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HomeMy WebLinkAbout2003-04-22 Ordinance Arlington Development, Inc. 1486 S. First Ave., Unit A Iowa City, IA 52240 Phone: 319-338-8058 Fax: 319-338-0153 April 9, 2003 Ernest Lehman, Mayor City Council 410 E. Washington St. Iowa City, IA 52240-1826 Dear Mr. Mayor and Council: With the construction season rapidly approaching, we would greatly appreciate expediting the readings on our amendment #REZ02-00022. Thank you for your consideration. Sincerely, John Moreland, Jr. Prepared by: Shelley McCafferty, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ02-00022) ORDINANCE NO. AN ORDINANCE TO AMEND AN EXISTING PRELIMINARY PLANNED DEVELOPMENT HOUSING PLAN (OPDH-8) TO ALLOW A 64-UNIT RESIDENTIAL DEVELOPMENT FOR LOT 255 OF WINDSOR RIDGE PART TWELVE LOCATED AT THE INTERSECTION OF COURT STREET AND ARLINGTON DRIVE. WHEREAS, the applicant, Arlington L.C., is owner and legal title holder of approximately 7.93 acres of property located at the southwest corner of the intersection of Court Street and Arlington Ddve; and WHEREAS, the subject property was rezoned from Low Density Single Family Residential (RS-5) to Medium Density Single Family Residential (RS-8) in 1995 subject to a conditional zoning agreement requiring a future OPDH rezoning and approval of a development plan for the property; and WHEREAS, an OPDH-8 plan was approved in 1999 for the construction of four 18-plex buildings with underground parking; and WHEREAS, the Planning and Zoning Commission has determined that the proposed amended Preliminary OPDH Plan is in compliance with the Comprehensive Plan and technical compliance with all applicable provisions of the City Code; and WHEREAS, the Planning and Zoning Commission approved a variation to allow multiple principle multi-family buildings on a single lot; and WHEREAS, the Planning and Zoning Commission approved a variation to reduce the distance between two principle buildings on a single lot from a distance equal to the height of the highest building to 17 feet provides for more .efficient land use; and WHEREAS, the Planning and Zoning Commission approved a variation to allow three apartment buildings on a lot in a Medium Density Single Family Residential (RS-8) zone. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL.: The amended Preliminary OPDH-8 Plan for Lot 255 of Windsor Ridge Part 12 is hereby approved. SECTION II. VARIATIONS. Section 14-6J-2-D-7 of the City Code provides that combinations of land uses are permitted and variations in building setback and lot area requirements may be approved for planned developments, and Section14-6J-2-B of the City Code provides for flexibility in architectural design, placement and clustering of buildings, use of open space, traffic circulation and parking, and related site and design considerations. The following waivers are approved as part of the Preliminary OPDH Plan: a. Waiver of the general provisions to allow multiple principal buildings on a single lot in an RS zone. b. Waiver of the underlying RS-8 zoning to allow three 12-unit apartment buildings. C. Reduction of the required distance between two principle buildings from a distance equal to the height of the highest building to 17 feet. SECTION II1. ZONING MAP. The building official 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 IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance and a copy of the amended Preliminary OPDH Plan for this property, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, appreval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, prevision 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 VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of ,20__ Ordinance No. Page 2 MAYOR AFl'EST: CITY CLERK City AIEo~n(~y's Office ppdadrn/ord/341dversideOSA-RNC20.doc 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: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum First Consideration 4/22/03 Voteforpassage:AYES: Kanner, Lehman, 0'Donnell, Vanderhoef, Wilburn, Champion. NAYS: PfaD. ABSENT: None. Second Consideration Vote for passage: Date published Prepared by: Shelley McCafferty, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ03-00005) AN ORDINANCE TO REZONE FROM NEIGHBORHOOD CONSERVATION RESIDENTIAL (RNC-12 & RNC-20), HIGH DENSITY MULTIFAMILY RESIDENTIAL (RM-44) AND MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL (RS-8) TO CONSERVATION DISTRICT OVERLAY (RNC-12/OCD, RNC-201OCD, RM-441OCD & RS-81OCD) FOR THE DESIGNATION OF THE COLLEGE HILL CONSERVATION DISTRICT WITHIN THE COLLEGE HILL NEIGHBORHOOD. WHEREAS, the Iowa City Historic Preservation Plan, contained in the Iowa City Comprehensive Plan, recommends consideration of the designation of conservation and historic districts within the College Hill Neighborhood; and WHEREAS, the Iowa City Comprehensive Plan recommends the preservation of the integrity of historic neighborhoods, the stabilization of neighborhoods, and suppods efforts of the Historic Preservation Commission; and WHEREAS, the Iowa City Municipal Code authorizes the Historic Preservation Commission to nominate and the City Council to designate conservation 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 Iowa City Historic Preservation Commission has completed a study of the College Hill neighborhood and has found that portions of this neighborhood retain substantial integrity to meet the criteria for designation as a conservation district; and WHEREAS, the Historic Preservation Commission feels that designation of the College Hill Conservation District within the College Hill neighborhood will help stabilize the neighborhood by providing for design review of new construction or alterations of existing buildings to assure compatibility with the existing character of the district, and will encourage the retention of existing contributing structures within the College Hill Neighborhood; and WHEREAS, at its August 9, 2002 public hearing, the Historic Preservation Commission nominated said properties for designation as a conservation district; and WHEREAS, at its February 20, 2003 meeting, the Planning and Zoning Commission recommended approval of the proposed conservation district designation and the District Guidelines for the College Hill Neighborhood; and NOW, THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The College Hill Conservation District, legally described below and illustrated on Exhibit B attached hereto and incorporated herein by this reference, is hereby designated as a Conservation District Overlay (OCD) Zone and subject to the guidelines of the Iowa City Historic Preservation Handbook including Appendix B, District Guidelines for the College Hill Neighborhood hereto attached, incorporated herein by this reference: Commencing at the northwest corner of lot 8, block 39, in the Original Town Plat of Iowa City, in Johnson County, Iowa; Section 10, Township 79 North, Range 6 West. Thence northerly 10 feet to a point on the centerline of the alley running east and west in said block 39. Thence easterly 1,320 feet to a point on the centerline of Governor Street. Thence southerly along said centerline 26 feet. Thence easterly to a point on the western boundary of Outlot 4, Original Town Plat. Thence easterly along the northern boundaries of the lots south of Ralston Creek in said Outlot 4, to a point on the western boundary of lot 3, block 4, J.W. Clark's Addition. Thence southerly 58 feet along the western boundary of said lot 3. Thence easterly 149 feet to a point on the centerline of Evans Street. Thence southerly along said centerline to a point where it intersects with an easterly extension of the north boundary line of lot 3, Boulevard Terrace Subdivision. Thence southeasterly along the centerline of Muscatine Avenue to a point where it intersects with an easterly extension of the south boundary line of lot 6, Koser's Subdivision. Thence, westerly to the northwest corner of lot 1, Koser's Subdivision. Thence northerly 35.3'. Thence westerly along the south boundary of Outlot 1, Koser's Subdivision, to a point on the centerline of the alley running north and south between Burlington Street and Court Street. Thence northerly 3' to a point where said centerline intersects with the centerline of the alley running east and west in Oaks First Addition. Thence westerly, 1,020.80 feet along said centerline and the south boundary of lots 3 and 4 of Kauffman's Addition, to a point on the eastern boundary of lot 2, Kauffman's Addition. Thence northerly 193.50 feet to a point on the centerline of Burlington Street. Thence westerly along said centedine to a point where it intersects with a southerly extension of the eastern boundary of Outlot 2 of the Original Town Plat. Thence westerly along said centedine 91 feet. Thence northerly 130 feet Thence westerly 59 feet. Thence northerly 70 feet. Thence westerly 80 feet. Thence southerly 3 feet. Thence westedy 80 feet. Thence northerly 250 feet to the southern boundary of Outlot 3 of the Original Town P[at. Thence eastedy 80 feet. Thence northerly 195.5 feet. Thence westedy 160 feet. Thence southerly 36.25 feet along the western boundary of Outlot 3, the Original Town Plat. Thence westedy 400 feet across Governor Street and beyond to a point on the western boundary of Block 2, the Original Town Plat. Thence southerly along said western boundary 20 feet. Thence westerly 170 feet. Thence northerly 30 feet. Thence westerly 50 feet atong the south boundary of lot 2, block 21, the Original Town Plat. Thence southerly 10 feet. Thence westerly 50 feet. Thence northerly 160 feet to the southern right-of-way line of Washington Street. Thence westerly 182 feet to a point 8 feet east of the northeast comer of College Green Park. Thence northerly 260 feet to a point on the centedine of the alley running east and west between Dodge and Johnson Streets. Thence westedy 108 feet along said centerline. Thence southerly 260 feet to a point on the north boundary of College Green Park. Thence westedy 300 feet to the northeast corner of lot 1, block 41, the Original Town Plat. Thence southerly 65 feet along the east boundary of said lot 1. Thence westerly 80 feet to a point on the west boundary of said lot 1. Thence northerly 755 feet to the point of beginning. Excepting the following described properties, which are not to be included. Lots 2, 3, 6, 7, 10, 11, 12, 13, the north 97 feet of Lot 8, and the north 137 feet of lot 9 of J. & J.W. Clark Addition, Iowa City, Iowa; together with Lots 1, 2, 3, 4, 5 and 6 of Koser Bros. Subdivision of Lots 1 & 2 of Fry's Addition, Iowa City, Iowa; together with Lots 1, 2 and 3 of Carson's Subdivision of Lots 14 to 20 of J. and J.W. Clark's Addition to Iowa City, Iowa; together with A portion of Lots 3 and 4 of Carson's Subdivision of Lots 14 to 20 of J. and J.W. Clark's Addition to Iowa City, Iowa, more particularly described as follows: Beginning at a point 5 feet west of the northeast comer of said Lot 3, thence east 12.45 feet to the westerly line of Muscetine Avenue, thence southeasterly along said westerly line of Muscatine Avenue 64 feet; thence southwesterly 90.3 feet to a point 110 feet south of the point of beginning; thence north 110 feet to the point of beginning. 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. A~I 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 shalt be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of ,2003. MAYOR ATTEST: CITY CLERK Approved by ~ty~Attorney's Office Ordinance No. Page. It was moved by and seconded by that the Ordinance as read be adopted, and upon mil call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum First Consideration 4/22/03 Vote for passage: AYES:Lehman, 0'Donne11, I~lbu~-n, Champion. NAYS Pfab, Kanner. ABSENT: None. ABSTAIN: Vandm'hoef. Second Consideration Vote for passage: Date published Prepared by: Shelley McCafferty, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 3'19-356-5243 (REZ03-00001) ORDINANCE NO. AN ORDINANCE CHANGING THE ZONING DESIGNATION FROM NEIGHBORHOOD CONSERVATION RESIDENTIAL, (RNC-12), TO OVERLAY HISTORIC PRESERVATION, (OHPIRNC-12), DESIGNATING THE PROPERTY LOCATED AT 30 SOUTH GOVERNOR STREET AS AN IOWA CITY HISTORIC LANDMARK. WHEREAS, the Iowa City Historic Preservation Commission has filed with the City a nomination for the designation of said property as an Iowa City Historic Landmark; and WHEREAS, the Historic Preservation Commission has reviewed and evaluated the significance of the building located on said property and has determined that it meets the requirements for designation as an Iowa City Historic Landmark; and WHEREAS, at its public hearing on December 12, 2002 the Historic Preservation Commission nominated the subject property for designation as an Iowa City Historic Landmark; and WHEREAS, at its meeting of February 20, 2003, the Planning and Zoning Commission recommended approval of the proposed landmark nomination; and WHEREAS, the State Historical Society of Iowa has reviewed said nomination and concurs with the assessment of the Historic Preservation Commission that the subject property meets the criteria for designation as a historic landmark; and WHEREAS, the designation of the subject property would be consistent with the goals and objectives of the City's Histodc Preservation Plan, which is an amendment to the City's Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The following described property is hereby designated as an Iowa City Historic Landmark pursuant to Title 14, Chapter 4, Land Control and Development, Article C, Historic Preservation Regulations: Governor Square W 116' of S 100' SECTION I1. 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 day of ,2003. Ordinance No. Page 2 MAYOR ATTEST: CITY CLERK Approved by City/~,ttorne);'s O~ce Ordinance No. Page. It was moved by and seconded by that the Ordinance as read be adopted, and upon tell call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum First Consideration 4/22/0;~ Vote for passage: AYES: 0'Donnell,' Pfab, W-ilburn, Champ'ion, Kanner, Lehman. NAYS: None. ABSENT: None. ABSTAIN: Vanderhoef. Second Consideration Vote for passage: Date published Prepared by: Shelley McCafferty, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-3,56-5243 (REZ03-00002) ORDINANCE NO. AN ORDINANCE CHANGING THE ZONING DESIGNATION FROM NEIGHBORHOOD CONSERVATION RESIDENTIAL, (RNC-20), TO OVERLAY HISTORIC PRESERVATION, (OHP/RNC-20), DESIGNATING THE PROPERTY LOCATED AT 802 WASHINGTON STREET AS AN IOWA CITY HISTORIC LANDMARK. WHEREAS, the Iowa City Historic Preservation Commission has filed with the City a nomination for the designation of said property as an Iowa City Historic Landmark; and WHEREAS, the Historic Preservation Commission has reviewed and evaluated the significance of the building located on said property and has determined that it meets the requirements for designation as an Iowa City Historic Landmark; and WHEREAS, at its public hearing on December 12, 2002 the Historic Preservation Commission nominated the subject preperty for designation as an Iowa City Historic Landmark; and WHEREAS, at its meeting of February 20, 2003, the Planning and Zoning Commission recommended approval of the proposed landmark nomination; and WHEREAS, the State Historical Society of Iowa has reviewed said nomination and concurs with the assessment of the Historic Preservation Commission that the subject property meets the criteria for designation as a historic landmark; and WHEREAS, the designation of the subject property would be consistent with the goals and objectives of the City's Histodc Preservation Plan, which is an amendment to the City's Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAl... The following described property is hereby designated as an Iowa City Historic Landmark pursuant to Tit~e 14, Chapter 4, Land Control and Development, Article C, Historic Preservation Regulations: Original Town of Iowa City S 87.5' of Lot 5 Block 3 & W 20.79' of S 87.5' Lot 6 Block 3 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 DATF. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of ,2003. Ordinance No. Page 2 MAYOR ATTEST: CITY CLERK Approved by City Ati~r~ey's~O~ce S ha red/pcdJhistpresJcamegie libmry/REZ01~]009 Ordinance No. Page. It was moved by and seconded by that the Ordinance as read be adopted, and upon tell call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum First Consideration 4/22/03 Vote for passage: AYES: Pfab, Wilbm-n, Champion, Kanner, Lehman, 0!Donnell. NAYS: None. ABSENT: None. ABSt~AIN:Vanderhoef. Second ConsideraUon Vote for passage: Date published Prepared by: Shelley McCafferty, Asscc. Plahner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ03-00003) ORDINANCE NO. AN ORDINANCE CHANGING THE ZONING DESIGNATION FROM NEIGHBORHOOD CONSERVATION RESIDENTIAL, (RNC-20), TO OVERLAY HISTORIC PRESERVATION, (OHP/RNC-20), DESIGNATING THE PROPERTY LOCATED AT 726 IOWA AVENUE AS AN IOWA CITY HISTORIC LANDMARK. WHEREAS, the Iowa City Historic Preservation Commission has filed with the City a nomination for the designation of said property as an Iowa City Historic Landmark; and WHEREAS, the Historic Preservation Commission has reviewed and evaluated the significance of the building located on said property and has determined that it meets the requirements for designation as an Iowa City Historic Landmark; and WHEREAS, at its public hearing on December 12, 2002 the Historic Preservation Commission nominated the subject property for designation as an Iowa City Historic Landmark; and WHEREAS, at its meeting of February 20, 2003, the Planning and Zoning Commission recommended approval of the proposed landmark nomination; and WHEREAS, the State Historical Society of Iowa has reviewed said nomination and concurs with the assessment of the Historic Preservation Commission that the subject property meets the criteria for designation as a historic landmark; and WHEREAS, the designation of the subject property would be consistent with the goals and objectives of the City's Historic Preservation Plan, which is an amendment to the City's Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The following described property is hereby designated as an Iowa City Historic Landmark pursuant to Title 14, Chapter 4, Land Control and Development, Article C, Historic Preservation Regulations: Original Town of Iowa City E 30' Lot 7 & W 30' Lot 8 Block 19 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 previsions 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 DATF This Ordinance shall be in effect after its final passage, approval and publication, as provided by law, Passed and approved this day of ,2003. Ordinance No. Page 2 MAYOR ATTEST: CITY CLERK S hare~pcd/hist pres/carnegie libra~7/REZ01-0009 Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon tell call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum First Consideration 4/22/03 Vote for passage: AYES: t~i'lbu~-n, Champion, Kanner, Lehman, 0'Donne]I, Pfab. NAYS: None. ABSENT: None. ABSTAZN: Vanderhoef. Second Consideration Vote for passage: Date published Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5247 (REZ03-00006) ORDINANCE NO. AN ORDINANCE CHANGING THE ZONING DESIGNATION FROM CB-2, CENTRAL BUSINESS SERVICES ZONE, TO CB-5, CENTRAL BUSINESS SUPPORT ZONE FOR BLOCK 67 OF THE ORIGINAL TOWN PLAT, EXCEPTING THE 6,000 SQUARE FOOT PROPERTY AT 130 NORTH DUBUQUE STREET. WHEREAS, due to a rezoning request of a property in Block 67 from CB-2, Central Business Service Zone, to CB-5, Central Business Support Zone, the City has initiated rezoning the remainder of Block 67 from CB-2 to CB-5, in order to preserve consistent and predictable zoning for all the properties on the block; and WHEREAS, the Iowa City Comprehensive Plan identifies the Near Northside commercial district, including Block 67, as appropriate for mixed use, residential/commercial development. WHEREAS, the proposed CB-5 zone allows more oppodunity for mixed-use development due to less stringent parking requirements and a higher allowable floor-to-area ratio; and WHEREAS, the Northside commercial area has historically developed as a mixed-use, pedestrian- oriented commercial area; and WHEREAS, Block 67 contains a mixture of uses including commercial, office, and religious institution, all of which will continue to be permitted in the CB-5 zone. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: ~. The property legally described below is hereby redesignated from CB-2 to CB-5: Block 67 of the Original Town Plat of the City of Iowa City, Iowa, excepting the north 75 feet of Lot 4 of Block 67. SECTION II 70NINC~ 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 CERTIFIQATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance which shall be recorded by the owner at the Office of the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. ~. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V SEVERABII ITY. 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 DATF. This Ordinance shall be in effect after its final passage, approval and publicafion, as provided by law. Passed and approved this __ day of ,20 MAYOR ATTEST: CITY CLERK Approved by City A omey's (~ffice Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, iA 52240; 319-356-5247 (REZ02-00021) ORDINANCE NO. AN ORDINANCE CONDITIONALLY CHANGING THE ZONING DESIGNATION FROM CB-2, CENTRAL BUSINESS SERVICE ZONE, TO CB-5, CENTRAL BUSINESS SUPPORT ZONE, FOR A 6,000 SQUARE FOOT PROPERTY AT 130 N. DUBUQUE STREET. WHEREAS, the applicant, Kevin Hanick, has applied for a rezoning from Central Business Service Zone, CB-2, to Central Business Support Zone, CB-5, for a 6,000 square foot property located at 130 N. Dubuque Street; and WHEREAS, the Iowa City Comprehensive Plan identifies the Near Northside commemial district, including the subject property, as appropriate for mixed use residential/commemial development; and WHEREAS, the proposed CB-5 zone allows more opportunity for mixed-use development due to less stringent parking requirements and a higher allowable floor-to-area ratio; and WHEREAS, the Near Northside commemial area has historically developed as a mixed-use pedestrian- oriented commercial area; and WHEREAS, to address concerns with the appearance of the structure being consistent with the historic character of the area, and historic landmarks on the block, property owner has agreed to a Conditional Zoning Agreement that defines appearance criteria for any new structure on the property. NOW, THEREFORE, BE' IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: ~. Subject to the terms and conditions of the Conditional Zoning Agreement, attached hereto and incorporated by reference herein, the property legally described below is hereby redesignated from CB-2 to CB-5: The north 75 feet of Lot 4, in Block 67, of the original Town Plat of the City of Iowa City, Iowa. SECTION II 7ONIN~ 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 CONDITIONAL ZONING AC~REEMENT. Following final passage and approval of this ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest to and record at the owner's expense, the Conditional Zoning Agreement between the property owner and the City. SECTION IV C. FRTIFICATION AND RECORr')ING. The City Clerk is hereby authorized and directed to certity and record a copy of this Ordinance at the owner's expense at the Office of the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. ~. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI SEVFRARII ITY. 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 VII. EFFECTIVE DATE This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of ,20___ MAYOR ATTEST: CITY CLERK Approved by City ~orney's Office Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5247 (REZ02-00021) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City") and Patricia Lenoch (hereinafter "Owner"). WHEREAS, Kevin Hanick, on behalf of the Owner, has requested that the City rezone approximately 6,000 square feet of property located at 130 N. Dubuque Street, from Central Business Service Zone, CB-2, to Central Business Support Zone, CB-5; and ~ WHEREAS, the property is located in a commercial area with numerous historic landmark buildings; and WHEREAS, the property is located on an entranceway into downtown Iowa City; and WHEREAS, Iowa Code 414.5 (2001) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change in zoning; and WHEREAS, Owner agrees that certain conditions and restrictions ara reasonable to address issues of compatibility with the historic character of the Near Northside commercial district and nearby historic landmark properties, and to ensure appropriate development on Dubuque Street, and entranceway to downtown Iowa City. NOW, THEREFORE, in consideration of mutual promises contained herein, the parties agree as follows: 1. Patricia Lenoch is the owner and legal titleholder of a 6,000 square foot property at 130 N. Dubuque Street, more particularly described as follows: The north 75 feet of Lot 4, in Block 67, of the original Town Plat of the City of Iowa City, Iowa. 2. Owner acknowledges that the City wishes to ensure that any structure on this property is compatible with the historic character of the area and appropriate for an entranceway into downtown Iowa City. 3. In consideration of the City's rezoning the property from CB-2 to CB-5, Owner agrees that the development of the subject property will conform to all the requirements of the CB-5 zone, as applicable, and the design of any new structure on the property shall be reviewed and approved by the City Design Review Committee, prior to a building permit being issued, according to the following criteria: a. The exterior walls facing the street shall be predominantly masonry; stone, or simulated stone may be used in combination with the brick. b. The entrance to the building shall be recessed and delineated by a canopy or awning, raised cornice, or similar architectural feature. c. Fenestration shall be predominantly vertical in proportion. d. The eave or parapet shall have a cornice. e. Signs shall be architecturally appropriate to the design of the building and context of the neighborhood. Appropriate types of signs include wall signs between the top of the first floor windows and the second floor, painted window signs, projecting signs, canopy or canopy roof signs. 