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HomeMy WebLinkAbout2009-06-16 Ordinance Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, ZONING, ADDING A BUSINESS SERVICES LAND USE CATEGORY, MODIFYING THE STREET WIDTH STANDARDS FOR INSTITUTIONAL USES IN RESIDENTIAL ZONES, AND CLARIFYING APPLICABLE REGULATIONS TO AND ALLOW MINOR MODIFICATIONS TO SITE DEVELOPMENT STANDARDS IN THE PUBLIC ZONE. WHEREAS, the zoning ordinance contains a land use classification system that groups uses with similar functions, products, and/or physical characteristics and uses this system as a basis for assignment of present and future uses to the various zoning districts; and WHEREAS, various types of business services have been listed as examples in several different use categories in the zoning ordinance, creating a distinction between these specific uses that is unwarranted given their similar functions, products, and physical characteristics; and WHEREAS, grouping all types of business services into the General Office use category in the ordinance will simplify and clarify how these uses are allowed within zoning districts throughout the city; and WHEREAS, the current zoning ordinance contains an overly restrictive street width standard for institutional uses that doesn't allow the City officials and the Board of Adjustment the flexibility of considering the size of the institution, the anticipated traffic, or the functional classification of the street when reviewing requests to establish or expand such a use; and WHEREAS, it is in the public interest to allow reasonable flexibility in allowing institutional uses on streets with adequate traffic capacity for the use proposed; and WHEREAS, the minor modification process is intended to provide the flexibility to modify certain regulations in unique or unusual situations where the strict application of the regulations is impractical. Minor modifications are allowed in all base zones, except for the Public Zones; and WHEREAS, similar to other zones, there are unique and unusual situations that may arise in areas zoned Public which make the strict application of the regulations impractical. It is in the public interest to allow minor modifications in Public Zones according to the same rules applied in other zoning districts in the city; and WHEREAS, the current zoning ordinance does not provide clear direction with regard to the standards that are applicable in the Public Zones, which has created confusion when public projects are being constructed and it is in the public interest to clarify which standards and regulations apply; 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 paragraph 14-46-4D-6, Daycare Uses, by deleting subparagraph c., Vehicular Access, and substituting in lieu thereof: c. Vehicular Access In Single Family Residential Zones, a daycare center that provides care for more than 16 persons must have vehicular access to a collector street, arterial street, or street with paving wider than 28 feet. For expansions of existing uses that are Ordinance No. Page 2 nonconforming with this provision, access to streets with pavement width 28 feet or narrower will be considered based on the traffic capacity of the subject street and the projected traffic generated by the proposed expansion. If the proposed expansion will cause an increase in the amount of traffic, a plan must be submitted illustrating how traffic to and from the facility will be accommodated during peak periods. Estimates of vehicle trips to the site during peak periods must be submitted with the circulation plan. This plan must be reviewed by the City's traffic engineering planner and approved by the City. B. Amending paragraph14-46-4D-8, General Educational Facilities in the RR-1, RM-12, RM- 20, RNS-20, RM-44, PRM, MU, and CO-1 Zones, by deleting subparagraph a, and substituting in lieu thereof: a. Vehicular access to the proposed use is limited to collector streets, arterial streets, or streets with pavement width greater than 28 feet. For expansions of existing uses that are nonconforming with this provision, access to streets with pavement width 28 feet or narrower will be considered based on the traffic capacity of the subject street and the projected traffic generated by the proposed expansion. If the proposed expansion will cause an increase in the amount of traffic, a plan must be submitted illustrating how traffic to and from the facility will be accommodated during peak periods. Estimates of vehicle trips to the site during peak periods must be submitted with the circulation plan. This plan must be reviewed by the City's traffic engineering planner and approved by the City. C. Amending paragraph 14-4B-4D-9, General Educational Facilities in the RS-5, RS-8, RS- 12, and RNS-12 Zones, by deleting subparagraph a. and substituting in lieu thereof: a. Vehicular access to the proposed use is limited to collector streets, arterial streets, or streets with pavement width greater than 28 