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Home My WebLink AboutOrdinances 2003ROOF OF PUBLICATIONS ,_ 2003 iOrdi sauces —. i 1 C, i 1 ORDINANCE PROOFS FOR 2003 ORIS. #03-4056 through #03-4105 i i i { STATE OF IOWA )' ) SS`' JOHNSON COUNTY ) I, Julie K. Vo aril, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that r the Ordinance attached hereto is a true and correct copy of the Ordinance No. 03-4056 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 7th day of January, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on January 15, 2003. s Dated at Iowa City, Iowa, this 14th day of February, 2003. Jbi". Voparil Deputy City Clerk i f ' 410 EAST WASHINGTON STREET IOWA CITY. IOWA 52240-1826 (319).356.5000• FAX (319) 356.5009 C>3 —'4 o5 (0 WHEREAS, said property contains 337.07 steep and critical slopes, and Is subject THENCE S89°52'33"E, Printer's Fee $�Qo['(J? to the Sensitive Areas Ordinance; and ' FEET TO A POINT ON THE EAST .,� ' WHEREAS, the Sensitive Areas LINE OF THE SOUTHWEST QUARTER OF SECTION 16, CERTIFICATE OF PUBUCATION Ordinance requires a Sensitive Areas Overlay zone and Sensitive Areas TOWNSHIP 79 NORTH. RANGE 6 WEST OF THE FIFTH PRINCIPAL STATE OF IOWA, Development Plan be approved prior to development activity occurring on prop- MERIDIAN, JOHNSON COUNTY, IOWA; THENCE S00°30'48"W, JOHNSON COUNTY, SS: erttes with critical slopes; and is 167.02FEETTOAPOINTONTHE - WHEREAS, the said property to a conditional zoning agree- NORTHERLY RIGHT-OF-WAY LINE OF IOWA HIGHWAY NO. 1; THIS IOWA CITE PRESS-CITIZENsubject ment that requires 75% of the parking be THENCE S82°54'22"W, ALONG FED. IO #42-0330670 located below the buildings, limits the SAID NORTHERLY RIGHT -OF - vehicular access to the site, requires the private drive to be constructed to collet- WAY LINE, 333.25 FEET TO A POINT WHICH IS 150.00 FEET for street standards, trail,easements and RADIALLY DISTANT NORTH - I, pedestrian connections, which constrain the WESTERLY OF CENTERLINE Orlene Maher, being duly sworn, say the development activity on property; and STATION 152+75; THENCE S71°35'52"W, ALONG SAID NORTHERLY RIGHT-OF-WAY that I am the legal clerk of the IOWA WHEREAS, given the constraints imposed by the Conditional Zoning LINE, 704.00 FEET TO A POINT WHICH IS 190.00 FEET RADIAL - CITY PRESS -CITIZEN, a newspaper Agreement, the proposed development of a 198 -unit multifamily building with LY DISTANT NORTHWESTERLY CENTERLINE STATION published in said County, and that a underground parking and clubhouse has been designed to minimize disturbance OF 146+10; THENCE S57°5: 37"W, notice, a printed Copy Of which is to the steep and critical slopes as Is required under the Sensitive Areas ALONG SAID NORTHERLY LIN00°06'07 E369.8S RIGHT-OF-WAYLINE, hereto attached, was published in Ordinance; and ' WHEREAS, the Sensitive Areas FEET, 4100*1 FEET; THENCE FEET TO said paper _�_ time(s), on the Development Plan includes a variation from the 35 -foot maximum building N003'05"E, 161.77 SAID CONTAINWINGING OF BEGINNING, POINT AND 1TO following date(s): height standard to allow for a budding EASEMENTS IS UBJRESTRICTIONS height of to 58.5 feet; and AND OF �1 i 1 C5 U y WHEREAS, the waiver of the 35- foot maximum building height standard to RECORD. _ ' allow for a building height of 58.5 feel { encourages more compact development and allows the transfer of dwelling unit SECTION II VARIATIONS. Section 14.6K -1 -N•3 -g of the City Code - I density from environmentally sensitive provides that maximum building height a n- areas of the property to he property telly sensitive areas of the property and may be waived to encourage more com- pact development and allow the transfer results in sufficient light and air circula- of dwelling unit density from environrnen• tion; and tally sensitive areas of the property to Legal Clerk g WHEREAS, the Sensitive Areas if the d sensitive areas of the property if the development results in the property Subscribed and sworn to before me Development Plan is in technical compli- - ancewith the Sensitive Areas Ordinance; sufficient light and air circulation for the buildings. The 35 -foot maximum building da and height standard Is waived to allow for a this 15- y Of WHEREAS, the Conditional Zoning building height of 58.5 feet. A.D. 20 03 Agreement requires submittal of an SECTION III ZONING MAP The Overlay Planned Development Housing for said property; and building official Is herebyauthorized and the (OPDH) plan WHEREAS, the OPDH plan is In directed to change the zoning map of City of Iowa City, Iowa to conform to this compliance with the Iowaowa City Zoning amendment upon the final passage. Ordinance; and approval and publication of this ordi- Notary Public WHEREAS, the proposed develop- Hance as provided by law. men[ is in compliance with the Southwest SECTION IV CERTIFICATION District Plan. AND RECORDING. The City Clerk is l NOW, THEREFORE, BE IT hereby authorized and directed to certify a copy of this ordinance and the ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Sensitive Areas Development Plan and OPDH plan for this property, and record _ MARGARET RIO& 1 130158 SECTION I APPROVAL. The property described below is hereby the same in the Office of the County Recorder, Johnson County, Iowa, at the Cominisslon Number a Idy Ccmmissien Expires M reclassified from its current designation of Medium Densit Multifamil Y y Owner's expense, upon the final pas- approval and publication of this 1_ October 26. 2004 '1 Residential, RM•20, to Sensitive Areas saga, ordinance, as provided by law. 'I Overlay and Planned Development SECTION V REPEALER. Aff ordi- `. i j Housing Overlay, RM-20/OSA/OPDH, and the associated Sensitive Areas nances and parts of ordinances in con- Development Plan and OPDH plan is flict with the provisions of this Ordinance are hereby repealed. OFFICIAL PUBLICATIONhereby approved: ORDINANCE NO. 03-4056 t PROPOSED LOT. 1 OF RUPPERT HILLS, MORE PARTICULARLY SECTION VI SEVERAB�. If any section, provision or part of the ' I N ORDINANCE CHANG- i ING THE ZONING DESIG- f DESCRIBED FOLLOWS: Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication ti.. NATION FROM MEDIUM BEGINNING AT THE SOUTH- I WEST CORNER OF LOT 240E shall not affect the validity the ;w DENSITY MULTIFAMILY RM -20 TO SENSITIVE ) WEEBER'S THIRD ADDITION TO a Ordinance r a whole or any section, provision or part thereof not adjudged �( AREAS OVERLAY AND IOWA CITY, IOWA, AS RECORD- invalid or unconstitutional. _ " 1PLANNED HOUSING ED IN PLAT BOOK 9, PAGE 14, SECTION VI EFFECTIVE DATE. DEVELOPMENT OVERLAY FOR A I PLAT RECORDS OF JOHNSON COUNTY, IOWA; THENCE This Ordinance shall be in effect after its I(RM-20/OSA/OPDH) 10.15 -ACRE PROPERTY S89°44'56"E, ALONG THE final passage, approval and publication, as provided by law. LOCATED NORTHWESTSOUTHERLY OF HIGHWAY 1 AND LINE OF SAID ADDITION, 553.65 FEET TO THE Passed and approved this 7th day of RUPPERT ROAD. � SOUTHEAST CORNER OF SAID January, 2003. WHEREAS, the owners of the ADDITION; THENCE S89159'59"E, s/Ernest W. Lehman, Mayor above referenced property, Charles W. ALONG THE SOUTHERLY LINE Attest: s/Marian K. Karr, City Clerk Ruppert etal., have requested that the OF BENTON MANOR, 421.42 property be rezoned from Medium FEET TOTHE SOUTHEAST COR- 51860 January 15, 2003 Density Multifamily Residential, RM -20, NER OF SAID BENTON MANOR; to Sensitive Areas Overlay and Planned Development Housing Overlay, RM- 20/OSA/OPDH: and City or A e 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. 03-4057 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 21St day of January, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on January 29, 2003. +� Dated at Iowa City, Iowa, this 14th day of February, 2003. Juife- . Voparil Deputy City Clerk 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 i _ 5\1. � \ 4 oS_? Printer's Fee $_L!�(= CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED. I® #42-0330670 I, Orlene Maher, 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 I time(s), on the following date(s): (^ C) Legal Clerk Subscribed and sworn to before me this day of A.D. 20 03 - Notary Public WFARGARF-1 r _ -- . r�':SITLE WHEREAS the`�Sensltive Areas <' Ordinance'. provides' for the regulation "oi',.; wetiands�'.'. critical,:alopes :protected , 6lopes,�and woodlands (when a`orooertv NOW., ?,THEREFORE, BE ":IT.''i ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY IOWA[ SECTION I AMEN iQ hT 14 6K-1 `Sensltive Areas Ordinance Is hereby amended es follows Repeal Section 14- 6K-1 C, and replace with the following 1.'Sensi(ive Fesiures a. Sensitive features governed by';;1 the Sensitive Areas' Ordinance f Include 1) Jurisdictional . wetlands " as. "regulated by the. U.S. Army, ,Corps of,.' Engi• ,. neers. 2) Floodways designated on either the current Federal Emergency Man A agement` Agency.flood boundary. and floodway, maps for' Iowa City and - I Johnson County ov the Iowa City (Y; inch`= Ido foof.scale) flood bound- ary and floodway maps. 3) Dralnageways shown Ir ::I blue "onthe, current U.S..r.' Geological Survey."Quad rangle Maps Siopes)::13 . percent , or = greater.: 5) Woodland areas two acres in size or greater. 6) Fully hydric soils as des- ^ ignated In the.USDA Sall Conservation:, "Service ,i Boll Survey 2_4Qbnson County: Iowa 7) Prairie ;,. remnantsb as shown on the Iowa .City' Sensitive`' Areas ; Inventory Map-, Phase I, ._ as amended " 6)Archaeological sites as,,;' determined by,the:State.' j Historic ::-Preservation Officer 'or. the,; State . 'Archeologist . tained on a property, or 4) Disturbance of a protect- ed slope. (40%+) buffer as defined in the Definitions Section here- in and as delineated on the maps referenced in subsection 14 -6K -C3 of this ordinance and/or verified as existing on the site. b. A Sensitive Areas Overlay rezon- ing requires a Sensitive Areas` Development Pian that delineates protected sensitive areas and associated buffers in the manner of a planned development, which Pian shall be submitted and approved as part of the rezoning. c. Review and approval of a Sensitive Areas Planned Develop- ment shall be by ordinance in accordance with the Planned Development Housing Overlay Zone (OPDH) procedures, as specified in subsection 14 -6J -2D of this Chapter. Repeal 14 -6K -1E, Subsection 3 and replace with the following: 3. Essential public utilities such as storm and sanitary sewers, water mains, gas, telephone and power lines, and storm water detention facilities are permitted If they are designed and constructed to min- imize their impact upon the pro- tected sensitive areas and asso- ciated buffers. A maximum of 10% of a wetland or a protected slope and associated buffers may be disturbed to allow the installa- tion of essential utilities if approved as part of a Sensitive Areas Site Plan. The disturbance i of more than 10% of a v jtland or a protected slope and associated buffers shall require the approval of a Sensitive Areas Overlay Rezoning by the City Council. The design and construction of utilities should also Include mea- sures to protect against erosion, pollution and habitat disturbance, and result in minimal amounts of excavation and filling. Upon completion of the installation of the public facility or line, the sensitive protected areas and associated buffers shall be restored by those persons responsible for the disturbance. e. Other data and information as �� _f Os-�{— may reasonably be required by a the City, Includingrequiring the ; delineation of a construction area i on the plan as well as the location / of fencing to protect, sensitive features during construction. Repeal .14 -6K -G. Subsection 3, Subsection a. and b., and replace with the following: 3. Wetland Regulations: a. Wetland Delineation: 1) Prior to any development activity occurring on a site containing a potential wetland as defined above or as shown on the Sensitive Areas Inventory Map - Phase 1, the property owner shall provide a delineation of the wetland area(s) accepted by the U.S. Army Corps of Engineers prior to the submittal to the City of a Sensitive Areas Overlay rezon- Ing application and a Sensitive Areas Development Plan, or a Sensitive Areas Site Plan, for City review. 2) If the property owner certifies that no development activity will occur within one hundred fifty feet (150') of the apparent edge of a suspected or poten- tial wetland area(s) on the site, the requirement for delineation by a wetland specialist or the Corps may be waived by the City. In the case of a waiver, the property owner shall grant an easement running in favor` of the City, an approved conservation. group or other organization for the purpose of - - retainingthe wetland and the. surrounding one hundred fifty foot ('150') protection area as undeveloped natural open space. b. Wetland Buffer Requirements: A one hundred foot (100'), undis- turbed, natural buffer shall be maintained between any develop- ment activity and a "wetland(s)" as defined in the Sensitive Areas Ordinance, unless said develop- ment activity is exempted under subsection 14 -6K -1D, entitled "Exemptions." The required; yards established for the base' zoning district shall be measured from the buffer edge, and shall be in addition to the required yard/setback and shall apply to parking lots as well. (For exam- ple, the RS -5 zonerequires a 20 - foot rear yard setback, which would be measured from the out- side edge of the required 100 foot buffer. As a result, no building or parking lot could be located with- in 120 feet of the wetland.) The City may reduce the required nat- ural buffer based on the following criteria provided that a Sensitive Areas Overlay Rezoning - is approved by the City Council: Repeal 14-6K-11, Subsections 2 and 3, and replace with the following: 2. Regulations: a. Steep Slopes - Any property containing steep Mopes (16- 24%) shall be required to sub- mit a Sensitive Areas.Site Plan, unless said property qualifies for an exemption under sub- section 14 -6K -1D, entitled "Exemptions." The Sensitive. Areas Site Plan must conform with the design standards for regulated slopes specified in subsection 14-6K-114. b. Critical Slopes- Any property containing critical slopes (25- 399/6) shall be required to sub- mit a Sensitive Areas Site Plan and a Grading Pian, unless said property qualifies for an exemption under subsection .�9 e Repeal 14.6K -1F, Subsection 1 and replace with the following: 1. Sensitive Areas Site Plan: Submittal information for a Sensitive Areas Site Plan shall 'S Include: a. Submittal information required for a site plan review as speci- fied in subsections 14-5HAA - and 14 -SH -4B, the submittal �r requirements listed for Article 14 -SH, entitled "Site Plan Review." b. Delineation of sensitive areas located on the property, including: 1) Wetlands 2) Fully hydric soils -"i-� 3)Prairie remnants- one acre in area or larger 4) Stream corridors 5) Archaeological sites - 9) Steep slopes (16-240%) 10) Critical Slopes (25-39%) " 11) Protected Slopes (401,6+) 12) Woodlands " c. Delineation of buffer areas and/or sensitive area conservation ease- ments. d. Note in an accompanying letter whether archaeological site(s) exist on the property, but do not designate the exact location on the plan. e. Other data and information as �� _f Os-�{— may reasonably be required by a the City, Includingrequiring the ; delineation of a construction area i on the plan as well as the location / of fencing to protect, sensitive features during construction. Repeal .14 -6K -G. Subsection 3, Subsection a. and b., and replace with the following: 3. Wetland Regulations: a. Wetland Delineation: 1) Prior to any development activity occurring on a site containing a potential wetland as defined above or as shown on the Sensitive Areas Inventory Map - Phase 1, the property owner shall provide a delineation of the wetland area(s) accepted by the U.S. Army Corps of Engineers prior to the submittal to the City of a Sensitive Areas Overlay rezon- Ing application and a Sensitive Areas Development Plan, or a Sensitive Areas Site Plan, for City review. 2) If the property owner certifies that no development activity will occur within one hundred fifty feet (150') of the apparent edge of a suspected or poten- tial wetland area(s) on the site, the requirement for delineation by a wetland specialist or the Corps may be waived by the City. In the case of a waiver, the property owner shall grant an easement running in favor` of the City, an approved conservation. group or other organization for the purpose of - - retainingthe wetland and the. surrounding one hundred fifty foot ('150') protection area as undeveloped natural open space. b. Wetland Buffer Requirements: A one hundred foot (100'), undis- turbed, natural buffer shall be maintained between any develop- ment activity and a "wetland(s)" as defined in the Sensitive Areas Ordinance, unless said develop- ment activity is exempted under subsection 14 -6K -1D, entitled "Exemptions." The required; yards established for the base' zoning district shall be measured from the buffer edge, and shall be in addition to the required yard/setback and shall apply to parking lots as well. (For exam- ple, the RS -5 zonerequires a 20 - foot rear yard setback, which would be measured from the out- side edge of the required 100 foot buffer. As a result, no building or parking lot could be located with- in 120 feet of the wetland.) The City may reduce the required nat- ural buffer based on the following criteria provided that a Sensitive Areas Overlay Rezoning - is approved by the City Council: Repeal 14-6K-11, Subsections 2 and 3, and replace with the following: 2. Regulations: a. Steep Slopes - Any property containing steep Mopes (16- 24%) shall be required to sub- mit a Sensitive Areas.Site Plan, unless said property qualifies for an exemption under sub- section 14 -6K -1D, entitled "Exemptions." The Sensitive. Areas Site Plan must conform with the design standards for regulated slopes specified in subsection 14-6K-114. b. Critical Slopes- Any property containing critical slopes (25- 399/6) shall be required to sub- mit a Sensitive Areas Site Plan and a Grading Pian, unless said property qualifies for an exemption under subsection .�9 e A. 03-- U,(Dsr-t 14-6K-1 D, entitled I c. if due to site constraints or infrastructure requirements Exemptions." The Sensitive 1 Areas Site Plan must conform a Sensitive Areas Site Plan for a with the design standards for - property cannot adhere to the minimum woodland retention regulated slopes specified in subsection 14-6K-114, and the 1 - ' requirements contained in sec. tion 14.6K -1-J-3. The City may Grading Plan must conform ! _ with the requirements of the . i i� approve the planting of replacement trees subject to Grading Ordinance. If the Sensitive Areas Site Plan (ndi- a the requirements of section 74 - cates that more. than 35% of - 6K -1-J-3 provided that a 'Sensitive Areas Overlay the critical slopes on a proper- Rezoning is approved by the ty are to be disturbed a Sensitive Areas Overlay City Council 3. Woodland Retention Rezoning application will be and Replacement Requirements required. c. Protected Slopes • Any area a. Sensitive Areas Development Plans and Sensitive Areas Site designated as a natural pro. Plans required to be submitted I tected slope (40%+) shall not be graded and must remain In under this Section shall delin- its existing state, except that eate all existing woodlands i and shell designate all wood- i natural vegetation may be sup- lands that are to be protected. plemented by other plant mate. The plans shall substantiate vial. Any such property shall be required to submit a that woodlands are being j Sensitive Areas Site Plan and a retained as follows unless a Sensitive Areas Overlay Grading Plan, unless said Rezoning allowing planting of property qualifies for an exemption under subsection replacement trees Is approved by the City Council: 14.6K-11), entitled "Ex-emp- Zone Retention Requ(reme t tions." Develop-ment activi- ID, RR -1 70,;, ties may be allowed within t+ RS -5, RS -8, RS -12, 504.0 areas containing altered pro- RM•12, RM -20, Rh7.44, tected slopes provided that a RNC -12, RNC -20 20% Sensitive Areas Overlay RDP, ORP 20% Rezoning is approved by the C and 1 10% City Council and if a geologist or professional engineer can b. The required woodland area to be demonstrate to the satisfaction retained shall be delineated to ! of the City that a development I include a buffer area by measur- i activity will not undermine the ing fifty (50) feet outward from stability of the slope and the the trunks of trees intended to be City determines that the devel- ! - preserved. opment activities are consis- C. If the City determines that the tent with the Intent of the required woodland area cannot Sensitive Areas Ordinance. be retained due to site con - 3. Buffer requirements: A buffer will straints or infrastructure require - be required around all protected ments, replacement trees will be slopes. Two feet of buffer will be planted. One tree shall be plant - provided for each foot of vertical ed for every 200 square feet of rise of the protected slope, up to woodland removed from the oth- a maximum buffer of 50 feet. The buffer area is to be measured erwise required retention area. d. Where it is not feasible to replace from the top, toe and sides of the trees on-site, replacement trees protected slope. No development may be planted to supplement activity, including removal of reforestation of an off-site wood - trees and other vegetation, shall I be allowed within the buffer. If land approved by the City. An off - a geologist or professional engi. I site woodland shall be either publicly owned property or prop- neer can demonstrate to the erty subject to a conservation satisfaction of the City that a i easement. development activity can be de- signed to eliminate hazards, the e. Replacement trees must be - buffer requirements may be approved by the City, and to the extent possible, should be of the reduced provided that a Sensitive Areas Overlay Rezoning is same or equivalent species as the trees being removed. approved by the City Council. i f. Replacement trees shall meet the Repeal 14 -6K -1J, Subsections 2 and 3 specifications set forth In Section 14-6R-5, entitled "General Tree. and replace with the following: Planting Requirements," and shall 2. Woodland/Grove Regulations: be secured by a performance a. Any property containing a woodland, but not otherwise guarantee for a period of 12 months. \>% required to have a Sensitive g. Woodland and tree. protection Areas Overlay rezoning/Sensi- methods for proposed develop- tive Areas Development Pian, Ment activity shall be shown on j will be required to submit a any plan or plat required to be Sensitive Areas Site Plan prior submitted prior to commence - to woodland clearing or com- ment of development activity. mencing any development Protection methods should com- �'�'. activity, unless said property ply with generally accepted tree ' . t qualities for an exemption I under subsection 14-6K•1D, "Exemptions." protection guidelines and heap- proved by the City. - entitled i h. When other environmentally sen- b. Site plans, grading plans and s(tive features regulated by the subdivision plats for any prop- Sensitive Areas Ordinance are present - arty containing a grove of in combination with a woodland, the trees shall illustrate the grove regulations related to all the sensitive on the plan or plat prior to areas contained on the property will be commencement of any devel- considered, with the most stringent opment activity, and will take regulations applying. measures to protect and retain as much of the grove as practi- SECTION 11 R -PFAi Fn. All ordi- nances and parts of ordinances in conflict cable, unless said property with the provisions of this Ordinance qualifies for an exemption are hereby repealed. under subsection 14.6K -1D, entitled "Exemptions." SECT[ Lt'111 ,^ZVER__ qg If any section, pro vision or part of the Ordinance shall be adjudged to be invalid or uncon- stitutional, such adjudication shall not ki 3 h7i+s . whole t or :any sectim, provision or part thereof riot adjudged invalid or.unc6nsti- This,Otdinance shall be lif effect after its as provided by law. Passed dna approved this 21 st day of IJ ayor January 29,20 03 = t r 4, WOW J city or STATE OF IOWA ) ) SS 7 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. 03-4058 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4th day of February, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on February 12, 2003. Dated at Iowa City, Iowa, this 17th day of March, 2003. Julie .R it . Deputy City Clerk A a 410 EAST WASHINGTON STREET IOWA CITY. IOWA 52240-1326 (319) 356-5000 FAX (3 19) 356-5009` waw � sit OFFICIAL PUBLICATION ORDINANCE NO. 03-4058 AN ORDINANCE VACATING LAFAYETTE STREET LOCATED WEST OF CAPITOL STREET WHEREAS, Eagle View Properties has applied for the vacation of approxi- mately 5,900 square feet of Lafayette Street right-of-way, located west of Capitol Street; and WHEREAS, Lafayette Street right-of- way west of Capitol Street is unimproved, and is not used for vehicular or pedestri- an circulation is it used for emer- gency vehicle or utility vehicle access; and WHEREAS, the City of Iowa City has no plans to improve the Lafayette Street right-of-way for vehicular or pedestrian access or circulation; and WHEREAS, as a condition of the con- veyance of the Lafayette Street right-of- way west of Capitol Street, Eagle View Properties has agreed to incorporate their properties to the north and to the west of Lafayette Street right-of-way into one lot, to avoid the creation of a land -locked par- cel as a consequence of this vacation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. VACATION. The City of Iowa City hereby vacates the right-of-way legally described as follows: Commencing at the Southeast Corner of Lot 5, Block 15, County Seat Addition to Johnson County, Iowa; thence SO°16'20"West 34.68 feet to the northerly right-of-way line of the Cedar Rapids and Iowa City Railway; thence southeasterly along said right-of-way line to a point of intersection with the wester- ly right of -way line of Capitol Street; thence northerly along the westerly right of -way line of Capitol Street to the Southeast Corner of Lot 4, Block 15, County Seat Addition to Johnson County, Iowa; thence westerly along the southerly line of said Lot 4 to the Southwest Corner of said Lot 4; thence continuing westerly 20.00 feet more or less to the point of beginning. SECTION II, REPEALER. All ordi- nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION Ill, SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or uncon- stitutional, 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. EFF QIIVF_ DATE This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 4th day of February, 2003. /s/Emest W. Lehman, Mayor . Attest: /s/Marian K. Karr, City Clerk Tt751902 February 1203 ,20 Printer's Fee $ M? -3 ?(, CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED. ID #42-0330670 I, Orlene Maher, 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 --- I time(s), on the following date(s): LL�-� n1 ", Legal Clerk Subscribed and sw m to before me this (a day o A.D. 20.63_. Notary Public �. 1:: RG,` E77P g Com E i sio i hl� is r 1,,015D j' ur rl r �Y[:Ir�s 14, IN 0. 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. 03-4059 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4th day of February, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on February 12, 2003. Dated at Iowa City, Iowa, this 17th day of March, 2003. <<u e K. oparil Deputy ity Clerk 410 EAST WASHINGTON STREET IOWA CITY, IOWA 52240-1826 (319) 356-5000 FAX (319) 356-5009 Printer's Fee $ "-/ `i- �? CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FE®. ID #42-0330670 I, Orlene Maher, 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 t a day of n %1e A.D. 20 03 Notary Public MARC/ l lYl� O.T.1't t 1r :111, - . F'r, Cr OFFIC16 Pi 1� BUCATION-' ORDINANCE NO: 03-4059 AN ORDINANCE CHANGING THE -ZONING. DESIGNATION -FROM, ` >.'-LOW DENSITY SINGLE FAMILY RESIDENTIAL;:RS-S To,SENSITVE''' AREAS OVERLAY, RS-51OSA FOR '• HEARTHSIDE REFUGE; A.4 -LOT, 5:6 -ACRE. SUBDIVISION LOCATED AT 1520 N DUBUQUE ROAD -':i, WHEREAS the owner of said proper- ty` has requested that the propertybe rezoned from Low Density Single Family : WHEREA5, said property;, contains _ steep, critical, and. protected slopes, and woodlands, and is subject to the Sensitive Areas Ordinance; and WHEREAS,' the Sensitive: Areas Ordinan6,a requires -a Sensitive; Areas Overlay, zone • and 'Sensitive -:Areas. Development,Plan to be approved prior to development activity occurring on proper - `lies with critical, and protected slopes; and woodlands; and ' WHEREAS, development activity will not occurrwithin the:critical and protected slopes, and woodlands; or Within:50deet otthe, critical and protected slopes,'and Woodlands; and = ' WHEREAS, the Sensitive; Areas',' Development P166 Is in technical compii- ance with the. Sensitive Areas Ordinance; NOW, ; :THEREFORE, ; .BE :: IT, O MA PIr The 1 by,authorized.i r zoning map of to;conform to finaLpassage,;, this ordinance KATION AND �' assaga .and the City Clerk retied to cert)- . mce and the intplan for this samo at.the ter of Johnson ad.by law. LES All ordi-,', nces in conflict Ordinance are BICITY. If pny'-;. the Ordinance,' ORDAINED BY THE CITY: COUNCIL OF THE CITY OF IOWA CITY IOWA: write or any 5ecoon, pruwsion u1, 11p11., thereof not adjudged Invalid orunconsti- $)LOTION I. APPROVAL The proper- tutional $ECTION VI EFFECTIVE D6TTE., ty,described below is hereby reclassified from Low. -Density', Single., Family, This. Ordinance shall be in effect after. its . Residential, RS -5 to. Sensitive Areas final 'passage,rapproval and;publicattorf, .; Overlay, RS-5/OSA and :the,associated ` Sensitive Areas Development plan is as provided bylaw - Peased,and',approved this 4th dey hereby approved. of February, 2003:` Commencing at, tha southeast car- " Emest W: Lehman nor of Lot 11, Surrey Hills Addition, Mayor; to Iowa City, Iowa In accordance Attest:" with the plat recorded in Book.7, /sMlarisn K Karr;: Page:67'.of the'.records of the CltyClerk Johnson County Recorder's Office; Thence Not 2200"W; along west , '_ 51905: February 12, 2003 line of said: Lot 11; a distance of .. 39.31. feet thence S89 5500"W 990.49 feet thence N09 0000'W 101.96 feet thence84'58'00"W, 212.61 feet to a point on the east ^ . erly right-of-way line foe Dubuque . Road;. thence N16°44'00"E, along said easterly right-of-way , line, - 506.80 -feet; thence`1S73-16'60"E, 130.00:feet thence. N16 44;00"E, : 141.00. feet; thence'S73'16'00"E, .49.60 feet; then6e°N89'29'00"E, 111-40 feet, to a point on the west, line of'said' Surrey'HIIIs Addition; thence S01*22'00"E; along said ; west line 688.80 feet, to the 'point of beginning: Said tract ofland con-,,' tains 5.60 aeras, and is, subject to easements and resirictlons_`of record. 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. 03-4060 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4th day of February, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on February 12, 2003. Dated at Iowa City, Iowa, this 17th day of March, 2003. Julie . oparil Deputy City Clerk 410 EAST WASHINGTON STREET IOWA CITY, IOWA 52240-1826 (319) 356-5000 FAX (319) 356-5009 I i3 7h > f'h�S 410 EAST WASHINGTON STREET IOWA CITY, IOWA 52240-1826 (319) 356-5000 FAX (319) 356-5009 i Y . OFFICIAL PUBLICATION ORDINANCE NO. 03-4060 AN ORDINANCE TO VACATE THE EAST TO WEST ALLEY IN BLOCK 27 OF THE ORIGINAL TOWN PLAT, LOCATED BETWEEN MARKET AND BLOOMINGTON STREET WEST OF DODGE STREET. WHEREAS, the applicant, Mercy Hospital, has requested the vacation of the alley on Block 27 of the Original Town; and WHEREAS, this alley is not needed for public purposes; and WHEREAS, the Planning and Zoning Commission has reviewed and recommended approval of this requested right-of-way vacation, subject to 1) no direct vehicular access to Market Street, 2) the current alley Intersection with Dodge Street will be closed and there will be no additional direct vehicular access from Block 27 onto Dodge Street; the exit - only from the existing parking facility onto Dodge Street will be allowed to remain, 3) any overhead utilities relocated from the alley will be located at least 100 feet from - Bloomington and Market Streets or placed underground. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: ,S)iCTION I VACATION. The City of Iowa City hereby vacates the right-of- way legally described as follows: Beginning at the SE corner of Lot 1 of said Block 27; thence S00°03'12"E, 20.00 feet to the NE gmer of Lot 8, said Block 27; ence N89°5T18"W, 319.82 feetcorded 320 feet) to the NW cor. r of Lot 5, said Block 27; thence 00°06'52"W, 20.00 feet to the SW corner of Lot 4, said Block 27; thence S89157'18"E, 319.84 feet (recorded 320 feet) to the Point of Beginning. Said alley vacation con. tains 6,397 sq. ft. or 0.15 acres. SECTION II REPEALER. All ordi- nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. I SECTIgN IIII S \/ RABI ITY. 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, pro- vision or part thereof not adjudged invalid or unconstitutional. S TION IV EFFECT'VE DATE This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 4th day of February, 2003. /s/Ernest W. Lehman, Attest: Mayor /s/Marian K. Karr, City Clerk 51904 February 12, 2003 r� A, cry L Printer's Fee $ a?/(�d CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED. ID #42-03306170 I, Orlene Maher, 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 I time(s), on the following date(s): Legal Clerk Subscribed and sworn to before me this ___LQ day of A.D. 20 63 Notary Public 2_'•�a•F Co:r.: ,�=,iu:r Flwncer 130SS8 pFp �+�4, � IlyComrr:i ;;;ion tzpires 1 O 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. 03-4061 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4th day of February, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on February 12, 2003. a Dated at Iowa City, Iowa, this 17th day of March, 2003. Julie paril Deputy Ci Clerk 410 EAST WASHINGTON STREET IOWA CITY, IOWA 52240-1826 (319) 356.5000 FAX (319) 356-5009 F t.s 1 \ .;-� .rlrw l4vx .b �♦+a 7.teR �:�^yy1 ��x at .w Printer's Fee $ CEIRTIIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED. ID #42-0330670 I, Orlene Maher, being duly suborn, 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 1 said paper 1 _ time(s), on the following date(s): Legal Clerk Subscribed and sworn to before me this 10 day of A.D. 20 0-3 - U Notary Public ei 4^:.RG!,RET RIOS ;.r nF3 Corr.rr,i:asm�t rL:m:+cr 130158 hS'+Coc:r•isr!un Ezni..;s OFFICIAL T14. ORDINANCE NO -03-4061 ORDINANCE'AMENDING.TITLE 4;.:' <'+ENTITLED. "ALCOHOLIC BEVERAGES," CHAPTER 5, "PROHIBITIONS AND RESTRICTIONS;'. TO AMEND THE PROHIBITION ON SERVING TWO (2) SERVINGS OF ANY ALCOHOLIC. LIQUOR; WINE; OR BEER AT ANY, ONE TIME TO ANY ONE PERSON TO SERVING TWO (2);"CONTAINERS".OF: ANY ALCOHOLIC LIQUOR, WINE, '.OR" ;. BEER AT ANYONE TIMETO.ANY.ONE "PERSON AND TO DELETETHE EXCEPTION FOR "PRIVATE EVENTS" WHEREAS, Section 4-5-7(A)(4)pf '! the'. City Code contains• a prohibition on dispensing 'or, serving 'for on -prem consumption, .more than two (2) servings of any:alcoholicAiquor,'wine, or beer at' any ono time to any one person• and , C WHEREAS, the` purpose of such provision Is to help reduce the;incidence°i of underage consumption of alcohol; and WHEREAS, prosecutions pursuant; - to said provisions have revealed an ambi-: guity in the term servings";:and . WHEREAS, It Is 'appropriate' to. amend said provision to replace the term "servings": with the term "containers'; and WHEREAS, said amendment Is consistent with, the purpose. of said ordi- nance. NOW, THEREFORE, BE' IT ORDAINED BY :THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: :SECTION 1. AMENDMENT. Section . 4-5-7 of the City Code is repeated and the following is substituted in lieu thereof: A. Unlawful: It shall be unlawful for a holder of a liquorcontrol license,,or wine permit or beer permit, or its employ- ees or agents;:to do any of the following: 7. Sell, offer to sell, dispense or' serve for on -premises consumption, ;two (2), or more servings of any alcoholic liquor, wine, or beer to any one person,for the price of one such drink. 2. Sell, offer: to sell, dispense'or serve for on -premises consumption an unlimited number of servings of alcoholic liquor, wine, or beer fora fixed price or an unlimited number of servings for free 3. Increase the volume of alcoholic liquor contained in a drink, for on-premis- as:consumption, without proportionally.: increasing the price char ed for such drink. ! 4; Dispense, or serve for on-premis- es'ccnsumpticn. more than two (2) con-rl tainers of any ,alcoholic liquor,. wine, or beer at any one time. to any one person. " Forpurposes; of this subsection a "con- tainer' is a receptacle, such as a glass br a. cup;., that holds 7a substance or sub-. stances:. Encourage, or permit any game or: contesY:0 tournament of any kind which involves'.drinking::any alcoholic- liquor, wine, orbser or the. awarding of alcoholic r,,. Ilg60ine, or beer asa, prize:' •. 6." Dispense;': pour or;' otherwise.: serve any alcoholic.liquor, wine; or beer. directly, into a person's mouth. B. Exceptionsr, No. thingIn subsec co tion,A'`shall be.'nsbued torohI Its holder of a liquor control license or ]no, or beer' permit, • cr Its amployees ;or, agents; from. 1.;:Including servings_or., ri of alcoholic liquor; wine, or beerespart of a; hotel: or molal package which tndutlas' overnight accommodation. " :$ECTI_Q I F�jREPEALER. Ali ordl nances and parts of. ordinances in conflict with the provisions of this Ordinance are hereby repealed.. :SECTION Ill<'SEVERABILITY. If any section,; provision.or part of the Ordinance shall be adjudged to be invalid '! or, unconstitutional, such adjudication . shall not affect she .validityof 'the Ordinance as a whole or any section, pro. vision or, part thereof not adjudged Invalid or unconstitutional. `SECTION IV" FF T,VF: DAA. This Ordinance'shall be In effect after Its final passage, approval'and publication,:, asp rovided by law. ; ; • - j Passed. and approved this:4th day - of February, 2003. Is/Ernest W. Lehman, Mayor Attest /s/Manan K Karr, City Clerk {It .57903 .: February1? 2003 L3 J � r s i a•ry 5 T �® City 0 WA CN i. 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. 03-4062 4 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of February, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on February 26, 2003. _ R Dated at Iowa City, Iowa, this 17th day of March, 2003. Ju it . Voparil Deputy City Clerk JY � J [ G 7 f "4 - r z_ 3. h?ry ,j. 410 EAST WASHINGTON STREET IOWA CITY. IOWA 52240-1826 (319) 356-5000 FAX (319) 356-5009 tj I Printer's Fee $—.S - 0.6 CERTIIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PIIESS-CITIZEN FED. ID #42-0330670 I Orlene Maher, 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 I— time(s), on the following date(s): Legal Clerk Subscribed and sworn to before me this _a6 day of A.D. 20 o3 _ 2_1122� 0'e --f— ��t✓J Notary Public OFFICIAL PUBLIC ORDINANCE NO.03-4062 I AN ORDINANCE VACATING PORTIONS OF MADISON;STREET, DAVENPORT i STREET, AND BLOOMINGTON STREET RIGHTS-OF-fty. WHEREAS, the City of Iowa City has: ,s reached an agreement with the University of Iowa to convey the old Iowa City Water Plant to the University. of Iowa Including adjacent rights-of-way; and : WHEREAS; portions of Madison. Street,: Davenport. Street; and.<Bloomington;.: Sheet, rights-of-way, ;;encompassing'.;; approximately 3.62 acres, "will no longer. be required for City access once the.old WHEREAS, all other property abutting; these rights-of-way Is University of. Iowa property, and'the;rights-of-way do:not provide access to any private property;:`; and WHEREAS, necessaryutlldy aria -:I ments, ;well sftes;'a water storage facility and easements' for emergency vehicle, access will be created; and WHEREAS, there Is no City. Interest ins continuing to, Incur'maintenance`costs.: and llabilityfor these rights-of-way with a. closure of the old Iowa City Water Plant..,: NOW, THEREFORE, BE IT -ORDAINED, BY -THEr CITY COUNCIL OF THE CITY OF IOWA CITY, -IOWA SECTIO_ N 1. VACTION• :The City of Iowa City hereby vacates the dghts of i way legally described as follows Commencing at the southeast comer of Outiot 35 in Iowa City, Iowa; according to the plat of the sub -division of the Lumber: Yard and Promenade recorded in Book 1, Page 479 deed 'records of Johnson County Iowa thence N 00°4524 W; . (assumed bearing)"along, the east line of 'I said Outlo135 a distance. of 530.00 feet to -: the -point of beginning;thence- S 89°17'37" W 118.88 feet to a point on the, easterly .line 'of the Iowa River (mean .high-water iine);'thence 1d 09'28'52"'E. along said easterly fine 15,12 feehlhenoe N 31°42'01 E'along, said easterly; line' 40.53 feet thence ".N 23°01'02° E along" said easterly; line' 5598 feet; thence N 18°57'27" E along said easterly line 21.00 feet;; thence N,31"05201 E -along said. easterly line 35.86:feet;' : thence N- 25°25'20" E along said easterly; line 103.97 feet to a point on.sald.east line of. Outlet 35; ,thence S 00°45'24".. E "along said east line 243.94 feet to the point of beginning containing 14,793 square feet;%lil Lots 5 6, 7, 8 and the included alley in I: Block 100, in Iowa. City, Iowa, according to 1he plat 'of the,-ub-division of the Lumber Yard and Prbmenade recorded In, Book 1; Page'_ 479, deed' -:records of Johnson County, Iowa, and that part of, vacated Madison Street described' as:.: Commencing at the -southwest comer of Lot 8 in Block 100, Iowa- City Iowa, according to the plat of the sub -division of the Lumber Yard and Promenade, record- ed in Book 4, at page 479, Deed records ' of Johnson County.'9owa, thence West 19.38 feet, thence North 115 feet thence -: East 19.38 feet to the west line of said Lot 8 thence South along the' west line of said Lot 8, 115 feet to the point of begin-.: rtmg; and . '- t fi-irMlpt[pA�! STATE OF IOWA ) JOHNSON COUNTY SS 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. 