1 f. Illuminated awnings shall not be utilized. g. The visual impression of the underground parking entrance shall be minimized. 4. Owner agrees to submit building elevation plans to the City Design Review Committee prior to requesting a building permit. The Owner shall obtain approval of the building elevation plans from the City Design Review Committee prior to a building permit being issued. Decisions of the City Design Review Committee may be appealed to the Iowa City Board of Adjustment. 5. Owner acknowledges that the conditions contained herein are reasonable conditions to impose on the land and under Iowa Code 414.5 (2001), and that said conditions satisfy public needs that are caused by the requested zoning change. 6. Owner acknowledges that in the event any portion of the subject property is transferred, sold, redeveloped, or subdivided, all development and redevelopment will conform with the terms of this Conditional Zoning Agreement. 7. The parties acknowledge that this Conditional Zoning Agreement will be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant running with the title to the land unless or until released of record by the City. The parties further acknowledge that this agreement will inure to the benefit of and bind all successors, representatives, and assigns of the parties. 8. Owner acknowledges that nothing in the Conditional Zoning Agreement will be construed to relieve the Owner from complying with all applicable local, state, and federal regulations. 9. The parties agree that this Conditional Zoning Agreement will be incorporated by reference into the ordinance rezoning the subject pi'operty and that upon adoption and publication of the ordinance, this agreement will be recorded in the Johnson County Recorder's Office. Dated this ~ day of '7'7'~ ,2003. OWNER CITY OF IOWA CITY Patricia Lenoch Ernest W. Lehman, Mayor Attested by: Marian K. Karr, City Clerk Approved by: Cit~ 2 Prepared by: Jessica Hlubek, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 ORDINANCE NO. 03-4070 AN ORDINANCE REZONING 1.6 ACRES FROM COMMUNITY COMMERCIAL (CC-2) TO PUBLIC (P) FOR PROPERTY LOCATED AT '1828 LOWER MUSCATINE ROAD, WHEREAS, Section 14-61-1 of the Iowa City zoning ordinance requires that land owned by a government entity shall be zoned P, Public; and WHEREAS, the City of Iowa City has initiated the rezoning of 1828 Lower Muscatine Road, owned by Kirkwood Community College, from CC-2, Community Commercial to P, Public; and WHEREAS, the new zoning classification is consistent with the zoning classifications of properties owned by the Federal government, the State, the County, the City, and all political subdivisions thereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: ~. The zoning designation for the property described below is hereby changed from CC-2, Community Commercial to P, Public: AUDITOR'S PARCEL 96059 Beginning at a point in the center of Lower Muscatine Rood which point is South 43°17'00" East 229.50 feet from the West line of Lot 5 of Ohl's Subdivision in Sections 14 and 23, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Iowa, as recorded in Plat Book 1, Page 121 in the Recorder's Office of Johnson County, Iowa; Thence N47°36'10"E along the Northwesterly line of the plat recorded in Book 30 on Page 292 in the Johnson County Recorders Office, 273.00 feet to the most Northerly corner thereof; Thence S43°27'35"E, 80.00 feet to a found 3/4" pipe; Thence S47°36'06"W, 49.21 feet; Thence N43°36'38"W, 40.00 feet; Thence S47°36'10"W, 223.82 feet to a point on the centerline of Lower-Muscatine Road; Thence N43°17'00"W along said centerline 40.00 feet to the Point of Beginning; containing 12,892 square feet. AUDITOR'S PARCEL 96060 Beginning at a point in the center of Lower Muscatine Road which point is South 43°17'00" East 269.50 feet from the West line of Lot 5 of Ohl's Subdivision in Sections 14 and 23, Township 79 North, Range 5 West of the Fifth Principal Meridian, Iowa City, Iowa, as recorded in Plat Book 1, Page 121 in the Recorder's Office of Johnson County, Iowa; Thence N47o36'10"E, 223.82 feet; Thence S43°36'38"E, along the Northwesterly Extension of the Northerly Line of the Warranty Deed recorded in Book 329, at Page 177, in the Recorders Office of Johnson County, and along the said Northerly Line, 190.00 feet, to the most Easterly Comer thereof; Thence S47~35'53"W, along the Southeasterly Line of said Deed, 191.90 feet, to the most Southerly Corner thereof; Thence N43°17'00"W, along the Southwesterly Line of said Deed, 150.00 feet, to the most Westerly Comer thereof, and a point on the Southeasterly Line of the plat recorded in Book 30, on Page 292 in the Recorders Office of Johnson County, Thence. S47°36'06"W, along said Southeasterly Line, 33.00 feet, to a point on the centerline of Lower Muscatine Road; Thence N43°17'00"W, along said Centerline 40.00 feet, to the Point of Beginning, containing 37,672 square feet. 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 RFC. ORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance which shall be recorded at the office of the county recorder of Johnson County, Iowa, upon final passage and publication as provided by law. ~. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERARII ITY. 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. Ordinance No. 03-4070 Page 2 Passed and approved this 22nd_day of April 20 03 Approved by City Attorney's Office Ordinance No. 03-4070 Page 3 It was moved by Champi on and seconded by. Pfab that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion ~ Kanner X Lehman X O'Donnell ~ Pfab X Vanderhoef X Wilbum First Consideration 3 / 1 ! / 03 Voteforpassage: AYES: Champion, Kanner, Lehman, 0'Donne~l, Pfab, Vanderhoef, Wilbur'n. NAYS: None. ABSENT: None. Second Consideration 4/8/03 Voteforpassage: AYES: t~'i'lbu~-n, Champion, Kannet', Lehman, O'Donne~], Pfab, Vanden'hoer. NAYS: None. ABSENT: NOne. Date published 4/30/03 Prepared by: Doug Boothmy, HIS, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5121 ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE TITLE 14, ENTITLED "UNIFORM DEVELOPMENT CODE," CHAPTER 5, ENTITLED "BUILDING AND HOUSING," ARTICLE E, ENTITLED "HOUSING CODE," TO ADD REGULATIONS FOR RENTAL PROPERTIES WHERE ON TWO OR MORE SEPARATE OCCASIONS WITHIN A 'I2-MONTH PERIOD OF TIME THE ISSUANCE OF A CRIMINAL COMPLAINT, MUNICIPAL INFRACTION, OR A WRITTEN NOTICE OF VIOLATION HAS OCCURRED. WHEREAS, Resolution 01-353 established a Neighborhood Housing Relations Task Force (hereinafter, "Taskforce") to fulfill the goal of improving peaceful habitation in Iowa City, and appointed 11 individuals representing the interests of tenants, landlords, and neighborhoods to serve on the taskforce; and WHEREAS, the taskforce submitted its proposed initiatives/report of the taskforce with the City Council on June 27, 2002; and WHEREAS, the taskforce report recommends that the City develop a process to identity and address properties that are subject to numerous or serious complaints, including a method for identifying such properties, establishing a process to work with the owners of such properties, and standards for meeting compliance; and WHEREAS, rental properties with chronic code violations have a negative impact on the quality of life, safety, and health of neighborhoods where they are located; and WHEREAS, rental properties with chronic code violations create a negative impact upon City services by numerous calls for service from various City departments; and WHEREAS, there is currently no procedure by which the City can require a rental property owner, manager, tenant, or other relevant parties to respond to and resolve chronic code violations; and WHEREAS, it is declared to be the purpose and intent to protect and preserve the City's neighborhoods and the public health, safety, and welfare of those who live therein; and WHEREAS, it is in the public interest to adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 14, entitled "Uniform Development Code," Chapter 5 entitled "Building and Housing," Article E entitled "Housing Code," Section 3 entitled "Definition" is hereby amended by adding the following new definitions as follows. Code Compliance Settlement Agreement: A written agreement that shall include a list of specific actions and a specific schedule of deadlines for actions to abate the current violation and avoid further code violations. It may also include provisions for periodic reassessment of the agreement or any written modification of the agreement. Property Management Action Plan: The property management action plan shall be a detailed written response from the property owner or owner's designated agent describing the manner in which the property owner will, within their legal authority, make a good faith effort to prevent nuisance activities from continuing. The plan shall be filed with the Department of Housing and Inspection Services for approval within 10 working days from the date of the notice of violation sent to the owner or owner's designated agent. Property Management Performance Guarantee: A cash deposit, certified check or irrevocable standby letter of credit in the amount of the estimated cost of the enforcement costs, to be determined by the City Manager or designee. 2. Title 14, entitled "Uniform Development Code," Chapter 5 entitled "Building and Housing," Article E entitled "Housing Code," Section 13 entitled "Appeals Board; Variances and Appeals," is hereby amended by replacing existing Paragraph A1 with the following new paragraph A1: Ordinance No. Page 2 Appeals to the Appeal Board may be taken by any person affected by any decision of the Director or designee or by any written notice. Any person wishing to seek a variance to the Housing Code may petition the Appeals Board for relief. 3. Title 14, entitled "Uniform Development Code," Chapter 5 entitled "Building and Housing," Article E entitled "Housing Code," Section 13 entitled "Appeals Board; Variances and Appeals," is hereby amended by revising paragraph A2 by adding the words "a decision or" in first sentence after the word "modifies". 4. Title 14, entitled "Uniform Development Code," Chapter 5 entitled "Building and Housing "Article E," entitled "Housing Code," Section 16 entitled "Certificate of Structure Compliance and Rental Permit," Section C entitled "Rental Permit," Paragraph 1 entitled "Scope of Permit," is hereby amended by adding the following sentence to Paragraph 1: The rental permit shall also state the maximum occupancy and the telephone number for the property owner or designated agent. 5. Title 14, entitled "Uniform Development Code," Chapter 5 entitled "Building and Housing," Article E entitled "Housing Code," Section 16 entitled "Certificate of Structure Compliance and Rental Permit," Section C entitled "Rental Permit," Paragraph 5 entitled "Revocation of Permit," is hereby repealed in its entirety and replaced with a new Paragraph 5 entitled "Required Procedures Prior to Commencement of Rental Permit Sanctions," as follows: 5. Required Procedures Prior to Commencement of Rental Permit Sanctions: (a) Following a violation that serves as a basis for rental permit sanctions, written notice shall be given by the City to the owner or owner's designated agent of the premises at which the code violation occurred. The notice is to be sent by regular mail. (b) Following a second violation that serves as a basis for rental permit sanctions within a twelve- month period, the City shall schedule a code compliance settlement meeting involving landlords, tenants, and others whose corrective action is considered necessary by the City to abate and avoid further code violations. The notice of the meeting is to be sent by regular mail within 10 working days of the City providing notice to the owner or owner's agent as required above. (1) The desired outcome of the code compliance settlement meeting will be to obtain a code compliance settlement agreement in which relevant parties, including the owner or owner's designated agent and the tenant(s), agree to take corrective action to abate and avoid further code violations. (2) The owner, owner's designated agent, and/or tenant is in violation of this provision under the following circumstances: · Does not attend a code compliance settlement meeting. · Fails or refuses to sign a code compliance settlement agreement within 48 hours of receiving the proposed agreement from the City. · Subsequently fails or refuses to comply with any conditions or requirements set forth in a code compliance settlement agreement. (3) Violation of this provision authorizes the City to impose Rental Permit sanctions. The City in its determination may consider, without limitation, the following factors: · Level of cooperation of the parties in attempting to resolve issues. · Level of disturbance associated with the violations. · Impact of violations upon neighbors or other victims. · Degree to which parties have taken reasonable steps to try and resolve problems. · History of City and State code violations. 6. Title 14 entitled "Uniform Development Code," Chapter 5 entitled "Building and Housing," Article E entitled "Housing Code," Section 16 entitled "Certificate of Structure Compliance and Rental Permit," Ordinance No. Page 3 Section C entitled "Rental Permit," is hereby amended by adding a new Paragraph 6 entitled "Defenses to an Enforcement Action of the Provisions of this Section," as follows: 6. Defenses to an Enforcement Action of the Provisions of this Section: It shall be a defense to an enforcement action pursuant to the provisions of this section if an owner or owner's designated agent has: (a) Reported the violation to law enforcement, (b) Evicted or attempted to evict by commencing and pursuing with due diligence all legal remedies to evict those tenants charged with one of the specified violations. It is not the intention of this provision to apply to tenants who have not been charged with one of the specified violations, (c) Undertaken and pursued with due diligence, reasonable means to avoid a recurrence of code violations on the premises by the present and future tenants or occupants of the premises, or (d) Executed a property management action plan. The defenses set forth in this section shall not be available to any person who fails to attend a code compliance settlement meeting. 7. Title 14 entitled "Uniform Development Code," Chapter 5 entitled "Building and Housing," Article E entitled "Housing Code," Section 16 entitled "Certitlcate of Structure Compliance and Rental Permit," Section C entitled "Rental Permit," is hereby amended by adding a new Paragraph 7 entitled "Rental Permit Sanctions," as follows: 7. Rental Permit Sanctions: Comment: Sanctions may be applied to an individual dwelling unit, the entire rental dwelling, or the premises. Each separate violation shall count as a basis for a rental permit sanction unless the owner qualifies for a defense to enforcement under subsection 6. The following sanctions may be imposed upon a rental permit: (a) Reduced-term rental permit (one-year rental permit); (b) Suspension of rental permit; and (c) Revocation of rental permit. 8. Title 14 entitled "Uniform Development Code," Chapter 5 entitled "Building and Housing," Article E entitled "Housing Code," Section 16 entitled "Certificate of Structure Compliance and Rental Permit," Section C entitled "Rental Permit," is hereby amended by adding a new Paragraph 8 entitled "Bases for Reduced-Term Rental Permit," as follows: 8.The Director may issue a reduced-term rental permit with conditions for any of the following reasons: (a) The owner, any occupant, and/or any of their guests on two or more separate occasions within a 12-month period of time have been issued criminal complaints for violations of the following provisions of the Iowa Code, City Code or U.S. Code on the premises of a rental property. (1) Iowa Code Chapter 124, Sections 401 and 403 (controlled substance) (2) Iowa Code Chapter 708, Sections 708.1 (assault), 708.3 (assault while participating in a felony), 708.4 (willful injury), 708.6 (terrorism), 708.11 (stalking) (3) Iowa Code Chapter 724, Sections 724.3 (unauthorized possession of offensive weapons), 724.16A (trafficking in stolen weapons), 724.30 (reckless use of a firearm) (4) Iowa Code Chapter 123, Sections 123.46 (consumption or intoxication in public places), 123.47 (possession of alcohol under legal age) (5) Iowa Code Chapter 716, Sections 716.3 (criminal mischief in the first degree), 716.4 (criminal mischief in the second degree), 716.5 (criminal mischief in the third degree), Ordinance No. Page 4 716.6 (criminal mischief in the foudh degree), 716.6A (criminal mischief in violation of individual rights), 716.7 (trespass) (6) Iowa Code Chapter 719, Section 719.1 (interference with official acts) (7) Iowa Code Chapter 723, Sections 723.1 (riot), 723.4 (disorderly conduct) (8) Title 13, U.S. Code, Sections 841, 842, 843, 844, 846, 856, and 861 (controlled substances) (9) City Code Title 4, Chapter 5, Section 3 (consumption of alcohol in a public place) (10) City Code Title 4, Chapter 5, Section 4 (possession of alcohol under the legal age) (11) City Code Chapter 4 (Noise Control) (12) City Code Title 8, Chapter 5, Section 1 (disorderly conduct) (13) City Code Title 8, Chapter 5, Section 3C (obstructing an officer) (14) City Code Title 8, Chapter 5, Section 4 (damaging or defacing property) (15) City Code Title 8, Chapter 5, Section 5 (disorderly house) (16) City Code Title 8, Chapter 5, Section 6 (indecent exposure) (b) The owner, any occupant, and/or any of their guests on three or more separate occasions within a period of 12 months have been issued municipal citations or written notices of violations for the following provisions of the City Code of Iowa City on the premises of a rental property. (1) City Code Title 14, Chapter 5 (Building & Housing) (2) City Code Title 14, Chapter 6 (Zoning) (3) City Code Title 6, Chapter 1 (Nuisances) (4) City Code Title 6, Chapter 3 (Weed Control) (5) City Code Title 6, Chapter 9 (Graffiti) The reduced-term rental permit will be a one-year rental permit required to be renewed annually. This sanction shall be in effect for a period of not less than four years and annual licensing inspections and fees are required. The Director may require any of the following with the issuance of a reduced-term rental permit: compliance with Iowa Code and/or City codes; submittal of a copy of the current lease agreement; payment of all City fees; payment of all court costs and fines; execution of a property management action plan; provision of a property management performance guarantee; and any other information the City deems necessary for enforcement of any provision of the Iowa Code or City Code. 9. Title 14 entitled "Uniform Development Code," Chapter 5 entitled "Building and Housing," Article E entitled "Housing Code," Section 16 entitled "Certificate of Structure Compliance and Rental Permit," Section C entitled "Rental Permit," is hereby amended by adding a new Paragraph 9 entitled "Bases for Suspension of a Rental Permit," as follows: 9. Bases for Suspension of Rental Permit: The Director may suspend a rental permit for any of the following reasons: (a) Failure to comply with the conditions of the reduced-term rental permit. (b) Failure to comply with a coud decision concerning the violation of any provision of Section 14-5E- 19. (c) Adjudication by the court that the owner, owner's designated agent, or persons acting on behalf of the owner has: a) violated the maximum occupancy provisions of the City Code; b) illegally used or allowed the illegal use of nonhabitable or nonoccupiable space; or c) illegally converted space to habitable use. (d) Failure to comply with an order to abate a dangerous building. (e) Failure to comply with any emergency order or placarding of a structure. Ordinance No. Page 5 (f) Additional violations by the tenants or owner of the Iowa Code, City Code, or U.S. Code occur within one year of the conditions imposed pursuant to the reduced-term rental permit. A rental permit shall be suspended for no more than 180 days beginning from the date of the Director's decision or a court ruling on a municipal infraction and no later than at the end of the current lease period unless a property management plan is executed. 10. Title 14 entitled "Uniform Development Code," Chapter 5 entitled "Building and Housing," Article E entitled "Housing Code," Section 16 entitled "Certificate of Structure Compliance and Rental Permit," Section C entitled "Rental Permit," is hereby amended by adding a new Paragraph 10 entitled "Bases for Revocation of a Rental Permit," as follows: 10. Bases for Revocation of Rental Permit: The Director may revoke a rental permit for any of the following reasons: (a) Failure to comply with an order to abate a dangerous building; (b) Failure to comply with an emergency order or placarding of a structure; (c) Failure to comply with suspension of rental permit; (d) More than one basis for rental permit suspension within two years of the reinstated permit previously having been suspended; (e) The owner or owner's designated agent convicted for making false statements on a rental permit application, and/or Informational Disclosure and Acknowledgement form. A rental permit shall be revoked for not less than one year beginning from the date of the Director's decision or a court ruling on a municipal infraction. 11. Title 14 entitled "Uniform Development Code," Chapter 5 entitled "Building and Housing," Article E entitled "Housing Code," Section 16 entitled "Certificate of Structure Compliance and Rental Permit," Section C entitled "Rental Permit," is hereby amended by adding a new Paragraph 11 entitled "Reinstatement of a Rental Permit," as follows: 11. Reinstatement of Rental Permit: (a) Suspended Permit: A suspended permit shall be reinstated upon completion of the suspension period and execution of a property management action plan. (b) Revoked Permit: An application for a new permit may be made after one year from the date revocation was effective. The application shall be processed in the same manner as an initial rental permit application, and requires execution of a property management action plan. (c) Transfer of ownership does not modify or alter any sanction imposed unless approved by the City or unless the transfer is an arms-length transaction between disinterested parties as determined by the City. 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. Ordinance No. Page 6 Passed and approved this day of ,20__ MAYOR ATTEST: CITY CLERK City Attorney's Office hisadm/ord/n uisa ncepro p.doc 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: Champion Kanner Lehman O'Donnell Pfab . Vanderhoef Wilbum First Consideration 4/22/03 Voteforpassage: AYES: Champion, Lehman, 0'Donne]l, Pfab, Vanderhoef. NAYS:Kanner, Wilburn. ABSENT: N~ne. Second Consideration Vote for passage: Date published Page 1 of 1 Marian Karr From: Margie Peskin [mcpeskin@yahoo.com] Sent: Monday, April 14, 2003 2:08 PM To: cou ncil@iowa-city.org Subject: nuisance ordinance Dear City Council, I am writing to support the proposed nuisance ordinance that is to be voted on April 22nd. I am unable to attend the meeting but wish to convey my strong opinion that such an ordinance would fully support the reasons that my family and I chose to live in Iowa City. We live on College Street, and while I understand that in any college town there is a mix of rental and owned properties (we moved here from Ann Arbor, MI in August 2002), the ordinance merely holds rental property owners to the same standard of the laws that full time property owners hold themselves to in an effort to make our neighborhood and good place to raise children. Trash on lawns, among other concerns, needs to be picked up and disposed of so that broken bottles are not on the sidewalks and streets. This ordinance allows the city to act on a law that has already been approved of and strongly supported by the neighborhood groups that make up the voting block of Iowa City. I strongly urge City Council to support the passing of this ordinance. Thank you. Margie Peskin Margie Peskin 1123 East College Street iowa City, IA 52240 (319) 466-9375 mpeskin@alumni.w fu.edu Do you Yahoo!? Yahoo! ~ax.