HomeMy WebLinkAbout2011-11-01 Public hearing�J
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will
be held by the City Council of Iowa City, Iowa, at
7:00 p.m. on the 1st day of November, 2011, in
Emma J. Harvat Hall, 410 E. Washington Street,
Iowa City, Iowa, or if said meeting is cancelled, at
the next meeting of the City Council thereafter as
posted by the City Clerk; at which hearing the
Council will consider:
An ordinance amending Article 14 -26 of
the Zoning Code to provide a density
bonus incentive for Elder Apartment
Housing.
Copies of the proposed ordinances and
resolutions are on file for public examination in the
office of the City Clerk, City Hall, Iowa City, Iowa.
Persons wishing to make their views known for
Council consideration are encouraged to appear
at the above - mentioned time and place.
MARIAN K. KARR, CITY CLERK
t,-,
Prepared by: Nick Benson, Planning Intern, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 14, ZONING CODE, ARTICLE 14 -26 -8, SPECIAL PROVISIONS,
BY ADDING A SUBSECTION C TO PROVIDE A TWENTY FIVE PERCENT DENSITY BONUS OPTION
FOR ELDER APARTMENT HOUSING IN MULTI - FAMILY ZONES EXCEPT THE NEIGHBORHOOD
STABILIZATION RESIDENTIAL ZONE (RNS -20).
WHEREAS, 2010 U.S. Census data shows a sixty -seve percent increase in the percentage of senior
residents in Iowa City over the last ten years; and
WHEREAS, it is important to provide a variety of ho sing options for Iowa City's growing senior
population, including elder apartment housing as define in Title 14, Zoning Code, of the Code of
Ordinances of the City of Iowa City; and
WHEREAS, density bonuses allow developers to buil more dwelling units than otherwise permitted
under zoning laws, enabling development to occur on sites that may be size - restricted, as well as
potentially incr asing the project's profitability; and
WHEREAS, dding a 25 percent elder apartment ousing density bonus option in all multi - family
zones except for t Neighborhood Stabilization Resid ntial Zone (RNS -20) will provide an incentive for
developers to build e r apartment housing while ens ring that densities are in keeping with the rest of
the zone; and
WHEREAS, requiring II developments that utili a the density bonus option to reserve individual
dwelling units for elders and/ persons with disabiliti s and make individual dwelling units and communal
spaces accessible, as well as estricting the num er of bedrooms allowed in each dwelling unit, will
ensure that the purpose of the co amendment is V et.
NOW, THEREFORE, BE IT OR D INED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. The Code of Ordinances o e ity of Iowa City, Iowa is hereby amended as follows:
A. By adding a subsection C entitled "E r Apartment Housing Density Bonus Option" to Section 14-
213-8, as follows:
C. Elder Apartment Housing nsity onus Option
1. In the RM -12, RM -20 RM -44 o PRM Zones, Elder Apartment Housing, as defined in
this Title, may be gr nted a den i bonus not to exceed 25 percent of the maximum
number of units of erwise permitte in the applicable zone, provided that:
a. The dev lopment is inten d for use and occupancy by elders and /or
persons ith disabilities; and
b. All indi idual dwelling units and y communal space must be accessible, as
defin in the Iowa Administrative ode Section 661- 302.20; and
c. No ore than 10 percent of all in ' idual dwelling units can contain more
tha 2 bedrooms; and
d. Pr r to issuance of the building permit, a owner must submit an affidavit to
t City that all individual dwelling units w be reserved for and occupied by
Iders and /or persons with disabilities; and
e. A rental permit is required, unless the use is li nsed by the State of Iowa.
2. The ity reserves the right to inspect the elder artment housing to verify
com iance with these provisions.
SECTIO III. ALER. All ordinances and parts of ordinances in conflict wi the provisions of this
Ordinance
SECTIRABILITY. If any section, provision or part of the Ordinance sha be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance a VAble or any
section, provision or part thereof not adjudged invalid or unconstitutional. --
SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final pas ne, rova
publication.
Passed and approved this day of 20
MAYOR Approved by ° 07 n
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Ordinance No.
Page 2
ATTEST
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CITY OF IOWA CITY
-Tw MEMORANDUM
Date: October 6, 2011
To: Planning and Zoning Commission
From: Nick Benson, Planning Intern
RE: Zoning Code Amendment to provide a density bonus in multi - family zones for Elder
Apartment Housing
Introduction
Staff is proposing an amendment to the zoning code to include a density bonus provision for
Elder Apartment Housing in Low Density Multifamily Residential (RM -12), Medium Density
Multifamily Residential (RM -20), High Density Multifamily Residential (RM -44) and Planned High
Density Multifamily Residential (PRM) zones. The purpose of the proposed density bonus
provision is to encourage development of elderly housing in light of recent U.S. Census data
which shows a large increase in the percentage of residents ages 55 and older in Iowa City.
The percentage of residents age 55 — 64 increased by 81% from 2000 — 2010, while the
population of residents age 65 and older grew by 26.5 %. Although the population cohort age 55
— 64 may not currently be in the market for specialized housing, within the next ten years these
residents will be a part of the 65 and older cohort. Thus, it is important to plan now for the future
housing needs of Iowa City's growing elderly population.
Elder Housing Needs
Many elderly residents are able to manage well in their own homes, and in fact, prefer to stay in
their own home for as long as possible. However, there are cases where other housing options
are warranted, and are often desired by elderly persons seeking to reduce property
maintenance, to downsize their living space, to provide physical security, and to offer
companionship and social support. Elder Apartment Housing, as defined in Iowa City's zoning
code as "A Multi - Family Use intended for use and occupancy by elders and persons with
disabilities," provides elder residents with the opportunity to rent or own individual units while
still living in a group environment where residents are in close proximity to neighbors. Elder
apartment housing developments may also include other amenities such as a central dining
room, recreational activity spaces, and services like medical assistance, housekeeping and
laundry.
Encouraging elder housing through density bonuses
Density bonuses allow developers to build more dwelling units than otherwise permitted under
zoning laws, enabling development to occur on sites that may be size - restricted, as well as
potentially increasing the project's profitability. Apartments designed for elder residents are
often smaller than those designed for families with children and students, and the zoning code
currently requires fewer parking spaces for Elder Apartments when compared to other
multifamily buildings; therefore less land is required to accommodate a similar number of units.
Page 2
There are examples of density bonuses being used across the nation to encourage the
production of senior housing. California, in response to the state's growing elderly population,
recently passed a state law requiring all local governments to provide density bonuses for
"senior citizen housing developments." The density bonus is capped at a flat rate of 20% of the
maximum density allowed in a particular zone, and applies only to developments of more than
35 units. Sayreville, New Jersey also provides density bonuses for senior citizen residential
facilities, including independent living housing units, congregate care units and assisted living
facilities. The density bonus ranges from 5 percent to 30 percent based on the number of units
constructed (from 50 units to 200 units).
Taking these and other examples into consideration, staff recommends adopting a density
bonus of 25 percent for Elder Apartment Housing in Iowa City in the RM -12, RM -20, RM -44 and
PRM zones. Staff believes a 25 percent bonus will provide a sufficient incentive for developers
looking to build elder housing while ensuring densities are not out of character with the rest of
the zone. The table below provides an example of the increase in the number of units allowed
with a 25 percent bonus, based on a 1 acre Elder Apartment Housing development.
Zoning Classification
Current density allowed
Density allowed with 25%
bonus
RM -12
15 units
19 units
RM -20
24 units
30 units
RM -44
43 units
54 units
PRM
49 units
61 units
Accessibility is important to ensuring Elder Apartment Housing is livable for elders and persons
with disabilities. Thus, staff recommends also requiring all individual living units and communal
space to be accessible, as defined in Iowa Administrative Code Section 661 — 302.20 (example
Code requirements include 32" doors to ensure wheelchair accessibility, lower placement of
light switches and electrical outlets on walls, and sufficient maneuvering space in bathrooms).
The attached article provides an overview of the National Association of Area Agencies on
Aging's "best practices" to help communities serve an aging population. The report
recommends communities assess their zoning ordinances to promote a range of housing
options that meet the needs of an aging population.
Recommendation
Staff recommends that Section 94 -28 -8 of the Zoning Code be amended by adding a
subsection C, as follows:
C. Elder Apartment Housing Density Bonus Option
1. In the RM -12, RM -20, RM -44 or PRM Zones, Elder Apartment Housing, as defined in
this Title, may be granted a density bonus not to exceed 25 percent of the maximum
number of units otherwise permitted in the applicable zone, provided that:
a. The development is intended for use and occupancy by elders and /or persons
with disabilities; and
b. All individual dwelling units and any communal space must be accessible, as
defined in Iowa Administrative Code Section 661 - 302.20; and
rage ;s
c. Prior to issuance of the building permit, the owner must submit an affidavit to the
City that all individual dwelling units will be reserved for and occupied by elders
and /or persons with disabilities.
d. A rental permit is required, unless the use is licensed by the State of Iowa.
2. The City reserves the right to inspect the elder apartment housing to verify compliance
with these provisions.
Approved by:
Robert Miklo, Senior Planner,
Department of Planning and Community Development
10 Ways Communities Can Prepare for the Aging
Population Boom
Sharon O'Brien, About.com Guide
These "best practices" will improve community living for older adults
In a survey of thousands of cities and communities across the United States, the National
Association of Area Agencies on Aging (n4a) discovered that many communities across America
are not prepared to serve the aging population boom that is expected when millions of baby
boomers reach retirement age.
Looking at what communities across the U.S. are doing well (and not so well) to serve an aging
population, n4a developed 10 "best practices" to help communities prepare for the aging
population boom that is expected to peak in 2030. At that time, n4a estimates that one in every
five Americans will be over the age of 65.
Ten "Best Practices" to Help Communities Serve an Aging Population
1. Preventive health care — including health and "lifestyle" education, immunizations and
health screenings —to reduce injuries and the onset of chronic diseases. Include a range of
in -home services that will help older adults staying their homes longer.
2. Nutrition education to promote healthy eating through a person's entire lifespan, and
community- sponsored nutrition programs like home - delivered meals for older adults who
have difficulty preparing their own meals.
3. Age- appropriate fitness programs and recreational facilities that offer walking trails,
benches, and fitness equipment.
4. Safe driving assistance, including larger, easier -to -read road signage, grooved lane
dividers, reflective road markings and dedicated left -turn lanes. Include driver assessments
and training to promote safe driving for all ages, especially after strokes or other health
incidents. Make transportation options available for people who cannot or do not want to
drive.
5. Special planning and training for public safety personnel and other first responders
to help them locate and assist older adults during emergencies and disasters.
6. Home modification programs to help people adjust for special needs. Include zoning and
subdivision plans that promote a variety of affordable, accessible housing located near
medical, commercial and other desired services, as well as shared housing options for older
adults and their caregivers.
7. Tax assistance and property -tax relief for people in financial need, and programs to
protect older adults against scams and elder abuse.
8. Job training, re- training and lifelong learning opportunities, plus flexible employment
options that will attract and retain older workers.
9. Community engagement opportunities, including serving on community boards and
commissions, as well as volunteer opportunities in local government and non - profit
organizations.
10. Single point of access to ALL aging information and services in the community, and
the strategic expansion of services that will help older adults age with dignity and
independence in their homes and communities.
"The aging of the population will have a dramatic impact on America's cities and counties," said
Sibyl Jacobson, president of MetLife Foundation, which funded the survey. "By taking action now,
communities can avoid problems and improve the quality of life for all citizens as well as for
older adults."
HOUSING ... Studies have shown that older adults overwhelmingly prefer to "age in place" in
their existing homes and communities, but may need to modify their existing home or move to
another residence that is more accessible, more affordable or more appropriate in size to
accommodate their changing needs.
Recommendation: Communities should play a critical role in promoting the development of
home modification programs that assist older citizens to adapt their existing homes to meet their
needs. Additionally, communities should assess their land use plans, zoning ordinances and
building codes to promote the development of a range of housing options that meet the needs of
an aging population. These should be as close as possible to transportation links and /or walkable
distance from daily needs like medical services or shopping.
NOTICE OF PUBLIC HEARING
NOTICE OF PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
CONSIDERING A PETITION TO ESTABLISH A SELF - SUPPORTED MUNICIPAL IMPROVEMENT
DISTRICT WITHIN THE CITY OF IOWA CITY, IOWA
Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m., on
the1st day of November, 2011 in City Hall, Emma Harvat Hall, 410 E. Washington Street, Iowa City, Iowa, or
if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at
which hearing the Council will consider the creation of a Self- Supported Municipal Improvement District within
the city limits.
Pursuant to Chapter 386 of the Code of Iowa, herein "Act ", a Petition has been filed with the City Council
requesting that the City establish a Self- Supported Improvement District as contemplated by Chapter 386 of
the Code.
The name of the proposed District shall be the "Iowa City Downtown Self- Supported Municipal Improvement
District ".
The property to be included in the proposed Iowa City Downtown Self- Supported Municipal Improvement
District (SSMID) is property located in Iowa City's CB -10 zone, generally located between Iowa Avenue,
Burlington Street, Gilbert Street and Capitol Street, the CB -2 zone and CB -5 zones downtown, connecting to
and including the Northside Marketplace (see enclosed map). Said property is legally described as follows:
Beginning at the centerline of Gilbert Street where it intersects with the extended centerline of the east -west
alley between Bloomington and Davenport Streets in Block 57;; Thence west along said alley centerline to
the centerline of Linn Street;; Thence south along the Linn Street centerline to where it intersects with the
extended centerline of the east -west alley between Market and Bloomington Streets in Block 68;; Thence
west along the alley centerline to where it intersects the centerline of Dubuque Street;; Thence south along
the Dubuque Street centerline to the centerline of Jefferson Street;; Thence east along the Jefferson Street
centerline to the sidewalk on the east side of Gilbert Street;; Thence south along the western boundary of
said sidewalk to its intersection with the south boundary of the east -west alley between Iowa Avenue and
Jefferson Street in Block 45;; Thence east along the southern boundary of the alley to the NW corner of Lot 6
Block 45;; Thence south along western boundary of Lot 6 to where said western boundary extended
intersects the centerline of Iowa Avenue;; Thence west along the Iowa Avenue centerline to the centerline of
Clinton Street;; Thence south along the Clinton Street centerline to the centerline of Washington Street;;
Thence west along the Washington Street centerline to the centerline of Capitol Street;; Thence south along
the Capitol Street centerline to the southern boundary line extended of Lot 4 Block 83;; Thence east 182' to
the east right -of -way line of Clinton Street;; Thence south to the southwest corner of Lot 5 Block 82 ;; Thence
east along the southern boundary of Block 82 to the centerline of Dubuque Street;; Thence north along
Dubuque Street centerline to a point 40' west and 120' north of the southwest corner of Lot 5 Block 64;;
Thence east to the centerline of Linn Street;; Thence south along Linn Street centerline to the southern
boundary of block 63 extended;; Thence east along the southern boundary of block 63 to the centerline of
Gilbert Street;; Thence north along the Gilbert Street centerline to a point 40' west of the NW corner of Lot 4
Block 44;; Thence east along the south right -of -way line of Iowa Avenue to the NE corner of Lot 3 Block 44;;
Thence north to the northern boundary of the east -west alley between Iowa Avenue and Jefferson Street in
Block 45;; Thence west along the northern boundary of said alley to the eastern boundary of the sidewalk on
the east side of Gilbert Street;; Thence north along the eastern boundary of said sidewalk and crossing
Jefferson Street to the northern boundary of the sidewalk on the north side of Jefferson Street;; Thence west,
crossing Gilbert Street, to the NW corner of Gilbert and Jefferson Streets;; Thence west along the sidewalk to
the SW corner of Lot 5 Block 59;; Thence north to the centerline of the east -west alley between Jefferson
and Market Streets;; Thence east along the alley centerline to the SE corner of Lot 4 Block 46;; Thence north
to the northeast corner of Lot 4 Block 46;; Thence north 105' to a point 25' north of the SE corner of Lot 5
Block 47;; Thence west to the centerline of Gilbert Street;; Thence north to the point of beginning, and
excepting those properties zoned Neighborhood Public, which are as follows:; The north 110' of the west
58.5' of Lot 4 Block 65; Lots 7, 8, and the east 20' Lot 6 Block 65; The west 58.5' of N 110' of Lot 4 Block 65 ;
Lot 5 and the west 28.66' of Lot 6 Block 61; The east 38.3' Lot 6, all of Lot 7, and the west 397 of Lot 8
Block 58.
