HomeMy WebLinkAbout1986-05-06 Info Packet of 5/2=1�
City of Iowa City
MEMORANDUM
DATE: May 2, 1986
TO: City Council
FROM: Acting City Manager
RE: Material in Friday's Packet
Memorandum from the Acting City Manager regarding Plaza cafes and
outdoor service areas. S,14
Memorandum from the Chair of the Historic Preservation Commission regarding
Preservation Week. -817
Memorandum from the Traffic Engineer regarding signallzation of Mormon
Trek Boulevard/Benton Street. 8/p
Minutes of the April 10 meeting of the JCCOG Ad Hoc Transit Study
Committee. Qi 9
Minutes of the staff meeting of April 23, 1986.
Article: "Topping Off Mass Transit's Budget"
Calendar for May 1966.
City of Iowa City
MEMORANDUM
Date: May 2, 1986
To: City Council
From: Dale Helling, Acting City Manager /
Re: Plaza Cafes and Outdoor Service Areas
Attached please find a redraft of the City Plaza Ordinance and a draft
ordinance dealing with Outdoor Service Areas. These have been developed
by the City Attorney and Legal Staff as directed by Council. They
should be considered together as they are interrelated.
For the purpose of discussion at your informal meeting on May 5, 1986,
you should refer only to the portion of the City Plaza Ordinance redraft
which addresses "plaza cafes". See Section 1; Definition of Plaza Cafe
on page 2; Section 9.1-7(a)(3) and Section 9.1-8(c) in its entirety. The
remaining provisions of this ordinance are currently under review by
staff and some will probably be redrafted before Council gives the
ordinance formal consideration. It will be on the agenda for your
regular meeting on May 20, 1986.
If you have questions or concerns which you wish addressed before your
informal discussion, please contact the City Attorney.
tp5/3
cc: City Attorney
8/6
ORDINMICE N0.
All) SUBSTITUTING NITS PLPCE A 9.1CHAPTER ("CITY
C1WAPTER 9.1
("CITY PLAZA").
BE IT ORDAINED BY TIE CITY COUNCIL OF H CITY OF
IOWA CITY, IDA, TKAT:
SECTION I. RJRPOSE. The purpose of this revision
o P , ns to provide for cam nercial and
non-comrtercial speech activities as permitted events
in the City Plaza, to provide for Plaza cafes, and
to delete provisions permitting the lease of space
for the construction of temporary or permanent
structures in the City Plaza.
ter 9.1 ("Cit Plaza")
SECTION_ y
of the Cole of Ordinances of the City of Iewa City
is hereby repealed and substituted in its place is
the follawinng new Chapter 9.1 "City Plaza":
Sec. 9.1-1. Purpose.
It is the intent of this chapter to regulate the
use of City Plaza in order to promote the public
interest by:
(a) Waking City Plaza an active, attractive and
safe pedestrian environment;
(b) Providing the opportunity for creative, color-
ful, pedestrian -focused comnercial and cultural
activities on a day/night, year-round and
seasonal basis;
(c) Encouraging camercial activities vhich add
interest, charm, vitality, diversity and good
design to City Plaza.
(d) Encouraging the development of cmpatible and
well-designed elerents within Zone 1;
(e) Controlling the use of vehicles and bicycles in
City Plaza.
The intent of the City Plaza Use Regulations is
that private development within City Plaza is to be
permitted sparingly and only for those proposals
that meet the objective, stated above. It is rot to
be considered a "use by right."
Sec. 9.1-2. Definitions.
term shall havethemeanins of gs stais ted herein:ter, the following
Ambulatory vendor: An individual selling goods
or services while moving through Zones 1, 2 and 3
and operating without the use of a mobile vending
cart or kiosk and with a minimum of equipment, e.g.
balloons, portrait artist.
Audio anbience: A localized use of sound in-
terded to create a pleasant, relaxing atmosphere.
City Plaza: That part of city property extending
from the northern right-of-waY line to the southern
right-of-AY
lineofClinton et
line Strreefrom
tto
rio the western
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Ordinance No.
Page 2
right-of-wey line of Linn Street; and extending from
the western right-of-way line to the eastern right-
of-way line of Dubuque Street from the southern
right-of-way line of Washington Street to the south-
ern right-of-way line of College Street. Also,
Urban Renewal Parcel 65-2a, described as follows:
Beginning at the northwest comer of Lot 4, Block
65, of the original tan of Iowa City, Iowa, accord-
ing to the recorded plat thereof, thence along the
southerly right-of-way line of Washington Street,
60.28 feet; then south 00 degrees 03 minutes 02
seconds west, 110.26 feet; thence south 89 degrees
43 minutes 36 seconds west, 59.53 feet to a point on
the easterly right-of-way lien of Dubuque Street,
thence north 00 degrees 01 minutes 39 seconds west,
along said easterly right-of-way line, 110.65 feet
to the point of beginning.
Kiosk: A small structure that is stationary and
can be either permanent or season in nature.
Mobile vending cart: A non -motorized structure
on wheels that is easily moved and is used for
vending.
Mobile vendor: Operator of nubile vending cart.
Outdoor cafe: An outdoor area imediately adja-
cent to a restaurant (food service establishnent)
where food and beverages, dispensed in the food
service establishment, are taken for consumption by
Persons seated at tables in the outdoor area.
Plaza cafe: An outdoor area in City Plaza imredi-
ately adjacent to a restaurant (food service estab-
lishment) where food and beverages, dispensed in the
food service establishTent, are taken for consurp-
tion by persons seated at tables in the outdoor
area.
Sec. 9.1-3. Description of mall zones.
(a) Zane 1: The ten -foot strip directly abutting
the private property lines. Zone 1 extends the
length of the City Plaza along all sides of the
plaza.
(b) Zone 2: The six-foot pedestrian lanes adjoin-
ing Zone 1 on each side, the landscaped areas,
the areas with street furniture and features,
and other areas as specified on mop,
(c) Zone 3: The emergency/service lane.
The zones are illustrated on the City Plaza nap
kept on file in the office of the City Clerk. This
nap can be amended frau time to time as necessary by
resolution.
Sec. 9.1-4. Bicycle regulations.
No person shall ride a bicycle within City Plaza.
No bicycles shall be left unattended within City
Plaza unless located in a bicycle rack. Any viola-
tion of this section shall be a simple misdemeanor,
9/4
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Ordinance No.
Page 3
Sec. 9.1-5. Motor vehicle regulations.
Except as otherwise provided herein, no motor
vehicles, except erergency vehicles, shall be oper-
ated within the limits of City Plaza without a
Permit. A permit for the operation of rrotor vehicles
within City Plaza may be issued by the city manager
on his/her designee upon application according to
the following conditions:
(a) Any business located On property Which does not
otherwise abut a public right-of-way other than
City Plaza may be granted a continuing permit
upon a showing that such is necessary to pro-
vide for the delivery of goods to or from the
business. Such permit shall allow the presence
of the vehicle within the plaza only during
active loading and unloading.
(b) Any individual may be granted a temporary
Permit upon a showing that the placement or
operation of a motor vehicle upon City Plaza
for a specified, limited period of time is
necessary.
(c) A service vehicle operated by the city may
Operate within City Plaza without a permit when
Performing necessary rmaintenance requiring the
use of the vehicle.
Any violation of this section shall be a simple
misdemeanor.
Sec. 9.1-6. Animal regulations.
Nobwithstarding the provisions of any other city
ordinance, no person shall take, acccnpany or allow
any animal into City Plaza. This provision shall
not apply to a Seeing Eye dog being used to assist a
blind person. Any violation of this section shall
be a simple misdemeanor.
Sec. 9.1-7. Use of City Plaza.
(a) Permitted uses: Permitted uses include those
listed below. Other uses consistent with the
purposes state] in Section 9.1-1 may be permit-
ted if specifically approved. When a mobile or
temporary use is allowed, it is understood that
this authorization does not extend to Zone 1 or
Zone 2 areas which are already leased for other
purposes; e.g. mobile vending carts may not
approach patrons sued in a sidewalk cafe.
(1) Arrbulatory vendors, e.g. balloons or
portraits (Zone 1, 2, 3).
