HomeMy WebLinkAbout2015-06-02 Ordinance5b
Prepared by: John Yapp, Development Services Coordinator, PCD, 410 E. Washington Street, Iowa City, IA 52240;
319-356-5252 (REZ15-00006)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 0.62 ACRES OF PROPERTY
LOCATED AT THE NORTHEAST CORNER OF COLLEGE STREET AND GILBERT STREET, FROM
PUBLIC (P-1) AND CENTRAL BUSINESS SUPPORT (CB -5) TO CENTRAL BUSINESS DISTRICT
(CB -10). (REZ15-00006)
WHEREAS, the applicant, the City of Iowa City, has requested a rezoning of property located at the
northeast corner of College Street and Gilbert Street from Public (P-1) and Central Business Support (CB -5)
Zones to Central Business District (CB -10) Zone; and
WHEREAS, the City owns a majority of the property and has determined that the property is not needed
for public use; and
WHEREAS, the property is within one block of several public facilities, including City Hall, the Recreation
Center, the Swan Parking Facility and Chauncey Swan Park and is within easy walking distance of the Public
Library, Downtown Iowa City and the University of Iowa campus, fronts on a four -lane arterial street (Gilbert
Street) and is served by multiple public transit routes; and
WHEREAS, the property contains no residential properties, no historic properties, and is currently
underutilized for substandard storage uses and surface parking; and
WHEREAS, the IC2030 Comprehensive Plan Future Land Use Map identifies the property as
appropriate for general commercial uses; and
WHEREAS, the IC2030 Comprehensive Plan identifies the property as being in the Downtown Planning
District; and
WHEREAS, the IC2030 Comprehensive Plan acknowledges there is increasing demand for higher -
density urban housing and supports quality infill development, maintaining a strong, accessible and
pedestrian -oriented downtown, compact and efficient development, and the construction of Class A Office
space in new mixed-use buildings; and
WHEREAS, the CB -10 Zone is an appropriate zoning designation to encourage higher density, mixed
use projects in the downtown area on property which is well -served by street access, public transit, sidewalks
and parking facilities; and
WHERES, pursuant to Iowa Code § 414.5, these public needs can be addressed through the imposition
of certain conditions over and above the existing zoning code to limit the building height and massing, require
certain on-site parking, and include Class A office space; and
WHEREAS, the owners 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 Public (P-1) to
Central Business District (CB -10):
Lots 5, 6, and the West 160 feet of the 20 -foot wide alley in Block 43, Original Town Plat, Iowa City, Iowa
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.
Ordinance No.
Page 2
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of 20_.
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorneys Office �%(
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS:
First Consideration
Vote for passage: AYES:
NAYS: Throgmorton,
Second Consideration _
Vote for passage:
Date published
ABSENT:
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
06/02/2015
that the
Dickens, Dobyns, Hayek, Mims.
Botchway. ABSENT:. None. ABSTAIN: Payne
Prepared by: John Yapp, Development Services Coordinator, 410 E. Washington, Iowa City, IA 52240 (319) 356-5252
(REZ15-00006)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and the City of Iowa City and MidAmerican Energy Company (hereinafter
"Owners").
WHEREAS, Owners are the legal title holder of approximately 0.62 acres of property
located at the north east corner of College Street and Gilbert Street; and
WHEREAS, the City of Iowa City has requested the rezoning of said property from
Public (P-1) and Central Business Support (CB -5) Zones to Central Business District (CB -10)
Zone; 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 Owners acknowledge that certain conditions and restrictions are
reasonable to ensure the development of the property enhances the goals of the
Comprehensive Plan specifically the need for Class A Office Space, on-site parking for
residential uses, a mixed-use building, and step -backs in height at the third and fifth floors to
minimize the impression of building height; and
WHEREAS, the Owners agree to develop or sell 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. The City of Iowa City and MidAmerican Energy Company are the collective legal title
holders of the property legally described as Lots 5 and 6, and the West 160 feet of the
20 -foot wide alley in Block 43, Original Town Plat, Iowa City, Iowa.
2. The Owners acknowledge that the City wishes to ensure conformance to the principles
of the Comprehensive Plan. Further, the Owners acknowledge that 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 the existing regulations, in order to
satisfy public needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, Owners agree that
development of the subject property will conform to all other requirements of the zoning
chapter, as well as the following conditions:
a. Any building constructed there on shall be a mixed-use building no more than 15
stories in height; shall contain a minimum of two floors of Class A Office space;
b. The building height shall step -back at the third and the fifth floors along the Gilbert
Street frontage and at least 70 feet of the College Street frontage;
c. All required parking for residential uses being provided on-site; and
d. The exterior building design shall be approved by the City's Design Review Committee
prior to issuance of any building permit.