03-4063 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 11th day of March, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on March 19, 2003. Dated at Iowa City, Iowa, this 8th day of April, 2003. Julie K. oparil Deputy City Clerk _ 410 EAST WASIIINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 ;a _ r Y r'a1• \ Orlene Maher, 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 --I-- time(s), on the following date(s): v Legal Clerk Subscribed and sworn to be fore me this _1 Iday ofy r c h Notary Public W EC_1_1111�__!j�;26;.20 ARGARET RIOSission Number 130158ommission ExpiresctohnY0, requested amends Development Hou Plan for the Penir designate 'revised Family ,';1: hous Townhouses,., Live Small Apartment E the language j', Development' Coi increase in heig homes, Live' Wo Apartment Building tion of parking spat specify; how parki; be calculated',., <, Commercial Uses.,: WHEREAS;=,th6 Commission. has,`( Peninsula Neigh] Planned . Developri Pian and: has -recon -NOW, ' THER ORDAINED BY TH. THE CITY OF iOW, SECTION I. AP Planned Developm _ Plan -is .hereby ado described below: That part of Aud'd and all of Auditor': Iowa City 'John described as follow point of reference'; r comer: of Seaion.4 Range 6 West of, North 1 °39'04`: Was the Eastlinaef the; > said. Section 4 (asst description only);.thr West 563.04 feet ab Government Lot 5'6 -.. Northeasterly ,:come Parcel No. 97099 ar ning; thence South`( feet along an Ea : Auditor's Parcel No: 45°57'40' West,;:1 . E Southeasterly line of of intersectio - the Iowa Rive Auditor's Pan 57°04'60'>. Northwesterly No.:, 95080; it 97225, feeta said: Auditor's North.76'181 Northerly line 95080;..31ien ':. 981.55 feet at Audhor's : Pa Easterly line'( 97099; thent -`330.001eat;al Auditor'sPatc Beginning and acre§mare or nd i is an ily all a - to 8E IT-:! UNCIL OF: VA: he revised ig' Overlay e property, No:;95080; 10.97099 - ity, ; Iowa a •s Id al Ay East' d said' )int of'.:'. t E2.1 8 z' i wYnlX7l�ild3A're&443tK97Yi91G!_S'1F,CS.:ir!axn�teucC.<:.,_L:� 1i3.�'..e�i: ]. '... os::.�.W.+.'..c .'.: :.v .:..1._.. �..�.'Y'F.l. :". ......: _. .... .....-. �. . .. ... _ . �.. ........ ... ...._-...... .,. .,-.-,....�..._ ._� .u_... s........,.-.� Y• ._. _. w `.OFFILPLIBI.IrAMON QRDINANCE N0. 031063' I ORDINANCE -AMENDING THE Printer's Fee $_�� PLANNED DF'HELOPMENTHOUSING OVERLAY:(OPDH-5) PLAN FOR THE i PENINSULA NEIGHBORHOOD BY CER'T'IFICATE OF PUBLICATION AMENDING THE PENINSULA NEIGHBORll,HOOD CODE �31. ! STATE OF IOWA, WHEREAS, by ;Ordinance No. 01 SECTION 9'' !" ADOPTION ` OF 3958 ty the ei a Conditional _adapte.d.BEVISED DEVErOPM rr* JOHNSON COUNTY, SS: :Zoning Agreement and Preliminary QDr The Sensitive revised*Peninsula: Neighborhood is THE IOWA CITY PRESS -CITIZEN Areas Development Plan for the code Peninsula Neighborhood;'and hereby;:adcpted.as acomponent'af the,: i -_'.',WHEREAS, Planned Development Housing Overlay' FED_ ID #42-0330670 the Sensitive Areas i DevebpmentPlaninGuoEdthePeninsufa (OPDH) Plan by -this reference and the i I , terms and requirements Neighborhood code whichspecifesbutld- therefore full 'rf Ing , placement requirements for. the given force and effect as fully set _ I Peninsula Neighborhood; and forth'herem VARIATIONS I, WHEREAS. The, :;developer :has �� !It The toliow; Orlene Maher, 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 --I-- time(s), on the following date(s): v Legal Clerk Subscribed and sworn to be fore me this _1 Iday ofy r c h Notary Public W EC_1_1111�__!j�;26;.20 ARGARET RIOSission Number 130158ommission ExpiresctohnY0, requested amends Development Hou Plan for the Penir designate 'revised Family ,';1: hous Townhouses,., Live Small Apartment E the language j', Development' Coi increase in heig homes, Live' Wo Apartment Building tion of parking spat specify; how parki; be calculated',., <, Commercial Uses.,: WHEREAS;=,th6 Commission. has,`( Peninsula Neigh] Planned . Developri Pian and: has -recon -NOW, ' THER ORDAINED BY TH. THE CITY OF iOW, SECTION I. AP Planned Developm _ Plan -is .hereby ado described below: That part of Aud'd and all of Auditor': Iowa City 'John described as follow point of reference'; r comer: of Seaion.4 Range 6 West of, North 1 °39'04`: Was the Eastlinaef the; > said. Section 4 (asst description only);.thr West 563.04 feet ab Government Lot 5'6 -.. Northeasterly ,:come Parcel No. 97099 ar ning; thence South`( feet along an Ea : Auditor's Parcel No: 45°57'40' West,;:1 . E Southeasterly line of of intersectio - the Iowa Rive Auditor's Pan 57°04'60'>. Northwesterly No.:, 95080; it 97225, feeta said: Auditor's North.76'181 Northerly line 95080;..31ien ':. 981.55 feet at Audhor's : Pa Easterly line'( 97099; thent -`330.001eat;al Auditor'sPatc Beginning and acre§mare or nd i is an ily all a - to 8E IT-:! UNCIL OF: VA: he revised ig' Overlay e property, No:;95080; 10.97099 - ity, ; Iowa a •s Id al Ay East' d said' )int of'.:'. t E2.1 8 z' i wYnlX7l�ild3A're&443tK97Yi91G!_S'1F,CS.:ir!axn�teucC.<:.,_L:� 1i3.�'..e�i: ]. '... os::.�.W.+.'..c .'.: :.v .:..1._.. �..�.'Y'F.l. :". ......: _. .... .....-. �. . .. ... _ . �.. ........ ... ...._-...... .,. .,-.-,....�..._ ._� .u_... s........,.-.� Y• ._. _. STATE OF IOWA ) JOHNSON COUNTY SS 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. 03-4064 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 11th day of March, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on March 19, 2003. Dated at Iowa City, Iowa, this 8th day of April, 2003. Julie IZ' oparil - Deputy City Clerk w 410 EAST WASHINGTON STREET 103VA CITY, IOWA 52240_1826 • (319) 356-5000 - FAX (319) 356.j009 OFFICIAL PUBLICATION ORDINANCE NO. 03-4064 AN ORDINANCE AMENDING TITLE S, "ADMINISTRATION", CHAPTERS CITY "MAYOR AND CCOUNCIL", SECTION 3, "COMPENSATION" TO ALLOW CITY COUNCIL MEMBERS TO PARTICIPATE IN THE CITY'S GROUP HEALTH INSURANCE PLAN AT THEIR ,OWN EXPENSE. WHEREAS, the City Council desires to provide members of the City Council with the ability to participate in the City's group health insurance plan at a council mem- ber's own expense and at no cost to the City; and WHEREAS, pursuant to state code, compensation of council members must be established by ordinance; and WHEREAS, participation in the City's group health insurance plan is a form of compensation; and WHEREAS, pursuant to state code a change in compensation becomes effec- tive for all council members at the begin- ning of the term of the council members elected at the election next following the change in compensation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CIT,, IOWA: SECTION 1. A ENDMEN - Title 1, "Administration", Chapter 5, "Mayor and .City Council", Section 3, "Compensation", of the City Code is hereby amended by adding a new subsection "D" as follows: D. Health Insurance shall be available to a council member on such terms and conditions as health insurance is avail- able to city employees, except that a city council member's participation in the city's group health insurance plan shall be at the council member's own expense and at no cost to the City. i SECTION 11 REP ALE All ordi- nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IU SEVERABILITY. If any section, provision or part of the Ordinance 1 shall be adjudged to be invalid or uncon- stitutional, 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. i RECTION IV EFEECTVE DATE J . a Ordinance shall take effect on anuary 1, 2004. Passed and approved this 11th day of March, 2003. Attest: /s/Emest W. Lehman, Mayor /s/Marian K. Karr, City Clerk 54238 March 19, 2003 A'T6, Printer's Fee $,Q_-/ 6 CERTIFICATE OF PUBLICATION STA'L'E OF IOWA, JOHNSON COUN'T'Y, SS: THE IOWA CITY PRESS -CITIZEN FED. ID #42-0330670 I, Orlene Maher, 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 _I time(s), on the f`ollll�owing date(s)): n_)'? Q a.>`r U (n r. I i s__� Legal Clerk Subscr}�ed and swor to before me this 7 day of_Z112 f, C A A.D. 20 02S_" Notary Public a --- MARGARET RIOS sslonNumber� Ortobrr 26, ? - 0 - 0 0 ► r ago '0!e� City of 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. 03-4065 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 8th day of April, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on April 16, 2003. Dated at Iowa City, Iowa, this 16th day of May, 2003. Julie panl c Deputy City Clerk 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240- 1826 • (319) 356.5000 • FAX (319) 356-5009 OFFICIAL PUBLICATION,', . `I 2 G ORDItVANCE NO: 03-4065 ` AN ORDINANCE AMENDING :CITY';, The home must prowde a fenced outdoor '' play area if not less than 50 square Leet Prin4etr's Fee S ✓ -._ ._ CODE 14,' CHAPTER B;r ENTf Per chid based on the maximum number .71TLE TLED ZONING,!''_ARTICLE M-:.ENTI of children that"Wili be using the outdoor CERTIFICATE OF PUBLICATION tLEQ ' ACCESSORY USES;', AND BUILDINGS; SECTION 7 EN17 ED play%area at any;given time;; The home must contain 35 squarefeet of ; STATE OF IOWA, I "PERMITTED ACCESSORY USES AND " interior floor space • per'-child excluding:: kitchen bathrooms and halis BUILDINGS_ provision of cdcare is WHEREAS,1he hil The home must have a working fire exlin- JOHNSON COUNTY s SSS I a use that is commonly.accessory . ,to res gulsher smoke _detectors and two direct exits, THE IOWA CITY PRESS-CITIZEN ide R uses and +WHEREAS, there isja demorislrated; ;. The operation and maintenance of the ' g FED. I® #42-0330670 for the provision of childcare within home must rneet all applicable State i requirements. the community, and the WHEREAS, the State of Iowa has made . ! he'home is permitted one nonresident certain changes to the regulation of child ' incmase car iver n addition to the e9 pnmary rest- dent caregiver. I, l care homes which allow an m the number of children allowed in any' one home that certain ,SECTION . kAr FR All ordi- nances and parts of ordinances in conflict " Orlene Maher, being duly swom, say j childcare provided , site and facddy. requirements are met . with:the, provlsions of this Ordinance are 4 that I am the legal clerk of the IOWA I an WHEREAS; changes to the City Code.! he`aby `N Vl.l :: SECTION VI:+-GFVFRARIrITv Jf any ` CITY PRESS-CITIZEN, a newspaper are-necessary-to be consistent with the State regulations, and will, open the section provision or 'partof.'. he' Ordinance shelf be adjudged to be invalid i published in said county, and that a opportunity, for additional quality, child-:: care ih lewa city. or unconstilutional such-adjudication shag , not . affect the validity bf. the notice, a printed copy Of which 1S NOW; THEREFORE,.BE IT.ORDAINED:; gy THE:CITY COUNCIL OF THE CITY Ordinance as a .whole ,or;any section, r isi P ov on .or part thereof not adjudged hereto attach d, was published in + OF IOWA CITY, IOWA: SEr T10N I APPROVAL City Code Title 14, Chapter 6 Zoning, Article B; Zoning i invalid or unconstitutional. , Y: SEC7TClN VII EFFECTIVEDAT� This .; Ordinance shall be in effect after its final said paper time(s), on the Definitions,' br' amended to replace the passage approval and putilica ion, as fO1lOWing date(s)' existing deftmtion of.Chifd Care Home, 1 with the following definition: ' `s I Provided by law. ;: Passed and approved this 8th day of /� (� n(l CHILDCARE HOME ' A home-based childcare facility which provides less April, 2003A s/Emesf VJ Letirnan, Mayor AYesI t►`I I than twenty-four (24) hours per day care s/Manan K Karr City Clerk or superyision in a residence fora maxi. '.-.mum of sixteen (16) chitdren`at any one ; 50695'' _ _ _ • Apnl 16, 2003 -•� time_ ., . City Code Title 14, Chapter 6, Zoning, . Article M, Accessory Uses and Buildings. f Iubsection Q jai �o Section 1, SPer Accessory Uses and Bmldings,:8ubsection A paragraph 12 is Legal Clerk g j amended to replace the existing text w-rt.h j the text that follows: - Subscribed and sworn to before me 12, Childcare homes that provide care for I . up to 8 children, provided-the operation t this ��_day of C � � . and maintenance of the childcare home meets ell applicable` State requirements. f 6resident A.D. 20A childcare hom¢is permitted one non- caregiver in addition to the pri- maryresident caregiver A new paragraph is added to.14-6M-1 A, as follows: 13i. homes that provide, care for Nota Public Notary 9 to 16:bhildren, provided the following ;`conditionsare met: The home mus, provide a fenced outdoor v play area of not less than 50 square feet per child based on the maximum number E of children that will, be using the outdoor j play area at any given time The home must contain 35 square feet of ' interior floor space'; per child, excluding kitchen bathrooms .and halls 9� The home must have a working Bre extra- smoke detectors and two wdirect , i. `'i' R� R10S ComissRon Number gsher, Ihe i w 130158 `ycx. 6'fY Commission Ez lies Texits; operation and maintenance of the ! , � �� „�' octot,�•r z6, Y00C � - - homer-must meet all applicable State U requirements.:.' ,. - The home is permitted one nonresident: - caregiver in addition to the primary rest-; 4 dent caregiver. City Code Title 14, Chapter 6, Zoning , Article M, Accessary Uses and Buildings, ,t = f�+ Section 1, Permitted AccessoryUses and Buildings; Subseclion 8 paragraph 15 is r' amended to replace the existing text with thetextthatfoliovis:C :•.? 15. Childcare homes that provide care for 1" up -to 8 children, provided the operation, and maintenance of-the home meets all A, childr x applicable State requirements. care home is permitted one nonresident caregiver in addition to the primary rest- dent caregiver.- A new paragraph is added to 14-6M-18, i i as follows - " 16_ Childcare homesthat provide careior ' i 9 to. 16. children, provided the following Il conditions are met: -;s rte. - ,- 4 rC'--'".'1..�; r F _ . ... _ ._.:. :.:._---------- :---- _ 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. 03-4066 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 8th day of April, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on April 16, 2003. Dated at Iowa City, Iowa, this 16th day of May, 2003. Julie pari) Deputy City Clerk 410 EAST WASHINGTON STREET IOWA CITY, IOWA 52240-1826 • (319) 356.5000 • FAX (319) 356-5009 OFFICIAL PUBLICATION ORDINANCE NO. 03-4066 AN ORDINANCE REZONING 2.8 ACRES FROM FACTORY BUILT HOUS- ING RESIDENTIAL (RFBH) TO PLANNED DEVELOPMENT HOUSING OVERLAY 12 (OPDH-12) AND AN OPDH PLAN FOR SADDLEBROOK ADDITION PART II LOCATED ON THE EAST SIDE OF HEINZ ROAD, EAST OF PADDOCK BOULEVARD. WHEREAS, the property owner, The Paddock LLC, has requested a rezoning to allow the development of 26 town- house -style dwellings; and WHEREAS, the Planning and Zoning Commission has found that the proposed High Density Single -Family (RS -12) zon- ing with a Planned Development Overlay (OPDH-12), provides a transition between the existing Residential Factory - Built Housing (RFBH) and Medium Density Multi -family (RM -20) zone in the area; and WHEREAS, the Planning and Zoning Commission found the proposed RS -12 zoning and OPDH plan to be in confor- mance with the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed preliminary OPDH plan, including variations from the underlying RS -12 zoning to allow 26 attached multi- family units on a single lot; and WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY J OF IOWA CITY, IOWA: + $ECTITION I APPROVAL. The property f described below is hereby reclassified from its current classification of RFBH to OPDH-12 and the associated preliminary i Planned development plan is hereby approved: Lot 5, Part 2, Saddlebrook Addition, Iowa I City, IA as recorded in plat Book 42, f pages 246 and 247, Johnson County Recorders Office. SECTIQN 11 VARIATIONS. The RS -12 I requirement that townhouses be located on individual lots is hereby waived to allow the clustering of up to 26 town- house -style dwelling units on one com- mon lot. if SECTIQN III. REPEALER. All ordi- nances and parts of ordinances in conflict t., with the provisions of this Ordinance are '- hereby repealed. SE ON IV SEVERABILITY. If any1 section, provision or part of the F'. 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.—[FFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as Printer's Fee $ 1?3 9& CERTIFICATE OF PUBLICATION STATE OIF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED. IID #42-0330670 I, Orlene Maher, 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 I— time(s), on the following date(s): Ap,t_d, (tr, , ocn=? Legal Clerk Subscribed and sworn to before me this 16 day of A.D. 20 63 . Notary Public t1ARGARET BIOS ,,°y r' mr csion Nuin 130158csion Nuin 130158 r i• nuuission Expnes Sri. 2(k1' provided by law. Passed and approved this 8th day of April, 2003. s/Emest W. Lehman, Mayor _ "•�, Attest: s/Marian K. Karr, City Clerk 50696 April 16, 2003 ...... _ 1. ... �..-.; N n 0 STATE OF IOWA JOHNSON COUNTY SS 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. 03-4067 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 8th day of April, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on April 16, 2003. Dated at Iowa City, Iowa, this 16th day of May, 2003. JulieN-.--V'oparn Deputy City Clerk 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240.1826 • (319) 356-5000 • FAX (319) 356-5009 «.7 1 IP Printer's Fee Sia CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITE' PRESS -CITIZEN FED. ID #42-0330670 1, Orlene Maher, 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 I time(s), on the following date(s): 16 . 1�1?00_3 Legal Clerk Subscribed and sworn to before me this jc day of r ' A.D. 20 Gam_. e?Aj Notary Public n PAARGAt2ETRIpS mission Number190158 y Commission Expires Ortohr26, 2004 ,r RwN1! 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. 03-4068 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 8th day of April, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on April 16, 2003. Dated at Iowa City, Iowa, this 16th day of May, 2003. Julie . Voparil Deputy City Clerk 410 EAST WASHINGTON STREET • IOWA CITY. IOWA 52240.1826 • (319) 356.5000 • FAX (319) 356-5009 N -.n OFFICIAL PUBLICATION Printers Fee $ 1-216 ORDINAN AN ORDINANCE A68 MENDINGOTITLF_ 1, ::ADMINISTRATION," CHAPTER 9, "CITY ELECTIONS," SECTION 2(A), CERTIFICATE OF PUBLICATION ' TOEFAMENDS11 THEF DEFINITION THE CITY CODE STATE OF IOWA, "CAN®IDATE'S COMMITTEE" TO BE CONSISTENT WITH THE RECENTLY JOHNSON COI.INW, SS: AMENDED DEFINITION OF "CANDI- DATE'S COMMITTEE" IN THE CAM- 'j'I-IE IOWA CITY PRESS -CITIZEN PAIGN FINANCE CHAPTER OF THE STATE CODE THAT INCREASES THE FED. ID #42-0330670 LEVEL OF CONTRIBUTIONS WHICH REQUIRE THE ESTABLISHMENT OF A COMMITTEE AND THE ATTENDANT REPORTING I REQUIREMENTS FROM gsoo To s7so. WHEREAS, effective April 2002, Orlene Maher, being duly sworn, say - the campaign finance provisions of the State Code (Chapter 56) were amended that I aril the legal clerk of the IOWA to increase the contributions which I require the establishment of a CITY PRESS -CITIZEN, a newspaper Candidate's Committee from $500 toublished $750; and I in said court P county, and that a WHEREAS, the definition "Candidate's Committee" in the Cittyy notice, a printed copy of which Is Code mirrors the previous definition in state code and is included in the City Hereto attached, was published in ordinance merely because Iowa City pro- hibits "candidate's said paper time(s), on the - - acandidate ora com- mittee" from accepting contributions in excess of $100; and _� following date(s): ' WHEREAS, Iowa City does not have its own enforcement mechanism for ,(� f the $100 limitation, relying on self- enforcernent and the State campaign's finance reporting requirements. _ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: (� 4ECTIOM I. gMENjJMENT. Title 1, � Chapter 9, Section 2, subparagraph A. ! 0 Jw�VV n J_�_� - --- 1 entitled "Definitions" is hereby amended by deleting the definition of "Candidate's Legal Clerk y j Committee" and substituting the following definition in lieu thereof: Subscribed and sworn to before me II CANDIDATE'S COMMITTEE: The Committee designated by the Candidate this day of a.F�n�r J S to receive contributions as defined in Chapter 56 of the State Code of Iowa. A.D. 20 o 3 SECTION 11. REPEALER. All ordi- - nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repeated. SECTION Ill SEVERABILITY. If any section, provision or part of the Notary Public ' �* 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. MARGARET "'OS fJurnbor 130158 i E TI N IV. EFFECTIVE DATE.•• This Ordinance shall be in effect after its C„n„,i,sslor� Coinrnission Expires 1 1 � 888 ^no» �1 '----- finalassa e, a P 9 approval and publication. as provided by law. --•^� ” _....--• , ^! Passed and approved this 8th day of April, 2003. s/Ernest W. Lehman, Mayor - Attest: s/Marian K. Karr, City Clerk 50698 April 16, 2003 i i -.n 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. 03-4069 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 8th day of April, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on April 16, 2003. Dated at Iowa City, Iowa, this 16th day of May, 2003. Julie oparil Deputy City Clerk 410 EAST WASHINGTON STREET • IOYlA CITY, IOWA 52240-1826 • (3 19 ) 356-5000 FAX (319) 356-5009 J Y µ ,f, '7� •-c^e�.zy,r_aa.su �_ J ..Y Printer's Fee $ 3 1�1y CERTIFICATE OF PUBLICATION . I STATE OF IOWA, i i 41� �YFFICIAL 'PUIBLI CATION, , 11-'.. ORDINANCE NO 03Ao6q'- , , ORDINANCE . ! .. will' no,.�mlnlmum monthly. I charge. for sing0urpose, JOHNSON COUNW, SS: AMENDING -!TITLE 3 ."CITY- FINANCES,�'TAXATION AND for the, men 1 water. meter I �hs of.NMM!361` to March if. 1� TIKE IOWA CITY PRESS -CITIZEN FEES,". CHAPTER 4, "SCHEDULE OF. FEES RATES, I CHARGE&,'. 'Mbnthly; U ' sagG.Xu, Ft. julyl.`2ii(13 FED. ID #42-0330670 FINEUND BONDS, , PENALTIES" OF THE CITY CODE CIO To DECREASEWATER'SER-' Charge arge Mcmtnly�user'chargesf or In exce;� of water: I !Wcu-fL0errnomhf' d I . onlua VCE ARGES,AND'FEES IN JoWk� CITY, IOWA-_.,:,,: purpose water mete rs 100 to 3 1 Obo�c..ft. 3-32, Over.3 OW 66 it '2.38 Sing WHEREAS 'pursuant 'to Chapter 3U- Code Pope. meter charges forMater In excess Of"I 00 cu. It. per month.Over 100 Retuimedche' cklautornatic Orlene Maher, being duly sworn, say i of low& (1999); the City of fovva'Cjl� is a,uthorized to esta blish bani debit for PaYmen.t.,of...city.lutility services I that I am the legal clerk of the IOWA and Provide for . the collection �ofrales to pay for theCily,6 scount for combined DI accounts enrolled." perbilling 1.00 CITY PRESS -CITIZEN, a newspaper utilItY.systems, -including the City's water ly supp''. and treatment system. ;and � � , Inancesand parts ofrd, 0 mances Iniconflict published in said co*unty, and that a WHEREAS• ;,vat6ir. I . rates were. increased- In 2000 to generate adectuate'ievenue with thyrovisions of this Ordinance are herebyaled—;. notice, a printed COPY of which is to pay�,the estimated ' I.f � ... S Is 9 - operation, rnaint6nah6q necessary expansion SE TION JIF' •If any�. . he Section,, � provision or part.,. of, t Ordinance hereto attached, was published in � and Q debt servlce4c�r the tyspotable 'water' supply and tr6atment s'ystem,and shall P9'adjudged to be invalid or. unocinstifiuitibnal. such � adjudication shall 1 said paper time(s), on the WHEFIEAS� the bid for ccinstrucii6ri'of'a - not affect.;, the . validity, of- Ordinance. as. - h he a whole or,'any, section I following date(s): new 'water supply and treatment facility and 'distribution system' was less.thah:- is Prov 'on or. Part thereof not adjudged invalid or unro nstilutionaL J projected; and IV This t Ordinance shall if be In affect after ii s'fmal -2P WHEREAS, �presantl water, rates will, 'in Passage. approval and at io - to collected as a a set forth Inutific4 Z4, result .unnecessarily a c sfely be n y large reserves and Am s reduced without harm-: .3 City Code. Ing -therTnimcfal'oondificin of the City of'I Iowa City Water Division both short and e Passed ..andapproved this 8th -day of April; 2003 ' fond term- and WHEREAS, the Iowa City City :Council Proposes to decrease sfEr meat W-Lishr6an Mayor Attest Warian K li�arr., City Clerk Legal Clerk I water user fees by 5% for billings,on or after July 1;:2003 to ; F 506991! Subscribed and sworn to before me adequately finance the City's water sup- py treatment facility and distribution APrif,16.2003 tills I Lo day of0,"a , J systerri., W 11� A.D. 20,573 1-1- NO THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: AIVIENQ MENT.,' Title 3 Chapter 4, Section 3 entitled -Potabl� Notary Public Water Use and Service," of the City Code is hereby amended by: . ln,sut a Repealing th'e'I ..tion emlftl.d WaterService Charges* in Section 3-4-3' andsubstitutingthe. fo!fo I , I' thereof: wmg In leu 1 MARGARET RIOS 71 _ e 730156 i M,. r.mmisSion Expires 2G. 200" . ii* Amount of Fee, Charge, Bond; R6 or Penalty Water Service Charges (114-3A�: 4) Meter Size Lwahes July 1 2003Chargo ., 1141111mum monthly user 5/8 710 for water service ? I i IlAs or less of water first 100 cubic fee 7.76 for the used, 1? 18.25 based On meter size 2 24.S3'345.33. 4 79.08':6 159.13 - The minimum charg6s for larger meters will be balecton comparative .costr to a, 6" met Th ' ef, e minimum monthly.charge for an account holder who furnishes and maintains the meter at the account hold- er's cost will be based on the minimum: fora 5t3' I meler., regardless of the size F 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. 03-4070 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 22nd day of April, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on April 30, 2003. Dated at Iowa City, Iowa, this 16th day of May, 2003. Julie K:-Vopbril Deputy City Clerk 410 EAST WASHINGTON STREET • IOWA CITY. IOWA 52240-1826 • (3)9) 356.5000 • FAX (3 19) 356-5009 Printer's FeeS Y/O�l CERTIFICATE OF PUBLICATION STATE OF IOTA, JOHNSON COUNTY, SS: THE IOWA CI'T'Y PRESS-CITIZ N FED. ID #42-0330670 I, Orlene Maher, 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 I— time(s), on the following date(s): �r`t1 3),2_005 Legal Clerk Subscribed and sworn to before me this _ 30 day of Qart1 A.D. 20 D5. Notary Public WM9 2fOSor 130158Expires004 OFFICIAL PUBLICATION ORDINANCE NO. 03-4070 AN ORDINANCE REZONING 1,6 ACRES FROM COMMUNITY COMMERCIAL (CC -2) TO PUBLIC (P) : I FOR PROPERTY LOCATED AT 1828 LOWER MUSCATINE ROAD. WHEREAS, Section 14-61-1 of the Iowa City zoning ordinance requires'that land owned by a government entity shall be zoned P, Public; and WHEREAS, the City of Iowa; City has initiated the rezoning of 1828 Lower Buildinggln and direclei the City,o( I this amends approval Ordinance t ,iF&I hereby suit a copy of t recorded - recorder of onform to passage, of,. this iCATIr1N be Muscatine. Road, owned by Kirkwead final passage and publication as prov1dad ! j Community .College, from CC -2; by law. --;:SECTION Community Commercial to P, Public; and IV REPEALER -Allordi-. i WHEREAS, .the new zoning,classi- i nances and parts of ordinances In conflict, frcation is consistent with the zoning clas-. with the provisions of this Ordinance'are :sifications of properties owned-by,tha ^ herebyrepealed: t - Federal government, : the the " ',SECTION V. .SEVERABILITY.- if ..State, County, the City, and all political subdivi-: stons anyl section,.; provision ;or: part of the Ordinance shall be adjudged to be invalid thereof.:' ' NOW,, _ THEREFORE,,BE IT 1 or unconstitutional,: such. adjudication ORDAINED BY THE CITY COUNCIL OF , { shall: not' affect the validity of the 'THE CITY OF IOWA CITY, IOWA:`, I Ordinance as a whole or any section; pro-, SECTION 1 APPROVAL The zon-, vision or part thereof not adjudged invalid ; Ing designation for the property, described or unconstitutional below is hereby changed from :CC -2, Community Commercial to P, Publico SECTION Vt. ,EFFECTIVE DATE. This Ordinanceshall be in effect after Its AUDITOR'S PARCEL 96059 final passage, approval and publication, ' Beginning at a point In the center as provided by law. o(' Lower Muscatine. Rood which Passed and approved this 22nd day of Aprll,'2003. ;i point is South 43217'00" East '' 229.50 feet from the. West line of /slEmestW. Lehman Lot 5 of Ohl's Subdivision' In Mayor Attest. Sections 14 and 23, Township 79 North, Range 6 West of the . Fifth I /s/Maden K. Kan, ' Principal Meridian, Iowa City,.lowa,, City Clerk as recorded In Plat Book 1,' Page 12t'in',the Recorders Office of 50825 April 30,2003 Johnson County, Iowa; Thence - N47°36'10"E along the i Northwesterly line of the plat . recorded in Book 30 on Page 292 m the JohnsonCountyRecorders Office, 273.00 feet: to the most: Northerly comer. thereof; Thence S43027'35"E, 80.00 feet to a found. 3/4" pipe; Thence S47136'06"W,' , 4221 feet; Thence. N43936'38"W,:_ 40.00'feet ; Thence S47236'10"W, 223.82 feet to a point on the center- line of Lower -Muscatine Road; Thence N43°17'00"W along said centerline 40.00 feet to the Point of Beginning; , containing 12,892 , square feet.' AUDITOR'S PARCEL 96060 Beginning at a point In the center ' of Lower Muscatine Road which' ' point is South 43217'00"- East - 269.50 feet from the West line of Lot :.5 'of-Ohl's'Subdivision <in .-. Sections 14 and 23; Township 79 j North, Range 5 West of the Fifth, Principal Meddian,.lowa City, I(,owa, h as recorded In Plat Book 1, Page 121 in the Recorder's Office of Johnson County, Iowa:' Thence . N47°36'10"E, 223.82 feet Thence S43°36'38"E, along ' the Northwesterly Extension of the f Northerly Llne of the Warranty Deed recorded in Book 329, at Page 177, In the Recorders Office of Johnson County, and along the 'said -.Northerly Line, 190.00 feet, to the most. Easterly : Comer:, thereof•, - : Thence"S47°35'53"W; ;along .the i Southeastertq Line of said Deed, 191.90 feet, to the most Southerly Comer thereof; -; 'Thence _N439.17'00"W, . along. the Southwesterly Line of said Deed 15 a0 feet,: to the most Westerly, Comer thereof and a point on the, Southeasterly Line or the plat, (tj recordedin Book in !ha Remmrders Otffce :of Johnson Co y Thence S47?3608"W `.; along sard,;;ao0liiea`sterly -�me 33.00 feat. to a point on alta center ; line of Lower Muscati6G Road Thonoe fJ43?t70GW Belong Bald: � � _ ' Yr '� Centerline,40.00 feet to the pointe` ' r innin Begg =containing X37 b�2 S9uerefeet ? ` a r +. ema�el ® City of 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. 03-4071 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 6th day of May, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on May 14, 2003. Dated at Iowa City, Iowa, this 12th day of June, 2003. Juli—eiy,. Voparil Deputy City Clerk 310 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 1 t I -._ip— `.naR r ,' t ^c .?,,.,I,hf /;*i�•r 4 U,, b mss' r.Yy+4-hd g } _ ' .: ... ..._ MI9t7'MSR+l9Ai$!MM��OIIIa1LR%IIIM�YYgtlbl �. • ... � ,,v -' 1 - �. ' Printer's Fee S�v CERTIFICATE OF PUBLICATION S'T'ATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED. ID #42-0330670 I, Orlene ;Maher, 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 I time(s), on the following date(s): 1 I/ Legal Clerk Subscribed and sworn to before me this 4 day of YjiQ� A.D. 20 0_3. MARGARET RIOS 9�f F Commission Number 130150 !dy Commission Expires c OMtobor26.2(703 OFFICIAL PUBLICATION ORDINANCE NO. 03.4071:, AN ORDINANCE TO AMEND AN ' 7 EXISTING PRELIMINARY PLANNED j DEVELOPMENT HOUSING PLAN (OPDH-6) TOALLOW-A 64 -UNIT, REST- I DENTIAL DEVELOPMENT FOR'LOT j 255 OF WINDSOR RIDGE PART ; TWELVE LOCATED AT THE INTER.' SECTION OF COURT STREET AND, ARLINGTON DRIVE: WHEREAS, ! the applieantJ Arlington L.C.:: isowner and legal title': holder of approximately 7:93 acres of property; unve: and WHEREAS, the'subject propen 'was rezoned from Low Density Single.Family Residential .(RS-5)'to Medium -Density' SingleFamily. Residential (RS-8)'in 19951, subject to a conditional zoning agreement .: :requiring 'a -future OPDH'rezoning and amoval,of a development, plan -tor.the property-. and ' WHEREAS, an OP6H-8'plan, was ! ,approved in 1999 for the construction of four 1&01ex buildings with underground parking; and WHEREAS, the Planning and Zoning Commission has determined that the .— s in compliance with the Comprehens ve Pian,:and technical, compliance' with all." and cable provisions of thn-City Code- WHEREAS, the Planning and,Zoning Commission approved a variation to allow: multiple principle multi -family buildings on ` a single' lot; and WHEREAS, the'Planning and Zoning commission -approved-, a- variation; to., reduce the distance between two pnncl- pie buildings on a'single lot from a d;s- tance'equal to.the `height of, the hlghest building to 17 feet provides fer'more effi- cient land use: and WHEREAS;,the Planning and Zoning Commission approved a variation to allow three` apartment buildings on: a:lot in a, ; Medium', Density s ,Single'; Family.": Residential (RS -8) zone, NOW, THEREFORE BE IT ORDAINED :' BY THE CITY COUNCIL OF THE CITY OF IOWA CITY IOWA tutional SECTION VII: EFF nvF pAT , s. this '. Ordinance shall be in effect after its final ,passage, approval and '..publication; as provided by; law Passed and approved ,this 6h day of: i May; 2003. . s/Emest W Lehman Mayor` ". AttestslManan K. Kan City Cie,k 57050. 'Y'14; 2003�1 - Ii ' f a i _ i t e r i sk�� 122. ® city ®r i •r STATE OF IOWA ) i } )SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that 1 ' i the Ordinance attached hereto is a true and correct copy of the Ordinance No. 03-4072 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 6th day of May, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on May 14, 2003. Dated at Iowa City, Iowa, this 12th day of June, 2003. \\\\ Ju ' Voparil c , Deputy City Clerk } k 3 j j - I jf I r k O- 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240 -1826 • (319) 356-5000 • FAY (319) 356-5009 I '✓+ :. T^moi" P� I Printer's Fee $ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CI'T'Y PRESS -CITIZEN FED. ID #42-0330670 I, Orlene Maher, 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 If time(s), on the following date(s): K 2_6Q3 Legal Clerk Subscribed and sworn to before me this I`-1 day of M Q iA_ A.D. 2003 Notary Public MARGARET RIOS p F Commission Number 130158 My Commission Expires or: October 26, 2004 OFFICIAL PUBLICATION ORDINANCE NO. 03-4072 ORDINANCE AMENDING TITLE 3, ENTITLED ."CITY FINANCES, TAXA- { TION AND. FEES"; CHAPTER 4, ENTI- TLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS; FINES AND PENALITIES TO ADD CERTAIN SEC-: i-TIONS'TO SECTION 8, ENTITLED "VIOLATION OF VARIOUS L1ODE SEC y TIONS" AND ADD A NEW ,SECTION 9, ENTITLED'!NON-MOTORIZED VEHI > "CLE VIOLATIONS' IN ORDER,TO SET, SPECIFIC FINES FOR CERTAIN VIO LATIONS WHEREAS , charges based on CityI Vehicle Violations -as loaowa:: ,.. Description of Fee, Charge; Bond', Amount of Fee, :Charge . City Code;Chapter, ..Fine.or Penalty I +� Reference Prohibited on, Arterial Sires s;in Centra((' Bus. Dist $1000''; Stay:as Far to the Right of the Road (except when arrest warrants fordefendanis' failure to,:, making ;Aloft t appear in court; and, .$10 WHEREAS d is in.the public Interest to . 9-i-7(A)(2)(a). set, specified; penalties. for certain City j 'Follow Flow of.Traffii Code ;'simple 'misdemeanors .related to $10.00 alcohol, littering, animals, bicycles, and'! 9-1-7(A)(2)(b) non -motorized vehicles to decrease Operate in Careful arrest warrants being; Issued'in.these:'' $I ().Go matters. : ' NOW, THEREFORE, BE IT ORDAINED' 7(A)(2)(c) Obey Traffic Lawsr BY THE COUNCIL OF THE CITY I'll $10.00 OF IOWA: 9-1-7(A)(2)(d) -.. SE�•.TION i AMENDMENT. City Code J. MIMIC,! Reflective Device' Title.3;'. entitled ."City. Finances, Taxation,`. :After Dusk:$10.00 and Feee, Chapter 4; entitled "Schedule 9-1-7(A)(2)(e) """ of Fees„ Rates, ,Charges, Bonds; Fines ,; Prohibited in Parkin and' Penalties", .Section 8r :entitled,' 0,$10.00 "Violation of Various Code Sections",as 7(B):; hereby amended to add the following City Musl-Yield to Pedes Code sections and fines: �. $10.00 ". _.. 7(C) 'Descriptlon'of Fee, Charge, Bond, Prohibited.on Side Amount of . Fee, .Charge, City Code Dist . ;; $10.00; Chapter, Fine or Penalty Bond, Fine or Penalty Article or Section Clinging onto Motor Reference ' 9-1-e . Open Container of Alcohcl $50.00 SECTION III 'AM 4-5-5- sentence of City ' Reporting diseased Animals "City: Finances •,:, Chapter 4, enutle 8-,9-2 > ' Rates: ' Charges_ Prohibited Acts and Conditions (Animals) Penalties", Section ;`:$25.00 =.8-3.4 ` -1s hereby repealed Animal Control Adminislration and . following: Enforcement $25.00 Ttie'purpose of thi 8-4-2(D) those:'fee5, rates . Animal Control Licensing and Vaccination and,penaltles Guth Requirements , by the' city. pursue r S25.00 8-4-31 ing city utilities or c Reporting of Animal Bite, In Chapter 364, Cc -.$25.00 ed,iand to set fortt "aain.simpie misden Animal Nuisances SEr'ni1N IV. ' R $25.00 nances and parts c 8.4-5 ": with , the provision_ Animal Prohibitions and Requirements hereby repealed.: ,..$25.00 SECTIONV.=...SE Releasing or Molesting Animals section, provision c $25:00 18-4 10 ' shall be adjudged Responsikiility of Animal Owner stitutional, such;.i $25.00 a-4-111.11, affect the validity Animal Permits whole or any sec 1 525.00 8-4-12 ,4 thereof not adjudg Public Unnallon tutioneil. $50.00 8 - 5 - ; REr.DON A EF 6(C) Ordinance shall Littering passage, , apprgva $10.00 provided by law:; 14-3H-11(0)(13) Passed and of May. 2002 um) .00 and Prudent, Manner .;.; I or Clothing Required g Ramps and Lots 9 1 :. trians on Sidewalks walks in Central Bus.. Vehicles ENDMT_: The first Cede- T8e 3, entitled - Taxation;': and' Fees"; d ,"Schedule of Fees;, Rends:`:Fines.'4xnd terJstosetforth "! - ,� as: bonds fines to be charged ate. law, govern i ises, as defined owa, as amend' ficfines, for. cer- .; offenses. Fg . All ordl i antes In conflict s`Ordinance' are BILITY If ;:any I of the Ordinance nvalyd or unconJ. - ation'shall. not ordinance as a... )rovision or. part. aff&oe. unconsti= i VE DATE. This . feet after its fnal'. i publication.'; as ved this 6th',�day •4 Esme® ® City of OtA C�' z r STATE OF IOWA ) )SS JOHNSON COUNTY ) j 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. 03-4073 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 6th day of May, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on May 14, 2003. Dated at Iowa City, Iowa, this 12th day of June, 2003. Julie -K by Deputy City Clerk j 1 I i410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356.5000 • FAX (319) 356-5009 �S Y ti3 e r iCw` Printer's Fee $_�73�k. CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED. Iia #42-0330670 I, Orlene Maher, 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): M&,,,- l 12Qo3 Legal Clerk Subscribed and sworn to before me this 14 day of /!%.4 A.D. 2003 Notary Public MARGARET RIOS 9 F commission Number 130150 My Commission Expires ow. �. Ortriber 26.2004 •-.-vr,r,vinL 1'UOLIUMIIVIV"'""'.-"'- .ORDINANCE NO.03-4073 ORDINANCE AMENDING -TITLE 4;>' ENTITLED "ALCOHOLIC BEVER AGES", CHAPTER 5; ENTITLED "PROHIBITIONS` AND RESTRIC- TIONS", OF THE CITY;CODE,TO PRO- HIBITPERSONS WHO ARE TINDER NINETEEN (19)YEARS,OF AGE FROM, ENTERING OR REMAINING IN ESTAB- LISHMENTS WITH LIQUOR CONTROL;, LICENSES OR WINE OR BEER.PER MITS BETWEEN THE HOURS OF .10:00 P.M. AND CLOSING* WHEREAS, underage drinking In Iowa City has significant and negative impact on the health safety and Welfare of Its cit-..; izens• and1 11 WHEREAS, as evidenced by the num- beeof charges for Possession of Alcohol .i Under the legal Age, ;a significant'num- ber ofpersons under the, legal' drinking' age'are,accessing alcohol in"establish meets whose primary purpose, particular. ly. after the hour of 10:00 p.m:;'is the sale r of alcoholic beverages; and WHEREAS, the Iowa City City Council desires to prevent persons under_ the age' of nineteen (19) from entering or remain, . Ing in such establishments. NOW,THEREFORE; BE IT ORDAINED BY.THE CITY.COUNCIL OF THE CITY OF IOWA CITY, IOWA: ' s Sertio l: AMENDMEfJT. TiOa4. entitled 7, ".Alcoholic Beverages"; Chapter 5, entitled "Prohibitions and Restrictions'- of tho City Code is hereby. amended to: add anew: '-section.8 as follows: >: Section 4-5-5:' PERSONS UNDER LEGAL AGE IN LICENSED OR PERMIT- TED ESTABLISHMENTS. No person Individual, association, cor- poration,`partnership .orclub ,.holding a liquor control license; wine or beer permit, ' whichauthorizes on, the. premisescon- sumption, nor on-sumption,'nor his -or, her 'agents or employeesshall allow'a person who has not yet attained the age of nineteen, ,years of`age to enter<or remain' in the licensed or permitted establishment between the hours , of 10:00 p.m.' and r. closing. . However, the provisions of subsection . I (A) shall not.apply wtlen The person. under nineteen (19) years of ] age is an employee of the license or. per- mit holder. or performing, a ;contracted I service for the license or permit holder on'• the premises, and is on the premises dur- Ing his or her scheduled work hcurs: The person under nineteen (19) yearsof r age is accompanied by a parent, guardian spouse • ,or- domestic; partner registered as such under Section 2-6 3 of the City Code who is nineteen (19) years of age or older. The licensee or permittee applies for and qualifies for an exception certificate from the chief of police, or, his or her designee, as follows:' '.A licensee or permittee whose primary business purpose is not the sale: of alco- holic beverages, wind or beer may qualify for an exception by filing withAhe City Clerk a verified statement from a certified;'t: public accountant or an;accountantwhlch astablishes'that ort average over a cafen- dar year more than fifty (50) percent of `1 the licensee's or pa Ittee's grosa. 