(2) Mobile vending carts for food,
flowers/plants, newspapers/magazines, etc.
(Zone 2).
(3) Plaza cafe (Zone 1, 2).
(4) Municipally awned kiosks.
(5) Arts and crafts sales of handmade articles
by an organized guild, association or club
on an occasional basis (Zones 1 and 2).
S��
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Ordinance No.
Page 4
(6) Sales or exhibits by individual artists or
artisans and food vending on a temporary
basis for special events (Zone 1, 2, 3).
Zone 3 users mist be totally ambulatory.
(7) Events of an educational or entertaiment
nature (Zone 1, 2, 3). Zone 3 users mist
be totally ambulatory.
(8) Non -co menial speech activities, includ-
ing but not limited to, political, relig-
ious and other non -cc mercial expressive
speech (Zone 1, 2, 3). Zone 3 users must
be totally ambulatory.
(9) Conercial speech activities, including
but not limited to, the dissemination of
information about comercial products
and/or services and/or the convassing of
public opinion and attitudes regarding
comercial products and/or services (Zone
2).
(b) Usable area:
(1) Zone 1: Permits maY be issued for any
part of Zone 1.
(2) Zone 2: The usable areas are as sho.n on
the attached plaza diagrams.
(3) Zone 3: The area is to be used only for
ambulatory vendors with its primary pur-
pose to be maintained as an emer-
gency/service lane.
(c) Days and hours of operation: Mobile carts may
operate seasonally but must be at least in
operation substantially through normal retail
business hours, Monday through Saturday, May 1
to October 1. Other months of operation may be
granted by permit for ambulatory vendors and
mobile carts Am the product is related to
another season. The time of operation for
plaza cafes is provided in Section 9.1-8(c).
(d) Noise control: Any request for the use of
sand must be specifically approved arid may be
permitted only if it will encourage an audio
ambience within the City Plaza, while at the
same time protecting the general public from an
overload, volume or type of sound that is
disturbing or inappropriate for a pedestrian
area.
(e) Insurance and idemnification: The applicant
shall agree tg, indemify, defend and save
harmless the City of Iowa City, its agents,
officers and employees, from and against all
claims, damages, losses and expenses in any
m 3wer resulting from, arising out of or con-
nected with the construction, use, maintenance
or removal of any structure, cart or use. The
applicant shall at all tines maintain a policy
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Ordinance No.
Page 5
of liability insurance in the minimi ahount of
three hundred thousand dollars ($300,000.00)
for personal injuries, and fifty thousand
dollars ($50,000.00) for property damage aris-
ing out of the permitted operation. The appli-
cant shall file, in the office of the city
clerk, a copy of the liability insurance policy
executed by a company authorized to do insur-
ance business in the State of Iowa in a form
approved by the city clerk. The policy shall
further provided thirty (30) days' notice of
cancellation of material change to the city
clerk. Such cancellation or change without
written approval shall autoretically revoke the
permit or lease.
The city nwager may, after consultation
with the city attorney, waive the insurance
requirements for any casual and/or temporary
sales activity, for any cultural or entertain-
ment activity, or for any comicial or non-
connercial speech activity as they deem appro-
priate.
(f) Perfornance tine limits: Mobile vending carts
rust be in operation within sixty (60) days of
the start date provided for in the permit, on
the permit approval shall autoratically ex-
pire.
(g) Maintenance: The applicant is responsible for
maintaining the arra within and in proximity to
his/her location in a clean and hazard -free
condition, including snow removal for a dis-
tance of ten (10) feet from any sthucture
occupied by the applicant.
Srpplerentary trash containers rust be
provided if considered necessary and specified
in the lease or permit. The exterior of all
structures and carts rust be maintained in good
condition by the applicant.
(h) Naaspaper-verding machines: The city will rake
available, at a reasonable cost, space in the
city -awed narspape dispense units on City
Plaza. In the case of more applications than
available space, a selection procedure that is
deered fair, reasonable and appropriate by the
city shall be established.
Sec. 9.14. City Plaza use permits.
(a) Mobile vendors: Specific locations have been
designated within the boundaries of City Plaza
for the operation of mobile vending carts. Each
mobile vending penndt shall carry with it the
authorization to operate at one or 1� sell
in
locations. The vector may
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Ordinance No.
Page 6
transit if a customer request is made, provided
the primary trade shall be conducted at one of
the designated locations.
All lease applications for mobile vendor
operations rust be received at least four (4)
weeks before the proposed start of the lease.
The city manager or his/her appointed desig-
nee money issue a permit to operate a nubile
vending cart in the public right-of-way of City
Plaza after careful consideration and assurance
that the following conditions have or will be
net:
(1) An authorized designated nobile vending
location is available which will not
interfere with the operation of an exist-
ing mobile vendor, the general use of City
Plaza, and free move E nt within the ever-
genry/service lane.
(2) The applicant's proposed node of operation
will not impede the free flow of pedes-
trian traffic along the City Plaza right-
of-way, and in or out of retail establish -
merits fronting on the plaza.
(3) The applicant agrees to operate his/her
business only within the boundaries of
City Plaza and only at designated mobile
vending locations or in transit between
then. The applicant's permit may be
revoked if these specified locations are
not used.
(4) The dimensions of the applicant's vending
cart shall rot exceed a size of four (4)
feet wide by eight (8) feet long by six
(6) feet high.
(5) The applicant shall store the vending cart
off the City Plaza and shall describe the
provisions for storage in the permit
application.
(6) The applicant has obtained all necessary
permits required by the Johnson County
department of health.
The sale or assignment of a mobile vending
Permit for City Plaza is expressly prohibited.
(b) Ambulatory vendors: The city manager or
his/her appointed designee rmy issue a permit
for the purposes of anbulatory vending in the
public right-of-way of City Plaza after careful
consideration of the applicant's proposed
business, and assurance that the following
conditions have or will be net. All applicants
for anbulatory vendor operations mist be re-
ceived at least five (5) days before the pro -
Posed start of operations.
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Ordinance No.
Page 7
(1) The applicant will operate without the use
of a mobile vending cart and with a mini -
mm of equipment.
(2) The applicant's proposed mode of operation
neither will inpede the free flow of
pedestrian traffic along the City Plaza
right-of-way, nor shall it interfere with
such pedestrian noveneht into or out of
retail establishments fronting on the
plaza.
(3) The applicant will induct his/her vending
completely within the boundaries of City
Plaza.
(4) The applicant has obtained all necessary
permits required by the Johnson Canty
Departm it of Health.
The sale or assignment of an arbulatory vending
permit for City Plaza is expressly prohibited.
(c) Plaza cafes:
(1) Any person, firm or corporation desiring
to operate a plaza cafe in the City Plaza
mist first obtain the approval and permis-
sion of the City Council. Such permis-
sion, if granted, shall be given by
adoption of a resolution authorizing the
execution of a lease for the area in ques-
tion. Applicants seeking permission to
operate a plaza cafe shall submit their
applications in writing to the city man-
ager upon forms provided by the city. The
plaza cafe area mist be adjacent to or di-
rectly in front of a building housing a
restaurant or food service establishment
and utilization of that area is subject to
the building o;mer's approval.
(2) An application for a plaza cafe shall
include a lease executed by the operator
of the restaurant or food service estab-
lishment, and/or by the avner of the
abutting building hawing the restaurant
or food service establishment. If the
Deer of the building is not a signatory
to the lease, the application shall con-
tain a letter from the amer consenting to
the operation of the plaza cafe in the
plaza area abutting the building. The
lease shall contain provisions as hereaf-
ter set forth, and shall be in the form
provided and required by the City.
An application for a plaza cafe shall
also include a plot plan, a picture or
illustration of the amnities to be used,
including the tables, chairs, table cano-
pies, and method for delineating the cafe
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Ordinance No.
Page 8
from the rest of City Plaza. Sudi mate-
rial shall be submitted to the Design
Review Committee for review. The recon-
mendation of the Design Review Committee
shall be forwarded to the City Council in
conjunction with the council's considera-
tion of the lease.
In addition, the application shall
provide the nam and address of the owner
of each immediately abutting property.