4. The Owners acknowledge that 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.
5. The Owners acknowledge that in the event the subject property is transferred, sold,
redeveloped, or subdivided, all redevelopment will conform with the terms of this
Conditional Zoning Agreement.
6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be
a covenant running with the land and with title to the land, and shall remain in full force
and effect as a covenant with title to the land, unless or until released of record by the
City of Iowa City.
The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
7. The Owners acknowledge that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owner 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 City's expense.
Dated this A day of .12015
CITY OF IOWA CITY
Matthew J Hayek, Mayor
Attest:
Ma it an Karr, City Clerk
on.g)z-�-
City Attorney's Office
MIDAMERICAN
ENERGY COMPANY
By: �, 4, ,
Jeff6/y I &Ousff
Vice President, Compliance & Standards
By:_P..-z '9 1�4- �
Paul J. Leighton
Vice President & Corporate Secretary
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
7- 2
This instrument was acknowledged before me on , 2015 by Matthew J.
Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City.
iiELLIE K. TUTTLE
Commission Number 221819
My Co issi n Expires
&--r._ l',- e- k 7��
Notary Public in and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
MIDAMERICAN ENERGY COMPANY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
POLK COUNTY )
This instrument was acknowledged before me on ��� 2015 by Jeffery J. Gust
as Vice President, Standards of MidAmerican nergy Company.
% ROBYN STWHENS
f ALLCommission Numbcr 75!311-- — -�7" AA
• My om iss o Ex^'vac.)qwt
Notary P lic in and f r said County and State
STATE OF IOWA l
) ss:
POLK COUNTY )
This instrument was acknowledged before me on C° a 2015 by Paul J.
Leighton as Vice President & Corporate Secretary MidAmerican Energy Company.
Notary Public in and for said County and State
�O,4 CONNIE K SULLIVAN
Commission Number 183035
My Comi ion ExpiresIrSil 117
3
N
_d
min
Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, 4-41"40-V
3
ORDINANCE NO.F:, -E*
AN ORDINANCE AMENDING TITLE 14: ZONING TO CREATE AN EXEMPTION ION 140M THE
FLOOR AREA RATIO LIMITATION AND ESTABLISH NEW HEIGHT STANDARDS FOR
HOSPITALS LOCATED IN THE COMMERCIAL ICE (CO -1) ZONE (REZ15-00009)
WHEREAS, Prior to adoption of the new zonin code in 2005, there was a provision in the
in the Zoning Code regarding hospitals located i the Commercial Office (CO -1) Zone that
stated, "Hospi Is which existed on August 7, 19 2, shall be exempt from and may expand
without compli nce with the dimensional requirem ts."; and
WHEREAS\alreadyare
this exemption Mercy Ho pital, which is the only hospital in Iowa City
that is subject oning and is located in th CO -1 Zone, has constructed buildings that
exceed the floodo (FAR) and height limit ions in the CO -1 Zone; and
WHEREASa zoning code langua a in the CO -1 was adopted in 2005 that was
believed at theul ccommodate futur expansion of Mercy Hospital in a manner that
would be compth the urrounding lower scale neighborhood; however, because existing
hospital buildiny are n conforming th regard to FAR and height, Mercy Hospital will
be precluded fstructing ildings o the portions of their lots that currently contain
surface parking lots; and
WHEREAS, since active building s
use of land than surface parking and
neighborhood and facilities and activity
in the neighborhood, it is in the best inti
reasonable redevelopment of the hospi
in mass and scale to existing hospital
the perceived height of buildings wher
�acqtwill create a more pedestrian -friendly and efficient
lice the hospital complex is well established in the
a ciated with the hospital are an expected part of life
sit the City to adjust the zoning regulations to allow
l prop y into active building space that is compatible
buildings ith upper story fagade step -backs to reduce
the hospita buts a single family zone boundary; and
WHEREAS, the proposed heigh limitation of 6Neetinmbination with the upper story
step-back requirement will provide appropriate althe current FAR limitation, such
that it is reasonable to exempt hos itals in the CO -1 the FAR limitation in the zoning
ordinance; and
WHEREAS, the Planning a d Zoning Commireviewed the proposed zoning
amendments and recommend a proval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY CO\((4),as
F THE CITY OF IOWA
CITY, IOWA:
SECTION I. The Code of Ordinances of the City of Iowa Cis hereby amended as
follows:
A. Amend subparagraph 14 -2C -4C -1d. to add a paragraphIlows:
(4) In the CO -1 Zone, Hospitals are exempt from the FAR limit and may exceed the
height limit up to a maximum of 65 feet, provided that along lot lines that abut or
are across the street from a single family residential zone, building facades
above the 3`d story are stepped back at least 20 feet from the 3rd story facade.
This required upper story facade step -back may be established at a lower story,
provided that it is established at least 25 feet in height above grade.
Ordinance No.
