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HomeMy WebLinkAbout2010-07-12 Ordinancern~ , i .~ '„~. Prepared by: Jacob Rosenberg, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5231 (REZ10-00008) ORDINANCE NO. 10-4396 ORDINANCE REZONING APPROXIMATELY 24.35 ACRES LOCATED WEST OF MORMON TREK BOULEVARD, SOUTH OF HIGHWAY 1, AND ADJACENT TO CITY VIEW DRIVE FROM HIGHWAY COMMERCIAL (CH-1) TO INTENSIVE COMMERCIAL (CI-1 ). (REZ10-00008) WHEREAS, the applicant, Dealer Properties IC, LLC, has requested a rezoning of property located west of Mormon Trek Blvd, south of Highway 1, and adjacent to City View Drive from Highway Commercial (CI- 1) to Intensive Commercial (CI-1 ); and WHEREAS, the Comprehensive Plan indicates that the area is appropriate for intensive commercial development; and WHEREAS, the Comprehensive Plan designates this area as an entryway to the City where aesthetic considerations are important; and WHEREAS, the Comprehensive Plan indicates that the area may be appropriate for Intensive Commercial development provided that any developments are designed to be an attractive entryway to the City and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding landscaping, buffering, and building and site design standards, the requested CI-1 zoning will be in conformance with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2009) 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 Highway Commercial to Intensive Commercial: LEGAL DESCRIPTION LOTS 1, 2, 3, 4, 5, 6, 7, 8 AND OUTLOT "B" OF JJR DAVIS ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 47, AT PAGE 165, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, EXCEPTING THEREFROM THAT PORTION OF LAND DESCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF OUTLOT "A" OF SAID JJR DAVIS ADDITION; THENCE N11°39'22"W, ALONG THE WEST LINE OF SAID JJR DAVIS ADDITION, 150.51 FEET; THENCE S74°45'31"E, 38.08 FEET; THENCE N64°08'29"E, 32.48 FEET; THENCE S86°19'59"E, 87.40 FEET; THENCE S40°09'06"E, 44.90 FEET; THENCE N84°34'11"E, 128.33 FEET; THENCE S68°12'39"E, 36.91 FEET; THENCE S25°28'38"E, 53.26 FEET; THENCE S65°27'42"E, 189.91 FEET; THENCE S01°54'37"E, 57.76 FEET; THENCE S80°50'36"E, 88.06 FEET; THENCE S63°24'54"E, 76.31 FEET, TO A POINT ON THE SOUTH LINE OF SAID JJR DAVIS ADDITION; THENCE S89 58'36 W, ALONG SAID SOUTH LINE, 237.63 FEET, TO ITS INTERSECTION WITH THE EAST LINE OF OUTLOT "A" OF SAID JJR ° ~~ DAVIS ADDITION; THENCE N12 32'55 W, ALONG SAID EAST LINE, 89.37 FEET; THENCE N56°41'28"W, ALONG THE NORTHEASTERLY LINE OF SAID OUTLOT "A", 174.59 FEET; THENCE S77°07'17W, ALONG THE NORTH LINE OF SAID OUTLOT "A", 270.39 FEET, TO SAID POINT OF BEGINNING, Ordinance No. i 0-4396 Page 2 SAID RESULTANT TRACT OF LAND CONTAINS 24.35 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS AND RECORD. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 12th day of July , 2010 ~~ ~ A MAYOR ATTEST: ~' C CLERK a~pprovedby L\ ~ l ~ r,~- I~~~: ~tiv~~t,~-7~ ~ ~ ~~ ~--~ City Attorney's Office I I ~ I I ~, Ordinance No. i 0-4396 Page 3 It was moved by Wilburn and seconded by Mims that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey -~_ Champion x Dickens ~_ Hayek g Mims x Wilburn _~- Wright First Consideration 6/15/2010 Vote for passage: AYES: Champion, Dickens, Hayek, Mims, Wilburn, Wright, Bailey. NAYS: None. ABSENT: None. Second Consideration -------------------- Vote for passage: Date published 7/21/2010 Moved by Wilburn, seconded by Champion, 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: Champion, Dickens, .Hayek, Mims, Wilburn, Wright, Bailey. NAYS: None. ABSENT: None. Prepared by: Jacob Rosenberg, PCD Intem, 410 E. Washington, Iowa City, IA 52240 (319)356-5240 (REZ10-00008) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"); ILJ Investments, Inc. (formerly Sneblen Farms, tnc.), James R. Davis, Robert A. Davis and Jan Ellen Smith (hereinafter collectively "Davis"); and Dealer Properties IC, LLC (hereinafter "Applicant"); WHEREAS, ILJ Investments, Inc., Davis' and Applicant are the legal title holder of approximately 24.35 acres of property located west of Mormon Trek Boulevard, south of Highway 1 and east of Highway 218; and WHEREAS, the Applicant, with ILJ Investments, Inc.'s, and Davis' consents, has requested the rezoning of said property from Highway Commercial (CH-1) to Intensive Commercial (CI-1); and WHEREAS, the Comprehensive Plan designates this area as an entryway to the city where aesthetic considerations are important; and WHEREAS, the Comprehensive Plan indicates that the area may be appropriate for Intensive Commercial development provided that any developments are designed to be an attractive entryway to the City; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding landscaping, buffering, and building and site design standards, the requested CI-1 zoning will be in conformance with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2009) provides that the 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, ILJ Investments, Inc., Davis and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan; and WHEREAS, ILJ Investments, Inc., Davis and Applicant agree to develop this property in accordance with the terms and conditions of this Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. ILJ Investments, Inc. is the legal title holder of Lots 2 and 3, ;Davis is the legal title holder of Lots 4-8 and Outlot B; and Dealer Properties IC LLC, is the legal title holder of Lot 1, all in the JJR Davis Addition, Iowa City, Johnson County, Iowa, in accordance with the plat thereof Recorded in Plat Book 47, at Page 165, in the records of the Johnson County Recorder's Office. 2. The following "subject property" is now zoned Intensive Commercial (CI-1), subject to the conditions stated herein: ppdadmlagt/cza finalclean.doc LOTS 1, 2, 3, 4, 5, 6, 7, 8 AND OUTLOT "B" OF JJR DAVIS ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 47, AT PAGE 165, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, EXCEPTING THEREFROM THAT PORTION OF LAND DESCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF OUTLOT "A" OF SAID JJR DAVIS ADDITION; THENCE N11 °39'22"W, ALONG THE WEST LINE OF SAID JJR DAVIS ADDITION, 150.51 FEET; THENCE S74°45'31"E, 38.08 FEET; THENCE N64°08'29"E, 32.48 FEET; THENCE S86°19'59"E, 87.40 FEET; THENCE S40°09'06"E, 44.90 FEET; THENCE N84°34'11"E, 128.33 FEET; THENCE S68°12'39"E, 36.91 FEET; THENCE S25°28'38"E, 53.26 FEET; THENCE S65°27'42"E, 189.91 FEET; THENCE S01 °54'37"E, 57.76 FEET; THENCE S80°50'36"E, 88.06 FEET; THENCE S63°24'54"E, 76.31 FEET, TO A POINT ON THE SOUTH LINE OF SAID JJR DAVIS ADDITION; THENCE S89°58'36"W, ALONG SAID SOUTH LINE, 237.63 FEET, TO ITS INTERSECTION WITH THE EAST LINE OF OUTLOT "A" OF SAID JJR DAVIS ADDITION; THENCE N12°32'55"W, ALONG SAID EAST LINE, 89.37 FEET; THENCE N56°41'28"W, ALONG THE NORTHEASTERLY LINE OF SAID OUTLOT "A", 174.59 FEET; THENCE S77°07'17W, ALONG THE NORTH LINE OF SAID OUTLOT "A", 270.39 FEET, TO SAID POINT OF BEGINNING, SAID RESULTANT TRACT OF LAND CONTAINS 24.35 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS AND RECORD. 3. ILJ Investments, Inc., Davis and Applicant acknowledge that the City wishes to ensure conformance with the principles of the Comprehensive Plan and South Central District Plan. Further, the parties acknowledge that Iowa Code §414.5 (2009) 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. 