HomeMy WebLinkAbout2009-06-02 OrdinanceM-~ ~~~ , ,
Prepared by: Christina Kuecker, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ09-00001)
Ordinance No. 09-4340
AN ORDINANCE REZONING APPROXIMATELY 23.25 ACRES OF PROPERTY
LOCATED ALONG THE 400 - 500 BLOCKS OF N. VAN BUREN STREET, THE 300 -
500 BLOCKS OF N. GILBERT STREET, THE 300 - 700 BLOCKS OF N. LINN
STREET, THE 200 - 300 BLOCKS OF RONALDS STREET, THE 200 - 300 BLOCKS
OF CHURCH STREET, THE 200 - 500 BLOCKS OF FAIRCHILD STREET, AND 200 -
400 BLOCKS OF DAVENPORT STREET FROM NEIGHBORHOOD STABILIZATION
RESIDENTIAL (RNS-12) ZONE TO HISTORIC DISTRICT OVERLAY/
NEIGHBORHOOD STABILIZATION RESIDENTIAL (OHD/RNS-12) ZONE AND FROM
MEDIUM DENSITY SINGLE FAMILY (RS-8) ZONE TO HISTORIC DISTRICT
OVERLAY/MEDIUM DENSITY SINGLE FAMILY (OHDIRS-8) ZONE. (REZ09-00001)
WHEREAS, the historic resources of the Northside Neighborhood have been surveyed and
evaluated, and the proposed Northside Historic District has been deemed eligible for local historic district
designation; and
WHEREAS, a portion of the proposed Northside Historic District has been listed on the National
Register of Historic Places; and
WHEREAS, the Iowa City Historic Preservation Plan, contained in the Iowa City Comprehensive
Plan, recommends the designation of conservation and historic districts within the Northside
Neighborhood; and
WHEREAS, the Iowa City Comprehensive Plan recommends preservation of the integrity of historic
neighborhoods, the stabilization of neighborhoods, and supports efforts of the Historic Preservation
Commission; and
WHEREAS, the Central District Plan encourages the designation of local Historic District status for
the Gilbert-Linn Street National Register District, which is located within the proposed Northside Historic
District; and
WHEREAS, the Iowa City Municipal Code authorizes the Historic Preservation Commission to
recommend and the City Council to designate historic districts, where deemed appropriate, as a means of
preserving the neighborhood character of traditional Iowa City neighborhoods, or for preserving areas that
exemplify unique or distinctive development patterns; and
WHEREAS, the Historic Preservation Commission believes that the designation of the Northside
Historic District will help stabilize one of Iowa City's oldest neighborhoods by providing for design review
of exterior changes, building demolition, and new construction, which will assure compatibility with the
existing character of the district, and will preserve the neighborhood for future residents of Iowa City; and
WHEREAS, at its March 12, 2009 public hearing, the Historic Preservation Commission
recommended approval of said rezoning to designate the Northside Historic District; and
WHEREAS, the Planning and Zoning Commission believes that designating the Northside Historic
District is in accordance with the Comprehensive Plan, the Zoning Code, and any potential Urban
Renewal projects and will provide a stabilizing effect on the neighborhood; and
WHEREAS, at its April 2, 2009 meeting, the Planning and Zoning Commission recommended
approval of said rezoning to designate the Northside Historic District.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. The Northside Historic District, legally described below and illustrated
on Exhibit A attached hereto and incorporated herein by this reference, is hereby designated as a Historic
District Overlay (OHD) Zone and subject to the guidelines of the Iowa City Historic Preservation
Handbook including Section 8.4, Northside Neighborhood District Guidelines. The following real estate is
hereby rezoned:
From RNS-12 to OHD/RNS-12
An area containing all of Blocks 55 and 56 of Original Town, Iowa City, Iowa. Also including,
in said Original Town: All of lot 5, Block 35; All of lot 2 plus the west 20' of lot 1, Block 36;
All of lot 4 plus the west 15' of the south 40' of Lot 3, Block 48; All of lots 1, 2, 3, 4, and 5,
Block 49; All of lots 4, 5, 6, 7, and 8, Block 50; All of lots 5, 6, and 7, Block 54; All of lots 1, 2,
Ordinance No. 09-4340
Page 2
3, and 4, Block 57; All of lots 1 and 2 plus the east half of lot 3, Block 69; All of lots 1, 7 and
8 plus the east 50' of lot 2 and east half of lot 6, Block 70; All of lots 1, 6, 7, and 8 plus the
east 17.25' of north 75' and the east 40' of the south 75' of lot 2, Block 71; and All of lot 8,
Block 72.
From RS-8 to OHD/RS-8
An area containing all of All of lot 5, Block 53; All of lot 4, plus the west 30' of lot 3, Block 54;
All of lot 1, Block 72; and All of lot 8, Block 73 of Original Town, Iowa City, Iowa
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance as provided by law.
SECTION III. CERTIFICATION AND 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, 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 2nd day of Tune , 2009.
Approved by
~ ~~~~
City Attorney's Office ~ ~~ p ~
ATTEST:
CITY RK
Ordinance No. 09-4340
Page _~
It was moved by Correia and seconded by Wright that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x
X
x
x
X
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
First Consideration 5/5/2009
Vote for passage: AYES: Bailey, Champion,
NAYS: O'Donnell. ABSENT: None.
Second Consideration 5/19/2009
Vote for passage: AYES: Bailey, Champion,
NAYS: O'Donnell. ABSENT: None:
Date published June io, 2009
Correia, Hayek, Wilburn, Wright.
Correia, Hayek, Wilburn, Wright.
Exhibit A
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Marian Karr
From: Regenia Bailey [bailey@avalon.net]
Sent: Wednesday, May 20, 2009 6:14 PM
To: Marian Karr
Subject: FW: Thanks for your vote on Northside Preservation District
.__ _ _
From: sandreskin@aol.com [mailto:sandreskin@aol.com]
Sent: Tuesday, May 12, 2009 4:59 PM
To: regenia-bailey@iowa-city.org; mike-Wright@iowa-city.org; amy-Correia@iowa-city.org; matt-hayek@iowa-
city.org; ross-Wilburn@iowa-city.org
Subject: Thanks for your vote on Northside Preservation District
Thank you for voting in favor of the Northside Historic District. I worry that the School District
Superintendent is failing to see the strength of our community inner core.
While we talk green and self-sustaining and renewable other forces are pulling us to spread out, be car
dependent, and to abandon our heritage. While preservationist talk about the architectural heritage, the
social heritage is just as important. Families have lived in the north side for generations and we want to
see that continue. Pride in our Northside community and the chance for some grants and services related
to the Historic District should help achieve that goal.
Thank you for your supportive vote on this. Regards, Sandie/Zoe Eskin
A Good Credit Score is 700 or Above. Seeyouurs...in_j_u_st 2 eat ste_p_s!_
5/21 /2009
Page 1 of 1
Marian Karr
From: Spence.Family [spence.family@mchsi.com]
Sent: Wednesday, May 27, 2009 12:46 PM
To: Council
Subject: Historic District Vote
May 27, 2009
To City Council Members:
We strongly disagree with your recent votes to impose a historic district overlay on an expanded section of the
Northside- particularly in view of the fact that this action is opposed by a majority of the affected
homeowners/taxpayers in the proposed district.
This spring we received a letter from the current Northside Historic District Association. This was a reminder
from them that if we planned any improvements on our property that would require a building permit; we would
also need their approval first. They had attached a map showing our property to be in the district. We were
panicked and upset as we have never been in the district and felt that we had somehow had our rights usurped.
Fortunately, I found that the City of Iowa City website map correctly shows that our property is outside the
district.
Let me mention some of the improvements we have made to our property in our 36 years of ownership and
paying property taxes. All of these would not have been possible if we lived in a district where the Historic
District association got to decide what was best for our family. About 15 years ago we got two estimates-one to
paint the house, for $7,000, vs. vinyl siding for $ 10,000. We chose the siding and have been very satisfied. We
would have probably had to paint at least 2 xs more since then. The siding still looks good- better than many of
the houses in the proposed district and is more airtight as well. Several years after that we added a 2 car garage.
We now have a place to store our cars, lawnmower, snow blower, bicycles and we don't have to spend 10 minutes
every day in the winter scraping our windshields. We built a retaining wall in the yard so that we would be able to
have a level plot for a flower and vegetable garden. We enjoy the garden and get many compliments from
neighbors and people passing by. We added a deck to the rear of the property, where we entertain, eat outside and
watch the birds. We have replaced most of our very leaky windows with vinyl replacement windows with double
glass, which are far more energy efficient and also look much better (inside and out) than the old windows.We
don't have to climb ladders twice a year to hang screens and storm windows, which as we age, is more dangerous.
In addition, we have the pleasure of being able to open and close them w/ease and wash them from inside, which
was not possible before. As a result of these improvements, our assessed value has increased, adding to the local
property tax base.
It would be one thing if you were voting to uphold appropriate zoning, to prevent some radical changes in this
district. However, the historic district rules are way too restrictive- often preventing common sense/energy
efficient improvements that I'm sure most of you are able to make on your properties without the review of a
board that claims to know better than the homeowner. This is very un-democratic and I am very disappointed in
the council's stand on this matter.
I would ask you to please re-consider. Thank you.
John and Barbara Spence
905 N. Gilbert St.
Iowa City, Iowa
5/27/2009
Page 1 of 1
Marian Karr
From: Scholz, Thomas [thomas-scholz@uiowa.edu]
Sent: Wednesday, May 27, 2009 8:17 AM
To: Council
Subject: Historic District
I want to congratulate the 6 of you with the vision to rezone the northside Iowa City neighborhood as a historic
district. The area is rapidly becoming the destination area of Iowa City. Efforts to enhance that image will only
help to bring more people to the area and more revenue to Iowa City!
Well done!
Tom Scholz
420 Ferson Avenue
Iowa City, IA 52246
5/27/2009
Marian Karr
From: Hamilton, David B [david-hamilton@uiowa.edu]
Sent: Wednesday, May 27, 2009 9:02 AM
To: opinion@press-citizen.com
Cc: Council
Subject: Open Letter
Dear Editors,
This morning's paper carries an Open Letter opposing the Northside Historic District
Overlay Zone that is before the City Council. It is signed by 27 persons who presumably
paid for it and who represent themselves as "property owners."
A check and re-check of my phone book shows that only two of the signers are sure to
reside in the designated area though a third shares a family name with someone who does,
and a fourth has a business address there but a residence in Manville Heights.
Two are uncertain because their phones are listed but not their addresses, and eight more
are unlisted. It is possible that all ten of those signers have family homes in the
neighborhood, but it is doubtful; many could live just as well in Des Moines or Los
Angeles.
None of this is illegal, of course; property is property and the rights of owners are to
be respected. But it does show what advocates for the Historic District are up against,
those "elitists" as Bob Elliot's letter called them who do live in the neighborhood and
wish to protect family residences there while at least a third of the signers have made
their homes in more upscale neighborhoods of Iowa City or Coralville.
Nor do I reside in the area as defined, but I am one block north of it and so with their
petition in spirit even if less directly affected by it.
