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HomeMy WebLinkAbout2001-12-11 Ordinance Prepared by: Shelley McCafferty, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ01-00019) 0RDINANCE N0. 01-3986 AN ORDINANCE TO REZONE FROM MEDIUM DENSITY MULTIFAMILY (RM-20) TO MEDIUM DENSITY SINGLE FAMILY (RS-8) OF 3.07 ACRE LOCATED AT 747 WEST BENTON STREET. WHEREAS, the owner of said properly has requested that the properly be downzoned from RM~20 to RS-8; and WHEREAS, said properly is a single-family residence located adjacent to an RS-8 zone with single family-residences; and WHEREAS, downzoning said property will strengthen the buffer between the RS-8 zone and the nearby High Density Multifamily (RM-44) zone; and WHEREAS, said properly is of historic significance and the Iowa City Pres'e~vation Plan encourages the preservation of historic properties; and WHEREAS, development of said properly to its maximum density under RM-20 zoning would likely be difficult because of environmentally sensitive steep slopes and wooded areas; and WHEREAS, at its September 20, 2001 meeting, the Planning and Zoning Commission recommended approval of the proposed downzoning; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The properly described below is hereby reciassified from its present classification of Medium Density Multifamily (RM-20) to Medium Density Single Family (RS-8). Commencing at the southeast corner of the NW1/4 of Section 16, Township 79 North, Range 6 West of the 5thP.M., thence North 341 feet to the center of the public highway, thence west along the center of the public highway 166.5 feet, thence south to a point 30 rods south of the nodh line of the SW1/4 of said Section 16, thence east parallel with the north line of said SW1/4 to the east line of said SW1/4, thence north along the east line of said SW1/4 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. 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 1 lth~ay of December* ,2001. Ordinance No. 01-3986 Pa.ge 2 Ordinance No. 01-3986 Page 3 It was moved by 0 ' Donnel 1 and seconded by Wi 1 burn that the Ordinance as read be adopted, and upon roll cell there were: AYES: NAYS: ABSENT: X Champion X Kanner · X Lehman X O'Donnell X Pfab ., X . Vanderhoef X Wilbum First Consideration 11/13/01 Vote for passage: AYES: Lehman, O'Donnell, Pfab, Vanderhoef, Wi]burn, Champion, Kanner. NAYS: None. ABSENT: None. Second Consideration 11/27/01 Voteforpassage:AY[S: Wilburn, Champion,Kanner, Lehman, O'Donnel],Pfab, Vanderhoef. NAYS: None. ABSENT: None. Date published 12719701 Prepared by: Bob Miklo, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ01-00012) ORDINANCE NO. 01-3987 AN ORDINANCE TO REZONE APPROXIMATELY 24.12 ACRES FROM INTERIM DEVELOPMENT SINGE-FAMILY, ID-RS, TO SENSITIVE AREAS OVERLAY LOW DENSITY SINGLE-FAMILY, SAC-5, LOCATED EAST OF HICKORY TRAIL. WHEREAS, the applicant and property owner, Plum Grove Acres, Inc., has requested the City rezone 24.12 Acres from ID-RS to SAC-5 located at the east end of Hickory Trail; and WHEREAS, the proposed rezoning to allow a low density residential development is in conformance with requirements of the sensitive areas ordinance; and WHEREAS, the proposed rezoning is in conformance with the Comprehensive Plan; and WHEREAS, The Planning and Zoning Commission has reviewed this application and has recommended approval. NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. APPROVAL. The property described below is hereby rezoned from its present classification of ID-RS to SAC-5: BEGINNING AT THE NORTHEAST CORNER OF FIRST AND ROCHESTER SUBDIVISION, PART THREE, TO IOWA'CITY, IOWA IN ACCORDANCE WITH THE RECORDED PLAT THEREOF; THENCE N88 °26'44"E, 635.22 FEET; THENCE S00132~00"E, 1325.33 FEET; THENCE S00° 10'32"W, 333.60 FEET; THENCE S89°04'17"W, 659.09 FEET; THENCE N06 °l 5'43 "E, 277.69 FEET; THENCE NORTHWESTERLY 35.24 FEET, ALONG THE ARC OF AN 385.53 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 35.23 FOOT CHORD BEARS N81 °07'08"W; THENCE N11 °30'00'E, 162.54 FEET; THENCE N05 °00'00"W, 254.63 FEET; THENCE N11 °39'36"E, 251.82 FEET; THENCE N08°00'00"W, 315.29 FEET; THENCE N00°00'00"E, 399.07 FEET, TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 24.12 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION If. 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 final passage, approval, and publication of this ordinance as provided by law. SECTION III. REPFAI FR. All ordinances and pads of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or pad 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 pad thereof not adjudged invalid or unconstitutional. SECTION V. EFFFCTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 11th day of December ,20 01 -sill CITY CLERK Approved by Cit ppdadrc:tord/hickoo~raiJ .doc Ordinance No. 01-3987 Page 2 It was moved by Vanderhoef and seconded by O' Donne] ] that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner ~ Lehman X O'Donnell X Pfab .. X . Vanderhoef X Wilbum First Consideration 11/13/01 Voteforpassage: AYES: O'Donne'l], Vandet~hoef, Wilbur-n, Champ'ion, Kanne~', Lehman. NAYS: Pfab. ABSENT: None. Second Consideration 11/27/01 Voteforpassage: AYES: Champ'ion, Kanner, Lehman, 0'Donnell, Vandet*hoef, W'i]bur'n. NAYS: Pfab. ABSENT: None, Date published 12/19/01 Prepared by: John Yapp, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 (REZ01-00018) ORDINANCE NO. 01-3988 AN ORDINANCE AMENDING THE OPDH PLAN FOR VILLAGE GREEN PART XVlll TO PERMIT NINE ADDITIONAL RESIDENTIAL UNITS ON 4.33 ACRES OF PROPERTY LOCATED WEST OF SCOTT BOULEVARD AND SOUTH OF WELLINGTON DRIVE. WHEREAS, the applicant, Village Partners, has requested the City amend the OPDH plan for Village Green Part XVlll to permit nine additional residential units on a vacant parcel of p,rOperty located south of Wellington Drive and west of Scott Boulevard; and WHEREAS, the previous OPDH plan for Village Green Parts XVIII through XX was approved by Ordinance No 00-3942 in July 2000; and WHEREAS, the proposed OPDH design includes 12 residential units that were previously approved, plus nine additional residential units clustered on one lot around a landscaped green, and accessed from a private drive with a 22-foot wide pavement; and WHEREAS, the Comprehensive Plan indicates this area is appropriate for residential development at a density of two to eight units per acre; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and OPDH plan and has recommended approval of the same. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAl. The OPDH plan for Village Green Part XVIll, legally described below, is hereby amended to allow nine additional residential units: Lot 57 and Outlot A of Village Green - Part XVIfi in accordance with the recorded plat thereof. Said tract of land contains 4.33 acres more or less, and is subject to easements and restrictions of record. SFCTION II VARIATIONS. To allow the development of nine additional residential units, in addition to 12 residential units already approved, to be clustered on one lot, surrounding a landscaped green, and accessed from a private drive with a 22-foot wide pavement, the Planning and Zoning Commission recommended approval of the rezoning in accordance with the OPDH plan. SECTION III 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 IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVFRABILITY. 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 pad 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 11tt'day of December' ,20 01 ATTEST:__~K ¢//~. ~ Approved by Ordinance No. 01-3988 Page 2 It was moved by 0' Donnel 1 and seconded by Pfab that the Ordinance as read be adopted, and upon roll cell there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab .. × Vanderhoef X Wilbum First Consideration 11/13/01 Voteforpassage: AYES: Pfab, Vanderhoef, Wi]burn, Champion, Kanner, Lehman, O'Donne]]. NAYS: None. ABSENT: NOne. Second Consideration 11/27/01 Voteforpassage'AYES: Kanne~', Lehman, O'Donne]], Pfab, Vanderhoef, Wilbur-n, Champion. 'NAYS: None. ABSENT: None. Date published 12/19/01 Prepared by: Shelley McCafferty, PCD, 410 E. Washington Street, Iowa City, IA 52240; 31 9-356-5243 (REZ01-00014) ORDINANCE NO. 01-3989 AN ORDINANCE TO REZONE APPROXIMATELY 14.07 ACRES OF PROPERTY FROM LOW DENSITY SINGLE FAMILY RESIDENTIAL, RS-5; 'AND PLANNED DEVELOPMENT OVERLAY - LOW DENSITY SINGLE FAMILY RESIDENTIAL, OPDH-5, TO OPDH-5, FOR APPROXIMATELY 14.07 ACRES OF PROPERTY LOCATED SOUTH OF VILLAGE ROAD AND NORTH OF WINTERGREEN DRIVE. WHEREAS, the applicant, Third Street Partners, has requested the City rezone 14.07 acres of land located south of Village Road and west of Scott Boulevard; and WHEREAS, the Comprehensive Plan indicates that this area is appropriate for residential development at a density of two to eight units per acre; and WHEREAS, the Comprehensive Plan encourages alternatives to single-family detached housing; and WHEREAS, the proposed OPDH design includes 33 condominium units clustered around a proposed pond, and 11 single-family units fronting on Wintergreen Drive; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and OPDH plan and it has recommended approval of the same. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The property described below is hereby reclassified from its present classification of Low-Density, Single-Family Residential (RS-5) and Planned Development Housing Overlay (OPDH-5) to Planned Development Housing Overlay (OPDH-5) to permit a 15-lot, 44-unit residential subdivision: Village Green Part XIX Commer~cing at the Northeast corner of the Northeast Quarter, of Section 24, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S89°53'53"W, along the North Line of Said Northeast Quarter, the South Line of Village Green, Part XVII, in accordance with the Plat thereof Recorded in Plat Book 41, at Page 21, of the Records of the Johnson County Recorder's Office, and the North Line of Village Green South, Part 3A, in accordance with the Plat,thereof Recorded in Plat Book 34, at Page 38, of the Records of the Johnson County Recorder's Office, 361.80 feet, to the Northwest Corner of said Village Green South, Part 3A, and the Point of Beginning; Thence S00°06'07"E, along the West Line of said Village Green South Part 3A, a distance of 70.43 feet; Thence S44°18'53"E, 111.36 feet; Thence S45°41 '07"W, 98.54 feet; Thence S45°41 '07"W, 63.51 feet; Thence Southwesterly 24.68 feet, on a 402.98 foot radius curve, concave Southwesterly, whose 24.67 foot chord bears S49°41'29"E; Thence S42°03'47"W, 126.33 feet, to a point on said West line of Village Green South Part 3A; Thence S47°58'19"E, along said West Line, 146.90 feet; Thence S14°42'07"W, along said West Line, 84.95 feet; Thence Northwesterly, 14.75 feet, along said West Line on a 471.61 foot radius curve, concave Northeasterly whose 14.75 foot chord bears N74°24'07"W; Thence S16°29'39"W, along said West Line, 195.88 feet, to the Southwest Corner of said Village Green South Part 3A, and a Point on the North Line of Village Green South, Part 4B, in accordance with the Plat thereof Recorded in Plat Book 34 at Page 41, of the Records of the Johnson County Recorders Office; Thence N63°08'40"W, along the North Line of said Village Green South, Part 4B, a distance of 271.54 feet; Thence N32°32'35"W, along Ordinance No. 01-3989 Page 2 said Nodh Line, 50.75 feet; Thence N89°12'22"W, along said North Line, 278.94 feet, to the Northwest Corner thereof; Thence N10°04'01"E, 158.22 feet; Thence N15°23'06"E, 217.09 feet; Thence N32°04'14"E, 85.00 feet; Thence N70°19'00"E, 139.50 feet, to the a Point on the Southerly Line of Lot 49, of Village Green, Part XVIII, in accordance with the Recorded Plat thereof; Thence N89°51'17"E, along said South Line, 175.57 feet; Thence N67°02'15"E, along said South Line, 214.32 feet, to the Point of Beginning. Said Tract of Land contains 7.11 acres, more or less, and is subject to easements and restrictions of record. Village Green Pad XX Commencing at the Northeast Corner of the Nodheast Quarter, of Section 24, Township 79 Nodh, Range 6 West, of the Fifth Principal Meridian; Thence S89°53'53"W, along the North Line of Said Northeast Quatier, the South Line of Village Green, Part XVII, in accordance with the Plat thereof Recorded in Plat Book 41, at Page 21, of the Records of the Johnson CouQty Recorder"s Office, and the North Line of Village Green South, Pad 3A, in accordance with the Plat thereof Recorded in Plat Book 34, at Page 38, of the Records of the Johnson County Recorder's Office, 930.78 feet to the Point of Beginning; Thence S77°05'19"E, along the Northerly Line of Outlot "B" of Village Green, Part XVIII, in accordance with the Recorded Plat thereof, 109.20 feet; Thence S56°48'24"E, along said Northerly Line, 107.12 feet, to the Southeast Corner thereof: Thence S70°19'00"W, 139.50 feet; Thence S32°04'14"W, 85.00 feet; Thence S15°23'06"W, 217.09 feet; Thence S10°04'01"W, 60.00 feet; Thence Northwesterly, 679.18 feet along a 525.38 foot radius curve, concave Northeasterly, whose 632.86 foot chord bears N42°53'57"W; Thence N05°51 '54", 6.11 feet to the Southeast Corner of Outlot "B" of Village Green, Part XV, in accordance with the Plat thereof recorded in Plat Book 38, at Page 97, of the Records of the Johnson County Recorder's Office; Thence S89°57'00"W, along the South Line of said Outlot "B", 122.06 feet; Thence N00°03'00"W, along the Westerly Line of said Outlot "B", 84.82 feet; Thence N08°58'49"E, along said Westerly Line, 136.86 feet; Thence N39°29'01"E, along said Westerly Line. 112,85 feet, to the Northwest Corner thereof; Thence Southeasterly, 519.73 feet, along the Northerly line of said Village Green, Part XV, and the North Line of Outlot "B" of Village Green, Part XIV, in accordance with the Plat thereof Recorded in Plat Book 37, at Page 41, of the Records of the Johnson County Recorders Office, on a 746.66 foot radius curve, concave Northeasterly, whose 509.31 foot chord bears S70°27'27"E; Thence Northeasterly, 23.74 feet, along the North Line of Outlot "B", of said Village Green, Part XIV, and the Nodh Line of Outlot "A" of Village Green, Part XVII, in accordance with the Plat thereof Recorded in Plat Book 41, at Page 21, of the Records of the Johnson County Recorder's Office, on a 760.00 foot radius curve, concave Northwesterly, whose 23.74 foot chord bears N88°42'22"E, to the Northwest Corner of Lot 49, of Village Green, Part XVIII in accordance with the Recorded Plat thereof; Thence S02°11'20"E, along the West Line of said Lot 49, 136.52 feet, to the Point of Beginning. Said Tract of Land contains 6.95 acres, more or less, and is subject to easements and restrictions of record. SECTION II. VARIATIONS. To encourage the development of 33 attached condominium units on 4 lots and 11 single-family units with condominium units clustered around a pond, accessed by 22-foot wide private streets, the Planning and Zoning Commission recommended approval of the rezoning in accordance with the OPDH plan. SECTION III. ZONING MAP. The Building Inspector is hereby authorizSd and directed to change the zoning map of the City of Iowa City, to conform to this amendment upon the final passage, approval and publication of this Ordinance as provided by law. SECTION IV. REPEALI=R. All ordinance and pads 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 appreved this 11thday of December ,20 (ll Ordinance No. 01-3989 Page 3 It was moved by Vanderhoef and seconded by Pfabo, that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell × Pfab X Vanderhoef X Wilbum First Consideration 11/13/01 Vanderhoef, Wilburn, Champion, Kanner, Lehman, O'Donnell, Vote for passage' AYES: Pfab. ~AYS: None. ABSENT: None. Second Considerat)on 11/27/01 Voteforpassage:AyES: Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion, Kanner. NAYS: None. ABSENT: None. Date pub)ished 12/19/01 Prepared by: Madan Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240; 319-356-5041 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 5, "BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, "VEHICLES FOR HIRE," OF THE CITY CODE CLARIFYING DEFINITION OF VEHICLES FOR HIRE, ADDING REQUIREM!~NTS FOR CERTIFIED STATE OF IOWA CRIMINAL HISTORY INFORMATION PR ISSUANCE OF ANY APPLICATION AND/OR DRIVING BADGE, AND RE THE REQUIREMENT FOR A DISTINCTIVE COLOR VEHICLES FOR HIRE WHEREAS, the term "taxicab" should be rep by the more generic term of "Vehicles for Hire"; and WHEREAS, a review of an individual History is necessary to ensure public safety of citizens; and WHEREAS, the present provision a distinctive color scheme has imposed financial burdens on companies to prior to licensing. \ NOW, THEREFORE, BE'~,T ORDAINED CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The of Ordir of the City of Iowa City, Iowa is hereby amended by deleting Title 5, in its entirety and replacing it with the following: 5-2-1: DEFINITIONS: As used in this Chapter, the definitions shall apply: APPLICANT: An individual or wishing to operate vehicles for hire within the corporate City limits. DECAL: A license issued City must be attached to each Vehicle for Hire for identification. DRIVER: A person autho by the City a Vehicle for Hire. DRIVING BADGE: A or badge issued Clerk to each driver authorized to operate a Vehicle for F ICLE: Any vehicle operated or LIed by a horse, furnished with a driver and carrying ers for hire within the City. PEDICAB: A vehi propelled exclusively by human through a belt, chain or gears, havin or more wheels, furnished with a driver and carrying passengers for hire. It shall equipped with properly functioning front and rear lights for nighttime operation, right a left rearview mirrors and right and left turn signals. RATE CARD: A to be displayed in each Vehicle for Hire containing the maximum fare rates then i~ force. STREET: Any street, alley, court, lane, bridge or public place within the City. VEHICLE FOR HIRE: Includes all vehicles furnished with a driver and carrying passengers for hire for which public patronage is solicited within the City. A vehicle used exclusively for hotel or motel business shall not be considered a Vehicle for Hire within the meaning hereof, nor shall a vehicle commonly known as "rent;a-car", for which a driver is not furnished, be considered a Vehicle for Hire, nor sh a bus operating over a fixed route in the City be considered a Vehicle for Hire within e meaning hereof. Charter transportation provided with or without drivers on a ritten contract or written lease basis with an organizatio!