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HomeMy WebLinkAbout2008-04-14 Ordinance04-14-08 6a Prepared by: Adam Ralston, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 ORDINANCE N0. ORDINANCE REZONING APPROXIMATELY 17.97 ACRES LOCATED SOUTH OF RUPPERT ROAD FROM COMMUNITY COMMERCIAL (CC-2) TO INTENSIVE COMMERCIAL (CI-1 ). (REZ08-00002) WHEREAS, ITC Midwest LLC has requested a rezoning of property located south of Ruppert Road from Community Commercial (CC-2) to Intensive Commercial (CI-1 ); and WHEREAS, the Comprehensive Plan identifies this area as appropriate for Intensive Commercial development; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and has recommended that it be approved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning designation of CC-2 to CI-1: North Airport Development lots 2, 3, and 4 and outlots 2A, 3A, and 4A as described in the Final Plat of North Airport Development -Part Two recorded in Book 45, Page 91, dated January 10, 2003 in the records of the Johnson County Recorder. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 20. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office ~l / /~~,. Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright that the First Consideration 4 / 14 / 2008 Vote forpassage: AYES: Champion, Correia, Hayek, O'Donnell, Wilburn, Wright, Bailey. NAYS: None. ABSENT: None: Second Consideration _ Vote for passage: Date published 4-14- 9 Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 6, ENTITLED "PUBLIC HEALTH AND SAFETY", CHAPTER 1, ENTITLED "NUISANCES" TO PROHIBIT THE CONSUMPTION OF ALCOHOLIC BEVERAGES ON NON-LICENSED PREMISES BETWEEN 2 A.M. AND 6 A.M. MONDAY THROUGH SATURDAY, AND BETWEEN 2 A.M. AND 8 A.M. ON SUNDAY. WHEREAS, -City Code Title 6, Chapter 1, Section 2 titled "Public Nuisance Defined: Public Nuisance Enumerated" defines certain behaviors which are injurious to the senses or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property by the public and community; and WHEREAS,, over consumption and under-age consumption of alcohol, and the secondary effects thereof are contrary to the public health, welfare and safety of the citizens of Iowa City and such problems would be exacerbated by the allowance of "after-hours" establishments which allow for the consumption of alcoholic beverages. WHEREAS, the City finds that the consumption of alcohol on premises where food, beverages or entertainment are sold for compensation between 2 a.m. and 6 a.m., Monday through Saturday, and between 2 a.m. and 8 a.m. on Sunday is a public nuisance; and WHEREAS, having so found, the City desires to prohibit said behavior. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 6, entitled "Public Health and Safety," Chapter 1, entitled "Nuisances," Section 2, entitled "Public Nuisance Defined: Public Nuisances Enumerated," is hereby amended to add section (S): (S) Consumption on unlicensed premises. Any building, place or premises where food, beverages or entertainment are sold or provided for compensation, or where persons are charged to enter, upon which alcoholic beverages are consumed between 2:00 a.m. and 6:00 a.m. Monday through Saturday, and between 2:00 a.m. and 8:00 a.m. on Sunday, when said building, place or premises has not been issued a liquor control license or wine or beer permit. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2008. MAYOR ATTEST: Approved by: City Attorney's Office CITY CLERK Ordinance No. Page It was moved by and seconded by - Ordinance as read be adopted, and upon roll call there were: AYES: Bailey Champion Correia Hayek O'Donnell Wilburn Wright that the First Consideration 4 / 14 / 2008 Vote for passage: AYES: O'Donnell, Wilburn, Wright, Champion, Correia, Hayek. NAYS: Bailey. ABSENT: None. Second Consideration Vote for passage: NAYS: ABSENT: Date published Partnering for a better tomorrow Downtown Association of Iowa City April 2, 2008 Letter to: City of Iowa City Council Members From: Craig Gustaveson, President, DTA Subject: Juice Bar -After-Hours Club The Downtown Association of Iowa City would like to express its concerns regarding an inquiry for a juice bar or after-hours club in Iowa City. Our concerns are: The building that houses this type of operation (late night and all night) would be closed during prime business hours, creating a vacated appearance in the main district. Considering the number of bars currently associated with the community, the DTA does not see a need for another venue, in particular one of this nature. A bar that operates on a bringyour ozvn booze concept and that is open throughout the night, would require increased policing for the protection of citizens and business properties, placing an additional strain on a strapped police department. It is the position of the Downtown