City staff shall notify imrediately abut-
ting property owners by letter of the
nature of the application, and the date
and time this item will appear on the
agenda for approval by the City Council.
Applications will be processed by the City
staff, with the review and final approval
of any use by the City Council. If the
application and lease is approved by the
Council, City staff will be responsible
for the administration of the lease and
collection of the rental fees.
A uniform rental fee rate for plaza
cafes will be established by the city
council by resolution and may be updated
annually prior to lease -hp of plaza cafe
areas.
An applicant for a plaza cafe wfio
desires to have same approved for use as
an outdoor service area for the service of
alcoholic beverages shall so indicate on
the application, and shall submit such
additional information in support of the
application as is required by Chapter 5 of
this Code of Ordinances of the City of
Iowa City. The City Council may, in its
discretion, approve an application for a
plaza cafe and deny the application for an
outdoor service area, but an application
for an outdoor service area in the City
Plaza shall not be approved unless the
application for a plaza cafe is also
approved.
(3) A plaza cafe may use the area defined as
Zone 1, but a plaza cafe area shall not
extend into the plaza in a manner that
will not allow a minimum of eight feet of
unobstructed plaza area remaining for
pedestrian use, nor shall it interfere
with pedestrian movement into or out of
retail establishrents fronting on the
plaza. The eight foot unobstructed portion
of the plaza should be continuos and
contiguous with the adjoining walkways in
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Ordinance No.
Page 9
such a manner as to provide uninterrupted,
smooth passagwray for all pedestrians. If
the existing walkway is less than eight
feet in width, no encroacment will be
permitted. In approving an application
for a plaza cafe and in authorizing the
execution of a lease for same, the City
Council shall be required to make an
express finding that the plaza cafe will
rot constitute an obstruction to pedes-
trian use of the plaza area, and such
finding shall be included in the resolu-
tion approving same.
(4) The operation of plaza cafes shall be
subject to the following tens and condi-
tions, which terns and conditions shall be
set out in the lease to be approved by
City Council.
a. Plaza space may be leased for use as a
plaza cafe only from April 1 through
August 31 of each year, and all such
leases shall conrence and terminate,
respectively, on those dates. A
single lease may not cover more than
one operating season.
b. Plaza cafes shall be operated and used
only between the hours of 11:00 a.m.
and 8:00 p.m. each day.
c. outdoor cafes immediately abutting
City Plaza shall be required to ob-
serve the same hours and meths of
operation as plaza cafes.
d. The area for a plaza cafe shall be
temporarily delineated during opera-
tion by ropes or some other suitable
method which shall be clearly visible
to pedestrians. Tables, chairs and
other items are to be reeved at the
end of each day's operation and the
plaza cafe area restored to its nofnal
condition as a pedestrian way. No
materials shall be stored on the
public right-of-way.
e. The operation of any plaza cafe as
defined herein shall be in conformity
with all applicable Federal, State and
local laws and regulations. The plaza
cafe, as part of a restaurant, must be
licensed by the Johnson Canty Board
of Health as a food service establish-
ment. In the even of the lapse,
revocation or suspension of such
license, lessee shall immediately
cease its use of leased plaza space.
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Ordinance No.
Page 10
f. All tables and chairs in the plaza
cafe area shall be set back, for
safety purposes, at least tan feet
from alleys and shall not be located
within tan feet of a street intersec-
tion, A plaza cafe may not utilize
any public amnties as benches, seats
or tables.
g. Amplified scurd equiprent shall not be
permitted. Additional advertising or
identification signage beyond that
permitted for the main restaurant
shall not bepermitted. Any amhities
(such as chairs, tables and Lubrellas)
shall rat have any advertising on
their surfaces. Conpliance with the
city raise ordinance shall be
required.
h. Every plaza cafe lessee shall be
required to execute an agreement to
defend, mdemify and hold the City
harmless from liability arising from
its lease and use of plaza space for
plaza cafe purposes. Every such
lessee shall further be required to
provide evidence of public liability
insurance in such anount and with such
coverages as are deered sufficient by
the City.
i. The owner or operator of a plaza cafe
Shall be required to observe
per square foot occupancy limits that
apply to the building which it abuts.
The occupancy limit for each plaza
cafe shall be determined by the City
building official and set forth in the
lease. Upon closing the plaza cafe
for the day, or in the event inclerent
weather requires early closing, the
aver or operator shall not allow
patrons of the plaza cafe to enter the
restaurant housed in the adjacent
building if to do so would result in
exceeding the occupancy limits of the
restaulishedrbytas the city building ng officiaand te
j. Food and beverages mist be available
for service to patrons in a plaza cafe
Wring all hours of Operation-
kbe . Alcoholic beverages onfya plaza cafe
dis-
pensed to pa roved cafe
-unless such area has been app as
an --outdoor service area" pursuant to
chapter 123 of the Iowa Cade, Chapter
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Ordinance No.
Page 11
150 of the Iowa Administrative Code
and Chapter 5 of the Code of Ordi-
nances, City of Iova City. Due to the
limited hours and months of operation
of plaza cafes and Outdoor cafes
adjacent to City Plaza, such cafes
will be exempt from those provisions
of Chapter 5 of the Code of
Ordinances, City of Iowa City, relat-
ing to the location and screening of
outdoor service areas.
1. In the event that the City Council
determines that it is no longer in the
public interest to maintain a particu-
lar plaza cafe, or plaza cafes in
general, either because of threat to
public health, welfare or safety, or
because of the creation of an obstruo-
tion to pedestrian use of the plaza,
or because of the creation of a nui-
sance involving a plaza cafe, or
because of the violation of any stat-
ute, la4, rule or regulation involving
a plaza cafe, then in that event the
City Council may cancel such lease or
leases, utilizing the prpoedure here-
after set forth.
1. The City Council shall, by resolu-
tion, authorize the giving of
notice of cancellation, such can-
cellation to be effective not less
than 14 days after the giving of
notice.
2. The notice of cancellation shall
state the date and time at which
cancellation of the lease will be
effective and at which use of
plaza space oust cease. The
notice shall indicate the rea-
son(s) for cancellation and shall
also indicate that the lessee my
appeal such cancellation by giving
written notice of appeal to the
City Clerk within three days of
the lessee's receipt of notice of
cancellation.
3. The appeal of a cancellation of a
plaza cafe lease shall be heard by
the City Council in accordance
with the procedures set forth in
Sections 2-186 and 2-187 of the
Code of Ordinances, City of Iola
City.
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Ordinance No.
Page 12
m. Notwithstanding the provisions of
subparagraph I. above, the City Coun-
cil may order the immediate closure of
a plaza cafe if it determines that its
continued operation presents a clear
and imninent threat to public health,
safety or welfare.
(5) Operation of a plaza cafe in violation of
any provision hereinabove set forth, or in
violation of any Order Or notton of Council'
issued by Y .
shall constitute a misdemeanor.
(d) other events: For all other events, an appli-
cation for the use of City Plaza must be re-
ceived at least ten (10) days before the start
of the event. The city manager or his/her
appointed designee may issue a penmit for all
other permitted events provided: 1) that the
event will neither impair the free flaw of
pedestrian traffic along the City Plaza right -
of way, nor interfere with such pedestrian
moveremt into or out of retail establishments
fronting on the plaza, and 2) that the event
will comply with all other requirements of this
chapter. The city manager shall establish and
place an file in the office of the city clerk
written regulations governing the time, place
and manner in which the permitted events may be
conducted.
sec. 9.1-9. Application procedures.
hi
(a) In order to obtain a permit pursuant to
'a
chapter, the applicant shall file an applica-
tion with the city manage' or his/her desigu�
In order to be considered, the application
attadvrent shall contain sufficient information
to fully determine the intent of the applicant
and to ensure full compliance with this chap-
ter. The city manager shall establish the
requirenents for applications and shall estab-
lish the procedures for review of all applica-
tions. or authori-
zation
prior to the issuance of any permit
of any lease which includes modification
or removal of plaza landscaping, the desi91 of
such shall modification or removal be submitted
to the design review conmittee for review. The
design review committee shall review the plans
submtted and shall make a written rec=nda-
tion to the city manager.
