HomeMy WebLinkAbout2015-05-05 Ordinance00-05-115
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Prepared by: John Yapp, Development Services Coor., PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-
356-5252 (REZ15-00002)
ORDINANCE NO. 15-4619
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 4.26 ACRES OF PROPERTY
LOCATED AT THE NORTHEAST CORNER OF DUBUQUE RD AND N DODGE ST, FROM LOW
DENSITY SINGLE FAMILY RESIDENTIAL (RS -5) TO MIXED USE (MU). (REZ15-00002)
WHEREAS, the Applicant (Focus Commercial Real Estate, LLC) and Owner (Pleiades, LLC) have
requested a rezoning of property located at the north east corner of Dubuque Rd and N Dodge St from Low
Density Single Family Residential(RS-5) to Mixed Use (MU); and
WHEREAS, the Comprehensive Plan, specifically the North District Plan indicates that Mixed Use is
appropriate at the NE corner of Dubuque Rd and N Dodge St; 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 additional landscaping on the west and north sides of the proposed parking area, and addressing
the size of the parking area through a limitation on the amount of parking that can be paved unless a need for
additional parking can be demonstrated; and
WHEREAS, Iowa Code §414.5 (2015) 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 Low Density
Single Family (RS -5) to Mixed Use (MU):
A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER
AND A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER
ALL OF SECTION 2, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH
PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, INCLUDING A
PORTION OF LOTS 2 AND 3 OF JACOB RICORD'S SUBDIVISION, IN ACCORDANCE
WITH THE PLAT THEREOF RECORDED IN DEED BOOK 15 AT PAGE 146 OF THE
RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, DESCRIBED AS
FOLLOWS:
Beginning at the Southwest Corner of the Southeast Quarter of the Northwest Quarter of Section
2, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson
County, Iowa; Thence N18°00'31"E, along the Centerline of Dubuque Road, 185.85 feet; Thence
S88°45'25"E, 301.21 feet; Thence S36°18'18"E. 261.91 feet, to a Point on the Northerly Right -
of -Way Line of Iowa Highway No. 1; Thence S53°42'55"W, along said Northerly Right -of -Way
Line, 496.25 feet; Thence S57°59'36"W, along said Northerly Right -of -Way Line, 117.95 feet, to
its intersection with the Easterly Right -of -Way Line of said Dubuque Road; Thence
N 18' 1 P31 "W, along said Easterly Right -of -Way Line, 65.81 feet, to the Southwest Corner of Lot
2 of Jacob Ricord's Subdivision, in accordance with the Plat thereof Recorded in Deed Book 15,
at Page 146 of the Records of the Johnson County Recorder's Office; Thence N019 1'05"E, along
the East Line of said Lot 2, a distance of 334.60 feet, to the Point of Beginning. Said Tract of
Land contains 4.26 Acres, and is subject to easements and restrictions of record.
Ordinance No. 15-4619
Page 2
SECTION H. 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 5 th day of May , 2015.
ATTEST: �C
CITY CLERK
A"vedby
City Attorneys Office q �� s
Ordinance No. 15-4619
Page 3
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: ABSTAIN:
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 04/21/2015
Voteforpassage: AYES: Mims, Payne, Throgmorton, Botchway,
Dobyns, Hayek. NAYS: None. ABSENT: Dickens.
Second Consideration --------------------
Vote for passage:
Date published 05/14/2015
x
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 itis 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, Botchway, Dobyns. NAYS: Throgmorton.
ABSENT: None. ABSTAIN: Dickens.
Prepared by: John Yapp, Dev.Services Coor., 410 E. Washington, Iowa City, IA 52240 (319) 356-5252 (REZ15-00002)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), Pleiades LLC (hereinafter "Owner"), and Focus Commercial Real Estate
LLC (hereinafter "Applicant").