4. In consideration of the City's rezoning the subject property, ILJ Investments, Inc., Davis and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: A. Prior to development of each lot legally described above a landscape plan that provides for the landscaping of parking areas and display areas shall be approved by the Director of Planning and Community Development. B. Prior to construction of any building within the land hereby rezoned, building elevations shall be approved by the Director of Planning and Community Development. C. A 20-foot wide buffer landscaped to the S3 standard, as defined by the Iowa City Zoning Code, and including a mix of evergreen and deciduous trees planted to the specifications of the City Forester, shall be installed and maintained along the western and southern edge of the development that is visible from Highway 218 and the residential properties to the south. D. Loading docks and receiving areas, garbage dumpsters, outdoor storage areas, ppdadm/agf/cza final-dean.doc 2 mechanical equipment and other service areas and functions typically associated with the rear of buildings shall not be located in front of or along any building wall facing Mormon Trek Boulevard or Highway 1. When located elsewhere on a lot and visible from Mormon Trek Boulevard, Highway 1 or Highway 218, these items shall be screened from view with landscaping or a combination of fencing and landscaping to the S3 standard. E. Landscaping that meets the S2 standard and that shall include ornamental trees shall be planted adjacent to Highway 1 and Mormon Trek Boulevard. F. All building elevations visible from Mormon Trek Boulevard, Highway 1 and Highway 218 shall consist of quality building materials, such as brick, masonry, stone, textured concrete masonry units, display windows, architectural metals or other materials used for decorative treatment. Architectural metals may include aluminum, stainless steel, copper or enamel panels with concealed fasteners and other similar exterior treatments but does not include corrugated metal siding. Alternative buildings materials may be substituted if the Director of Planning and Community Development determines that the use of such other materials satisfies the intent of this agreement. Rooftop mechanical equipment shall be screened if visible from Highway 218 or Mormon Trek Boulevard. 5. The ILJ Investments, Inc., Davis, Applicant, and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2009), and that said conditions satisfy public needs that are caused by the requested zoning change. 6. ILJ Investments, Inc., Davis, Applicant, and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform to the terms of this Conditional Zoning Agreement. 7. 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. 8. ILJ Investments, Inc., Davis, and The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 9. 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 Applicant's expense. ppdadmlagtlcza final-clean.doc 3 Dated this /~ day of ~~g , 20~. CITY OF IOWA CITY ILJ Investments, Inc. gy. ~ ~i'cs•'cl<.~~ Matthew J. Hayek, Mayor ,title Attest: ~~ ~ ~ Marian .Karr, City Clerk By: ,title Dealer Pr ies, l~ title Ap roved by: (, ~ ~' ~%~ ~ ~ (~~ ~ By: City Attorney's OfFce ~ ~ ;~ ~ Davis JaM -R--o+-bye-"rt=A. Davis -~~.~.~~ Patti Davis, Spouse_ ~, _ I~w title ppdadm/agUcza final.doc 4 Barbara Davis, Spouse CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) On this r~ ~ day of ~ ~ ,~, A.D. 20 I ~ ,before rne, the undersigned, a notary public in and for tKe' State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ,JS.~ is SONDRAE FORT Sic-I•~?~-a ~~~ z° ~~ Commission Number 159791 Notary Public in and for the State of Iowa My Commis ion Expires . iow 3 as«- My commission expires: 3~~/aoi~ ppdadm/agt/cza final.doc .5 ILJ INVESTMENTS, INC. ACKNOWLEDGEMENTS: STATE OF IOWA ) `Je+r.~~ COUNTY ~ ss: This instrument was acknowledged before me on thi ~ day of ~ , 2010, by ~~~,G ~ ~c1sa~~~t~~~s' (name) as ~i~~`~~?.~ (title) of ILJ Investments, Inc. o,~'''<s I<RISTINE 1.1iAALBERG N tary Public in and for the State of Iowa Commission Number 707597 My Com fission F Aires ow STATE OF IOWA ) ss: JOHNSON COUNTY ) My commission expires: ~~~~' day of , 2010, by (title) of ILJ This instrument was acknowledged before me on this (name) as Investments, Inc. Notary Public in and for the State of Iowa My commission expires: DEALER PROPERTIES IC, L.L.C. ACKNOWLEDGEMENTS: STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this /s day of un.e , 2010, by uQu i d R. Br"/ 1, on _ (name) as ~,~.~~,~cf ~'Iem ~ ~ (title) of Dealer Properties IC, LLC. ~ C1IROLXN S. HUGGINS ~~ ^ ~ ~~ 95 ~,;~ COf"j~yp~ N ~~ 3 Notary Public in and for the ate of Iowa March 25, 2011 My commission expires: .3 - -2 S • / / STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this (name) as Properties IC, LLC. day of , 2010, by (title) of Dealer Notary Public in and for the State of Iowa My commission expires: ppdadmlagt/cza final.doc 6 ILJ INVESTMENTS, INC. ACKNOWLEDGEMENTS: ST TE OF IOWA ) ss: J~ COUNTY ) Thl instrument was acknowledged before me on this ~ day of y/1. si t.; , 201 ""' ~ (name) as r~~r`~~.~~' (title investments, Inc. / ~~ o~s KRI INE I. KAALBERG . Commis 'on Number 707597 My Co Ission Expires w STATE OF IOWA ) ss: JOHNSON COUNTY This instrument was ackn Investments, Inc. N tary Public in and for the Sta of Iowa My commission expires: ~ ~~~ ged before me on this _ (name) as ,Way of , 2010, by (title) of ILJ Notary ublic in and for the State of Iowa My mmission expires: DEALER PROPERTIES f , L.L.C. ACKNOWLEDGEMENTS: STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowle ed before me on thi /-S day of un¢ , 2010, by (name) as (title) of Dealer Properties IC, LLC. ~ S. H 81NS ~ ,.,~ ~ ~~ 3 Notary Public in an for the ate of Iowa • March 2011 My commission expire • -3 - -Z S • l STATE OF IOWA ) ss: JOHNSON COU ) This ins ment was acknowledged before me on this day of (name) as LLC. 2010, by title) of Dealer Notary Public in and for the State of My commission expires: PpdadTJapt/cza final.doc 6 DAVIS ACKNOWLEDGEMENTS: STATE OF Color~a O ) ss: QoJ\c~c~ COUNTY ) This instrument was acknowledged before me on this 11~'" day of Suns , 2010, by Jan Ellen Smith and Eric Smith, wife and husband. ,d.. n I~ Notary P lic in and forth tate of`iewer d c9 My commission expires: Jo? ~ 1 ~ ~o STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this Ja day of .~Y,~c , 2010, by Robert A. Davis and Patti Davis, .husband and wife. ~~ OO.IMIi~kX1 f~~'Rf1' U 7:9ti3Y • MNOoiNtr'x~i~tEur~rw ~ Notary Public in and for the State of Iowa iO~M~MIiI~ !3, 201 STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this ~.~day of T~.~G , 2010, by James R. Davis and Barbara Davis, husband and wife. Notary Public in and for the State of Iowa My commission expires: p $/~~ laoi~ ,ar y COl11~ RICE-~T ~Commisslon Number X42405 I• ow' My0 a/~~%2c tires ppdadMagUcza final.doc 7 6a Marian Karr From: Dave and Jackie Larsen [larsen@kctc.net] Sent: Friday, June 18, 2010 1:14 PM To: Marian Karr Cc: Dave Subject: combing 2nd and 3rd readings To whom it May Concern: We are requesting expedited action. Please combine the second and third reading of the Zoning Change from CH-1 to CI-1 concerning the 24.35 acres South of High way One and West of Mormon Trek, also known as JJR Davis Addition, Iowa City, Iowa. Please pass this letter on to the appropriate persons. Thank You David Larsen representing Dealer Properties IC, LLC. Please confirm acceptance of this letter and that this is adequate notification. 6/18/2010 Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. 10-4397 AN ORDINANCE AMENDING THE IOWA CITY ZONING CODE, SECTION 14-4E-8, NONCONFORMING DEVELOPMENT. WHEREAS, the City's zoning code establishes rules that guide the use and development of properties that are legally nonconforming due to a change in the zoning designation of a property or a change in the zoning regulations; and WHEREAS, it is the intent of the nonconforming provisions of the zoning code to guide future uses and development in a direction consistent with City policy, to protect the character of an area by reducing the potential negative impacts from nonconforming situations, and over time, to bring development into compliance with the City's regulations while also providing for flexibility and relief from the strict application of zoning provisions so that properties can continue in productive use over time; and WHEREAS, the provisions in Section 14-4E-8, Nonconforming Development, are intended to provide flexibility and in some cases relief from the current site development standards for nonconforming property as they redevelop, expand, or change uses over time; and WHEREAS, while recent changes to the zoning code brought the City's regulations in line with current accepted practice with regard to commercial site design, including screening and buffering parking areas, outdoor storage areas, and display lots from public sidewalks and neighboring properties, there are many older properties that are noncompliant with these new standards; and WHEREAS, it is necessary to provide more flexibility and relief in certain circumstances from the strict application of new site development standards that would not be feasible or practical or would unduly reduce the ability to use or re-use a property due to topography, location of existing buildings, or other site constraints. 