The purposes of the proposed Iowa City Downtown SSMID shall be the undertaking of actions authorized by
the Act and include, additional or enhanced services within the district and administration of operational
expenses for actions intended to benefit the property within the proposed Iowa City Downtown SSMID which
include developing and managing business retention and attraction, special events activities and expansion
of the Park and Shop /Bus and Shop program and making physical or other improvements designed to
improve the image and appearance and hiring two people to execute the program of work. The City will
continue the type and extent of governmental services currently provided and the work of the Iowa City
Downtown SSMID will provide new and enhanced services.
The maximum rate of tax which is requested to be imposed and to be levied annually shall not exceed $2.00
per $1,000.00 of taxable value of the "property" in any one year in addition to all other taxes. The proposed
levy shall be distributed to the operation fund.
All residents may appear and be given an opportunity to express their views for or against the proposed
establishment of a self- supported municipal improvement district.
Copies of the proposed ordinance and a map of the proposed Iowa City Downtown SSMID area are on file
for public examination in the office of the City Clerk, City Hall, 410 E. Washington St., Iowa City, Iowa.
Persons wishing to make their views known for Council consideration are encouraged to appear at the
above - mentioned time and place.
MARIAN K. KARR, CITY CLERK
Proposed 1 Area
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Date: October 20, 2011
To: Tom Markus, City Manager��
From: Jeff Davidson, Planning and Community Development Director
Wendy Ford, Economic Development Coordinator
Re: Iowa City Downtown SSMID (Self Supported Municipal Improveme District)
Ordinance
Introduction:
A petition to create a SSMID district was received on August 25, 2011 and met the two
statutory requirements of containing at least 25% of the number of property owners in
the proposed district representing at least 25% of the total value for Council to initiate
proceedings. At the time of receipt of the petition, 35.6% of the proposed district
owners representing 42.3% of the valuation had signed. Since then, additional petitions
have been received bringing the totals to 39.16% of owners representing 49.38% of the
valuation.
Council received the petition at their meeting on September 6, 2011 and at Council's
request, the Planning and Zoning Commission reviewed the SSMID plan and petition for
the merits and feasibility of the proposed activities at their regular meeting on
September 15, 2011. (A review by the Planning and Zoning Commission is required by
state law). The Planning and Zoning Commission submitted a recommendation for
approval of the SSMID District at the October 4, 2011 City Council meeting, at which
point a date for a Public Hearing was set for November 1, 2011. Subsequently, the City
Clerk notified all property owners via certified mail at least 15 days prior to the public
hearing.
Following a public hearing, an Ordinance establishing the SSMID district may be
enacted in as soon as 30 days.
History /Background:
A committee of the Downtown Association (DTA) initiated the efforts to establish a
SSMID earlier this year. The DTA is a membership association organized for the
purpose of promoting downtown Iowa City as a destination. Its primary activities are to
create and promote downtown events and to operate the Park & Shop /Bus & Shop
discount programs. If established, the SSMID would replace the DTA, continue those
activities and add significantly to the program of work for the benefit of the SSMID
district including marketing, business retention, business expansion, information
management, and physical improvements such as enhanced lighting and landscaping.
A SSMID is a self- imposed additional taxing district that will levy a tax on the properties
within the district for the purpose of the stated activities. The proposed SSMID would
cover properties located in the central business district (CB -10) zone, the central
business service (CB -2) zone and the central business support (CB -5) zones
downtown, connecting to, and including the Northside Marketplace (see map). Funds
October 24, 2011
Page 2
generated from the levy would be used for the purposes of paying the operational
expenses of the proposed district, as defined and authorized by state law.
SSMID ordinance
The ordinance contains the operational mechanics of how the Iowa City Downtown Self -
Supported Municipal Improvement District will work. Specifically, the ordinance requires
that the City Of Iowa City enter into an operating agreement with the Iowa City
Downtown SSMID Board, a 501(c)6 non - profit organization.
Purposes
State code allows for the SSMID to levy taxes for three purposes within a SSMID
district: operations, capital improvements and debt service. The petition for the Iowa
City Downtown SSMID proposes only the levy of operational taxes for the following
purposes:
1. To develop and manage activities in support of marketing, business retention and
attraction, including, but not limited to marketing activities, including media and
advertising campaigns and communication materials; providing miscellaneous
business support services; establishing and promoting special events, festivals, and
activities; establishing databases, providing space referrals and assistance, and
making further improvements to and expansion of the park & shop /bus & shop
program.
2. To make physical or other improvements designed to enhance the image and
appearance of the proposed district, including, but not limited to lighting
improvements, seasonal and decorative enhancements, signage and banners, and
landscaping.
3. To hire a business development manager and assistant business development
manager who will work for the board to manage the work of the Iowa City downtown
Self Supported Municipal Improvement District Board and to fulfill the intent of this
petition.
SSMID board
The proposed board will direct the activities of the SSMID and consist of 14 to 19
people including the following voting members: two from property owners or their
representatives from different properties within the proposed district with an assessed
value in excess of 1.0% of the total assessed value of property within the district
boundaries; two from property owners or their representatives from different properties
within the proposed district with an assessed value less than of 1.0% of the total
assessed value of property within the district boundaries; two from business owners
within the proposed district that lease more than 3,000 square feet of commercial
space; two from business owners within the proposed district that lease less than 3,000
square feet of commercial space; one from a business in the Northside Marketplace
area, one from the University of Iowa; and up to four other stakeholders of the proposed
district. There will also be four non - voting seats on the SSMID board: one each from the
Iowa City Coralville Area Convention and Visitors Bureau, the Iowa City Area Chamber
of Commerce, the Iowa City Area Development Group and the City of Iowa City.
October 24, 2011
Page 3
SSMID advisory board to the City Council
An advisory board to the City Council will be made up of specific members of the
proposed SSMID board to advise City Council on SSMID activities and to make annual
SSMID budget recommendations to City Council. The advisory board will be chosen by
the SSMID board from among its members and be comprised of the following: a
property owner or their representative from a single property within the proposed district
with an assessed value in excess of 1.0% of the total assessed value of property within
the district boundaries; a property owner or their representative from a single property
within the proposed district with an assessed value less than of 1.0% of the total
assessed value of property within the district boundaries; a business owner within the
proposed district that leases more than 3,000 square feet of commercial space; a
business owner within the proposed district that leases less than 3,000 square feet of
commercial space, and one from a business in the Northside Marketplace area.
Council action
Because the creation of a SSMID is accomplished by ordinance, the City Council will
have three readings of the proposed ordinance. Iowa code states that a SSMID
ordinance must be approved by 75% of the members of the council. Councilors who
abstain due to a conflict of interest are not included as "members of the council' in
determining the 75 %.
Because of their business interests in the district, Matt Hayek, Connie Champion and
Terry Dickens shall be abstaining, and the City Council for this vote shall be comprised
of the remaining four City Councilors, Regenia Bailey, Susan Mims, Ross Wilburn, and
Mike Wright.
A unanimous council vote is required if a petition is received opposing the SSMID. Such
a petition must contain the signatures of 25% of the property owners within the
proposed district who represent at least 25% of the assessed value of the district. If an
opposition petition contains the signatures of 40% of the property owners who represent
at least 40% of the assessed value of the district, the SSMID ordinance must be
withdrawn and no further affirmative actions may be taken by the Council related to the
SSMID ordinance.
Tax rate and duration
In the SSMID petition, the rate is established at a maximum, not to exceed two dollars
($2) per one thousand dollars ($1,000) assessed value for a period of four (4) years,
commencing with the levy of taxes for collection in the fiscal year beginning July 1,
2012. At this level, the SSMID would generate about $282,000. This rate is requested
by petitioners because it will meet the operational budget projections for SSMID
activities.
Amendments to or renewal of the SSMID
To amend or renew a SSMID ordinance, property owners within the district must follow
the same petition process used to create a SSMID.
Discussion of Solution:
The SSMID committee of the DTA has been working for months planning the steps for
creation of a SSMID District, a SSMID Board, a SSMID Advisory Board to the City
October 24, 2011
Page 4
Council, and ensuring that the taxes levied would be sufficient to carry out a program of
work.
Early in the planning stages, representatives from the University of Iowa stepped
forward in support of the efforts to establish the SSMID. As a tax exempt entity, they
would not be able to be assessed the SSMID levy, so instead, would contract with the
SSMID 501(c)6 organization to contribute $100,000 per year. Their interest in the
SSMID stems from a desire to ensure that downtown remains vital, has a healthy mix of
business and to which students, staff, faculty, visitors and the entire community are
attracted. A vital downtown is critical to all in the promotion of Iowa City and the
University of Iowa.
Recommendation:
All statutory requirements for creating a SSMID have been met. The DTA SSMID
committee has researched the costs for the planned program of work and determined a
levy of $2 per $1000 valuation will afford the desired level of increased marketing and
image enhancement activity when coupled with the contribution from the University. The
Planning and Zoning Commission concurred that the merits and feasibility of the SSMID
are sound and forwarded their recommendation to Council on October 4. The SSMID
would employ two full time professional employees, creating a net gain of one, due to
the dissolution of the DTA after the SSMID was in operation.
Staff recommends the adoption of the SSMID Ordinance.
Proposed SSMID Area
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Petition
To establish the Iowa City Downtown Self Supported Municipal Improvement District (SSMID)
pursuant to Chapter 386 of the Code of Iowa.
We, the undersigned, being owners of the property within the SSMID, hereby petition the City
Council of Iowa City, Iowa, pursuant to the provisions of Chapter 386 of the Code of Iowa (the
"Act ") as follows:
1. To establish by ordinance a Self Supported Municipal Improvement District in Iowa
City, Johnson County, Iowa:
a. The name of which shall be the "Iowa City Downtown Self Supported Municipal
Improvement District" (herein referred to as the "Proposed District "),
b. A description of boundaries and map of the Proposed District is attached hereto as
Exhibit A.
c. The purposes of which shall be the undertaking of actions authorized by the Act
and the performance of administration, redevelopment, and revitalization of the
Proposed District, as authorized by the Act, any and all of which actions and
improvements are intended to benefit the property, businesses, and residents
within the Proposed District, including, but not limited to activities that expand
the mix of businesses, increase consumer traffic, enhance beautification and
landscaping, and expand the Park & Shop /Bus & Shop program.
2. To establish an operation fund for the Proposed District and levy an annual tax (the
`'Operation Tax ") upon the property defined in the Act (excluding property assessed as
residential property for property tax purposes) at a maximum levy rate not to exceed two
dollars ($2) per one thousand dollars ($1,000) assessed value for a period of four (4)
years, commencing with the levy of taxes for collection in the fiscal year beginning July
1, 2012 for the purpose of : (a) paying the administrative and operational expenses of the
Proposed District, as defined and authorized in the Act, or (b) paying part or all of the
maintenance expenses of "improvements" or "self- liquidating improvements" as defined
in the Act with respect to the Proposed District.
3. It is the intent of this Petition that the operation taxes levied and collected on behalf of
the Proposed District shall be expended for new, additional or enhanced services within
the Proposed District, and that the City shall not diminish the type and extent of
governmental services currently provided.
4. This Petition is not requesting any amount of levy for either a Debt or Capital Fund.
5. To disburse annually all amounts collected in the Operation Fund, for one or more of the
following purposes, at such times and under such conditions as shall be recommended to
the City Council by a SSMID Advisory Board (described in section 7), as more
specifically described below.
a. Development and management of activities in support of marketing, business
retention and attraction, including, but not limited to:
Establish databases
Space referrals and assistance
Marketing activities, including media and advertising campaigns and
communication materials
Miscellaneous business support services
Establishment and promotion of special events, festivals, and activities
Further improvements and expansion of the Park & Shop/Bus & Shop program
b. Physical or other improvements designed to enhance the image and appearance of
the Proposed District, including, but not limited to:
Lighting Improvements
Seasonal and decorative enhancements
Signage and banners
Landscaping
c. To hire a Business Development Manager and Assistant Business Development
Manager who will work for the Board to manage the work of the Iowa City
Downtown Self Supported Municipal Improvement District Board and to fulfill
the intent of this Petition.
6. It is the intent of this Petition that the City of Iowa City enter into an operating agreement
with the Iowa City Downtown Self Supported Municipal Improvement District Board
(herein referred to as the "Proposed Board "). This Board will be formed as described
below. All SSMID levy monies shall be appropriated to the SSMID Board for the
management and operation of the Proposed District. From time to time, the City of Iowa
City may provide additional revenue to the Proposed Board for the purposes of the
management and operation of the Proposed District.
a. The Proposed Board shall establish itself as a 501 (c)(6) non -profit organization
with a Board of Directors consisting of fourteen (14) to nineteen (19) members
serving four year terms.
i. Board membership shall consist of voting members:
1. Two from property owners or their representatives from a single
property within the Proposed District that has an assessed value in
excess of 1.0% of the total assessed value of property within the
district boundaries as of January 1, 2011.
2. Two from property owners or their representatives from a single
property within the Proposed District that has an assessed value
less than of 1.0% of the total assessed value of property within the
district boundaries as of January 1, 2011.
3. Two from business owners within the Proposed District that lease
more than 3,000 square feet of commercial space.
4. Two from business owners within the Proposed District that lease
less than 3,000 square feet of commercial space.
5. One from a business in the Northside Marketplace area.
6. One from The University of Iowa.
ii. Board membership may consist of up to four (4) other stakeholders of the
Proposed District as voting members of the Board.
iii. Board membership shall consist of ex- officio non - voting members from:
1. Iowa City - Coralville Area Convention and Visitors Bureau;
2. Iowa City Area Chamber of Commerce;
3. Iowa City Area Development Group; and
4. City of Iowa City.
iv. Board membership shall include the Downtown Business Development
Manager as an ex- officio non - voting Board member.
v. It is the intent of this Petition that no revenues produced through property
taxes imposed specifically for the Proposed District or tax increment
financing revenues attributable to the operation tax levy on properties in
the Proposed District shall be spent by the City Council without the
approval of the Board.
b. The initial Board shall be chosen by a group of five persons representing:
1. Iowa City - Coralville Area Convention and Visitors Bureau;
2. Iowa City Area Chamber of Commerce;
3. Iowa City Area Development Group; and
4. City of Iowa City; and
5. The University of Iowa.
7. The SSMID Advisory Board to the City Council shall be made up of specific members of
the Proposed Board and will be chosen by the Proposed Board as follows:
i. A property owner or their representative from a single property within the
Proposed District that has an assessed value in excess of 1.0% of the total
assessed value of property within the district boundaries as of January 1,
2011.
ii. A property owner or their representative from a single property within the
Proposed District that has an assessed value less than of 1.0% of the total
assessed value of property within the district boundaries as of January 1,
2011.
iii. A business owner within the Proposed District that leases more than 3,000
square feet of commercial space.
iv. A business owner within the Proposed District that leases less than 3,000
square feet of commercial space.
v. One from a business in the Northside Marketplace area.
8. It is the further intent of this Petition that, notwithstanding the fact that the Proposed
District is located within the boundaries of a Tax Increment Finance District which has
been created by the City, an amount of funds which would be derived from the annual
SSMID levy of the Operation Tax against property within the Proposed District if the
Proposed District were not located within such Tax Increment Finance Districts shall be
made available annually for the services, improvements, and activities set out in this
Petition, and that the City should take all actions necessary to accomplish this purpose,
including, if necessary, allocation to these services, improvements and activities of a
portion of the incremental property taxes which are attributable to properties within the
Proposed District. These allocations may be from the SSMID levy or other sources.
EXHIBIT A
Proposed SSMID Area
All block numbers referenced in the description below are in the Original Town.