WHEREAS, Owner is the legal title holder of approximately 4.26 acres of property
located at the north east corner of Dubuque Rd and N Dodge St in Iowa City; and
WHEREAS, the Owner has requested the rezoning of said property from Low Density
Single Family (RS -5) to Mixed Use (MU); and
WHEREAS, Iowa Code §414.5 (2015) 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 specifically the need for additional landscaping at the west and north sides of the proposed
parking area, and addressing the size of the parking area through a limitation on the amount of
parking that can be paved unless a need for additional parking can be demonstrated; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding landscaping and the size of the proposed parking area, the requested
zoning is consistent with the Comprehensive Plan; and
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. Pleiades, LLC is the legal title holder of the property legally described as:
A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND
A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER ALL
OF SECTION 2, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL
MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, INCLUDING A PORTION OF
LOTS 2 AND 3 OF JACOB RICORD'S SUBDIVISION, IN ACCORDANCE WITH THE
PLAT THEREOF RECORDED IN DEED BOOK 15 AT PAGE 146 OF THE RECORDS
OF THE JOHNSON COUNTY RECORDER'S OFFICE, DESCRIBED AS FOLLOWS:
Beginning at the Southwest Corner of the Southeast Quarter of the Northwest Quarter of
Section 2, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City,
Johnson County, Iowa; Thence N18°00'31"E, along the Centerline of Dubuque Road,
185.85 feet; Thence S88°45'25"E, 301.21 feet; Thence S36°18'18"E. 261.91 feet, to a
Point on the Northerly Right -of -Way Line of Iowa Highway No. 1; Thence S53°42'55"W,
along said Northerly Right -of -Way Line, 496.25 feet; Thence S57°59'36"W, along said
Northerly Right -of -Way Line, 117.95 feet, to its intersection with the Easterly Right -of -
Way Line of said Dubuque Road; Thence N18°11'31"W, along said Easterly Right -of -
Way Line, 65.81 feet, to the Southwest Corner of Lot 2 of Jacob Ricord's Subdivision, in
ppdadm/agt/cza- pleaides.doc
accordance with the Plat thereof Recorded in Deed Book 15, at Page 146 of the
Records of the Johnson County Recorder's Office; Thence N01'1 1'05"E, along the East
Line of said Lot 2, a distance of 334.60 feet, to the Point of Beginning. Said Tract of
Land contains 4.26 Acres, and is subject to easements and restrictions of record.
2. In consideration of the City's rezoning the subject property, Owner and Applicant agree
that development of the subject property will conform to all requirements of the zoning
chapter, as well as the following conditions:
A. Development shall be in general conformance with the site concept plan dated March
5, 2015 attached hereto and incorporated by reference herein.
B. Staff approval of a landscaping plan shall be required in conjunction with site plan
approval for Lot 1, Pleiades First Addition, in conformance with the attached site
concept plan, showing a minimum S3 screening along the west and north sides of the
parking area, a minimum15 foot setback and berm separating the parking area from
the Dubuque Rd right of way, and no parking stalls directly opposite the RS -5 zone on
the west side of Dubuque Rd.
C. Parking along the north and east sides of the parking area, identified as 'Phase 2
Parking' on the attached site concept plan, shall remain unpaved unless approved by
the City Manager, or designee, based on evidence of need.
3. The conditions contained herein are reasonable conditions to impose on the land under
Iowa Code §414.5 (2015), and that said conditions satisfy public needs that are caused
by the requested zoning change.
4. In the event the subject property is transferred, sold, redeveloped, or subdivided, all
redevelopment will conform with the terms of this Conditional Zoning Agreement.
5. 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.
6. 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.
7. 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 5th day of May , 20 15
CITY OF IOWA CITY
96�9Q A
Matthew J Haye , ay
ppdadm/agt/cn- pleaides.doc 2
Attest:
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maria"". Karr, City Clerk
Approved by:
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City Attorney's Office 2l I IS
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
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JOHNSON COUNTY )
By:
This instrument was acknowledged before me on %���.� Jr , 20d5 by Matthew J. Hayek and
Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City.
.re -6./'-e— ,/' %7 "
Notary Public in and for the State of Iowa
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KELLIE K. TUTTLE�- Commission Number 221819>>1y Commission ExpiresTitle (and Rank)
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STATE OF IOWA )
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JOHNSON COUNTY )
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Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 1, ENTILTED "ADMINISTRATION," CHAPTER 4,
ENTITLED "GENERAL PENALTY," AND TITLE 8, ENTITLED "POLICE REGULATIONS,"
CHAPTER 5, ENTITLED "MISCELLANEOUS OFFENSES," TO ELIMINATE THE DEFAULT
PENALTY OF JAIL TIME FOR UNSCHEDULED SIMPLE MISDEMEANORS AND
ESTABLISH THE PENALTY FOR INDECENT EXPOSURE.