-Page 2
B. Delete footnote 3. in Table 2C -2(a), Dimensional Requirements for All Commercial
Zones, Except the MU Zone, and substitute in lieu thereof:
3. Maximum FAR is 3, except for lots that abut or are across the street from a single
family residential zone, in which case the maxi um FAR is 1. Hospitals are exempt
from the FAR limit in the CO -1 Zone.
SECTION II. REPEALER. Allo finance;
of this Ordinance are hereby repeale .
SECTION III. SEVERABILITY. I any
adjudged to be invalid or unconstituti al,
Ordinance as a whole or any secti ,
unconstitutional.
SECTION IV. EFFECTIVE DATE. Thi:
approval and publication.
Passed and approved this day of
MAYOR
ATTEST:
CITY CLERK
and parts (ft ordinances in conflict with the provisions
section, p ovision or part of the Ordinance shall be
.
such a dication shall not affect the validity of the
provisi or part thereof not adjudged invalid or
nce shall be in effect after its final passage,
2015.
Approved by
Attorney's Office
5a
Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 14: ZONING TO CREATE AN EXEMPTION FROM THE
FLOOR AREA RATIO LIMITATION AND ESTABLISH NEW HEIGHT STANDARDS FOR
HOSPITALS LOCATED IN THE COMMERCIAL OFFICE (CO -1) ZONE (REZ15-00009)
WHEREAS, Prior to adoption of the new zoning code in 2005, there was a provision in the
in the Zoning Code regarding hospitals located in the Commercial Office (CO -1) Zone that
stated, "Hospitals which existed on August 7, 1962, shall be exempt from and may expand
without compliance with the dimensional requirements."; and
WHEREAS, due to this exemption Mercy Hospital, which is the only hospital in Iowa City
that is subject to City zoning and is located in the CO -1 Zone, has constructed buildings that
exceed the floor area ratio (FAR) and height limitations in the CO -1 Zone; and
WHEREAS, the 2005 zoning code amendments eliminated the exemption, but included
FAR and height limitation language intended to accommodate future expansion of Mercy
Hospital in a manner compatible with the surrounding lower scale neighborhood;
WHEREAS, because existing hospital buildings are already nonconforming with regard to
FAR and height, the 2005 amended language unintentionally precludes Mercy Hospital from
constructing buildings on its current surface parking lots; and
WHEREAS, it is in the public interest to amend the zoning code to exempt hospitals from
the FAR building bulk standards in the CO -1 zone, limit building height to 65 feet, and require
certain step -backs for facades abutting or across the street to single-family residential zones;
and
WHEREAS, these amendments will allow reasonable redevelopment of hospital property
into active building space that is compatible in mass and scale to existing hospital buildings with
upper story fagade step -backs to reduce the perceived height of buildings where the hospital
abuts a single-family zone boundary; and
WHEREAS, active building space will create a more pedestrian -friendly and efficient use of
land than surface parking and since the hospital complex is well established in the
neighborhood and facilities and activity associated with the hospital are an expected part of life
in the neighborhood; and
WHEREAS, limiting the building height to 65 feet, in combination with upper story step -back
for hospitals will provide an appropriate alternative to the current FAR limitation, such that it is
reasonable to exempt hospitals in the CO -1 Zone from the FAR limitation in the zoning
ordinance; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed zoning
amendments and recommend approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as
follows:
A. Amend subparagraph 14 -2C -4C -1d, adjustments to maximum height standards for
commercial properties, to add paragraph (4), as follows:
Ordinance No.
Page 2
(4) In the CO -1 Zone, Hospitals are exempt from the FAR limit and may exceed the
height limit up to a maximum of 65 feet, provided that along lot lines that abut or
are across the street from a single family residential zone, building facades
above the 3rd story shall be stepped back at least 20 feet from the 3rd story
facade. This required upper story facade step -back may be established at a
lower story, provided that it is established at least 25 feet in height above grade.
B. Delete footnote 3. in Table 2C -2(a), Dimensional Requirements for All Commercial
Zones, Except the MU Zone, and substitute in lieu thereof:
3. Maximum FAR is 3, except for lots that abut or are across the street from a single
family residential zone, in which case the maximum FAR is 1. Hospitals are exempt
from the FAR limit in the CO -1 Zone.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions
of this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,
approval and publication.
Passed and approved this day of , 2015.
MAYOR Approved by
ATTEST:._.
CITY CLERK • City Attorney's Office �- J►� IS-
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
First Consideration
Vote for passage: AYES:
NAYS: Throgmorton.
Second Consideration _
Vote for passage:
Date published
that the
06/02/2015
Dobyns, Hayek, Mims, Botchway, Dickens.
ABSENT: Payne.