David Hamilton
814 N. Linn St.
351-3516
1
Page 1 of 2
Marian Karr
From: stlarson@avalon.net
Sent: Wednesday, May 27, 2009 4:53 PM
To: Council
Subject: Historic District rezoning -One Realtor's perspective
Dear Council members,
Before you is the decision to rezone a portion of the north end of Iowa City with an Historic District overlay. I'rr'
writing to encourage you to rethink the position of voting yes for the overlay. Below are several of my reasons:
1. In and of itself, the Historic District overlay seems a harmless way to preserve the integrity of our older
neighborhoods. But just because something is "old" doesn't mean it's historical for the right reasons, or even
good. Basement foundations used to be constructed of stones, brick, and red clay tile, but these proved to not be
very good building materials. Poured concrete with the fields has proven to be a better protector of a home's
foundation from the extremes of Iowa's weather. We could talk about windows, siding, roof materials, knob and
tube wiring, or insulation -the list goes on and on. How historic district building codes can be (mis) interpreted
and enforced is a major complaint of folks who currently live in historic districts. Common sense has to come into
play, which then begs the following questions: How much authority should an organization have over the people
who actually own a property? Is this about preserving an already historic area or about bringing up homes in
disrepair? If it's the latter question, I don't think this overlay is the answer.
2. Perhaps people are thinking if we don't put in the Historic District overlay the builders, developers, and
landlords will tear down all the old homes and put in apartment buildings? We've seen it happen in several
"downtown" locations. Is there a different way to keep apartment builders at bay? When I looked at the current
zoning most of the north side areas are zoned RSN 12 (Neighborhood Conservation Residential) and RS 8
(medium density single family). Neither of these zonings permits apartment buildings - so there shouldn't be any
worries here of that happening. Is the unspoken politically incorrect issue that this area is largely inhabited by
students? That there are homes owned by absentee landlords who have allowed homes to become run down?
To install an Historic District overlay on homes in disrepair only shoots the city in the foot - if you make it so
expensive to repair/remodel a home because expensive materials are required to be used, the owners will choose
to not make repairs at all. For the majority of homeowners who are interested in keeping their homes in good
repair, you are penalizing them with the strict interpretation of the Historical District overlay. Please rethink what it
is you are actually trying to accomplish, and what will be the best way to meet these goals. Cramming rules down
homeowners' throats is not the constructive way to move neighborhoods forward.
3. At issue is the subject of control -and the question really is: How much "control" should a municipality have
over the rights of property tax- paying homeowners? It appears that perhaps the sins of a few now means "the
city" feels they have to take control of the situation and save everyone from themselves. If there are properties
with unruly students and greedy landlords, deal with these homes situation by situation. Coming up with a plan to
handle homes in disrepair seems a more reasonable way to deal with run down homes in older neighborhoods
than to apply what responsible homeowners feel are rather militaristic rules to every single home within sight.
4. Integrity and Purity - As a local Realtor, I very much appreciate these qualities in a home. I've seen homes
that have been meticulously maintained, and I've seen those "bastardized" in the process. We have an
expression in my office: "There's a lid for every pot." You can't force what you like or dislike on others, and
everyone's tastes differ. What's important to you may not be important to someone else. Homes and
neighborhoods tend to hit the high notes where emotions are concerned - we Realtors deal with this every single
day. Gentle guidance goes a long way when emotions are involved. As a council, you are smack dab in the
middle. I encourage you to not pass the Historical District overlay until you are positive there is no other way to
solve the spoken or unspoken problems that are really out there.
It is possible when dealing with homes for there to be win-win endings. Where each side works reasonably, with
5/27/2009
Page 2 of 2
a little give and take, to ensure that the end is a good one. Negotiation is a fine art, and it's quite wonderful when
people can feel they've been heard and listened to. A majority of homeowners have asked you to wait with the
overlay and consider other options. As someone who is very involved in this area's housing market, I encourage
you to do the same. A decision of this magnitude deserves more careful consideration.
Sincerely,
Terri Larson
Broker Associate
Blank & McCune, The Real Estate Company
506 E. College St.,
Iowa City IA 52240
319-354-9440
Licensed to sell real estate in Iowa
5/27/2009
Marian Karr
From: Bu Wilson [buwilson@earthlink.net]
Sent: Wednesday, May 27, 2009 8:21 PM
To: Council
Subject: Northside Historic District
This letter is to voice my approval of the City Council's vote in favor of a Historic
District on the Northside. I believe the council was almost entirely correct in listening
most closely to those who actually reside in the neighborhood. These residents are
committed to preserving the quality of life they find in living within walking distance to
school and work, in historic structures they are committed to maintaining, in
neighborhoods that are diverse in terms of age, professional status, and economic class.
This letter is prompted by Open Letter advertisement that appeared in the May 27
Press Citizen. I feel that it is an gross misconception of property rights to say that
"property rights in Iowa City died" because of the Council vote. Property rights without
civic responsibility and accountability has never existed in this country, which is more
accommodating to property rights than most Western governments. To present the argument in
those terms was nothing but "red-baiting" and casts only the thinnest of veils on a
position that is obviously self-serving and short-sighted.
Both as a renter and as a home-owner in the "near-downtown" area, I have felt the
adverse effect on my quality of life, imposed by corporate-like property owners who do not
live in the area and have nothing but contempt for those who do. Not all landlords are
like that, but those who are have become a blight that descends equally on the area's
renters, homeowners and responsible property managers. The Council acted in a manner that
would support the comprehensive city-wide zoning plan and would also support the resident
property owners and rental residents who value long-term investments, the preservation of
historic structure and a diverse quality of life over the unrestrained desire of some
landowners to "strip-mine" the historic neighborhoods of Iowa City for profit.
I urge the Council to vote to finalize the Northside area as a historic district
Bu Wilson
1110 E. College St.
1
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~~
Marian Karr
From: Chrismanthe@yahoo.com
Sent: Thursday, May 28, 2009 9:44 AM
To: Council
Subject: property rights up for vote.
Importance: High
Please support protecting our historic neighborhoods.
I understand that the majority of houses in that proposed area are now not owner occupied(rentals) and we loose
more of these historic properties every year.
Lets protect this neighborhood now so it does not become even more dominated by non owner occupied units,
uninterested in protecting historic properties.
I think you should strongly consider the opinions of the majority of people that show up for the meetings about this
decision.
I do not live in a historic district. I live in a crappy duplex neighborhood full of disgusting, dilapidated and poorly
maintained rental homes and it is a shame to see.
What if 60.5% of the properties in that rezoning area wanted to put up cellular towers in their yards or 60.5%
wanted to cover their yard with broken glass.
Having a Majority of a minority(rentals) make the decisions is not in the best interest of the entire community in
my opinion.
I thank you for your consideration
Christopher Manthe-Kuecker
941 Dover st
Iowa City Iowa 52245
5/28/2009
Page 1 of 1
Marian Karr
From: Sue Kirk [kirk@hebblaw.com]
Sent: Friday, May 29, 2009 8:30 AM
To: Council
Subject: Near North Side
Dear Council,
Historic preservation should be encouraged, not mandated by law. The management of property
should be left to home owners. Owners should be allowed to decide on equipment and materials
according to their own taste, financial ability and according to generally accepted building practices.
This area is made up of many first time homeowners. It is a Bohemian and artistic neighborhood.
Many of these people want their homes to be an expression of themselves. Home ownership gives
people an opportunity to be creative with their homes and their yards. This proposal would prevent
artistic, free thinkers from doing something superlative with their own property, something that may
even be preservation worthy 100 years from now. It's an unfair burden to allow a Board to
subjectively and arbitrarily govern the appearance of our homes and our neighborhoods.
To Councilman O'Donnell, thank you for listening to the public on this matter.
Sue Kirk
Honohan, Epley, Braddock & Brenneman, LLP
330 East Court Street
P.O. Box 3010
Iowa City, Iowa 52244-3010
319.351.8100; 319.351.0977 (fax)
The foregoing is confidential, and is intended for the named addressee only. If the reader of this message is not the
intended recipient or employee or agent responsible for delivering the message to the intended recipient you are hereby
notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this
communication in error, please delete it and notify us immediately. Unless you have retained me as your attorney, you
should not rely on any suggestions contained herein as anything but suggestions. Thank you.
5/29/2009
Page 1 of 1 ~~
Marian Karr
From: Lhujpc@aol.com
Sent: Saturday, May 30, 2009 2:36 PM
To: Council
Subject: From Paul Juhl
Members:
Please stay the course. We all want Iowa City to have strong, attractive neighborhoods with appropriate period
buildings. I am tired of absentee landlords who seem to be simply waiting for their land to be purchased for
multi-family buildings. Some even contend that they allow their "investments" to become run down so no one
will object to their demolition. I won't want to stop progress but we need to identify that certain feeling that
makes every one proud of our town.
Please support the historic overlay of the north end.
Paul Juhl
A Good Credit Score is 700 or Above. See yours in~ust 2 easy steps!
6/ 1 /2009
~,C~
Marian Karr
From: Susan Futrell [sfutrell@mchsi.com]
Sent: Sunday, May 31, 2009 12:19 PM
To: Council
Subject: Near Northside Historic District support
Dear City Council,
Thank you again to those of you who have supported the proposed Near Northside Historic
District. I hope you will continue your support with the third vote.
Arguments against the proposed district have mostly focused on
property rights and opposition to historic preservation in general.
The City, by past actions and its own Comprehensive Plan, has long since recognized the
value of Historic Preservation Districts; the question is whether the near Northside
qualifies for the designation.
The historic character and value of the Northside neighborhood have been well-documented
and thoroughly established. Residents of the proposed district have requested historic
designation four times, each time with the support of the neighborhood association,
Historic Preservation Commission, Planning and Zoning Commission, City staff,
and City Comprehensive plan. Many residents of the neighborhood,
homeowners as well as renters, have spoken repeatedly in support of the proposed district.
Meanwhile, ownership of properties in the district has shifted from a once-stable mix of
half owner-occupied/half rental, to over 70~ non-
resident ownership. Of the 26 signers of an ad opposing the
district in last week's Press Citizen, only three actually live and own property in the
proposed district; the rest list addresses elsewhere, many of them outside of Iowa City or
out-of-state. It is easy to cry "property rights" from afar, while a neighborhood that has
been a vibrant, diverse, community asset steadily declines under the pressure of absentee
ownership. The historic overlay will not address all of those issues, but it will give a
much needed source of support to property owners who do want to maintain and preserve the
character of the district, and will help signal to others, including potential tenants and
home-buyers, that this is a neighborhood worth taking care of.
Historic designation already has a positive impact in other parts of the city and it's
long overdue in this neighborhood. The council's vote was based appropriately, on longterm
vision that recognizes the value to the whole community of retaining and stabilizing one
of the oldest, most diverse, walkable, `green' and affordable neighborhoods in the City.
Thank you to all seven of you for your service to the community.
Sincerely,
Susan Futrell
311 Fairchild St.
Iowa City, Iowa
1
Page 1 of 1
S.~,
Marian Karr
From: Spitzer, Jean dean-spitzer@uiowa.edu]
Sent: Monday, June 01, 2009 7:47 AM
To: Council
Subject: historic preservation vote for the Northside
I have been following the news coverage of the upcoming City Council vote regarding the Historic Preservation
designation for the Northside district of Iowa City. The opinion page of the Press-Citizen has published what
appears to be a fair representation of both sides of the discussion. In my opinion, Terri Larson's comments reflect
my views: the philosophy of historic preservation is good while the implementation is flawed and can be inflexible
for homeowners.
From what I understand, there was a petition of notarized signatures of those individuals who opposed the
designation in the Northside overlay. The percentage of home and business owners on this submitteed document
exceeded 60% based on information available. It is difficult to understand why the City Council's first vote was to
establish this precedent given the degree of opposition.
When the vote is taken on Tuesday, June 2, 2009, I strongly urge the City Council to decide "NO." The level of
consensus in this Northside neighborhood is far from unanimous.