WHEREAS, on April 3, 2015, the Iowa Supreme Court ruled in State v. Young (No. 13-0983) that the
Iowa Constitution requires court appointed counsel for indigent defendants in simple misdemeanors if the
penalty includes the possibility of jail time;
WHEREAS, the penalty for many of the City's simple misdemeanors is a set fine (aka, a scheduled
offense), but Section 1-4-1B of the City Code provides that if the penalty is not specified in the ordinance,
the penalty defaults to Iowa Code section 903.1(1)(a);
WHEREAS, under Iowa Code section 903.1(1)(a), the fine for a simple misdemeanor is "at least sixty-
five dollars [$65.00] but not to exceed six -hundred twenty-five dollars [$625.00 and] [t]he court may also
order imprisonment not to exceed thirty [30] days...'
WHEREAS, the City Attorney's Office can only recall one instance in over twenty (20) years in which
the City requested that a defendant be sentenced to jail and the offense was for indecent exposure in City
Park, and in that case, the Court appointed the defendant an attorney; and
WHEREAS, the appropriate default penalty for simple misdemeanors under the City Code should be
a fine, but jail as a penalty for indecent exposure should remain a possibility; and
WHEREAS, it is in the best interest of the City to adopt this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 1, entitled "Administration," Chapter 4, entitled "General Penalty," Section 1, entitled
"Violations; Criminal Penalty," Subsection B, is hereby amended by deleting the words "as set in Iowa Code
section 903.1(1)(a), as amended" and inserting in lieu thereof the following:
with a fine of at least sixty-five dollars ($65.00) but not to exceed six -hundred twenty-five dollars
($625.00).
2. Title 8, entitled "Police Regulations," Chapter 5, entitled "Miscellaneous Offenses," Section 6,
entitled "Indecent Exposure," is hereby amended by adding a new Subsection C as follows:
The penalty for violation of this section is punishable by a penalty as set in Iowa Code section
903.1(1)(a), as amended.
3. This amendment shall apply to all simple misdemeanors issued on or after the effective date of
this ordinance and all simple misdemeanors on file as of the effective date of this ordinance.
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 day of 2015.
MAYOR
ATTEST:
CITY CLERK
• ,NO,4 1 ,
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
First Consideration 05/05/2015
Voteforpassage: AYES: Botchway, Dickens, Dobyns, Hayek, Mims,
Payne, Throgmorton. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
NO
Marian Karr
From:
Eric Goers
Sent:
Monday, May 04, 2015 4:36 PM
To:
Iaustinmb@gmail.com'
Cc:
Tom Markus; Council; Eleanor M. Dilkes; Sue Dulek
Subject:
Simple Misdemeanors Ordinance
Ms. Austin,
Your e-mail has been forwarded to me for response.
Let me start by saying I'm so sorry you suffered a sexual assault. It is an experience no one should have to
endure.
The City does not have any assault ordinances — assault is governed by State law, prosecuted by the County
Attorney's Office. Nothing in the proposed amendment to the City's ordinances will affect State charges, such as the
charges filed against your assailant. He would still face jail time under the State charges.
Our ordinance amendment removes jail time as a penalty for crimes for which there is not a penalty already set
by law. Otherwise, under a recent Iowa Supreme Court decision, an attorney would need to be made available for every
defendant charged with disorderly house (loud party complaints) and any other offense for which a penalty has not
been set. That is an additional and needless burden to the City, public defenders, and judicial system that we do not
wish to face, especially in light of the fact that the City has almost never asked for jail time for City offenses anyway. To
my memory, we have only sentenced one person to jail time in the last 20 years, and that was for indecent exposure —
an offense for which jail time will remain available.
So, to be clear, those who commit sexual assault will continue to face jail time under State law, which is the law
under which they are now, and will continue to be, prosecuted. Nothing changes in that regard.
if you have any additional questions, please do not hesitate to contact me.
Eric Goers
Assistant City Attorney
410 East Washington Street
Iowa City, IA 52240
319-356-5030
319-356-5008 Fax
eric-eoers(@iowa-citv.ore
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CITY OF IOWA CITY
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Notice:
Since e-mail messages sent between you and the City Attorney's Office and its employees are transmitted over the
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received this message in error. Please notify the person sending the message and destroy your copy. Thank you.