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. Deleting Subsection 14-4E-8A, General Provisions, and substituting in lieu thereof: A. General Provisions Except as otherwise restricted, prohibited or allowed in this Article, a use or structure located on a lot that contains nonconforming development may be converted to a different use, enlarged or structurally altered, provided such change in use, enlargement or alteration does not increase or extend the nonconformity and provided nonconforming development is brought into compliance or closer into compliance according to the provisions of this Section. 2. When a use is proposed for a property that contains nonconforming development, but which property has been without any principal use for one year or more, the property must be brought into compliance with all applicable site development standards as set forth in the base zone and in Chapter 14-5. However, requirements or standards that would not be feasible or practical or would unduly reduce the ability to use or re-use the property due to topography, location of Ordinance No. 10-4397 Page 2 existing buildings, or other site constraints, may be modified or waived by minor modification. The City may also waive or modify by minor modification any standard that cannot be met due to a conflict with any other requirement of this Title. 3. When a use is proposed for a property where the principal building(s) have been demolished or destroyed, but that contains nonconforming development, such as parking lot paving, exterior lighting, signage, etc, the property must be brought into compliance with all applicable site development standards as set forth in the base zone and in Chapter 14-5. 4. For properties where a principal use is converted to a use in another use category or subgroup and the property is not in compliance with the following site development standards, it must be brought into compliance with said standards. However, if meeting these standards or requirements would not be feasible or practical or would unduly reduce the ability to use or re-use the property due to topography, location of existing buildings, or other site constraints, they may be modified or waived by minor modification. The City may also waive or modify by minor modification any of the following standards that cannot be met due to a conflict with any other requirement of this Title. a. Screening of existing parking, loading, outdoor storage and display areas along street-side lot lines according to the applicable screening standard; b. Screening of existing parking, loading, outdoor storage and display areas from the Iowa River or from any Parks and Open Space Use, including trails, according to the applicable screening standard; c. Street and residential tree requirements; and d. Bicycle parking requirements. 5. Any new site elements being constructed or established on the site, such as new exterior lighting, new parking areas, new outdoor storage or display areas, new signage, etc, must comply with current applicable standards. 6. Any nonconforming site elements that are being re-constructed or re-established must be brought into compliance with the current applicable standards. However, requirements or standards that would not be feasible or practical or would unduly reduce the ability to use or re-use the property due to topography, location of existing buildings, or other site constraints may be modified or waived by minor modification. The City may also waive or modify by minor modification any standard that cannot be met due to a conflict with any other requirement of this Title. B. Deleting paragraph 14-4E-8B-5 and substituting in lieu thereof: 5. Whenever a use or uses, which are located on a property that is nonconforming with regard to the provisions of Chapter 5, Article A, Off-Street Parking and Loading Standards, are enlarged one or more times, the sum total of which increases the total floor area on the property by 50 percent or more, the property must be brought into full compliance with the provisions of Article 14-5A, Parking and Loading Standards, and any applicable parking location and perimeter landscaping and screening requirements of the base zone, except as allowed in paragraph 1, above. However, requirements or standards that would not be feasible or practical or would unduly Ordinance No. 10-43 7 Page 3 reduce the ability to use the property due to topography, location of existing buildings, or other site constraints may be modified or waived by minor modification. The City may also waive or modify by minor modification any standard that cannot be met due to a conflict with any other requirement of this Title. C. Deleting paragraph 14-4E-8D-1 and substituting in lieu thereof: 1. Whenever a use or uses, which are located on a property that is nonconforming with regard to the screening, landscaping, and/or tree standards of this Title, are enlarged one or more times, the sum total of which increases the total floor area on the property by 25 percent or more, the property must be brought into full compliance with the following screening and landscaping requirements: a. Screening and landscaping of any outdoor storage, work, or display areas according to the provisions of the applicable base zone or as specified for a particular use in Article 14-4B; b. For Quick Vehicle Servicing Uses and Vehicle Repair Uses, all vehicular use areas must be screened from the public right-of-way to the S2 Standard and to the S3 Standard along any side or rear lot line that abuts a Residential Zone boundary; D. Deleting paragraph 14-4E-8D-2 and substituting in lieu thereof: 2. Whenever a use or uses, which are located on a property that is nonconforming with the Street Tree and Residential Tree requirements, are enlarged one or more times, the sum total of which increases the total floor area on the property by 25 percent or more, said property must be brought into full compliance with Street Tree and Residential Tree requirements contained in Article 14-5E, Landscaping and Tree Standards. E. Deleting paragraph 14-4E-8D-4 and substituting in lieu thereof: 4. The City may waive any landscaping or screening requirement that cannot be met due to a conflict with any other requirement of this Title. Requirements or standards that would not be feasible or practical or would unduly reduce the ability to use the property due to topography, location of existing buildings, or other site constraints may be modified or waived by minor modification. F. Deleting the introductory paragraph to Section 14-46-1, Minor Modifications, and substituting in lieu. thereof: 14-4B-1 Minor Modifications The Building Official or designee is empowered to grant minor modifications from certain standards specifically enumerated below. Minor modifications provide a mechanism by which the specified regulations may be modified or waived if the proposed development meets certain criteria and continues to meet the intended purpose of those regulations. Minor modification reviews provide flexibility for unusual situations applicable to the property, for which strict application of the regulations is impractical. The minor modifications listed below may be granted provided the approval criteria as set forth in subsection B, below, are met. The approval procedures for minor modifications are set forth in Article 14-8B of this Title, Administrative Approval Procedures. Ordinance No. ~ g_4'~97 Page 4 G. Amending subsection 14-4B-1A, by adding a paragraph 21, as follows: 21. Modifications or waivers of nonconforming development according to the provisions set forth in 14-4E-8, Regulation of Nonconforming Development. H. Deleting paragraph 14-4B-1 B-1 and substituting in lieu thereof: 1. Special circumstances apply to the property, such as size, shape, topography, location, surroundings, or characteristics, or pre-existing site development, which make it impractical to comply with the subject regulation or which warrant a modification and/or waiver of the subject regulation. SECTION I I. 