HomeMy WebLinkAbout1986-05-20 Public hearing5
NOTICE OF RIBLIC MONG ON R.ANS,
SPECIFICATIONS, FOR4 OF CCf7IRACT
AND ESTIMATED COST FOR
MMM STREET 1MPROYBUM PROJECT -
IOWA AYENE TO PARC ROAD
IN THE CITY OF IOWA CITY, IOWA
TO ALL TAXPAYERS IF TIE CITY IF IUA CITY, IOWA, AND
TO GM PERSONS INTERESTED:
Public notice is hereby given that the City
Council of the City of Iae City, Iove, will conduct
a public hearing on plans, specifications, forth of
contract and estinated cost for the construction of
the Olbugne Street Lrprovenents Project - Iom
Avenue to Park (bad in said City at 7:30 pm. on the
20th day of Pay, 1986, said meeting to be held in
the Cantil Umbers in the Civic Center in said
city.
Said plans, specifications, form of contract and
estinatei cost are now on file in the office of the
City Clerk in the Civic Center in Iae City, Iae,
and prey be inspected by any persons interested.
Any persons interested may appear at said meeting
of the City Council far the purpose of making
objections to said plans, specifications, contract
or the cost of making said tprovenent.
This notice is given by order of the City Council
of the City of Ione City, Iowa.
MARIAN W, CITY CLERK
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NOTICE OF PUBLIC HEARING ON PIANS,
SPECIFICATIONS, FORA OF CONTRACT
AND ESTIMATED COST FOR
TW FY87 ASRMT ACING PROJECT
IN TEE CITY OF IDA CITY, IOWA
TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND
TO OTHER PERSONS INTERESTED:
Public notice is hereby given that the City
Council of the City of Iowa City, Iowa, will conduct
a public hearing on plans, specifications, form of
contract and estimated cost for the construction of
the FY87 Asphalt Resurfacing Project in said City at
7:30 p.m. on the 20th day of May, 1986, said meeting
to be held in the Council Chaibers in the Civic
Center in said city.
Said plans, specifications, form of contract and
estimated cost are now on file in the office of the
City Clerk in the Civic Center in I" City, Ias,
and may be inspected by any persons interested.
Any persons interested may appear at said meeting
of the City Council for the purpose of making
objections to said plans, specifications, contract
or the cost of making said inproverent.
This notice is given by order of the City Council
of the City of Im City, IDA.
MARIAN KAM, CITY CLEW
8G V-
r�1 Form 653C (Revised 19841 enn.nn s an e•. ............. Farm 73 -HA
NOTICE OF PUBLIC HEARING
AMENDMENT OF CURRENT CITY BUDGET
The Council of the Cly of.... MUM In.......JOHNS.ON..................County, Iowa,
(name[,) of county or counties)
w]II meet a,_4.10.E,.WASHIMGTON.S.TREET..._... at...7r.30... on .... May _20........... 19. 86,
(plow of meetingl (hour) Icicle)
for the purpose of amending the current budget of the dry for the fiscal year ending June 30, 19.8k, by changing ntl•
main of rwenue and expenditure appropriations In the following funds and programs and for the reasons given. Add].
L tlmol detail Is available at the city clerk', office showing revenue, and expenditures by fund and by activity.
FOR CURRENT GOVERNMENTAL FUNDS
TOTAL BUDGET CURRENTTOTAL BUDGET
RESOURCES, I AS CERTIFIED AFTER CURRENT
OR LAST AMEND® AMENDMENT AMENDMENT
Balances
I 1 2,650.540 365,924 3,016,464
Plev.nue 2,309,325
-Ll-- in dun 91151 __ 10.4A0.248
APPROPRIATIONS,
FOR CURRENT PROPRIETY AND INTERNAL SERVICE FUNDS
RESOURCES, I I I _ __ ___
APPROPRIATIONS,
Community Protection
Human Development
Home IS Community Environment 71903,897 559 086 8,,462,983
Policy and AdminldMlon -- -- --
Total Appropriations 7,903,897 559.086 8.462.983
Faplonatlone of Increase, or decreases In mvenue estimates, appropriation,, or mailable cash In governmental or pro-
priNay funds,
..tn.PfLcnit. the..expenditures_of--unanticipated..unencumhered..caah...........
balances .and_unanti ci Pated.rxcaipts...............................................
-----•----•-------•----•..........................•----....-----....-----.......------•---------
Thera will he no Increaw In tax levies to be paid In the cunent fiscal year nomad obese. Any Increase In expenditures
set out above will be at from the increased non•proper,y tax revenues and cash balance• not budgeted or considered
In this current budget. This will provide for a balanced budget.
Is/ �4d.(.Irvf�._7S_a ?1A!s!L!..__......_
yClark
INSTRUCTIONS, Publish all the above except If there Is no change to one of the above funds, omit that section.
Publish once, Designed for 6 -Inch spread If published In a newspaper.
Cedificatim of Publication: I hereby canly that the above notice was published (posted In three public places as established
byordinance)[In..................................1 on ...................................... 1 19...
(name of newspaPml
............................................
pry deck
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70
RMIC NOTICE
Notice is hereby given that a Public Hearing will be
held by the City Council of the City of Ime City,
Im, in the Council Chanbers at the Civic Center at
the regularly scheduled Council meeting at 7:30 pm.
an %y 20, 1986, for the purpose of hearing comients
for or against the proposed budget for the Capital
Project Fund for the year ending June 30, 1986.
Information is available at the Public Library and
at the City Clerk's Office.
WRIAN KAM, CITY CLERK
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NJrICE OF R18LIC WMNG
To Mm It May Concern:
lbtice is hereby given that a public hearing will be
held by the City Council of the City of Iowa City,
Iove, at its regular meting to be held at 7:30 pun.
an Tuesday. May 20, 1986, in the City Council D -
bers, 410 E. Washington Street in Iowa City, Iowa,
to receive public cament on the proposal to adopt
ordinances vhich would provide for the establishrrent
of outdoor cafes on City Plaza (" laza cafes") in
downtown Iowa City in vhich the sere ce o alcoholic
beverages would be allowed. The first of said ordi-
riances would aped Chapter 9.1 of the Code of Odi-
nances of the City of Iowa City lo provide for the
establisfnent of plaza cafes, vhile the second
ordinance would amend Chapter 5 of the Cade of
Ordinances to regulate outdoor areas for the service
of alcoholic beverages (outdoor service areas) and
vauld allow ourtdoor service of alcoholic beverages
in plaza cafes. Said ordinances are row on file in
the office of tie City Clerk and available for
public inspection.
WIAN K. KARR, CITY CLERK
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ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 9.1 ("CITY PLAZA") OF THE CODE OF
ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY REPEALING SECTIONS
9.1-2, 9.1-3, 9.1-7, 9.1-8, AND 9.1-11 THEREIN AND SUBSTITUTING
THEREFOR NEW SECTIONS 9.1-2, 9.1-3, 9.1-7, 9.1-8, AND 9.1-11.