~enter - File online, calculators, forms, and more 4/14/03 Iowa City Council 410 East Washington Street Iowa City, Iowa 52240 Dear Council Members: During the four years we served on the Iowa City Neighborhood Council. We listened to reports from persons who were concerned about recurring problems with loud parties, consistently trashed properties, drug dealing, and even personal harassment and damage to their property etc. when they attempted to reason through solutions with the disruptive neighbors. The Neighborhood Council met with the Chief Winkelhake and with Doug Boothroy. They reported problems with current regulations and with staff being insufficient to address these chronic disruptions in life in the neighborhoods. The Neighborhood Council brought the concerns to the City Council and the Housing Relations Task Force was appointed to investigate nuisance problems in the neighborhoods and to make suggestions for solutions. The proposed Regulations for Nuisance Rental Properties addresses problems such as those we received on the Neighborhood Council. We certainly support the adoption of the proposed Regulations for Nuisance Rental Properties. The regulations seem to be a positive approach to solving nuisance problems by cooperative efforts of all involved yet have the teeth to be certain problems are resolved. Sincere'~v, ~ ~_.~-- Charles and Margaret Felling 825 SOuth Seventh Avenue Iowa City, IA 52240 319-338-6994 Marian Karr From: Sarah Buss [sarah-buss@uiowa.edu] Sent: Wednesday, April 16, 2003 3:38 PM To: cou ncil@iowa-city.org Dear City Councilors: We would like to register our support for the proposed Nuisance ordinance. As we understand it, this ordinance would provide a useful mechanism for addressing the problems that arise when people persistently violate various property-related codes. We live in the Northside; and we believe that the ordinance would have a positive impact on our neighborhood. The city codes are so reasonable -- and so easy to abide by -- that with the passage of the ordinance, noncompliant neighbors in the Northside will have the extra incentive they need to help keep the neighborhood an attractive, safe, and pleasant place to live. Any tenant or homeowner who is already committed to being a good neighbor will welcome this ordinance. Sincerely, Sarah Buss Paulson and Henry Paulson Marian Karr From: Barbara M. Buss [72703.2457@compuserve.corn] Sent: Wednesday, April 16, 2003 8:39 AM To: Iowa City City Council Subject: Nuisance Ordinance Barbara M. Buss 747 West Benton Street Iowa City, IA 52246 319-351-3309 e-mail: 72703.2457@compuserve.com April 15, 2003 To the members of the Iowa City City Council: I am writing once again to urge your support for the Proposed Regulations to the Nuisance Ordinance. The Neighborhood Housing Relations Task Force which drafted this proposal was formed in response to concerns expressed by many neighborhood representatives to the Neighborhood Council. Different neighborhoods had different particular concerns, but we had in common a concern that the health of our neighborhoods was being adversely affected by transient residents with no long term investment in our neighborhoods, and by landlords willing to take advantage of this market. It is not my intention here to su~narize all of these problems, but rather to bring to your attention to the serious consequences of over-occupancy - the reduction, if not elimination, of iow cost housing (for rent or purchase}. Over-occupancy is the means by which the rent for properties is priced beyond the range of a single family. Over-occupancy is the means by which adjacent properties become unattractive to potential home owners. As the availability of iow cost housing (for rent or sale) is reduced, the proportion of permanent to transient residents is reduced. A few landlords gain, but the stability of the neighborhood and its demographic value to the City are lost Affordable housing must be located in affordable locations, i.e.,those within close proximity to schools and places of work. These are the locations that provide the greatest markets for tenants willing to over-occupy and landlords eager to over-let. The City is in jeopardy of losing these centrally located neighborhoods as stable neighborhoods with iow cost housing if it fails to enforce the occupancy rates in these areas. I believe that by overlooking this fact and failing to adopt and enforce the Proposals of the Task Force, you throw into question your support for iow cost housing in Iowa City. Sincerely yours, Barbara M. Buss "Committed to improving the Quality of life in the Wetherby Park Area" www.jccniowe.org/~Wethenby/ Wetherby Friends and Neighbors (An Iowa City, Iowa Neighborhood Association) bear Council/~embers, Luring the course of our lives, jobs, and duties most of us are fairly settled into our routines. Time goes along and all that seems to happen is that we get older. But every so often something comes along that changes everything. Something happens where we can really make a difference. Such an issue is before you now. The opportunity where you can make such a difference is here now. This opportunity is in the form of the proposed Nuisance Ordinance. We don't expect you to understand oll of the problems that have led up to this moment, for most of you are rather removed from them. We don't expect you to know what it is like to be awakened in the middle of the night because of your neighbor's loud parties nor understand the fear of being retaliated against if action is taken. We don't expect you to understand what it is like to have drug dealers operating out of the apartment complex you live in and the threats put on your life if you tell anyone about it. You don't have to understand each and every consequence to tenants and neighborhoods because some Landlords over let their buildings, maintain them poorly, and fail through inaction to keep their tenants from becoming nuisances to the general public. What we do expect is that you understand that these problems really do exist. That you believe the Neighborhood Associations when they plead to you that their neighborhoods need help now. This Ordinance is not about the rights of the few. It is about the rights of the many. It is about the rights of the vast majority of the Citizens and Landlords of :Iowa City who choose to be socially responsible and follow the laws of our City and State. This Ordinance does not ask for anything that State and Federal HUb law does not allow. P, ecently in the Wetherby Neighborhood we questioned o Landlord whose tenant had their car shot up nine times in the street. The Landlord had not even heard about this and when told was not concerned about it at oil. The only thing she kept saying was that it did not matter to her because the tenant always paid their rent on time in cash and did not understand why the neighborhood association was so upset] Wetherby Friends and Neighbors basic premise is that everyone deserves a safe and peaceful place to live. We feel that this should be a corner stone of Council's thinking also. This Ordinance does not repair all of the damage but it does go a long way towards that end. This Ordinance will affect no one except those who choose to break our laws. We expect that a few Landlords will shout about this. These will be the same ones who for years refused to talk about the problems or even admit that they exist because they don't want change. Neighborhood problems mean nothing to them - they don't have to live in or near these problem properties. The time has come to make a stand. It is now up to you to stand up on the side of all of the law abiding Citizens and Landlords of Iowa City. We expect you to make a difference in our lives and our futures. We expect you to vote yes for the Nuisance Ordinance as it is. On behalf of Wetherby Friends and Neighbors, ~Terry Honsen Chairman - Wetherby Friends and Neighbors "Committed to improving the C~uality of life in the Wetherby Park Area" www.jccniowa.org/~Wether by/ Wetherb y riend$ and Neighbors (An Iowa Oity, Iow~ hborhood Association) bear Council buring the course of ives, jobs, and duties of us are fairly settled into our routines. Time goes ~nd all that seems zen is that we get older. But every so often something along that chal es everything. 5omething happens where we can really make a :erence. 5u( an issue is before you now. The opportunity where you can a is here now. This opportunity is in the form of the proposed Nuisance We don't expect you to the problems that have led up to this moment, for most of you are rather re from them. We don't expect you to know what it is like to be awakened middle of the night because of your neighbor's loud parties nor of being retaliated against if action is taken. We don't expect you to /hat it is like to have drug dealers operating out of the apartment con and the threats put on your life if you tell anyone about it. You ,ave to each and every consequence to tenants and neighborhoods some Landlords ,~r let their buildings, maintain them poorly, and fail through to keep from becoming nuisances to the general public. What we do expect is you understand that roblems really do exist. That you believe the Nei iborhood Associations when they lead to you that their neighborhoods need help/~ w. This Ordinance is not obout the ~hts of the few. Zt is about the rights of 'e many. ~t is about the rights of the v~t majority of the Citizens and Landlor( of ~owa City who choose to be socially r~p~ible and follow Marian Kart From: paula o. brandt [pobrandt@avalon.net] Sent: Wednesday, April 16, 2003 7:46 PM To: cou ncil@iowa-city.org Subject: Nuisance Ordinance Dear Council Hembers, We would like to support the proposed Nuisance Ordinance because we believe it will improve the quality of life for residents in many Iowa City neighb©rheods, including our own, the Northside. One reason we support it is because it provides consistency. We have a very large apartment complex a few yards from the back of our house, and it is uncomfortable being at the whim of whoever the current landlord is. One landlord, when problems would arise, would say, "don~t call me, call the police." The next landlord said, "don'f call the police, call me! I~ll work it out with the tenants. We want to be good neighbors." The property is currently for sale, se who knows what the next owner's attitude towards neighbors will be? A second reason is because of what, according to opponents, is a likely consequence ef the proposed "21" law. Hany times we have heard opponents say that if the law is passed, students will be forced from downtown bars, where there is adult supervision, to neighborhood house parties, where there will net be adults te keep an eye on their behavior, and who knows what could happen?! These opponents believe that it is someone else's responsibility--not their own, certainly--to help them control their drinking, unruly behavior, and the pesslbility of their doing harm to themselves or others. Clearly, it takes a village to raise these children. If the bartenders/managers/waitstaff are no longer going to be that village, it falls on us--the neighbors--to be even more vigilant regarding house parties that may get out of control. The nuisance ordinance will help us protect these young people from themselves, since many of them have stated there's going to be trouble in the neighborhoods if the "21" law passes. While we have mixed feelings about the "21" law, we de not have mixed feelings about unruly, destructive, loud, and dangerous parties that keep others in the neighborhood from enjoying their own homes and a sound night of sleep. We urge you to support the neighborhoods by passing this ordinance. Thank-you. Paula and Lowell Brandt 824 N. Gilbert St. Iowa City, IA 52245 354-6948 Marian Karr From: Michael Wright [michael-wright@uiowa.edu] Sent: Wednesday, April 16, 2003 1:21 PM To: cou ncil@iowa-city.org Subject: Nuisance Ordinance 15 April 2003 doc A~17719 {xt Good afternoon. Attached te this email is a letter written on behalf ef the Longfellow Neighborhood Association. Thank you for your time and attention to this important issue. Michael Wright President Longfellow Neighborhood Association *** eSafe scanned this email for malicious content *** IMPORTANT: Do not open attachments from unrecognized senders *** 15 April 2003 Longfellow Neighborhood Association 815 Roosevelt St. Iowa City, Iowa 52240 Iowa City City Council Civic Center 410 E. Washington St. Iowa City, Iowa 52240 Dear Councilors: On behalf of the Longfellow Neighborhood Association, I am writing to urge your approval of the proposed rental Nuisance Ordinance. This issue boils down to helping keep our neighborhoods livable, especially the core neighborhoods of Iowa City, by giving some bite to current code requirements. Here are some examples of problem houses in the Longfellow Neighborhood: From one rental at different points in time: Cars parked on the lawn, across the sidewalk; Furniture on the lawn; Broken bottles on the lawn; mountains of garbage piled willy-nilly along the house. At least 8 documented complaints registered with the city. From another: weekly after-bar parties commencing about 2 AM, attended by upwards of 50 people. Loud music, etc. Police were called on a regular basis. One neighbor finally took to breaking up the parties by strolling through them with his German Shepherd. Landlord was not responsive to neighbors'concerns. From yet another, probably over-occupied rental: up to 8 cars parked in the yard. Repeated citations issued by police. The proposed measure would likely have prevented or abated the above problems. While the ordinance would single out rental properties, experience seems to show that most of the chronic problem houses, at least in the core neighborhoods, are rentals, not owner-occupied. The ordinance is not a laundry-list of new regulations. All it does is give enforcement officials some tools to provide tenants and landlords an incentive to clean up behavior, property, or both. With the proposed 21 ordinance likely to pass, we believe the Nuisance Ordinance to be a very important preventative measure. In sum, we urge the Council to support Nuisance Ordinance. It is moderate, fair, and reasoned. Sincerely, Michael Wright President Longfellow Neighborhood Association Marian Karr From: claire-sponsler@uiowa,ed u Sent: Thursday, April 17, 2003 9:13 AM To: cou ncil@iowa-city.org Subject: proposed nuisance ordinance Dear Councillors: As a resident of the Northside, I support the proposed nusiance ordinance and urge the City Council te do se as well. Given the inadequacies of existing methods of regulating code violations, the proposed ordinance offers the best chance we now have for ensuring the liveability of older neighborhoods that contain large numbers of rental properties. To cite just one example of the need for action, nearly every day when I walk to work, I pass a ene-block stretch of rental properties on East Davenport that have trash, beer bottles, and junked furniture in their front yards and en their perches, and in winter, unshoveled and impassable sidewalks. Despite frequent reperts of these cede violations te the Heusing Inspection effice, there has been ne real change: the violations are repeated again and again, since there is little incentive under the current system fer landlords to make the effort te maintain their properties or to ensure that their tenants do so. As result, this block is an eyesore and, at times, a hazard. Ail residents of Iowa City--renters as well as owners--deserve to live in safe, quiet, clean, and orderly neighborhoods. The nuisance ordinance will make it harder for landlerds to deny them that right. I hope that the Council will consider the plight of the many peeple--students, families, retirees--who are condemned by the current system to live with these unpleasant and unsafe conditions; suppert of the nuisance ordinance would be an opportunity to help them. Sincerely, Claire Sponsler 413 N. Gilbert St. Marian Karr From: SWOUDE@aol.com Sent: Thursday, April 17, 2003 3:56 PM To: cou ncil@iowa-city.org Subject: Proposed Nusiance Ordinance changes Dear Mayor and members of City Council, First, I want te say thank yeu for the time you've spent addressing safety and quality-of-life concerns in our neighborheods. I appreciate that you've lisfened to my neighbors and me share our frustrations of living near poorly-maintained rental properties, managed by unrespensive owners & corporatiens, or eccupied by disrespectful tenants. I'm net, however, cenvinced that the proposed nusiance erdinance is necessary. Whe am I? I'm a Nerthside resident, raising a young family in a century-eld house. Hy children attend Horace Harm Elementary Scheol. My husband and I restored the original Town Hall building, now an Iowa City historic landmark and Northside business, and also own several rental properties on the Northside. I'm an advecate for older, diverse neighborhoods. I'm an advocate for older neighborhood schools. I regularly assist others in relocating te Iowa City and enceurage them to relocate to the Northside neighborheod. Truly, I want to see eur neighberhood become more "live-able". My deisre is that all properties would be beautifully-maintained and be occupied by interesting and respectful neighbors who contribute to our community. The Nerthside neighberhood clearly has problems with "nusiance properties," and I appreciate your willingness to help. But I would prefer to see you implement stiffer fines on those who break the rules and demand greater enforcment of the current City regulations. Thank you fer your consideration, Barbara van der Woude - 509 Brewn Street Marian Karr From: Marc Light [marc-light@uiowa.edu] Sent: Monday, April 21, 2003 11:46 AM To: council@iowa-city.org Cc: twalker@avalon.net; Sarah Buss Subject: Nuisance Rental Properties Dear Council: We live at 225 East Davenport at the corner with Linn: a block from Pagliai's Pizza. We have two daughters and a dog; we are a family trying to live in the Northside. We are surrounded by rentals. In general, we like our neighbors: - one group of guys has a black lab that plays with ours, - we play bags with our neighbors (the horseshoe-like game), - we received banana bread for the Easter weekend from group living next door. However, there are some bad eggs (or good eggs acting irresponsibly} and they ruin it for everyone. When the weather is above 50 degrees, we are woken up past midnight at least once a week: - fireworks and M-80 explosives shake our house, - motorcycle engines rev for the fun of it, and - roaring parties spill out into the yards and streets. We have also had items taken from our side porch and broken in the street, and then there is the constant battle to keep our yard clean of cups, general trash, and worse. We believe that the vast majority of the renters in the Northside are responsible, considerate people -- and we like living among them. But there is a minority that has to be dealt with. We believe that the ordinance changes related to Nuisance Rental Properties will encourage appropriate behavior. Please adopt these changes. Sincerely, Marc Light and Jill Gaulding Marian Karr From: Campo, Shelly [shelly-campo@uiowa.edu] Sent: Tuesday, April 22, 2003 2:50 PM To: 'cou ncil@iowa-city.org' Cc: 'emb34@cornell.edu' Subject: nuisance ordinance Dear City Ceuncil Hembers, Z hepe that all of you intend to vote in favor of the nuisance ordinance. I live in the downtewn area (1022 East College Street), and my neighbors and stand firmly behind the ordinance. This is an important issue that local residents are paying attentien to. Although the ordinance will affect very few tenants and landlords directly, it will greatly benefit the neighberheods in which problem properties exist. The ordinance provides additional ways in which to support and enforce existing laws such as noise vielatiens. Problem tenants and landlerds must he held acceuntable fer repeated violations. Why should the police need to be continually called back to the same property, and why sheuld local residents pay fer the unfortunate behaviers efa few? Certainly there is plenty of demand for rental properties and landlords should have no problems renting te law abiding tenants. Hichelle L. Campo Shelly Campo, Ph.D. Assistant Professor Dept. of Community & Behavioral Health Dept. of C©r~munication Studies 200 Hawkins Drive, E237 GH College of Public Health University of Iowa Iowa City, Iowa 52242 Phone: 319/384-5393 Fax: 319/384-5385 E-mail: shelly-campo@uiowa.edu Marian Karr From: MBur~@dcpa.org Sent: Tuesday, April 22, 2003 4:15 PM To: council@iowa-city,org Cc: walkersic@yahoo.com Subject: RE: Iowa City Nuisance Ordinance - PLEASE EMAIL CITY COUNCIL Dear Mr. Boothroy, I live at 2 Triangle Place, just off Melrose Avenue, near the football stadium. I am very concerned about overcrowding in rented houses in our single family neighborhood. In my areas it leads to insufficient parking, littering of lawns and streets, and excessive number of visitors who efter stay overnight. I endorse any action the city can take te preserve the feeling ef single family neighborhoods for those ef us living near campus. Ingo R. Titze > From: Ingo Titze > Sent: Monday, April 21, 2003 8:30 AM > To: Inge Titze > Subject: Fwd: Iowa City Nuisance Ordinance - PLEASE ENU~IL CITY COUNCIL > > > ............... Text ef forwarded message ............... > >Date: Fri, 18 Apr 2003 14:54:45 -0700 {PDT) > >From: Jean Walker <walkersic@yahoo.com> > >Subject: Iowa City Nuisance Ordinance - PLEASE EN~IL CITY COUNCIL > >To: Steve Bruell <bruell@uiowa.edu>, Marc Linder <marc-linder@uiowa.edu>, > > Hal Richersen <richersonh@mchsi.com>, Michael Maharry > > <nlmaharry@yahoo.com>, > > Edward Mason <edward-mason@uiowa.edu>, > > Karen Mennonite <lstmenno@avalon.net>, > > Yannick Heurice <yannick-meurice@uiowa.edu>, > > Abigail Natvig <abigail-natvig@uiowa.edu>, > > Jennifer Oltz <jennifer-eltz@uiowa.edu>, > > Carl Orgren <carl-orgren@uiowa.edu>, Derek Pagel <derek-pagel@uiewa.edu>, > > Harty Potash <marty-potash@uiowa.edu>, > > Hark/Carole Ramsey <mcramsey@inav.net>, > > Steven Richardson <steven-richardson@uiowa.edu>, > > James Robinson <james-rebinson@uiowa.edu>, > > Annette Schlueter <schluetera@uihc.uiowa.edu>, > > Brianne Shepherd <brianne-shepherd@uiowa.edu>, > > Bill Snider <bill-snider@uiowa.edu>, Fred Stern > > <frederick-stern@uiowa.edu>, > > Laura Stern <lstern@unt.edu>, > > Shel Stremquist <shelten-stremquist@uiewa.edu>, > > Ann StromquistH <astromqu@aol.cem>, Erik Swenson <erik-swenson@uiowa.edu>, > > Stephen Thayer <thayers@uihc.uiowa.edu>, Erda Thomas <erda@ia.net>, > > Ingo Titze <ingo-titze@uiowa.edu>, > > Douglas Trevor <douglas-trevor@uiowa.edu>, > > Ted Welter <ted-welter@uiewa.edu>, > > Christian West <christian-west@uiowa.edu>, > > Mike Widness <mwidness@mchsi.com>, > > Lynne Wittkopf <lynne-wittkepf@uiewa.edu> > >Status: >> > >Dear Neighbors: >> > >Iowa City has been working ena Nuisance Ordinance > >concerning rental properties. Basically it is te > >protect neighborhoods from noise, trash etc. I > >attended a City Council meeting 4/7 where it was > >presented by Doug Boothroy (head of Housing and > >Building Inspection) and discussed by the councillors. >> > >As I understand it, the city came up with a draft > >ordinance which some landlords thought was toe severe > >and the city is working to revise/finalise it. If we > >wish to enjoy a peaceful neighborhood, we need to > >speak up and let the council know what problems we are > >concerned about. For brief details of the Ordinance, > >go to: > ><http://www.icgov.org/housing/rental/nuisance togs.btm> >> > >The Ordinance will have its first consideration by the > >Council 4/22 and other readings May 6 and May 20. > >Public comment is allowed at those meetings. IF > >POSSIBLE, PLEASE ATTEND ONE OF THESE MEETINGS - > >preferably on 4/22 - see the next email for details of > >when this item will be on the agenda or go to: > ><http://www.icgov.org/councilagendas.asp> >> > >If you cannot attend a meeting, PLEASE EMAIL THE CITY > >COUNCIL WITH YOUR CONCERNS/COMMENTS - send your email > >{before 5 pm on Tuesday 4/22 if possible) to: > >council@iowa-city.org > >"attn. Doug Boothroy" > >If you would like to, please also send me a copy of > >your email, so that we can coordinate our concerns. >> > >Thanks! > >Jean Walker >> >> > >Do you Yahoo!? > >The New Yahoo! Search - Faster. Easier. Bingo > >http://search.yahoo.com> > > > Prepared by: Mitchel T. Behr, Assistant City Attomey, 4'10 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 3, ENTITLED "CITY FINANCES, TAXATION AND FEES", CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALITIES", TO ADD CERTAIN SECTIONS TO SECTION 8, ENTITLED "VIOLATION OF VARIOUS CODE SECTIONS" AND ADD A NEW SECTION 9, ENTITLED "NON-MOTORIZED VEHICLE VIOLATIONS", IN ORDER TO SET SPECIFIC FINES FOR CERTAIN VIOLATIONS. WHEREAS, charges based on City Code simple misdemeanors for which no penalty is specified may require court appearances and result in issuance of arrest warrants for defendants' failure to appear in court; and, WHEREAS, it is in the public interest to set specified penalties for certain City Code simple misdemeanors related to alcohol, littering, animals, bicycles, and non-motorized vehicles to decrease arrest warrants being issued in these matters. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. City Code Title 3, entitled "City Finances, Taxation and Fees", Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties", Section 8, entitled "Violation of Various Code Sections", is hereby amended to add the following City Code sections and fines: Description of Fee, Charge, Bond, Amount of Fee, Charge, City Code Chapter, Fine or Penalty Bond, Fine or Penalty Article or Section Reference Open Container of Alcohol $50.00 4-5-5 Reporting Diseased Animals $25.00 8-3-2 Prohibited Acts and Conditions (Animals) $25.00 8-3-4 Animal Control Administration and Enforcement $25.00 8-4-2(D) Ordinance No. Page 2 Animal Control Licensing and Vaccination Requirements $25.00 8-4-3 Reporting of Animal Bite $25.00 8-4-4(B) Animal Nuisances $25.00 8-4-5 Animal Prohibitions and Requirements $25.00 8-4-6 Releasing or Molesting Animals $25.00 8-4-10 Responsibility of Animal Owner $25.00 8-4-11 Animal Permits $25.00 8-4-12 Public Urination $50.00 8-5-6(C) Littering $10.00 14-3H-11(C)(1-3) SECTION I1. AMENDMENT. City Code Title 3, entitled "City Finances, Taxation and Fees', Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties", is hereby amended to add a new Section 9, entitled "Non-Motorized Vehicle Violations" as follows: Description of Fee, Charge, Bond, Amount of Fee, Charge, City Code Chapter, Fine or Penalty Bond, Fine or Penalty Article or Section Reference Prohibited on Arterial Streets in Central Bus. Dist. $10.00 9-1-7(A)(1) Stay as Far to the Right of the Road (except when making a left turn) $10.00 9-1-7(A)(2)(a) Follow Flow of Traffic $10.00 9-1-7(A)(2)(b) Operate in Careful and Prudent Manner $10.00 9-1-7(A)(2)(c) Obey Traffic Laws $10.00 9-1-7(A)(2)(d) Reflective Device or Clothing Required After Dusk $10.00 9-1-7(A)(2)(e) Prohibited in Parking Ramps and Lots $10.00 9-1-7(B) Must Yield to Pedestrians on Sidewalks $10.00 9-1-7(C) Prohibited on Sidewalks in Central Bus. Dist. $10.00 9-1-7(D) Clinging onto Motor Vehicles $15.00 9-1-8 SECTION II1. AMENDMENT. The first sentence of City Code Title 3, entitled "City Finances, Taxation and Fees", Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties", Section 1, entitled "Purpose", is hereby repealed and replaced with the following: The purpose of this chapter is to set forth those fees, rates, charges, bonds, fines and penalties authorized to be charged by the city pursuant to state law governing city utilities or enterprises, as defined in Chapter 384, Code of Iowa, as amended, and to set forth specific fines for certain simple misdemeanor offenses. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions 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 No. Page 3 Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of ,20 MAYOR ATTEST: CITY CLERK Approved by Cio Atto~n~yT~Office Mitch/E/Scheduled V'~ations/Ord Ordinance No. Page. It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call them were: AYES: NAYS: ABSENT: Champion . Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum First Consideration 4/8/'03 Voteforpassage: AYES: Champion, Lehman, 0'Donnel], Pfab, Vanderhoef, Wilburn. NAYS: Kanner. ABSENT: None. Second Consideration 4/22/03 Vote for passage: AYES: Lehman, 0'Donne11, Pfab, Vanderhoef, Wilburn, Champion. NAYS: Kanner. ABSENT: None. Date published by Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240; ORDINANCE NO. ORDINAN' AMENDING TITLE 4, ENTITLED "ALCOHOLIC CHAPTER NTITLED "PROHIBITIONS AND RESTRICTIONS" THE CITY CODE ROHIBIT PERSONS WHO ARE UNDER THE AGE FOR LAWFUL HASE AND POSSESSION OF ALCOHOLI( FROM ENTERING REMAINING IN ESTABI LIQUOR CONTROL ~ WINE OR BEER PERMITS HOURS OF 10:00 P.M. AND WHEREAS, underage drinking has a signi' and negative impact on the health, safety and welfare of its citizens; WHEREAS, as evidenced by of char for Possession of Alcohol Under the Legal Age, a significant number of legal drinking age are accessing alcohol in establishments whose primary after the hour of 10:00 p.m., is the sale of alcoholic beverages; and WHEREAS, the Iowa City City Council to prevent persons under the legal drinking age from entering or remaining in such .~nts. NOW, THEREFORE, BE IT ORDAINE BY CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section I. AMENDMENT. Title 4 Beverages", Chapter 5, entitled "Prohibitions and Restrictions" of the hereb, to add a new section 8 as follows: Section 4-5-8: PERSON,' LEGAL AGE IN OR PERMITTED ESTABLISHMENTS. A. No person, association, corporation, or club holding a liquor control or beer permit, which on the premises consumption, nor his agents or employees shall allow a has not yet attained the age for pumhase and possession of alcoholic (hereinafter referred to as "ur the legal age") to enter or remain in the or permitted establishment e hours of 10:00 p.m. and closing. B. However, provisions of subsection (A) shall not apply when: (1) The rson under the legal age is an employee of the license or rmit holder, or pe contracted service for the license or permit ~e premises, premises during his or her scheduled work hours. (2) legal age is accompanied by a parent, g lic partner registered as such under Section 2-6-3 of the City who is of legal age for the purchase of alcoholic beverages. The licensee or permittee applies for and qualifies for an exception from the chief of police, or his or her designee, as follows: ~ (a) A licensee or permittee whose primary business purpose is not the salb~of alcoholic beverages, wine or beer may qualify for an exception by filing w~h the City Clerk a verified statement from a certified public accountant or ah. accountant which establishes that on average over ,a calendar year more~, than fiftY (50) percent of the licensee's or permittees gross sales on the~ premises are from the sale of goods or services other than alcoholic ~, beverages, wine or beer, which sales shall not include income from fees~ charged to gain entry to or remain on the premises, such as cover charges ~ dr nk mixes or any part of an alcoholic beverage as defined in Chapter 123~ of the State Code. The statement shall state the actual percentage of sL sales and be based on records made in the regular course of the licen,, or permittee's business. (b) In addition to the aforementioned statement, proof of qualificatior the exception may include the business records on which the is based, state and federal tax records, applications for dram she ~nsurance and audits performed to determine dram shop insurance and receipts from vendors for goods purchased, which record,' be made to the Chief of Police or designee for review upor Jest. (c) Chief of Police or designee shall issue an exce certificate if the has satisfied the above requirements. (d) An certificate shall be effective for the of the alcoholic li¢ roi license, wine or beer permit. (e) A new or permittee as opposed to one for a renewal of an existing or permit, whose primary busin~ the sale of alcoholic ~ges, wine or beer may a temporary 6 months if the licensee's or business plan anticipates sales as subsection 3(a) of section and the licensee or permittee submits affidavit the nature of the new establishment and anticipated p of sales of food and non- alcoholic beverages, the end 6 month period the licensee or permittee may obtain certificate for the remainder of the duration of the license or with subsections (a) through (c) hereof if sales during the nth period support an exception. (f) To be effective in excepting censee or permittee from the prohibition in subsection A hereof, the issued by the Chief of Police or designee must be poste to the licensed or permitted establishment in view icensed or permitted establishments. (4) The person under legal on the during a time that the licensee or permittee has, in accord, with a written ce and plan given in advance to and approved by of Police or nee, suspended dispensing alcoholic beverages licensed premises, plan must provide a method by which alcoholic will be out-of-sight reach of patrons. If the plan is approve~ the Chief of Police or desi shall issue a certificate approving the which certificate shall be every entrance to the licensed in view of patrons of theor permitted establishmE It shall be the strict duty of a see permitting such under the legal age onto the licensed ursuant to such a plan, the agents and employees of the licensee or to under the legal age from consuming or possessing alco on ~ premises. ~ / C. I~e .~'~ 10:00 p.m. and closing, no person under the legal age shall"etnter into or re ~in the premises of a licensed or permitted establishment which autho~zes on the ~i,~ consumption unless: ~ the person is accompanied by a parent, guardian, spouse or domestic pa~ner registered as such under Section 2-6-3 of the City Code who is of legal age'f~r the purchase of alcoholic beverages; ~ (2) the person is an employee of the licensee or permittee or performing a contracted service for the license or permit holder on the premises, and is on the premises during his or her scheduled work hours; or ~ (3) a valid exception certificate is posted pursuant to subsection 4-5-8(B)(3) of this Section or a valid certificate approving a non-alcoholic event is posted pursuant to subsection 4-5-8(B)(4) of this section. ..x..D. Unless a valid exception certificate under the provisions of 4-5-8 this Section has been obtained and posted, or a certificate approving a Jnder the provisions of Section 4-5-8(B)(4) of this Code has been posted the duration of the event, the holder of a liquor control license, wine authorizes on premises consumption, shall obtain from the City post a entrance to the licensed or permitted establishment patrons of the .~d or permitted establishment, stating: Persons Under the Legal Age For Lawful Pu~ and Possession of AI~ Beverages. You are sub : to a fine of $250.00 for being on premises between the hours of 10:00 and closing unless: 1. you are by a parent, guardia or domestic partner re such under Section 2-6-3 Code who is of legal age for the bever~ or 2. you are an of this establi.~ or performing a contracted service with and are on the premises during hours. Said notices will be prepared b available at no charge. E. (1) A person under the legal age v > violates the provisions of subsection (C) of this section is guilty of a simpl punishable by a penalty of Two Hundred Fifty and 00/100 E 50.00) (2) Violation of the ' ' ions (A) or (D) of this section shall be a municipal infraction. Section II. REPEALER. All arts of ordinances in conflict with the provisions of this Ordinance are Section III. If any section, or part of the Ordinance shall be adjudged to be invalid or such adj~ shall not affect the validity of the Ordinance as a whole or an provision or part reof not adjudicated invalid or unconstitutional. Section IV. EFFEC'I DATE. This Ordinance shall on August 1, 2003. Passed and a day of MAYOR ATTE CITY CLERK City Attorney's Office Eleanor\ord\under21ordinance.doc Ordinance No. Page. was moved by and seconded by that the upon roll call there were: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum First Consideration Vote for passage: ;: Lehman, Pfab, Vande Wilburn, Champion. NAYS:Kanner, 0'Donnell. ABSENT: Second Consideration Vote for passage: Date published Prepared by Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 4, ENTITLED "ALCOHOLIC BEVERAGES", CHAPTER 5, ENTITLED "PROHIBITIONS AND RESTRICTIONS", OF THE CITY CODE TO PROHIBIT PERSONS WHO ARE UNDER NINETEEN (19) YEARS OF AGE FROM ENTERING OR REMAINING IN ESTABLISHMENTS WITH LIQUOR CONTROL LICENSES OR WINE OR BEER PERMITS BETWEEN THE HOURS OF 10:00 P.M. AND CLOSING. WHEREAS, underage drinking in Iowa City has a significant and negative impact on the health, safety and welfare of its citizens; and WHEREAS, as evidenced by the number of charges for Possession of Alcohol Under the Legal Age, a significant number of persons under the legal drinking age are accessing alcohol in establishments whose primary purpose, particularly after the hour of 10:00 p.m., is the sale of alcoholic beverages; and WHEREAS, the Iowa City City Council desires to prevent persons under the age of nineteen (19) from entering or remaining in such establishments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section I. AMENDMENT. Title 4, entitled "Alcoholic Beverages", Chapter 5, entitled "Prohibitions and Restrictions" of the City Code is hereby amended to add a new section 8 as follows: Section 4-5-8: PERSONS UNDER LEGAL AGE IN LICENSED OR PERMI'I-i'ED ESTABLISHMENTS. A. No person, individual, association, corporation, partnership or chub holding a liquor control license, wine or beer permit, which authorizes on the premises consumption, nor his or her agents or employees shall allow a person who has not yet attained the age of nineteen (19) years of age to enter or remain in the licensed or permitted establishment between the hours of 10:00 p.m. and closing. B. However, the provisions of subsection (A) shall not apply when: (1) The person under nineteen (19) years of age is an employee of the license or permit holder, or performing a contracted service for the license or permit holder on the premises, and is on the premises during his or her scheduled work hours. (2) The person under nineteen (19) years of age is accompanied by a parent, guardian, spouse or domestic partner registered as such under Section 2-6-3 of the City Code who is nineteen (19) years of age or older. (3) The licensee or permittee applies for and qualifies for an exception certificate from the chief of police, or his or her designee, as follows: (a) A licensee or permittee whose primary business purpose is not the sale of alcoholic beverages, wine or beer may qualify for an exception by filing with the City Clerk a verified statement from a certified public accountant or an accountant which establishes that on average over a calendar year more than fifty (50) percent of the licensee's or permittee's gross sales on the premises are from the sale of goods or services other than alcoholic beverages, wine or beer, which sales shall not include income from fees charged to gain entry to or remain on the premises, such as cover charges, drink mixes or any part of an alcoholic beverage as defined in Chapter 123 of the State Code. The statement shall state the actual percentage of such sales and be based on records made in the regular course of the licensee's or permittee's business. (b) In addition to the aforementioned statement, proof of qualification for the exception may include the business records on 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, which records shall be made available to the Chief of Police or designee for review upon request. (c) The Chief of Police or designee shall issue an exception certificate if the licensee has satisfied the above requirements. (d) An exception certificate shall be effective for the duration of the alcoholic liquor control license, wine or beer permit. (e) A new licensee or permittee as opposed to one applying for a renewal of an existing license or permit, whose primary business purpose in not the sale of alcoholic beverages, wine or beer may obtain a temporary 6 months exception certificate if the licensee's or permittee's business plan anticipates sales as required by subsection 3(a) of this section and the licensee or permittee submits an affidavit which details the nature of the new establishment and the anticipated percentage of sales of food and non- alcoholic beverages. At the end of the 6 month period the licensee or permittee may obtain an exception certificate for the remainder of the duration of the license or permit in accordance with subsections (a) through (c) hereof if sales dudng the 6 month period support an exception. (f) To be effective in excepting the licensee or permittee from the prohibition in subsection A hereof, the exception certificate issued by the Chief of Police or designee must be posted at every entrance to the licensed or permitted establishment in view of patrons of the licensed or permitted establishments. (4) The person under nineteen (19) years of age is on the premises during a time that the licensee or permittee has, in accordance with a written notice and plan given in advance to and approved by the Chief of Police or designee, suspended dispensing alcoholic beverages on the licensed premises. Said plan must provide a method by which alcoholic beverages will be out-of-sight and reach of patrons. If the plan is approved, the Chief of Police or designee shall issue a certificate approving the event, which certificate shall be posted at every entrance to the licensed establishment in view of patrons of the licensed or permitted establishment. It shall be the strict duty of a licensee or permittee permitting such persons under nineteen (19) years of age onto the licensed premises pursuant to such a plan, and the agents and employees of the licensee or permittee, to prevent persons under the legal age from consuming or possessing alcoholic beverages on said premises. C. Between 10:00 p.m. and closing, no person under'nineteen (19) years of age shall enter into or remain on the premises of a licensed or permitted establishment which authorizes on the premises consumption unless: (1) the person is accompanied by a parent, guardian, spouse or domestic partner registered as such under Section 2-6-3 of the City Code who is nineteen (19) years of age or older; (2) the person is an employee of the licensee or permittee or performing a contracted service for the license or permit holder on the premises, and is on the premises during his or her scheduled work hours; or (3) a valid exception certificate is posted pursuant to subsection 4-5-8(B)(3) of this Section or a valid certificate approving a non-alcoholic event is posted pursuant to subsection 4-5-8(B)(4) of this section. D. Unless a valid exception certificate under the provisions of 4-5-8(B)(3) of this Section has been obtained and posted, or a certificate approving a non-alcoholic event under the provisions of Section 4-5-8(B)(4) of this Code has been obtained and posted for the duration of the event, the holder of a liquor control license, wine or beer permit, which authorizes on premises consumption, shall obtain from the City Clerk and post a notice at every entrance to the licensed or permitted establishment in view of patrons of the licensed or permitted establishment, stating: Notice to Persons Under Nineteen (19) Years of Age. You are subject to a fine of $250.00 for being on these premises between the hours of 10:00 p.m. and closing unless: 1. you are accompanied by a parent, guardian, spouse or domestic partner registered as such under Section 2-6-3 of the City Code who is nineteen (19) years of age or older; or 2. you are an employee of this establishment or performing a contracted service with respect to this establishment and are on the premises during your scheduled work hours. Said notices will be prepared by the City Clerk and available at no charge. E. (1) A person under nineteen (19) years of age who violates the provisions of subsection (C) of this section is guilty of a simple misdemeanor punishable by a penalty of Two Hundred Fifty and 00/100 Dollars ($250.00) (2) Violation of the provisions of subsections (A) or (D) of this section shall be a municipal infraction. Section I1. 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 adjudicated invalid or unconstitutional. Se~ion IV. EFFECTIVE DATE. This Ordinance shall take effect on August 1, 2003. Passed and approved this day of ,20 MAYOR ATTEST: CITY CLERK oved by: ~ .~ City Attorney's Office Eleanor~ord\under21 ordinance.doc Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon mil call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum First Consideration 4/22/03 Voteforpassage:AYrS: Vaf~derh0ef; ~lilburn, Champion, Kanne~, Lehman, 0'Donne11. NAYS: Pfab. ABSENT: None. Second Consideration Vote for passage: Date published Student Twenty-One Policy (STOP) Task Force 21 Recommendations The policy recommendations in this brief were created by a 12-person panel of students from a diverse range of student groups, organizations, backgrounds, and major fields of study. The proposal was agreed upon unanimously by the task force and represents our ideas on what can be done to improve the downtown atmosphere and curb underage drinking. Bar Policy 1. 19 Ordinance: Adopt a 19 bar ordinance, with the exception of allowing students who are 18 into establishments with a college student ID. 2. Wristbands: Require that all bars use wristbands; one to identify those over 21 and a different color for those underage. 3. 21 Signs: Signs should be placed in the main entrance of every bar, visibly reminding patrons that you must be 21 to consume alcohol. 4. Monitoring: Bars should devote at least one employee to monitor patrons to ensure that underage people do not consume alcohol in their establishment. 5. Free Soda and Water: If an establishment serves alcohol, they need to offer free soda and water so patrons are encouraged to consume beverages other than alcohol. 6. Mandatory Training: All bar employees should be required to go through training (i.e. TIPS) that is certified by the Iowa City Police Department. Advertising 1. No Drink Special Ads: Since the DI is a newspaper geared toward students, there should be agreement on the part of all of the bar owners to eliminate usage of drink specials in their advertising. 2. Disclaimer: All ads should have a disclaimer that says underage patrons are not allowed to consume alcohol in their establishment. Alternatives 1. New Activity Ideas: Alcohol alternatives are currently being pursued by UISG and the STOP task force: a. 10,000 Hours concert to reward students for community service. b. Old Capital movie theater renovation and revitalization. c. Install a bowling alley in the old JC Penney space in Old Capital Mall. d. Change Planet X area to a 24-hour hang-out and study area, with a coffee shop and pool tables. e. Use the downtown FitZone and keep it open until 3am as an alternative to the bars. 2. Alcohol-Free Nights: Consider making certain nights (i.e. 1 night a month, etc.) alcohol-free in the downtown area to provide alternatives to students. Zoning Consider creating a more "other than bar" (i.e. retail) friendly zoning policy so that businesses other than bars can be successful in the downtown area. Monitoring Create a task force with broad community representation to monitor the effectiveness of these changes and report their findings regularly and directly to the City Council. Marian Karr From: C Lake [c[ake42@hotmail.com] Sent: Thursday, April 17, 2003 9:02 AM To: council@iowa-city.org Subject: 21 -Ordinance I am writing to reaffirm my opposition to the ordinance which would make it illegal for people under 21 to enter bars. This law will not solve the problem of underage drinking in Iowa City, it will merely sweep this problem under the rug. It is illegal in Iowa for a person to drink alcohol under the age of 21. This does not mean it should be illegal for a person under 21 to dance, see a band, or have a burger and fries at a favorite tavern. I am an adult Iowa City resident and I ask you not to vote in favor of this law which will not be effective and has no chance of surviving a referendum. Chris Lake 816 S Gilbert St #2 Iowa City 52240 Protect your PC - get McAfee.com VirusScan Online http://clinic.mcafee.com/clinic/ibuy/campaign.asp?cid=3963 Krere. Inc. B/B/A Mclnnerneys Sports Pub & Grill 16! H~ 1 Wes( Gateway Center Iowa City, iowa ~2246 April 09 2003 ~ ' Dear City Council: ~. ~ I still have a few unanswered questions I would like to have resolved before the next reading of the new "21 Ordinance". 1. How do you want me to handle the identification of parents, spouses, and [cgl~J~ed:dian~ I do not think it will come up that often in my business, but it would be nice to know what I am expected to do. 2. Are wedding receptions going to have some sort of exemption? I think the council needs to take a look at how this ordinance could affect wedding receptions. I currently have one scheduled for next year from 8pm to midnight, so I need an answer on this issue. 3. I understand the City Council wants to hold the liquor license holders more responsible, but having a fine on my business because someone broke the law by using a fake ID, or by sneaking in, is in my opinion not a good idea. By having signs posted at all entrances and exits that we do not allow those under 21 in after 10pm, and by IDing everyone who comes in, I am doing my part to enforce the 21 ordinance. Having an escalating fine of $100 to $250, then $500 to punish the liquor license holder for trying to enforce an unpopular law, that we all know people are going to try. and break, seems ridiculous. It is similar to saying that if there is a shoplifting problem at Hy-Vee, which there is, and someone breaks that shoplifting law, which many people do, then Hy-Vee should be fined for allowing it to happen! Hy-Vee does not want shoplifters, and ! do not want those under 21 in my establishment. I have always held out that Mclnnerney's is a 21 bar, and I am part of the solution to underage drinking, not part of the problem! 