1 on I the premises aorti Lhe:'saI of,: goods or services -other than alconolic beverages, 'w no or',beer wh(ch solos } shall not include income from'}fees charged t6 --gain entry to or remain a valid exception certifim pursuant to subsection 4-5-! "Section or a valid certi0cati non-afcoholfc event is poste subsection 4-5,8(8)(4) of thi Unlessa valid ezcepti, under the provisions of 465-1 Section has been obtained a ;certificate approving a event underthe provisions c "8(B)(4) of this ,Code has b .:and posted for the duration the holder of a liquor control ucense,.wrne or beer permit, which authorizes on prom- ises consumption, shall;oloWn from the City Clerk and post'a notice.at every entrance to.. the licensed or permitted establishment in :view of patrons of the licensed' or permitted establishment, stat- ing. a Notico`to Persons Under Nineteen x(19) Yea ra of Age : ` , `` ... You are subject to a fine of $250.00 for being orrthese premises between the 'hours of, 10:00, pan., -and: closing unless-:',:- you I are; accompanied by a' parent, guardian, ".spouse or domestic partner registered as such under Section 2-6-3 of the .Cily,Code who is nineteen (19)'years of age or older, or you are an employee of this establish- mentorperforming;a;contracted service with respect.to,this establishment' and are on the: premises during your scheduled, work hours: Said notices will be prepared by the City Clerk and available at no charge. (1): A person under.nineteen (19) years of age, who violates the provisions of sub= section (C)' of this section is guilty of a simple misdemeanor punishable by a penalty of Two Hundred Fifty and 00/100 Dollars ($250.00) Violation of the provisions of subsections (A) or (D) of this section shall be a munic-. ipal infraction. Section It REPEALER. All ordinances and parts of ordinances in conflict with the: provisions of this Ordinance; are hereby repealed: cnrtion 10 SEVERABILITY. If any sec- tion, provision or part, of ,the, Ordinance shall be adjudged to be invalid or uncon- stitutional,<such adjudication'shall not affect the validity of the Ordinance as a whole. or. any, section, provision or part thereof not. adjudicated invalid or uncon- stitutional. section ` IV EEEECTtyj�_' DATE This Ordinance shall take effect on August 1, 2003.i, Passed and approved this, 6th. day of May 2003: slErnest W. Lehman, Mayor. Attest: s8nariai. Ki Kan, City Clerk 51053 May.14, 2003 ■ 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. 03-4074 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 20th day of May, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on May 28, 2003. Dated at Iowa City, Iowa, this 12th day of June, 2003. \\,, Julie K. aril Deputy City Clerk 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (3 19) 356-5000 • FAX (3 19) 356-5009 i _b, OFFICIAL PUBLICATION ' ORDINANCE NO. 03-4074 AN ORDINANCE CHANGING T ZONING DESIGNATION. C FROM BH2 CENTRAL BUSINESS SERVICES l .ZONE, -TO CB -5, CENTRAL BUSINESS SUPPORT ZONE FOR :BLOCK 67 OF THE ORIGINAL TOWN PLAT, EXCEPT- ING THE 6,000 SQUARE FOOT PROP- .ERTY AT .130 NORTH- DUBUQUE„ STREET. WHEREAS, due to 'a rezoning request of a property in Block 67 from CB -2, Central Business Service Zone, to CB - b, Central Business Support Zone, the City has initiated rezoning the remainder of Block 67 from CB,2 to CB 5, in order to .I preserve consistent and predictable zon- ing for all.the properties on the; block and WHEREAS the Iowa City Comprehensive Plan identifies the Near Northside commercial district, including Block 67, as appropriate for mined use, I residential/commercial development. WHEREAS,. the proposed CB -5 zone allows more opportunity for mixed- use developmentdue to lessstringentparking requirements and a higherallow- able floor -to -area ratio; and" WHEREAS, the Northside commer- cial area has historically developed as a mixed-use; pedestrian -oriented commer- cial area; and WHEREAS, Block 67 contains a mixture of; uses including commercial,. office, and religious institution, all of which will continue to be permitted in. the CB -5- zone. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: ' ,5)TION I APPROVE.,: The prop erty legally described below is hereby redesignated from CB -2 to CB -5: Block 67 of the Original Town' Plat of the City of Iowa City, Iowa, excepting the north 75 feel of Lot 4 of Block 67. SECTIONING- MAP. The Building' Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this Ordinance as provided by law. SECTION III -RTIFI aTON 6N6.ECORDING. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance which shall be recorded by the owner at the Office of the County' Recorder of Johnson County, iow�a, upon final passage and publication. � as provided by law. SECTION IV REP q FR: All ordi- nances and parts of ordinances in conflict j with the provisions of this Ordinance are hereby repealed. - SEUMR V V FAL31LITY It 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, pro- vision or part thereof not adjudged invalid or unconstitutional.. SECTION Vl.FFF CTIV AT . This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 20th day of May, 2003. /s/Emest W. Lehman, Mayor Attest: /s/Julie K. Voparil, Deputy City Clerk 51495 - May 28, 2003 Printer's Fee $_R 57D9 a CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED. ID #42-0330670 � I Orlene Maher, 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): �' al Q00_3 Legal Clerk Subscribed and sworn to before me this _day of Yn a A.D. 20D'_. �. - P(--, AQ. Notary Public ,w <J Cw F GA MARGARET Bission IOS Comrnisslon Numl;er 130158 MY Comm Expires -� n"er 26, 2004 s 0111�111� 1111__. yV ... � ... . I,i�:'�xT �."�i"�s�'i aa, •nJrN K :� 4 ".?'S5�••r_4wus..«tkae...r:�+.�-,;.. .,...i z.:�z;-r:.xSY'_� .:x:.o, . -.e ..._. 11 ® Lay or ,q c;,% 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. 03-4075 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 20th day of May, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on May 28, 2003. Dated at Iowa City, Iowa, this 12th day of June, 2003. Julie K. aril V Deputy City Clerk 3 :l0 EAST %VASHINCTON STREET • IOWA CITY, IOWA 52270-1826 • (L3566-5000 FAX (319) 356-5009 .. q.. Printer's Fee $ G CEl1lT]IFICATE OF PUBLICATION STATE OF IO'i)i1A, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED. I® #42-0330670 I, Orlene Maher, being duly sworn, say that I am the legal cleric 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')'1-agr = Legal Clerk Subscribed and sworn to before me this o_day of A.D. 2009_. Notary Public 1. MARGARET RIOS F F Cominisslon Numk tIOSer 158 - My Commission Expi ress October 24, 2004 OFFICIAL PUBLICATION 1 ORDII+iANCE N0 03-4475` 11 AN, ORDINANCE'.CONDITIONALLY CHANGING THE" ZONING .DESIGNA-` ;;TION ;FROM CB -2,: CENTRAL' BUS1- ., NESS SERVICE ZONE TO CB -5, CEN- TRAL BUSiNESS' SUPPORT': ZONE I FOR A 6;000 SQUARE FOOT PROPER .� TY AT 130 N: DUBUQUE STREET WHEREAS the :.applicant;,Kevin 55 Hanick,. has applied for a rezoning from 5 Central Business Service Zone, CB -2, to' Central Business Support Zone, CB 5, for a 6,000'squaie foot.propeny located at 730 N. Dubuque 'treat;;. n WHEREAS the: Iowa, , City Oompreha6. v , Plen identd+es,I a Near Northside .commercial `district, including the subject,:properry;asappropriate for. l .mixed use, residentiaUcommercial'Bevel- opment; andj WHEREAS the proposed CB -5 zone allows more opportunity for mixed-use development. due to less stringent parking ! requirements- and, a higher allowable? i floor-to-area.ratic, and:: WHEREAS the Near. Northside com- mercial area has historically developed as a mixed-use jpedestrianorienled, com- mercial om memial area; and WHEREAS to address concerns with, 1 the.appearam.e of the structure, being, consistent, "i-the..historle character. of the area, and historic landmarks; on the block, property owner has,,agreed to a Conditional Zoning .- Agraemenf that defines appearance criteria for any new structure on the property. , NOW ,THEREFORE, BE IT ORDAINCDBY THE CfTY COUNCIL OF_• TrIE CITY tOF IOWA'CITY IOWA:- SECTION -I. APPROyg4• Subject to'a the 'terms ' and • : conditions of the g Conditional Zoning -Agreement, attached S hereto and Incorporated. by reference i herein, the property,.legally, described i below is hereby redesignated from CB -2 to CB -5 ' 8 5; , The north 75 f eet of Lot 4, m Blork 67, of the original Town Plat of the City of Iowa City, lows SECTION II ZONING MAP. The Building .Inspector_ is.,hereby. authorized and directed to change the zoning map of theCfty;of, Iowa City_16 a, to conform to; this amendment upon the final passage., i approval' and ,publication .of . this Ordinance as provided by law. `.SECTION 111:`CONDITIONAL ZON-�'' INC'AGREElyIENT. Following final pas - ,sage and approval of_this ordinance,Jhe Mayor is hereby authorized and directed to sign, and the. City Clerk to attest to and .record at the owner's expense," the :Conditional: Zoning Ag reernent.;,between' the property owner and the City.,:.. SECTION IV. 'QE RTIFICATION ANQ` BfXDPDI,Ntti. The. City; Clerk. is ,hereby, authorized and directed to certify and record a,copy 11 of this Ordinance' at the i i owner's.. expense al ;the Office' of the j County: Recorder, o':Johnson :County, Iowa, upon final passage and publication I as provided by law..:+;. ,F&nQN.V. REPEAt„�. •'All ordr; i nances and parts. of ordinances in conflict .' with the provisions of this Ordinance are: hereby repealed SECTION VI SEVCRASIUt_yY It any..,; section, provision or part of the Ordinance -.-:shall be: adjudged to be invalid or uncon -c stitutional, such adjudication shall. „not e:. affect the: validityof-ihe,Ordinance.as'a*:' whole or any section, provision or part. thereof not adjudged,inveid or unconsti=" -SECJION VII.EFFECTIVE �DATE.''.' -This Ordinanceshall be.ineffect.afterits:' final passage 'approval and publication, .j as provided by law: , ,'', Passed and approved this 20th day of May 2003" . . /s/Emest W. Lehman, Mayor, Attosf:'/s/Julie K. Voparil Deputy City, Clerk _ CONDITIONAL -ZONING AGREEMENT THIS' AGREEMENT ns made by and between; the City, of Iowa City, Iowa, a ,! ;rnunicipal;corporation (hereinafter:"City") ., and Patricia . Lenoch (hereinafter' "Owner" WHEREAS Kevin, Hanick; on_behalf. i ..Of,tho Owner, ties requested that 'the ,City 1 rezone approximately'6,000 square feet of, property;,locat.0 of 130 N., Dubuque'. Street,.; from', Centrals Business S Service Zone C6.2; to Central;BOSiness Support', WHEREAS, the property is located in a commercial area'with numerous historic landmark buildings;;and WHEREAS; the'propeny is located on''; an enlranoeway Into downtown Iowa City; `. and WHEREAS,.Iowa:Code 414.5'(2001) jl provides;that the City of. Iowa.City, may'; impose reasonable conditions on granting = an applicant's reioning request, over and'.; above, existing regulations, in order to,sat isfy public needs caused by the requested. ; change in;ioning,'and -;':WHEREAS, Owner agrees that cep-`. t2in,conditions .and restrictions are rea- sonable to address Issues'of compatibility with the,, historic; character of:the Near Northside commercial district and nearby historic landmark properties, and to ensure appropriate development on -Dubuque;.Street, and. entranceway to., downtown Iowa City. NOW, THEREFORE; in consideration. j of mutual promises contained herein, the parties agree as follows: Patricia Lenoch is the owner and legal titleholder of a 6,000 square foot property at 130 N;; Dubuque Street; - more particu- larly described as follows. The: north 75 feet of Lot 4, in Block 67, of the original Town Plat of the City Of Iowa City, lowa. Owner acknowledges that the City wish - as to ensure that any; structure on' this propeity°is compatible"with the S. historic character of. the area and appropriate. for an entranceway into down town1owe City:: `.Inconsideration of the City's,reioning 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. 03-4076 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 20th day of May, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on May 28, 2003. • Dated at Iowa City, Iowa, this 12th day of June, 2003. Julie aril Deputy City Clerk I 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240- 1826 • .(319) 356-5000 • FAX (319) 356-S 009 r _ r 1 )s Printer's Fee $ IX CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED. ID #42-0330670 I, Orlene Maher, 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 I time(s), on the following date(s): Legal Clerk Subscribed and sworn to before me this a'day of MO_ A.D.20Q_i . Notary Public PAARGARET R�IS30.1 : �' 7 p COminissinn Numbe58 My Commission EO�tobor26. 20 l i '.LOTS' -17,16, '-19:AND 20 OF - OFFICIAL PUBLICATION MEADOW RIE)GE, PART TWO, `IN, rACCORDANCE WITH THE PLAT ORDINANCE N0.03-0076 THEREOF RECORDED IN BOOK 37, :' AT PAGE '97, OF:„:THE AN ORDINANCE CHANGING THE RECORDS OF E JOHNSON ZONING DESIGNATION FROM^. ,TH. COUNTY. RECORDER'S OFFICE. HIGH DENSITY SINGLE FAMILY ( SEN- SAID PARCEL CONTAINS 2.21 SMI VE AREA OVERLAY ACRES; : AND IS. SUBJECT .TO : (RS=121OSA) TO PLANNED EASEMENTS AND. RESTRICTION DEVELOPMENT HOUSING OVERLAY OF RECORD- ' (OPDW12/OSA) FOR 2:12 ACRES OF . -SECTION II VARIATIONS. "'::PROPERTY LOCATED AT THE- '' Section 14;6J -2-D-7 of the City Code pro - SOUTHEAST CORNER OF vides;thatcombinations of land :uses are:. MEADOW RIDGE LANE AND permitted and variations in building set - NORTH DUBUQUE STREET- back and, lot area, requirements maybe WHEREAS, ; the applicant, CJ's approved for planned developments and I Construction Inc., has requested that the I Sectio6i4-6J-2-13 of.the,City Code pro - property be rezoned from High Density vides for flexibility in architecture] design,: ; Single Family Residenlfat/Sensitive'Area placement=and; clustering of buildings, Overlay, RS-12/OSA, to. Planned i use of open space; traffic circulation and Development .Housing Overlay, RS- parking, and related site and design con -s 1?JOSA/OPDH; and WHEREAS, the applicant is requesting sideration.:: The following waivers -are approval of a Prelfminary:OPDH Plan and- approved as, part of the Preliminary OPDH Plan: an amended Sensitive Areas - Waiver of Se6tion.14-60 2 A to reduce Development Plan to allow the develop- the front yard for lots abutting a'primary ment of 13 townhouse -style dwelling arterial street from 40 feet to 30 feet.' units; andWaiver of Section i413A-+F-1 to per-__ WHEREAS, The Planning` and• Zoning mit multi pis primary siructuresonasingle ` Commission has determined that the pro-, lot In an RS zone posed rezoning' is in conformance with SECTION Ill. ZONING MAP. The build-' the North District Plan, and that the pro- , . ing : officialis hereby: authorized' and posed PreliminaryOPDH Plan: and _:'direct ad to:change the zoning map of the amended Sensitive Areas: Development , , City of lowa`City, Iowa to conlorm,to this'. Y Plan are in technical compliance with all amendmenti."upon• the.' final passage, ; applicable provisions of the City Code; approval and publication of this ordinance and as provided by law. WHEREAS, the PreliminaryOPDH' SECTION`I . .CERTIFICATIOMAND Planincludes al vanalron to: allow four RECORDING. The City Clerk is hereby townhouse=style buildings on a single of authorized and directed to'certify a copy In an, RS and was approved by the of 'this ordinance and `the ramended.” Planning and Zoning Commission; and ' Sensitive ;Areas Development Plan and> ;WHEREAS,',the -amended: Sensitive Preliminary.'OPDIHPlan'for'this property; l Areas Development Plan Includes'a vara- and record the same ,in.the Office of1he ationto reduce the front back from 40 feet Iowa, County Recorder, Johnson County; ,. along North Dubuque Street to 30Jeetto at the Owners expense, upon the finat allow.the preservation of;open' space.to t passage, Iapproval and publication of this i be maximized and was approved by the ordinance. as provided by law. Planning" and Zoning Commission; and:. SECTION'-V.'-REPEALER.AII'onii='- WHEREAS, the OPDH plan is in com- ' nances and parts of ordinances in conflict piiance with the Iowa City 'Zomig with the provrsons of this Ordinance are } Ordinance; andr.., hereby repealed. - - WHEREAS, .the proposed develop- i `, SECTION VI. SEVERABILITY;;*If any ` Ment is in' compliance with the North section, provision or part of the Ordinance , District Plan. ' - shall be adjudged to be:invalid.or uncon- NOW, . THEREFORE;..`. BE IT stdutionat; .such' adjudication shall nut ORDAINED BY THE CITY COUNCILOF i 'affect the validity: of the Ordinance as a-` THE CITY OF IOWA CITY, IOWA: whole or' any section;' provrslon!yor'parl `. SECTION I. APPROVAL: The proper-.? thereof nof;adjudged'Invalid or unconsti-1 ty described below is hereby reclassified tutiona1. , from its current designation:: of.' High ", :SECTION VI EFFECTIVE nATE. ( l: Density. Single;: Family. Residenlial/ :' This Ordinance'shall.be in effecbafter its -: Sensitive Areas 'Overay]RS-121OSA; to ' finalpassage,oapproval'and publirabon,'; and Planned 'Development Housing as prowded by law Overlay,. RS 12/OSA/OPOH,and the Passed and approved this 20th day of - 'associated PreliminaryOPDH Plan and May 2003 amended Sensitive Areas Devolopmenf /s/Cmest W Lehman Plan, is hereby apP over .. • .._ o Mayor , ; i r 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. 03-4077 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 20th day of May, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on May 28, 2003. i { Dated at Iowa City, Iowa, this 12th day of June, 2003. ,\ Juli pari) Deputy City Clerk 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 )J Printer's Fee S 030 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED. ID #42-0330670 I, Orlene Maher, 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 I time(s), on the following date(s): Mal, aft noo3 Legal Clerk Subscribed and sworn to before me this --c&-6--day of U A.D. 2003 o / r .. 71— Notary Public RE, RGARErTOSNumher 130156srnbAr 25, 2noe OFFICIAL. PUBLICATION Ordinance No. 03 -4077, - AN ORDINANCE TO REZONE FROM ;:6 NEIGHBORHOOD CONSERVATION:.:::: RESIDENTIAL IFINC-12 "& RNC -20) HIGH: DENSITY MULTIFAMILY R ES IDENTIAL'(RM-44)'AND MEDIUM DENSITY SINGLE. FAMILY RESIDENTIAL (RS -8) To CONSERVATION DISTRICT' OVERLAY (RNC-121OCD;,RNC-2010CD, ' RM-WOCD & RS4310CD) FOR THE . DESIGNATION OF.THE"COLLEGE HELL CONSERVATION DISTRICT.'- r,:. WITHIN THE COLLEGE HILA 4S, at -Its February 20, 2003 the.iPlanning':: and 'Zoning 4; .: to a led.approval of m. district deslg- uidelines for the d; and, , 3 IT ORDAINED.. OF THE CITY L.; :The. College !strict;-, legally heated on Exhibit :orporated here- ' reby designated Oveday, (OCD) guidelines of the i:- :Preservation -ndix B'District College: Hit' ached incorpo mce orthwest cor- i the O ' 'neI {r in Johnson tO;.Township est.'Thence point on the running east' 39: Thence {Joint on the nor; Street. igzsaid can- eastor'y to a boundary of - 1 -Town . Plat. the northern is`'soeth of Juuot 4, to a undary of lot k's Addition. .et along the ecis the t 3, - the -the ' to a : ian'• oulh = tis i t 'f. ti 4 i Preservation -Plan, contained in the Iowa 'City Comprehensive Plan, recommends 8'e consideration of the dosignation of con ` 'servation.and historic districts,with'n the i>` in I as College.Hill Neighborhood- and `, Zoi "WHEREAS Iowa.' City j 'Comprehensive la:the P.. recommends the 'toy `He preservation' of the:integrity bf historic .' Gu neighborhoods, ilia stabilization of neigh- Ne borhoods;. and suppods," efforts:: of,.the :r rate Historic Preservation Commission; and WHEREAS, the :Iowa City Municipal Code :'authorizes the' ' <: Historic: PreservationzCommission to,.'nominate and the City.Councll to designate coriser= vation districts, where, deemed appropri- :' ate, as a: means -of preserving lhe..neigh-;_' borhood character of traditional Iowa Qty,: neighborhoods, "or for preserving areas '. . that exemplity unique ordistinctive devel opment patterns; and.:' WHEREAS the Iowa City .Historic Preservation Commission has -completed - a study of the College Hill neighborhood Nand has found that portions of -this neigh- -' borhood. retain .substantial', integrity to =the criteria for designation as a con-.- `. servation district; and -` " WHEREAS, the Historic Preservation Commission feels that designation of the College Hill` Conservation. District within: the College Hill neighborhood veitl help i stabilize the neighborhood by, providing for design review of new construction or `alteraIto ns of existing buildings to'assure t compatibility with the existing character of • '' the district, and will encourage the reten-. "r lion of :existing. contributing structures E .. within the College Hill Neighborhood; and -' WHEREAS, atits August9,2002public .: hearing„ .'-the* Historic Preservation `1: f Commission nominated' said,!. properties for designation as a:consWation district; and - 4S, at -Its February 20, 2003 the.iPlanning':: and 'Zoning 4; .: to a led.approval of m. district deslg- uidelines for the d; and, , 3 IT ORDAINED.. OF THE CITY L.; :The. College !strict;-, legally heated on Exhibit :orporated here- ' reby designated Oveday, (OCD) guidelines of the i:- :Preservation -ndix B'District College: Hit' ached incorpo mce orthwest cor- i the O ' 'neI {r in Johnson tO;.Township est.'Thence point on the running east' 39: Thence {Joint on the nor; Street. igzsaid can- eastor'y to a boundary of - 1 -Town . Plat. the northern is`'soeth of Juuot 4, to a undary of lot k's Addition. .et along the ecis the t 3, - the -the ' to a : ian'• oulh = tis i t 'f. ti 4 i I OFFICIAL PUBLICATION boundary line . of lot; 6. . Koser's Subdivisfon.thence, westerly to. the. northwest , corner of lot 1_ Koser's, Subdivision::' Thence northerly 35.3'. Thence westerly' along the south boundary of Outlot 1, Koser'is Subdivision,.to a point on the.centerline' of the alley running north and south between Burlington Street and!Co6rt Street. Thence .northerly 3':to a point where said centerlind Intersects with the cen- terline of'the alley running east and west in Oaks FirstAddition. Thence :--westerly,--1,020.80 -feet- along! said - ceriterline'and,theils6uth boundary of -lots 3 and 4 of Kauffman's Addition, to a point on the eastern boundary of. lot. 2, Kauffman's Addition. - , Thence northerly 193.50 feet to a point on the centerline'of Burlington Street, Thence westerly along . said centerline: to a point where it Intersects with a southerly. extension of the eastern boundary of Outlot 2 of the Original Town Plat. .. Thence westerly, along said, centerline 91 feet. Thence norther - V 136 feet Thence westerly .59 'feel:. , Thence northerly 70 feet. Thence westerly 80 feet., Thence southerly 3 feet. Thence westerly 60 feet. Thence northerly 250 feet to the southern boundary of Outlot 3 of the Original Town Plat. Thence easterly 80 feet. Thence northerly 195.5 feet. Thence westerly 160 feet.. Thence southerly. 36.25 feet along 'the -western' western boundary of Outlot 3, the Original Town Plat. Thence westerly 400 feet across Govemor.Street and beyond to a point on the , western boundary of Block 2,. the Original Town Plat. Thence southerly along said west- ern boundary 20 feet. Thence westerly 170 feel. Thence norther- ly 30 feet. Thence westerly 50 feet along the south boundary of lot 2, bock 21, the Original Town Plat. Thence southerly 10 feet. Thence westerly 50 feet. Thence northerly 160 feet to the southern dght-of- way line of . L Washington Street. Thence westerly 182 feet to point P feet east of the northeast comer of College Green Park. Thence northerly 260 feet to a point on the centerline of the alley running east and west between Dodge and Johnson Streets. Thence westerly. 108 feet along said centerline. Thence southerly 260 feet to a point on the north boundary of College Green Park. Thence west arty "6 feet to the northeast comer .of lot 1. block 41, the Original Town Plat. Then6e southerly 65 feet along the east, boundary of said lot 1. Thence westerly 80 leet to a point on the westboundary said. lot 1. Thence northerly 755 feet to the point of beginning. Excepting the following described properties, which are not to be included., Lots. 2, 3, 6, 7, 10. 11, 12, 13, the north 97 fee.1 of Lot 8, and the north 137 feet of lot 9 of J.. a J.W. Clark Addition, Iowa City. Iowa: together with` --Lots 1;:2, 3. 4, 5 and, 6 of Koser Bros: Subdivision of Lots 1 & 2 of, Fry's Addition, Iowa City, Iowa: together with Lots 1; 2 and 3 of Carson's Subdivision of Lots 14 to 20 of J. and J.W. Clarks Addition to ,Iowa City, Iowa; together. with A portion of Lots 3 and 4 of Carson's Subdivision of Lots 14 to 20 of J. and J.W. Clark's Addition to Iowa City, , Iowa,', more , particularly described as follows: Beginningat a point 5 feet west of the northeast comer of said Lot 3, thence east 12.45 feel to said. line'of Muscatine Avenue, thence south-. easterly along said westerly line of Muscatine Avenue 64 feet: thence southwesterly 90.3 feet. to, a point, 110 feet south of the point of1begIn- ning; thence north 110 feet to the point of beginning. , SECTION It,,ZONING MAL-.. The Building Inspectoris hereby authorized and directed to change the zoning map of he City of Iowa City, Iowa, to conform to his amendment upon.the final passage,. approval and publication of this ordinance as provided by law. SECTIO III'. CERTIFICATION AND BEQ=ILM-. Upon, passage and approval, of the Ordinance; the Cit, ' I Clerk Is hereby authorized and directed to cer- illy a copy of this ordinance aifd t9_ reci?r4__J :t - - , -e at . In a - o. -ft --- he sam' t Ice of. the.County Recorder of Johnson -County; Iowa, all as, provided by law,: 4, SECTION IV.' 'BE—PEALE& All ordi- nances and parts of ordinances in conflict with the provisions of this areal hereby repealed. 5F_MQN_V___.$EVERABILITY. 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, pro- vision or part thereof not adjudged invalid, or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after final passage, approval and publication, as provided by law. Passed and approved this 20th day of May, 2003. Is/Ernest W. Lehman, Mayor Attest: /s/Julie K. Voparil, Deputy City Clerk .College Hill Neighborhood District. Guidelines January 2003 The. College Hill Neighborhood District Guidelines would apply, to the College Green Historic District_ East College Historic District, and ,the proposed College Hill'Conservation 'District for exterior alterations to properties In thesa; districts. If adopted,' these, guidelines would be added to the Iowa City Historic Preservation Handbook Currently, neighborhood district guidelines have only been adopted for - dishilcis within the Longfellow Neighborhood. Site and I Scale uld.-unIsfoiAciditions, New Primary Structures, and Outbuilding Setback, Front For new primary structures, the building, setback from the street should be estab- lished based upon thesetbacks of exist- ing buildings located adjacent to the pro- posed building. The setback of the new primary structure should conform with'the average of the setbacks of the four near- est primary structures located within the same block and along the same street frontage. Thb setbacks of existing build- ings shall be measured at the first floor wall of the main living area of the building, excluding a covered or enclosed porch. .Front parches are pnevalcntdri existing buildings within the districts. Newbuild- ings may contain covered front porches that extend into the fronlyard, provided they are located. no closer to the street than any of. the other porches along the same street frontage'. Building additions should be placed at the rear of a property if possible. Additions at or near the front of an existing building shall be set back'at least 18 inches from, the front plane of the existing building and shall be differentiated by a change in the rorifline or 61h4means. Building Facade 2 The total surface area of the street 6le- vation of a new primary, structure should be. no. more :than. 1260 square feet.: .Existing primary structures that were his- torically single-family houses should not be:expanded in sucha wrianner that the total surface area'exceeds 1200 square feet.. If the primary structure is acclden-. tally i destroyed or, ,is a noncontributing ow structure that the ner wishes to demoP ish, and if thestructure had/has a street. elevation -surface, arearif 1200 square:. feet or -greater; it may be reconstructed with a street elevation area not to exceed the area of the.pre-existing primary s.truc- ,lure. ,For the purposes of enforcing - this guideline, the, total surface area of the' street elevation shall be defined as a fig- ure derived:by calculating the.surface area of all Wall and roof surfaces, -in6lud- ing windowand.door openings, that are - visible In a measured drawing -of:the. building elevation. Outbuildings utbuild ngs. including 66 placed to therear of the primary build- ing - whenever., Possible.,,.Attached garages are discouraged, but it construct- edshobld be'.setback .at.least 20 feet PediistrGn`Acciss 7_ F ZIT W. I 2+iN.i��HrLJ.«..iw.:.wu'v....vai{�. .�-..o.�M1�sir� :...: '.0 _......_.✓-� - � - � .....« ._. ..x . �...-..rw�.`..�.. �.v.• __.... OFFICIAL PUBLICATION '-OFFICIAL PUBLICATION OFFICIAL PUBLICATION nects'the entrance door or porch to the shall be one-and-a-haf, or two stories In ° for the style of the house.- Front porches must be roofed and supported with posts public sidewalk. height:g On Coeae real oniv: New single- . or pillars of appropriate'; dimensions. Vehicular Access , ' .Vehicular access should be provided family houses and duplexes shall be two stories in height: They -.may be. partially screened; or, unscreened, but shall not be entirely; from an "alley if avallable.; Driveways Rooflines enclosed with walls and/or windows.; Porch flooring should be vertical -grained leading from the street `togarages or parking at the rear of the property should Rooflines should follow one of the his-'. fir porch flooring. Posts and other accents be `one -lane in width, but can be widened 'toric building styles identified as appropri, may, be wood or other durable material that accepts paint.; Where a spindled rail - toward the back of'fhe lot to . provide access. to multi-slail garages or parking . ale for this district. Ing is used, there must be a top and bol - spaces. Dormers tom rail and the spindles must be can - Dormers must be in proportion to the Aered on the horizontal rails. If the space Parking roofs' overall size Cumulatively, they below -the porch floor and :above the Parking spaces are '.not "permuted" 'should-mterruptthe roof"plane th which grade is greater than241nches,theporch between the: primary structure and the they are located no more Than one third of ' must be skirted with lattice or grilles. -street. Parking should be provided behind the primary` structure` on a lot the length of that roof.measured at the eave. They should be no closer than 3 h3 . the conserva i i riot only; Dimensional lumber may be used, but the , wherever possible:: If parking; must be ' feet to an existing gable end or hip. The gaps between the floorboards should not located along the side of an existing or _„ " new primary structure, it shall be set back face of the dormer should be narrow, rather than wide,' and be composed pri- exceedionerefghlh inch. . , In the"conservation d(stricI only: Poured from the front plane of the building a min- imum; of 10;feet and be 'screened by, a manly of window area. Dormers in new construction 'should have roof pitches concrete floors are permitted within con- 'servation districts provided that the porch decorative fence,. landscaping; or a com- : similar to the pitch of the main roof- = ..' floor is not more than 18 inches above bination o(a decorative fence' and land- grade. scaping,. and: approved by; the Historic Preservation Commission. > Overhangs New construction should include over- In the conservation district only: Porches on rear elevations need: not hangs..appropriate to,lhe historia.'style :reproducehistoric:details. Architectural -Guidelines for New guiding the overall design of the building.' �utbuildinos Windowa/Penestration Baconles b Balconies that protrude from the walls Building Styles:Window placement on the fagade a of buildings without vertical support were New outbuildings, behind contributing primary structures should reflect the style new building should follow patterns established by !contributing structures not common in the Longfellow neighbor - hood, and should not be included on the of the primary "structure:.. New outbulld- within. the district. Window shape and front or sides of buildings. if second -story ings behind : noncontributing . primary placementmust be consistent with other porches are included, they must' be structures should reflect historic outbuild- < elements of the building style of the new placed above first -story porches or first- Ing styles In the neighborhood. structure; Long wall spaces without win-'- floor interior spaces._ dows are inappropriate.. Small decorative Garage Doors- Garage doors should be simple in windows in, attic level of front gable ends are encouraged. Window trim shall Wood Substitutes Substituting a material In place of wood design. Smooth or simple panel -type garage ioors.may be used. Garage door. be between three to four inches in width. Shutters are discouraged. is acceptable only if the substitute mated- atretains.the appearance and function of openings should be trimmed to match In historic districts onlvi Windows must the original wood:' The subsiihite mated - other doors and windows in the building. . be double-hungor fixed -sash with. an at must be durable, accept pant, and be Single -stall garage doors are preferred to appearance and profile similar to those, approved by the Historic Preservation double -stall garage doors. windows original to the district. Window . Commission. design should be appropriate to the build- -/rrhitecturaldefines for New Prima tructures ingstyfe. Siding Horizontal siding like clapboards or Doors cedar shingles are the preferred cladding Building Styles Exterior doors on front or side eleva-' materials for new buildings. Wood prod-.. Architectural style is a defining charac- tions of new single and duplex structures ucts for siding include shakes shingles; teristic for historic and conservation dis- must include half or full lights and /or and painled.horizontal clapboard'.sidin0 tricts: A new primary structure should raised panel construction in keeping with from three to six inches in width. Fibrous s ,` reflect the historic styles of its neighbor- the historic building . style. of .the new cement siding is an acceptable substitute ti. hood. Although new cens:ruction may structure: Sliding patio doors are anchor- for wood siding..' adapt and mix some elements of different - acteristic of any of the; historic styles of Brick was sometimes used in the styles, a single style should dictate the the neighborhood and may be used only College Hill neighborhood and may be an height and mass,- rooflines, fenestration, on year elevations in conservation dis- . acceptable' siding material where historic - and overhangs for the, new building. . tricts: .'- brick buildings. are nearby: -Synthetic refer to the: section entitled In historic districts only: Sliding patio masonry surfaces such asartificial stone ;Please .Architectural Styles' in Iowa, City" for doors may not be used. 'Other more are not acceptable. •' -examples of. historic building styles. in the College Hill Neighborhood, a new appropriate door styles that accommo- date large glass area are available. to =theconservation district only: Synthetic siding may be,used'on,new j ' ! building should reflect Italranate, Colonial i structures and on noncontributing strut- �- • Revival, Queen ' Anne, Vernacular, Porches and, Balconies_ lures: Craftsman, Foursquare, or Eclectic style. Single -story, covered front porches are a key element In the College Hill neigh- 51494 May 28, 2003 $ f ` Building Height and Mass borhood. New single-family and duplex a: = New single-family houses or duplexes structures should include a porch typical •s 2+iN.i��HrLJ.«..iw.:.wu'v....vai{�. .�-..o.�M1�sir� :...: '.0 _......_.✓-� - � - � .....« ._. ..x . �...-..rw�.`..�.. �.v.• __.... 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. 03-4078 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 20th day of May, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on May 28, 2003. Dated at Iowa City, Iowa, this 12th day of June, 2003. Julie paril Deputy City Clerk 410 EAST WASHINGTON STREET • IOWA CITY, IOWA $2240-1826 - (3 19) 356.5000 • FAX (3 19 ) 356-5009 C:) •�OFFICIAL PUBLICATION ORDINANCE NO. 03-0076 AN ORDINANCE CHANGING THE N ZONING DESIGNATION FROM Printers Fee NEIGHBORHOOD CONSERVATION RESIDENTIALFINC-112), To OVERLAY HISTORIC PRESERVATION, CERTIFICATE OF PUBLICATION (OHP/RNC-12), DESIGNATING THE . PROPERTY LOCATED AT 30 SOUTH GOVERNOR STREET STATE OF IOWA, AS AN IOWA CITY HISTORIC JOHNSON COUNTY, SS: WHEREAsLAthe ^Iowa City Historic Preservation THE IOWA CITY PRESS -CITIZEN Commission has tiled with the City a nomination for the designation FED. I® #42-®33®670 of said property as an Iowa City Historic Landmark; and WHEREAS, the Historic Preservation Commission has reviewed and I> evaluated the significance a of the building located on said property. and has determined that it meets Orlene Maher, being duly sworn, say the requirements for designation as an Iowa City Historic Landmark; and that I am the legal clerk of the IOWA WHEREAS, at 2002 the Historic Its public hearing on December 12, Preservation CITY PRESS -CITIZEN, a newspaper Commission nominated the subject property for designation as an published in said county, and that a Iowa City Historic Landmark; and WHEREAS, at its meeting of February 20, 2003. notice, a printed copy of which is the Planning and Zoning Commission recommended approval of hereto attached, was published in the proposed landmark nomination; and WHEREAS, the State Historical said paper �_ time(s), on the Society of Iowa has reviewed said nomi- nation and concurs with the assessment following date(s): of the Historic Preservation Commission that the subject property meets the trite. for ria designation as a historic landmark; and WHEREAS, the designation of the subject property would be consistent with the goals and objectives of the City's Historic Preservation Plan, which is an amendment to the City's Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE Legal Clerk CITY IOWACITY IOWA: SECTION tSubscribed NJ APPROVAL.The follow• and sworn to before me ing described property is hereby desig. Pared a eIowa City Historic Landmark this of �Yl0- pursuantt Title 14, Chapter tLand Control and d Develolo pment, Article C, _day _ A.D. 20. Q� U Historic Preservation Regulations: Governor, Square W 116' of S 100' SECTION II ZONING MAP. The budding Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this Notary Public amendment upon the final passage, approval and publication of this ordinance as provided by law. $ TION fillERTIFICATION AND REC_ ORDINC. Upon passage and - approval of the Ordinance, the City Clerk is hereby authorized and directed to certi- fy a copy of this ordinance and to record the' same at the office of the County �^--+—� RIGS Recorder of Johnson County, Iowa, all as provided bylaw:r•r =,6,11F,RGARET oa Numbor 130150 mission Expires SECTION IVREPEALER, All ordi• .,_.. 20, pppG nances and parts of ordinances in conflict with the provisions of this Ordinance are -, hereby repealed. E Tf B V SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or uncon,y',. stitutional, 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 VI FF TIV DATE, This Ordinance shaft be in effect after its final passage, approval and publication, as provided by law. - Passed and approved this 20th day of May, 2003. /srEmest W. Lehman, Mayor Attest: /s/Julie K. Voparil, Deputy City Clerk 52731 ^ May 28, 2003 I MAN city Of ZPA C 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. 