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HomeMy WebLinkAboutOrdinances~ r ~~.®~r~ ~nl,~1i. -~a.a~ CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240- 1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 10-4377 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 25th day of January, 2010, all as the same appears of record in my office and published in the Iowa City Press-Citizen on February 8, 2010. Dated at Iowa City, Iowa, this 11th day of March, 2010. ,- ~ ~~~.Xld kc,~ n ' K. Voparil Deputy City Clerk Printer's Fee $ ~ L~ r CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, ~; 06rF~2 ~~'~- l~ia~:a-B, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper ~ .time(s), on the following date(s): ~8 8~ .2.Or D Legal Cler Subscri d and sworn ~o before me this / /`~`~ day of ~`-~ - A.D..20 \ J ~ ~ .- Public ~°„`r~ LINDP. KROTZ Z~ Commission Number 732619 My Commission Expires ow- _ _.. January 27, 2011 OFFICIAL PUBLICATION ORDINANCE NO. 10-4377 ORDINANCE AMENDING THE PLANNED DEVELOPMENT OVERLAY MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL OLDER) TOWNE FO VILLAGE, LOCATED ON WESTBURY DRIVE, SOUTH OF MIDDLEBURY ROAD, IN IOWA CITY, IOWA (REZ09-00010) WHEREAS, the applicant, Allen Homes, Inc, has requested amend- ing the Planned Development Overlay Medium Density Single Family Residential (OPD-8) zone for Lot 1, Olde Towne Village, locat- ed at Westbury Drive, south of Middlebury Road to allow for the addition of five townhouse style units, improved open space, and a picnic shelter with grill area; and WHEREAS, the Comprehensive Plan indicates that this neighbor- hood, at the corner of Scott and Rochester, be developed as a com- mercial node with townhouses and small-scale apartment building nearby; WHEREAS, Lot 1 currently con- tains 15 townhouse style units; and WHEREAS, the Planning and Zoning Commission has 'the reviewed the proposed rezoning and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY 000N- CIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The OPD plan for the property described below is hereby amended to include five additional townhouse style dwelling units and improve- ments to the open space as illus- trated on the attached site plan and building elevations, which by this reference are incorporated herein: Lot 1, Olde Towne Village in accor- dance with the Plat thereof record- ed in Book 49, at Page 321, of the Johnson County Recorder's Office, containing 2.43 acres and subject to easements and restrictions of record. SECTION II. ZONING MAP. The Building Inspector is hereby author- ized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final passage, approval and publication of this ordinance by law. SECTION III. 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 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 IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. 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 VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 25th day of January, 2010. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk ~,,,~~ . ~'~ z. a AT~I ~W rl LEFT ELEVA710N - P~RiH ~~ ~~ _~ ~~ _~ ~~ ~~ o~ ~3 jm Pj. a~~. 77494 February 8, 2010 ~` ~ .a..~. '3r,` $`~O \ v b~: c ~~-ati ~ `{~-Tg O~i~o-a-h~~or ~rrdc~' O~n ~. o~ -~'M~e., a~ •,.c~„n,.,c~,~. was o~~'~k4~. bw~ ! • C- . ~r o-.>, -~ ~+.~ ~~b ' Gq~ ~0~~ I OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICATION Printer's Fee $1 .~ ORDINANCE NO.10-4377 Zoning Commission has the AND RECORDING. Upon passage ~ ORDINANCE AMENDING THE reviewed the proposed rezoning and approval of the Ordinance, the PLANNED. DEVELOPMENT and has recommended approval. City Clerk is hereby authorized and OVERLAY MEDIUM DENSITY NOW, THEREFORE, BE IT directed to certify a copy of this CERTIFICATE OF PUBL~ATION SINGLE FAMILY RESIDENTIAL ORDAINED BY THE CITY COUN- ordinance and to record the same, STATE OF IOWA (OPD-8) ZONE FOR LOT 1, CIL OF THE CITY OF IOWA CITY, at the office of the County Recorder ~ OLDE TOWNE VILLAGE, IOWA: of Johnson County, Iowa, at the JOHNSON COUNTY SS• ~` , LOCATED ON WESTBURY SECTION I APPROVAL. The OPD owner's expense, all as provided ~ DRIVE, SOUTH OF MIDDLEBURY ' plan for the property described by law. THE IOWA CITY PRESS-CITIZEN ROAD, IN IOWA CITY, IOWA below is hereby amended to SECTION IV. REPEALER. All (REZ09-00010) include five additional townhouse ordinances and parts of ordinances FED. ID # 42-0330670 WHEREAS, the applicant, Allen style dwelling units and improve- in conflict with the provisions of this Homes, Inc, has requested amend- ments to the open space as illus- Ordinance are hereby repealed. ing the Planned Development trated on the attached site plan and SECTI V. SEVERABILITY. If verlay Medium Density Single building elevations, which by this any se n, provision or part of the Fa ily Residential (OPD-8) zone reference are incorporated herein: Ordi nce shall be adjudged to be I~ Q (f)/~ ~ A~.TZ-. for L t 1, Olde Towne Village, local- Lot 1, Olde Towne Village in actor- in id or unconstitutional, such ed at Westbury Drive, south of dance with the Plat thereof record- djudication shall not affect the bein dul sworn, Sa Middleb Road to allow for the ed in Book 49, at Page 321, of the validity of the Ordinance as a whole g y y addition five townhouse style Johnson County Recorder's Offi or any section, provision or part units, impro d open space, and a containing 2.43 acres ands ect thereof not adjudged invalid or that I am the legal clerk of the IOWA picnic shelter 'th grill area; and to easements and restric' ns of unconstitutional. ' WHEREAS, t Comprehensive record. SECTION VI. EFFECTIVE DATE. CITY PRESS-CITIZEN, a news a er Plan indicates th this neighbor- SECTION II. ZONI MAP. The This Ordinance shall be in effect l~ p hood, at the corne of Scott and Building Inspector i ereby author- after its final passage, approval and Rochester, be develo as a tom- ized and direct to change the publication, as provided by law. published in said county, and that a ' mercial node with town uses and zoning map of a City of Iowa City, Passed and approved this 25th day small-scale apartment wilding Iowa, to orm to this amend- of January, 2010. notice a rinted CO Of Wh1Ch 1S nearby; ment u n the final passage, ~ l~ py WHEREAS, Lot 1 current con- appro and publication of this s/Matthew J. Hayek, Mayor tains 15 townhouse style units; nd ord' nce by law. Attest: s/Marian K. Karr, City Clerk hereto attached, was published in said WHEREAS, the Planning a SECTION III. CERTIFICATION 77393 February 3, 2010 paper 1 .time(s), on the ,< ~ ~ t~ ,. r;. _ ~.~ -. ~~~ ~ i r • ...: ~ • ~.. following date(s) ~ 'u~ { ~T .._ ~: _:. _~.. _ r ~~, , . ~~~~ b,r,ut ~ ~. 3 ~ ~-c - v ~ ~.~.~. . _~ ~ 1 ,,,~ ~.~~1l1~1. ___ 3.. .,) f , ~ Legal Cle ~ t `:~# ~(~~~~ ~ ~' „~~q` ~ ~ _ __~ ~ ~> >- ~ ; ~ ..... Subsc ed and sworn to efore rfie ! _~ ~ ~ ;~~-o ~ `~~ this ~,-~ da of '~ ~~ ~ ~' ~ ~ ~ ~~rE ~.~.,~~. y }, ~.,~ ~._ A,D. 20~-• ~ ~ ~ ~~~~ ~~~ - ~' __ ~~., ~ ~ . ~ 4c ~ ~ i ~,w.+e jl a ~ ~, - _ ~ - - r _ __ __ .. ' _ ..,. 1. Notary Public ... , _,: GAP"'rc LINDP. KROTZ !R ~°., ~. Commission Number 732619 ..k~°~r Ny Commission Expires .__-__,__._r ~-~~ Jarr„ary 27, 2011 ~ r ~nl~. ,~ wnr®~~~ -~a.a~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 5 2 240- 1 826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 10-4378 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 25th day of January, 2010, all as the same appears of record in my office and published in the Iowa City Press-Citizen on February 3rd, 2010. Dated at Iowa City, Iowa, this 11th day of March, 2010. C Y"~-~ \\ V F1'l~ c ~ O e K. Voparil Deputy City Clerk . lo- ~~. ` °~~ ~,'.~` `~3`''1 ~ .~rc~,,,.,-k Printer's Fee $ 7 `- ~ . ~i CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, _ ~ b Cs~Je~ ~ ~KTZ being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published. in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper l .time(s), on the following date(s): ~~ ~ ~ ~S l o Tl Legal Cler S~abscr ed and sworn to before me this_ ~~ ~~% day of A.D. 20_ C' .Notary Public ~pr.r ~, LINDP. KRO'Z :°~ Commission Numb: '?619 '- ~~ ~:4y Commission ~-> OFFICIAL PUBLICATION ORDINANCE NO. 10-4378 AN ORDINANCE APPROVING A CONDITIONAL ZONING AGREE- MENT FOR AUDITOR'S PARCEL 2008103, APPROXIMATELY 25.16 ACRES OF PROPERTY IN THE COMMUNITY COMMERCIAL (CC- 2) ZONE FOR WESTPORT PLAZA, INCLUDING WAL-MART AT 855, 911 & 1001 HIGHWAY 1 WEST. (REZ09-00008) WHEREAS, on June 13, 1989, the City adopted an ordinance rezoning from Industrial, I-1, to Commercial, CC-2, approximately 28.084 acres of land located South of Highway 1 West and entered into a Conditional Zoning Agreement (the "1989 CZA") which established certain condi- tions and restrictions on the owner of said 28.084 acres; and WHEREAS, on September 23, 2008, the City approved a condi- tional zoning agreement (the "2008 CZA") that replaced and supersed- ed the 1989 CZA and obligated the Developer to substantially comply with a concept site plan and land- scaping plan that showed one builtl- ing and a large parking lot; and WHEREAS, Wal-Mart has submit- ted aConcept Site Plan to the City that materially varies from the terms set forth in the 2008 CZA, and has thus requested the 2008 CZA be replaced with and superseded by the attached Conditional Zoning Agreement; and WHEREAS, the Planning and Zoning Commission has recom- mended approval of the attached agreement, which includes crondi- tions related to ensuring that the property develops in a manner con- sistent with the Comprehensive Plan, paying particular attention to the aesthetics and landscaping of this site which serves as a major entranceway to the city; and WHEREAS, Iowa Code §414.5 (2009) provides that the City of Iowa City may impose reasonable condi- tions on granting an applicant's rezoning request, over and above existing regulations, in order to Sat- isfy public needs caused by -the requested change; and WHEREAS, the owner and appli- cant has agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropri- ate development in this area of the City. WHEREAS, the Iowa City, City Council concurs with the recom- mendations of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY 000N- CIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The attached Conditional Zoning Agreement is hereby approved for the property described below: Auditor's Parcel 2008103, Johnson County, Iowa, in accordance with the Plat thereof recorded in Book 53, at Page 269, in the records of the Johnson County Recorder's Office, containing 25.16 acres and subject to the easements and restrictions of record. SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance and the attached Conditional Zoning Agreement 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 ordi- nances 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 25th day of January, 2010. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk CONDITIONAL ZONING AGREE- MENT THIS CONDITIONAL ZONING AGREEMENT (this "Agreement's is made among the City of Iowa City, Iowa, a municipal corporation (here- inafter "City") and Wal-Mart Real Estate Business Trust, a Delaware business trust and Wal-Mart Stores, Inc., a Delaware corporation (here- inafter, collectively "Wal-Mart" or "Owners"). WHEREAS, on June 13, 1989, the City adopted an ordinance rezoning from Industrial, I-1, to Commercial, CC-2, approximately 28.084 acres of land located South of Highway 1 West and entered into a Conditional Zoning Agreement (the "1989 CZA") which established certain condi- tions and restrictions on the owner of said 28.084 acres; and WHEREAS, the 1989 CZA was amended on September 24, 1996 (the "1989 CZA, as amended"); and WHEREAS, on September 23, 2008, the City approved a condi- tional zoning agreement that replaced and superseded the 1989 CZA and obligated the Developer to substantially comply with a concept site plan and landscaping plan that showed one building and a large parking lot; and WHEREAS, the 1989 CZA, as amended, and the 2008 CZA are covenants running with the land and inure to the benefit of all successors and assigns of the property bur- dened thereby; and WHEREAS, Wal-Mart owns and desires to redevelop approximately 25.16 acres of said land ("the Property"), which is considered a major entrance to Iowa City; and WHEREAS, the City has a policy to preserve and enhance the entranceways to Iowa City; and WHEREAS, Wal-Mart has submit- ted aConcept Site Plan to the City that materially varies from the terms set forth in the 2008 CZA, and has thus requested the 2008 CZA be replaced with and superseded by this Agreement; and WHEREAS, the Planning and Zoning Commission has recom- mended approval of such request subject to conditions related to ensuring that the Property is devel- oped in a manner consistent with the City's Comprehensive Plan as it exists as of the date of this Agreement and compatible with the adjacent neighborhood, paying par- ticular attention to the aesthetics and landscaping of this site which serves as a major entranceway to the City; WHEREAS, Iowa Code Section 414.5 (2009) provides that the City may impose reasonable conditions when land is rezoned over and above existing regulations in order to satisfy the public needs directly caused by the requested change; and WHEREAS, Owners acknowledge that certain conditions and restric- tions are reasonable to ensure that the Property is developed in a man- ner consistent with the Comprehensive Plan and is com- patible with the adjacent neighbor- hood; WHEREAS, Owners agree to use the Property in accordance with the terms and conditions of this Agreement; THEREFORE, it is agreed as fol- lows: 1. This Agreement hereby replaces and supersedes the 2008 CZA with respect to the land legally described in Paragraph 2 herein. 2. Owners are the title holder of the land legally described as follows: Auditor's Parcel 2008103, Johnson County, Iowa, in accordance with the Plat thereof recorded in Book 53, at Page 269, in the records of the Johnson County Recorder's Office, containing 25.16 acres and subject to the easements and restrictions of record. 3. The parties acknowledge that the City has a policy, as stated in the Comprehensive Plan, to preserve and enhance the entranceways to Iowa City and to take special care with regard to the site design of commercial establishments, includ- ing landscaping to soften the impact of the structures and lessen the effect of large parking lots. Owners agree and acknowledge this policy is reasonable, proper and appropri- ate under the circumstances. 4. The parties agree that Highway 1 West is a major entranceway to Iowa City from the southwest. Wal- Mart acknowledges the City's policy concerning entranceways governs this rezoning request, therefore Wal-Mart agrees to provide certain amenities over and above City reg- ulations in order to lessen the impact on the surrounding area and enhance the development of the entranceway to the City, said amenities are more particularly described below. 5. The development will substantial- ly conform to the December 15, 2009 Concept Site Plan (the "Concept Site Plan"), the November 18, 2009 building elevations and the October 28, 2009 Landscaping Plan, attached and by this reference incorporated herein (collectively, the "Plans"), particularly with regard to the building location and orienta- tion, the square footage of green- space, the storefront landscaping, fagade design, location of the bus stop, location of the public access easement and the configuration of parking spaces. In addition to the site development standards set forth in the Iowa City Code of Ordinances, Wal-Mart agrees and acknowledges that: a. The two internal landscaped median aisles running the length of the parking lot, but not containing a sidewalk, shall have a minimum width of nine (9) feet; b. This Agreement in no way modi- fies or affects the Bus Stop License Agreement entered into between Wal-Mart and City on November 25, 2008; c. The development of Lots 2 and 3 shall comply with the local zoning standards for large retail uses, as set forth in Iowa City Code of Ordinances Section 14-2C-6K enti- tled "Commercial Site Development Standards." Prior to development, the developer shall obtain Staff approval of the site plan for each lot, which will not be unreasonably withheld. d. Three free-standing signs shall be permitted to be located as shown on the Concept Site Plan; e. The Property may be redevel- oped in two phases. Phase I shall include the demolition of the exist- ing Cub Foods and Staples build- ings, construction of the new Wal- Mart store, and installation of all improvements on land not currently occupied by the existing Wal-Mart Store. Phase II shall consist of dem- olition of the existing Wal-Mart and installation of all necessary erosion control measures as may be required by applicable law, includ- ingthe installation and maintenance of grass on Lots 2 and 3 until said .lots are developed; f. Upon completion of Phase I in conformance with all applicable City requirements, the City shall issue a temporary certificate of occupancy valid for 120 days. If Phase II has not been completed upon the expi- ration of the temporary certificate of occupancy, said certificate may be extended if the Applicant has shown good faith efforts to begin Phase II; g. Upon completion of Phase II in conformance with all applicable City requirements, the City shall issue a certificate of occupancy; h. Wal-Mart delivery traffic shall be directed to enter and exit the site from Ruppert Read. 6. Not withstanding Paragraph five (5) above, the Plans attached may be modified within the general parameters of the Plans, such as structural dimensions and tree species. Any modifications depart- ing from the Plans must and shall be subject to staff review and approval. Nothing in this Agreement shall be construed to require Owners to conform to the Plans in every detail, as the Plans are intended as conceptual in nature. Neither party may intentionally digress from the Plans for any arbi- trary reason. 7. Owners and the City acknowl- edge that the conditions contained herein are reasonable conditions to impose om the land under Iowa Code §414.5 (2009), and that said conditions satisfy public needs that are directly caused by the request- ed rezoning. 8. Owners and the City acknowl- edge that in the event the Property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Agreement. 9. The parties acknowledge that this Agreement shall be deemed effec- tive upon recording, which shall occur upon adoption and publica- tion of the Ordinance and the par- ties further acknowledge that this 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. In the event Wal-Mart does not pick up and pay for the building permit for the construction of the Wal-Mart supercenter structure contemplated on the Concept Site Plan within two (2) years frdm the date of Council approval of the Ordinance, this Agreement and cor- responding Ordinance shall auto- matically be released and repealed two years from the date of Council approval of the Ordinance. In the event of such release and repeal, the Property shall continue to be subject to and burdened by the 1989 CZA, as amended. The parties further acknowledge that this agreement shall inure to the benefit of and bind all succes- sors, representatives, and assigns of the parties. 10. Owners acknowledge that noth- ing in this Agreement shall be con- strued to relieve them from comply- ing with all other applicable local, state, and federal regulations. 11. The parties agree that this AgreemenYshall be incorporated by reference into the ordinance approving this Agreement and rezoning the Property (the "Ordinance"), and that upon adop- tion and publication of the Ordinance, this Agreement shall be recorded in the Johnson County Recorder's Office at Wal-Mart's expense. 12. The Parties acknowledge and agree that until such time as Wal- Mart picks up and pays for the building permit for the construction of the Wal-Mart supercenter struc- ture contemplated on the Concept Site Plan, the Property and the buildings presently existing thereon shall be required to comply with the 1989 CZA, as amended, and not this Agreement. 13. If Wal-Mart or any Owner is delayed or hindered in or prevented from the performance of any obliga- tion required under this Agreement by reason of failure of power, strikes, lock outs, riots, insurrec- tion, war, military or usurped power, sabotage, unusually severe weath- er, fire or other casualty or other reason of a like nature beyond the reasonable control of such delayed party, the time for performance of such obligation may be extended for the period of the delay. Dated this 25th day of January, 2010. WAL-MART REALTY COMPANY, an Arkansas corporation By s/J. Chris Callaway Name J. Chris Callaway Title Regional Vice President WAL-MART REAL ESTATE BUSI- NESSTRUST, aDelaware statutory trust By s/J. Chris Callaway Name J. Chris Callaway title Regional Vice President CITY OF IOWA CITY, IOWA By s/Matthew J. Hayek, Mayor By s/Marian K. Karr, City Clerk 77387 February 3, 2010 OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICATION s a ..... .... ._T ._ i 'I ~~yVl ~i ~ i aeaa e~evpnoN _,,~ ~. ~.a x. ' 1':. PiONT ElEV4TiON ~ PN~,; ~ B_ O ~~ d: ~ ~I /~ ~: O ''h .. 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Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 10-4379 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 25th day of January, 2010, all as the same appears of record in my office and published in the Iowa City Press-Citizen on February 3rd, 2010. Dated at Iowa City, Iowa, this 11th day of March, 2010. ~. ~, Julie .Voparil Deputy City Clerk Printer's Fee $ 1--1 ~ , I CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, K d 6 ~ S„~ ftK-r7 being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of .which is hereto attached, was published in said paper__~ time(s), on the following date(s): FEa ~T,a~io Legal Cler Subscribed and sworn to be ore me this 3rd day of r A.D. 20 l L, ~ ~ ~ _ Notary Public A"~c LINDA. KROTZ ~ Commission Number 732619 My Commission Expires °w' January 27, 2011 J. ~ ~ ~, OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO. 10-4379 ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITLED "SPEED RESTRICTIONS," SUBSECTION B, ENTITLED "EXCEPTIONS." WHEREAS, the current Iowa City Code Section 9-3-F(B) variously defines the speed limits for portions of the Old U.S. Highway 218 and South Riverside Drive; and WHEREAS, the City wishes to amend the maximum speed limits by reducing certain portions from 50 miles per hour to 45 miles per hour and clarify the location where those limits apply; and WHEREAS, vehicle speed was a contributing factor in fifty-nine vehicle collisions between 2001 and 2007 in the corridor described above; and WHEREAS, it is in the public interest to reduce maximum allowable speeds for all vehicles on that certain portions of U.S. Highway 218 and South Riverside Drive described above. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," Section 6, entitled "Speed Restrictions," Sub-Section B, entitled "Exceptions" is hereby amended by substituting the following language under the headings of "Name of Street" and "Maximum Speed Limit (MPH)" and "Where Limit Applies": Maximum Speed Limit Name of Street MPH Where Limit A lies Old U.S. Highway 218 45 From the south city limits to the northern terminus of Old U.S. Hi hwa 218 South Riverside Drive 45 From the northern terminus of Old U.S. Highway 218 to a point 800 feet south of the intersection with U.S. Highway 6 and Iowa Hi hwa 1 South Riverside Drive 30 From a point 800 feet south of the intersection with U.S. Highway 6 and Iowa Highway 1 north to the intersection with U.S. Hi hwa 6 and Iowa Hi hwa 1 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, provi-sion 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, provi- sion or part thereof not adjudged invalid or unconsti-tutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective upon publication. Passed and approved this 25th day of January, 2010. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk 77392 February 3, 2010 ~ r STATE OF IOWA ) SS JOHNSON COUNTY ) ~~.®~~ ~t ~II~~ ~ ~-' 410 East Washington Street Iowa City, Iowa 5 2 240- 1 826 (319) 356-5000 (319) 356-5009 FAX www. icgov.org ~~~~~ -~..~ CITY OF IOWA CITY I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 10-4380 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 25th day of January, 2010, all as the same appears of record in my office and published in the Iowa City Press-Citizen on February 3rd, 2010. Dated at Iowa City, Iowa, this 11th day of March, 2010. c ~~. ~ Q-<-r-~tiu Ju i~e~Voparil Deputy City Clerk Printer's Fee $ ti I (~> l~: CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, __ ROB ~ SuJ~A-KTZ being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper ~ .time(s), on the following date(s): Legal Cl Subscribed and savor efore me this 3~ w day of A.D. 20~. ,~ 7 Notar Public ~p~xta LINDP. KROTZ a ~. Commission Number 732619 ' My Commission Expires ow- January 27, 2011 OFFICIAL PUBLICATION ORDINANCE NO. 10-4380 ORDINANCE AMENDING TITLE 7, "FIRE CODE", BY CREATING CHAPTERS,"HAZARDOUS MATERIALS AND TRANSPORTATION-RELATED INCIDENTS", TO ALLOW FOR RECOVERY OF COSTS ASSOCIATED WITH RESPONSE TO HAZARDOUS MATERIALS AND TRANSPORTATION-RELAT- ED INCIDENTS, AND ALLOW SUCH FEES FOR RECOVERY TO BE SET BY RESOLUTION. WHEREAS, the production or trans- portation of hazardous materials create an inherent hazard to the public and the environment; and WHEREAS, the Iowa City Fire Department provides services associated with responses to inci- dentsinvolving hazardous materials and motor vehicle accidents; and WHEREAS, said response services can be inordinately costly in terms of equipment used and damaged, and labor expended; and WHEREAS, the Fire Department wishes to establish fees to recover the actual costs of the response services for hazardous materials and transportation-related inci- dents; and WHEREAS, establishing and assessing such fees are in the best interests of the health, safety and welfare of the citizens of Iowa City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY 000N- CIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 7, entitled "Fire Department," Chapter 5, entitled "Hazardous Materials and Transportation-related Incidents" is hereby created as follows: 7-5-1: DEFINITIONS: HAZARDOUS MATERIAL: Any item or chemical which is a risk to public safety or the environment, and is regulated as such under the Hazardous Materials Regulations (49 CFR 100-180), the International Maritime Dangerous Goods Code, the Dangerous Goods Regulations of the International Air Transport Association, the Technical Instructions of the International Civil Aviation Organization, or the U.S. Air Force Joint Manual, Preparing Hazardous Materials for Military Air Shipments, all as amended. Such materials shall include, but are not limited to: chemicals which are car- cinogens, toxic agents, irritants, corrosives, sensitizers; agents which act on the hematopoietic sys- tem; agents which damage the lungs, skin, eyes, or mucous mem- branes; chemicals which are com- bustible, explosive, flammable, oxi- dizers, pyrophorics, unstable-reac- tive or water-reactive; and chemi- cals which in the course of normal handling, use, or storage may pro- duce or release dusts, gases, fumes, vapors, mists or smoke which may have any of the previ- ously mentioned characteristics. HAZARDOUS MATERIALS INCI- DENT: Any incident involving the presence of hazardous materials, as defined herein, whether the chemical or substance is in usable or waste condition. TRANSPORTATION-RELATED INCIDENT: Any response related to a means of conveyance or travel of passengers or goods. 7-5-2: FEES: The city council may, by resolution, establish fees and assess costs against involved parties related to the response to any hazardous materials incident or transportation- related incident. In the case of haz- ardous materials incidents, the costs will be assessed against the party who brought the hazardous materials to the scene, regardless of which party caused the need for emergency response. In the case of transportation-related incidents, costs will be assessed against the owner and/or operator of the motor vehicle requiring emergency response. SECTION II. REPEALER. All ordi- nances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 25th day of January, 2010. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk 77391 February 3, 2010 ~ r ~_._.®~~ ~In,~. '~ ~~~~~ -~...__ CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 10-4381 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 2nd day of February, 2010, all as the same appears of record in my office and published in the Iowa City Press-Citizen on February 10th, 2010. Dated at Iowa City, Iowa, this 11th day of March, 2010. ~. ~k~~{ Jufie K. Voparil Deputy City Clerk Printer's Fee $ -- ~ ~~ ~ ~ ~~. ~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, -13eei~ira, being duly sworn, say that I am the legal clerk of the IOWA ~ CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said ~ paper .time(s), on the following date(s): Legal Cler Subscribed and sworn to before me -;f this_ ~ ~ t ~^ day of~-~`-~~~- L~,..~;L A.Dr 20 ~~r a ~ Notary Public ~praca LINDP. KROTZ ~~~ Commission Number 732619 • ~` My Commission Expires ~or~ `.anuary27.2011 OFFICIAL PUBLICATION ORDINANCE NO. 10-4381 ORDINANCE AMENDING TITLE 13, ENTITLED "AIRPORTS AND AVIATION," CHAPTER 1, ENTI- TLED, "AIRPORT COMMIS- SION," TO PROVIDE THAT COM- MISSION MEMBERS SHALL BE RESIDENTS OF IOWA CITY. WHEREAS, Section 330.20 of the Iowa Code provides, in part, that the City Council shall appoint the members of the Airport Commission; WHEREAS, HF 552 amended Section 330.20 in 2009 to provide that each member shall be either a resident of the city or county estab- lishing the commission or "a resi- dent of a city or county is this state served by the airport;' WHEREAS, HF 552 further pro- vides that "at least three of the members of afive-member com- mission shall be residents of the city or county establishing the com- mission;" WHEREAS, Section 330.20 previ- ously provided that the members shall be "resident voters; WHEREAS, because the City is the only local governmental entity pro- viding financial support to the Iowa City Municipal Airport, all members of the Commission shall be resi- dents of Iowa City; and WHEREAS, it is in the City's inter- est adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY 000N- CIL OFTHE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 13, entitled "Airports and Aviation," Chapter 1, entitled "Airport Commission," Section 2, entitled, "Composition; Appointment; Term; Vacancies," is amended by deleting it in its entire- ty and substituting in lieu thereof the following new Section 2: The commission created by this chapter shall consist of five (5) members who shall be appointed by the mayor with the consent and approval of the city council. commission members shall be res- idents of Iowa Citv. Upon expira- tion of the current six (8) year terms, all appointments shall be for terms of four (4) years. Vacancies shall be filled in the same manner as original appointments are made. At the request of the airport com- mission and upon approval of the city council, the mayor may appoint a nonvoting, advisory commission member who resides outside the city boundaries. SECTION II. REPEALER. All ordi- nances 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, approvaf and publication, as provided by law. Passed and approved this 2nd day of February, 2010. s/Matthew J. Hayek, Mayor 77499 February 10, 2010 r ~:..®~~ ~nl1ir. ~ ' '"w®~~~ -~.a`_ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 5 2240-1 826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 10-4382 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 16th day of February, 2010, all as the same appears of record in my office and published in the Iowa City Press-Citizen on February 24th, 2010. Dated at Iowa City, Iowa, this 11th day of March, 2010. ~- Julie .Voparil Deputy City Clerk Printer's Fee $ `-i' ~ ~~ ~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, ~ d !~~ 5v~-P~T"L l~ia~x~-Be~i~ifls, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper ~ time(s), on the following date(s): FES ~~ ~o~v Legal Cler Subscribed and this ~ t-t`~'`' A.D. 20~_• Notarv Public Jp~.