4. I would like to go on record that the set fine of $250 is not going to be much of a deterrent to those young adults who want to get into liquor license ~ They will most likely have good fake ID's, and will probably think that with 10,000 people out on the weekends, that a small handful of police will not find them. I would urge the council to have an escalating fine, up to the maximum amount allowed under state law, for the "Young adult (18 to 20) or minor" (17 and under). Maybe 1st offense $250, 2nd offense $375, then $500 for 3rd and subsequent. This will not be very popular, but it will be better than just a set fine of $250 each time. I would like clarification and answers to all these questions; and would appreciate it if the City. Council would review my ideas for fining the person breaking the laws, and not the liquor license holder for try. lng to uphold the law. I do not think that the liquor license holders in Iowa City will ever come together and give Council a "Magic Bullet" to solve the underage and Binge drinking problem that has been going on in Iowa City, so I understand why some of you want to pass this 21 ordinance. As I have stated many times, I do not agree with the idea of a strict 21 law. If it becomes law, then I will enforce it, like I do all liquor laws that apply to running my business. The bottom line is that if I post the notices required by the 21 ordinance, and I take reasonable care in checking ID's, and make sure everyone under 21 is done eating and out of my establishment by 10pm, I think it is unfair to fine my business because someone else is caught trying to break the law. Thank you for your consideration of my letter. Dave Moore Co-Owner, McINNERNEY'S Sports Pub and Grill 019)248-1619 Marian Karr From: Gwendolyn Archibald [glill@engineering.uiowa.edu] Sent: Tuesday, April 15, 2003 1:38 PM To: cou ncil@iowa-city.org Subject: 21 ordinance Dear Council Members: As a current graduate student at The University of Iowa, I wanted to take this opportunity to express my opinion on about the 21-only ordinance. I believe that by forcing the establishments to uphold the law in this matter, it will solve more problems than it will create. No ordinance will completely eradicate the drinking on the campus, but by taking away the easy access for students under 21, it will most certainly decrease the amount of dangerous binge drinking. I attended The University of Iowa during my undergrad, and throughout that time I have seen the ped mall turn from a great place to shop and hang out to one long strip mall of restaurant bars and clubs. The owners of these establishments, no matter how they may argue, are getting rich from serving drinks to underage patrons (whether they intend it to be so or not). New students coming to The University of Iowa have the notion that binge drinking is part of the college experience, and by having more than 40 bars that allow underage patrons only blocks from the residence halls, the community is reinforcing that message. I believe that it's time that the University and Iowa City community come together on this issue, and give students the opportunity to build rituals and traditions on this campus that do not involve alcohol. Sincerely, Gwendolyn C. Archibald UI Graduate Student Marian Karr From: Kathleen Janz [kathleen-janz@uiowa,edu] Sent: Tuesday, April 15, 2003 9:38 AM To: cou ncil@iowa-city.org Subject: 21 ordinance Dear Council Members, There is a strong research base to indicate that restricting bar access to the legal age decreases high-risk drinking. As a UI professor who cares about the well-being of the students I teach and as an Iowa City resident who no longer goes downtown on weekends because of the vomit and urine on the sidewalks, I am supportive of the 21-ordinance that you are now considering. Please pass this ordinance with out compromise. Thank you. Kathy Janz Kathleen F. Janz, EdD Associate Professor Department of Health and Sport Studies 130 FH, University of Iowa, Iowa City, IA 52242 Phone: 319 335-9345 Fax: 319 335-6669 kathleen-janz@uiowa.edu http://www.uiowa.edu/~hss/ March 6, 2003 City Council of the City of Iowa City 410 E. Washington Iowa City Iowa 52240 RE: Proposed ordinance to prohibit underage adults from entering alCOhol licensedl establishments. Dear Iowa City Council Members, I am writing to you to express my objection to the passing of an ordinance, which ~uld prohibit underage adults from entering an alcohol-licensed establishment. I acknowledge that underage drinking and over consumption of alcohol are issues that should be addressed in Iowa City, but I believe that the proposed ordinance would have negative effects on my community for the following reasons: 1. Bars and restaurants provide a safer environment than private parties. 2. It is not illegal to dance, Play billiards and arcade games, attend drag shows, attend concerts and bands, listen to poetry readings, watch comedy shows or socialize. 3. The ordinance will force several entertainment venues out of business. 4. Many restaurants that are subsidized by the entertainment venues will be forced out of business. 5. Late night dining will be restricted. 6. Many full time jobs and hundreds of high paying student jobs will be lost. 7. Students will be less likely to attend The University of Iowa. Students will be less likely to have visitors come to Iowa City. 8. Bars and restaurants contribute a substantial amount of money to Iowa City charities and philanthropies. I agree that underage drinking and over consumption of alcohol is an issue in Iowa City. I do not agree n~ew regulation or laws are the way to solve it. I suggest enforcing current laws, education,'so,~al norming and forming a task force of community members to work t°gether altem ives to olve the issue. Print Name: ?~.~.t-- '~' ~3_~5 Li Age (Optional):../~//~ Address: lO0 ~)d..c,L,ln~H .II Additional Comments: March 6, 2003 City Council of the City of Iowa City 410 E. Washington Iowa City, Iowa 52240 RE: Proposed ordinance to prohibit underage adults from entering alcohol licensed. . establishments. .... Dear Iowa City Council Members, ::~! ;~: ~ I am wr ting to you to express my objection to the passing of an ordinance, whicl'ff~ould prohibit underage adults from entedng an alcohol-licensed establishment. I acknowledge that underage ddnking and over consumption of alcohol are issues that should be addressed in Iowa City, but I believe that the proposed ordinance would have negative effects on my community for the following reasons: 1. Bars and restaurants provide a safer environment than private parties. 2. It is not illegal to dance, play billiards and arcade games, attend drag shows~a~end ,, concerts and band,,s, listen to poetry readings, watch comedy shows or socialize3 ~. The ordinance will force several entertainment venues out of business. 4. Many restaurants that are subsidized by the entertainment venues will be forced out of business. 5. Late night dining will be restricted. 6. Many full time jobs and hundreds of high paying student jobs will be lost. 7. Students will be less likely to attend The University of Iowa. Students will be less likely to have visitors come to Iowa City. 8. Bars and restaurants contribute a substantial amount of money to Iowa City charities and philanthropies. I agree that underage ddnking and over consumption of alcohol is an issue in Iowa City. I do not agree new regulation or laws are the way to solve it. I suggest enforcing current laws, education, social norming and forming a task force of community members to work together with the city are better alternatives to solve the issue. Print Name: ~-~ ~ ~hr~x~ Age (Optional): Address: (015 N. ~'")~J~c~u,~ ~ :~(~: JoW~ (~,~'~. /f~ 52 AdditionalComments: '~L~L~(J -/7~.~J~r~/'' . . Message Page I of 1 Marian Kart From: Ryan Meyer [rm@computetechnologies.com] Sent: Monday, April 14, 2003 1:26 PM To: council@iowa-city.org Subject: Proposed 21 and over ordinance To Whom It May Concern: I'm writing to voice my opinion on the proposed ordinance currently under debate by the City Council. As an minor myself, I find these age discrimination laws quite appalling. Further, the pure stupidity of this ordinance baffles me. When doing a math problem, if your solution continues to fail you, do you try another method or continue using the same failing method? Obviously, you change your approach and try again. If attacking the bar owners is not the goal of this ordinance, then why approach the problem with the same failed method? Has there been any effort to add sober entertainment to the area? Any effort to educate students on the problems of binge drinking? Or is this a weak excuse of an attempt to solve a problem without offering any real solution? I'm thoroughly disappointed in the Council's lack of thought and concern. If this passes, you can guarantee Iowa City won't be blessed with my presence. Sincerely, Ryan Meyer Ryan Meyer Managing Director, CEO & President Compute Technologies Inc West Des Moines, iA Toll Free: 800.691.8414 Mobile: 515.710.8401 Fax: 515.223.3046 4/14/03 Marian Karr From: Budke, Katie [katie-boutott@uiowa.edu] Sent: Monday, April 14, 2003 4:08 PM To: 'cou ncil@iowa-city.org' Subject: 21 Ordinance Dear Iowa City City Council Members, My name is Katie Budke and I am a Health Educator for Student Health Service at The University of Iowa, as well as a recent graduate (May 2001) from The University of Iowa. I am writing to voice my opinion of the issue of the 21 ordinance. I fully support the 21 ordinance. As a Health Educator for the University, I see first hand all of the negative consequences that underage, high-risk drinking has on the lives of many University of Iowa students. There is plenty of research out there that suggests "access" to the bars is what brings about high-risk drinking habits amongst underage students. Therefore I am encouraging you to pass this ordinance, despite the fact that it might not be the popular thing to do. This ordinance is in the best interest of all those who oppose it. Thank you for your time. Katie Budke, B.S., CHES Health Educator Health Iowa/Student Health Service The University of Iowa 4169 Westlawn Building Iowa City, IA 52242 (319) 335-8388 Marian Karr From: Fletcher, Amy [amy-fletcher@uiowa.edu] Sent: Friday, April 11,2003 3:56 PM To: 'cou ncil@iowa-city.org' Subject: 21 Ordinance' City Council Members, I am an Iowa City resident who is in favor of the 21-ordinance. I personally feel that individuals under the age of 21 should not be permitted in a bar atmosphere, given the legal drinking age of 21. I believe that this is not a discussion about changing the drinking age or limiting the rights of those who are of legal age. I believe that a 21 ordinance is important to reduce high-risk drinking in our co~unity. I support your decision to limit entrance to bars to those above the legal drinking age of 21. Sincerely, A~y Fletcher 422 Upland Avenue Iowa City, Iowa 52242 Marian Karr From: Joey McCollum [joseph-mccollum@uiowa.edu] Sent: Friday, April 11, 2003 2:00 PM To: cou ncil@iowa-city.org Dear Council members - My name is Joey McCollum, I am currently enrolled at the University of Iowa and have followed the decisions you have made concerning the lives of the young adults at the University. While I may be in somewhat agreement that underage kids drink downtown, what makes me skeptical is that, now in the time of making the bars 21, councilors haven't tackled this issue within the last 60 or some odd years. We have left the issue alone, for the most part, until now, a time when kids are more informed then ever about the consequences of drugs and alcohol through mass media, DARE programs, and personal experiences. People may look at the overwhelming number of PAULA tickets given out this year, but you can't tell people that you think there is 50% more underage drinking going on than in the past, it's just not true. The PAULA tickets are a result of extra funding and more bar raids, not from more underage drinking. What worries me the most is that council members and advocates of the 21 law is that these are the same people who don't know of the socialization that goes on downtown with or without drinking at the local bar establishments. That is what most kids go for, to meet people around the university, it's a great thing and unique to most college campuses across the nation. To make decisions for the legal adults in our town just doesn't seem right to me, especially a decision that many of these young adults, university students, are vehemently against. I realize that the ball is rolling within the city council for the bars to turn 21, but it affects me greatly, so I needed to put my two cents in. Thanks for listening. -Joey McCollum Marian Karr From: Mohr, Nicholas [MohrN@mail.medicine.uiowa,edu] Sent: Saturday, April 12, 2003 11:21 PM To: cou ncil@iowa-city.org Subject: Proposed 21+ Ordinance Dear Councilmembers: I am a University of Iowa student writing to voice my opinion en the proposed 21+ ordinance that has recently been in the news. This is my first year in Iowa City after Naving graduated from Iowa State University in last spring. I know that you have all the facts and statistics on this issue, so I wanted to just briefly offer one mere opinion into your decision. As you know, this ordinance affects much more than simply the people allowed into drinking establishments--it involves the culture of a co~lunity. It is about distinguishing Iowa City as one of wild and tolerant freedom, or as one of an established Hidwestern ce~:lunity that has a draw for mere than its liberal alcohol policies. I was in ~nes this weekend for VEISHEA...the annual university celebration. For the past four years, this event has been totally alcohol-free--perpetually against the wishes of a contingent of students. Despite that fact (and possibly because of it), there were thousands ef individuals--students, alumni, and neighbors--who turned out to the event. Because alcohol is no longer involved, it has remained a family event. Unfortunately, though, I saw and listened te students on Friday night leaving ~es for Iowa City to drink. During my education at Iowa State, Iowa City perpetually drew a crowd of students leaking for excitement and easy access to alcohol. The same policy prevailed during my high school years in the Quad Cities. Not uncommonly a car-load of high school teen-agars commuted to Iowa City for a weekend "night on the town." It is unfortunate, but Iowa City is a draw for much of Iowa to find easy access to alcohol and "find a good time." I just want to throw into your deliberations my opinion as one student in this community. Alcohol is not necessary for the maintenance of a core, unity--truly much of this state has a 21-only bar policy. I think that we as a con, unity of higher education can raise our standards and cease to be the mecca for underage drinking in all of Iowa, and in so doing enhance the image of Iowa City throughout the state. Thank you for attention to my opinion, and I hope that you make the decision you feel is best for the long-term future of Iowa City. Respectfully, Nick Mohr 739 Michael Street Page 1 of l Marian Karr From: Hansen, Sarah [sarah-hansen@uiowa.edu] Sent: Friday, April 11,2003 9:27 AM To: 'cou ncil@iowa-city.org' Subject: I support "21" Those of you on the Council supporting '21' are doing the right thing. The right thing is not always the popular thing, especially to those who stand to lose easy access to cheap alcohol (and easy access to underage drinkers to sell to). I would remind you that there has been strong public resistance to every major public health initiative undertaken in the last century. Infant Car Seats, Seatbelts, Helmets, Tobacco regulation, and even educating pregnant mothers about alcohol and smoking have all met with resistance from individuals who say these initiatives are about taking away individual freedoms. The current drinking age is '21' -- Restricting entry to the bars is not about changing the drinking age, although from the opposition's point of view, that's exactly what they'd like you to think. While bar owners and others who oppose this change talk about offering dancing and entertainment, underage students themselves say they enter bars and easily access alcohol while there (over 86%!). The longer drinking can be delayed, the less likely people are to develop dependency, be injured, or harm themselves or others. Restricting access through enforcement of the minimum legal drinking age DOES delay and lessen drinking (The Centers for Disease Control review of 49 peer-reviewed studies). This is not the only solution -- but there is no aspect of alcohol prevention that has been more studied and more supported (with scientific evidence rather than conjecture) as effective at decreasing harm and death, than enforcement of the minimum legal drinking age....which is all the '21' ordinance is about. Sarah Hansen, M.A., CHES Coordinator, Health Iowa Student Health Service 4171 Westlawn Iowa City IA 52242 319-335-8387 4/11/03 Page 1 of 1 Marian Karr From: Mjuv@aol.com Sent: Friday, April 11,2003 9:01 AM To: council@iowa-city.org Subject: Bar Ordinance As per the Gazette Editorial today, I wish to show my support for the 21 only ordinance which would keep teens out of bars. It seems very simple logic that, to keep down teen drinking, keep them out of bars. As a parent of a teen, I know that, though they go to bars to "dance and meet friends", they drink. It is nearly impossible to proven that, once they are inside the bar. Iowa city is unique in so many ways. Letting 'i8 year olds into bars in one of those unique items we could and should dispense with. Mike Juvenal 2327 Cameron Way Iowa City. 4/11/03 Page 1 of 1 Marian Karr From: Brent Johnson [bonemarimba@hotmail.com] Sent: Thursday, April 10, 2003 10:59 PM To: council@iowa-city.org Subject: 21 + The 21 and older proposal is irresponsible legislation. As a 24-year-old male, who has drank in this to~vn for five years, I consider myself an expert on bars and drank people. This is a Big 10 school. There are many reasons why so many people come here rather than to community colleges and smaller universities - because this is a party town; this is where young people move to in order to have as great of a time as possible while getting an education. If the majority of the city council thinks that this ordinance will curb underage drinking, they're wrong. These young kids will take over party houses and the party houses will take over our shrinking non-student residential areas (south of the railroad tracks, east of Muscatine, north of the Gas Light Village, etc). The city will see the rise of underground bars that will have no restrictions or supervision. Places that will have dollar-you-call-it and 2 for 1 specials all the time instead of once a week. Places that will have no security, free roaming cops, bar tenders, and waitstaffto keep a sober eye on the chaos. There will be no cabs 15 feet away. There will be no drink coasters that can detect Rohypnol or other date rape drugs. I hope the city council will seriously consider this as well as all the loopholes in the parent, spouse, gaurdian waver - i.e. differences in last names. Thanks for your time, Brent Johnson, resident and non student East Burlington St. Add photos to your e-mail with MSN 8, Get 2 months FREE*. 4/11/03 Page 1 of 1 Marian Kart From: Carey Nassano [pilscareydohboy@hotmail.com] Sent: Thursday, April 10, 2003 12:17 PM To: cou ncil@iowa-city.org Subject: 21 Bar Ordinance As an Iowa City resident and a student at the University of Iowa I can understand why there is concern about the amount of drinking going on downtown, however I oppose a 21-only ordinance for the bars as a solution to the problem. I realize the city council is trying to combat the problem, but I don't think that it has fully considered the outcome of such an ordinance. The "problem" of underage drinking is indeed a problem, but not a problem that can be solved substantially by any number of ordinances. As long as there are college kids, there will be college partying and drinking plays a major role in that. I know that the concept of house partys dominating if this ordinance was passed has been brought to your attention, but I think the city council is shrugging this off all too easily. House parties are much less contained than bars, and have no regulations as the bars do. There aren't payed staff to keep order and in addition to readily available alcohol there will be highly increased drug use as there will be little or no deterance from usage. The increase of 'house party ordinances' won't solve this problem because (as I suspect if the 21-ordinace is passed) you will find out all too soon how difficult it will be to police the entire off campus residential area. I also think it's somewhat blind that the City Council hasn't sought the opinions of students, as it is students they seek to impose this law on predominantly. I believe there is far too much of an 'us-them' mentality going on here and the problem won't be truly solved until the city council starts working with the students towards some realistic end. Another realisitic aspect of this ordinance will be the blow to Iowa City itself. Like it or not, one of the major draws to a college is it's party scene, and with the abolition of fraternity and sorority parties, and now a pending 21 ordinance, this city is on it's way to eliminating a MAJOR aspect of it's nightlife that surely will not disappear but rather poke it's head up in an uglier way. I urge the city council to weigh the cost/benefit of such an ordinance because Iowa City has a good thing going for it in such an organized and controllable party scene. You're trying to solve a community problem so go about it in a community mannor. Poll the students, don't alienate them, because they are residents too. 4/10/03 Page 1 of 1 Marian Karr From: Lothar Beyer [germansense@worldnet.att.net] Sent: Wednesday, April 09, 2003 2:59 PM To: council@iowa-city.org Subject: 2'1 limit in bars I am 54 years old, I am an educator who grow up in Europe. I have some experience with children and with teachers. Never in my professional life, I have seen any study that shows that you can in the long run solve any social problem by punishing young adults. Instead of teaching young adults how to drink reponsible the 21-1aw would further crim[nalize our children. Instead of solving problems you will produce more problems by forcing these young adults into illegality. Lothar Beyer 920 River Street Iowa City 4/9/03 Page 1 of 1 Marian Kart From: City of New London - Jerry [newlonmu@iowatelecomnet] Sent: Wednesday, April 09, 2003 1:05 PM To: cou ncil@iowa-city.org Subject: Under 21 issue To City Council Members: I would like you to know I support this new proposed ordinance. My daughter is a student at the University. My husband and I attended a party for her 21st birthday at One-Eyed Jakes. They did mark hands of those under 21 with an X, but those underaged drank just as much or more as those who were old enough. They never once checked at the tables to see who was consuming the pitchers of beer. I was suprised at the blatant disregard for the law. I wish you had passed this ordinance several years ago! Sincerely, Jeri Lyles 4/9/03 BRIDGET WILSON April 3, 2003 To Whom It May Concern: My name is Bridget Wilson and I am a junior at the University of Iowa. At~er hearing about the debate that is going on with the 21 only bar ordinance I just wanted to write to tell you some of my opinions on the current debate. I believe that this action would be detrimental not only to the Iowa City economy, but also to the well being and safety of many of the students here at the University, as well as the citizens of this town. Although the downtown area is not exactly a community place on weekend nights, it is a place for young adults to relax and have fun with their friends. The students that visit these bars keep the downtown alive. It also provides the students with something to do on the weekends as well as providing a somewhat supervised arena for this to happen. A bar is heavily staffed with not only bouncers, ba~enders, but also the Iowa City police officers make random appearances throughout the night to enforce safety. If the bars were to shut down to those under 21, drinking would not diminish as many people think it might. In my estimation it will only get worse. Students in the dorms will now drink in the dorms or go to an off campus house party. A house party enables people to drink more for less. There is little to no supervision at house parties and people tend to fight, get raped, or even worse. At least at the bar, the cops are within a five minute distance or there is someone at the bar that is sober enough to call the police when things get out of hand. I am not saying that binge drinking is an acceptable part of the University of Iowa experience, but you must real/ze that drinking is a part of college life and will go on regardless of whether the bars are 21 or not. The house parties that occur now and leave the houses and community looking mn down with kegs on front lawns, garbage in the stxeet and so on will continue with more prevalence if the bars turn to 21. These are just a few of the reasons I believe that the City Council should vote against this ordinance, and thank you for your time. Sincerely, Bridget Wilson Marian Karr From: kbogler [kbogler@blue.weeg.uiowa.edu] Sent: Wednesday, April 09, 2003 10:20 PM To: co u ncil@iowa-city.org Subject: to whom it may concern To whom it may concern, As I have noticed the city council has 7 people on it for a town with a population of around 60,000 and another 30,000 students for at least 9 months ef the year with many staying year round. I also notice that the 7 on the city council are only representing the 60,000 residents of Iowa City. Who is on the council to represent the students/residents which make up at least 1/3 ef the population ef this town as well as support this town's economy? I am sure I am speaking for many ef the students en this campus as I am going to voice my opinion about the 21 and over law you are trying te pass for Iowa City bars. If you are going te make this fair I think you should at least allow 1/3 ef the people voting to be from the group that your law is going to effect. THE STUDENTS!! If you are net going te allow the students a voice on this issue what does that say about the democratic way. Are we going to allow just a few (7} people ena power trip te bully the students who are just as much a part ef this