~r person(s) shall not be onsidered a Vehicle for Hire within the mean!n.g here. of. In a.d ition, vehicle.s owned op.erated by State or I.ocal Drawn vehicles. . " 5-2-2: APPLICATION: A. Vehicle for Hire: Each applicar shall file an application with the City Clerk on forms provided shall be verified and shall furnish the following information: 1. The name and address of with an ownership interest in the company wishing to Him. 2. The experience of the the transportation of passengers. 3. Repealed. 4. The record ;anors and/or felonies, including moving and nonmoving traffic and certifiE State of Iowa Criminal History and certified State of Iowa Record for each identified in subparagraph 1 hereof. / 5. Such further,f'~ertinent information as 1 City may require. / B. Decah ,.' / 1. ApplicatiOn Forms: Each applicant of a Vehicle for Hire shall also file an applica~on for decal with the City Clerk on forms provided by the City, per each vehicle~ a t decal shall be attC;hed to the lower corner of the front windshield on the passenger side. Pedicabs or Horse-Drawn vehicles shall display the decal on the left rear of the vehicle. 3. Issuance Or Denial Of Decal; Nontransferability: a. The City Clerk shall issue a decal to each applicant when the Police Chief determines that there is no information which would indicate that the issuance would be detrimental to the safety, health or welfare of residents of the City. The decal shall be nontransferable as between vehicles and applicants. b. The refusal to issue a decal may be based on an adverse driving record, conviction of other crimes or when the applicant's prior experience ? demonstrates a disregard for the safety of others and/or a lack of / responsibility. ,/~ 5-2-3: LIABILITY INSURANCE REQUIREMENTS: A. Requirements: via a certificate of insurance~'hich shall be ~xecuted by a company authorized to do insurance siness in thiS~State and be acceptable to the City. ," 2. Each certificate shall also prdvide ter{ (10) calendar days' prior written notice of any nonrenewal, suspension, ca~cellation, termination or bankruptcy of the Vehicle for Hire. 3. The minimum limits of such p~icy shall be determined by City Council resolution. . B. Failure To Obtain Insurance: Fa~ure of any applicant to maintain such coverage in full force and effect thr~ghout the life of the decal shall constitute immediate revocation of the decal w~h no fu~her notice required. 5-24: VEHICLE INSPECTION REQUIRED:', A. Each applicant for issuance or renewal of a Vehicle for Hire decal shall submit with the application a current ce~ifica~e of inspection issued by the Chief of Police or the Chiefs designee. The CCief of Police or the Chiefs designee will establish standards of mechanical fitness for such vehicles and will examine and ce~ify vehicles for mechanical fitness. B. The Chief of Police or the Chiefs designee, may require reinspection of a vehicle on belief that a vehicle is not mechanically fit. In the event any Vehicle for Hire is determined by the Police Chief or the Chiefs designee not to be mechanically fit, the decal shall be confi cated by Police and returned to the City Cterk. After reinspection and determi tion that the Vehicle for Hire i~~ 3 meets the standards of mechanical fitness a new decal will be issued and charged as established by Council resolution. 5-2-5: STATE CHAUFFEUR'S LICENSE REQUIRED: No person shall operate a motorized Vehicle for Hire on the streets of the City, no person who owns or controls a motorized Vehicle for Hire shall permit it to be so driven, and no motorized Vehicle for Hire licensed by the City shall be so driven for hire unless the driver of such motorized Vehicle..for Hire shall have f!r~obtained and shall have then in force a chauffeur's license i~sued under the s~ons of the Code of Iowa, as amended. 5-2-6: DRIVING BADGE REQUIREI A. Badge Required: No persc shall ope= a Vehicle for Hire on the streets of the City, no person who owns Vehicle for Hire shall permit it to be so driven, and no Vehicle for ~ the City shall be so driven at any time for hire unless the driver have first obtained and shall have then in force a driving sued by the City Clerk. B. Application For Badge: Each erson desiring to drive a Vehicle for Hire shall file an application for a drivinc with the City Clerk. Such application shall be verified under oath and s~ rnish the following information: 1. The name and 2. The experience of person i the transportation of passengers. 3. Repealed. 4. The ~nviction: of misdemeanors and/or felonies, including movi I and nonmowng and certified State of Iowa Criminal and certified Drivers Record. 5. Motorized licle for Hire drivers sh possess a currently valid Iowa chauffeur',< rise. 6. Such furt,I//er pertinent information as ;ity may require. I C. Issuance Or/Denial Of Driving Badge: / t r is no information which would indicate that the issuarjce of such badge would be detrimental to the safety, health or welfare of residents of the City. 4 2. The refusal to issue a driving badge may be based on an adverse driving record and/or conviction of other crimes or, in the case of a Horse-Drawn vehicle operator, failure to demonstrate ability to control the animal and vehicle in traffic. D .Badge To Be Displayed: Each person, while operating a Vehicle for Hire in the City, shall prominently wear on the driver's person the driving badge showing the full name of the driver and the driver's photograph. The badge shall be provided by the City Clerk. 5-2-7: VEHICLE FOR HIRE RATES: A. Display Of Rate Card And Disclosure And Estimate Of ,R~te: 1. Each Vehicle for Hire sl-all have prominently dis ayed a fare rate card visible to all passenger seats, and each driver shall pr, vide a copy of the fare rate card to a passenger, w'~en requested. A cop of the fare rate card shall be filed with the City Clerk~ 2. A passenger of a Vehicie for Hire may r, quest from the driver an estimate of the fare to be charged, ~nd the driver ay provide such an estimate based on half (1/2) mile. B. Receipts For Fare; Contents: / icle for Hire driver shall provide a wri~en receipt to a paying customer, on re~ ch receipt shall contain the name and signature of the driver, the City dec~umber, the total amount paid, the date of t e; Obligation To Car~ Passengers: The driver of a Vehicle for Hire ~hallha e the right to demand payment of the legal fare in advance and may refuse e ployment unless so prepaid, but no driver shall othe~ise previously engaged or unable to do so. /' 5-2-8: VEHICLE FOR H~E REQUIREMEN : each side of the vehi~. Pedicabs and Horse-DraWn vehicles may use levering smaller than two inches (2"). Removable levering shall not be allowed. B. Repealed 5 C. Interior Lights: Each motorized Vehicle for Hire shall be equipped with an interior light of sufficient candlepower to amply illuminate the interior of the Vehicle for Hire at all times. The light shall be so arranged as to be easily accessible to and operable by passengers; however, interior lights may be disconnected at any time after sunrise and before sunset. 5-2-9: VEHICLE FOR HIRE STAND: ~/~ A. Application For Use Of Stand: The owner or operator o Vehicle for Hire licensed pursuant to this Chapter may apply for the exclus' e use of a designated parking space for Ee Vehicle for Hire. The location of a arking stand shall be · ~ ' , ,/~ePfe~t~~~ided in Title 9 of td~itse(~r~3d and app oved by the C~ty Manager or \ B. Fee: The City CoUncil shall determine, solution the fee for a parking stand. \ ,, C. Authorization: The City Clerk shall~z~Uthorize a parking stand after the location has been determined by the City, Manager, y~jr designee and after the applicant has paid the required fee to the City ClerkS, ,,' 5-2-10: TERMS OF DECALS/~N~ BADGES; RENEWALS: A. Driving badges shall b~9/valic~fOr a period of one year from date of issuance or the remaining period of chauffe,~r's licen~ if under one year· B. Decals shall be valid for one year ' d shall commence March 1, or on the date the operations are st~ed, and shall termin te the last day in February. C. Renewals shE;ll follow the same procedu as set for initial issuance· 5-2-11: HORSF~DRAWN VEHICLES: A. Routes:· A Horse-Drawn vehicle applicant must a ere to the routes specified in the applicatibn for a license· A new or temporary route mut be filed with the City Clerk B Remova"Of Ammal Waste before an applicant may use such route. .' 1. All horses pulling Horse-Drawn vehicles shall be equipped with adequate "devices to prevent manure and other excrement from falling on the streets of / the City 6 2. Any excrement which falls on the City streets shall be removed immediately at the applicant's expense. 3. All animal waste for disposal shall be transported to sites or facilities legally empowered to accept it for treatment or disposal. C. Animal Treatment And Health 1. imals: a. Applicants all assure adequate rest periods, feeding schedules, health and related imal performance and well-being for each animal under the applicant's ership, care or control. This responsibility shall include carriag its, hours of operation and daily hours of animal usage. b. The feedin~ ~nimal drawing a Vehicle for Hire from a feed bag or bucket along any y is I~ermitted so long as the animal is not permitted to graze. c. No animal shall be ~nattended/while in service. 2. Health Certificate: a. For each animal that will a Horse-Drawn vehicle, the applicant shall provide to the Cit, 'tificate of soundness, issued by a veterinarian licensed by finding each animal to be free from infectious disease, in good h, h and fit for hack and carriage service under this Chapter. b. After initial inspection, eac~imal shall be reinspected at intervals of no more than six (6) months certificate of soundness shall be issued by a veterinarian ~ with the City Clerk in order for each animal to remain in service. D. Equipment Requirements: 1. Every Horse-Drawn vehicle shall conform to sh requirements as may be 2. 5-2-12: REVOCATION OF LICENSES AND PERMITS: License and permits issued under this Chapter may be revoked as provided in Section 5-1-5 of this Title. 7 SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance am 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 therefore not adjudged invalid or unconstitutional. Section IV. EFFECTIVE DATE. This Ordinance shall be effective March 1, 2002. Passed and approved this __ day of ,20 7,--/I-ol City Attorney's Office jZ 8 Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240; 319-356-5041 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 5, "BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, "VEHICLES FOR HIRE," OF THE CITY CODE CLARIFYING DEFINITION OF VEHICLES FOR HIRE, ADDING REQUIREMENTS FOR CERTIFIED STATE OF IOWA CRIMINAL HISTORY INFORMATION PRIOR TO ISSUANCE OF ANY APPLICATION AND/OR DRIVING BADGE, AND REMOVIN( REQUIREMENT FOR A DISTINCTIVE COLOR SCHEME FOR HIRE WHEREA~S, the term "taxicab" should be replaced by generic term of "Vehicles for Hire','; and WHEREAS, a review of an individual State Criminal ' is necessary to ensure public safety o,.f citizens; and WHEREAS, th~"l~resent provision requiring a di~ scheme has imposed financial burder~ on companies to paint prior to licensing. -,\ NOW, THEREFORE, BE ~RDAINED BY THE CITY OF IOWA CITY, IOWA: SECTION I. Ordinances, City, Iowa is hereby amended by deleting Title 5,2, in and replacing it with the following: 5-2-1: DEFINITIONS: As used in this Chapter, the followin, shall apply: APPLICANT: An individual or comp~ shing to operate vehicles for hire within the corporate City limits. DECAL: A license issued by the ich must be attached to each Vehicle for Hire for identification. DRIVER: A person authorize~ ' the Cib Vehicle for Hire. DRIVING BADGE: A card badge issued by the , Clerk to each driver authorized to operate a Vehicle for Hire. HORSE-DRAWN VEHIC vehicle operated or by a horse, furnished with a driver and carrying pass ers for hire within the City. PEDICAB: A vehicle ~elled exclusively by human a belt, chain or gears, having two r more wheels, furnished with a driver carrying passengers for hire. It shall be e~ipped with properly functioning fro~r lights for nighttime operation, right and rearview mirrors and right and left turn signals. RATE CARD: A can to be displayed in each Vehicle for Hire containing the maximum fare rates then STREET: Any street, alley, court, lane, bridge or public place within the City. VEHICLE FOR HIRE: Includes all vehicles furnished with a driver and carrying passengers for hire for which public patronage is solicited within the City. A vehicle used exclusively for hotel or motel business shall not be considered a Vehicle for Hire within the meaning hereof, or shall a vehicle commonly known as "rent-a-car", for which a driver is not ,idered a Vehicle for Hire, nor shall a bus operating over a fixed route in the Cityconsidered a Vehicle for Hire within the meaning hereof. Charter transportation with or without drivers on a written contract or written lease basis with an or person(s) shall not be considered a Vehicle for Hire within the meaning hereof. addition, vehicles owned or operated by State or local government entities which portation to the public shall not be considered a Vehicle for Hire. Includes butlimited to taxicabs, limousines, pedicabs and Horse- Drawn vehicles. 5-2-2: APPLICATION: A. Vehicle for Hire: Each aPl Vehicle for Hire shall file an application with the City Clerk on forms provided shall be verified and shall furnish the following information: 1. The name and with an ownership interest in the company wishing to ope Dr Hire. 2. The experience of the >licant in the 9assengers. 3. Repealed. 4. The record of convi,ons of misdemeanors ,r felonies, including moving and nonmoving traffic viola ~nd Criminal History and certified State of Iowa Drivers person ed in subparagraph 1 hereof. 5. Such further per ~nt information as the City ~quire. B. Decal: 1. Application Fc Each applicant of a Vehicle for , shall also file an application fo decal with the City Clerk on forms led by the City, per each vehicle. 2. Attachment Of Decah No Vehicle for Hire shall be ope ,y street within the City unless a decal has been issued by the City The decal shall be attached to 1he lower corner of the front windshield on the passenger side. Pedicabs or Horse-Drawn vehicles shall display the decal on the left rear of the vehicle. ~,~.. 2 3. Issuance Or Denial Of Decal; Nontransferability: a. The City Clerk shall issue a decal to each applicant when the Police Chief determines that there is no information which would indicate that the issuance would be detrimental to the safety, health or welfare of residents of the City. The decal shall be nontransferab/le as between vehicles and applicants. ,. / b. The refusal to issue a decal maybe based on an adverse driving rec conviction of other crimes or when the applicant's prior experience demonstrates a disregard for the safety of others responsibility. 5-2-3: LIABILITY INSURANCE REQUIREMENTS: A. Requirements: 1. As a condition to granting a decal to operate a for Hire in the City, the applicant shall file with the City Clerk evidence ~ insurance coverage via a certificate of insurance which shall be by a company authorized to do insurance business in this and be acceptable to the City. 2. Each certificate shall also provide ten~ calendar days' prior written notice of any nonrenewal, suspension, canc termination or bankruptcy of the Vehicle for Hire. 3. The minimum limits of such poli~ be determined by City Council resolution. B. Failure To Obtain Insurance: 9ny applicant to maintain such coverage in full force and effe~ l~out the life of the decal shall constitute immediate revocation of the with to further notice required. 5-24: VEHICLE INSPECTION IIIRED: A. Each applicant for is ~ance or renewal of a Vehicle for Hire decal shall submit with the apl current certificate of inspection issued by the Chief of Police or the designee. The Cqief of Police or the Chief's designee will establish standaT of mechanical fitreess for such vehicles and will examine and certify vehk B. The Chief of or the ChieFs desi ee may require reinspection of a vehicle on that a vehicle is not m chanically fit. In the event any Vehicle for H s determined by the Po 'ce Chief or the Chief's designee not to be mecha Ily fit, the decal shall be onfiscated by Police and returned to the City After reinspection and det rmination that the Vehicle for Hire 3 meets the standards of mechanical fitness a new decal will be issued and charged as established by Council resolution. 5-2-5: STATE CHAUFFEUR'S LICENSE REQUIRED: No person shall operate a motorized Vehich~ for Hire on the streets of the City, no person who owns or controls a motorized ' >r Hire shall permit it to be so driven, and no motorized Vehicle for by the City shall be so driven for hire unless the driver of such motorized Vehicle for Hi shall have first obtained and shall have then in force a chauffeur's license issued nder the provisions of the Code of Iowa, as amended. / 5-2-6: DRIVING BADGE REQUIREMENT-~ A. Badge Required: No person shall a Vehicl r Hire on the streets of the City, no person who owns or s a Vehicle Hire shall permit it to be so driven, and no Vehicle for Hire licen,. by the shall be so driven at any time for hire unless the driver of licle ~ve first obtained and shall have then in force a driving badge issue Clerk. B. Application For Badge: Each person ¢ ~g to drive a Vehicle for Hire shall file an application for a driving badge wi.th ~e City Clerk. Such application shall be verified under oath and shall furnish following information: 1. The name and address of the 2. The experience of the person ' ~ortation of passengers. 