~ s LINDP. KR07Z ~t. Commission Number 73261 %~~ My Commission Expires o,w- January 27, 2G11_ sworn to before me ~i day of - OFFICIAL PUBLICATION ORDINANCE NO. 10-4382 AN ORDINANCE AMENDING TITLE 12, ENTITLED "FRANCHIS- ES", SECTIONS 12-5-1 ENTITLED "ELECTRIC FRANCHISE FEE" AND 12-5-2 ENTITLED "GAS FRANCHISE FEE" TO REPEAL THE TWO PERCENT (2%) FRAN- CHISE FEE AND ENACT A ONE PERCENT (1%) FRANCHISE FEE ON THE GROSS REVENUE OF THE FRANCHISEE MIDAMERI- CAN ENERGY COMPANY DERIVED FROM THE DISTRIBU- TION AND RETAIL SALE OF ELECTRICITY AND THE DISTRIB- UTION, DELIVERY AND RETAIL SALE OF NATURAL GAS BY MIDAMERICAN, OR OTHER NAT- URAL GAS PROVIDERS UTILIZ- ING THE DISTRIBUTION SYSTEM OF MIDAMERICAN, TO CUS- TOMERS WITHIN THE CURRENT OR FUTURE CORPORATE LIM- ITS OF THE CITY OF IOWA CITY. WHEREAS, Iowa City's current gas and electric franchises with MidAmerican Energy Company reserve to the City the right to impose a franchise fee on MidAmerican's gross revenue from the sale of electricity and natural gas; and WHEREAS, Senate File 478 enact- ed by the state legislature during the 2009 session legalized such a franchise fee; and WHEREAS, Senate File 478 requires the City, prior to adopting a franchise fee rate ordinance, to pre- pare and publish a Revenue Purpose Statement specifying the purpose or purposes for which the revenue collected from the fran- chise fee will be expended; and WHEREAS, by Ordinance No. 09- 4374 the City Council adopted a 2% franchise fee to be effective April 1, 2010; and WHEREAS, the City's franchise agreement with MidAmerican Energy requires 90 days notice of any franchise fee put into effect by the City; and WHEREAS, it is in the best interest of the City of Iowa City to repeal said 2% franchise tee and adopt, in lieu thereof, a 1 % franchise fee effective June 1, 2010; and WHEREAS, the Revenue Purpose Statement and notice of public hearing on this ordinance was pub- lished on January 28, 2010. NOW, THEREFORE, BE IT ORDAINED BY THE CITY 000N- CIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. TITLE 12, CHAPTER 5, ENTITLED "FRANCHISE FEES": is hereby amended by repealing Sections 12- 5-1 entitled "Electric Franchise Fee" and 12-5-2 entitled "Gas Franchise Fee" and substituting the following sections in-lieu-thereof. 12-5-1 Electric Franchise Fee Pursuant to Section 12-1-16 of the City's franchise agreement with MidAmerican Energy Company (hereinafter "Company"), there is hereby imposed upon the Company a franchise fee in an amount equal to one percent (1 %) of the gross revenue of the company, minus uncollectible accounts, derived from the distribution, delivery and retail sale of electricity by the company to customers within the current or future corporate limits of the city, commencing with gross revenue received on or after June 1, 2010. 12-5-2 Gas Franchise Fee Pursuant to Section 12-2-13 of the City's franchise agreement with the Company, there is hereby imposed upon the Company a franchise fee in an amount equal to one percent (1%) of the gross revenue of the company, minus uncollectible accounts, derived from the distribu- tion, delivery and retail sale of natu- ral gas by the company or other nat- ural gas providers utilizing the distri- bution system of the company, to customers within the current or future corporate limits of the city, commencing with gross revenue received on or after June 1, 2010. SECTION II. REPEALER. All ordi- nances and parts of ordinances in conflict with the provision oT 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 upon publication. Passed and approved this 16th day of February, 2010. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk 77554 February 24, 2010 ~ r :~III~ ~ ~~~~~ -.~.~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240- 1 826 (319) 356-5000 (319) 356-5009 FAX www. icgov. org STATE OF IOWA ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 10-4383 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 2nd day of March, 2010, all as the same appears of record in my office and published in the Iowa City Press-Citizen on March 10th, 2010. Dated at Iowa City, Iowa, this 2nd day of April, 2010. r.. JuITe- .Voparil Deputy City Clerk Printer's Fee $ ,33.3 3 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, ~oh-~ ~'w ~rz- . being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper .time(s), on the following date(s): ,~~~~ l D ,Z d ~D Legal Cle Subscr ed and sworn before me this 1 u~~ day of A,D. 20 1© Public ~a~.~s~ ~INDP. KRO z ~ Commission Number 732619 "~' h4y Commission Expires owe ~ ~ January 27, 2011 OFFICIAL PUBLICATION ORDINANCE NO. 10-4383 AN ORDINANCE REZONING APPROXIMATELY 132 ACRES OF LAND FROM COUNTY AGRICUL- TURAL (C-AG) ZONE TO INTERIM DEVELOPMENT - RESEARCH PARK (ID-ORP) ZONE FOR PROPERTY LOCATED NEAR THE INTERSECTION OF HIGHWAY 1 AND INTERSTATE 80 (REZ09- 00006) WHEREAS, Moss Green Development Corporation, here- after referred to as Applicant, is owner of approximately 60.67 acres of land located northwest of the interchange of Iowa Highway 1 and Interstate SO and has requested annexation of said land into the City of Iowa City; and WHEREAS, Neal N. Llewellyn and Hills Bank and Trust Company, Trustee of the Otologic Medical Services, PC401(k) Profit Sharing Plan FBO Guy E. McFarland own approximately 71.35 acres of land located northwest of the inter- change of Iowa Highway 1 and Interstate 80 and have consented to annexation of said land into the City of Iowa City; and WHEREAS, land annexed into Iowa City must have an appropriate City zoning designation according to the Iowa City Comprehensive Plan; and WHEREAS, the Comprehensive Plan indicates that the subject prop- erty is appropriate for future office and research park uses once road access and City services have been extended to the area; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and deter- mined that it complies with the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY 000N- CIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning designation of County Agriculture (AG) to Interim Development- Office Research Park (ID-ORP): LEGAL DESCRIPTION MOSS GREEN DEVELOPMENT CORPORATION: HILLS BANK & TRUST and NEAL N. LLEWELLYN: 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. 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 IV. REPEALER. All ordi- nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. 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 VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 2nd day of March, 2010. s/Matthew J. Hayek, Mayor Attest: s/Marian K, Karr, City Clerk 80901 March 10, 2010 ~ r j _~. _ ~'~ ~~~~ ~ ~ ®~~~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www. icgov.org STATE OF IOWA ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 10-4384 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 2nd day of March, 2010, all as the same appears of record in my office and published in the Iowa City Press-Citizen on March 10th, 2010. Dated at Iowa City, Iowa, this 2nd day of April, 2010. c ~ ~~~ ~ . Ju I K. Voparil Deputy City Clerk Printer's Fee $ ~~ . y 5 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, g.~~~ J uJ A-f~.TZ., ~~, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper ~ .time(s), on the following date(s): ,~1~R~ /d ~ ,2,d~0 Legal Cl Subscribed and sworn efore me this ~ E~~~ day of ~~ A,D. 20~. Notary Public Q11` ~ .. ' NDP. KROTZ Z? ~ ~ ~. ~ Number 732619 ~'~' ~ ,:v ~„~~~, ~~ ~~~i~n Expires I ~ ~~ o~w- - i 2;'11 OFFICIAL PUBLICATION ORDINANCE NO. 10-4384 ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, ENTITLED "TAXICABS," TO CLARIFY VEHICLE INSPECTION REQUIREMENTS. WHEREAS, the City Code implies, but does not specifically provide, that a vehicle shall not pass inspec- tion unless it complies with the City Code and the vehicle requirements in the Code of Iowa; and WHEREAS, it is in the public inter- est to adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY 000N- CIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 4 enti- tled "Vehicle Inspection Required," Subsection A, Paragraph 1 is amended by deleting the first para- graph and substituting the following: Each applicant for issuance or renewal of a taxicab decal shall submit, with the application, a cer- tificate of inspection issued by the city equipment superintendent or designee. Such certificate shali be valid for forty five (45) days from the inspection. Each vehicle governed by this chapter shall be subject to an annual inspection, and no vehi- cle shall pass inspection unless it complies with this chapter and the vehicle equipment requirements of the Code of Iowa. All inspections shall consist of the following: SECTION II. REPEALER. All ordi- nances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 2nd day of March, 2010. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr 80902 March 10, 2010 ~i~®~ ~~~~+I~il-~~~ ~.~_ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 10-4385 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 23rd day of March, 2010, all as the same appears of record in my office and published in the Iowa City Press-Citizen on March 31st, 2010. Dated at Iowa City, Iowa, this 19th day of May, 2010. \~ ~- Jull .Voparil Deputy City Clerk C5-~~.. ~ o - ~t 3 Ts~ Printer's Fee $ DS- g CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, R D~F~ Sf,v ~-r"Z- 1~~, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper ~ .time(s), on the following date(s): ~~y,~.r~ 3~, ZorO Legal Cler Subscribed and sworn to efore me this- ~L~ day of A.D. 20_~~. Notary Public ~P,, t a~ LINDA KROTZ ~ Commission Number 732619 • "` Mq Commission Expires o,r- 3anuary 27, 2011 OFFICIAL PUBLICATION ORDINANCE NO. 10-4385 AN ORDINANCE CONDITIONAL- LY REZONING APPROXIMATELY 5.05 ACRES LOCATED AT MOR- MON TREK BOULEVARD, SOUTH OF EAGLE VIEW DRIVE FROM COMMERCIAL OFFICE (CO-1) TO INTENSIVE COMMER- CIAL (CI-1). (REZ09-00011) WHEREAS, the applicant, Dealer Properties IC, LLC, has requested a rezoning of property located at Mormon Trek Boulevard, south of Eagle View Drive from Commercial Office (CO-i) to Intensive Commercial (CI-i); and WHEREAS, the Comprehensive Plan indicates that the area is ' appropriate for intensive commer- cial development; and WHEREAS. the Planning and Zoning Commission has reviewed the proposed rezoning and deter- mined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for landscape buffering and lighting restrictions; and WHEREAS, Iowa Code §414.5 (2009) provides that the City of Iowa City may impose reasonable condi- tions on granting an applicant's rezoning request, over and above existing regulations, in order to sat- isfy public needs caused by the requested change; and WHEREAS, the owner and appli- cant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropri- ate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY 000N- CIL 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 Commercial Office to Intensive Commercial: LEGAL DESCRIPTION Commencing at the East Quarter Corner of Section 20, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S00'OS'S4"W, along the East Line of the Southeast Quarter of said Section 20, a distance of 485.52 feet, to the Point of Beginning; Thence continuing S00'08'54"W, along said East Line 585.37 feet, to its intersection with the Northeasterly Right-of-way Line of Mormon Trek Boulevard; Thence Northwesterly, 710.98 feet, along said Northeasterly Right-of-way Line and a 1750.00 foot radius curve, concave Northeasterly, whose 706.10 foot chord bears N52'00'04"W; Thence N02'44'08"E, along said Northeasterly Right-of- way Line, 47.76 feet, to a point on the Southerly Right-of-way Line of Eagle View Drive; Thence N50'37'23"E, along the Southerly Right-of-way Line 38.38 feet; Thence Northeasterly, 312.12 feet, along said Southerly Right-of-way Line on a 467.00 foot radius curve, concave Southeasterly, whose 306.34 foot chord bears N71'03'41"E; Thence S89'47'31"E, along said Southerly Right-of-way Line, 181.27 feet; Thence S47'34'07"E, along said Southerly Right-of-way Line 29.76 feet; Thence S89'S1'06E, along said Southerly Right-of-way Line, 33.00 feet, to the Point of Beginning. Said tract of land contains 5.05 acres, more or less, and is subject to ease- ments and restrictions of record. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZON- ING 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 ordi- nance, 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 ordi- nances 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 Ordi-Hance shall be in effect after its final passage, approv-al and publication, as provided by law. Passed and approved this 23rd day of March, 2010. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk CONDITIONAL 20NING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and ILJ Investments, Inc (hereinafter "Owner"); and Dealer Properties IC, LLC (hereinafter "Applicant"); WHEREAS, Owner is the legal title holder of approximately 5.05 acres of property located at Mormon Trek Boulevard, south of Eagle View Drive; and WHEREAS, the Applicant with the Owner's consent has requested the rezoning of said property from Commercial Office (CO-1) to Intensive Commercial (CI-1); and WHEREAS, the Planning and Zoning Commission has deter- mined that, with appropriate condi- tions regarding landscape screen- ing, buffering, and lighting, the zon- ing is in conformance with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2009) provides that the City of Iowa City may impose reasonable ~ndi- tions on granting an applicant's rezoning request, over and above existing regulations, in order to sat- isfy public needs caused by the requested change; and WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are rea- sonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for neighborhood compatibility; and WHEREAS, the Owner and Applicant agree to develop this property in accordance with the terms and conditions of this Conditional Zoning Agreement. NOW, THEREFORE, in considera- tion of the mutual promises con- tained herein, the parties agree as follows: 1. ILJ Investments, Inc. is the legal title holder of the property legally described as follows: Commencing at the East Quarter Corner of Section 20, Township 79 ~~ ~ ~ ~ North, Range 6 West, of the Fifth Principal Meridian; Thence S00'OS'54"W, along the East Line of the Southeast Quarter of said Section 20, a distance of 485.52 feet, to the Point of Beginning; Thence continuing S00'08'54"W, along said East Line 585.37 feet, to its intersection with the Northeasterly Right-of-way Line of Mormon Trek Boulevard; Thence Northwesterly, 710.98 feet, along said Northeasterly Right-of-way Line and a 1750.00 foot radius curve, concave Northeasterly, whose 706.10 foot chord bears N52'00'04"W; Thence N02'44'08"E, along said Northeasterly Right-of- way Line,47.76 feet, to a point on the Southerly Right-of-way Line of Eagle View Drive; Thence N50'37'23"E, along the Southerly Right-of-way Line 38.38 feet; Thence Northeasterly, 312.12 feet, along said Southerly Right-of-way Line on a 467.00 foot radius curve, concave Southeasterly, whose 306.34 foot chord bears N71'03'41 "E; Thence S89'47'31 "E, along said Southerly Right-of-way Line, 181.27 feet; Thence S47'34'07"E, along said Southerly Right-of-way Line 29.76 feat; Thence S89'S1'O6E, along said Southerly Right-of-way Line, 33.00 feet, to the Point of Beginning. Said tract of land contains 5.05 acres, more or less, and is subject to ease- ments and restrictions of record. 2. The Owner and Applicant acknowledge that the City wishes to ensure cronformance with the princi- ples of the Comprehensive Plan and South Central District Plan. Further, the parties acknowledge that Iowa Code §414.5 (2009) pro- vides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the exist- ing 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 other require- ments of the zoning chapter, as well as the following conditions: a. 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, to run along the north 256 feet of the east property line. b. All exterior lighting shall be mounted at a height not to exceed 30 feet above grade. 4. The Owner and Applicant, and City acknowledge that the condi- tions contained herein are reason- able conditions to impose on the land under Iowa Code §414.5 (2009), and that said conditions sat- isfy public needs that are caused by the requested zoning change. 5. The Owner, 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. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant run- ning 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 succes- sors, representatives, and assigns of the parties. 7. 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. 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 Applicant's expense. Dated this 23rd day of March, 2010. CITY OF IOWA CITY s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk s/Mark Schneider By: ILJ Investments, Inc Q ~~ a~a~ s/David R. Billion By: Dealer Properties IC, LLC 80806 March 31, 2010 _~ r i ~~I ~~~ ''r'~'~~ -^t.ai~ CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www. icgov.org STATE OF IOWA ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 10-4388 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 23rd day of March, 2010, all as the same appears of record in my office and published in the Iowa City Press-Citizen on March 31st, 2010. Dated at Iowa City, Iowa, this 19th day of May, 2010. ~~, ~ Ju i oparil ~- Deputy City Clerk Printer's Fee $ S'3" CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, R o~~ ~~K-t~L l~ia~-Be~i~kr~~, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper ~ .time(s), on the following date(s): Legal Cler Subscribed and sworn to be)f~o~re Mme this day of :~/~~- A.D. 20 l0 Notar Public ~p,}`6 LINUA KROTZ Commission Number 732619 r~"~~. ' My Commission Expires '49ob> :anuary 27, 2011 OFFICIAL PUBLICATION ORDINANCE NO. 10-4386 ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTI- TLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED "COMMERCIAL USE OF SIDEWALKS," SECTION 5, ENTITLED, "USE BY MOBILE VENDORS," TO INCREASE THE VENDORS IN CITY PLAZA AND TO DECREASE THE MINIMUM HOURS REQUIREMENT. WHEREAS, regulating the public right-of-way by commercial busi- nesses ensures the safe movement of pedestrians and fair commercial use of the right-of-way; WHEREAS, section 10-3-5 present- ly provides that the City may issue six permits for mobile vending in city plaza and two permits on Iowa Avenue and requires specified hours of operation; WHEREAS, vendors prefer to be located on city plaza because there is more "foot traffic" than on Iowa Avenue; WHEREAS, decreasing the mini- mum hours of operation allows ven- dors more flexibility in operating their businesses; and WHEREAS, it is in the City's inter- est to increase the vendors in city plaza and to decrease the minimum hours requirement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 10, entitled "Use of Public Ways and Property," Chapter, 3,,. entitled "Commercial :Use of Sidewalks," Section 5, enti#led "Use by Mobile Vendors," is hereby amended by deleting Subsection A, Paragraph 2a in its entirety and by substituting in its place the following new paragraph: No more than eight (8) permits shall be issued each calendar year. All permits shall be issued for city plaza except that up to two (2) permits may be issued for the 100, 200, and 300 blocks of Iowa Avenue. 2. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 5, entitled "Use by Mobile Vendors," is hereby amended by deleting Subsection A, Paragraph 2c in its entirety and by substituting in its place the following new paragraph: At a minimum, mobile vendors shall operate from May 1 to October 1 from eleven o'clock (11:00) A.M. to two o'clock (2:00) P.M. Monday through Friday. 3. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 5, entitled "Use by Mobile Vendors," is hereby amended by is hereby amended by deleting Subsection A, Paragraph 21 in its entirety. SECTION II. REPEALER. All ordi- nances 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 mis- demeanor. SECTION IV. SEVERABILITY. If any section, provi-sion 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 23rd day of March, 2010. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk 80807 March 31, 2010 ~ r ~! ~lu~. ~ ' w~®~~~ --~a.a~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www. icgov.org STATE OF IOWA ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 10-4387 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 6th day of April, 2010, all as the same appears of record in my office and published in the Iowa City Press- Citizen on April 14th, 2010. Dated at Iowa City, Iowa, this 19th day of May, 2010. ~~~! Ju ~ .Voparil Deputy City Clerk Printer's Fee $ SCo- 4 ~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THF: IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, R D C~E~Z St.tJ ft~K'r'Z-- being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper ~ time(s), on the following date(s): A~P R i L l ~, ~,,.D !D Legal Cle Subscr ed and sworn to before me this_ /Y~ day of - A.D. 20~U .._. Notary Public ~µu LINDA KRO?Z , ~ ~ Commission Number 73261 ' MY Commission Exptes`" • ~ Janua 2? 2C11 OFFICIAL PUBLICATION ORDINANCE NO. 10-4387 ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTI- TLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 11, ENTITLED "FARMER'S MAR- KET," AND TITLE 4, ENTITLED "ALCOHOLfC BEVERAGES," CHAPTER 5, ENTITLED "PROHI- BITIONS AND RESTRICTIONS," TO ALLOW THE FARMERS MAR- KET TO TAKE PLACE ON WASH- INGTON STREET AND TO ALLOW THE SALE AND CON- SUMPTION OF ALCOHOL AT THE FARMERS MARKET. WHEREAS, the Farmers Market presently is limited to vendors sell- ing their products in Chauncey Swan parking ramp and Chauncey Swan Park; WHEREAS, vendors and others are interested in expanding the Farmers Market to Washington Street; WHEREAS, vendors and others are interested in allowing customers to buy and sample alcoholic bever- ages at the Farmers Market; and WHEREAS, it is in the City's inter- est to permit the Farmers Market to take place on Washington Street and to allow the sale and consump- tion at the Farmers Market. NOW, THEREFORE, BE IT ORDAINED BY THE CITY 000N- CIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 4, entitled "Akoholic Beverages," Chapter 5 entitled "Prohibitions and Restrictions," Section 3, entitled "Consumption or Possession in Public Places and City Buildings," is hereby amended by deleting Subsection A and insert- ing in lieu thereof the following new Subsection A: It shall be unlawful for any persons to consume or drink any alcoholic beverages on any public street, ground, highway, sidewalk, alley, or public right of way in the city, except at the Farmers Market or if said per- son has purchased said alcoholic beverage from an "authorized enti- ty", and is on an "authorized site", as those terms are defined in this section. A person shall not use or consume alcoholic beverages in any public place within the city, except premises covered by a license or permit, and when applica- ble apublic right of way easement agreement. 2. Title 4, entitled "Alcoholic Beverages," Chapter 5 entitled "Prohibitions and Restrictions," Section 3, entitled "Consumption or Possession in Public Places and City Buildings," is hereby amended by deleting Subsection B and insert- ing in lieu thereof the following new Subsection B: A person shall not consume or pos- sess an alcoholic beverage in a city park, except if said person has pur- chased said alcoholic beverage from an "authorized entity", and is on an "authorized site", as those terms are defined in this section. This subsection shall not apply to property within a city park that is leased to another entity for 99 years or more or the Farmers Market. 3. Title 4, entitled "Alcoholic Beverages," Chapter 5 entitled "Prohibitions and Restrictions," Section 5, entitled "Open Containers," is hereby amended by deleting Subsection B and inserting in lieu thereof the following new Subsection B: Possession Prohibited: It shall be unlawful for any persons to possess any open or unsealed bottle, can, jar or other receptacle containing an alcoholic beverage on any public street, ground, highway, sidewalk, alley, or public right of way in the city, except if said person has pur- chased said alcoholic beverage from an "authorized entity", and is on an "authorized site", as defined in this chapter. A person shall not possess any open or unsealed bot- tle, can, jar or other receptacle con- taining an alcoholic beverage in any public place within the city, except premises covered by a license or permit, and when applicable a pub- lic right of way easement agree- ment. This subsection shall not apply to the Farmers Market. 4. Title 10, entitled "Use of Public Ways and Property," Chapter 11, entitled "Farmers Market," Section 1, entitled "Definitions," is hereby amended by deleting the definitions of Farmers Market, Farmers Market Vendor, Grilling Site, and Stall and inserting the following new defini- tions: FARMERS MARKET: An open air market sponsored by the city that is intended to provide an opportunity for individuals to sell permitted items that are grown or produced by them, which conform to all applica- ble city, county and state health and safety provision, including state department of agriculture regula- tions. GRILLING SITE: A location desig- nated by the director that a grilling vendor is authorized to occupy in order to prepare and sell items con- sistent with the provisions of this chapter. STALL: A space designated by the director that a farmers' market ven- dor is authorized to occupy in order to sell items consistent with the pro- visions of this chapter. 5. Title 10, entitled "Use of Public Ways and Property," Chapter 11, entitled "Farmers Market," Section 3, entitled "Standards for Granting or Denying Authorization," is hereby amended by adding the following new Subsection F: If the person intends to sell alcohol, the person has obtained all neces- sary permits and licenses from the State of Iowa. SECTION II. REPEALER. All ordi- nances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provi-sion 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 6th day of April, 2010. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk 80830 April 14, 2010 r _~ _°~~ #:--~~ ~ ~ ~~~~~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www. icgov.org STATE OF IOWA ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 10-4388 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 6th day of April, 2010, all as the same appears of record in my office and published in the Iowa City Press- Citizen on April 14th, 2010. Dated at Iowa City, Iowa, this 19th day of May, 2010. Julie paril Deputy City Clerk Printer's Fee $ ~y , ail CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, Rob-+ER s.~ a~-rz-- being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper ~ time(s), on the following date(s): ~ ~ Le>?al Cler Subscribed and sworn before me this_ /~/`~ day of A.D.20 /D Notary Public ~ LINDA KROTZ,, ~ ~ Commission Nurr>ber73261 ' My Commission Expires Jan 27, 2011 ORDINANCE NO. 10-4388 ORDINANCE AMENDING TITLE 4, ENTITLED "ALCOHOLIC BEVER- AGES", CHAPTER 5, ENTITLED "PROHIBITIONS AND RESTRIC- TIONS", SECTION 8 ENTITLED "PERSONS UNDER 19 YEARS OF AGE IN LICENSED OR PERMIT- TED ESTABLISHMENTS" OF THE CITY CODE TO PROHIBIT PER- SONS WHO ARE UNDER "LEGAL ONE (21) YEARS OF AGE) FROM ENTERING OR REMAINING IN ESTABLISHMENTS WITI:j,I000R CONTROL LICENSES Oii WINE OR BEER PERMITS. BETWEEN THE HOURS OF 10:00 P.M. AND CLOSING. WHEREAS, the "legal age" to drink alcoholic beverages in the State of Iowa is twenty-one (21) years of age and said definition, as now or hereafter amended, is incorporated by reference in the City Code; and WHEREAS, the City Code currently provides that, unless otherwise exempted by law or ordinance, a person shall have attained nineteen (19) years of age or more to lawful- ly be on the premises between the hours of 10:00 p.m. to closing of any Iowa City establishment holding a liquor control license, a wine or beer permit, that authorizes on premises consumption; and WHEREAS, it is in the best interests of the citizens of Iowa City to change the bar entry age to "the legal age" which is currently twenry- one (21) years of age. NOW, THEREFORE, BE IT ORDAINED BY THE CITY 000N- CIL OF THE CITY OF IOWA CITY, IOWA:. Section I. AMENDMENT. Title 4, Chapter 5, Section 8 -entitled Persons Under 19 Years of Age in Licensed or Permitted Establishments -shall be amended by replacing "nineteen (19) years of age" wherever and however it appears within such Section 8 with "the legal age". Section II. REPEALER. All ordi- nances 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 adjudicated invalid or unconstitutional. Section IV. EFFECTIVE DATE. This Ordinance shall take effect June 1, 2010. Passed and approved this 6th day of April , 2010. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk 80831 April 14, 2010 r ~~.:.®~~ .,~®~~~ --~c.ai_ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 10-4389 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 10th day of May, 2010, all as the same appears of record in my office and published in the Iowa City Press- Citizen on May 19th, 2010. Dated at Iowa City, Iowa, this 7th day of June, 2010. Ju ~ .Voparil Deputy City Clerk Printer's Fee $ ~~ a •'~3 CERTIFICATE OF PUBLICATION STATE OF IOWA, ' JOHNSON COUNTY, SS: T$E IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, DEr,E ~ St,J A~T'Z ~a~~a-Be~i~iia, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper. / time(s), on the following date(s): -L~A~ !~T ,) olD Legal Cle Subscribed and sworn o before me this 1 ~' day of~~- A.D. 20 / y blic ~µ.<< LINDA KROTZ Commission Number 732619 z . ' My Commission Expires °W' ~anuarv 27. 2011 ORDINANCE NO. 10-4389 ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITLED "SPEED RESTRICTIONS," SUB- SECTION b, ENTITLED "EXCEP- TIONS." WHEREAS, the current Iowa City Code Section 9-3-6(B) does not define the speed limit for Taft Avenue between Lower West Branch Road and American Legion Road; and WHEREAS, the City wishes to amend the maximum speed limits by reducing the speed limit from 55 miles per hour (not posted) to 35 miles per hour and clarify the loca- tion where those limits apply; and WHEREAS, increased vehicle, pedestrian, and bicycle use from increased development are con- tributing factors in the corridor described above; and WHEREAS, it is in the public inter- est to reduce maximum allowable speeds for all vehicles on that por- tion of Taft Avenue described above. NOW, THEREFORE, BE IT ORDAINED BY THE CITY 000N- CIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. 1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," Section 6, enti- tled "Speed Restrictions," Sub- section B, entitled "Exceptions" is hereby amended by adding the fol- lowing language under the head- ings of "Name of Street" and "Maximum Speed Limit (MPH)" and "Where Limit Applies": Name of Street Maximum Speed Taft Avenue LimitfMPH) 35 Where Limit Anplies Between Lower West Branch Road and American Legion Road SECTION II. REPEALER. All ordi- nances 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 effective upon publication. Passed and approved this 10th day of May, 2010. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk 80426 May 19, 2010 r ~..:.®~~ ~In,~1~' '`t CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www. icgov. org STATE OF IOWA ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 10-4390 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 10th day of May, 2010, all as the same appears of record in my office and published in the Iowa City Press- Citizen on May 19th, 2010. Dated at Iowa City, Iowa, this 7th day of June, 2010. 5.;~k ,V c-,~.~;.; ~~ Julie-}K. Voparil Deputy City Clerk OFFICIAL PUBLICATION Printer's Fee $~;~~- CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: TIE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, RQ~~FZ ~~1~-KTZ_ l~iim~a-B~e~i~irla, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper_ / time(s), on the following date(s): ~yA~~ i~ ~ 1 Did Legal Clerl Subscribed and sworn to b fore me this ~~ ~'~ day of r;~ A.D.20 /_~_. Notary Public ~.~.~` LINDA KROTZ 'y C~~-~-~~IOnNumber732619 z . ' '' Pay :-,,.- ~~ission Expires °*' ~anaay 27, 2011 ORDINANCE NO. 10-4390 ORDINANCE AMENDING TITLE 1, ENTITLED "ADMINISTRATION," CHAPTER 4, ENTITLED "GENER- AL PENALTY," SECTION 2D TO PROVIDE THAT THE CIVIL PENALTY FOR OVER-000UPAN- CY OF A RENTAL UNIT BE $750.00 FOR FIRST VIOLATION AND $1,000.00 FOR SECOND AND SUBSEQUENT VIOLATIONS UNDER BOTH THE ZONING CODE AND THE HOUSING CODE. WHEREAS, in Ordinance No. 09-4332, City Council increased the civil penalties for violating the maxi- mum occupancy limits of dwelling unts under the Zoning Code to $750.00 for first violation and $1,000 for second and subsequent violations; and WHEREAS, the Housing Code also limits the maximum occupancy of dwelling units; WHEREAS, the current civil penal- ties for violating the maximum occu- pancy limits under the Housing Code is $250.00 for first violation, $500.00 for second violation, and $750.00 for third and subsequent violations; and WHEREAS, the civil penalties for over-occupancy should be the same regardless if a person is cited under the Zoning Code or the Housing Code; and WHEREAS, it is in the best interest of the City to raise the civil penalty for over-occupancy under the Housing Code to $750.00 for first violation and 1,000.00 for second and subsequent violations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY 000N- CIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 1, entitled "Administration," Chapter 4, entitled "General Penalty," Section 2, entitled "Civil Penalties for Municipal Infractions," Subsection D2 is hereby amended by deleting it in its entirety and adding the following new Subsection D2 in lieu thereof: The civil penalty for violation of sec- tions 14-2A-5, 14-2B-5, and 17-5- 19X1 shall be punishable as provid- ed in the tollowing schedule for each day a violation exists or con- tinues: First offense $ 750.00 Second and subsequent offense $1, 000.00 SECTION II. REPEALER. All ordi- nances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 10th day of May, 2010. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk 80425 May 19, 2010 ~ r r., ~.~. ®a7,~ ~III~ ~ ~w~~~ -~..~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa SZZ40-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 10-4391 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 1st day of June, 2010, all as the same appears of record in my office and published in the Iowa City Press- Citizen on June 9th, 2010. Dated at Iowa City, Iowa, this 8th day of July, 2010. ,\ Julie .Voparil Deputy City Clerk ' Q ~. \ ~~ ~, . ~ ~ ~3~ ~ ~~~ Printer's Fee $ '~z~Q~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, ~ ~G E R SI.y f~2r~ being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper ~ ,time(s), on the following date(s): ~f~tNE q.. _' 2 Di0 T'_' n Legal Cle Subscribed and sworn to before me this day Notary Public ~',.<< LINOA KROTZ a ~ Commission Number 732619 • ` MY Commission Expires o,~- .,January 27, 2011 OFF1CIRi: PU$LICATION ORDINANCE NO. 10-4391 ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULA- TIONS," CHAPTER 5, ENTITLED "MISCELLANEOUS OFFENSES," SECTION 2, ENTITLED "AGGRESSIVE PANHANDLING," TO PROHIBIT SOLICITING FOR MONEY IN LIMITED AREAS IN THE DOWNTOWN. WHEREAS, aggressive solicitation is disturbing and disruptive to citi- zens and businesses, contributes to the loss of access to and enjoy- ment of public places and also enhances the sense of fear, intimi- dation and disorder; WHEREAS, a confined, unwilling, and captive audience is susceptible to undue intimidation, pressure, and harassment from solicitors; WHEREAS, the City has an inter- est in protecting persons from intimidation and harassment, an interest in public safety, and an interest in the free flow of pedestri- an traffic; WHEREAS, solicitors on sidewalks near the entrance to a crosswalk cause pedestrians to cross streets at places other than crosswalks; WHEREAS, solicitors in close prox- imity to each other can impede pedestrian traffic and can be intimi- dating; WHEREAS, for purposes of under- standing and enforcing the restric- tions on soliciting in City Plaza, a/k/a the ped mall, it is preferable to allow soliciting in a certain area rather than restricting it by varying distances from sidewalk cafes, mobile venders, and the play- ground equipment; WHEREAS, this ordinance is not intended to limit any person from exercising their constitutional right to solicit funds, picket, protest or engage in other constitutionally protected activity but rather its goal is to protect citizens from the fear and intimidation that accompany certain kinds of solicitation that are unwelcome, to ensure the free flow of pedestrian traffic, and to encour- age economic vitality; and WHEREAS, it is in the best interest of the City to adopt this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY 000N- CIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 8, entitled "Police Regulations, Chapter 5, entitled "Miscellaneous Offenses," Section 2, entitled "Aggressive Solicitation," Subsection A, entitled "Definitions," is amended by adding the following new definitions: "City Plaza" is defined in section 10-5-2 of this code. "Crosswalk" is defined in section 9-1-1 of this code. "Zone 3 of City Plaza" means "zone 3" as that term is defined in section 10-5-2 of this code. 2. Title 8, entitled "Police Regulations, Chapter 5, entitled "Miscellaneous Offenses," Section 2, entitled "Aggressive Solicitation," Subsection A, entitled "Definitions," is amended by adding the following to the definition of "aggressive 3. Title 8, entitled "Police Regulations," Chapter 5, entitled "Miscellaneous Offenses," Section 2, entitled "Aggressive Solicitation," Subsection B, entitled "Illegal Activities," is amended by deleting it in its entirety and substituting the following new Subsection B in lieu thereof: B.In the "downtown" except for city plaza, it is illegal: 1. To solicit in an aggressive man- ner. 2. To solicit within ten feet (10') of the anchored or temporary fencing to a sidewalk cafe. 3. To solicit within ten feet (10') of any building. 4. To solicit within fifteen feet (15') of a crosswalk. 5. To solicit within twenty feet (20') of an automated teller machine. 6. To solicit within ten feet (10') of a mobile vendor. 7. To solicit within fifteen feet (15') of another solicitor. In city plaza, it is illegal: 1. To solicit in an aggressive man- ner. 2. To solicit in a location other than the area in Zone 3 as illustrated in the map below. 3. To solicit within fifteen feet (15') of a crosswalk. 4. To solicit within twenty feet (20') of an automated teller machine. 5. To solicit within ten feet (10') of a mobile vendor. 6. To solicit within fifteen feet (15') of another solicitor. 4. Title 8, entitled "Police Regulations, Chapter 5, entitled "Miscellaneous Offenses," Section 2, entitled "Aggressive Solicitation," Subsection C, entitled "Citations," is amended by deleting Subsection C in its entirety and substituting the following new Subsection C in lieu thereof: Except for soliciting in an aggres- sive manner, no person shall be cited under subsection B above unless the person engages in con- duct prohibited by said subsections after having been notified by a peace officer that the conduct vio- lates the City ordinance. SECTION II. VIOLATION. Any vio~ lotion of this ordinance shall be considered a simple misdemeanor punishable by a fine of $65.00. SECTION III. REPEALER. All ordi- nances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 1st day of June, 2010. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk 80203 June 9, 2010 soliciting": Using a sign to solicit that includes obscene, profane or abusive lan- guage ~~ `~ City Plaza `""°b'"°'°" ""°' Soliciting Area ~~ -- ^ c~ 0 o too o The names of businesses arc Cor purposes _ ~ p nFillusttming where anllciting is allowed .,.,,, in Clty Plara and where Is is prohibited. _ ____ _. 'fhc names are subject to change. Solidting is prohibited in Chy Plaza except m the areas marked by ~ or within; "1°• ' I. 20 feet of an ATM ,.,,.,,.. 2. SO test of a tnn611e vendor ,...w , 3. 15 (cet of another soliclror --- Planter C'~ ;~;2' rr,, ~ _ 6.J P/eve Cenler Onv cwW. V 1 __. ~ ~ Publl° Llbrery N -- S$ _~ ~ L~ ~ _.. ..- ~. ...... ,.~1 c .~.. I _ ___ _- .a+ -- --tom sns..r°n m PI .. r°w°.< 80203 June 9.2010 r ~In~1r. ~ -~"t.a~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240- I SZ6 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 10-4392 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 1st day of June, 2010, all as the same appears of record in my office and published in the Iowa City Press- Citizen on June 9th, 2010. Dated at Iowa City, Iowa, this 8th day of July, 2010. . k~\ ~ Julie . Voparil Deputy City Clerk ~.. lo- `t3~~ Printer's Fee $ ~ • ~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, 5S: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper ~ .time(s), on the following date(s): Tyne ~, ZD~d Legal Cle Subscri ed and sworn before me this ~ day o A.D.20 h y Public ~prare LINDA KROTZ a ~ Commission Number 732619 ' My.Commission Expires owa January 27, 2011 OFFICIAL PUBLICATION ORDINANCE NO. 10-4392 ORDINANCE AMENDING TITLE 17 OF THE CITY CODE, ENTI- TLED "BUILDING AND HOUS- ING," CHAPTER 1, ENTITLED, "BUILDING CODE," SECTION 3, ENTITLED "AMENDMENTS TO CODE," TO CHANGE THE EFFECTIVE DATE OF SECTION 313.1 OF THE INTERNATIONAL RESIDENTIAL CODE. WHEREAS, on December 1, 2009, the City adopted the 2009 edition of the International Residential Code ("IRC"), which is codified at section 17-1; WHEREAS, with limited exception, section 313.1 of the IRC requires that townhouses and one and two family occupancies protect light- weight materials such as trusses or engineered lightweight material in the structural floor or ceiling areas in a particular manner; WHEREAS, said section was adopted on the assumption that the State would be requiring sprinklers in single family homes and the State is no longer going to do require sprinklers in single family homes; WHEREAS, issues have arisen with the implementation of said section; and WHEREAS, it is in the City's best interest to amend the effective date of said section to allow time for a committee comprised of staff, the Greater Iowa City Area Home Builders Association the truss manufacturing industry, area fire departments, and other interested parties to discuss this issue and make further recommendation to City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY 000N- CIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 17, entitled "Building and Housing," Chapter 1, entitled "Building Code," Section 3, entitled "Amendments to Code," is amend- ed by deleting section 313.1 of the IRC in its entirety and substituting in lieu thereof the following: R313.1 Fire Protection Requirements for Townhouses and One Family and Two Family Occupancies. Effective January 3, 2011, Townhouses and One Family and Two Family Occupancies incor- porating designed lightweight mate- rials such as trusses or engineered lightweight material (including but not limited to wooden I-Beams, cold-form steel or light gauge bar joist trusses) in the structural floor or ceiling areas, shall protect the floors/ceilings areas with not less than _ -inch gypsum board with joints taped and fastener heads treated on the underside of the floor/ceiling system. Exception: 1.If the underside of a floor system is a crawl space where no com- bustible materials are stored. 2.If the townhouse has an automat- ic residential fire sprinkler system designed and installed in accor- dance with Section P2904. 3. If the one family and two family occupancies has an automatic resi- dential fire sprinkler systems shall be designed and installed in accor- dance with Section P2904 or NFPA 13D. SECTION II. REPEALER. All ordi- nances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 1st day of June, 2010. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk 80213 June 9, 2010 I r i ~III~ ~ ~®r~ll '~+'t.~_ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 10-4393 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 1st day of June, 2010, all as the same appears of record in my office and published in the Iowa City Press- Citizen on June 9th, 2010. Dated at Iowa City, Iowa, this 8th day of July, 2010. ~w-~ Julie .Voparil Deputy City Clerk Printer's Fee $ ~ .r~lo CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 Hi' ,being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper ~ published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper / ,time(s), on the following date(s): , T G q ..ZO t o Legal Cle Subscnri wed and sworn to before me this '~" ' day o A.D. 20~. ry Public ~'„~s LINDA KROTZ a ~ Commission Number 732619 ' My Commission Expires ow- January 27, 2011 J OFFICIAL PUBLICATION ORDINANCE NO. 10-4393 ORDINANCE AMENDING TITLE 6, ENTITLED "PUBLIC HEALTH AND- SAFETY," CHAPTER t0; ENTt'FLBD. ` "SMOKE FREE PLACES," TO PROHIBIT SMOK- ING THROUGHOUT CITY PLAZA AND NEAR SIDEWALK CAFES AND TO MAKE THE SMOKING PROWIBITION AT THE FARMERS MARKET CONSISTENT WITH THE EXPANSION IN HOURS AND LOCATION. WHEREAS, the Smokefree Air Act ("the Act"), which is codified at chapter 142D of the Code of Iowa, prohibits smoking in many public places; WHEREAS, the Act allows the City to declare additional areas within its custody or control, which are otherwise exempt under the Act, to be nonsmoking places; WHEREAS, the City previously declared a portion of City Plaza, a/k/a the ped mall, to be smoke free; WHEREAS, the City previously declared Chauncey Swan Ramp and Park to be smoke free begin- ning thirty (30) minutes prior to the Farmers Market; WHEREAS, smoking should be prohibited within ten (10) feet of all sidewalk cafes not in City Plaza; and WHEREAS, it is in the City's best interest to declare the entire City Plaza to be smoke free, to prohibit smoking within ten (10) feet of side- walk cafes located outside City Plaza, and to make the smoking prohibition during the Farmers Market consistent with the change in 'hours of the market and thy' expansion of the market onto Washington Street. NOW, THEREFORE, BE IT ORDAINED BY THE CITY 000N- CIL OFTHE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 6, entitled "Public Health and Safety," Chapter 10, entitled "Smoke Free Places," Section 1, entitled "Smoke Free Places Itemized," is amended by deleting Subsections B, C, D, O, and P in their entirety and substituting the following new Subsections in lieu thereof: B. Municipal Parking Ramps except in privately owned vehicles that are not located in the Chauncey Swan Parking Ramp during the Farmers Market as pro- vided in this Section. C. City plaza except the public alleys. "City plaza" is defined in section 10-5-2 of this code. D. The area between the public library and Linn Street including the sidewalk, as illustrated on the dia- gram below, and the area within ten feet (10') of a sidewalk cafe that is not in city plaza. "Sidewalk cafe" is defined in section 10-3-1 of this code. O. Farmers Market beginning thirty (30) minutes prior to the opening of the Farmers Market. "Farmers Market" is defined in section 10-11- 1 of this code. p~ ~ ~~ OFFICIAL PUBLICATION P. The area within fifty feet (50') of any outdoor stage or location where musicians are performing during any outdoor entertainment venues where members of the gen- eral public assemble to witness entertainment events, such as but not limited to Arts Fest and Jazz Fest. 2. The diagram at the end of Title 6, entitled "Public Health and Safety," Chapter 10, entitled "Smoke Free Places," Section 1, entitled "Smoke Free Places Itemized," is deleted in its entirety and the following new diagram is substituted in lieu thereof. SECTION II. REPEALER. All ordi- nances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 1st day of June. 2010. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk 80204 June 9, 2010 p~ . a `~ ~ alley Nonsmoking Places Apri12010 ~. +~ College Street __ . ~%~~ Designated nonsmoking area 80204 June 9, 2010 r _~ ~ ~_._.®~ :~nl~. `~ ' w~®~~~ --'l.a~_ CITY OF IOWA CITY 410 East Washington Street Iowa Cily, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 10-4394 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 1st day of June, 2010, all as the same appears of record in my office and published in the Iowa City Press- Citizen on June 9th, 2010. Dated at Iowa City, Iowa, this 8th day of July, 2010. ` k Julie . V~paril Deputy City Clerk Printer's Fee $ B CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, ~nr- E~ SSA Rrz being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper / .time(s), on the following date(s): Legal Cle Subscrri ed and sworn to efore me this ~ day o A.D.20 !~ Notary Public *r.~ a LINDA KROTZ - ~~ Commission Number 732619 • My Commission Expires ~- January 27, 2011 OFFICIAL PUBLICATION ORDINANCE NO. 10-4394 AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECT- ED EACH YEAR ON ALL PROP- ERTY LOCATED WITHIN THE MOSS GREEN URBAN VILLAGE URBAN RENEWAL AREA, IN THE CITY OF IOWA CITY, COUNTY OF JOHNSON, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF IOWA CITY, COUNTY OF JOHNSON, IOWA CITY COMMUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, REBATES, GRANTS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH SAID URBAN RENEWAL REDE- VELOPMNENT PROJECT. WHEREAS, the City Council of the City of Iowa City, Iowa, after public notice and hearing as prescribed by law and pursuant to Resolution No. 10-137 passed and approved on the 27th day of April, 2010, adopted an Urban Renewal Plan (the "Urban Renewal Plan") for an urban renew- al area known as the Moss Green Urban Village Urban Renewal Project Area, (the "Urban Renewal Project Area"), which Urban Renewal Project Area includes the lots and parcels located within the area legally described as follows: MOSS-GREEN URBAN VILLAGE A part of the subdivision of the Northeast One-Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, as recorded in Plat Book 1 at Page 11 in the Records of the Johnson County Recorder, Johnson County, Iowa, more particularly described as fol- lows: Lots Four (4), Five (5) and Ten (10) and the South nine (9) acres of Lot Six (6), and the South 12-1/2 acres of Lot Eight (8), all of the sub- division of Northeast Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, containing 60.67 acres, more or less; and All of the Northeast Quarter of the Southeast Quarter, apart of the Southeast Quarter of the Southeast Quarter lying North of the Interstate 80 Right-of-Way line and the East 63.75 acres of the West Half of the Southeast Quarter lying North of the Interstate 80 Right-of-Way line, all of said Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, being more particularly described as follows: BEGINNING at the East Quarter Corner of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 00°46'46" East, a distance of 1,980.54 feet to the North Right-of-Way line of Interstate 80; THENCE South 82°24'15" West, along the North Right-of-Way line of Interstate 80, a distance of 646.23 feet; P~ ` ~~ l ° ~;~u ,,~ THENCE continuing west along the North Right-of-Way line of Interstate 80, North 88°11'05" West, a dis- tance of 1,731.77 feet; THENCE North 00°54'55" West, a distance of 2,023.65 feet to the North line of the Southeast Quarter of said Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 89°41'57" East, along said North line of the Southeast Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, a distance of 2,376.88 feet to the POINT OF BEGINNING, containing 111.22 acres, more or less; and HILLS BANK & TRUST and NEAL N. LLEWELLYN: The Southwest Quarter of the of the Northwest Quarter of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa and that por- tion of The Southeast Quarter of the of the Northwest Quarter of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa lying West of Iowa Highway 1 (North Dodge Street) containing 71.35 acres, more or less. WHEREAS, expenditures and indebtedness are anticipated to be incurred by the City of Iowa City, Iowa in the future to finance urban renewal project activities carried out in furtherance of the objectives of the Urban Renewal Plan; and WHEREAS, the City Council of the City of Iowa City, Iowa desires to provide for the division of revenue from taxation in the Urban Renewal Project Area, as above described, in accordance with the provisions of Section 403.19 of the Code of Iowa, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCI OF THE CITY OF IOWA CITY, IOWA: Section 1. That the taxes levied on the taxable property in the Urban Renewal Project Area legally described in the preamble hereof, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District, and all other taxing districts from and after the effective date of the Ordinance shall be divid- ed as hereinafter in the Ordinance provided. Section 2. That portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing dis- tricts upon the total sum of the assessed value of the taxable prop- erty in the Urban Renewal Project Area, as shown on the assessment roll as of January 1 of the calendar year preceding the first calendar year in which the City of Iowa City certifies to the County Auditor the amount of loans, rebates, grants, advances, indebtedness, or bonds payable from the division of proper- ty tax revenue described herein, shall be allocated to and when col- lected be paid into the fund for the respective taxing district as taxes by or for the taxing district into which all other property taxes are paid. Section 3. That portion of the taxes each year in excess of the base period taxes determined as provid- ed in Section 2 of this Ordinance shall be allocated to and when col- lected be paid into a special tax increment fund of the City of Iowa City, Iowa hereby established, to pay the principal of and interest on loans, grants, rebates, monies advanced to, indebtedness, whether funded, refunded, assumed or otherwise, including bonds or obligations issued under the authority of Section 403.9 or 403.12 of the Code of Iowa, as amended, incurred by the City of Iowa City, Iowa, to finance or refi- nance, in whole or in part, urban renewal projects undertaken within the Urban Renewal Project Area pursuant to the Urban Renewal Plan, except that taxes for the pay- ment of bonds and interest of each taxing district shall be collected against all taxable property within the Urban Renewal Project Area without any limitation as herein- above provided. Section 4. Unless or until the total assessed valuation of the taxable property in the Urban Renewal Project Area exceeds the total assessed value of the taxable prop- erty in the Urban Renewal Project Area as shown by the assessment roll referred to in Section 2 of the Ordinance, all of the taxes levied and collected upon the taxable property in the Urban Renewal Project Area shall be paid into the funds for the respective taxing dis- tricts as taxes by or for said taxing districts in the same manner as all other property taxes. Section 5. At such time as the loans, grants, rebates, advances, indebtedness, bonds and interest thereon of the City of Iowa City, Iowa referred to in Section 3 hereof have been paid, all monies there- after received from taxes upon the taxable property in the Urban Renewal Project Area shall be paid into the funds for the respective tax- ing districts in the same manner as taxes on all other property. Section 6. All ordinances or parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be construed so as to fully imple- ment the provisions of Section 403.19 of the Code of Iowa, as amended, with respect to the divi- sion of taxes from property within the Urban Renewal Project Area as described above. In the event that any provision of this Ordinance shall be determined to be contrary to law, it shall not affect other provi- sions or application of the Ordinance which shall at all times be construed to fully invoke the pro- vision of Section 403.19 of the Code of Iowa with reference to the Urban Renewal Project Area and the territory contained therein. Section 7. This Ordinance shall be in effect after its final passage, approval and publication as provid- ed by law. Passed and approved this 1st day of June, 2010. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk 80214 June 9, 2010 P~ - a ~ ~ c~~.„~_ ~ r i -~- ®~~ ~ ~'' ~ ~ --~.a~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240- 1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 10-4395 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 15th day of June, 2010, all as the same appears of record in my office and published in the Iowa City Press- Citizen on June 23rd, 2010. Dated at Iowa City, Iowa, this 8th day of July, 2010. \w ~ J ~ .Voparil Deputy City Clerk ~,~, . ~ O - ~3 cl S-- Printer's Fee $ ~-t S.~S CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 ~iai~, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper ~ .time(s), on the following date(s): n Legal Clerk Subscribe and sworn to before me this ~ day o A.D. 20 r ~ _~ ~-y Public ~piar~ ~!NDA KRO?Z :° y Commission Number 732619 • INp Commission Expires o,r- Janua 27, 2011 OFFICIAL PUBLICATION ORDINANCE NO. 10-4395 AN ORDINANCE REZONING APPROXIMATELY 1.66 ACRES OF LAND FROM COUNTY AGRI- CULTURAL (C-AG) ZONE TO INSTITUTIONAL PUBLIC (P2) ZONE FOR PROPERTY LOCAT- ED AT 4265 OAK CREST HILL ROAD SE (REZ10-00002) WHEREAS, the Johnson County Agricultural Extension District, here- after referred to as Applicant, is owner of approximately 1.66 acres of land located at 4265 Oak Crest Hill Road SE has requested annex- ation of said land into the City of Iowa City; and WHEREAS, land annexed into Iowa City must have an appropriate City zoning designation according to the Iowa City Comprehensive ?Ian; and WHEREAS, the Comprehensive Plan indicates that the subject prop- erty is appropriate for public use; and WHEREAS, the Institution Public (P-2) zone provides reference to public uses of land owned or other- wise controlled by the State or Federal government and is not sub- ject to City development regula- tions; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and deter- mined that it complies with the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY 000N- CIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby reclassified fFOm its current zoning designation of County Agriculture (AG) to Interim Development- Office Research Park (ID-DRP): LEGAL DESCRIPTION A PORTION OF THE SOUTH ONE- HALF OF THE NORTHEAST ONE- QUARTER OF SECTION 28, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SECTION 28, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N00°00'00"E ALONG THE WEST LINE OF THE NORTH- EAST ONE-QUARTER OF SAID SECTION 28, A DISTANCE OF 1193.65 FEET TO A POINT ON THE WESTERLY EXTENSION OF THE NORTHERLY LINE OF A TRACT OF LAND SHOWN ON A PLAT OF PART OF THE NORTH- EAST ONE-QUARTER OF SEC- TION 28, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., JOHNSON COUNTY, IOWA AS RECORDED IN PLAT BOOK 4 AT PAGE 233 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE N86°43'02"E, ALONG SAID WEST- ERLY EXTENSION OF THE NORTHERLY LINE AND ALONG SAID NORTHERLY LINE, 1205.20 FEET. TO THE POINT OF BEGIN- NING; THENCE CONTINUING N86°43'02"E, ALONG SAID NORTHERLY LINE, 407.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF OAK CREST HILL ROAD SE; THENCE S01 °34'43"W, ALONG SAID WEST- ERLY RIGHT-OF-WAY LINE, 183.00 FEET; THENCE S87°03'36"W, 391.50 FEET; THENCE N03°16'58"W, 180.00 FEET TO THE POINT OF BEGIN- NING, CONTAINING 1.66 ACRES AND IS SUBJECT TO EASE- MENTS AND RESTRICTIONS OF RECORD. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordi- nance and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Applicant's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION IV. REPEALER. All ordi- nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. 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 VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 15th day of June, 2010. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk 77453 June 23, 2010 ~ r ~~~.....®~r„~ ~~~~~ --~c.a`_ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240- 1826 (319) 356-5000 (319) 356-5009 FAX wwev. iegov.org STATE OF IOWA ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 10-4396 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 12th day of July, 2010, all as the same appears of record in my office and published in the Iowa City Press- Citizen on July 21st, 2010. Dated at Iowa City, Iowa, this 9th day of August, 2010. ~~ ~~ ~ _ Julie .Voparil Deputy City Clerk .`'~~~'1 Printer's Fee $ ~ S . I CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, K D(~({ ,SKJPcRT2- being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper ~ ,time(s), on the following date(s): Legal Cle Subscribed and sworn t efore me this a~~~ day o A.D. 20 l0 Public •r,~e LINDA KROTZ i~ Commission Number 732619 • My Commission Expires ow- January 27, 2x11 OFFICIAL PUBLICATION 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 HIGH- WAY 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 commer- cial development; and WHEREAS, the Comprehensive Plan designates this area as an entryway to the City where aesthet- ic 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 entry- way to the City; and WHEREAS, the Planning and Zoning Commission has deter- mined that, with appropriate condi- tions regarding landscaping, buffer- ing, ar~J building and site design standards, the requested CI-1 zon- ing 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 condi- tions on granting an applicant's rezoning request, over and above existing regulations, in order to sat- isfy public needs caused by the requested change; and WHEREAS, the owner and appli- cant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropri- ate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY 000N- CIL 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 ADDI- TION, IOWA CITY, JOHNSON COUNTY, IOWA, IN A000R- DANCE WITH THE PLAT THERE- OF 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 NORTH- WEST 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°2742"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 INTERSEC- TION 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 EASE- MENTSAND 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 ZON- ING 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 ordi- nance, 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 ordi- nances 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. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk CONDITIONAL ZO1iNG AGREEMENT THIS AGREEMENT is mH de between the City of Iowa Ci:y ~~~ wa, a municipal corporation (hereinafter "City"); ILJ Investments, Inc. (for- merly Sneblen Farms, Inc.), James R. Davis, Robert A. Davis and Jan EIIen 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' con- sents, 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 entry- way to the City; and WHEREAS, the Planning and Zoning Commission has deter- mined that, with appropriate condi- tions regarding landscaping, buffer- ing, and building and site desiyn standards, the requested CI-1 zon- ing 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, m order to satisfy public needs caused by the requested change; and WHEREAS, ILJ Investments, Inc., Davis and Applicant acknowledge that certain conditions and restric- tions are reasonable to ensure the development of the property is con- sistent with the Comprehensive Plan; and WHEREAS, ILJ Investments, Inc., Davis and Applicant agree to devel- op this property in accordance with the terms and conditions of this Conditional Zoning Agreement. NOW, THEREFORE, in considera- tion of the mutual promises con- tained 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. 2The following "subject property" is now zoned Intensive Commercia'. (CI-1 ), subject to the conditions stated herein: LOTS 1, 2, 3, 4, 5, 6, 7, 8 AND OUTLOT "B" OF JJR DAVIS ADDI- TION, IOWA CITY. JOHNSON COUNTY, IOWA, IN A000R- DANCE WITH THE PLAT THERE- OF 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 NORTH- WEST 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 SO1°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 INTERSEC- TION 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 EASE- MENTS AND RESTRICTIONS AND RECORD. 3. ILJ Investments, Inc.. Da~~s 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 acknowl- edge 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 exist- ing 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 zon- ing chapter, as well as the following conditions: A. Prior to development of each lot legally described above a land- scape 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 build- ing within the land hereby rezoned, building elevations shat! be approved by the Director of Planning and Community Development. C. A 20-foot wide buffer land..caped 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 vis- ible from Highway 218 and the resi- dential properties to the south. D. Loading docks and receiving areas, garbage dumpsters, outdoor storage areas, mechanical equip- ment 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 visi- ble 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 con- crete masonry units, display win- dows, architectural metals or other materials used for decorative treat- ment. Architectural metals may include aluminum, stainless steel, copper or enamel panels with con- cealed 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. S.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 proper- ty 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 run- ning 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 b od all succes- sors, representatives-, and assigns of the parties. B.ILJ Investments, Inc., Davis, and The Owner and Applicant acknowl- edge that nothing in this Conditional Zoning Agreement shall be con- strued 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. Dated this 12th day of July, 2010. ~ ° 5~a~a ~ ~~ . i CITY OF IOWA CITY s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk ILJ Investments, Inc. By: s/Mark E. Schneider, President Dealer Properties IC, LLC By: s/David R. Billion, Manager/Member Davis s/Jan Ellen Smith s/Eric Smith, Spouse s/Robert A. Davis s/Path Davis, Spouse s/James R. Davis s/Barbara Davis, Spouse 194631 July 2' ?010 r ~r ::~III,~ ~ -~c.at~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 5 2240- 1 82 6 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 10-4397 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 12th day of July, 2010, all as the same appears of record in my office and published in the Iowa City Press- Citizen on July 21st, 2010. Dated at Iowa City, Iowa, this 9th day of August, 2010. ~`~ ~ J ~ .Voparil Deputy City Clerk Printer's Fee $ ID~.I 5 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, R o ~F~2, S~ /~Rr~ being duly sworn, say that I ain the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper- 1 .time(s), on the following date(s): ~~~ ~~, 1.010 Legal Cler Subscribed and sworn to be ore me this t day of A.D.20 /'0 ry Public ~p~.