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 Tuly , 2010. MAYOR ~~ ~' Approved by ATTEST: - ~t~ CITY C RK City Attorney's Office ~f ~' ~~~ Ordinance No. 10-4397 Page 5 It was moved by Bailey and seconded by Champion that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey ~ Champion _ x Dickens x Hayek x Mims x Wilburn x Wright First Consideration 6 / 15 / 2010 Vote for passage: AYES: Dickens, Hayek, Mims, Wilburn, Wright, Bailey, Champion. NAYS: None. ABSENT: None. Second Consideration -------------------- Vote for passage: Date published 7 / 21 / 20 ~ o Moved by Bailey, seconded by Champion, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Hayek, Mims, Wilburn, Wright, Bailey, Champion, Dickens. NAYS: None. ABSENT: None. M~ ~` Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. 10-4398 AN ORDINANCE AMENDING THE IOWA CITY ZONING CODE, ARTICLES 14-51, SENSITIVE LANDS AND FEATURES, AND 14-9E, SENSITIVE LANDS DEFINITIONS, TO REFINE THE DEFINITION OF A REGULATED STREAM CORRIDOR. WHEREAS, the intent of the City's Sensitive Areas Ordinance is to protect watercourses that provide real value for floodwater conveyance and storage and for protection and enhancement of valuable wildlife habitat that often exists along stream corridors; WHEREAS, the City relies on the blue lines drawn on the U.S. Geological Survey Quadrangle Maps to determine the location of streams to regulate under the Sensitive Areas Ordinance; and WHEREAS, these U.S. Geological Survey maps are a fairly reliable source for determining the suspected location of a stream or drainageway, however, field verification sometimes reveals a drainageway that does not have the physical and functional characteristics of an actual stream corridor according to definitions accepted by professional hydrologists; and WHEREAS, according to accepted scientific definitions, a drainageway is typically considered a stream if it has a bed and bank that is defined by an "ordinary high water mark"; and WHEREAS, refining the definition of stream corridors within the City's zoning code to more closely match accept scientific definitions, will provide the flexibility for developers to design storm water management systems that will provide appropriate drainage, conveyance and storage of storm water for an entire site without being tied to preservation of a "blue line" that does not provide any functional environmental value as a stream corridor; 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. Deleting paragraph 14-51-2B-2 and substituting in lieu thereof: 2. Stream Corridors a. Floodways designated on either the current federal emergency management agency flood boundary and floodway maps for Iowa City and Johnson County or the Iowa City (1 inch = 100 foot scale) flood boundary and floodway maps. b. A watercourse, such as a river, stream or drainageway, which is shown in blue (the blue line) on the most current U.S. Geological Survey Quadrangle Maps. In cases where no floodway is delineated, the blue line will serve as the center line within a 30-foot wide stream corridor. If a watercourse is designated a blue line stream, but does not have a bed and bank defined by an "ordinary high water mark," as defined in Article 14-9E, Sensitive Lands Definitions, and a definite direction of flow, either continuously or intermittently, then said watercourse will not be considered a regulated stream corridor, provided the absence of these defining characteristics is verified in the field by a qualified professional (See Section 14-51- 7, Stream Corridors, for more information). B. Deleting paragraph 14-51-7C-1 and substituting in lieu thereof: Ordinance No. 10-4398 Page 2 A delineation of the stream corridor and the required natural buffer area is required. If, in the course of delineating a blue line stream, it is determined through field verification by a qualified professional, such as a geologist, hydrologist, or wetland specialist, that the blue line or a portion of a blue line on the current U.S. Geological Survey Quadrangle Maps does not represent a watercourse with a bed and bank defined by an "ordinary high water mark," as defined in this Article, and a definite direction of flow, either continuously or intermittently, then said watercourse or portion of a watercourse will not be considered a regulated stream corridor for purposes of this Title. In such an event, a report prepared by said qualified professional must be submitted to the City that demonstrates to the satisfaction of the City that the subject watercourse does not have the aforementioned defining characteristics of a stream corridor. C. Amending Article 14-9E, Sensitive Lands Definitions, by adding the following definition: ORDINARY HIGH WATER MARK: A line on the bank of a watercourse established by the regular presence and action of surface water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or by other appropriate means that consider the characteristics of the surrounding area. The ordinary high water mark defines the bed of a watercourse. D. Amending Article 14-9E, Sensitive Lands Definitions, by deleting the definition of "stream corridor, regulated" and substituting in lieu thereof: STREAM CORRIDOR, REGULATED: Floodways designated on either the current federal emergency management agency flood boundary and floodway maps for Iowa City and Johnson County or the Iowa City (1 inch = 100 foot scale) flood boundary and floodway maps and watercourses, such as a river, stream or drainageway, which are shown in blue (the blue line) on the current U.S. Geological Survey Quadrangle Maps and have a bed and bank defined by an "ordinary high water mark," as defined in this Title and verified in the field by a qualified professional, and a definite direction of flow, either continuously or intermittently. In cases where no floodway is delineated, the blue line will serve as the center line within a 30-foot wide stream corridor. SECTION I I. 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 12th day of July , 2010. ~~ ~~~ MAYOR Approved by ATTEST: ,~~~-2.~ ~ ~CQ~ > ~l'I czl'i'~1 J~~~~ CITY C RK City Attorney's Office /~~/~ ~ Ordinance No. 10-4398 Page 3 It was moved by Wright and seconded by Champion that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion ~- Dickens ~_ Hayek x Mims x Wilburn ~_ Wright First Consideration 6 / 15 / 2010 VOteforpaSSage:AYES: Hayek, Mims, Wilburn, Wright, Bailey, Champion, Dickens. NAYS: None. ABSENT: None. Second Consideration ------------------ Vote for passage: Date published 7 / 21 / 2010 Moved by Wright, seconded by Bailey, 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: Wilburn, Wright, Bailey, Champion, Dickens, Hayek, Mims. NAYS: None. ABSENT: None. ;j'~~ ~ q\ ~~~d~I?