feet. For expansions of existing uses that are nonconforming with this provision, access to streets with pavement width 28 feet or narrower will be considered based on the traffic capacity of the subject street and the projected traffic generated by the proposed expansion. If the proposed expansion will cause an increase in the amount of traffic, a plan must be submitted illustrating how traffic to and from the facility will be accommodated during peak periods. Estimates of vehicle trips to the site during peak periods must be submitted with the circulation plan. This plan must be reviewed by the City's traffic engineering planner and approved by the City. D. Amending paragraph 14-4B-4D-13, Religious/Private Group Assembly in the ID-RM, ID-C, RR-1, RM-12, RM-20, RNS-20, RM-44, PRM, MU, and CO-1 Zones, by deleting subparagraph a. and substituting in lieu thereof: a. Vehicular access to the proposed use is limited to collector streets, arterial streets, or streets with pavement width greater than 28 feet. For expansions of existing uses that are nonconforming with this provision, access to streets with pavement width 28 feet or narrower will be considered based on the traffic capacity of the subject street and the projected traffic generated by the proposed expansion. If the proposed expansion will cause an increase in the amount of traffic, a plan must be submitted illustrating how traffic to and from the facility will be accommodated during peak periods. Estimates of vehicle trips to the site during peak periods must be submitted with the circulation plan. This plan must be reviewed by the City's traffic engineering planner and approved by the City. Ordinance No. Page 3 E. Amending paragraph 14-46-4D-13, Religious/Private Group Assembly in the ID-RS, RS- 5, RS-8, RS-12, and RNS-12 Zones by deleting subparagraph a. and substituting in lieu thereof: a. Vehicular access to the proposed use is limited to collector streets, arterial streets, or streets with pavement width greater than 28 feet. For expansions of existing uses that are nonconforming with this provision, access to streets with pavement width 28 feet or narrower will be considered based on the traffic capacity of the subject street and the projected traffic generated by the proposed expansion. If the proposed expansion will cause an increase in the amount of traffic, a plan must be submitted illustrating how traffic to and from the facility will be accommodated during peak periods. Estimates of vehicle trips to the site during peak periods must be submitted with the circulation plan. This plan must be reviewed by the City's traffic engineering planner and approved by the City. F. Amending paragraph 14-4A-4G-2, Examples, by deleting subparagraph a. and substituting in lieu thereof: a. General Office: Professional offices, such as lawyers, accountants, engineers, architects, and real estate agents; financial businesses, such as mortgage lenders, brokerage houses, administrative and back office banking facilities; data processing; government offices; public utility offices; social service agency offices; television and radio studios; and business services, such as advertising agencies, consumer credit reporting agencies, collection agencies, mailing and copying services, quick printing services, building management services, detective agencies, computer services, software development, research and development, consulting and public relations, protective services, bondspersons, drafting services, auctioneer services, call centers. G. Amending paragraph 14-4A-4H-2, Examples, by deleting subparagraph b. and substituting in lieu thereof: a. Personal Service-Oriented: Establishments engaged in providing retail services and services related to the care of a person or a person's apparel, such as retail banking establishments, Laundromats, catering services, dry cleaners, tailors, shoe repair, photographic studios, beauty salons, tanning salons, therapeutic massage establishments, taxidermists, mortuaries, funeral homes, and crematoriums. H. Amending paragraph 14-4A-5B-2, Examples, by deleting subparagraph a and substituting in lieu thereof: a. Technical/Light Manufacturing: Firms engaged in the manufacturing, development, processing, fabricating, packaging or assembling of electronic components; electrotherapeutic, electromedical and x-ray apparatus; engineering, scientific and research laboratory equipment; measuring and controlling instruments; office, computing and accounting machines; optical instruments and lenses; pharmaceuticals; photographic equipment and supplies; photofinishing laboratories. Amending subsection 14-2F-36. by inserting a new paragraph as follows and renumbering existing paragraphs accordingly: 2. Accessory Uses and Buildings See Article 14-4C J. Amending subsection 14-2F-3C. by inserting three new paragraphs as follows and renumbering existing paragraphs accordingly: Ordinance No. Page 4 1.Off-Street Parking and Loading Standards