03-4079 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 20th day of May, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on May 28, 2003. Dated at Iowa City, Iowa, this 12th day of June, 2003. Julie aril ` Deputy City Clerk �R-03-40-1� i/' OFFICIAL PUBLICATION ORDINANCE N0.03-4079 AN ORDINANCE CHANGING THE ZONING DESIGNATION FROM NEIGHBORHOOD CONSERVATION RESIDENTIAL, (RNC -20), TO OVERLAY HISTORIC PRESERVATION, (OHP/RNC-20), DESIr-uATING THE PROPERTY LOCATED AT 802 WASHINGTON STREET AS AN IOWA CITY HISTORIC LANDMARK. WHEREAS; the Iowa City Historic Preservation Commission has filed with the City a nomination for the designation of said property as an: Iowa City Historic Landmark; and WHEREAS, the Historic Preservation Commission has reviewed and evaluated the significance of the building located on I said property and has determined that it meals the requirements .for designation as an Iowa City Historic Landmark; and WHEREAS, at its public hearing on December 12, 2002 the Historic Preservation Commission nominated the subject property for designation as an Iowa City Historic Landmark; and i WHEREAS, at its meeting of February 20, 2003, the Planning and Zoning Commission recommended appral of the proposed landmark nomination;ovand WHEREAS, the State Historical Society of Iowa has reviewed said nomi- nation -and concurs- with the assessment of the Historic Preservation Commission that the subject property meets the trite- 1 ria for designation as a historic landmark; and WHEREAS, the designation of the subject property would be consistent withthe I Hlstor cals and Preservation which s objectives of otan amendment to the City's Comprehensive Plan' . NOW THEREFORE BE IT ORDAINED BY THE CATV COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. VAAPPROI . The follow ing described, property is hereby desig- - nated as an Iowa City Historic Lantlmark Control Pursuant Title to andDeve opmentteAArticle C, Historic Preservation Regulations: Original Town of Iowa City S 87.5' of Lot 5 Block 3 & W 20.79' of S 87.5' Lot 6 Block 3 SECTION II ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa city, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance as provided by law. SECTION 111 C RTIFI ATION AND REWEIDIN-CIUpon passage and Clerk s Peteby authoriiz drvall and dir ce ditOft Ordnance, o certi- fy a copy of this ordinance and to record the same. at the office of the County Recorder of Johnson County, Iowa, all as provided by law. SECTION IV REPEALER. All ordi. nances and parts of ordinances in conflict with ti -,e orovisions of this Ordinance are hereby repealed. SECT'IONV cFVFRABILtry p any section, provision or part of the Ordinance shall be adjudged to be invalid or uncon- stitutional, 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 VI EFFE TIVE DAZE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 20th day of May, 2003. /s/Emest W. Lehman, Mayor Attest: /s/Julie K. Voparil, , Deputy City Clerk 52732 May 28, 2003 i q5. �,,ti Printer's Fee $_52 3lP CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED. ID #42-0330670 I, Orlene Maher, 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 I time(s), on the following date(s): Legal Clerk Subscribed and sworn to before me this _day ofMO-LA A.D. 200.9, . Notary Public r?AARETRI SO iscommNumber 130,1 50' My Commission Expires • O to. ZC04 F�r 2E I � adz. Cf i � ppEE•• CFO 1A -V-04 City or c® 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. 03-4080 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 20th day of May, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on May 28, 2003. r= Dated at Iowa City, Iowa, this 12th day of June, 2003. Julie oparil Deputy City Clerk 410 EAST WASH INCTON STREET • IOWA CITY, IOWA 52240-1926 • (3 19) 356-5000 • FAC (319)356.5009 4 s, 1 , j47d'Liz, 1 R;. 20 ® city or '*A 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. 03-4080 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 20th day of May, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on May 28, 2003. Dated at Iowa City, Iowa, this 12th day of June, 2003. k JulieX. oparil Deputy City Clerk 410 EAST WASHINGTON STREET • IOWA CITY. IOWA .12240-1826 • (319) 356.5000 • FAX (319) 356-5009 �1 ..- -P21 ! OFFICIAL PUBLICATION ORDINANCE NO. 03-4000 AN ORDINANCE CHANGING THE ZONING DESIGNATION FROM NEIGHBORHOOD CONSERVATION "RESIDENTIAL, (RNC -20), TO OVERLAY HISTORIC PRESERVATION, (OHP/RNC-20), DESIGNATING THE PROPERTY LOCATED AT 726 IOWA AVENUE AS AN IOWA CITY HISTORIC LANDMARK. WHEREAS, 'the' Iowa: City Historic Preservation Commission has filed with the City a nomination for the designation of said property as an Iowa City Historic Landmark; and. " WHEREAS, the Historic Preservation Commission has reviewed and evaluated the significance of the building located on said property and has determined that it meets the requirements for designation as an Iowa City Historic Landmark; and WHEREAS, at its 'public hearing on December ".12, 2002 the Historic PreservationCommission nominated the subject property for designation as an Iowa City Historic Landmark; and WHEREAS, at its meeting of February ,20 2003, the Planning and Zoning Commission recommended' approval of the proposed landmark nomination; and WHEREAS, the "State Historical Society of Iowa has reviewed said nomi- nation and concurs with the assessment of the Historic Preservation Commission that the subject property meets the crite- ria for designation as a historic landmark; and WHEREAS, the designation of thesub- ject property would be consistent with the goals and objectives of the City's Historic Preservation Plan, which is an amend- ment to the City's Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1, APPROVAL. The follow- ing described property is hereby desig- nated as an Iowa City Historic Landmark pursuant to Title 14, Chapter 4, Land Control and Development, Article C, Historic Preservation Regulations: Original Town of Iowa City E 30' Lot 7 "W 30' Lot 8 Block 19 SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance as provided by law. SECTION III, CERTIFICATION AND CORDING Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certi- fy a copy of this ordinance and to record the same at the office of the County Recorder of Johnson County, Iowa, all 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. SECTIQN V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or uncon- stitutional, 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 VI EFFECT VE DATE. '. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved. this 20th day of May, 2003. /s/Ernest W. Lehman, Mayor Attest: /s/Julie K. Voparil, Deputy City Clerk 52733 May 28, 2003 Cq� .03 ^LE0 Printer's Fee $a�.oW CERTIFICATE OF PUIBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED_ ID #42-0330670 I, Orlene Maher, 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 I time(s), on the following date(s): Mot A 0',,Qoo3 Legal Clerk Subscribed and sworn to before me this _a% day ofj�a A.D. 20 Q3 . U PC, -sem- Notary Public "',�`EGARET RIOSY> gonNmbor 130158 mission Expires�cr�ber 26. 2004 u�eED Ir e.y 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. 03-4082 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 20th day of May, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on May 28, 2003. Dated at Iowa City, Iowa, this 12th day of June, 2003. \1 � V Julie , o aril Deputy City Clerk 410 EAST WASHINGTON STREET • IOWA CITY. IOWA 52240_1826 • (31 9) 356-5000 • FAX (319) 356-5009 Printer's Fee $ / CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUN'T'Y, SS: THE IOWA CITY PRESS -CITIZEN FED. ID #42-0330670 I, Orlene Maher, 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 I time(s), on the following date(s): No, 5� � "DOOR Legal Clerk Subscribed and sworn to before me this —al—day of A.D. 20-r) —A V Notary Public .•�� MARGARFT RIOS W_ �a F Commission Number 13015fl yy My Commission Expires o�'w:`�" October 26, 2004 OF -KATION ARWNANCE NO (03.4062 AN ORDINANCEArAENDING Cii'Y CODE TITLE '14,: ENTITLED CHAPTER 5, ENTITLED' BUILDING 3QND HOUSING ARTICLE E The plan shell be filed with ;the 'ENTRtED HOUStNG'CODE, Tp. Department of `Housing and Inspection C ADD REGULATIONS RENTAL Services for approval' within 10 working days From the date of the notice of;viota- PROPERTIES WHEREON TWO'OR MORE SEPARATE OCCASIONS ;? tion sent to the'cwner or owner's desig- _ .i WITHIN A 12 -MONTH PERIOD OF TIME THE ISSUANCE OF A' nated;agent. , ; Property Management Performance CRIMINAL COMPLAINT,' MUNICIPAL Guarantee: A;;:;cash deposit, 'certified check4 or irrevocable standby letter; of <! INFRACTION, ORA WR17TEN NOTICE OF VIOLATION HAS DCCURRED; credit in the amount of the estimated cost WHEREAS; Resolution01-353 estab• of the. enforcement costs,'to be deter-; mined by the City Managermere ordesignee. ' fished Neighborhood 1 -lousing Relations Task'.Force hereinafter, "Taskforce" 'to ° Title. 74 . entitled Uniform , fulfill the oal of im rovfn g p g peaceful to , Development Code;" .Chapter 5 entitled Building and Housing`. Article Eentitled -' talion In Iowa City, and appointed 11' indi; indl viduaIs representing the i interests of ten- "Housing ' Codes" Section' ;13 entitled "Appeals ants,: landlords, and neighborhoods 10 Board; Vadancesand Appeals," is hereby amended by replacing existing , serve' on the taskforce; and WHEREAS; the taskforce submittetl paragraph Al, ;with the following new - 'I f6 e,w Sad initiatives/report of the task torce:.wlth the City Councfl;on June 27, paragraph At: - �!Appeals'to the Appeal Board may be ' 2002; and, takenby;anypersonaffected:byanydeci- WHEREAS;'the taskfarce 'report rec- Sion of, the Director or designee or.by any . wdperson ttennotice:Any person. wishing to seek ommends that the City develop a process to identify and address properties that are a variance to the Housing Code may peti- subject to, numerous or ;serious_ com- .lion the AppealsBoard forrelief. 3:;- Title' -14,'.- entitled -"Uniform plaints, including a method for identifying suchpropedies.; establishing a processao. Development Code," Chapter 5 entitled ' work wish the owners of, such properies; and. standards for: meeting compliance; "Building and -Housing," Article• E entitled �. "Housing Code;': Section 13r entitled and `'. Appeals Board; Variances and Appeals. WHEREAS, rental .properties with is hereby amended by. revising paragraph ' A2 by adding the words "a decision or 1 chronic code violations have, a negative' impact'on the quality of life, safety, and ;in first sentence after the word "modifies". ` I health. of neighborhoods where they are q,:Title 14; .entitled:_ Uniform Development Code," Chapter 5 entitled 1 located; and WHEREAS, !rental properties with .:"Buflding and Housing "Article E,"'entitled . "Housing i chronic code violations create a negative' . Code," Section, .16 entitled °Certificate of Stricture Compliance and. impact upon City, services'bynumerous calls for service from various City depart- Rental Permit"Section-C'entitled"Rental•' merits, and Permit? Paragraph 1 entitled "Scope of Permit;" is.hereby amended by adding the WHEREAS, there is"currently no pro- cedure by which.the City can require a following. sentence to Paragraph 1: ' The rental permit shall also state the {ental; Property, owner, manager,. tenant, ;.-maximum occupancy and; the telephone,' or other relevant parties to respond to and resolve chronic code violations; and ^ ` ' .number for the, property owner or des!g- WHEREAS, it is declared'lo be the noted agent.,,>- .-. purpose and intent to protect and pre - 5. Title 14,:entitled.' "Uniform•.' Development. Code,' Chapter. 5 entitled serve. the City's neighborhoods and the public health, safety, and welfare of those Building and Housing," Article E entitled + who live therein; 'and :"Housing Cade," Section 16 entitled' "Certificate of Structure Compliance and WHEREAS, it is in the public interest to adopt this amendment. Rental Permit". Section:C entitled "Rental,; -5 Permit" Paragraph entitled "Revocation" . NOW, THEREFORE,i BE IT 17 of Permit" is hereby -repealed 'inits entire - ty and replaced with a new Paragraph 5: . ORDAINED BY THE CIT' COUNCIL THE CITY OF IOWA CITY, IOWA: entitled "Required Procedures Prior ' SECTION I: AMENDMENTS. 1. Title- Commenceas foil �- of Retrial 'Permit:; it Sanctions,^ follows:' � I , entitled "UniformDevelo Development Code, . p Chapter 5 .entitled ' "Building:. -and re 5. !;Requited Procedures': Prlor to^ Commencement ` Housing," Article E entitled Housing of •. Rental Permit - Sanctions Code,?'Section 3 entitled.,"Definition" is hereby amended by adding the following Following s violation 1hat;serJes as a basis:for.rentat.penmit•sancfions, new definitions as follows- written''' nonce shall be given by lhe_City to the Code Compliance • Settlement Agreement; A written agreement'that owner or oavner s. designated agent of the.':' premises al which the code isolation shall include c I windt,of specific actions'and specific scheduledeadlines. for' occurred The notice is to be sent by reg - .of actions actions to abate the current violation and; ularinail Following a second violation Jlat serves I avoid further cod e'violahoris..11may also) In clude provisions for periodic reassess- as a !iasis for rental permit- sanctions merit:.of the agreement or:any written within a twelve (month period', the City , r 1 0 I �•'c:anY '�.& �.� 5,c''-'„�,,,,. „'.tl+w' `. „�`rc'.;. -1' s�� i$'� �; � i'aa. i �}�.,�t i (1) The desired outcome of the code new Paragraph.? entitled "Rental Permit (indecent exposure) compliance selfemert meeting will be to Sanctions," as follows: obtain a 'code "Housing Code," Section 16 entitled compliance settlement 7. Rental Permit Sanctions: (b) The owner, any occupant, and/or "Certificate of Structure Compliance and agreement in which relevant parties,ons any of their guests on tied to hree or more sep- Rental Permit,- Section C entitled 'Rental in including the owner owneroindividual adwell a owner's, designat- an or (s), agree to take rental dwelling, or the n a period of 12. Permit" is hereby amended by adding a agent and the ngmunibetheplentire montharate s have been iscasions sued municipal cita-. new Paragraph 10 entitled - Bases for corrective action to abate and 9 premises. Each tions or written notices ' avoid fur. cher code violations.. The., owner, Of violations for the Revocation of a Rental Permit,". as fol- separate violation shall count a basis following provisions Of the City Code- of lows: for a rental permit sanction unless the Iowa Cit agent,(2) owner's designated owner qualifies for a defense to enforce- and/or tenant is of violation of this ment under subsection 6. The following provision Provision on the roe y Premises o! a rental property. Code 70. Bases for Revocation of Rental Permit; un Title 14, Chapter 5 (Building The Director may revoke a rental permit under the following circum- sanctions may be imposed upon a rental & Housing) stances: Does not attend a code compliance set- Clement meeting. Permit. (a) Reduced term. rental Permit (one- City Code Title 14, Chapter 6 R (Zoning) City Code Title for any of the following reasons:' (a) Failure to comply with an order to Fails or refuses to sign a code eom Ii• ance settlement agreement ' within li year rental permit); R ) (c) Suspensionoffrrental pemith, and 6,- Chapter 1 pier (Nuisances) City.Code Tile 6, Chapter 3 (Weed abate a dangerous building; (b) Failure to comply with an emergency hours of receiving Citg the propos agree. mens from the. City. P g Revocation permit' 8. Title 14 entitled .Uniform Control) City Code Title 6, Chapter 9 (Graffiti) . order or placarding of a structure; (c) Failure to comply with suspension of Subsequently fails or refuses to comply with any conditions or requirements set r 5'entitled -Building' and Housing," ment Article E entitled "Housing 'one-yearurental permit (required it will be a to rental permits (d) More than one basis for rental permit forth in a code compliance settlement agreement. Code," Section 16 'entitled "Certificate of Structure Compliance and be renewed annually. This sanction shall be in effect for a period or not less than four suspension within two years of the rein - stated permit previously having been sus - (3) Violation of this provision'authoriz- as the City to impose Rental Permit sant- Rental Permit," Section C entitled "Rental Permit," is hereby amended by adding a new Paragraph years and annual licensing inspections and fees are required. The Director may pended; The or owner's tions: The City to its determination may consider, the following 8 entitled "Bases for - Reduced -Term Rental Permit," as follows:; require any of the following g with the issuance of a reduced -term rental agent convictedrfor making false state. ments on a rental permit application, dos:withouflimilation, factors: Level of cooperation of the parties in 0. The Director. may, issue a reduced-` term rental permit with conditions for any permit: compliance. with Iowa Code and/or City codes; submittal of a copy of the and/or'- Informational Disclosure and : '. Acknowledgement form. attempting to resolve issues. Levet of disturbance associated with of the following reasons: (a) The owner, any occupant, end/or any of current lease agreement; , -fees; payment of all court costs and I of lfi A rental permit shall be revoked for not less than oecious the violations. Impact of violations upon neighbors their guests on two or more separate occasions within a 12 -month period of es execution of a property management action plan; provision of a date of the Didecision or court ruling on a municipal infraction. or other victims, Degree to which parties_have taken time have been issued criminal com- plaints for violations of the followin property. man- .agement performance guarantee; and -. other 11. Title 14 - entitled "Uniform .' Development Code," Chapter 5 entitled "Building reasonable steps to try and resolve prob-: lems. sions of the Iowa Code, City Code or U S. Code on the premises of a rental proper- ty. pessary for enforcement cemenation teofiianyprdeems neon y provision of the Iowa Code or Cit Code.. Y and. Housing" Article E entitled :. "Housing Code," Section 16 entitled "Certificate History of City and Slate code violations. 6. Title 14 entitled "Uniform Iowa Code Chapter 124, Sections 401 14 entitled "Uniform Development t Code," Chapter 5 s tled of Structure Compliance and9. entitled Development Code," Chapter 5 .entitled "Building and Housing," Article E entitled and 403 (controlled substance) Iowa Code Chapter 708, Sections 708.1. ee "Building and Housing," Article E entitled "Housing Code," Section 16 Permit," s hereby amended by adding a new Paragraphs 11 entitled "Reinstatement "Housing Code," Section 16 entitled "Certificate of Structure Compliance and (assaull), 708.3 (assault while par.. 7cipaling in a felony), 708.4 (willful Injury), . 708.6 entitled "Certificate of Structure Compliance and Rental Permit," Section C entitled "Rental of a Rental Permit," as follows: Rental Permit," Section C entitled "Rental Permit," is hereby amended. by adding a (terrorism), 708.11 (stalking) Iowa Code Chapter 724, Sections 724.3 Permit," is hereby amended by addinga new Paragraph 9 entitled "Bases for 11. Reinstatement Rental Permit: (a)SuspendedPermit:Asuspendedper- new Paragraph 6 entitled "Defenses to an - of the Provisions Enforcement Actias (unauthorized possession of offen- sive- weapons), 724.16A (trafficking. in Suspension of a .Rental Permit." as fol- - lows: mit shall be reinstated uPon completion of 'I the suspension period and execution of a of this Section," as follows: 6. Defenses to an Action stolen weapons), 724.30 (reckless use of a firearm) 9.Bases for .Suspension of Rental Permit: p(b) Revoked gems action appclarion fora of the Provisions of This Section: f this Section: It shall be a defense to enforcement Iowa Code Chapter 123, Sections 123.46 (consumption or intoxication in Director may suspend a rental per mit for any of the following reasons: new permit may be made after one year from the. date revocation was effective. o the provisions of this action pursuant owner section if an owner orowner's designated. public places), 123.47 (possession of . alcohol under legal age) (a) Failure to Comply with the conditions of the reduced -term rental - The application shall be processed in the same manner as an initial rental permit agent has: - Reported the violation to law enforce- Iowa Code Chapter 716, Sections 716.3 (criminal mischief in the. first permit. A th a rt deci- slog oncoming the violation application, and requires execution of a i property management action plan.' marl, Evicted or attempted to evict bynom- degree), 716.4 (criminal mischief n the second degree), 716.5 (criminal mischief in of an sion of Section 14-5E-19. y pr°w court ttrdesig (c) Transfer of ownership does not mod- ify. or alter any sanction imposed unless ml legal and pursuing with due diligence all legal remedies to evict those tenants the third degree), 716.6 (criminal mis- -chief in the fourth degree), 716.6A (crimi= owner, ted agents hatter sons acting on behalf of the owner has: tarps an arms-lengthCit h r rumness t between - charged with one of the specified viola- nal mischief in violation of individual rights), 716.7 (trespass). a) violated the maximum occupancy disinterested parties as determined by the City. - tions. It is not the intention h this. a ovi-not sion to apply to tenants who have not. Iowa Code Chapter 719, Section . 719.1 (interference with official acts) ns of the City setl o�rallowed the it eget u e of nolnhab ---t_� All ordl- nanc�es and parts of ordinances in been charged with one of the specified violations, Iowa Code Chapter 723, Sections 723.1 (riot), conduct) flable or nonoccupiable space; or c) ilie• gally converted space to habitable use. conflict with the provisions of this Ordinance are hereby repealed. Undertaken and Pursued with due dill- Bence, reasonable means to avoid a . ode Title 13, U.S. Code, Sections 841, 842, '843, 844, 1346, 856, and 861 (controlled (d) Failure to comply with an order to abate a dangerous building_ -- SECTION it �r-vFanau rry n. sachem, provision or pail of the Ordinance r ai premises by the present and. futureten• - - City Code Title 4, Chapter 5, Section 3 (e) Failure to comply with any emer- .g Additionalrviola by shall adjudged to Invalid or unto ants or occupants of the premises, or Executed a property management action - (consumption of alcohol in a public place) City Code Title 4, Chapter 5, Section 4 (f) ones the tenants or owner of the Iowa Code,City Code, or Code 'affect he validity of tl ercOrd nancellasnot a whole or an section; any plan. The defenses set forth in this section (possession of alcohol under the legal age) g ) .U.S. occur within one year of the conditions imposed pursuant to the thereof not invalid or u consti! ' tuitional. ! shall not be available to an y person who fails to attend a code compliance settle- City Code Chapter 4,(Noise Control) City Code Title 8, Chapter 5, Section 1 reduced -term rental permit. A rental Permit shall be suspended for no TI N IV EFF PATE. This O ance shall be in effect �( ment meeting. 7. Title 14 entitled "Uniform (disorderly conduct Cit Code Title 8, Cha ter 5, Section more than 180. days beginning from. the f the after its final -passage, approval and publication, as i F Development Code," Chapter 5 entitled "Building and Housing," Article E entitled - "Housing 3C (obstructing an officer P City Code Title 8, Chapter 5, Section rulingdate g aDmunicipaldecision nfract infraction no later than at h pas ed and May, 2003. approved this 20th day of �- Code," Section 16 entitled "Certificate of Structure Compliance and 4 (damaging or defacing property) - City Code Title 8, Chapters aemoa moron elment period unless property - g pia10. executed. /s Emest W. Lehman, Rental Permit," Section C entitled "Hela1 Permit," is herebyamended b addinga Section 5 (disorderly house) City Code Title 8, Chapter 5, Section 6 Tiitle14 - entitled "Uniform Development Code," Chapter 5 entitled "Building Attest: Is/JulMayor ie K Voparil, Deputy City Clerk -, and Housing," Article E entitled ... 52734 May 28. 2003 I �•'c:anY '�.& �.� 5,c''-'„�,,,,. „'.tl+w' `. „�`rc'.;. -1' s�� i$'� �; � i'aa. i �}�.,�t i 11 ® city ®f 4AP �® Y 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. 03-4083 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 10th day of June, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on June 18, 2003. 3 Dated at Iowa City, Iowa, this 21 st day of July, 2003. Ju i oparil Deputy City Clerk 410 EAST WASHINGTON STREET • IOWA CITY. IOWA $2240-1826 • (319) 356-5000 • FAX (319) 356.5009 Printer's Fee $_-_2/ _-u CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FE®- Iia #42-0330670 1, er=:cr, 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): x. — CA.- - 1 Ss F�-vd 3 `/ Legal Clerk Subscribed and sworn to before me this day of 92A,,. Q A.D. 20 Notary Public District and the'Moffftt•Cotta Cottage, 9 Historic Preservation Overlay Beginning at the northwest corner jf.l zones; zones; and - WHEREAS, the Longfellow. Historic lot, 22, :in, Kauffman's`Additioome.r a" cit, Iowa, Section. District and the Moffitt Cottage Historic. District are contiguous; and MARGARET RIOS� ,'. WHEREAS; at its October.24, 2002 :'' Commission Number 130150 1 OFFICIAL PUBLICATION r My Commission Expires ow:. October 76, 2004 .tober 26. 20 k the northwest; comer' of: Oakes' First : Addition- Thence easterly 360.feet to LONGFELLOW HISTORIC DISTRICT.' AND THE MOFFITT COTTAGE ' ' 0f e t the northeast comer of t easterly F1rst Addition; Thence eassterly 20 feet . HISTORIC DISTRICT INTO ONE .= HISTORIC DISTRICT NAMED THE to a Point, the east line of the alley betweenBurlington. and: -Court LONGFELLOW HISTORIC DISTRICT. Streets; .Thence northerly 7 feet to a Point on the eastern boundary: i of -the 20' foot :alley west of , h luscatine Avenue ':'" between - District and the'Moffftt•Cotta Cottage, 9 Historic Preservation Overlay Beginning at the northwest corner jf.l zones; zones; and - WHEREAS, the Longfellow. Historic lot, 22, :in, Kauffman's`Additioome.r a" cit, Iowa, Section. District and the Moffitt Cottage Historic. District are contiguous; and 1t, Township: 79 North, RangeWest;' ,'. WHEREAS; at its October.24, 2002 .6 Thence easterly 214.23feet to -the : 1 OFFICIAL PUBLICATION r northeast corner of lot 21,' KauHman's' Addition; Thence easterly- 15'feet'to ORDINANCE NO. 03 4083 AN ORDINANCE E COMBINING THE :: the northwest; comer' of: Oakes' First : Addition- Thence easterly 360.feet to LONGFELLOW HISTORIC DISTRICT.' AND THE MOFFITT COTTAGE ' ' 0f e t the northeast comer of t easterly F1rst Addition; Thence eassterly 20 feet . HISTORIC DISTRICT INTO ONE .= HISTORIC DISTRICT NAMED THE to a Point, the east line of the alley betweenBurlington. and: -Court LONGFELLOW HISTORIC DISTRICT. Streets; .Thence northerly 7 feet to a Point on the eastern boundary: WHEREAS, the Iowa Ci CI Council City tY of -the 20' foot :alley west of , h luscatine Avenue ':'" between - has designated the Longfellow, Historic' Court:: - and Burlin t District and the'Moffftt•Cotta Cottage, 9 Historic Preservation Overlay Son Streels ;:T 92c2:feet and'southe zones; zones; and - WHEREAS, the Longfellow. Historic the northwest comer, Subdlvlsfon; Thence a District and the Moffitt Cottage Historic. District are contiguous; and to the :' western , R: &4-, ne_Avern . R ,'. WHEREAS; at its October.24, 2002 eastcaVnerly rossTdusc: the southwest public, hearing, the Historic Preservation. Commission recommended : that Mott's(SutxiivtsiOmerc Subdivisionf I :the: boundaries- of the Longfellow Historic District and 7o tori Thence nordieasterly and Moffitt rCoRage .Historic' District ba amended to combine them into most corner of said'.I one historic district named the Longfellow: Historic`Distnct'and southeasterly to ;lice: so uthearner f Lot, t of sal WHEREAS„ at'its February 20. 2003 , 'Subdivision.-, Thance'''s point on the centerpne meeting, the Planning and Zoning' Commission -recommended :approval of Avenueoion th t entintereech ;. said 'proposed . amendment, and. the eastem.boi{noary line c 3 of Rundell AdylineT amended . Longfellow Neighborhood`; District Guidelines* and easterly to Pofotwhen WHERCAS 'the State'_ Historical Socfery`of to has reviewed the line Intersects with the p terline rsgct 20 foot a pro-; posed nomination and concurs with the recommendations `contained Rundell ' and Desrtic Thence southerly along l I :within the historic district report for this amendment. = of aid alley Wei along 'intersects i poijth N01N,` .JHEREFORE, : IBE IT:; ORDAINED BY THE CITY COUNCIL OF line ah boundary linuth bougects. line of to li of to THE CITY OF IOWA CITY. IOWA- SECTION APPROyat Rundell a hi westerly to the centerlir I: Thar Longfellow Historic Distdct and the Moffitt Cottage coot alley,'ibetween' R Dearbom Streets Ifre s Historic 6fstdct are !iereby com-' bined into one historic districtnamed the: et of Sheridan Avenue; The ly 'along' centerline Longfellow Historic District, which Is legal-, ly,', desoribedI 8s follows; the:' ,of. s alley to;where said:cenl .and Longfellow, Neighbofiood"<' District;, Guidelines, which are attached hereto'. sects with;the_.eastwan south'boundaryline:of;lo and incorporated herein by this reference l Rundell Addition, -Thonc 933 feet to -the southwe, are he a Y PProved: ., saidlot 2;;Thence niirt6. t2 of t y 14 1 v Rundell Addition; Continuing westerly '8 feet to thecenterline of. the 16 foot alley; running along , the western boundary of the: properties fronting the West -sideof",Rundeff_Street; �..Thencesoutherlyr75,feet along: the "centerline of said alley; Thence west- ? erly.to the southwest corner of. lot 1,:' block, 6,; Rundell Addition; Thence" northwesterly: along the, west bound • ary of said lot 1 to the .centerline of'. Sheridan': Avenue; -Thence. westerly' along the. centorlinesof Sheridan Avenue to a 'point 148 feet east of. where said centerline intersects with I the projected east boundary. line of lot' 1, 17, block' 2,:Reagan's ' Second ' Addition; Thence' southerly to they; south:' kbm line,; :of . Sheridan Avenue; Continuing soulherly.9l:feet; Thence westerly 98 feet to a point on the east • R.O.W. line of, Maggard StreetJ hence westerly 25 feet to the cenlerline:of.Maggard Street; Thence northerly to a point where said can terline intersects ;with the' projected �south boundary.tine of lot 17, block 2, { Reagan's`Second` Addition: Thence' westerly 25 feet to the southeast cor- ner of lot 17, block,. 2;. Reagan's Second Addition! -hence westerly 236:1' feetto the southwest comer of lot 1,'block,;2, Reagan's Second Addition; Thence westerly' 30 feet to ''the'centerline of, Roosevelt Street; Thence: southody 60; feet to a point <4here said centerline intersects with '.i the'projected,southboundary fine: of. lot 2, block 1; Reagan's Second :; Addition; Thence westerly, 30 feet to the southeast comer of lot .2,:block 1 " of Reagan's Second Addition; Thence. westerly 140, feet to the southwest corner of said lot' 2; Thence westerly 10 feet to'the centerline of the alley' between Roosevelt Street and Clark Street; Thence' northerly to a.. point. where said: centerline 'Intersects with'i ..the. projected south boundary line of lot 1, block 3, Reagan's First Addition; Thence westerly 10 feet to the south- east comer of lot. 1 block 3 of Reagan's First, Addition; Thence_, westerly 60' feet''afong the south boundary- of said lot .,1; Thence northerly 220 feet to -a point on the north boundary of lot 5, block 2 of Reagan's First Addition; thence east - arty 60 feet to the northeast corner of said lot 5; Continuing easterly 10 feet to, the centerline of the ;alley just east of Clark Street, between Sheridan Avenue and Seymour Avenue; Thence northerly 500 teat to the south boundary.line of lot 14 of:', Coldren's:'Addition;' Thence easterly', 12 feet to the southeast comer of said j , lot 14; Thence, northerly. 156 feet to l. the: -northeast :corner of. lot .15 of Coldren's';Addition; :Thence easterly. 61 feet to:a point on the west bound ary of ;the property belonging :3o >i -Longfellow: Schooh,.Thence,northerly.: s'. to the, northeast carrier of ;lot of Oakes - Second Addition; ' Thance westerly :235 1 feet to the northwest', comer of said tot;Thence westerly 30; feet to,the centerline of Clark' Street; -; Thence northerly 9.83 feet along said centerline; Thence westerly 139.17 feet; Thence northerly 168.26 feet to the centerline of Court Street; Thence easterly 23.44 feet along said center- line',Thence northerly 30 feet to Ithe"r southeast l• comer of lot 23., of Kauffman's-Addition; Thence norther- ly 162:2 ortherly,162:2 feet to a point an the western:;, boundary of the vacated alley: east of ." Sumrait:Stieat'between Court Street and Burlington Street;'in Kauffman's 'Addilion;.Thence:easterly 15 feet to: aha point of beginning. SrCTION'<jI.--ZONING,MAP.•The,; Building; inspector Is,hereby, authorized 'sand directed to change the zoning map of lhe.City of Iowa City, Iowa, to conform to ,this amendment upon the final passage,: f `approval and publication of this ordinance as provided bylaw. :$ ECTTIF III- CERTIFICATIONWAND ,RECORDING: Upon ,.,passage -,:and' - approval of the Ordinance, the City Clerk Is hereby authorized and;directed:to certi- fy a copy of this -ordinance and to record the. same: at'.. the office': of .the ;: County:'... Recorder of Johnson County; Iowa, all as - provided by law. "ordi- SECTION` IV. • REPEALI=R. All nances and parts of ordinances in conflict with the provisions;ofthis Ordinance are hereby repealed .SECTION' V SEVERABILITY.. It. any section, provision or part of, the Ordinance "shall be adjudged to be.invalid orruncon-:.' stitutionaf,, such ;adjudication `shall:, not affect the, validity of the Ordinance as a'` -'whole �or',any.`section,'.provislon_ or, part., :thereof; notadjudgedInvalid or unconsti-, tulionai. s. "`SECTION N) EFFECTIVE DATEFThis Ordinance shall be in effect after Its' final .k passage, approval and °publication; as provided bylaw 'r Passed and approved this 10th day of June 2003. AfErne t W.Lehman; Mayor i Attest--/slMarian K Karr Ciry, Clerk 52755 _-- June -18,2003 t I i __ 4k, '*®ems City or WA i C 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. 03-4084 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 10th day of June, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on June 18, 2003. 5 ,T Dated at Iowa City, Iowa, this 21st day of July, 2003. Juli 0-W Voparil - Deputy City Clerk I i t � ,1 I i i 410 EAST WASIIINCTON STREET • IOWA CITY. IOWA 52 240- 1 82 6(319) • 356 5000 • - FAX (719) 356-5009 fI tic - C v3—yo��` OFFICIAL PUBLICATION ORDINA AN ORDINANCE VACATING THE NORTHERNMOST 60 FEET OF THE DEAD-END ALLEY ALONG THE WEST PROPERTY LINE OF 40 SOUTH SUMMIT STREET If tWHEREAS, btbetween South Governor rt o T. fnor Street and South Summit Street, adjacent I to the west properly line of 405 South Summit Street is not used for pedestrian or vehicular traffic circulation; and WHEREAS, there are no utilities in the right-of-way proposed to be vacated; and WHEvacated Rdoes not pthe aovide access to0 be any andes not breing uivewased bvs or ds, isy he geartiallneral pub- I tic. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF T SECTION I. VAC TIION. Suuti ct to the disposition and conveyance of the right- of-way being approved concurrent with approval of the vacation, the City of Iowa `AA# City hereby vacates the right-of-way legally described as follows: THE SOUTH 60 FEET OF THE NORTH LEY IN BLOCK HIiLLUS pi ALt SECOND ADDITION, IOWA IOWA, ACCORDING TO HE PLg7 f'i THEREOF, RECORDED IN DEED BOOK 28 AT PAGE 293 IN THE qt RECORDS OF THE JOHNSON ; COUNTY RECORDER, CONTAIN- ING 1,200 SQUARE FEET AND SUB- JECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION IL REPEALERordinancesIt nan es and parts of 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 uncon- stitutional, such adjudication shall not affect the validity of the Ordinance as a hor e eof notawhole or djudgednin arlidiorou constit tutional. SECTION Ordinance shall be nEFFEel elVE ft This effect after its final t passage, approval and publication, as Provided by law. Passed and approved this 10th day of June, 2003. /s/Ernest W Lehman,3 Attest: Is Mayor Ka Karr,�te City Clerk 52756 June 18, 2003 }� Printer's Fee $ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED. ID #42-0330670 I, being duly sworn, say that I am the legal cleric 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): lB X03 Subscribed and sworn tLegal C o before me this ib�day of_ 9Z4�2 n,, A.D. 20 CJ Notary Public I i RIOg mbor tl i oy; Y Commission 13015 Octcbar 26. ?Onf,iretc f � . 19 El STATE OF IOWA )SS JOHNSON COUNTY ) I, Julie K. Voparii, 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. 03-4085 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 10th day of June, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on June 18, 2003. Dated at Iowa City, Iowa, this 21 st day of July, 2003. 'O Ju . Voparil Deputy City Clerk 410 EAST WASH INCTON STREET • IOWA CITY. IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356.5009 1 `1 "OFFICIAL PUBLICATION ORpINANCE NO. D3-4085 ORDINANCE. REPEALING ` CHAPTER 7, "SMOKING 1N FOOD ESTABLISHMENTS", OF TITLE 6, "PUBLIC HEALTH", OFTHE CITY CODE. - WHEREAS, as -a result of: theIowa Supreme; Court's decision -in' James _ at rbrisg5. Ing. vs City of Ame% Issued ` onMay.!7; 2003, Iowa, City's. ordinance prohibiting.smoking in coriain food estali- fishments is inconsistent with State law and unenforceable- — NOW THEREFORE, -BE -IT ORDAINED BY THE CITY COUNCIL OF inc cn 'OF IOWA Ci T Y, IOWA: ` $ECTIONI AMENOMENT:.Chapter 7, "Smoking in Food Establishments",'.of Title 6,"Public Health", of the City Code is hereby repealed. "SECTION II REPEALER. AII'ordi- nances and parts of ordinances in conflict withihe provisions of this Ordinance are hereby repealed..:. ;; 1 Nell. SEVERABILITY. If any section, provision''. or part of the Ordinance' shall be adjudged to be invalid or: unconstitutional, such adjudication hall not affect thevalidity of the , Ordinance.as a whole or any section, pro- vision or part thereof not adjudged invalid or unconstitutional. SECTION, IV_EFFECTIVE BATE. This Ordinance. shall be in effect after its final passage., approval and publication, as provided by law. Passed and approved this 101hday of June; 2003. - I - Mayor — Attest: /s/Marian K. Karr, City Clerk 52757 June 18. 2003 Printer's Fee $ 1 -/-Q CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FE®. ID #420330670 I, dene Maher, 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 I time(s), on the following date(s): Legal Clerk Subscribed and sworn to before me this -1 9 day of A.D. 20 03—. v Notary Public MARGARET RI05 •` Commission Number 130158 My Commission Expires October 26, 2004 STATE OF IOWA ) ) SS 5 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. 03-4086 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 23rd day of June, 2003, all as the same appears of record in my office and published in -14 the Iowa City Press -Citizen on June 27, 2003. Dated at Iowa City, Iowa, this 21 st day of July, 2003. i e�� Julie KCtbpanl Deputy City Clerk Printer's Fee $_ CER'T'IFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FE®. IID #42-0330670 I, Linda Krotz, 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 Clerk Subscribed and sworn to before me this �day of A.D. 2061-3 Notary Public i x MARGARET RIOS y, F C Orris nission Number 13015a MyCommission Exires cw;_ �^ to6nr .2004 I OFFICIAL PUBLICATION - ORDINANCE NO. 03-4086 - ORDINANCE AMENDING TITLE 3,,; CITI' FINANCES, TAXATION AND FEES," CHAPTER 4; `'SCHEDULE OF FEES, RATES, CHARGES' BONDS;';; FINES AND PENALTIES" OF THE i CITY CODE TO INCREASE THE FINE i. FOR PARKING TICKETS, INCREASE (� MONTHLY PARKING PERMIT FEES, AND CHANGING THE.' PARKING TICKET ESCALATION. NOW,':' THEREFORE,. BE IT ORDAINED BYTHE CITY COUNCIL OF s THE CITY OF IOWA CITY, IOWA SFCt710N i. ;Section 7; Title 3, Chapter , 4, Subsection 7, Parking' Violations of the Iowa City Code of,li ll Ordinances should `be and is 'herapy= amended by repealing Section 84-7, and`;. enacting In lieu thereof a new Subsection 3 4-7 to be codified and to read. as fol- lowsi ' , .1 Description Of Fee; Charge, bond Fine Or Penalty Amount of Fee,,,,. +( Charge, Bond; Fine or Penalty Parking ramps: ' Hourly parker (Tower +Place), per hour'$0.60 :. Hourly: Parker. (Ramp A), per houc0.60 Hourly parker. (Ramp B); per hour 0.60 Hourly parker (Chauncey Swan), "per hour, 0.50' Monthly `all, day permits (RampA and' Tower Place), per month 70.00 Monthly All day permits ;:reserved space (Tower: Place), per month 75.00 Monthly all day' permits reserved; space,;', (annual advance payment -.Tower Place) 855:00;; Monthly all day permits (annual advance; payment Ramp A and Tower Place) per. .year798.00 Monthiy.,all day permits- (annual advance payment,- Ramp B), per; year 684.00 Ramp :Ais the Capitol Street parking' ramp while, Romp ;B.7s the Dubuque Street parking ramp. Reissue of ramp; monthly permit exit card,: each',reissue . 25.00 Reissue of all other permits, each, reissue 2.00 Penalties for, parking: viola- tions: Overtime parking 5.00 , Expired' meter 5.00 Prohibited zone 10.00 Illegal parking..- handicappedparking: space, 100.00. I i 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. 03-4087 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 24 day of June, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on July 2, 2003. Dated at Iowa City, Iowa, this 18th day of August, 2003. 