• Beginning at the centerline of Gilbert Street where it intersects with the extended centerline of the east -
west alley between Bloomington and Davenport Streets in Block 57;
• Thence west along said alley centerline to the centerline of Linn Street;
• Thence south along the Linn Street centerline to where it intersects with the extended centerline of the
east -west alley between Market and Bloomington Streets in Block 68;
• Thence west along the alley centerline to where it intersects the centerline of Dubuque Street;
• Thence south along the Dubuque Street centerline to the centerline of Jefferson Street;
• Thence east along the Jefferson Street centerline to the sidewalk on the east side of Gilbert Street;
• Thence south along the western boundary of said sidewalk to its intersection with the south boundary of
the east -west alley between Iowa Avenue and Jefferson Street in Block 45;
• Thence east along the southern boundary of the alley to the NW corner of Lot 6 Block 45;
• Thence south along western boundary of Lot 6 to where said western boundary extended intersects the
centerline of Iowa Avenue;
• Thence west along the Iowa Avenue centerline to the centerline of Clinton Street;
• Thence south along the Clinton Street centerline to the centerline of Washington Street;
• Thence west along the Washington Street centerline to the centerline of Capitol Street;
• Thence south along the Capitol Street centerline to the southern boundary line extended of Lot 4 Block 83;
• Thence east 182' to the east right -of -way line of Clinton Street;
• Thence south to the southwest corner of Lot 5 Block 82;
• Thence east along the southern boundary of Block 82 to the centerline of Dubuque Street;
• Thence north along Dubuque Street centerline to a point 40' west and 120' north of the southwest corner
of Lot 5 Block 64;
• Thence east to the centerline of Linn Street;
• Thence south along Linn Street centerline to the southern boundary of block 63 extended;
• Thence east along the southern boundary of block 63 to the centerline of Gilbert Street;
• Thence north along the Gilbert Street centerline to a point 40' west of the NW corner of Lot 4 Block 44;
• Thence east along the south right -of -way line of Iowa Avenue to the NE corner of Lot 3 Block 44;
• Thence north to the northern boundary of the east -west alley between Iowa Avenue and Jefferson Street in
Block 45;
• Thence west along the northern boundary of said alley to the eastern boundary of the sidewalk on the east
side of Gilbert Street;
• Thence north along the eastern boundary of said sidewalk and crossing Jefferson Street to the northern
boundary of the sidewalk on the north side of Jefferson Street;
• Thence west, crossing Gilbert Street, to the NW corner of Gilbert and Jefferson Streets;
• Thence west along the sidewalk to the SW corner of Lot 5 Block 59;
• Thence north to the centerline of the east -west alley between Jefferson and Market Streets;
• Thence east along the alley centerline to the SE corner of Lot 4 Block 46;
• Thence north to the northeast corner of Lot 4 Block 46;
• Thence north 105' to a point 25' north of the SE coiner of Lot 5 Block 47;
• Thence west to the centerline of Gilbert Street;
• Thence north to the point of beginning, and excepting those properties zoned Neighborhood Public, which
are as follows:
The north 110' of the west 58.5' of Lot 4 Block 65
Lots 7, 8, and the east 20' Lot 6 Block 65
The west 58.5' of N 110' of Lot 4 Block 65
Lot 5 and the west 28.66' of Lot 6 Block 61
The east 38.3' Lot 6, all of Lot 7, and the west 39.7' of Lot 8 Block 58
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IOWA CRY *IA • WHERETHE UNIQUE IS THE USUAL
Self Supporting Municipal Improvement District
Committee of the Downtown Association
325 E. Washington St., Ste 100 Iowa City, IA 52240
Dear City Council,
Since our original batch of petitions was turned into you for the Self Supporting Municipal
Improvement District (SSMID), a number of additional petition signatures were collected. These
signatures are attached. With these additional signatures, the number of unique owners in favor
of this SSMID proposal is now 56 out of 143, or 39.16 %. These properties adding their voice of
support also change the total assessed value represented by the total collected signatures to
$69,730,780 out of $141,205,350 in the proposed district, or 49.38 %.
If the SSMID petition successfully becomes an ordinance, the first SSMID levy would appear on
tax bills in September 2012. The first transfer of SSMID levy money to a SSMID Board could
not occur until October 2012. We are anxious to get going on transforming the Downtown
Association into a SSMID Board, creating a strong and effective organization, outlining more
formal partnerships with the University of Iowa and the City of Iowa City, and getting going on
the substance of SSMID activities such as marketing and recruiting.
We would like to proceed with this process in January of 2012. In order to do this, we will be
approaching the City of Iowa City and the University of Iowa for bridge funding. This funding
will help fill the budgetary gap of the 10 months between January 2012 and October 2012. A
more detailed proposal will be presented at a later date. We understand that a bridge funding
proposal will likely go to the council's Economic Development Committee for recommendation
to the full body.
The committee looks forward to the public hearing on November 1, 2011 and to hear your
deliberations on this matter. Your support of this vital next step for downtown will be truly
appreciated. Our momentum is strong and a positive vote for this SSMID proposal will catapult
us into a new era for downtown Iowa City.
In peace,
r..7
c7i
Karen Kubby
Chair, DTA SMMID Committee " It
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Marian Karr
From: Karen Kubby <kubby @pobox.com>
Sent: Tuesday, October 25, 2011 10:26 AM
To: Council
Subject: UI SSMID contribution
Attachments: UI letter -- financial commitment.pdf
City Council,
In my letter outlining additional support from downtown property owners for the SSMID, I neglected to include the
attached letter from Doug True, Senior Vice President and University Treasurer for the University of Iowa. In this letter,
he outlines the UI's support for a vibrant downtown and their financial commitment to the SSMID. We are happy to
have such an important public institution show support for the process and function of a SSMID.
Karen Kubby
Chair, DTA SSMID Committee
Beadology Iowa
Jewelry, Beads, Instruction
220 E. Washington Street
Iowa City, IA 52240
(319) 338 -1566 ph
(319) 688 -2847 fax
www.beadologviowa.com
THE il
UNIVERS11Y
OF IOWA
September 30, 2011
Marc Moen
105 East College Street
Iowa City, IA 52240
Dear Marc,
office of the Senior Vice President
and Treasurer
105 Jessup Hall
Iowa City, Iowa 52242-1316
319 - 335 -3552
Fax 319- 353-2069
You and fellow downtown business owners have asked the University to support financially the
SSMID proposed for downtown Iowa City. We have responded that we will support it on an
equivalent basis of other downtown property owners, subject to approval of the SSMID by the
Iowa City Council.
A vibrant downtown is important to all of us within the community. Toward that end the
University will continue to participate with the City and with joint undertakings of downtown
property owners to improve the downtown for students, faculty and staff that we serve.
Best Regards,
1
Douglas
Senior Vice President
& University Treasurer
c: Provost Barry Butler
Carroll Reasoner
David Drake
October 14, 2011
Iowa City City Council
City Hall
410 Washington Street
Iowa City, IA 52240
Dear Council members
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As an Iowa City volunteer, I urge the City Council to vote to approve the proposed SSMID. Having a
SSMID in place will provide a source of revenue to continue improvements in the downtown, and will
provide necessary funding to market the area as a great place to live, work and play.
Since the Council passed the Pedestrian Mall No Smoking Ordinance and 21 -Only Ordinance, I and
others have witnessed remarkable and positive changes in the downtown. The new regulations have
reduced litter from smokers in the Pedestrian Mall. Now, the downtown is cleaner. Also visitors are more
courteous and less likely to trample plants, and less likely to allow their pets to use planter boxes as
toilets, which means plants aren't trampled by four - footed friends.
Another positive result is IC Park crews are able to stretch planting dollars and plant more because
there's a better chance annual blooming plants will survive. This allows crews to plant and beautify more
areas. City crews should be congratulated for their ongoing efforts. The downtown area was spectacular
with blooming annual plants this summer, and numerous people have commented how much they have
enjoyed the downtown atmosphere.
I've had the pleasure and opportunity of working with city crews after asking Dale Helling for permission
to plant in the Pedestrian Mall to give our City of Literature an environment to match its wonderful
designation. He suggested coordinating efforts with Sheri Thomas, Central Business District supervisor
and horticulturist. At the time, city staff members were all too familiar with the tough downtown planting
environment and expressed caution. Since the Pedestrian Mall was constructed, trees have grown and
compete with plant materials for moisture and nutrients. Additionally, the proliferation of bars and the poor
habits that people have developed, including shortcuts and detours through planter boxes, have
destroyed plant materials.
Sheri discussed options and locations, and together we had full knowledge that every plant would not
survive, and that plants would be replaced as needed during the spring or fall. The effort has been worth
the outcome. Since launching project in 2008, the year of the flood, more than 2,700 perennials (hosta,
day lilies, iris and sedum) have been planted in nearly 40 planter boxes in the downtown area. Between
2008 and 2010, 2,285 plants were installed and this year, 465 plants were planted. And, while not all
plants survive, a template was established to grow and green -up the environment.
Now, I'm pleased to work with Iowa City crews, Project GREEN and the Downtown Association of Iowa
City to develop a pilot project to decorate a planter box for the holiday season.
Your actions created a climate of positive change for downtown. Now, I urge the City Council to continue
your positive support of the Iowa City downtown area by voting affirmatively to pass the SSMID.
Thank you -
Linda Schreiber
319. 936.8600
ti
r-,
Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319- 356.630
o
ORDINANCE NO.
ORDINANCE AMENDING TITLE 3, "FINANCE, TAXATION AND FEES "OF TF I ODE I
TO ADD A NEW CHAPTER ESTABLISHING THE IOWA CITY OWNTOWN AIF- LLw '777?
SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT (SSMID) URSUANT TO THE:,i
PROVISIONS OF CHAPTER 386, CODE OF IOWA; AND PRO (DING FOR THE
ESTABLISHMENT OF AN OPERATION FUND AND THE LE OF AN ANNUAL TAX IN
CONNECTION THEREWITH.
WHEREAS, the City f Iowa City is authorized by Chapter 86, Code of Iowa (the "Act ") to create
a self - supported municipal im ovement district in the City, to pro ide for the existence and operation of
such district, to provide for the aintenance of improvements or self - liquidating improvements for such
district, and to levy taxes with res ect to such district, all as m e specifically defined in the Act; and,
WHEREAS, a petition (the' etition ") was filed with e City Clerk on August 25, 2011 pursuant to
the Act petitioning the City Council to reate the Iowa City owntown Self- Supported Municipal
Improvement District (the "Proposed D trict "), to establisfi an operation fund with respect to the Proposed
District, and to levy an annual tax for subo fund for ape od of four years, all for the purpose of paying the
operational expenses of the Proposed Di rict.
WHEREAS, the Petition is in complikice wii)6 the provisions of the Act; and,
WHEREAS, on September 6, 2011, the ty
rev1 Council received the Petition and referred it to the
City's Planning and Zoning Commission for in accordance with the Act; and,
WHEREAS, on October 4, 2011 the C' y C ncil received the report of the City's Planning and
Zoning Commission on the merit and feasibili of the roposed District; and,
WHEREAS, on October 4-, 2011, t4 City Coun 'I scheduled a public hearing for November 1,
2011, at 7:00 P.M., at which it proposed t take action fo the establishment of the Proposed District, and
did direct that notice of such hearing be en in accordan6q with the Act; and,
WHEREAS, notice of the heari g was published in th Iowa City Press Citizen on
2011, and a copy of such notice was ailed by certified mail 0 2011, to all the owners of
record of real property located within a Proposed District as s wn by the records of the Johnson
County Auditor, in satisfaction of the notice requirements of the A t; and,
WHEREAS, at the afc
of property in the Proposed D
to the establishment of the Pr
WHEREAS, on _
creation of the Proposed D
applicable requirements im
WHEREAS, n
Proposed District was
the Proposed District.
ntioned time and place, the City'Gouncil did meet and hear all owners
and residents of the City desiring'to express their views with respect
�d District; and, ''L
, 2011, the City Council
and found that the Petition and the Prc
i by the Act; and,
than thirty days has now passed since the public
ed, and no petition has been filed with the City CI
the public hearing on the
District satisfied the
firing on the creation of the
opposing the creation of
NOW THEREFORE, BE IT ORDAINED, by the City Council of the City of Iowa City, Iowa,
Q
°4 ra
Section I. That a new Chapter 7 entitled "Iowa City Downtown Self Supported Njii al
Improvement District" shall be added to Title 3, "Finances, Taxation and Fees" of the Citpsde, @s
follows:' �- U
1. In accordance with Iowa Code Chapter 386 there is ereby established and-pceatedtn the„,,,,.,
City of Iowa City, a self - supported municipal improve ent district as definedjrrfhe Pact, the':_'''
name of which shall be the "Iowa City Downtown Sel Supported Municipal Improv @r3�ent
District" (herei� the "District ").
2. The District sh I include all property within the fo owing described boundaries:
Beginning at the cente 'ne of Gilbert Street where it' tersects with the extended centerline of the
east -west alley between loomington and Davenpo Streets in Block 57;
Thence west along said a ey centerline to the cen rline of Linn Street;
Thence south along the Li Street centerline to here it intersects with the extended centerline
of the east -west alley bie e n Market and Bloo ington Streets in Block 68;
Thence west along the alley nterline to wher it intersects the centerline of Dubuque Street;
Thence south along the Dubu a Street cente ine to the centerline of Jefferson Street;
Thence east along the Jefferso Street cente ine to the sidewalk on the east side of Gilbert
Street;
Thence south along the western b undary said sidewalk to its intersection with the south
boundary of the east -west alley be een I a Avenue and Jefferson Street in Block 45;
Thence east along the southern bou da of the alley to the NW corner of Lot 6 Block 45;
Thence south along western b 0 u' o Lot 6 to where said western boundary extended
intersects the centerline of Iowa Avenu ,
Thence west along the Iowa Avenue c terline to the centerline of Clinton Street;
Thence south along the Clinton Stree ce terline to the centerline of Washington Street;
Thence west along the Washington treet enterline to the centerline of Capitol Street;
Thence south along the Capitol Str et cent Hine to the southern boundary line extended of Lot 4
Block 83;
Thence east 182' to the east nigh of -way line f Clinton Street;
Thence south to the southwest rner of Lot 5 lock 82;
Thence east along the souther boundary of BI k 82 to the centerline of Dubuque Street;
Thence north along Dubuque treet centerline to a point 40' west and 120' north of the southwest
corner of Lot 5 Block 64;
Thence east to the centerli of Linn Street;
Thence south along Linn reet centerline to the so hern boundary of block 63 extended;
Thence east along the so them boundary of block 6 to the centerline of Gilbert Street;
Thence north along the ilbert Street centerline to a p int 40' west of the NW corner of Lot 4
Block 44;
Thence east along th south right -of -way line of Iowa Avenue to the NE corner of Lot 3 Block 44;
Thence north to the rthern boundary of the east -west alley between Iowa Avenue and
Jefferson Street in ock 45;
Thence west along he northern boundary of said alley to We eastern boundary of the sidewalk on
the east side of Gi ert Street;
Thence north alo g the eastern boundary of said sidewalk and crossing Jefferson Street to the
northern bounda of the sidewalk on the north side of Jefferson Street;
Thence west, cr ssing Gilbert Street, to the NW corner of Gilbert and Jefferson Streets;
Thence west al ng the sidewalk to the SW corner of Lot 5 Block59;
Thence north the centerline of the east -west alley between Jekck son and Market Streets;
Thence east long the alley centerline to the SE corner of Lot 4 46;
Thence nortV to the northeast corner of Lot 4 Block 46;
Thence norpi 105' to a point 25' north of the SE corner of Lot 5 Block 47;
Thence welst to the centerline of Gilbert Street;
Thence north to the point of beginning, and excepting those properties zoned Neighborhood
Public, which are as follows:
The north 110' of the west 58.5' of Lot 4 Block 65
Lots 7, 8, and the east 20' Lot 6 Block 65
The west 58.5' of N 110' of Lot 4 Block 65 D
Lot 5 and the west 28.66' of Lot 6 Block 61 --�
The east 38.3' Lot 6, all of Lot 7, and the west 39.7' f Lot 8 Block 58
3. It is hereby found nd determined that all of the p
so that the present and poten ' I use or enjoyment of the pr(
performance of administration, development, revitalization
owners of property in the District ave a present and potenti
administration, redevelopment, re talization and maintenar
IM
�e y within the District is sO%iarlq (elated )
y is benefitted by the c rTon; -.
d maintenance of the District and-the
benefit from the condition, perfonfi�nce of
of the District.