town as you are. I am net going te say why er why net the 21 and over idea is geed er bad, but I am going to say that it does net matter what you do, underage drinking is not going to stop. Take a look at our geed friends in ~nes. You must be 21 te get into their bars so that must mean that they do net have an underage drinking problem. WRONG!! This is net going to solve any problem. If anything, it is going to hurt beth the city as well as the school. I just hope that you make the right decision en this matter because I would really hate te see head lines in the newspaper a year from new that say .... CITY COUNICL HAKES A BAD CHOICE IN AUGUST. I am sure you would as well. But if this ordinance passes I hope you don't mind finding empty kegs and beer cans lying on your front lawn. Thanks You for Your Time, Kyle R. Begler Student of U ef I Marian Karr From: jheggen [jheggen@blue.weeg.uiowa.edu] Sent: Wednesday, April 09, 2003 5:04 PM To: cou ncil@iowa-city.org Subject: 21 Ordinance Dear City Council Members, In the Daily Iowan today, Councilor Champion was quoted as saying, "You come to school to learn, not to drink." And while I did come to Iowa to learn and get an education, that is not nearly the whole reason. In fact, I would say obtaining a degree is the second most important reason that I am here. Students come college to become adults. If I only wanted an education, I would have saved some money, lived at home, and went to a local university. But I also wanted independence, a chance to find myself. More importantly, a chance to make my own decisions and face my own consequences. I was excited to get out of high school and make my own choices regarding my classes and my social activities. Yet, this new 21 ordinance gives me, and undoubtedly many other students, a feeling of being back in high school. This is comparable for me to when my high school banned backpacks in class. While it wasn't a big issue, the mere loss of independence angered the student body. I am not a regular at the bars, not even weekly, but the fact that I cannot go leaves a feeling of helplessness. I recognize that you have a duty to uphold the law and that torn me on whether or not to write a letter, or even fault your efforts. I while I do not fault your efforts, I do fault your method. A better way is to increase fines and penalties, which would discourage drinking, but not by being Big Brother. What separates Iowa City is its forward thinking and that it is such an atypical midwestern town. Please don't riddle it with regulations and curfews and let it continue to be a great university town. Don't make drinking seem like an even better way to rebel with this ordinance. I'm sure all of you can remember passing from childhood to adulthood. Let me and my fellow students make our own choices, and invariably are own mistakes. But at least they will be our own. Thank you. Sincerely, Jonathan Heggen Marian Karr From: mwilkey [mwilkey@engineering,uiowa.edu] Sent: Wednesday, April 09, 2003 4:24 PM To: cou ncil@iowa-city.org Subject: 21-only Ordinance To the Members of the Iowa City Council: I'm sure the city council has received plenty of feedback on the issue of the 21-only ordinance so I will try to make this brief. My name is Matt Wilkey, and I am sophomore at the University of Iowa. I believe that the council has done a good thing in trying to address the issue of underage drinking. However, I don't believe that the council has legitimately listened to the concerns expressed with this measure. Next Fall, my sister will be coming here as a Freshman. I know that she, like most of the college population, will engage in drinking. While I wasn't comfortable with the thought of my little sister downtown drinking in a bar, it didn't put the same fear in me as the thought of her at a college house party. Drink specials at the bar look expensive when compared the going rate of $5 for unlimited beer at a house party. I've seen drug use and fights at house parties. These activities are not tolerated at downtown bars, which are closely monitored by bouncers. What scares me the most however, is the thought of her walking back to her dorm, down dark neighborhood sidewalks, which will be crawling with intoxicated college males leaving other parties. It frightens me to death. If she is not allowed into the bars downtown, then I am afraid that she will end up in this same situation every weekend. Speaking from experience, people go to house parties to get drunk, period. People do not go there for the atmosphere. However, on more than one occasion I have gone to a bar and not had a drink. Contrary to what some in the council believe, house parties are not stopping off points before and after the bar. "Pre-partying" usually consists of having a beer or two before heading out to the bar, not going to a house party with 8 kegs of beer. And while students do come to college to learn, the council cannot pretend that drinking is not the primary social activity on every college campus in the country. I am pleading to the council to not blow off the legitimate safety concerns expressed by students. The students are the only ones who are there, see what goes on, and understand the dangers involved with drinking and going out. Please listen to them. I propose this solution to the council. Attack the problem of house parties in~ediately and effectively, because that is where the real danger lies. Regulate keg rentals, and increase police presence in neighborhoods. Once house parties are dealt with, the majority of drinking will be isolated to the downtown area and will be much easier to regulate. Impose greater fines on underage drinking, and on bars caught with underage drinkers. Force bar owners to work with the Stepping Up project to help publicize the dangers of binge drinking. Isn't binge drinking the real problem, no matter how old the student is? This plan might seem more difficult to implement than a simple 21-only ordinance, but will it not be worth it? I thank you for the time you have spent on this issue, and I wish you luck on the decisions that await you in the future. Sincerely, Matt Wilkey Marian Karr From: Thomas Tapp [tomiunk_l @hotmail.com] Sent: Tuesday, April 08, 2003 5:02 PM To: council@iowa-city.org Subject: opposition to 21 ordinance Dear Councillors, I am writing to express my opposition to the proposed ordinance to require all patrons of bars to be 21 or over. I believe that this will do nothing to curb underage drinking and its associated problems, but will instead create more problems. I see the following "accomplishments" from this proposal: an increase in house parties in residential areas an economic boost for Coralville at the expense of downtown increased drinking and driving yet another onerous burden on downtown businesses Going out to bars is firstly a social event, and secondly an occasion for drinking. I believe that most (though not all) bar operators in town are reputable and law-abiding. I love living in a city with a thriving downtown, including, yes, bars. I enjoy going out salsa dancing at Mondo's Saturday nights, where a hugely diverse crowd includes people under 21 (including the son of one of my friends). Indeed, this proposed ordinance will accomplish the opposite of its intent -- it will eliminate some non-drinking activities for people under 21, just because they occur at places where a drink is available. It is already illegal for people under 21 to drink. Enforce the laws already on the books. Don't hurt the businesses who are playing by the rules, and their patrons. Disclaimer: I am well past 21, and have no business interest in any bar, other than as an occasional patron. Thomas L. Tapp Add photos to your e-mail with MSN 8. Get 2 months FREE*. http://join.msn.com/?page features/featuredemail Marian Karr From: Goosetown Graphics [goosetowngraphics@earthlinknet] Sent: Wednesday, April 09, 2003 10:05.PM To: council@iowa-city.org Subject: 21 -Ordinance Dear Councilmembers: I have heard the first half. Lots of good objections. Probably many more to come. I can't believe no one has brought up that Jessica Lynch couldn't get a beer in town! If you let the threats get to you, you will regret it. This is a stupid ordinance. We have a campus town. The most honest point brought up was about the rents downtown and the fact that "local business" has a hard time opening down there. It's true. These owners are trying and if you put this through and the current councilmembers get voted out next year...the bar owners will own more than their bars. That is not a threat. Just an observation. Libby Shannon Goosetown Graphics 314 Reno St. Iowa City, IA Marian Karr From: Adam Burton [adam@avaJon.net] Sent: Wednesday, April 09, 2003 7:11 AM To: cou ncil@iowa-c[ty.org Subject: spouse exemption to 21-only ordinance Has anyone considered the unequal impact of the spouse e×emptien to the 21-only ordinance in terms ef same-sex couples? Are registered domestic partners covered by this exemption? This isn't just a rhetorical question -- I have two friends who would be eligible for domestic partnership status (though they haven't yet applied with the city) who will be 20 and 21 this August. Thanks, Adam Burton, age 32 Page 1 of 1 Marian Karr From: Eric Smith [smithe@carleton.edu] Sent: Wednesday, April 09, 2003 11:29 AM To: council@iowa-city.org Subject: 21 ordinance Hi there, I'm a 20-year-old Iowa City resident who goes to school at Carleton College in Northfield, MN. When I heard about what just happened today, I flipped. I cannot BELIEVE that the bars are going to be 21-only for entrance. What you're doing is not only harmful to the community as a whole, but harmful to the east side, and the area in which I live. My family and I live in the upper north side of Iowa City, and are surrounded by plenty of University of Iowa students. I know most of them, and I can tell you exactly what will now happen: They'll have large parties at their houses, and there will not be enough enforcement of the 21 -year-old drinking age to in any way protect the people at the parties or the innocent neighbors. There will be augmented instances of sexual assaults, assaults, alcohol poisenings, drunk drivings, and general crimes. The neighbors will have to put up with the noise, the trash, the police sirens in the middle of the night, the car accidents, and a whole host of other problems that arise when you shift the drinking problem to the residential areas of Iowa City. What you're doing is deplorable, and I swear on my Grandfather's grave that I will do everything in my power to encourage people to vote-out the 5 of you who sent not only Iowa City into the gutter, but the entire east side as well. Thanks for ruining our idyllic community, Eric Smith 431 N. Van Buren St. Iowa City, IA 52245 4/9/03 ' - Courtney M. Nelson "::~: ~ ~, 100 Mayflower #311A -~ ri-12:~2 IowaCity, IA 52242 Iowa City City Council C,i i"~' ~ ~ ~i( 410 East Washington St. ILL, ,,.. :'i : l~-~u~ Iowa City, IA 52240 .... tv ~,& To Whom It May Concern: This letter is pertaining to the 21-only bar ordinance that you as a city council are looking in to passing. I am a 19-year old fi-eshman at the University of Iowa and I would like to say that my opinion, as well as many of the students and other people around campus, is that this ordinance will not be beneficial. I realize that with Iowa City being a college town, that underage drinking is a big problem, but I do not see the 21 ordinance as being a solution to this problem, in truth I am not sure that there even is a solution for completely wiping out under-age drinking. There are many l~asons as to why I believe that the 21-ordinance will not be beneficial and could possibly be harmful to Iowa City. These include: a downfall in the economy, increase in the usage of fake forms of identification, increase of drinking in other places that could be more dangerous, such as at house-parties or in the dorms, and in increase in drug usage and the number of rape cases. The 21-only bar ordinance will hurt the economy of Iowa City by reducing the number of people that go downtown, resulting in a loss of money, and possible shut down oftbe Iowa City bars, and other business, such as the downtown restaurants. The closing of bars would not only create vacant buildings making downtown Iowa City unattractive, but would also create the loss of many jobs, College students hold many of the job positions that the bars and restaurants create. The loss of these job opportunities would make the University of Iowa a poor choice for potential students, because, many students have to work through college in order to pay for it, and a job at the bar is the most attractive because it is quick, easy money. In addition, the termination of these job positions would make the unemployment rate rise in Iowa City. The 21 ordinance would increase the usage of fake forms of identification by all people under age. I believe that this will become a problem because every person under the age of 21 will be looking to buy or find a fake. This will increase the risk for anyone to go to the bar, because not only will a person be issued an under-age drinking ticket, but that person will also receive a ticket for having a form of fake identification. If a person would happen to make it into the bar based on their fake identification, they also risk the jobs of the bouncers and the bartenders who are serving them, again creating a problem with the job oppommities in this city. My last two reasons are two that can happen because of one another. There definitely would be an increase in the number of house parties that take place in town, making Iowa City an unattractive city for families to move to. In addition, it is a known fact that more drinking takes place at house parties than does in a bar, mainly because it is cheaper. These house parties could also become dorm parties, which would increase the chances of students being kicked out, and possibly in turn hurt the University's student population. I think that having house parties increases the chances of a student to engage in drag activities, as well as increasing their chances of being raped. This too, would have an adverse effect on the city as well as the University, by once again making Iowa City and the University of Iowa and unattractive town to live in or attend~ i~ ! To my knowledge their have been two preventative methods to help coml~ :, -'~ g wi d ~licy under-age drinkin thin the past year, the two-drink limit and the wristhan . -~: ~ ~ 2 Both of these methods have cut down the amount of underage drinking that is taking place in the downtown bars. By limiting the amount of drinks a person can buy, helps to prevent of-age drinkers from buying drinks for under-age drinkers. The wristband policy requires a bartender to cheek for a band before selling a drink, preventing under-age people from buying a drink. I would like to commend you for all of the efforts that you are putting forth in trying to make Iowa City, become a more positive town. However, I do not feel that the 21-only bar ordinance is the way to do it. Please consider my reasons, as my opinion reflects that of many of the students here, before you vote on this issue. Thank you for your time. Courtney M. Nelson To the City Council, Solving our nation's underage drinking problems on campuses is much more complicated than making bars over twenty-one only. I understand that by turning bar twenty-one, you are trying to limit the availability of alcohol to minors. This is only a facet of problem, and in our culture, it will only create a larger and perhaps more dangerous problem in other areas. This brings me to the most dangerous aspect. Where will these under 21 people go? More than likely they will end up at house parties throughout the town. These parties will disturb the peace in usually quite neighborhoods. But more importantly, it will put underage drinkers in even more dangerous situations. Drinking at house parties can prove to be more dangerous. A person is less likely to be monitored and protected if they consume too much alcohol. Fights that would be easily broken up at bars and at the downtown scene would go on too far. I urge the Council to reconsider making the downtown a 21-only nightscene, there is a big need activities for underaged bargoers and that needs to be addressed, rather than take away the most popular venue. Tyler Luebke ' '~ i 'i i'~: ,J ~ Mick Wroblewski ~ ~ ~ 100 Mayflower Hall #427 D : ~: ~ IowaCity, IA52242 Dear Mem~'O¥ the Iowa City Council, I am writing this letter in regard to the debate over the 21-only ordinance. I am currently a freshman at the University of Iowa. I hadn't put much thought into this issue until recently, when I found that it was becoming a serious topic of discussion. I am against the ordinance, as most students are. Not only do I think that this new law would hurt the economic standing of Iowa City, I also think it would scar the students of this University socially, especially the freshmen. Most people who are for this new law do not fully understand the problem. They think that the students just want a place to go get drunk, but they do not realize the social importance these bars have on the students here. I do not drink, so clearly that is not my main concern. My concern is that the social life of students, here at Iowa would deteriorate and less people would be interested in attending this University. Where would students go during the weekends? The University has tried to encourage people to find other sources of entertainment other than bars (Planet X), but students are not interested. There is no solution to this "problem". Underage drinking is inevitable. So please do not take away the social life of students here at the University of Iowa. Thank you for your time. Sincerely, Mick Wroblewski __ rHE tT~ r. abi i~i ,q UP _..I PROJ cC r TO REDUCE THE HAffiMFUL EFFECTS OF HIGH RISK DRINKING ~,uiowa.edu/~stepping Members ; ::: - - C~olvn Ca~Stt April 11, 2003 '~5 TO: Mem~m of the Io~ City City Council J~ Clayton Co-Oo~m~tor From: Carolyn Cavi~ Carolyn Colvm Enclosed is the latest Exchange, a publi~tion by the Ameri~n Medi~l Association. Gre~ Da~s Please noti~ page 5. The sto~ is ~iRen by Will Jennings from Iowa City. ~ll is an a~ive member of the Noffhside Neighborhood ~sociation as ~11 as a mem~r of the Dfiek Do~yse,mr exe~tive ~mmiRee of the Stepping Up ~alition. s~ Hansen The mem~rs of the Stepping Up Executive Commi~ee wanted to share this publi~tion ~th you. DMe He~g Nick Herald Thank you for your a~ention to this issue. ~V~ Jenm~ Carolyn CaviR M~- m~owass~ Co-coordinator C/~a~r~, Stepping Up E~e Lehman Lane Plu~ Nan Trefz Ben Vm Dyke J. Pamck XX~te 100 Stanley Hall, Universit7 of Iowa, Iowa City, IA 55242 (319):353-2529 Community Partnerships Can Win The Day: or, How We Saved a Neighborhood Institution By Will Jennings (Will Jennings received his MFA from the University of Iowa where he now teaches as a Lecturer in the Rhetoric Department.) My wife and I purchased our Iowa City home in the autumn of 1997 when I became an adjunct faculty member at the University of Iowa. Built in 1896, it's a modest house with "character" set in the middle of other similar homes along a cobble brick and tree-canopied street on the near-uorth side. We chose this neighborhoods-comprised of both families and students--because we'd be within walking distance of movies, music, grocery stores, and a river-runs-through-it city park. We would also be close to Pearson's, a throw-back drugstore where you could browse the magazines while they filled your prescription, and stop back at the soda fountain for an egg salad sandwich with a Green River or Pony Malt on the side. The homey constancy of this place suited us just fine. Small town or not, you don't get to live in a neighborhood close to a large campus without having to deal with another recurrent theme. On four and sometimes five nights each week, from about 10pm until 3am, the neighborhood becomes something of a "flyway" between where students live and where the alcohol flows. And flows for a significant profit. Shouts, loud music, honking horns and boom-box cars, sporadic verbal and physical assaults, the vandalism of private property, saplings uprooted or limbs torn, bottles smashed or left lean- ing on stoops, porch furniture stolen or dragged into the parkway and set to smolder. Some mornings the streets look like beaches left to litter and abandoned by the tide. Last year, only weeks before the start of the fall term, our local pharmacist decided to pull the plug on his storefront. The shock of this loss reverberated throughout the entire city. People had been coming to Pearson's for its milkshakes and medicines for decades and could hardly picture its handy corner loeafion as an empty lot, or perhaps something even worse. Within days, the local papers reported a deal workdd out with a regional grocery chain based in central Iowa. Hy-Vee would transfer many of the pharmacy's employees and its accounts to their branch drugstore some two miles away. And the plans didn't stop there. One hundred miles away, Hy-Vee's corporate spokesparson announced the organization had studied the site's location and our neighborhood's demographic. Its conclusion was that a Regal Liquor Store would be an ideal replacement for the former soda fountain. Instead of a picket line of 50 that would soon fade, or a petition of perhaps a few hundred signatures, the opposition to the proposed liquor store now included:'The University of Iowa Administration and its Student Senate, The Domestic Violence Project, The Rape Victim Advocacy Program, faculty in The School of Social Work, a wide array of local social service professionals, emergency room physicians from the local hospital, local clergy from four different denom- inations, many Parent Teacher Organizations, ali of Iowa City's active Neighborhood Associations, the north side business owner's organization, and members of Iowa City's City Council. Hy-Vee is a grocery chain with Iowa roots, and it makes a consistent and sincere effort to be a solid corporate "citizen." It contributes to many local causes and its local store managers are given a unique level of latitude in how they distribute such support within their individual neighborhoods and com- munities. Hy-Vee's most recent contribution to the Northside of Iowa City came with its decision not to purchase the site of the former Pearson's pharmacy and to drop plans for installing the liquor store. Today, the site has been bought by a locally owned and well- thought-of movie/DVD rental store. And the good news is that the store has maintained the old soda fountain as a place where locals can still gather to chat over egg salad sandwiches, Green Rivers, and about as perfect a malted milk as you'll find this side of the Mississippi. As the new fall term begins, the north side neighbors are again anticipating the return of alcohol-related problems. But we've learned something about effectively organizing for change, and we're making headway. This September several thousand welcome packets were distributed door to door with coupons for neighborhood businesses and a list of community services available to all. We also make it cle.ar that we are a neighborhood of families, workers, and professionals--both young and old--and that our quality of life depends upon the contributions of all. The coalition of neighborhood, commu- nity, and University members was crucial to this small victory. We are also quite clear that these partnerships continue as our best hope for future succass.. Those of us who actually lived in the neighborhood instantly took exception to their conclusions. Recent development along a nearby thoroughfare had brought 1,000 or more new undergraduate student renters into the neighborhood and the overwhelming majority of these were under 21 years of age. Actions by the City Council to curb underage drinking in downtown bars raised the distinct possibility that many students would be seeking alternative locations for buying and con- suming alcohol. There are already more than 90 places to buy alcohol within one mile of campus, and this site would be within four blocks of half the dormitories and a sizeable off- campus population. Hy-Vee had done their homework very well, indeed. Public reaction to the pending loss of a landmark and the unwanted gain of a liquor store was predictable. Neighbors began to plot impromptu strategies: a petition, a picket line in front of the chain's nearest store, letters to every editor with a paper to print, and calls to the local television stations appeal- ing for coverage of the protests. All well and good, except that similar well-practiced responses have an alarming ten- dency for producing The Valiant Defeat. Umbrage and outrage from abused citizenry win their share of media minutes, but quickly pass and are dropped in favor of the next new thing. And, in the end, you get stuck with the liquor store. A petition speaks to numbers, and the grocery people already had the numbers that mattered regarding profits. Pickets are a one-day news story. A line of even 50 people looks tiny framed against a five-acre parking lot full of shopper's cars. And for just how many days can you count on a large picket line to show7 The Northside Neighborhood Association quickly realized the value of an alliance built from community, professional, busi- ness, church, social service, and University members. The University of Iowa's Stepping Up Project and a very decisive