'O Julie oparil Deputy City Clerk . . I 310 EAST WASHINGTON STREET • IOWA CITY, IOWA .12240-111, • )319) 356-5000 • FAX (319) 356-5009 S IS MIMMA 10 A 1 W' Printer's Fe¢ $ q 3 ' b (,- CERTIFICATE -PCER I'IFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED. ID #42-0330670 I, L n Av_ " -fz- 04efe-M-aI3er, 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): �aoa3 Legal Clerk Subscribed and swom to before me this I L -El- day of c) if 1^u A.D. 20�. Notary Public �,r r.�I ORLENE MAHER Commission Number 715648 My Commission Expires owe April 2, 2005 s ur.aingre,rarruynous-.;( es'Row0ouses Townhousesand.Small Apartment' Buildings and to'amend the language -m the: Peninsula Development Code. mi ssi n the !Planning and Zoning Commission .has 'reviewed : the revised - Peninsula Neighborhood%:Code',and4i Regulating Plan:; and ;,,. Planned Development Housing Overlay Plan'and has recommended approval NOW THEREFORE BE ITORDAINED .� BY THE CITY. COUNCILOR -THE CITY• 1 - OF IOWA CITY, toINA - SE WA. APPROVA , The revised rhInned;Development Housing;.Overiay Continuedon next Wig e Continued trom`previous page Plan is:hereby'adoptedior,the property'" described below, That part of Auditor's Parcel, No. 95080 and all, of. Auditor's' Parcel No 97099,, i Iowa.: City, Johnson .:County . Iowa; described as follows. Commencing as a pointof, reference at the South_ quarter- corner of Section 4,'Township 79.North Range 6 -"West of;•the Sth RM.;, thence> North1°39'04' West 1317.54:fee1 along the East line of the Southwest Quarter of said Section 4 (assumed bearing for this . description only); thence South'89 4351 West. 563.04. feel along the Southline of f rr Government Lot 5 of said Section 4 to a } Northeasterlycomer of said, Auditor's _f Parcel No.'97099 and the'point.of begin- s ning, thence South 016'09" East 159.36 feet along an "Easterly line' of said Auditor's Parcel No. 97099; thence South . 45 57'40 West' 191.63 feet along a s Southeasterly"line of said Auditor's'Parcel No. 97099; thence South 85°5255" West 170.28 feet along a.Southeasterly line of said Auditor's Parcel No:;97099; thence South -42°17'1 o"West 607,44 feet along a: Southeasterly line of said Auditor's Parcel No: 97099; thence South 81142'52" West::.; 978 .5'feel along a' Southeasterly line of said Auditor's Parcel No. 97099 thence' North 49°44 00" West 704.00 feet; thence North 15°34'30" West 615.50 feet; thence i North 1°1.400" West 372 5B feet; Thence j North 851 VW East 329 35, feet to a point r of intersection with the' Easterly bank of :j the Iowa'River and a Westerly line of said Auditor's'Parcel No.95080; thence North 57°04'00"- East .:772 76 -'.along Northwesterly line of said Auditors Parcel No. 95080; thence:South 65:32'14 East.',I 972.25 feet along ;allortheasterly line of .;t said 'Aoditors'ParceI No.,95080 thence North.76'18'18" East 468i471ee1 along a,,. ,-- Northerly line ofsaid Audifor'sPaicel No. '. i 95080; :whence South 1939'04 East,: - 981.65 feet along nn Easleriy line of said j Auditor's, Parcel No 95080,:and an Y ;` Easterly;line of said:Auditor's,Parcei No. ,: � '- 97099;- Thence North 89°43'51 East 'i 330 M feet along a'Northedy line of said Auditor's ParceiNo.:97099 to die point of,, beginning ;and icontaining an area of 814 '; BcreS'more r yv 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. 03-4088 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 24th day of June, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on July 2, 2003. Dated at Iowa City, Iowa, this 18th day of August, 2003. \\ Julie K�lVgparil Deputy City Clerk 1 410 EAST WASHINGTON STREET IOWA CITY. IOWA 52240-1826 (319) 356-5000 • FAX (319) 356-5009 i i }v� 1. k OFFICIAL PUBLICATION (thence S 87°37.37 E 211,80 c r l j feel(recorded 214 5 feet) along the exist Printer's Few $rJ w • o� t� OROINANC� NO 03 4088 + mg ,fence Ifne-to a 518 rebar with ,cap AN 'ORDINANCE t•; REZONING n 8 91 i #8295 set nextto the zisUn comer os ACRES 'FROM MEDIUM DENSITY StN I g p thence S 88 43'44 E--:6 04:60 x GLE FAMILY (RS 6) TO SENSITIVE ' -AREAS ,OVERLAY MEDIUM DENSITY feat ,along the exfsfing fence line to the CERTIFICATE OF PUBLICATION SINGLE-FAMILY(OSA=B)FORAPROP-; qm ,ked by a'seta518 ebarlwithneap ERTY`<LOCATED AT 1615 NORTH; y#g295 STATE OF IOWA, DUBUQUEROAD „ thence S 16"4422 W. JOHNSON COUNTY, SS' WHEREAS the property owner, Richard 117.64 feet along said ROW to the ROW Donahue .has roque ted approval, of a h comer of said Auditor's Parcel 98040 e6 THE IOWA CITY PRESS -CITIZEN sensitive Areas Developmont Plen and a ' I marked by a found 5/8 rebar with cap � rezomng to Sensitive. Areas O4eriay : 1/8295 FEIN. Illi #42-0330670 Medium Density S(ngle Family (OSA 8)thence , S RQ°avda" w,'• _ I, Linda Krotz, being duly swom, 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 - I —_ time(s), on the following date(s): a. a Uri Legal Clerk Subscribed and sworn to before me this - 77 ++, -day of A.D. 20-0--b_. Notary Public o� the J'• r e^ ORLENE MAHER ; . Commission Number 715848 Y My commission Explrea 320.95 Point of Be mmn a ';,' : nacoraei OJotJnson 9 g " i final passage andpub thence S 89-35'46—.W by law, feet along said half sectronline to ACTION VI Countv'lowa ung icatron'as provided t REPEALER All o4: �f Aprll 2, 2005 the SE comer of the Tower Site as record :conflict'r ordinances In F °•� ed in Plat Book 31;- Page 6c as markod, : nances and parts the of of this Ordinance are by a with provisions found 5l8" rebar with pp #7036; hereby 'repeal ed Y' 13000 thence 00 2415" ' W feet to the NE'comer of .I S�TION Yil SEVERABILITY If Tower said -Site as marked by a found: 5/8 any', sochon,. provision or part of, the rebar with cap #7036 :. prdinance shall ire adjudgedto be mvatid i I * thence S 89'35'45V-56.66`:.° i or unconstitutional such adjudioation 111 feet to the NW comer of said Tower.Sde shall', ,affect the validity of the r t Fx f as ,narked by a found 518" rebar vnth'cap Ordfnsnce as a wholo vision ;or part thereof or any sect on pro , not adjudged invalid kv #7036 (hence S or unconsfitutional H �s feel W 2415" E 129 9& ,y Ore SW comer of said Towor:Site ACTION VIII EFFECTIVE DATE. I �. asmarked a 6y'a found 5/Btrebar wrth`capi This Ordinanceshall approval in effect after, .#7036 - final passage thonce p al and publicatton, r 5w 269.52 S'' 89 4511 W' .'- Passed and feel along said half section line to; approved this 24tMdey ; a point 675 feet of June 2003 ` ''% Dubuque west of said centerline of slEmast W.;Lehman Road. 'a Mayor j as marked byset 5/8' Aaesl s/Marlan K f(ari, CrtyCferk'' I �,;c rebar with cap. 48295. '- Y thence Nl)0°2724 ,W 5c778i JUIy 2 2003 594.08 Book feet:r(recorded 589. feet to said 2267 123 and l let 518' rebar -'Page 595.98Yee[ in. Book s aagecl2)'as,marked.by a. #8295 isting with cap set neM to the. come rpost,; 'aN : 17 . � 'Ari rn �T 74_ s 61 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. 03-4089 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 24th day of June, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on July 2, 2003. `= Dated at Iowa City, Iowa, this 18th day of August, 2003. \\\\ Ju i . Voparil Deputy City Clerk J 410 EAST WASHINGTON STREET • IOWA CITY, IOWA S2240-1826 • (319) 356-5000 • FAX (319) 356-5009 ;) � FR ,�, Printer's Pee Sas . an CERYIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS. THE IOWA CITY PRESS -CITIZEN FELT. I® #42-0330670 1, Linda Krotz, 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 -I time(s), on the following date(s): -L.,. s —Legal Clerk Subscribed and sw rn to before me this _) tj_-day of A.D.20� _. a. Notary Public ORLENEMAHER Commission Number 7158ar my commission Expires owe 1 e - I 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. 03-4090 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 24th day of June, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on July 2, 2003. Dated at Iowa City, Iowa, this 18th day of August, 2003. Julie . Voparil Deputy City Clerk 410 EAST WASHINGTON STREET • IOWA CITY, IOWA $2246-1826 • (31 9) 356-5000 • FAX (319) 356-5009 Printer's Fee $ ! r� 1 • L, CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED. ID #42-0330670 I, Linda Krotz, 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 I- time(s), on the following date(s): �-U O Legal Clerk Subscribed and sworn to before me this day of A.D. 20Q. Notary Public WME HERer 7151,46Sxplres of needs Qof, re s amended Syr i Urban Renew; to require the.'i Incremental.ta `. ed.:Syc8more. Renewal Broje WHEREAS, necessary to `described In ih : NOVV, THERI BY THE CITY OF IOWA CIT) f - Ordinance h ^,;amended to re Section ti -Ordinance; the the following m wenueuUrban. enactment is he,, objectives 'August 15, 2000, which Original; Project Area includes the lots and parcels located Within the area legally described as fdl? >.lows: . . Consisting of a tract of land described as follows: Commencing ai.the:Southeast comer of., the Northeast quarter of Section 23, Township 79N Range 6W, in accon rdace with the Records of the Johnson'Courdy -,.- Auditor's Office , thence West along the South line. of the No quarter rof Section 23 to the Southwest comer of the Northeast, quarter of •Section 23; `thence S3 teat to'a point perpendicular°on the it U.S. Highway 6,,Whidt is the Point of''. leginning. (b) Amendm No L-. - °3_ C_� r, `,,u ` nt 1 Area shall mean that portion of the City of Iowa City, Iowa Thence Northerly along the Western I AND described in Amendment No. 1 to the Right -of -Way line of Sycamore Street to Commencing at the northeast comer of Urban Renewal Plan for the Sycamore the Southeastern corner of Johnson Mall Drive Subdivision, which is the point and First. Avenue Urban Renewal Area County Auditor's Parcel 10-14.386-003, of beginning. Thence northwesterly along approved by Resolution No. 03-157 on thence 66 feet to a point perpendicular on the southern boundary of the Iowa May 20, 2003, which Amendment No. 1 the Eastern Right -of -Way line of Interstate Railway, to the northeast comer Area includes the lots and parcels located Sycamore Street; thence Northerly along of Lafferty subdivision. Thence southerly within the area legally described as fol- 'I the Eastern Right -of -Way line of along the eastern boundary of Lafferty lows: - Sycamore Street to the Northwestern cor- Subdivision, to the centerline of Lower Commencing at the northeast corner of j ner of Johnson County Auditor's Parcel 10-14-457-004; thence Easterly 147.61 Muscatine Road. Thence southeasterly along said centerline of Lower Muscatine Mall Drive Subdivision, which is the point feet to an angle paint of said Parcel; Road to a point on an extension of the of beginning. Thence northwesterly along thence Northeasterly 413.83 feet; thence westerly right-of-way of Sycamore Street. the southern boundary of the Iowa Northerly 57.36 feet to the Soulhem Thence southerly.along said westerly " Interstate Railway, to the northeast corner Right -of -Way line of Lower Muscatine right-of-way of Sycamore Street to the of Lafferty subdivision. Thence southerly Road; thence Northwesterly along the southeast corner of Johnson County along the eastern boundary of Lafferty Subdivision, to the centerline of Lower I Southern Right -of -Way line o1 Lower Muscatine Road to a point perpendicular Auditor Parcel #10-14.386-003;. thence 66 feet 10 a point perpendicular on the Muscatine Road. Thence southeasterly 33 feet from the Western corner of eastern right-of-way .line of Sycamore along said centerline of Lower Muscatine Johnson County Auditor's Parcel 10.14 -Street; thence northerly along the eastern -. Road to a point on an extension of the 452.004; thence Northeasterly 256.82 right-of-way line of Sycamore Street to westerly right-of-way of Sycamore Street. feet to the Northern comer of said parcel; the northwestern corner of Johnson Thence southerly along said westerly thence Southeasterly 40 feet to the County Auditor's Parcel 10-14-457-004; right-of-way of Sycamore Street to the Eastern corner of said parcel; thence feet angle thence easterly lel; southeast corner of Johnson County Northeasterly along the property line of point of said Parcel; thence northeasterly thence o he Auditor Parcel #10-14-386-003; thence Johnson County Auditor's Parcel 10-14- feet, thence northerly 57.36 feelto 66 feet to a point perpendicular on the 452-002 to its Northern comer; thence the so the southern right -thence line of Lower er eastern right-of-way line of Sycamore Southeasterly 150 feet along the property .Muscatine Road; thence northwesterly Street; thence northerly along the eastern line of said parcel to its Eastern comer; along the southern right-of-way line of right-of-way line of Sycamore Street to thence Southwesterly 224.9 feet to the Lower Muscatine Road to a point perpen- the northwestern corner of Johnson intersection of said parcel's Southern cor- dicular 33 feet from the western comer of County Auditor's Parcel 10.14-457-004; ner and the Northern Right -of -Way line of a parcel formerly known as Johnson - thence easterly 147.61 feet to an angle Lower Muscatine Road. County Auditor's Parcel #10-14-452-004; point of said Parcel; thence northeasterly Thence Southeasterly along the Northern thence northeasterly 223.82 feet to the 413.83 feet, thence northerly 57.36 feet to Right -of -Way fine of Lower Muscatine northern comer of said parcel; thence - the southern right-of-way line of Lower Road to the Northern Right -of -Way line of southeasterly 40 feet to the eastern cor- Muscatine Road; thence northwesterly Mall Drive; thence Northeasterly 1533.09 ner of said parcel; thence northeasterly along the southern right-of-way line of feet along the Northern Right -of -Way line along the property line of said parcel for. Lower Muscatine Road to a point perpen- of Mall Drive to the Southern Fight -of- rnerly known as Johnson County Parcel dicular 33 feet from the western comer of a parcel formerly known as Johnson Way line of the Iowa Interstate Railroad; thence Southeasterly along said Right -of- #10-14-452-002 to its northern comer, thence southeasterly 150 feet along the County Auditor's Parcel #10.14-452.004; Way line to its Intersection with the property line of said Parcel to its easter thence northeasterly 223.82 feet to the Eastern line of Section 14. comer; thence south.:Ostarly 224.9 ieet ^ northern corner of said parcel, thence to the intersection of said Parcel's south - southeasterly 40 feet to the eastern cor- Thence South along the Eastern line of em comer and the northern right-of-way ner of said parcel; thence northeasterly Section 14 to it's intersection with the line of Lower Muscatine Road. Thence along the property line.of said parcel for- Eastern Right -of -Way line of First Avenue; southeasterly along the northern right-of- merly known as Johnson County Parcel thence Southwesterly along said Right -of- way line of Lower Muscatine Road to the #10-14-452-002 to its northern corner; Way line to the Western corner of northern right-of-way line of Mall Drive; thence southeasterly 150 feet along the Johnson County Auditor's Parcel 10-13- thence northeasterly 1,533.09 feel along property line of said Parcel to its eastern 353.003; thence Easterly to the Eastern the northern right-of-way line of Mall Drive corner; thence southwesterly 224.9 feet line of Section 14; thence South along the to the southern line of the to the intersection of said Parcel's south- Eastern line of Section 14 to the Iowa Interstate Railro Railroad, w ad, which Is the ern comer and the northern right-of-way Northwest corner of Johnson County point of beginning. line of Lower Muscatine Road. Thence Auditor's Parcel 10-13.353-002; thence ' southeasterly along the northern right -of- Easterly 176 feet to the Eastern property Said parcel contains approximately 51 way line of Lower Muscatine Road to the line of said parcel; thence Southwesterly acres. northern right-ol-way line of Mall Drive; along the Eastern property line of Parcel 5eglion 2: The taxes levied on the tax - thence northeasterly 1,533.09 feet along 10-13.353-002 to it's Southeast comer; able property in the Amended Project the northern right-of-way line of Mall Drive thence Northwesterly to the Eastem line Area, legally described in Section 1 here- to the southern right-of-way line of the of Section 23; thence South along the of, by and for the benefit of the State of Iowa Interstate Railroad, which is the Eastern line of Section 23 to the Iowa, City of Iowa City, County of point of beginning. Southeast comer of the Johnson County Johnson, Iowa City Community School Auditor's Parcel described as 10-23-103, District, and all other taxing districts from ' Said parcel contains approximately 51 acres. 001 through 029, then Southwesterly 988.76 feet to the Northern Right -of -Way and after the effective date of this Ordinance shall be divided as hereinafter (c) Amended Proiec Are- shall mean line of Lower Muscatine Road, crossing In this Ordinance provided. that portion of the City of Iowa City, Iowa said Right -of -Way line to the intersecting - 9e tin : As to the Original Project included within the Original Project Area point of the Southern Right -of -Way line of Area, that portion of the taxes which and the Amendment No. 1 Area, which Lower Muscatine Road and the would be produced by therate at which Amended Project Area includes the lots Northeastern comer of Johnson County the tax is levied each year by or for each and parcels located within the area legal- Auditor's Parcel number 10-23-105-003; of the taxing districts taxing property in ly described as follows: thence Southwesterly 157.9 feet to the the Original Project Area upon the total ! Northern Right -of -Way line of U.S. sum of the assessed value of the taxable Consisting of a tract of land described as Highway 6; thence Northwesterly 307.82 property in the Original Project Area as follows: feet to the intersection of the Northern shown on the assessment roll as of Commencing at the Southeast corner of Right -of -Way line of U.S. Highway 6 and January 1, 1999, being the first day of the the Northeast quarter of Section 23, calendar year preceding the effective Township 79N, Range 6W, in accordance the Eastern Right -of -Way line, of First date of No; 00-3947, shall be with the Records of the Johnson County Auditor's Office; thence West along the Avenue; projecting across the First Avenue Right -of -Way along the Northern allocated o'nance and when collected be paid into the fund for the res paid to taxing is - South line of the Northeast quarter of Right -of -Way line of U.S. Highway 6 to 9 Y trio as taxes top said taxing district t Section 23 to the Southwest corner of the the infers lion tion of the Western Right -of- l h into which all other property taxes are Northeast quarter of Way line of First Avenue and the Northern paid. The taxes so determined shall a be' _ Section 23; thence 33 feet to a point per- Right -of -Way line of U.S. Highway 6; referred herein as the "base period taxes" pendicular on the Western Right -of -Way thence Westerly along the Northern for such area. ,. line of Sycamore Street, thence Northerly Right -of -Way line of U.S. Highway 6 a d As to A As to Amendment No. 1 Area, base peri - along said Right -of -Way line to the inter- along lance of 1123.13 feet to its intersection od taxes shall be computed i, the same section of the Western Right -of -Way line of Sycamo� Street and the Nortern with the Eastern Right -of -Way line of Sycamore Street, projecting across manner using the total assessed value shown on the assessment roll as of Right-of-Wa line of U.S. Highway 6, the Sycamore Street Right -Of -Way along the January 1, 2002, being the assessment which is the Point of Beginning. Northern Right -of -Way of U.S. Highway 6 roll applicable to property in such area as January to the intersection of the Western Right- ; Of -Way line of Sycamore Street and the of 1 of the calendar year preced- ing the effective date of this Ordinance. j Northern Right -of -Way line of U.S, ,$=lion 4: That portion of the taxes each .. i Highway 6, to the Point of Beginning. Said parcel contains approximately year in excess of the baseperiod taxes for the Amended Project Area, deter- acres; 61 ; mined for each subarea thereof as pro - „,y vided in Section 3 of this Ordinance, shall be allocated to and when collected be paid into the special tax increment fund previously established by the. City of Iowa City to pay the principal of and interest on I loans; monles advanced to, or Indebted-<' ness, whether ' funded,, .. refunded assumed or otherwfse;'Including bonds' Issued under authontyot Section 403.9 or Section403.12 of the :Code' of'� Iowa,;I incurred by the City of Iowa City, Iowa to tinanceror refinance, In whole or in part,: urbanrenewal projects undertaken within 'he Amended Project Area pursuant to the Urban Renewal Plan, as amended, except ,'that taxes' for the regular, and . voter -approved physical plant and equip-; ment levy of a school district imposed,, pursuant to Section 290.2, but only to the. extent; authorized :in Section 403.19(2),:;; and taxes for payment of bonds and inter- est of each taxing district shall be collect ed against all taxable `property within the Amended ProjecIArea without any limita tiodas herefnaboveprovided."; -5ecSI20 ¢: . Unless or until the total:.' assessed valuation of the, taxable proper- ty in 4he'areas of•the Amended Project Area exceeds the total assessed value of the taxable property in said areas shown' by the':assessment rolls referred to - in Section' - .3 of this` Ordinance," all of the,: taxes levied and collected upon the tax- able properly in the Amended Project Area shall, be. palcl, Into the funds for the respective taxing districts as'taxes by or for the taxing districts in the same manner.- 999110x°6: At such time as: the loansJ� monies -advanced;(: bonds` and interes€ thereon and indebtedness of the City, of `Iowa.Cityreferred to in Section:4.,hereof`. have been paid, all monies thereafter: 'received ',:from --taxes uponithe. "taxable : Property" fn� the- Amendad- Prnfo�r A— live (axing "districts fn,the same, manner as taxes on all other property. Section 7: All ordinances or'parts of f ordinances ih'conflict with the provisions of this Ordinance -are hereby, -repealed. The provisions of: this Ordinance are t intended and shall be construed so as:te, continue the division of taxes from pro p- artyWithin the Original Project Area under I q the Provisions7 of Section 403,19 of the -I Code of Iowa, as authorized in Ordinance' No. 00-3947, and to fully implement the'{ provisions"of Section'403.19 of the Code 1 . of Iowa with respect to the division of:� taxes from property within the Amendment No. 1' -Area as described ' above. In the event that any provision of. H this Ordinance shall be determined to be conry trato law it shall not affect other oro- to visions,or application of this Ordinance f which shall at all'times be construed to' i fully invoke: the ' provisions /of, .Section'; :403.19 of the Code of Iowa with reference to the Amended Project Area and the ter- t` dtory contained therein a Section 8:This Ordinance shall be in 6 effect after its final passage, approval and publication I f`' FvF as provided by few. PASSED AND APPROVED this 24th day of June; 2003. s/Emest W Lehman Mayor Attest: sftdanan K. Karr, City Clerk -` 'r) 44665 i July 2, 2003 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. 03-4091 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 24th day of June, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on July 2, 2003. Dated at Iowa City, Iowa, this 18th day of August, 2003. ,V Ju ' Voparil Deputy City Clerk 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 a FAX (319) 356-5009 1 `I 1, Linda Krotz, 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): ,Tu.Lj, a, QUO 3 Legal Clerk Subscribed and sworn to before me this _day of I- A.D. 20 Q -5 . Notary Public ,r c ORLENE MAHER p F Commission Number 715848 My Commission Expires owr. April 2, 2005 '''m v v Ir WHEREAS; the City uncil of the CCoityo f j OFFICIAL PUBLICATION I I ;Iowa City, -Iowa desires toplovide,for the 'r I ORDINANCEi NO 03 4091 AN .ORDI dwis(on,of,_revenue rom taxation, m the,:` 7 NANCE' PROVIDING' -THAT GENERAL ` `•Urban'Renewal Projecl,Area, as`above l PROPERTY TAXES LEVIED, AND COL described in accordance vnih:tha provi'• LECTED EACHNEAR ON ALL PROPER slops of Section 403.19 of the Code of 1 1 TY LOCATED WITHIN THE HIGHWAY Iowa as amended II COMMERCIAL'' URBANRENEWALPRO NOW,:7HEREFORE,-BE IT ORDAINED, f JECT'"AREA,' IN_ THE,CITY OF IOWA i BY THE CITY COUNGILOF THE CITY, CITY,',COUNTY OF,'JOHNSON, STATE OF IOWA qiV, tOWA: Section t. That I OF IOWA, BY AND FOR THE BENEFIT , the taxes levied on the taxable property in ` OF THE STATE.OF •IOWA,. CITY`OF the Urban Renewai,Proiect Area'Iegaliy ,:: 90WA CITY <COUNTY OF JOHNSON described in'the pre amli a hereof; b' and :; IOWA CITY. COMMUNITY SCHOOL DIS- ; for the benefit of the State,of Iowa; City. of TRICT- AND OTHER': TAXING, 'DIS Iowa C1ty;;County of Johnson ;foiva C1ry;; j TRICTS, BE PAID TOA P I LFUND ,-Cammunily::School District and`all other FOR'°PAYMENT',OF PRINCIPAL 'AND ';tax mg districtsiromand.after,ihe.'eftectrve' INTEREST;, ON. LOANS;,' '' S r date.of this'Ordtnance shall be divided as ADVANCED TO AND" INDEBTEDNESS, { rt hereinafter in this Ordinance provided "INCLUDING BONDS ISSUED ORT BE ISSUED INCURRED BY $AID CITY IN x f Section 2 That porton of the taxeswhich r !l1All.IGlTll�w1 ,„Tu nn,� „nn .., 100 �1 could hR nrnriivuA by lhn •nI .., •..1....,. l above. In the event that any provision of this Ordinance shall be determined to be `- contraryto faw, it shall not'. affect other. „ provisions or applioallort of this Ordinance ' Which ' shall at. all times be construed to ; fully invoke the provisions of Secfion 403.19 ofthe Code of Iowa with reference'': to the Urban Renewal Pioject Area'and the territory contained: therein. Section 7.'.This Ordinance shall be: in effect after its final passage;approval and, publication, as provided' by law. PASSED ANDAPPROVED THIS -24th day of 2003. s/Emest W. Lehman; Mayor Attest: s/MarianK. Karr; City Clerk 44666 '''July2, 2003 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. 03-4092 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the y 9th day of July, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on July 16, 2003. I Dated at Iowa City, Iowa, this 18th day of August, 2003. �ui rVoparil Deputy City Clerk 4 410 EAST WASIIINCTON STREET • IOWA CITY. IOWA 52240-1826 • ' - (319) 356-5000 • FAX (319) 356-5009 I i .. .,.- ._.,,."'-^s�.:^..,rte••,. _. __.._. � __.. o _ Printer's Fee $ —i �• o� CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED. ID #42-0330670 I, Linda Krotz, 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 I time(s), on the following date(s): Legal Clerk Subscribed and sworn to before me thish 1 _day of Xk.Ly A.D. 20 0 'A-3 . Notary Public O eNEMAHER $ [ commission Number 715648 My Commission Expires April 2, 2005 i I OFFICIALPUBUCATION ORDINANCENO. 03-4092 AN ORDINANCE AMENDING CITY CODE TITLE 14; CHAPTER 6, . ENTITLED "ZONING," ARTICLE G, ` ENTITLED OFFICE AND RESEARCH PARKZONE (ORP),' AND ARTICLE L, ENTrrLED "PROVISIONAL USES,' SPECIAL EXCEPTIONS AND f ''TEMPORARYUSES": WHEREAS, the Office and Rasearch Park Zone (ORP) is'Intended ,to provide e areas for .the development of large office, research and similar, uses ; and Abe .� requirements of this zone protect used in the zone from adverse Impact of uses 'on adjacent land and protect. adjacent more restrictive uses; and:;, WHEREAS; utility substation facilitl6s, ' it screened and sited properly,:would not, be. contrary to the intent of the Office and t, Research Park Zone; and WHEREAS, the'7-acre minimum lot area -requirement of the ORP. Zone may be excessive for utility' substations in car- {; tain circumstances; given thatthere !s iit-: - tle traffic or activity at such a'site; and. WHEREAS,: the Board "of Adjustment If given specific, authority: in ,the' Zoning Chapter,. may grant: relief •from' -specific . 'requirements. of the Zoning; Chapter through;especial exception if the action Is .considered to serve the public! interest and is consistent with the 'intent. of the - Zoning Chapter. NOVV, .' THEREFORE, : BE IT I ORDAINED'BY THE CITY.COUNCIL OF THE CITY OF.IOWA CITY, IOWA-,, j SECTION I 'APPROVAL• ,City Code.,,, Title:,14; Chapter ;6;!Zoning, Article G, -':1 Office and Research. Park Zone: -(ORP), ;, "Section 3',`Provisional Uses, Is amended by adding a Subsection B as follows B. Utility substation facilities within a building that houses another pnncipal use allowed in the ORP Zone; provid- ed the substation facilityis completely enclosed and there is no visible indl- ca0on of the facility from the exterior of the building Cily Code R'lo 14 Chapter 6, Zoning; Article G; Office and.Research Park Zone (ORP), Section 4, Special Exce0hons;'is`.` 'amended by adding; aub >Sseclion D as follows , D. Utility substation,faciMies, accord- ing to the requirementsof Article L of this Chapter. . City Code Tftle 14, Chapter 6, Zoning, Article L, Provisional Uses .Special Exception; and Temporary Uses Section. ,•,v„a ,w,ItlfuttlU. nequlremenrs� lbsectiomX U6titySubstation Facihbes; amended by adding :a paragraph Tows ..3.,In' the OAP Zone, the Board, of Adjustment may'reduce the minimum Ict area"requirement fora utillty sub; be 1006110tl screened, and landscaped, In a manner that wID not detract from' surround(ng properties or prevent. developmentof '; an Sttractrve SECTION VII `EFFEGTIY DA ' entrariceway to an exlsung or future rhls Oqd once shall�txe m 8ifect after its+; office iesearoh park. 1n "•S CTION V RFPFAI FR All>ordi > '��Pna{ passage approve( and pubiicaUgn nances and parts of ordinances in confftct ea pnotndetl by lawn y { i� with the,provlslons of tnis Ordinance are l Peso and approved this 9th day of hereby'repealed hiu{y 2003. ' a/l mda ,w;" ert#sn - SECTION V1 SEV fiABil fTY If any T # n t e seohon provtslon or earl of the Ordlnanca , ' pk ayorY i; shall be adjudged to be' If or uncon Attest ri Key i' Is 7 t �� stituhonal such adiudlcahon shall not Marian t ' r� ahect tot,a.ydstyecbon, prows ono part Cdy�ferk3 a r v x I. oreof.,-n, t adjudged invalid or once sti 44768 S "° j duly 62003` :.tutionalW . .,.• -..._� .. ,I ,7, .� a �LJ.S:.wL' �. 4;:-,v2trf.r�..a ;S be 1006110tl screened, and landscaped, In a manner that wID not detract from' surround(ng properties or prevent. developmentof '; an Sttractrve SECTION VII `EFFEGTIY DA ' entrariceway to an exlsung or future rhls Oqd once shall�txe m 8ifect after its+; office iesearoh park. 1n "•S CTION V RFPFAI FR All>ordi > '��Pna{ passage approve( and pubiicaUgn nances and parts of ordinances in confftct ea pnotndetl by lawn y { i� with the,provlslons of tnis Ordinance are l Peso and approved this 9th day of hereby'repealed hiu{y 2003. ' a/l mda ,w;" ert#sn - SECTION V1 SEV fiABil fTY If any T # n t e seohon provtslon or earl of the Ordlnanca , ' pk ayorY i; shall be adjudged to be' If or uncon Attest ri Key i' Is 7 t �� stituhonal such adiudlcahon shall not Marian t ' r� ahect tot,a.ydstyecbon, prows ono part Cdy�ferk3 a r v x I. oreof.,-n, t adjudged invalid or once sti 44768 S "° j duly 62003` :.tutionalW . .,.• -..._� .. ,I ,7, .� a �LJ.S:.wL' �. 4;:-,v2trf.r�..a 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. 03-4093 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 9th day of July, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on July 16, 2003. Dated at Iowa City, Iowa, this 18th day of August, 2003. Julie paril Deputy City Clerk 410 EAST WASHINGTON STREET • IOWA CITY. IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 i f < �` l +r. +,4:..�'Fr1 .,.:� , - K ww�.�x �. '. _ , .. __ -��• , ' '_tom 4 Printer's Fee $�J 44 -- CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED. ID #42-0330670 I, Linda Krotz, 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 I time(s), on the following date(s): 27tkL� Lf�- Legal Clerk Subscribed and sworn to before me this aQ�-.L day of -3 LL. A.D. 20 0-23. r� 'b51uaA,ltHthWJL:e6il:. X{. •.%F11:Y<a:ra::L:rs' �......... ORDINANCE No. 03-4093 AN ORDINANCE CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 1.1 ACRES, FROM,.:: C CB -2 CENTRAL BUSINESS DISTRICT:, SERVICE; TO PRM; PLANNED HIGH '. - DENSITYRESIDENTIAL, FOR :' PROPERTY LOCATED ON THE -EAST SIDE OF SOUTH DUBUOUE STREET SOUTH OF COURT STREET ' WHEREAS the applicant James Clark; r has requested thar.sald property be.. rezoned from CB -2;' Central Business l District -Service, to`PRM, -Planned 'High I Density' Residential, and ' WHEREAS, Aher'proposed .'zoning change conforms with the Near Southside Nelghborhood Redevolopment Plan; and:, WHEREAS, the proposed rezoning Is located, adjacent to an existing' Planned High Density Residential zone; and `:. WHEREAS, at its May 1, 2003 meeting, the PlanMng and Zoning Commission rec ommended' approval of the .proposed' rezoning - NOW, T_ HEREFORE .BE IT ORDAINED.- BY THE CITY COUNCIL OF THE CITY` OFIOWA CITY, IOWA:. `.. SECTION 1, APPROVAL. 1.The proper- ty described below is hereby, reclassified `rom;Its. present:' classification' of. CB -2, Central Business District. Service, to FAM. Planned High Density Residential. CcunrySeatAddition, Block I, LotsSj 6, 7, and 8. _SECTION II. ZONING MAP- The l Building Inspector;Is hereby; authorized and directed to change; the zoning map of the City of Iowa City, Iowa, to.conform to: this amendment upon the final passage, approval and publication of this ordinance as provided by law.,',,, = SECTION'111, `CERTIFICeT�n�i`eun ' RECORDING. Upon . passageand approval of the Ordinance, the City Clerk is hereby authorized and directed to ceni- fy a copy of: this ordinance and to record the same at'.the office of , the 'County. Recorder of Johnson County, Iowa, all as'; provided by law. -SECTION :IV. REPEALE$.'All ordi=:1 nances and parts of ordinances in conflict j. with the: provisions of _this Ordinance are hereby repealed P SECTION SEVERABILITY:: If any'. section, provision orpart of the Ordinance shall be adjudged to be irnalid.or uncon- stitutional, 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-1 tutional. SECTION VII EFFECTIVE DATEThis Ordlnanceshall be in effect after. its final ss paage approval Emcl'p6blication,7,as provided by law. Passed and approved thls 9th day of July, 2003: IslEmest W. Lehman Tian,, Mayor Mayor Attest: Is/Marian K. Xarr City Clerk 0 _ Printer's Fee $�J 44 -- CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED. ID #42-0330670 I, Linda Krotz, 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 I time(s), on the following date(s): 27tkL� Lf�- Legal Clerk Subscribed and sworn to before me this aQ�-.L day of -3 LL. A.D. 20 0-23. r� 'b51uaA,ltHthWJL:e6il:. X{. •.%F11:Y<a:ra::L:rs' �......... ORDINANCE No. 03-4093 AN ORDINANCE CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 1.1 ACRES, FROM,.:: C CB -2 CENTRAL BUSINESS DISTRICT:, SERVICE; TO PRM; PLANNED HIGH '. - DENSITYRESIDENTIAL, FOR :' PROPERTY LOCATED ON THE -EAST SIDE OF SOUTH DUBUOUE STREET SOUTH OF COURT STREET ' WHEREAS the applicant James Clark; r has requested thar.sald property be.. rezoned from CB -2;' Central Business l District -Service, to`PRM, -Planned 'High I Density' Residential, and ' WHEREAS, Aher'proposed .'zoning change conforms with the Near Southside Nelghborhood Redevolopment Plan; and:, WHEREAS, the proposed rezoning Is located, adjacent to an existing' Planned High Density Residential zone; and `:. WHEREAS, at its May 1, 2003 meeting, the PlanMng and Zoning Commission rec ommended' approval of the .proposed' rezoning - NOW, T_ HEREFORE .BE IT ORDAINED.- BY THE CITY COUNCIL OF THE CITY` OFIOWA CITY, IOWA:. `.. SECTION 1, APPROVAL. 1.The proper- ty described below is hereby, reclassified `rom;Its. present:' classification' of. CB -2, Central Business District. Service, to FAM. Planned High Density Residential. CcunrySeatAddition, Block I, LotsSj 6, 7, and 8. _SECTION II. ZONING MAP- The l Building Inspector;Is hereby; authorized and directed to change; the zoning map of the City of Iowa City, Iowa, to.conform to: this amendment upon the final passage, approval and publication of this ordinance as provided by law.,',,, = SECTION'111, `CERTIFICeT�n�i`eun ' RECORDING. Upon . passageand approval of the Ordinance, the City Clerk is hereby authorized and directed to ceni- fy a copy of: this ordinance and to record the same at'.the office of , the 'County. Recorder of Johnson County, Iowa, all as'; provided by law. -SECTION :IV. REPEALE$.'All ordi=:1 nances and parts of ordinances in conflict j. with the: provisions of _this Ordinance are hereby repealed P SECTION SEVERABILITY:: If any'. section, provision orpart of the Ordinance shall be adjudged to be irnalid.or uncon- stitutional, 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-1 tutional. SECTION VII EFFECTIVE DATEThis Ordlnanceshall be in effect after. its final ss paage approval Emcl'p6blication,7,as provided by law. Passed and approved thls 9th day of July, 2003: IslEmest W. Lehman Tian,, Mayor Mayor Attest: Is/Marian K. Xarr City Clerk `* Al �a o • City or 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. 03-4094 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 19th day of August, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on August 27, 2003. Dated at Iowa City, Iowa, this 16th day of September, 2003. u ' . Voparil Deputy City Clerk 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52540_1826 • (319) 356-5000 • FAX (319) 356.5009 Ile 1 I I i I ®� ]® OFFICIAL PUBLICATION !� Printer's Fee $_�_-1 ORDINANCE NO 03-4094 I, AN ORDNANCE CHANG NG THE ZON. ING DESIGNATION OFAPPROXIMATE. CERTIFICATE OF PUBLICATION LY 6.1 ACRES FROM COUNTY RS, SUBURBAN RESIDENTIAL, TO C11, ` l STATE OF IOWA, INTENSIVE : COMMERCIAL, FOR PROPERTY LOCATED WEST OF DANE JOHNSON COUNTY, SS. ROAD, EAST OF, MORMON. TREK � .BOULEVARD EXTENDED. THE IOWA CITY PRESS -CITIZEN has aWHEREAS,': (HaroldJohn. Dane applied for the annexatis on and rezon- I FED In #42 AD— ng of approximately 6J acres of property , f ®� ]® romCounty RS, Suburban Residential, to :.CII, Intensive Commercial; and WHEREAS, this property has been.! I, identified by the City as appropriate for commercial development; and 1 - Linda Krotz, being duly sworn, say WHEREAS the` extenslon 'of Mormon Trek Boulevard, planned for con- z that I am the legal clerk of the IOWA structlon In 2003 will provide the urban, infrastructure to CITY PRESS -CITIZEN, support. commercial development. a newspaper Published in said county, and that a NOW, . THEREFORE, BE IT ,1 ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,. IOWA; - notice, a printed copy of which isSECTION 1 APPROVAL, The prop- . arty legally described below is hereby] hereto attached, was published in redesignated from AS, Suburban Residential, to C11, Intensive said paper �' time(s), On the Commercial: In Section 20, Township 79, Range following date(s)- 6, that part of S of E That Part DESC AP asAP#2 in6k 877 1 PG 204; ! ::) AND EXC that part lying within the survey ! ; �A t Rec in Bk 42 Pg 19 of JC Recorder Desc F as the Runway; Said parcel is also Identi. fied as Johnson County Parcel j .#1020176009. a . SECTI2N II ZQ N MM- The Building Inspector.fs,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, Legal Clerk approval . and. .publication of this Ordinance as provided by law Subscribed and sw rn to before me SECTION III,_["ER'rlcrr AND REooaDIN .The cty— c ,a this a� raK day of hereby authorized and directed to certify a Copy of this Ordinance A.D. ZUC 3 V which shall be recorded by the owner at the Office of the County Recorder of Johnson County, ^ Iowa, upon final passage and publication h \ as provided by law SECTION LY R EALFa. All ordi. I nances and parts of ordinances in conflict with theprovisions of this Ordinance are Notary Public hereby repealed. SECTION V cFVrrnuu iTy ..If any section, provision or part of the Ordinance shall be adjudged to be invalid or uncopstitutional, such adjudication' Y a shaft not affect the validity OfAhe Ordinance as a whole or anysection, pro- vision or part thereof not adjudged invalid o' o, ORLENE ANAHER ocunconstitulional ,Q` F Commission Number 715648 SECTION VI FFFFrTI�rF HATE, My Commission Expires This Ordinance shall be in e6ect alter. its„ ow. April 2, 2085 tiinal'passage, approval and- publication; " as provided by law <. •{ Passed,and:an •_ ,yis 19th day;{ of August, 2003. s/ERNEST W. LEHMAN, Mayor j v Attest: sIMARIAN K KARR,,City Clark: _ 45001 August 27 2003 r ' ,.f 5.+'Y• . � .ut. .. ,:� ..._ .,5.-...� _._ ...>o-�.�1 -, _43+_ ., !.. ..., .._ ...Tl'O M$. aYi�.2A � `v>. t .. � ,. :":J. tRi i �r.1ArFr.ti'.�^Y'3_. 45001 August 27 2003 r ' ,.f 5.+'Y• . � .ut. .. ,:� ..._ .,5.-...� _._ ...>o-�.�1 -, _43+_ ., !.. ..., .._ ...Tl'O M$. aYi�.2A � `v>. t .. � ,. :":J. tRi i �r.1ArFr.ti'.�^Y'3_. 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. 