Jean F. Spitzer
124 Ferson Avenue, Iowa City, IA.
6/1/2009
Page 1 of 1
5b
Marian Karr
From: jesse.singerman@mchsi.com
Sent: Monday, June 01, 2009 9:22 AM
To: Council
Subject: Northside Historic District
Dear City Council-
Please vote yes to make the Northside of Iowa City an historic district. We live within 500 feet of the
district and strongly support it. We should protect the history of this area and protect the structures
within it as part of a livable neighborhood.
We need to encourage family and resident ownership of houses in this part of Iowa City or we will have
a district filled with absentee landlords and a series of rotating residents that fundamentally do not care
about the neighborhood. This year alone we were treated to piles of garbage blowing around from
uncovered cans, pornography posted on telephone poles (the week the students returned last August) and
sidewalks littered with multiple broken beer bottles after graduation.
Regarding the broken bottles - I asked a young man who lived in the house to clean up the glass
covering the sidewalk but he told me that was the landlord's responsibility. I tried calling the property
manager but never heard back. The glass has been pushed back into the grass where it remains.
Absentee landlords do not care about the same things those of us who live here do.
Please vote yes.
Jesse Singerman
219 Ronalds St.
Iowa City, IA 52245
6/1/2009
~' ~~
Marian Karr
From: Stalter, Timothy J [timothy-stalter@uiowa.edu]
Sent: Tuesday, June 02, 2009 10:16 AM
To: Council
Subject: Historic District
To the Iowa City Council:
I am writing to urge those of you who voted "yes" to imposing the Historic District
overlay zone on the Northside neighborhood, to change your mind and vote "NO" tonight at
the council meeting. By doing so, you will be serving the will of the majority instead of
those of special interests. With 60.5 % of the property owners signing notarized
objections, you are overriding the majority by voting "yes". Please vote according to the
will of the people.
Please vote "NO" and preserve the democratic process in this wonderful city.
Dr. Timothy Stalter
421 Bayard Street
Iowa City, IA 52246
1
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~.~~j
Marian Karr
___
From: Jane McCune [jane.mccune@blankandmccune.com]
Sent: Tuesday, June 02, 2009 2:02 PM
To: Council
Cc: Judith-pascoe@uiowa.edu; William-Jennings@uiowa.edu
Subject: NHPD Overlay
Dear Council Members, As business owners who deal with people's housing needs on a daily basis, we would
like to voice our support for the Northside Historic Preservation District Overlay. Many people want to live in older
neighborhoods because of their charm, history, affordability and proximity to downtown and the campus. The
supply of single family houses in Iowa City is already very small and certainly needs to be preserved. We urge
you to vote in favor of the proposed district. Sincerely, Jane McCune and Jackie Blank
6/2/2009
~~
Marian Karr
From: Ellen Widiss [ewidiss@mchsi.com]
Sent: Tuesday, June 02, 2009 4:28 PM
To: Council
Subject: Northside Historic District: Yes!
I am writing to urge the six of you who have been voting in the affirmative to do so
again tonight.
I have no new points to make; everything I have thought of has already been expressed
persuasively and eloquently by Susan Futrell and David Hamilton in their letters in
Saturday's Press-Citizen, or
earlier by others. I simply wish to express my strong support for
the concept.
At the same time, I am troubled by several statements I consider misleading, or half-
truths, in the piece by Terri Larson, and, far more so, in the half-page paid ad which
opponents ran recently.
Like David Hamilton, I do not live in the proposed district, but do live just one ravine
north of it. I would expect that my area will be affected sooner or later by the type of
development which takes place in the Northside, so yes, I do consider myself a stakeholder
in tonight's decision.
More important, I would argue that creating a Northside Historic District is a long
overdue move which will benefit the city as a whole. Anything which contributes to
stabilizing this area is a good.
Lastly, I would like to thank you all for your service, for being willing to be in the
"hot seat" on this and other contentious issues. As a nine-year veteran of the School
Board (1983 - 1992), I can empathize all too well with what you are going through now,
both in terms of the conflicting pressures and of the demands on your time and patience.
Ellen widiss
316 Kimball Road
1
Page 1 of 1
Marian Karr
From: Regenia Bailey [bailey@avalon.net]
Sent: Tuesday, June 02, 2009 5:44 PM
To: Marian Karr
Subject: FW: tonight's third and final vote on the zoning overlay for the Northside Historic District
From: Missy Molleston [mailto:mmolles@kirkwood.edu]
Sent: Tuesday, June 02, 2009 10:23 AM
To: regenia-bailey@iowa-city.org; Connie-champion@iowa-city.org; matt-hayek@iowa-city.org; mike-
wright@iowa-city.org; mike-odonnell@iowa-city.org; amy-Correia@iowa-city.org; ross-Wilburn@iowa-city.org
Subject: tonight's third and final vote on the zoning overlay for the Northside Historic District
Dear City Council members,
I am writing to you in anticipation of tonight's final vote on the zoning overlay for the Northside Historic District.
There are a few things that I want to say while I still have the time.
First of all, I would like to thank you for the opportunity to express my opinion in favor of the proposed district
prior to the first Council vote on May 5th of this year.
Secondly, the idea that vinyl siding is an affordable way to insulate an old house is a misconception, which was
noted by Historic Preservation Planner Christina Kuecker for the Historic Preservation Commission in its
recommendation presentation before public comment began in that first meeting. "Vinyl windows and siding
have proven not to be durable materials and to be detrimental to long-term structure of historic homes
that were not built with a vapor barrier. By applying vinyl siding to an old house, the wall no longer
functions as originally built. Moisture's often trapped in the wall, creating problems with rot and mold on
the insides of the wall. These problems are often not discovered until it's too late and the damage is done."
This should not be accepted as a legitimate compromise in the proposed zoning regulations.
Thirdly, as I stated at that meeting, I don't live in the proposed district, but in a neighboring historic district.
However, I feel that I have a say in this matter because I voted in the last City Council election, for candidates
whom I voted for because they shared my views on the future of historic preservation in Iowa City. Candidates,
now Council members, whom I believe to be, in the words of Dick Cheney describing President Gerald Ford,
"unafraid to make the tough calls, even when they carry high political risk".
Thank you for your consideration.
Sincerely,
Missy Molleston
825 N Gilbert Street
Iowa City, IA 52245
6/2/2009
~~q
(CC60109)
June 1, 2009
Iowa City City Council
410 E Washington
Iowa City IA
Re: Federal Stimulus Funds --
-- Obstructed by the energy conservation restrictions within
the proposed Northside Historic District
Councilors:
1. This is IMPORTANT, URGENT, NEW information. Please consider
it before voting on the proposed Northside Historic District.
2. The proposed Northside Historic District obstructs use of
energy conservation technology, the specifics of which:
A. Have been presented at length to the Council, and
B. Conflict with and block Federal Stimulus Funding.
3. These funds are intended to reduce energy waste in old homes.
Such homes predominate the Northside.
4. Iowa City's share of these funds is about $30 million.
This approximates our total 2008 property tax revenue.
5. The official supervising the allocation of these funds, Ms
Monica Stone, Iowa Office of Energy Independence, asserts:
When local regulations restrict energy conservation (such
as those within the proposed Northside Historic District)
they are at cross-purposes with Stimulus Funds. It is
then obviously illogical to allocate Stimulus Funds.
6. Ms Stone's attached email of June 1, to me, warns:
"... it is very likely that we will require communities
to enforce their energy conservation codes as a condition
of receiving funding."
7. Do not create conditions which prevent Iowa City from
receiving this enormous amount of money. That would greatly
damage Iowa City. Do not pass the Northside Historic District.
~.~ ::
i
John Bakas "' '~
Owner - occupant: 514 North Gilbert Street "~'~`~'~ ?'
Iowa City IA 52245-2132 a'''
319-338-0938, telljb@hotmail.com ~'~~
Attached: 6/1/09 email: Monica Stone to John Bakas ~"' '``'
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Energy Funding Information
From: Stone, Monica (DNR] (Monica.Stone@dnr.iowa.gov)
Sent: Mon 6/01/09 3:35 PM
To: 'telljb@hotmail.com' (telljb@hotmail.com)
Dear Mr. Bakas:
In follow up to our conversation, I wanted to provide you with information about federal stimulus funding and
how communities may access that funding.
Iowa City will receive Energy Efficiency and Conservation Block Grant funding directly from the Department of
Energy for energy efficiency programs or projects in the community. Other federal stimulus funds for energy
efficiency will be available through a competitive process from the Office of Energy Independence. While the
final rules and processes have not been developed for the federal funding from our office, it is very likely that
we will require communities to enforce their local energy conservation codes as a condition of receiving
funding.
If our office can provide any information or assistance to Iowa City regarding residential energy efficiency,
please do let me know.
Monica Stone, Energy Program SupervisoR ~ office of Energy Independence
OFFICE PHONE: (515) 242-6011 ~ CELL PHONE: (515) 229-4217
1 of 1 6/1/2009 10:51 AM
Page 1 of 1
~~b
Marian Karr
From: sandreskin@aol.com
Sent: Monday, June 01, 2009 2:23 PM
To: Council
Subject: Vote YES on Historic Preservation
Dear City Council Members. I want to thank you for voting yes for the
Northside Historic District. While several of the area property owners have
objected, the Northside belongs to the whole Iowa City community, to those
of us that live elsewhere but see this area as holding the 19th and 20th
Century history and charm of Iowa City. Thank you for your support. Best,
Sandra Eskin (resident of the Woodlawn Historic District)
A Good Credit Score is 700 or Above. See.__Xours_in~ust 2 easy steams!
6/1/2009
Page 1 of 1
~~
Marian Karr
From: Baldridge, Thomas H [thomas-baldridge@uiowa.edu]
Sent: Monday, June 01, 2009 4:20 PM
To: Council
Subject: Northside Historic District
This correspondence will become a public record.
Dear Council Members: I very much appreciate your actions in passing the first two readings of the
designation of the Northside Historic District. I'm sure this has not been an easy decision, especially in
the light of the opposition. As a member of the city's Historic Preservation Commission, I recognize
that we have a responsibility to demonstrate to our fellow citizens that there are advantages to this
designation. I plan to work with fellow board members of the Friends of Historic Preservation to gather
information regarding the restoration of the 900 block of Iowa Avenue and other areas after the 2006
tornado which will show the material advantage to property owners of having this designation in the
event of such a mishap.
Tom Baldridge
6/1/2009
.'"'. /
__ :~
STAFF REPORT
To: Planning & Zoning Commission
Item: SUB09-00001
Scott-Six Industrial Park, 2"~ Addition
GENERAL INFORMATION:
Applicant:
Contact Person:
Phone:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Comprehensive Plan:
File Date:
45 Day Limitation Period:
60 Day Limitation Period:
BACKGROUND INFORMATION:
Prepared by: Doug Ongie, Planning Intern
Date: May 7, 2009
A.F. Streb
P.O. Box 3327
Iowa City, IA 52244
MMS Consultants, Inc.
1927 S. Gilbert Street
Iowa City, IA 52240
319-351-8282
Preliminary and final plat approval
Establish atwo-lot industrial subdivision
28021ndependence Road
3.06 acres
Developed and undeveloped industrial - I-1
North: General Industrial (I-1)
South: General Industrial and County Agricultural
(I-1 and A)
East: County Agricultural
West: General Industrial (I-1)
Industrial
May 7 (complete application with legal papers)
June 20, 2009
July 5, 2009
Scott-Six Industrial Park, a 42-lot subdivision, was platted in 1997. In 2001, the applicant split Lot
36 of Scott-Six Industrial Park into two parcels. Auditor's Parcel 2001-068 came from the
southern part of Lot 36. It measures approximately 150 x 505 feet and contains approximately 1.7
acres. The remainder of Lot 36 is approximately 265 x 505 feet and contains approximately 3
acres. To create a third lot, the applicant, A.F. Streb, is requesting approval of a preliminary and
final plat to resubdivide Scott-Six Industrial Park, 2"~ Addition located at 2802 Independence
2
Road. The proposed subdivision will create two lots. Lot 2 will contain approximately one acre
and is currently undeveloped. Lot 1 has an existing warehousing structure and will contain 2.06
acres.