3. Repealed. 4. The person's record of co of ~rs and/or felonies, including moving and nc traffic violations, and certified State of Iowa Criminal History and State of Iowa Drivers Record. 5. Motorized Vehicle fos drivers shall possess a currently valid Iowa chauffeur's license. 6. Such further perti information as the City may require. C. Issuance Or Denial Driving Badge: 1. The hall issue a driving badge to each person when the Police of residents of the City. 4 2. The refusal to issue a driving badge may be based on an ad rse driving record and/or conviction of other crimes or, in the case of orse-Drawn vehicle operator, failure to demonstrate ability to control e animal and vehicle in traffic. · D .Badge T.o Be Displayed: Each· person, while oper.a%ing Vehicle fo! Hire in the Clerk· / / 5-2-7: VEHICLE FOR HIRE RATES: A. Display Of Rate~.ard And Disclosure And E~'mate Of Rate: 1. Each Vehicle for.Hire shall have prominently displayed a fare rate card visible to all passenger seats, and each driver shall provide a copy of the fare rate card to a passenger, when requested. A copy of the fare rate card shall be filed with the City Clerk. 2. A passenger of a Vehicle for HiEe may request from the driver an estimate of the fare to be charged, and the driver may provide such an estimate based on the fares displayed on the rate' card. The driver of a Vehicle for Hire shall then charge a fare not to exceed the estimate given plus the rate card fare for one- half (1/2) mile. B. Receipts For Fare; Contents: A Vehicle ~or Hire driver shall provide a written receipt to a paying customer, on request· Each receipt shall contain the name and signature of the driver, the City decal number, the tOtal amount paid, the date of payment and the name of the vehicle owner· \ C. Right To Demand Prepayment Of Fare; ObligationS,To Carry Passengers: The driver of a Vehicle for Hire shall have the right to demurred payment of the legal fare in advance and may refuse employment unless so prepaid, ~Ut no driver shall otherwise refuse or neglect to convey any orderly person, on request, affywhere in the City, or in the case of horse drawn vehicles, on the route filed with the City\~,Clerk, unless previously engaged or unable to do so. 5-2-8: VEHICLE FOR HIRE REQUIREMENTS: \ \ A. Lettering Required: Each Vehicle for Hire shall have the name of the owner or the operating company thereof painted plainly in letters at least two inches (2") in height on each side of the vehicle. Pedicabs and Horse-Drawn vehicles may use lettering smaller thantwoinches(;~"). T~ev~t~vAl,'tt I,a. ill'ty l~ {:}"~t~lI t,~ttI. 1,3.f a~ } B, Repealed 5 C. Interior Lights: Each motorized Vehicle for Hire shall be equipped with an interior light of sufficient candlepower to amply illuminate the interior of the Vehicle for Hire at all times. The light shall be so arranged as to be easily accessible to and operable by passengers; however, interior lights may be disconnected at any time after sunrise and before sunset. 5-2-9: VEHICLE FOR HIRE STAND: A. Application For Use Of Stand: The owner or operator of a Vehicl licensed pursuant to this Chapter man apply for the exclusive use of nated parking The location of a parking hall be determined and approved by the ;ity Manager, or designee, as Title 9 of this Code B. Fee: The City Council shal!etermine by resolution fee for a parking stand. C. Authorization: The Cit~ shall authorize a stand after the location has been determined by the City 9r, or designee, ~ applicant has paid the required fee to the City Clerk. 5-2-10: TERMS OF DECALS AND ; A. Driving badges shall be valid fe of one year from date of issuance or the remaining period of chauffeur's license year. B. Decals shall be valid for one yeand shall commence March 1, or on the date the operations are started, and shall nate the last day in February. C. Renewals shall follow the s~ procedure as set for initial issuance. 5-2-11: HORSE-DRAWN VEHI( \ A. Routes: A applica~ must adhere to the routes specified in the application for a license new or temporary.~route must be filed with the City Clerk before an applicant may u~ such route. B. Removal Of Anim~ Naste: 1. All horses p Horse-Drawn vehicles shall be equipped with adequate devices to manure and other excrement from falling on the streets of the City 6 2. Any excrement which falls on the City streets shall be removed immediately at the applicant's expense. 3. All animal waste for disposal shall be transported to sites or facilities legally empowered to accept it for treatment or disposal. C. Animal Treatment And Health 1. Treatment Of Animals: a. Applicants shall assure adequate rest schedules, health and related animal and well-bein, ~nimal under the applicant's ownership, are or control. This re include carriage load limits, of operation and y hours of animal usage. b. The feeding of an an~m~ drawing a Vehk for Hire from a feed bag or bucket along any 'alley is so long as the animal is not permitted to graze. c. No animal shall be in service. 2. Health Certificate: a. For each animal that will bedung a Horse-Drawn vehicle, the applicant shall provide to the City CIE a certificate of soundness, issued by a veterinarian licensed by tl finding each animal to be free from infectious disease, in dth and fit for hack and carriage service under this Chapter. b. After initial ins each inimal shall be reinspected at intervals of no more than months and a certificate of soundness shall be issued by a ,~rinarian and :lied with the City Clerk in order for each animal to re~ ~in in service. D. Equipment !nts: 1. Every shall con ~rm to such requirements as may be imposed by ,~ with respect to luipment. 2. Each shall be equipped with rul r tires. 5-2-12: REVOCATI~ OF LICENSES AND PERMITS: License and permit~s issued under this Chapter may be revoked as provided in Section 5-1-5 of this Title. i 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 adjudged invalid or unconstitutional. Section IV. EFFECTIVE D,~TE. This Ordinance shall be effective March 1, 2002. Passed and approved this __ day of ,20 City Attorney's Office 2. The refusal to issue a driving badge may be based on an adverse driving record and/or conviction of other crimes or, in the case of a Horse-Drawn vehicle operator, failure to demonstrate ability to control the animal and vehicle in traffic. D .Badge To Be Displayed: Each person, while operating a Vehicle for Hire in the City, shall prominently wear on the driver's person the driving badge showing the full name of the driver and the driver's photograph. The badge shall be provided by the City Clerk. 5-2-7: VEHICLE FOR HIRE RATES: A. Display Of Rate Card And Disclosure And Estimate Of Rate: 1. Each Vehicle for Hire shall have prominently displayed a fare rate card visible to all passenger seats, and each driver shall provide a copy of the fare rate card to a passenger, when requested. A copy of the fare rate card shall be filed with the City Clerk. 2. A passenger of a Vehicle for Hire may request from the driver an estimate of the fare to be charged, and the driver may provide such an estimate based on the fares displayed on the rate card. The driver of a Vehicle for Hire shall then charge a fare not to exceed the estimate given plus the rate card fare for one- half (1/2) mile. B. Receipts For Fare; Contents: A Vehicle for Hire driver shall provide a written receipt to a paying customer, on request. Each receipt shall contain the name and signature of the driver, the City decal number, the total amount paid, the date of payment and the name of the vehicle owner. C. Right To Demand Prepayment Of Fare; Obligation To Carry Passengers: The driver of a Vehicle for Hire shall have the right to demand payment of the legal fare in advance and may refuse employment unless so prepaid, but no driver shall otherwise refuse or neglect to convey any orderly person, on request, anywhere in the City, or in the case of horse drawn vehicles, on the route filed with the City Clerk, unless previously engaged or unable to do so. 5-2-8: VEHICLE FOR HIRE REQUIREMENTS: A. Lettering Required: Each Vehicle for Hire shall have the name of the owner or the operating company thereof painted plainly in letters at least two inches (2") in height on each side of the vehicle. Pedicabs and Horse-Drawn vehicles may use lettering smaller than two inches (2"). Removable lettering shall not be allowed. B. Repealed 5 LICENSED TAXICAB COLOR SCHEMES Old Capitol Cab, 107 S. Linn Street, P. O. Box 929, Iowa City, IA 52244 Top: Red (looks like Maroon) Bottom: Red Lettering: White Yellow Cab, 404 E. College Street, P. O. Box 426, Iowa City, IA 52244 Top: Yellow Bottom: Yellow Lettering: Black Super Shuttle, 175 S. Jones Blvd., Iowa City, IA 52240 Top: White Bottom: White Lettering: White Airport Express, 175 S. Jones Blvd., Iowa City, IA 52240 Top: Green Bottom: Green Lettering: Silver/Red/Yellow Airport Shuttle Service, 2121 Wright Bros. Blvd SW, Cedar Rapids, IA 52404 Top: Blue Bottom: Blue Lettering: Light Blue Hippie Cab, 1122 N. Dubuque Street, #5, P. O. Box 2874, Iowa City, IA 52244 Top: Green Bottom: Green Lettering: Purple A Yellow Taxi, P. O. Box 243, Riverside, IA 52327 Top: White Bottom: White Lettering: Black A-1 Taxi - North Liberty, Coralville, Iowa City, P. O. Box 9374, 3260 Southgate Court SW, Cedar Rapids, IA 52409 Top: Midnight Blue (Looks like Black) Bottom: Midnight Blue Lettering: White At Lindsey's Limousines, 3594 Perch Avenue Top: White Bottom: White Lettering: Gray (revised December 2001 ) ~ ~, C) Page 1 of 1 Marian Karr From: Missy Aitchison [MAitchison@westlibertyschools.com] Sent: Monday, December 10, 2001 11:52 AM To: council@iowa-city.org Subject: Smoking Ordinance City Council Representatives, I wanted to express my thanks for all of your hard work on the Smoke Free Restaurant Ordinance. Due to my asthma and smoke allergy, I have not been able to go to any restaurants that aren't smoke-free or have completely separate smoking and non-smoking areas for several years. I have been a resident of Iowa City for 15 years and would LOVE to patronize the downtown and other locally owned establishments if they go smoke-free. Please continue to vote for the ordinance. Thank you, Missy Aitchison 828 Pepper Drive 351-8431 12/10/01 Marian Karr From: Dori Barnes [faladori@yahoo.com] Sent: Sunday. December 02, 2001 10:33 PM To: council@iowa-city.org Cc: Lisa-Mollenhauer@iowa-city.org Subject: An Open Letter to Connie Champion, Ernie Lehman and Mike O'Donnell] Subject: An Open Letter to Connie Champion, Ernie Lehman and Mike O'Donnell-Opponents of Public Health and Safety I am utterly disgusted with those of you NOT in full support of the smoking ban. I cheer and thank (along with the rest of my family, including my husband, who is a cancer specialist)those of you who did. Growing up in California, I never ONCE heard a future lung cancer patient whine about NOT being allowed to putrefy the air of his or her fellow diners, and restaurant owners are not found sniveling about needing compulsive polluters around to make ends meet. Our family has fallen in love with Iowa City. The ONLY things we miss about the beach are the joys of virtually smoke-free living, Trader Joe's, and the fact that motorists actually respect PEDESTRIANS; toddlers and octogenarians alike. How dare you three who voted against the ban NOT protect me and my loved ones!? YOUR loved ones!? Your COMMUNITY?! At a recent city council meeting, my little Annabella asked me why you don't want to protect her. Can you answer her!? Shame on you. If I went into a restaurant with a FOGHORN and blasted it throughout the meal, that would be disturbing the peace and noise pollution, especially if it was loud enough to do permanent ear damage. More than likely I'd be hauled into jail. But can you HONESTLY say that smoking on other human beings is any less intrusive? Yours in respiratory distress, D.H. Barnes Manville Heights P.S. I expect a reply and an explanation for my 5 and six year old children, which they will share with their schools, Lincoln Elementary and Little Shadow Montessori Do You Yahoo!? Buy the perfect holiday gifts at Yahoo! Shopping. http://shopping.yahoo.com Page 1 of 1 Marian Karr From: Shari Burgus [sburgus@netins.net] Sent: Wednesday, December 05, 2001 12:04 PM To: Council@iowa-city.org Subject: Smoking ban Please pass the ban on smoking the Iowa City restaurants. As an organization that works closely with the University of Iowa we often meet in your fair city. It would be nice to have a place where we could go without having smoke filter into "our space". Shari Burgus, Education Director Farm Safety 4 Just Kids Earlham, Iowa 12/5/01 Marian Karr From: Ichriste@blue.weeg.uiowa.edu Sent: Friday, November 30, 2001 12:14 PM To: council@iowa-city.org Subject: Smoking Ban City Council, I am a student at the University of Iowa. After reading the Daily Iowan the other day I find it interesting that people are worried about how this ban will effect the businesses. The layout below is why. First: There was a report on the news about how the same type of ordinance, only with a "red light/green light" or "time limit" amendment, in ~/nes has not effected the businesses. Note: I am not in favor of the "red light/green light" amendment. I think this will make it more difficult to later become a completely non-smoking restaurant city as I read you are thinking of doing in the paper. Second: It was stated that the a large proportion of Iowa City residents are smoking. This is because the majority of the smoking population that eat at Iowa City "down town" restaurants are University of Iowa students. It is a fact that the residence halls are now smoke free, and no reduction in the amount of people signing up for living quarters has been mentioned. Also, students are not allowed to smoke in their classes. Many of these classes are an hour long, and some are up to 3 or maybe 4 hours. If students can wait to smoke while they are attending a lecture or a lab, then they should have no problem waiting to smoke until after they leave the restaurant from eating. If the restaurant/bar is worried about the after hours crowd when food is not primarily sold, I know that many college students would enjoy going to these establishments at these times but are unable to because they are smokey now, and this makes them ill. Third: The majority of the population are NOT Smokers. When going to a restaurant that has a waiting list, the wait is more often shorter in the smoking section because the majority of the people eating in the establishment are non-smokers. This may in the long run end the long waiting lists for the non-smoking section in the future. Lastly, and maybe what should have been first off, the health of the people that work and eat in these facilities. I realize that those that choose to work in a restaurant/bar, are choosing to work in an environment that they will encounter smoke, and this is a choice that I am sure many have made freely. However, the patrons that chose to eat in the establishment and get sat on one side of a half glass wall, where the smoking section is directly on the other side, are not separated from the smoke of that section. Smoke infiltrates the air, and if one person is smoking in a room, and even though there may be dividers in that room to help with less "wafting of smoke," the "wafting" still occurs. How is it fair to those people who choose not to smoke to be forced to inhale the secondary smoke while they are trying to eat? I realize that my points may not be described clearly, and that many of you may have questions about what I mean. If this is the case, please feel free to contact me. My contact information is below my signature. I thank you for your time. Marian Karr From: Moacyr Ribeiro de Oliveira [mozone4@earthlink.net] Sent: Thursday, November 29, 2001 12:29 AM To: City Council; online@press-citizen.com Subject: Disgusting I am disheartened and ashamed of those of you NOT in support of the smoking ban. I applaud and thank {as do my two small children and oncologist husband) those of you who did. I am from California, where this has been in effect for a number of years, and I'm sure you've all heard the statistics in favor of the ban. Let me please add that I never ONCE heard a person whine about NOT going into a restaurant because he or she would not be able to putrefy the air of his or her fellow diners, and I never once heard a restaurateur whine about not having enough smokers around to make ends meet or for any other reason. The ONLY things I miss about California (and I lived in Newport Beach) is the beauty of virtually smoke-free living and the fact that motorists actually respect PEDESTRIANS. Let's get on that one next. I'm sick of being honked at and given the "finger" for allowing children and college students and elderly people to assume the RIGHT OF WAY in CROSSWALKS, for crying out loud. Put up some signs before one of our precious children loses a life! Anyway, how dare you three who voted against the ban NOT protect me and my loved ones? How dare you. We have attended the meetings, and my FOUR year old TREASURE of a daughter put it so (pathetically) simply: "Why don't they care about people dying, Mom?' Shame on you. If I went into a restaurant with a FOGHORN and let it off every 2 or three seconds, that would be sound pollution, especially if it was loud enough to do permanent damage. And I bet I'd be hauled into jail. Can you explain to me the difference? With a very heavy heart. Dori Ribeiro de Oliveira Marian Karr From: Richard Dorzweiler [richard-dorzweiler@uiowaedu] Sent: Monday, December 10, 2001 9:27 AM To: council@iowa-city.org Subject: Smoke Free Ordinance I would like add my voice to the support for the smoke-free ordinance. I have concerns both as a patron being exposed to second hand smoke but also for the staff who are exposed to this hazzard over a long period of time. While they may chose to work in smoke filled extablishmemts, their health problems down the road become a cost for our society to bear. I