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Home My WebLink About2016-07-19 OrdinancePrepared by: Sara Hektoen, Assistant City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 5a (VAC15-00007) ORDINANCE NO. ORDINANCE VACATING COTTONWOOD AVENUE EAST OF YEWELL STREET (VAC16-00001) WHEREAS, the applicants, Judith and Laura Crossett, have requested that the City vacate and convey to them that portion of the Cottonwood Avenue public right-of-way between 1402 Yewell Street and 1502 Yewell Street, approximately 7,441 square feet; and WHERAS, this request has been made to facilitate construction of an addition to the property at 1420 Yewell Street; and WHEREAS, this portion of the Cottonwood Avenue right-of-way is not currently utilized by the public for access or circulation and no public water and sanitary sewer utilities exist on this portion of the right-of- way; and WHEREAS, MidAmerican Energy Company does have an electric utility over the southerly forty feet of the area to be vacated, which they desire to retain; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed vacation of the portion of Cottonwood Avenue right-of-way east of Yewell Street and has recommended approval of the application subject to a shared access easement and necessary utility easements, as may be applicable and necessary. 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 subject an electric utility easement over the southerly 40 feet thereof: THAT PORTION OF COTTONWOOD AVENUE LOCATED EAST OF YEWELL STREET BETWEEN LOTS 77 AND 78, KIRKWOOD HEIGHTS ADDITION TO IOWA CITY, IOWA, AS SHOWN IN PLAT BOOK 3, PAGE 137 IN THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE. 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 All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.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. Passed and approved this ATTEST: CITY CLERK day of MAYOR: Approved by: 20_ City Attorney's Attorney's Office /7/-7/)40 Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 07/19/2016 Vote for passage: AYES: Cole, Dickens, Mims, Taylor, Thomas, Throgmorton. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published that the Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 3565030 ORDINANCE NO, 16-4669 ORDINANCE AMENDING TITLE 17, ENTITLED "BUILDING AND HOUSING," CHAPTER 5, ENTITLED "HOUSING CODE," TO EXCLUDE CRIME VICTIMS FROM RENTAL PERMIT SANCTIONS. WHEREAS, Section 17-5-16C provides for rental permit sanctions if the tenant or owner commits certain crimes on the rental property and/or fails to address repeated nuisances; WHEREAS, the Governor recently signed HF 493 that goes into effect on July 1, 2016, which prohibits cities from imposing a penalty on a tenant who summons law enforcement or other emergency assistance; WHEREAS, although no provision in the City Code penalizes a tenant for summoning law enforcement, the rental permit sanction provision arguably impacts a tenant or owner who is a victim of a crime committed in the rental unit; and WHEREAS, it is in the best interest of the City to adopt this amendment to exclude victims of crimes from rental permit sanctions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 16, entitled, "Certificate of Structure Compliance and Rental Permit" is hereby amended by adding the following new Subsection C(12): Notwithstanding any other provision herein, the rental permit sanctions are inapplicable to victims of abuse or crime as provided in HF 493 (2016) to be codified at Section 562A.27B of the Iowa Code 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 d approv d��th�1�1 d y ofJuly 2016. �_ MA OR ATTEST: CITY CCERK Approved by V City Attorney's Office Ordinance No. 16-4669 Page 2 It was moved by Dickens and seconded by_ Ordinance as read be adopted, and upon roll call there were: AYES NAYS: ABSENT: ABSTAIN: First Consideration _ Vote for passage: Throgmorton. 06/21/2016 Mims that the Botchway Cole Dickens Mims Taylor Thomas Throgmorton AYES: Botchway, Cole, Dickens, Taylor, Thomas, NAYS: None. ABSENT: Mims. Second Consideration 07/05/2016 Voteforpassage: AYES: Dickens, Mims, Taylor, Thomas, Throgmorton, Cole. NAYS: None. ABSENT: Botchway. Date published 07/28/2016 F7 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. 16-4670 ORDINANCE AMENDING TITLE 17, ENTITLED "BUILDING AND HOUSING," CHAPTER 5, ENTITLED "HOUSING CODE," TO REQUIRE THAT THE INFORMATIONAL DISCLOSURE AND ACKNOWLEDGMENT FORM NOTIFY TENANTS OF THE AVAILABILITY OF A MAP SHOWING WHETHER A RENTAL UNIT IS LOCATED IN A FLOOD PLAIN. WHEREAS, the purpose of the Informational Disclosure and Acknowledgement Form is to apprise tenants of certain information about leasing in general as well information on the unit specifically, such as its maximum occupancy and available parking; WHEREAS, when the City has experienced flooding, tenants are often prevented from accessing their units even though the unit itself is not damaged; WHEREAS, it is in the best interest of the City to require that the Informational Disclosure and Acknowledgment Form notify tenants of the availability of a map showing whether the rental unit is located is within the flood plain. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 14, entitled, "Informational Disclosure and Acknowledgement Form" is hereby amended by adding the following new Subsection M: Notification of the availability of a map showing whether the unit is in a flood plain and a link to the map. 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 approv d th' 1-9�h day of July 2016. MAKIOR _ ATTEST: Approved by C CITY CLERK City Attorney's Office Ordinance No. 16-4670 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: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 07/05/2016 Voteforpassage: AYES: Mims, Taylor, Thomas, Throgmorton, Cole, Dickens. NAYS: None. ABSENT: Botchway. Second Consideration _ Vote for passage: Date published 07/28/2016 Moved by Mims, seconded by Dickens, 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: Botchway, Cole, Dickens, Mims, Taylor, Thomas, Throgmorton. NAYS: None. ABSENT: None.