(c) In icwhere may
more ,r me
application ora particular location, the
city manager considers it in the public inter-
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Ordinance No.
Page 13
est to solicit proposals, the city manager
shall establish such selection procedures as
he/she deerre fair, reasonable and appropriate.
(d) Applications for a charge of use shall follow
the sane procedure and be subject to the same
review and approval criteria as new applica-
tions.
Sec. 9.1-10. Fees.
A fee, if applicable, shall be paid within ten
(10) days of the granting of the City Plaza use
permit and before the permitted activity begins. The
city council shall periodically review and revise,
as appropriate, by resolution, fees for the tease of
property and for the issuance of permits authorized
herein. Failure to provide the applicable payment as
specified in any lease agreement within ten (10)
days of the prescribed time will result in a revo-
cation of the lease and permit.
Sec. 9.1-11. Termination and revocation.
(a) Permits for specific locations shall be for one
year.
(b) Permits are non -transferable. Leases may be
assigned or sublet only upon prior written
approval of the city council.
(c) (evocation of permit: The city manager is
authorized to revoke a permit issued under this
Chapter whenever (1) the holder has failed to
comply with any provisions of this Chapter, or
(2) a situation involving the permitted event
exists which presents a threat to the public
health, welfare or safety, or the creation of
an obstruction to pedestrian use of the plaza,
or the creation of a nuisance, or the violation
of any statute, law, rule or regulation involv-
ing the permitted event. Said revocation shall
be effective no less than 14 days after written
notice of the same; the notice of revocation
may be appealed and heard before the City
Council pursuant to the procedures set forth in
sec. 2-184, et seq. of the Code of Ordinances,
City of Im City. Nothing in this section
shall prohibit emergency orders under Sec.
2-188 of the Code of Ordinances, City of Iowa
City.
SECTION 3. REPEALER: All ordinances and parts of
ordinances in conflict with the provision of this
ordinance are hereby repealed.
SECTION 4. SEVERABILITY: If any section, provision
orpart 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 ad-
judged invalid or unconstitutional.
P09
_'Lt
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Ordinance No.
Page 14
SECTION 5. EFFECTIVE DATE: This Ordinance shall be
n effect a er i s final passage. approval and
publication as required by lad.
Passed and approved this
ATTEST:
Cm Cm
81L
m
-v�
It was moved by and seconded by ,
that the Ordinance as read e adopted and upon roll call there were:
AYES: NAYS: ABSENT:
AMBRISCO
BAKER
COURTNEY
DICKSON
MCDONALD
STRAIT
ZUBER
First consideration
Vote for passage:
Second consideration
Vote for passage
Date published
8Ab
r-
CRDINARCE NO.
AN ORDINAME AMENDING CHAPTER 5 BF TIE COLE OF
5ORONd4FCES, CITY OF IOWA CITY, BY AMENDING SECTION
5-1 THEREOF TO PROVIDE A DEFINITION OF TIE TER4
"OUTDOOR SERVICE AREA, , AND BY ADDING TIERETO lEW
SECTION 5-39 TWMGI 5-44 RELATING TO TRE R€RLA-
TION OF OUTDOOR SERVICE AREAS.
BE IT ORDAINED BY TIE CITY COLICIL OF TRE CITY OF
IOWA CITY, IOWA, TINT:
SECTION 1. PURPOSE: The purpose of this revision
of Chapter -5is to define the term "outdoor service
area" and to provide regulations for their operation
in conjunction with a premises licensed to sell beer
or alcoholic beverages.
SECTION 2. NfNO ENI. Chapter 5 ("Alcoholic Bever-
ages thon b-1 of the Cade of Ordinances of the
City of Iove City is hereby repealed and substituted
in its place is the following new Section 5-1
"Definitions," to read as follows:
Sec. 5-1. Eefinitionns.
The following definitions shall apply to this
chapter:
Alcohol means the product of distillation of
any fermented liquor rectified one or more times,
vhatever Trey be the origin thereof, and includes
synthetic ethyl alcohol.
Alcoholic liquor or alcoholic beverage in-
cludes the three (3) varieties of liquor defined
oder the terms "alcohol," "spirits" and "urine"
in this section, except "beer' as defined in this
section, but including all beverages made as
described in such definition of bee' which con-
tain more than four (4) percent of alcohol by
weight, and every liquor or solid, patented or
not, containing alcohol, spirits, or urine, and
susceptible of being consuned by a hunan being
for beverage purposes.
Application means a formal w-itten request
for the issuance of a permit or license supported
by a verified statement of facts.
Bee' means any liquid capable of being used
for beverage purposes made by the fei entation of
an infusion in potable water of barley, malt, and
hops, with or without umalted grains or
decorticated and degerminated grains containing
not more than four (4) percent of alcohol by
%Yeight.
Club "mans any non-profit corporation or
association of individuals, which is tM_ one-,
lessee, or occupant of a permanent building or
Part thereof, mmbership in which entails the
8/4
—,A�
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Ordinance tb.
Page 2
prepayment of regular dues and is not operated
for a profit other than such profits as would
accrue to the entire maibership.
Camercial establishment means a place of
business which is at all times equipped with
sufficient tables and seats to accommodate
twenty-five (25) persons at one time, and the
licensed premises of which conform to the stan-
dards and specifications of the department.
Council means the beer and liquor control
council established by state law.
Department means the beer and liquor control
department established by state law or any divi-
sion of such department.
Director means the director of the beer and
liquor control department, appointed pursuant to
the provisions of state law, or his designee.
Hotel or motel means a penises licensed by
the state department of agriculture and regularly
or seasonally kept open in a bona fide manner for
the lodging of transient guests, and with twenty
(20) or more sleeping room.
Legal age means nineteen (19) years of age or
more. This provision shall not apply to persons
who were born on or before June 30, 1960.
Licensed penises or penises means all rooms
or enclosures where alcoholic beverages or beer
is sold or tonsured under authority of a liquor
control license or beer permit.
Outdoor service area means an area outside of
but immediately adjacent to a building housing a
licensed penises, which area has been apprwed
for use for the sale, dispensing and consumption
of alcoholic beverages or beer pursuant to the
provisions of this Chapter, Chapter 123 of the
Iowa Code, and Chapter 150 of the Iva Pdninis-
trative Code. M outdoor service area shall
include any outdoor area where beer or liquor is
to be sold, served, carried, or consumed by the
public and shall be considered as part of the
licensed penises. the sarre Federal and State
laws and local ordinances which apply to the
licensed penises shall also apply to the outdoor
service area.
Permit or license means an express written
authorization issued by the departnent for the
manufacture or sale, or both, of alcoholic liquor
or beer.
Person means any individual, association,
partnership, corporation, club, hotel, motel, or
nnnicip3l corporation owning or operating a bona
fide airport, marina, park, coldseun, auditorium,
Pig
-I
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Ordinance tb.
page 3
or recreational facility in or at Which the sale
of alcoholic liquor or beer is only an incidental
part of such %nErship or operation.
Person of good moral character means any
person Who meets all of the following require-
ments:
(1) He/she has such financial standing and good
reputation as will satisfy the director- that
he/she will canply with the state lad and
all laws, ordinances, and regulations appli-
cable to his/her operations under state
law.
(2) Hem does not possess a federal garbling
(3) He/she is not prohibited by the provisions
of section 5-38 of this chapter Min obtain-
ing a liquor control license or beer per-
mit.
(4) hie/she is a citizen of the hhited states and
a resident of this state or licensed to do
business in this state in the case of a
corporation.
(5) %/she has not been convicted of a felony.
However, if his/her felony conviction oc-
cunred more than five (5) years before the
date of the application for a license or
Permit and if his/her rights of citizenship
have been restored by the governor, the
director may determine that he/she is a
Person of good moral character notwithstand-
ing such conviction.
(6) If such person is a corporation, partner-
ship, association, club, hotel, or motel,
the requirements of this subsection shall
apply to each of the officers, directors,
and partners of such person and to any
person Who directly or indirectly Owns or
controls ten (10) percent or more of any
class of stock of such person or has an
interest of ten (10) percent or more in the
ownership or profits of such person. For
the purposes of this provision, an individ-
ual and his/her spouse shall be regarded as
ore person.