Association that the problems associated with this type of business far outweigh any positive contribution to the community. Please consider an ordinance to ban any such business in Iowa City. Thank you for your consideration. Respectfully, Craig Gustaveson President Downtown Association of Iowa City 325 E. Washington Street • Suite 100 • Iowa City, IA • 52240 • 354-0863 • dtaiowacity@gmail.com Page 1 of 1 y Marian Karr From: Russell T. Brown [russell.t.brown@gmail.com] Sent: Thursday, April 10, 2008 6:51 PM To: Council Subject: Upcoming "Nuisance" Ordinance Vote Hello- I am writing regarding the upcoming vote on the proposed ordinance that would ban alcohol consumption in certain locations from tam-6am/2am-8am on Sundays. Asa 10-year citizen of Iowa City and a graduate of the UI I feel that the council even considering this ordinance is a huge waste of time and resources. It's absurd to pass a law to restrict a business that hasn't even started yet. I doubt I would ever even visit an after hours club but I believe it has the right to give it a go. There are already nuisance ordinances, don't add a ridiculous one because of what might happen. If you legislated away all the "maybes" there'd be no freedoms left. Thank you, Russell Brown 4/ 10/2008 ~~ ~: Prepared by: Kevin O'Malley, Director of Finance, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5053 ORDINANCE NO. 08-4299 ORDINANCE AMENDING TITLE 3, ENTITLED "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, .BONDS, FINES, AND PENALTIES;' SECTION 3~-5, ENTITLED "SOLID WASTE DISPOSAL;' OF THE CITY CODE TO INCREASE OR CHANGE CERTAIN SOLID WASTE CHARGES. WHEREAS, pursuant to Chapter 384, Code of Iowa (2007), the City of Iowa City provides certain solid waste collection and disposal services; and WHEREAS, it is in the public interest to increase certain fees and charges associated with said solid waste collection and disposal services; and WHEREAS, the Iowa City City Council proposes to increase residential solid waste collection fees by approximately 4% for billing on or after July 1, 2008, to adequately finance operational costs; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 3, entitled "City Finances, Taxation, and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 3-4-5, entitled "Solid Waste Disposal," of the Iowa City Code is hereby amended by: Changing the charge for residential solid waste collection from $14.00 to $14.50 per dwelling unit, and 2 rooming units, per month; and from $10.40 minimum to $10.90 minimum for solid waste. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective July.1, 2008. and approved this 14thday of Ayril , 20 08 . c A' CITY Appro ed by ~~ ~~~~ City Attorney's Office finadmlordlfeeincrease-sw08. doc Ordinance No. 08-4299 Page ~_ It was moved by 0' Donnell and seconded by Wight that the Ordinance as read be adopted, and upon roll call there were: AYES: ~- X x x x x NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright First Consideration 4 / 1[,2008 Vote for passage: .AYES: Hayek, O'Donnell, Wilburn, Wright, Bailey, Champion, Correia. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 4/23/2008 Moved by O'Donnell, seconded by Champion, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES:Wilburn, Wright, Bailey, Champion, Correia, Hayek, O'Donnell. NAYS: None. ABSENT: None. ~b Prepared ti~ Kevin O'Malley, Director of Finance, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5053 ORDINANCE NO. ORDINANCE A ENDING TITLE 3, ENTITLED "CITY FINANCES CHAPTER 4, ENTIT D "SCHEDULE OF FEES, RATES, CH PENALTIES," SECTION`~~,3-4-5, ENTITLED "SOLID WASTE DISPC INCREASE OR CHANGE CERTAIN SOLID WASTE CHARGES. WHEREAS, pursuant to Chapter 384, Code of Iowa (2005), the City waste collection acid disposal services; and WHEREAS, it is in the public inte`~est to increase certain fees and ch r~ collection and disposal services; and~~, WHEREAS, the Iowa City City Co cil proposes to increase side approximately 4% for billing on or after J 1, 2008, to adequate) financ TAXATION AND FEES," i, .BONDS, FINES, AND OF THE CITY CODE TO Iowa City provides certain solid es associated with said solid waste lial solid waste collection fees by operational costs; and NOW, THEREFORE, BE IT ORDAI D BY THE CITY OUNCIL OF THE CITY OF IOWA CITY, IOWA: ~~ SECTION I. AMENDMENT. Title 3, entit d "City Fi nces, Taxation, and Fees, Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, es, a Penalties," Section 3-4-5, entitled "Solid Waste Disposal," of the Iowa City Code is hereby amende by' Changing the charge for residential solid waste c ection from $14.00 to $14.50 per dwelling unit, and 2 rooming units, per month; and from $10:40 minimu to 10.90 minimum for solid waste. SECTION II. REPEALER. All ordinances d part of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any