~ ~, LI NOA KROTZ a ~ Commission Number 732619 z . ' My Commission Expires °~' January 27, 2011 i i i OFFICIAL PUBLICATION ORDINANCE NO. 10-4397 AN ORDINANCE AMENDING THE IOWA CITY ZONING CODE, SECTION 14-4E-8, NONCON- FORMING 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 con- sistent with City policy, to protect the character of an area by reduc- ing the potential negative impacts from nonconforming situations, and over time, to bring development into compliance with the City's regula- tions while also providing for flexibil- ity and relief from the strict applica- lion of zoning provisions so that properties can continue in produc- tive use over time; and WHEREAS, the provisions in Section 14-4E-8, Nonconforming Development, are intended to pro- vide flexibility and in some cases relief from the current site develop- ment 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 stan- dards; and WHEREAS, it is necessary to pro- vide more flexibility and relief in cer- tain 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 proper- ty due to topography, location of existing buildings, or other site con- straints. NOW, THEREFORE, BE IT ORDAINED BY THE CITY 000N- CIL 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 substitut- ing in lieu thereof: A. General Provisions 1. Except as otherwise restricted, prohibited or allowed in this Article, a use or structure located ort a lot that contains nonconforming devel- opment may be converted to a dif- ferent use, enlarged or structurally altered, provided such change in use, enlargement or alteration does not increase or extend the noncon- formity and provided nonconform- ing development is brought into compliance or closer into compli- ance according to the provisions of this Section. 2. When a use is proposed for a property that contains nonconform- ing development, but which proper- ty has been without any principal use for one year or more, the prop- erty must be brought into compli- ance with all applicable site devel- opment standards as set forth in the base zone and in Chapter 14-5. However, requirements or stan- dards 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 exist- ing buildings, or other site con- straints, may be modified or waived by minor modification. The City may also waive or modify by minor mod- ification 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 build- ing(s) have been demolished or destroyed, but that contains non- conforming development, such as parking lot paving, exterior lighting, signage, etc, the property must be brought into gompliance with all applicable site development stan- dards 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 stan- dards, it must be brought into com- pliance with said standards. However, if meeting these stan- dards or requirements would not be feasible or practical or would undu- ly 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 modifi- cation. 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 dis- play areas along street-side lot lines according to the applicable screen- ing standard; b: Screening of existing parking, loading, outdoor storage and dis- play 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 con- structed 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 applica- ble standards. However, require- ments or standards that would not be feasible or practical or would unduly reduce the ability to use or re-use the property due to topogra- phy, location of existing buildings, or other site constraints may be modi- fied or waived by minor modifica- tion. The City may also waive or modify by minor modification any standard that cannot be met due to a conflict with any other require- ment of this Title. B. Deleting paragraph 14-4E-86-5 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 land- scaping and screening require- ments of the base zone, except as allowed in paragraph 1, above. However, requirements or stan- dards 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. The City may also waive or modify by minor modifica- tion 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 follow- ing screening and landscaping requirements: a. Screening and landscaping of any outdoor storage, work, or dis- play areas according to the provi- sions 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 vehic- ular 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 therecf- 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 land- scaping 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 practi- cal or would unduly reduce the abil- ity to use the property due to topog- raphy, location of existing buildings, or other site constraints may be modified or waived by minor modifi- cation. F. Deleting the introductory para- graph to Section 14-4B-1, Minor Modifications, and substituting in lieu thereof: 14-4B-1 Minor Modifications The Building Official or designee is empowered to grant minor modifi- cations from certain standards specifically enumerated below. Minor modifications provide a mechanism by which the specified regulations may be modified or waived if the proposed develop- ment meets certain criteria and con- tinues to meet the intended purpose of those regulations. Minor modifi- cation 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 sub- section B, below, are met. The approval procedures for minor mod- ifications are set forth in Article 14- 88 of this Title, Administrative Approval Procedures. G.Amending subsection 14-4B-1 A, by adding a paragraph 21, as fol- lows: 21. Modifications or waivers of non- conforming development according to the provisions set forth in 14-4E- 8, Regulation of Nonconforming Development. H. Deleting paragraph 14-46-1B-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 sub- ject regulation or which warrant a modification and/or waiver of the subject regulation. SECTION II. REPEALER. All ordi- nances 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. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk 194626 July 21, 2010 ~ r ~-'=V~'~ --~.~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 5 2 240- 1 82 6 (319) 356-5000 (319) 35b-5009 FAX www.icgov.org STATE OF IOWA ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 10-4398 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 12th day of July, 2010, all as the same appears of record in my office and published in the Iowa City Press- Citizen on July 21st, 2010. Dated at Iowa City, Iowa, this 9th day of August, 2010. r~ _ o~~~ ~ _,~.4 Ju i .Voparil V Deputy City Clerk q C --, ~ ~' ~ ~~ ~.~ ~ Q - ~ 3 1 O --- Printer's Fee $ ~o ~- k0 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper / .time(s), on the following date(s): ~1n c. ~ ~(~ ,I n ~ o Legal Cle Subscribed and sworn to before me this day o A.D.20 /~U Notary Public o"„~t LINDA KROTZ a ~ Commission Number 732619 ' My Commission Expires oW- January 27, 2011 OFrICIAL PUBLICATION ORDINANCE NO. 10-4398 AN ORDINANCE AMENDING THE IOWA CITY ZONING CODE, ARTI- CLES 14-51, SENSITIVE LANDS AND FEATURES, AND 14-9E, SENSITIVE LANDS DEFINITIONS, TO REFINE THE DEFINITION OF A REGULATED STREAM CORRI- DOR. WHEREAS, the intent of the City's Sensitive Areas Ordinance is to pro- tect 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 suspect- ed location of a stream or drainage- way, however, field verification sometimes reveals a drainageway that does not have the physical and functional characteristics of an actu- al stream corridor according to defi- nitions 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 pro- vide the flexibility for developers to design storm water management systems that will provide appropri- ate drainage, conveyance and stor- age 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 000N- CIL 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 man- agement 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 desig- nated ablue 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 water- course will not be considered a reg- ulated stream corridor, provided the absence of these defining charac- teristics 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: 1. A delineation of the stream corri- dor 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 por- tion of a blue line on the current U.S. Geological Survey Quadrangle Maps does not represent a water- course 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 water- course or portion of a watercourse will not be considered a regulated stream corridor for purposes of this Title. In such an event, a report pre- pared by said qualified professional must be submitted to the City that demonstrates to the satisfaction of the City that the subject water- course does not have the afore- mentioned 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, REGULAT- ED: Floodways designated on either the current federal emer- gency 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 II. REPEALER. All ordi- nances 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. p~ a~~ 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. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr. City Clerk 194627 July 21.2010 r r" =" °~~ --~a.as~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 5 2 240- 1 82 6 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 10-4399 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 12th day of July, 2010, all as the same appears of record in my office and published in the Iowa City Press- Citizen on July 21st, 2010. Dated at Iowa City, Iowa, this 9th day of August, 2010. ~ G Jt~tre-1~?. Voparil Deputy City Clerk cam-. ~ ~ -- ~ 3 ~, ~ ~ a ~-~,~v Printer's Fee $ ~~LD~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, R arm ~,~T~ being duly sworn, say that I am the legal clerk of the IOWA CITI' PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper / ,time(s), on the following date(s): ' Legal Cle Subsc ed and sworn o before me this day of A.D. 20_x_ I Notary Public ~p,.r~, LINDA KROTZ ~ Commission Number 732619 • My Commission Expires ow- January 27, 2011 ~ ~ ~ ~3 OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO. 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 LAMENDMENTS: 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: POTABi,E WATER USF, AND SERVICE: Meter Charge (nonrefundable) (16 3C-4) bye(( Meter Size (Inches) Charge tVnP of mortar anri ci~o• ' l including meter reading device - :r R900i ~- -- __~ 5/8", 5/8" x 3/4 $185.00 ~. __ _ !: 3/4., $210.00 3 i 1" $240.00 ,~ _ ti_ _ -_ ~ i ~ s u.T. ~ «.. _ ~, - _ ~ 1 1 /2" .. .._~.~.-_:._ W _... $375.00 E : . ........... ~ i 2„ ~ $480.00 Meter including meter readrng device 2 $560.00 Turbine Ecoder R900i I . _ 3„ ~. II ~. $820.00 -_-. ..___ _ __.___ ~__.~._~ ~ -__ _. _ ~_ _ __.. _ _...... Ji_. _ _ ~- ____ I 4" E' $1,235.00 6" ~' __$2,210.00--- ___W_ __ ____g,_ 9 Mete r, includin meter readin device- _ ~~ 2" $1,460.00 p Com ound Ecoder R900i is --- 3 I $1,985.00 4' _._ __.. _ $2,585.00 1 6" i $4,170.00 i ....... (....~ Water Service Charge (16-3A-4) for first 100 _ ~` Meter Size (Inches) ~ Charge .cubic feet or less of water used, based on mmeter size. ~ 5/8", 5/8" x 3/4 " $6 75 _ __ 3/4" $7 37 1 ,i ;_ _. .$8.69 E 1 ,/2 ~ i $17.34 ii 2° $23 30 3" $43.06 ;1 =„ _ .r_ 4 ~ $75.13 fi Ij 6" 151.17 There will be no minimum monthly charge for a single purpose water meter for the months November to March if no water is used. mm .___ -_- ~ User charges for water in excess of 100 cubic feet per month: Monthly Usage Fee per j 100 cubic feet +,i -~ --~~: _:~ -.. -~:- W __ ..__ =: Dual purpose meters: 101- 3,000 $2.99 Over 3,000 X2.15 'Single purpose meters: Over 100 $2.99 _.... .. ._............- _.,l ._ ............. -.._._-.- - -..... 'Other Charges and Discounts: y Amount _.____~~ Returned check/automatic bank debit for payment of city utility services: $25.00 :Discount for combined accounts enrolled in SurePa er billin ', $1.00 ~........_. ........... ._......._....._.. ........... ......._..... ._._........ .........__.. .... ._........._ 'i .....__.. _ ...._.. _.... _ : ........_ .. ._..W Temporary Water Use (16 3A-46) Dunng construction for the first 90 ,~ days from the date of the connection to the water main for a new water j ',service or a maximum of 90 days for reconstruction: i OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICATION Single and two family residences, per month ~~ $15.00 Multi-family residences, per month $15.00 ~ Commercial structures, per month _ -~f Ir- ^ $25.00 -- -:_ _._,- ~--. ~ _~ - Temporary Water Use after 90 days for any structure, per month, until the `~ ~ $100 00 llwater meter is installed ` Direct urchase of water fee, er 200 allons or fraction thereof (16 3A~~ P P 9 4CV $0.55 ,Deposit and delinquency fee for combined city water and/or s anitary sewer and/or solid waste collection accounts (16-3A-5): Residential owner account ____ E ( E $0.00 ~.~._ Residential tenant account $80.00 Commerdal account An amount equal to an average two month billing for commercial j service for city water I and/or sanitary sewer . jiservice ,::.... .:::::::: Five percent delinquency charge on current billed portion of the outstanding amount on combined water and/or sanitary sewer and/or solid waste accou nt that is not paid within 22 days of billing date. Delinquency deposit fee for combined water andior sa nitary sewer and/or ~ An~amount equal to an solid waste collection accounts (16-3A-5) N verage two month a =billing for the delinquent r '.'account ~: Extension of motor feeder lines (oversizing) ,: ~~ $395 00 per acre =dWater Main Installation and II "connection fees: ii ~, _.__ ,. Size: Cost per linear foot ~~=== '~ 6 $20.10 ~: $22.35 10° $26.80 12' $33.20 - - [ ~~ ~- 16" ;l $44.00 , i! ~::, ~ :?I ~~ a ~3 G'~~~v~~, e~ 3~3 Service Fees: __ 3 Additional Service Fee Dunng Normal Working ~~ Fee After Normal Working Hours** Hours jf Reconnection of discontinued service ~~ ~~~ _ ~ $35.00 ~r $70.00 Rosting fee for shutting off water in coiVection procedure 535.00 Not done after normal jl working hours -:::: ;Frozen Water Meters $35.00, plus cost , $70.00 plus cost of ~ of meter ~~ meter leak ~Shut off water service at uurb and check for exterior ~ 1 No charge ~ $70.00, plus hourly rate ~~ ~~ of overtime over 2 1 i > ~ hours ,Broken Or Damaged Hydrant Repair Cost $70.00, plus repair cost 3 ~ .- Location of city-owned water main far other utilities _ _... No charge No charge ii ij ::Location of city owned water main for private enterprise No charge 1$70.00, plus hourly r. of overtime over 2 ~~ hours 'Check water meter for accuracy at consumer's request $62.00 i Not done after normal working hours ~: ..~ :: Annual fire hydrant fee for inspection and operation of fire hydrants $88.00 1, Not done after normal which are privately owned or owned by other government agencies ' working hours -_W._ -- ~_~-~ '"This fee is in addition to any fees charged for work done during normal working hour. The Water Droision'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 Ill. SERVERABILITY. [f 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. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk 194628 July 21, 2010 t ~~'~-~~ ~` ~.`*-+,wr W,~~~ -.~.~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 5 2240-1 826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 10-4400 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 12th day of July, 2010, all as the same appears of record in my office and published in the Iowa City Press- Citizen on July 21st, 2010. Dated at Iowa City, Iowa, this 9th day of August, 2010. `` .\Voparil Deputy City Clerk Printer's Fee $~- ~~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, R o~ .•2, Sr,~~T~ ~~-Bey, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper ~ time(s), on the following date(s): 'til C.r `~ Z I 2 D c 0 Legal Cle - Subscribed and sworn o before me this / day of A.D.20_ ~~ Notary Public ~prac~, LINDA KROTZ ~ ~ Commission Number 732619 My Commission Expires °w` January 27, 2011 OFFICIAL PUBLICATION ORDINANCE NO. 10-4400 ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTI- TLED "PUBLIC WAYS AND PROPERTY," CHAPTER 9, ENTI- TLED "PARKS AND RECRE- ATION REGULATIONS" TO REG- ULATEDTHE 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 inter- est 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 000N- CIL 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 fol- lowing new Subsection K: Commercial Use: No commercial use of City parks is allowed except as approved by the Director. SECTION II. REPEALER. All ordi- nances 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 mis- demeanor. 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 12th day of July, 2010. s/Matthew J. Hayek, Mayor Attest: s/Marian K.. Karr, City Clerk 194629 July 21, 2010 ~ r ~t ~III~ ~ -+~a.a~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 10-4401 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 31st day of August, 2010, all as the same appears of record in my office and published in the Iowa City Press-Citizen on September 8th, 2010. Dated at Iowa City, Iowa, this 1st day of October, 2010. Julie .Voparil Deputy City Clerk Printer's Fee $ ~3 ~ l B CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, R n r-~ ~ Sw a-Kr Z ~i'a~-Beer, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper ~ .time(s), on the following date(s): S F~P-~~.~ B ~ K ~ I ~2 010 Legal Cl Subscribed and sworn to before me this ~ -~ day o A.D.20~~ Public ~4iac aP LINDA KROTZ ~ Commission Number 732619 z • M Commission Expires `ion ~.._.I .~ y Januai~/ 27..'011 OFFICIAL PUBLICATION ORDINANCE NO. 10-4401 ORDINANCE AMENDING TITLE 3, ENTITLED "CITY FINANCES, TAXATION AND FEES," CHAP- TER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENAL- TIES," SECTION 3-4-5, ENTI- TLED "SOLID WASTE DISPOS- AL," OF THE CITY CODE TO INCREASE OR CHANGE CER- TAIN SOLID WASTE CHARGES. WHEREAS, pursuant to Chapter 384, Code of Iowa (2009), the City of Iowa City provides certain solid waste collection and disposal serv- ices; and WHEREAS, it is in the public inter- est to increase certain fees and charges associated with said solid waste collection and disposal serv- ices; and WHEREAS, the Iowa City City Council proposes to increase resi- dential 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 000N- CIL 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 ordi- nances 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 31 st day of August, 2010. s/Matthew J. Hayek, Mayor s/Marian K. Karr, City Clerk 81165 September 8, 2010 _~ r i ~~® _ ~~ ''W'®~~~ -~.ai_ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 5 2 240-1 826 (319) 356-5000 (319) 356-5009 FAX www. icgov.org STATE OF IOWA ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 10-4402 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 31st day of August, 2010, all as the same appears of record in my office and published in the Iowa City Press-Citizen on September 8th, 2010. Dated at Iowa City, Iowa, this 1st day of October, 2010. C~ \~ ~, Julie .Voparil Deputy City Clerk ~. ~ Printer's Fee ~ 13a ~ ~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, R o ~E(~ ~I,~,q-Q.-rz.. being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper j .time(s), on the following date(sp): S~ PT'EA~t B E~ g ~2- ~ ( ~ Legal Clerk Subscribed and sworn to before me this ~ day of A.D. 20_x_. ry Public LINDA KRrJTZ ~vu c s~ ~ Commission Number 73261 :~~" I ~~;y Commission EX(rlreS ? 1 IpyP ~. .~~-Jalllld~~ ~„~~ - OFFICIAL PUBLICATION ORDINANCE NO. 10-4402 ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 1, ENTITLED "GENER- AL LICENSING PROVISIONS" AND CHAPTER 2, ENTITLED "TAXICABS" TO CLARIFY REVO- CATION PROCEDURES, RATE PROVISIONS AND DRIVER BADGE PROVISIONS TO PLACE RESPONSIBILITY FOR ISSUANCE OF AN IDENTIFICA- TION CARD AND DRIVER LIABIL- ITY INSURANCE ON THE TAXI- CAB BUSINESS. WHEREAS, City Code section 5-1 establishes application, issuance and revocation provisions, and 5-2 establishes regulations for taxicabs and drivers; and WHEREAS, City Council wishes to clarify revocation procedures, update insurance language provi- sions, place the responsibility for insuring individual taxi drivers and securing driver liability upon the taxi company, and clarify rate provi- sions; and WHEREAS, it is in the best interest of the City to adopt new regulations for "taxicabs". NOW, THEREFORE, BE IT ORDAINED BY THE CITY 000N- CIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 5, entitled "Business and License Regulations," Chapter 1, entitled "General Licensing Provisions," is hereby amended by deleting it in its entirety and adding a new Chapter 1, entitled "General Licensing Provisions" as follows: 5-1-1: LICENSE OR AUTHORIZA- TION REQUIRED: It shall be unlawful for any persons to engage in any business for which a license or authorization is required by this title or any other provision of this code without first obtaining a license or authorization and paying the license fee therefore as prescribed for such business by this title or other provisions of this code. 5-1-2: APPLICATION FOR LICENSE OR AUTHORIZATION: A. All persons who are required under any ordinance of the city to procure a license or authorization for the purpose of engaging in any business or vocation shall first make application to the city clerk for such license or authorization, except as othervvise provided. B.It shall be unlawful for any person to knowingly misrepresent, falsify or conceal any information required by the city in any form of application for a license or authorization required in the ordinances of the city. It shall be unlawful for any person to know- ingly orally misrepresent, falsify or conceal any material information requested by any duly authorized officer or employee of the city in connection with the granting of any license or authorization required by the ordinances of the city. 5-1-3: ISSUANCE OR DENIAL OF LICENSE OR AUTHORIZATION: All licenses or authorizations shall be issued by the city clerk or designee, and a record thereof kept by the city clerk or designee. The city clerk or designee may refuse to grant a license or authorization in any- case based on health, safety and public welfare concerns. 5-1-4: RESERVED: ~~ ~ ~ ~. 5-1-5: REVOCATION OF LICENSE OR AUTHORIZATION: The city clerk may revoke any license or authorization issued under the provisions of this title, after proper hearing before the city manager or designee, by sending written notice of said hearing by regular mail to the taxicab business or driver at the last known address not less than five (5) calendar days before the date of said hearing; or by personal delivery with seventy- two (72) hours notice of date of said hearing, for any of the following causes: 1. Any misrepresentation on the application for license or authoriza- tion. 2. Violation of any federal, state or local law. 2. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs" is hereby amended by deleting the following subsections in their entirety and adding new subsections as follows: 5-2-1: DEFINITIONS: As used in this chapter, the follow- ing definitions shall apply: AIRPORT SHUTTLE: A vehicle fur- nishedwith adriver that carries pas- sengers for hire exclusively on a route that either starts at or ends at the Eastern Iowa Airport or the Quad Cities Airport. APPLICANT: A person or entity wishing to operate as a taxicab business within the corporate city limits or a person wising to drive a taxicab. CHARTER TRANSPORTATION: A vehicle furnished with a driver that carries passengers for hire either on a fixed route in the city or pursuant to a written contract with reserva- tions at least twenty four (24) hours in advance of the service. The vehi- cle shall operate without a meter installed and charge for services on an hourly basis or longer periods of time. DECAL: A sticker issued by the city clerk for each vehicle operated by a taxicab business. DESTINATION RATE: A flat fee charged by a taxicab business to carry a fare from one specified geo- graphic location to another speci- fied geographic location that is applicable at all times and on all days. DRIVER: A person who is author- ized by the city to drive a taxicab. HORSEDRAWN VEHICLE: Any vehicle operated or pulled by a horse, furnished with a driver and carrying passengers for hire within the city, and operates without a taximeter. LICENSE: Written permission by the City to operate a taxicab busi- ness. MANIFEST LOG: A daily record prepared by a taxicab driver of all trips made by said driver showing time and place of origin, destination, number of passengers, and the amount of fare of each trip. PEDICAB: A vehicle propelled exclusively by human power through a belt, chain or gears, hav- ing two (2) or more wheels, fur- nished with a driver and carrying passengers for hire. It shall be equipped with properly functioning front and rear lights for nighttime operation, right and left rearview mirrors and right and left turn sig- nals, and operates without a taximeter. RATE CARD: A card containing the the city clerk. Such application shall maximum fare rates and complaint be verified under oath and shall fur- procedure, and filed with the city Wish the following information: clerk.. 1. The name and address of the STREET: Any street, alley, court, person. lane, bridge or public place within 2. The experience of the person in the city. TAXICAB: All vehicles furnished the transportation of passengers. 3. The person's record of convic- with adriver that carry passengers Lions of misdemeanors and/or for hire within the city, including, but felonies, including moving and non- not limited to, taxicabs, pedicabs, moving traffic violations, and certi- horsedrawn vehicles, and airport Pied state of Iowa criminal history shuttles. "Charter transportation" as and certified state of Iowa driver's defined in this section and a vehicle record. owned or operated by any govern- 4. Motorized taxicab drivers shall mental entity that provides public possess a currently valid Iowa transportation are not taxicabs. chauffeur's license. TAXICAB BUSINESS: A person or 5. Such further pertinent information entity that provides taxicab services as the city may require. originating within the corporate lim- C. Issuance Or Denial Of its of the City of Iowa City. Authorization: TAXICAB SERVICES: All activities 1. Ii the city clerk finds that the conducted as part of or in further- applicant has fully complied with the ante of a taxicab business. requirements of this Chapter and TAXIMETER: A device attached to the Police Chief or Chief's Designee a taxicab that automatically calcu- has determined that there is no lates at a predetermined rate or information which would indicate rates and indicates the charge for that authorization to drive a taxicab hire of a vehicle. would be detrimental to the safety, 5-2-3: LIABILITY INSURANCE health or welfare of residents of the REQUIREMENTS. city, the city clerk shall authorize the q, Requirements: individual to drive a taxicab. Names 1. As a condition to receiving ataxi- of authorized drivers will be made cab business license or a vehicle available in the office of the city decal, the applicant shall file with clerk during regular business hours the city clerk evidence of liability and on the city website 24 hours a insurance coverage via a certificate day, seven days a week. of insurance which shall be execut- 2. The refusal to authorize a person ed by a company authorized to do to be a driver must be based on an insurance business in this state and adverse driving record and/or con- be acceptable to the city. The taxi- viction of other crimes or, in the cab business must file with the city case of a horsedrawn vehicle oper- clerk one certificate of insurance ator, failure to demonstrate ability to listing all vehicles. control the animal and vehicle in 2. The taxicab business shall insure traffic. each driver. 3. The minimum limits of the taxicab D. Each driver, while operating a taxicab in the city, shall prominently business policy and the individual wear on the driver's person an iden- driver's policy shall be determined tification card provided by the taxi- by city council resolution. cab business showing the full name 4. The cancellation or other fermi- of the driver and the taxicab busi- nation of any insurance policy or Hess. certificate shall automatically 5-2-7: RATES; HOURS; COM- revoke and terminate the licenses PLAINTS: issued for the taxicab business and q. Display Of Rate, Hour and the vehicles covered by such insur- Complaint Procedure Card: ante policy, unless another policy, 1. Each taxicab shall have promi- complying with this chapter, shall be nently displayed a rate card visible provided and in effect at the time of to all passenger seats, and each such cancellation or termination. driver shall provide a copy of said The city clerk shall immediately card to a passenger, when request- issue written notification of the revo- ed. A copy of the rate card shall be cation of all licenses for the taxicab filed with the City Clerk. The rate business and the vehicles covered charged must be in accordance with by such insurance which is can- the rate card on file with the City celed or terminated. All decals must Clerk. be returned to the city clerk. 2. The rate card shall contain the Subsequent issuance of business following language: "Complaints licenses and decals will be in actor- regarding this taxicab's compliance dance with the terms of this Chapter with applicable regulations may be and at the applicant's expense. 5-2-6: DRIVER REQUIREMENTS: directed to the Iowa City Police A.No person shall operate a taxicab Department on the form available at the Department located at 410 E. without authorization of the city Washington Street, Iowa City, Iowa clerk. No taxicab business shall 52240 (319) 356-5275." allow a person to drive a taxicab 3. Rates must be based on time, unless the driver has the authoriza- distance, or a combination thereof. lion of the city clerk. A rate based on distance includes B. Each person desiring to drive a destination rates. All other rates, taxicab shall file an application with charges, or fees, except for extra rider stipulations and clean up rates are prohibited. ~ ~- a ~ 5-2-6: VEHICLE REQUIREMENTS: B. Lighted Dome: Every motorized taxicab shall have a lighted dome attached permanently to the exteri- or roof of the vehicle with lettering that identifies the vehicle as a taxi- cab visible from the front and back of the vehicle. The lighted dome shall be a minimum size of twelve inches by one inch by three inches (12" x 1" x 3"). In the event the city equipment superintendent or designee determines that the per- manent attachment of a dome to the exterior roof is not possible, the city equipment superintendent or designee may approve an alterna- tive placement. Airport shuttles are exempt from the lighted dome requirements. 5-2-10: TERMS OF DECALS AND AUTHORIZATION; RENEWALS: A. Taxicab business licenses shall be valid for one year. They shall commence on March 1 or the date of issuance, and shall expire on the last day of February. B. Driver authorization shall be valid for a period of one year from date of issuance or the remaining period of chauffeur's license if under one year. C.Decals shall be valid for one year. They shall commence on March 1 or the date of issuance and shall expire on the last day of February. D. Renewals shall follow the same procedure asset for initial issuance. E. Fees for licenses and decals shall be set by resolution of the City Council. 5-2-12: Airport Shuttles: This section should be deleted in its entirety and the section number "reserved" for future use. SECTION 11. REPEALER. All ordi- nances 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 upon publication. Passed and approved this 31st day of August, 2010. Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk 81166 September 8, 2010 ~ r 1 ~:,.®~r~ ~In~lr. ~ '~•~~-•.''W' aO "~ -~.a.