ANALYSIS:
Comprehensive Plan
The Comprehensive Plan identifies properties along Independence Road as appropriate for
industrial use. Although the subdivision will not affect the zoning of the properties, dividing up the
existing parcel would allow for small-scale industrial uses, such as warehousing structures. The
undeveloped area of proposed Lot 2 would allow for a structure at a similar scale to what already
exists on the property.
Access
The proposed subdivision will only allow Lot 1 to have a frontage on Independence Road. Access
to Lot 2 will be provided by a 55-foot access easement from Independence Road and across Lot
1. In order for emergency vehicles to locate Lot 2, an address sign must be placed adjacent to
the right-of-way along Independence Drive.
Storm water management
Storm water run-off will be contained in three existing storm water management facilities. There
is an existing 35-foot drainage easement along the north lot line and two storm water detention
facilities on Lot 1. Storm water calculations must be submitted to the City Engineer to verify that
storm water management is adequate.
STAFF RECOMMENDATION:
Upon resolution of all deficiencies and discrepancies, staff recommends that SUB09-00001, a
preliminary and final plat on the east side of Independence Road be approved, subject to staff
approval of legal papers and construction drawings prior to City Council consideration.
DEFICIENCIES AND DISCREPANCIES:
1. Storm water calculations must be submitted to the City Engineer to verify that storm water
management is adequate.
2. The preliminary plat and final plat should show a 15-foot water main easement across Lot 2
for the water main extension to the east side of the development.
ATTACHMENTS:
1. Location Map
2. Preliminary Plat
3. Final Plat
Approved by: / 'CO'~~//~'~i~Li
Robert Miklo, Senior Planner,
Department of Planning and Community Development
S:\PCD\Staff Reports \SUB09-00001\SU609-00001.doc
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Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO. 09-4~4i
AN ORDINANCE AMENDING TITLE 14, ZONING, ESTABLISHING DEFINITIONS AND A
USE CLASSIFICATION PROCEDURE FOR DRINKING ESTABLISHMENTS AND ALCOHOL
SALES-ORIENTED RETAIL USES AND ESTABLISHING MINIMUM SPACING
REQUIREMENTS FOR DRINKING ESTABLISHMENTS THROUGHOUT THE CITY AND FOR
ALCOHOL-SALES ORIENTED RETAIL USES IN THE CENTRAL BUSINESS SERVICE (CB-
2), CENTRAL BUSINESS SUPPORT (CB-5), AND CENTRAL BUSINESS (CB-10) ZONES.
WHEREAS, studies show that the increase in the concentration of alcohol-related uses is
correlated to the overconsumption of alcohol and prevalence of underage drinking; and
WHEREAS, studies also show that an increase in the concentration of alcohol-related uses
contributes to an increase in violence and crime; and
WHEREAS, due to the negative externalities associated with a concentration of drinking
establishments such as bars and pubs, it is in the public interest to prevent further
concentration of these types of uses throughout the community; and
WHEREAS, the Central Business District is intended to be the high density, pedestrian-
oriented shopping, office, service and entertainment area in Iowa City and provide opportunities
for a wide range of retail service, office and residential uses; and
WHEREAS, in addition to the increased density of drinking establishments in the Central
Business District, the increased density of alcohol-related retail uses, such as liquor stores, has
reduced the diversity of businesses in this downtown district; and
WHEREAS, due to the negative externalities associated with a concentration of alcohol-
related retail establishments in the central business zones that sell alcoholic beverages for off-
site consumption, it is in the public interest to prevent further concentration of these types of
uses.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as
follows:
A. Amending Table 2A-1, Principal Uses Allowed in Single Family Residential Zones, by
adding the following note to Religious/Private Group Assembly Uses: Any establishment
that is licensed by the State to sell alcohol or alcoholic beverages is subject to the Use
Classification process as set forth in 14-4A-2G.
B. Amending Table 26-1, Principal Uses Allowed in Multi-Family Residential Zones, by
adding Alcohol Sales-Oriented as a subgroup to the Retail Use category and adding the
following note to Religious/Private Group Assembly Uses: Any establishment that is
licensed by the State to sell alcohol or alcoholic beverages is subject to the Use
Classification process as set forth in 14-4A-2G.
C. Amending Table 2C-1, Principal Uses Allowed in Commercial Zones, by:
^ Splitting the Eating and Drinking Establishments use category into two subgroups,
Eating Establishments and Drinking Establishments; and
^ Indicating that Eating Establishments are a permitted use in the CH-1, CC-2, CB-2,
CB-5, and CB-10 Zones, and provisional/special exception uses in the CN-1 Zone, and
Special Exceptions in the CO-1 and MU Zones; and
Ordinance No. 09-4341
Page 2
^ Indicating that Drinking Establishments are provisional uses in the CH-1, CC-2, CB-2,
CB-5, and CB-10 Zones and provisional/special exception uses in the CN-1 Zone; and
^ Adding a new subgroup, Alcohol Sales-Oriented Retail, to the Retail use category and
indicating that Alcohol Sales-Oriented Retail uses are provisional uses in the CN-1,
CH-1, CI-1, CB-2, CB-5, CB-10, and MU Zones and a permitted use in the CC-2 Zone;
and
^ Adding the following note to Commercial Recreational Uses, Eating and Drinking
Establishments, Quick Vehicle Servicing Uses, Retail Uses, and Religious/Private
Group Assembly Uses: Any establishment that is licensed by the State to sell alcohol
or alcoholic beverages is subject to the Use Classification process as set forth in 14-
4A-2G.
D. Amending Table 2D-1, Principal Uses Allowed in Industrial and Research Zones, by
adding Alcohol Sales-Oriented as a Subgroup to the Retail Use Category and by adding
the following note to Commercial Recreational Uses: Any establishment that is licensed by
the State to sell alcohol or alcoholic beverages is subject to the Use Classification process
as set forth in 14-4A-2G.
E. Amending Section 14-4A-2, Classifying Uses, by adding a new subsection G as follows:
G. Use classification for establishments that sell alcohol
1. Applicability: Any use for which an application has been filed for a liquor control
license or wine or beer permit is subject to the following use classification process.
2. Definitions: The following definitions shall apply to terms used in this subsection.
a. Alcohol Sales -the sale of alcohol and alcoholic beverages, including but not
limited to alcohol, beer or wine in closed containers intended for off-site
consumption; and alcoholic beverages, including cocktails, shots, wine, beer,
and any part of an alcoholic beverage intended for on-site consumption, as
defined in Chapter 123 of the State Code.
b. Licensee -Any person or entity that holds a liquor control license, wine or
beer permit issued by the State of Iowa.
c. License -Any liquor control license, wine or beer permit issued by the State
of Iowa that allows sales of alcohol or alcoholic beverages.
3. Classification Process
a. Prior to issuance of a License for a new use or renewal of a License for a use
that was established prior to (the effective date of this ordinance), but which
has not yet been classified according to these provisions, the Licensee must
submit to the Department of Housing and Inspection Services a verified
statement that details the nature of the principal use for which the License
will be issued, the type of license(s) applied for, and the hours that the
establishment will be open for business. The City may request any other
information deemed necessary to verify and classify the use, including but
not limited to business records upon which the statement is based, state and
federal tax records, applications for dram shop insurance and audits
performed to determine dram shop insurance premiums, and receipts from
vendors for goods purchased.
b. Based on the information provided by the applicant, the type of License being
applied for, and the classification system set forth in this Article, the City will
advise the applicant regarding the classification of the proposed use for
zoning purposes, and, if applicable, whether the alcohol sales will be
Ordinance No. 09-4341
Page 3
considered a principal or accessory use of the property.
c. If through this use classification process, a use that was legally established
prior to (the effective date of this ordinance) is determined to be
nonconforming with regard to the separation requirements for Drinking
Establishments or Alcohol Sales-Oriented Retail Uses, the property file will
be tagged by the Building Official or designee as a nonconforming Drinking
Establishment or nonconforming Alcohol Sales-Oriented Retail Use, as
applicable. Such a nonconforming use may continue provided it is in
compliance with the applicable provisions of 14-4E, Nonconforming
Situations.
4. Accessory Alcohol Sales Certification
Any use that is classified as an Alcohol Sales-Oriented Retail Use is considered a
principal use and subject to the regulations pertaining thereto, unless it is
determined that alcohol sales are an accessory use to another principal use of the
property through the following certification process. Any Licensee applying for an
Accessory Alcohol Sales Certificate must submit verified statements and business
records as set forth in the following subparagraphs.
a. For existing uses, if according to a verified statement issued by a certified
public accountant, alcohol sales expressed as a percentage of gross yearly
income is less than 25 percent (25%), an Accessory Alcohol Sales Certificate
will be issued for one year, after which time it must be renewed annually at
the time the License is renewed. Said statement shall be based on records
made in the regular course of the Licensee's business. The Licensee shall
allow, upon request, the Building Official, City Clerk or designee to examine
the business records upon which the statement is based, including state and
federal tax records, applications for dram shop insurance and audits
performed to determine dram shop insurance premiums, and receipts from
vendors for goods purchased.
b. For new uses, if the Licensee estimates, based on their submitted business
plan, that alcohol sales expressed as a percentage of gross yearly income
will be less than 25 percent (25%), an Accessory Alcohol Sales Certificate
will be issued for one year. The certificate must be renewed annually
thereafter at the time the License is renewed based on actual sales
according to a verified statement from a certified public accountant as
described in subparagraph 4a., above.
c. If, at the time of renewal of the certificate, alcohol sales constitute 25 percent
(25%) or more of gross yearly income and the use is not in compliance with
zoning requirements for Alcohol Sales-Oriented Uses, a notice of violation
will be issued. If the use is in violation of the zoning requirements for Alcohol
Sales-Oriented Uses, the Licensee must reduce alcohol sales to below 25%
of gross yearly income or otherwise bring the use into compliance with the
applicable regulations.
F. By amending subsection 14-4A-4E, Eating and Drinking Establishments by deleting
paragraphs 1 and 2 and substituting in lieu thereof the paragraphs 1 and 2 below, and
adding the exception stated below to paragraph 4 as follows:
1. Characteristics
Establishments where the principal activity is the preparation, dispensing and
consumption of food and/or beverages. Depending on the type of establishment, food
Ordinance No. 09-4341
Page 4
and/or beverages may be consumed on or off of the premises. These uses may vary
with regard to traffic generation, congestion, and the potential for off-site impacts.
Therefore, the size, location, and accessory uses permitted may be regulated
differently based on the underlying zoning.
2. Examples: Examples include uses from the two subgroups listed below:
a. Eating Establishments: Restaurants; cafes; cafeterias; coffee shops;
delicatessens, tearooms; dining rooms; supper clubs; fast food restaurants; ice
cream parlors.
b. Drinking Establishments: Any use that meets all of the defining characteristics
listed in sub-subparagraphs (1), (2), and (3), below, is considered a Drinking
Establishment for purposes of this Title, unless listed as an exception in
paragraph 4, below.
(1) The principal activity of the establishment is the preparation, dispensing
and consumption of food and/or beverages; and
(2) The establishment is licensed by the State for the sale of alcoholic
beverages for on-site consumption, as defined by Iowa Code Chapter 123;
and
(3) The establishment is open for business on a regular basis any time
between the hours of 12:00 AM and 2:00 AM.