Sections 14-5A-5, Construction and Design Standards are applicable to uses within the Public Zone. 5. Landscaping and Tree Standards See Article 14-5E. 6. Screening and Buffering Standards See Article 14-5F. K. Amending Section 14-4F-5 by adding a new subsection E as follows: E. Minor Modifications to Site Development Standards A minor modification to adjust specific provisions of this section may be requested in either of the qualifying situations listed in the paragraphs below. Such requests will be reviewed by the Director of Planning and Community Development and the Building Official according to the procedures for Minor Modifications as set forth in Article 14- 88 and must meet the following approval criteria. The following approval criteria are to be applied in lieu of the general approval criteria listed in Section 14-4B-1, Minor Modifications. 1. Qualifying Situation: The configuration of the lot or other existing physical condition of the lot makes the application of a specific standard impractical. In such a case, the applicant must demonstrate that the following approval criteria are met: a. The applicant must provide evidence that the configuration of the lot, the topography, or other physical characteristic of the property makes the application of a specific standard impractical. Examples of situations that may qualify include double-fronting lots, triangular shaped lots, and steeply sloping lots. b. The applicant must demonstrate that the proposed alternative design is not contrary to the intent of the site development standards. c. The applicant must propose an alternative site or building design that best meets the intent of the specific standard being modified. d. The requested modification will not be detrimental to the public health, safety, or welfare or be injurious to other property or improvements in the vicinity and in the zone in which the property is located. e. The requested modification does not allow a use or activity not otherwise expressly authorized by the regulations governing the subject property. f. The requested modification complies with other applicable statutes, ordinances, laws and regulations. 2. Qualifying Situation: The proposed site or building is uniquely designed to fit the site and the surrounding area. In such a situation, the applicant must demonstrate that the following approval criteria are met: a. The applicant proposes an alternative design solution that equally or better meets the intent of the specific standard being modified. b. The proposed site and building design is uniquely designed to fit the characteristics of the site and the surrounding area such that it equally or better meets the purpose of the site development standards. c. The requested modification will not be detrimental to the public health, safety, or welfare or be injurious to other property or improvements in the vicinity and in the zone in which the property is located. d. The requested modification does not allow a use or activity not otherwise expressly authorized by the regulations governing the subject property. e. The requested modification complies with other applicable statutes, ordinances, Ordinance No. Page 5 laws, and regulations. L. Amending subsection 14-4B-1A, Applicability, by deleting paragraph 18. and substituting in lieu thereof: 18. Modifications to the site development standards contained in 14-2D-5, Industrial and Research Zone Site Development Standards, and 14-2F-5, Public Zone Site Development Standards, according to the alternate approval criteria set forth in those sections, respectively. The Building Official must obtain approval from the Director of Planning and Community Development prior to granting any such modification. 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. Passed and approved this day of , 2009. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office 4~~~uT 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 / 16 / 2009 Vote for passage: AYES: Champion, Correia, Hayek, O'Donnell, Wilburn, Wright, Bailey. 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 1, ADMINISTRATION, CHAPTER 4, GENERAL PENALTY, SECTION 1, VIOLATIONS; CRIMINAL PENALTY, AND TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES, SECTION 9, VIOLATION OF VARIOUS CODE SECTIONS. WHEREAS, in recent years the State has changed the maximum fine for a simple misdemeanor from $100.00 to $500.00, to $625.00; and WHEREAS, the State, in Senate File 118, amended Iowa Code Section 364.3(2) to empower cities to impose the same maximum fines for simple misdemeanors as the State; and WHEREAS, Iowa City Code section 3-4-9: VIOLATION OF VARIOUS CODE SECTIONS: currently sets the penalty for a simple misdemeanor at "Up to $100.00 or 30 days in jail"; and WHEREAS, Iowa City Code Section 1-4-1 VIOLATIONS; CRIMINAL PENALTY:, currently limits criminal fines for ordinance violations to $500.00; and WHEREAS, the City wishes to align with the State the penalty for simple