~G ~ ~ ~ / F j. Prepared by: Karen Howard, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ10- 00004) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 60.32 ACRES OF LAND FROM INTERIM DEVELOPMENT-RESEARCH PARK (ID-RP) TO OVERLAY PLANNED DEVELOPMENT-OFFICE RESEARCH PARK (OPD-ORP); AND APPROXIMATELY 56.48 ACRES OF LAND FROM INTERIM DEVELOPMENT-RESEARCH PARK (ID-RP) TO OVERLAY PLANNED DEVELOPMENT-RESEARCH DEVELOPMENT PARK (OPD-RDP); AND APPROXIMATELY 24.49 ACRES OF LAND FROM INTERIM DEVELOPMENT-RESEARCH PARK (ID-RP) TO OVERLAY PLANNED DEVELOPMENT-MIXED USE (OPD-MU) FOR PROPERTY LOCATED NORTHWEST OF THE INTERCHANGE OF STATE HIGHWAY 1 WITH INTERSTATE 80. (REZ10-00004) WHEREAS, the applicant, Moss Green Development Corporation, filed with the City Clerk of Iowa City, Iowa, an application for a planned development rezoning for an office research park and mixed-use commercial development for a total of approximately 141.29 acres of land located northwest of the interchange of State Highway 1 and Interstate 80; and WHEREAS, the City's Comprehensive Plan indicates that this area is particularly suited for office and research development park uses due to its proximity to Interstate 80 and other successful office research park firms; WHEREAS, the Planning and Zoning Commission has concluded that a smaller, mixed-use area of office, retail, related services and higher density residential uses developed in a manner that would complement and support the large office research park would be consistent with the Comprehensive Plan; and WHEREAS, the applicant has submitted a conceptual master plan for the planned development indicating private street rights-of-way; building locations, conceptual building designs, parking lot and parking structure locations, mid-block pedestrian connections; green infrastructure systems, preservation of woodlands and the Rapid Creek stream corridor, location of trails, stormwater ponds, landscaping features, and other amenities; and WHEREAS, the Planning and Zoning Commission has recommended that the conceptual master plan for the development that was submitted by the applicant should be recorded as a part of the planned development plan and final site plans should be reviewed by the Commission for compliance with said master plan; and WHEREAS, certain variations from the underlying zoning and street requirements are necessary to allow clustering of buildings away from the sensitive areas, to facilitate green building techniques, and to create a more cohesive, urban streetscape; and WHEREAS, to ensure that storefronts along Moss Place are reserved primarily for commercial uses, the Planning and Zoning Commission recommends certain restrictions on the types and location of residential uses within the Mixed Use area; WHEREAS, the Department of Planning and Community Development and the Public Works Department have examined the Sensitive Areas Development Plan, Preliminary Planned Development Plan, and conceptual master plan and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the Preliminary Planned Development Plan, Sensitive Areas Development Plan, and conceptual master plan and after due deliberation and consideration of the application materials and the staff recommendations, has recommended approval; and WHEREAS, Iowa Code §414.5 (2009) 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 Ordinance No. Page 2 WHEREAS, Owner has agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement 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: 1. The approximately 60.32 acre property legally described in Exhibit A, Parcel 1, attached and incorporated herein, is hereby reclassified from Interim Development Research Park (ID-RP) to Overlay Planned Development - Office Research Park (OPD-ORP), with the following modifications to the lot dimensional requirements set forth in Iowa City Code of Ordinances 14- 2 D-4: A. The minimum front setback shall be 20 feet, the maximum front setback shall be 60 feet, the minimum side setback shall be 20 feet; on applicable lots, the rear setback shall be the construction limit line as shown on the sensitive areas development plan; and the minimum setback from the Interstate-80 right-of-way shall be 50 feet; and 2. The approximately 56.48 acre property legally described in Exhibit A, Parcel 2, attached and incorporated herein, is hereby reclassified from Interim Development-Research Park (ID-RP) to Overlay Planned Development -Research Development Park (OPD-RDP) with the following modifications to the lot dimensional requirements set forth in Iowa City Code of Ordinances 14-2D-4 and the City's street standards: A. The minimum building height shall be 20 feet; the maximum building height shall be 75 feet; the minimum front setback shall be 10 feet; and the maximum front setback shall be 20 feet; and on applicable lots, the rear setback shall be the construction limit line as shown on the sensitive areas development plan; and B. On-street diagonal parking shall be allowed along the frontage of lots 2-4 and lots 10 and 11 as illustrated on the preliminary planned development plan and shall count toward. satisfying the minimum parking requirement for development on said lots. 3. The approximately 24.49 acre property legally described in Exhibit A, Parcel 3, attached and incorporated herein, is hereby reclassified from Interim Development-Research Park (ID-RP) to Overlay Planned Development-Mixed Use (OPD-MU) with the following modifications to the lot dimensional requirements, floor area limitations and land uses allowed as set forth in Iowa City Code of Ordinances 14-2C and 14-4B and the City's street standards: A. The minimum building height shall be 20 feet; the maximum building height shall be 60 feet; the minimum front setback shall be 10 feet; the maximum front setback shall be 20 feet; the minimum side setback shall be zero feet, and the rear setback shall be the construction limit line as shown on the sensitive areas development plan; and B. For Personal Service-Oriented Retail Uses and Eating Establishments, there shall be no floor area size limitation. For Sales-Oriented Retail uses, the maximum floor area shall be 10,000 square feet; and C. The building articulation standard as set forth in subsection 14-2C-8M of the zoning code shall apply instead of the building scale standard in the Mixed Use Zone, 14-2C-9G; and D. Detached Single Family Dwellings, Two Family Dwellings, and two-unit Attached Single Family Dwellings are prohibited; and Ordinance No. Page 3 E. All land uses allowed within the Commercial Office (CO-1) Zone shall also be allowed within this zone; and F. On-street diagonal parking as illustrated on the preliminary planned development plan shall be allowed and shall count toward satisfying the minimum parking requirement for development on said lots. SECTION II. 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 and the City, following passage and approval of this Ordinance. SECTION III. ZONING MAP. The Building Inspector 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 this ordinance by law. 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, the associated conditional zoning agreement, planned development plan, sensitive areas development plan, and conceptual master plan for Moss Green Urban Village and to record the same at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions 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 unconsti- tutional. 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 , 2010. MAYOR ATTEST: CITY CLERK Appr~ved by / City Attorney's Office S rS /~U Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright First Consideration 5 / 10 / 2010 Vote forpaSSage: AYES: Wilburn, Wright, Bailey, Champion, Dickens, Hayek, Mims. NAYS: None. ABSENT: None. Second Consideration 6 / 1 /2010 Vote for passage: AYES: Dickens, Hayek, Mims, Wilburn, Wright, Bailey, Champion. NAYS: None. ABSENT: None. Date published Prepared by: Karen Howard, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZ10-00004) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Moss Green Development Corporation (hereinafter"Owner"). WHEREAS, Owner is the legal title holder of approximately 141.29 acres of property located northwest of the interchange of State Highway 1 with Interstate 80; and WHEREAS, the Owner has requested the rezoning of said property from Interim Development-Research Park (ID-RP) to planned development overlay (OPD) zone with approximately 60.32 acres rezoned to OPD-Office Research Park (OPD-ORP) and approximately 56.48 acres rezoned to OPD-Research Development. Park (OPD-RDP) and approximately 24.49 acres rezoned to OPD-Mixed Use (OPD-MU); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding clustering of buildings and parking areas away from streams, woodlands, and other sensitive features, promotion