03-4095 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 19th day of August, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on August 27, 2003. Dated at Iowa City, Iowa, this 16th day of September, 2003.c \\ 6 lie . Voparil Depu y City Clerk NOTE TO FILE: i I City Clerk's Office discovered after publication that some fractions contained in the legal description did not publish correctly. Some fractions changed to question marks in the published version only. Also discovered that only one owner (James Davis) appeared as the signee of the conditional zoning agreement, although other two owners listed signed different pages not published. t After consulting with Asst. City Atty. Behr it was determined that republication of the ordinance was not necessary because the actual ordinance and the recorded document are correct. The purpose of publishing is to give notice to the public of the action. Enough information was 3 published to provide that notice. Marian K. Karr City Clerk 9-26-03 u:03 4095.doc ji OFFICIAL PUBLICATION i 355.98 feet thence d 7cv� Printer's Fee $ �iip ORDINANCE-NO034095::' minutes 36 seconds AN ORDINANCE'CHANGINGTHE' thence South 54degraes ZONING', DESIGNATION south 26 degrees fa West 22995 feet 40 minutes 00 " c=20 /• OF APPROXI sebonds east to the MATELY;144ACRES:FROM'COUNTY; Highway#1andthepoint';ofbeglnning;of cental line of Iowa x' CERTIFICATE CERTIFICATE OF PUBLICATION ;CH, C2, RIA, RS,+AND Al PU8 the;tiact hereln';described' LIC; CH1, HIGHWAY COMMERCIAL CI "! westerly all -said A, INTENSR7E•;.COMNIERCIAL,?:AND thence north 541d egress i (hence south F center, line 140 foal 4Q m3nutes,o0' STATE OF IOWA, IDBS, INTERIM DEVELOPMENT^ REST DENTIAL .FOR PROPERTY;GENERAL , ';; -seconds westto;the half of ts-was th (fie west fine' of the. east'll -wart fine' o the eas ll �I011I19TS®N COUNTY, SS: LY LOCATED EAST OF HIGHWAY 218 WEST OF THE IOWA'CITY AIRPORT Twnship 78 North;, I 5 thence Range',6 West of the the THE I®I14)A CITY PRESS -CITIZEN. AND BOTH:; NORTH AND SOUTH OF HIGHWAYti> , ,P. -M north i line of the east fiat{ ter -of Section along said west y of the northeast guar 1 i FED. ID # 42-®33®6%® said WHEREAS the City is word nahng t! beats north 54 <'degrees and initiati %4 rezoning of approximate seconds west of the 20'to'a-point Which,:;# ao mmutesaoo ;a beginning;': ly 144 acres of land -in conjunction with:' ythende degrees south 54 pom{ao 4o minutes I, the annazation of said properties,• it seconds east to flim WHEREAS, the C(ty cronsulted the .: !,'Subject to an'easemont pointof beginning tothe Stateaf !? Linda Krotz, belrt dui SWOt Il, say g y y Southwest District Plan and South Central ,> lowaio road `purposesiarid District Plan, which are:, partof the - public` highway and Compiehenshve, for usa:as a'}' subject:, to in"' - Plan;+ in considering _ ment for access=to adjoining lots and for i that I am the legal Clerk Of the IOWA appro riatezonin dest nations and construction of;�utrli WHEREAS- the owe City}Airport easement is 30 feet services ,which: r to width;'the souther 1 CITY PRESS -CITIZEN, a newspaper f owns properties being annexed to the Cary Iy line which is the of Iowa City which,should be'zoned'pub IIne of Iowa Hlghway -'l northerly right of way. #1; antl subject to an published in said county, and that a p �y Ifcto reflect public ownership and','; eisoinent for the:constNc9on; WHEREAS,,ttie City has Identified ! and maintenance of operation , ' asanitary sewer line: notice, a printed copy Of which 1S the properties east and west .of ,the , 5'feet on either side Mormon Trek Boulevard Extension as` tory sewer line ;as otthe exisfing.sent-; located on hereto attached, was published in appropriate for commercial development;,! and - > presently, said'i- I estate except e%ayedlo ng4harefrom That: j re the - said paper time(s) On the WHEREAS the', extension of Mormon Trek': Boulevard, scheduled for; portion j highway purposes. Book 544 Page 100 the State loffi by deed, records. In ) Records of Johnson following date(s): construction in 2003, will p_ r_ovide the infra. _ _ County Iowa. f .; Un A 1 S (� i ;'structure to supportcommercial develop- ment in this vicinity; and f- Commencing at said Section20;;thende the'.NE comer of SOP33'W, 377.5 It,' r " WHEREAS ro.adilress concerns: along,:the east4ine'of the ?NE of 'said, with entranceway aesthetics'along •thee Section 2010,th'e centerline Highway 1 frontage, the)preperty owners ( Road No I; thence -of, Primary, S35030 ?',1838.6.1 ' 3' of;undeveloped private:,.property wh[ch' fL aion§.said;,6ehierline''and'.centedine! fronton Highway 1 have'agreetl to a'con='- tangent,3hence:N54'291W,-,101.3 -ft.: to ditlonal zoning agreement defining'set-. the Point of Beginning thence continuing' / back and appearance considerations.N54.`29 ?'W, 231.0„ft.. to al Legal Clerk NOW, THEREFORE BE` IT ORDAINED BY THE CITY COUNCIL OF. THE OF. IOWA west line of the'E ? NE,? 20; thence S0027:?'W; point on then of said Section': 326.7 ft. along said; Subscribed and rrl to before me CITY CITY IOWA SECTION L APPROVAL The privately -owned properties on, the west line; thence N44 the Point of Beginnrng; acre'(31 088 sq.'-fL),. A- TE, 272.4 ft. to.;% containing 0.71 ` more less. this �Aday O north side of Highway being annexed, legally described Thst part ofthe,E or, 12;of the NE 174 A.D. 20 6_5 as follows, are herebyof redesignated from County CH, Highway: Commercial,.', Section 20, Township 6 West,• tying northwesterly 79:North, Range.; of the original. j to CI -1 Intensive_ •State Highway No A' southeastgriyof the; Commercial. : � StateHlghway.No..1: ' com 300' S OF NE COR S 8960 W present westerly of the 6d south-: 25.5'; S35- W 999.95'. S 45m -W.196.67'. :county in Johnson County,=_ road _(Dane Road);;: Iowa TO POINT OF BEG., THENCE S 4500 W follows ;dsscribed;'as., '. , Notary Public , 759.31' S 260 .N 229.95'-N 54-i W TO W, LINE E? NE; N ALONG SAID W LiNE TO Commencing at said :Section 20;;thence the- NE comer oU POINT N 5400- W TO BEG, identified as (S 01-45' W record) along S;OSm44'4T. W the East of Johnson County, Iowa parcel #1020105002; and said'NE 114 andWong,the.centerlinwof :'said original State: Highway'No. fine COM 300' S OF NE;COR 20-79.6 S 'tango of 1136;58 feet to 1 a-dis- the beginning, 89 W25.5';S35.00:'89331'TO-PCG, !THENCE S 3500 W ;106:64, S'4sxIw curveto, e,;rtght,said;cunia-having`la; of a; r ORLENE MAHER 196.67', N 54- W TO W LINE E? NE, N ALONG SAID W LINE TO PT N 54w, W: radiugW 572.96feet;;concave thence southeriys:afong I centedine westerly;' .said curve and; Commission Number 715648 OF BEG., S 54-6 E TO BEG identified as said .16480, feet A6 theJnter=; % '� ow My Commission Expires Aril 2, 2005 P Johnson County, ” Iowa parte(: #1020105D01:: section'wdh the ce-nterfine road (Dane Road) and ofae county; the point of begin-'; ,F COM 300' S OF NE COR SECTION,and ging thence condriuing said centerline alorig sold curve'-, ' '20, T79N, R6W,'S 89m W 25.5'. S 35ao W • 999.95', S 45-,W 355.98, S:.26- W of Highway Na 1 in' a southwesterly Odginal,lowa States, direr= �✓ 229.95, S 54?o W TO CIL HWY. SWLY tion:46303 feet'thenco.SB4003t4T cion said W, ;i ALONG C/L 140' TO POINT, OF BEG,; 9 centerhne point!'an the southeasterly 604.34 feet to a;' THENCE SWLY 1*, N 54+01WTO,ti .' LINE E?'NEALONG W LINE TO Ilne ofpresent Iowa State,Hlghway thence.N10026'45 Eaiong°satddghtof';; -right of way." No�1;:j. W POINT N 540? OF BE S 5400 W TO BEG, identified as Johnson County,- Iowa wey ane 112 47; feet (113 thence' O.feat record)' : parcel #1020177002. ' -` properties controlled by the Iowa City N $80007'45 E wa line 199 94 fent E along SWd dght-of-i . 2001 %feet retard ` p j ,.The ( rport,iegallydescdbed as follows„are. hereby "redesignated from; RS, Suburban : thence'N 410036100 way line 351 41',feet (351 thenca;N 36004220• E aloPg said dghf of' &feet record)• J Residential; RIA -Urban Residenllal=' line 4993 ;feet aicng sold fl9 fro+, ' County CH, ;Highway 'Commerdal and; oway (500 thence N 280x5553' E -feet mcord)I ; Wong said + r , 02, Commercial to P, Public way Imo 111 07.feet right of-:; feet ^ v Commencing at ilia` northeast tor- ner.of Section .20,, TowrShip 78 North (1110 thence N 5601 0,+001.48” E way lino 9584 feef (966�[eet record) along said right of Range 6 West of the 5, P M., thence : thence;N 360 4210' E along sold south 300.00, ;feet ,thence south<89 way, line 16810;`leat rjght of to degrees 52 minutes 00,,seconds west southwestadv right of a'point on the>' way line Dane;r 25.50 faet to the..northwesterly right; of : Road atignce N,84002341 of Ergiwig said? wa),; line of Iowa,Highway #1,_tnence. �outhessteriy nghf of fine �mva;j south 35 degrees 20 minutes 00 seconds State'Highway No ;;I way Qf d(starice of 6814,! west; 999.95 feet South,,I45:; ;a :tewrrsAsy,rAoe..,a; a�a -d err a ., feet to the beginning ofa curve to the right, said curve having a radius of 572.96 feet, concave southwesterly; thence southeasterly along; said centerline 215,65 feet to the point of beginning, and containing 6.314 acres. Subject to Dane Road right-of-way and easements of record. For the purpose of this description, the east line of the NE 1/4 of said Section 20 is assumed to bear S 01-4447" W. The above described par- cel is the same parcel as described in the special warranty deed to trust as recorded in Book 2244, Page 116 in the Johnson County Recorder's Office. and That part of a parcel of land described in Book 1908, Page 205, in the Office of the Johnson County Recorder, in the Southeast Quarter of the Northeast Quarter of Section 20, Town%lp 79 North, Range 6 West of the 5 Principal Meridian in Johnson County, Iowa, described as follows: Commencing at the southwest cor- ner of said Southeast Quarter of the Northeast Quarter; thence South 88-34'01" East along the south line of said Southeast Quarter of the Northeast Quarter 194.00 feet to the southeast cor- ner of said parcel; thence North 04-04'00" East along the east line of said parcel 159.18 feet to the point of begin- ning; thence North 48-18'05" West 210.60 feet to the southeasterly right of way line of Iowa State Highway No. 1; thence North 48-35'35" East along said right of way line 237.85 feet to the east line of said parcel; thence South 04-04'00" West along said east line 298.16 feet to the point of beginning, con- taining 24,864 square feet, subject to easements and restrictions of record, if any. and That part of the Southeast Quarter of the Northeast Quarter of Section 20, Township 79 North, Range 6 West of the 5t Principal Meridian in Johnson County, Iowa, described as follows: Commencing at the southeast corner of said Southeast Quarter of the Northeast Quarter; thence North 88-34'01" West along the south line of said Southeast Quarter of the Northeast Quarter 1,129.73 feet to the southeast corner of a parcel of land described in Book 1908, Page 205, in the Office of the Johnson County Recorder; thence North 04-04'00" East (North 02-50' East record) along the east line of said parcel 158.70 feet to a point on the southwesterly right-of-way line of pro. posed Mormon Trek Boulevard and a non -tangent curve to the right, said curve having a radius of 940.00 feet, concave southwesterly; thence southeasterly along said curve and said southwesterly right-of-way line 109.68 feet through a central angle of 06-41'08" and having a chord bearing South 43-19'05" East 109.92 feet to the point of beginning; thence North 62-27'56" East 30.54 feet; thence South 48-2749" West 29.86 feet to the beginning of a non -tangent curve to the right, said curve having a radius of 940.00 feet, concave southwesterly; thence northwesterly along said curve and said southwesterly right-of-way of proposed Mormon Trek Boulevard 7.39 feet through a central angle of 00-27'02" and having a chord bearing North 39-45'00" West 7.39 feet to the point if beginning. and That part of the Southeast Quarter of the Northeast Quarter of Section 20, 5tTohwnship 79 North, Range 6 West of the Principal Meridian in Johnson County, Iowa, described as follows: Commencing at the southeast corner of said Southeast Quarter of the Northeast Quarter; thence North 01-4447" East (North 01-45' East record) along the east line of said Southeast Quarter of the Northeast Quarter 372.80 feet; thence South 63-52'17" West along the southeasterly line of a parcel of land described In Book 871, Page 204,. in the Office of the Johnson County Recorder 298.84 feet rt3 feet ecord); hence North 19-00'138 West (Noah 19-00' West record) along the west line of said parcel 247.05 feet to the Point of beginning; thence South 62-27'56" West 810.16 feet; thence North 19-00'13" West .174.33_feet to the east line of a Parcel of land described in Book 1908, Page 205 in the Office of the Johnson County Recorder;thence North 04-04'00" East (North 02-50' East record) along said east line 220.08 feet to a point on the southeasterly right-of-way line of Iowa State Highway Number 1; thence North 44-46'50" East along said. right-of-way line 385.18 feel (North 43-33' East 389.1 feet record) to the cen. terline of original Iowa State Highway Number 1; thence North 64-31'47" East (North 64-32' East record) along said centerline 371.76 feet to the west line of said parcel described in Book 871, Page 204; thence South 19-00'13" East along; said west line 468.66 feet to the point of: beginning. and That part the of the Northf east Quarter uofeSect oast n 20rterr T wnship 79 North, Range 6 West of the 5"' Principal Meridian in Johnson County, Iowa,described as follows: Commencing at the southeast corner of said Southeast ; Quarter of the Northeast Quarter; thence North 01-44'47" East (North 01-45' East record) along the east line of said Southeast Quarter of the Northeast Quarter 372.80 feet; thence South 63-52'17" West along the southeasterly line of a parcel of land described in Book 871, Page 204, in the Office of the Johnson County Recorder 298.84 feet (South 63-52'30" West 298.8 feet record); thence North 19-00'13" West (North 19-00' West record) along the west line of said parcel 198.73 feet to a point on the south right-of-way line of pro- posed relocated Dane Road and the point Of beginning; thence North 86-15'13" West along said right-of-way line 97.71 feet; thence North 62-27'56" East 92.39 feet to a point on said west line; thence . South 19-0013" East along said west tine 48.32 feet to the point of beginning. and That part of the Southeast Quarter of the Northeast Quarter of Section 20, Township 79 North, Range 6 West of the 5t Principal Meridian in Johnson County, Iowa, described as follows: Commencing at the southeast corner of said Southeast Quarter of the Northeast Quarter; thence North 88-34'01" West along the south line of said Southeast Quarter of the Northeast Quarter 1,129.73 feet to the southeast corner of a parcel of land described in Book 1908, Page 205, in the Office of the Johnson County Recorder; thence North 04-04'00" East (North 02-50' East record) along the east line of said parcel 158.70 feet to a point on the southwesterly right-of-way line of pro. Posed Mormon Trek Boulevard and the Point of beginning; thence continuing North 04-04'00" East along said east line of that parcel of land described in Book 1908, Page 205 a distance of 78.57 feet; thence South 19-00'13" East 136.90 feet to a point on a non -tangent curve to the i right, said curve having a radius of 940.00 feet, concave southwesterly; thence northwesterly along said curve and said southwesterly right-of-way line of pro- posed Monson Trek Boulevard 71.59 feet through a central angle of 04-21'50" and having a chord bearing North 44-2843" West 71.58 feet to the point of beginning. That part of the West ? of the NW ? of Section 21, Township 79 North, Range 6 I West, Johnson County, Iowa, described i as follows: "7 Commencing at the NW comer of said Section 21; thence S 01-45' W along the West line of said NW ? a distance of 743.0 feet to the paint of beginning; thence continuing S 01-45'W along said West line 1571.3 feet; thence N 71-00' E parallel with and 625.0 feet from the cen- terline extension of Runway 24-6 of the Iowa City Airport 1408.6 feet to the East line of said W ? of the NW ?; thence N 01-49'E along said East line 1267.8 feet, thence S 71-00' W parallel with and 560.0 feet from said centerline extension of Runway 24-6 a distance of 890.8 feet; thence N 74-22'W 500.4 feet to the point of beginning. Containing 40.04 acres; more or less. Subject to the county road and easements of record. For the purpose of this description, the West line of the NW ? is assumed to bear S 01-45' W. and That part of the SE ? of the NE ? of Section 20, Township 79 North, Range 6 West, lying South of the original State Highway No. 1, in Johnson County, Iowa, described as follows: Commencing at the NE comer of said Section 20, thence S 01-45'W along the East line of said NE ? a distance of 1327.4 feet to the NE comer of said BE ? of the NE ?; said comer being the point of beginning; thence continuing S 01-45'W along said East line 954.6 feet; thence S 63-52'30" W 298.8 feel; thence N 19-00' W 715.7 feet to the centerline of the orig- inal State Highway No. 1; thence N 64-32' E along said centerline 232.6' to the beginning of a tangent curve to the left; said curve having a radius of 572.96 feet; thence northeasterly along said curve on said centerline 432.4 feet through a central angle of 43-14'10" to a point on the North line of said SE ? of the NE ?; thence S 89-45'E 33.0 feet to the point of beginning. Containing 7.59 acres, more or less. Subject to the county road and easements of record. For the purpose of this description, lite East line of the NE ? is assumed to bear S 01-45' W. and That part of the NE ? of the NE ? of Section 20, Township 79 North, Range 6 West, lying southeasterly of present State Highway No. 1, westerly of the original State Highway No. 1, and northeasterly of the county road, in Johnson County, Iowa, described as follows: Commencing at the NE comer of said Section 20; thence S 01-45'. W along the East line of said NE ? a distance of 743.0 feet to a point on the southeasterly right- of-way line of present State Highway No. 1; thence S 38-04'W along said right -of. way line 261.5 feet; thence S 24-59'30"E along said right-of-way line 102.0 feet; thence N 36-18' W along said right-of- way line 87.3 feet; thence S 11-59' W along said right-of-way line 67.0 feet to a Point on the centerline of the county road; thence S 36-18' E along said. centerline 85.9 feet to the beginning of a tangent curve to the right; said curve having a radius of 572.96 feet; thence southeaster- ly along said curve on said centerline 215.1 feet through a central angle. of 21-30'50" to a point on the centerline curve of said original State Highway No. 1; said curves not being tangent; thence northerly along the second curve 165.4 feet on the center line of said original State Highway No. 1, said second curve having a chord bearing N 10-01' E, a radius of 572.96 feet, and concave Westerly, through a central angle of 16-32'15" to the point of tangency on the said East line of the. NE. ?; thence N 01-45'E along said East fine on said cen. ter line of original State Highway No. 1 a distance of 393.6 feet to the point of beginning. Containing 1.18 acres, more or less. Subject to the county road and ease-, ments of record. For the purpose of this description, the East line of the NE ? is assumed to bear S 01-45' W. and That partof the SE ? of the NW ? of of Dane Road, legally described as fol- lows, are hereby redesignated from RS, 2. Owners acknowledge that the Cit Section 21, Township 79 North, Range 6 West,. Johnson County, Iowa, described Suburban Residential, to CI -1, Intensive wishes to ensure a minimum amount of entranceway aesthetics as properties as follows: Commencing at the NW corner of said Commercial: North 18.567 chains of the North fronting on Highway 1 are developed. 9 9 y p. Section 21; thence N 89-55'30" E along the North line of said NW ? a distance of half of the Southeast quarter East of Highway right-of-way Section 20, T79N, 3. In consideration of the City's rezon- 1320.2 feet to the NE corner of the NW ? R6W, excepting the portion west of ing the property from RS, Suburban of said NW ?; thence S 01-49'W along Mormon Trek Boulevard. 11. ZONING MAP. The Residential, R1 -A, Urban Residential, and CH Highway the East line of said NW ? of the NW ? a distance of 1334.8 feet to the NW corner $ECTION Building Inspector is hereby authorized C2, Commercial, to -1; Commercial, the Owners agree that any of said SE ? of the NW ?, said corner being the point of beginning; thence S and directed to change the zoning map of the City of Iowa City, Iowa, to conform to development of the property shall Incor- porate the following site design stan- 89-45' E along the North Line of said SE this amendment upon the final passage, dards: ? of the NW ? a distance of 248.0 feet; approval and publication of this thence S 55-11' E 703.6 feet; thence N Ordinance as provided by law ZON- a. A minimum setback o130 feet from 82-05'30"W 356.7 feet; thence S 71-00' W parallel with and 625.0 feet from the $E,CTION ilt QONDITIONAL IN.a_AGHEEMENI. Following final pas- and approval of this ordinance, the the Highway 1 right-of-way shall be land - scaped. No parking or paving, other than centerline extension of Runway 24-6 of the Iowa City Airport 517.1 feet to the ! sage Mayor is hereby authorized and directed a sidewalk ortrail, shall be permitted in this 30 -tool setback. West line of said SE ? of the NW ?; to sign, and the City Clerk to attest, the thence N 01-49' E along said West line conditional zoning agreement between 522.4 feet to the point of beginning. property owners and the City. IV CEBI1ELGA1M b. No outdoor storage of materials or Containing 5.20 acres, more or less. Subject to easements of record. For the SEECON ANP RE DJKW_a. The City Clerk is merchandise within 100 feet of the Highway 1 right-of-way shall be permitted. purpose of this description, the North line N hereby authorized and directed to certify a. of this Ordinance which shall be This does not apply to outdoor display of of the NW ? is assumed to bear copy recorded by the owner at the Office of the motorized vehicles, such as automobiles trucks. 89-55'30" E. Subject to the terms and conditions of a' County Recorder of Johnson County, and conditional zoning agreement, attached i hereto and incorporated by reference Iowa, upon final passage and publication as provided by law. C. Signs, if illuminated, must be inter - herein, the properties on the east side of SECTION V. REPEALER. All ordi- nally illuminated, in order to minimize the Highway 218, west of Mormon Trek nances and parts of, ordinances in conflict chance of upward turning lights being Boulevard Extended, are hereby redesig- with the provisions of this Ordinance are used on the property. nated from RS, Suburban Residential; hereby repealed. VI, SEVERAI9AM. If ! R1A, Urban Residential; and C2, Commercial to CH -1, Highway SECTION any section, provision or part of the jmerit. 4, Owners agree that the site develop - and site plan of the property shall Commercial: North 18.56 chains of the North half Ordinance shall be. adjudged to be invalid i or unconstitutional, such adjudication reflect these conditions. of the Southeast quarter East of Highway shall not affect the validity of the right-ol-way Section 20, T79N, R 6W, excepting the portion east of Mormon Ordinance as a whole or any section, pro-. vision or part thereof not adjudged invalid, 5Owners acknowledge that the con - clition contained herein are reasonable I Trek Boulevard. or unconstitutional SECTION VI!, EEEECTIVF DAT J conditions to impose on the land, and i under Iowa Code 414.5 (2001), and that BEG AT A POINT N 89- E 1135.7' FROM THE CENTER OF SEC 20 T79N, This Ordinance shall be In effect after its; approval and publication, said conditions satisfy public needs that to the zoning R6W ON THE S LINE OF SAID SW NE, N 39- E. 180.9', N 30- E 140.4' TO EAST LINE OF SAID SW NE, S O- E final passage, as provided by law - Passed and approved this 19th day', are related change. 258.0', ALONG EAST LINE TO SOUTH LINE OF SAID SW NE, S 89- W 188.3' of August, 2003. i s/Ernest W. Lehman, Mayor ; 6. Owners acknowledge that in the event any portion of the subject property ALONG SOUTH LINE TO THE POINT OF Attest: s/Marian K. Karr, City i is transferred, sold, redeveloped, or sub - divided, all development and redevelop - BEG, which is .51 acres, more or less, identified as Johnson County, Iowa parcelment Clerk will conform with the terms of this #10201590; and CONDITIONAL ZONING AGREEMENT .' Conditional Zoning Agreement. COM SW COR SE NE E 194', N 649', SW 330', S 412' TO beg EX. Land THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a is 7. The parties acknowledge that this conveyed to City of I.C. in 2727.90 (sur- Municipal Corporation (hereinafter "City") Conditional Zoning Agreement will vey 41-75), which is 1.47 acres more or and James Davis, Robert Davis, and Jan deemed to be covenant running with the less,be identified as Johnson County, Iowa Smith (hereinafter "Owners"). land and with title to the land, and shall parcel #10201760. remain in full force and effect as a The property on the east side of Highway covenant running with the title to the land 218, on the south side of an existing WHEREAS, the City of Iowa City is coor- unless or until released of record by the drainageway corridor, is hereby redesig- dinating and initiating the annexation and City. The parties further acknowledge that nated from RS, Suburban Residential, to rezoning of property owned by Owners, this agreement will inure to the benefit of ID -RS, Interim Development Single- part of which has frontage on Highway 1; and bind all successors, representatives, Family Residential: and and assigns of the parties. COMMENCING AT THE EAST ? CORNER OF SAID SECTION 20, THENCE SOUTH 00-09'17" WEST WHEREAS, Highway 1 is an entranceway 8. Owners. acknowledge that nothing ALONG THE EAST LINE OF THE to Iowa City; and in the Conditional Zoning Agreement will be construed to relieve the owner from SOUTHEAST ? OF SAID SECTION 20 A DISTANCE OF 1224.96 FEET (18.56 WHEREAS, the City has identified complying with all applicable local, state and federal regulations. CHAINS); THENCE SOUTH 89-40'57" FEET TO blic bene - aesthetics as a public j WEST A DISTANCE OF 686.36 WEST lit; and THE POINT OF BEGINNING OF THE The parties agree that this PARCEL HEREIN DESCRIBED; THENCE SOUTH 89-40'57" WEST A WHEREAS, Owner agrees that certain Conditional Zoning Agreement will be C incorporated by reference into the ordi- DISTANCE OF 672.65 FEETTOA HIGH- minimal conditions and restrictions are Hance rezoning the subject property and nance WAY RIGHT OF WAY MARKER ON THE reasonable to ensure a minimum of that upon adoption and publication of the EASTERLY RIGHT OF WAY LINE OF entranceway aesthetics, and to ensure �- U.S. HIGHWAY 218; THENCE NORTH that any illuminated signs do not interfere 11-40'09" WEST ALONG SAID HIGH- with the operations of the Iowa City 't WAY RIGHT OF WAY LINE A DISTANCE Airport. OF 283.38 FEET; THENCE SOUTH 74-45'09" EAST A DISTANCE OF 37.99 FEET; THENCE NORTH 64-08'51" NOW, THEREFORE, in consideration EAST A DISTANCE OF 32.48 FEET; of mutual promises contained herein, the " THENCE SOUTH 86-19'36" EAST A Parties agree as follows: DISTANCE OF 217.65 FEET; THENCE SOUTH 76-39'28" EAST A DISTANCE 1. James Davis, Robert Davis, and OF 84.25 FEET; THENCE SOUTH Jan Smith are the owners and legal title 58-49'25" EASTA DISTANCE OF 201.41 holders of property east of Highway 218, FEET; THENCE SOUTH 34-29'14" south of Highway 1, legally described as EAST A DISTANCE OF 69.35 FEET; follows: THENCE SOUTH 61-31'31" EAST A DISTANCE OF 174.40 FEET TO THE POINT OF BEGINNING. CONTAINING North 18.56 chains of the 3.10 ACRE. North half of the Southeast quarter East The properties on the east side of of Highway right-of-way Section 20, Mormon Trek Boulevard Extended, west T79N, R 6W L��i.c -- --q"5- ordinance, this agreement will be record- ed in the Johnson County Recorder's Office. 10. Owners acknowledge that this Conditional Zoning Agreement can be executed in counterparts, and said coun- terparts shall constitute one original agreement. Dated this 1 st day of May, 2003. OWNER CITY OF IOWA CITY s/James R. Davis By: s/Ernest W. Lehman, Mayor Attest: ' s/Marlan K. Karr. City Clerk CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter "City") and Rick Jirsa and Mark Mitchell (here- inafter "Owners"). WHEREAS, the City of Iowa City is coor- dinating and initiating the annexation and rezoning of property owned by Owners, part of which has frontage on Highway 1; and WHEREAS, Highway 1 is an entranceway to Iowa City; and WHEREAS, the City has identified entranceway aesthetics as a public bene- fit; and WHEREAS, Owner agrees that certain minimal conditions and restrictions are reasonable to ensure a minimum of entranceway aesthetics, and to ensure that any illuminated signs do not interfere with the operations of the Iowa City Airport. NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree as follows: 1. Rick Jirsa and Mark Mitchell are the owners and legal title holders of property east of Highway 218, south of Highway 1, legaily described as follows: BEG AT A POINT N 89° E 1135.7' FROM THE CENTER OF SEC 20 T79N, R6W ON THE S LINE OF SAID SW NE, N 39° E. 180.9', N 30° E 140.4' TO EAST LINE OF SAID SW NE, S 0° E 258.0', ALONG EAST LINE TO SOUTH LINE OF SAID SW NE, S 89° W 188.3' ALONG SOUTH LINE TO THE POINT OF BEG, which is .51 acres, more or less, identified as Johnson County, Iowa parcel #1020159001; and COM SW COR SE NE E 194', N 649'C, SW 330', S 412' TO beg EX. Land con. veyed to City of I.C. in 2727-90 (survey 41-75), which is 1.47 acres more or less, identified as Johnson County, Iowa parcel #1020176007. 2. Owners acknowledge that the City wishes to ensure a minimum amount of j entranceway aesthetics as properties i fronting on Highway 1 are developed. 3. In consideration of the City's rezon- ing the property from RS, Suburban Residential, Rt -A, Urban Residential, and C2, Commercial, to CH -1, Highway Commercial, the Owners agree that any development of the property shall Incor- porate the following site design stan- dards: a. A minimum setback of 30 feet from the Highway 1 right-of-way shall be land- scaped. No parking or paving, other than a sidewalk or trail, shall be permitted in this 30 -foot setback. b. No outdoor storage of materials or merchandise within 100 feet of the Highway 1 right-of-way shall be permitted. This does not apply to outdoor display of motorized vehicles, such as automobiles and trucks. C. Signs, it Illuminated, must be inter- nally Illuminated, in order to minimize the chance of upward turning lights being used on the property. 4. Owners agree that the site develop- ment and site plan of the property shall reflect these conditions. 5. Owners acknowledge that the con- ditions contained herein are reasonable conditions to impose on the land, and under Iowa Code 414.5 (2001), and that said conditions satisfy public needs that are related to the zoning change. 6. Owners acknowledge that in the event any portion of the subject property is transferred, sold, redeveloped, or sub- divided, all development and redevelop- ment will conform with the terms of this Conditional Zoning Agreement. 7. The parties acknowledge that this Conditional Zoning Agreement' will 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 running with the title to the land unless or until released of record by the City. The parties further acknowledge that this agreement will inure to the benefit of and bind all successors, representatives, and assigns of the parties. 8. Owners acknowledge that nothing f in the Conditional Zoning Agreement will be construed to relieve the owner from complying with all applicable local, state and federal regulations. 9. The parties agree that this Conditional Zoning Agreement will be incorporated by reference into the ordi- nance rezoning the subject property and that upon adoption and publication of the ordinance, this agreement will be record- ed in the Johnson County Recorder's Office. Dated this 30th day of April, 2003. OWNER' CITY OF IOWA CITY s/Rick Jirsa By: s/Emest W. Lehman, Mayor s/Mark Mitchell Attest: s/Marian K. Karr, City Clerk 45002 August 27, 2003 ' t 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. 03-4096 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 9th day of September, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on September 17, 2003. Dated at Iowa City, Iowa, this 3rd day of October, 2003. Jule . oparil Deputy City Clerk 14 a 1 3 410 EAST WASHINGTON STREET • IOWA CITY. IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356.5009 ;i 0 OFFICIAL PUBLICATION ORDINANCE NO. 03-4096 Printers Fee $_2 ! . y CONSIDER AN ORDINANCE AMENDING TITLES, _. [' "POLICE REGULATIONS CHAPTER 8, "POLICE CITIZENS ._ CERTIFICATE OF PUBLICATION REVIEW BOARD", SECTION 8 ENTITLED"BOARD COMPOSITION STATE OF IOWA, LIMITED POWERS OF BOARD", TO PROVIDETHAT PE EEOFFICERS , JOHNSON COUNTY, SS: EMPLOYED AS SUCH BY THE CITY OF IOWA WITHIN THE IOWA CITY PRESS -CITIZEN CITY FIVEYEARS APPOINTMENT DATE SHALL � r; NOT. O NOT BE APPOINTED T0THE BOARD. FED. ID #42-0330670 WHEREFORE, Section 8-8-8 of the City Code provides that appointments to the,' 'n I, Police- Citizens Review <Board shall include one current or former "peace offi- Linda Krotz, being duly sworn, say cer" as that term is defined by state law; and r •c ' =` = that I am the legal clerk of the IOWA WHEREAS, due to the appe Conce il .conflict of Interest, the 'Cit .Counn cil r . CITY PRESS -CITIZEN, a newspaper desires to amend the ordinance to pro - vide that a peace officer employed as published in said county, and that a such by the City of Iowa City within five < years of the appointment date shallnot notice, a printed copy of which is be appointed to the Board: NOW, THEREFORE, BE IT ORDAINED_ hereto attached, was published in BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: per said a time(s), the p --1� �' SECTION I. AMENDMENT. Subsection All) of Section 8-8.8 of the City Code is following dates): hereby deleted and the following substi- tuted in lieu thereof:. A. Board Composition:. t �, Q D ley, l i. The board shell consist city five (5) members appcinted by the city ' ' council, who shall be Iowa City eligible electors and shall serve without compen- sation. The city council shall strive 'to appoint members who represent the diversity of the community. Appointments to the board shall include one current or Q former peace officer' as that term is Legal Clerk defined by stale law except that a peace officer employed as such by the Cdy of: Subscribed and sworn to before me Iowa City within five years of the appoint- Ment date shall not be appointed to the f thisI -Z M day Board. The city council reserves the right for of to waive the residencyrequirement j A.D. 20 C� 3 good cause shown: The city council also reserves the right, for good cause shown, to waive the requirement that the board Include one current or former peace offi- . cert.. SEC'iION IL REPEAI_.;R.I All ordi- ' r�E Notary Public nances.and parts of ordinances in con- flit[ with the provisions of this Ordinance [ t rt `[ 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 a -shall -not affect.�the validity af•the." ORLENE MAHER commission Number 715154 t Ordinance as a whole or any section; provision or part thereof not adjudged ;- My Commission Expires .invalid or unconstitutional. April 2, 2005 SECTION IV. EFFECTIVE DATE. This -. R , Ordinance shall be:ineffect after its final_,,' ,passage, approval and publication; as Pro videdbylaw. _ Passed and approved this "9th day of September, 2003.- Is/Ernest W. Lehman, Mayor Attest Is/Marian K: Karr, : City Clerk 45274 'September 17 2003; tel• 1 G ��:L:.'.,�'".' h$ �• �. ': ,. f�;�+r^S•.. .V.:^ } ...".' 1 3u. t -.. L `�-•,-mPx1� �y�'''w':` tl. p� ' . ,. .: .... ... :._-..,..'_-. ..... ;.. ... ...- rte+=' '.M�..._ IIIMwhh ®� City ®f e 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. 03-4097 which wasP assed by the City Council of Iowa City, Iowa, at a Council meeting held on the � 23rd day of September, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on October 1, 2003. Dated at Iowa City, Iowa, this 13th day of November, 2003. K. oparil Deputy City Clerk s; i i i 5 i C3,a. I t� G'. l I i �t 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 ;a S iQ �7��n,.'2iS .. 7.-, .:; -yrs +%a•.wa — � - At'p i' Printer's Tee $ O S • L4 a p r rl the approximately 5.69-acre pro art from RS -5, Low Density;5ingle-Family Residential, to RM -12, Low Da Petty Multi t Family Residential; and,; WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions ensuring that any CERTIFICATE OF PUBLICATION future development of the property is In of accordance with the design policies of i the Southwest District. Plan, the proposed STATE OF IOWA, rezoning is In conformance with the JOHNSON COUNTY, SS: the Comprehensive hensivtrict Plan. and is?pen of the Comprehensive Plan; and - WHEREAS,' Iowa Code §414.5`(2001) THE IOWA CITY PRESS -CITIZEN provides that the City of Iowa City may impose reasonable conditions on granti- FED. ID #42-0330670 ng an applicant's rezoning request over I, Linda Krotz, being duly sworn, say that I am the legal clerk of the IOWA CITN' 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 Legal Clerk Subscribed and s t before me this AAday of m= 2003 Notary Public ORLENE MAHER F Commission Number 715848 My iCommssion Expires ow. Apri2, 2005 OFFICIAL PUBLICATION ORDINANCE NO. 034097 s .AN ORDINANCE CONDITIONALLY' REZONING 5.69 ACRES FROM LOW DENSITY SINGLE-FAMILY RESIDENTIAL (RS -5) TO LOW DENSITY MULTI:FAMILY RESIDENTIAL (RM -12) LOCATED AT. 1 1715 MORMON TREK BOULEVARD. i WHEREAS, All Nations Baptist Church, is the owner and title holder of approxi- mately 5:69 acres of property located at 1715 Mormon Trek Boulevard; and . WHEREAS, the applicant, Jong Koo , Lee, on behalf of All Nations, Baptist '; Church, has -requested the rezoning of ; and above existingregulations, In Iorder.` to satisfy public needs directly caused by the requested change; and WHEREAS, the owner and applicant acknowledge that certain conditions and restrictions are reasonable to ensure that the development of'the property is In general accordance with the nelghbor hood design policies:. of the. Southwest District Plan; and WHEFtEAS, the owner and applicant have agreed .to use this_ property'in' accordance with the terms and (condi- tions of a Conditional Zoning Agreement to ensure that the labove•ieferenced - Comprehen sive Plan policies are addressed.._ -.. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE'CITY = of IOWA CITY,iOWA: -SECTION t 'APPROVA - Subject to the: terms' .and conditions of the Conditional Zoning Agreement, attached hereto and Incorporated herein, The prop. arty, described below is hereby reclassi- fied from Its current designation of Low ! Density; Single -Family Residential (RS -5) -j to' Low Density Multi -Family Residential ; (RM -12):. - - ! BEGINNING AT THE: NORTH- EAST CORNER OF THE, NORTH- WEST%- QUARTER:; OF THE '! NORTHWEST 'QUARTER OF SECTION 20, TOWNSHIP ' 79 1! NORTH, RANGE 6 WEST OF THE FIFTH ' PRINCIPAL MERIDIAN; THENCE 'S00'20'30 -W A RECORDED::. BEARING; 532.40 y FEET ALONG THE EAST LINE. OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER 1: TO A POINT -ON THE NORTH- EASTERLY RIGHT OF. WAY LINE. OF THE RELOCATEDPRIMARY " ROAD U.& HIGHWP.Y:: NO. 218; THENCE` N47'47'007W,` ALONG ' SAID NORTHEASTERLY; RIGHT - OF. WAY LINE,.951.00 FEET THENCE N83 41 55 E,' 677 32 FEET TO A:.-OOINT.'ON THE WESTERLY RIGHT OF•WAY LINE OF. MORMONTREK ROAD (ALSO r SECTION II. 70NING MAE . The Building Inspector is hereby authorized and directed to change the zoning map of ! the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordi- nance by law. .-SECTIONIII CONDITIONAL ZONING AGREEMENT. Following -final passage ...and. approval of this ordinance, the . Mayor is, hereby authorized and directed to, sign,' and City.' Clerk to attest,. the Conditional Zoning Agreement between the property owner and applicant of the i 5'663 acre property requested for rezon- .� RECORDING. Upon'. passage and i approval.of the Ordinance, and after axe- cution of the :Conditional Zoning .! Agreement, the; City' Clerk Is hereby authorized and directed to certify a copy, ofAhis ordinance:;and the Conditional Zoning: Agreement and to record the, - same at the . office , of the County Recordercf Johnson County, Iowa, at the owner's expense, ell as provided by law. SECTION _ REPEALER , All :ordi- : nances and pads of ordinances in con- Ilict with -the provision of this ordinance;' are hereby repealed. : ,,.SECTION VI.' SEVERABILITY If any. !. section; provision or part of this ordi- nance shall be adjudged to be invalid or unconstilutional, 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., This ordinance shall be In effect after, its final passage, approval'and publication, as required by law. , Passed and approved this 23rd day of September, 2003:: /s/Emest W. Lehman, Mayor Attest: /s/Matian K: Karr, City Clerk.' CONDITIONAL ZONING AGREEMENT' THIS AGREEMENT is_madeby and betweenthe City Iowa City, Iowa, a municipal corporation (hereinafler'City"), All Nations Baptist Church (hereinafter 'Owner" and Jong Koo Lee representing All Nations Baptist Church (hereinafter "Applicant"). WHEREAS, Owner is owner end legal title holder of approximately 5.69 acres of property located at 1715 Mormon Trek Boulevard; and WHEREAS, the Applicant has request - ad the rezoning of the, approximately 5.69 -acre' property` from RS -5; Low Densly Single -Family Residential, to RM -12, Low Density Multi-Famlly Residential; and WHEREAS, the Planning and Zoning Commission has determined that. with appropriate conditions ensuring that any future redevelopment of the property iSM aco ordance, ,with the design policies of ; the Southwest District Plan; the proposed rezoning is in conformance' with the Southwest District Plan, which Is part of the Comprehensive Plan; and WHEREAS,' Iowa Code §414.5.