se tion, provision r part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudicatio shall not affect th validity of the Ordinance as a whole or any section, provision or part thereof not adju ed invalid or unconsti tional. SECTION IV. EFFECTIVE DAT .This Ordinance shall be ffective July 1, 2008. Passed and approved .this _~day of MAYOR ATTEST: CITY CLERK by City Attorney' Office ,~/y /44, M~~ ~ ~ Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 08-4300 ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 5, ENTITLED "MISCELLANEOUS OFFENSES," SECTION 2, ENTITLED "BEGGING," TO PROHIBIT SOLICITING FOR MONEY IN LIMITED AREAS, AT CERTAIN TIMES, AND IN AN AGGRESSIVE MANNER. WHEREAS, aggressive solicitation is disturbing and disruptive to citizens and businesses, contributes to the loss of access to and enjoyment of public places and also enhances the sense of fear, intimidation and disorder; WHEREAS, persons who are using an automated teller machine, sitting in a sidewalk cafe, watching their children play on playground equipment, and walking into a business are susceptible to undue intimidation, pressure, and harassment from solicitors; WHEREAS, a confined, unwilling, and captive audience is susceptible to undue intimidation, pressure, and harassment from solicitors; WHEREAS, the City has an interest in protecting persons from intimidation and harassment, an interest in public safety, and an interest in the free flow of pedestrian traffic; WHEREAS, the purpose of designating the area defined as Zone 1 in city plaza was to keep the area abutting buildings free from objects or other obstructions; WHEREAS, Resolution No. 99-337 approved the Central Business District Urban Revitalization Plan and Ordinance No. 99-3900 designated the Central Business District; WHEREAS, the primary objective of the Central Business District Urban Revitalization Plan is to encourage the revitalization of commercial activity and the reuse of history and architecturally significant structures; WHEREAS, Resolution No. 99-353 approved the Near Southside Commercial Urban Revitalization Plan, and Ordinance No. 94-3657 designated the Near Southside Commercial Urban Revitalization Area; WHEREAS, the primary objectives of the Near Southside Commercial Revitalization Plan was to encourage commercial use and the reuse of historic and architecturally significant structures; WHEREAS, the objectives of the Northside Marketplace Streetscape Master Plan include providing a safe and inviting experience for residents and visitors and reintroducing the area as an exciting and essential part of Iowa City; WHEREAS, the City has made a substantial investment in city plaza, the Central Business District, the Near Southside Commercial Area, and the Northside Marketplace Area to ensure their continued economic, community, and social vitality; WHEREAS, this ordinance is not intended to limit any person from exercising their constitutional right to solicit funds, picket, protest or engage in other constitutionally protected activity but rather its goal is to protect citizens from the fear and intimidation that accompany certain kinds of solicitation that are unwelcome, to ensure the free flow of pedestrian traffic, and to encourage economic vitality; and WHEREAS, it is in the best interest of the City to adopt this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 8, entitled "Police Regulations, Chapter 5 entitled "Miscellaneous Offenses," Section 2, entitled "Begging," is deleted in its entirety and the following Section 2 is substituted in lieu thereof: A. Definitions. "Aggressive manner" means any of the following: 1. Touching or causing physical contact with the person solicited. 2. Blocking the passage of the person solicited. 3. Continuing to solicit after a refusal by the person solicited. 4. Following behind, ahead or alongside a person who walks away from the solicitor after being solicited. 5. Using obscene, profane or abusive language or gestures toward the person solicited. "Automated teller machine" means a device linked to a financial institution's account records, which is able to carry out transactions, including, but not limited to: account transfers, deposits, cash withdrawals, and balance inquiries. Ordinance No. 08-4300 Page 2 "Downtown" means Central Business District, Near Southside Commercial Area, and the Northside Marketplace Area as illustrated on the map below. "Solicit" means to request an immediate donation of money or other thing of value from another person, regardless of the solicitor's purpose or intended use of the money or other thing of value. The solicitation may be, without limitation, by the spoken, written or printed word or by other means of communication. B. In the "downtown," it is illegal: 1. To solicit in an aggressive manner. 