Sent: Monday, May 04, 2015 12:34 PM
To: Council
Subject: Simple Misdemeanors Ordinance
Hello,
I would like to get some clarification on the ordinance change on which you are voting tomorrow night.
I was sexually assaulted last year and the person convicted of the crime accepted a plea bargain down from an
aggravated misdemeanor to a simple misdemeanor of assault. He was sentenced to 30 days in jail suspended with
probation terms.
I am not comfortable with the idea that this form of assault has no possibility of jail time
Would this particular crime fall under the ordinance change in your vote? If so, I encourage you to consider the wide-
ranging impact this change would have on these kinds of situations.
Thank you,
Megan Austin
Iowa City Resident
austinmb@email.com
Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING THE IOWA CITY CHARTER PREAMBLE, AND ARTICLE II (CITY
COUNCIL) SECTION 2.06 (MAYOR), ARTICLE III (NOMINATION, PRIMARY ELECTION AND
REGULAR ELECTION) SECTION 3.01 (NOMINATION), ARTICLE IV (CITY MANAGER)
SECTION 4.02 (ACCOUNTABILITY; REMOVAL), ARTICLE V (BOARDS, COMMISSIONS AND
COMMITTEES), SECTION 5.01 (ESTABLISHMENT) AND SECTION 5.02 (APPOINTMENT;
REMOVAL), ARTICLE VI (CAMPAIGN CONTRIBUTIONS AND EXPENDITURES) SECTION 6.03
(DEFINITION) AND ARTICLE VII (INITIATIVE AND REFERENDUM) AS RECOMMENDED BY
THE CHARTER REVIEW COMMISSION.
WHEREAS, the Iowa City Charter provides for the establishment of a Charter Review Commission at
least once every ten (10) years;
WHEREAS, on January 7, 2014 by resolution No. 14-9 the City Council established a nine (9)
member Commission to review the Charter with a term beginning April 1, 2014 and ending no later than
April 1, 2015;
WHEREAS, the Charter Review Commission met twenty-five (25) times to review the Charter and
held two public hearings and a public meeting with interactive discussion;
WHEREAS, the Charter Review Commission submitted its recommendations to the Council by written
report dated March 9, 2015;
WHEREAS, the Charter requires that the City Council either adopt each Commission
recommendation by ordinance or submit it to the voters; and,
WHEREAS, it is in the best interest of the City to adopt said recommendations by ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. The Preamble of the Charter is amended by deleting the entire preamble and substituting the
following new preamble in lieu thereof:
We, the people of Iowa City, Iowa, pursuant to the Constitution and statutes of the State of Iowa and the
principle of self-determination, proclaim that the government of Iowa City belongs to all its residents and
all share the responsibility for it. We hereby adopt this Charter and confer upon it the full home rule
powers of a charter city. By this action we adopt the following principles:
1. Resident participation on an inclusive basis in democratic self-government.
2. The provision of service relating to the health, safety, and welfare of its residents in a fair,
equitable and efficient manner.
3. The conduct of city business in conformity with due process, equal protection under the laws, and
those individual liberties protected by the Constitution of the United States, the State of Iowa, and
local ordinances.
4. Civility by city employees in their interactions with the public
2. Article II, entitled "City Council", Section 2.06, entitled "Mayor", subparagraph B is amended by
deleting subparagraph B in its entirety and substituting the following new subparagraph B in lieu thereof:
B. The mayor is a voting member of the council, the official representative of the city, presiding officer of
the council and its policy spokesperson. The mayor may add items to the City Council agenda. The mayor
Ordinance No.