4. Exceptions
b. Restaurants and/or bars that are associated with aHospitality-Oriented Retail Use
and that have been issued a Class B liquor control license are considered
accessory to the subject Hospitality-Oriented Retail Use and are not considered
Eating or Drinking Establishments orAlcohol-Oriented Retail Uses.
G. Amending 14-4A-4H, Retail Uses, by adding the following example to paragraph 2; by
deleting paragraph 3 in its entirety and substituting in lieu thereof the paragraph 3
below; deleting paragraph 4e in its entirety and substituting in lieu thereof the paragraph
4e below, and adding paragraphs 4f and 4g and renumbering the subsequent
paragraphs accordingly as follows:
2. Examples: Examples include uses from the subgroups listed below:
f. Alcohol Sales-Oriented: liquor stores; wine shops; grocery stores; convenience
stores; and other retail establishments for which a Class E liquor control license or
wine or beer permit has been issued that allows sale of alcohol or alcoholic
beverages in closed containers for off-premise consumption.
3. Accessory Uses
Offices; storage of goods; assembly, repackaging, or processing of goods for on-site
sale; off-street parking, services incidental to the sale of goods; wholesale sales.
Drive-through facilities are accessory uses that are subject to additional regulations
outlined in Article 14-4C, Accessory Uses and Buildings. Crematoriums, for either
human or pet remains, may be an accessory use to a funeral home or mortuary.
4. Exceptions
e. Restaurants and/or bars that are associated with aHospitality-Oriented Retail Use
and that have been issued a Class B liquor control license are considered
accessory to the subject Hospitality-Oriented Retail Use and are not considered
Drinking Establishments orAlcohol-Oriented Retail Uses.
f. Drinking Establishments are not considered Alcohol Sales-Oriented Uses, even if
they have a liquor control license or wine or beer permit that allows sale of alcohol,
Ordinance No. 09-4341
Page 5
wine, or beer in closed containers for off-premise consumption.
g. A use is not considered an Alcohol Sales-Oriented Use if an Accessory Alcohol
Sales Certificate has been granted according to the process set forth in 14-4A-2G,
Use classification for establishments that sell alcohol.
H. Deleting subparagraph 14-4A-4F(4)(b), and substituting in lieu thereof the following:
b. A convenience store located on the same lot as a Quick Vehicle Servicing use is
regulated as a separate principal use, Sales-Oriented Retail or Alcohol Sales-Oriented
Retail, whichever is applicable.
I. Amending paragraph 14-4B-46(9) to add the following subsections:
d. Drinking Establishments are not allowed in the MU and CO-1 Zones.
e. In the CN-1 Zone, a Drinking Establishment, as defined in this Title, must be
separated by a minimum distance of 500 feet from any other Drinking Establishment.
Distance shall be measured along a straight line from the nearest property line (or
nearest point of the leased building space) of the proposed use to the nearest property
line (or nearest point of the leased building space) of any other Drinking Establishment.
For example, in the case of a Drinking Establishment that is located on a lot with
multiple leased spaces, such as a shopping mall, the distance is measured from the
nearest point of the leased building space occupied by a Drinking Establishment to the
nearest property line or leased building space of any other Drinking Establishment.
J. Amending paragraph 14-4B-46 by adding a new paragraph 10 as follows, and
renumbering the remaining paragraphs accordingly:
10. Drinking Establishments in the CH-1, CC-2, CB-2, CB-5, CB-10 Zones
A Drinking Establishment, as defined in this Title, must be separated by a minimum
distance of 500 feet from any other Drinking Establishment. Distance shall be
measured along a straight line from the nearest property line (or nearest point of the
leased building space) of the proposed use to the nearest property line (or nearest
point of the leased building space) of any other Drinking Establishment. For
example, in the case of a Drinking Establishment that is located on a lot with multiple
leased building spaces, such as a shopping mall, the distance is measured from the
nearest point of the leased building space occupied by a Drinking Establishment to
the nearest property line or leased building space of any other Drinking
Establishment.
K. Deleting the titles for paragraphs 14-46-46(13) and 14-4B-46(14), and substituting in
lieu thereof:
13. Sales-Oriented, Personal Service-Oriented, and Alcohol Sales-Oriented Retail
Uses in the CN-1 Zone
14. Sales-Oriented, Personal Service-Oriented, and Alcohol Sales-Oriented Retail
Uses in the MU Zone
L. Deleting paragraph 14-46-46(15) and substituting in lieu thereof:
15. Sales-Oriented, and Alcohol Sales-Oriented Retail in the CH-1 Zone
Sales-Oriented and Alcohol Sales-Oriented Retail Uses are limited to convenience
stores associated with Quick Vehicle Servicing Uses.
M. Deleting paragraph 14-4B-46(17) and substituting in lieu thereof:
17. Hospitality-Oriented Retail in the RM-44, PRM, MU, CO-1, and CN-1 Zones
a. Hospitality-Oriented Retail is limited to guesthouses as defined in Article 14-9A of
this Title, General Definitions.
b. Any accessory dining and/or bar service is limited to guests only and may not be
Ordinance No. 09-4'i41
Page 6
open to the general public.
N. Amending 14-4B-4B by adding two new paragraphs, as follows, and renumbering the
remaining paragraph accordingly:
21. Alcohol Sales-Oriented Retail in the CI-1 Zone
Alcohol Sales-Oriented Retail is limited to convenience stores associated with Quick
Vehicle Servicing Uses.
22. Alcohol Sales-Oriented Retail Uses in the CB-2, CB-5, and CB-10 Zones
An Alcohol Sales-Oriented Retail Use must be separated by a minimum distance of
1000 feet from any other Alcohol Sales-Oriented Retail Use. Distance shall be
measured along a straight line from the nearest property line (or nearest point of the
leased building space) of the proposed use to the nearest property line (or nearest
point of the leased building space) of any other Alcohol Sales-Oriented Retail Use.
For example, in the case of an Alcohol Sales-Oriented Retail Use that is located on
a lot with multiple leased spaces, such as a shopping mall, the distance is measured
from the nearest point of the leased building space occupied by an Alcohol Sales-
Oriented Retail Use to the nearest property line or leased building space of any
other Alcohol Sales-Oriented Retail Use.
O. In Section 14-4E-5, adding a new subsection G, as follows:
G. Nonconforming Drinking Establishments and Alcohol Sales-Oriented Retail
Uses
In addition to the other provisions in this Section, the following provisions apply to
nonconforming Drinking Establishments and nonconforming Alcohol Sales-Oriented
Retail Uses.
1. Any Drinking Establishment, as defined in this Title, that was legally established
prior to (effective date of this ordinance) and that is nonconforming with regard to the
separation requirement between said uses, as specified in this Title, may continue
unless one or both of the following situations occur. If one or both of these
conditions occur, then nonconforming rights cease and the use must convert to a
conforming use:
a. The liquor license lapses, is revoked or is discontinued for a period of one
year; or
b. There are changes to the use such that the use no longer meets the definition
of Drinking Establishment.
2. Any Alcohol Sales-Oriented Retail Use, as defined in this Title, that was legally
established prior to the (effective date of this ordinance) that is nonconforming with
regard to the separation requirement between said uses, as specified in this Title,
may continue unless one or both of the following situations occur. If one or both of
these conditions occur, then nonconforming rights cease and the use must convert
to a conforming use.
a. The liquor license lapses, is revoked or is discontinued for a period of one
year; or
b. There are changes to the use such that the use no longer meets the definition
of Alcohol Sales-Oriented Retail Use.
3. For purposes of this subsection, sidewalk cafes shall not be considered an
expansion of a nonconforming use.
P. In Article 14-9A, General Definitions, adding the following definitions:
Ordinance No. 09-4341
Page 7
Alcohol Sales-Oriented Retail Use: See "Retail Uses" as defined in Article 14-4A,
Land Use Classification.
Drinking Establishment: See "Eating and Drinking Establishments" as defined in
Article 14-4A, Land Use Classification.
Q. In Article 14-9A, General Definitions, delete the definitions for "Eating and Drinking
Establishment" and "Restaurant," and substitute, respectively, in lieu thereof:
Eating Establishment: See "Eating and Drinking Establishments" as defined in Article
14-4A, Land Use Classification.
Restaurant: An Eating Establishment as defined in Article 14-4A, Land Use
Classification.
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 in effect after its final passage,
approval and publication.
Pd and approved this 2nd day of June , 20,x_.
v
ATTEST: ~
CITY ERK
Approved by
y~
City Attorney's Office ~~ :~ 7/~
Ordinance No. 09-4341
Page 8
It was moved by Wight and seconded by Correia that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X
x
x
X
x
x
X
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
First Consideration 5/5/2009
Vote for passage: AYES: Champion, Correia, Wilburn, Wright, Bailey. NAYS: O'Donnell,
Hayek. ABSENT: None.
Second Consideration 5 / 19 / 2009
Vote for passage: AYES: Bailey, Champion, .Correia, Wilburn, Wright. NAYS: Hayek,
O'Donnell. ABSENT: None.
Date published June 10, 2009
R
Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE
OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES, SECTION 8, PARKING
VIOLATIONS, TO AMEND PARKING FEES, RATES, AND FINES.
WHEREAS, Iowa City Code section 3-4-8: Parking Violations: sets the Amount of Fee, Charge, Bond,
Fine and Penalty for various Parking matters; and
WHEREAS, the City wishes to align monthly permit parking rates with those charged by the
University of Iowa for parking ramps; and
WHEREAS,; the City wishes to work to reduce downtown congestion by increasing meter rates and
citation fine amounts, including escalation for habitual offenders; and
WHEREAS, it is in the best interest of the City to adopt this amendment
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL O THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, CHEDULE OF FEES, RATES,
CHARGES, BONDS, FINES, AND PENALTIES, SECTION 8, P KING VIOLATIONS: is hereby
amende~~deleting it in its entirety and replacing it as follows:
3-4-8: PARKING V~~TIONS:
Description of Fee, Charg ine or Penalty
Parking Ramp fees: _
Hourly parker (Tower Place, Capital St t, and ____
Dubuque Street parking ramps), per hour
Hourly parker (Chauncey Swan), per hour
Hourly parker (Court Street Transportation Cente , p~~
hour __ _
Monthly all day permits with advance payme (Tower
Place, Capital Street, Dubuque Street, Cha cey
Swan, and Court Street parking ramps), p month
Annual all day permits with advance pay ent (Tower
Place, Capital Street, Dubuque Street, hauncey
Swan, and Court Street parking ramp ), per year
of Fee, Charge, Fine or
4
r
f
~____ _.
Reissue of parking ramp monthly p rmit exit card, each
reissue _ _
Reissue of all other permits, ea reissue
City employee monthly all da permits in parking ramps
or surface lots, per month
Surface lot fees: ~ ~ _____ _____
Monthly all day permits er month ~~
Monthly all day perm (annual advance payment), per
year __ _
Monthly off hours permits (after 5:00 P.M., Monday
through Friday,,~all day Saturday and Sunday), per
month -all city surface lots
Parking meter fees: (except as otherwise marked) _
Central business district on street meter, per hour ~~~~~~~~~
$0.75
---~~ 0.60
0.60
80.00
2.00
25.00
____ 25.00
Half price
60.00
684.00
4.00
5
f.
Central business district lot meter, per hour ! 1.00
_~.,m~7,~~'C~' .,~Sst~-"TES' .'S4 .~: .5]~'18~9LiT7.. ..7 s5 ~Sfyc.. .. .. ... .. _.., - i5ai.'; ..
.~ i ~\,.d, ~~ s .~ ~~ ~ ~. .~ V.