2. To solicit within ten (10) feet of the anchored or temporary fencing to a sidewalk cafe. 3. To solicit within ten (10) feet of an entrance to or exit from any building. 4. To solicit within ten (10) feet of the concrete border to the playground equipment located south of the public library in city plaza. 5. To solicit within twenty (20) feet of an automated teller machine. 6. To solicit within ten (10) feet of a mobile vendor. C. No person shall be cited under subsections 62-66 above unless the person engages in conduct prohibited by said subsections after having been notified by a peace officer that the conduct violates the City ordinance. D . In places within the City other than "downtown," it is illegal to solicit in an aggressive manner or in a manner that will impair orderly movement of pedestrian or vehicular traffic or otherwise create unreasonable health and safety concerns. SECTION II. VIOLATION. Any violation of this ordinance shall be considered a simple misdemeanor punishable by a fine of $65.00. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. P sed and approved t ~s 14th day of April , 2008. M A ST: CITY CLE ~ A r d by \ ~~Ja~~~ City Attorney's Office Sue/ord/panhandle.doc Ordinance No. 08-4300 Page g It was moved by o' Donnell and seconded by champion that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~- Bailey g Champion X Correia x Hayek x O'Donnell ~ Wilburn _~ Wright First Consideration 3 / 11 / 200.8 Vote for passage: AYES : Hayek, NAYS:Wr~,`ght. ABSENT: Second Consideration 4 / 1 / 2008 Vote for passage: AYES: Bailey, NAYS: Wright. ABSENT: No O'Donnell, Wilburn, Bailey, Champion, Correia. None. Champion, Correia, Hayek, O'Donnell, Wilburn. ne Date published ~/~3/~nnR IOWA AVE UNl l/ERSI TY H N Z O V] ~ ', Q _~ ~ ~~ ~i C P i H (/~ Z W m '~Z Q ~~ N ar ~~ ~; S ut~ s de ~~-~ ,,,~ ~- - oun y Post ~ -_ Court ffice ~l~ House rri o / P r ~ ~ HARRISON ST --~ ~`'' ~-- ~ ~ ~ ~ ~ w ~ _ z ~ > J z ~ cn o O o 0 0 v o ~ Z m Q a ~ ~ - `, ~ c~ ~ ~ \, PRENTISS ST r___ ~_~ ~_~ `L ~--.T--~ Downtown E3L~ )OMINGTON ST ~~ orths ~ Merc ~~, ~` P ~ e Hospital ~- y ~J ~~ )AAf:KET 5T ~- ~ N ~ ~ z z ~ N w o ~~ LLLL~~~~~-- ~ ~ ~ ~ ~ z w ~m Q U ~~ ~~ ~ Z JEFFERSON S~ ~~ TATE HIGHWAY f- Z w m z l~ N M-~~ Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE N0. 08-4301 ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 5, ENTITLED "MISCELLANEOUS OFFENSES," BY ADDING A NEW SECTION 10, ENTITLED "SITTING AND LYING ON SIDEWALKS" TO PROHIBIT SITTING AND LYING ON PUBLIC SIDEWALKS IN THE DOWNTOWN AND IN ZONE 1 OF CITY PLAZA. WHEREAS, the City has an interest in the free flow of pedestrian traffic; WHEREAS, public sidewalks are created and maintained for the primary purposes of enabling pedestrians to safely and effectively move about from place to place, facilitating deliveries of goods and services, and providing potential customers with convenient access to goods and services; WHEREAS, pedestrians, particularly the elderly, disabled or vision -impaired, are put at increased risk when they must navigate around individuals sitting or lying upon the public sidewalks; WHEREAS, sitting or lying on the public sidewalks in downtown and neighborhood commercial areas interferes with the primary purposes of the public sidewalk and threatens public safety; WHEREAS, in some circumstances, sitting or lying deters persons from shopping or dining in an area or at a particular establishment and undermines the essential economic vitality of those areas; WHEREAS, there are numerous other places within the downtown and neighborhood commercial areas where sitting or lying down can be accommodated without unduly interfering with the safe flow of pedestrian traffic, impairing economic vitality, or threatening public safety; WHEREAS, Resolution No. 99-337 approved the Central Business District Urban Revitalization Plan and Ordinance No. 99-3900 designated the Central Business District; WHEREAS, the primary objective of the Central Business District Urban Revitalization Plan is to encourage the revitalization of commercial activity and the reuse of history and architecturally significant structures; WHEREAS, Resolution No. 99-353 approved the Near Southside Commercial Urban Revitalization Plan, and Ordinance No. 94-3657 designated the. Near Southside Commercial Urban Revitalization Area; WHEREAS, the primary objectives of the Near Southside Commercial Revitalization Plan was to encourage commercial use and the reuse of historic and architecturally significant structures; WHEREAS, the objectives of the Northside Marketplace Streetscape Master Plan include providing a safe and inviting experience for residents and visitors and reintroducing the area as an exciting and essential part of Iowa City; and WHEREAS, it is in the best