Page 2
shall present to the city no later than February 28 an annual state of the city message. (Ord. 95-3671, 3-
28-1995)
3. Article III, entitled "Nomination, Primary Election and Regular Election", Section 3.01, entitled
"Nomination" is amended by deleting Section 3.01 in its entirety and substituting the following new Section
3.01 in lieu thereof:
Section 3.01. Nomination
A. An eligible elector of a council district may become a candidate for a council district seat by filing with
the Johnson County Commissioner of Elections a valid petition requesting that his or her name be placed
on the ballot for that office. Unless otherwise provided by state law, the petition must be filed not more
than eighty-five (85) days nor less than sixty-eight (68) days before the date of the election. Unless
otherwise provided by state law, the petition must be signed by eligible electors from the candidate's
district equal in number to at least two (2) percent of those who voted to fill the same office at the last
regular city election, but not less than ten (10) persons. (Ord. 05-4152, 3-1-2005)
B. An eligible elector of the city may become a candidate for an at -large council seat by filing with the
Johnson County Commissioner of Elections a petition requesting that the candidate's name be placed on
the ballot for that office. Unless otherwise provided by state law, the petition must be filed not more than
eighty-five (85) days nor less than sixty-eight (68) days before the date of the election. Unless otherwise
provided by state law, the petition must be signed by eligible electors equal in number to at least two (2)
percent of those who voted to fill the same office at the last regular city election, but not less than ten (10)
persons. (Ord. 85-3227, 3-12-1985)
4. Article IV, entitled "City Manager', Section 4.02, entitled "Accountability; Removal" is amended by
deleting subparagraph A in its entirety and substituting the following new subparagraph A in lieu thereof:
Section 4.02. Accountability; Removal.
A. The city manager is under the direction and supervision of the council and holds office at its pleasure. A
city manager removed by the council is entitled to receive termination pay as provided by contract.
5. Article V, entitled "Boards, Commissions and Committees", Section 5.01, entitled "Establishment" is
amended by deleting Section 5.01 in its entirety and substituting the following new Section 5.01 in lieu
thereof:
Section 5.01. Establishment.
A. With the exception of the community police review board, the council may establish boards in addition
to those required by state law and shall specify the title, duties, length of term, qualifications of members
and other appropriate matters. The council may reduce or increase a board's duties, transfer duties from
one board to another or dissolve any board, except as otherwise provided by state law or this charter.
B. There shall be a permanent community police review board, which shall have vested in it the following
minimum powers:
1. To hold at least one community forum each year for the purpose of hearing views on the policies,
practices, and procedures of the Iowa City police department;
2. To make recommendations regarding such policies, practices, and procedures to the city council;
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3. To investigate claims of misconduct by sworn police officers and to issue independent reports of its
findings to the city council; and
4. The authority to subpoena witnesses. (Res. 07-262, 8-31-2007)
6. Article 5, entitled "Boards, Commissions and Committees", Section 5.02, entitled "Appointment;
Removal', is amended by replacing he word "citizens" with the word "residents".
7. Article VI, entitled "Campaign Contributions and Expenditures", Section 6.03, entitled "Definition", is
amended by deleting "chapter 56" and substituting "chapter 68A" in lieu thereof.
8. Article VII, entitled "Initiative and Referendum", Section 7.01, entitled "General Provisions", Section
7.03, entitled "Petitions; Revocation of Signatures", Section 7.04, entitled "Procedure After Filing", Section
7.05, entitled "Action on Petitions", Section 7.06, entitled "Results of Election" and Section 7.07, entitled
"Prohibition on Establishment of Stricter Conditions or Requirements", are amended by deleting said sections
in their entirety and substituting the following new Sections 7.01, 7.03, 7.04, 7.05, 7.06 and 7.07 in lieu
thereof:
ARTICLE VII. INITIATIVE AND REFERENDUM
Section 7.01. General Provisions.
A. Authority.
(1)lnitiative. The eligible electors have the right to propose measures to the council and, if the council fails
to adopt a measure so proposed without any change in substance, to have the measure submitted to the
voters at an election.
(2)Referendum. The eligible electors have the right to require reconsideration by the council of an existing
measure and, if the council fails to repeal such measure, to have it submitted to the voters at an election.
(3)Definition. Within this article, "measure" means all ordinances, amendments, resolutions or motions of
a legislative nature, however designated, which (a) are of a permanent rather than temporary character
and (b) include a proposition enacting, amending or repealing a new or existing law, policy or plan, as
opposed to one providing for the execution or administration of a law, policy or plan already enacted by
council.
B. Limitations.
(1)Subject Matter. The right of initiative and referendum shall not extend to any of the following:
(a) Any measure of an executive or administrative nature.
(b) The city budget.
(c) The appropriation of money.
(d) The levy of taxes or special assessments.
(e) The issuance of general obligation and revenue bonds.
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(f) The letting of contracts.
(g) Salaries of city employees.