SECTION I. PURPOSE. The purpose of this amendment is to provide for
plaza cafes in Ci y Plaza, to provide for commercial and non-commercial
speech activities in City Plaza, to provide for specific criteria for
other permitted events in City Plaza, to provide that the City Manager
may, after consultation with the City Attorney, waive insurance require-
ments for certain events on City Plaza, to eliminate the provision for
automatic one-year renewals for permits, to provide for specific proce-
dures for revocation of permits, and to provide for a map of City Plaza to
be kept on file in the office of the City Clerk.
SECTION II. AMENDMENT. Chapter 9.1 ("City Plaza") of the Code of Ordi-
nances of the i y o owa City, Iowa, is hereby amended as follows:
1. Section 9.1-2 is hereby repealed and substituted in its place is the
following new Section 9.1-2:
Sec. 9.1-2. Definitions.
[For the purposes of this chapter, the following terms shall have the
meanings stated herein:]
Ambulatory vendor: An individual selling goods or services while mowing
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 ambience: A localized use of sound intended 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-way line of College Street from
the eastern right-of-way line of Clinton Street to the western
right-of-way line of Linn Street; and extending from the western
right-of-way to the eastern right-of-way line of Dubuque Street from the
southern right-of-way line of Washington Street to the southern
right-of-way line of College Street. Also, Urban Renewal Parcel 65-2a,
described as follows: Beginning at the northwest corner of Lot 4, Block
65, of the original town of Iowa City, Iowa, according to the recorded
plat thereof, thence along the southerly right-of-way line of Washington
Street, 60.28 feet; thence south 00 degrees 43 minutes 36 seconds west,
59.93 feet to a point on the easterly right-of-way line of Dubuque Street,
thence north 00 degrees 07 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 seasonal in nature.
Landscaping: Live plant material used strictly for an ornamental or
ecological purpose.
Mobile vending cart: A non -motorized structure on wheels that is easily
moved and is used for vending.
Mobile vendor: Operator of mobile vending cart.
Outdoor cafe: An outdoor area immediately adjacent to a restaurant (food
service establishment) where food and beverages, dispensed in the food
service establishment, are taken for consumption by persons seated at
tables in the outdoor area.
Permanent structure: Any structure erected for a year-round use.
Plaza cafe: An outdoor area in City Plaza immediately adjacent to a
restaurant (food service establishment) where food and beverages, dis-
pensed in the food service establishment, are taken for consumption by
persons seated at tables in the outdoor area.
Seasonal construction: Any structure erected for a seasonal or temporary
activity and which is removed from the plaza in off-season.
2. Section 9.1-3 is hereby repealed and substituted in its place is the
following new Section 9.1-3:
Sec. 9.1-3. Description of mall zones.
(a) Zone 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 adjoining Zone 1 on each side,
the landscaped areas, the areas with street furniture and features,
and other areas as specified on map.
(c) Zone 3: The emergency/service lane.
The zones are illustrated on the City Plaza map kept on file in the office
of the City Clerk. This map can be amended from time to time as necessary
by resolution.
3. Section 9.1.7 is hereby repealed and substituted in its place is the
following new Section 9.1-7:
Sec. 9.1-7. Use of City Plaza.
(a) Permitted uses: Permitted uses include those listed below. Other
uses consistent with the purposes stated in section 9.1-1 may be permitted
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 seated in a plaza cafe.
(1) Ambulatory vendors, e.g., balloons or portraits (Zone 1, 2, 3).
(2) Mobile vending carts for food, flowers/plants, newspapers/maga-
zines, etc. (Zone 2).
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(3) Plaza cafe (Zone 1, 2).
(4) Stairways to basements. Pursuant to Chapter 104A of the Code of
Iowa, stairways shall only be permitted when the business on the base-
ment level has an alternate entrance which makes it accessible to the
handicapped or otherwise complies with state law (Zone 1).
(5) Display window extensions (Zone 1).
(6) Building front and/or basement extensions provided the use of the
extension is the same as the store activity (Zone 1).
(7) Municipally owned kiosks.
(8) Landscaping (Zone 1, 2).
(9) Arts and crafts sales of handmade articles by an organized guild,
association or club on an occasional basis (Zone 1, 2).
(10) Sales or exhibits by individual artists or artisans and food vend-
ing on a temporary basis for special events (Zone 1, 2, 3). Zone 3
users must be totally ambulatory.
(11) Events of an educational or entertainment nature (Zone 1, 2, 3).
Zone 3 users must be totally ambulatory.
(12) Non-commercial speech activities, including but not limited to,
political, religious and other non-commercial expressive speech (Zone 1,
2, 3). Zone 3 users must be totally ambulatory.
(13) Commercial speech activities, including but not limited to, the
dissemination of information about commercial products and/or services
and/or the convassing of public opinion and attitudes regarding commer-
cial products and/or services (Zone 2).
(b) Usable area:
(1) Zone 1: Permits may be issued for any part of Zone 1. Building
extensions shall only be allowed where, in the sole judgment of the City
Council such extensions enhance the quality of City Plaza.
(2) Zone 2: The usable areas are as shown on the plaza diagrams on
file in the office of the City Clerk.
(3) Plaza landscaping may be modified or removed to a limited extent,
if the net effect enhances the ambience of the City Plaza and if ap-
proved as part of the permit application. The applicant in such cases
must agree to restore the plaza landscaping to its original condition
upon termination of the permit and provide a bond or escrow account in
an amount determined by the City.
(4) Zone 3: The area is to be used only for ambulatory vendors with
its primary purpose to be maintained as an emergency/service lane.
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(c) Days and hours of operation: Buildings extended onto the City Plaza
are to be open at least during normal retail business hours, Monday
through Saturday, throughout the year. Mobile carts may operate season-
ally 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 when the product is related to another season. The time of opera-
tion for plaza cafes is provided in Section 9.1-8(c).
(d) Noise control: Any request for the use of sound must be specifically
approved and 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 indemnification: The applicant shall agree to
indemnify, 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 manner resulting from, arising out of or connected with
the construction, use, maintenance or removal of any structure, cart or
use. The applicant shall at all times maintain a policy of liability
insurance in the minimum amount of three hundred thousand dollars
(;300,000.00) for personal injuries, and fifty thousand dollars
(;50,000.00) for property damage arising out of the permitted operation.
The applicant 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 provide thirty (30) days' notice of cancellation
or material change to the City Clerk. Such cancellation or change without
written approval shall automatically revoke the permit or lease.
The City Manager may, after consultation with the City Attorney, waive the
insurance requirements for any casual and/or temporary sales activity, for
any cultural or entertainment activity, or for any commercial or non-
commercial speech activity as they deem appropriate.
(f) Performance time limits: Mobile vending carts must be in operation
within sixty (60) days of the start date provided for in the permit, or
the permit approval shall automatically expire.
(g) Maintenance: The applicant is responsible for maintaining the area
within and in proximity to his/her location in a clean and hazard -free
condition, including snow removal for a distance of ten (10) feet from any
structure occupied by the applicant.
Supplementary trash containers must be provided is considered necessary
and specified in the lease or permit. The exterior of all structures and
carts must be maintained in good condition by the applicant.
(h) Illumination: Nighttime interior illumination of all building fronts
and basement extensions, display window extensions and basement stairwells
is required during hours of operation.
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(i) Newspaper -vending machines: The City will make available, at a
reasonable cost, space in the City -owned newspaper dispenser units on City
Plaza. In the case of more applications than available space, a selection
procedure that is deemed fair, reasonable and appropriate by the City
shall be established.