of energy efficiency and conservation and creation of a cohesive, urban streetscape according to the submitted master plan, that the requested zoning and the various requested modifications to the zoning are consistent with the Comprehensive Plan goals of environmental stewardship, expansion of job opportunities within the community, and the intent of a sensitive areas development, conservation development, and mixed use development, all three of which are accepted types of planned developments; and WHEREAS, to ensure that storefronts along Moss Place are reserved primarily for commercial uses that will complement and provide goods and services to support the office and research development uses that are listed as the intended uses according to the Comprehensive Plan, the Planning and Zoning Commission recommends certain restrictions on the types and location of residential uses within the Mixed Use area; and WHEREAS, Iowa Code §414.5 (2009) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for stewardship of sensitive environment features of the land; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Moss Green Development Corporation is the legal title holder of the property legally described on Exhibit A, attached and incorporated herein; and 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Sensitive Areas Development Plan and that the conditions imposed upon the property are reasonable and designed to satisfy public needs caused by the requested zoning change. Further, the parties acknowledge that Iowa Code §414.5 (2009) 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 agrees that development of the subject property will conform to all other requirements of the zoning chapter, except as modified by ordinance through the planned development rezoning process, as well as the following conditions: a. The Applicant must receive approval of the final planned development site plans on each lot from the Planning and Zoning Commission. Site plans will be reviewed for general compliance with the master plan as submitted by the applicant to the City on April 1, 2010, which shall be attached to and recorded with the preliminary planned development plan and this conditional zoning agreement; and b. Moss Place will be constructed and platted as a private street with a public and emergency access easement extending over the entire length and width of the roadway and sidewalk, which easement shall be granted by Owner to the City in writing; and c. Moss Place must be built to the City's minimum construction standards for public streets and shall be inspected and approved by the City prior to being opened to the public; and d. Detached Single Family Dwellings, Two Family Dwellings, and two-unit Attached Single Family Dwellings are prohibited in the OPD-MU zone; and e. On land within the planned development zoned OPD-MU, residential uses are not allowed within the first 30 feet of building depth as measured from the front building wall facing Moss Place. Residential entrances, lobbies, stairwells, elevators and, other building features that provide access and safety for the residents are not included in this restriction. In addition, up to 25% of the length of the ground level frontage of a building that faces Moss Place may include live-work units that include both commercial and residential functions. Live-work units that do not include any residential functions on the ground level floor do not count toward this limit. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2009), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and City acknowledge that in the event the subject property is transferred, -sold, redeveloped, or subdivided, all redevelopment shall conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner acknowledge(s) that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable 2 local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Owner's expense. Dated this day of , 201 C CITY OF IOWA CITY Matt Hayek, Mayor Attest: Marian K. Karr, City Clerk Ap~r'o/ved b~ ~ ~~~ City Attorney's Office ~ ~L[,l/J CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) By: On this day of A.D. 20 before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) T~ is instru~ nt was acknowledg `[~e~ielopment Corporation. 3 VOI.DENWRS PELDE I GOP1~118810r1 Number 706502 M~tCommission Expires owe ~0 25 - ~p r~ dt'L~-l. / 2010 by .-of ,Moss Green EXHIBIT A PARCEL 1 COMMENCING at the West'/4 Corner of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 00°37'11" East, a distance of 851.11 feet; THENCE South 00°46'46" East, a distance of 1980.00 feet to the POINT OF BEGINNING; THENCE South 82°24'15" West, a distance of 1,731.77 feet; ° ~ ,~ THENCE North 88 11 05 West, a distance of 925.94 feet; THENCE North 00°54'55" West, a distance of 826.21 feet; THENCE North 62°47'54" East, a distance of 422.83 feet, to the centerline of Moss Place, to a point on a curve; THENCE along the centerline of Moss Place, along a curve to the right having a radius of 600.00 feet, a delta of 22°09'35", an arc length of 232.06 feet, and a chord which bears North 16°07'19" West having a chord distance of 230.61 feet to a point of tangency; THENCE along the centerline of Moss Place, North 05°02'31" West, a distance of 450.41 feet; THENCE North 84°57'29" East, a distance of 279.49 feet; THENCE South 59°45'54" East, a distance of 302.28 feet; THENCE South 65°24'52" East, a distance of 341.75 feet; THENCE South 12°12'33" East, a distance of 200.43 feet; THENCE South 66°23'38" East, a distance of 486.33 feet; THENCE South 72°38'46" East, a distance of 211.24 feet; THENCE South 52°41'52" East, a distance of 115.01 feet, to the centerline of Moss Place, to a point on a curve; THENCE along the centerline of Moss Place, along a curve to the right having a radius of 600.00 feet, a delta of 14°46'19", an arc length of 154.69 feet, and a chord which bears South 44°41'18" West having a chord distance of 154.26 feet; THENCE South 37°55'33" East, a distance of 958.63 feet, to the POINT OF BEGINNING, containing 60.32 acres, more or less. PARCEL 2 COMMENCING at the West'/ Corner of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 00°37'11" East, a distance of 851.11 feet; THENCE South 00°46'46" East, a distance of 526.94 feet to the POINT OF BEGINNING; THENCE South 00°46'46" East, a distance of 1453.60 feet; THENCE North 37°55'33" West, a distance of 958.63 feet, to the centerline of Moss Place, to a point on a curve; THENCE along the centerline of Moss Place, along a curve to the left having a radius of 600.00 feet, a delta of 14°46'19", an arc length of 154.69 ° ~ ,. feet, and a chord which bears North 44 41 18 East having a chord distance of 154.26 ° ~~ feet to a point on a line; THENCE North 52 41 52 West, a distance of 115.01 feet; THENCE North 72°38'46" West, a distance of 211.24 feet; THENCE North 66°23'38" West, a distance of 486.33 feet; THENCE North 12°12'33" West, a distance of 200.43 feet; THENCE North 65°24'52" West, a distance of 341.75 feef; THENCE North 59°45'54" ° ,~ West, a distance of 302.28 feet; THENCE South 84 57 29 West a distance of 279.49 feet, to the centerline of Moss Place; THENCE along the centerline of Moss Place, South 05°02'31" East, a distance of 450.41 feet to a point of curve; THENCE along the centerline of Moss Place, along a curve to the left having a radius of 600.00 feet, a delta of 22°09'35", an arc length of 232.06 feet, and a chord which bears South 16°07'19" East having a chord distance of 230.61 feet to a point on a line; THENCE South 62°47'54" West, a distance of 422.83 feet; THENCE North 00°54'55" West, a distance of 838.39 feet; THENCE North 00°54'55" West, a distance of 359.05 feet; THENCE North 89°41'57" West, a distance of 124.46 feet; THENCE North 00 47 26 West, a distance of 842.36 feet, to the centerline of Oakdale Boulevard; THENCE along the centerline of Oakdale Boulevard, South 57°50'23" East, a distance of 579.85 feet; THENCE along the centerline of Oakdale Boulevard, along a curve to the left having a radius of 1,000.00 feet, a delta of 31 °28'37", an arc length of 549.38 feet, and a chord which bears South ° ~ ,. 