Prohibited sale of alcoholic liquor or beer
urder this chapter includes soliciting for sales,
taking orders for sales, keeping or exposing for
sale, delivery or other trafficking for a valu-
able consideration pranised or obtained, and
procuring or allowirg procure -,Mt for any other
person.
Public place moans any place, building, or
conveyance to Which the public has or is Permit-
ted access.
914
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Ordinance No.
Page 4
residence means the place vhere a person
resides, penwnertly or temporarily.
retail beer permit means a class "B" or "C"
beer permit issued under the provisions of this
chapter and state law.
retailer means any person who shall sell,
barter, exchange, offer far sale, or have in
possession with intent to sell, any alcoholic
liquor for consunption on the premises where
sold, or beer for consurption either on or off
the prenises where sold.
Spirits means any beverage which contains
alcohol obtained by distillation mixed with
drinkable water and other substances in solution,
including, but not limited to, brandy, run,
whiskey, and gin.
Wine means any beverage containing alcohol
obtained by fermentation of the natural sugar
contents of fruits or other agricultural prod-
ucts.
SECTION 3. AP1EN7hM: Chapter 5 ("Alcoholic Bever-
ages -o e at Ordinances of the City of Iowa
City is hereby amaded by adding thereto the follow-
ing ned Sections 5-39 through 5-44, to read as
f IMS:
Sec. 5-39. O hJw Service Areas.
Any permittee or licensee under this chapter,
or any applicant for a license or permit oder
this chapter, desiring to operate an outdoor
service area adjacent to and in conjunction writh
a licensed prenises must obtain the approval of
the city council and of the Iowa Beer and Liquor
Control Deparimert before commencing operation of
such outdoor service area.
Ser. 5 40. /ipplication far Femission W (paste
an OrOdoQ Service Aea.
(a) An application for an outdoor service area
shall be made upon the form provided by the
city. Such application may accanpany the
initial application or any renewal applica-
tion for a license or permit oder this
Chapter or may be submitted at my time in
conjunction with an amended application for
a license or permit.
An application for the approval of an
outdoor service area shall include all
information required to be sutmitted writh
applications for Meer and liquor licenses.
The application shall be sufmitted to the
city clerk at least 15 days prior to the
date it is to be considered by the city
council. An outdoor service area shall be
subject to the same annual renewnl require-
ments as are all freer and liquor licenses.
M.
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Ordinance tb.
Page 5
Approval by tte city council of an outdoor
service area shall be by letter to the Ions
Bear and Liquor Control Department with
regard to the diagram, dram shop insurance
coverage and all other State requirements.
(b) Upon submitting an application for an out-
door service area, applicant shall provide
the nare ard address of the Omer of each
abutting property as veil as every otter
property which is within ore hundred (10D)
feet of applicant's premises. The city will
then notify these property Owers by letter
of the nature of the application and the
date and time when it will appear on the
agenda for approval by the city council, so
that these property Owers will have an
Opportunity to cament on the application if
they wish.
(c) Approval or disapproval of an application
for an outdoor service area shall be at the
discretion of the city council. Such dis-
cretion shall be exercised with due regard
to public health, safety and welfare consid-
erations. In the event that there is a
change of Onership, the outdoor service
area use shall be permitted to continue
Provided that the usage is continuous.
Sec. 5.41. Pagulation of Outdoor Service Meas.
The operation of an outdoor service areas
shall be subject to the following terms, cordi-
tions and regulations.
(a) Outdoor service areas must be located on
private property and may riot encroach on any
Public right-of-way except as provided in
Section 9.8 of the City Cade of Ordinances.
(b) Outdoor service areas shall not be located
in the front yard of any licensed premises.
(c) Outdoor service areas shall be screened on
all sides fran public view. Screening shall
consist of a fence or other suitable barrier
of not less than five feet in height nor
more than eight feet in height. It shall be
Of solid construction which will effectiv ly
prevent ingress or egress from the preniges
except by way of an emergency fire exit
only. Such fire exit shall be required of
all outdoor service areas.
(d) Outdoor service areas shall not be accessi-
ble except from the licensed premises which
it adjoins. The regjired fire mit shall be
an emergency exit only.
(e) An outdoor service area m,,St M mmediaW.ly
adjacent to the licensed establishntnt of
which it is a part.
MM
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Ordinance hb.
Page 6
(f) outdoor service areas shall be permitted
only in those zones which permit other than
residential uses and shall not be permitted
to exist within 100 feet of any lot zoned
for residential use.
(g) Outdoor service areas shall conply with
appropriate building, housing and fire codes
and with all other applicable State and City
laws.
(h) Seating or other accormodations in an out-
door service area shall not exceed one (1)
person per fifteen (15) sgare feet of floor
area accessible to the public.
(i) Arplified sourd equiprnt shall be prohib-
ited in outdoor service areas. Compidance
with the City noise ordinance shall be re-
quired. Additional advertising or identifi-
cation signage beyond that permitted for the
main licensed establishment shall not be
permitted.
(j) The owner or operator of an outdoor service
area shall be required to observe the sane
per square foot occr{ancy limits that apply
to the buildirg which it abuts. The occu-
pancy limit for each outdoor service area
shall be determined by the city building
official. In the event inclerent weather
requires early closing of the outdoor serv-
ice area, the licensee or permittee shall
not allow patrons of the outdoor service
area to enter that portion of the licensed
penises housed in the adjacent building if
to do so would result in exceeding the
occupancy limits therefore as determined by
the city building official.
Sec. 5-42. Ewptiom from MWW Service Area
Regulations.
(a) An applicant may, as a part of the applica-
tien for an outdoor service area, request
exemption from the requirements of subsec-
tions (c) and (d) of Section 5-41 above.
After review and comment by appropriate City
staff, the City Council may approve such
exemptions if it determines that to do so
would rot jeopardize the health, welfare or
safety of the users of the outdoor service
area or of the owners or uses of abutting
Property. The burden of establishing
entitlement to such exemption shall be upon
the applicant, and cost of compliance alone
shall net be sufficient gnaurds to justify
exemption. Outdoor service areas in exis-
tence on the date of passage of the ordi-
nance codified in this section shall have
Y!4
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Ordinance W.
Page 7
one year from the date of passage to ca ply
with all requirements for outdoor service
areas stated in paragraph (e) above, or to
obtain exemption therefrom.
(b) outdoor cafes adjacent to City Plaza and
plaza cafes, as defines in Chapter 9.1,
which are also approved for use as outdoor
service areas, shall be exempt frau the
requirements of subsections (a), (b), (c)
and (d) of Section 5-41 above. This exenp-
tion is deemed justified on health, welfare
and safety grounds dna to the limited nature
of the services offered by, and the limited
hours and months of operation of, such
outdoor cafes and sidewalk cafes, and due to
the nature of public usage of City Plaza.
Sec. 5-43. Irnspection of Outdoor Service Neal.
Outdoor service areas shall be subject to
inspection at least annually at the sae time
inspection of the adjacent licensed establishment
occurs. The City may, in its discretion, inspect
an outdoor service area at any other time.
Sm. 5-44. SBpansion or Invocation of ttrmis-
siao to Gate an Outdoor Service Nea.
(a) The city may, after notice to the licensee
or permittee and after a reasonable opportu-
nity for hearing, suspend or revoke authori-
zation for the operation of an outdoor
service areas for any establishment when the
licensee or permittee has violated, or has
penmitted or allowed the violation of any
provision of the I" Code or Code of Ordi-
nances of the City of Iowa City pertaining
to the operation of an outdoor service area,
or when the continued operation of the
outdoor service area constitutes a threat to
public health, welfare, or safety, or con-
stitutes a nuisance.