4. Pursuant to the provisions f the Act, there is h reby is
and created a self - supported
municipal improvement district operati n fund with respe t to the District to be known as the "Iowa City
Downtown Self- Supported Municipal Im rove ment District Operation Fund" (herein the "Operation Fund "),
for which the City may certify taxes (the' peration Ta ') against the property, as defined in the Act
(excluding property assessed as residenti property f r property tax purposes), within the District (the
"Property ") each year, in addition to all othe taxes, c mmencing with the levy of taxes for collection in the
fiscal year beginning July 1, 2012 for the pu
of the District, as defined and authorized in
"improvements" or "self- liquidating improves
paying the administrative and operational expenses
r paying part or all of the maintenance expenses of
as defined in the Act, for a period of four (4) years.
5. The City may disburse the amounts c cted in the Operation Fund, in accordance with the
recommendations of a SSMID Advisory Board d scribed in paragraph 7 of the Petition. Any such
disbursements shall be made to a SSMID Boar , as escribed in paragraph 6 of the Petition and
established in accordance therewith, for one more f the following purposes:
a) Development and managementAf activities %n support of marketing, business retention and
attraction, including, but not limited o: \
Establish databases
Space referrals and assistance
Marketing activities, including edia and advertising ampaigns and communication materials
Miscellaneous business supp rt services
Establishment and promotio of special events, festival and activities
Further improvements and xpansion of the Park & Sho Bus & Shop Program
b) Physical or other imp vements designed to enhance t e image and appearance of the
Proposed District, includ' g but not limited to:
Lighting Improvement
Seasonal and decor ive enhancements
Signage and banner
Landscaping
c) To hire a Busi ess Development Manager and Assistant Business Development Manager who
will work for the oard to manage the work of the Iowa City Downt*n Self Supporting Municipal
Improvement istrict Board and to fulfill the intent of the Petition.
6. The rate f the Operation Tax to be levied annually, in addition to 1 other taxes, as aforesaid,
shall not exceed ate of two dollars ($2) per one thousand dollars ($1,000) o;taxable value of the
Property.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged
to be invalid or uncons 'tutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, pro ision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIV ATE: This Ordinance shall be in effe� after its final passage, approval
and publication.
Passed and approved this day of
MAYOR
ATTEST:
2011.
CITY CLERK
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Windows Live Hotmail Print Message
SSMID petition
From: Wendy Ford (Wendy- Ford @iowa- city.org)
Sent: Mon 10/31/1110:51 AM
io: 'bryan2 @live.com' (bryan2 @live.com)
Hi Bryan,
Page 1 of 1
I am the city staff person verifying all the SSMID petition signatures and I need to talk to you about a
couple of yours.
Your property at 310 E. Burlington St. is shown on the auditor's website as being owned by ZO LLC
instead of Pentacrest Garden as you had signed it, and the property at 225 S. Gilbert is residential
condo property which is not subject to SSMID levies, however 219, 221 and 223 -the small retail
spaces are.
For these property valuations to count, you need to re -sign the petition showing the correct owner (for
310) and the correct addresses (for 219, 221, & 223) and turn it in to the City Clerk. The current
assessed values are $1,975,860 for 310 E. Burlington St. and $45,430 EACH for 219, 221, 223 S. Gilbert
St.
Please let me know if you have any questions.
Thanks,
Wendy
Wend, Ord
rl___�,
Economic Development Coordinator
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410 E. Washington St. Iowa City, IA 52240
-
Phone 319 -356 -5248
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CITY OF IOWA CITY
RA N D U M
� 0
Date: October 31, 2011
To: City Council ,, //
From: Eleanor M. Dilkes, City Attorneeb
Re: Occupy Iowa City's Appeal of Terms of Permit for use of College Green Park
Occupy Iowa City has appealed the terms of the City permit issued for use of College Green
Park on 10/26/11 to the City Council. The appeal was filed within 5 working days of the
issuance of the permit, and therefore, pursuant to City Code Section 10 -1 -5 the Council must
hold a hearing no later than its next regularly scheduled meeting at which proper 24 -hour
notice can be given. That meeting is Tuesday, November 1. After the hearing the Council
"may, based upon the standards enumerated [in the ordinance] ,reverse, affirm or modify in
any regard the city manager's or designee's decision."
The following documents are attached:
A. Copies of City Code Sections 10 -1 -3 ( "Application for Permit ") and 10 -1 -4( "Issuance or
Denial of Permit ").
B. City Press Release dated 10/20/11. This release summarizes the meetings between City
staff and Occupy Iowa City's General Assembly as of 10/20/11.
C. 10/21/11 Memo from Mike Moran re: lumber /structure at College Green Park that was
posted at the park on 10/21/11.
D. 10/24/11 Application for Public Assembly permit filed 10/24/11 by Occupy Iowa City
with attached draft of permit that had been provided by Mike Moran to the group.
E. Permit granted 10/26/11
F. Appeal dated 10/28/11
The appeal filed by Occupy Iowa City states that the permit issued on October 26 "differs
significantly from the proposed permit applied for and submitted to the City of Iowa City, on 24
October 2011." It is staff's understanding that Occupy Iowa City has 5 specific objections.
Those objections are listed below with a staff response:
1. "No person allowed in the North and West quadrants of College Green between 10:30
p.m. and 6:00 a.m. Occupy Iowa City's use is limited to the South and East quadrants
of the park in order to allow public use of the remaining 2 quadrants. This limitation
was stated on the draft permit. It is the permit that allows use of the park beyond
closing hours. The provision being objected to clarifies that the closing hours still apply
October 31, 2011
Page 2
in the remaining 2 quadrants. The need for such a clarification arose after a person was
observed sleeping in the sand by the play structure.
2. "No structure of any kind shall be built or put on the green." The press release of
10/20/11 notes that one of the conditions of the permit offered by staff was "no
structures." On 10/21/11, without notice to city staff, lumber was delivered to College
Green Park and staff learned that there was a plan to construct a kitchen. This event
made it clear that the permit must specifically address what structures /enclosures could
or could not be placed at the park. There is no constitutional right to camp or live in a
City park. See Clark v Community for Creative Non - violence, 468 U.S. 288 (1984). It
was staff's conclusion that the significant health, safety, fire and liability issues
presented by the location of habitable structures (e.g. those in which persons cook and
eat) counseled against allowing structures other than small tents. With respect to
liability, the City Code exempts public assemblies held in a park from the
indemnification and insurance requirements only if the assembly "does not require any
equipment, cables, objects, structures, or similar items to be placed" in the park. If
Council desires to allow structures and objects such as those being requested, the Code
will require that a person or entity that is legally competent to contract sign as the
applicant, that the person or entity indemnify the City for any damage, and provide
insurance "in an amount necessary to minimize risk of harm to persons and property
based on the nature and size of the event, as determined by the City's risk manager"
unless such person or entity demonstrates the inability to obtain or pay for such
insurance.
3. "Tents designed for six or less people are allowed, anything larger is prohibited." Staff's
observation suggested that the tents at the park would fall within this description and
staff felt the need to address the size of the tents for the reasons addressed above with
respect to structures.
4. "No tents are allowed on the North or West quadrant of College Green." This simply
provides additional clarification that the permit was issued only for the South and East
quadrants of the park.
5. "There is no indication that the permit can be renewed." The time period for the permit
initially being discussed by staff and members of the group was for 30 days with the
potential for renewal upon the filing of a new application. When the City Manager and
Parks Director attended the General Assembly on October 19 the Parks Director stated
that an initial permit for 4 months would be acceptable but 6 months would not be
given the park plans for the Spring. The provision regarding renewal was removed to
avoid any suggestion that the park would be available for more than 4 months. The
group could always apply in February and the application would be considered at that
time.
October 31, 2011
Page 3
In considering this appeal, you should keep in mind this very basic tenet: The City permit
ordinance is designed to address issues concerning the time, place and manner of assemblies of
persons in public spaces. The content or message of the group requesting use of public space is
not a factor. You must be able to conclude that your decision would be the same without
regard to the message of the group that desires to assemble in College Green Park.
Finally, you have received a letter from Billy Zelsnack appealing the granting of the permit to
Occupy Iowa City. The ordinance allows a "party aggrieved" to appeal the grant or denial of a
permit. Although Mr. Zelsnack states that he is aggrieved as a taxpayer, this is not a sufficient
interest to make him an aggrieved party. He has been informed that a hearing will be held on
Occupy Iowa City's appeal at Tuesday night's Council meeting and he may appear.
Staff will be present at your meeting to answer questions.
Cc: Tom Markus, City Manager
Dale Helling, Asst. City Manager
Mike Moran, Parks Director
Doug Boothroy, Building Official
Kevin O'Malley, Finance Director
Andy Rocca, Fire Chief
Sam Hargadine, Police Chief
Jim Steffen, Captain
Tom Hudson and Steve Hoffelt (Occupy Iowa City)
Bill Zelsnack
10 -1 -2
10 -1 -3:
I1
:1
A. Cede
S',P C470 h s
10 -1 -3
"Amplified sound" is defined in section 6 -4 -2 of this code. (Ord
11 -4435, 6 -21 -2011)
APPLICATION FOR PERMIT:
Filing Application:
1. An application for a parade /public assembly permit shall be filed
with the city manager or designee by any person or group of persons
desiring to use any public right of way as provided in this chapter. If
the applicant is not a natural person, the applicant shall identify a
natural person who has authority to act for the applicant with regard
to the parade or public assembly.
2. All applications shall be filed at least three (3) working days in
advance of the date of the requested use.
3. Applications shall be made on forms prepared by the city manager
or designee.
Application Form: The application form shall contain the following
information:
1. Name and address of the applicant.
2. An acknowledgement to be signed by a natural person that he or
she has authority to act on behalf of the group that is requesting the
permit.
3. The type of event that is planned, namely parade, or public
assembly.
4. Proposed location or locations.
5. Expected size of group.
6. Date, time and expected duration of the use.
7. Names and contact information of the person(s) to be present at
and who will serve as the contact person(s) for the applicant at the
proposed parade or public assembly.
8. List and description of mechanical or electronic equipment to be
used, including sound amplification.
July 2011
Iowa City
10 -1 -3
10 -1 -3
9. Number and type of any motor vehicles or other forms of transpor-
tation to be used, including bicycles.
10. Number and type of any animals to be used.
11. Proposal to monitor the event, including the names of any person
not employed by the city who will be responsible for setting up,
cleaning up, or maintaining order and whether the police department
will be needed to assist in maintaining order.
12. Proposal for cleanup.
13. Except if the parade or public assembly is held entirely on a
public sidewalk, on City Plaza, or in a park and does not require any
Iowa City
July 2011
10 -1 -3 10 -1 -4
equipment, cables, objects, structures, or similar items to be placed
on the sidewalk, city plaza, or park an agreement in which the
applicant shall agree to pay on behalf of the city all sums which the
city shall be obligated to pay by reason of any liability imposed upon
the city for damages of any kind resulting from use of public property
and the public right of way, whether sustained by any person or
persons, caused by accident or otherwise and shall defend at its own
expense and on behalf of the city any claim against the city arising
out of the use of public property and the public right of way.
14. Except if the parade or public assembly is held entirely on a
public sidewalk, on city plaza, or in a park and does not require any
equipment, cables, objects, structures, or similar items to be placed
on the sidewalk, city plaza, or park, insurance is required in the
reasonable amount necessary to minimize risk of harm to persons
and property based on the nature and size of the event, as
determined by the city's risk manager. The speech content of the
parade or public assembly shall not be a factor in determining the
amount of insurance. The insurance requirement may be waived if
applicant demonstrates inability to obtain insurance or to pay the
cost of insurance.
15. Any other information that the city manager or designee finds
necessary. (Ord. 04 -4125, 5 -4 -2004)
10 -1 -4: ISSUANCE OR DENIAL OF PERMIT:
A. Standards For Issuance Of Permit: The city manager or designee
shall grant or deny the application for a permit in writing, which shall
be mailed by ordinary mail or personally delivered to the applicant
and stating the reasons therefor within seven (7) working days of the
application being filed, and no later than the day prior to the event
assuming the application is timely filed. The city manager or
designee shall examine the application and shall grant a permit if the
following conditions are met:
1. The use will not unreasonably interfere with the privacy, safety,
security, convenience and tranquility of the residents or inhabitants
of the area in light of the date and time of said proposed use.
2. The proposed public right of way can accommodate the group or
use, based both on group size and on health and sanitation facilities,
whether available or to be provided by applicant.
Iowa City
10 -1 -4
10 -1 -4
3. The proposed use or activity is compatible with the normal activity
of the proposed public right of way at the requested time or date.
4. The application demonstrates the applicant has the means,
planning and coordination to hold the proposed event, considering
the time of day, location, public facilities available, traffic control,
parking requirements and any monitoring required to protect the
public health and safety.
5. The event will not interfere with either another event for which a
permit has already been granted or an event organized and
conducted by the city for the same date and time.
6. The use will not substantially interrupt the flow of street and /or
pedestrian traffic'.
7. The use will not require the excessive diversion of police from
other duties or substantially interfere with the city's firefighting
operations.
8. The use does not create undue health or safety hazards.
9. All applicable fees have been paid.
10. The application is fully completed and executed.
11. The indemnification agreement has been signed, if applicable.
12. A certificate of insurance showing compliance with this section
has been provided, if applicable.
13. The application contains no material falsehood or misrepresenta-
tion.
14. The applicant is legally competent to contract and to sue and be
sued.
15. The applicant has not damaged city property, and if the applicant
has, the damage has been paid in full, and has paid all other
outstanding and unpaid debts to the city.
1. See subsection 6 -1 -2M of this code for nuisance provisions.
Iowa City
10 -1 -4 10 -1 -5
16. The use or activity intended by the applicant is not prohibited by
law.
17. The applicant paid cleanup costs, if any, within thirty (30) days of
the date of invoice as the result of a previously issued permit.
18. Additional police protection, if required under this chapter, has
been secured.
B. Contents And Conditions Of Permit: The permit shall contain the
following information:
1. Name, address, and telephone number of permittee.
2. Time, date and place of the permitted activity.
3. If a parade, the route and staging area.
4. Number of monitors or policing personnel required for safe use of
the public right of way.
5. Such other information that the city manager or designee finds
necessary for the enforcement of this chapter. (Ord. 04 -4125,
5 -4 -2004)
10 -1 -5: APPEALS REGARDING ISSUANCE OR DENIAL OF
PERMIT:
A. Any party aggrieved by the city manager's or designee's decision to
grant or deny a permit under this chapter may appeal the
determination to the city council if, within five (5) working days after
the decision, the party files a written notice of appeal with the city
clerk. In such event, a hearing shall be held by the city council no
later than its next regularly scheduled meeting, assuming the appeal
is filed in time to allow notice of said appeal in accordance with
chapter 21 of the Iowa Code.
B. Upon such hearing, the city council may, based upon the standards
enumerated herein, reverse, affirm or modify in any regard the city
manager's or designee's decision. The city council's decision is the
final decision. (Ord. 04 -4125, 5 -4 -2004)
Iowa City
13. 1o1 :.1n Ci+y )Veu kelesie
PRESS RELEASE
Re: Occupy Iowa City in College Green Park
Occupy Iowa City began its occupation of College Green Park in response to the occupation of Wall
Street and without a permit as allowed by the "spontaneous event" exception to the City's requirement
that assemblies of more than 100 people in a park must obtain a permit from the City. The group gave
notice to the City as required by that exception. The purpose of the "spontaneous event" exception is
to avoid the delay of obtaining a permit when responding to a news event such as the recent occupation
of Wall Street.
The exception that allowed the start of this event without a permit has served its purpose and is not
applicable to prolonged use of the park. A permit is required in order that the continued use of the
park and the conditions of that use (including use past closing hours) are formally addressed. The
permit requirement applies without regard to the content of the speech; the message of the protesters
is not relevant to the City.
The City Manager, Tom Markus, and the Parks and Recreation Director, Mike Moran, met with members
of Occupy Iowa City at College Green Park on Friday morning, October 14 to discuss this issue and
provide the group with a permit application and a proposed permit. At the request of members
present, the City Manager and Parks Director returned to the park on Wednesday evening, October 19,
to address the group's General Assembly. The presentation included the following:
1. The City is willing to issue a 4 month permit for use of the park with reasonable conditions
to address health and safety, preserve the park and allow use of the park by other members
of the community (e.g. no permanent structures, quiet time after 10:30 p.m.; gazebo to be
unobstructed). Most of these conditions had previously been accepted and implemented
after communications between the group and City staff.