(h) Any measure required to be enacted by state or federal law.
(i) Amendments to this charter.
Q) Amendments affecting the city zoning ordinance or the land use maps of the comprehensive plan,
including the district plan maps.
(k) Public improvements subsequent to city council action to authorize acquisition of property for that
public improvement, or notice to bidders for that public improvement, whichever occurs earlier. "Public
improvement' shall mean any building or construction work.
(2)Resubmission. No initiative or referendum petition shall be filed within two years after the same
measure or a measure substantially the same has been submitted to the voters at an election.
(3)Council Repeal, Amendment And Reenactment. No measure proposed by initiative petition and
adopted by the vote of the council without submission to the voters, or adopted by the voters pursuant to
this article, may for two years thereafter be repealed or amended except by a vote of the people, unless
provision is otherwise made in the original initiative measure. No measure referred by referendum petition
and repealed by the vote of the council without submission to the voters, or repealed by the voters
pursuant to this article, may be reenacted for two years thereafter except by vote of the people, unless
provision is otherwise made in the original referendum petition.
C. Construction.
(1)Scope Of Power. It is intended that this article confer broad initiative and referendum powers upon the
eligible electors of the city.
(2)lnitiative. It is intended that (a) no initiative petition will be invalid because it repeals an existing measure
in whole or in part by virtue of proposing a new measure and (b) an initiative petition may amend an
existing measure.
(3)Referendum. It is intended that a referendum petition may repeal a measure in whole or in part.
D. Effect Of Filing Petition. The filing of an initiative or referendum petition does not suspend or invalidate
any measure under consideration. Such measure shall remain in full force and effect until its amendment
or repeal by council pursuant to section 7.05(A) or until a majority of the qualified electors voting on a
measure vote to repeal or amend the measure and the vote is certified.
E. City Obligations. An initiative or referendum vote which repeals an existing measure in whole or in part
does not affect any obligations entered into by the city, its agencies or any person in reliance on the
measure during the time it was in effect. (Ord. 05-4152, 3-1-2005)
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Section 7.03. Petitions; Revocation Of Signatures.
A. Number Of Signatures. Initiative and referendum petitions must be signed by eligible electors equal in
number to at least twenty-five percent (25%) of the number of persons who voted in the last regular city
election, but such signatures of eligible electors shall be no fewer than three thousand six hundred.
B. Form And Content. All papers of a petition prepared for filing must be substantially uniform in size and
style and must be assembled as one instrument. Each person signing shall provide, and the petition form
shall provide space for, the signature, printed name, address of the person signing and the date the
signature is executed. Petitions prepared for circulation must contain or have attached thereto throughout
their circulation the full text of the measure proposed or sought to be reconsidered. The petition filed with
the city clerk need have attached to it only one copy of the measure being proposed or referred.
C. Affidavit Of Circulator. Each paper of a petition containing signatures must have attached to it when
filed an affidavit executed by an eligible elector certifying: the number of signatures on the paper, that he
or she personally circulated it, that all signatures were affixed in his or her presence, that he or she
believes them to be genuine signatures of the persons whose names they purport to be and that each
signer had an opportunity before signing to read the full text of the measure proposed or sought to be
reconsidered. Any person filing a false affidavit will be liable to criminal penalties as provided by state law.
(Ord. 05-4152, 3-1-2005)
D. Time For Filing Initiative Petitions. Signatures on an initiative petition must be secured and the petition
filed within six months after the date the affidavit required under section 7.02(A) was filed. (Ord. 85-3227,
3-12-1985)
E. Time For Filing Referendum Petitions. Referendum petitions may be filed within sixty days after final
adoption by the council of the measure sought to be reconsidered, or subsequently at any time more than
two years after such final adoption. The signatures on a referendum petition must be secured during the
sixty days after such final adoption; however, if the petition is filed more than two years after final adoption,
the signatures must be secured within six months after the date the affidavit required under section
7.02(A) was filed. (Ord. 05-4152, 3-1-2005)
F. Revocation Of Signature. Prior to the time a petition is filed with the city clerk, a signatory may revoke
his or her signature for any reason by filing with the city clerk a statement of his or her intent to revoke his
or her signature. After a petition is filed a signatory may not revoke his or her signature. The city clerk shall
cause to be prepared and have available to the public, forms suitable for the revocation of petition
signatures. (Ord. 85-3227, 3-12-1985)
Section 7.04. Procedure After Filing.