(2001) provides that the City :of Iowa may. Impose reasonable conditions on'granli to satisfy public needs directly caused by the requested change; and WHEREAS, the•Owner"and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure that the: development of the property; is in general accordance with the neighbor hood design policies of the (Southwest District Plan* and: WHEREAS; the Ownerand`Applicant have agreed to use: this property Iin: accordance with the terms rand'.condl-, .tions cf a'Conditional Zoning Agreement, 10 ensure that: the above -referenced Comprehensive . Plan :policies are: addressed. ' NOW, THEREFORE; In consideration of the mutual promises contained herein;; the Parties agree as follows: 1. AIC Nations Baptist Church is, the, owner and legal title holderpf,the proper- ty legally' described as follows:- BEGINNING AT THE NORTHEAST ;. CORNER:OF THE .NORTHWEST a QUARTER OF THE. NORTHWEST - QUARTER:> ,OF SECTION' 20, TOWNSHIP 79 NORTH; RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN: THENCE 800'20'30"K`I A'RECORDED BEARING,'532.40. FEET ALONG THE EAST LINE OF SAID NORTHWEST- QUARTER OF:' THE NORTHWEST >QUARTER TO : A POINT ON THE NORTHEASTER- LY RIGHT OF WAY LINE.OF THE r! RELOCATED PRIMARYROAD U.S. HIGHWAY: NO. 218;,;THENCE N47°47'00"W; ALONG, SAID NORTHEASTERLY RIGHT OF WAY '! LINE; - 951,00: FEET; THENCE N83°41'55 -E, 677.32 FEET TO.A POINT ON THE WESTERLY RIGHT' OF WAY LINE OF MORMON TREK ROAD (ALSO KNOWN AS MOR- MON TREK BOULEVARD);' THENCE' S00°24'00"E ALONG SAID RIGHT OF WAY LINE 180.94 FEET TO A POiNT ON THE NORTH li LINE, OF:: SAID ;NORTHWEST :. QUARTER; THENCE ..S89°57'38 E, +; ALONG SAID NORTH LINE, 33.00 : FEET TO THE4 POINT., OF BEGIN- NING. SAID -TRACT OF=LAND CONTAINS 5.69 ACRES MORE OR LESS AND IS SUBJECT TO EASE- MENTS AND; RESTRICTIONS OF RECORD_ 2:. Owner and Applicant acknowledge that the. City wishes *to ensure appropri- ate residential development that generaP ly, conforms; tothe..neighborhood: design policies, contained within the Southwest District Plan: Further, the`. ,Parties acknowledge 'that Iowa `• Code? §414.5 (2001) provides that the City of Iowa City may impose reasonable conditions on 'granting an applicant's rezoning request,' over and above the existing regulations,., in order to'satisfypublic needs directly: caused by the . requested changes Therefore, Owner and Applicant agreo to, certain conditions'overand above City, regulations as detailed below 3.' Inconsideration of the City's rezoning`; the, subject . property, Owner and: Applicant agree that anv future redevel- ditions: a) A :7 plan -'esta the rede futur b)'A P Ove api Val Prop 4. Thr aolmowl talned h to'Impoa §414.5 ( satisfy p the regu 5. The acknowh Property bped,':or will . con Condidoi .'6.'The Condhiol deemed the land unless o ": City: of Ic in. lncorp nance that u; ordina record Recon Date 2003:: Attest: as IS for residential Use in the ad: Davelopment;Housing: (OPDH) =plan shall' be prior to any future residen velopment of'the subject vner, Applicant and 'City:, that the _ conditions con - he terms on- he'.terms of Phis reement. iowledge,that this greement 'shall be anantrunning with`. 3`tide. to ;this land,, og nt er: Ili--. IS. ds 0 iw 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. 03-4098 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 23rd day of September, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on October 1, 2003. Dated at Iowa City, Iowa, this 13th day of November, 2003. Julie oparil Deputy City Clerk 410 EAST WASIIINGTON STREET • IOWA CITY. IOWA 52240.1826 • (3 19) 356-5000 • FAX (319) 356.5009 Printer's Fee $ • ? CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED. ID #42-0330670 I, Linda Krotz, 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 I said paper ._ time(s), on the fol owing date(s): a Legal Clerk Subscribed and sw to before me this � day of A.D. 20 0 3 . Notary Public ORLENE MAHER Commission Number 715848 My Commission Expires owc April 2, 2005 OFFICIAL PUBLICATION ORDINANCE NO. 034098 ORDINANCE REPEALING TITLE 6, "PUBLIC HEALTH AND SAFETY". CHAPTER 1,"N S." SECTION 2'P" PUBLIC NUISANCE DEF{NED; UBLIC NUISANCES ENUMERATED"; SUBSECTION (0), "VEHICLES ILLEGALLY PARKED, STORED, PLACED, OR KEPT ON PRIVATE PROPERTY" WHEREAS, the City Council believes it is In the public interest to repeal Section 6-1-2(0) of the City Code, regarding,, vehicles illegally parked, stored, placed, or kept on private property; NOW, `'THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: cECTION I AReGt�pM NT. Section 6-1.2(0) of the . City Code is hereby repealed with subsequent subsections to be relettered accordingly. SFXjION 11 _ REPEALER. All ordi nances and parts of ordinances in con- flict with the provisions of this Ordinance are hereby repealed` C GRABILITY. If any -CTI II' section, provisl01 or part of the ordinance shall be adjudged to be invalid or unconstitutional, such adjudication I shall not affect the validity of the Ordinance as a whole or'any section, provision 0. part thereof not adjudged Invalid or unconstitutional IVE__DATE•- cFrTION IV` This Ordinance shall a in effect after its final passage, approval and publications as provided. by law. Passed and approved this 23rd day of September, 2003. /s/Emest W. Lehman, Mayor Attest: /s/Marian K. Karr, City Clerk 49752 .October 1, 2003 j S A f3 Fes. i i0 i'k Q i i\ 41; e c, t 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. 03-4099 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 14th day of October, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on October 22, 2003. Dated at Iowa City, Iowa, this 13th day of November, 2003. Julie K. it Deputy City Clerk OFFICIAL PUBLICATION I -- 2 Printer's Fee $ a ORDINANCE NO 03 A099 ORDINANCE REZONING APPROXI- J MATELY &T: ACRES„FROM INTERIM I t: DEVELOPMENT (ID -RS) T6 SENSITIVE ITY AREAS LOW.. LLOCAE �. CERTIFICATE OF PUBLICATION D ON SINGLE-FAMILY (OSA 5STER ROD . THE WEST SIDE OF FOSTER ROAD.� ?; STATE OF IOWA , WHEREAS; the Owner;'K G Bird; 1 j LLC: has requested that the City rezone JOHNSON COUNTY, SS: approximately, 8.7 acres of tend located on, i THE IOWA CITY PRESS-CITIZENOovelopment;(i,D=Rs) the west side of Foster Road from Interim td SeriSltiva Areas '7 r FEU. ID #42-0330670 „Overlay: Low Density Single Faniliy (OSA-5); and t WHEREAS; the propeoswV ontalns the steep slopes; critical slopes, protected slopes' woodlands: and a grove of tress; I, and •, :, :. WHEREAS ;the Sensitive Areas Linda Krotz, being duly sworn, say Overlay: Development Plan piovides, tor, that I am the legal clerk of the IOWA the creation of an Oudot to bsidedlcated to - the City, 16 order to preserve muco of the CITY PRESS -CITIZEN, a newspaper woodland and regulated slopes and.,:”. ' WHEREAS,,''the Sensitive Areas; ri published in said county, and that a Development Plan' includes atree protec-' alonPhinthatwillprovidefortha rotection S, notice, a printed copy of which isand of a grove of trees located within the = f `iclu ais Areas, hereto attached, was published in pH ant a estSen Davelo moot Plan includes the removal of, said paper 1 time(s), on the a portion of the ,woodlands,:in torder.tol allow the construclion'of White Oars Place ± following date(s): and buildingsues; and WHEREAS ,a the Sensitive Areas, Development Plan., provides replace- ; vim+ ment trees that will be planted:to compen-; 2 sate for; portions of the -removed wood. lands'according lo` the ,specifications .of the Clty Forester: and WHEREAS, ;the Planning and Zoningi'Commiesion has :reviewed?the 4 -Sensitive ,.Areas' -;Development- Plan, including the proposal to remove a portion of the woodlands and Legal Clerk WHEREAS the Planning and Zoning Commission has determined Ahat Subscribed andSo before me removal of a portion of the woodlands will make it more,teasible fopreseive: the r large oak and hickory trees located on the this aa_v �Lday of property. and `; A.D. 2O_.Zoning;:Commisslon ,WHEREAS, the : Planning, and has recommended approval of the; rezoning and,: Sensitive Areas`pevelo Plan NOW,'. THEREFORi" BE IT Y.TH ORDAINED BY:THE CITY COUNCIL OF Notary Public THE CITY OF IOWA CITY , :: " SECTION L APpk&} (. The;fol- lowing property is hereby_ rezoned, from ID -RS-,' ; to„ OSA-S; and- tFie:;assoclated Sensitive Areas` DevelolomeW Plan. and Tree Protection Plan is hereby approved; Auditort:Parcel 95079, m,accor- dance with the Plat thereof, recorded in a' t •�ORLENE MAHER Commission Number 715840 Book 35, at page 267 of the records of the • p Johnson County,Recorder's'.Office. Said r. My Commission Expires Parcel contains 8.70 acres; and is subject s orr> April 2, 2005 to easements and restrictions of record.'; ' The City Clerk is hereby authorized to record 'the Sensitive Areas ra Ott ^tet• Development Plan and Tree,: Protection Plan In the office of the Johnson County, RecordoratIhb Owners expense i ••SECTION Ili' ZONING. MAP i The Building Official is hereby. authorized and (r� directed to change the zoning map of, the F City -of, City, Iowa to conform to this 'amendment upon final passage approval, t C; and publicatlon of this ordinance as pro - k a. yided by. law. $FCTION III: REPEALER. All ordi- nances and parts of ordinances in conflict with the provisions of this Ordiranci are a hereby repealed.` BEVFRABILITY ,SECTION IV... if r��t env section, prov!sion' ar-part of the Ordlnanco shall be adjudged to biiInvalld or, unconstitutional such, adjudication ,yr sha11 not affect ,-.the'.- Validity of the Ordinance as a whole or anysecfion, pros�Te vislon or part thereof not adjudged invalid s or.unconsfitutionel: SECTION V.- EFFECTIVE DATE: q; -. This`Ordinance shall be in effect after its Anal passage, approval and'publicsfion; as provided by, taw. Passed and approved this 14th day rf, of October, 2003.' — " - s/Emest W Lehman Mayor..; Attest: sMtarian K Karr, City Clerk „�� 49828 OrtoGer 22 2003 n r Au Z �,x�{t_. N:. 1 V •>_.. r. s^'w 4,::. .J. yam' - '. ,....'\ .. -. _ µ 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. 03-4100 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 28th day of October, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on November 5, 2003. Dated at Iowa City, Iowa, this 9th day of December, 2003. k � 5 li Voparil Deputy City Clerk I _ • i b 11 Printer's Fee $ 9 L. CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED. IID #42-0330670 I, Linda Krotz, 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 I time(s), on the following date(s): i Legal Clerk Subscribed and sworn to before me this qday of A.D. 20 n --?� . 1n\_U� Notary Public Will ORLENE MAHER Commission Number 715848My Commission Expires Aprll2, 2005 I, OFFICIAL PUBLICATION ' ORDINANCE NO.034100 ORDINANCE AMENDING TITLE 3,':; "CITY, FINANCES;': TAXATION AND FEES," CHAPTER 4, "SCHEDULE :' OF^: FEESRATES, CHARGES,:' BONDS,`, FINES, AND. PENALTIES" SUBSECTION 7, "PARKING VIOLATIONS OF THE CITY CODE70' INCREASE MONTHLY PARKING PERMIT =FEES FOR CITY 'I EMPLOYEE LOT PERMITS WHEREAS,.the'City Council,recentiy.II amended Title 3,'Chapter 4, Subsection 7;, and WHERIEAS, said amendment should also have Included an Increase in fees for City employee lot permits. NOW, THEREFORE, BE IT ORDAINED BY THE CITYCOUNCIL' OF THE CITY OF IOWA CITY, IOWA: SECTION 1. Section 3-4-7•".Title 3, - Chapter. 4; : Subsection" 7. Parking Violations of the Iowa City Code of Ordinances should be and, is hereby i amended by adding a new designation in Section 3-4-7, under"Fees for parking In_ city parking lots", to read as follows: Description Of Fee, Charge, Bond, Fine Or Penalty Amount of Fee, Charge, Bond, Fine or Penalty City employee lot permits, per, month half-price of regular. lot fee' .- `SECTIONILLR EFnira 'Alf'ordi nances and parts of ordinances In conflict with the provi-sions of this Ordinance are hereby repealed. SECTION III V RAall_la ,'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 whole or any section; pro- vision or part thereof not adjudged invalid or unconsti-tutlonal. . ' SECTION IV ` FF TIVG Dom, This Ordi-nance shall be in effect after its final passage, approv-al and publication, as provided by Jaw. Passed and approved this 28th day of October, 2003. s/Ernest W. Lehman, Mayor Attest: s/Marian K Karr, City Clerk. I 49897 November 5, 2003 �l 5 t F 0 i vs ® City ®f 4%rZA 411� 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. 03-4101 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 25th day of November, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on December 3, 2003. Dated at Iowa City, Iowa, this 9th day of January, 2004. `\ �CVa' Julie lZ.-!%oparil Deputy City Clerk 410 EAST WASIIINCTON STREET • IOWA CITY, IOWA 52240-1 826 . (3 19) 356-5000 • FAX (3 19) 356.5009 G3 .V. � aka Ml'1y"• .}"7� wsy/, 7�n y:;.-ss-�rmn rg. y„�.a .�,�ea. < _ -`s�.rY _ 4 c:. M- l Printer's Fee $ ,�O .7 a. CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITE' PRESS -CITIZEN FE®. ID #42-0330670 I, Linda Krotz, 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 I time(s), on the following date(s): JP_C_2vv Y�2 r �)aQQ 3 ,,7z_AL'4!2e Legal Clerk Subscribed and sworn to before me this _day of 100e A.D. 20 n S Notary Public ypa io ORLENE AHER �. Commission Number 715848 , My Commission Expires can Apr112, 2005 OFFICIAL PUBLICATION r ORDINANCE NO: 03.4101 AN ORDINANCE VACATING A POR-! ?ION OF THE ALLEY LOCATED TOTHE EAST OF 512 S. DUBUQUE STREET. . . WHEREAS, the applicant; University View Partners; has requested that the City vacate the unbuilt portion of an alley right-of-way located to the east of 512 S. Dubuque Street; and WHEREAS, the said right-of- way isnot used by abutting properties for vehicular or pedestrian acce s; and WHEREAS the City has no pians to develop the right of way for street access- and WHEREAS (t is,in the CItys,t Interest to vacate and dispose of pubIld I right-, of -way, or portions thereof, that will not be used for public access; and WHEREAS; the Planriing and-• Zoning Commission recommended vacs` tion of this right-of-way subject to ,the retention of any necessary utility ease- ments and the conveyance of the ;right -of- way being approved concurrently with the approval. of the ordinance vacating . the,' alley. BE IT ORDAINEDNB,YYTHE'CITY O THEREFORE, CILOF THE CITY OF IOWA CITY, IOWA:.- ------ OWA - VAr`, Tr . Subject to the retention of any necessary utility sasements and the conveyance of the right-of-way being approved concur- rently with approval of the'0rdinance'I vacating the alley, ,the City: of. Iowa City hereby vacates the rightof-way, legally described as follows: THE SOUTH 68.00 FEET OF THE PLAT TED ALLEY BETWEEN AND ADJACENT TO LOTS 2 AND 7; BLOCK' 9;' COUNTY i SEAT ADDITION; JOWA'CITY, IOWA, CONTAINING'` APPROXIMATELY :0.03 ACRES AN D. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION it RFP AI R. Ail ordinances and parts of ordinances in con flict wilh'lhe provision of this Ordinance' are hereby repealed;; $EC�TIONIII. VpgABILiTY a If any section, provision or part of .the Ordinance shall be adjudged to be invalid <' or unconstitutienal,'such adjudication shall not affect the valfdity:of the Ordinance as - a whole or any section, provision or part thereof not adjudicated invalid or unconsti- tutional. --REGIMN: IV FIEF TI c ME.' This Ordinance shall be in effect ;a r itsYinai passage; approval and publi- cation, as provided bylaw. Passed and approved [his 25th day of i November, 2003. s/Emest W. Lehman i Attest: "arian K. Karr, City Clerk 'I 50341 December 3, 2003 Printer's Fee $ ,�O .7 a. CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITE' PRESS -CITIZEN FE®. ID #42-0330670 I, Linda Krotz, 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 I time(s), on the following date(s): JP_C_2vv Y�2 r �)aQQ 3 ,,7z_AL'4!2e Legal Clerk Subscribed and sworn to before me this _day of 100e A.D. 20 n S Notary Public ypa io ORLENE AHER �. Commission Number 715848 , My Commission Expires can Apr112, 2005 OFFICIAL PUBLICATION r ORDINANCE NO: 03.4101 AN ORDINANCE VACATING A POR-! ?ION OF THE ALLEY LOCATED TOTHE EAST OF 512 S. DUBUQUE STREET. . . WHEREAS, the applicant; University View Partners; has requested that the City vacate the unbuilt portion of an alley right-of-way located to the east of 512 S. Dubuque Street; and WHEREAS, the said right-of- way isnot used by abutting properties for vehicular or pedestrian acce s; and WHEREAS the City has no pians to develop the right of way for street access- and WHEREAS (t is,in the CItys,t Interest to vacate and dispose of pubIld I right-, of -way, or portions thereof, that will not be used for public access; and WHEREAS; the Planriing and-• Zoning Commission recommended vacs` tion of this right-of-way subject to ,the retention of any necessary utility ease- ments and the conveyance of the ;right -of- way being approved concurrently with the approval. of the ordinance vacating . the,' alley. BE IT ORDAINEDNB,YYTHE'CITY O THEREFORE, CILOF THE CITY OF IOWA CITY, IOWA:.- ------ OWA - VAr`, Tr . Subject to the retention of any necessary utility sasements and the conveyance of the right-of-way being approved concur- rently with approval of the'0rdinance'I vacating the alley, ,the City: of. Iowa City hereby vacates the rightof-way, legally described as follows: THE SOUTH 68.00 FEET OF THE PLAT TED ALLEY BETWEEN AND ADJACENT TO LOTS 2 AND 7; BLOCK' 9;' COUNTY i SEAT ADDITION; JOWA'CITY, IOWA, CONTAINING'` APPROXIMATELY :0.03 ACRES AN D. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION it RFP AI R. Ail ordinances and parts of ordinances in con flict wilh'lhe provision of this Ordinance' are hereby repealed;; $EC�TIONIII. VpgABILiTY a If any section, provision or part of .the Ordinance shall be adjudged to be invalid <' or unconstitutienal,'such adjudication shall not affect the valfdity:of the Ordinance as - a whole or any section, provision or part thereof not adjudicated invalid or unconsti- tutional. --REGIMN: IV FIEF TI c ME.' This Ordinance shall be in effect ;a r itsYinai passage; approval and publi- cation, as provided bylaw. Passed and approved [his 25th day of i November, 2003. s/Emest W. Lehman i Attest: "arian K. Karr, City Clerk 'I 50341 December 3, 2003 7 G 7 q$3tly '9 City of� 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. 03-4102 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 2nd day of December, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on December 10, 2003. Dated at Iowa City, Iowa, this 9th day of January, 2004. Julie K Aldi%aril Deputy City Clerk { i 410 EAST WASHINGTON STREET • IOWA CITY. IOWA 52240-1826 • (319) 356-5000 FAX (319) 356-5009 ' '4 1 1 Printer's Fee $ a"). 3� • - ? CERTIFICATE OF PUBLICA'T'ION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CI'T'Y PRESS -CITIZEN FED. ID #42-0330670 1, Linda Krotz, 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 I time(s), on the following date(s): )4) P -()n3 Legal Clerk Subscribed and sworn to before me this day of n�� •.s1,a� A.D. 20 () Notary Public ORA1A LE i."NNHE Commda umber 715548 My CarF Apr 12'20QpIMa 971:' 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. 03-4103 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 2nd day of December, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on December 10, 2003. Dated at Iowa City, Iowa, this 9th day of January, 2004. \` V2M�__a Julie X—Vdpa riI Deputy City Clerk 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 - FAX (3 19) 356-5009 f OFFICIAL PUBLICATION Publish 12/10 O Printer's Fee $ �D O ORDINANCE NO. 034103. AN ORDINANCE CHANGING THE ZON- f ING DESIGNATION OF APPROXIMATE- _Y 13,500 SQUAREFEET`FROM CEN- T IAL BUSINESS. DISTRICT: (CB -2),-70 i \ CERTIFICATE OF PUBLICATION PLANNED HIGH DENSITY,.RESIDEN- TIAL (PRM), LOCATED AT 512 ; STATE OF IOWA, IT DUBUQUE STREET SOUTH OF COURT j JOHNSON COUNTY, SS: STREET, WHEREAS; the applicant, University View" Partners, has requested that said THE IOWA CITY PRESS -CITIZEN property be rezoned from CB -2, Central FED. 111) #42-0330670 Business ;District Service, to PRM.: Planned High Density Residential; and d pz WHEREAS, the proposed zoning' change conforms with the Near Southside Neighborhood Redevelopment Plan; and .' I, WHEREr S1 -•he proposed rezoning' Linda Krotz beingdui sworn say y , yf R . •o an zoneexistng Planned is located Density High Dens!ty Reslaential zone; and F ' that I am the legal clerk of the IOWA g WHEREAS. the ' Planning and Zoning Commission recommended CITY PRESS -CITIZEN, a newspaper roposed rezo aPp�aNOW theTHEREFORE rnn BE .IT COUNCIL OF 0 - published in said county, and that a published ORDAINEDBY THE CITY . THE CITY OF IOWA CITY, IOWA: notice, a printed copy of which is . SECTION I.- APPROVAL. The prop - erty described below Is hereby reclassified hereto attached, was published in from its sines classification of ce-z, I Central Business OistricCService, to PRPA, " paper �_ time(s), on the Planned High Density Residential. Lot 7 and the South 10 feel of Lot 6,in • said following date(s): Block 9, in that part of Iowa City, Iowa, County Seat y laid off as the of Johnson•; er �(� ��(� 3 County, Iowa; according to the plat thereof j recorded in Book 1, Page 253,: Deed ; �� • Records of Johnson County,' Iowa. s -SEQTION IL ' ZC.NING MAP:The'�' Building 'Inspector Is hereby authorized r a 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 4 as provided by, law. - Legal Clerk •' ,SECTION III: CERTIFlCATIONAND- - ! Subscribed and sworn to before me RECORQING.:' Upon passage and approval t the ordinance, the CtClerk is ;i this L da of - Q �� _A y hereby authorized and directed too certify a copy of this ordinance and to record the the County Recorder same at office of the A.D. 20 —LL.�.2—• of Johnson County, Iowa. all as provided by taw. ... __ _.. g SECTION IV." REPEALEB, All ordi- 5 \ nances and parts of ordinances Inconflict )1LJ�i 1 f this art', with the provisions of Phis Ordinance are Nota PUbI1C hereby repealed.` SECTION V, SSEVERABILITY.Ifany l u� 3� section, provision or part of the Ordinance be to be invalid shall adjudged or uncon-• stltutional, such adjudication shall :nota �. affect the volidity,of the Ordinance as a whole or any section, provision'or. part ate' ORLENEMAHER Number 715848 thereof, not adjudged invalid orunconsfi : tutional.' - € > �, Commission SECTION VI. EFFECTIVE DATE, ,. My Commission Expires April 2, 2005 This Ordinance shall be in affect after its Tinel E w, passage; approval and publication, as > provided by, law.. ; t Passad and approved this 2nd day., of December, 2003. s/Emest W. Lehman; Mayor,.i _ Attest: slMarian K. Karr, City Clerk i 45056 December 10, 2003:!! Ts oi , n 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. 03-4104 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 16th day of December, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on December 24, 2003. Dated at Iowa City, Iowa, this 9th day of January, 2004. Julie' paril Deputy City Clerk 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 s FAX (319) 356-5009 i S ig Printer's Fee $ 1 r) • C) ;I - CERTIFICATE OF PUBLICATION STATE OF IOWA, .JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED. ID ##42-0330670 I, Linda Krotz, 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_1Pe evr`�-er aq y `�_UO 3 Legal Clerk Subscribed and sworn to before me this _aL Imo- day of A.D. 20 () ?. Notary Public F-WITC ORLENE MAHER ommission Number715848 My Commisslon Expires April 2, 2005 r !t r repealed. _ 9 SECTION III SEVERABILITY If any' $' OFFICIAL PUBLICATION'_' ORDINANCE N0: 03-4104 AN ORDINANCE AMENDING THE CITY_ CODE TiTLE10, "PUBLIC WAYS'; CHAP- TER 3: "COMMERCIAL USE OF'SIDE= WALKS",: SECTION3, "USE OF SIDE- WALK' CAFES" TO CONTINUE TO ALLOW . ALL SIDEWALK CAFES TO OPERATE UNTIL 12:00 MIDNIGHT. WHEREAS, On July 2.:2002, the City Council amended .Ahe i City's ordinance' establishing hours of operation of sidewalk cafes with existing alcoholic beverages: licenses to12:00midnight; 'and ,`' WHEREAS, said amendment had a "sun I ser clause automatically, repealing the amendment on <December 31, 2003, unless reenacted by the City Council. NOW, THEREFORE; BEIT ORDAINED BY.THE CITY COUNCIL OF THE CITY`' OF IOWA CITY, IOWA: -. - .SECTION 1. AMENDMENT. Title 10, entitled "Public Ways",. , Chapter 3, 'Commercial Use''of .Sidewalks", Section 3, "Use For Sidewalk Cafes", Subsection (C);. -°Days and Hours of Operation". S6bpa6agaph'3 ls'hereby repealed and replaced with the following language: Sidewalk cales,shall beset up and oper- ated each day only between the hours of . seven ' o'clock (7:00), A.M.:' and twelve o'clock (i 2:00) midnight, and restored to a normal pedestrian walkway at all other times. SECTION1j, REPEAL ER. All ordinances and parts of ordinances in conflict with the 0 provisions of this „Ordinance are hereby repealed. _ 9 SECTION III SEVERABILITY If any' $' section; provision or part of the Ordinance x shall be adjudged to be invalid or uncon- r stitutienal : such'_ adjudication' shall not affect the validity of the Ordinance;as•a 'section, whole or any provision or, part 1 thereof not adjudged invalid or uhconstitu- t' tional: S CTIOF _ N I�FF,QIIVE DA1E,, Thls Ordinance shall be in effect after its final passage, approval and publication, as pro-, vided by law. Passed and approved this 16th day of Docember,2003. s/ErnestW Lehman, Mayor Attest: sfMadan K., Kan, City. Clerk s : 45066 December 24, 2003 .i o r '001® city ®f TPA C, 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. 03-4105 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 16th day of December, 2003, all as the same appears of record in my office and published in the Iowa City Press -Citizen on December 24, 2003. Dated at Iowa City, Iowa, this 9th day of January, 2004. \\\\ �.V Julie K`Vbparil ` Deputy City Clerk 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240.1826 • (319) 356-5000 • FAX (319) 356.5009 Title 2. entiYed "Human Rights," Chapter ; L meq_ 1 entitled "General "Provisions; Section .. "Definitions, 1, entitled is hereby amend-. . ed by'repealing'the 'definitionof "Court"' ;i •• ; and substituting in its place the•following new definition: _ Court: The dlslrict;oourt of the state of Printer's Fee $ y 3 , 1 1p Iowa or any fudge of the coup if the court is not in session at that lime. OFFICIAL PUBLICATION Title 2, entitled Human Rights,^.Chapter CERTIFICATE OF PUBLICATIION ORDINANCE NO 03-4105 ORDINANCE AMENDING TITLE.2 OF 1, entitled General Pro 1, entitled Definitions is fiereby;amand- g"d'�i'rE OF IOWA, THE CITY CODE; ENTITLED "HUMAN b adding the following new n. - 11 s JOHNSON COUNTY, SS: RIGHTS;' TO} SIMPLIFY THE, PROBA- USE', -DETERMINATION Credit: "C1 redlt" as defined in . section . i of the Code of Iowa as THE IOWA CITY PRESS -CITIZEN PROCESS DE•F RMEDAj TO STREAMLINE THE LITIGA. amended.. Title FED. IIIS 42-0330670 ATION PROCESS, TO DEFINE TION: WORTHY, TO,ESTABLISH PRO- ' 2, enhded "Human Ri Rights Chapter: 1 ent(lled, General Provisions". Section CEDURES' FOR PUBLIC HEARINGS, TO < MODIFY- THE POWERS 1 entitled°Definitions," is hereby amend - ed by adding the following 1, OF THE "HUMAN RIGHTSCOMMISSION; TO CLARIFY.CERTAINDEFlNITIONS, AND new definition: Creditor. "CreditoP as defined (n'soction Linda KYOt2, being duly sWOYn, TO :_MAKE : ADDITIONAL NONSUB- STANTIVE CHANGES. 5371301(17) Of the Code of Iowa, as amended „ t $a y that I am the legal clerk Of the IOWA WHEREAS; the distinct roles ot, the Human Rights Commission Title 2, ant itled."Human Rights," Chapter, 1 entitled General Provisions,' Section i u CITY PRESS -CITIZEN, a newspaper ("Commission"), the City - Attorney's i Office, and the Commission staff need to ! 1 entitled Definitions" is hereby amend- ed by repealing the definition of "Credit Published in Said County, and that a be clarified with respecbto the probable cease investigation and determination; 'Transaction and substituting in its place the following new definition:, notice, a printed Copy Of which is s! and WHEREAS, the existing conciliation process is cumbersome and not as effec- Consumer Credit, Transaction: Consumercredit transaction" as defined creel t trans) hereto attached, was published jl► five as d could be and WHEREAS there currently. Is "' provi- . in snsumer of the Code of . . Iowa as amended said paper 1tlme(S) On the following date(s): Sion. forlhe ccmptainant and the respon- dent to engage:,voluntanly in mediation; and Title 2 entitled Human Rights," Chapter` 1, entitled "General Provisions" Section t (. WHEREAS, there Is no process to ane- lyze when a case should proceed to pub- b-. tic hearing 1, entitled "Definitions,"Is hereby amend - : ed by repealing Paragraph of the defi- 'nition of "Disability" and substituting in followmg•a probable cause determination; and its:. • place the foliow(n new Para rah C: g 9 p WHEREAS; there are presently few pro- visions governing the proceedings of a C Bein regarded as having such an impairmonL;"Dis' III y (does include ' Public hearing; and WHEREAS, most of the 'amendments not current illegal use of or addiction ta;a controlled substance as.definsd tiychap by whichr complaints are,, investigated, 17Mbable cause determinations ., ter 124A of the Code of owe, as amend- v Legal Clerk g . are made, and public hearings are conducted mirror the process used by the Iowa Civil ed Tide 2, entitled Human Rights,". Chapter ' j, SubsCrfbed and sworn to before me Rights Commission, and WHEREAS. the duties bestowed and r' entitled "General Provisions, Section 1; entitled 'U is is hereby amend- this _day of the powers granted to the: Commission need:;to reflect the modified role of:the ed by repealing "the. definition of -"Employer" and substitutin its place: m the, A.D. 20 D Commission in the probable cause deter- mination and its, increasing role in edu- following new definition. cating, the public on human rights and I illegal discrimination; and g i Employer. Induces an Y Person, wherever - situated, ,who employs , one or. more . 3 WHEREAS, the Commission approved these •,employees, within the City, or who solicits!.; ind(wduals within the Clty'to.apply " Notary Pub11C changes.: at its meeting:on September 2 2003; and .. WHEREAS it is m the best Interest of the (or,, employment within the,City or elsewhere. The term Includes the City itself and to the extent 4' City to adopt these amendments.' NOW; THEREFORE, BE IT ORDAINED not inconsistent with State law,�- all other political subdivisions, Public 1' BY THE CITY COUNCIL OF. THE CITY OF CITY IOWA:" .cor-. porations, governmental units conductin any actrviry within the Ci and puling ty r ORLENE MAHER EC1)ON ( AM_ ENQMENTTSS Title 2, entitled Human Rights Chapter 1, entitled General , agencies or corporations:'<" Title 2, entitled Human Rights° Chapter' , + Cornm(selon Number 7158!$ isity Commiselon Explres Provisions' Section 1, entified Definitions," is hereby amend- 1; 'enfitled "General Provisions" Section ` 1, antitfad "Definitions is hereby o.r April 2, 2005 ed by, repeating the definition of "Age' and substituting in its place the following amend- ed • by repealing the;; defmdion `.of lnveshgaloC +, new definition.. Age: Chronological ago of any person„ Title 2 entitled 'Human Ri tits Chapter 9 ; r b"9 Title 2; entitled Human Rights Chapter 1 enhtled General Provisions Section entitled Y 1 entitled General Provissons Section1 1 entitled Definitions is he amend-' d by,: rirg Definitions 'Is hereby amend ed by. repealing the definition of ."Public Assists cs•.�wrrca ® - a a repo +h_�detimfmn nf. of Income and sub "Conciliation Team" and substitu mg :n its hLK n ha placo the following new do,- rmt(on ,' place they, following new definitionof: conciliation"; - - Public Assistance Source, of Income ! ' w I Conciliation: The attempt by the Human Rights_ Coordinator to reach a resolution- income and support derived from any tax-supodned•,Federal ;Slate or, local funds k with both -parties, in'a case ,(n which a: , determinabon includmg,,but not limited to, social security of probable c bablause has:' been made . ( supplemental security income temporary assistance for needy families family investment program,' general relief, 9 food stamps,;and unemployment tom -i • Pej�.,atiori.butpnot including rent subs!-� dies:: > ;) Tdle,2 entitled `Human Rights Chapter A. 1, entitled "General Provisions," Section 1, entitled "Definitions," is hereby amend- ed by repealing the definitionof "Respondent" and substituting in its place the following new definition: Respondent: A person who is alleged to have committed an act prohibited by this Title and/or against whom a complaint has been filed under this Title. Title 2, entitled "Human Rights" Chapter 1, entitled "General Provisfons," Section 1, entitled "Definitions," is hereby amend- ed by adding the following new definition: Unfair Practice or Discriminatory Practice: Those practices specified as unfair or discriminatory in sections 216.6, 216.7, 216.8, 216.8A, 216.9, 216.10, 216.11, and 216.11A of the Code of Iowa, as amended, or this Title. Title 2, entitled "Human Rights" Chapter 1, entitled "General Provisions" Section 2, entitled "Purpose," is hereby amended by repealing Section 2 in its entirety and substituting in its place the following: It is the purpose of this Title to protect cit- izens of the City against "discrimination" as defined in this Chapter. Moreover, this Title provides for execution within the City of the policies of the Iowa Civil Rights Act of 1965, as amended, the Federal Civil Rights Acts, as amended, the preamble and part I (articles 1-7)o1 the "International Convention on the Elimination of All Forms of Racial Discrimination (1966)", as amended, and the promotion of cooperation among the City, State and Federal agencies which are charged, presently and in the future, with enforcing these Acts and instru- ments. Title 2, entitled "Human Rights"Chapter 2, entitled "Human Rights Commission" Section 1, entitled "Commission Established; General Duties" is hereby amended by repealing Section 1 in its entirety and substituting in its place the following: There is hereby established the Iowa City Human Rights Commission whose duties shall be to disseminate information, edu- cate the public on illegal discrimination and human rights, provide the enforce- ment necessary to further the goals of this Title, and protect citizens from unfounded charges of discriminatory practices. Title 2, entitled "Human Rights" Chapter 2, entitled "Hunan Rights Commission;' Section 2, entitled "Powers;' is hereby amended by repealing Section 2 in its entirety and substituting in its place the following: The Commission created by this Chapter shall have the following powers to: A. Receive complaints alleging unfair or discriminatory practices. B. Investigate and study the existence, character, causes and extent of discrimi- nation in the areas covered by this Title and to eliminate discrimination by educa- tion and enforcement where necessary. C. Issue publications and reports of the research and investigations of the Commission subject to the limitations of confidentiality. D. Prepare and transmit to the City Council from time to time, but not less often than once each year, reports describing the proceedings, investiga- tions, hearings, decisions and other work performed by the Commission. E. Make recommendations to the City Council for such further legislation con- cerning discrimination as it may deem necessary and desirable. F. Cooperate, within the limits of any appropriations made for its operation, with other agencies or organizations, both public and private, whose purposes are not inconsistent with those of this Title, and in the planning and conducting Of programs designed to eliminate racial, religious, cultural and other intergroup tensions. G. Educate the public on human rights and illegal discrimination, such as organ- izing and facilitating educational public forums thataddress one or more of the broad range of topics included within the rubric of human rights. H. Seek injunctive relief as may be appropriate to preserve the rights of the complainant and the public interest when it appears that a complainant may be irreparably injured before a public hear- ing can be called to determine the merits of the complaint. I. Issue subpoenas and order discovery as provided by this Section to aid in investigations of allegations of discrimi. nation. The subpoenas and discovery may be ordered to the same extent and are subject to the same limitations as subpoenas and discovery in a civil action in District Court. Title 2, entitled "Human Rights," Chapter 2, entitled "Human Rights Commission," Section 4, entitled "Records to Be Public; Exceptions," is hereby amended by repealing Section 4 in its entirety and substituting in its place the following: A. The disclosure of information, whether a charge has been filed or not, or revealing the contents of any file is prohibited except in the following circum. stances: 1. A written request is received by a party or party's attorney following a probable cause determination. If the Commission has issued a right -to - sue letter, a party or a party's attorney may have access to the Commission case file on that complaint. B. No member of the Commission staff shall disclose the filing of a charge, the information gathered during the investi- gation, or the endeavors to eliminate such discriminatory or unfair practice by conference, mediation, conciliation or persuasion, except as may be necessary to conduct an investigation of a com- plaint. Nothing in this Section shall pre- vent the Commission from releasing such information concerning alleged or acknowledged discriminatory practices to the State Civil Rights Commission, the United States Civil Rights Commission, the Federal Equal Employment Opportunity Commission, and other agencies or organizations whose primary purpose is the enforcement of civil rights legislation. This Section does not prevent any complainant, witness or other person from publicizing the filing of a complaint or the matter therein complained of. Violation of these provisions by a mem- ber of the Commission or its staff shall. constitute grounds for removal. Title 2, entitled "Human Rights," Chapter 3, entftled "Discriminatory Practices," Section 1, entitled "Employment; Exceptions," Paragraph A is hereby amended by repealing Paragraph A in its entirety and substituting in its place the following: It shall be unlawful for any employer to refuse to hire, accept, register, classify, promote or refer for employment, or to otherwise discriminate in employment against any other person or to discharge any employee because of age, marital creed, disability, gender identity, status, national origin, race, religion, sex or sexual orientation. Title 2, entitled "Human Rights" Chapter 3, entitled "Discriminatory Practices," Section 1, entitled "Employment; Exceptions," Paragraph F is hereby amended by repealing Subparagraphs 5 and 7 of Paragraph F in their entirety and substituting in their place the following: 5. The employment on the basis of sex in those certain Instances where sex is a bona fide occupational qualification rea- sonably necessary to the normal opera- tion of a particular business or enter- prise. The bona fide occupational qualifi- cation shall be interpreted narrowly. The employment on the basis of disabili- ty in those certain instances where pres- ence of disability is a bona fide occupa- tional qualification reasonably necessary to the normal operation of a particular business or enterprise. The bona fide occupational qualification shall be inter- preted narrowly. Title 2, entitled "Human Rights," Chapter 3, entitled"Discriminatory Practices," Section 3, entitled "Credit Transactions; . Exceptions," Paragraph D is hereby amended by repealing Paragraph D in Its entirety. Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement" Section 1, enti- tled "Persons Who May File Complaints; Method of Filing Complaint; Amending Complaint," Paragraph B Is hereby amended by repealing Paragraph B in its entirety and substituting in its place the following: - , - - Q21 .a 0�6 'S -- Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement," Section 2, enti- tled "Investigation of Complaints; Predetermination Settlement," is hereby amended by repealing Section 2 in its entirety and substituting in its place the following: A. After the filing of a verified complaint, a true copy shall be served within twenty (20) days by certified mail on the person against whom the complaint is filed. Service is effective upon mailing. B. Upon the filing of a complaint the Human Rights Coordinator shall prompt- ly serve notice on the respondent or per- t son charged with the commission of a discriminatoryhousing practice advising them of his or her procedural rights and obligations under the law or ordinance together with a copy of the complaint. C. The Human Rights Coordinator must commence proceedings with respect to ,f the com taint before the end of the thirti- eth (30tR) day after receipt of the com- plaint. The Human Rights Coordinator may draft and mail to the parties written questionnaire/document requests to which respondent and complainant are required to respond. Answers and docu- ments are to be received by the Human Rights Coordinator's office within thirty Upon the filing of a complaint, theHuman (30) days of the receipt of the question - /hasment request xtthe Rights Coordinator shall serve notice on sond bee been by Coordinator. the complainant acknowledging the filing and advising the complainant of the time limits and choice of forums provided D After reviewing materials responsive to under the law. the questionnaire/document request, the Title 2, entitled "Human Rights," Chapter Human Rights Coordinator shall deter - mine whether the complaint warrants fur - 4, entitled "Enforcement," Section 1, enti- tled "Persons Who May File Complaints; ther investigation. If the Human Rights Coordinator finds there is a reasonable Method of Filing Complaint; Amending Complaint," Paragraph D is hereby Possibility of a probable cause determi- nation or the legal issues present in the amended by repealing Paragraph D in its complaint need further development. the entirety and substituting in its place the Human Rights Coordinator shall prompt - following: ly resume the investigation of the com- Complaints and Answers may be amend- Human Rights Coord Coordinator not to laint. A comaint determined the ed as follows: warrant further processing by the Human Rights The complainant shall have the power to office shall be reviewed by the City amend any complaint at any time prior to the Human Rights Coordinator's probe- Attorney. If the City Attorney determines that the complaint does not warrant fur- ble cause recommendation. ther investigation, it shall be administra- The Human Rights Coordinator shall tively closed. Notice of such closure shall be promptly served upon the com- have the power to amend any complaint after a probable cause finding and prior Plainant and the respondent by certified mail. Service is effective upon to the decision to have a public hearing. mailing. Such notice shall state the reasons for At the discretion of the administrative lav administrative cloture. judge, the complaint may be amende E. after the decision to have a public hea A complainant may object to the ing. administrative closure and request review within twenty (20) days of sery The respondent shall have like power amend such respondent's answer, at a' ice. If a complainant makes a timely writ ten request for review of the time prior to hearing, and thereafter. administra- tive closure, the Human Rights the discretion of the administrative r Coordinator shall promptly review the judge. complainant's request and ail relevant Amendments to . the complaint and aihe Cof d review. if, after t eview then rby nethe answer alleging additional acts which constitute unfair or discriminatory City Attorney, it is determined that the - - prat- related to or growing out of the sub complaint does not warrant further pro- ce,.=;rS; the - i -lumen Rights Coordinator ject matter of the original complaint will relate back to the date the original corn- shall close the file and natiFy the com r= Plainant and responder, the or answer was filed. of final deci- sion sion of administrative closure, if, after Title 2, entitled "Human Rights, Chapter 4, entitled "Enforcement," Section 1, enti-. review, the City Attorney determines that : there is a reasonable. possibility of tied "Persons Who May File Complaints; Method of FilingComplaint; Amending s probable cause ,determination or the legal issues presented in the complaint r P y Complaint,- amended. by adding need further development, the allega- a new Paragraph G: tions .will be investigated further.. t' g A complaint or any part thereof may be withdrawn by the complainant at any time F A complaint may be administratively _ closed at any time if the complainant prior to the 'not 91f thdispublic be can - ticausingafter gent orts or is andtherea`iOr rt. n of the Commission..- However, nothing herein -� uncooperative unreasonable delay_ in the processing of a complaint. shall preclude the Human .Rights Coordinator from continuing the. investi- - gation and initiating a complaint on the Continued_ oil next v' page Commission's behalf against the original respondent whenever it deems it in;the i public interest. 5.. Continued from previous page G. Upon completion of the investigation, the Human Rights Coordinator shatl issue a written investigative summary and recommendation to the City Attorney as to whether probable cause exists that the person charged in the complaint has committed a discriminatory practice. H. After receipt of the summary and rec- ommendation, the City Attorney shall issue a written opinion as to whether Probable cause exists to believe a dis- criminatory practice occurred as alleged by the complainant. L Any time after a complaint is filed under 'his Title, but before the Human Rights Coordinator issues a recommendation to the City Attorney, the Human Rights Coordinator may seek a disposition of the complaint through a predetermination settlement. - J. A complaint may be closed as satisfac- torily adjusted when the respondent has made an offer of settlement acceptable to the Human Rights Coordinator but not the complainant. Notice of intended clo- sure shall state the reasons for closure and be served by certified mail upon the complainant. The complainant shall be allowed thirty (30) days to respond in writing to the Human Rights Coordinator either stating the reasons why the offer is unacceptable or accepting the offer. The Human Rights Coordinator will review and consider the response before mak- ing a closure decision. K. The complainant or respondent may request mediation of the complaint at any time during the complaint process prior to the probable cause determination. Mediation shall not be undertaken unless both the complainant and respondent agree to participate. Mediation may be discontinued at the request of either party. If the complainant and respondent do not reach a mediation agreement, the complaint process shall continue to reso- lution as provided in this Section. A mediation agreement is an agreement between the respondent and com- plainant. It is not subject to review or approval of the Commission. All verbal or written information relating to the subject matter of a mediation agree- ment and transmitted between either the complainant or respondent and a media- tor to resolve a complaint filed under this chapter, whether reflected in notes, memoranda, or other work product, is confidential as provided in §2-2-4(B) of this Title. Title 2, entitled "Human Rights;' Chapter 4, entitled "Enforcement," Section 3, enti- tled "Proceedings on Complaint; Probable Cause," is hereby amended by I repealing Section 3 in its entirety and substituting in its place the following: A. If the City Attorney finds that probable cause exists regarding the allegations of the complaint, the Human Rights Coordinator shall notify the complainant and the respondent of the finding. The j Human Rights Coordinator shall prompt- ly endeavor to eliminate the discriminato- ry or unfair practice by conference, con- ciliation and persuasion. B. If the City Attorney finds that no prob. able cause e•:is:s, t!.e Human Rights Coordinator shall issue a written finding dismissing the complaint and notifying the parties of the complainant's right to appeal the finding. Notice of the no prob- able cause determination shall be promptly mailed to the complainant and to the respondent by certified mail. Service is effective upon mailing. C. A complainant may object to the find- ing of no probable cause within ten (10) days of receipt of the notice. If a com- plainant makes a timely written request for review of the finding, the Human Rights Coordinator shall hear the com- plainant's evidence within thirty (30) days of the request for review and inform the City Attorney of said review. If no proba- ble cause is again the finding after further review by the City Attorney, the Human Rights Coordinator shall notify the com- plainant in writing of the decision, and shall close the file. If the City Attorney finds probable cause after review, the Human Rights Coordinator shall proceed 1 with efforts to eliminate the discriminato. ry or unfair practice by conference, con- i ciliation and persuasion. D. In connection with housing discrimina- tion complaints under Chapter 5 of this Title, final administrative disposition of a complaint shall be made within one year of the date of receipt of a complaint, unless it is impracticable to do so. If final administrative disposition within ono year is impracticable, the Human Rights Coordinator shall notify the complainant and respondent in writing. Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement;' Section 4, enti- tled "Conciliation Procedures," is hereby amended by repealing Section 4 in its entirety and substituting in its place the following: Following the probable cause determina- tion, the Human Rights Coordinator shall endeavor to eliminate the discriminatory or unfair practice by conciliation, confer- ence and persuasion for a period of thir- ty (30) days following the initial concilia- tion meeting with the respondent. After the expiration of thirty (30) days, the Human Rights Coordinator may order the conciliation conference and persuasion procedure to be bypassed if the proce- dure is determined to be unworkable by reason of past patterns and practices of the' respondent, or a statement by the respondent that the respondent is unwill- ing to continue with the conciliation. The Human Rights Coordinator shall state in writing the reasons for bypassing further . conciliation efforts. A conciliation agreement shall become effective after it has been signed by the respondent, or authorized representative, the complainant, or authorized represen- tative and by the Human Rights Coordinator on behalf of the Commission. Copies of the agreement shall be served on all parties. The Commission shall be informed of the agreement. C. The terms of a conciliation, agreement reached with the respondent may require the respondent to refrain in the future from committing discriminatory or unfair practices of the type stated in the agree- ment; to take remedial action which, in the judgment of the Human Rights Coordinator, will carry out the purposes of this Title; and to consent to the entry in an appropriate District Court of a consent decree embodying the terms of the con- ciliation agreement. Violation of such a consent decree may be punished as con- tempt by the Court in which it is filed, upon a showing by the Human Rights Coordinator of the violation at any time within six (6) months of its occurrence. In alt cases in which a conciliation agree- ment is entered, the Human Rights Coordinator shall issue an order stating its terms and furnish a copy of the order to the complainant, the respondent, and such other persons as the Coordinator deems proper. At any time, in the discre- tion of the Human Rights Coordinator, the Coordinator may investigate whethor the terms of the agreement are being complied with by the respondent. Upon a finding that the terms of the conciliation agreement are not being complied with by the respondent, the Human Rights Coordinator shall take appropriate action Hvma"\ R;�hr to assure compliance. Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement, Section 5, enti- tled "Remedial Action," Paragraphs A and H are hereby amended by repealing Paragraphs A and H in their entirety and substituting in their place the following: A. Hiring, reinstating or promoting of employees with or without pay. Interim earned income and unemployment com- pensation shall operate to reduce the pay otherwise allowable. H. Payment to the complainant of dam- ages caused by the discriminatory or unfair practice which may include actual damages, emotional distress damages, front pay, court costs and reasonable attorney fees. Title 2, entitled "Human Rights" Chapter '4, entitled "Enforcement; Section 5, enti- tled "Remedial Action," is hereby amend- ed by adding a new Paragraph L: Any other relief that the administrative law judge finds to be appropriate. Title 2, entitled "Human Rights;' Chapter 4, entitled "Enforcement" Section 6, enti- tled "Noticeand Hearing" is hereby amended by repealing Section 6 in its entirety and substituting in its place. the following: Litigation Worthy. Upon notification by the Human Rights Coordinator that con- ciliation has been bypassed or unsuc- cessful, the City Attorney shall form an opinion as to whether the case is litiga- tion worthy and make a recommendation to two (2) members of the Commission whether the case should be dismissed or proceed to public hearing. If both mem- bers of the Commission wish to proceed contrary to the recommendation of the City Attorney, they may authorize the Human Rights Coordinator to do so. Otherwise, the 'Human Rights Coordinator shall dismiss the case or proceed to public hearing in accordance with the recommendation of the City Attorney. Representative of commission. The Commission's case in support of the complaint shall be presented by the City Attorney or designee. C. Statement of charges. 1. When a complaint proceeds to public hearing, the Human Rights Coordinator shall prepare a written statement of charges in support of the complaint, which shall contain: a. An allegation that the respondent is a proper respondent within the,meaning of and subject to provisions of this Title. b. A factual allegation or allegations of an unfair or discriminatory practice or prac- tices, substantially as uncovered in the investigation, stated in the complaint (including amendments thereto), or stat- ed in the probable cause decision. 2. A statement of charges is sufficient if it a. Names the respondents and com- plainants; b. States the section(s) of the code , Nged to be violated: and c. Incorporates by reference the com- plaint and any amendments to the com- plaint. 3. The statement of charges shall also specifically identify all allegations, if any, in the complaint, as amended, which: a. Have been closed by other than a Probable cause finding, or ?-1,,3q S- b.. The .commission has elected notto Prosecute despite a probable cause find- ing. 4. None of the allegations identified pur- suant to 2-4-6B(3) shall be considered as a claim of discrimination in the con- tested case proceeding, but evidence on such allegations may be considered when relevant to other allegations of dis- crimination or as background evidence. D. Scheduling conference. The adminis- trative law judge may set the matter for a scheduling conference in order that the parties, including the commission, and the presiding officer may arrive at a mutu- ally agreed date for the public hearing. E. Notice of hearing. Delivery of the notice of hearing constitutes the com- mencement of the contested case pro- ceeding. Delivery shall be executed by any of the following means: certified mail with return receipt requested, personal service as provided in the Iowa Rules of Civil Procedure, first-class mail, or publi- cation as provided by the Iowa Rules of Civil Procedure to all Interested parties or their attorneys at least 30 days before the date of the hearing. Certified mail return receipts, returns of service, or similar evi- dence of service shall be filed with the presiding officer. The notice shall include: 1.The time and place of hearing; 2.The nature of the hearing, the legal authority and jurisdiction under which the hearing is being held; 3. A short and plain statement of the mat- ters asserted. This requirement may be satisfied by a statement of the issues as described by the statement of charges or an incorporation of the attached state- ment of charges; 4. The reference to the sections of this Title involved; 5. Identification of all parties including the name, address and telephone number of the person who will act as advocate for the Commission and of parties' counsel where known; and 6. Identification of the administrative law judge. F. Answer to notice of hearing. The respondent is encouraged to file an answer to the allegation contained within the notice of hearing within 20 days of the service of the notice of hearing. Answers are encouraged as a means of sharpen- ing the issues and preserving claimed error. G. Default 1. If a party fails to appear or participate in a contested case proceeding after proper service of notice, the administra- tive law judge may, if no adjournment is granted, enter a default decision or pro- ceed with the hearing and render a deci- sion in the absence of the party. 2. Default decisions or decisions ren- dered on the merits after a party, has failed to appear or participate in a con- tested case proceeding become final agency action unless, within 15 days after the date of notification of mailing of the decision, a motion to: vacate. is filed and served on all parties or an appeal of a decision on the merits is timely initiat- ed. 3. "Gocd cause" for purposes of this rule shall have the same meaning as "good cause for setting aside a default ;udg- ment under Iowa Rule ' of Civil Procedure1.977. xc .�vaa++r.rH.�na4re,� S ...C',C c--), . U 3 - -t 1 W-7- H. Filing and service of documents. After the notice of hearing, all pleadings, motions, documents or other papers shall be filed with the administrative law judge with a copy to parties of record, with sep- arate copies to the City Attorney. Except as provided by these rules, the Iowa Rules of Civil Procedure pertaining to discovery, or other laws, all pleadings, motions, documents or other papers that are required to be served upon a party shall be filed simultaneously with the administrative law judge. I. Discovery 1. Discovery procedures applicable in civil actions as set forth in the Iowa Rules of Civil Procedure, are applicable in con- tested cases. Unless lengthened or shortened by these rules or by order of the administrative lawjudge, time periods for compliance with discovery shall be as provided in the Iowa Rules of Civil Procedure. 2. When discovery of information from the complainant is sought, discovery should be made upon the complainant with a copy thereof provided to the City Attorney. When discovery of information from the Commission Is sought, discov- ery should be made upon the Commission with a copy thereof provided to the complainant or the complainant's representative. J. Subpoenas 1. A Commission subpoena shall be issued to a party upon request. Such a request should be In writing, but oral requests may be honored by the admin- istrative law judge. The request shall include the name, address, and tele- phone number of the requesting party. 2. Parties are responsible for service of their own subpoenas and payment of wit- ness fees and mileage expenses. K. Motions 1. No technical form for motions is required. However, prehearing motions must be in writing, state the grounds for relief, and state the relief sought. Any motion for summary judgment shall com- ply with the Iowa Rules of Civil Procedure. Motions made during the hearing may be stated orally upon the record. 2. Any party may file a written response to a motion within 14 days after the motion is served, unless the time period is extended or shortened by the adminis- trative law judge. 3. Motions for summary judgment shall comply with the requirements of the Iowa Rules of Civil Procedure 1.981. L. Prehearing conferences. Upon the administrative law judge's own motion or the motion of the parties, the administra- tive law judge may direct the parties or their counsel to meet with the administra- tive law judge for a conference to consid- er: 1. Simplification of issues; 2. Necessity or desirability of amend- 1 ments to pleadings for purposes of clari- fication, simplification, or limitation; 3. Stipulations, admissions of fact and of contents and authenticity of documents; 4. Limitation of number of witnesses; 5. Scheduling dates for the exchange of witness lists and proposed exhibits; 6. Identifying matters which the parties intend to request beat, noticed; and i 7. 1. 7. Such other matters, including discov- ery matters, as may tend to expedite the disposition of the proceedings. M. Continuances. Unless otherwise pro- vided, applications for continuances shall be made to the administrative law judge. N. Disqualification. A person shall not be appointed as an administrative law judge and an administrative law judge shall withdraw from participation in the making of any proposed or final decision in a contested case if that person: 1. Has a personal bias or prejudice con- cerning a party or a representative of a party; 2. Has personally investigated, prosecut- ed or advocated in connection with that case, the specific controversy underlying that case, another pending factually relat- ed contested case, or a pending factually related controversy that may culminate in a contested case involving the same par- ties; 3. Is subject to the authority, direction or discretion of any person who has person- ally investigated, prosecuted or advocat- ed in connection with that contested case, the specific controversy underlying that contested case, or a pending factual- ly contested case or controversy involv- ing the same parties; 4. Has acted as counsel to any person who is a private party to that proceeding within the past two years, unless all par- ties agree to the administrative law judge; 5. Has a personal financial interest in the outcome of the case or any other signifi- cant personal interest that could be sub- stantially affected by the outcome of the case; 6- Has a spouse or relative within the third degree of relationship that: a) is a party to the case, or an officer, director or trustee of a party; b) is a lawyer in the case; c) is known to have an interest that could be substantially affected by the out- come of the case; or d) is likely to be a material witness in the case; or 7. Has any other legally sufficient cause to withdraw from participation in the deci- sion-making in that case. O- Ex parte communication. Unless required for the disposition of ex parte matters specifically authorized by this Title or the Iowa Rules of Civil Procedure , following issuance of the notice of hear- ing, there shall be no communication, directly or indirectly, between the admin- istrative law judge and any party or rep- resentative of any party or any other per- son with a direct or indirect interest in such case in connection with any issue of fact or law in the case except upon notice and opportunity for all parties to partici- pate. P. Powers of administrative law judge. The administrative law judge who pre- sides at the hearing shall have all powers necessary to the conduct of a fair and impartial hearing Including, but not limit- ed to, the power to: 1. Conduct formal hearing in accordance with the provisions of this Title; 2. Administer oaths and examine wit- nesses; 3. Compel production of documents and appearance of witnesses in control of the parties; 4. Issue subpoenas; 5. Issue decisions and orders; 6. Rule on motions, and other procedural items or matters; 7. Require the submission of briefs; 8. Issue such orders and rulings as will ensure the orderly conduct of the pro- ceedings; 9. Receive, rule on, exclude or limit evi- dence and limit lines of questioning or testimony which are irrelevant, immateri- al, or unduly repetitious; 10. Maintain the decorum of the hearing including the power to refuse to admit or to expel anyone whose conduct is disor. derly; 11. Take any action authorized by these rules; and 12. Impose appropriate sanctions against any party or person failing to obey an order. Q. Hearing procedures. 1. Objections. All objections shall be time- ly made and stated in the record. Any objection not duly made before the administrative law judge shall be deemed waived. 2. Representation of parties. Parties have the right to participate or to be represent- ed in all hearings or preheating confer- ences related to their case. 3. Rights of parties. Subject to terms and conditions prescribed by the administra- tive law judge,. parties have the right to introduce evidence on issues of material fact, cross-examine witnesses present at the hearing as necessary for a full and true disclosure of the facts, present evi- dence in rebuttal, and submit briefs and engage in oral argument. 4. Sequestration of witnesses. At the request of a party or sua sponte, the administrative law judge may order wit- nesses sequestered so they cannot hear the testimony of other witnesses. . 5. Contents of record. The record in a contested case before the administrative law judge shall include: a. All pleadings, motions, and rulings; b. All evidence received or considered and all other submissions; c. A statement of matters officially noticed; d. All questions and offers of proof, objet. tions, and rulings thereon; e. All proposed findings and exceptions I. Any decision, opinion, or report by the administrative law judge at the hearing. Deliberations of the. Commission when deciding whether to adopt a proposed decision are not part of the record unless expressly made part of the record by order of the Commission or the adminis- trative law judge. R. Evidence. - 1. The administrative law judge shall rule on admissibility of evidence and may, where appropriate, take official notice of facts in accordance with all applicable requirements of law. 2. Stipulation of facts is encouraged 3. Evidence in the proceeding shall be confined to the Issues as to which the parties receive notice prior to the hearing unless the parties waive their right to such notice by express or implied waiver,_I or the administrative law judge deter- mines that good cause justifies their expansion. 4. Although the rules of evidence do not apply in a contested case hearing, a find- ing shall be based upon the kind of evi- dence on which reasonably prudent per- sons are accustomed to rely for the con- duct of their serious affairs, and may be based upon such evidence even if it would be inadmissible in a jury trial. Irrelevant, immaterial, or unduly repeti- tious evidence shall be excluded. The administrative law judge shall give effect to the rules of privilege recognized by law. 5. No evidence shall be received at any hearing concerning offers or counter- offers of adjustment during efforts to con- ciliate or settle an alleged unfair or dis- criminatory practice. 6. The burden of proof shall be by a pre- ponderance of evidence. S. Evidence of past sexual practices. 1. Discovery. In a contested case alleging conduct which constitutes sexual harass- ment, a party seeking discovery of infor- mation concerning the complainant's sexual conduct with persons other than the person who committed the alleged act of sexual harassment, must establish specific facts showing good cause for dis- covery and that the information sought is relevant to the subject matter of the action, and reasonably calculated to lead to the discovery of admissible evidence. 2. Evidence. In a contested case against a respondent who is accused of sexual harassment, or whose agent or employee Is accused of sexual harassment, evi- dence concerning the past sexual behav- ior of the alleged victim is not admissible. T. Cost of copies of record. Upon request by a party the Commission shall provide a copy of the whole or any portion of the record at cost. The cost of preparing a copy of the record shall be paid by the requesting party. U. Posthearing briefs. 1. The administrative law judge may fix times for submission of posthearing briefs. Unless otherwise ordered, such briefs shall be filed simultaneously by all parties and there shall be no page limit nor any other formal requirements. 2. Reply briefs. If simultaneous briefs are filed, then any party may file a reply brief within 10 days after service of the brief to which the reply is made. U. Requests to present. additional evi- dence. 1. In general. A party may request the taking of additional evidence only by establishing that the evidence is material, that good cause existed for failure to present the evidence at the hearing, and that the party has not waived the right to present the evidence. 2. If a request to present additional evi- dence is made after the issuance of the proposed decision, then the request must be filed with the appeal or, by. a nonap- pealing party, within 14 days after the service of the appeal. If the Commission grants the motion to present additional evidence, the Commission shall remand the case to the administrative law judge for the taking of the additional evidence and any appropriate modification of the proposed order. V. Proposed decision. After a review of the transcript, the evidence, and the briefs, the administrative law judge shall set forth, in writing, findings of fact, con- clusionsof law, and a proposed decision and order. The proposed; decision becomes the final decision of the Commission without further proceedings unless there is an appeal to, or review on motion of, .the Commission within 30 days. W. Review of proposed decision on appeal to the Commission. 1. Appeal by party. Any adversely affect - ed party may appeal a proposed decision to the Commission within 30 days after issuance of the proposed decision. 2. Review. The Commission may initiate review of a proposed decision on its own motion at any time within 30 days follow- ing the issuance of such a decision. 3. Notice of appeal. An appeal of a pro- posed decision is initiated by filing a time- ly notice of appeal with the Commission. The notice of appeal must be signed by the appealing party or a representative of that party and contain a certificate of service. The notice shall specify: a. The parties initiating the appeal; b. The proposed decision or order appealed from; c. The specific findings or conclusions to which exception is taken and any other exceptions to the decision or order; The relief sought; and e. The grounds for relief. ! 4. Oral argument. All parties ortheir attor- neys shall be allowed ten minutes to present oral argument to the Commission whenever the commission reviews a pro- posed decision pursuant to this rule. The Commission may, in its discretion, allow oral argument to continue longer. 5. Briefs and arguments. Unless other- wise ordered, within 20 days of the notice of appeal or order for review, each appealing party may file exceptions and briefs. Within 10 days thereafter, any party may file a responsive brief. The i Commission may shorten or extend the briefing period as appropriate. X. Scope of review by Commission. 1. Whenever the Commission reviews a proposed decision, it has all the power it would have in initially making the final decision. The Commission may adopt, modify, or reject the administrative law judge's proposed decision or it may remand the case to the administrative law judge for the taking of additional evi- dence and the making of any further pro- posed findings of fact, conclusions of law, or decision that it deems necessary. 2. Whenever the Commission reviews a proposed decision, it shall consider only those issues actually presented to the administrative law judge unless the issue was one which either: a. Was raised prior to the proposed deci- sion by a party, but not ruled upon, or b. Was discussed in the proposed deci- sion, but not argued on brief by the par- ties. Y. Intervention 1. Motion. A motion for leave to intervene in a contested case proceeding shall state the grounds for the proposed inter- vention, the position and interest of the proposed intervenor, and the possible impact of intervention on the proceeding. A proposed answer or petition in inter- vention shall be attached to the motion. Any party may file a response within 14 days of service of the motion to intervene unless the time period is extended or shortened by the administrative law judge. 2. Grounds for intervention. The movant shall demonstrate that: (a) intervention would not unduly prolong the proceed- ings or otherwise prejudice the rights of existing parties; (b) the movant is likely to be aggrieved or adversely affected by a final order in the proceeding; and (c) the interests of the movant are not adequate- ly represented by existing parties. 3. Effect of intervention. A person granted leave to intervene is a. party to the pro- ceeding. The order granting intervention may restrict the issues that may be raised by the intervenor or otherwise condition the intervenor's participation in the pro- 'I ceeding. L' \.0 3- *k os- 141, 'v, . 9\,;VAS equitable apportionment of "contested case costs" between the commission and Z. Awards of attorney's fees. 1. In any final decision in which its deter- mined that the complainant is entitled to an award of attorney's fees, but the actu- al amount has not yet been determined, there is, by operation of this provision, an express retention of jurisdiction of the case by the Commission in order to determine the actual amount of attor- ney's fees to which the party is entitled and to enter a subsequent order award- ing those fees, regardless of whether or not such retention of jurisdiction is expressed in the final decision. In such case, the decision is final in all other respects except the determination of the amount of the attorney's fees. 2. If the amount of attorney's fees is not stipulated to by the parties, the adminis- trative law judge shall schedule a hearing on the issue of the amount of the attor- ney's fees. The administrative law judge's decision is a proposed decision, and either party may appeal as provided in Paragraphs V -X of this chapter. AA. Waiver, modification of rules 1. Upon notice to all parties, the adminis- trative law judge may, with respect to matters pending, modify or waive any rule herein upon a determination that no party will be prejudiced and that the ends of justice will be served. 2. Unless otherwise precluded by law, the parties in a contested case proceeding may waive any provision of this chapter. However, the administrative law judge, in the discretion of the presiding officer, may refuse to give effect to such a waiv- er when the administrative law judge deems the waiver to be inconsistent with the public interest. BB. Application for rehearing. 1. By whom filed. Any party to a contest- ed case proceeding may file an applica- tion for rehearing from a final order. 2. Content of application. The application for rehearing shall state on whose behalf it is filed, the specific grounds for rehear- ing, and the relief sought. In addition, the application shall state whether the appli- cant desires reconsideration of all or part of the decision on the existing record and whether the applicant requests an opportunity to submit additional evi- dence. 3. Time of filing. The application shall be filed with the Commission within 20 days after the issuance of the final decision. 4. Notice to other parties. A copy of the application shall be timely mailed by the applicant to all parties of record not join- ing therein. 5. Disposition. Any application for a rehearing shall be deemed denied unless the commission grants the application within 20 days after its filing. The Commission shall notify the parties in writing that the application was denied. CC. Assessment of costs of hearing. 1. General rule. It the Commission pre- vails in the hearing, the respondent shall pay the -contested case costs" incurred by the Commission. if the respondent prevails in the hearing, the commission shall itself bear the "contested case costs" incurred by the commission. 2. Mixed results. Where the Commission is successful as to part of the remedies sought at the hearing and unsuccessful as to part of the remedies, the adminis- trative law judge may recommend an the respondent. 3. Costs allowable. The following "con- tested case costs" and no others will be assessed or apportioned: a. The daily charge of the court reporter for attending and transcribing the hear- ing. b. All mileage charges of the court reporter for traveling to and from the hearing. c. All travel time charges of the court reporter for traveling to and from the hearing. d. The cost of the original of the tran- scripts of the hearing. Postage Incurred by the administrative law judge in sending by mail (regular or certified) any papers which are made part of the record. Expenses and fees of the administrative law judge, including but not limited to lodging and transportation. DD. Appeals to district court. Appeals to the district courts from the decision of the Commission shall be perfected pursuant to the provisions of Iowa Code chapter 17A. Title 2, entitled "Human Rights;' Chapter 4, entitled "Enforcement," Section 9, enti- tled "Sixty Day Release from Administrative Process; Alternative Judicial Proceedings Upon Complaints," Paragraph B is hereby amended by repealing Paragraph B in its entirety and substituting in its place the following: Requirements For Issuance Of Release: Upon a request by the complainant, and after the expiration of sixty (60) days from the timely filing of a complaint with the Commission, the Human Rights Coordinator shall issue to the com- plainant a release stating that the com- plainant has a right to commence an action in the District Court: A release under this subsection shall not be issued if a finding of no probable cause has been made on the complaint, or a concil- iation agreement has been executed, or the Commission has served notice of hearing upon the respondent, or the complaint is closed as an administrative closure and two (2) years have elapsed since the issuance date of the closure. Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement" Section 9, enti- tled - "Sixty Day Release from Administrative Process; Alternative Judicial Proceedings Upon Complaints," Paragraph C is hereby amended by repealing Paragraph C in its entirety. Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement" Section 10, entitled "Civil Action Elected -Housing" is hereby amended by repealing Section 10 in its entirety and substituting in its place the following: A. A complainant, a respondent, or an aggrieved person on whose behalf a complaint alleging a violation of Chapter 5 of this Title was filed, may elect to have the claims asserted in that charge decid- ed in a civil action. 1. The particular party electing to have his or her case decided in a civil rather than administrative action under subsec- tion 2-5-41. of this Title, must do so no later than twenty (20) days after the date of receipt of the probable cause determi- nation- In the event the Commission makes such election, it must be made not later than twenty (20) days after the date the. determination was issued, 2. The person making the election shall give notice to the Human Rights Coordinator and to all other complainants and respondents to whom the election relates. 3. The election to have the charges of a complaint decided in a civil action as pro- vided here, is available only if it is alleged there has been a violation of Section 2-5- 1 or 2-5-3 of this Title. B. An aggrieved person may file a civil action in District Court not later than two (2) years after the occurrence or the ter- mination of an alleged discriminatory housing or real estate practice, whichev- er occurs last, to obtain appropriate relief with respect to the discriminatory hous- ing or real estate practice or breach of a conciliation agreement. 1. The two (2) year period does not include the time between the filing of a housing or real estate practice discrimi- nation complaint and the disposition of that complaint by the City Attorney. 2. An aggrieved person may file an action under this Section whether or not a dis- criminatory housing or real estate com- plaint has been filed under Section 2-5-1 and/or Section 2-5-3 of this Title, and without regard to the status of any dis- criminatory housing or real estate com- plaint filed under those Sections, but: a. If the Human Rights Coordinator obtains a conciliation agreement with the consent of an aggrieved person, the aggrieved person shall not file an action under this Section with respect to the alleged discriminatory practice that forms the basis for the complaint except to enforce the terms of the agreement. b. An aggrieved person shall not file an action under this Section with respect to an alleged discriminatory housing or real estate practice that forms the basis of a probable cause determination issued by the City Attorney it the Commission has begun a hearing on the record under this Chapter with respect to the charge. Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement," Section 11, entitled "Civil Proceedings -Housing," Paragraph A, Subparagraph 1 is hereby amended by repealing Paragraph A, Subparagraph 1 of in its entirety and sub- stituting in its place the following: A. 1. If timely election is made under sub- section 2.4-10A of this Chapter, the Human Rights Coordinator shall author- ize, not later than thirty (30) days after the election is made, the filing of a.civil action on behalf of the complainant in District Court and the City Attorney, or its designated agent, shall commence and maintain such action. SECTION It. REPEALER. All ordi- nances and parts of ordinances in con- flict with the provision of this Ordinance are hereby repealed. SECTION III PENALTIES FOR VIOLATION. The violation of any provi- sion of this ordinance is a municipal infraction or a simple misdemeanor. SECTION IV SEVERABIL�. 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 16th day of December, 2003. s/Ernest W. Lehman, Mayor Attest: s/Marian K. Karr, City Clerk 45067 December 24, 2003