2. The content of the group's speech has no bearing on the City's position. The permit
requirement applies to all members of the community without regard to their views.
3. In response to the concern that the group operates under the rules of their General
Assembly and has no designated representative, the City agreed that the Permit could be
signed by Occupy Iowa City.
4. Iowa City's permit process has been developed and enacted, consistent with the
constitution and in accordance with our democratic process, in order to ensure the safety of
the occupants and members of the public and to ensure that the park is available to all
peaceful users without regard to their purpose or message. The City Manager expressed his
respect for the group's General Assembly process and appealed to the group to respect the
City's democratic process that would be applied to any citizen in our community.
5. In many other communities, members of this movement have sought and received permits,
many on terms far more restrictive than those being offered by the City.
The General Assembly of Occupy Iowa City thanked City staff for the presentation, chose to deliberate
privately and stated that they would contact the City with a response, The City is hopeful that they will
appreciate the need for a permit.
r I C's /o /z/ 11 MorpAll M**)"P
��!l=-4 CITY OF IOWA CITY
MEMORANDUM
W%&" - -
DATE: 10/21/2011
TO: OCCUPY IOWA CITY
FROM: MIKE MORAN, DIRECTOR OF PARKS AND RECREATION
RE: LUMBER /STRUCTURE AT COLLEGE GREEN PARK
Today I observed lumber at College Green Park. It is my understanding that there is a plan to
construct a shelter for a kitchen. Regardless of the intended use of the lumber, construction
must cease immediately. If a permit application for use of College Green Park is submitted, I
will consider the appropriateness of construction of a temporary structure. However, if an
application for a permit is not submitted, the lumber must be removed immediately. In any
event, construction must cease immediately.
Additionally, please remove all tarps and other material from the gazebo immediately.
Copy to: Tom Markus, City Manager
Aypllc4ilam R f c 'o(
ito 12.4 1 it
CITY OF IOWA CITY
APPLICATION FOR PARADE /PUBLIC ASSEMBLY PERMIT
(Note: A permit is not required unless the group using the streets, City Plaza, or the sidewalk
has more than 26 people or unless the group using a park has more than 100 people.)
If a parade or public assembly will be in on the sidewalks and/or streets and/or City Plaza, return the
completed application to City Manager's Office, 410 E. Washington Street. Tel: 356 -5010.
if a parade or public assembly solely will be in a park, return the completed application to Parks &
Recreation Dept., 220 S. Gilbert Street, Tel: 356 -5110.
1. APPLICANT'S NAME: (1 / zawo,- C,',(7t/ EMAIL ADDRESS,
2. APPLICANT'S ADDRESS: e,
STREET CITY STATE ZIP
/��
3. PHONE NUMBER: !T/4
4. EVENT NAME: (C,
S. TYPE OF EVENT: (circle one) Parade Public Assembl
6. DATE OF EVENT: Z!��' Start Time: 7_ anr End Time: am /pm
7. EXPECTED NUMBER OF ATTENDEES: 2 S-- 31
8. EVENT LOCATION:
( ) City Plaza - circle one of the following: Mini Park Fountain Multiple locations
Area Area (include a map)
( ) City Street or Sidewalk
Name of street(s) or sidewalk(s) and include a map
( ) Park
Name ef'park. Note: Park shelters, ball fields and other facilities must be reserved separately by
contacting the Park & Recreation Dept. at 356 -5110.
Contact Person: % �O --a C ' M Aet 4-e- -J '' CAW,
Name and contact informati6rf of person to be present at event and who will serve as the
contact person(s) for the applicant at the proposed parade or public assembly.
9. List and describe all mechanical or electronic equipment to be used, including sound amplification,
and state where it will be located:
jF 4.sue
10. State the number and type of any motor vehicles or other forms of transportation to be used including
bicycles o yfw' 2,1-4j, 7, - S � l ��.e .� •1r�+ trd�c ��
11.State the number and type of any animals to be used �' s �,^ �.e� sps7�Ge �•tr
12. Will extra trash receptacles be needed? Yes_ Noxif yes, how many,
13. Proposal to monitor the event, including the names of any person not employed by the City who will
be responsible for setting up, cleaning up, or maintaining order and whether the police department
will be needed to assist in maintaining order
14. Proposal for cleanup u2wa 15. Is water connection requested? Yes ,-No If yes, explain -� c•�Gw�y",�,�.,�a
16. Is electricity requested? Yes No If yes, explain
17. Describe any items to be sold or distributed
If the applicant is not an individual, the person signing this application acknowledges that he or she has the
authority to act on behalf of the group that is requesting the permit.
INDEMNIFICATION AGREEMENT
10ld Lol
Dat
If Insurance is required, the applicant agrees to:
pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability
imposed upon the City for damages of any kind resulting from use of public property and the public right
of way, whether sustained by any person or person, caused by accident or otherwise and shall defend at
its own expense and on behalf of the City any claim against the City arising out of the use of public
property and the public right of way. (non- University of Iowa events only)
For University of Iowa Events, the applicant agrees to the following:
"The University agrees to be responsible for all claims and damages that directly result from the negligent
acts or omissions of the University, its employees, or agents to the extent permitted by Iowa Code
Chapter 669. Pursuant to Chapter 669, the University shall be responsible for payment of the City's
liability insurance deductible not to exceed $500,000.00, for claims arising from the University's use and
occupancy of the leased premises hereunder provided, however, the University shall not be responsible
for any claim, including payment of the City's liability insurance deductible for any claim, to the extent it
results from the City's negligence.
Pursuant to Chapter 669, the University agrees to provide a defense for any and all claims or actions
brought as a direct result of the University's negligent acts or omissions. The parties expressly agree that
such defense, if any, shall be provided by the State of Iowa Office of the Attorney General unless
otherwise agreed upon by the parties and the Office of the Attorney General."
If insurance is required, the applicant agrees to provide the certificate of insurance to the City by the last working
day prior to the event. (For additional information on insurance, see "Parade and Public Assemblies Information
Sheet. ")
Signature of Applicant
Date
Mgr\specialusepermits\parade info sheet.doc 2 7/21/2009
APPEAL RIGHTS
Any party aggrieved by the City Manager's or designee's decision below to grant or deny a permit
under this Chapter may appeal the determination to the City Council if, within five (5) working days after
the decision, the party files a written notice of appeal with the City Clerk. In such event, a hearing shall
be held by the City Council no later than its next regularly scheduled meeting, assuming the appeal is
filed in time to allow notice of said appeal in accordance with Chapter 21 of the Iowa Code.
FOR CITY USE ONLY:
NOTICE OF DECISION GRANTING OR DENYING THE APPLICATION
The application is approved.
The application is denied because
City Manager or Designee Date
MgAspecialusepermitslparade Info sheet.doc 3 7/21/2008
PUBLIC ASSEMBLY PERMIT
Pursuant to Section 10 -1 -4 of the City Code, the application for a parade /public
assembly permit filed October 24, 2011 by C,� is granted.
IF
Conditions of Permit
1. Permittee's name, address, and telephone number: �C� Un✓ mac.• - C4l
2. Time, date and place of permitted activity: From October 24, 2611 to February
24, 2001 in east and south quadrants of College Green Park with the exception
of the gazebo and the sidewalk between the two quadrants.
3. Pedestrian traffic shall not be impeded except for the portable toilet.
4. One portable toilet shall be placed on the sidewalk between the east and south
quadrants.
5. From 10:30 pm to 6:00 am, permittee shall ensure that they do not interfere with
the tranquility of the residents and inhabitants in the adjacent neighborhood and
they shall not unreasonably interfere with their tranquility from 6:00 am to 10:30
pm.
6. Tents shall be staked at least one foot from the sidewalk.
7. Cables, tents, ropes, and other items shall not be attached to any tree, bench,
pole, the gazebo, or other fixture in College Green Park.
8. Tents shall be moved at least every four days to avoid damaging the grass.
9. Signs shall not be attached to any tree, bench, pole, the shelter, or other fixture
in College Green Park. Signs shall not be anchored in the ground.
10. Permittee is not granted an exclusive use of the gazebo. Tarps or other material
shall not be attached to the gazebo.
11. No amplified sound.
12. No open fire or flame except those fueled by propane units approved by the
Director the Parks and Recreation.
13. New lights are being installed in College Green Park. The installation of the
lights shall not be impeded.
14. Additional conditions may be reasonably imposed by the Director of Parks and
Recreation.
15. This permit may be renewed upon filing of a new application.
to
oa
8 DOD" 4r
S JOINDON sr
p�
E. PC�f =Xjved
A)
APPEAL RIGHTS
Any party aggrieved by the City Manager's or designee's decision below to grant or deny a permit
under this Chapter may appeal the determination to the City Council if, within five (5) working days after
the decision, the party files a written notice of appeal with the City Clerk. In such event, a hearing shall
be held by the City Council no later than its next regularly scheduled meeting, assuming the appeal is
filed in time to allow notice of said appeal in accordance with Chapter 21 of the Iowa Code.
FOR CITY USE ONLY:
NOTICE OF DECISION GRANTING OR DENYING THE APPLICATION
The application is approved. 5 '
The application is denied because
;a�k"7 '01 /� 6 //
qgNmaeger.or Designee Date
Mgrlspecialusepermitslparade Info sheet.doc 3 7121/2009
Conditions of Public Assembly Permit
1. Time, date and place of permitted activity: From October 26, 2011 to February 29, 2012
in east and south quadrants of College Green Park with the exception of the gazebo and
the sidewalk between the two quadrants (the quadrants are depicted on the attached
diagram).
2. One portable toilet shall be placed on the sidewalk between the east and south
quadrants. No other object or obstruction shall be placed on or across the sidewalk.
3. Pedestrian traffic shall not be impeded except for the portable toilet.
4. From 10:30 pm to 6:00 am, permittee shall ensure persons do not interfere with the
tranquility of the residents and inhabitants in the adjacent neighborhood and not
unreasonably interfere with their tranquility from 6:00 am to 10:30 pm.
5. Tents designed for sleeping six or less persons are allowed and shall be staked at least
three feet from the sidewalk. Any tent not designed for sleeping six or less persons is
prohibited and is subject to removal without further notice. No tent is allowed in the west
or north quadrant.
6. No person is allowed to be in the west or north quadrant between the hours of 10:30 pm
to 6:00 am.
7. Solar panel is allowed. Use of artificial lighting shall cease between the hours of 10:30
pm and 6:00 am.
8. Cables, tents, ropes, and other items shall not be attached to any tree, bench, pole, the
gazebo, or other fixture in College Green Park. Any such item is subject to removal
without further notice.
9. Until further notification, tents shall be moved at least every four days to avoid damaging
the grass.
10. Signs shall not be attached to any tree, bench, pole, the gazebo, or other fixture in
College Green Park. Signs attached to any tree, bench, pole, the gazebo, or other
fixture are subject to removal without further notice.
11. Permittee is not granted an exclusive use of the gazebo. Tarps or other material shall
not be attached to the gazebo and are subject to removal without notice.
12. All trash shall be collected and placed in or adjacent to park trash receptacles.
13. No amplified sound.
14. No open fire or flame except those fueled by propane units and approved in writing by
the Director of Parks and Recreation.
15. New lights are being installed in College Green Park. The installation of the lights shall
not be impeded.
16. No structure of any kind shall be constructed, built, installed or placed in College Green
Park, and any such structure is subject to removal without further notice.
17. Additional conditions as may be reasonably imposed by the Director of Parks and
Recreation.
E.
WASHINGTON
ST.
S. DODGE ST.
North
Gazebo =.
East
West
South
Playground Equipment
S. JOHNSON ST.
COLLEGE GREEN PARK
E.
COLLEGE
ST.
Appee-1 iolz.gl"
October 28, 2011
To Whom It May Concern:
This is a formal appeal to the City of Iowa City City Council regarding the permit issued to Occupy
Iowa City on 26 October 2011. The permit issued to Occupy Iowa City differs significantly from the
proposed permit applied for, and submitted to the City of Iowa City, on 24 October 2011.
Sincerely,
&V7�- 6el-
Occupy Iowa City
515 3'q - `[ i3 LI
(7) �.f 1
r..7
This document is my appeal to have the granting of an Occupy Iowa City permit application be
determined by the City Council rather than the Designee Michael Moran.
I am aggrieved by Designee Michael Moran decision to grant the permit because the city is not
following its own ordinance requirements for the granting of the permit. Because permit
ordinance requirements are not being met Designee Michael Moran is setting up the tax payers
of Iowa City, which I am a member, to a greater risk of liability. Specifically page 4 item 14 of
permit ordinance 04 -4125 which states:
"14. The applicant is legally competent to contract and to sue and be sued."
The permit application is signed "Occupy Iowa City" which is obviously not a person or legal
entity competent to contract and to sue and be sued. Failure to satisfy this item means that the
permit application does not satisfy the ordinance requirements and should be denied.
The permit application in question is attached to this document and can also be found online
here:
http://www. ic ov.or site CMSv2 file arksAndRecreation A Ii cat! onConditionsOfPerm it, Of
The relevant permit ordinance 04 -4125 is also attached to this document and can be found
online here:
http://www.icgov.org/site/CMSv2/file/publicL)se/PUPLOrd4-3.pd f
Billy zelsnack
646 S Lucas St, Iowa City
o
billy.zelsnack @gmaii.com
c`:'•_
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f!
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co
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CITY OF IOWA OTY
APPLICATION FOR PARADEMUBLIC ASSEMBLY PERMIT
Ice morn tlNx 16 peepl tia POW MMV the has MM dtlWr 108 psooplaarosx�axc
x e Peale
or public assembly Will be In an M sidewalks rw(a skeeb wager Cloy Plers, return the
oarplelW application b CSy K%nmgala Office, 410 E. VAafYnglai titnsL Tat 368-6010.
N a Parade or public assembly solely WE be In a Pte. sshmm the co"VMW aPPICOOm to Peke 6
Recreation Dept., 220 S. GRxd Street, Tel' 3665110.
1. APPI (CANT S NAME: 06X,, -r -_ may' EYIAa. AODImae, 6__
IiTREET CR1' STATE ZIP
S. PHONE Nuelem NSA
• EV6y1TwNM n -Aype ' -- �
• TYPE OF EVENT: (cNdsre) Peal
• DATE OF EVEM:L1geY Z - etx(TInw -7 eR925) End Tkoa Mvpm
7. 0(FECTVD NUMM OF ATTENDEES:
A EVENT LMATION:
()fly Plea- ekdsosdMhMOMnp: Am Nee (Include•
l Ipytsnmta NssrdWeel(e)arAiwasge)em ews" armor
( )Pad haler 6.a.. -L4,
Naefrowk, Now: erMS. bales and else% Mrmalberalevwd«walatvM
asrMrOrp M Pud a Reaeminn Dept at M"I Ie
Call Peep[ s .,.. L r1� AY d' 4+ d .UxRY JJewa.G CAwt,
Wenre ended Hormel d poem m lea paaa al lit rda if uxw M
mrlol pwaan(al mss M gpsewn al M Pas+asd Waft" P prelb auamby.
L Let NO desert all aeeheaNal a sbaeonb "-*Mad b be aaa, "W"Oft Bawd rapxAeatloa
ace aMewhM aef s faceted
70. Blab the seesaw 1 141 dairy mats, "Mclas alter Iemrre dtrwpaYBOn b IM aced baadhW
11.rab M weew ad typo daisy amass, b be aaad dve
APPEAL PIOM
ArW party aggrIeved by to CRY "' " ' or y grant
ee s O WPW MW/ q W dwdeWrlim6en b Coual N, w6dn ide
ls ( walldp dal+Mw
dw dsdtoL ea pwly fee a wtebn raa, d appeal YM Im Cky CWt In sunh sett, a larirp apse
be held by the Clio Cole no We firs Ss lead regularly ealyd lad neednp, awumslp Sea apple! is
Owd In ems b slow cacaos of said appal in accordance eM ClWW 21 of ea low Cob.
FOR MY USE ONLY:
HOME OF DECMIM OMNfrO OR DEIIYM THE APPLICATIM
TMapPkwtmm b ggnwed. 91161, I* O +t y- c0i AGIne COh I I"FIdhS.