(j) Construction costs: All costs of construction are to be paid by the
applicant, including costs of damage or repair to the City Plaza caused by
the construction.
4. Section 9.1-8 is hereby repealed and substituted in its place is the
following new Section 9.1-8:
Sec. 9.1-8. 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 permit shall carry with it the authorization to operate at
one or two (2) designated locations. The vendor may sell in 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 must be received at
least four (4) weeks before the proposed start of the lease.
The City Manager or his/her appointed designee may issue a permit to
operate a mobile vending cart in the public right-of-way of City Plaza
after careful consideration and assurance that the following conditions
have or will be met:
(1) An authorized designated mobile vending location is available which
will not interfere with the operation of an existing mobile vendor, the
general use of City Plaza, and free movement within the emergency/serv-
ice lane.
(2) The applicant's proposed mode of operation will not impede the free
flow of pedestrian traffic along the City Plaza right-of-way, and in or
out of retail establishments 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 them. The applicant's permit may be revoked if
these specified locations are not used.
(4) The dimensions of the applicant's vending cart shall not 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 ex-
pressly prohibited. The City reserves the right to revoke a permit as it
deems necessary.
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(b) Ambulatory vendors: The City Manager or his/her designee may issue a
permit for the purposes of ambulatory vending in the public right-of-way
of City Plaza after careful consideration of the applicant's proposed
business, and assurances that the following conditions have or will be
met. All applications
beforemtheatory prroposeddor start oftions must operations. be received
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at least five (5) y
(1) The applicant will operate without the use of a mobile vending
cart, and with a minimum of equipment.
(2) The applicant's proposed mode of operation neither will impede the
free shall itwof interferetrian with suchfic along pedestrianhe City movementlaza intororhoutfofarenor
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establishments fronting on the plaza.
(3) The applicant will conduct his/her vending completely within the
boundaries of City Plaza.
(4) The applicant has obtained all necessary permits required by the
Johnson County Department of Health.
The sale or assignment of an ambulatory 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 must first obtain the approval and permission of the City
Council. Such permission, 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 Manager upon forms
provided by the City. The plaza cafe area must 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
owner's approval.
(2) An application for a plaza cafe shall include a lease executed by
the operator of the restaurant or food service establishment, and/or by
the owner of the abutting building housing the restaurant or food serv-
ice establishment. If the owner of the building is not a signatory to
the lease, the application shall contain a letter from the owner con-
senting to the operation of the plaza cafe in the plaza area abutting
the forth,uand inshall be lease in the formlprovidediandrovisions rrequired bystherCity. set
also
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lot
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tureporiillustration of the amenities lto be used,dincludingplan,
An the tables,
chairs, table canopies, and method for delineating the cafe from the
rest of City Plaza. Such material shall be submitted to the Design
Review Committee for review. The recommendation of the Design Review
Committee shall be forwarded to the City Council in conjunction with the
Council's consideration of the lease.
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In addition, the application shall provide the name and address of the
owner of each immediately abutting property. City staff shall notify
immediately abutting 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 col-
lection 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 -up
of plaza cafe areas.
An applicant for a plaza cafe who 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 infor-
mation in support of the application as 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 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 pedes-
trian use, nor shall it interfere with pedestrian movement into or out
of retail establishments fronting on the plaza. The eight foot
unobstructed portion of the plaza should be continuous and contiguous
with the adjoining walkways in such a manner as to provide uninter-
rupted, smooth passageway for all pedestrians. If the existing walkway
is less than eight feet in width, no encroachment will be permitted. In
approving an application for a plaza cafe and in authorizing the execu-
tion of a lease for same, the City Council shall be required to make an
express finding that the plaza cafe will not constitute an obstruction
to pedestrian use of the plaza area, and such finding shall be included
in the resolution approving same.
(4) The operation of plaza cafes shall be subject to the following
terms and conditions, which terms and conditions shall be set out in the
lease to be approved by City Council.
Plaza space may be leased for use as
through August 31 of each year, and
and terminate, respectively, on those
cover more than one operating season.
a plaza cafe only from April 1
all such leases shall commence
dates. A single lease may not
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
observe the same hours and months of operation as plaza cafes.
d. The area for a plaza cafe shall be temporarily delineated during
operation by ropes or some other suitable method which shall be
clearly visible to pedestrians. Tables, chairs and other items are
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to be removed at the end of each day's operation and the plaza cafe
area restored to its normal 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 con-
formity with all applicable Federal, State and local laws and regu-
lations. The plaza cafe, as part of a restaurant, must be licensed
by the Johnson County Board of Health as a food service establish-
ment. In the event of the lapse, revocation or suspension of such
license, lessee shall immediately cease its use of leased plaza
space.
f. All tables and chairs in the plaza cafe area shall be set back, for
safety purposes, at least ten feet from alleys and shall not be
located within ten feet of a street intersection. A plaza cafe may
not utilize any public amenities as benches, seats or tables.
g. Amplified sound equipment shall not be permitted. Additional adver-
tising or identification signage beyond that permitted for the main
restaurant shall not be permitted. Any amenities (such as chairs,
tables and umbrellas) shall not have any advertising on their sur-
faces. Compliance with the City noise ordinance shall be required.
Every plaza cafe lessee shall be required to execute an agreement to
defend, indemnify 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 amount and with such coverages as
are deemed sufficient by the City.
i. The owner or operator of 'a plaza cafe shall be required to observe
the same 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 inclement
weather requires early closing, the owner 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 restaurant as determined and established by
the City building official.
j. Food and beverages must be available for service to patrons in a
plaza cafe during all hours of operation.
k. Alcoholic beverages may not be dispensed to patrons of a plaza cafe
unless such area has been approved as an "outdoor service area"
pursuant to Chapter 123 of the Iowa Code, Chapter 150 of the Iowa
Administrative Code and Chapter 5 of the Code of Ordinances, City of
Iowa 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, relating to the location and screen-
ing of outdoor service areas.
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1. In the event that the City Council determines that it is no longer
in the public interest to maintain a particular plaza cafe, or plaza
cafes in general, either because of threat to public health, welfare
or safety, or because of the creation of a nuisance involving a
plaza cafe, or because of the violation of any statute, law, rule or
regulation involving a plaza cafe, then in that
Council may cancel such lease oevent the City
r leases, utilizing the procedure
hereafter set forth.
I. The City Council shall, by resolution, authorize the giving of
notice of cancellation, such cancellation 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 must cease. The notice shall indicate the
reason(s) for cancellation and shall also indicate that the
lessee may 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 Iowa City.
(d) Other events: For all other events, an application for the use of
City Plaza must be received at least ten (10) days before the start
of the event. The City Manager or his/her appointed designee may
issue a permit for all other permitted events provided: 1) that
the event will neither impair the free flow of pedestrian traffic
along the City Plaza right-of-way, nor interfere with such pedes-
trian movement into or out of retail establishments fronting on the
plaza, and 2) that the event will comply with all other require-
ments of this chapter. The City Manager shall establish and place
on file in the office of the City Clerk written regulations govern-
ing the time, place and manner in which the permitted events may be
conducted.