President Mary Sue Coleman were first to join the effort. Within a week, an Organizing Committee was convened and our work began in earnest. Talking points were developed and honed. Media relations were streamlined and put into motion. Legal venues were explored and important connec- tions were made with a broad-based, ecumenical coalition of community resources. A Web site was created to post commu- nity perspectives, significant updates, and all correspondence from the grocery chain's CEO and corporate communications office. Television, radio, and print media frequently called upon committee members for updates and quotes, and the talking points began to find their mark. J Exchange Creating Solutions by Changing Environments j si)ring 2oo3 page~j Marian Karr From: budstuf@webtv.net Sent: Sunday, April 20, 2003 6:10 PM To: cou ncil@iowa-city.org Subject: proposed over 21 we being the parents of two former college students think the over 21 law is the most absurd ever proposal, we would rather have our students in a supervised atmosphere rather than house parties or who knows where unsupervised, you cannot legislate morality. shirley radloff Marian Karr From: Lisa Mollenhauer Sent: Saturday, April 19, 2003 6:59 PM To: *City Council Subject: thank you for giving me a reason to vote again ..... Original Message ..... From: gbock To: Lisa Mollenhauer Sent: 4/18/03 8:51 PM Subject: RE: thank you for giving me a reason to vote again My name is Garret paul Bock ~ ..... Original Message From Lisa Mollenhauer <Lisa-Mollenhauer@iowa-city.org> >You will need to provide your full name in order for your note to be passed >along to the City Council. Thank you. >Lisa >Lisa Mollenhauer >Administrative Assistant > to the City Manager >-----Original Message ..... >From: gbock >To: cou ncil@iowa-city.org >Sent: 4/15/03 12:34 AM >Subject: thank you for giving me a reason to vote again >Dear City Council Members, > I am a student attending the University of Iowa and I have also >had the >privilege of growing up in Iowa City. Being both of these things has led >me to >a unique view of the town that we live in and how people in it interact. >1 >agree with some of your points for changing the drinking laws and I >understand >all to well why many residents of Iowa City are fed up with college >students. >1 think however, you take for granted everything these students have >brought >to Iowa City since the university opened its doors. Have you ever >stopped to >consider what this town would be like without the university? It would >be a >glorified truck stop because of it's location on the interstate and a >major >highway. > In Iowa City we have some of the most incredible writers and >artists in the >Midwest if not the country. We hold large outdoor festivals every year >to >celebrate the arts, and do you think that people like Kurt Vonnegut, or >Grant >Wood would have ever come here if not for the University? The truth is >each >year thousands of young students decide to come the University and that >decision helps the school which in turn pumps life into the town. If >you >limit their freedoms (and I am not talking about underage drinking but >things >such as concerts, playing pool or just going out to have a good time) >you run >the risk of students turning away from Iowa because they don't see it as >a >place where they can enjoy themselves. > This law won't really effect me, a few months after it goes into >affect I >turn 21. I also rarely go to a bar ,in fact I have only been to one >once this >semester but the thing that upsets me the most is how you have no regard >or >respect for the student body. Do you think just because they didn't >vote for >you don't have to consider what they would want? In my years of living >here I >have rarely seen the council vote "pro-student" and if you go against >them >this time, you'rl end up hurting more than just the students, you'll >hurt the >whole town. > As I stated in the title of my letter, I'm going to start voting >again, and I >don't think I'll be the only one. I think thousands of students will >come out >to vote at the next elections and I think they will have no problems >voting >against those who took away there right to have a good time. Irving >Webber >once called Iowa City the Athens of the Midwest but you are turning it >into >just another Ames. Marian Karr From: Jigreen02@aoLcom Sent: Friday, April 18, 2003 4:33 PM To: council@iowa-city.org Subject: Attendance in local establishments after 10 p.m. To: The Iowa City Council Members Re: Under 18' ord'nance that s be ng considered by the council.. I would like to let you know my views regarding the "under 18" patronage of establishments deriving 50%~+ of their revenue from the sale of alcohol that is currently being considered by the council. In December 2002, my 16 year old daughter came home at 2 a.m., which is well beyond her normal curfew. When questioned, she revealed to me that she had attended an "al[._a~ges ba_nd__~how", at "Gabe's." As I am sure you know, Gabe's is a "bar" in downtown Iowa City. Gabe's has some type of separation, I am told, between the bar area and performance area. My daughter was n~o_t served alcohol at this establishment. She told me that a "City High" group of students was entertaining there that night. She also told me that she recognized students there that were "12 years of age" and up. She defended herself by telling me "a lot of her friends were there." I immediately contacted the Iowa City Police Department to ascertain the legality of my 16 year old daughter being admitted to a downtown bar. I spoke with an officer who was very empathetic. He spent a great deal of time explaining this type of admittance, to a bar, to me. He told me that "occasionally" a "few" bars in Iowa City had this type of "band show" which was specifically targeted toward "all ages." He mentioned "Gabe's" and "The First Avenue Club." He assured me that the owners/managers of these establishments were very specific about separating minors from customers who were consuming alcohol. He explained that police coverage had shown that minors were not being served alcohol in these establishments. He also explained that once admitted to the "band show," the minors were not allowed, by the management, to leave and later return. The facts that the officer shared with me about the probability/possibility of the minors using alcohol BEFORE/AFTER attending these "band shows" was very concerning. I personally believe that this type of activity only promotes the use of these establishments with youngsters that are "far" under the age limit. It provides the suggestion to the students, ages 12-17, that the usage of bars is an acceptable form of entertainment. I would think that it would also encourage their future usage of this type of entertainment whether they are students attending the University of Iowa, or other schools. I f_ir~rnl~4, be eve that students 12-17 should not be attending local bars for any reason, unless accompanied by a parent, which is also doubtful. I have read that the spokesperson for the University of Iowa will support interests that are opposed to the ordinance banning 18 year old patrons from the local bars after 10 p.m. My first thought is that there may be a concern about the entering Freshman/Sophomores, and that this type of ordinance may discourage (for some reason) their enrollment at the University. My other concern is that a great many of the high school seniors in the area are 18, or turning 18, in their senior year of high school, and their patronage of these establishments is a model for younger students. Different views of the discussion have concerned me. I recognize that removing the people between 18-20 years of age from downtown establishments at 10 p.m. would severely impact the revenue of these downtown businesses. I would also think that this may impact the revenue derived from various fines levied by the City--if in fact the under age people were not in the establishments, and there is discussion in the neighborhoods, about the 18-20 year people leaving these establishments at 10 p.m., and venturing out into the city to "party" at various houses or apartments. You are faced with a very difficult decision. I personally do not want _.my 17 year old ~n~d 14 year o d children encouraged to attend all ages band shows at local bars. I also do not believe that they will be "ready" to frequent bars or fraternize with older college students when they are seniors in high school. I empathize with 18 ~ 20 year old college students. My question is, if the State of Iowa were to condone their patronage of these establishments and their indulgence of alcohol...wouldn't the age limit for consuming alcohol be lowered? The adults in my family support your efforts and beliefs in removing the 18-20 year old people from these establishments. I don't believe a referendum vote will necessarily solve the issue. Perhaps we should look toward approaching the legislature about the appropriate age to consume alcohol and attend the establishments that derives 50% + of their income from alcohol consumption. Sincerely, Janice Marks Green (Parent of City High/SE Jr. High students) 1902 Glendale Road Iowa City, Iowa 52245 This letter is not to be used for any other reason/or publication than to express my opinion to the Iowa City Council Members without my permission. Page l ofl Marian Kart From: Merritt [merritt@kctc.net] Sent: Friday, April 18, 2003 2:55 PM To: council@iowa-city.org Subject: Under 21 law Dear Council, I wholeheartedly support the upcoming resolution to not allow persons under 21 in Iowa City bars after 10pm. I myself being under 21 would like to see my peers do something besides hanging out at bars all night. Shane J. Merriit Freshman Kirkwood College 4/18/03 Katherine Carlson 601 S. Gilbert St. Apt. 635 Iowa City, IA 52240 April 9, 2003 Iowa City City Council Members Dear Iowa City City Council Members, As a twenty two year old University of Iowa student, the 21-only ordinance will not directly effect me because I am graduating in May and will not be living in Iowa City by the time it would come into action. I feel this premise is necessary to state because I would like you to know that my opinion does not have any ulterior or selfish motives. If the bars down town are forced to deny admission to patrons that are not 21 years old the number of house parties will inevitably increase. Without the supervision and accessibility of police officers that is available downtown, the number of rapes and sexual assaults will also increase. Due to the fact that some of my friends are under the age of 21 and will not be able to gain access to the bars, I am fearful for their safety. They will be at house parties or on dimly-lit streets instead of the police-patrolled ped mall. Rapes and sexual assaults usually do not take place at bars and restaurants; they take place on side streets or alleys or rooms at house parties that are secluded from police accessibility. Underage drinking is going to happen regardless of whether it takes place at bars or house parties. The location drinking takes place does not cause drinking; it is simply a common meeting ground for people, whether they are drinking or not. Bars do not cause binge drinking; people choose their own drinking behavior, which will happen whether they are at the bar, at home, or at a house party and whether they are of the legal drinking age or not. If you believe that merely requiring all patrons admitted to bars be 21 years old is going to deter, curb, or decrease binge drinking you are being severely deluded. Sincerely, Katherine Carlson Aaron Greying 2615 Femdale Dr. Iowa City, IA. 52245 City of Iowa City Attn: City Council 410 East Washington St. Iowa City, IA. 52240 To Whom It May Concern, My name is Aaron Greying and I am a senior here at the University of Iowa. I know that there have been multiple appeals to raise the age of the bars to 21, but I was wondering why it has never been passed? I see people get~_ing arrested just about anytime I go out and it makes me sick to see this. I know this is a choice people choose to make but by making most of the bars 18 and over it invites under age drinkers. It seems to me that this ordnance isn't getting passed because the city makes so much money offof underage dnnkers. This idea seems parallel to the ticketing situation. It is such an important source of income for the university and the city that you will continue to patronize students with it. This has been a serious issue ever since i have been at the University of Iowa but nothing seems to get accomplished but more tickets, lowa State University has the 21 and over policy and I enjoy the scene so much better. There aren't policeman salivating over the chance to arrest underage students. It gives mature students the opportunity to go out and have a few drinks with their friends without have 18 and 19 year old kids dancing on top of the bars. Granted anyone under 21 will probably just have house parties, but at least we wouldn't have to see underage drinkers getting breathalyzcd ~ hamlcuffed every time we go out. Thank you for taking the time to read my concerns and I hope you take my thoughts into consideration. Sincerely, Aaron G~,'ing' : April 9, 2003 Iowa City City Council 410 E. Washington St Iowa City, IA 52240 To Whom It May Concern: I am writing you to show my concerns for the 21 only ordinance that is being considered. I feel strongly that this will cause more negatives than positives. I am 22 and still feel that this should not be passed. In my opinion the college experience goes beyond the education one receives. I think college is also about getting away fi.om your family and having some fun. It is about experiencing new things and meeting new people. This ordinance would take away fi.om this part of the college experience. Going to the bar, even if not yet 21, is still a great way of meeting people. If only 21 and over can get into a bar there will be far more house parties and dorm drinking. Then the focus will be on finding a way to stop those. Without these activities, what is left? Students are always going to try to fmd ways around this. Eventually the appeal of this school for prospective students is going to decrease and the student population is going to go down. One of the things that attract may students to this university is the fact that they can get into several of the bars at 18 or 19, even if they aren't allowed to drink. Having fewer students would also affect the city. I think that a good way to attract these students away fi.om the bars would be to provide aflbrdable alternative entertainment. I think we should have more concerts with better bands. tl~hen possible, I think that there should be some outdoor concerts. I don't know what it takes to change the minds of others on this issue, but I strongly oppose the 21 only ordinance. I think it will cause more problems than already exist Thanks for taking the time to read this. Sincerely, Matt Lipp ~ ~1~*~ - ~- ' ~ ~ Iowa City Council Members: I am writing in regard to the smoking ban that has been debated lately in Bwa City among the Iowa City bars and restaurants. I am writing because I feel very strongly about this issue. I strongly support the ban against smoking in restaurants. I feel that people that smoke are choosing for themselves to smoke and to endanger their own health. I do not feel that because they choose to endanger their lives that myself, and the people that I care about should also be put into danger. Anymore the reports and studies are showing that seeond-hand smoke could be more ora threat than first hand smoke. I find this very hard to deal with in the fact that in a lot of places I do not have the choice whether or not I will be breathing in the smoke of others. I also find that a lot of these smokers that are trying to fight the ban are very inconsiderate when they do chose to smoke. Nothing bothers me more than when I see a smoker light up a cigarette in front ora baby or small child. Do they not think that this helpless individual's lungs are not even developed yet? Maybe if the smokers that are fighting for their rights thought more about our rights they would be able to see the other side of it a little bit. If smokers would go outside if they need to have 5 cigarettes over dinner or would try to limit themselves to 1 per meal since people around them may not be smoking, then maybe this would not even be an issue right now. I feel that smokers have abused the privilege that they were given to be allowed to smoke indoors around others and if they could not respect it before than their chance should be done. It upsets me that I have to worry about my health with matters that I have no control. I would like to be able to go out to eat without having to worry about having a few mouthfuls of smoke along with my dinner. Thank You, Miehelle Tegeler DATE: 4/9/03 TO: IOWA C1TY COUNCIL CC: 'FO WItOM IT MAY CONCERN FROM: JENNIFER MITCltEI& To Whom It May Concern: I am writing concerning the 21-only ordinance currently being addressed by the city of Iowa City. I would like to express my oppositions to the ordinance and explain my standings. Iowa City has been and 18 and over ordinance for as long as I can remember. I feel it is unreasonable to presume you can simply change it now. Having a higher entrance age for bars will not eliminate a problem; it will simply increase problems in other areas. If bars are moved up to 21 only, be prepared for the use of fake Ids and drinking in dorm rooms to increase profusely. Bars are not only a place for college kids to drink; they are a social gathering place. People go there to meet up with friends of all ages, dance, and to relieve stresses. It is a way for us to get out of our dorms, apartments, and houses and meet new people. By taking away the privilege of going to bars when under the legal drinking age you are taking this away from us. I do understand the point of the ordinance, and see how you are trying to decrease and increasing issue on campus and in the city. But I also feel that there are other methods that will do a more suffident job. Things such as higher consequences for underage drinking and increased police patrol will be more effective in solving the problem. As I mentioned before by just increasing the entering age, you just will make underage people work harder on finding ways to enter. It will not decrease the drinking problem; it will simply move it to a different location. This ordinance is taking away a high point in Iowa City that brings people here. If you take away this benefit you take away an attraction of the city. What is next taking away tailgating? Why not take away the spirit of the University of Iowa while you are at it? Thank you, Jennifer Mitchell Cory C. Kemp 320 East Burlington St. Apt. #8 __ Iowa City, Ia 52240 ': Council Members, ' I am writing this letter i~ regards to the 21 and over ordinance currently being handled by the council. I must note that I am a third-year student at the University of Iowa. I must also admit that I have frequented several establishments in the Downtown Iowa City Area that admit those who are under 21 years of age. I would also like you to understand that I am absolutely not asking you to consider access to Iowa City's bars for anyone under the age of 18 for any reason. I also must concede that I realize my letter alone will not likely change any of the City Councilmember's minds. However. I only intend it to serve as a reminder of the overwhelming opposition to the proposal.' I am writing this letter in opposition of the proposed ordinance to delegate Downtown Iowa City Bars as 21 and over. I will cite several reasons for this stance. I would first encourage you to consider the impact that this will have as far as reducing the entertainment oul!ets for students at the university. We are already severely limited in Iowa City as far as cstablishrnents catering to the entertainment needs of college-age people. Coralville is the nearest "entertainment center" for the college crowd to entertain themselves. Iowa City offers very little. A large number of us are originally from large cities that offer a great variety of venues to cater to our entertainment needs, and on a large scale. Therefore, we are in a bit ora culture shock when we get here. My point is not that Iowa City needs to act like a big city, because that's just ridiculous. I'm simply saying that it should ol~r a large variety of venues that will cater to diverse interests. You might say this is not practicaI. Maybe you're right. Maybe a small city like Iowa City cannot sustain such a desire. If this is the case, then let me pose you all a question. What do you expect us to do to entertain ourselves? Go to Planet X? Hah. If you are unable to correct the undeniable lack of entertainment in the city, then you must support one of the only fom~s of entertainment we do have; the bars. Those who are under 21 are no less needy of ~:ew entertainment options. I would also like to address the economics involved in the decision. It is a well- known fact that the council has struck down similar proposals in the past because of the enormous loss in revenues for the city. The economic viability of most downtown bars would be severely hampered ~xithout the patronage of those who are under 21 years of age in drinking establishments. It boils down to an issue of morality. Do you let underage people break the la~x as a trade off for the city's prosperity? That's for you to decide. However, since we know the city cannot afford to restrict underage patronage of the city's bars, why not take advantage of the resulting prosperity? Why couldn't you contribute a portion of the cit) 's bar revenues to a fund new entertainment options for college-age people? Then, pc~'haps you can generate enough revenue from non-bar establishments to revisit the current 21+ ordinance at hand. By the time this letter is received by the council I will be 21-years of age, thus the outcome of your decision will not effect me. However, I will still be concerned with the outcome of this decision. I want those who are under the age of 21 and coming to the University for the first time as Freshman to have some of the same opportunities for growth and learning that I had as a result of the "bar experience." I cannot imagine how drastically different and inept ~ny life and the lives of many students in similar positions might be had our access to bz~:s as 18, 19, and 20 year-olds been cut off. Many of life's little lessons can be learned it~ owa Cay s bars. I am no exception to this notion. I urge you to consider the points ar,g~ed before you. I would also urge you to stand strong to your personal beliefs whatever they may be and leave politicking out of it. Do not let yourselves be swayed by whoever throws money at you, unless it's what you truly believe in. I would greatly appreciate a ~,sponse to my comments, and any other comments you wish to enlighten me with. i ti~ank you for your time. Sincerely, Cory C. Kemp Gabrean Barton 1325 East Monroe Mt. Pleasant, Iowa April 9, 2003 City Hall Iowa City, Iowa Dear Council Members: For the past few years of college here in Iowa City, I have watched on television and read in countless newspapers views of the alcohol problem downtown and around the University campus. I have seen many great ideas generated on how to combat the problem, and even some of those ideas put into play to curb binge drinking. As good as these suggestions may appear on paper, the truth of the matter is none have worked like they were designed. I do feel for the business owners downtown whose property is in jeopardy each and every night. No one likes to see destruction. But the thing we all need to recognize is that most of this destruction is the work of a handful of disrespectful people of all ages, not just those under the age of 2 I. I was 18 once, and I knew the consequences of drinking underage. So do the rest of the underage people in town who opt to go a bar or restaurant to relax t~om a long day of school or work. I don't mean to beat a dead horse, and I don't claim to be the first authority on the proposed 21-only ordinance, but what I do know is this. Coming fi~om a college kid who was once part oftbe target audience, things are not going to change. We all better just accept the fact now that this problem will continue until the reinvention of prohibition. I applaud aH of your hard work and dedication in making Iowa City a better place to live. Some people don't realize the stress you all must be experiencing because of this situation. I propose that you give yourselves a breather. Continue to let young people enter establishments. If nothing else, the money generated by fines can benefit other areas of the city. Gabrean Barton ~ ~'[ Page 1 of l Marian Karr From: mjc [mcrane@lcom.net] Sent: Friday, April 18, 2003 10:20 AM To: cou ncil@iowa-city.org Subject: the 21 yo law lehman's comment regarding "people making their living by breaking the law" is exactly on the mark. this is what the bar owners are getting so pannicky over. if they can't serve under 21 year olds, then a very substantial part of their income will be lost. "too bad," i say!!! bars are for serving alcohol and the law, not iowa city law, but the law of iowa says you have to be 21 to drink alcohol. so what is the deal? you can't drink till you're 21, so why should bars let under 21 year olds in? i can assure you it ain't to drink pepsi and eat potato chips! bar owners in iowa city have been so arrogant in and cavalier regarding this problem, they have flaunted this problem and dared anyone to do something about it. and that is just a fact! so i'm asking you, the councilors to stick to your guns and prohibit people under 21 from entering bars. they can go to another "venue" to drink their pepsi and eat their oreos and chips, to dance, etc. most of the under-agers are university students, where is the university in providing entertainment? i had an under-21 year old boy go there, drink and subsequently get hurt. the bar owner told me it was my fault for bringing up a kid that would break the law. give me a break folks!!! and he told me if the kid was hurt, then just sue them if i wanted, this is the attitude we/you are dealing with. bar owners are hardly responsible or concerned citizens, their bottom line is money! michael crane 4/18/03 RE: I support "21" _.