__ CITY OF IOWA CITY 410 East Washington StreeC Iowa Cih', Iowa 5 2 240- 1 826 (319) 356-5000 (319) 356-5009 FAX www. icgov. org STATE OF IOWA ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 10-4403 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 31st day of August, 2010, all as the same appears of record in my office and published in the Iowa City Press-Citizen on September 8th, 2010. Dated at Iowa City, Iowa, this 1st day of October, 2010. C; \~ ~ ~~ ~ Ju ~ .Voparil ~- Deputy City Clerk Printer's Fee $ ~ D . (o CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, 5S: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, ~ d l~£~ ~ /4QT Z. being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper l .time(s), on the following date(s): SF~P-rE ,,K 8 t~ 8 ~ 1.6 t v Legal Cle Subsc ed and sworn to before me this ~'' day of A.D. 20 l~ Notary Public GAP"`cc LINDA KROTZ I ~ Commission Number 732619 ow. My Commission Expires January 27, 2011 OFFICIAL PUBLICATION ORDINANCE NO. 10-4403 ORDINANCE AMENDING TITLE 17 OF THE CITY CODE, ENTI- TLED "BUILDING AND HOUS- ING," CHAPTER 1, ENTITLED, "BUILDING CODE," SECTION 3, ENTITLED "AMENDMENTS TO CODE," TO DELETE SECTION 313 OF THE INTERNATIONAL RESIDENTIAL CODE. WHEREAS, on December 1, 2009, the City adopted the 2009 edition of the International Residential Code ("IRC"), which is codified at section n-1; WHEREAS, with limited exception, the local amendment to section 313 of the IRC requires that townhous- es and one and two family occu- pancies protect lightweight materi- als such as trusses or engineered lightweight material in the structural floor or ceiling areas in a particular manner; WHEREAS, issues have arisen with the implementation of said section; WHEREAS, it is anticipated that the 2012 edition of the IRC will address these issues; and WHEREAS, it is in the City's best interest to delete this provision until the adoption of the 2012 edition of IRC. NOW, THEREFORE, BE IT ORDAINED BY THE CITY 000N- CIL OFTHE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 17, entitled "Building and Housing," Chapter 1, entitled "Building Code," Section 3, entitled "Amendments to Code," is amend- ed by deleting section 313 of the IRC in its entirety. SECTION II. REPEALER. All ordi- nances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 31st day of August, 2010. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk 81167 September 8, 2010 ~ r ~~.®~~ ::~III~ ~ ~~~~~ -+~a.a~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 10-4404 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 7th day of September, 2010, all as the same appears of record in my office and published in the Iowa City Press-Citizen on September 15th, 2010. Dated at Iowa City, Iowa, this 1st day of October, 2010. ~~ Ju I K. Voparil Deputy City Clerk C9~.a . ~ o - y~ o ~{ Printer's Fee $ ~3. y 3 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, ~Z OCs~P~ 5u) ARTZ- being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper ~ ,time(s), on the following date(s): EPT€M B E~ ! S ~ ~ D l 0 Legal Cler Subscribed and sworn to before me this 1(c~'' day of A.D. 20 ~ D blic G Pt, ~ s~ LINDA KROTZ ~ Commission Number 7326?9 • My Commry s7 ~0 1pires ow- Ja^ud OFFICIAL PUBLICATION Q~ , ~ ~~ OFFICIAL F ORDINANCE NO. 10-4404 AN ORDINANCE AMENDING THE IOWA CITY ZON- ING CODE, SECTION 14-3B-1 HISTORIC DISTRICT OVERLAY ZONE; SECTION 14-5E-2 HISTORIC REVIEW; SECTION 14-8E-3 CERTIFICATE OF ECO- NOMIC HARDSHIP; AND SECTION 14-28-6 MULTI- FAMILY SITE DEVELOPMENT STANDARDS WHEREAS, the City's zoning code adopts and incor- porates the Historic Preservation Handbook, which establishes guidelines for the designation of historic districts, conservation districts, and historic landmarks and the review of exterior projects on such properties; and WHEREAS, one goal and objective of the Iowa City Historic Preservation Plan, incorporated into the Iowa City Comprehensive Plan, is to streamline, clarify, and simplify the historic preservation review process; and WHEREAS, the Iowa City Historic Preservation Commission and City Staff have revised the Iowa City Historic Preservation Handbook to implement said goals and objectives; and WHEREAS, the Historic Preservation Commission voted 9-0 (Thomann absent) to recommend approval of the revised Iowa City Historic Preservation Handbook at the May 13, 2010 meeting; and WHEREAS, the Planning and Zoning Commission voted 7-0 to recommend approval of the revised Iowa City Historic Preservation Handbook and amend the zoning code accordingly. 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.Adding to paragraph 1 of subsection 14-3B-1(D) the following: g. Northside Historic District 9G*~aF _ -_ = r ~l~ ~~L` ~~~ _ ~ I i ' _ I_ .- ~ f I f~ >._ ~~~ r_____ _ L._ -_--, i ~~ , ~,. --, ~ - -- I i ~ --_ i~._ ~, r~`~ ~, , ~"1 ~- __ S I ` ~ -- ~ _, ~--? ~---I --, L_ _J ~~ ~t~:;~,~~ ,: Deleting subsection 74-8E-2B, and substituting m lieu there of: B.Deleting subsection 14-8E-2B, and substituting in lieu there of: B. Levels of Historic Review 1. Minor Review a.A minor review will be conducted if the change pro- posed in the application is of a type specifically defined and listed as eligible for Minor Review in the Iowa City Historic Preservation Handbook, as amended b.Applications for minor review will be reviewed by a designated Commission member or designated staff to the Commission. Applications will be approved upon finding that the proposed change to the property will have no material effect on the historic character of the property or the Historic or Conservation District. Decisions may be appealed to and reviewed by the Historic Preservation Commission, if so requested by the applicant. If there is evidence that the proposed change may have a material effect on the historic char- acter of the property or Historic or Conservation District, the application for minor review will be deferred and will be forwarded for major review by the Historic Preservation Commission. c.A written report of the minor reviews processed shall be made to the Commission at the next scheduled c~..a, . to -- ~~ ~ 'UBLICATION OFFICIAL PUBLICATION Commission meeting. 2. Intermediate Review a.An intermediate review will be conducted if the change proposed in the application is of a type specifi- cally defined and listed as eligible for Intermediate Review in the Iowa City Historic Preservation Handbook, as amended. b.Applications for intermediate review will be reviewed jointly by the designated Commission staff and the Historic Preservation Commission Chair or the Chair's designee. Decisions may be appealed to the Historic Preservation Commission, if so requested by the appli- cant. If the designated Commission staff or the Historic Preservation Commission Chair determines that an application warrants review by the full Commission, said application will be forwarded for major review. c.A written report of the intermediate reviews processed shall be made to the Commission at the next scheduled Commission meeting. 3. Major Review a.A major review will be conducted for applications that meet one or more of the following criteria: (1)The application is for a specific change that does not qualify for minor or intermediate review; or (2)The application is for minor or intermediate review and has been recommended for major review by the designated Commission staff or the Historic Preservation Commission Chair; or (3)An appeal of a decision regarding a minor or inter- mediate review. b.Major reviews will be conducted by the Historic Preservation Commission. Applications that are denied may be appealed to the City Council if the property is a Historic Landmark or a property located within a Historic District; or appealed to the Board of Adjustment if the property is located within a Conservation District. C.Deleting subsection 14-8E-3(B), and substituting in lieu there of: B.Submittal Requirements 1.Applications for a Certificate of Economic Hardship must be filed with the Department of Planning and Community Development. 2.The application shall consist of a letter and support- ing materials that provide evidence of the approval cri- teria for a certificate of economic hardship as set forth in Article 14-36, Historic District and Conservation District Overlay, are met. 3.The owner must in good faith consult with the Historic Preservation Commission, local preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the proper- ty. Documentation of such effort must be presented to the Commission. D.Deleting paragraph 14-26-6(I)(1), and substituting in lieu there of: 1. The front setback for new buildings must not deviate more than 5 feet from the average setback of existing principal buildings along the same frontage. Alternatively, for frontages that contain more than six lots, the average may be calculated based on the prin- cipal building setbacks on the four closest lots along the same frontage to the lot containing the new build- ing. However, in no instance shall a new building be located closer to the street than the existing principal building that is closest to the street along the same frontage. This setback standard supersedes the set- back standards of the base 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, provi- sion 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 effect after its final passage, approval and publica- tion. Passed and approved this 7th day of September, 2010. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk c~5 . a ~ 81965 September 15, 2010 ~ r STATE OF IOWA ) SS JOHNSON COUNTY ) ~_.:.®~~ :rlll~ ~ 410 East Washington Street Iowa City, Iowa 5 2240-1 826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org ~~~~~ -+~a.a~ CITY OF IOWA CITY I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 10-4405 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 7th day of September, 2010, all as the same appears of record in my office and published in the Iowa City Press-Citizen on September 15th, 2010. Dated at Iowa City, Iowa, this 1st day of October, 2010. ~~.~ ~ ~ ' K. Vopari Deputy City Clerk ~ ~ ~-' ~~ Printer's Fee $ ~ ~ •O CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, ~ ~~~ Sr,JA$.fZ- -I3eei~ka, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper 1 ,time(s), on the following date(s): Legal C k Subscribed and sworn to before me this ~~ day o A.D. 20_0 _. Notary Public G aiac e~ LINDA KROTZ ~ Commission Number 732619 ' My Commission Expires ow- January 27, 2011 OFFICIAL PUBLICATION ORDINANCE NO. 10-4405 ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAP- TER 2, ENTITLED "TAXICABS," BY REPEALING SUBSECTIONS 5-2- 2, "TAXICAB BUSINESS LICENSE; VEHICLE DECALS," AND 5-2-4, "VEHICLE INSPECTION REQUIRED," IN THEIR ENTIRETY AND REPLACING THEM WITH NEW SUBSECTIONS; AND AMENDING 5-2-7 TO PROVIDE PROVISIONS FOR RATE CHANGES. WHEREAS, City Code section 5-2- 2 establishes requirements for operating a taxicab business and 5- 2-4 outlines requirements for taxi- cab vehicle inspections; and WHEREAS, 5-2-7 set out provi- sions for rates and rate changes; and WHEREAS, City Council wishes to increase minimum qualifications to operate a taxicab business, require taximeters in each taxicab, and out- line procedures for rate changes; and WHEREAS, it is in the best interest of the City to adopt new regulations for 'taxicabs". NOW, THEREFORE, BE IT ORDAINED BY THE CITY 000N- CIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," is hereby amended by deleting in their entire- ty subsections 5-2-2 and 5-2-4 and adding new subsections as follows: 5-2-2: TAXICAB BUSINESS LICENSE; VEHICLE DECALS. A. APPLICATION: Each applicant for a taxicab business license shall file an application with the City Clerk on forms provided by the City, which shall be verified and shall furnish the following information: 1. The name and address of each person with an ownership interest in the company wishing to operate a taxicab business. 2. The experience of the applicant in the transportation of passengers. 3. The record of convictions of mis- demeanors and/or felonies, includ- ing moving and nonmoving traffic violations, and certified state of Iowa criminal history and certified state of Iowa driver's record for each person identified in subsection Al of this section. 4. The signature of all persons with an ownership interest in the busi- ness. 5. Such pertinent information as the City may require. B. MINIMUM QUALIFICATIONS: Each taxicab business shall meet the following minimum require- ments: 1.Except for pedicabs, horse drawn vehicles, and airport shuttles, pro- vide taxicab service to the public 24 hours a day, 7 days a week, and have a business office location and phone that is answered 24 hours a day, 7 days a week. All dispatching shall be done from the office. 2:Except for pedicabs, horse drawn vehicles, and airport shuttles, pro- vide aminimum of four (4) qualified licensed taxicab vehicles of which a minimum of one vehicle shall be in operation at alt times. All taxicabs must comply with the vehicle requirements of this Chapter. 3. Provide a certificate of liability insurance in accordance with this 4. Meet all applicable zoning ordi- nance regulations and other city regulations. 5. Except for pedicabs and horse drawn vehicles, maintain manifest logs and provide manifest logs to the City upon request. C. BUSINESS LICENSE. 1. Issuance or Denial of Business License: If the City Clerk finds that the applicant has fully complied with the requirements of this Chapter and the Police Chief or Chief's Designee has determined that there is no information which would indi- cate that the issuance of the license would be detrimental to the safety, health or welfare of residents of the city, the City Clerk shall issue a license to conduct a taxicab busi- ness. 2. Revocation of Business License: If the city clerk subsequently finds that the taxicab business is not in full compliance with the require- ments of this chapter or if the police chief or chief's designee finds that continued operation of the taxicab business would be detrimental to the safety, health or welfare of resi- dents of the city, the city clerk may revoke the license to conduct a taxi- cab business as provided in section 5-1-5 of this title. p DECALS 1. Application Forms: Each appli- cant shall also file an application for a decal for each taxicab with the City Clerk on forms provided by the city. 2. Attachment Of Decal: No taxicab shall be operated on any street within the city unless a decal has been issued by the city clerk. The decal shall be attached to the lower corner of the front windshield on the passenger side. Pedicabs or horse- drawn vehicles shall display the decal on the left rear of the vehicle. 3. Issuance Or Denial Of Decal; Nontransferability: a. If the City Clerk finds that the applicant has fully complied with the requirements of this Chapter and the City Equipment Superintendent or Designee determines that there is no information which would indi- cate that issuance of the decal would be detrimental to the safety, health or welfare of residents of the city, the City Clerk shall issue a decal for the taxicab. b. The decal shall be nontransfer- able as between vehicles and taxi- cab businesses. c. Decals will be issued by the city clerk on the next business day at least 24 hours after the filing of a completed application for such decal with the city clerk. ,~-2-4: VEHICLE INSPECTION REQUIRED: A. Each applicant for issuance or renewal of a taxicab decal shall submit with the application a current certificate of inspection issued by the City Equipment Superintendent or designee. Such certificate shall be valid for forty five (45) days from the inspection. Each vehicle gov- erned by this article shall be subject to an annual inspection, and no vehicle shall pass inspection unless it complies with this chapter and the vehicle equipment requirements of the code of Iowa. All inspections shall consist of the following: (1) All taxicabs shall be inspected for compliance with the requirements of this Chapter, excluding pedicabs and horsedrawn vehicles, as fol- lows: Chapter cam, . l o - ~~ v ~' ~ ~J ~ (,;, a. Exterior. Headlights, taillights, brake lights, directional signal lights, reverse light operation, hazard light operation, marker lights (including parking and side marker), operation of license plate lights, windshield, windshield washers, windshield wipers, including rear wiper if so equipped, vent glasses, all other vehicle glass, glass window raisers, doors and door locks, trunk lid, trunk hood, and interior door han- dles, exhaust system, splash shields, bumpers, fenders, mirrors including rearview and outside mir- rors and attached lighted dome light, body and tires shall be inspected to ascertain that each is functioning properly. Each taxicab shall be maintained in a reasonably clean condition. There shall be no tears or rust holes in the vehicle body and no loose pieces such as fenders, bumpers or trim hanging from the vehicle body. There shall be no unrepaired body damage which would create a safety prob- lem or interfere with the operation of the vehicle. Interior. The rearview mirror, foot brakes, parking brakes, seat belts, horn operation, passenger interior light and air conditioning and heat- ing systems shall be inspected to ascertain that each is functioning property. The upholstery, floor mats, head lining, door panels and the trunk compartment shall be inspect- ed to determine whether they are clean, free of tears, and that the trunk has sufficient space for pas- sengers' luggage. Each vehicle must be equipped with a taximeter that is in good operating order, and has been calibrated and sealed by a certified calibrator. Dated docu- mentation must be provided to the city equipment superintendent, on a form provided by the city, with each inspection and filed with the city clerk when the inspection is com- pleted. Calibration date must be within 30 days prior to the annual inspection. Signage must be con- spicuously displayed on the inside of a vehicle that states "If the meter is not working, this vehicle cannot operate as a taxi. Receipt for fare available upon request." B. The city equipment superintend- ent or designee may require re- inspection of a vehicle on belief that a vehicle is not mechanically fit. In the event any vehicle is determined by the city equipment superintend- ent or designee not to be mechani- cally fit, the decal shall be confiscat- ed and returned to the city clerk. After reinspection and determina- tion that the vehicle meets the stan- dards of mechanical fitness, a new decal will be issued and charged as established by council resolution. The police chief or designee may require reinspection of a vehicle on belief that a vehicle is in such unsafe condition as to endanger any person. In the event any vehi- cle is determined by the police chief or designee to be in such unsafe condition as to endanger any per- son, the decal shall be confiscated and returned to the city clerk. Once notified, the licensee must have the vehicle reinspected within two (2) business days, and a new decal will be provided at no charge. If the licensee fails to have the vehicle reinspected or the vehicle fails rein- spection within two (2) business days, the licensee must apply for a new decal and will be charged the fee established by council resolu- tion. 5-2-7: RATES; HOURS; COM- PLAINTS: 3. Rates must be based on time, distance, or a combination thereof. A rate based on distance includes destination rates. A rate based on time must utilize a taximeter. All other rates, charges, or fees, except for extra rider stipulations and clean up rates, are prohibited. 4. No owner or driver of a taxicab shall charge a greater sum for the use of a taxicab than in accordance with the rate card on file in the office of the city clerk. 5. Whenever the owner of a taxicab business desires to change the rate charged, the owner shall file a rate card with the city clerk setting forth the new rates. The business must have all taximeters re-calibrated by a certified calibrator on a form pro- vided by the city and returned to the city clerk no later than 10 business days after filing the new rates with the city clerk. The taximeter must be re-calibrated no sooner than the fil- ing date of a rate card change and no later than 10 business days after said filing date. Failure to have all taximeters in all vehicles re-calibrat- ed as required shall result in the city clerk recommending revocation of the taxicab business license. B. The City may require verifica- tion of a certified calibration for taximeters without prior notice for the purpose of ensuring compliance with this chapter. SECTION II. REPEALER. All ordi- nances 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 PATE. This Ordinance shalt apjily'#o 'taxi- cab business licenses `effective March 1, 2011 and inspections that apply to licenses issued for the time period beginning March 1, 2011. Passed and approved this 7th day of September, 2010. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk 81966 September 15, 2010 ~ r _~ ~ ~_.:.®~ ~lll~ ~ '` war ®"~ -~c.a.~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 10-4406 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 21st day of September, 2010, all as the same appears of record in my office and published in the Iowa City Press-Citizen on September 29th, 2010. Dated at Iowa City, Iowa, this 8th day of November, 2010. < <v K. Vopari Deputy City Clerk Printer's Fee $ y ~ .q ~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, ~ 6-E _ Sub ~"~' ~im~eei~, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper ~ ,time(s), on the following date(s): SePrEMg~, ,zq Legal Cler - Subscribed and sworn to before me this- I S-~ • day of A.D. 20____~ 0 _ ~p,.cd LINDA KROT o a Public ~ Commission Number 732619 r .,; " My Commission Expires ~~" .January 27, 2011 OFFICIAL PUBLICATION ORDINANCE NO. 10-4406 ORDINANCE AMENDING TITLE i6 OF THE CITY CODE, ENTI- TLED "PUBLIC WORKS," CHAP- TER 1, ENTITLED, "STREETS, SIDEWALKS AND PUBLIC RIGHT OF WAY," TO ESTABLISH A PERMIT PROCESS FOR PLACEMENT OF PIANOS ON THE PUBLIC RIGHT OF WAY. WHEREAS, this past summer the City received two requests to place pianos on the right of way (ROW) for public use, and the City subse- quently entered into temporary use of ROW agreements; WHEREAS, the City has since received additional requests for more pianos on the ROW; WHEREAS, a permitting process for pianos is preferable to tempo- rary ROW agreements because a permitting process allows the City to respond more quickly to requests and utilize less staff time; and WHEREAS it is in the City's best interest to establish a permitting process for pianos on the ROW. NOW, THEREFORE, BE IT ORDAINED BY THE CITY 000N- CIL OFTHE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 16, entitled "Public Works," Chapter 1, entitled "Streets, Sidewalks and Public Right of Way," Article A, entitled "Streets, Sidewalks and Public Right of Way Generally," by adding a new Section 9, entitled "Piano Permits" as fol- lows: ' The City Engineer or designee is authorized to issue an annual piano permit for placement of a piano on the right of way subject to the fol- lowing conditions: A. Use is limited from March 1 to November 30; B. Insurance coverage as required by the City's risk manager; C. Execution of an agreement to indemnify the City; E. No sale, transfer, or assignment of the piano permit without written consent of the City; F. The location of the piano must be approved by the City and shall not interfere with access to public or City utilities located and/or operated i within the City's right of way; G. No sign or advertisement is allowed on the piano except fora ~~ sign identifying the sponsor(s) of the piano; H. The piano must be securely cov- ered from 10:00 p.m. to 10:00 a.m. Sunday through Wednesday and from midnight to 10:00 a.m. Thursday through Saturday. When uncovered the piano must be avail- able for use by all members of the public. I. The piano shall be securely I anchored to the right of way. The anchoring system must be approved by the CCtanEng~na er be designee. App responsible for all damage to the right of way caused by the anchor- ing or placement of the piano. A deposit m an amount determined by the City Engineer or designee shall be required prior to placement of the anchoring system and shall be returned when the sidewalk is restored to its prior condition. J. The applicant shall be solely responsible for the piano and any and all damage to the piano. The City Engineeror designee shall grant the permit if the applicant has fully completed the application which includes signing the indemni- fication agreement, providing a cer- tificate of insurance showing com- pliance with this section, and paying the deposit. If the permit is denied, the City Engineer or designee shall state the reasons therefore within three (3) working days of the appli- cation being filed. The process for appeals and revocation of the per- mit shall be the same as fora tem- porary use of sidewalk permit. SECTION II. REPEALER. All ordi- nances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 21st day of September, 2010. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk 82037 September 29, 2010 r ~~.®~,~ ~ul,~~. ~ ~~~~~ --'~.a~ CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 5 2 240-1 826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 10-4407 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 11th day of October, 2010, all as the same appears of record in my office and published in the Iowa City Press-Citizen on October 20th, 2010. Dated at Iowa City, Iowa, this 8th day of November, 2010. ~~k~ 4~ ~Jt~i' .Voparil Deputy City Clerk Printer's Fee $ as • u O CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, ~~ St,~ ~-rz Bs'a'n~-Seei~ka, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper. published in said county, and that a notice, a printed copy of which is hereto attached, was published in said .paper ~ ,time(s), on the following date(s): DLL .K~F~ ~D ~ x.01 O Legal Cl Subs bed and sworn to before me this ~ C.c'~ day of A.D.20 jam. ~p }~ d~ LINDA KRC~pta Public Commission Number 73eb~~ • My Commission Exp o~,. January 27, 2011•. OFFICIAL PUBLICATION ORDINANCE NO. 10-4407 ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, ENTRLED "TAXI- CABS" TO CLARIFY AIRPORT SHUTTLES CAN OPERATE WITHOUT A TAXIMETER WHEREAS, City Code section 5-2 establishes regulations for taxicabs and drivers; and WHEREAS, City Council wishes to clarify airport shuttles operate between the Eastern Iowa Airport and the Quad City airports only; and WHEREAS, it is in the best interest of the City to adopt regulations exempting airport shuttles from the taximeter requirement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY 000N- CIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 1, enti- tled "Definitions," is hereby amend- ed by deleting the definition of Airport Shuttle and replacing it as follows: AIRPORT SHUTTLE: A vehicle fur- nished with a driver that carries pas- sengers for hire exclusively on a route that either starts at or ends at the Eastern Iowa Airport or the Quad Cities Airport, and operates without a taximeter. 2. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 4, enti- tled "Vehicle Inspection Required" is hereby amended by adding the following sentence to the end of Section 4, Subsection A, Paragraph 1 b: Taximeters are not required in air- port shuttles. SECTION Il. REPEALER. All ordi- nances 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 upon publication. Passed and approved this 11th day of October, 2010. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk 81550 October 20, 2010 _~ r j ~~~r~~ '~1~ ~+'lJi_ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 10-4408 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 26th day of October, 2010, all as the same appears of record in my office and published in the Iowa City Press-Citizen on November 3rd, 2010. Dated at Iowa City, Iowa, this 7th day of December, 2010. ~V o Julie oparil Deputy City Clerk Printer's Fee $ 50 - d--~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-4330670 I, ~..Q ~rE2 SSA-P,Tz being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper / .time(s), on the following date(s): nrnvEn~R~ ~ 3 .~ 4ca Legal Cle Subscri ed and sworn to b re me this Ste`" day of A.D. 20 / O ~~ -- ry Public ~ AL .~ ~ i ~ I~",OIZ h ,~~ L `-_. ..t-~..,_ 1 ~y2i ?011 ......-.r OFFICIAL PUBLICATION ORDINANCE NO. 10-4408 AN ORDINANCE REZONING APPROXIMATELY 175 ACRES OF LAND LOCATED ON 420TH STREET WEST OF TAFT AVENUE FROM GENERAL INDUSTRIAL (li) AND INTERIM DEVELOP- MENT -INDUSTRIAL (ID-I) TO PLANNED DEVELOPMENT OVERLAY -GENERAL INDUSTRI- AL (OPD-11). (REZ10-00007) WHEREAS, the City of Iowa City owns and is requesting a rezoning of appYoximately 175 acres of prop- erty from General Industrial and Interim Development - General Industrial to Planned Development Overlay (OPD-li); and WHEREAS, said property is located on 420th Street west of Taft Avenue; and WHEREAS, the Southeast District Plan identifies the area as appropri- ate for industrial development; and WHEREAS, low quality, farmed wetlands have been identified on the property, which have been deemed by jurisdictional by the U.S. Army Corps of Engineers and are subject to federal wetland regula- tions and the standards set forth in the Iowa City Sensitive Areas Ordinance, Article 14-51 of the City Code; and WHEREAS, future development of the property for uses allowed in the I-1 Zone'may cause disturbance to said wetlands; and WHEREAS, new wetlands will be established according to the sub- mitted Sensitive Areas Development Plan and the wetland mitigation plan approved by the City and the U.S. Army Corp of Engineers to compensate for any loss of wetlands due to future devel- opment of the property; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and the associated Sensitive Areas Development Plan and has heard public input, and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The prop- erty described below is hereby reclassified from General Industrial (I-1) and Interim Development - Industrial (ID-I) to Planned Development Overlay -General Industrial (OPD- 11) as illustrated on the associated Sensitive Areas Development ,Plan, is hereby approved: All that part of the Southeast Quarter of Section 19, Township 79 North, Range 5 West of the Fifth Principal Meridian, lying North of the right-of-way. line of the Iowa Interstate Railway Co., running diagonally Southeast to Northwest through said Quarter Section, Johnson County, Iowa, more partic- ularly described as follows: Commencing at the East Quarter Corner of said Section 19; thence N89°32'07"E, 33.01 feet to the point of beginning; thence S01°07'26"E, 1970.79 feet; thence N63°10'39'11V, 2854.60 feet; thence N01°02'01"W, 702.90 feet; thence S89°32'07"E, 2521.58 feet to the point of begin- ning. The above described Tract contains 78.9 Acres (3,436,112 Sq. Ft.) And A Tract of Land located in the Southwest Quarter of Section 19, Township 79, Range 5 West of the Fifth Principal Meridian more partic- ularly described as follows: Beginning at the South Quarter Corner of said Section 19; thence S88°07'32"E, 80.1 feet; thence N01°02'01"W, 1765.33 feet; thence S63°10'39"E, 1832.77 feet; thence S01°37'14"W, 988.94 feet; thence N88°07'32"W, 157.26 feet; thence S01°20'26"E, 1316.99 feet; thence N88°13'03"W, 1497.86 feet; thence N01°24'11"W, 1286.43 feet to the point of beginning. The above described Tract contains 96.0 Acres (4,183,155 Sq. Ft.) For the purpose of this description all bearings and distances are referenced to NAD83 (96 Harn) IA SPCS South Zone, US Survey Foot (Johnson County Control). SECTION II. ZONING MAP. The Building Inspector is hereby author- ized 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 and the associated Sensitive Areas Development Plan, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and the Sensitive Areas Development Plan 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 ordi- nances 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 26th day of October, 2010. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk 81812 November 3, 2010 -~ r -~ '~®~~`~ ~~~'' ~~~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240- 1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 10-4409 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 26th day of October, 2010, all as the same appears of record in my office and published in the Iowa City Press-Citizen on November 3rd, 2010. Dated at Iowa City, Iowa, this 7th day of December, 2010. ~. ~. ~ . Julie .Voparil Deputy City Clerk Printer's Fee $ ~- CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-4330670 I, K D «-Q ~i./ar-Rr~z. Biai~a-Se~e~a, being duly sworn, say that I am the legal clerk of the IOWA CITY PRES5-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper ~ .time(s), on the following date(s): rJovE nn B E2 ~~ ~ ~ a Legal Cler Subscr ed and savor efore me this Ste' day of A.D. 20~_. ---- -~ ry Public ~_._. ~ ~ f~F:CT7.. Y.,: ti`~ +. ,,~L:~~.ii~.;r-192619 n ' . ._ ~ I ~, ~, icy Exp~res~• .Pr.-s~~ . - l ~ 1,011 OFFICIAL PUBLICATION ORDINANCE NO. 10-4409 AN ORDINANCE CONDITIONAL- LY REZONING APPROXIMATELY 60.32 ACRES OF LAND FROM INTERIM DEVELOPMENT- RESEARCH PARK (ID-RP) TO OVERLAY PLANNED DEVELOP- MENT-OFFICE RESEARCH PARK (OPD-ORP); AND APPROXIMATE- LY 56.48 ACRES OF LAND FROM INTERIM DEVELOPMENT- RESEARCH PARK (ID-RP) TO OVERLAY PLANNED DEVELOP- MENT-RESEARCH DEVELOP- MENT 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 NORTH- WEST 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 com- mercial development for a total of approximately 141.29 acres of land located northwest of the inter- change 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 con- sistent with the Comprehensive Plan; and WHEREAS, the applicant has sub- mitted aconceptual master plan for the planned development indicating private street rights-of-way; buikfing locations, conceptual building designs, parking lot and parking structure locations, mid-block pedestrian connections; green infrastructure systems, preserva- tion of woodlands and the Rapid Creek stream corridor, location of trails, stormwater ponds, landscap- ing features, and other amenities; and WHEREAS, the Planning and Zoning .Commission has recom- mended 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 facili- tate green building techniques, and to create a more cohesive, urban streetscape; and ~ , \ ~~, 3 ~~.