(e) Permanent and temporary structures: The City Managerupon ap-
proval of City Council, may enter into an agreement for t,he sale or
lease of public right-of-way in the City Plaza for the construction
of an addition to an existing store front or for the temporary or
seasonal use of Zone 1 by the owner or operator of abutting prop-
erty. Said lease or sale shall only be entered into after careful
consideration and assurance that the following conditions have or
will be met:
(1) Building design:
a. Additions to buildings shall be harmonious in scale and
design with permanent neighboring structures and with the
City Plaza.
b. Materials shall be suitable for the style and design of
buildings in which they are used.
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c. Materials which are architecturally harmonious shall be
used for all building watts and other exterior building
components wholly or partly visible from public ways.
d. Selection of materials shall be guided by the following:
1. Harmony with adjoining buildings;
2. Relationship to the brick and wood theme of City
Plaza;
3. Materials shall be of durable quality.
e. Building components, such as windows, doors, eaves, and
parapets, shall have good proportions and relationship to
one another.
f. Colors shall be selected for their harmony and/or ability
to complement the color scheme of the City Plaza.
g. Mechanical equipment or other utility hardware on roof,
ground or buildings shall be screened from public view
with materials harmonious with the building, or shall be
located so as not to be visible from any public ways.
h. Exterior lighting shall be part of the architectural
concept. Fixtures, standards, and all exposed accessories
shall be harmonious with building design.
(2) Signs:
a. A11 signs shall be part of the architectural concept.
Size, color, lettering, location and arrangement shall be
harmonious with the building design, and shall be compat-
ible with signs on adjoining buildings.
b. Materials used in signs shall have good architectural
character and be harmonious with building design and the
materials used in the City Plaza.
c. Every sign shall express in scale and in proportion an
appropriate visual relationship to buildings and surround-
ings.
d. Colors shall be used harmoniously and with restraint.
Excessive brightness and brilliant colors shall be
avoided. Lighting shall be harmonious with the design.
If external spot lighting is used, it shall be arranged so
that the light source is shielded from view.
11
(3) Additional criteria:
a. The design review committee may, from time to time, formu-
late additional design criteria for the review of proposed
pursuant to
construction this chapter. Such criteria
shall become effective only when adopted by the City
Council by resolution.
b. No building permit for the construction of any temporary
structure or any building extension to be constructed
pursuant to this chapter shall be issued until plans for
said construction have been reviewed by the design review
committee and approved by the City Council. The design
review committee shall, within thirty (30) days of receipt
of said plans, review the plans and advise app
approval with conditions, or disapproval in a written
report forwarded to the City Council and the applicant.
with
If the design review committee recommends app
roval
conditions, it shall require the affirmative vote of five
(5) members of the City Council to constitute City Council
approval pursuant to this section unless such conditions
are met; and if the design review committee recommends
disapproval, it shall require the affirmative vote of five
(5) members of the City Council to constitute City Council
approval pursuant to this section.
5. Section 9.1-11. is hereby repealed and substituted in its place is the
following new Section 9.1-11:
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) Revocation of permit: The City Manager itsuthori ehatofrivoketa
he
permit issued under this Chapter whenever (1) a situation involving
Chapter,
comply with any provisions of this Chap, or (2)
the permitted threat he public health,
reevent exists which presents a at to t
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 involving the permitted event. ce of Said revocation
Oti
shall be effective no less than 14 days
nfter written n
and heard before the City hCouncil
the notice of revocation may be app et of the Code of
pursuant to the procedures set forthNothinin g
2this section shall prohibit
Ordinances, City of Iowa City. 9
emergency orders under Sec. 2-188 of the Code of Ordinances, City of Iowa
City.
SECTI ffiLct=w telt a prow sEon oflthis rordinance dinances aarephereby arts repealn ordinances in con-
SECTION
on-
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SECTION IV. SEVERABILITY: If any section, provision or part of the Ordi-
nance shall be adjudged to be invalid or unconstitutional, such adjudica-
tion shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitu-
tional.
SECTION V. EFFECTIVE DATE: This Ordinance shall be in effect after its
na passa
fige, approva and publication as required by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
pprowN
prapr,rmwm
774
01
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ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 9.1 ("CITY PLAZA") OF THE CODE OF
ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY REPEALING SECTIONS
9.1-2, 9.1-3, 9.1-7, 9.1-8, AND 9.1-11 THEREIN AND SUBSTITUTING
THEREFOR NEW SECTIONS 9.1-2, 9.1-3, 9.1-7, 9.1-8, AND 9.1-11.
SECTION I. PURPOSE. The purpose of this amendment is to provide for
plaza cafes in Ci y Plaza, to provide for commercial and non-commercial
speech activities in City Plaza, to provide for specific criteria for
other permitted events in City Plaza, to provide that the City Manager
may, after consultation with the City Attorney, waive insurance require-
ments for certain events on City Plaza, to eliminate the provision for
automatic one-year renewals for permits, to provide for specific proce-
dures for revocation of permits, and to provide for a map of City Plaza to
be kept on file in the office of the City Clerk.
SECTION II. AMENDMENT. Chapter 9.1 ("City Plaza") of the Code of Ordi-
nances of the City of Iowa City, Iowa, is hereby amended as follows:
1. Section 9.1-2 is hereby repealed and substituted in its place is the
following new Section 9.1-2:
Sec. 9.1-2. Definitions.
[For the purposes of this chapter, the following terms shall have the
meanings stated herein:]
Ambulatory vendor: An individual selling goods or services while mowing
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 ambience: A localized use of sound intended 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-way line of College Street from
the eastern right-of-way line of Clinton Street to the western
right-of-way line of Linn Street; and extending from the western
right-of-way to the eastern right-of-way line of Dubuque Street from the
southern right-of-way line of Washington Street to the southern
right-of-way line of College Street. Also, Urban Renewal Parcel 65-2a,
described as follows: Beginning at the northwest corner of Lot 4, Block
65, of the original town of Iowa City, Iowa, according to the recorded
plat thereof, thence along the southerly right-of-way line of Washington
Street, 60.28 feet; thence south 00 degrees 43 minutes 36 seconds west,
59.93 feet to a point on the easterly right-of-way line of Dubuque Street,
thence north 00 degrees 07 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 seasonal in nature.
Landscaping: Live plant material used strictly for an ornamental or
ecological purpose.
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Mobile vending cart: A non -motorized structure on wheels that is easily
moved and is used for vending.
Mobile vendor: Operator of mobile vending cart.
Outdoor cafe: An outdoor area immediately adjacent to a restaurant (food
service establishment) where food and beverages, disensed
service establishment, are taken in the food
for consumptipon by persons seated at
tables in the outdoor area.
Permanent structure
Any structure erected for a year-round use.
Plaza cafe: An outdoor area in City Plaza
restaurant (food service establishment) where
pensed in the food service establishment, are
persons seated at tables in the outdoor area.
immediately adjacent to a
food and beverages, dis-
taken for consumption by
Seasonal construction: Any structure erected for a seasonal or temporary
activity and which is removed from the plaza in off-season.
2. Section 9.1-3 is hereby repealed and substituted in its place is the
following new Section 9.1-3:
Sec. 9.1-3. Description of mall zones.
(a) Zone 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 adjoining Zone 1 on each side
the landscaped areas, the areas with street furniture and features,,
and other areas as specified on map.