misdemeanors, as defined by Iowa Code; and WHEREAS, the State sets the penalty under Iowa Code Section 903.1 (1)(a); 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 1, ADMINISTRATION, CHAPTER 4, GENERAL PENALTY, SECTION 1, VIOLATIONS; CRIMINAL PENALTY: is hereby amended by deleting paragraph B in its entirety and replacing it as follows: B. Criminal Penalty: The doing of any act prohibited or declared to be unlawful, an offense or a simple misdemeanor by this code or any ordinance or code herein adopted by reference, or the omission or failure to perform any act or duty required by this code or any ordinance or code herein adopted by reference, is a simple misdemeanor and is, unless another penalty is specified, or the violation is scheduled under state law, punishable by a penalty as set in Iowa Code Section 903.1 (1)(a), as amended. TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES, SECTION 9, VIOLATION OF VARIOUS CODE SECTIONS: is hereby amended by deleting the listed penalty fora "Simple Misdemeanor" and replacing it as follows: "As set in Iowa Code Section 903.1 (1)(a), as amended." 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: MAYOR CITY CLERK 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 / 16 / 2009 Vote for passage: AYES: Wright, Bailey, Champion, Correia, Hayek, O'Donnell, Wilbur NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 12 Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 1, CHAPTER 9, SECTION 3, ENTITLED "ELECTION PRECINCTS" OF THE CODE OF ORDINANCES OF IOWA CITY, IOWA BY AMENDING THE BOUNDARY OF VOTING PRECINCT 12 TO REFLECT A BOUNDARY CHANGE TO THE CORPORATE LIMITS OF IOWA CITY. WHEREAS, a boundary change to the corporate limits of Iowa City resulting from the annexation of approximately 173 acres of land locally known as 4748 420' Street Southeast, Iowa City, Iowa, has rendered the codified voting precincts inaccurate; and WHEREAS, most of the annexed land is currently undeveloped; and WHEREAS, the proposed revision to the precinct boundary conforms to Chapter 49 of the Iowa State Code, and is in the public interest to do so. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 1, Chapter 9, Section 3(6)(12) of the Code of Ordinances of Iowa City is hereby amended by deleting said paragraph and adopting in lieu thereof the following: 12. Precinct 12: Beginning at the intersection of Industrial Park Road and Highway 6; thence northerly on Industrial Park Road to the Iowa Interstate railroad tracks; thence southeasterly along the railroad tracks to a point where the corporate limits of Iowa. City turn north along the west line of the SE %. of Section 19, Township 79 N, Range 5 W; thence following the corporate limits north and east to Taft Avenue; thence continuing along the corporate limits southerly, then northwesterly, then southerly, then westerly, then southerly, then westerly, then northerly, then westerly, then southerly, then westerly to the intersection of Highway 6 and Sioux Avenue; thence continuing along the corporate limits generally westerly and southerly to Napoleon Street; thence following the corporate limits generally north and westerly to the intersection of Sycamore Street and Lehman Avenue; thence continuing along the corporate limits easterly, northerly and westerly to a point approximately 173 feet south of where the centerlines of Sycamore Street and Langenberg Avenue intersect, which is on the boundary line between Iowa City and East Lucas Township; thence northerly to the intersection of Sycamore Street and California Avenue; thence easterly on California to Union Road; thence southerly on Union to Nevada Street; thence easterly on Nevada to Miami Drive; thence northerly on Miami Drive to Hollywood Boulevard; thence westerly on Hollywood to Fairmeadows Boulevard; thence northerly. on Fairmeadows to Highway 6; and southeasterly on Highway 6 to the point of beginning. 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, as provided by law. MAYOR ATTEST: CITY CLERK Appr ved by rti. vim/ ~'~ i City Attorney's Office ~/z/~~ 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 / 16 / 2009 Vote for passage: AYES: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published i Prepared by: Sara F. Greenwood Hektoen, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319- 356-5030 ORDINANCE NO. 09-4342 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. and approved this 16th day of June , 2009. Appr ved by ~~ ~~ City Attorney's Office ~-~~~~v 7 Ordinance No. 09-4342 Page 2 It was moved by Wilburn and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x X x x x x x First Consideration 6 Vote for passage: NAYS: None. Second Consideration Vote for passage: Date published Bailey Champion Correia Hayek O'Donnell Wilburn Wright Champion that the Ordinance /2/2009 AYES: Wilburn, Wright, Bailey, Champion, Correia, Hayek,0'Donnell. ABSENT: None. 6/24/2009 Moved by Wilburn, seconded by Champion, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Champion, Correia, Hayek, O'Donnell, Wilburn, Wright, Bailey. NAYS: None. ABSENT: None. /~ ' ' ~f Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 09-4343 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 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 Dubuque Street parking ramps), per hour _. __ .. _ ... m .... _ ~ _ . _ __ _ ~..