Th. applrtlon Is dew da bsaW a
y
wrwosra.e.,ry.,rswro., 3 MUM
M ear antra Useh nwopbolm be 'waled? Yr_ -X-1 ys, now ase7^
13. Pmpost b rhroallor lira ewaaL krokdbg dies rraree a ay Pwsaa not smpbyW by M Cp pules mdS
wsiM bee N�b is�saMmsW aka wi. n �,p MwIMr M wxa NMnswsl
14. PmpwYbrdsano .JeySs� .2~c s" a.% /Lc
10. M robe sneses- iweaoabx7 Yes -e-�.N�Te'� If M aoplMl � Oy ✓: '�
1R b tsceritgr aquea/ed7 Yes _ No Yea, lopsln
17. Decalseel 'Ibeeta1wmMadletrkab0�elvS eel'JisrL. >e
wt. appboea is ncl m kWM*w. M pusm .Wilm al appgason rbawbglss lilt ha a ale haft
•Aare b w2 m bsnrld M pap art b nxpreukp M Perna
� sly l m� / -
xAE1RaPICATGN AOREELWff
N enemas, Is mgak d, de eppgowK WM fa:
pay M b~ of M Cloy r suns welch ft Coy else be abpdsd b pay by reran of any sexy
abfwwl ,WW$OWkmwbyxwppeamaPEW.auatlby co. W a� and" a�ekrt�Y
bowl axI lit - pdMf a M Qry ay dOM tpabt M Cloy alxap out d Ve use d orb
popxy am M ixtlo dolt ofwy. (raRMverry d ewe i wile any)
Fw Womm" a bee Ewasb, ise appiewd grace so ew labwkrg:
'the UNweay rpiwe b be eapwwkb for a dear and daiapw that (badly meal eon M naplpem
mots a ardams a rt WAMIY, M wtppl eak a 9410 Io M wMa p- I I by Iowa Oodl
crsfax SSa Pewxd b Clapor eeb, M UrAw y alse be aepaNkb br pymsxl a M CJ4'a
bNeV b essoce dad c" is b aimed 15110, 000.00, br dens snbep ken M IAdaft" w son
mr ay chft including payrwt a M We *Oft Mmat� �-wA* f wo d in4 le M
- muss less I.ewe rgdgeme.
Prsrxd b Chpbr M. M IAAwob Spree b Pewee ■ debase lux a y as ie sees a so —
a ddere, Nary, eyed Ie prodded by on ed low Oxb d the All n" ft w u Is.
otarebs aped upon by M puree ace M OMos art AnWM Dewal.'
x kmawnss b e.pdad, M aPpexl par b prwldo M eerxmots dkewaa Io M Cly W M leuwortep
day Pe b M ewe (Fa aaauxd Ntumrmm m Y arwae, eras Reads wt Roe Auwnebs Ydan a cn
8lleat')
SipbkueaPppeexR Dale
YaepwaaywanaewMl�eaw 2 Tetaaa
l'mr"Y
C«�
Cor"ons a Public Assembly
1. Tine, dab and {Nate of permitted acOvity From' 26, 20N,11 February `r2012
In ear and south quadrants of ColagS Green P ekwth 8s, exception ol the gazebo and
r9 sldewak between the Iwo quadrants (the quadrants are depj "on tls attached
diagram). ._.
2. One portable to/et shall be placed on the ixlwak between the e6kiftind south
quadrants. No other object a obstruction shall be placed on or amass the 6idswalk
3. Pedesbin trd6o tad rat be Impeded except fa es portable bilet
4. From 10:30 pm b 6:00 am, p mines when en e" prisons do not Interfere ash the
aargmkty of to residents and Inhabitants In tla adjacent neghbodwod am rot
tam a ionaby inteRee with tatr tranquRBy fran 8:00 pun b 10:30 pm.
5. Terns designed for siespbp so a lars persons am akmed and still be sWced at Iser
8xse feet tram to sidewalk. Any bun not designed for sleeping six a less Parsora Is
pr. hbW and le subjsd b removal wldhpA fuithin nOOM No tam Is snowed in this wart
or north quadrant.
8. No Prsn le slowed b be In the wed or rant quadrant between tla hours of 10:30 Pm
b 0:00 am.
7. Soler panel is slowed. Use a aftUW fighting shall case between the fount ol 10:30
Pm and 8:00 sm.
8. Cables, tents, ropes, and other items stns rot be aeedad b cry tree, bKOL pole. the
gazebo, a of err fixhAS in College Green Perk. Any such non le subject to removal
without fUrEW notice.
g. UnM facer roOTicalbn. tents steal be rtoved at last every four days to avoid damaging
the grss,
10. Signs dab riot be attedad b any tree, bench, pole, the gazebo, a of er fxtre in
Colage Green Park. Spa attar ed to wry bee, bench, pole, as gazebo, a other
fbdum re subject b rarnovsl wit out furl er notice.
11. PermMea is not granted an exahaive use of the gazebo. Two a otar material stag
not be attached b the gazebo and are subled b removal wNUhotit notice.
12. All traeh WW be catlected and placed In or adjsoent b park bash roeepLds.
13. No ampfled sound.
14. No open eke a flame except Vow lualed by propene units ad approved in wrMng by
the Director d Pinks am Recreation
15. New lights we being Installed kh College Green Perk. The installation of ka 1" lag
pl be Impeded.
16. No structure ol any kind shall be constructed, bull, InWBed or placed in College Green
Pork and any such structure is subject to rrnoval wmout frther MUM
17. Additional co dMors as may be resraby imposed by ea Director d Parks and
Recreation.
MTG
Raprad by: $~ De1aL AaG City Allow", 410 E. Wa hinaon SL. tee Cay, U SU40 (319) 3665030
ORDNANCE NO. 04 -4125
ORDINANCE AML ING TITLE It OF THE CRY Come. ETIILED'USE OF PUBLIC WAYS
AND PROPERTY.' TO CREATE A UNWORN PERYRTNO PROCESS. TO ESTABLISH
REOUpESSINTB FOR THE FARRIERS MARKET, TO PROVIDE FOR THE
NONCOMMERCIAL PLACEMENT OF OBJECTS N CRY PLAZA ON A TEMPORARY BAM.
TO MODIFY THE PROVISION ON RESIDENTIAL PICKETING, TO CLARIFY THE CURRIER
PROVISIONS REOULATTNO MOBILE VENDORS AND AMBULATORY VENDORS, TO
CODIFY SPECIFIC ADMWWMTIW RULES AFFECTING SAID VENDORS. AND TO MAKE
ADDITIONAL NMSUBSTARTTVE CHANGES.
WHEREAS, baaaies there me mmpedrg uses of the public 60M of way ncludkhg Waste, City Plam
and Parke, it k necessary b Impose tree, (Mica, anal maws roeAmnma m those aft Beak b hold
pare . and palSc assambkw:
WHEREAS, npxetag the Pudic MGM of way assures that sand Movement of pedo*WW
WHEREAS. it is desk" diet M be Mnhnnly in tit Parmtlq Proaas end $Pwft rxNerte to
pads and limit tin dtdadsn of city anpleyeen ofagad with (Fanakp a denying pemat for uses of City
WHEREAS. except for pap a entities that are WM sod with da City. such ee know City Ricks.
the ties Of pubic property should be order by a Pam/ or by redarratim do" on IIr"d M;
WHE RWA6, mica ragents the WOM and paarmen of rmm eint -c l dh}w ad sb.,k a n
City Plaits should be erhscwk
WHEREAS, City oversight of ambulatory vendors end molts vendors Is prknady through
adnanNhabe rules which should be, 1 10 - ;
WHEREAS. Ma ease povirim on fi used reeldadW PkAelg PtONM aaacrmt Haw:
WHEREAS. this vit Of Privacy and an tows d waRbeiif sad Vaqupity dhidh this mldas of She
City WIEREAAS. the pap' dpfboutto rsMdaB pd�eB�p betas a about a tl. DAG. t -WW a gw
ooaupe tl a codVras d such drnatitg taws mnotlaid dtkwbwm Md daises ka Ma aagrs or
occupants erd disuses de sera of peace and Inquiry aroyad by indiwldlrls in lies dwellings;
WHEREAS. Ewa dxrany Is ro provision for die regulate -d M remain, Meali and a npiWaSan
Process sho bt be sealed that sets up a poaakw for Farman Market wshdore b rages for aaacs-
ues of a ae, to appal the diesel of sat hire, ad to provide for revepOM of seed metabretion under
WHEREAS, 113 n We bat kNWW Of M City n KW Ewe anwgmala.
NOW, THEREFORE, 13E R ORDAINED BY THE CM COUNC L OF THE CRY OF CITY, IOWA
TN. 10 Ways and Property,' CbapNr 1. aBMd 'Prides and Pubic
Assemblies.' Section 1. alBnd 9)eWMi and EmmpSaw.- SWMbbm A shined 'DWA -M' I-
hereby anerdsd by -dit dshSowaq new dd►BIw6:
AFFILIATED GROUP: A group of permits or an say moped to spore onerr,eaeeesn that
a) Is dMmW with and wine sposotad a ooap aamad by the City of lows City ndu ft but
not Waled ta organized youth sourer, boys basebeR and OHS' --all; and b) Rue ewewbd e
rtamaadun
of udwatrarg with the City for to use of public property.
APPLICANT: A person whip WON for is paade"W assembly pann(t as Provided n this
Chapter.
PAPADE43UMIC ASSEMBLY PERMIT: Written auMaWSOn by tla City for use of pudic:
pops I. ncludng t e pubic right plenty, as Provided in this Chapter.
PAW, Any oak or playground owned or mnkdbd by the CRY, including street, tress, and
roadways duamh.
PERSON: Any natural or corporate person ousnes - istiao or oW- buaines safety,
Including, IPA not BMNd b, a patasMii a sob papriMaslap, a pdkkal KWWMM, a Public Or
privata ePeroy d ay kid, s utility, a euoceeaor a asatpaa d way d da firepotg, a any oMa
age raey.
Ordnance No.
Pap 3
3. Appiceda s shall be rode m tams pored by tie Cly Manson or deaigrw.
S. Application Form:
The ppiiceam form shell mnan as Ioirvmg climmaon:
1. Name and address of We applicant.
2. An addoalodgaMnt to be signed by a natural parson that he m ahe has auffortty e ed on
behalf of the group that is reposing oa psi.
3. The yap dawn that s placed, namy Pleads, a Pudic we emdy.
4. Proposed Wooden or locations
5. ExpaMd sin of group.
6. Ore, time and avoided dureMn of the use.
7. Nano and mmad W rmation Of to pariah//) to be pedant at and who will serve s lie
canted persun(s) for the appicant a m Proposed parade or pudic assembly.
6. List and dsaipdm of mechanical or aeaaec equipment to be used, ahclWirg sound
9. Number mid "d any Motor whirls or other form Of traspaa6m W be used, including
bicycles.
10. Number and type of cry animals W be used.
11. Pop0ssl to madam even. including as names of any pawn not employed by as City
who will be reponaibe for swtag up, deeming up. or maintairmg order and wfather m
poke daWWnas will be reeded W asaM a ... lai mg MW
12. Propoeat for cleemep.
13. Except N the parade or public asanbly is held easiy on a public Sidewalk on City psis, a
in a park and does not regime ley equipment cables, oblecte, anucam, a skNar lame to
be paced on the sidweraa, city plaza. or Pak w agreement In which dr applicant mail
epee W:
pay on behalf of 0a City all has winch the City erak be oapsed W pay by Mason of a"
Ibbliitlr Imposed upon fir ay for damages of any kin mulsg hen use of public property
and the public right of way, whew sustained by any, Person or Paaon. "used by -mead
or o0arwba and ahss ddand at it own spans and on beha f of the City and dam egaine
the CRY snslog out of Me use of public troPary and the pudic right of way.
14. Except a Ihe patads or Public s is mdy is bald eminaty m a pudic sidewalk on city pace, m
in a park and mss not require any equipmeht, cedes, objects, structures, a soda dam to
be paced on to sidewalk city pleas, or park, inaxiene Is required in the reasonable snout
necessary to mWmize utak of hrm to persons and property based m the nacre and Size of
the everw, an deteared by Me CWs Risk Manager. The space conleat of the parade a
Public assembly sad not be a fader in deammg Via emaet of ewranos. Tie Insurance,
reopma an may be waived N apph"M danhonstrabs aebNy to dean i temece r to pay
0. cos of ir-
is, Any other irdoamtlonn that Me CRY Manager or designed reds necessary.
Tdie 10. endtlad 'Use of Public Ways and Property,, Chew 1, anMed Paails and Public
Asaibds.• Section 4, aided •lsasinde a Dental of Permit,• is hereby amended by deletg Section 4 in
he emery lie aWeRakg in as pace lie Wdewelg:
A Standards it lawanra of Perna: The City Manager or dealpae hall Were or day the
application for a permit m writing, which shall be mild by odney man or Personally delivered to
0e appkrn and stem; site reams #-*- widen seven (7) work" din of the Wked-
hang filed, are ro bw Irwin Me dry Poet to fa wad ssuang the application is drnsey Red.
The City Manger a designee Wad comes da pp"bben bad sal grad a permit t the
Wppw -g oodNWns ere rot
1. The uw will net unreasonady inefera warm privacy, as", security, convenience and
tranquility of the residents or amedams of the ass In light of 0. doe ad ll a of said
proposed -.
2 The Proposed Public fights Of way can aemMmedste site WOW or use. based both m group
size and on health and sasabon facilities, ~w awdabe a to be Provided by apP(kafn
3. The pWmW us r ach* is oaps" with the nmmd scavky of the proposed public
dpi d way et 0. requsted ame or data.
4. The application danmetrats lie appxcad has the mesa. plari and coadinadorh to hold
Me proposed went, considering the Inns of day. location, pubis: facilities avadahle, "Ric
Ordinance No.
Page 2
PUBLIC ASSEMBLY: Any meeting, demon rtradcn. Pickat Bic, rally or gathering d mote than
t wahty,five (25) persons m the Public right of way or atahunNed (100) persona in a park 46r a
common P n- as a result of pia, plenum, ase interferes with m normal flow r regulation of
pedssmn a vehicular "ft on to public tight of way r m a park or aaapiae any area n the
public right of wry or In a park.
PUBLIC SIDEWALK: The improved portion of pubic right of way dedicated to and/or IntaMed
primadiy for pedestrian use.
Title 10. entitled 1Jsa of Public Ways and Property' Chapter 1, entitled *Parades and Public
Assembaea.• Section 1, antitiad "Definitions and Exemptiaa,• Subsection A. entitled Ta6niaons,' is
tareby armwrW by repeaIshO nor aarwmme d PSwde• aria Public way" and taMteag n Year apes me
following new deRdtlaa:
PARADE: A march or pro essim of more than toady -five (25) Parsons, vehicles or caw forms
of e ape te0on, such as bkyrles, or mmhkuaon thereof, in or upon to pudic right of wry a m
a park "neasRel" or mutts in are exclusion, in whole or in part of use of the pudic right of
way or the park by otters.
PUBLIC RIGHT OF WAY: The am on a below a pudic midway, highway, stmt, bkyde we,
allay, and pudic skMwaac which is designed for vehicular. bicycle a pedastian travel and
dedicatee b public use, indudirg CRY Plaza as d~ in Tae 10,Chpw 5 Etas Code
Tdie 10, antaed Pee of Public Ways and Properly,' Chapter 1, andded "Parades and Pubic
Assemblies.- S.,5m 1. antMed 'Deadaals and Exapkmai Subsection A. evaded 'D.M*iO -' k
hereby amended by repeating the ddnitore, of 'demaasaaorl.' - PidraL' •poNOO.' and •ptdk
emneinmere in lies amem,
Tide 10, antlted "Use of Public Ways end Property; Chapter 1, entitled 'Parent and Pudic
Asenbies,• Swgcn 1. mWW '9elhMae and Exempd",4 Subsection S. enMed 'Exemptonti is
hereby amended by dalso ng Subsection B in Its araety and substituting in is pace fa 1.11 rg!
B. Exemptlms: The fokowkhg am exempt from the povbW * Of ihts Chapter
V Fun" processions.