(c) Zone 3: The emergency/service lane.
The zones are illustrated on the City Plaza map kept on file in the office
of the City Clerk. This map can be amended from time to time as necessary
by resolution.
3. Section 9.1.7 is hereby repealed and substituted in its place is the
following new Section 9.1-7:
Sec. 9.1-7. Use of City Plaza.
(a) Permitted uses: Permitted uses include those listed below. Other
uses consistent with the purposes stated in section 9.1-1 may be permitted
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 seated in a plaza cafe.
(1) Ambulatory vendors, e.g., balloons or portraits (Zone 1, 2, 3).
(2) Mobile vending carts for food, flowers/plants, newspapers/maga-
zines, etc. (Zone 2).
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(3) Plaza cafe (Zone 1, 2).
(4) Stairways to basements. Pursuant to Chapter 104A of the Code of
Iowa, stairways shall only be permitted when the business on the base-
ment level has an alternate entrance which makes it accessible to the
handicapped or otherwise complies with state law (Zone 1).
(5) Display window extensions (Zone 1).
(6) Building front and/or basement extensions provided the use of the
extension is the same as the store activity (Zone 1).
(7) Municipally owned kiosks.
(8) Landscaping (Zone 1, 2).
(9) Arts and crafts sales of handmade articles by an organized guild,
association or club on an occasional basis (Zone 1, 2).
(10) Sales or exhibits by individual artists or artisans and food vend-
ing on a temporary basis for special events (Zone 1, 2, 3). Zone 3
users must be totally ambulatory.
(11) Events of an educational or entertainment nature (Zone 1, 2, 3).
Zone 3 users must be totally ambulatory.
(12) Non-commercial speech activities, including but not limited to,
political, religious and other non-commercial expressive speech (Zone 1,
2, 3). Zone 3 users must be totally ambulatory.
(13) Commercial speech activities, including but not limited to, the
dissemination of information about commercial products and/or services
and/or the convassing of public opinion and attitudes regarding commer-
cial products and/or services (Zone 2).
(b) Usable area:
(1) Zone 1: Permits may be issued for any part of Zone 1. Building
extensions shall only be allowed where, in the sole judgment of the City
Council such extensions enhance the quality of City Plaza.
(2) Zone 2: The usable areas are as shown on the plaza diagrams on
file in the office of the City Clerk.
(3) Plaza landscaping may be modified or removed to a limited extent,
if the net effect enhances the ambience of the City Plaza and if ap-
proved as part of the permit application. The applicant in such cases
must agree to restore the plaza landscaping to its original condition
upon termination of the permit and provide a bond or escrow account in
an amount determined by the City.
(4) Zone 3: The area is to be used only for ambulatory vendors with
its primary purpose to be maintained as an emergency/service lane.
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(c) Days and hours of operation: Buildings extended onto the City Plaza
are to be open at least during normal retail business hours season -
through
through Saturday, throughout the year. Mobile carts may op
ally 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 when the product is related to another season. The time of opera-
tion for plaza cafes is provided in Section 9.1-8(c).
(d) Noise control: Any request for the use of sound must be specifically
approved and may be permitted only if it will encourage an audio ambience
within the City Plaza, while at the same time protecting the 9bience
public from an overload, volume or type of sound that is disturbing or
inappropriate for a pedestrian area.
(e) Insurance and indemnification: The applicant shall agree to
indemnify, defend and save harmless the City of Iowa City, its agents,
eofficers xpenses ind any manner resulting and from,tarisi g claims,
ofaor9connectedlosses
wand
th
the copse api�icanteshallnat cnce or all timesmmaintain l of any
policytOf liability
, cart or
use. The app thousand dollars
insurance 0) the minimum amount of three
hfiftyd thousand dollars
(;300,000.00) for personal injuries,
applicant shall file; in the office of the City Clerk, a copy of the
(;50,OOO.OD) for property damage arising out of the permitted operation.
The app a company authorized to do insur-
ance
insurance policy executed by the Cit Clerk.,
Thee business in the State of Iowa in a f0) days'onotice of cancellation
The policy shall further provide thirty (30) y
or material change to the City Clerk. Such cancellation or change without
written approval shall automatically revoke the permit or lease.
The City Manager may, after consultation with the City Attorney, waive the
insurance requirements for any casual and/or temporary sales activciality,
moor
or
comerc nonl or -
commercial activityment as theydeemappropriate. o1Y
(f) Performance tdaelithe startldatenprovidedtforusin the t be npermit, or
eration
within sixty (60) Ysof
the permit approval shall automatically expire.
(g) Maintenance: The applicant is responsible for maintaining the area
within anin condition, includingmsnow removal hforla distancocation e of ten a(10)nfeet hazard -free
to from any
structure occupied by the applicant.
Supplementary trash containers must be provided is considered necessary
canartspmustibe maintainedsinogoodrcondition b exterior of all applicant.
structures and
by the applicant
(h) Illumination: Nighttime interior illumination of all building fronts
and
rbasement
dextensions,
display
operatiwindow extensions and basement stairwells
is
urs
of
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(i) Newspaper -vending machines: The City will make available, at a
reasonable cost, space in the City -owned newspaper dispenser units on City
Plaza. In the case of more applications than available spate ,by e ection
procedure that is deemed fair, reasonable and app p
shall be established.
(j) Construction costs: All costs of construction are to be paid by the
applicant, including costs of damage or repair to the City Plaza caused by
the construction.
4. Section 9.1-8 is hereby repealed and substituted in its place is the
following new Section 9.1-8:
Sec. 9.1-8. 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 ngshall
l cations. The vendorit the mayinttransittifaa
one or two (2) designated
customer request is made, provided the primary trade shall be conducted at
one of the designated locations.
All lease applications for mobile vendor operations must be received at
least four (4) weeks before the proposed start of the lease.
The City Manager or his/her appointed designee may issue a permit to
operate a mobile vending cart in the public right-of-way of City Plaza
after careful consideration and assurance that the following conditions
have or will be met:
(1) An authorized designated mobile vending location is available which
will not interfere with the operation of an existing mobile vendor, the
general use of City Plaza, and free movement within the emergency/serv-
ice lane.
(2) The applicant's proposed mode of operation will not impede the free
flow of pedestrian traffic along the City Plaza right-of-way, and in or
out of retail establishments fronting on the plaza.
(3) The applicant agrees to operate his/her business only within the
boundaries of City Plaza and only at desi t s dpmobile venay ingrevolocations
or in transit between them. The app
if
these specified locations are not used.
(4) The dimensions of the applicant's vending cart shasix (6) t etxceed a
size of four (4) feet wide by eight (8) feet long by
(5) The applicant shall store the vending cart off the c ty Plaza and
shall describe the provisions for storage in the permit app
J6) The ohnson County ant has obtaof ined
a l necessary permits required by the
The sale or assignment of a mobile vending permit for City Plaza is ex-
pressly prohibited. The City reserves the right to revoke a permit as it
deems necessary.
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(b) Ambulatory vendors: The City Manager or his/her designee may issue a
permit for the purposes of ambulatory vending in the public right-of-way
of City Plaza after careful consideration of the applicant's proposed
business, and assurances that the following conditions have or will be
met. All applications for ambulatory vendor operations must be received
at least five (5) days before the proposed start of operations.