~.._ _ _~ ._ _.. ~.~ - ~ _... ~_---- ._. ~ 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 paymentp 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 reissue _. _.. Reissue of all other permits, each reissue City employee monthly all day permits in parking ramps or surface lots, per month Surface lot fees: Monthly all day permits, per month 25.00 _~_ __.. 25.00 _ - H._ _ .. alf price 60.00 Ordinance No. 09-4343 Page 2 _~.__.,.._ . _.. Monthly all day permits (annual advance payment), per _. m ~~ _~ .. _... _. 684.00 year 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 Parking meter fees: (except as otherwise marked) Central business district on street meter, per hour 0.75 __ Central business district lot meter, per hour 0.75 ................ . Peripheral on street meter (outside central business 0.50 district), per hour ~e a __ .. a w ~.__.. _ _.... ~ __ w,~.._. _..m.. __. 100 block of North Clinton Street, per hour 0.75 __ _ _ 200 - 500 block of North Clinton Street, per hour 0.75 100 - 300 block of East Jefferson Street, per hour 0.75 of East Market Street, per hour 100 block 0.7 _ 100 block of North Linn Street, per hour _ 0.75 ...... ____._._.... __ . __ 400 block of Iowa Avenue, per hour 0.75 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: ~__ Overtime parking 10. __ Commercial loading zone 25. __ _ __ __. __. Expired meter . _. ation each period: warning 1 S` cnt ~ 2 citation each period: 5.00 Each year is separated into two periods: January 1S` 3~d citation each period 10.00 through June 30"', and July 1~` through December 31 S`. 4"' citation each period 10.00 5"' citation each period:15.00 6`~ citation each period:15.00 7`~ citation each period:20.00 8`n citation each period:20.00 9"'+ citation each period:25.00 Prohibited zone __ _ 15.00 .~~ ._ .. ~_ ~ ....... m_ _ ~ _ . r Illegal parking -handicapped parking space _ ~_. ' 100.00, or as specified in Iowa ugCode Section 805.8A(1)(c), as amended 1 hour restricted zone, city hall lot 10.00 __ __ _ Library patron only parking _ 10.00 __ _. _ Library outside book drop off only 10.00 first offense 20.00 second and subsequent offense 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. Ordinance No. 09-4343 Page 3 ___ 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. and approved this 16thday of June , 2009. A ERK Appr ved by ~ ~~, City Attorney's Office Ordinance No. 09-4343 Page 4 It was moved by Wilburn and seconded by Champion that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia ~_ Hayek g O'Donnell x Wilburn x Wright First Consideration 6/2/2009 Vote for passage:AYES: NAYS: Champion. Second Consideration --~ Vote for passage: Date published 6/24/2009 Moved by Wilburn, seconded by Wright, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, .the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: O'Donnell, Wilburn, Wright, Bailey, Champion, Correia, Hayek. ..NAYS: None. ABSENT: None. Hayek, O'Donnell, Wilburn, Wright, Bailey, Correia. ABSENT: None. 14_ Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINAfy,OE NO. ORDINANCE AMENDING TITLE 3, FINAN ES TAXATION AND ES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALT S, SECTION 8, PARKING VIOLATIONS, TO AMEND PARKING FEES, ATES, AND FINES. WHEREAS, Iowa City Code section 3-4-8: P king Violations: sets the A ount of Fee, Charge, Bond, Fine and Penalty for various Parking matters; and WHEREAS, the City wishes to align month permit parking rates with those charged by the University of Iowa for parking ramps; and WHEREAS,; the City wishes to work to reduce owntown congestio by increasing meter rates and citation fine amounts, including escalation for habitual ffenders; and WHEREAS, it is in the best interest of the City to a opt this amen ent. NOW, THEREFORE, BE IT ORDAINED BY THE ITY COU IL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. TITLE 3, FINANCES TAXATION AND FEES, CHARGES, BONDS, FINES, AND PENALTIES, SI amended by deleting it in its entirety and replacing it as R 4, SCHEDULE OF FEES, RATES, 8, PARKING VIOLATIONS: is hereby 3-4-8: PARKING VIOLATIONS: Description of Fee, Charge, Fine or Pe alty enalty Parkinct Ramp fees.... Hourly parker (Tower Place, Capital treet, and Dubuque Street parking ramps), p hour Hourly parker (Chauncey Swan), er hour Hourly parker (Court Street Tr sportation Center), per hour of Fee, Charge, Fine or - $0.75 0.60.. 