5C_'
Prepared by: John Yapp, Dev. Srvcs. Coor., 410 E. Washington Street, Iowa City, IA 52240; 319-356-5252 (VAC15-00001)
ORDINANCE NO.
ORDINANCE VACATING PORTIONS OF PUBLIC ALLEY RIGHT-OF-WAY LOCATED IN
BLOCK 43, CITY OF IOWA CITY (VAC15-00001)
WHEREAS, the City of Iowa City has initiated an application to vacate the western 160 feet of alley
right-of-way in Block 43, City of Iowa City; and
WHEREAS, Block 43 is bounded by College Street, Gilbert Street, Washington Street and Van
Buren Street; and
WHEREAS, The alley right of way is not used for general traffic or pedestrian circulation; and
WHEREAS, Utility easements will be maintained for any private utilities using the alley right of way;
and
WHEREAS, The City of Iowa City owns the entire block except for the MidAmerican Energy parcel,
which has access via a north -south access drive; and
WHEREAS, The City will retain ownership of the alley and it will continue to function as a service and
City vehicle access drive unless and until it is conveyed as a part of conveyance of adjacent property to
be approved by the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I VACATION. The City of Iowa City hereby vacates that portion of public right-of-way
described as follows:
The Western 160 feet of the 20 -foot wide alley right of way in Block 43, City of Iowa City,
subject to any existing utility easements for private utilities, including the right of ingress
and egress for MidAmerican Energy Company.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole
or any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
MAYOR
ATTEST:
CITY CLERK
Approved by
Cily 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:
First Consideration
Vote for passage: AYES:
NAYS: Throgmorton.
Second Consideration _
Vote for passage:
Date published
ABSENT:
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
06/02/2015
that the
Hayek, Mims, Botchway, Dickens, Dobyns.
ABSENT: None. ABSTAIN: Payne.
Prepared by: John Yapp, Dev. Srvcs. Coor., 410 E. Washington Street, Iowa City, IA 52240; 31 -356-5252 (VAC15-00001)
ORDINANCE NO.
ORDINANCE VATING PORTIONS OF PUBLIC ALLEY RIG -OF-WAY LOCATED IN
BLOCK 43, CITY O IOWA CITY (VAC15-00001)
WHEREAS, theCity o owa City has initiated an application to
right-of-way in Block 43, City f Iowa City; and
WHEREAS, Block 43 is unded by College Street, Gilbe
Buren Street; and
WHEREAS, The alley right of ay is not used for general tr ffic
WHEREAS, Utility easements 'll be maintained for any rivat
and
WHEREAS, The City of Iowa City wi
which has access via a north -south acc
WHEREAS, The City will retain owner.
City vehicle access drive unless and until
be approved by the City.
NOW, THEREFORE, BE IT ORDAINED
IOWA:
the western 160 feet of alley
Washington Street and Van
or pedestrian circulation; and
e utilities using the alley right of way;
the entire bl k except for the MidAmerican Energy parcel,
drive; and
ip of the ey and it will continue to function as a service and
,is conv ed as a part of conveyance of adjacent property to
BY%THE CITY COUNCIL OF THE CITY OF IOWA CITY,
5C
SECTION I VACATION. The City of I wa Ci hereby vacates that portion of public right-of-way
described as follows:
The Western 160 feet of the 20 oot wide alley ht of way in Block 43, City of Iowa City
SECTION II. REPEALER. All dinances and parts f ordinances in conflict with the provisions of
this Ordinance are hereby repeale .
SECTION III. SEVERABILITY If any section, provision part of the Ordinance shall be adjudged to
be invalid or unconstitutional, s h adjudication shall not affe t the validity of the Ordinance as a whole
or any section, provision or pa thereof not adjudged invalid or nconstitutional.
SECTION IV. EFFECTIV DATE. This Ordinance shall be effect after its final passage, approval
and publication, as provided)5y law.
MAYOR
{
r'
r
ATTEST:
CITY CLERK
,F
Approved by
Ja4.9�_
City Attorney's Office�-
3 ;
STAFF REPORT
To: Planning and Zoning Commission
Item: VAC15-00001
Western 160 feet of alley in Block 43
GENERAL INFORMATION:
Applicant:
Contact Person:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Comprehensive Plan:
File Date:
BACKGROUND INFORMATION:
Prepared by: John Yapp
Date: May 21, 2015
City of Iowa City
410 E Washington St
Iowa City, IA 52240
John Yapp
319-256-5252
Alley right-of-way vacation
To allow vacated alley right of way to be modified in
conjunction with potential development of adjacent
property.