~~ WHEREAS, to ensure that store- fronts along Moss Place are reserved primarily for commercial. uses, the Planning and Zoning ~pmmissbn recommends certain i strictions on the types and loca- tion; 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 con- sideration of the application materi- als 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 appli- cant's rezoning request over and above existing regulations in order to satisfy public needs caused by the requested change; and WHEREAS, Owner has agreed that the property shall be developed in accordance with the terms and con- ditions of the Conditional Zoning Agreement to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY 000N- CIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL: 1. The approximately 60.32 acre property legally described Exhibit A, Parcel 1, attached and incorpo- rated 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 14-2D-4: A. The minimum front setback shall be 20 feet, the maximum front set- back 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 mini- mum 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 incorpo- rated 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 set- back shall be 20 feet; and on appli- cable 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 illus- trated on the preliminary planned development plan and shall count ~~ toward satisfying the minimum parking requirement for develop- ment on said lots. 3. The approximately 24.49 acre property legally described in Exhibit A, Parcel 3, attached and incorpo- rated herein, is hereby reclassified from Interim Development- Research Park (ID-RP) to Overlay Planned Development-Mixed Use (OPD-MU) with the following modi- fications 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 construc- tion limit line as shown on the sen- sitive 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 stan- dard 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 E. Ail 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 sat- isfying the minimum parking requirement for development on said lots. SECTION II. CONDITIONAL ZON- ING 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 author- ized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amend- ment 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 condi- tional 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. v SECTION V. REPEALER. All ordi- nances 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 26th day of October, 2010. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk CONDITIONAL ZONING AGREE- MENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Moss Green Development Corporation (here- inafter "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 approximate- ly 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 deter- mined that, with appropriate condi- tions regarding clustering of build- ings 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 sub- mitted master plan, that the requested zoning and the various requested modifications to the zon- ing are consistent with the Comprehensive Plan goals of envi- ronmental stewardship, expansion of job opportunities within the com- munity, and the intent of a sensitive areas development, conservation development, and mixed use devel- opment, all three of which are accepted types of planned develop- ments; and WHEREAS, to ensure that store- fronts along Moss Place are reserved primarily for commercial uses that will complement and pro- vide goods and services to support the office and research develop- ment uses that are listed as the intended uses according to the Comprehensive Plan, the Planning and Zoning Commission recom- mends 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 o1 Iowa City may impose reasonable conditions on granting an appli- cant's rezoning request, over and OFFICIAL PUBLICATION OFFICIAL PUBLICATION EXHIBIT A PARCEL1 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 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 centedine 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°5T29" East, a distance of 279.49 feet; THENCE South 59°45'54" East, a distance of 302.28 feet; THENCE South 85°24'52" East, a distance of 341.75 feel; 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 centedine of Moss Place, abng a curve to the right having a redlus of 800.00 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. PARCEL2 COMMENCING at the West Y+ 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°46'48" East, a distance of 526.94 feet to the POINT OF BEGINNING; THENCE South 00°48'48" Easl, a distance of 1453.60 feet; THENCE North 37°55'33" West, a distance of 958.63 feet, to the centedine 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 distarce of 115.01 feet; THENCE North 72°38'46" West, a distance of 211.24 feet; THENCE North 88°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 feet; THENCE Nodh 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, Sauth 05°02'31" East, a distance of 450.41 feet to a point of curve; THENCE ahxg the centerline of Moss Place, along a curve to the left having a radius of 800.00 feet, a delta of 22°09'35", an arc length of 232.06 feet, and a chord which bears South 16°OT19" 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 89'41'5T' 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" Easl, 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'OT East having a chord distance of 542.50 feet to a point of tangency; THENCE abng 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 OB°38'45", an arc length of 150.90 feet, and a chord which bears Nodh 86°21'12" East having a chord distance o/ 150.75 feet to a point on a line; THENCE South 00°40'34" Wesl, a distance of 119.01 feet; THENCE South 63°43'48" West, a distance of 218.02 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 78°54'00" 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 centedine 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 58.48 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 Ls 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 lett 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 11D.S9 feet to a point on a line; THENCE South 70°4T47" 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 oT 149.77 feet; THENCE North 51°53'02" East, a distance of 144.00 feet; THENCE North 72°50'5T' Wesl, 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, fo the centerline of Oakdale Boulevard; THENCE along the centerline of Oakdale Boulevard, abng 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 fesy,and a chord whlch bears North 84°49'29" East having a chord distance of 591.81 feei`tb 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. above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner acknowl- edges 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 envi- ronment 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 considera- tion of the mutual promises con- tained 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 incorporat- ed herein; and 2. The Owner acknowledges that the City wishes to ensure confor- mance 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 rea- sonable 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. Inconsideration 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 ordi- nance through the planned devel- opment rezoning process, as well as the following conditions: a. The Applicant must receive approval of the final planned devel- opment 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 stan- dardsfor 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 devel- opmentzoned OPD-MU, residential uses are not allowed within the first 30 feet of building depth as meas- ured from the front building wall fac- ing Moss Place. Residential entrances, lobbies, stairwells, ele- vators 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 com- mercial 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 acknowl- edge 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 zon- ing change. 5. The Owner and City acknowl- edge that in the event the subject property is transferred, sold, rede- veloped, or subdivided, all redevel- opment 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 run- ning 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 succes- sors, representatives, and assigns of the parties. 7. The Owner acknowledge(s) that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this 26th day of October, 2010. CITY OF IOWA CITY s/Matt Hayek, Mayor Attest: s/Marian K. Karr, City Clerk s/Stephen A. Moss, President 81814 November 3, 2010 ~~ , 3 ~ ~ r 1 _~ ~ ~..:.®~ ~III~ ~ ~~~~~ -n.as~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240- 1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 10-4410 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 26th day of October, 2010, all as the same appears of record in my office and published in the Iowa City Press-Citizen on November 3rd, 2010. Dated at Iowa City, Iowa, this 7th day of December, 2010. ,\ O Ju(~l~~o aril p Deputy City Clerk Printer's Fee $ ~ 1, co3 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, ~ 0 G- ~ ~ Si.J/~ F~T2-- Bimra-Beer, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper. published in. said county, and that a notice, a printed copy of which is hereto attached, was published in said ,paper / ,time(s), on the following date(s): /f6JEMgE(~ 3 , ,~OfII Legal Cl k Subscribed and sworn to efore me this :S~ day of A.D.20 !D ~i~~~ ~ROTZ o a y Public {~-~~-~ r ~,,n I t: "~ M ~ ., , ~ i_ ,~es !,.'; °J ~ .~~~lai/ ~ , 201 `,. OFFICIAL PUBLICATION ORDINANCE NO. 10-4410 ORDINANCE AMENDING TITLE 6, ENTITLED "PUBLIC HEALTH AND SAFETY," CHAPTER 10, ENTITLED "SMOKE FREE PLACES," TO CHANGE THE VIO- LATION FROM A MUNICIPAL INFRACTION TO A SIMPLE MIS- DEMEANOR. WHEREAS, the Smokefree Air Act ("the Act") allows the City to declare additional areas within its custody or control, which are otherwise exempt under the Act, to be non- smoking places; WHEREAS, the City has declared specific areas to be smoke free such as City Plaza, a/k/a the ped ~ mall, to be smoke free; WHEREAS, the violation for smok- ing in a designated nonsmoking place currently is a municipal infrac- tion; WHEREAS, it is in the City's best interest to change the violation to a simple misdemeanor for purposes of administrative efficiency. NOW, THEREFORE, BE IT ORDAINED BY THE CITY 000N- CIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 6, entitled "Public Health and Safety," Chapter 10, entitled "Smoke Free Places," Section 2, entitled "Violation: Penalty" is amended by deleting it in its entire- ty and substituting the following new Section 2 in lieu thereof: Violation of this chapter shall be a simple misdemeanor punishable by a fine of fifty dollars ($50.00). SECTION II. REPEALER. All ordi- nances and pans of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole ~ or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 26th day of October, 2010. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk 81813 November 3, 2010 r j ~.~®~~ :rlll~ ~ ~i'~+-'"r'~'~~ -~.ai_ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 5 2 240-1 826 (319) 356-5000 (319) 356-5009 fAX www. icgov. org STATE OF IOWA ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 10-4411 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 26th day of October, 2010, all as the same appears of record in my office and published in the Iowa City Press-Citizen on October 30th, 2010. Dated at Iowa City, Iowa, this 8th day of November, 2010. ie . Vopari Deputy City Clerk ~t~- . IO ^'yt ~-! ~ 1 SQ\i~ e`~ t-wtiS~tS ~,v ~ ~. ~ ~~, Printer's Fee $ ~OLc . y ~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRES5-CITIZEN FED. ID # 42-0330670 I, ~ 0 (~Fi~ ~J-A~T7- l~i'>:tna-Beei~iia, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper / ,time(s), on the following date(s): ovro BrE~ 3 O~~~r' a Legal Cl Subsc ' ed and sworn to before me this day of A.D. 20~D _ Public ~-°`a~ c, ate:,} ~: Cornmislon Nurnber732619 ~'-~ s" f:~r Cor~n~i~~sicn E;:pires ._'/c;'„,~- J.enuu!y 27, 2011 OFFICIAL PUBLICATION Publish 10/30 ORDINANCE NO. 10-4411 ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMIT- TED ESTABLISHMENTS, SUB- SECTION B, TO ADD A NEW SUB- PARAGRAPH 6, AND TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE 1N- LICENSED AR PERMIT- TED ESTABLISHMENTS, SUB- SECTION C, TO ADD A NEW SUBPARAGRAPH 5, TO ALLOW THE CHIEF OF POLICE TO APPROVE SPLIT-PREMISES SPECIAL EVENTS IN LIQUOR LICENSE ESTABLISHMENTS, PERMITTING ENTRY BY THOSE UNDER LEGAL AGE INTO AN ALCOHOL-FREE PORTION OF THE ESTABLISHMENT, WHILE STILL ALLOWING THE SERVICE AND POSSESSION OF ALCOHOL TO THOSE OF LEGAL AGE IN A SEPARATE ALCOHOL-PERMIT- TED PORTION OF THE ESTAB- LISHMENT. WHEREAS, current City Code does not allow liquor licensees with- out exception certificates to split their premises into alcohol-free and alcohol-permitted spaces for enter- tainment events; and WHEREAS, the City wishes to accommodate liquor license estab- lishments wishing to put on bona fide entertainment events by allow- ing under age patrons to enjoy the entertainment without being exposed to alcohol; and WHEREAS, the City believes that under tightly controlled settings, responsible establishments may safely be able to host entertainment events without contributing fo underage drinking; and WHEREAS, it is in the best inter- est of the City to adopt this amend- ment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. TITLE 4, ALCOHOLIC BEVER- AGES, CHAPTER 5, PROHIBI- TIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISH- MENTS, SUBSECTION B, is here- by amended by adding a new sub- paragraph 6 as follows: 6. The person under the legal age is on the alcohol-free portion of the premises during a time that the licensee or permittee has, in accordance with a written notice and plan given in advance to and approved by the chief of police or designee, divided the premises into alco- hol-free and alcohol-permitted sections. Said plan must pro- vide amethod by which alco- holic beverages will be out of sight and reach of underage patrons. If the plan is approved, the chief of police or designee shall issue a certificate approv- ing the event, which certificate shall be posted at every entrance to the licensed estab- lishment in view of patrons of the licensed or permitted estab- lishment. It shall be the strict duty of a licensee or permittee permitting such persons under the legal age onto the licensed premises pursuant to such a plan, and the agents and employees of the licensee or permittee, to prevent persons under the legal age from con- suming or possessing alcoholic beverages on said premises. In addition, the following require- ments must be met: a.The physical set-up and sepa- ration of the alcohol-free and alcohol-permitted portions of the establishment must earA prior approval by the Director o~ Housing and Inspection Services, or designee, for mat- ters of safety and code-compli- ance, including, but not limited to, occupancy, bathrooms and exits. b.Both the alcohol-free and alco= hol-permitted portions of the establishment shall include City Code-compliant bathrooms. aThe Director of Housing and Inspection Services may, but is not required to, allow those establishments with a PAULA ratio of .50 or less during the twelve (12) months prior to the event application, to permi4 patrons of both the alcohol-free and alcohol-permitted spaces to share the same bathrooms; as long as the establishment, strictly enforces a rule prohibit. ing alcoholic beverages in the bathrooms. For purposes of this section, the PAULA ratio shall be based on the twelve (12) PAULA reports immediate; ly preceding the Licensee's event application, all as calcu- lated by the chief of police, or designee. d.The alcohol-free and alcohol- permitted portions of the estab- lishment must be separated byy one-hour construction wall§ and doors, as approved by ttl@ Director of Housing anQ Inspection Services, or designee, or comparable barri- ers, as approved by the chief of police, or designee. ' e.lt shall be the strict duty of the licensee to exclude those under legal age from the alcol hol-permitted area, and to exclude all alcoholic beverage from the alcohol-free area. + f.All patrons of legal age must b~ marked with a wristband indicat; ing they are of age. All patrons under legal age must b9 marked indicating they ar~ under legal age. TITLE 4, ALCOHOLIC BEVER+ AGES, CHAPTER 5, PROHIBN TIONS AND RESTRICTIONS SECTION 8, PERSONS UNDEF~ THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISH MENTS, SUBSECTION C, is herey by amended by adding a new sub+ paragraph 5 as follows: ' 5. The person under the legal ag~ is in the alcohol-free portion an establishment hosting a split premises event approved b~ the chief of police pursuant tq subsection B(8) above. + SECTION II. REPEALER. 1.All ordinances and parts o; ordinances in conflict with the, provision of this Ordinance arja hereby repealed. • ` 2.This ordinance shall be autpj matically repealed if Ordinan no. 10-4388 is repealed by r erendum vote on November 2„ 2010. SECTION III. SEVERABILITY. ?f any section, provision or part rt the Ordinance shall be adjudged t~ be invalid or unconstitutional, suc!t- adjudication shall not affect th9~ validity of the Ordinance as a wholrJ+ or any section, provision or patC thereof not adjudged invalid ow unconstitutional. ' SECTION IV. EFFECTIVE DATE,; This Ordinance shall be effective, upon publication. Passed and approved this 26th day of October, 2010. s/Matthew J. Hayek, Mayoe Attest: s/Marian K. Karr,° City Clerk 81800 October 30, 2010°~ A ~~. a ~ ~ ~ r ~.:.®~t~ Ali '~ ~ -+~.a`_ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www. icgov.org STATE OF IOWA ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 10-4412 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 26th day of October, 2010, all as the same appears of record in my office and published in the Iowa City Press-Citizen on October 30th, 2010. Dated at Iowa City, Iowa, this 8th day of November, 2010. C Voparil Deputy City Clerk Printer's Fee $ 1 1. CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, R D ~ GZ J u~ A-~rZ. Biai~-Se~ei~i~, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper time(s), on the following date(s): D C~'~~,~;3 T~ 0 t D Legal Subscrilied and sworn to before me this L~ day A.D. 20 l~ s~d~ LINDA KROTZNOt y Public ~~,f~,~`~ Commi;~ion ~~~~mbcr 732619 ~~ r _~':' ~ - i`c~ly/ ~°~rilfni~lOrl CY.i~lr°S .~~~V " . _-.._.- ....a._..Jar Nary 27, 2011..~~y OFFICIAL PUBLICATION Publish 10/30 ORDINANCE NO. 10-4412 ORDINANCE AMENIQING TITLE 4, ALCOHOLIC<.BSVERAGEB, CHAPTER 1, DEFINITIONS, SEC- TION 1, DEFINITIONS, TO ADD DEFINITIONS FOR THE TERMS "PERFORMER", "PROFESSION- AL LIGHT AND SOUND", AND "SHOW"; TITLE 4, A1COHOLIC BEVERAGES, CHAPTER 5, PRO- HI ~ICTtONS, SEC ' N °8, PERSONS UNDER THE LF„ (iAL AGE IN LICENSED OR ° PEERMITTED ESTABLISH- MENTS, SUBSECTION B, TO ADD A NEW SUBPARAGRAPH 7, AMD TITLE 4, ALCOHOLIC BEVER- AGES, CHAPTER 5, PROHIBI- TIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISH- MENTS, SUBSECTION C, TO ADD A NEW SUBPARAGRAPH 8, TO ALLOW THE CHIEF OF POLICE TO CONSIDER APPLICATIONS FOR ENTERTAINMENT VENUE STATUS AND ISSUE ENTERTAIN- MENT VENUE EXCEPTION CER- TIFICATES. WHEREAS, current City Code prohibits anyone under legal age from being present in an establish- ment with a liquor license authoriz- ing on the premises consumption, unless one of the exceptions to Iowa City Code 4-5-8(C) applies; and WHEREAS, at present, venues offering live entertainment, and not possessing an exception certificate as authorized under Iowa Code 4-5- 8(6), must prohibit those under legal age from entering or remain- ing after 10:00 p.m., unless one of the exceptions of Iowa City Code 4- 5-8(C) applies; and WHEREAS, the City wishes to foster the live entertainment and live music scene in Iowa City, if it can do so without facilitating under- age drinking; and WHEREAS, the City has met ~4ith established live music venues to gather their input on how best to facilitate live entertainment without encouraging sham entertainment as a mere vehicle to allow underage dritMcers, includng facilitating new establishments who wish to host legitimate live entertainment acts; and WHEREAS, the City believes that under tightly controlled settings, responsible establishments may safely be able to host live entertain- ment events without contributing to underage drinking; and WHEREAS, the City intends to allow said benefit only so long as the entertainment venues caP con- trol illegal drinking behavar within their licensed premises; and WHEREAS, an Entertainment Venue Exception Certificate is to be considered a privilege, and rwt a right; end WHEREAS, it is in the best inter- est of the City to adopt this amend- ment NOW, THEREFORE, BE IT ORDAINED BY THE CITY 000N- CIL OF THE CITY OF IOWA CITY, 10WA: SECTION I. AMENDMENTS. TITLE 4, ALCOHOLIC BEVER- AGES, CHAPTER 1, DEFINI- TIONS, SECTION 1, DEFINI- TIONS, is herebv amended by ~~. ` ~ ~_ adding new definitions for the terms "Show", "Professional Light and Sound", and "Performer", as fol- lows: PERFORMER: Live person(s) per- forming for the entertainment of an audience by doing at least one of the following: A. Playing musical instrument(s) B. Singing C. Performing comedy D. Reading works of poetry or prose For purposes of this Title, those playing pre-recorded music or content, such as disk-jockeys (DJs), are not considered Performers, and the playing of said material is not to be consid- ered aShow. PROFESSIONAL LIGHT AND SOUND:That lighting and sound .equipment needed to meet all requirements of the Professional Light and Sound Specification Sheet, as approved by City Council by Resolution. SHOW: A showing of entertainment at least ninety (90) minutes in dura- tion of actual performance time by a live Performer(s), in which at least 50% of any fees charged to gain entry to or remain on the premises, including but not limited to cover charges and ticket sales, are paid to the Performer(s). The Performer(s) must be capable of being heard throughout the licensed. premises through the audio components of the Professional Light and Sound system, and must be the focus of activity at the licensed premises throughout the time the Performer(s) is performing. TITLE 4, ALCOHOLIC BEVER- AGES, CHAPTER 5, PROHIBI- TIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISH- MENTS, SUBSECTION B, is hereby amend- ed by adding a new subparagraph 7 as follows: 7. The licensee or permittee applies for, qualifies for, and is granted an Entertainment Venue Exception Certificate: a. Requirements: In order for an Entertainment Venue Exception Certificate to be issued by the chief of police, or designee, the establishment must demonstrate, to the satis- faction of the Chief of Police, or designee, that all the following requirements have been met: i. The venue has hosted and will continue to host Shows on at least 150 calendar days each year; and ii. The venue has a perma- nently installed (not risers) and dedicated performance stage of at least eight feet (8') by six feet (8') in dimen- sion, which shall never be used for any purpose other than by Performers during Shows; and iii. The venue must distribute at least 50% of any fees charged to gain entry to or remain on the premises, including but not limited to cover charges and ticket sales, from the period of opening until closing, to the Show Performer(s) within 48 hours of the completion of the Show: and iv. The venue subscribes to at least one (1) industry track- ing service, such as Polistar Pro, or comparable alterna- tive; and v. The venue has a PAULA ratio, as determined solely by the Chief of Police or designee, of no greater than that allowed by City Council, as established by Resolution; and vi. The venue has perma- nently installed Professional Light and Sound; and vii. The venue marks all patrons of legal drinking age with a wristband, and marks all patrons under legal drinking age with either a wristband of a dif- ferent color from the legal age patrons, or permanent marker on the hand; and viii. The venue provides staff of sufficient number and capability to monitor all patrons at all Shows; and ix. The venue provides to the Chief of Police, or designee, a report of ail upcoming Show dates at least seven (7) days prior to any Show; and x. The venue provides to the Chief of Police, or designee, reports detailing all dates on which a Show took place, including the name of the Performer(s) for each Show, which reports shall be due no later than the ninetieth (90th), one hundred eighti- eth (180th), two hundred seventieth (270th), and three hundred sixtieth (360th) day following issuance of the Entertainment Venue Exception Certificate; and xi. The venue employs at least one salaried employ- ee responsible for booking Shows by Performers, and promptly provides both the employee name and most recent salary paystub upon request from the City; and xii_. The venue employs only TIPS-certified bartenders and servers on any Show date; and xiii. The venue allows City inspection, at any time and for any reason, of the venue, Professional Sound and Lighting equipment, and Show and Performer financial records, including, but not limited to, Show settlement sheets. b. Duration: Entertainment Venue Exception Certificates shall be valid for one (1) year, or until expiration of the prem- ises liquor license, whichever is sooner. c. New Businesses: New busi- nesses may be granted an Entertainment Venue Exception Certificate by satis- fying all requirements of 4-5- 8(B)(7)(a), save (i.) and (v.). For establishments previously operating under the same or substantially similar ownership and/or management, the PAULA ratio restrictions of (v.) apply, and will be utilized in assessing the establishment's application. For establish- ments not previously meeting the minimum Show day requirements of (i.), a credible business plan must be accom- panied by a notarized affidavit by the establishment owner (or largest shareholder) attesting that the establishment will meet all requirements of 4-5- 8(B)(7)(a) d. Revocation: Entertainment Venue Exception Certificates may be revoked by the Chief of Police, or designee, for good cause. Venues may appeal, in writing, to the City Manager within ten (10) days of the mail- ing, by first-class mail, of the revocation decision, with said appeals to be heard de novo by the City Manager, or designee. Appeals will ordi- narily be heard no later than fourteen (14) days after the appeal, and in no event later than thirty (30) days following appeal. In the event of a revo- cation, the Venue may contin- ue to operate as an Entertainment Venue until the ten (10) day appeal period has passed, or in the event of an appeal to the City Manager, or designee, until the City Manager, or designee, has issued his or her ruling on appeal. In the event the City Manager affirms the revoca- tion, the Venue's Entertainment Venue Exception privileges will cease seven (7) days. from the mail- ing, by first-class mail, of the appeal decision. Good cause for revocation .includes, but is not limited to, the following; i. Where a preponderance of the evidence shows that the license, permittee, or any employees or agents thereof, sold, gave, or delivered alcohol to any patron under the legal drinking age more than once within any five (5) year period; or ii. Where at the end of any month the venue's trailing twelve (12) month PAULA ratio, as deter- mined solely by the Chief of Police, rises above the maxi- mum allowed PAULA ratio set by City Council, as established by Resolution; or iii. Where the venue has failed to cooperate fully with the Police Department; or iv. Where the venue has failed to maintain compliance with all requirements of 4-5-8(B)(7)(a); or v. Where continued operation under the Entertainment Venue Exception Certificate would be detrimental to the safety, health, and welfare of the residents of the City. TITLE 4, ALCOHOLIC BEVER- TIONS CANDT RESTR CTOIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISH- MENTS, SUBSECTION C, is here- by amended by adding a new sub- paragraph 6 as follows: 6. The person is at least nineteen (19) years of age and is in an estab- lishment with a current and valid Entertainment Venue Exception Certificate, as long as all of the fol- lowing is true: a. The person is not in the estab- lishment between midnight and closing; and b. The Entertainment Venue hosted or is hosting at that time a Show, lasting past 10:00 p.m. on the evening on which the person is found there; and c. The person bears the venue's official marking as being under legal age. SECTION 11. REPEALER. 1. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. 2. This ordinance shall be auto- matically repealed if Ordinance no. 10.388 is repealed by ref- erendum vote on November 2, 2010. SECTION III. SEVERABILITY. If any section, provi-.sion or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section; provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective upon publication. Passed and approved this 26th day of October, 2010. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk 81799 October 30, 2010 ~ r STATE OF IOWA ) SS JOHNSON COUNTY ) 410 East Washington Street Iowa City, Iowa 5 2 240-1 826 (319) 356-5000 (319) 356-5009 FAX www. icgov.org ~ yl~®r~~ -n.at~_ CITY OF IOWA CITY I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 10-4413 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 16th day of November, 2010, all as the same appears of record in my office and published in the Iowa City Press-Citizen on November 24th, 2010. Dated at Iowa City, Iowa, this 7th day of December, 2010. Julie K. Voparil ~ Deputy City Clerk Printer's Fee $ o I _ D 3 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, ~ o f,~ S~r.~raz-~. l~iarra-~eei~i~a, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper / .time(s), on the following date(s): nloJF~-~BiE(~ ~, ~-0~0 Legal Cler Subscribed and sworn to before me this o~~ day of,~~~~~` A.D.20 ~~ Notary Public ~.,ac ~ UNOA KROTZ ;~~ Commission Number 7321 My Commission Expires Jan 27,2011 OFFICIAL PUBLICATION ORDINANCE NO. 10-4413 AN ORDINANCE REZONING APPROXIMATELY 207 ACRES OF LAND LOCATED EAST OF IOWA RIVER, SOUTH OF M000LLIS- TER BOULEVARD, AND WEST OF SAND ROAD FROM COUNTY AGRICULTURAL RESIDENTIAL (AR) TO NEIGHBORHOOD PUB- LIC ZONE (P-1) (REZ10-00010) WHEREAS, the applicant, the City of Iowa City, has requested a rezon- ing of approximately 207 acres of property located east of Iowa River, south of McCollister Boulevard, and west of Sand Road from County Agricultural Residential (AR) to Neighborhood Public Zone (P-1 ); and WHEREAS, the Comprehensive Plan indicates that this property is appropriate for environmental preservation and public open space; and WHEREAS, the City has acquired the property for environmental preservation and public parkland; and WHEREAS, Section 14-2F-1B-1 of the Zoning Ordinance states that uses such as schools, parks, police and fire stations, and other civic buildings owned or otherwise con- trolled by the County, the City, or the Iowa City Community School District for such uses will be desig- nated as P-1, Neighborhood Public Zones; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and deter- mined that it complies with the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY 000N- CIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. 