73 35 07 East having a chord distance of 542.50 feet to a point of tangency; THENCE along the centerline of Oakdale Boulevard, South 89°19'26" East, a distance of 494.87 feet to a point of curve; THENCE along the centerline of Oakdale Boulevard, along a curve to the left having a radius of 1,000.00 feet, a delta of 08°38'45", an arc length of 150.90 feet, and a chord which bears North 86°21'12" East having a chord distance of 150.75 feet to a point on a line; THENCE South 00°40'34" West, a distance of 119.01 feet; THENCE South 63°43'48" West, a distance of 216.02 feet; THENCE South 46°57'56" West, a distance of 219.04 feet; THENCE South 00 40 56 West, a distance of 122.03 feet; THENCE South 72°50'57" East, a distance of 218.30 feet; THENCE South ° ~ ~~ 51 53 02 West, a distance of 144.00 feet; THENCE South 54°00'28" East, a distance of ° ~ ~~ 149.77 feet; THENCE South 76 5400 East, a distance of 396.41 feet; THENCE South 62°33'35" East, a distance of 179.97 feet; THENCE North 70°47'47" East, a distance of 97.77 feet, to the centerline of Moss Place, to a point on a curve; THENCE along the centerline of Moss Place, along a curve to the right having a radius of 600.00 feet, a delta of 10°35'07", an arc length of 110.85 feet, and a chord which bears South 13°54'40" East having a chord distance of 110.69 feet to a point on a line; THENCE North 81°22'53" East, a distance of 342.85 feet, to the POINT OF BEGINNING, containing 56.48 acres, more or less. PARCEL 3 THENCE South 00°37'11" East, a distance of 468.89 feet to a point on the centerline of Oakdale Boulevard which is the POINT OF BEGINNING; THENCE South 00°37'11" East, a distance of 851.11 feet; THENCE South 00°46'46" East, a distance of 526.94 feet; THENCE South 81°22'53" West, a distance of 342.85 feet, to the centerline of Moss Place, a point on a curve; THENCE along a curve to the left having a radius of 600.00 feet, a delta of 10°35'07", an arc length of 110.85 feet, and a chord which bears North 13°54'40" West having a chord distance of 110.69 feet to a point on a line; THENCE South 70°47'47" West, a distance of 97.77 feet; THENCE North 62°33'35" West, a distance of 179.97 feet; THENCE North 76 54 00 West, a distance of 396.41 feet; THENCE North 54°00'28" West, a distance of 149.77 feet; THENCE North 51°53'02" East, a distance of 144.00 feet; THENCE North 72°50'57" West, a distance of 218.30 feet; THENCE North 00°40'56" East, a distance of 122.03 feet; THENCE North 46°57'56" East, a distance of 219.04 feet; THENCE North 63°43'48" East, a distance of 216.02 feet; THENCE North 00°40'34" East, a distance of 119.01 feet, to the centerline of Oakdale Boulevard; THENCE along the centerline of Oakdale Boulevard, along a curve to the left having a radius of 1,000.00 feet, a delta of 34°24'41 ", an arc length of 600.59 feet, and a chord which bears North 64°49'29" East having a chord distance of 591.61 feet to a point of tangency; THENCE along the centerline of Oakdale Boulevard, North 47°37'08" East, a distance of 23.25 feet to a point of curve; THENCE along the centerline of Oakdale Boulevard, along a curve to the right having a radius of 1,000.00 feet, a delta of 20°04'49", an arc length of 350.47 feet, and a chord which bears North 57°39'33" East having a chord distance of 348.68 feet to the POINT OF BEGINNING, containing 24.49 acres, more or less. 07-12-10 13 Prepared by: Kevin O'Malley, Director of Finance, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5053 ORDINANCE NO. ORDINANCE AMENDING TITLE 3, ENTITLED "CITY FINANCES, TAXATION AND FEES," ~~ CHAPTER 4, ENTITLED SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES," SECTION 3-4-5, ENTITLED "SOLID WASTE DISPOSAL," OF THE CITY CODE TO INCREASE OR CHANGE CERTAIN SOLID WASTE CHARGES. WHEREAS, pursuant to Chapter 384, Code of Iowa (2009), the City of Iowa City provides certain solid waste collection and disposal services; and WHEREAS, it is in the public interest to increase certain fees and charges associated with said solid waste collection and disposal services; and WHEREAS, the Iowa City City Council proposes to increase residential solid waste collection fees by approximately 3.3% on the first full billing sent after the adoption and publication of this ordinance, to adequately finance operational costs; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 3, entitled "City Finances, Taxation, and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 3-4-5, entitled "Solid Waste Disposal," of the Iowa City Code is hereby amended by: Changing the charge for residential solid waste collection from $15.00 to $15.50 per dwelling unit, and 2 rooming units, per month; and from $3.60 to $4.10 per unit for curbside recycling. 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 effective on the first full billing sent after the adoption and publication of this ordinance. Passed and approved this day of , 20 MAYOR ATTEST: CITY CLERK Ap roved by Q /, (L~l /~1.1L(~~i'~,i,,17~Z%Z~4~1~~~-i~~?ytiJ City Attorney's Office ~ /~ ~ !~ ~ Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright First Consideration 7/12/2010 Vote for passage: AYES: Wright, Bailey, Champion, Dickens, Hayek, Mims, Wilburn. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published Prepared by: Kevin O'Malley, Director of Finance, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5053 ORDINANCE NO. ORDINANCE ENDING TITLE 3, ENTITLED "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, ENTI ED "SCHEDULE OF FEES, RATES, CHA S, BONDS, FINES, AND PENALTIES," SECTIO 3-4-5, ENTITLED "SOLID WASTE DISPO L," OF THE CITY CODE TO INCREASE OR CHANGE ERTAIN SOLID WASTE CHARGES. WHEREAS, pursuant to Cha ter 384, Code of Iowa (2007), the ity of Iowa City provides certain solid waste collection and disposal se ices; and WHEREAS, it is in the public intere t to increase certain fees nd charges associated with said solid waste collection and disposal services; and WHEREAS, the Iowa City City Counci approximately 3.3% on the first full billi adequately finance operational costs; and to jrfcrease residential solid waste collection fees by 'r/the adoption and publication of this ordinance, to NOW, THEREFORE, BE IT ORDAINED IOWA: THE CITY COUNCIL OF THE CITY OF IOWA CITY, SECTION I. AMENDMENT. Title 3, e itled "Ci Finances, Taxation, and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, B ds, Fines, d Penalties," Section 3-4-5, entitled "Solid Waste Disposal," of the Iowa City Code is here amended by: Changing the charge for residentia solid waste collecti from $15.00 to $15.50 per dwelling unit, and 2 rooming units, per month; and from 3.60 to $4.10 per unit f curbside recycling. SECTION II. REPEALER. II ordinances and parts of o finances in conflict with the provisions of this Ordinance are hereby repeale . SECTION III. SEVER ILITY. If any section, provision or pa of the Ordinance shall be adjudged to be invalid or unconstitutional such adjudication shall not affect the vale ity of the Ordinance as a whole or any section, provision or pa hereof not adjudged invalid or unconstitution I. DATE. This Ordinance shall be effedtive October 15, 2010. Passed and,~pproved this day of r.~ c~ m ~,.. , MAYOR -~~ ATTE =~~ ~` _.__ .~.. J TY CLERK F-. '`~' -•" r° ,~ 1 ~yG pproved by ~~ ._.~. ,~`: ~''~ - ~, ___ .. ~ City Attorney's Office ~~~ finadm/ord/feei ncrease-sw09. doc f i Prepared by: Ed Moreno, Superintendent, Water Division, 410 E. Washington, Iowa City, Iowa 52240, 319-356-5162 ORDINANCE N0. 