consider this ordinance a beginning to ending smoking in all public places so if this ordinance is replaced with a more restrictive wording, that is fine by me. Richard Dorzweiler 917 Bluffwood Dr. Iowa City Marjan Karr From: Drake, Kelly [kelly-drake@uiowa.edu] Sent: Wednesday, December 05, 2001 9:24 AM To: 'council@iowa-city.org' Subject: Smoking Ordinance However smoky the issue is perfectly clear to me. Second hand smoke is dangerous. I would like to thank you for your work so far on this ordinance. My increased property taxes are helping to pay for all the improvements to the downtown area and I would like to be able to enjoy it more! Thank you for your consideration. Kelly M. Drake > Notice: This e-mail (including attachments) is covered by the Electronic > Communications Privacy Act, 18 U.S.C. 2510-2521, is confidential and may > be legally privileged. If you are not the intended recipient, you are > hereby notified that any retention, dissemination, distribution, or > copying of this communication is strictly prohibited. Please reply to the > sender that you have received the message in error, then delete it. Thank > you. fo Marian Karr From: Field, Elizabeth [FieldE@mail.medicine.uiowa.edu] Sent: Thursday, December 06, 2001 5:59 PM To: 'council@iowa-city.org' Cc: 'dee-vanderhoef@iowa-city.org'; 'connie-champion@iowa-city.org'; 'lpfab@avalon.net'; 'ross- wilburn@iowa-city,org' Dear Hayor Lehman, The Press Citizen in a recent editorial gave the impression that big tobacco couldn't possibly be behind any of the opposition to your proposed ban on smoking in restaurants. Please do not be naive about the power and influence of the tobacco lobby on this issue. The tobacco industry actively solicits opposition to local ordinances like the one proposed in Iowa City, through various means. One example is the link that I have included in the bottom of this email. Take a look at the very end of the page where the Pro Choice Smoker's Newsletter urges people to contact the Iowa City Council to express their opposition to the smoking ban. The support for these kinds of organizations can be traced to tobacco company money. Why should tobacco companies be interested in what goes on in Iowa City? Any ordinance that proposes to limit smoking impacts the market for selling tobacco. Remember that tobacco companies are in business because they market nicotine delivery systems that result in hooking people on nicotine. I ask you to carefully weight the conmments that you may receive related to the anti-smoking ordinance and consider the source of the conuments. I have lived in Iowa City since 1986 and have three school aged children. Opponents have argued that if people don't want to be exposed to second-hand smoke in restaurants, then they have the choice of staying home. Presently this is how our family chooses to deal with the problem. Very rarely do we go out to restaurants anymore, because of the smoking. I support a FULL ban on smoking in all public places, BECAUSE EXPOSURE TO SECOND HAND SMOKE IS A PUBLIC HEALTH ISSUE. I urge you to adopt the resolution as it stands as a start. I look forward to expanding the circle of restaurants that our family currently patronizes. Sincerely, Liz Field, HD Professor, Internal Hedioine University of Iowa College of Hedicine <http://193.78.190.200/smokersclub/newllg.htm> FILED Dr. R. William Field December 4, 2001 627 Saint Thomas Court Z~BI BEC -5 ~I't I1: 5h Iowa City, Iowa 52245 CW'( Dear Iowa City Council Members, IOWA CITY, IOWA I urge you to move on, without further delay, to pass a strong smoke free ordinance. I have been saddened the past few weeks to see certain members of the council play favorites by trying to adjust the percentage to exclude specific establishments from the ordinance. In all fairness, the 50% level is a reasonable starting place. The percentage can be lowered in the future to include all public establishmems in Iowa City. I also hope the council does not try to water down the ordinance as it stands with accommodations like ventilation exemptions or red/light green light. Ventilation is not an effective means to remove tobacco smoke. The Occupational Safety and Health Administration states, "from the industrial hygiene perspective, general ventilation as delivered by heating and air conditioning (HVAC) systems, is not an acceptable engineering control measure for controlling occupational exposures to (environmental tobacco smoke) ETS." The 1999 American Society of Heating, Refrigeration and Air Conditioning Engineers' (ASHRAE) standard 62-1999 specifies minimum ventilation rates and indoor air quality that will be acceptable to human health (see attachment http://www.ashrae.org/STANDARDS/6206.htm). The ASHRAE standard is the gold standard against which all indoor air quality is usually measured. The standard assumes nonsmoking environments everywhere except bars and casinos. Therefore, the ASHRAE standard can not be used for restaurants where smoking is allowed. If the council were to pass a ventilation exemption, what criteria would the council specify for the ventilation system? I urge the council to consider the support for the smoke free ordinance. You have seen the polls. Also, note just some of the local and national support for efforts to reduce the death and disease from exposure to tobacco smoke. Many diverse groups support a strong smoke free restaurant ordinance including the Johnson County Department of Public Health, United Action for Youth, Holden Comprehensive Cancer Center, 4Cs Community Coordinated Childcare, Health Committee for the Iowa City Community School District, American Red Cross, University of Iowa College of Public Health, Pediatric Associates, Iowa Statewide Perinatal Care Program, Mercy Hospital Community Health Partnership, Iowa City Free Medical Clinic, American Cancer Society of Johnson County, American Heart Association, Table-to-Table Food Distribution Network. Ailergy and Asthma Network - Mothers of Asthmatics, Inc., Alliance for Lung Cancer Advocacy, Support, and Education (ALCASE), Alliance of Community Health Plans, American Academy of Addiction Psychiatry, American Academy of Child & Adolescent Psychiatry, American Academy of Family Physicians, American Academy of Otolaryngology, Head & Neck Surgery, Inc., American Academy of Pediatrics, American Association for Respiratory Care, American Association of Physicians of Indian Origin, American Cancer Society, American College of Cardiology, American College of Chest Physicians, American College of Occupational and Environmental Medicine, American College of Physicians-American Society of Internal Medicine, American College of Preventive Medicine, American Dental Association, American Heart Association, American Medical Association, American Psychiatric Association, American Psychological Association, American School Health Association, American Society of Anesthesiologists, American Society of Clinical Oncology, Association of American Medical Colleges, Association of Black Cardiologists, Inc., Association of Maternal and Child Health Programs, Association of Schools of Public Health, Association of State & Territorial Health Officials, Association of Teachers of Preventive Medicine - ATPM, Campaign for Tobacco-Free Kids, Children's Defense Fund, College on Problems of Drng Dependence, Committee for Children, Community Anti-Drug Coalition of America (CADCA), Council of State & Territorial Epidemiologists, Family Voices, Federation of Behavioral, Psychological and Cognitive Sciences, Hadassah Interreligious Coalition on Smoking, Latino Council on Alcohol and Tobacco, National Association of Children's Hospitals, National Association of County and City Health Officials, National Association of Local Boards of Heakh, National Center for Health Education, National Center for Policy Research for Women & Families (CPR), National Hispanic Medical Association, National Mental Health Association, National Women's Law Center, Oncology Nursing Society, Partnership for Prevention, Society for Public Health Education, Society for Research on Nicotine and Tobacco, Society of Behavioral Medicine, Society of Critical Care Medicine, and the Summit Health Coalition. Let Iowa City stand out as one of the "healthy cities" to work and live. Most progressive businesses moving to the area will see this ordinance as a community asset. Sincerely, R. William Field -Standard 62-1999, INTERPRETATION IC 62-1999-06 OF Page 1 of 2 Standards Interpretation - Standard 62-1999 INTERPRETATION IC 62-1999-06 OF ASHRAE STANDARD 62-1999 VENTILATION FOR ACCEPTABLE INDOOR AIR QUALITY April 5, 2000 Request from: Francis J. Offermann P.E., CIH, Indoor Environmental Engineering, 1448 Pine Street, Suite 103, San Francisco, CA 94109 Reference: This request refers to ASHRAE Standard 62-1999, Table 2, Outdoor Air Requirements for Ventilation. Background to Questions: Addendum 62e removed from the footnote to Table 2 that a moderate amount of smoking was covered by the rates in the table. It is now not clear whether the table covers any amount of smoking or assames no smoking. If it assumes no smoking, it is not clear what can be done to satisfy the standard in the presence of ETS on the basis of health and/or perceived air quality. Indoor Environmental Engineering's Interpretation #1: The rates in Table 2 assume no smoking for all spaces listed except smoking lounges, bars and cocktail lounges, and casinos. Question No. 1: Is Interpretation # 1 correct? Answer: Yes. Comment: The approval of addendum 62e removed the statement that these rates account for "a moderate amount of smoking" based on the statements of numerous cognizant health authorities regarding increased mortality and other adverse health effects associated with environmental tobacco smoke. While the rates themselves were not adjusted downward as part of addendum 62e, the intention of this addendam was that the Ventilation Rate Procedure applies to only spaces with no smoking. The intent of the committee in making this change was to be consistent with section 6.1.3.1 of the standard. If these rates are revisited in future addends, their revision will be based on an assumption of no smoking. Indoor Environmental Engineering's Interpretation #2: The rates in Table 2 assume no smoking for smoking lounges, bars, cocktail lounges and casinos. Question No. 2: Is Interpretation #2 correct? Answer: No. Comment: Despite the answer given above on Interpretation #1, these spaces remain in the table. Future addends will eliminate this "inconsistency" by providing separate guidance on determining ventilation rates for these spaces (and other spaces) when smoking is permitted in them. http://www. ashrae.org/STANDARDS/6206.htm 12/04/2001 Standard 62-1999, INTERPRETATION IC 62-1999-06 OF Page 2 of 2 Indoor Environmental Engineering's Interpretation #3: The IAQ procedure may be used to design spaces in which smoking takes place. Question No. 3: Is Interpretation #3 correct? Answer: Yes. Comment: If smoking is expected to occur in a space, then the statement in section 6.1.3.1 of the standard would disallow the use of the Ventilation Rate Procedure since "human carcinogens or other harmful contaminants are suspected to be present." As noted above, ETS falls into this category based on the findings of numerous cognizant health authorities based on its association with lung cancer and other adverse health effects such as heart disease. Under these circumstances, this section requires that "other relevant standards or guidelines (e.g., OSHA, EPA) must supersede the ventilation rate procedure." The Indoor Air Quality Procedure is one of the others standards or guidelines that may be applied as an alternative procedure. The Indoor Air Quality Procedure requires the control of "the concentration of all known contaminants of concern to some specified acceptable levels", but it does not establish these levels. Revision Date: June 14, 2000 ©2000 ASHRAE. All Rights reserved. I~ RETURnTO lout PAGEI http://www. ashrae.org/STANDARDS/6206.htm 12/04/2001 Page 1 of 1 Marian Karr From: Eileen Fisher [~shy33@zeus.ia.net] Sent: Tuesday, December 04, 2001 10:26 PM To: council@iowa-city.org Subject: Smoke free restaurant ordinance Dear Council: I am very disappointed to find that some of the owners of downtown restaurants are opposing the smoke-free restaurant ordinance, supposedly on the grounds that it will ruin their efforts to bring music to Iowa City. I suspect that the only people they talk to about the issue are their current clientele, which they don't seem to realize is largely limited to people who smoke or have a high tolerance for smoke. I like much of the music that comes to the Mill and the Sanctuary, but I can't stand to go there to listen to it because the smoke is so thick. There are many followers of local musicians who feel the same way, and would love to see those places go smoke free. There are, after all, about three non-smokers for every smoker, a fact that opponents of the ordinance don't seem to grasp. They appear to assume that smokers will base their decision on where to eat or drink on whether the place is smoke free, but that no non-smokers will do so. This is preposterous. Many of us do and will make decisions to go only to smoke-flee places (the high level of community support for this ordinance is evidence of that); and there are many more of us. We will go listen to music that we couldn't have enjoyed before. These restaurant owners should get on the bandwagon and figure out how best to take advantage of being a newly smoke-free establishment, instead of having to be dragged kicking and screaming into the 21st century. But I suspect that they will find soon enough that their prophecies of financial ruin were in error. Please stick to your guns and pass the ordinance two more times, and don't water it down to appease a few short-sighted business owners. Peter Fisher 3722 Hummingbird Lane SE Iowa City, Iowa 52242 12/5/0 1 December 6, 2001 Iowa City Council Civic Center Iowa City, tA 52240 Dear Members of the Council, The ordinance to ban smo!~-i~ restaurants is a huge mistake! It should be obvious to all of you that with all the problems you have encountered just trying to come up with workable language for this ordinance, that you should vote NO and keepCity government out of private business. I am-a nonsmoker and-have ~ places-where t wasbothered by the smoke. Thisis my fight. Everyone has this same fight and should exercise it. No one is forced to go into any private business~stablishment, and~hene-e, govemmen~ should let the flee marketplace determine this issue. We all know there is a wett organized group pust~ the passage of this ordina~'~ce. Do not let this narrow, misdirected group cause you to pass laws that the local government should stay a~ay froF~. l:hese laws-wilt hu~ hushaessesin lowa:City. Coralville had the good sense to not pass this ban. Iowa City should follow their lead and do likewise. Iowa City, IA 52240 Marjan Karr From: Goffstein & Lindman [DLGOF@earthlink. net] Sent: Wednesday, December 05, 2001 9:24 AM To: opinion@press-citizen.com Cc: council@iowa-city.org Subject: Smoking Ban I have been watching the smoking ban debate in your paper with great interest. As a licensed physician for the past 30 years I have seen the effects of smoking on my patients and as a result have a very negative opinion of the Tobacco Industry and their manipulative marketing and legislative tricks. On the other hand I have nothing but respect for my friends, patients, and acquaintances who smoke. All of my efforts to win them away from their addiction has been put forth with this respect in mind. The guest opinion page in your November 27 issue is what solidified my own opinion in this matter. Pete Wallace's attempt to equate Iowa City's smokers and smoke-friendly restaurantcurs wishes in this matter with "Big Tobacco" plots and machinations is absurd. It is, in itself, the type of manipulative statement worthy of Tobacco industry rhetoric. On the other hand, as a musician playing with the Iowa City based Blues Band-"the Tornadoes" I have had more than ample opportunity to inhale side-stream smoke in local restaurants and clubs, as well as many years of the same in my native Minneapolis club scene before moving to this area 20 some years ago. I have some insight in the workings of local music ecology. I would have to agree that a smoking ban as presently proposed would have major negative impact on the downtown entertainment industry. On the other hand it would be a real boost for the rapidly growing entertainment and hospitality industry in Coralville which I am sure would welcome the opportunity to corner the market on housing and entertaining sports fans and conventioneers; smokers and non-smokers alike. This area has a wonderful variety of excellent restaurants including over 50 smoke free venues. I agree strongly with Chef Kurt Micheal Friese's recent letter to the Press Citizen suggesting a more respectful attitude toward this extremely important segment of the downtown Iowa City economy. With all of this wonderful variety why not let the area residents and visitors make their decisions and cast their votes the way it should be done in a free-market economy; let them decide this matter with their dollars. I oppose the Talibanesque attempt of non-smoke political groups to impose their will on others, but will continue to support educational attempts to inform the public of the dangers of smoking. I think we should support the Freedoms granted to us and let a free-market economy decide this issue. Sincerely, Bob Goffstein Marjan Karr From: Gould, Renee [renee-gould@uiowa.edu] Sent: Tuesday, December 04, 2001 3:22 PM To: 'council@iowa-city.org' Subject: Second Reading Dear Council Members, Congratulations and thank you for voting in favor of a strong, easy to understand and easy to enforce smokefree restaurant ordinance. The current ordinance is one that will help move Iowa City to an eventual 100% smokefree status each which the City Council said they see in the future. I urge