Peripheral on street meter (outside central business
district), per hour
100 block of North Clinton Street, per hour
200 - 500 block of North Clinton Street, per hour "__~_.
100 - 300 block of East Jefferson Street, per hour
100 block of East Market Street, per hour ____ _~.___
100 block of North Linn Street, per hour m ~ ~~ _
400 block of Iowa Avenue, per hour
Peripheral lot meter (outside central business district),
per hour __ _
Fee for contractor reservation of space, per day
Fines for parking violations: ~ ~~
Overtime park~l - -__________ __
Commercialloadin one
Expired meter
Each year is separated into periods: January 1St
through June 30th, and July 1St t ough December 31St
Prohibited zone
Illegal parking -handicapped parking space
1 hour restricted zone, city hall lot
10.00
_.
10.00
Library patron only parking
Library outside book drop off only
Parkins in oassenaer loading zone
All other illeoal parking violations
Increases: 30 days after issue, parking violations, if
not already paid or appealed, s all increase in amount
by $5.00 ,t
0.50
1.00 .
0.75 ~~~
_~_ _ i
1.00
1.00
_!
1.00
0.75___..._
0.50
12.00
__._ _
10.00
25.00
1"citation each period: tree
2"d citation each period: 5.00
3`d citation each period 10.00
4tn citation each period 10.00
Stn citation each period:15.00
6tn citation each period:15.00
7tn citation each period:20.00
Stn citation each period:20.00
9tn+ citation each period:25.00
____ 15.00
100.00, or as specified in Iowa
Code Section 805.8A(1)(c), as
ended
10.00 first o rise
i 20.00 second a subsequent
offense
15.00
Original ticket amount + $5.00
SECTION II. REPEALER All ordinances and parts of ordinances in conflict with the provision of
this Ordinance are hereby repealed.
SECTION III. SEVE6t~ABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutio al, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or~rt thereof not adjudged invalid or unconstitutional.
This Ordinance shall be effective on July 1, 2009.
Passed and approved this day of , 2009.
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office
Page 1 of 1
~~ ~>
Marian Karr
From: Darla Boudjenah [dtaiowacity@gmail.com]
Sent: Tuesday, June 02, 2009 11:23 AM
To: Council
Subject: Inreased Parking Fees
Letter to Members of the Iowa City Council,
The Downtown Association is very concerned about our retail downtown during these economic times,
and with the new 1 % sales tax. We feel council needs always to be cognizant of the business climate
and how that climate maybe impacted by council decisions. It is necessary that council remain
supportive of the retail environment and its challenges.
We would like to see the raise in parking fees deferred for a year or two. This is not the time for people
to be further agitated, and believe me they are, by yet another increase. As Iowa City retailers struggle
with the 1% tax over retailers in Coralville, the added perception and anger about parking in downtown
could put many customers out of reach. Please consider this as you make your decisions on cuts and
increases. Our businesses have enough challenges today.
Thanks you for your consideration.
Leah Cohen, President
Downtown Association of Iowa City
325 E. Washington St.
Iowa City IA 52240
This correspondence will become a public record.
Page 1 of 1
Marian Karr
From: RhysBJones@aol.com [mailto:RhysBJones@aol.com]
Sent: Sunday, May 31, 2009 7:28 PM
To: Regenia Bailey; Council; bennettic@mchsi.com; billnusser@questoffice.net; Chris-obrien@iowa-city.gov;
Wendy Ford; kubby@pobox.com
Subject: Parking Rates and the Downtown
Thank you for the opportunity to review the prior communications and the proposed parking violation and other
fee increases.
I would like to add my input into the matter. In this season of troubled economic times I feel it is a heavy
burden to increase parking fines by essentially 100% and commercial citations by 250%. Where does this
come from other than a revenue raising surge on the back of downtown users and businesses?
After 15 years in business on Washington St. I have come to conclude that congestion in the downtown is not a
problem. Congestion in the downtown is good. I can usually find a parking place close to Domby on a couple
of circles of the block. The ramps are never full. Busy streets create interest. The bustle of a lively downtown
reflect an atmosphere of vitality and liveliness. This was most recently demonstrated on Dubuque street where
customer parking was removed. It became deserted. Or maybe you remember several years ago when
"congestion" was removed in the Chicago downtown area of State Street with access only to bus traffic. It
became deserted and a prime target for petty crime. They quickly reversed the decision. With Dubuque St. the
City boasted in the Press Citizen about how much revenue they gained with the new tickets issued to confused
drivers. Dubuque St. is now worse than the taxi cab space idea. Another letter in the Press Citizen recently
described a mass ticket writing to people using the farmers market. We do not need to discourage
downtown users in any way.
At Domby we plug meters for customers, we pay tickets for customers, I have a parking ramp pass, and last
month I paid $40 in fines for commercial loading zone tickets. I often times park short term and get caught
longer at the store. So these tickets are $100 now? Why? What is the problem? Parking is not a problem.
The aggressive ticket enforcement of Iowa City is the problem.
Regenia Bailey asks if these are items of concern to us. Yes, they are very important and they are not
perception issues. They are often vital. Ideal with these most everyday as a business person. Where is the
problem of people driving around trying to find parking? If one cannot find a meter, a ramp is close by. In
these recessionary times how can any increases be justified?
Thank you,
Valerie Chittick
Owner, Domby
337-2530
An Excellent Credit Score is 750. See Yours in Just 2 Easy Steps!
6/3/2009
C,
Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE N0.
ORDINANCE AMENDING TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE
OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES, SECTION 8, PARKING
VIOLATIONS, TO AMEND PARKING FEES, RATES, AND FINES.
WHEREAS, Iowa City Code section 3-4-8: Parking Violations: sets the Amount of Fee, Charge, Bond,
Fine and Penalty for various Parking matters; and
WHEREAS, the City wishes to align monthly permit parking rates with those charged by the
University of Iowa for parking ramps; and
WHEREAS,; the City wishes to work to reduce downtown congestion by increasing meter rates and
citation fine amounts, including escalation for habitual offenders; and
WHEREAS, it is in the best interest of the City to adopt this amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES,
CHARGES, BONDS, FINES, AND PENALTIES, SECTION 8, PARKING VIOLATIONS: is hereby
amended by deleting it in its entirety and replacing it as follows:
3-4-8: PARKING VIOLATIONS:
Amount of Fee, Charge, Fine or
Description of Fee, Charge, Fine or Penalty Penalty
Parking Ramp fees:
.Hourly parker (Tower Place, Capital Street, and $0.75
Dubu ue Street parking ramps), per hour
q
Hourly parker (Chauncey Swan), per hour 0.60
Hourly parker (Court Street Transportation Center), per ~ 0.60
hour
Monthly all day permits with advance payment (Tower 80.00
Place, Capital Street, and Dubuque Street parking
ramps), per month
Annual all day permits with advance payment (Tower 912.00
Place, Capital Street, and Dubuque Street parking
ramps), per year
~
Monthly all day permits with advance payment July 1, 2009 -June 30, 2010 70.00
(Chauncey Swan and Court Street Transportation July 1, 2010 - 80.00
.Center parking ramps), per month
Annual all day permits with advance payment July 1, 2009 -June 30, 2010 798.00
{Chauncey Swan and Court Street Transportation July 1, 2010 - 912.00
Center parking ramps), per year _
.Reissue of parking ramp monthly permit exit card, each ~ 25.00
reissue _____ ~
_ _ _
25.00
:Reissue of all other permits, each reissue `
~~
Half price
City employee monthly all day permits in parking ramps ~
or surface lots, per month ~ _~ _ _ _
Surface lot fees: _
~
_ _ _
~~
_
_
60.00
Monthly all day permits, per month ~ ~ ~~ ~~
Monthly all day permits (annual advance payment), per ( 684.00
year i _
Monthly off hours permits (after 5:00 P.M., Monday ~ 54.00
~
through Friday, all day Saturday and Sunday), per
month -all city surface lots
f v____
-
_
Parking meter fees: (except as otherwise marked) ~
~
0.75
Central business district on street meter, per hour ~
Central business district lot meter, per hour ~ ~ 0.75
Peripheral on street meter (outside central business 0.50
~~
~
district), per hour _
100 block of North Clinton Street, per hour ~ 0.75
- ~
~
0.75
~
200 - 500 block of North Clinton Street, per hour ~
100 - 300 block of East Jefferson Street, per hour ~ 0.75
100 block of East Market Street, per hour 0.75
.'100 block of North Linn Street, per hour 0.75
~
0.75
400 block of Iowa Avenue, per hour ~
Peripheral lot meter (outside central business district), 0.50
per hour
_
=Fee for contractor reservation of space, per day ~ 12.00
~~ ~ ~.
Fines for parking violations:
~
10.00
.Overtime parking v ~J ~
--_-
25.00
Commercial loading zone I
Expired meter ~~ ~~ ~ 1St c~ta tion each period: warning
2 citation each period: 5.00
Each year is separated into two periods: January 1St 3`d citation each period 10.00
through June 30~', and July 1~ through December 31~. 4th citation each period 10.00
5~' citation each period:15.00
6th citation each period:15.00
7th citation each period:20.00
8`h citation each period:20.00
9"'+ citation each period:25.00
'Prohibited zone 15.00
"Illegal parking -handicapped parking space 100.00, or as specified in Iowa
Code Section 805.8A(1)(c), as
amended
1 hour restricted zone, city hall lot 10.00
'Library patron only parking _.__ _.__ i ~ 10.00
.Library outside book drop off only ~ ~ 10.00 first offense
20.00 second and subsequent
joffense
T
_~~
Parking in passenger loading zone
15.00
~
~
All other illegal parking violations ____ ~ ~~ ~ 15.00
~~
Increases: 30 days after issue, all parking violations, if Original ticket amount + $5.00
not already paid or appealed, shall increase in amount
by $5.00
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 on July 1, 2009.
Passed and approved this day of , 2009.
MAYOR
ATTEST:
CITY CLERK
Appr ed by
~/~~0 7
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
First Consideration 6/2/2009
VotefOrpaSSage:AYES: Hayek, O'Donnell, Wilburn, Wright, Bailey, Correia.
NAYS: Champion. ABSENT: None.
Second Consideration
Vote for passage:
Date published
06-02-09
8
Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE
ORDINANCE AMENDING TITLE 3, FINANCES TAXATION AND FEES, CHA TER 4, SCHEDULE
OF FEES, RATES, CHARGES, BON, FINES, AND PENALTIES, SE TION 8, PARKING
VIOLATIONS, TO AMEND PARKING F ES, RATES, AND FINES.
WHEREAS, Iowa City Code section -4-8: Parking Violations: sets the Amo t of Fee, Charge, Bond,
Fine and Penalty for various Parking ma ers; and
WHEREAS, the City wishes to ali n monthly permit parking rates th those charged by the
University of Iowa for parking ramps; and
WHEREAS,; the City wishes to work reduce downtown congestion y increasing meter rates and
citation fine amounts, including escalation r habitual offenders; and
WHEREAS, it is in the best interest of th City to adopt this amend ent.
NOW, THEREFORE, BE IT ORDAINE BY THE CITY COUN L OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
TITLE 3, FINANCES TAXATION AND ES, CHAPT 4, SCHEDULE OF FEES, RATES,
CHARGES, BONDS, FINES, AND PENALTI S, SECTIO 8, PARKING VIOLATIONS: is hereby
amended by deleting it in its entirety and replacin it as folio s:
3-4-8: PARKING VIOLATIONS:
__ _._
______ __ __ ___
Amount of Fee, Charge, me or
Description of Fee, Charge, Fine or Penalty ; Penalty
Parking Ramp fees: _ _~.~
~~ ~
_
Hourly parker (Tower Place, Capital Street and ~~ _
$0.75
'
Dubuque Street parking ramps), per hou
Hourly parker (Chauncey Swan), per h ur ~ ~ <
~ -~__--_ _-- -
___ _ _ _. -. __._w __ ___~. __ . _._ ,
Hourly parker (Court Street Transpo ation Center), p !