10-4399 ORDINANCE AMENDING TITLE 3, FINANCES, TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES, SECTION 3, POTABLE WATER USE AND SERVICE. WHEREAS, Iowa City Code section 3-4-3: Potable Water Use And Service sets the amount of fee, charge, bond fine and penalty for various water use and service matters; and WHEREAS, the City wishes to more closely align water meter charges and water service fees with the current cost to provide these water meters and with the current labor and equipment costs to provide these services. WHEREAS, it is in the best interest of the public to adopt this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I.AMENDMENTS: TITLE 3, FINANCES, TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALITIES, SECTION 3, POTABLE WATER USE AND SERVICE is hereby amended by deleting it in its entirety and replacing it as follows: 3-4-3: POTABLE WATER USE AND SERVICE: Meter Charge (nonrefundable) (16-3C-4) - by type of meter and size: Meter Size (Inches) Charge Meter, including meter reading device - Ecoder R900i 5/8", 5/8" x 3/4 " $185.00 C3/4" $210.00 1 " $240.00 1 1/2" $375.00 2" ~ $480.00 Meter, including meter reading device - Turbine Ecoder R900i 2" ~ $560.00 3" ~ $820.00 4" $1,235.00 g" $2,210.00 Meter, including meter reading device - Compound Ecoder R900i 2" ~ $1,460.00 3" $1,985.00 4" ---~ $2,585.00 Ordinance No. 10-4399 Page g" $4,170.00 Water Service Charge (16-3A-4) for first 100 cubic feet or less of water used, based on meter size. Meter Size (Inches) Charge 5/8", 5/8" x 3/4 " $6.75 3/4" - 7.37 1.. ~ $8.69 1 '/z" $17.34 2" ~ $23.30 C J 3" $43.06 4" $75.13 g" ~ $151.17 There will be no minimum monthly charge for a single purpose water meter for the months of November to March if no water is used. User charges for water in excess of 100 cubic feet per month: Monthly Usage Fee per 100 cubic feet Dual purpose meters: 101- 3,000 ~ $2.99 Over 3,000 $2.15 Single purpose meters: Over 100 ~ $2.99 Other Charges and Discounts: Amount Returned check/automatic bank debit for payment of city utility services: $25.00 Discount for combined accounts enrolled in SurePay, per billing $1.00 Temporary Water Use (16-3A-46) -During construction for the first 90 days from the date of the connection to the water main for a new water service or a maximum of 90 da s for reconstruction: Single and two family residences, per month $15.00 Multi-family residences, per month $15.00 Commercial structures, per month $25.00 ~ Temporary Water Use after 90 days for any structure, per month, until the water meter is installed $100.00 Ordinance No. 10-4399 Page Direct purchase of water fee, per 200 gallons or fraction thereof (16-3A- $0.55 4C) Deposit and delinquency fee for combined city water and/or sanitary sewer and/or solid waste collection accounts (16-3A-5): Residential owner account $0.00 Residential tenant account $80.00 Commercial account An amount equal to an average two month billing for commercial service for city water and/or sanitary sewer service Five percent delinquency charge on current billed portion of the outstandin g amount on combined water and/or sanitary sewer and/or solid waste account that is not paid with in 22 days of billing date. Delinquency deposit fee for combined water and/or sanitary sewer and/or An amount equal to an solid waste collection accounts (16-3A-5) average two month billing for the delinquent account _ Extension of major feeder lines (oversizing) $395.00 per acre Water Main Installation and connection fees: Size: Cost per linear foot g" 8" $20.10 $22.35 10" 12" $26.8 $33.2 16" $44.00 Service Fees: Fee During Additional Service Normal Working Fee After Normal Hours Workin Hours** Reconnection of discontinued service $35.00 $70.00 Posting fee for shutting off water in collection procedure $35.00 Not done after normal working hours Frozen Water Meters $35.00, plus cost $70.00, plus cost of of meter meter Shut off water service at curb and check for exterior leak No charge $70.00, plus hourly rate of overtime over 2 hours Ordinance No. 10-4399 Page 4 Broken Or Damaged Hydrant Repair Cost $70.00, plus repair cost Location of city-owned water main for other utilities Location of city-owned water main for private enterprise No charge No charge No charge $70.00, plus hourly rate of overtime over 2 hours Check water meter for accuracy at consumer's request $62.00 Not done after normal working hours Annual fire hydrant fee for inspection and operation of fire hydrants which are privately owned or owned by other government agencies $88.00 Not done after normal working hours **This fee is in addition to any fees charged for work done during normal working hours. The Water Division's normal working hours are 7:00 a.m. to 3:30 p.m., Monday through Friday. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of the Ordinance are hereby repealed. SECTION III. SERVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective after its final passage, approval and publication, as provided by law. Passed and approved this 12th day of July , 2010. ~lC~~- ~ n Mayor ATTEST: ~~ ~ `~~~ CITY CLERK ,d r~ ~.1~~.~ City Attorney's Office ~/a lJD Ordinance No. i o-4399 Page 5 It was moved by Bailey and seconded by Mims that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey ~_ Champion g Dickens x Hayek ~_ Mims x Wilburn x Wright First Consideration 6 / 15 / 2010 Vote for passage: AYES: Wilburn, Wright, Bailey, Champion, Dickens, Hayek, Mims. NAYS: None. ABSENT: None. Second Consideration ----------------- Vote for passage: Date published 7 / 21 / 2010 Moved by Bailey, seconded by Champion, that the rule requiring ordinances to be considered and voted on for. passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Hayek, Mims, Wilburn, Wright, Bailey, Champion, Dickens. NAYS: None. ABSENT: None. ~~®~ CITY OF IOWA CITY 17 . ~~,~~ A~ ~ u ~ E~~JR M Date: July 7, 2010 From: Ed Moreno To: Rick Fosse Re: Meter Check Fee Below are answers to questions posed by the City Council at the June 15, 2010 Council Meeting regarding the proposed increase in the water meter check fee. Q: If we check a meter and it is over billing, do we charge for the meter check? A: No. Q: Approximately what percentage of meters checked has overbilling occurred? A: In the past 30 years only one meter has been found to be overcharging. The Iowa City Water Division helps our water customers by notifying them if their water usage is more than 50% higher than normal. Usually the high usage can be explained through some special use at the property or by identifying a leak. Assistance in identifying leaks is a service offered at no charge. If nothing can be found during a leak investigation and the customer questions the accuracy of the water meter, we will remove it and test it. Historically, we can only remember one meter that tested high. Typically water meters read low (undercharge) due to wear and age. If there are any other questions or comments regarding this memo please let me know. CC: Jude Moss 1 V Y-~' ~{ Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. 10-4400 ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "PUBLIC WAYS AND PROPERTY," CHAPTER 9, ENTITLED "PARKS AND RECREATION REGULATIONS" TO REGULATE THE COMMERCIAL USE OF PARKS. WHEREAS, the City presently does not prohibit the commercial use of City parks; and WHEREAS, it is in the City's interest to prohibit the use of parks for a commercial purpose unless approved by the Parks and Recreation Director. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 10, entitled "Public Ways and Property," Chapter 9, entitled "Parks and Recreation Regulations," Section 2, entitled "Prohibited Actions in Parks," is hereby amended by adding the following new Subsection K: Commercial Use: No commercial use of City parks is allowed except as approved by the Director. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a municipal infraction or a simple misdemeanor. SECTION IV. 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 V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 12thday of July , 2010. MAYOR ATTEST:_/f"/~~2r~: s2..J f~f 7\~~1~ CITY ERK Approved by City Attorney's Office Ordinance No. 10-4400 Page 2 It was moved by Champion and seconded by Mims that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey x Champion x Dickens x Hayek ~_ Mims x Wilburn g Wright First Consideration 6 / 1 / 2010 Vote for passage: AYES: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright. NAYS: None. ABSENT: None. Second Consideration 6 / 15 / 2010 Vote forpassage:AYES: Dickens, Hayek, Mims, Wilburn, Wright, Bailey, Champion. NAYS: None. ABSENT: None. Date published 7 / 21 / 2010