~_. lq Page 1 ell I~larian Kart From: Scott Hansen [scott-a-hansen@uiowa.edu] Sent: Thursday, April 17, 2003 9:50 AM To: cou ncil@iowa-city.org Subject: RE: I support "21" Dear City Council Members- I wanted to say "thanks" to those on the council who support the "21" vote for keeping those under 21 out of the bars. I realize that this is a 'hot topic' in Iowa City. Please remember that the legal drinking age is "21", so those under the age of 21, really have no business being in a bar. Please don't tell me that the lC bar owners are staying afloat by selling "soft drinks" to the under 21 crowd. I would like to add, that those on the council who do not support the 21 vote, I will not be voting for you when your re-election comes up. Thanks, Scott Hansen 711 Kimball Road Iowa City, IA 52245 4/17/03 Marian Karr From: kdoan [kdoan@blue.weeg.uiowa.edu] Sent: Monday, April 21, 2003 12:48 PM To: cou ncil@iowa-city.org Subject: 21 ordinance Dear Council City Members, My name is Kelly Dolan and I am a sophomore at the University of Iowa. I have some serious concerns pertaining to the twenty-one only ordinance that is currently being discussed. I am twenty years old and I do not drink, nor do I have any intention of doing so, even when I am of age. Yet, if this ordinance passes in its current form, it will deprive me of something I really enjoy. I completely agree that underage drinking is a problem. This ordinance, however, does not address the underlying causes of underage or binge drinking in general. If this ordinance passes it will just cause the underage drinking to move to different locations. I will not feel any safer by this ordinance, as I know the problems associated with binge drinking will still be present in Iowa City. One of my fears though, is that if the bars do turn in to twenty-one only bars, it is inevitable that people under 21 will be denied the experience of listening to the live music these establishments provide. The live music that comes through Iowa City is one my favorite things about this city. It is a wonderful cultural experience for the community. I do not believe it to be the intention of the council, but if the council does pass this ordinance it would deny many the chance to listen to the live music. Many underage musicians in the University of Iowa's music program are given the wonderful opportunity to play in a public atmosphere at the local bars. The music professors play in the local restaurants and bars as well, which is another occasion to watch talented musicians at work. This is only a small portion of the music that is played throughout Iowa City. There are many other local artists and bands, and traveling groups that would no longer be able to play because there would not be any money to be had on a cover charge since a major part of the listening population would be banned from the experience. Almost all music starts after 9:00 p.m. and would therefore be out of the question for underage patrons to hear. Musicians are poor enough as it is and they would have no reason to continue playing in Iowa City when they can make more money elsewhere. I am aware of the deep concern of the council regarding underage and binge drinking and I applaud your willingness to try and address this problem. If it is still found that a twenty-one ordinance must be passed, I would at least hope that there would be some way to keep live music in Iowa City. I know that there have been changes made for bowling alleys and pool halls, I would expect that something could be done to save the music as well. It would sadden me greatly to have Iowa City be lacking one of its best attributes if it were passed. Sincerely, Kelly Dolan Vole to 2l 0rdin nce! April 21,200:3 ' City Council of the City of iowa City , ~ ~ ,, ~: ~ ~ 410 East Washington Street Iowa City, Iowa 52240 , ,, Dear Iowa City Council Members, I am currently a resident of this area but grew up in Davenport. Growing up near Iowa City was a lot of fun for my family because we would come up here for Iowa games and go shopping. Some of my fondest memories are of shopping in the downtown area before and/or after the game. After graduating in 1995, I came to Iowa City to be with my older brother (who attended Iowa) and to also attend the University of Iowa. My younger brother soon followed, but attended Kirkwood. We all three chose this area because of the opportunities it provides. After graduation, I went back to Davenport. A year later, I returned to this area and since I have married and purchased a home here. I love this area. As I read through the letters opposing the 21 Ordinance I have seen something most have in common temporary residents. Since I started schooling at Iowa in 95, I have watched Lands' End (my families' favorite store) close and now it is a bar. I watched Hardees and Burger King close and become bars. have watched the downtown become a place I do not feel is safe. There are more and more bars and there are more and more arrests for underage drinking. There are even more and more bars with fines for breaking the law that reopen as soon as their punishment is over. I do not want to see the Pedestrian Mall, which my family loved and I loved visiting when we would travel up here, turn out like this. If the Iowa City downtown continues to go downhill as it has been, I do not see my future children being able to go down there and hang out like my family did when I was a child. I have come back and become a resident of this area because I love this area. Some of the bars in the downtown have taken advantage of the system and this behavior needs to be stopped. I have looked at the PAULA reports and it is the same bars week after week. I have underage friends that attend certain bars because they get stamped legal when they do not even own a fake ID. I have been at a bar where you couldn't get water (not even from the tap) without paying at least a dollar for a small amount and I was at this bar when a girl was carried out by stretcher a couple years ago. It is sad and it is ridiculous. It is sad because you can buy beer and alcoholic drinks for less than a soda or water. It is sad because in spite of several attempts to work with bar owners to improve conditions, the bar owners have not been willing to change because the bars make money by doing they do. It is sad because there is increasing violence in the downtown. It is sad because I do not see my future children able to have the fun I had in the downtown as a child. Please vote yes for the 21-Ordinance. City Councilors, you live here, you have watched, you have read the papers, you have seen, and you see that the majority of the opponents of the Ordinance are not permanent residents and have not seen the decline in the downtown. Please make the best choice for the Iowa City downtown. Please make it less accessible for underage drinkers to drink. Please make it harder for the binge drinkers to stumble home to the dorms or their apartments from the bars. Please hold the bars accountable. Don't let the bars make money off of underage drinking. Don't let the Iowa City Downtown become unsafe for people. Vote yes for the 21 Ordinance. Sin ,cerely, ,,/"' Gina Pottorff April 17, 2005 City C cil f th City fi City 410 East Washington Street Iowa City, Iowa 52240 RE: [United Voices for Alcohol Alternatives] UISG Against 21 Ordinance Dear Iowa City Council Members, A proposal to outwardly oppose the 21 Ordinance was brought before the UISG senates. Discussion was brought up by the Psychology Graduate School representative. He actually held a poll with his constituents and found that 2/3 of them did not believe that UISG should oppose the ordinance. No other representative could say that they had actually polled their constituents to see what they had to say. Then when voting occurred, there was actually enough for us to have to do hand counts. I am not sure what the other senates were, but the Graduate Senate had 6-5 in favor of the proposal. Therefore, it barely passed. From what I saw at UISG, it seems that there is a possibility that the majority of students are not against this ordinance. Instead, it is only those that admittedly oppose the ordinance that are talking. Those that would support the ordinance, or don't care either way, are not talking much about this subject. LaShelle Christensen Founder Marian Karr From: Lisa Mollenhauer Sent: Monday, Apdl 21, 2003 4:41 PM To: 'Amy Jo McBeth' Cc: *City Council Subject: RE: 21 only ordinance Ms. McBeth, Ms. McBeth, You are able to view the draft ordinance at: http:llwww.icgov.orglcouncil/overage21 .htm. There you will see the exception for: person under the legal age if they are an employee of the license or permit holder, or performing a contracted service for the license or permit holder on the premises, and is on the premises during his or her scheduled work hours. Thank you for sending your comments to the City Council. A copy of your email will be distributed to all seven Council Members. All correspondence addressed to Council becomes a permanent public record. If you wish to communicate with Council Members immediately, please click here for additional contact options http:llwww.icgov.orglcitycouncil.htm . Lisa Lisa Mo[ienhauer Administrative Assistant to the City Manager City of Iowa City 410 E Washington Street Iowa City, IA 52240 (319) 356-5010 ..... Original Message ..... From: Amy Jo McBeth [mailto:amy-mcbeth@uiowa.edu] Sent: Monday, April 21~ 2003 4:05 PM To: cou ncil@iowa-city.org Subject: 21 only ordinance General question to the council... Has an exemption been made for those under 21 who might be working at a bar as a musician/performer? Amy McBeth 2605 E. Court St. Apt. C Iowa City, IA 52245 (319) 351-2867 Marian Karr From: James, Lisa [JamesL@uihc.uiowa.edu] Sent: Monday, April 21, 2003 5:00 PM To: 'council@iowa-city.org' Subject: FW: I support "21" I am writing to voice my strong support of the "21" ordinance here in Iowa City. I am the Nurse Hanager at the UI Student Health Service, and see firsthand the problems and treubles of underage college students' drinking. Passing this ordinance, although some see it as controversial, is a vote ef confidence in the future ef the downtown area, and a vote of suppert for current and future students. Underage drinking is a pervasive problem at this University. Enforcing the legal drinking age by restricting access to the bars to those under 21 is a common sense move in erder to gradually change the culture of our city, of our University cer~nunity. I have small children, and when they attend college here at the UI, I want them te have a downtown that is safe and stimulating, with choices other than these purely alcoholic. Passing the "21" ordinance is a giant step in that direction. Culture change has te start somewhere, and a logical place to start is with our city leaders. Hany, many of us are behind you 100%! Lisa James, RN, MSN Nurse Hanager UI Student Health Service 4199 Westlawn 335-8397 Marian Karr From: karly-rossiter@uiowa.edu Sent: Tuesday, April 22, 2003 1:48 AM To: cou ncil@iowa-city.org Subject: 21+ Ordinance To whom it may concern: I am a student at the University of Iowa and concerned about the proposed 21+ ordinance. Age requirements for bar admittance will only create more problems. Downtown Iowa City is thriving even in these poor economic times, and shouldn't a community be thankful for that? There will be a lot of dead space downtown if you close it off to the majority of the students. I don't consider the drinking that goes on in this town to be a problem. Every college town has students that drink. Have council members considered what it would be like to have all of your good sources of entertainment threatened to be taken away from you? Most of you probably can't imagine a time like that and were legal to drink when you were 18. No one tried to tell you no or took away your fun. Besides that, not everyone goes to the bars to drink. I personally love to socialize, dance, and meet new people. Let's put it this way: Planet X is not an option that the majority of students will consider. Period. What is the major problem here anyway? I could see a problem if the bars were in the middle of a non-student residential area. But they are not. Downtown is virtually a part of campus. A lot of students spend their money there and those tax dollars go to this city. On top of that, this town is making money off of student misfortune in the form of tickets. What is the real complaint? Why would anyone want to take away a place where students can go to have fun within walking distance of their dorms and apartments with no harm done? And if you still are not convinced and want to stop underage drinking altogether, I don't believe that is possible. And if you think it is, you're not getting at the root of the problem. I don't have a solution, but look elsewhere.. If you think beer cans are abundant near campus now, what will it be like when there is no alternative for students but to go to house parties? What will your quick fix be when sexual assaults become all too commonplace because of lack of supervision that could otherwise have been found at a bar? What about drunk driving? I hear things about statistics. But Iowa City is not Punes. The framework and structure of this city is 100 percent different. I am proud to say that I live in such an open-minded community, and I hope I can always say that. But I fear that I am not being heard. Students make up roughly 1/3 of Iowa City's population. I pay my dues to the University of Iowa. I spend over my fair share of money here in Iowa City. Why am I not being represented? Sincerely, Karly K. Rossiter 625 S. Dodge %3 Iowa City, Iowa 52240 Provided by Carolyn Cavitt, Stepping Up The Dailf Iowan - Iowa City, Iowa - Tuesday, April 22, 2003 - 3A NEWS 21-only plays well in Ames BY CASEY WAGNER The measures taken by the and police have not made house TH E OAILY IOWAN COtLrlci] and bar owners t~ identify parties a target. minors were easily avoidable by "You can't stop students f~om Follow~g a 1989 experiment, patrons, who would cut off wrist drinking," he said. "No matter the Ames City Council decided bands or get older customers to what kind of laws there are, that a 21-only ordinance for buy them drinks, hesaid, there is still going to be underage bars was the best solution to "[Underage drinking] is going drinking." prevent underage drinking, to happen when you're ]cuking Former ISU Student Goyern- TJ~ll~ml~ellp~atfr~at~,lo~a over 230 people," said Vince ment President T.J. Schneider 8[11111~11~~~ Munoz, a bartender at Peoples said there is a strong under- ~tmpro~e, the city's underage Bar and Grill in Ames. ground drinking scene in Ames ~~ Munoz, who has worked at the and added that he believes a ~[ ~ ' j_' . . ~m establishment for nine years, similar environment may be ', ~'~j*~iill~mm elint said that without the ordinance, established if Iowa City passes i ~B~J~II~.~I~-mld~.2g-~eer. aid~ the Ames bar scene would be a 21-only ordinance. . f~om. e~t~h'~ t~e ~ drinking similar to Iowa City's -- rile with Officials say they are cautions ~ underage drinking, about giving advice to Iowa City ,me of & drz~c Last year, Iowa City police on a 21-only m~asure -- wlxich reported 2,271 PAULA citations will come before the City Council -- more than five times the 436 for a second vote tonight -- I$~: tickets issued inAmes, because they are not familiar Munoz said he believes a 21- with the town. However, they only measure diverts the drinking said passing such a law was a scene fiom the bars to private par- good start at solving the Ames' "Here was the opportunity for ties, but city noise and nuisance underage drinking problems. students to take the matter in ordinances and state beotlegging ~l~ere will always be violations their own hands," said Larry laws have kept house-party prob- of the law, and there will always Curtis, who served as the city's lems in Ames to a minimum, be underage drinkersf said Ames mayor from 1990 to 1998. "They ISU junior and Student Gov- police Cmdr. Jim RobinsmL ~ . just didn't make it work." ernment Vice President Ben is a good stepping-stone, but it's The year before the experiment Albright said large house par- not the total solu~orL' started, Ames police recorded 291 ties ere present in Ames but are £-~^,~ vt ~Po~, c~s~y w^~, ^~ charges for possession of alcohol rare, adding that city officials c~s~-w^~.~,eu,ow^.~vu under legal age -- PAULA- and had only 11 arrests or citations for fake IDs. In 1989, those numbers grew to 429 and 107 respectively. City officials and bar employees say they now egme that the city's ~21-only law, similar to an ordi- nsnce under consideration by the Iowa City City Council, is effective in c'~u,~)i~ m~de~e ~ and alcohol abuse, especi~dly when it ' lis coupled with educutiora ., ~We've always had a very dif- .femnt set-up; it has been tradi- tionally very different from i~a City," said Ames City _ ~or Sharon Wu'th. · ~ served on a special-opera- ~ team to enforce alcohol laws f~ma 1988 to 1992, said the City .~cil's experiment 14 years · ~ merely built an 'avenue for ~ to gain access to alcohol ~FCEIVED HE4LTH e ces ~ . He~h Care ~ce of t~ ~ce PresMent for Health Affairs ~t~l I t~ 312 Medicine A&in&tra~on BuiMing lowa Ci~, l~a 52242-1101 319-~35-8076 Tel 319-335-8~27 F~ MEMO~UM Date: April 21, 2003 To: President David Skorton t..-Vice President Phillip Jones Professor John L0we, College of Public Health From: Robert P. Kelch, M.D. f~fair~'~ Vice President for Health A Re: "Making Healthy Choices: The Problem of Underagd Drinking" At the recent meeting of the Association of Academic Health Centers, I had the pleasure of hearing a presentation by Dr. Ting-Kal Li, Director of the National Institute on Alcohol Abuse and Alcoholism. I have enclosed a copy of his slides for your information and use. Please note the significant effects that alcohol has on the developing brain - even the adolescent brain. Enclosure RPK/skh Ting-Kal (T.K.) LI, M.D. Director National Institute on Alcohol Abuse and Alcoholism National Institutes of Health U.S. Department of Health and Human Services Making Healthy Choices: The Problem of Underage Drinking Teens and Alcohol · Teens who use alcohol are more likely to smoke · Teens who use alcohol early are more likely to have early sexual experiences · Teens who use alcohol and drugs are more likely to be involved in violent behaviors 1 Basic Questions in Alcohol Abuse and - Dependence · Why people drink · Why some drink more than others · Why some drink despite negative consequences Initiation and Continuation of Drinking Patterns of Drinking: Amount, Duration, Frequency · Moderate Drinking - 2 drinks/day for men; 1 · "Binge" Drinking - now popularly defined as · Potentially harmful drinking - more than 14 hr., can yield BACs as high as 0.15g% (150 mg%) 2 College Binge Drinking Problems* · Death~: 1,400 students · Injurfes: 500,000 etudentu · Assaults: More than 600,000 students assaulted by another student who has been d~nldng · Drunk Driving: 2.1 million students drove under the Influence of alcohol College Binge Drinking Problems · Academic Problems: 25 percent of students report missing class, falling behind, doing poorly on exama or papers, and receiving lower grades overall as consequences of binge drinking (Hlngson et al., 2002) · Blackouts: 40 percent of students who drink reported having experienced at least one episode during the previous year (W'nlte et Two-Way Selection for High and Low Alcohol Drinking .3 Lessons Learned From Studies In Animal Mode]s: Responses to Alcohol , Lessons Learned From Studies In Animal Models: Tolerance P ~ NP Experimental Protocol EtOH Basel[ne Baseline 3-Day 4 Repeated Deprivations - Concurrent EtOH Concentrations Comparison of Alcohol Consumption In Alcohol Preferring Rats and Humans o The AER for the mt 400 rog/kg/h) Is about 4 x that for humans (100 mglkg~h) drinking 4g/~g/day 5 Candidate Genes for Alcohol Preference in Rats · Neuropeptide Y · Alpha-synuclein · Glutamate (NMDA) Receptor Subunits Social and Cultural Rituals · SPRING BREAK · Yardi Gras · New Year's Eve · Fourth of July Binge Drinking Across the Life Span · 50% of students who drink engage in binge ddnklng; 20% do so frequently (twice or more every 3 weeks) · More than 2]3 of binge drinking episodes In the U.$. occur among adults age 26 and older (Naiml, 2003) · Half of all binge drinking episodes occur among otherwise moderate drinkers 0Nhlte et al., 2002) 6 Underage Drinking · 11% of 6th grade students reported binge drinking (Kelder, Murray, et al., 2001) · 21% of 8th graders reported having been drunk at least once (Johnson, 2002b) · About 30% Of 12th graders engaged in binge drinking (Johnson, 2002a) Adolescent Drinking · Adolescents who begin drinking at an earlier age have smaller hippocampal volume {De Bellls et al., 2ool) · Memory problems are common among adolescents In treatment for alcohol withdrawal (Brown et al., 2000} · Similar findings in animal studies Prevalence of Lifetime Alcohol Dependence by Age at Drinking Onset 7 Prevalence of Lifetime AJcohol Dependence by Age of First Alcohol Use and Family History of AJcohollsm Variation In Host Response to Alcohol: Why Some Can and Do Drink More Than Others · Alcohol metabolism and elimination rate 3-4 fold · Subjective and objective responses to alcohol 2-3 fold -- Variation in Brain Exposure to Alcohol t0 subjects; tg etoh per L TBW; 15% etoh In juice Variation In Peak; BrAC and Time subjects; t g etoh per L TBW; t 5% etoh In Juice Clamping: Prescribed BrAC Time Course SITX: Intoxication Item from the Subjective High Assessment Scale (SHAS) ~Piease indicate how high you feel right now: "SAME" refers to how you felt before you got lalcohol today. I"EXTREMELY" means the biggest effect alcohol has [ever had on you. Mean SIT)( Responses to Alcohol (N=118) Pathway of Alcohol Oxidation Ethanol · Acetaldehyde } Acetate ADH ALDH2 1. Genetic vaflant of ADH with high activity ({~2} Ethanol · ACETALDEHYDE } Acetate 2~ Genetic var[ant of ALDH2 with Iow activity (ALDH2- deficient) -~thanol ) ACETALDEHYDE ..... )'Acetate Protection Against Alcohol Dependence by ADH2*2 and ALDH2*2 (Hah Chinese Males in Tahvan} ADH2*2 ~LDH2'2 Nonalcoholic (n=50) 0,73 0~30 Alcoholic (n=50) 0.48· 0.06= · p < 0.001 10 Candidate Genes in Hum an Alcoholism Enzymes of - Cat echol-O-M ethyl Tmnsferase {COMT) Brief Intervention · Typically 4-5 sessions tasting from minutes to an · Monitors through follow-up v[slts and supportive Rationale for Prevention Strategies Adolescents' judgments are · based on limited experience · biased toward their perception of social and peer-group norms and attitudes · 11 Prevention Strategies - Making Healthy Choices · Direct prevention across the spectrum - individual, family, school, community · Provide knowledge, change belief systems and social norms, and enhance young people's self- esteem, motivation, and idenUty formation · Enable young people to make Informed decisions and healthy choices Recommendations for Research Partnerships from the College Drinking Task Force · Comprehensive Interventions: - Students - Families - Campus - Community · Reseamh collaborations among colleges and alcohol - Why cio students drink the way they do? "Research Partnership Awards for Rapid Response to Col lege Drinking Problems" · New RFA and PA to develop and conduct research on college-based interventions · RFA/PA grantees matched to implement and test protocols developed under the RFA. 12 ~dl Governors' Spouses """"~'" Initiative · Co-founded by NIAAA and The Robert Wood Johnson Foundation In 1999 · Only national initiative focusing on preventing alcohol use by children 9 - '15 years old · Provides Governors' Spouses with research evidence to support their outreach and education activities · A vital public-private, federal-state partnership Key Questions and Approaches in Prevention Research · Are behavioral changes endurin g? - Longitudinal studies · Can results be generalized? -Replicate in different settings New research-based initiative will: · Address underage drinking across the spectrum of youth - from childhood through college - within the context of communities; · Allow the testing of new research hypotheses; · Build research, prevention, and treatment capabilities of communities; · Bequeath well-tested, cost effective, multi- faceted underage drinking strategies for replication in other communities; and... 13 ,..Invite partnerships with leaders In- , academic health centers · public health · local communities · education Acknowledgements John Bowersox Brenda G. Hewitt Diane Miller Gregory K. Roa Kenneth Warren _ 14