2. A gathering of an dRiated group or subpart tiered.
3. Spontaneous events responding to news or slams caring into Public knowaadge w"m three
(3) days of such pudic assembly or parade provided to the organhar derad gives written
notice to is city manager or desigam at Is" one (1) hour prior to such parade or Pubic
assembly
Title 10, andasd Alas of Pubic Ways and Property.' ChWW 1, W~ 'Paadee and Public
Aseemdts' Section 2, atBad •Penal and Corrppana RequkW Is hereby shaded by d"rig
Section 2 in s anrey, and .b t*AV n se place Me following:
A it a" be ur"whi for any person or group Of Persians to engage n, powers, c rndxl or stage a
panels or pudic assembly without Find having obtained a paeddpWie assembly pemrt as
provided node Chapter.
B. No Person Mall krowkiyy participate In or cadecl a Parade r pudic searblY unless a
peredetpdWc assembly permit has been obtain.
C. AN Parades end pubic assemblies shell be conducted in accordance with the pro -sobs of the
parade/public assembly permit and atW be in compliance with all applicable So" and local Ian.
No person She Knowingly fail to mrrplY WBh da erne and mnNhires Of a paadapbb,
aseen'tty, Permit,
D. No person shed unreasonably her pr, obstruct. Impede, jrw'dera with and pereda or pudic
Msenay or who any pemah, vehicle or anahal pekdpa used in any parade or pubic
Tine 10,0, added Lee ( Pubic Ways and Chapter anetled 'Parades and Public
Assemblies' Secam 3. aAtled'Appli w he" anherheed by dakilIMItT 3 in is
wis ay and suuweaerg in s place as loft-AV 1
A 1. application for a pmeds(pudic clegr by yawali WW be'Rar1 `wind 0y _
designee by ay Person a group of Buie cry pu01D Wt., as
provided in this Chapter. K the applicant is not a rlyhed prrgagI the appiorLlgAH Ile rtiy e
nasal pawn win has aLe ft to sict.. hsaMlcard acarf1 to g�U pride or public
coamdy.
2. AN appiceNons shaft be bled at label 7ng days n advrp pbt e d Me
tapesecluse G a
Ordinance No.
Page 4
corntrd, parking requirements and ay moNndrg required to protect the pudic heard, and
5. The avant wil rod kderfna with SOW amber avant for which a permit has already been
granted or an event oganted and conducted by the City for tin sere dab and tine
a. The use will nor obeWOORY nemgt fire Now Of aset anNor Pedvels - Wilk.
7. The use wit not require Na excessive diver mat of poke Nan cow chose a sub an6iy
interfere with tin CNya Naaplag openaons.
a. The use dos not c eae undue health or safety tuartt
S. NI pptio" laws have been Paid.
10. The appkodm is fully crin~ and exeadad.
11. The Indemnification agreement has been sighed. N applicable.
12. A carONes of insurance showing mmpacs with ads action has been provided, If
13. Th. application contain ro maered fabdood or miarlilvalartuallori.
14. The applicant is legally complaint to caiad and to sue and be sad.
15. The applied has not damaged CRY Property, ad N ft 01,011c" has, the damage has been
paid In full, and 16. The us a activity mended by the applicant, is not prohibited by law.
IT The applicant pad alien up mss. N my, wine thirty (30) days d the data of invoke se the
-A of a previously Issued Permit.
16 AddiiaW police Protection, N required andar this chapter, has been seared.
B. Caawte and Cmdaons of Pemoit: The Pam shad cans - the fodovnnp information:
1. Name. add-, and M-Phors number Of PamWae.
2. Tiro, data and pea of 0. pamhiltad activity.
3. N a parade, the route and alleging area.
4. Number d noses or poking persmnd required for t de We d its pbic di of way.
5. Such abler informed. to 0e City Manila a dsignee hide necessary for Me
sarcoma/ of troe chew.
Ties 10. enMW 'Use of Public Ways and Property," Chapter 1, ani led Parade ; and Pudic
Assn bls; Section 5, - OW'Appeala Regarding Issueruoe a Omni of PemL' b hereby amendW by
deemg Satan 5 n Rs entity, and subelflu g- its plea site followig:
A Any party apgeved by the City Managers or dsgrwl decision to gam or darry a pmt aria
ties Chapter may appeal Ow determination to the CRY Council a, within 1M (5) w'asiang days aw
Me decision the pay fibs a wriaan nuke of appeal with the City Clerk. In such evaoL a hearing
shat be had by as City Cared m ter than iIs sit regularly aebWuled meaft. mourning the
appasi is Bad in arm W allow nice of said appeal n accadrw.e with Chiller 21 of the Iowa
Code.
B. Upm such hearing, to City Council may. Meld Won to standards enlumeraled here-,
reverse, a in or modify -any regard the City Mangers or de ignse's decision. Tea City
Cgwnd's decision is tin final dK*M
Title 10, mined 'Ilse of Public Ways and Property.' Chapter 1, enBtlW 'PeMdes and Public
Assemble,' Sect_ a. endtled 'Rehmcadon of Pans' 0 hereby anfande j by ddBag Section 6 in it
away, and ahbatlwg n es Pte 0a bkowkg:
Tee City Manager a Magrw, or 0e CRY Caxwi a issued foxcakg en appal. may revoke a
Peraidelpublic asamblY parnit It
A A b determined that as pammdee has mlaslaeed any material fad n the appkeeon,
B. Mere Is a sbprMti and national vrirrca between to i trnla0on in Me appikerhon and to
actual fact or these facts which appear reasonably to have o purred,
C. when it Is determined by sir Chief of Police a its Fie Chief that, by re ssm of disease, pubic
="- rid a aria emryanq. the public city requires such revocel n,
D. da pmbae'a asuraoe has bsn earcaNed� a
E. tie pamlm is operating in violaon of the ems and aundMas Of m Permit or local, stale, or
radical law.
A permit holder may appall the revocation in the sane manner as appealing the iss ane or dared Of
a Permit
TO. 10. -Wad vee of Public Wan and PmpwW,' Chapter 1, ahMed 'Parades and PWIk
Asssodts,' Is hereby armed by adding is haw Section 7, rbeed •Bete or Aaigasnt of Permit' as
follows:
Ordinance No.
Page 5
The tai, wwsdw, a assignment of. pour is prohibited
The 10, vow 'Ube of Public Ways and Property: Chapter 1. antitled 'Parades and Public
Assemblies: is hereby amended by adding a new Section 6. anhsed •Fees,' as knows:
Fer for permits Shan be net by resolution of City Caumc.
Tab 10. waded "Use of Public Way. and Property.' Chapter 1, dished 'Panda. rd Ptak
Asserrbsas: is hharaby emended by.dah9 s nap 3edon a. wNhad'Paloe Proecsm; r foloava:
A. The CMSf a Police r daalgnaa shag determine whathar and to what aateO addbo W police or
sacuiy PD$N*- is mmono* rosary for gap Pare& or pudic aeaambiy for traffic arha
and pudic eddy. T . Chief of Police or degree .hall base this decsibn mew acts. location,
duwton. the and deb of the event. to number of Shoals rd Mwaetawro bladed, and the
need to deter a Prewrpt tdtct.m bawl and era Of she public right or way. The speech content of
the event aril nO be a UcW In detenan ling the smwnt of police probgbn necessary If
pn,;da, wYMd disruption of on inay police aarvices or compromise Of Public eddy. regbady
schrW W m-ddy, personnel will Police this went H additional Doke or tsarOY protection for
the prods or ptNk r holy is deemed nedrsary by the Chid of Police or designee, the
appiorrt Mai be ao Informed. The applicant shag hew the duty to aecure the Pie a searay
protection charmed necessary by the Chia of Poke or dssgree at ter ode -Pare a the
lipplke nt
B. Persons eg .VV in parades r public aseembfies cord led for the primary papas of public
issue speech proeced under the Fast Amendment era not rsquned to pay for ry Police
picests on Provided M the CRY.
Title 10. •egad 'Use of Pubic Ways bed Properly," Chapelle 1, mntllkd 'Parades and Public
AarmbllW" a hereby arrd.d by.ddhg a haw Swhva 10. ermsgstl'1 analsaa.' as okws:
Any violation of this Chapter snag be considered a ample mKdemsanr or municipal Mractlon a
provided ter in Title 1. Chapter 4 or this Cade.
Tied 10. andged Visa of Pubk Ways and Property.- Chapter 2. entitled -Public Dempnatredrw.• Is
hereby amended by orrges; the the of Chaper 2 to Tkkoft.'
Tee 10, enW*d'Ua or Public Ways ad Property; Chapter 2, entitled 'Public DemrebafthI
S.cb- 1. arhtltled -DOM" : I. hereby -.dad by adding the fdowmng nee defiaons:
PICKETER: A person who •gages In pkketri wNh or without signs r placards.
PICKETING: The practice of drding, marchkg, nrgraeeWtp, protesting, dwmstraeg, or
patrollig by one r mom persona for the purpose of perwading, deo -whi aducishi
advrasn0. or informing another person or pan- or for the purpose of profesrg sans WOW,
after". poky, or belief. It does not include sbolw, random. of other everyday communication.
PRIVATE RESIDENCE: A si gi.4fi rMy. dA+lax, or nasehnneY dws0kg.
PUBLIC RIGHT OF WAY: TM ices on or baba a Palk lea nary, Nhh". are.L bicycle One,
aley, and public OkWm& which in dssgfu•d for vehicular, hicyde a PsdaeVien hard NO
dsdoabd b public ue, nchadng City Plane as delved in Title 10 Chapter 5.
PUBLIC SIDEWALK The improved portion O public right of way dedkaetl to Once herded
pnray, for p id eahen use.
RESIDENTIAL PICKETING: Picketing pet a directed, loclused, or targeted at a prtpmr pwau
nO dence and mat makes plats dkaAy in horn O to particular pdvi a reskle oa w the P -As
rsSWaosa m agar aide of to targeted Idwe residence.
RESIDENTAL ZONE: Ali Zones delved n TM 14. Chapter a, Node 0 of the Curia.
Tide 10, a "ties of Public Ways and Popery: Chapter 2, amsed'Public Denhrnwnms.'
Section 1, entitled •Ddkasrs.• is hereby .mended by deleting to daea hors r'dwnmsbv w, VickW
'pdeer.' and batik way n their eniksty.
T1M 10, aA7led •Use O Pubs- Ways and Property,- Chapter 2, anttl.d'Pudk Demonstrations.*
Shen 2, wM*d dUsd of Sheers and! Sidewalks M Pkksamg. Prblatrrhg and Demonstrating,' is hereby
amended by cmagkg to Rte of Section 2 to the Of Sidewalks for Pideft'
TO. 10, wdIM She of Public Way. ant! Property,' Chapter 2, srhtltlad 'Public Dammarma;
Bacbn 2 rhssd'Us s of Skeab and Sd-Oft for PkJtarg. PmNNng and DernrWMkg: k Mealy
amended by deaag Section 2 in rob amedy NO rmbdUrg in is Place the fdbwig:
A- No picketing -xap as aceriad by is PredellPaaic assembly permit ieeued under This 10.
Chapler 1 of the Code, shall be conduced on the portion of to sbeda used prhmafiy for
vMktmar or bicycle traffic.
Ordnance No.
Page T
Mobas Vending Carts." is handy amended by daetng Section 4 in M and", by wWrakg in ft pace
me ichowarg, and by ansgnp nee Section 4 r Tamprsry Ube of Sidewalk Pwnans':
The City Mahepar or designee a authO¢ed b ewe w more man bap TOmplmy Use Of
Sidewalk Palmate Per calendar year to hake or haueI organizations for why, commercial
purpose In nrmwrdeNY Zoned dadots esoWdMg Permits for sWawdk -'f an we ry
vendors, am nobia vending owns. Tempov ry Ua9 of Sidewalk Permits shah be tired to tae
l rrWaly ass of adauwlke and pudic dghkA say abusing said businesses NO shalt be gmaad
to m mow than three (3) days for my one puma.
A. Applkebot for permit.
1. Fekg en Application.
a. An appkegan fr is Temporary Ube of Sdairagc Permit shall be fled wale the CRY
Mwhapa or dsslgrra by ary parson or group of persons desiring to use the pudic right of
way a Provided in ow Caspar. K ter eppsord b not a natal person, the a plbgm
"I deny a costal person who hr authority b act large appkat wee regard to this
teraprry are of to shiewald.
b. Al applications Mali be recelvee five (5) days before proposed rte.
a. Applications anal be made on Toms prepared by the City Ma..W or drgrae s
2 Application Form.
Tha application term shell donten the fn-.V larmalon:
a. Mans, address. and tsepbene number ate applicant
b. An edwowledgenra to be signed by a n d" person ter he or aM has augorty over
the pamas.d use of the sfdeanik
G Nam wd address of applicants business.
d. Days and hors of repaedlad ban.
a. Description of use.
a. An sgewmm in which the applicant SW agree to
pay on behalf of tie City Of Owns which the City Mall be obligated to pay by reeeon of
ay habeity, Imposed upon am city /ur damages of any said resutrq from use Of pubic
property and tl. pudic rght of way, Wager sueWr ed by icy, psam r person, caused
by aools cot or othaydss and shall defend at r ban erpsnse and on behalf ago City
any cam against the City adsrg out of the base of pubic property ad the pudic right of
f, n�maancs as required I a reasonable amount necessary o -inns risk Of harm to
persons or property brad on the rate and abbe age bran, as determined by the
Ctyt Risk Manspw. Th. Insurarm leprelnant may be --bled If OnPhoem
dMMmbd% Inability a Odin khwswee a b Pay to cat a Insures.
g. Any otlr informal. got gap City Manager r dbsgnsa ads naasnay-
B. hauwbbe a Daniel of Pemmk.
1. Stadeds for issuance of Phm* Tic City Manager a designee Meg grant or dory the
application for Temporary Ike of Sidewalk Pend I willing, which shall be mailed by
rdury rr.I a prson.Ay delivered b the appk.K and ewe the peons memem wNhn
sewn (T) working days of the application being Ned. TM City Manager or dssghae Odell
.banana me "Oksrn and are issue sad Perms If tie 0- 11-01hp -M-NOM we mac
a. Tha appkads proposed use w10 not impede the free fioa of pedMrWa Milo erg the
p)bk right of way or I or but of adjacent properties.
b. AN aDDScabefees have been paid.
c The appikakn is fury oompeW and arpuoed.
d. The indemnification a(yeenWA has been agmd.
a. A catmiate a Inane - stowing g been with this slecdon had Men pnovlded.
I. TM application aotale m nuaMa falsehood or rNsrepreswdetlon.
g. Th.Operant a legally OUaert barred and b as and be sued.
h. Tha applicant ha not damrgad Coy property, and g the Opplirant Ms, got damage hr
been pad in not, and ha paid al otlr outstanding snd unpaid amts to tie City.
i. No Porn* ha akeedly been issued or the wens tone and piece.
J. Tha use dote not angd with previously ptemng poVame orgsramd ON and sled by
to City and pravaWy scheduled for the sent era and pea.
2. CmMts and Conditions of Permit The Permit alai contain the bkwkg Information:
s. Nona, telephone number, end ad&- of parties-
Ordalence No.
Pape 6
B. Wer(erence with Traffic. BUWa and Public FeaSke: Pointers shall not block or Obstruct
bed passage of ay pedestrian, vehicular traffic, or bicycle Veft or nterfare win "Where a
-press o any, busness or public facility'.
Title 10, rdtled 'uee of Pubk Ways and Property; Chapter 2..mted 'Public Den onmme,'
Section 3 aratldd -pm g ead Ace and CcadWone.• is hereby amended by dWo" Secdon 3 nib entirely.
by whbeNmdng n ins pen lib oklaag, and by ashen, er rtes Bodkin 3 wit 'Rea derrfal Pksrkg':
A. it 00 be uaawhm for any peraan to engage in reeMwMii plrAarg.
B. Noteng herein shah prohibit, 1) The residential pidtNYg of a realdeee whop is used a to
omyalft sae place O bull isse; 2) The residential Pickedng of a private residercd used as e
p isoe s ra W-; or ) q person a group of Persons marching m a d~ mss alaau
sloppi g er arty prtidaar private rader-
C. Sa ire a person may be used for violation of tie provision, tlr Par 0h must have been rdred b
rtaw, dispem or otherwise remedy to violation by elther a police ONcr r 4 pram will
suits* to control the use of the private residence which is the tope a target a fee mideri iel
TWO % entitled 'Use of Public Ways and Property: Chaplet 2, entited 'Pubic Dernhoeetraaone
Section 4 enured "Advanced Notice Of Pmpaeed Pokemg, PMUS*V or Demonsaang.' lie hereby
mended by deleting Section 4 Will substituting in as Pace ae fdloseW
A. Pasco Moen, are audcturad b daperda persons were sera pkccewhp whwwvar with PrduSrg Is
in vkaatlon dada Crispier and poses a gaga to public healm, safety or omey loss of 1gNc.