The western 160 feet of alley right of way in Block
43, City of Iowa City (the block bounded by College
St, Gilbert St, Washington St and Van Buren St)
20'x 160' (approximately 3,200 square feet)
Access drive; Public (P-1)
North: Park / open space; P-1
South: Parking, storage, and utility substation; P-1
and CB -5
East: Parking facility; P-1
West: Gilbert St and Mixed -Use; CB -10
Border between general commercial and public in
the IC2030 Comprehensive Plan land use map
May 14, 2015
The City of Iowa City is applying for a vacation of the western 160 feet of alley right of way in Block 43,
City of Iowa City (see attached map). The intent of the vacation is to lift the right-of-way designation
from the alley, to allow it to be modified or developed in conjunction with the proposed redevelopment of
the Northeast corner of College St / Gilbert St.
2
ANALYSIS:
The following factors are to be considered in evaluating a vacation request:
a) Impact on pedestrian and vehicular access and circulation;
b) Impact on emergency and utility vehicle access and circulation;
c) Impact on access of adjacent private properties;
d) Desirability of right-of-way for access or circulation needs;
e) Location of utilities and other easements or restrictions on the property;
f) Any other relevant factors pertaining to the specific requested vacation.
a) Vehicular and pedestrian circulation and access to private property:
The alley currently functions as an access drive to City of Iowa City property, and the MidAmerican
substation property on the south side of the alley, west of the Swan Parking Facility. The alley
currently dead -ends at the west side of the Swan Parking Facility, and is not used for general traffic
or pedestrian circulation.
An easement will be established for continued access to the MidAmerican Energy substation.
b) Emergency and utility and service access:
While the City is proposing to lift the right of way designation through the vacation process, the City
will retain ownership of the access drive and will establish utility easements for any utilities in the
alley. Public utilities in the alley include sanitary sewer and storm sewer. Staff has contacted private
utility companies for their easement needs.
Regarding emergency service vehicle access, the alley currently provides access to the rear of the
existing structures at the Northeast corner of College St / Gilbert St. The City intends to retain
ownership of the alley property and have it continue to function as an access drive unless and until
the properties at the Northeast corner of College St and Gilbert St redevelop, at which point the alley
may be modified.
c) Impact on access of adjacent private properties
The only property the alley provides access to (besides public property) is the MidAmerican Energy
substation property. The City will retain easements for MidAmerican Energy utilities and access
unless and until the MidAmerican Energy property is sold to a private party and the substation is
removed.
d) Desirability of right of way for access or circulation needs
The primary function of the alley is as a service access for City vehicles. MidAmerican Energy
vehicles primarily use the north -south paved drive along the west side of the Swan Parking Facility for
access. The right of way designation is not necessary for the alley to continue to function as a
service vehicle access drive. It would function consistent to other access drives to public and semi-
public properties, most of which are not designated right of way.
3
e) Location of utilities and other easements or restrictions on the property
As noted, public utilities in the alley include sanitary sewer and storm sewer. Letters have been sent to
private utility providers to determine their easement needs.
f) Any other relevant factors pertaining to the specific requested vacation
The alley in Block 43 is a vestige of when multiple private properties used the alley for access. Since
construction of the Swan Parking facility (which resulted in the alley being terminated mid -block) and
City ownership of the properties at the Northeast corner of College St and Gilbert St, the alley is only
used as an access drive for service vehicles. With an easement for MidAmerican Energy access to the
substation property and utility easements for other utilities, the right of way may be vacated and the alley
may continue to function as an access drive similar to other access drives in the community.
The City is pursuing the redevelopment of the properties at the Northeast corner of College St / Gilbert
St, and the alley may be modified as a part of this redevelopment. At that time, utility needs will be
reevaluated as a part of the development design process. Unless and until a redevelopment project is
approved for the corner of College St / Gilbert St, the land currently occupied by alley right of way will
continue to function as an access drive and utility easements.
STAFF RECOMMENDATION: Staff recommends approval of VAC15-00001 a vacation of the western
160 feet of the alley right of way in Block 43, City of Iowa City, subject to retention / creation of all
necessary utility and utility access easements.
ATTACHMENTS:
1. Location maps
Approved by.
Doug othro , irector
Department of ighborhood and Develo ment Services
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Prepared by: John Yapp, Dev. Srvcs. Coor., 410 E. Washington Street, Iowa
ORDINANCE NO.
ORDINANCE VACATING PORTIONS OF PUBLIC
BLOCK 43, CITY OF IOWA CITY (VAC15-00001)
WHEREAS, the City of Iowa City has initiated an
alley right-of-way in Block 43, City of Iowa City, and
DRAFT
52240; 319-356-5252 (VAC15-00001)
RIGHT-OF-WAY LOCATED IN
to vacate the western 160 feet of
WHEREAS, Block 43 is bounded by College Street, Gilbert Street, Washington Street and Van
Buren Street, and /
WHEREAS, The alley right of is not used fo general traffic or pedestrian circulation; and
WHEREAS, Utility easements will a maintai ed for any private utilities using the alley right of
way; and
WHEREAS, The City will retain owners ' f the alley and it will continue to function as a service
and City vehicle access drive unless and unti it
is conveyed as a part of conveyance of adjacent
property to be approved by the City.