(1) The applicant will operate without the use of a mobile vending
cart, and with a minimum of equipment.
(2) The applicant's proposed mode of operation neither will impede the
free flow of pedestrian traffic along the City Plaza right-of-way, nor
shall it interfere with such pedestrian movement into or out of retail
establishments fronting on the plaza.
(3) The applicant will conduct his/her vending completely within the
boundaries of City Plaza.
(4) The applicant has obtained all necessary permits required by the
Johnson County Department of Health.
The sale or assignment of an ambulatory 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 must first obtain the approval and permission of the City
CouncilSuch permission, 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 Manager upon forms
provided by the City. The plaza cafe area must 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
owner's approval.
(2) An application for a plaza cafe shall include a lease executed by
the operator of the restaurant or food service establishment, and/or by
the owner of the abutting building housing the restaurant or food serv-
ice establishment. If the owner of the building is not a signatory to
the lease, the application shall contain a letter from the owner con-
senting to the operation of the plaza cafe in the plaza area abutting
the building. The lease shall contain provisions as hereafter 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 pic-
ture or illustration of the amenities to be used, including the tables,
chairs, table canopies, and method for delineating the cafe from the
rest of City Plaza. Such material shall be submitted to the Design
Review Committee for review. The recommendation of the Design Review
Committee shall be forwarded to the City Council in conjunction with the
Council's consideration of the lease.
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In addition, the application shall provide the name and address of the
owner of each immediately abutting property. City staff shall notify
immediately abutting 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 col-
lection 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 -up
of plaza cafe areas.
An applicant for a plaza cafe who 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 infor-
mation in support of the application as 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 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 pedes-
trian use, nor shall it interfere with pedestrian movement into or out
of retail establishments fronting on the plaza. The eight foot
unobstructed portion of the plaza should be continuous and contiguous
with the adjoining walkways in such a manner as to provide uninter-
rupted, smooth passageway for all pedestrians. If the existing walkway
is less than eight feet in width, no encroachment will be permitted. In
approving an application for a plaza cafe and in authorizing the execu-
tion of a lease for same, the City Council shall be required to make an
express finding that the plaza cafe will not constitute an obstruction
to pedestrian use of the plaza area, and such finding shall be included
in the resolution approving same.
(4) The operation of plaza cafes shall be subject to the following
terms and conditions, which terms 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 commence
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
observe the same hours and months of operation as plaza cafes.
d. The area for a plaza cafe shall be temporarily delineated during
operation by ropes or some other suitable method which shall be
clearly visible to pedestrians. Tables, chairs and other items are
EM -4
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to be removed at the end of each day's operation and the plaza cafe
area restored to its normal 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 con-
formity with all applicable Federal, State and local laws and regu-
lations. The plaza cafe, as part of a restaurant, must be licensed
by the Johnson County Board of Health as a food service establish-
ment. In the event of the lapse, revocation or suspension of such
license, lessee shall immediately cease its use of leased plaza
space.
f. All tables and chairs in the plaza cafe area shall be set back, for
safety purposes, at least ten feet from alleys and shall not be
located within ten feet of a street intersection. A plaza cafe may
not utilize any public amenities as benches, seats or tables.
g. Amplified sound equipment shall not be permitted. Additional adver-
tising or identification signage beyond that permitted for the main
restaurant shall not be permitted. Any amenities (such as chairs,
tables and umbrellas) shall not have any advertising on their sur-
faces. Compliance with the City noise ordinance shall be required.
Every plaza cafe lessee shall be required to execute an agreement to
defend, indemnify 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 amount and with such coverages as
are deemed sufficient by the City.
i. The owner or operator of a plaza cafe shall be required to observe
the same 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 inclement
weather requires early closing, the owner 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 restaurant as determined and established by
the City building official.
j. Food and beverages must be available for service to patrons in a
plaza cafe during all hours of operation.
Alcoholic beverages may not be dispensed to patrons of a plaza cafe
unless such area has been approved as an "outdoor service area"
pursuant to Chapter 123 of the Iowa Code, Chapter 150 of the Iowa
Administrative Code and Chapter 5 of the Code of Ordinances, City of
Iowa 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, relating to the location and screen-
ing of outdoor service areas.
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In the event that the City Council determines that it is no longer
in the public interest to maintain a particular plaza cafe, or plaza
cafes in general, either because of threat to public health, welfare
or safety, or because of the creation of a nuisance involving a
plaza cafe, or because of the violation of any statute, law, rule or
regulation involving a plaza cafe, then in that event the City
Council may cancel such lease or leases, utilizing the procedure
hereafter set forth.
1. The City Council shall, by resolution, authorize the giving of
notice of cancellation, such cancellation 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 must cease. The notice shall indicate the
reason(s) for cancellation and shall also indicate that the
lessee may 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 Iowa City.
(d) Other events: For all other events, an application for the use of
City Plaza must be received at least ten (10) days before the start:
of the event. The City Manager or his/her appointed designee may
issue a permit for all other permitted events provided: 1) that
the event will neither impair the free flow of pedestrian traffic
along the City Plaza right-of-way, nor interfere with such pedes-
trian movement into or out of retail establishments fronting on the
plaza, and 2) that the event will comply with all other require-
ments of this chapter. The City Manager shall establish and place
on file in the office of the City Clerk written regulations govern-
ing the time, place and manner in which the permitted events may be
conducted.
(e) Permanent and temporary structures: The City Manager, upon ap-
proval of City Council, may enter into an agreement for the sale or
lease of public right-of-way in the City Plaza for the construction
of an addition to an existing store front or for the temporary or
seasonal use of Zone 1 by the owner or operator of abutting prop-
erty. Said lease or sale shall only be entered into after careful
consideration and assurance that the following conditions have or
will be met:
(1) Building design:
a. Additions to buildings shall be harmonious in scale and
design with permanent neighboring structures and with the
City Plaza.
b. Materials shall be suitable for the style and design of
buildings in which they are used.
776
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c. Materials which are architecturally harmonious shall be
used for all building walls and other exterior building
components wholly or partly visible from public ways.
d. Selection of materials shall be guided by the following:
1. Harmony with adjoining buildings;
2. Relationship to the brick and wood theme of City
Plaza;
3. Materials shall be of durable quality.
e. Building components, such as windows, doors, eaves, and
parapets, shall have good proportions and relationship to
one another.
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f. Colors shall be selected for their harmony and/or ability
to complement the color scheme of the City Plaza.
g. Mechanical equipment or other utility hardware on roof,
ground or buildings shall be screened from public view
with materials harmonious with the building, or shall be
located so as not to be visible from any public ways.
h. Exterior lighting shall be part of the architectural
concept. Fixtures, standards, and all exposed accessories
shall be harmonious with building design.
(2) Signs:
a. All signs shall be part of the architectural concept.
Size, color, lettering, location and arrangement shall be
harmonious with the building design, and shall be compat-
ible with signs on adjoining buildings.
b. Materials used in signs shall have good architectural
character and be harmonious with building design and the
materials used in the City Plaza.
c. Every sign shall express in scale and in proportion an
appropriate visual relationship to buildings and surround-
ings.
d. Colors Excessive
halbrightness and mo brilliant l be usharniousland
dcolors restraint.
shall be
avoided. Lighting shall be harmonious with the design.