A. Validity Of A Petition. A petition is valid if it contains the minimum required signatures by eligible
electors in the required form and with the required content and accompanied by the Affidavit of Circulator
as set forth in Section 7.03. The petition shall be examined by the city clerk before it is accepted for filing.
If the petition appears valid on its face it shall be accepted for filing. If it lacks the required number of
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signatures it shall be considered invalid and returned to the petitioners. Petitions which have been
accepted for filing are valid unless written objections are filed with the city clerk within five working days
after the petition is received.
B. Hearing On Objections; Objections Committee. Written objections timely filed with the city clerk shall be
considered by an Objections Committee made up of the mayor and city clerk and one member of the
council chosen by the council by ballot, and a majority decision shall be final. The hearing on the
objections shall be held within ten days of receipt of the objections.
C. Court Review. To the extent allowed by law, court review of the Objections Committee's actions shall
be by writ of certiorari.
Section 7.05. Action On Petitions.
A. Action By Council. When an initiative or referendum petition has been determined valid, the council
shall promptly consider the proposed initiative measure or reconsider the referred measure. If the council
fails to adopt a proposed initiative measure and fails to adopt a measure which is similar in substance
within sixty days, or if the council fails to repeal the referred measure within thirty days after the date the
petition was finally determined valid, it shall submit the proposed or referred measure to the qualified
electors of the city as hereinafter prescribed. If at any time more than thirty days before a scheduled
initiative or referendum election the council adopts the proposed initiative measure or adopts a measure
which is similar in substance or if the council repeals a referred measure, the initiative or referendum
proceedings shall terminate and the proposed or referred measure shall not be submitted to the voters.
B. Submission To Voters.
(1) Initiative. The vote of the city on a proposed measure shall be held at the regular city election or at the
general election which next occurs more than forty days after the expiration of the sixty day period
provided for consideration in section 7.05(A), provided that the initiative petition was filed no less than 80
days prior to the deadline imposed by state law for the submission of ballot questions to the commissioner
of elections.
(2) Referendum. The vote of the city on a referred measure shall be held at the regular city election or at
the general election which next occurs more than forty days after the expiration of the thirty day period
provided for reconsideration in section 7.05(A), provided that the referendum petition was filed no less
than 50 days prior to the deadline imposed by state law for the submission of ballot questions to the
commissioner of elections. The council may provide for a special referendum election on a referred
measure any time more than 120 days after the filing of the referendum petition with the city clerk.
C. Ballot. Copies of the proposed or referred measure shall be made available to the qualified electors at
the polls and shall be advertised at the city's expense in the manner required for "questions" in section
376.5 of the Iowa Code. The subject matter and purpose of the referred or proposed measure shall be
indicated on the ballot. (Ord. 05-4152, 3-1-2005)
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Section 7.06. Results Of Election.
A. Initiative. If a majority of the qualified electors voting on a proposed initiative measure vote in its favor, it
shall be considered adopted upon certification of the election results. The adopted measure shall be
treated in all respects in the same manner as measures of the same kind adopted by the council, except
as provided in section 7.01(6)(3). If conflicting measures are approved by majority vote at the same
election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such
conflict.
B. Referendum. If a majority of the qualified electors voting on a referred measure vote in favor of
repealing the measure, it shall be considered repealed upon certification of the election results. (Ord. 05-
4152, 3-1-2005)
Section 7.07. Prohibition On Establishment Of Stricter Conditions Or Requirements.
The council shall not set, except by charter amendment, conditions or requirements affecting initiative
and referendum. (Ord. 76-2792, 1-2-1976)
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 become effective after its final passage,
approval and publication as required by law.
Passed and approved this day of , 2015.
MAYOR
ATTEST:
CITY CLERK
M
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City Attorneys Office
Ordinance No.
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It was moved by and seconded by that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration -04/21/2015
Voteforpassage: AYES: Botchway, Dobyns, Hayek, Mims, Payne,
Throgmorton. NAYS: None. ABSENT: Dickens.
Second Consideration 05/05/2015
Vote for passage: AYES: Dickens, Dobyns , Hayek, Mims, Payne,
Throgmorton, Botchway. NAYS: None. ABSENT: None.
Date published