0.60._ Monthly all day permits wit advance payment (Tower 80.00 Place, Capital Street, and ubuque Street parking ramps), per month Annual all day permits ith advance payment (Tower 912.00 Place, Capital Street and Dubuque Street parking ramps), per year Monthly all day p mits with advance payment July 1, 2 9 -June 30, 2010 70.00 (Chauncey Swa and Court Street Transportation July 1, 20 0 - 80.00 Center parkin amps), per month Annual all d permits with advance payment July 1, 200 -June 30, 2010 798.00 (Chauncey wan and Court Street Transportation 'July 1, 2010 912.00 Center pa ing ramps), per year Reissu of parking ramp monthly permit exit card, each reissu Reissue of all other permits, each reissue City employee monthly all day permits in parking ramps or surface lots, per month Surface lot fees:......... Monthly all day permits, per month 25.00 .25.00 .....Half price ..........60.00 Monthly all day permits (annual advance payment), per 684.00 year 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 Parking meter fees: (except as otherwise marked) Central business district on street meter, per hour 0.75 Central business district lot meter, per hour 0.75 Peripheral on street meter (outside central business 0.5q district), per hour ~ 100 block of North Clinton Street, per hour 0.75 . 200 - 500 block of North Clinton Street, per hour 4:75 100 - 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 ....._ _ _ 400 block of Iowa Avenue ....per hour _ 0.75 _ _ .. Peripheral lot meter (outside central business district), 0.50 per hour Fee for contractor reservation of space, per day 12.00 Fines for parkins violations: _ _ _ ._. _ Overtime parking 10.00 .._ Commercial loading zone __ _ 25.00 Expired meter 1St citation each period: warning 2"d citation each period: 5.00 Each year is separated into two periods: January 3`d citation each period 10.00 through June 30tH, and July 1St through Decem r 31 S`. 4tH citation each period 10.00 Stn citation each period:15.00 6tH citation each period:15.00 7`n citation each period:20.00 Stn citation each period:20.00 9`n+ citation each period:25.00 Prohibited zone _ _ __ _ _ 15.00 Illegal parking - handicapped p tking space 100. 0, or as specified in Iowa '.Code ection 805.8A(1)(c), as ',amen ed 1 hour restricted zone, c~ y hall lot 10.00 __ Library patron only p ing 10.00 Library outside boo drop off only 10.00 first offense 20.00 second and subsequent ;offense Parking in pa senger loading zone 15.00. All other ill al parking violations 15.00 Increas 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 shill 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 Passed and approved this This Ordinance shall be effective on July 1, 2009. day of 2009. MAYOR ATTEST: CITY CLERK Appr ed by ~ ~o~ City Attorney's Office f' i~ 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 F~ARKING FEES, RATES, AND FINES. WHEREAS, Iowa City Cod section 3-4-8: Parking Violations: sets th Amount of Fee, Charge, Bond, Fine and Penalty for various Par ing matters; and WHEREAS, the City wishe to align monthly permit parking ates with those charged by the University of Iowa for parking ram ;and WHEREAS,; the City wishes to work to reduce downtown co estion by increasing meter rates and citation fine amounts, including escal tion for habitual offenders; d WHEREAS, it is in the best intere of the City to adopt this endment. NOW, THEREFORE, BE IT ORD NED BY THE CITY UNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. TITLE 3, FINANCES TAXATION AN FEES, CH PTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENAL IES, SEC ION 8, PARKING VIOLATIONS: is hereby amended by deleting it in its entirety and repla ~ng it as f Ilows: 3~-8: PARKING VIOLATIONS: Description of Fee, Charge, Fine or Penal Parking Ramg fees: Hourly parker (Tower Place, Capital Str Dubuque Street parking ramps), per ho Hourly parker (Chauncey Swan), per h _,__ Hourly parker (Court Street Transpo tion Center), per hour Monthly all day permits with adva Place, Capital Street, and Dubugi ramps), per month Annual all day permits with adv r Place, Capital Street, and Du q~ ramps), per year Monthly all day permits (Chauncey Swan and C Center parking ramps), payment (Tower Street parking ;e payment (Tower e Street parking advance payment :Street Transportation month Annual all day permits with advance payment (Chauncey Swan and Court Street Transportation Center parking ramps), per year Reissue of parking ramp monthly permit exit card, each reissue Reissue of all other permits, each reissue City employee monthly all day permits in parking ramps Amount of Fee, Charge, Fine or ;~ ~enalty ~~ $0.75 0.60 0.60 80.00 912.00 July 1, 2009 -June 30, 2010 70.00 July 1, 010 - 80.00 July 1, 2 09 -June 30, 2010 798.00 July 1, 20 0 - 912.00 ' 25.00 i ~~~~~ ~~~~ 25.00 Half price or surface lots, per month s Surface lot fees: ! M Monthly all day permits, per month ; 0 00 . Monthly all day permits (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 Parkins meter fees: (except as otherwise marked) Central business district on street meter, per hour Central business district lot meter, per hour Peripheral on street meter (outside central business district), per hour 100 block of North linton