you to continue to vote in favor of the current ordinance, without revisions, at the upcoming readings. If we are going to do it right, our ordinance should NOT have a lot of exemptions (red light/green light, ventilation, etc). Exemptions: 1. will slow down the process of passing an ordinance 2. are just what the tobacco companies want to see in order to cloud the issue in our community 3. make the ordinance more difficult to understand and enforce. Work on this ordinance has gone on for over a year now. We waited for the 'alcohol ordinance' to be completed. Now alcohol issues are impeding the council agreement on the smokefree ordinance. You know there is community support. Now is the time to complete the process. If you have any questions, please be sure to go to credible sources There seems to be information coming from sources whom you have to question their motivation. Thank you again for your ongoing support. Renee Gould, RN, MS Thoracic Oncology, gIHC 2923 Radcliffe Ave. Iowa City, IA Marian Karr From: Nicole M. Gustafson [ngustafs@blue.weeg.uiowa.edu] Sent: Tuesday, December 04, 2001 5:54 PM To: councii@iowa-city.org Subject: Smoke-free restaurants Dear Councilors, I am writing to let you know that I am totally in support of the current smoke-free restaurant ordinance. I currently do not patronize many downtown restaurants, simply because they allow smoking. I look forward to the day when I can go to downtown establishments and enjoy the entertainment without being exposed to secondhand smoke. Please vote "YES" for the ordinance at the second and third readings. We have had the debate. Now is the time to act! Sincerely, Nicole Gustafson University of Iowa College of Law student 807 Woodside Drive Iowa City, IA 52246 319-339-4690 "Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it's the only thing that ever has." -Margaret Mead "l:t- ~ C) Page 1 of 1 Marian Karr From: aaron hammes [amazingaaron2001 @yahoo.com] Sent: Tuesday, December 11, 2001 12:46 PM To: council@iowa-city.org; dhammes@meccaia.com Subject: Smoke-Free Restaurant Ordinance Connie Champion, Ernie Lehman, Steven Kanner, Mike O'Donnell, Irvin Ffab, Dee Vanderhoef, Ross Wilburn I am an active member of the Iowa City Rugby Club; Iowa City Wrestling Club; and IowaCity/Coraliville ICOR Boxing Club; I am a great athlete and I find this triumphant b/c I also have Asthma. I am one of over a Million Americans who can't set foot in an enviromment that allows smoking without risking an asthma attack. Secondhand smoke makes my astlmaa, a child's, and other adult's asthma more severe. Seconhand smoke also causes thousands of new asthma cases each year! If you've never experienced an asthma attack - I'll share the first asthma attack, I remember, with you. I was about eight years old, and helping my older brother's scoop oats, the oat dust triggered an asthma attack (similar tosecondhand smoke triggering an attack); I remember not being able to speak very well, and I couldn't breathe, severe wheezing started. My brother's took me up to the house and got my mother. She panicked a little, as she had never seen this in her kids before. I remember sitting in the front seat of her car on the way to the emergency room and sipping water the whole way out of my crayola cup. I was thinking, If I sip water slow enough, it helps me breathe, because my throat is wet. I WAS SCARED. Finally, at the hospital, they gave me a shot of cortizone or something, and I got my first inhaler. (If I'm in a dusty environment, now, I wear an industrial dust mask) I live a normal and healthy lifestyle...with Asthma because Asthma is preventable and treatable. Further, As a counselor working with Homeless in Iowa City, I take pride in assisting people to make positive choices towards a wholistic, healthy lifestyle ...... As council members, you, have the opportunity to assist children and adults like me to enjoy our city's restaurant's with reduced risk to asthma. Have I hammered the point home ? -> Pass The Smoke-Free Restaurant Ordinance. Sincerely, Aaron R. Hamrues; 711 Church Street; Iowa City IA 52245 phone number 688~5034 Do You Yahoo!? Check out Yahoo! Shopping and Yahoo! Auctions for all of your holiday gifts! 12/11/01 Marjan Karr From: David Hansen [davidlh@netins.net] Sent: Wednesday, December 05, 2001 11:23 AM To: 'council@iowa-city.org' Subject: Smoke-free restaurants Good morning, city council members: I come to iowa City frequently as I have a son living there. I want to commend you for the initial action you have taken to have smoke-free restaurants. We dine out a lot when I am there and it is so annoying to have smoke permeate the place. There is no such thing as a "no-smoking" section, just like there wasn't on the airlines. Smoke cannot be contained! Please pass this ordinance! David L. Hansen Executive Director Farm Safety 4 Just Kids PO Box 458 Earlham, IA 50072 515-758-2827 or 1-800-423-5437 www.fs4jk.org davidlh@netins.net Plan to attend "Celebrating 15 years of Farm Safety 4 Just Kids" Conference March 15 & 16, 2002 in Ames, Iowa. Marjan Karr From: Hansen, James [james-hansen@uiowa.edu] Sent: Monday, December 10, 2001 2:00 PM To: 'council@iowa-city.org' Subject: Smoking Ordinance Smoking is a public health issue, not a business issue. Restaurant owners dont protest when subjected to health and sanitation inspections claiming they are being "singled out" because it is health related. So is smoking. As for being "singled out," I have not been in any other business establishment downtown that smoking is allowed. They (bars) seem to be singled out as the only business that does allow smoking. If they persist in this ridiculous line of BS, change the wording to ban smoking in ANY business that does 50% or more of there sales in food. Or better yet: Ban smoking in all I,C. businesses so the bar/restaurant people wont feel so "singled out." As if that should dictate a public health policy in the first place! James Hansen Marian Karr From: cydance@webtv. net Sent: Sunday, December 02, 2001 2:18 AM To: council@iowa-city.org; Lisa-Mollenhauer@iowa-city.org Subject: Smoking Bans Dear Council Members, I have never been to Iowa, I know no-one there and it's unhighly likely that I will ever visit. I live in the great state of Kalifornia. Please don't follow the Nico Nazi line and make rules that have nothing to do with common sense. If restaurants are given the choice, they will follow the dollar. If enough people want smoke free restaurants, these restaurants will go smoke free. Why would you be interested in those few restaurants who decide to cater to smokers? I know that the antis would object to even one restaurant that made smokers welcome. These antis want complete control. They would be unhappy if there was just one restaurant out of one hundred who allowed smoking, Does this tell you anything? Sincerely, Y. Hester Madan Karr From: Hodne, Caro] [CHodne@mail.public-healthuiowa.edu] Sent: Wednesday, December 05, 2001 11:55 AM To: 'council@iowa-city.org' Subject: smoke free restaurant ordinance Dear City Councilors, I look forward to the day when all the restaurants in Iowa City will be smoke free so I can enjoy dining and listening to music in a healthy, pleasureable atmosphere. Sincerely, Carol Hodne 817 N. Linn St. Iowa City, Iowa 52245 Marian Karr From: James A Hunsaker IV [ihunsake@cs.uiowa.edu] Sent: Saturday, December 01, 2001 10:23 AM To: council@iowa-city.org Subject: CAFE Why don't you liberals do something right for once and pass a 24-hour smoke free ordinance? Thank you. James A Hunsaker IV jhunsake@cs.uiowa.edu Marian Karr From: Suzanne. Jacque@cancer. org Sent: Tuesday, December 04, 2001 10:18 AM To: council@iowa-city.org Subject: Smokefree Restaurant Ordinance Members of the Iowa City city council: The American Cancer Society is committed to reducing tobacco related deaths and disease. Secondhand smoke is the third leading cause of preventable death, behind only active smoking and alcohol use. The Iowa City city council is to be commaended for its first vote to enact a strong smoke-free restaurant ordinance. Many communities in the Midwest and across the nation have already enacted smoke-free restaurant ordinances. The tobacco industry always greedily opposes any efforts to reduce smoking. The American Cancer Society supports the Iowa City city council for their efforts to protect our children and our community from secondhand smoke. American Cancer Society, Johnson County Unit 301 S. Clinton Street Iowa City, IA. Barbara Elias Suzanne Jacque Barbra Kamer Lisa Kessler Dixie Kleiman Meghan Kodweis Kim Lansing Karla Wysocki Comanunity Advocacy Coordinator American Cancer Society Phone: (319)887-7422 Toll-free phone: 888-266-2065 Marian Karr From: Geoff Johnson [geoff@arthur.avalon.net] Sent: Thursday, November 29, 2001 5:17 PM To: council@iowa-city.org Subject: Smoking Ordinance I am very happy to see that this ordinance passed in the first round and I would hope that it passes this next round. As somebody who has suffered from smoke-related illness in the past, I am glad to hear that I will be able to actually go to new restaurants without having to send somebody there ahead of time to determine if there is smoke. Even with no-smoking sections, smoke drifts in, and sometimes you have to walk through or past the smoking section to get to the no-smoking section. Please vote to approve this ordinance. It will improve the health of the community, and allow some of us to go out in public more often. Geoffrey Johnson 2687 Concord Circle Iowa City, IA 52245 Marjan Karr From: dklinzman@icva.gov Sent: Tuesday, December 11, 2001 1:51 PM To: council@iowa-city.org Subject: smoking ordinance Dear City Council; I am writing to urge you to pass the proposed smoking ordinance for Iowa City. It seems that many of the council members are caving in to the business owners who oppose any restrictions. I fail to understand their logic. The majority of adults do not smoke, yet the minority seem to dictate what the rest of us must endure. If you want to encourage people to go downtown, then give us a reason to. I cannot tolerate the smell of cigarette smoke--it gives me a headache and makes me want to throw up. If I'm going to spend $30-$50 for a nice dinner in a restaurant, I will make sure that it is nonsmoking. Coralville has several options (Mondos Tomato Pie being my favorite) and I can park for free! I definitely don't understand Mr. Mondanaro's whining about having to go smoke-free in Iowa City, yet boasts one of the smoke-free restaurants in Coralville. Yes, perhaps a higher percentage of students smoke than the rest of us, but it's the professionals in this town who spend the most money. I shouldn't have to lecture you about the dangers of second hand smoke. If people want to kill themselves with tobacco, fine, but let them do it at home. You guys seem to not understand that more people would frequent some of the downtown restaurants if they didn't have to go home and wash their clothes and hair to get the smell out. Separating "sections" doesn't work--the smoke finds it's way to the nonsmoking sections, too. If someone can't go an hour without smoking then they can go outside. Why do you think both the U of I Hospitals and the VA Medical Center don't allow smoking inside any of their buildings? If the restaurant owners think they're being picked on, then don't allow smoking in public places period. It has worked in California. I'm very disappointed that some of you have changed you stands on this issue since the last elections. I know many people who would like to take their votes back. I will certainly take mental notes of your votes and will keep that in mind when deciding which stores to frequent downtown. Sincerely, Donna Klinzman 262 West Side Drive Iowa City Marian Karr From: Meg. Kodweis@cancer. org Sent: Wednesday, November 28, 2001 10:36 AM To: council@iowa-city.org Subject: smoking ordinance Dear Council Members, I was pleased to see the passing of the first reading for the secondhand smoke-free ordinance in restaurants for Iowa City. And, while the debate between council members, restaurant owners, smokers and non-smokers will continue over the next couple of months, the facts will remain the same. Secondhand smoke is a complex mixture of chemicals generated during the burning of tobacco products including more than 50 known cancer-causing agents; Secondhand smoke causes 3,000 deaths from lung cancer and up to 62,000 deaths from heart disease; Children exposed to secondhand smoke are more likely to develop bronchitis, asthma and middle ear infections than children not exposed to secondhand smoke. Tobacco use is a privilege, not a right. Local smoke free policies remain the only measure to truly ensure that employees, patrons, and children are adequately protected from the dangers of secondhand smoke. Primarily, people go to restaurants to eat - -not to listen to music, not to drink alcohol, and not to smoke - - to eat. Whether it is pasta, a corned beef sandwich, or a slice of pizza, it is to satisfy the hunger pangs in the stomachs of Iowa City residents and citizens from outside communities that visit our unique city. If a patron is really interested in listening to a particular musician or band, they will go to the restaurant, regardless of whether smoking is permitted or restricted. Again, you go to listen to the band, not to smoke. My hometown (Rochester, New York) went through smoke free ordinances about ten years ago. The same agitations were felt then by restaurant owners of private establishments that is going on now in Iowa City. When the ordinance passed, there was concern that business would slow, that more restaurants would turn into bars and that restaurants would in fact close down. All of the opposite occurred. More people visited the restaurants and in fact more types of restaurants opened, including an alcohol-free/smoke-free bar. It was called "Home" and it was very difficult to get into to play pool or throw darts. Needless to say, it was a very very popular with the college students. It is time for Iowa City to change its social behavior and become a responsible city to the residents that live here year round and to the college students that live here for 4 - 6 years and then move on. Thank you. ~Megban Kodweis Iowa City Resident Marian Karr From: Meg. Kodweis@cancer.org Sent: Wednesday, December 05, 2001 1:32 PM To: council@iowa-city.org Subject: second reading and vote of smoke-free ordinance Iowa City city council members: The time has come, The general public has spoken. There has been enough debates. Please, no more delays. Please, stop the amendments. Help us help our children by protecting their young, growing lungs. Help adults in denial or adults who don't want to help themselves by giving them a smoke-free eating environment. For the good of all who reside or visit Iowa City, now is the time to stand up to the opposition. Don't be afraid, don't give into restaurant owners more concerned about their bottom line than the overall health of their patrons and employees. Pass the strong smoke-free restaurant ordinance as it is written. ~Meg Kodweis Iowa City Resident Marian Karr From: Koenig, Patti [KoenigP@uihc.uiowa.edu] Sent: Tuesday, December 11, 2001 10:03 AM To: 'council@iowa-city.org' Subject: Smoke-Free Restaurants Dear Council: Please vote to ban smoking in the Iowa City Restaurants. I support your 50% plan, and I wish it was 100% so the playing ground would remain equal. 