1. Property described below is here- by reclassified from its current zon- ing designation of County Agricultural Residential (AR) to Neighborhood Public Zone (P-1): LEGAL DESCRIPTION COMMENCING AT THE NORTH- EAST CORNER OF SECTION 27, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCPAL MERIbIAN, JOHNSON COUNTY, IOWA; THENCE N90°00'00"W, ALONG THE NORTH LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUAR- TER AND ALONG THE NORTH LINE OF GOVERNMENT LOT 1 OF SAID SECTION 27, A DIS- TANCE OF 1474.73 FEET TO THE CENTERLINE OF SAND ROAD NE AND THE POINT OF BEGINNING; THENCE S24°04'57"E, ALONG SAID CENTERLINE, 124.61 FEET; THENCE S38°07'08"E, ALONG SAID CENTERLINE, 20.62 FEET; THENCE S24°04'57"E, ALONG SAID CENTERLINE, 1892.14 FEET; THENCE SOUTHEASTER- LY, 1046.04 FEET ALONG SAID CENTERLINE AND AN ARC OF A 7200.41 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 1045.14 FOOT CHORD BEARS S19°55'14"E TO A POINT ON THE NORTHEASTERLY EXTENSION OF THE SOUTHER- LY LINE OF A TRACT OF LAND SHOWN ON A PLAT OF SURVEY (RETRACEMENT) TO JOHNSON COUNTY, IOWA AS RECORDED IN PLAT BOOK 52 AT PAGE 301 IN THE RECORDS OF THE JOHN- SON COUNTY RECORDER'S OFFICE; THENCE S75°16'20"W, ALONG SAID NORTHEASTERLY EXTENDED LINE AND ALONG SAID SOUTHERLY LINE, 960.95 FEET; THENCE N84°47'43"W, ALONG SAID SOUTHERLY LINE, 483.66 FEET; THENCE S84°01'24"W, ALONG SAID SOUTHERLY LINE, 235.12 FEET; THENCE S78°40'52"W ALONG SAID SOUTHERLY LINE, 542.38 FEET; THENCE N82°22'41"W, ALONG SAID SOUTHERLY LINE, 556.75 FEET; THENCE N86°17'58"W, ALONG SAID SOUTHERLY LINE, 263.07 FEET TO THE SOUTHWEST CORNER OF SAID TRACT OF LAND; THENCE N03°29'02"W, ALONG THE WESTERLY LINE OF SAID TRACT OF LAND, 767.52 FEET TO THE SOUTHEAST CORNER OF AUDITOR'S PARCEL 2008003 AS RECORDED IN PLAT BOOK 53 AT PAGE 49 IN SAID RECORDER'S RECORDS; THENCE S89°56'52"W, ALONG THE SOUTHERLY LINE OF SAID AUDI- TOR'S PARCEL 2008003, A DIS- TANCE OF 474.3 FEET MORE OR LESS TO THE EASTERLY (LEFT) TOP OF BANK (MEAN HIGH WATER MARK) OF THE IOWA RIVER; THENCE NORTHWES"C- ERLY, ALONG SAID TOP OF BANK, FOLLOWING AS CLOSEI ~ AS PRACTICABLE THE SINUOSI- TIES OF THE BANK, 1156 FEET, MORE OR LESS TO THE NORTH- WEST CORNER OF SAID AUDI- TOR'S PARCEL 2008003; THENCE NORTHEASTERLY, ALONG SAID TOP OF BANK, FOL- LOWING AS CLOSELY AS PRAC- TICABLE THE SINUOSITIE$ OF THE BANK, 1732 FEET, MORN OR LESS TO ITS INTERSECTION WITH THE NORTH LINE OF GOV- ERNMENT LOT 1 IN SAID SEC- TION 27; THENCE S90°00'00"E, ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 1, A DISTANCE OF 1693 FEET MC'~E OR LESS TO THE POIt`"T ~F BEGINNING, CONTAININfe .r1D7 ACRES MORE OR LESS AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordi- nance and record the same in the Office of the County Recorder, Johnson County, Iowa, at the City's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION IV. REPEALER. All ordi- nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. 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 VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approv-al and publication, as provided by law. Passed and approved this 16th day of November, 2010. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk 81712 November 24, 2010 r ~ ~~.®~,~ ~nl,~ ~ ~'`'~'"r' ~' ~~ -~a.ai_ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240- 1 826 (319) 356-5000 (319) 356-5009 FAX www. icgov. org STATE OF IOWA ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 10-4414 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 16th day of November, 2010, all as the same appears of record in my office and published in the Iowa City Press-Citizen on November 24th, 2010. Dated at Iowa City, Iowa, this 7th day of December, 2010. Ju!~~~~kClVoparll `~ ~W~ Deputy City Clerk Printer's Fee $ CERTIFICATE OF PUBLICATION STATE OF IOWA, .~ JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, -~~ ~ivg~?'Z being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published i~. said county, and that a notice, a printed copy of which is hereto attached, was published in said paper / .time(s), on the following date(s): Legal C rk Sub ibed and sworn to before me this ~d`~'` day of A.D. 20 ~ D ~,,,~ UNOA KROT Y Public ~ ~ Ctxrlmission Number 73261 A fir Conxnission Expres • a+ • 27, 2011 ' OFFICIAL PUBLICATION ORDINANCE NO. 10-4414 AN ORDINANCE AMENDING TITLE 14, CHAPTER 5, ARTICLE J: FLOODPLAIN MANAGEMENT STANDARDS TO REGULATE THE 100 AND 500 YEAR FLOODPLAIN AND ASSOCIATED CHANGES TO 14-9F "FLOODPLAIN MANAGE- MENT DEFINITIONS," 14-4B-2 VARIANCES AND 14-I3B-5: FLOODPLAIN ..DEVELOPMENT PERMIT. WHEREAS, the City currently reg- ulates development in the 100-year floodplain pursuant to the floodplain management standards detailed in Title 14, Chapter 5, Article J of the City Code of Ordinances; and WHEREAS flood events of 1993 and 2008 caused catastrophic dam- age to private property and public infrastructure in both the 100-year and 500-year floodplain; and WHEREAS, such flood events caused a substantial risk to the pub- lic health, safety and welfare of the community; and WHEREAS, the City has been awarded, to date, approximately $15,000,000 in federal and state grants to repair, replace or pur- chase flood-damaged public facili- ties and private homes within the 500-year floodplain; and WHEREAS, the 2007 Johnson County, Iowa and Incorporated Areas Flood Insurance Study estab- lished reliable flood forecasting tools to use in predicting the reach of both the 100-year and the 500- year flood hazard levels; and WHEREAS, the terms "100 year flood event" and "500 year flood event" mislead the public regarding the actual, annual risk of investing in a flood hazard area and should therefore be redefined and consid- ered together as a 'Ylood hazard area" to reflect the increased risk of flooding in these areas; and WHEREAS, in order to mitigate the risks of future flood events, the City finds it in the public interest to adopt floodplain regulations to regulate development within the flood haz- ard area; to require that certain crit- ical facilities, such as hospitals and jails, remain accessible during such a flood event; and to allow fora vari- ance from these standards in cer- tain situations; and WHEREAS, the Iowa Department of Natural Resources has reviewed and approved the amended ordi- nance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY 000N- CIL 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. By repealing 14-4B-2A(4) and substituting in lieu thereof as fol- lows: 4. The owner's situation is unique or peculiar to the property in question, and the situation is not shared with other landowners in the area nor due to general conditions in the neighborhood, except when a vari- ance from a floodplain management standard is requested per 14-SJ-9; and B. By repealing 14-5J in its entirety and substituting in lieu thereof the attached Article 14-SJ; and C. By repealing 14-SB-5 in its entirety and substituting in lieu thereof the attached Section 14-86- 5; and p~ ~ ~ ~ D. By regaling 14-9F in its entirety and substituting in lieu thereof the attached Article 14-9F. SECTION III. REPEALER. All ordi- nances and parts of ordinances in conflict with the provi-sions of this Ordinance are hereby repealed. 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. Passed and approved this 16th day of November, 2010. s/Matthew J. Hayek, Mayor Attest: Marian K. Karr, City Clerk 14-4B-2: VARIANCES: The board of adjustment is empow- ered to grant variances from the provisions of this title that will not be contrary to the public interest when, owing to unique circumstances or conditions, a literal interpretation of this title would deprive the applicant of rights commonly enjoyed by other properties in the zoning dis- trict under the terms of this title and would impose unnecessary and undue hardship on the applicant. To ensure that the spirit of this title is observed and substantial justice done, no variance to the strict appli- cation of any provision of this title shall be granted by the board unless the applicant demonstrates that all of the following approval cri- teria are met. The procedures for obtaining a variance are set forth in chapter 8, article C, "Board Of Adjustment Approval Procedures", of this title. A. Approval Criteria: 1. The proposed variance will not threaten neighborhood integrity, nor have a substantially adverse effect on the use or value of other proper- ties in the area adjacent to the prop- erty included in the variance; and 2. The proposed variance will be in harmony with the general purpose and intent of this title and will not contravene the objectives of the comprehensive plan, as amended; and 3. The property in question cannot yield a reasonable return if required to comply with the requirements and standards specified in this title; and 4. The owner's situation is unique or peculiar to the property in question, and the situation is not shared with other landowners in the area nor due to general conditions in the neighborhood, except when a vari- ance from a floodplain management standard is requested per 14-5J-9; and 5. The hardship is not of the landowner's or applicant's own making or that of a predecessor in title. B. Use Variance Prohibited: Under no circumstance may the board grant a variance that would allow a land use, other than those specifi- cally allowed in the zoning district in which the subject property is locat- ed. C. Burden Of Proof: The applicant bears the burden of proof and must support each of the approval criteria by a preponderance of the evi- dence. C~.,a.. ~ o -- 4~ t ~ ~~ Y P 5 a ~ ~- D. Precedents: The granting of a variance is not grounds for granting other variances for the same or dif- fering properties. (Ord. 05-4186, 12-15-2005) 14-5J Floodplain Management Standards Purpose The purpose of this Article is to pro- tect and preserve the rights and privileges and property of Iowa City and its residents and to protect, pre- serve and improve the peace, safe- ty, health, welfare, comfort and con- venience of its residents by mini- mizing flood losses. The provisions of this Article are designed to: Reserve sufficient floodplain area for the conveyance of flood flows so that flood heights and velocities will not be increased substantially. Restrict or prohibit uses that are dangerous to health, safety or prop- erty in times of flood or that cause excessive increases in flood heights or velocities. Require that uses vulnerable to floods, including public utilities that serve such uses, be protected against flood damage. Assure that eligibility is maintained for property owners to purchase flood insurance through the national flood insurance program. Applicability and Interpretation Application of Provisions The regulations within this article apply to all lands identified in the "Johnson County, Iowa, and Incorporated Areas Flood Insurance Rate Map", dated February 16, 2007. The "Johnson County, Iowa and Incorporated Areas Flood Insurance Study", as amended, is hereby adopted by reference and is made a part of this article for the purpose of administering floodplain management regulations. Minimum Requirements The provisions of this Article are considered minimum requirements and will be liberally construed in favor of the governing body and will not be deemed a limitation or repeal of any other powers granted by State statutes. Abrogation and Greater Restrictions It is not intended by this Article to repeal, abrogate or impair any exist- ing easements, covenants or deed restrictions. However, where this Article imposes greater restrictions, the provisions of this Article shall prevail. Where more specific provi- sions herein conflict with other pro- visions of this Title, this Article shall prevail. Legal Authority and Findings of Fact Legal Authority Chapter 4558, Code of Iowa, as amended, gives cities authority to adopt regulations governing devel- opment and redevelopment within flood hazard areas, including desig- nation of flood hazard maps. Legislative Findings The flood hazard areas of Iowa City are subject to periodic inundation which can result in loss of life and property, health and safety hazards, disruption of commerce and gov- ernmental services, extraordinary public expenditures for flood protec- tionand relief and impairment of the tax base, all of which adversely affect the peace, safety, health, wel- fare, comfort and convenience of its residents. These flood losses, hazards, and related adverse effects are caused by the occupancy of flood hazard areas by uses vulnerable to flood damages. Such uses create haz- ardous conditions as a result of being inadequately elevated or oth- erwise protected from flooding and the cumulative effect of obstructions on the Floodplain causing increases in flood heights and velocities. This Article relies upon engineering methodology for analyzing flood hazards, which is consistent with the standards established by the Iowa Department of Natural Resources or its assignee. Compliance with Provisions; Nonconforming Situations Except as provided in subsection B, below, no structure or land shall hereafter be used and no structure shall be located, enlarged, convert- ed or structurally altered without full compliance with the terms of this Article. If a structure that is not in compli- ance with the provisions of this Article lawfully existed prior to May 2, 1977 and has existed continu- ously without abandonment since that time, then improvements may be made to the structure, notwith- standing the provisions of this Article, provided such improve- ments do not constitute a substan- tial improvement as defined in Article 14-9F, of this Title, Floodplain Management Definitions. However, structures, uses, or development that are non- conforming with regard to other pro- visions ofthis Title must comply with the applicable regulations con- tained in Article 14-4E, Nonconforming Situations. Enforcement Enforcement Official Designated The Building Official shall adminis- ter and enforce the provisions of this Article. Duties and Responsibilities Duties and responsibilities of the Building Official include, but are not necessarily limited to the following: Record and maintain a record of the elevation (in relation to National Geodetic Vertical Datum) of the low- est floor of all new or substantially improved buildings or the elevation to which new or substantially improved structures have been floodproofed. Notify adjacent communities or counties and the Iowa Department of Natural Resources, or its assignee, prior to any proposed alteration or relocation of a water- course. Keep a record of all permits, appeals, variances and other such transactions and correspondence pertaining to the administration of this Article. Floodplain Development Permit Permit Required A Floodplain Development Permit, issued by the Building Official, must be obtained prior to initiation of any development on a parcel of land within a flood hazard area accord- ing to the applicable review and approval procedures contained in Article 14-f3B, Administrative Approval Procedures. Issuance of a floodplain development permit does not relieve the property owner from complying with federal, state, or other agency regulations, includ- ing approval when required from the Iowa Department of Natural Resources. Compliance Floodplain Development Permits based on approved plans and appli- cations authorize only the use, arrangement, and construction set forth in such approved plans and applications. Prior to use or occu- pancy of any structure, the appli- cantwill be required to submit certi- fication by a professional engineer or land surveyor, registered in the State, that the finished fill, building floor elevations, floodproofing or other flood protection measures were accomplished in compliance with the provisions of this Article. Any use, arrangement or construc- tion not in compliance with the uses authorized will be deemed a viola- tion of this Article. General Floodplain Management Standards All properties subject to the regula- tions of this Article must comply with the following applicable perform- ance standards. General Construction Requirements All structures shall be: 1. adequately anchored to prevent flotation, collapse or lateral move- ment of the structure; and 2. constructed with materials and utility equipment resistant to flood damage; and 3. constructed by methods and practices that minimize flood dam- age. Class I Critical Facilities Class I Critical Facilities may not be located within a flood hazard area. Class I Critical Facilities must be located with a means of vehicular access that will remain passable during occurrence of the 0.2% flood event. Residential Buildings All new or substantially improved residential structures must have the lowest floor of the original structure and any lateral addition elevated a minimum of one foot above the flood hazard elevation. Where existing topography, street grades, or other factors preclude elevating by fill, alternate methods of elevating, such as piers, may be allowed, subject to approval by the Building Official. In such a case, a licensed professional shall certify that the methods used will be ade- quate to support the structure as well as withstand the various forces and hazards associated with flood- ing. Nonresidential Buildings All new or substantially improved nonresidential buildings must have the lowest floor of the original struc- ture and any lateral addition elevat- ed aminimum of one foot above the flood hazard elevation or, together with attendant utility and sanitary systems, be floodproofed to such a level. When floodproofing is utilized, a professional engineer registered in the State shall certify that the flood- proofing methods used are ade- quate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors asso- ciated with the flood hazard, and that the structure below the flood hazard elevation is watertight with walls substantially impermeable to the passage of water. Such certifi- cation must also indicate the specif- ic elevation, in relation to National Geodetic Vertical Datum, to which anv structures are floodproofed. A record of this certification will be retained in the office of the Building Official. All New and Substantially Improved Structures Fully enclosed areas below the "lowest floor" that are subject to flooding shall be designed to auto- matically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a registered professional engi- neer to meet or exceed the follow- ing minimum approval criteria: There must be a minimum of 2 openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The openings shall not be located on the same wall. The openings shall be located on exterior walls such that the 1 % flood elevation, or shallow flood eleva- tion, is above the bottom of the opening, and in all cases the bottom of all openings shall be no higher than one foot above grade. Openings shall permit the automat- ic entry and exit of floodwaters. New and substantially improved structures must be designed or modified and adequately anchored to prevent flotation, collapse or lat- eral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. New and substantially improved structures must be constructed with electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facili- ties elevated or floodproofed to one foot above the flood hazard eleva- tion. Manufactured Housing Manufactured housing, including those placed in existing manufac- tured housing parks, planned devel- opments, or subdivisions, must be: Anchored to resist flotation, col- lapse or lateral movement. Elevated on a permanent founda- tion such that the lowest floor of the structure is a minimum of one foot above the flood hazard elevation. Utility and Sanitary Systems All new or replacement on-site sewage waste disposal systems must be located or designed to avoid impairment to the system or contamination from the system dur- ing flooding. New or replacement water supply systems and sanitary sewage sys- tems must be designed to minimize or eliminate infiltration of tloodwa- ters into the system. Water supply facilities and sanitary sewage sys- tems must be provided with a level of protection equal to or greater than one foot above the flood haz- ard elevation. Utilities, such as gas or electrical systems, must be located and con- structed to minimize or eliminate flood damage to the system and the risk associated with such flood damage or impaired systems. Storage of Flammable, Explosive or Injurious Materials Storage of materials and equip- ment that are flammable, explosive or injurious to human, animal or plant life is prohibited unless elevat- ed aminimum of one foot above the flood hazard elevation. Other mate- rial and equipment must either be similarly elevated or: not be subject to major flood dam- age and be anchored to prevent movement due to flood waters or; be readily removable from the area within the time available after flood warning. Flood Control Structural Works Flood control structural works, including but not limited to levees and flood walls, must provide, at a minimum, protection from a 0.2 flood event with a minimum of 3 feet of design freeboard and must pro- vide for adequate interior drainage. In addition, flood control structural works must be approved by the Iowa Department of Natural Resources or its assignee. Inhibiting Ftoodways and Drainage Facilities No use shall affect the capacity or conveyance of the channel or flood- way of any tributary to the main stream, drainage ditch or other drainage facility or system. Subdivisions Subdivisions and Planned Developments, including manufac- tured housing parks, must be designed to minimize flood damage and must have adequate drainage provided to reduce exposure to flood damage, and must meet the applicable performance standards established by the City Engineer. Development associated with sub- division proposals (including the installation of public utilities) shall meet the applicable performance standards of this Ordinance. Any subdivision, planned development, or manufactured housing park intended for residential develop- ment must provide all lots with a means of vehicular access that will remain passable during occurrence of the 1 % flood event. Proposals for subdivisions shall include the flood hazard elevation data for those areas located within flood hazard areas. Residential Accessory Structures The exemption of detached garages, sheds and similar struc- tures from the flood elevation requirements may result in increased premium rates for insur- ance coverage of the structure and contents; however, said detached garages, sheds and similar acces- sory type structures are exempt from the flood elevation require- ments when all of the following con- ditions exist: The structure is not used for human habitation. The structure is designed so as to have low flood damage potential. The structure is constructed and placed on the building site so as to offer minimum resistance to the flow of flood waters. The structure is firmly anchored to prevent flotation, which may result in damage to other structures. The service facilities for the struc- ture, such as electrical and heating equipment, are elevated or flood- proofed to at least one foot above the flood hazard elevation. There shall be a minimum of ? openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The openings shall not be located on the same wall. The openings shall be located on exterior walls such that the 1 % flood elevation, or shallow flood eleva- tion, is above the bottom of the opening, and in all cases the bottom of all openings shall be no higher than one foot above grade. Openings shall permit the automat- ic entry and exit of floodwaters. M. Recreational Vehicles 1. Recreational Vehicles are exempt from the requirements of Section 14-5J-7(f) of this Article regarding anchoring and elevation of manufactured homes when the following criteria are satisfied: a. the recreational vehicle shall be located on the site for less than 180 consecutive days; and b. the recreational vehicle must be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system and is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions. 2. Recreational vehicles that are located on the site for more than 180 consecutive days or are not ready for highway use must satisfy requirements of 14-5J-7(F) of this Article regarding anchoring and ele- vation of manufactured homes. Special Floodway Provisions In addition to the general floodplain standards listed above, uses within the floodway must meet the follow- ing applicable standards. No use is permitted in the floodway that would increase the 1 % flood hazard elevation, unless approved by the Iowa Department of Natural Resources or its assignee. All uses within the floodway must: Be consistent with the need to min- imize flood damage; and Use construction methods and practices that will minimize flood damage; and Use construction materials and util- ity equipment that are resistant to flood damage. No use is permitted that would affect the capacity or conveyance of the channel or floodway or any trib- utary to the main stream, drainage ditch or any other drainage facility or system. Structures, buildings and sanitary and utility systems, if permitted, must meet the applicable general Floodplain management standards and must be constructed and aligned to present the minimum possible resistance to flood flows. Buildings, if permitted, must have low flood damage potential and must not be used for human habita- tion. Storage of materials or equipment that are buoyant, flammable, explo- sive or injurious to human, animal or plant life is prohibited. Storage of other material may be allowed if readily removable from the flood- way within the time available after flood warning. Watercourse alterations or reloca- tions, including channel changes and modifications, must be designed to maintain the flood-car- rying capacity within the altered or relocated portion. In addition, such alterations or relocations must be approved by the Iowa Department of Natural Resources or its assignee. Any fill or stream bank erosion con- trol projects allowed in the floodway must have some beneficial purpose and will be limited to the minimum amount necessary. Pipelines that cross rivers or streams must be buried in the streambed and banks or otherwise sufficiently protected to prevent rup- ture due to channel degradation and meandering or due to action of flood flows. Where floodway data has been provided in the flood insurance study, such data shall be used to define the floodway limits. Where no floodway data has been provided, the Iowa Department of Natural Resources or its assignee shall be contacted to provide- a floodway delineation. Where flood- way data is not available, it shall be the responsibility of the permittee to produce engineered data delineat- ing the floodway. Variances The Board of Adjustment may authorize, upon request, in specific cases, such variances from the terms of this Article that will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provi- sions of this Article will result in unnecessary and undue hardship. To ensure that the spirit of the ordi- nance is observed and substantial justice done, no variance to the strict application of any provision of this Article shall be granted by the Board unless the applicant demon- strates that all of the following approval criteria are met. In addi- tion, the applicant must meet all the provisions and general approval cri- teria for variances as stated in Article 14-4B, Minor Modifications, Variances, Special Exceptions, and Provisional Uses, except 14-4B- 2a4. Approval Criteria No variance shall be granted for any development within the flood- way that would result in any increase in flood elevation unless approved by the Iowa Department of Natural Resources or its assignee. Variances shall only be granted upon a showing of good and suffi- cient cause, and a determination that the granting of the variance will not result in increased flood eleva- tion, additional threats to public safety, extraordinary public expense, create nuisances or cause fraud on or victimization of the public. Variances shall only be granted upon a determination that the vari- ance is the minimum necessary, considering the flood hazard, to afford relief. In cases where the variance involves a lower level of flood pro- tection for buildings than what is ordinarily required by this Article, the applicant shall be notified, in writing, over the signature of the Building Official, that the issuance of a variance will likely result in increased premium rates for flood insurance. All variances granted shall have the concurrence or approval of the Iowa Department of Natural Resources or its assignee. Factors for Consideration When considering applications for variances, the Board of Adjustment will consider all relevant factors specified in other sections of this Article in addition to the following factors: The danger to life and property due to increased flood elevation or velocities caused by encroach- ments. The danger that materials may be swept on to other land or down- stream to the injury of others. The importance of the services pro- vided by the proposed facility to the community, and the risk of losing said services during a flood event. The risk assumed by emergency personnel if it is necessary to evac- uate the use/structure during a flood event. After consultation with the Historic Preservation Commission, a deter- mination of whether compliance with the floodplain regulations would result in a substantial alter- ation or destruction of defining architectural characteristics of land- mark properties and properties located within historic or conserva- tion districts. Such other factors that are relevant to the purposes of this Article. Conditions of Approval Upon consideration of the factors and approval criteria listed above, the Board of Adjustment may attach such conditions and safeguards to the granting of a variance as it deems necessary to fulfill the pur- poses and intent of the provisions of this Article. Amendments The regulations and standards set forth in this Article may, from time to time, be amended, supplemented, changed or repealed. No amend- ment, supplement, change or modi- fication shall be undertaken without prior approval of the Iowa Department of Natural Resources or its assignee. Warning and Disclaimer of Liability The degree of flood protection required by this Article is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by human-made or natural causes, such as ice jams and bridge open- ings restricted by debris. This Article does not imply that areas outside the regulated areas will be free from flooding or flood damages. This Article does not imply that uses per- mitted within the regulated areas will be free from flooding or flood damages. This Article shall not cre- ate liability on the part of Iowa City or any officer or employee thereof for any flood damages that result from reliance on this Article or any administrative decision lawfully made hereunder. 14-86-5: FLOODPLAIN DEVELOP- MENT PERMIT: A. Permit Required: A floodplain development permit issued by the building official shall be secured prior to initiation of any develop- ment on atract of land within a flood hazard area. B. Submittal Requirements: The building official may require the fol- lowing information: 1. Description of the work to be cov- ered by the permit. 2. Description of the land on which the proposed work is to be done (i.e., lot, block, tract, street address or similar description) that will read- ily identify and locate the work to be done. 3. Indication of the use or occupan- cy for which the proposed work is intended. 4. Elevation of the flood hazard event. Where flood elevation data is not provided in the Flood Insurance Study, the applicant shall contact the Iowa Department of Natural Resources to obtain such data. 5. Elevation in relation to national geodetic vertical datum of the low- est floor, including basement, of buildings or of the level to which a building is to be floodproofed. 6. For buildings being improved or rebuilt, the estimated cost of improvements and market value of the building prior to the improve- ments. 7. Such other information as the building official deems reasonably necessary for the purpose of deter- mining compliance with the require- ments of chapter 5, article J, "Floodplain Management Standards", of this title. C. Approval Procedure: The build- ingofficial shall, within a reasonable time, make a determination as to whether the proposed floodplain development meets the applicable standards of chapter 5, article J, "Floodplain Management Standards", of this title, and shall approve or disapprove, in writing, the application. For disapprovals, the applicant will be informed, in writing, of the specific reasons why the application was disapproved. The building official shall not issue permits for variances, except as approved by the board of adjust- ment according to the approval cri- teria for such variances set forth in chapter 5, article J of this title. (Ord. 05-4186, 12-15-2005) 14-9F Floodplain Management Definitions As used in Article 14-SJ, Floodplain Management Standards, the follow- ing definitions shall apply. The General Definitions contained in Article A of this Chapter shall apply to all terms used in Article 14-SJ that are not defined below. 100-YEAR FLOOD EVENT: Aflood, the magnitude of which has a one percent chance of being equaled or exceeded in any given year or which, on the average, will be equaled or exceeded at least once every 100 years. 500-YEAR FLOOD EVENT: A flood, the magnitude of which has atwo- tenths percent chance of being equaled or exceeded in any given year or which, on the average, will be equaled or exceeded at least once every 500 years. 1 % ANNUAL FLOOD EVENT: The predicted level of flooding with a one percent (1%) chance of being equaled or exceeded in any given year (formerly known as the 100- yearflood event). 