If external spot lighting is used, it shall be arranged so
that the light source is shielded from view.
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(3) Additional criteria:
a. The design review committee may, from time to time, formu-
late additional design criteria for the review of proposed
construction pursuant to this chapter. Such criteria
shall become effective only when adopted by the City
Council by resolution.
b. No building permit for the construction of any temporary
structure or any building extension to be constructed
pursuant to this chapter shall be issued until plans for
said construction have been reviewed by the design review
committee and approved by the City Council. The design
review committee shall, within thirty (30) days of receipt
of said plans, review the plans and advise approval,
approval with conditions, or disapproval in a written
report forwarded to the City Council and the applicant.
If the design review committee recommends approval with
conditions, it shall require the affirmative vote of five
(5) members of the City Council to constitute City Council
approval pursuant to this section unless such conditions
are met; and if the design review committee recommends
disapproval, it shall require the affirmative vote of five
(5) members of the City Council to constitute City Council
approval pursuant to this section.
5. Section 9.1-11. is hereby repealed and substituted in its place is the
following new Section 9.1-11:
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) Revocation 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 involving 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. 2-18, et seq. of the Code of
Ordinances, City of Iowa City. Nothing in this section shall prohibit
emergency orders under Sec. 2-188 of the Code of Ordinances, City of Iowa
City.
SECTION III. REPEALER: All ordinances and parts of ordinances in con-
flict with the prov s on of this ordinance are hereby repealed.
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SECTION IV. SEVERABILITY: If any section, provision or part of the Ordi-
nance shall be adjudged to be invalid or unconstitutional, such adjudica-
tion shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitu-
tional.
SECTION V. EFFECTIVE DATE: This Ordinance shall be in effect after its
ftna passage, approval and publication as required by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
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NOTICE CF PUBLIC WMING
To Mw It hay Concern:
Rotice is hereby given that a public hearing will be
held by the City Council of the City of Ioa City,
Iove, at its regular meeting to be held at 7:30 pm.
m Tuesday, hay 20, 1986, in the City Council Chan-
beas, 410 E. %shington Street in Iowa City, be,
to receive public cmnent on tte proposal to adopt
ordinances which would provide for the establishnent
of outdoor cafes on City Plaza ('plaza cafes') in
downtown Iowa City in which the service of alcoholic
beverages would be allowed. The first of said ordi-
nares would anard Chapter 9.1 of the Code of Odi-
nwxm of the City of Iowa City to provide for the
establiftnent of plaza cafes, while tae second
ordinanoe would amend Chapter 5 of the Code of
Ordinances to regulate outdoor areas for the service
of alcoholic beverages (outdoor service areas) and
would allow outdoor service of alcoholic beverages
in plaza cafes. Said ordinances are now on file in
the office of the City Clerk and available for
publicinsp�ecction.
WIRIAN K. W, CITY CIM
r
ORDINANCE NO.
AN ORDIWIPCE PhENDING CHAPTER 5 CE THE CODE OF
OROINACES, CITY OF IOWA CITY, BY AMENDING SECTION
5-1 TNEREDF TO PROVIDE A DEFINITION OF TIE TER4
"ONIDOOR SERVICE ATEA," AND BY ADDING THERETO NEW
SECTIONS 5-39 TPRO M 5-44 RELATING TO TIE BEGL A -
TION OF OUDDOOR SERVICE AREAS.
HE IT ORMIPED BY TIE CITY COKIL OF TIE CITY OF
IODi4 CITY, IOWA, WT:
SECTION 1. PURPOSE: The purpose of this revision
of Chapter 5 is to define the tem "outdoor service
area" and to provide regulations for their operation
in conjunction with a premises licensed m sell beer
or alcoholic beverages.
SECTION 2. NUDPENT. Chapter 5 ("Alcoholic Bever-
ages ion 5-1 of the Code of Ordinances of the
City of Iowa City is hereby repealed and substituted
in its place is the following new Section 5-1
"Definitions," to read as follows:
Sec. 5-1. Definitiors.
The following definitions shall apply to this
chapter:
Alcohol means the product of distillation of
any fennentel liquor rectified one or more times,
whatever may be the origin thereof, and includes
synthetic ethyl alcohol.
Alcoholic liquor or alcoholic beverage in -
eludes the three (3) varieties of liquor defined
oder the terms "alcohol," "spirits" and "wine"
in this section, except "beer' as defined in this
section, but including all beverages made as
described in such definition of bear which coo-
tain mare than four (4) percent of alcohol by
weight, and every liquor or solid, patented or
rat, containing alcohol, spirits, or wine, and
susceptible of being consumed by a human being
for beverage purposes.
Application means a formal written request
for the issuance of a permit or license supported
by a verified statement of facts.
Beer means any liquid capable of being used
for beverage purposes made by the fermentation 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 tour (4) percent of alcohol by
weight.
Club mins any non-profit corporation or
association of individuals, which is the owner,
lessee, or occupant of a permanent building or
part thereof, meuba ship in which entails the
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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 marbership.
Comercial establishment means a place of
business vhich is at all times equipped with
sufficient tables and seats to accomodate
twenty-five (25) persons at one time, and the
licensed premises of which conform to the stan-
dards and specifications of the deparbrent.
Council means the bear and liquor control
council established by state law.
Deparlment means the bear and liquor control
department established by state law or any divi-
sion of such depart.
Director morns the director of the bear and
liquor control deparbnent, appointed pursuant to
the provisions of state law, or his designee.
Hotel or motel means a premises 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 anus.
Legal age means nineteen (19) years of age or
more. This provision shall not apply to parsons
vho were born on or before June 30, 1960.
Licensed premises or praises means all roans
or enclosures vhere alcoholic beverages or beer
is sold or consumai under authority of a liquor
control license or bear permit.
Outdoor service area means an area outside of
but immediately adjacent to a building housing a
licensed praises, which area has been approved
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 Iowa Pdninis-
trative Code. M outdoor service area shalt
include any outdoor area where beer or liquor is
to be sold, served, carried, or tonsured by the
public and shall be considered as part of the
licensed premises. The same Federal and State
laws and local ordinances which apply to the
licensed premises shall also apply to the outdoor
service area.
Permit or license means an express written
authorization issued by the deparbnernt for the
manufacture or sale, or both, of alcoholic liquor
or beer.
Parson means any individual, association,
partnership, corporation, club, hotel, motel, or
municipal corporation ening or operating a bona
fide airport, marine, park, coliseum, auddtoriun,
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Ordinance Pb.
Page 3
or recreational facility in or at vhich the sale
of alcoholic liquor or beer is only an incidental
part of such ownership or operation.
Person of good moral character means any
person vho 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 comply with the state law 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 from obtain-
ing a liquor control license or beer per-
mit.
(4) He/she is a citizen of the United States and
a resident of this state or licensed to do
business in this state in the case of a
corporation.
(5) He/she has not been convicted of a felony.
Hamer, if his/her felony conviction oc-
curred 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 my 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 rho 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
one person.
Prohibited sale of alcoholic liquor or beer
under this chapter includes soliciting for sales,
taking orders for sales, keeping or ecposirg for
sale, delivery or other trafficking for a valu-
able consideration promised or obtained, and
procuring or allowing procurement for any other
person.