50% is better than nothing. I love the restaurants (and stores) in downtown Iowa City, but refrain from visiting them because of the smoke filled environment. The smoke causes migraines for me, and I have 8 grandchildren whom I absolutely do not want in that environment. My husband is even more adamant than me, if that is possible. I have a family of 150 {from my parents down) who share these feelings. If you thing about it, not even smokers smoke while they are eating. So why should they smoke when I am eating. Thanks for the venue to voice my opinion. Please continue to pass this ordinance on the second vote. My in-laws live in Eau Claire, WI, which bans smoking in restaurants, and the smokers are still going out to eat. Thanks, Patti Koenig 410 E. 7th Street Iowa City, IA 52776 I am a senior at the University of Iowa. I am writing in regard to the smoke free ordinance currently under discussion by the Iowa City council. Over the past four years I have frequented many restaurants and bars in the Iowa City area only to have the experience tainted by smoke. Numerous times my meal has been mined by smoke, and causes me to wonder about the detrimental affects it has on my health and the health of others. If there was a smoke free ordinance in the restaurants and bars of Iowa City I would be more apt to go to these places. The debate has been dragging on too long, and I urge the city council to move forward and vote on the ordinance as it was approved on November 27. Give me and my classmates of 2002 a healthy reason to come back, or even STAY here in Iowa City after we graduate. Jason Krumbholz 427 N Dubuque St. #2 Iowa City, IA 52245 Marian Karr From: SuziL@fyiowa.com Sent: Tuesday, December 04, 2001 8:23 AM To: council@iowa-city.org Subject: Smoking Ban Hello- I have never taken the time to write to the city council on any issue before, but I feel that I must write and give my opinion on this matter. I am very much in support of the smoking ban. Right now we are reading in the newspaper and watching on TV all sorts of sensationalistic reports that business will decrease if the smoking ban is enforced. That all the bar/restaurants downtown will strictly become bars if they have to choose. I read today in the DI a sensationalistic piece that even suggested that second-hand smoke isn't harmful. I think that the owners of the businesses downtown are fooling themselves if they think that business will decrease. I know that right now I NEVER go to any of the bars downtown. It's not that I don't enjoy the socialization or playing pool, but it is that I don't like smelling like an ashtray. I hate coming home and having to take a shower to get the filthy film of grime that covers me when I visit a smoking bar. If these places were non-smoking, then people with asthma, allergies, and those of us who just can't stand the smell will come out in droves to patronize these businesses. A good example is to look at Sluggers, a non-smoking sports bar/restaurant. Any time I've been in there, it doesn't look like they are hurting for business. But most of all, before listening to all the sensationalism, look at California and other places that have banned smoking. Their businesses are doing just fine. I think this city will be surprised at what will come of this, if they have the guts to carry it out. Suzi Lang Gazette Communications (319) 265-6933 suzil@fyiowa.com Marian Karr From: ALoren44@aoLcom Sent: Wednesday. December 05, 2001 10:30 AM To: council@iowa-city.org Subject: Smoke Free Ordinance December 5, 2001 To Whom It May Concern: Over the past several months, I have watched the Iowa City City Council discuss the issue of smoke-free restaurants. Last week, the Council took a big step my having the first reading of a good ordinance. What I don't understand is why the Council is debating and questioning good public health policy. As a parent, my focus is primarily on the impact that this issue has on our children. For years, we have been telling our kids that drugs are ~ad, and our county has spent millions of dollars on anti-drug messages. We are always telling our kids to stay away from drugs; tobacco is a drug too and kills more than 400,000 people every year, more than HIV, maternal mortality, automobile accidents, homicide and suicide combined. Tobacco is considered the gateway drug and more than 12,000 Iowa kids will start smoking this year alone. We are losing our war on drugs, and the City Council has a chance to protect the young people in our community by passing this ordinance. They would not only be able to protect them from the dangers of secondhand smoke, but they would also be teaching them that smoking is not healthy. By posting "No Smoking" signs and removing ashtrays from tables, our community will send a clear message to our youth. We have a golden opportunity to implement a strong smoke-free restaurant ordinance that will protect the people in our community from dangers of secondhand smoke. I prefer to dine in a smoke-free environment, and I understand that the majority of Iowa City residents, do as well. Do the right thing and pass a strong ordinance that protects our children and keeps them from starting to use tobacco products. This will be a major win for our community now and for years to come. A1 Lorenzen ~ \ I3 Page 1 of 1 Marjan Karr From: Ken Mcllrath [kennethmac@home.com] Sent: Monday, December 10, 2001 7:15 PM To: council@iowa-city.org Subject: Citizen of Marion, Iowa. Commenting on smoking ordinance in process. TO: Council members Congratulations and thank you!! We are from Marion and eat in Iowa City on occasion as well as attending functions in your fine city. Due to loss of father, uncles, aunts, and other relatives due to cancer and heart disease 1 quit smoking 14 years ago and find it repulsive to eat amongst the odorofsmoke. Pointing out Gazette columnist Shirley Ruedy, article l2/10/01Cedar Rapids Gazette, Page 5D, I would absolutely love to see 2 changes. 1. Increase fine to $150.00 and 2. Increase coverage to include ANY establishment where food MIGHT be eaten. Marion Country Kitchen restaurant instituted a complete no smoking establishment a few months ago and am told by management and employees that they love it and customers who threatened to leave because of it have since returned and there has been an increase in overall business since the ban. Thank You Ken Mcllrath 2895 16 Ave Marion, Iowa. 52302 kennethmac@home.corn 12/11/01 Marian Karr From: McLaughlin, Kelley [kmclaugh@razi.surgery.uiowa.edu] Sent: Tuesday, December 04, 2001 11:50 AM To: 'council@iowa-city.org' Cc: 'renee-gould@uiowa.edu' Subject: Smoking ordinance Dear City Council members: Please take into grave consideration the smoking ordinance that is being considered. If any one of you have a loved one that they would consider their health more important than the almighty dollar, please re-think this! and now! the health of our family, children and friends are much more important than the financial ramifications of the business district in our area! Smoking causes horrible diseases, and is a major risk for our youth! Does our community want our healthy citizens in a smoking environment? Is that really "caring" about our community? I work with lung cancer, and see the devastating effects of it...i strongly believe the business's of I.C. will thrive and even grow if you pass the smoking ordinance, citizens that would not or could not eat in some our wonderful establishments will now have the opportunity! Please pass this ordinance! thank you Kelley McLaughlin RN Thoracic and Cardiothoracic Clinical Coordinator 1604 JCP Division of Cardiothoracic Surgery University of Iowa Hospitals and Clinics 200 Hawkins Dr., iowa City, IA 52242 Phone: 319-384-7917 Fax: 319-356-3891 Email:kelley-mclaughlin@uiowa.edu MARC B. MOEN WHITEWAY 2000 BUILDING 210 SOUTH CLINTON STREET APARTMENT 601 IOWA CITY, IOWA 52240 E-MAIL: mmoen~prodigy.net TELEPHONE: 319.358.0400 319.430.3010 December 3, 2001 Dear Mayor and Council Members: Re: Smoking Ordinance I am very concerned about the negative impact that the proposed smoking ordinance would have on future development in downtown Iowa City. I have great respect for the Iowa City Council and aH it has done for this City in the past several years. Due largely to the vision of the CoancH the downtown area is ripe for development. In my opinion, downtown Iowa City is about to explode into an exciting and vibrant place to live and shop. However, I am very concerned that the proposed smoking ordinance would significantly undermine the potential to market anything other than student housing in the downtown area. The University and the students are a major positive factor in Iowa City. The students bring a welcome vitality to the City. However, we must be vigilant not to act in a manner which will further promote the praliferafion of bars catering to students. Many restaurants in Iowa City rely on nightclub business for a portion of their revenue, without which they cannot survive. The smoking ordinance, as currently proposed, will encourage some restaurants to increase alcohol and decrease food sales so they meet the percentages necessary to continue to allow smoking. Other restaurants will simply not be able to meet the percentages and will likely not survive due to the loss of their bar business. The discussions of the council over the past several months has opened my eyes to the smoking issue. Although I am very aware of the negative effects of smoking (my father is dependent on an oxygen tank to survive due to smoking induced emphysema and I personally abhor being exposed to cigarette smoke) I initially felt there should be no ordinance regarding smoking. When it became apparent the Council was going to take some action I felt it should be based on 80% food sales. As I listened to the various percentages be'rag tossed around, I realized any percentage was arbitrary and unfair. I then began to think a "red light/green light" ordinance should be adopted. I discovered I was trying to minimize the effect of the ordinance on businesses and consequently on smokers. I realized how unfair any middle ground would be to some businesses (primarily good restaurants doing substantial food business) and what a boon it would be for bars who are primarily selling alcohol in large part to students. I further realized that attempts to fashion some sort of middle ground were extremely difficult because any such version is not intellectually honest. It is attempting to make logic out of something illogical. It cannot be done. Why not a total ban for aH bars and restaurants? When this was suggested by some council members it met with the conclusory statement: "the public is not ready for it". I disagree. Regardless, when health is at stake, the Council should pass an effective and fair ordinance, not an ordinance driven by whether certain segments of the public are "ready for it". Iowa City is a highly educated community. I believe that the public is not ready for a watered down ordinance that adversely impacts good restaurants and does not accomplish the intended health objective. An effective and fair ordinance will be viewed with much less cynicism and can be justified. The Council and the City could be proud of a foeward thinking ordinance that is fair to everyone and which squarely addresses the health issue. The Council has been bold on many controversial issues. The Council has lead the City. Because ofthat boldness and leadership, lowa City isviewed as one ofthe most desirable communities in the country. Please continue that bold leadership on this issue. To be fair and effective in protecting the public from the iH effects of smoking, a total ban in bars and restaurants is necessary. Any middle ground would: 1. harm good restaurants which have made a substantial financial commitment to this city; 2. be an unwanted boost to the bar business and foster proliferation of downtown bars; 3. encourage some restaurants to become bars; 4. encourage smokers (and any group who has even one smoker in it) to patronize drinking establishments which are exempt from the ordinance; 5. concentrate the smoke in exempt establishments which will be even more harmful for patrons and staff; 6. not accomplish the goal of protecting health and harm those businesses that are so critical to the continued success of downtown Iowa City; 7. fuel the public perception that downtown Iowa City favors bars; 8. undermine the marketing of any downtown housing, other than for the student population. Any damage done by a compromise ordinance would be potentially irreversible. When a restaurant closes, it is likely gone for good. When a space now occupied by a restaurant is leased to a bar, it may never convert to a non-bar use. A watered down ordinance does not accomplish the stated health objective and negatively impacts the businesses that we need to keep downtown a vibrant, desirable place in which to live and shop. A watered down ordinance is a no win situation for everyone except bars. A total smoking ban in bars and restaurants would accomplish the health objective and would make downtown Iowa City an even more attractive place for a mix of population. If framed as a total ban, the ordinance could be a "win/win" situation for everyone. A total ban is the approach that will do most to protect health and it is the only fair ordinance. I have heard the arguments and read the editorials that the proposed ordinance will not adversely effect restaurants. The fundamental flaw in this argument is that it relies on data from cities which have imposed a total ban. I agree that a total ban will not adversely effect businesses. A partial ban will adversely effect those businesses that are included in the ban. Especially effected are those restaurants that rely on a nightclub business for a portion of their revenue. That this portion of the restaurant's business will be destroyed has been empirically proven in Iowa City by those establishments that attempted to ban smoking. When there was a choice within walking distance to patronize a smoking versus smoke free nightclub, the smoke free clubs were empty. I believe if you were to ask the City Attorney, you would find that a total ban is the most defensible and would be most likely to withstand legal challenge. I believe if you were to ask the City planning staff you would find that the staff believes a total ban would be best for the city; I believe if you were to ask the City Manager, you would find that a total ban would be far preferable to a percentage ordinance. I respectfully request that you consider amending the proposed ordinance to establish a total ban in aH restaurants and bars. Continue on the path of setting Iowa City apart. Iowa City deserves to reap the benefits of all the Council has done so far to revitalize the downtown. Thank you for your consideration. Respectfully, MARC B. MOEN Marian Karr From: Munson, Kimber [kimber-munson@uiowa.edu] Sent: Monday, December 10, 2001 4:20 PM To: 'council@iowa-city.org'; Munson, Erik Subject: Smoking ordinance Dear Council Members, My name is Kimber Munson. I have been a resident of Iowa City for approximately one and a half years. I am belatedly sending you my kudos for your first passing of the smoking ban in restaurants. I am a new mother, a frequent restaurant- goer, and a scientist. As a new mother I am obviously concerned about ANY exposure of my son to second-hand smoke. During my pregnancy I would walk away from anyone smoking near the bus shelters as I waited for my bus. Now that my son is born I obviously take the same precautions. Almost a month ago we were in a bar/restaurant in Coralville when an older gentleman (sitting about 2 feet from us) lit up a cigarette. We immediately got up and moved my son while this rather clueless individual enjoyed his cigarette. The waitress, bless her heart, had the good sense to ask the man to put out his cigarette. This small story illustrates I think my main point... We are just debating about the right of someone to smoke during a dinner (1-2 hours at most). Are we asking that much of someone to refrain for such a short period of time. It really seems ridiculous to me in this era of limited public smoking anywhere (no airports, no airplanes, no malls, etc.) that we still allow smoking in restaurants. We are just talking about refraining for a very short time. The health benefits for the other patrons (the majority of whom DO NOT smoke) and the workers are scientifically UNQUESTIONABLE!! I dream of a day (very likely in my young son's future) where smoking will be illegal everywhere. This is not a question of hurting business, this is purely a matter of health and welfare for the majority who do choose to shorten their lives by smoking. Again, I strongly support your first passing of this ordinance. Please have the strength to fully pass this ordinance for the people of Iowa City. Kimber Munson, Ph.D. Dept. of Internal Medicine University of Iowa kimber-munson@uiowa.edu Page 1 of l Marjan Karr From: Julie Muskovich [imuskovich@meccaia.com] Sent: Wednesday, December 05, 2001 9:03 AM To: council@iowa-city.org Subject: secondhand smoke Dear City Councilors, I am a 22-year old University of Iowa Health Promotion graduate. From a personal experience, I can tell you that there are many young adults living in the area that enjoy coming to Iowa City for the entertainment (especially music). Although I enjoy the music at certain establishments, I have a difficult time siring in secondhand smoke all night. I would rather not go to these places anymore. I have listened to many students talk about how nice a smokefree atmosphere would be at these establishments. Sixty percent of U of I students do not smoke at all and would enjoy music in a smokefree atmosphere. Many smokers I know would rather attend a smokefree bar to listen to music as well. It is important to remember that secondhand smoke is dangerous for the patrons, workers, and the number of students who start to smoke. Thank you, Julie Muskovich 2570 Holiday Rd Suite 100 Coralville, IA 52241 12/5/0 1 Marian Karr From: Nelson, Gayle [gayle-nelson@uiowa.edu] Sent: Wednesday, November 28, 2001 10:41 AM To: 'council@iowa-city.org' Subject: Thanks! Thank you for your support of the smoke-free ordinance! Gayle Nelson, M.S., R.N.C. Student Health Service University of Iowa Page I of 1 Marian Karr -i~ / O From: Starr Nielsen [nielsen@inav.net] Sent: Monday, December 10, 2001 11:26 AM To: council@iowa-city.org; Lisa-Mollenhauer@iowa-city.org Subject: Tobacco Control in Iowa City Restaurants Iowa City Cooncih Congratulations for being at the forefront io ihe fight against secoodhand smoke in Iowa City restaurants! We live in Cedar Rapids, but oilell buzz down to Iowa City to enjoy the fa~ltastic selection of great restaarants. We love Linn Street Care, 126. Givanni's, Mondo's. Atlas, Micky's and many more...and miss the State Room. Hopehilly, tomorrow's second reading will be successful. We applaud your leadership, and hol}e Cedar Rapids will join in the fight soon. Stephen aod Start Nielsen Start L. Nielsen President The Nielsen Network lnc 1832 Ridgeview Court Cedar Rapids, IA 52403 319.366.5152 319.364.4087 Fax starr@nielsennetwork.cmn nielsennetwork.com One son Fee. I nfillite vahle. 