(b) The suspension/revocation procedure shall be
initiated by the police chief by the filing
of an adninistrative hearing cmplainnt with
the city council or Iowa Beer and Liquor
Control Camnission. Written notice of
hearing, as well as a copy of said
complaint, shall be served upon the licensee
or permittee at least ten days prior to the
date set for hearing. The hearing, if held
before the city council, shall be governed
by the procedures as established by Sections
2-186 and 2-187 of the Cade of Ordinances of
the City of Iowa City. In the event of
suspension or revocation, the city shall
g/e
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Ordinance W.
Page 8
notify the Ioe Beer and Liquor Control
Departnent Hearing Board, pursuant to Sec-
tion 123.32, Code of Ioa.
(c) Pbtwithstardirg the provisions of subpara-
graphs (h) and (i) above, the city council
MY order the irmeliate closure of an out-
door service area if it is determined that
its continued operation presents a clear,ard
iaminent threat to public health, safety or
wel fare.
(d) Suspension or revocation of authorization by
the city for operation of an outdoor service
area shall rot affect the licensing of the
Principal establisbnent, unless separate
action to suspend or revoke that
license/permit is also initiated.
SECTION 4. REPEUR: All ordinances and parts of
o inances in con rd with the provision of this
ordinance are hereby repealed.
SECTION 5. SEVERABILITY: If any section, provision
Or part of the Ordfi—ance 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 ad-
judged invalid or unconstitutional.
SECTION 6. EFFECTIVE DATE: This Ordinance shall be
in effect after its final passage, approval and
publication as required by law.
Passed and approved this
ATTEST:
8/4
It was moved by 'and seconded by
that the Ordinance as read e adopted and upon roll call ere were:
AYES: NAYS: ABSENT:
AMBRISCO
BAKER
COURTNEY
DICKSON
MCOONALD
STRAIT
1UBER
First consideration
Vote for passage:
Second consideration
Vote for passage
Date published
01W
/
G\
It was moved by 'and seconded by
that the Ordinance as read e adopted and upon roll call ere were:
AYES: NAYS: ABSENT:
AMBRISCO
BAKER
COURTNEY
DICKSON
MCOONALD
STRAIT
1UBER
First consideration
Vote for passage:
Second consideration
Vote for passage
Date published
01W
r-
City of Iowa City
MEMORANDUM
Date: April 29, 1986
To: Mayor Ambrisco and City Council
From: Margaret Nowysz, chair, Historic Preservation Commission
Re: Preservation Week: May 11-17, 1986
"CELEBRATE HISTORIC PLACES - OUR PAST FOR OUR FUTURE" has been proclaimed
the theme for the 14th annual National Historic Preservation Week, May
11-17, 1986. Approximately 5,000 preservation and neighborhood groups
nationwide are expected to observe this event. The purpose of Preserva-
tion Week is to make the public aware of the enormous contribution his-
toric places make to the quality of life in every American community. The
Iowa City Historic Preservation Commission is requesting that the Council,
at its May 6, 1986, meeting, proclaim May 11-17, 1986, as Preservation
week and call upon Iowa City residents to recognize this special obser-
vance. A proclamation is included in the agenda packet for the May 6
meeting.
The Commission will be participating in several events in honor of Preser-
vation Week. On the evening of Tuesday, May 61 the Historic Preservation
Commission will participate in an Artist's Forum. In conjunction with an
exhibit entitled "Familiar Places" which focuses on art and architecture,
the Commission will join a discussion of the influence of architecture in
art and of the desirability to preserve and restore original architecture
versus permitting buildings to evolve with time. The forum is co-sponsored
by the Iowa City/Johnson County Arts Council and the Iowa City Public
Library and will be held at 7:00 PM in Meeting Room A of the Public Li-
brary.
Between May 11 -June 11, 1986, a photographic display of four recently
rehabilitated structures will be exhibited in the lobby of the Iowa City
Public Library. You may recall that in January, 1986, these four proper-
ties were recommended for 1985 Historic Preservation Awards in recognition
of historically and architecturally sensitive rehabilitation of the exte-
riors of these buildings. The properties which will be on display are
the Eskin House (1047 Woodlawn), the Foster -Milman House (417 Brown
Street), the Braverman House (503 Melrose Avenue), and the Mid -Eastern
Iowa Community Mental Health Center (505 E. College).
In observance of Preservation Week, the Friends of Old Brick and the
Historic Preservation Commission are planning a noon luncheon for May 12,
1986. Elizabeth Leach of Davenport, Iowa and Washington, D.C., an archi-
tectural historian, will speak at this event. Presentation of the Commis-
sion's 1986 Preservation Week awards will also be made. In the past two
years, the Commission has recognized individuals, during Preservation
Week, who have made significant contributions to the preservation of local
history. In 1984, Fred Kent, photographer, was presented an award and in
g17
q
1985, Irving Weber, journalist and historian, was recognized. This year,
the Commission has selected to honor the individuals who were influential
in saving Old Brick. Recognition will be given to Joseph and Tillie
Baker, James Harris, Emil and Margaret Trott and Dorothy and Charles
Whipple. These individuals made the community aware of the desirability
of saving old buildings and of adapting these buildings to contemporary
uses. A nominal fee for the luncheon will be charged. Councilmembers,
however, are invited to the luncheon as guests of the Friends of Old
Brick. If Councilmembers attend the luncheon, the Commission requests
Councilmembers' assistance in the presentation of the 1986 awards.
If you have any questions or desire additional information, please do not
hesitate to call me at 337-9934 or Monica Moen, Commission staff assis-
tant, at 356-5247.
tp2/2
8/7
City of Iowa City
MEMORANDUM
Date: April 23, 1986
To: Charles Schmadeke, Director of Public Works
From: James Brachtel, Traffic Engineer
Re: Signalization of Mormon Trek Boulevard/Benton Street
This is to answer two questions the City Council has about the intersection
of Mormon Trek Boulevard/Benton Street.
The signalization project for the intersection of Mormon Trek
Boulevard/ Benton Street was proposed for FY87 based upon a traffic engineer-
ing study of the conditions of Mormon Trek Boulevard/ Benton Street. It was
determined that the accident warrant for signalization was met at this inter-
section based upon a review of accidents for the 12 months prior to the study
period.
The Council is also concerned about the amount of sight distance for vehicles
approaching from the south. Based upon the design criteria of 1984 as estab-
lished by the American Association of State Highway and Transportation Offi-
cials, there is adequate sight distance for vehicles approaching from the
south to come to a stop prior to entering the intersection. There should be
no difficulty for vehicles approaching from the south to come to a complete
stop. In the event of snowy or icy conditions, the Streets Department will
have to maintain its current policy of providing early sanding and salting as
necessary to reduce the potential hazard caused by packed snow and/or ice.
Traffic Engineering is proceeding with the installlation of traffic signals
at the Mormon Trek Blvd/Benton St intersection in FY 87 as approved by
Council in the FY 87-91 CIP.
bj3/1
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MINUTES
JCCOG AD HOC TRANSIT STUDY COMMITTEE
THURSDAY, APRIL 10, 1986 - 4:30 P.M.
IOWA CITY TRANSIT FACILITY CONFERENCE ROOM
MEMBERS PRESENT: George Strait, Dave Ricketts, Anne Rawland, Al Axeen for
Michael Kattchee, Phil Shive
14EMBERS ABSENT: Dick Myers
EX -OFFICIO MEMBERS PRESENT: Roger Fisher, John Lundell, Frank DePirro,
Don Roth
STAFF PRESENT: Jeff Davidson, Cheryl Tworek
GUESTS PRESENT: Patricia Tekippe, Marjorie Hayden -Strait, Ed Snuffin,
Terry Reynolds
1. CALL TO ORDER:
Chairperson Strait called the meeting to order at 4:35 p.m.
2. APPROVAL OF MINUTES:
Ricketts moved and Rawland seconded that the minutes of the March 27th
meeting be approved. The minutes were approved unanimously.
3. DISCUSSION OF IOWA CITY TRANSIT MAINTENANCE ORGANIZATION:
Davidson presented introductory information concerning the maintenance
organization of Iowa City Transit. The procedure at present is that
transit maintenance is handled by the City's Equipment Division. This
issue has been addressed previously on several occasions and an out-
side consultant was brought in (Arrow) to do a survey of this issue.