interest of the City to adopt this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 8, entitled "Police Regulations, Chapter 5 entitled "Miscellaneous Offenses," is hereby amended by adding a new Section 10, entitled "Sitting and Lying on Sidewalks" as follows: 1. No person shall sit or lie down upon a public sidewalk in the downtown or in Zone 1 of city plaza or on a blanket, chair, stool, or any other object placed on a public sidewalk in the downtown or in Zone 1 of city plaza 2. This prohibition shall not apply to: a. A person attending, viewing, or participating in any of the following events: Friday Night Concert Series, Arts Fest, Jazz Fest, University of Iowa Homecoming parade, University of Iowa River Run, Old Capitol Criterium Bicycle Race or any parade, public assembly, festival, performance or similar event co-sponsored or permitted by the City of Iowa City, where crowds of people gather. b. A person sitting or lying down due to a medical emergency. c. A person with disabilities using a wheelchair or similar device designed for a person with disabilities. d. A person sitting at a sidewalk cafe. e. A person sitting or lying on a bench or planter affixed to the public sidewalk. f. A person who has a temporary use of sidewalk permit, a mobile vending permit, or other permit issued by the City. 3. No person shall be cited under this section unless the person engages in conduct after having been notified by a peace officer that the conduct violates the City ordinance. Ordinance No. 08-4301 Page 2 4. "Downtown" means the Central Business District, the Near Southside Commercial Area, and the Northside Marketplace Area as illustrated on the map in Section 8-5-2 of this Code. "Zone 1 of city plaza" means "zone 1" as that term is defined in section 10-5-2 of this Code. SECTION II. VIOLATION. Any violation of this ordinance shall be considered a simple misdemeanor and punished,by a fine of $65.00. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 14th day of Ayril , 2008. A ST: ~/ CIT CLERK Ap ved by /~-`~ ~~ City Attorney's Office Suelord/nema sitting.doc Ordinance No. Q£i-430? Page 3 It was moved by Wright and seconded by xay~k that the Ordinance as read be adopted, and upon roll call there were: AYES: X -~- x -~- ~- x NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright First Consideration 3 / 11 / 2008 Vote for passage: AYES: O'Donnell, Wilburn, Wright, Bailey, Champion, Correia, Hayek. NAYS: None. ABSENT: None. Second Consideration 4 / 1 / 2008 Vote for passage: AYES: Champion, Correia,Hayek, O'Donnell, Wilburn, Wright. NAYS: None. ABSENT: None. Date published 4 / 23 / 2008 ~. ~~ ' ~_ Prepared by: Kristopher Ackerson, Asst. Transportation Planner, 410 E. Washington Street, Iowa City, IA 52240; 319- 356-5247 ORDINANCE N0. 08-4302 ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITLED "SPEED RESTRICTIONS", SUBSECTION B, ENTITLED "EXCEPTIONS". WHEREAS, City Code Section 9-3-6(B) currently defines speed limits for U.S. Highway 218 from the south city limits to the intersection of U.S. Highway 6 and Iowa Highway 1; and WHEREAS, the street between the intersection of U.S. Highway 6 and Iowa Highway 1 and the south city limits is now named Old U.S. Highway 218 and Riverside Drive; and WHEREAS, it is in the best interest of the City to define maximum allowable speeds for all vehicles on public streets and highways; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," Section 6, entitled "Speed Restrictions," Sub-Section B, entitled "Exceptions" is hereby amended by substituting the following language under the heading of "Name of Street": , Maximum Speed Limit Name of Street (MPH) Where Limit Applies Old U.S. Highway 218 50 From the south city limits to a point 1,600 feet north of the south city limits Riverside Drive 45 From a point 1,600 feet north of the south city limits to a point 800 feet south of the intersection with U.S. Highway 6 and Iowa Highway 1 Riverside Drive 30 From a point 800 feet south of the intersection with U.S. Highway 6 and Iowa Highway 1 north to the intersection with U.S. Highway 6 and Iowa Highway 1 SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective upon publication. and approved this 14th day of Anril , 2008. c ATTEST: CI ERK Appr ed by ~~~ City Attorney's Office Ordinance No. 08-4302 Page 2 It was moved by Champion and seconded by o' Donnell that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey x ~ Champion x Correia x Hayek ~_ O'Donnell x Wilburn x Wright First Consideration 3 / 11 / 2008 Vote for passage: AYES: Wright, Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn. NAYS: None. ABSENT: None. Second Consideration 4 / 1 / 2008 Vote for passage: AYES: Correia, Hayek, O'Donnell, Wilburn, Wright, Bailey, Champion. NAYS: None. ABSENT: None. Date published 4/23/2008