Street, per hour ~ m 200 - 500 block of N h~Clinton Street, per hour 100 - 300 block of East efferson Street, per hour 100 block of East Market treet, per hour _____ _ 100 block of North Linn Stre t, per hour 400 block of Iowa Avenue, pe our ~~ ~~~~~_ Peripheral lot meter (outside cen al business district), per hour Fee for contractor reservation of spa e, per day Fines for parking violations: Overtime parking _____ ~~ Commercial loading zone ~~~ ~~~~~~ ~~~ Expired meter ~ ____ _. ~__~ _______ Each year is separated into two periods: Jan 1S' through June 30'n, and July 1S'through Dece ber 1S' Prohibited zone ~~ 684.00 7 54.00 0.75 0.75 0.50 0.75 0.75 0.75 0.75 0.75 0.75 0.50 12.00 10.00 25.00 1"citation each period: warning 2"d citation each period: 5.00 3~d citation each period 10.00 4'n citation each period 10.00 5'n citation each period:15.00 6'n citation each period:15.00 7'n citation each period:20.00 8'n citation each period:20.00 9'n+ citation each period:25.00 -r ~- -- ~, _._ _ `~ 15.00 Illegal parking -handicapped parkin space 00.00, or as specified in Iowa ~C a Section 805.8A(1)(c), as ism ded - 1 hour restricted zone, city hall t ~~_ ~~ ~~~~~~~~ ~~~ 10.00 ~ `~ Library patron only parking ~~ ~~ ~~ ~ ~ 10.00 Library outside book drop o only ~ ~ 10.00 st offense ~ 20.00 se and and subsequent '~, offense ._ _ _ ~~______._.._-_. _. _ _______ _ _ __ _____ ~_ ._~.__.___ ___ 15.00 Parking in passenger I ding zone 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 aooroved this daV of , 2009. Page 1 of 2 Marian Karr From: Astrid Bennett [bennettic@mchsi.com] Sent: Wednesday, June 03, 2009 8:22 AM To: Council; Chris O'Brien Cc: astrid Bennett Subject: Parking Ordinance Dear Members of Council and Chris O'Brien, Thank you for considering my concerns about parking meter fee increases yesterday in Council chambers. I would like to add a few more notes that emerged in my mind during your discussion. ******************:x*************** In my extensive experience on the sales floor, VISITORS clearly DO NOT understand where the ramps are. We need to have "wayfinding" signage in place if we really want to direct visitors to ramps. Visitors are an integral part of downtown sales. We have many visitors who take a daylong road trip to Iowa City, are there while attending to UI student children or medical appointments. We are constantly having to tell visitors about ramps and our park and shop program. While this may seem odd to those of us really familiar with downtown, it's a confusing place for newcomers. signage should be abundantly clear. In my experience, one hour is simply too short a time for these customers. ! .5 or 2 hours is more reasonable, especially since they often also stop for food. IF we do more "enforcement" ie chalking tires and no feeding the meters, we first NEED TO HAVE better signage in place to the ramps. In addition to ramp signage, Signage needs to spelled out clearly and obviously on both the meters and signage in loading zones. In some cities, computerized signage specifies number of spots available in ramps. That is probably too expensive for Iowa City, but if it is not, it should be encouraged. The Sheraton Ramp is often occupied by conferees. I assume there are no permits issued for that ramp? One more concern: with the discussion of commercial vehicles and no ticketing, can commercial permits be required of long-time parkers? I realize this is not doable for short term and in-and-out delivery trucks, nor should it be. When ramps are free, that information should be passed along directly to us retailers so we can tell our customers. And lastly, ALL PRESS RELEASES and information to the public should include the following information as it is assumed by all of you and simply not known by the rest of the community: The City faces expensive and widespread maintenance issues on aging parking ramps. All fees for this need to be raised by user-based revenues, not taxes. Doing so will help make your case to the public. I would also like to know why taxes may not be used. Reporters do not often think to probe further into this reasoning. ****************************** To clarify: downtown retailer businesses ARE organizing well in the last few months, most likely due to the economic challenges. It's been a difficult time to focus on anything other than really keeping 6/3/2009 Page 2 of 2 businesses and employees on the right path, so our delayed response to parking regulations is partly attributable to that. Thank you, Astrid Bennett Astrid Bennett 319- 430-3183, cell phone Iowa Artisans Gallery handmade in America, now in our 25th Anniversary year! 207 E Washington St Iowa City, IA 52240 319-351-8686, toll-free 1-877-439-6554 Buy online at www Iowa-artisans-gallery.com blog: http~//www Iowa-artisans-gallerkcom/iagblog/ Open daily 6/3/2009 M~~ ~ ~_~ Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 09-4344 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. ssed and a rove is 16thday