NOW, THEREFORE, BE IT ORDAINED PfY THE
IOWA: /
SECTION I VACATION. The Cityo� Iowa City
described as follows: /
COUNCIL OF THE CITY OF IOWA CITY,
vacates that portion of public right-of-way
The Western 160 feet of the /0 -foot wide alley right of Ay in Block 43, City of Iowa City
SECTION II. REPEALER. II ordinances and parts of ordinan es in conflict with the provisions of
this Ordinance are hereby repe led.
SECTION III. SEVERABI If any section, provision or part of t Ordinance shall be adjudged to
be invalid or unconstitutiona such an
shall not affect the vali 'ty of the Ordinance as a whole
or any section, provision or art thereof not adjudged invalid or unconstitu 'onal.
SFr:TION IV FFFFC IVE DATE. This Ordinance shall be in effect a r its final passage, approval
and publication, as pr ovi ed by law.
\
0
C—^
S
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office
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Planning and Zoning Commission
May 21, 2015 — Formal Meeting
Page 23 of 25
Theobald said that perhaps one-time events should be allowed, there being a permit process for
a one-time event but not nightly.
Fruin said the reason Staff liked the special exemption process was because it allows the Board
of Adjustment to have this very conversation and say for each situation whether the amplified
sound was appropriate or not.
Eastham withdrew his motion, Theobald withdrew the second.
Eastham moved that the Commission defer the consideration of the code amendment to
Title 14, Zoning to add a definition for "rooftop service areas" and establish standards
for such uses until the next meeting.
Hench seconded.
A vote was taken and the motion carried 7-0.
Eastham left the meeting room.
VACATION ITEM (VAC15-00001):
Discussion of an application by the City of Iowa City for a vacation of the western 160 feet of
alley right of way in the block bounded by College Street, Gilbert Street, Washington Street and
Van Buren Street (Block 43, City of Iowa City).
Miklo stated that Staff is recommending approval of this vacation and would be happy to answer
any questions.
Freerks opened the public hearing.
Hearing none, Freerks closed the public hearing.
Hench moved to approve VAC15-00001 an application by the City of Iowa City for a
vacation of the western 160 feet of alley right of way in the block bounded by College
Street, Gilbert Street, Washington Street and Van Buren Street (Block 43, City of Iowa
City).
Martin seconded the motion.
A vote was taken and the motion carried 6-0 (Eastham was not present for the vote).
Eastham rejoined the meeting.
COUNTY ITEM (CZ15-00001):
Discussion of an application submitted by Nicholas & Kay Colangelo for rezoning of
28.04 acres located at 3022 Newport Road NE. from A -Agricultural to R -Residential and
Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ15-00005)
ORDINANCE NO. 15-4622
AN ORDINANCE CONDITIONALLY REZONING 3.34 ACRES OF PROPERTY LOCATED SOUTH OF
COURT STREET, WEST OF TAFT AVENUE FROM NEIGHBORHOOD COMMERCIAL (CN -1) TO LOW
DENSITY MULTI -FAMILY (RM -12). (REZ15-00005)
WHEREAS, the applicant, Arlington LC, has requested a rezoning of property located south of Court
Street, west of Taft Avenue from Neighborhood Commercial (CN -1) Zone to Low Density Multi -Family
Residential (RM -12); and
WHEREAS, the Southeast District Plan, as amended, indicates that the subject property should be
developed with a mix of duplex, townhouse and low density multi -family dwellings at a development density
of 8-13 dwelling units/acre with dwelling units oriented toward the town square park and toward Court Street,
Taft Avenue, and Huntington Drive with parking located central to the lot and behind the buildings and
screened to provide an attractive residential character to the streetscape; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined
that it complies with the Comprehensive Plan, provided the property is developed in substantial compliance
with the submitted site plan, building types, and building elevations, and the design review committee reviews
and approves the retaining wall design and a landscaping plan to soften views of and reduce the perceived
height of the retaining wall and to screen parking areas from public view; 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 applicant/owner has agreed that the property shall be developed in accordance with the
terms and conditions of the Conditional Zoning Agreement attached hereto, to satisfy public needs caused by
the requested development 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 Neighborhood
Commercial (CN -1) to Low Density Multi -Family Residential (RM -12):
LEGAL DESCRIPTION
LOT 1 OF WINDSOR RIDGE - PART TWENTY TWO, IOWA CITY, IOWA, IN ACCORDANCE WITH
THE PLAT THEREOF RECORDED IN PLAT BOOK 55, AT PAGE 346, IN THE RECORDS OF THE
JOHNSON COUNTY RECORDER'S OFFICEM CONTAINING 3.34 ACRES, AND SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD.