Discussion began as to whether or not this committee should endorse
the existing arrangement or recommend reorganizing transit maintenance
under Iowa City,Transit.
Much of the discussion was between DePirro and Reynolds. DePirro
presented his questions of concern on this subject. Major questions
concerned the worksheets used for job orders, the "flat rates" used by
the Equipment Division and the accountability of the mechanics to the
Transit Department. Lundell stated he had some concerns about ac-
countability with the existing arrangement, but felt he needs more
experience before he would favor reorganization. Lundell and DePirro
emphasized that their concerns were with the arrangement of transit
maintenance, and that they were not being critical of the Equipment
Superintendent.
Reynolds stressed the accountability of the existing system and stated
that all information is stored on computer and can be re -accessed.
Ricketts stated that although he favored the CAMBUS arrangement of
transit maintenance under the Transit Manager, he understood the
complexity of the ICT issue. Ricketts stated that he felt labor-
nanagement problems would continue to exist if transit maintenance
were reorganized.
P12L
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MINUTES
JCCOG AD HOC TRANSIT STUDY COM14ITTEE
APRIL 10, 1986
PAGE 2
DePirro brought up the issue of chargebacks based on cost per mile.
Reynolds stated that the rate is adjusted every six months. Lundell
stated this arrangement results in the Transit Department having a six
month lag in feeling the effects of cost increases and decreases.
DePirro asked why the recent deficit due to the increase in the main-
tenance rate was not foreseen by the Transit Manager. Reynolds
replied that the Transit Manager receives the appropriate information.
Davidson reminded that the recent deficit was both existing and pro-
jected, and hopefully actions which have been taken will forestall
much of the projected deficit. Strait asked Lundell if he thought he
would be able to make a recommendation on the organization of transit
maintenance in 2.or 3 months. Lundell replied he thought he would.
4. DISCUSSION OF PARK AND SHOP/BUS AND SHOP PROGRAMS:
The proposal by DePirro and Don Roth to combine the Park and Shop and
Bus and Shop programs with a single merchant reimbursement rate of 401
was discussed. Davidson stated that this matter had been referred to
the Iowa City Council, and that the Council had referred it back to
the Ad Hoc Committee for a recommendation. Davidson reminded Commit-
tee members that in February the Iowa City Council took action to set
the merchant reimbursement for the Park and Shop program at 301. The
reimbursement for the Bus and Shop program is the full 501 fare.
Davidson stated that the issue raised by DePirro and Roth to raise the
minimum purchase from $5 to $10 has already been implemented.
Davidson stated that the Downtown Association and City had worked out
an agreement regarding the employee pilferage problem. Davidson empha-
sized that Park and Shop and Bus and Shop are Downtown Association
programs and that the City is only involved in billing matters. Shive
reiterated that many of the concerns brought up by DePirro and Roth
have already been addressed by the Downtown Association. Shive added
that decals and stickers are already made available to merchants by
the Downtown Association, but it is an individual merchant's decision
whether or not to display them. Shive stated he would like to see the
Bus and Shop program opened up to the entire City. Shive stated that
the Downtown Association is continuing to address the Park and Shop
and Bus and Shop programs. Davidson stated that he had not received a
clear consensus from the Transit Ad Hoc Committee as to whether or not
they endorsed the element of the DePirro Roth proposal to combine the
two programs with a single 401 reimbursement rate. Strait asked if
Shive would take this matter to the Downtown Association for their
opinion. Shive stated that he would and report back at the next Ad
Hoc Committee meeting.
5. UPDATE ON ADVERTISING AND MARKETING ACTIVITIES:
Davidson stated that transit marketing proposals would be presented to
the Iowa City City Council at their informal meeting on April 29. The
system route map overlays will also be presented. Tekippe stated that
her group was working with Lundell in narrowing down the proposals.
$/1
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141 HUTES
JCCOG AO HOC TRANSIT STUDY COMMITTEE
APRIL 10, 1986
PAGE 3
Rawland presented information that she, Ricketts and Shive had pre-
pared. Ricketts outlined the proposed on -board advertising program
which is being expanded from CAMBUS to include Iowa City Transit and
Coralville Transit. The Committee expressed their support of the
onboard advertising proposals. Ricketts stated that CAMBUS does not
allow advertisements for alcohol, smoking and political issues; but
that this would be left up to the discretion of each system.
6. OTHER BUSINESS:
None.
7. ADJOURNMENT:
Strait declared the meeting adjourned at 6:13 p.m.
Minutes taken by Cheryl Tworek
8/9
-I
MINUTES OF STAFF MEETING
APRIL 23, 1986
Referrals from the Council meetings on April 21 and Apri
attached)1986, were
distributed to the staff for review and discussion (copy
f the
on Trek
est
discussions held was the,status
athat ostaff was m directed nbyWthe
City Council to review the location of the power pole whichOWe�spoletes vision
the
at that intersection. The potential relocation of the p
discussed with the Council in conjunction with the signalization project.
Prepared by
Rosemary h'oo
f
7
NIM
INFORMAL COUNCIL MEETING
April
21, 1986
DATE:
PENDING COUNCIL ITEMS
UW
¢Z
SUBJECT
W
o�
w O
RETTORRED ouE
ppo
o
COMMENTS/STATUS
—
cr
U)w
W Dr
cc
a
Construction Sites
4/21
Housing &
Insp
Explore standards for maintenance
of construction sites.
Servicecestion
Railroad Crossings
4121
/
Public
Works
Proceed as proposed.
Sunset Street & Highway 1
9 Y
4/21
Public
Works
traffic Engineer contact IDOT-
re: markings in median crossover.
Design Review Code
41P1
Planning
Program
Send information on concept
pt presented
Developmen
to Council to the Downtown Associatioi
and the Chamber of Commerce. Solicit
representatives to meet with DRC.
Include information on boundaries of
expanded design review area. Formula
specific proposal for Council consid-
eration.
I
REGULAR CuUNC1L MEETING
April 2"', 1986
DATE : PENDING COUNCIL ITEMS
=1'a�
REFERRED
TO
DATE
DUE
W W
Q W¢
g2�
F1=0
w ¢
}
H
O
a
COMMENTS/STATUS
O W
Wm
0'2
cc az
SUBJECT
W j
Qw
ov
¢
IRB Issues
4/22
Finance
Arrange for Council review of pians
for all IRB projects at the puolic
hearing.
Recreation Division Deficit
4/22
Parks &
Recreation
Status report to Council -when will it
be ready.
Letter to Simon Estes
4/22
Acting Cit
Manager
Letter to accompany proclamation.
=1'a�
Two Views on More Gas Taxes
Topping Off Mass Transit's Budget
WITR gasoline prigs
failing and motorists
presumably in a better
p=ly
Planners In the metropolitan area
have bent cmtrug covelqu gtar,ces
at gasoline taxes as a source of
Ands. The Regional Platt
Association, a private research
group, recommended last month
that motorists help the hard-pressed
.Metropolitan Transportation
Authontybypoying higherlocalard
Federal gasoline taxes, higher
bridge,andtunnel tolls in New York
City and higher motor vehicle
registration hes in the M.T.A.
district — New York City and the
seven closest New York counties.
But in addition to New York City's
8.25 percent sales tax, motorists
already Pay 8 cents o gallon to the
state and 9 cents to the Federal
Government. The city and state
taxes go into general funds; of the
Federal tax, 8 cents Is used for
highway construction and a penny
goes to mass transit. James Brooke,
who rovers transportation for The
Times, asked Felix G. Robot^ in,.
investment banker who is chairman
of the Municipal Assistance
Corporation and heads the trans'
committee of.Goverror Cuomo -s
Council an Fiscal and Economic
Priorities, and James J. McGowan,
director of govemmem affairs for
the Automobile Club of New York.
for their thoughts. Some excerpts
follow.
FELIX C. ROHM
More Funds
Are Needed
Question. why is an increase In
gasoline tun appealing mw!
Answer. In New York, we have a
very under -Invested mass trans:;
system, which was for 20 years
a� starved for capital while capital was
T; being diverted to operating expenses
or to subsidizing the fare. The sys.
cern Pmbably needs somewhere be
ran. ' !1 anJ $1.5 S:!;lon annual:
Jver •ne nev 20 years for capita: jr.
provemenls.