~ __~ __-.. _.___.~_
0.60
hour ~_ __ _
Monthly all day permits with adv ce payment (Tower ~-~ 80.00 ~~
Place, Capital Street, Dubuque treet, Chauncey
Swan, and Court Street parki g ramps), per month
~ _ _ ~_ _
____
Annual all day permits with dvance payment (Tower ~
912.00 :t
F
Place, Capital Street, Dub que Street, Chauncey ~ '
Swan, and Court Street arking ramps), per year ____ _ _ _ __
Reissue of parking ra monthly permit~exit card, each 25.00
reissue ___ N
_.~_ _.~
r_-_ __~ -..._
Reissue of all other ermits, each reissue
25.
_ _ ~~_~._
._ ~. ___ _ _.__. ..- .___._ _________ __._. _._~__ _-r._~ _
City employee m thly all day permits in parking ramps _ ._
' Half pace
or surface lots, r month ( ''
.7unavC wa ~c a.
..______-__
Monthly all d y permits, per month
._____._ _ 60 00
~ ~__ _.__T _
_ _ _ ___ _____.~~_ ._
Monthly all ay permits (annual advance payment), per 684.00
year
' _-- __ _. ~_ _
__ _ _ _ _ __. -_
Monthly ff hours permits (after 5:00 P.M., Monday ~~ 54.00
through riday, all day Saturday and Sunday), per
month all city surface lots [
__ .~_~___._ .~_.~.._____ ~
.~ .__ ._.
---_Y___
Parkirta meter fees: (except as otherwise marked)
Central business district on street meter, per hour j
1.0 t-
~_ _ ._..__ .____. _..-._.~ _ ___ p --_ _
Central business district lot meter, er hour
1.00
~
. ;: sci~.. ~ ~,:-n, ;rec.. n: o~~ ' _..._. _.'S. .. ;3:~: ~e ..ry„sa.~.,,~~.' sue: "
__ __
Peripheral on street meter (outside central business
district), per hour _ _
100 block of North Clinton Street, per hour ~~
200 - 500 block of North Clinton Street, per our
100 - 300 block of East Jefferson Street, pe hour ____
100 block of East Market Street, per hour
100 block of North Linn Street, per hour
400 block of Iowa Avenue, per hour
Peripheral lot meter (outside central business dis ict),
per hour __ _
Fee for contractor reservation of space, per day
Fines for parkins violations: ~~
Overtime parking ~ ~~
Commercial loading zone ~~ ~~~
10.00
25.00
Expired meter ~~ ~ ~. 15 citation each period: free
r 2"d citation each period: 5.00
Each year is separated into two periods: January 1St ~ 3~d citation each period 10.00
through June 30tH, and July 1St through December 31St. 4tH citation each period 10.00
tn ~
citation each period:15.00
S
6th citation each period:15.00
7tH citation each period:20.00
Stn citation each period:20.00
9tn+ citation each period:25.00
___
~
__
Prohibited zone ~~ ____ ~ ~
___._ ~ 15.00
Illegal parking -handicapped parking space 1 0.00, or as specified in Iowa
~ Co a Section 805.8A(1)(c), as
_
~
___
am nded
_._
_.__.~Y._
~~~-
1 hour restricted zone, city hall lot 10.00
I
'
Library patron only parking i ~ 10.00
Library outside book drop off o ~ ~ X10. 0 first offense
20. 0 second and subsequent
..
~ ~offens
~~-m
.....__~ ~._~..__.__...~....~_.
.
T
_ .___
Parking in passenger loa ng zone ~
._
15.00 . _._.
-~~~
All other illegal parking iolations 15.
j
Increases: 30 days er issue, all parking violations, if ~ ~ Ori final ticket amount + $5.00
not already paid or ppealed, shall increase in amount
by ~5 00 !
s ~
' s, 'u_'Ca'... ,4 :.St^.., GT6V~E't3 a-;; .. .. ... .iL, . r. ..;,. , ~ .. __ . ~ .~.. •.,.. _..~
SECTION II. PEALER. All ordinances and parts of ordinances in co lict with the provision of
this Ordinance ar hereby repealed.
SECTION I. SEVERABILITY. If any section, provision or part of the Ordina a shall be adjudged to be
invalid or unc nstitutional, such adjudication shall not affect the validity of the Or ~nance as a whole or any
section, pro sion or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective on July 1, 20
~~ 0.50
j ~~~ ~~~~ 1.00
'~ ~ ~~ 0.75
~~ ~, 1.00 r~
1.00 ______
___~~ __ ~ _ -j
1.00
0.75
0.50
12.00
Passed and approved this day of , 2009.
MAYOR
ATTEST:
CITY CLERK
Ap oved by
-~ a r~ q
City Attorney's Office
It was moved by
as read by adopted, and upon roll call thei
AYES: NAYS: ABSENT:
First Consideration
Vote for passage:
Second Consideration
Vote for passage:
Date published
that the Ordinance
~~ r ~
,~®,.~
Date: May 27, 2009
CITY OF IOWA CITY
MEMORANDUM
To: City Council
From: Sara Greenwoor~c~dl-lektoen, Assistant City Attorney
Re: Disorderly Conduct Code Amendment
Your June 2, 2009 Agenda contains a proposed amendment to 8-5-1 of the Iowa City Code of
Ordinances to add "fighting and violent behavior" to the description of the crime of disorderly
conduct, thereby making such behavior a simple misdemeanor under the local code. By
adopting this amendment, the City's ordinance will more closely mirror the state's regulation of
disorderly conduct.
Pursuant to both state and local codes, the crime of "Disorderly Conduct" is an "unscheduled"
simple misdemeanor, which means that it is punishable by a fine between $65-$625, to be
determined by the judge. The judge also has the discretion of sentencing the guilty party to 30
days in jail in lieu of or in addition to the fine.
cc: Interim City Manager
City Clerk
City Attorney
Prepared by: Sara F. Greenwood Hektoen, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-
356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 8, CHAPTER 5, SECTION 1, ENTITLED "DISORDERLY CONDUCT"
TO INCLUDE FIGHTING OR VIOLENT BEHAVIOR IN THE DESCRIPTION OF DISORDERLY
CONDUCT.
WHEREAS, Iowa City Ordinance 8-5-1 makes it a simple misdemeanor to engage in certain
disorderly conduct, yet does not include engaging in fighting or violent behavior in the description of such
conduct; and
WHEREAS, the City desires to add such fighting or violent behavior to the description of disorderly
conduct; and
WHEREAS, it is in the best interest of the Public to do so.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
1. Title 8, Chapter 5, Section 1, entitled "Disorderly Conduct" is hereby amended to add the
following paragraph to subsection A, which states "Any person who commits any of the following acts
shall be guilty of disorderly conduct" and renumbering the remaining paragraphs accordingly:
3. Engages in fighting or violent behavior in any public place or in or near any lawful
assembly of persons, provided, that participants in athletic contests may engage in such
conduct which is reasonably related to that sport.
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 in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of , 2009.
MAYOR
ATTEST:
CITY CLERK
Appr ved by
~~ ~>~
City Attorney's Office ~~~/v 9
Ordinance No.
Page
It was moved by and seconded by
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
First Consideration 6 / 2 / 2009
Vote for passage: AYES: Wilburn, Wright,
NAYS: None. ABSENT: None.
Second Consideration
that the Ordinance
Bailey, Champion, Correia, Hayek,0'Donnell.
Vote for passage:
Date published
10
Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 9, MOTOR VEHICLES AND TRAFFIC, CHAPTER 9, TOWING
AND IMPOUNDMENT PROCEDURES, SECTION 4, IMPOUNDMENT FOR ACCUMULATED
PARKING VIOLATIONS:, SUBSECTION A, DETERMINATION OF TOWING AND
IMPOUNDMENT: TO COUNT RAMP CHARGES AND VEHICLE UNLOCK FEES TOWARD THE
$50 "TOW THRESHOLD AMOUNT", AND TO ELIMINATE THE REFERENCE TO AT LEAST FIVE
(5) PARKING TICKETS; AND TITLE 9, MOTOR VEHICLES AND TRAFFIC, CHAPTER 1:
DEFINITIONS, ADMINISTRATION AND ENFORCEMENT OF TRAFFIC PROVISIONS, SECTION
1: DEFINITIONS:, TO INCLUDE DEFINITIONS OF "RAMP CHARGES" AND "VEHICLE UNLOCK
FEE."
WHEREAS, Iowa City Code section 9-9-4(A) Determination Of Towing and Impoundment: allows for
the towing and impoundment of a vehicle after it has accumulated five (5) or more parking tickets or fifty
dollars ($50) or more worth of accumulated parking violations, but does not currently count ramp charges
or vehicle unlock fees toward the tow threshold; and
WHEREAS, neither "Ramp Charges" nor "Vehicle Unlock Fee" is currently defined in the Iowa City
Code; and
WHEREAS, presently a vehicle can not be towed no matter how much they owe in ramp charges or
vehicle unlock fees; and
WHEREAS, City Parking staff wish to increase their ability to collect from those that owe the City
more than $50 in vehicle related charges; and
WHEREAS, it is in the best interest of the City to adopt this amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
.IOWA:
SECTION I. AMENDMENTS.
TITLE 9, MOTOR VEHICLES AND TRAFFIC, CHAPTER 9, TOWING AND IMPOUDMENT
PROCEDURES, SECTION 4, IMPOUNDMENT FOR ACCUMULATED PARKING VIOLATIONS:,
SUBSECTION A: DETERMINATION OF TOWING AND IMPOUNDMENT:, is hereby amended by
deleting it in its entirety and replacing it as follows:
A. Determination Of Towing And Impoundment: If any vehicle has accumulated a combination of
parking violations, ramp charges, and/or vehicle unlock fees, totaling fifty dollars ($50) or more,
such vehicle may be towed and impounded or may be impounded by use of a "Denver boot" or
similar device, as hereafter provided.
TITLE 9, MOTOR VEHICLES AND TRAFFIC, CHAPTER 1: DEFINITIONS, ADMINISTRATION AND
ENFORCEMENT OF TRAFFIC PROVISIONS, SECTION 1: DEFINITIONS: is hereby amended by adding
the following definitions:
"RAMP CHARGES": Unpaid fees charged for parking in a parking lot owned or operated by the
City.
VEHICLE UNLOCK FEE : Fee charged by the City for assistance in unlocking a vehicle.
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.
Passed and approved this day of , 2009.
ATTEST:
CITY CLERK
MAYOR
Approved by
~ ~~~t
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
First Consideration 6/2/2009
Vote for passage: AYES: Wright, Bailey, Champion, Correia, Hayek.,0'Donnell, Wilburn.
NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
11
Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 9, MOTOR VEHICLES AND TRAFFIC, CHAPTER 4, PARKING
REGULATIONS, SECTION 6, PARKING IN ALLEYS: SUBSECTION B, ALLEYS IN
COMMERCIAL DISTRICTS: PARAGRAPH 2, TO LIMIT PARKING IN AN ALLEY TO TEN (10)
MINUTES.