Public place means any place, building, or
conveyance to vhich the public has or is permit-
ted access.
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ordinance No.
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residence means the place vhere a parson
resides, permanently or temporarily.
Retail beer permit means a class V. or "C"
beer permit issued under the provisions of this
chapter and state law.
retailer means any person who shall sell,
barter, exchange, offer for sale, or have in
possession with intent to sell, any alcoholic
liquor for consunption m the premises vhere
sold, or beer for consumption either on or off
the premises vimae'sold.
Spirits means any beverage vhich contains
alcohol obtained by distillation mixed with
drinkable vater and other substances in solution,
including, but not limited to, brandy, run,
vhiskey, and gin.
Wine means any beverage containing alcohol
obtained by fernotation of the natural sugar
contents of fruits or other agricultural prod-
ucts.
SECTION 3. MOM Chapter 5 ("Alcoholic Bever-
ages -
o Ordinances of the City of Im
City is hereby amended by adding thereto the follow-
ing new Sections 5-39 through 5-44, to read as
follovs:
Sec. 5-39. Outdoor Service A+eas.
Any permittee or licensee under this chapter,
or any applicant for a license or permit under
this chapter, desiring to operate an outdoor
service area adjacent to and in conjunction with
a licensed prenises must obtain the approval of
the city Cantil and of the dove Beer and Liquor
Control Depatnent before cnmecirg operation of
such outdoor service area.
Ss. S-40. Applieatim for PeWssion to Operate
an Outdoor Service Area.
(a) An application for an outdoor service area
shall be made upon the form presided by the
city. Such application rtay accompany the
initial application our any reneval applica-
tion for a license or permit under this
chapter or may be submitted at any time in
conjunction with an anended application for
a license or permit.
M application for the approval of an
outdoor service area shall include all
information required to be submitted With
applications for bee' and liquor licenses.
The application shall be sn6nitted 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 rerml require-
ments as are all beer and liquor licenses.
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Ordinance No.
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Approval by the city council of an outdoor
service area shall be by letter to the Iowa
Beer and Liquor Control Department with
regard to the diagram, dram shop insurance
coverage and all other State requirements.
(b) Opon submitting as application for an out-
door service area, applicant shall provide
the name and address of the ovner of each
abutting Property as well as every other
Property wfiich is within One hundred (loo)
feet of applicant's premises. The city will
then notify these property Dyne's by letter
of the nature of the application ad the
doth and time wfion it will appear on the
agenda for approval by the city council, so
that these property owners will have on
opportunity to comment on the application if
they wish.
(c) Approval or disapproval of an application
far an outdoor service area shall be at the
discretion of the city council. Such dis-
cretion shall be ocercisei with due regard
to public health, safety and welfare consid-
erations. In the event that there is a
change of ownership, the outdoor service
area use shall he permitted to continue
Provided that the usage is continuous.
Sec. 5.41, Pagulatioe of prtdoo swyice km.
outdoor The operation of an our service arras
shall be subject to the following terns, condi-
tions and regulations.
(a) Outdoor service areas rust be located on
private Property and My not encroach on any
Public right-of-way except as provided in
Section 9.8 of the City Code 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 from 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 effectivegly
prevent ingress or egress from the premit
except by way of an emergency fire exit
only. Such fire exit shall be required of
all outdoor service areas.
(d) Outdoor service ceras shall not be accessi-
ble except Fran the licensed penises which
it adjoins. the required fire exit shall be
an emergency exit only.
(e) An outdoor service area must be immediately
adJaceut to the licensed establishment of
Mich it is a part.
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Ordinance W.
Page 6
(f) outdoor service areas shall be permitted
only in those zones vAhich permit other than
residential uses and shall rot be permitted
to exist within 100 feet of any lot zoned
for residential use.
(g) outdoor service areas shall comply with
appropriate building, housing and fire codes
and with all other applicable State and City
law;.
(h) Seating or other accamrodations in an out-
door service area shall not exceed one (1)
person per fifteen (15) square feet of floor
area accessible to the public.
(i) Amplified sound equipment shall be prohib-
ited in outdoor service areas. Capliance
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 occupancy limits that apply
to the building which it abuts. The occu-
pancy limit for each outdoor service area
shall be determined by the city building
official. In the event inclement 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
premises 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. Baa Wons fran Mloor Snavice Area
avulatim.
(a) An applicant may, as a part of the applica-
tion for an outdoor service arra, request
exemption fran the requirements of subsec-
tions (c) and (d) of Section 5-41 above.
After review and cement 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 users of abutting
property. The burden of establishing
entitlement to such exemption shall be upon
the applicant, and cost of compliance alone
shall not be sufficient grounds to justify
exemption. Outdoor service areas in exis-
tene on the date of passage of the ordi-
nance codified in this section shall have
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Ordinance hb.
Page 7
one year frau the date of passage to comply
with all requirements for outdoor service
areas stated in paragraph (e) above, or to
obtain exemption therefn".
(b) outdoor cafes adjacent to City Plaza and
Plaza cafes, as defined in Chapter 9.1,
which are also approved for use as outdoor
service areas, shall be ocenpt from the
requirenants of subsections (a), (b), (c)
and (d) of Section 5-41 above. This exerp-
tion is deerei justified on health, welfare
and safety grounds due to the liniteJ 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. Inspection of outdoor Semite Aas.
Outdoor service areas shall be subject to
inspection at least annually at the same time
inspection of the adjacent licensed establishment
occurs. The City nay, in its discretion, inspect
an outdoor service area at any other time.
Sea. 5-44. Sspension or %vocation of flimis-
sion to orate an ftbar Service A^ea.
(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
permitted or allowed the violation of any
provision of the Iowa Code or Code of Ordi-
nances of the City of Ione 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 administrative hearing cauplainnt with
the city council or IMe Beer and Liquor
Control Carmission. Written notice of
hearing, as well as a copy of said
carplainnt, 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
2-185 and 2-187 of the Code of ordinances of
the City of Joke City. In the event of
suspension or revocation, the city shall
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Ordinance No.
Page 8
notify the Iwe Beer and Liquor Control
Departnent Hearing Board, pursuant to Sec-
tion 123.32, Ccde of Im.
(c) NoMthstarding the provisions of subpara-
graphs (h) and (d) above, the city council
ney order the immediate closure of an out-
door service area if it is determined that
Its continued operation presets a clear and
imminent threat to pblic health, safety or
welfare.
(d) Suspension or revocation of authorization by
the city for operation of an outdoor service
area shall not affect the licensing of the
principal establishneont, unless separate
action to suspend or revoke that
liceuse/permit is also initiated.
SECTION 4. REPEALER: All ordinances and parts of
ordinances in conflict with the provision of this
ordinance are hereby repealed.
SECTION 5. SEVERABILITY: If any section, provision
or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall
rot 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
IV
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It was moved by , and seconded by '
that the Ordinance as rea e a op ed and upon roll ca dere were:
AYES: NAYS: ABSENT:
AMBRISCO
-- BAKER
— COURTNEY
— DICKSON
— MCDONALD
— STRAIT
— ZUBER
First consideration
Vote for passage:
Second consideration
Vote for passage
Date published
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