In add tm toe orgasm opcatn as
a deficit to order to keep Ilse fan at
levels t
fan box at lepeople, tan afford. Mise
point accounts for
maybe see twerbere between 50 and 60
q
the., d thetotalopendngmatsd
the rt®, pd hiWm this year. 7be
reit 1115 to some from City, para and
Federal sub ddlex.
t6QSo
ttelP"Ilro tan east come to
A. Once YOU accept that the mass
transit system Is such a vital part.
not Only of the dry and the region.
but of the whole state's economy. the
alternative Is not a tax or no tax, but
whim of the taxes is the least dam.
agftig and which is the fairest, and
whim Is the ape mast likely to do the
Job. And I'm oat attggesting that the
gas would be theomy tax to do It. For
Instance, it would seem to me to be
gulte appropriate to have teal prop-
erty owners in the metropolitan re.
Sion pay their sham of the mus
transit Darden. But I would think
that In any tax of taxes, a gasolin^
:-- would clearly be the most Pau.
tats in the real world and would b
rr. least likely to damage the ecor
omy and probably less painful then
many other types of charges for pa,
gilt in low Income brackets.
Q. Sbould this be a regional, pale.
Federal or M.T.A arrangemest!
A. Ideally You can do It several
ways. You could Impose a large Fed.
eral gasoline tax, part of which
would be used to reduce the Federal
deficit In general and part of which
could be rebated to the state to R.
nano mass transit. Another ap.
proach would be to have a regional
gas tax increase, as among Connect.
lout. New Jersey and New York6
wok or would driven J st goapeer
the border!
A. I think an M.T.A. region gasp
:ire tax probably would be tat leaky.
But you could certainly see a state.
wide tax with some proceeds gomp
uprate for road construction, say, or
!o: school construction or to reduce
property taxes.
Q. Is It fair to burden New York
driven with yet another tor!
A. First of all, gasoline is one of the
ctnPest commoditle; in ttus coun-
In, as compared to many other
;.:aces In the world. For example,
m
- rance gasoline is selling at roughly
:::roe nmes the price it's selling for
nere, and all of the difference can.
-51S Of taxes. secondly, the Automo-
nle Club and drivers and everybody
else seem to be reasonably relased
when ft hams m payfq money Me
to the Atab shetb. liar who the
Price of OU is colIapslag and gasoline
Prim are mllapdog, tbey sem ter.
ribly toothy attam IlmIuM the re.
dtedfosydtr to oafs fa oder to &
napce the maw trwodt system,
which wM mala, lite a lot bettar for
motorists th the in
lbs queen and the bridt mad the
h*=Yl maybe alittle bit reduced.
Q. Row do In nsPmd to people
who my we ban this emrmons capi.
tal Program and the stations sail
rtonfeg late, the Od street morel
baa ye• to open!
A. If we were to create a transit
version of the Municipal Assistance
Corporation to Issue bonds and fi.
nance the transit system, I would
want to see the board of that Transit
M.A.C., it you will, act u a control
mechanism or a control board in
this capital program to make sure
that You don't build 00 million holes
in the
grand.
hll DO Ym _
.d my specific, e he In our IgnLmir, or in
Congress,
IA* guolfpetaxes are
considered tae of the great ways to
political suldde in this epmtry. I
thathat And the cozzintittec
t 1 Ibud an Isis, tnnrp e,,um
hasn't came Out Yet for a gasoline
•u. We haven't finished our work
The mot important ttdrsg I learned
at the time of the New York City fis-
cal crisis was that a number of
UW that 1 was told were pollucauy
impassible finally did happen bo-
cause the cbelm were so limited.
jams J. www"
But Not
From Us
' Qulntloa what do You thiol of the
Answer. We've always gone,
frankly, an the theory that public
trrarup,rtation Is rt
a public sponsi•
billry. ought to be the burden of the
entire public, and not merely that
Part of the public that happens to ore
motor vehicles. We think It's dread.
fully unfair in respect to the highway
user who has to shoulder the burden
or paying for the highway symem to
also be expected to pay a substantial
Part of the tramp burden.
?Al
r-
rape asaepa[ur As-
b2N6isodthssst
s In cede bagtaa
e psy, m tee TYYor-
•madg1.7a,tl.Od
I up PWAS the tredl
for the ride can the traMt vemme. too
that In eBact the person net talog
fnodt pays tscre on • per+rip basis
than the person who dos se h_
Q. Dss't rho ldgre at wr W►
forA. Not t�any euhttan" degree.
Ninety-five parent of hlgbtrey urn.
stniction mets are paid by motor
vehicle users.
Q. Yew esftls row" that a
healthy near arch gwam Y the
hag way d easpas tha rade cisr.
A. But the contrary to that argu-
ment is true, too. if you didn't have a
healthy road eye=, all the people
in nrr. Rolm Nan
BWm M
Q.w itlehtya
sear r gaeullr taxa saN be
'to
the do Yb wr WP
that are
ices. When
prons.
peu r be Was d tetra
A.viableAnybody who says that t buy
ally viable obviously doesn't buy
gas very oftem. Take, for -ample, a
nm.=f hmBy: you're ataarlklog about
Just ddon'tt think;; aR wlW { to
tax themselves to that degree. Gaso-
line tum already mptramt maybe
20 percent of the pump price. And a
to on poWi is repsgve. The
person who tam his vehicle most is
the one who mug PRY the mst, with.
ort rtprd to whether be's able to
pay it or not. Rich and poor are go ft
to have to pay the same amamt.
Poor people do drive long dLs-
tarnas. It's reverse commuting.
olive slNails misba
on Long 'slaw
Q. What dos the Automobile Club
think should be done to relieve
traeah de5cla7
A. We have no simple uuwer to
rids mmples question. But take, for
example, the real state tgerewa In
Me from. Their property is made
that much more valuable because It
is so well served by transit. I haven't
heard anybody ever tell me that
Noce purple are taxed equitably ac.
:ordmg to Ne benefits they denve
from that.
8421
-f
r
S
nl
T
Ul
TH
f
S
3
BAM-Magistrate
Court (Chambers)
7:30PM-Formal P&Z
(Chambers)
8AM-Magistrate
OAM-Staff Meeting
9
F
i
/o
Court (Chambers)
(Conf Room)
BAM-Magstrata
Court Chambers)
7PM-Informal
7:30PM-Council
•30PM-Riverfront
4:30PM-JCCOG Ad
Council (Chamber
(Chambers)
Comm (Sr. Center)
Hoc Area Transit
Study Committee
(Transit Facility
7:30PM-Airport Cori
(Transit Facilit
1`�pptRfMeeting
/7
SAM -Magistrate
8A OOealsouBoietg
BAM-Magistrate
Court (Chambers)
Court(Chambers)(Public
Library)
':30PM-Board of
9AM-Housing Comm
Adjustment (Chamb
7:30PM-Informal
(Public Library)
4PM-Urban Environ
PM -perks 6 Rec
Comm (Rao Center)
7:30PM-Formal P&Z
(Chambers)
P&Z (Senior Ctr)
AaHocesComnittteeeB
6:30PM-Informal
p:3r00Pg0M0--CHHviiritonic
(Public Ligraryr
Council (Chambers
.
¢
r 4
20
2r
2z
23
AM -Magistrate
BAN -Broadband
Court (Chambers)
Telecommmication
OAM-Staff Meeting
AM -Magistrate
Comm (Chambers)
(Conf Room)
Court (Chambers)
PM -Informal
PH -Design Review
Council (Chambers
3:3OPM-Coymmyittee o
Comm (Pub Library
PM -Human Rights
(C�iictLiNeeds
y)
DSrectorsBoard of
sit
Comm (Senior Ctr)
Facility)
7:30PM-Council
(Chambers
1S
ZG
27
Zp
z7
So
3/
n ,
LOAM -Staff Meeting
AH -Magistrate
/-Y�A14CJ,.
6:30PM-Informal
(Conf Room)
Court (Chambers)
e
Council (Chambers
M
i
A#
-I
_1k,