SECTION 11. 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.
Ordinance No. 15-4622
Page 2
Passed and approved this 2nd day of June , 2015.
ATTEST:
CI CLERK
Approved by
City Attorneys Office
Ordinance No. 15-4622
Page 3
It was moved by Mims and seconded by Botchway that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Botchway
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
First Consideration 05/19/15
Voteforpassage: AYES:Dobyns, Hayek, Mims, Payne, Throgmorton,
Botchway, Dickens. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published 06/11/15
Moved by Mims, seconded by Throgmorton, 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.
Prepared by: Karen Howard, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZ15-00005)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), Arlington Development, Inc. (hereinafter "Owner").
WHEREAS, Owner is the legal title holder of approximately 3.34 acres of property
located on Court Street between Huntington Drive and Taft Avenue in Iowa City; and
WHEREAS, the Applicant has requested the rezoning of said property from
Neighborhood Commercial (CN -1) to Low Density Multi -Family Residential (RM -12); and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions to ensure that there is an appropriate mix of low to medium density housing types
oriented toward the town square park and surrounding streets with parking behind buildings and
screened from view to ensure harmony and compatibility with the surrounding neighborhood as
illustrated in the submitted site plan, building types, and building elevations; and that any
retaining walls located along the street are attractively designed and landscaped, the requested
rezoning is consistent with the Comprehensive Plan, as amended; 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, certain conditions and restrictions are reasonable to ensure the
development of the property is consistent with the Comprehensive Plan and the need for a safe,
attractive, and comfortable environment for residential living and pedestrian activity along public
streets.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. Arlington Development, Inc. is the legal title holder of the property legally described as
follows: LOT 1 OF WINDSOR RIDGE — PART TWENTY TWO, IOWA CITY, IOWA, IN
ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 55, AT
PAGE 346, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE
CONTAINING 3.34 ACRES, AND 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, including the Southeast District Plan, as amended, and the
Owner intends to comply therewith. Further, the parties acknowledge that 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 the existing regulations, in
order to satisfy public needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, Owner and Applicant agree
that development of the subject property will conform to all requirements of the zoning
chapter, as well as the following conditions to be satisfied upon redevelopment of the
1 of 3
property:
a) Substantial compliance with the submitted site plan, building types, and building
elevations (attached hereto and incorporated herein); and
b) Design Review approval of the retaining wall design and a landscaping plan to soften
views of and reduce the perceived height of the retaining wall(s) and to screen parking
areas from public view.
4. Upon completion of the items specified in paragraph 3 above, the City shall promptly
issue to the Owner a good and sufficient Release so that this Conditional Zoning
Agreement will not constitute a cloud on the title to the property. The City reserves the
right to enforce City ordinances that apply to the property.
5. 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.
6. In the event the subject property is transferred, sold, redeveloped, or subdivided, all
development will conform with the terms of this Conditional Zoning Agreement.
7. 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.
8. This agreement shall inure to the benefit of and bind all successors, representatives, and
assigns of the parties.
9. 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.
10. 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 2nd day of June
CITY OF IOWA CITY
/k0;a--
Matthew J. Hayek, Mayor
Attest:
Maria—h K. Karr, City Clerk
2015.
*VV
:Oington Development, Inc.
2 of 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 � u-A-4*—� t)' , 2015 by Matthew J.
Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City.
&, 6-!_ K '/,41,
Notary Public in and for the State of Iowa
(Stamp or Seal)
tieg'� s KELLIE K. TUTTLE
Title (and Rank) 2 , , Commission Number 221819
my Comissi Expires
IU'NTm
My commission expires:
ARLINGTON DEVELOPMENT, INC. ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on ►M2y I �- k , 2015
by Jb�'^ U-1)• I"i°vdQrA J'P• (Name(s) of individual(s) as
P��sl ate+ (type of authority, such as officer or trustee) of
of Arlington Development, Inc.
SHERRI 1. NOVAK
4^Xt Commission Number 759
My Commission Expire,
iow� -------------
'�'fk
.ter„
SHERRI l NOVAK
Commission Number 759307
My C IMon Expires
Notary Public in and for sai'd County and State
(Stamp or Seal)
Title (and Rank)
My commission expires: %jZ911 S
3of3
5d
Marian Karr NOR.
From:
John Moreland <john-arlington@gwestoffice.net>
Sent:
Friday, May 22, 2015 6:17 AM
To:
Marian Karr
Cc:
'Duane Musser'
Subject:
Rezoning
Hi Marian,
I would like to ask the council to do the 2nd and 3rd votes at their next meeting. I would like to start construction
as soon as possible. I
Think that meeting is June 2nd
Thanks, John Moreland
Prepared by: Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5040.