0.2 % ANNUAL FLOOD EVENT: The predicted level of flooding with atwo-tenths (0.2%) chance of being equaled or exceeded in any given year (formerly known as the 500- yearflood event). BASEMENT: Any enclosed area of a building that has its floor or lowest level below ground level (subgrade) on all sides (see definition of Lowest Floor). CLASS 1 CRITICAL FACILITIES: Facilities that must remain accessi- ble during the 0.2 % flood event because they are the base of oper- ations for emergency responders, are particularly difficult to evacuate during a flood event, or facilities that provide services essential to the life, health, and safety of the com- munity. Class 1 Critical Facilities include police and fire stations, emergency medical centers, com- munication centers, hospitals, jails, nursing homes, and other residen- tial uses for persons with limited mobility and/or dependency upon life-sustaining medical equipment. CRITICAL FACILITIES: Structures that store public records; museums and libraries; schools; and other buildings that store rare and/or valu- able items and information that sus- tainthe history and public records of a community. These structures are not expected to remain accessible or functioning during a flood event, though in many instances their functions must resume as soon as possible after a flood event. Critical Facilities also include public insfras- tructure such as water distribution and wastewater treatment facilities, which are expected to remain func- tioning during a flood event although they may be temporarily inaccessible or accessible only by watercraft during a flood event. DEVELOPMENT: Any humanmade change to improved or unimproved real estate, including ,but not limit- ed to, the placement of manufac- tured housing, buildings or other structures, mining, dredging, streambank erosion control meas- ures, filling, grading, paving, exca- vation or drilling operations. Development is considered to com- mence with either the first place- ment or permanent construction of a structure on a site, such as pour- ing of a slab or footings, the instal- lation of pile, the construction of columns, or any work beyond the stage of excavation; or the place- ment of a factory-built home on a foundation. FLOOD: A general and temporary condition of partial or complete inundation of normally dry land areas resulting from the overflow of streams or rivers or from the unusu- al and rapid runoff of surface waters from any source. FLOOD CONTROL STRUCTURAL WORKS: Barriers or storage areas constructed to control floodwater, modify or re-direct a channel. FLOOD ELEVATION: The elevation which floodwaters would reach at a particular site during the occurrence of a specific frequency flood. For instance, the 1 % flood elevation is the elevation of floodwaters with a 1% likelihood of occurring in any given year. The 0.2% flood eleva- tion is the elevation of floodwaters with a 0.2% likelihood of occurring in any given year. In areas of shal- low flooding, there is a 1% or greater annual chance of flooding to an elevation specified on the Flood Insurance Rate Map. FLOOD HAZARD AREA: Land that is shaded and identified as "AE", "X" or "AH" on the Flood Insurance Rate Map. FLOOD HAZARD ELEVATION: In AE zones, the elevation of the 0.2% flood as profiled in the Flood Insurance Study for Johnson County, Iowa. In areas of shallow flooding, the elevation of the flood as illustrated on the Flood Insurance Rate Map. FLOOD INSURANCE RATE MAP: The official map prepared as part of (but published separately from) the flood insurance study which delin- eates both the flood hazard areas and the risk premium zones appli- cable to the community. FLOOD INSURANCE STUDY: A study initiated, funded and pub- lished by the federal insurance administration for the purpose o1 evaluating, in detail, the existence and severity of flood hazards, pro- viding the city with the necessary information for adopting a floodplain management program and estab- lishing actuarial flood insurance rates. FLOODPLAIN: Any land area sus- ceptible to being inundated by water as a result of a specific frequency flood. For instance, the 1% flood- plain is the area of land that, in any given year, has a 1% likelihood of flooding. The 0.2%floodplain is the area of land that, in any given year, has a 0.2% likelihood of flooding. In areas of shallow flooding, there is a 1% or greater annual chance of flooding to a specified elevation, but a clearly defined channel does not exist, and the path of flooding is unpredictable. FLOODPLAIN MANAGEMENT: An overall program of corrective and preventive measures for reducing flood damages and for promoting the wise use of floodplains, includ- ing, but not limited to, emergency preparedness plans, flood control works, floodproofing and floodplain management regulations. FLOODPROOFING: Any combina- tion of structural and nonstructural additions, changes or adjustments to structures, including utility and sanitary facilities, which will reduce or eliminate flood damage to such structures. FLOODWAY: The channel of a river or stream and those portions of the floodplains adjoining the channel which are reasonably required to carry and discharge floodwaters so that confinement of floodwaters to the floodway area will not result in substantially higher flood elevation. FLOODWAY FRINGE: Those por- tions of the floodplain, other than the floodway, which can be filled, leveed or otherwise obstructed without causing substantially higher flood elevations. LOWEST FLOOR: The floor of the lowest enclosed area in a building, including a basement, except when all the following criteria are met: the enclosed area is designed to flood to equalize hydrostatic pres- sure during floods with walls or openings that satisfy the provisions of 14-5J-7E of this Title; and the enclosed area is unfinished (not carpeted, drywalled, etc.) and used solely for low damage potential uses, such as building access, parking or storage; and machinery and service facilities (e.g. hot water heater, furnace, electrical service) contained in the enclosed area are located at least one foot above the flood hazard ele- vation; and the floor is not below grade on all sides. MANUFACTURED HOUSING: Any structure designed for residential use which is wholly or in substantial part, made, fabricated, formed or assembled in manufacturing facili- ties for installation or assembly and installation on a building site. For the purposes of Article 14-5J, Floodplain Management, manufac- tured housing includes factory built homes, mobile homes, manufac- tured homes and modular homes and also includes park trailers, trav- el trailers and other similar vehicles placed on a site for greater than 180 consecutive days. MANUFACTURED HOUSING PARK: A parcel or contiguous parcels of land divided into two or more manufactured housing lots for rent or sale. NEW CONSTRUCTION OF NEW BUILDINGS, MANUFACTURED HOUSING PARKS: Those struc- tures or development that began construction after May 2, 1977. RECREATIONAL VEHICLE: A vehicle which is: built on a single chassis; four hundred (400) square feet br less when measured at the largest horizontal projection; designed to be self-propelled or permanently towable by a light duty truck; and designed primarily not for use as a permanent dwelling but as a tempo- rary living quarters for recreational, camping, travel, or seasonal use. SHALLOW FLOOD HAZARD AREA: Areas of special flood haz- ards having shallow water depths and/or unpredictable flow paths between one (1) and three (3) feet, and with water surface elevations determined. STRUCTURE: Anything construct- ed or installed on the ground or attached to the ground, including, but not limited to buildings, facto- ries, sheds, cabins, manufactured housing, storage tanks and similar. SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure where the cost of restor- ing the structure to its pre-damaged condition would equal or exceed 50 percent of the assessed or market value as established by an apprais- al paid for at the owner's expense, whichever is greater. SUBSTANTIAL IMPROVEMENT: Any improvement to a structure that satisfies either of the following crite- ria: Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty per- cent of the assessed or market value as established by an apprais- al paid for at the owner's expense, whichever is greater, of the struc- ture either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the build- ing commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a struc- ture to comply with existing state or local health, sanitary or safety code specifications which are solely nec- essary to assure safe conditions for the existing use. Any addition which increases the original floor area of a building by 25 percent or more. All additions constructed after May 2, 1977 shall be added to any proposed addition in determining whether the total increase in original floor space would exceed 25 percent. 81713 November 24, 2010 ~ r ~ul~1i. -•a.as._ CfTY OF IOWA CITY 410 East Washington Stree[ Iowa City, Iowa 52240-1826 (319} 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 10-4415 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 30th day of November, 2010, all as the same appears of record in my office and published in the Iowa City Press-Citizen on December 8th, 2010. Dated at Iowa City, Iowa, this 3rd day of January, 2011. \`\ \ . Voparil Deputy City Clerk Printer's Fee $ ~ (. ~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, 1206 ~ ~~J~2rZ Bi's~-Seei~irla, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper ~ .time(s), on the following date(s): I~EGfi~BF.2 Bi .ZDID Legal Cle Subsc ' ed and sworn to before me this day o A.D.20 LO ar Public ~w~ LINDA KROTZ ~~ Commission Number 73261 ~,. .My Commission ~xpir~es Jan 27, 2011 OFFICIAL PUBLICATION ORDINANCE NO. 10-4415 ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, ENTITLED "TAXI- CABS", SECTION 10, "TERMS OF DECALS AND AUTHORIZATION; RENEWALS" TO CHANGE DRI- VER AUTHORIZATIONS TO BE VALID FOR ONE YEAR AND PLACE RESPONSIBILITY FOR MAINTAINING A VALID IOWA CHAUFFEUR'S LICENSE ON THE DRIVER AND THE TAXICAB BUSINESS. WHEREAS, City Code section 5-2 establishes regulations for taxicabs and drivers; and WHEREAS, City Code section 5-2- 10Bpresently provides that the driv- er authorization is valid for one year or the remaining period of the license if less than one year; and WHEREAS, the State of Iowa recently implemented a new proce- dure for issuance and/or rehewal of drivers license providing a 30 day temporary license which would require a driver to apply with the temporary license and return to the City a second time with the final issued license; and WHEREAS, because all licenses are now valid for only 30 days, the provision that allows for driver authorization to be valid through the remained period of the license should be deleted; and WHEREAS, it is the responsibility of the driver and the taxicab business to ensure that each driver does have and maintain a valid Iowa chauffeur's license at all times. NOW, THEREFORE, BE IT ORDAINED BY THE CITY 000N- CIL OFTHE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 10, 'Terms of Decals and Authorization; Renewals," is hereby amended by deleting it in its entirety and adding a new 5-2-10 as follows: 5-2-10: TERMS OF DECALS AND AUTHORIZATION; RENEWALS: A. Taxicab business licenses shall be valid for one year. They shall commence on March 1 or the date of issuance, and shall expire on the last day of February. B. Driver authorization shall be valid for a period of one year from date of issuance. C.Decals shall be valid for one year. They shall commence on March 1 or the date of issuance and shall expire on the last day of February. D. Renewals shall follow the same procedure as set for initial issuance. E. Fees for licenses and decals shall be set by resolution of the City Council. SECTION II. REPEALER. All ordi- nances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provi-sion 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 IV. EFFECTIVE DATE. This Ordinance shall be in effect upon publication. Passed and approved this 30th day of November, 2010. s/Matthew J, Hayek, Mayor Attest: s/Marian K. Karr, City-Clerk 83755 December 8, 2010 ~ r ~.®~„~ -~a.a`_ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 10-4416 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 7th day of December, 2010, all as the same appears of record in my office and published in the Iowa City Press-Citizen on December 15th, 2010. Dated at Iowa City, Iowa, this 3rd day of January, 2011. ~~ ~~ ~ Ju ~ .Voparil Deputy City Clerk Printer's Fee $ ,~~. DPI CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, Q A C~F~ Sr~~_ Bi~a~rra-$eei~iia, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper l .time(s), on the following date(s): ~~F' X1$1;,2 ~ S, 1 d l 0 Legal Clerk Subscrib d and sworn to fore me this / 5`~`~ day o A.D. 20 1 D ry Public ~,,~ UND NuRQ~TZ73261 ~ ~ COn11f11SS10n • My commission Expire. ar- Jan 21~'aO1y ':^:OFFIGfkI~UBLICATION ORDINANCE NO. 10-4416 AN ORDINANCE REZONING APPROXIMATELY 1.38 ACRES OF LAND LOCATED AT 385 RUP- PERT ROAD FROM INTENSITVE COMMERCIAL (CI-1) TO INSTITU- TIONAL PUBLIC ZONE (P-2) (REZ10-00009) licant, the WHEREAS, the app University of Iowa; has requested a rezoning of approximately 1.38 acres of property located at 385 Ruppert Road; and WHEREAS, Section 14-2F-B-2 states that public uses_of land __ --- ~_ owned or otherwise controlled by the State or Federal government, such as university campuses, , regional medical facilities, post offices and other state and federally owned facilities should be zoned Institutional Public Zone (P-2).; and WHEREAS, the Planning'and Zoning Commission has reviewed the proposed rezoning and deter- mined that it complies with the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY 000N- CIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property legally described as Lot 1, North Airport Development-Part Two, Iowa City, Iowa, according to the plat thereof recorded in Book 45, Page 91, Plat Records of Johnson County, Iowa is hereby reclassified from its current zoning designation of Intensive Commercial (CI-1) to Institutional Public Zone (P-2). SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of bwa City, Iowa, to conform to this amendment upon the tinal passage, approval and publication of the ordinance as approved by law. SECTION III. CERTIFICATION AND RECORDING, Upon passage anq,approval of em, the City Clerk ie heYr~ ed and directed to Certify a copy of this ordi- nance and record the same in the Office of the County Recol'der, Johnson County, Iowa, at the City's expense, upon the final passage, approval and publicati©n of this ordinance, as provided by law.- . SECTION tV. REPEALER; All ordi- nances and parts of ordinances in conflict wkh the' provisions Of this Ordinance are hereby repealed. SECTION V. 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 irvalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approv-al aril publication, as provided by law. Passed and approved this 7th day of December, 2010. sMlatthew J. fiayek, Mayor Attest: s/Marian K. Kan, City Clerk 83774 December 15, 2010 ~ r CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240- 1 826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 10-4417 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 7th day of December, 2010, all as the same appears of record in my office and published in the Iowa City Press-Citizen on December 15th, 2010. Dated at Iowa City, Iowa, this 3rd day of January, 2011. ~~ k~ .Voparil Deputy City Clerk o~.J.. ~ a - ~~« Printer's Fee $ ~ng,.~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, ~. ~Q S~a~r2. ~itt~~eei~isfa, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper ~ .time(s), on the following date(s): DiE~~E,~.r~F 1 S - ~ !D Legal Cler Subscri ed and sworn to afore me this /5'-`~''~ day of A.D. 20~~. y Public e UNDA KROTZ ~ ~ commission Number r~2st ~ ~~ N OFFICIAL PUpL. ORDINANCE NO. 10-4417 AN ORIDINANCE REZONING THE FOLLOWING PROPERTIES OWNED BY THE CITY OF IOWA CITY TO NEIGHBORHOOD PUB- LIC (P-1) ZONE: FROM OVERLAY PLANNED DEVELOPMENT LOW DENSITY (OPD-5) ZONE FOR PROPERTIES LOCATED IN DEAN OAKES SIXTH ADDITION, THORNBERRY DOG PARK, PENINSULA PARK, AND -OAK- MONT. ESTATES; FROM OVER- LAY PLANNED DEVELOPMENT LOW DENSITY (OPD-5) ZONE AND fNTERIM DEVELOPMENT MULTI-FAMILY RESIDENTIAL (ID- RM) ZONE FOR PROPERTY LOCATED IN SAND HILL PARK; FROM OVERLAY PLANNED DEVELOPMENT MEDIUM DENS4 TY (OPD-8) ZONE FOR FRAUEN- HOLTZ-MILLER PARK; FROM LOW DENSITY SINGLE FAMILY (RS-5) ZONE FOR AUDITOR'S PARCEL 2002301, TERRELL MILL PARK AREA, AND CERTAIN CITY-OWNED LAND -WEST OF SCOTT BOULEVARD; AND FROM INTERIM DEVELOPMENT MULTI- FAMILY RESIDENTIAL (ID-RM) ZONE FOR PROPERTY LOCAT- ED NORTH OF MCCOLLISTER BOULEVARD (REZ10-00011) WHEREAS, Section 14-2F-1B-1 of the Zoning Ordinance states that uses such as schools, parks, police and fire stations, -and other, civic buildings owned or otherwise con- trolled by the County, the City, or the Iowa City Community School District for such uses will lie desig- nated as P-1, Neighborhood Public Zones; and WHEREAS, the applicant, the City of Iowa City, has requested a rezon- ing of the aforementioned proper- tiesfrom their prior zoning designa- tion to Neighborhood Public (P-1 ); and WHEREAS, the properties whose .descriptions are listed below fall into the category of properties owned by the City; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and deter- mirted • that-it -sompllea- witty the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY 000N- CIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The zon- ing designation for the properties described below is hereby changed from the prior designation, to P-1, Neighborhood Public: 1. Dean Oakes Sixth Addition, Outlot A, according to the plat there- of recorded at Book 44, Page 11, in the records of the Johnson County Recorder. 2. Thornberry Dog Park and Peninsula Park legally described as: Johnson County Auditor's Parcel 95080, containing 190.2 acres and described on the plat of survey recorded August 10, 1995, in Book 35, Page 267, Records of Johnson County Recorder, including the por- tion thereof depicted and described as Outlot N in the approved prelimi- nary plat for the Peninsula Neighborhood, Iowa City, Iowa, but excluding the balance of the proper- ty contained within the approved preliminary plat for the Peninsula Neighborhood, bwa City, Iowa, and also excluding Johnson County Auditor's Parcel 97099, containing 24.00 acres. ~~ ~ ~ a 3. Oakmont Estates, Outlot A, according to the plat thereof record- ed at Book 46, Page 319, in the records` of the Johnson County Recorder. 4. Sand Hill Estates Part I, Outlot M, according to the plat thereof record- ed at Book 47, Page 230, in the records of the Johnson County Recorder and Auditor's Parcel 2001051 according to the plat thereof recorded at Book 43, Page 94, in the records of the Johnson County Recorder. 5. Frauenholtz-Miller Park legally described as: Windsor Ridge, Part Twenty "B", Outlot A, according to the plat thereof recorded at Book 51, Page, 120, in the records of the Johnson County Recorder. 6. Auditor's Parcel 2002301 accord- ing to the plat thereof recorded at Book 45, Page 53, in the records of the Johnson County Recorder. 7. Terrell Mill Park Area legally described as: Commencing at an iron Pips at the intersection of the south line of Government Lot 2, Secton 3, Township 79 North, Range B West of the 5th P.M. and the 11Uesterly line of former Highway 218, thence north 33057' V1l 293.3 feet to an iron pipe: thence no>•th 88o37'W 805.4 feet to an iron pipe, thence south 81041' W 60.3 feet to an iron pipe, thence south Oo26' E 778.7 feet to the Iowa River bank, thence south- easterly abng. said Iowa River 73 feet, thence north 16022' E 233.5 feet to an iron pin, thence north 58016' E 328.8 feet town iron pipe, thence north 54004' E 262.9 feet to an iron pin on the south lihe of said Government lot 2, thence East abng said line 386.6 feet to the place of beginning, as shown on plat record in Plat Book 2, Page 167, Plat Records of Johnson County, Iowa, and Commencing as a point of refer- ence at the center of Section 3, Township~79 North, Range 6 West of the 5th P.M., bwa City, Jonson County, Iowa; Thence West 430.9 feet along the South line of Government Lot 2 in the Northwest ~ Quarter. of said Section 3 to a pant of intersection with the former Westerly. Right-of-Way line of North Dubuque Street (for purposes of this defacriptbn the South line of said Government Lot 2 is assume to bear true East and West); Thence continuing West 386.6 feet along the south line of Government Lot 2 to the Point of Beginning of tract herein described; Thence S 54004' W, 2112.9 feet; Thence S 58016' W, 326.8 feet; Thence S16o22' W, 233.5 feet to the Northerly Bank of the Iowa River; Thence S76o07'18" E, 1'59.40 feet along the Northerly Bank of the Iowa River; Thence N34o19'50" E, 712.57 feet to the point of beginning, and The West 80 feet. of the following described tract: Beginning at a point on the Southerly line of Taft Speedway which-point is located es follows: Gommencing at the inter- section of the. Southerly line of Taft Speedway wfth the Westerly line of former U.S. Highway #218; thence North 88 degrees, 37 minutes West along the Southerly Tine of Taft Speedway 805.4 feet; thence South 81 degrees, 41 minutes West abng the Southerly line of Taft Speedway 60.3 feet to saki point of beginning; from the point of beginning thus located thence 3oulh 00 degrees, 28 minutes East, 778.7 feet to the Northerly bank of the Iowa River; thence Northwesterly along the Northerly Bank of the Iowa River 780 feet more or less, to the inter- section of sak! Northerly Bank of the Iowa River with the Easterly line of Lot 20 in Idyhvild, according to the plat thereof recorded in Plat Book 1, Page 120, Plat Records of Johnson County, Iowa, thence North 00 degrees, 25 minutes West along the East line of said Lot 20, 425.5 feet to the Southerly line of Taft Speedway; thence. North 81 degrees, 41 minutes East along the Southerly line of Tact Speedway 747.9 feet to the point of beginning, and Lot 20 in Idylwild, being a Plat of J.J. Holz subdivision of a tract of land containing 12.21 acres along Iowa River on the south side of Govemment Lot 1 in Section 3, Township 79 N, Range 6 West of the 5th P.M., according to the plat thereof recorded in Plat Book 1, page 120, Plat Records of Johnson County, Iowa, and Lot 21, Idylwild, being a subdivision of a tract of land containing 12.21 acres on the South side of Lot 1, Section 3, Township 79 North, Range 6 West of the 5th P.M. according to the plat thereof, recorded in Plat Book 1, Page 120, plat records of Johnson County, Iowa, and Lot 4 except the east 105 feet there- of, in Plat of Survey in Government Lot 7, Section 4, Township 79 North, Range 6 West of the 5th P.M., according to the Plat thereof record- ed in Plat Book 3, Page 225, Plat Records of Johnson County, Iowa. 8. Ralston Creek Area West Of Scott Boulevard legally described as: That portion of Parcel 1 lying west of Scott Boulevard R.O.W. and Parcel 3, according to the plat thereof recorded at Book 19, Page 84, in the records o} the Johnson County Recorder, and That part of the Northeast .Quarter of Section 13, Township 79 North, Range 6 West of the Fifth Principle Meridian, Johnson County, Iowa more particularly described below: Commencing as the Point of Beginning at the Southwesterly most corner of lot #571, Court Hill Addition Part 11 A, as recorded in Plat Book 9, Page 40 of the records of Johnson County, Iowa; Thence South 83057' East 258.0 feet along the south Lines (and lines extended) of lots 571, 572, and 573 of said Court Hill Addition Part 11A to a point on the south line of said Lot 573 (for the purposes of this description only, the south lines of lots 571 and 572 are assumed to bear South 83o57'east); Thence South 84009' east 524.3 feet along the south lines of lot 573, 574, 501, 496, 495, and 494 to a point, said point also being at the intersection with the Westerly line of a tract of land owned by the City of Iowa City and identified as Tract 3 of the Plat recorded in Plat Book 19, Page 84 of the records of Johnson County, Iowa; Thence South 17047' West 157.8 feet (a recorded distance) along the West line of said Tract 3 to an angle point in said West line; Thence South 26020' East 193.7 fast along said West line to a point; Thence North 71047' West 858.7 feet to a point of intersection with the Easterly line of Lot 524, Court Hill Addition Part Twelve, as record- ed in Plat Book 7, Page 18, records of Johnson County Iowa; Thence North 0012' West 134.1 feet along the East lines of Lots 524 and 523, of said Court Hill Addition Part Twelve and along the East line of lot 570 of Said court. Hill Addition Part 11 A to the Point of Beginning. 9. That portion of Auditor's Parcel 95107 within South _ Section 22, Township 79, Range B West of the 5th Meridian as shown on the plat of survey dated September 29, 1995 recorded at Book 35, Page 308, in the records of the Johnson Courriy Recorder 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. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordi- nance and re~rd the same in the Office of the County Recorder, Johnson County, Iowa, at the City's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION IV. REPEALER. All ordi- nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid .or unconstitutional, such adjudication shall not affect the veiidity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordi-Hance shall be in effect after its final passage, approv-al and publication, as provided by law. Passed and approved this 7th day of December, 2010. s/Matthew J. Hayek, Mayor Attest: s/Mariarp~rar~C 5, 21010 83775 ~~.a~~ ~ r i ~_..®~"~ ,rin~-~~ • '~®~~Il CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 10-4418 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 7th day of December, 2010, all as the same appears of record in my office and published in the Iowa City Press-Citizen on December 15th, 2010. Dated at Iowa City, Iowa, this 3rd day of January, 2011. k~ ~' Voparil Deputy City Clerk Printer's Fee $ 13 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, RDG E ~ Sf,JAQ-~_ Bi'aisa-B~eei~iie, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper. ~ ,time(s), on the following date(s): DEG~MBEi2 ~5 Zl~ Legal Cl k Subsc ibed and sworn to before me this /5~ day o A.D.20 ~D Notary Public ~ UNDA KROT2 ;~ ~ Ctxnfnissior- Numbec.732fi1 ' ' ~~Ijhl Cf)IYH-MSSIAn ~fBS Jan 27, 39'H ~f~ OFFICIAL PUBLICATION ORDINANCE NO. 10-4418 AN ORDINANCE REZONING APPROXIMATELY 1.85 ACRES OF LAND LOCATED AT 4764 420th STREET SE FROM 000N- TY HEAVY INDUSTRIAL (MH) TO GENERAL INDUSTRIAL(I-1). (REZ 10.00012) WHEREAS, Max J. and LaVaughn M. Neppel are the owners and legal titleholders of approximately 1.85 acres of land located east at 4764 420th St SE, Iowa City, Iowa; and WHEREAS, Max J. and LaVaughn M. Neppel have requested annexa- tion and rezoning of the approxi- mate 1.85 acre tract into the City of Iowa City, Iowa; and WHEREAS, land annexed into Iowa City must have an appropriate City zoning designation according to the Iowa City Comprehensive Plan; and WHEREAS, the Comprehensive Plan indicates that the .property is appropriate for future industrial development once City services have been .extended to the area; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and deter- mined that it complies with the Comprehensive Pian. NOW, THEREFORE, BE IT ORDAINED 8Y THE CITY 000N- CIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning designation of County Heavy Industrial (MH) to General Industrial (I-1): Lot 2 of Nathaniels' Addition, a sub- division in Johnson County, Iowa, according to the plat thereof recorded in Book 19, Page 27, Plat records of Johnson County, 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 ordi- nance as approved by law. SECTION III. 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 publi- cation of this ordinance, as provided by law. SECTION IV REPEALER. All ordi- nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V 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 VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approv-al and publication, as provided by law. Passed and approved this 7th day of December, 2010. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk 83776 December 15, 2010 ~ r _,- = '~ ~_...®~ ::III !~~~ '` ww®~~Il -~a.as._ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 10-4419 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 7th day of December, 2010, all as the same appears of record in my office and published in the Iowa City Press-Citizen on December 15th, 2010. Dated at Iowa City, Iowa, this 3rd day of January, 2011. \\ J Ju ~ Voparil Deputy City Clerk Printer's Fee $ ~-l q• ~fN CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, R o~ S~,r~ KTz Hi'mia-Seei~i~a, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper ~ ,time(s), on the following date(s): Legal Clerk Subscribed and sworn to before me this / 5-`~ day of A.D. 20~_. y Public ~,~ LINDA KROTZ Commission Number 73261 ~ My Commission Expires 1 27, Qp~.a~il~l OFFICIAL PUBLICATION ORDINANCE NO. 4419 ORDINANCE AMENDING TITLE 16 OF THE .CITY CODE, ENTI- TLED "PUBLIC WORKS," CHAP- TER 3, ENTITLED, "CITY UTILI- TIES," ARTICLE G, ENTITLED "STORM WATER COLLECTION, DISCHARGE AND RUNOFF," AND TITLE 17, ENTITLED, "BUILDING AND HOUSING," CHAPTER 8, ENTITLED, "GRADING ORDI- NANCE," TO MAKE THE CIVIL PENALTY FOR VIOLATING ERO- SION CONTROL PROVISIONS AN ENHANCED CIVIL PENALTY AND TO AMEND THE DEFINITION OF POLLUTANT. WHEREAS, federal law and the City's national pollutant discharge elimination system (NPDES) gener- al permit require that the City adopt an illicit discharge ordinance, which the City did in Ordinance No. 05- 4154, to operate and maintain its storm water infrastructure and to otherwise protect the waters of the Iowa River and the six major creeks; WHEREAS, the current civil penal- ties for violating Ordinance No. 05- 4154, codified at City Code 14-3G- 11, is $100.00 for first violation, $250.00 for second violation, and $500.00 for third and subsequent violations; and WHEREAS, the current civil penal- ties for violating 17-8, the grading ordinance, is also $100.00 for first violation, $250.00 for second viola- tion, and $500.00 for third and sub- sequent violations; and WHEREAS, because Sections 14- 3G-11 and 17-8 govern pollution and storm water runoff, violations of each should be subject to the enhanced civil penalty provisions of $250.00 for first violation, $500.00 for second violation, and $750.00 for third and subsequent violations; and WHEREAS, the definition of pollu- tant does not specifically include "sediment" and it should because sediment is considered the most prevalent pollutant in storm water runoff; and WHEREAS, it is in the City's inter- eat to adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY 000N- CIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. i. Title i6, entitled "Public Works," Chapter 3, entitled "City Utilities," Article G, entitled "Storm Water Collection, Discharge and Runoff," Section 11, entitled "Illicit Discharge and Connection " Subsection B is amended by deleting the definition of "pollutant" and inserting the new definition in lieu thereof: Pollutant: Anything which causes or contributes to pollution. "Pollutants" may include, but are not limited to: sediment; paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes end yard wastes; refuse, rubbish, garbage, litter, or.' ( other discarded or abandoned ~ objects, ordnances, and accumula- . lions, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertiliz- ers; hazardous substances and wastes; sewage, fecal ooliform and pathogens; dissolved and particu- late metals; animal wastes; wastes and residues that resuk from con- structing abuilding or structure; and noxious or offensive matter of any kind. 2. Title 16, entitled "Public Works;' Chapter 3, entitled "City Utilities," Article G, entitled "Storm Water Collection, Discharge and Runoff;' Section 11, entitled "Illicit Discharge and Connection," Subsection O is amended by deleting it in its entire- ty and inserting the new Subsection in lieu thereof: Violations And Penalties: Violation of this section, "Illicit Discharge And Connection", shall be punishable as a municipal infraction or environ- mental infraction as provided for in subsection 1-4-2C of this code. A municipal infraction shall be punish- able by a penalty as provided for in 1-4-2D of this Code. 3. Title 17, entitled "Building and Housing," Chapter 8, entitled "Grading Ordinance," Section 15, entitled "Construction Sfte Erosion and Sediment Control," Subsection E2 is amended deleting it in its entirety and inserting the following new Subsection in lieu thereof: Violation of any provision of this section may also be enforced as a municipal infraction or environmen- tal infraction wfthin the meaning of section 364.22, pursuant to the city's municipal infraction ordi- nance. A municpal infraction shall be punishable by a penalty as pro- vided for in 1-4-2D of this Code. A municipal infraction shall be pun- ishable by a-penalty as provided for in section 1-42D of this Code. SECTION II. REPEALER. All ordi- nances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVEF~ABILITY. 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 7th day of December, 2010. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk 83777 December 15, 2010