WHEREAS, Iowa City Code section 9-4-6: Parking in Alleys: currently places a parking time limit of
ten (10) minutes for vehicles, unless they are there to "load or unload goods, wares and merchandise for
any business establishment abutting the alley"; and
WHEREAS, this has allowed parking by vehicles engaged in at least a minimum amount of loading or
unloading, without time limits; and
WHEREAS, this has lead to the abuse of these parking privileges by vehicles remaining in the alleys
far longer than necessary to accomplish their loading or unloading; and
WHEREAS, it is in the best interest of the City to adopt this amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION 1. AMENDMENTS.
TITLE 9, MOTOR VEHICLES AND TRAFFIC, CHAPTER 4, PARKING REGULATIONS, SECTION 6,
PARKING IN ALLEYS: SUBSECTION B, ALLEYS IN COMMERCIAL DISTRICTS: PARAGRAPH 2, is
hereby amended by deleting it in its entirety and replacing it as follows:
2. In alleys in the commercial district which are not so marked, it shall be unlawful for any person
to park a vehicle for a period exceeding ten (10) minutes.
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.
Passed and approved this day of , 2009.
MAYOR
ATTEST:
CITY CLERK
Approved by
~~-- - ~i " ? l ° 1
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
First Consideration 6 / 2 / 2009
Vote for passage: AYES: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright
NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
12
Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 9, MOTOR VEHICLES AND TRAFFIC, CHAPTER 4, PARKING
REGULATIONS, SECTION 1, PARKING PROHIBITED IN SPECIFIED PLACES:, SUBSECTION
A, PARAGRAPH 6, AND TITLE 9, MOTOR VEHICLES AND TRAFFIC, CHAPTER 4, PARKING
REGULATIONS, SECTION 7: VEHICLES ON PARKING AREA, SUBSECTION B: STANDARDS,
PARAGRAPH 3, SUBPARAGRAPH C, TO CHANGE THE PARKING RESTRICTION FROM
WITHIN FIVE FEET (5') OF A FIRE HYDRANT TO THE FIVE FEET (5') OF CURB SPACE IN
FRONT OF THE FIRE HYDRANT.
WHEREAS, Iowa City Code sections 9-4-1: Parking Prohibited In Specified Places: and 9-4-7:
Vehicles on Parking Area, prohibit, among other things, parking "within five feet (5') of a fire hydrant",
what is needed by the fire department is the five feet (5') of curb space closest to the fire hydrant; and
WHEREAS, as presently written, if the fire hydrant is at least five feet (5') from the curb, the curb
space could be entirely blocked, allowing the fire department no easy access, without violating the
present ordinance; and
WHEREAS, The City Fire Department wishes to preserve proper access to fire hydrants by amending
these ordinances; and
WHEREAS, it is in the best interest of the City to adopt this amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
TITLE 9, MOTOR VEHICLES AND TRAFFIC, CHAPTER 4, PARKING REGULATIONS, SECTION 1,
PARKING PROHIBITED IN SPECIFIED PLACES:, SUBSECTION A, PARAGRAPH 6:, is hereby
amended by deleting it in its entirety and replacing it as follows:
6. Adjacent to the five linear feet (5') of curb closest to a fire hydrant. Where the street has no
curb, this prohibition applies to the five linear feet (5') of road surface closest to the fire hydrant.
TITLE 9, MOTOR VEHICLES AND TRAFFIC, CHAPTER 4, PARKING REGULATIONS, SECTION 7:
VEHICLES ON PARKING AREA, SUBSECTION B: STANDARDS, PARAGRAPH 3, SUBPARAGRAPH C
is hereby amended by deleting it in its entirety and replacing it as follows:
c. Adjacent to the five linear feet (5') of curb closest to a fire hydrant. Where the street has no
curb, this prohibition applies to the five linear feet (5') of road surface closest to the fire hydrant.
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.
Passed and approved this day of , 2009.
MAYOR
ATTEST:
CITY CLERK
Ap oved by
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
First Consideration 6 / 2 / 2009
Vote for passage: AYES: Champion, Correia, Hayek, O'Donnell, Wilburn, Wright,Bailey.
NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
06-02-09
13
Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 9, MOTOR VEHICLES AND TRAFFIC, CHAPTER 5, PARKING
METER ZONES AND PARKING LOTS, SECTION 6, PENALTIES; PARKING TICKETS: BY
ADDING SUBSECTION D, RETURNED CHECKS:, TO ALLOW FOR THE RECOUPMENT OF
FINANCIAL PENALTIES AND ADMINISTRATIVE COSTS UPON THE RETURN OF ANY CHECK
OR AUTOMATIC BANK DEBIT.
WHEREAS, the City currently incurs financial penalties and administrative costs upon the City's
deposit of non-sufficient-fund checks or automatic bank debits in payment for parking fees, charges,
fines, and penalties; and
WHEREAS, the City charges a fee (currently $15.00) for all returned checks or automatic bank debits
for water service, but not for parking costs; and
WHEREAS, City Parking staff would like to establish a level of recovery uniform with the City Water
Division; and
WHEREAS, it is in the best interest of the City to adopt this amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
TITLE 9, MOTOR VEHICLES AND TRAFFIC, CHAPTER 5, PARKING METER ZONES AND
PARKING LOTS, SECTION 6, PENALTIES; PARKING TICKETS: is hereby amended by adding
Subsection D, RETURNED CHECKS: which shall read as follows:
D. RETURNED CHECKS: If any check or automatic bank debit for payment of parking fees,
charges, fines, or penalties is returned, for any reason, to the city from the financial institution
from which it is written, a service fee shall be assessed identical to the service fee charged for
returned checks or automatic bank withdrawals for water service, as provided in title 3, chapter 4,
section 3 of this code.
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.
Passed and approved this day of , 2008.
MAYOR
ATTEST:
CITY CLERK
Approved by ~
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
First Consideration 6/2/2009
Vote for passage: AYES: Correia,Hayek, O'Donnell, Wilburn, Wright, Bailey, Champion.
NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
14
Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 9, MOTOR VEHICLES AND TRAFFIC, CHAPTER 9, TOWING
AND IMPOUDMENT PROCEDURES, SECTION 1, TOWING AND IMPOUNDMENT OF
ABANDONED VEHICLES; NOTICES, SUBSECTION A, TOWING AND IMPOUNDMENT
AUTHORIZED:, TO AMEND THE NOTICE REQUIREMENT FROM SEVENTY-TWO (72) HOURS
TO TWENTY-FOUR (24) HOURS BEFORE TOWING VEHICLES FROM CITY-OWNED PARKING
RAMPS.
WHEREAS, Iowa City Code section 9-9-1(A) Towing and Impoundment Authorized requires notice to
the vehicle owner of at least 72 hours before towing, whether the vehicle is parked in a surface parking
space or in a ramp; and
WHEREAS, under Iowa City Code 9-5-4(C), it is illegal to park a vehicle in a City-owned or operated
lot for more than 24 hours; and
WHEREAS, City Parking staff have encountered an increasing number of vehicles being stored long-
term, in excess of the 24 hour limit, in City-owned lots, preventing others from using the spaces for short-
term parking, as intended; and
WHEREAS, the City wishes to be able to tow and impound vehicles, after 24 hour notice, after they
have already been parked there for in excess of 24 hours; and
WHEREAS, it is in the best interest of the City to adopt this amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
TITLE 9, MOTOR VEHICLES AND TRAFFIC, CHAPTER 9, TOWING AND IMPOUDMENT
PROCEDURES, SECTION 1, TOWING AND IMPOUNDMENT OF ABANDONED VEHICLES; NOTICES,
SUBSECTION A, TOWING AND IMPOUNDMENT AUTHORIZED: is hereby amended by deleting it in its
entirety and replacing it as follows:
A. Towing And Impoundment Authorized: The department may tow and impound or have towed
and impounded any vehicle abandoned, provided the department has notified the owner or
person entitled to possession that the vehicle will be towed and impounded if the vehicle is not
removed within seventy two (72) hours of the time a towing notice is posted. Notice shall be
deemed posted by securely attaching the notice to the driver's side window of the vehicle. The
notice shall state the date and time the notice is attached to the vehicle, the intent to tow the
vehicle seventy two (72) hours after the posting, the reason for the notice to tow and that all costs
of removal, notification and storage must be paid before the vehicle may be reclaimed. Vehicles
parked in a City-owned or operated parking lot may be towed and impounded twenty-four (24)
hours after the posting of notice to that effect. This notice provision shall not be required in the
case of a vehicle parked on or in a public street or alley determined by the department to create
an immediate hazard to vehicle or pedestrian traffic.
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.
Passed and approved this day of , 2008.
MAYOR
ATTEST:
CITY CLERK
Ap roved by
~~1~
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
First Consideration 6/2/2009
Vote for passage: AYES: Hayek, O'Donnell, Wilburn, Wright, Bailey, Champion, Correi
NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
15
Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 9, MOTOR VEHICLES AND TRAFFIC, CHAPTER 9, TOWING
AND IMPOUNDMENT PROCEDURES, SECTION 4, IMPOUNDMENT FOR ACCUMULATED
PARKING VIOLATIONS:, SUBSECTION B, NOTICE OF TOWING AND IMPOUNDMENT;
HEARING:, TO ELIMINATE THE REQUIREMENT THAT THE VEHICLE BE IN VIOLATION OF
PARKING REGULATIONS AT THE TIME OF TOWING OR IMPOUNDMENT AND STREAMLINE
NOTICE PROVISIONS.
WHEREAS, Iowa City Code section 9-9-4(B) Notice Of Towing And Impoundment; Hearing: requires
notice to the vehicle owner, and opportunity for an administrative hearing; and
WHEREAS, Iowa Code Section 9-9-4(B) also requires that in order for the vehicle to be towed and
impounded, the vehicle must be in violation of Iowa City parking regulations at the time of towing; and
WHEREAS, City Parking staff have come upon vehicles otherwise eligible for towing and
impoundment due to failure of the vehicle owner to pay parking tickets, but have been unable to act upon
the vehicle because the vehicle was not in violation of City parking regulations at the time; and
WHEREAS, the City wishes to be able to tow and impound vehicles found on a public street or in a
public parking lot, regardless of whether it is in violation of Iowa City Parking regulations at the time; and
WHEREAS, the City wishes to provide notice of the possibility to being towed, and of the availability
of administrative hearings on every ticket, instead of mailing separate notice; and
WHEREAS, it is in the best interest of the City to adopt this amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
TITLE 9, MOTOR VEHICLES AND TRAFFIC, CHAPTER 9, TOWING AND IMPOUNDMENT
PROCEDURES, SECTION 4, IMPOUNDMENT FOR ACCUMULATED PARKING VIOLATIONS:,
SUBSECTION B, Notice Of Towing And Impoundment; Hearing:, is hereby amended by deleting it in its
entirety and replacing it as follows:
1. Towing and impoundment shall occur only after notice and opportunity for an administrative
hearing is offered to the last known owner or person entitled to possession of such motor
vehicle. Notice may be provided either on the citation or through a separately mailing. No
vehicle shall be towed and impounded unless such vehicle is on a public street or in a public
parking lot.
2. Notice shall be in writing, either on the citation or through a separate mailing, and shall state.
that there is a right to request an administrative hearing before towing and impoundment if
such request is made within ten (10) calendar days of the notice, that failure to request a
hearing within ten (10) calendar days or failure to appear at a requested hearing waives the
opportunity for hearing, and that the owner or other person entitled to possession shall be
responsible for all charges and costs incurred for towing and impoundment of the vehicle, in
addition to charges for unpaid parking tickets.
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.
Passed and approved this day of , 2009.
ATTEST:
CITY CLERK
MAYOR
App oved by
°~ 1[ O
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
First Consideration 6 / 2 / 2009
Vote for passage: AYES: O'Donnell, Wilburn, Wright, Bailey, Champion, Correia, Hayek
NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published