12/10/01 -~' \(::) Page 1 of 1 Marjan Karr From: Candace Peters [cpeters@meccaia.com] Sent: Tuesday, December 11,2001 9:38 AM To: council@iowa-city.org Subject: Smoke-Free Restaurant Ordinance Ernie Lehman, Connie Champion, Steven Kanner, Mike O'Donnell, Irvin Ffab, Dee Vanderhoef, Ross Wilbum The time has come. The public has spoken. There has been enough debate. No more delays. No more amendments. Pass the strong smoke4ree restaurant ordinance written. I was born and raised in the state of Iowa, moved to Northwest Denver Colorado where my husband and I lived for eleven years, and returned to live in this great state of Iowa in 1993. In 1993, Denver and the surrounding cities had securely passed and were enforcing smoke-free restaurant ordinances. I was appalled to see that Iowa City and its surrounding communities were not addressing this issue. Now, nearly nine years later, the issue is still in debate. It's time to step up and take action. Pass the strong smoke-free restaurant ordinance written. Candace Peters 12/11/01 Marian Karr From: Phearman, Laura [laura-phearman@uiowa.edu] Sent: Tuesday, December 04, 2001 5:28 PM To: 'council@iowa-city.org' Subject: smoke free ordinance While I understand catering to the downtown business who serve the student smokers in the bars it is important for you to understand the needs of the tax paying residents of Iowa City. I have lived in Iowa City for 20 years and often choose not to go down town due the smoke filled bar restaurants. It is important to protect the public who seek not to smoke from the dangers of second hand smoke. Second hand smoke doesn't clear quickly so smoke free sections and hours do not solve the problem. I rarely get involved in political issues but this is such an important one that effects the lives of the community. A smoking ban creates a fair playing field for all restaurants. I hope you will side for the good of the oommunity and vote for the smoking ban which is working in other communities and states. Please side with the residents of the community and not the student minority. Laura Phearman Marjan Karr From: MPiette [piette.warren@mcleodusa.net] Sent: Wednesday, December 05, 2001 9:37 AM To: council@iowa-city.org Subject: smokefree ordinance Dear City Council Members, I am writing to urge you to vote "yes" for the smokefree restaurant ordinance that is currently before the Council. I am a frequent diner at the current smokefree restaurants in Iowa City and will frequent the other restaurants when they too become smokefree. Further delay in this vote will only cause continued health risk due to secondhand smoke. Lets get this ordinance passed once and for all. Thank you, Michelle Piette 9 South View Drive Iowa City, Iowa 52240 354-2637 piette.warren@mcleodusa.net ~ \O Page 1 of 1 Marjan Karr From: Rosenberger, Tom & Carol [rosenber@avalon.net] Sent: Tuesday, December 11, 2001 8:24 AM To: council@iowa-city.org; Lisa-Mollenhauer@iowa-city.org Subject: non-smoking ordinance Dear council members: I generally don't have many good things to say about the state of California and some of the things it represents, but what has been accomplished there with it's non-smoking laws in terms of the lowest smoking rate in the nation and the consequent reduction of smoking related illness is awesome. Please supporL the Iowa City ordinance as it now stands. Thank you. Thomas G. Rosenberger, M.D. Pediatric Associates of Iowa City and Coralville 12/11/01 Marian Karr From: SRuedy [ruedy@fyiowa.infi.net] Sent: Monday, December 10, 2001 8:17 AM To: council@iowa-city.org Subject: support of smoke-free restaurants Dear Council members: While we are not Iowa City residents, we do dine in iowa City restaurants, as we just did Saturday after attending a Hancher performance with friends. We wish to go on record as fully supporting the smoke-free restaurant ordinance currently being read, and commend you for taking action. This law would serve the vast majority of Iowa citizens (approximately 76%) who do not smoke, and save 100% of the dining populace from the lethal dangers of second hand smoke. These dangers, as you are acutely aware, have been very well documented. Please know that we Cedar Rapids citizens are very proud of the Iowa City Council for being so forward-looking. This move will slowly become a national movement, we are convinced. (We dined at Givannis, and it was a delight, since it is smoke-free. We complimented the management.) Thank you so much for being protective of ALL Iowa citizens. George and Shirley Ruedy 341 - 34th St. SE Cedar Rapids IA 52403 Marian Karr From: HEADWAVE@aol.com Sent: Monday, December 10, 2001 8:56 PM To: council@iowa-city.org Subject: smoke-free ordinance Dear iowa City Councilors: Please vote to pass the smoke-free ordinance as written. We will not be able to attend the meeting on December 11, but wanted you to know that we support this ordinance which will help protect the physical health of everyone in Iowa City, every day. Thank you. David Rust and Joy Smith 915 East Bloomington St. Iowa City 44 ~ 0 Page 1 of 1 Marian Karr From: Sam Ryan [saradenene@msn.com] Sent: Sunday, December 09, 2001 6:21 PM To: council@iowa-city.org; Lisa-Mollenhauer@iowa-city.org Subject: I support a smoking ban I am writing this email to voice my support of a smoking ban in Iowa City. I have many personal reasons to support a 100% ban of smoking in public places. I am asthmatic and allergic to smoke. I make choices everyday in attempt to avoid smoking and smokers. I wish that I did not have to worry about whether or not I will have clean air to breathe, but for my own health, I must. I firmly believe, that given time, only positive things can come from a smoking ban. Please consider taking another step toward improving our city. Please consider making the choice to ban smoking in public places. Sincerely, Sara D. Ryan Iowa City 12/9/0 1 Marian Karr From: Satterly, Ann [ASatterl@razi.surgery. uiowaedu] Sent: Thursday, November 29, 2001 10:26 AM To: 'council@iowa-city.org' Subject: smoke free restaurant ordianance Please enact a strong smoke free restaurant ordinance. I strongly support the ordinance as written. I would encourage you not to change it in anyway. Health wise this has to be one of the better things we have done for the people of Iowa City. Ann and Kevin Satterly Marian Karr From: John L. So[ow [iohn-solow@uiowa.edu] Sent: Wednesday, December 05, 2001 11:01 AM To: council@iowa-city.org Subject: smoke-free ordinance Since the initial proposal of the restaurant smoking ban, I have had exactly one thing to add to the discussion. After listening to the discussion at the Council's November 27 meeting and the Iowa City Gazette article quoting me at length, I want to be careful that my one point is not misinterpreted. At the risk of beating a dead horse, the overwhelming result that comes out of studies of the effect of smoke-free restaurant and bar ordinances is that this sort of policy has no impact on restaurant or bar business, positive or negative, in the aggregate. That said, there is no guarantee that any specific individual establishment will be unaffected. The success or failure of any particular restaurant depends on a large number of factors, including the prices charged, the type and quality of food served, the nature, d~cor and ambiance of the facility and so forth. I have found no studies that indicate that smoke-free restaurant ordinances have caused an increase in the turnover rate of restaurants, but the possibility remains open. At the same time, there is no support for the discredited claim, which seems to be re-emerging, that the downtown restaurant business will be detrimentally impacted by this ordinance. If the aggregate restaurant business is unaffected, then any business lost by some establishments, if it occurs, must be offset by the increased business of others. And if the City Council is genuinely concerned about the proliferation of bars downtown, it should seriously considered restricting the access to bars of those under 21 years of age, who shouldn't be consuming alcohol in the first place. It is in large part their patronage that makes the bar business so lucrative. Prof. John L. Solow 607 Templin Road Iowa City, IA Marjan Karr From: e-line@webtv. net Sent: Sunday, December 02, 2001 1:37 AM To: councii@iowa-city.org Subject: Bans and Talibans To the Council: The recent national backlash against the proposed smoking ban in Montgomery Cry, MD seems to be emblematic of a Serious new current in ~nerican thought. Suddenly, we (the people, if not our representatives) seem to have our priorities straight. We have a new appreciation of what's precious (civil liberties) what's pernicious (government Sin Police) and even what's really and actually dangerous (germ and chemical warfare, not to mention suicide bombers). What most of us sincefly wish is that our government will protect, not abridge, our liberties, and our health departments will spend their time and energy (and our tax dollars) planning for those actual public health emergencies that represent the clear and present dangers of post 9/11. I'd urge you to think about that {and re-read the Scathing comments about the Montgomery County Council) before decreeing this new (Tall?) ban on smokers. Sam Stewart ;~ \ C) Page 1 of 1 Marian Karr From: Gordon Strayer [gordonstrayer@home.com] Sent: Monday, December 10, 2001 9:32 PM To: council@iowa-city.org Subject: Please make Iowa City eating establishments smoke-free MEMBERS OF THE IOWA CITY COUNCIL: One of the greatest steps you could take on behalf of good health in Iowa City would be to vote for an ordinance requiring no smoking in restaurants. We ask that you do just that, for the sake of all our citizens--and particularly those who must earn a living as food servers, busboys, cashiers, etc., and are therefore at high and continual risk of lung- cancer, the third-leading cause of preventable death. This need never have become an issue if restaurants, delicatessens and bars had installed sufficiently good ventilation to clear the air of smoke, or if standards for clean air, comparable to standards for cleanliness for food-handling and -preparation had been established--and enforced--in the past. Food establishments that deliberately poisoned food, ever so slightly, would surely be closed down immediately upon discovery that such an anti-social activity was taking place. By the same token, food establishments should not be allowed to subject their employees and their customers to poisoned air--even if that poison is emitted by the customers themselves. Restaurant owners/operators, and smokers themselves, will be inconvenienced, at worst, by a non- smoking-in-places-where-food-is-served ordinance--but they will find that they can survive. Even heavy smokers do not smoke in their sleep, thereby proving that they can indeed survive for several hours without smoking. And an enforced period of non-smoking during a meal (surely no more than an hour to two at the most), can in fact make the postponed, post-meal cigarette even more enjoyable when smokers do legally light up, in their cars or elsewhere outside the place where they just ate. Please vote in favor of clean, non-toxic air for Iowa City restaurant diners, and those who cook and serve their food. Be assured that by so voting you would be taking a giant step on behalf of public health in our city. Sincerely, Gordon B. Strayer and Faye H. Strayer One Forest Glen, Iowa City 52245-1625 338-2637; <gordonstrayer@home.com> 12/11/01 Marian Karr From: Astromqu@aol.com Sent: Wednesday, December 05, 2001 10:05 PM To: council@iowa-city.org Subject: vote yes for smoke-free ordinance! Dear City Councilors. Please vote "Yes" at the second and third reading of the smokefree restaurant ordinance .... for our own health, for that of our children and grandchildren, and for the health of restaurant workers. We WILL support Iowa City restaurants by eating out frequently. Sincerely, Ann Stromquist iowa City '~ ~. U Page 1 of 1 Marian Karr From: Tanclan4@aol.com Sent: Monday, December 10, 2001 10:25 AM To: Council@iowa-city.org Subject: Smoke-Free Restaurants Dear Iowa City Council Members: My family and I totally and completely support the smoking ban for restaurants and all other public buildings!! Please vote to make all restaurants nonsmoking, protect the health of all Iowa City residents and those who choose to come to our restaurants! I will never forget how nauseous the smell of smoke made me when I was pregnant! I was seated at a restaurant and within minutes the two women next to me lit up cigarettes. I asked the hostess to move us, but the restaurant was crowded. The smokers overheard what was going on. Did they put out their cigarettes? No way, quite the opposite. They blew the smoke intentionally in my direction. The hostess actually had the nerve to tell me to be quiet, when I complained. I was making her other "guests" uncomfortable. No one worried about my comfort or that of my unborn child. I left without having lunch, which I needed. It's a shame laws have to protect people from themselves, but obviously there are a great many people who make bad decisions, like everyone who chooses to smoke, knowing the health consequences. Make Iowa City a healthier place to live! Thank you for your support, Mary and Tom Tanner 314 Butternut Lane Iowa City 52246 Ps We eat out three or more times a week. 12/10/01 Marian Karr From: Lea VanderVeide [I-vandervelde@uiowa.edu] Sent: Wednesday, December 05, 2001 10:00 AM To: council@iowa-city.org Dear City Councilors, We appreciate the time and effort you have put into considering all sides of the smokefree ordinance debate. There is no reason to question the serious health effects of secondhand smoke. The only question is: What sort of ordinance do we pass? An ordinance that covers all public places appears to make the most sense. It would protect everyone who worked in bars as well as restaurants. However, in our community most of the citizens still feel that if you go to a bar, you can expect smoke. Moreover, we do not want to expose children to smoke and we take our children to restaurants, not necessarily to bars. The social norms have changed, and the Iowa City ordinance can reflect that change and encourage it. By passing an ordinance that prohibits smoking in restaurants, we hope that the public will get used to the idea and the business owners will see that the sky didn't fall (despite what Philip Morris told them). Please vote "YES" for the current ordinance that covers restaurants which receive 50 percent of their revenue from food. John C. MacQueen 335-9073 Josephine Gittler 335-9046 Margaret Brinig 335-6811 Sheldon Kurtz 335-9069 - Adrien K. Wing 335-9129 Johannes Ledolter 335-3814 Marcella David 335-9133 Barbara Schwartz 335-9092 Leonard Sandler 335-9030 Mark Sidel 384-4640 Reta Noblett-Feld 335-9123 Lea VanderVelde 335-9102 Gerald Wetlaufer 335-9107 P.S. For verification of signatures, call Lea VanderVelde at 335-9102. Marjan Karr From: John Williams [JohnWi@law.com] Sent: Sunday, December 09, 2001 11:30 PM To: council@iowa-city.org; Lisa-Mollenhauer@iowa-city.org Subject: Smoking Ordinance I would like to give the council my strong endorsement for the smoking ordinance. I think the ordinance passed as currently written is logical starting point for protecting the health of workers and families. I urge you not to be swayed by a vocal few who scream the sky is falling. Many towns have passed ordinances protecting the health of their community. Iowa City is home to one of the national leaders in medical and public health practice and research. As such, be assured that the University will support those establishments that become smoke-free. It is a landmark time for health in Iowa City, please don't be remembered as one of the council members who shook their head no to good health and common sense. Sincerely, John Williams Sent by Law Hail Juno e-mail printed Thu, 29 Nov2001 09:43:10, page 1 From: pjoelwein@juno.com To: champion@iowa-cit'~.org Cc: ipfab~avalon.net, wilburn@iowa-city.org, dee_vanderhoef@iowa-city,org Subject: Smoking Ban? Dear Dear Mayor Lehman, Could you please tell me how it is that this ban on smoking thing has gone this far? How is it that any U .S. government be it Federal, State, or Local has any right to be dicta~ng what a private business does (assuming it is legal) in there own establishment? Please don~ confuse my personal beliefs on smoking with the issue at hand, I have always found it quite disgusting, and it's potenlial harm cannot be denied, but never have I assumed that I have any fight what so ever to tell someone how they need to operate "their own business". What is that, it is so scary that some council members are considering something like this, it is even scarier that they feel they have the right to make that decision for privately owned businesses. How can that be a Government decision? It is so unethical and I can1 believe it is not illegal that such a decision could be made by anyone other than the business owner(s). Please.. share with me where you stand, I am very concerned about this type of potential action. Sincerely, Patti Williams 1357 Goldenred Dr. iowa Cib/, Iowa 52246 (pjoelwein@juno,com) Madan Karr From: Keith Wilson [kwilson@avalon.net] Sent: Monday, December 10, 2001 5:12 PM To: council@iowa-city.org; Lisa-Mollenhauer@iowa-city.org Subject: smoking ordinance I would like to share with you that I regularly eat out in Iowa City 2 - 3 times per week. I am capable of avoiding the places that I do not feel comfortable because of the smoke and do not believe the City should be placing any more burdens or barriers on our businesses. I do not support a smoking ordinance in any way and believe that I am capable of making a decision about where to spend my restaurant dollars without your unnecessary interference. Thank you for your time. Keith Wilson 319-337-4954 kwilson@avalon.net Marjan Karr From: rv]arilyn Wright [mariiynjwright@yahoo.com] Sent: Tuesday, December 11. 2001 9:18 AM To: council@iowa-city.org Subject: Smoke-Free Restaurant Ordinance Please pass the Smoke-Free Restaurant Ordinance as written. This is a very important issues and worthy of a strong measure. You have a chance to make an enormous difference here. Thank you. Marilyn Wright Do You Yahoo!? Check out Yahoo! Shopping and Yahoo! Auctions for all of your unique holiday gifts! Buy at http://shopping.yahoo.com or bid at http://auctions.yahoo.com Prepared by: Sarah Holecek, First Asst, City Atty., 410 E. Washington StreeL, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 01-3990 AN ORDINANCE AMENDING THE IOWA CITY UNIFIED DEVELOPMENT CODE TO ESTABLISH A TEMPORARY MORATORIUM ON DEVELOPMENT WITHIN THE AREA ROUGHLY CIRCUMSCRIBED BY MILLER AVENUE, U.S. HIGHWAY 1, HARLOCKE STREET, AND BENTON STREET IN IOWA CITY, IOWA. WHEREAS, The City of Iowa City is currently beginning its area study and development of the Southwest District Plan, a district specific component of the Comprehensiv~ 'Plan; and WHEREAS, The guidelines and principles set forth in the Comprehensive Plan are used to identify appropriate land-uses, guide development and establish future development patterns within the City; and WHEREAS, the area generally circumscribed by Miller Avenue, U.S. Highway 1, Harlocke Street and Benton Street is located within the Southwest District and contains undeveloped properties within established neighborhoods, environmentally sensitive areas, high density zoning abutting low density zoning, topographic and access limitations and has been the subject of recurring and unresolved debates concerning appropriate development without the benefit of district planning; and WHEREAS, it is in the public interest to establish a temporary moratorium on the above- described portion of the Southwest District (excluding property subject to moratorium pursuant to City Code within the last 12 months and property that is the subject of pending litigation) until completion of the study and passage of the Southwest District Plan and any rezonings suggested by said district plan so as to establish updated Comprehensive Plan guidelines and make appropriate land-use decisions for this area of the City based on said district specific planning process. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: SECTION I. AMENDMENT. Title 14, entitled "Unified Development Code", of the City Code is hereby amended by: a. Adding a new Chapter 12, entitled "Moratoria", and adding a new Section 14-12-1 entitled "Temporary Moratorium on Development in Area Roughly Circumscribed by Miller Avenue, U.S. Highway 1, Harlocke Street, and Benton Street", and subsections, as follows: A. Moratorium and Area of Applicability: All residential and commercial development, with the exception of modifications to existing structures which do not add additional dwelling units, shall be temporarily prohibited on all properties within the area legally described as follows: Beginning at the intersection of the northern right-of-way line of Iowa State Highway 1 and the Centerline of Miller Avenue, Section 10, T79N, R6W, iowa City, in Johnson County, Iowa; Said point being the Point of Beginning. Thence northerly 994' to the centerline of Benton Street; Thence westerly 1,953.77' along the centerline of Benton Street; Thence southerly 346.4' along the western line of Auditor's parcel #10~16-289-002, to the northeast corner of Lot 26, Weeber's Addition, Part 3, Iowa City, Iowa; Thence westerly 191.1' along the north line of said lot 26; Thence westerly 15.4' along the northerly line of said lot 26 extended; Thence southerly 495.80' to the southwest corner of lot 24, Weeber's Addition, Part 3; Continuing southerly 584.5' to a Ordinance No. 01-3990 Page 2 point on the nodh R.O.W. line of Iowa State Highway 1; Thence easterly along the nodh R.O.W. line of said highway to the point of beginning. Excluding the following: Lot 25, Weeber's Third Addition to Iowa City, Iowa, in accordance with the plat recorded in Plat Book 9, at Page 14, of the Records of the Johnson County Recorder's Office. And also excluding the following: Commencing at the southeast corner of the NWI/4 of Section 16, Township 79 North, Range 6 West of the 5 P.M.; thence North 341 feet to the center of the public highway; thence west along the center of the public highway 166.5 feet; thence south to a point 30 rods south of the north line of the SWl/4 of said Section 16; thence east parallel with the north line of said SWl/4 to the east line of said SWl/4; thence north along the east line of said SWl/4 to the point of beginning. B. Development, defined: Forthe purposes of this ordinance, "Development" shall be defined as site plan review and approval, preliminary and/or final subdivision plat approval, rezonings, and the issuance of grading permits and/or building permits. .. C. Termination: This Section, 14-12-1, shall be automatically repealed on September 1, 2002. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION Ill. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. AA2y A:om y'~ sarah~andusetmoratodum ord.doc Ordinance No. 01-3990 Page 3 It was moved by ~ ' Dnnnel 1 and seconded by Vanderhoef that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Mab .. X Vanderhoef X Wilbum First Consideration 11 / 13 / 01 Voteforpassage:AYES: Kanner, Lehman, O'Donne'll, Pfab, Vanderhoef, Wilburn, Champion. NAYS: None. ABSENT: None. Second Consideration 11/27/01 Voteforpassage: AYES: Wilburn, Champlon, Kanner, Lehman, O'Donnell, ffab, Vanderhoef. NAYS: None. ABSENT: None. Date published 12/19/01 ORDINANCE NO. 01-3991 AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE AMENDED CITY-UNIVERSITY PROJECT I (PROJECT NO. IA R-14) URBAN RENEWAL AREA OF THE CITY OF IOWA CITY, COUNTY OF JOHNSON, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF IOWA CITY, COUNTY OF JOHNSON, IOWA CITY COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH THE AMENDED CITY-UNIVERSITY PROJECT I (PROJECT NO. IA R-14) URBAN RENEWAL REDEVELOPMENT PROJECT WHEREAS, the City Council of the City of Iowa City, Iowa has provided for the division of taxes within the Amended City-University Project I (Project No. IA R-14) Urban Renewal Project Area, pursuant to Section 403.19 of the Codeof Iowa; and WHEREAS, additional territory now has been added to the City-University Project I (Project No. IA R-14) Urban Renewal Project Area; and WHEREAS, indebtedness has been incurred by the City, and additional indebtedness is anticipated to be incurred in the future, to finance urban renewal project activities within the Amended City-University Project I (Project No. IA R-14) Urban Renewal Project Area, and the continuing needs of redevelopment within the Amended City-University Project I (Project No. IA R-14) Urban Renewal Project Area are such as to require the continued application. of the incremental tax resources of the Amended City-University Project I (Project No. IA R-14) Urban Renewal Project Area; and WHEREAS, the following enactment is necessary to accomplish the objectives described in the premises. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Section 1: For purposes of this Ordinance, the following terms shall have the following meanings: (a) Original Urban Renewal Project Area shall mean that portion ofthe City of Iowa City, Iowa described in the Urban Renewal Plan for the City- University Project I (Project No. IA R-14) Urban Renewal Area approved by Resolution No. 2157 on October 2, 1969, which Original Project Area includes the lots and parcels located within the area legally described as follows: Original Urban Renewal Area Beginning at the intersection of the centerline of Linn Street and the south right-of-way line of Court Street; thence in a northerly directiD..n along said centerline to the intersection of said centerline and the centerline of Washington Street; thence in a westerly direction along the centerline of Washington Street to the intersection of said centerline and the westerly right-of-way line of Clinton Street extended; thence northerly along said right-of-way line extended to the northerly right-of-way line of Washington Street; thence in a westerly direction to the northwest comer of Washington Street and Capitol Street; thence in a southerly direction along the west right-of-way of Capital Street to the northwest comer of College Street and Capitol Street; thence in a westerly direction along the north right-of-way of College Street to the east line of the Cedar Rapids-Iowa City Railway right-of-way; thence in a southerly direction along the said Railway right- of-way to the intersection of the north right-of-way line of Burlington Street; thence in a westerly direction along the noah right-of-way of Burlington Street to the Iowa River; thence in a southerly direction along the Iowa River to the south right-of-way line of Court Street as extended to the Iowa River; thence in an easterly direction along said line to the point of beginning. (b) 2001 Additional Urban Renewal Area shall mean that portion of the City of Iowa City, Iowa described in the Amended City-University Project I (Project No. IA R-14) Urban Renewal Area approved by Resolution No. 01-366 on November 13.200,1 which area includes the lots and parcels located within the area legally described as follows: 2001 Additional Urban Renewal Area Beginning at the intersection of the centerline of Linn Street and the south right-of-way line of Court Street; thence in a northerly direction along said centerline to the intersection of said centerline and the centerline of Washington Street; thence in a westerly direction along the centerline of -2- Washington Street to the intersection of said cente~ine and the westerly right-of-way line of Clinton Street extended; thence northerly along the westerly right-of-way line of Clinton Street to the intersection of said right- of-way line and the northerly right-of-way line of Iowa Avenue extended; thence easterly along the northerly fight-of-way line of Iowa Avenue to the intersection of said fight-of-way line and the easterly right-of-way line of Gilbert Street; thence southerly along the castefly right-of-way line of Gilbert Street to the intersection of said fight-of-way line and the southerly fight-of-way line of Prentiss Street extended; thence westerly along the southerly right-of-way line of Prentiss Street to the intersection of said right-of-way line and the easterly right-of-way line of Linn Street; thence northerly along the easterly right-of-way line of Linn Street to the intersection of the said right-of-way line and the waterway known as Ralston Creek; thence northeasterly along Ralston Creek to the intersection of Ralston Creek and the westerly right-of-way line of Maiden Lane; thence northerly along the westerly fight-of-way line of Maiden Lane to the intersection of said right-of-way and the southerly right-of-way line of Court Street; thence westerly along said line to the point of beginning. (c) Amended Urban Renewal Project Area shall mean that portion of the City of Iowa City, Iowa included within the Original Urban Renewal Project Area and the 2001 Additional Urban Renewal Area. Section 2: The taxes levied on the taxable property in the Amended Urban Renewal Project Area, legally described in Section I hereof, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District, and all other taxing districts fxom and after the effective date of this Ordinance shall be divided as hereinal~er in this Ordinance provided. Section 3: As to the Original Project Area, that portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts taxing property in the Original Project Area upon the total sum of the assessed value of the taxable property in the Original Project Area as shown by the assessment roll as of the first calendar year preceding the calendar year in which the Ci.ty certifies to the County Auditor that amount of loans, advances or bonds payable form the division of property tax revenue (but in no event a lower assessed value than as shown on the assessment roll as of January I, 1968, being the assessment roll last equalized prior to October 2, 1969, the date of initial adoption of the urban renewal plan) shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for said taxing district into which all other property taxes are paid. The taxes so determined shall be referred heroin as the "base period taxes" for such area. -3- As to the 2001 Additional Urban Renewal Area, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of the first calendar year preceding the calendar year in which the City certifies to the County Auditor the amount of loans, advances or bonds payable from the division of property tax revenue. Section 4: That portion of the taxes each year in excess of the base period taxes for the Amended Proj eel Area, determined for each sub-area thereof as provided in Section 3 of this Ordinance, shall be allocated to and when collected be paid into the special tax increment fund previously established by the City of Iow..a City to pay the principal of and interest on loans, monies advaneed to, or indebtedness, whether funded, refunded, assumed or othenvise, including bonds issued under authority of Section 403.9 or Section 403.12 of the Code of Iowa, incurred by the City of Iowa City, Iowa to finance or retinanee, in whole or in part, urban renewal projects undertaken within the Amended Urban Renewal Project Area pursuant to the Amended Urban Renewal Plan, except that taxes for the payment of bonds and interest of each taxing district shall be collected against all taxable property within the Amended Urban Renewal Project Area without any limitation as hereinabove provided. Section 5: Unless or until the total assessed valuation of the taxable property in the areas of the Amended Urban Renewal Project Area exceeds the total assessed value of the taxable property in said areas shown by the assessment rolls referred to in Section 3 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Amended Urban Renewal Project Area shall be paid into the funds for the respective taxing districts as taxes by or for the taxing districts in the same manner as all other property taxes. Section 6: At such time as the loans, monies advanced, bonds and interest thereon and indebtedness of the City of Iowa City referred to in Section 4 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the Amended Urban Renewal Project Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 7: All ordinances or parts of ordinances in conflict with, the provisions of this Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be construed so as to authorize the division of taxes from property within the Original Urban Renewal Project Area under the provisions of Section 403.19 of the Code of Iowa, and to fully implement the provisions of Section 403.19 of the Code of Iowa with respect to the division of taxes from property within the 2001 Additional Urban Renewal Project Area as described above. In the event that any provision of this -4- Ordinance shall be determined to be contrary to law it shall not affect other provisions or application of this Ordinance which shall at all times be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with reference to the Amended Project Area and the territory contained therein. Section 8: This Ordinance shall be in effect after its final passage, approval and publication as provided by law. PASSED AND APPROVED this llth dayof December ,2001. Mayor ATFEST: Read first time: 11/13/01 AYES: Champion, Lehman, O'Donnell, Vanderhoef, Wilburn. NAYS: Kanner, Pfab. ABSENT:Nor~ Read second time: 11/27/01 AYES: Champion, Lehman, O'Donnell, Vanderhoef, Wilburn. NAYS: Kanner, Pfab. ABSENT:Non Read third time: 12/11/01 AYES: Wilburn, Champion, Lehman, 0'Donnell, Vanderhoef. NAYS: Kanner, Pfab. ABSENT: None. PASSED AINrD APPROVED: 12/11/01 PUBLISHED: 12/19/01 PGOODRICHX295861\l\10714068 -5- Prepared by: Susan Dulek. Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 01-3992 ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 8, ENTITLED "BICYCLES," SECTION 6, ENTITLED "PARKING VIOLATIONS," SUBSECTION A, ENTITLED "IMPOUNDMENT OF BICYCLES" TO 'ALFOW THE CITY TO IMPOUND ABANDONED BICYCLES. WHEREAS, the City desires to prohibit bicycles being abandoned on public land; and WHEREAS, bicycles are often legally secured to public property, such bike racks, and then abandoned; and WHEREAS, abandoned bicycles occupy space in bike racks and create visual clutter; and WHEREAS, it is in the best interest of the City to impound abandoned bicycles on public property. NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 8, entitled "Bicycles," Section 6, entitled "Parking Violations," Subsection A, entitled "lmpoundment of Bicycles," Paragraph 1 is hereby repealed in its entirety and a new Paragraph 1 is added which reads as follows: On finding a bicycle is either: 1) abandoned; or 2) unattended at a place where the bicycle constitutes an obstruction to vehicle or pedestrian traffic or constitutes an imminent threat to the health, safety or welfare of the public or is in violation of an existing parking ordinance, the Police Department or any officer, agent or employee of the City so designated may remove or cause the removal of such bicycle to a place designated by the Chief of Police for the storage of impounded bicycles. 2. Title 9, entitled "Motor Vehicles and Traffic," Chapter 8, entitled "Bicycles," Section 6, entitled "Parking Violations," Subsection B, entitled "Owner Prima Facie Responsible For Parking Violations," Paragraph 1 is hereby repealed in its entirety and a new Paragraph 1 is added which reads as follows: If any bicycle is found stopped, standing, parked, or abandoned in any manner in violation of this Title and the identity of the driver cannot be determined, the owner shall be held prima facie responsible for such violation. 3. Title 9, entitled "Motor Vehicles and Traffic," Chapter 1 entitled "Definitions, Administration and Enforcement of Traffic Provisions," Section 1, entitled "Definitions" is hereby amended by adding the following: Abandoned: A bicycle is abandoned if it is left unattended at the same location on public property or attached to public property for more than seven (7) con.~ecutive days, whether parked legally or illegally. 4. Title 9, entitled "Motor Vehicles and Traffic," Chapter 1 entitled "Definitions, Administration and Enforcement of Traffic Provisions," Section 1, entitled "Definitions" is hereby amended by repealing the definition of "Park" and substituting in its place the following new definition: Park: To stop a vehicle or bicycle and leave it standing for a time, whether occupied or not. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION Ill. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a municipal infraction or a simple misdemeanor. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Ordinance No. 01-3992 Page 2 A~-Es~:c,~,~,,~~ ~ Approved by Ci~ Attorneys 0~ " sue/erd&res/bike-ord.doc Ordinance No. 01-3992 Page 3 It was moved by Champion and seconded by 0' Donnel 1 that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ASSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab o. X Vanderhoef X Wilbum First Consideration Voteforpassage:AyES: Champion, Kanner, Lehman, O'Donnell, Pfab, Vander-hoef, Wilbu~'n. NAYS: None. ABSENT: None. Second Consideration 11/27/01 Voteforpassage: AYES: Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion. NAYS: None. ABSENT:' None. Date published 1 ?/1 q/n1