of June , 2009. -// ` ~ ATTEST: ~ 7'~ Y R CI ERK A p ved by _ /- _ City Attorney's Office Ordinance No. 09-4344 Page 2 It was moved by Wilburn and seconded by Wright that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~._ x x ~- X x First Consideration 6 / 2 / 2009 Vote for passage: AYES: Wright, NAYS: None. ABSENT: None. Second Consideration ------------- Vote for passage: Date published 6/24/2009 Bailey Champion Correia Hayek O'Donnell Wilburn Wright Bailey, Champion, Correia, Hayek.,0'Donnell, Wilburn. Moved by Wilburn, seconded by O'Donnell, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which i is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Wilburn, Wright, Bailey, Champion, Correia, Hayek, O'Donnell. NAYS: None. ABSENT: None. 3~ M-~~ ' , ~~~ Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE N0. 09-4345 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 I. 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. and approved this 16th day of June , 2009. Approved by ~~~~ t City Attorney's Office Ordinance No. 09-4345 Page 2 It was moved by Wilburn and seconded by Wright that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _~ Bailey ~ Champion x Correia ~_ Hayek X O'Donnell X Wilburn ~_ Wright First Consideration 6/2/2009 Vote for passage: AYES: Bailey, Champion, NAYS: None. ABSENT: None. Second Consideration ------------------ Vote for passage: Correia, Hayek, O'Donnell, Wilburn, Wright Date published- 6/24/2009 Moved by Wilburn, seconded by O'Donnell, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the .meeting at which it is to be finally. passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Wilburn, Wright, Bailey, Champion, Correia, Hayek, O'Donnell. NAYS: NOne. ABSENT: None. ~~~ ~ `~~ Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE N0. 09-4346 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. and approved this 16thday of June , 2009. A' Ap oved by City Attorney's Office Ordinance No. 09-4346 Page 2 It was moved by Wilburn 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 First Consideration Vote for passage NAYS: None. Second Consideration Vote for passage Date published Bailey Champion Correia Hayek O'Donnell Wilburn Wright 6/2/2009 AYES: Champion, Correia, Hayek, O'Donnell, Wilburn, Wright,Bailey. ABSENT: None. 06/24/2009 Moved by Wilburn, seconded by O'Donnell, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Wilburn, Wright, Bailey, Champion, Correia, Hayek, O'Donnell. NAYS: Ndne. ABSENT: .None. ~~ ~ Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 09- 4347 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. P sed and approved thi 16trday of June , 2009 AY A E T: CI LERK Awed by ~~?~ y -_. City Attorney's Office Ordinance No. 09-4347 Page ~_ It was moved by Wilburn and seconded by Wright that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey x Champion x Correia _~ Hayek g O'Donnell x 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 6 / 24 / 2009 Moved by Wilburn, seconded by O'Donnell, that the rule requiring ordinances to be considere and voted on for passage at two Council meetings prior to the. meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. .AYES: Wilburn, Wright, Bailey, Champion, Correia, Hayek, O'Donnell. NAYS: None. ABSENT: None. ~~ i . Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 09-4348 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. and approved this 16thday of June , 2009 . A' Ap roved by ~~l ~ City Attorney's Office Ordinance No. 09-4348 Page 2 It was moved by Wilburn and seconded by Wright that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey x Champion X Correia x Hayek x O'Donnell x 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 6/24/2009 Moved by Wilburn, seconded by O'Donnell, that the rule requiring ordinances to be considere and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be .suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Wilburn, Wright, Bailey, Champion, Correia, Hayek, O'Donnell. NAYS: None:. ABSENT: None. ~-~ ~<.~ Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 09-4349 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. and approved t 's 16th day of June , 2009. ATTEST: aam~d~.-~ 1!~z't~~ C~~TERK AppApp o/~ .~ ~ 1l'0 City Attorney's Office Ordinance No. 09-4349 Page 2 It was moved by Wilburn 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 x X First Consideration Vote for passage: NAYS: Second Consideration Vote for passage: Bailey Champion Correia Hayek O'Donnell Wilburn Wright 6/2/2009 AYES: O'Donnell, Wilburn, Wright, Bailey, Champion, Correia, Hayek None. ABSENT: None. Date published 6/24/2009 Moved by Wilburn, seconded by O'Donnell, that the rule requiring ordinances to be considerec and voted on for passage at two Council meetings prior to the meeting at which it is to be finallyp~ssed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Wilburn, Wright, Bailey, Champion, Correia, Hayek, O'Donnell. NAYS: None. ABSENT: None.