ORDINANCE NO 15-4623
ORDINANCE AMENDING CITY CODE TITLE 1, ENTITLED "ADMINISTRATION,"
CHAPTER 5, ENTITLED "MAYOR AND CITY COUNCIL, TO CHANGE THE REVIEW
PROCESS FOR CITY COUNCIL MEMBERS AND THE MAYOR.
SECTION I. PURPOSE. The purpose of this ordinance is to establish a policy
for further review of City Council compensation for the City of Iowa City, Iowa.
Section 11. AMENDMENT. Repealing Section 1-5-3(C) in its entirety and
adding a new section to read as follows:
C. Adjustment. Staff will adjust City Council compensation based on an annual
adjustment for inflation. The annual adjustment for inflation will be equivalent to
the cumulative annual percent change in the Consumer Price Index (CPI) - A I I
U r b a n C o n s u m e r s (CPI -U), Midwest Region, All Items, using the third
quarter ending September 30 of the prior year and September 30 of the current
year. The calculated amount will be included in the annual budget for
review by the City Council in each regular election year in accordance with
State Code.
SECTION III. REPEALER. All other ordinances and parts of ordinances in conflict
with the provisions of this Ordinance are hereby repealed.
SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinances
shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the
validity of the Ordinance as a whole or any section provision or part thereof not adjudged
invalid or unconstitutional.
SECTION V. EFFECTIVE DATE. This ordinance shall be in effective on January 1,
2016.
Passed and approved this 2nd day of June, 2015.
2 ;AT
•
ATTEST:e.�+-a�
CITY -CLERK
City Attorney's Office
S:councilsalary.doc
8
Ordinance No. 15-4623
Page 2
It was moved by Mims and seconded by Botchway that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Botchway
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
First Consideration 05/19/2015
Vote for passage$ AYES: Throgmorton, Botchway, Dickens, Dobyns,
Hayek, Mims. NAYS: None. ABSENT: Payne.
Second Consideration -
Vote for passage:
Date published 06/11/2015
Moved by Mims, seconded by Botchway, 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.
Prepared by: Marian K. Karr, City Clerk, 410 E Washington St, Iowa City, IA 52240 (319-356-5041)
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 8, POLICE REGULATIONS, CHAPTER 8, CITIZENS
POLICE REVIEW BOARD TO RENAME THE BOARD TO COMMUNITY POLICE REVIEW
BOARD AND REMOVE OR REPLACE THE WORD "CITIZEN" IN ACCORDANCE WITH
RECENT CHANGES TO THE CITY CHARTER.
WHEREAS, the City Council adopted Ordinance 97-3792 in 1997 which created the Police
Citizens Review Board ("PCRB") to assure that investigations into claims of police misconduct
are conducted in a manner which is fair, thorough, and accurate; and
WHEREAS, the PCRB was designed to assist the Police Chief, the City Manager and the City
Council in evaluating the overall performance of the Police Department as a whole, by having a
review process for Police Department investigations into complaints; and
WHEREAS, the PCRB was renamed the "Citizens Police Review Board" ("CPRB") in 2013 at
the request of the Board and the Ad Hoc Diversity Committee; and
WHEREAS, the Charter Review Commission reviewed the Charter and suggested changing the
name to the "Community Police Review Board" ("CPRB') and removed references to "citizens";
and
WHEREAS, the City Council adopted Ordinance 15-4621 approving the Charter Review
Commission recommendations on May 19, 2015.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as
follows:
A. Amending Section 8-8-1, "Creation of Police Citizens Review Board" by deleting said
section in its entirety and substituting the following in -lieu -thereof:
8-8-1: Creation of Community Police Review Board: As permitted under Iowa's
home rule authority and as required by the city's home rule charter, the city
creates the community police review board (hereinafter "board"), subject to the
duties and limited powers set forth herein.
B. Amending Chapter 8, "Citizens Police Review Board", by replacing "Citizens Police
Review Board" with "Community Police Review Board" wherever it appears in said
Chapter.
C. Amending Section 8-8-2, "Intent, Goals and Guiding Principles:" subsection C, by
removing the word "Citizens" and replacing it with the word "Persons".
D. Amending Section 8-8-2, "Intent, Goals and Guiding Principles:" subsection O, by
removing the word "citizens".
E. Amending Section 8-8-7, "Duties of the Board; Complaint Review and General
Duties:" subsection C(3), by removing the word "citizens".
SECTION Il. REPEALER. All ordinances and parts of ordinances in conflict with the provisions
of this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,
approval and publication.
Passed and approved this day of , 2015.
MAYOR
ATTEST: --"ved by -
CITY CLERK
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 06/02/2015
Vote for passage: AYES: Mims, Throgmorton, Botchway, Dickens,
Dobyns, Hayek. NAYS: None. ABSENT: Payne.
Second Consideration _
Vote for passage:
Date published