B. It Shah be unlawful for any Person to refuse to dspree or move on when w dksOed by a poke
btbw as Iran prickled.
Title 10, ~ 'US. of Public Way. and Properly; Chapter 2, .Nftd 'P.Wic Dwnwrtratlre.'
Section 5 endded'Oey o Dispense as Directed by Polka; Is hereby amended by daletlrg Section 5 in its
Tice 10. straight! "Use of Puhk Ways and Property," Chapter 2. whiled 'Public Demonstrations,'
Boom 6 ranted %MWucgm of pubic Wars.- Is hereby amended by Wfew 9 Saide t 6 in r entirely.
This 10. seated 'Use of Public Ways and Property." Chapter 3. whaetl 'Commercial Use of
Sbawslks: Secion 1. aatNed'Dafinitbns.' b heaby wwoW by admg lie okays, raw debwons:
APPIJCNIT: A person who applied hn a pennon se provided In this C2hapter.
MOBILE VENDING LOCATION: An appropriate Ones so opwab a mobile vending own as
determined and assigned by the City Manager. or dssgnes, In WOW w" the boundaries of
city pan and the 100, 200. and 300 blocks of boa Avenue for Ow operation of noble van fin g
cote. Each mobile vrhdng permit skill cry arm it the aus r®5on to operate at one or had (2)
designated MOBILE VEER PERMIT: Written au6drFrstirh by ge City for use of pudic property, Including
pudic e d of way. by a mobile vendor as provided In sea Chapter.
PERSON: Any -b W or orporate person. hurneas wadnkn or other b dneas entry
nakaasg. but not limited b, a partnership. a spa Pndpriaon.td0. a pol1Yca wbdvisbn, a Pudic or
prfMa agency of any kind, a ugly, a aaaccem or assigned of any of the Om rig, or any Omer
TTEMPORARY USE OF SIDEWALK PERMIT: WiMen wAhwtt0- by the Coy or uda Id aewvak
se provided in this Cheper.
Tae 10, wWJed 11r of Public Ways and Property." Chaplet 3, ahtled "CrmsrOd Use Of
Sidawalks: Seca -1, a ided'DMkdtlone,,' b hereby anreded by daakg to definition of -public 69M of
way and subaAa6g in a pan the blowing raw ds6hNm:
PUBLIC RIGHT OF WAY: The tea on or baba a pudic roadway, highway, street, bicycle ire,
alley. and public sidewalk ~ b designed for vehicular, bicycle or padasnerh trawl and
dedicated to public ass. inducing City Pea r dsaned n Tile, 10. Chapter 5 a the Cade.
Title 10, en0ded 'Ube of Pub ac Ways bed PI- Pefty; Cheplhr 3. - 11 'Co mrctal flee of
Side 10,* Ssdon 2. ahrd 'Use of Puck Skewaam Rrtrk9sd' Is hereby serrded by ddakg
Seckn 2 in r away ad subsWerg n he pace gap 1a0owsw
Use of public sidaawib for any bbw wash purpose, nddi g sidewalk ca s. she be unlawful
dxogA as specifically provided hrdn r a spetlM1wly authorized by ohs chapels.
The 10. WNW 1Ja of Public Ways and Popely: Caapr 3. entitled 'commercial Ube of
Sad.wagre,' Section 4. entitled 'Number of Pemds; Use Lin lefts; Excluding Side -walk Cans and
C"rJ
t�
t _s Cry
Ordinraa No. 'k
Page a.;;+
i
b. Tone. dab eel papa Of lie D for actldi °. goods
c. The parmNa shall only ate far sae r Qurdt)ced• Onh0 padens ted shad not offer for
ad* any tobacco producl,
Such d. Su Other information get the City Mdnaller r dagns►hCs necessary, for the
errrb.mad ."Gaper.
C. Appeals. Any pry aggrieved the City Mrrgefe or dssignes% decision to Vert or dery a permit
under this Chapter may appeal the daMnirtlon to the City Camp m, era lln Ile (5) wr%kg
days der the decision, the Pry gas a wden rWke of Opp" with 00 City Clark In such event,
is heading Mel be had by the Cif Coral rd teen than r era rsquferiY scheduled -0-ft,
assuming the appeal is Ned n lime to allow notice a said appeal n accordance with Chapter 21
O the tern C ode. Upon such hearing. to City Coura may, based upon tiro standards
wxatrred tangs, reverse. afikm or molly in any regard tee City Mannpan or daeigree's
deowon. The City Councrs derision a lie and decision.
D. The sae. transaer. or ssagrnant -10 temporary use of 41dawaa Pwnit is tuprway, Prolhdled.
E. Revocation of Permit The City Merger r dally , re the City Cra bill t issued fdkwin g an
appeal, may revoke a Irmo t.
1. It b determined by the thaw of Poke or to Fire Cher OWL by lamb Of disaster. Puck
calamity, riot or other emergency, the puck: safety requires such revocalm Is necessary b
proterJ heath. saety, and wetwe
2. The parnrda has misselW any medal ect In tee appm atlm
3. There Is a s bared and material varience bekwan got Mwnwbm in the applaam and
the areal ich or those face whim appear reasonably to have oodul ed.
w Tae panaea is Opes" n violation bfthtamewdmrdensa the pemns
5 The pwmbe Is In violation of the ems of the pan" or foal. sea, or federal law.
S. Tha pemwee'a insurance had been carmill
A PMYW holder may appal the feVOratdOnh in the same manner as appssai g the energ or
d.oyi g O a permit.
F. Few. Fees t per ib Shah be sal by ma AM Of City Croce.
This 10, ahtltled 'lW of Pablk Ways and Property,' Chapter 3, anssad 'Crmrrciel Use Of
Sklewasor; Salim 5, anted 91a by Mobhh Vadm,- is hereby amended by d*"V Secon 5 In lie
a&* and solrtlbalrg In r pace the kaowihp:
A. Application for Permit
1. Fi rV en Appkation.
a. An appicW. tar a noble vsddr pw" snag b fled with tae Ciy Manager r d.agrre
by any person or group of Persons dears, to cee to pare rat of way r provided in
this C spear. m ter •PPhartf Is not a nenra perdu, to applicant Ora Identify a natural
pram who ties aWerty, to act for to agpkad Wth regard to to nobhn va di g
b. AN sppkaknn for mobile vendor panhib must be received by Jwrry 31 of the calendar
year for which the partial will be tined.
c App d- Mao be made on bur pn.pa W ay the Cay Merger r designee.
2. General Proviabe
a. No more am we (5) pernwe she be bwrd tram calandaf year for me Coy Rea wo
m ore am tab (2) permit. shelf be eyed each cslenaer year or to 100, 200, and
300 doer of own Avenue.
b. No bbeoco or acoholic beverages Mal be offai far sae.
c At a makerrm, rnaWe vendors stall operas dung be following Mae. from May 1 to
October 1: (1) 11:00 a.m. b 200 P.m on Monday grougfh SanNay: (2) 5:00 Pm a 8:00
p.m. on Thursday through Sabutlay: and (3) three (3) addgona hours each day on
Monday txagh Wadne.day se rutted by the pmmkee.
3. Appscntion Fan
The apFBI form art conan tie fOloakg kdrmslbn:
a. Nara. adpsss. bed lwephhbnua number a the appkart.
b. An aduwModgwnsnt to be signed by a natal Parson 00 he or see ha dumbrtY over
the p.nnw.d use lime adawan.
c. List of paw parmb issued.
d. Description of food wWw beverage product to be rte.
a. Ragtred location or loodions of operation.
Ordinance No.
Papa 9
t. Electrical appliances to be used
g. Fuel needed to Power e0uiMWL
h. Hours or operation.
Months of operation.
1. Loc doru of owhglt clot slwepe.
k. Description of cart Including its dimenabns.
1. The tine 13) additional hours No pwrntes has selected to operant on Mondays through
WsAaedays.
m. A. agreement n which tho applicant cat apse b:
pry on behalf of the City all sure which to City shall be obligeled b pay by mason of
any tabW srswead upon tie any for damages Of any kind MUOV horn gas Of Public
Property and the pudic *9 of way. whether sustained by any person or person, awed
airy itocasom dsim against arising out��aup of pubic propeM one Public right of
way
n. Ackno ledgrred fret the applicant has contacted fie Johnson County Health
Department and has reWSwad bealth coda re0htrenherdt.
0. Insurance is nturred In a resson isle amount necessary to minidie Fisk Of harm to
pawns and properly based on the Intended use. as determined by to City's Rik
Manager.
p. Any other krMrmatloo into he City Manager or desigoes *40 reaesanY.
S. Issuance or David of Permit
SMreanM. The City Manager or deagbs ones grant or day tie application for a mobM vendor
pehst In writing within a reasonable are, which weal be mallsd by ordinary mall or personally
dMvaed in to spplkam• and aide the reason teIlbte m baler than shdy (60) c4lwdar days Ma
the application beat Mad. The WVM of time which Is reasonable Mail be detwmhed by the type of
use requested. the ghfornrati0n supplied, ne ems to application M tied, and the modem of advance
Preparation and parr* demonstrated and responsibly required. The CRY Monger or tlslgNe spas
issue a pan" t to following o aMime haw been mot:
1. A mob" vending location Is owteale which will not kdwMe Ore free manim m .1911 the
.morgencyaervk:! tans.
2. The applicants proposed mods of operation will Trot 'peals Not free tow of pedestrian
tremc along to pudic right of way or in or M of adjacent pt0paes.
3. The epplcam ageas to operas the VPk-Tlrs West as Ody at assigned --Me vendkg
10'"a"
4. The di narbns of to applicants vwdng can shat not a used a size of four raw (e) wide
by sons fed (9) lost; by eight two (6') high.
S. The applcant has adol ueM storage for the m obte vadng an of pre dry Plana or public
two of way.
6. The applicant het obtained so noawry permits required by the county department Or
he%7. lic.ble hies haw been odd
S. The application Is fully completed and secasd.
9. The indemnification agreement has bean signed.
10. A aftate of insurance, shoWtg compliance with tits seckn has ban Provided.
11. The application OcmMns re malarial falsehood or marapreasmation
12. The oppbant has not damaged City Properly, and t tea appYcart has, Are damage has
been pale in fat, and me applicat has paid as other ouatadig and unpoed debts to the
T
13. The applicant has compiled with sick de ices arnconWg to sale or csemng for sale of
any goods or servicea.
14. The we a SWAtY Intended by the applicant M net Prohibited by Mw.
15. No other mob" vendor pmhW half been bred for abdaWdy the same trod or beverage
Contains and Cottons of Permit The pshW dull contain the following Information:
1. Panetta'. narrow. laMplhone number, and adeen.
2. Time, date and pace of to permitted activity.
3. The wmWeds mob" VWWPV location.
Ordnwva No.
Papa 11
In Ure rghFOl -way or on pubic land, no parson Mat poet, stick, damp, paint or otherwise dhh. or
twee, the tame to be dons by ary Pasco, any connemie handball or nonammerdd handbill
calculated to awed the etlen0on of the public, upon any rigl pl w y M WY IMP POK electric
light. telephone pale, blleoh bean of a Mosk, noway dhctune, Mdrant bait or tree -bO:, to upon
the os umn , stases, girders, ratings gave or uiba public pad of any public brew w vieduc. or
oter PAYS sburct rs or building. or upon any polo. taw or fable of the ka dam except a may
be atmwleed or squad bylaw.
TMs 10, Voted Rtes of Public Ways and Pvapady," ChWo r 4, avoided Pealing Bills; Sea- 3,
entitled 89111boam MWMranoe Regdvenarws• and Section 4. adtled Pwtdtled, fie hsrabl' amended
by harYmbakg Section 3 as Section 4 and rertimbetg Section 4 s BOOM 5 respedivdy.
Two 10, entitled Rlea of Public Ways and Propoi Chapter 5. entitled 'City Piece." Section 1.
muted Purpose and lmgnt• is hereby amended by adding now ^,vbsaa'ar E and F as blare:
E. SupportOg armOnsc activity by adovtg wntlas M wit oak plods in CRY Pala.
F. Enaabg toe movmam d padagda a in City Plaza.
Tide 10, anted Rlae of Pudic Ways and Property: Chapter 5, o Wded "City Pout. Section 2,
emMed' )e&AiW ,' la hereby mended by adding tat following now definitions:
AMBULATORY VENDOR PERMIT: Written auOwbnO n by to City for uss of putt property,
bdudnR pudic right Of wy, by an ambulatory vendor as provided In this Chapter.
APPLICANT: A person who applies for a pa nit fie provided in this Chapter.
MOBILE VENDOR PERMIT: Wrstsn ou hodrVdm by f City for use of public property. nciWng
pubic right day. by a mows vado se provided in Chapter 1
NEWSPAPER Any newspaper of genes dro ldbn ea defined by PrWW law, tat newspaper
duly lowered with tie U.S. Pace Servo, in acco dine With fed" abade or rplatlan, and
ay nowspaper Ned and recorded with ary vao adng officer ea Provided by genera low. And, in
addition tereb, shad neap and incOde shy Dsvdodc* or parent magaam negcary pdWded
with not loss than bur aae6 par Year, and add to me Puck.
PERSON: Any room* or Corpora parson. business association or other business an*
bzkodi g, nA not mstsd W. a partnership, a sole proprietorship, a political subdivision, a Peak or
private agency of say kind. a polity, a suuaaaor or inslig es day Of IM ft"Wi g, or wry COW
legal PUBLIC PoOM OF WAY: The area on or below a pudic MedwaY, highway, areot cwho",
b N afor vehicular, bicycle or Palestine,
a dd a1 wdk w, including CkY PI anal public sidewalk ~ is designed
ZONE 1: The tamdod IVY) strip dmictY abutlkg to private Property tnew In City Plana. Zone 1
extada tie length d ne City Plain dog M aides at. Pl- Zone 1 a Rwbalad on to Ciy
Ptaa Map that is kept on fie In to die of the City Clark which cab be amaded. ken one in
due, by mBok" Of the City Coed.
ZONE 2: The sb.W (6') pedeWlan law in the City Pate adW" Z" 1 on each tile, the
landscaped area, to area with stoat frrelbe said Mtiaw and Ono saw as pedhed m tat
City Plana Map. Zee 2 is Illustrated on the CRY Plaza Mop that is kept m Me in IM asks of tie
City Clan, which own be Mach. ham time b time. by ras0luton d this CRY COundl.
ZONE 3: The atupsmylsorvia lane in City PMZa. Zone 3 is Illustrated on ow City PMra Map
bad is kept on Me in ore 09ice of the City CImL wick an be a erdVd, from time to sore, by
rnddbn of tha city Concd.
no. 10, anted Lea of Polk Ways snot Prop", Chapter S. anted 'CRY Plate," Section 2,
enured "DM1Wbhna : M hereby amended by deleting er deksdore d'wmalalory wrKW and Kiosk' ad
by subatAio; in t cols plow tie following new dstritlOw:
AMBULATORY VENDOR: A p~ sMkg goods or services, Including fib and cat, while
moving through Zones 1.2 and 3 and operating without pre use of a m0bls venting can and with
s minknum of aguiprtem such as a person sdkg bakace and a portrait artiet.
KIOSK: A sell. pulth roved structure that is stationary and that mhtans swppor wndi g
Tina De ented •Lae a public Ways and Prg the Charier 5, mobtled "City Pons," nddron e 2.
antad'DMn19ae,' M MmM amended by eelekg the dafim19ora of "nroble "adxg err and "assist
vendor' in fair and".
TWO 10, anted R/w of Public Ways and Property," Chapter 5. entitled *Cary PWm," Section 3,
emMed Mes"". of Met Zwaa,• is hereby acanded by deWMg Sad- 3 in m entirely.
Ordinance No.
Pape 10
4. Such other inor"Wi on that are CRY Mamnper or degree finds necessary for to
enforcement of this Chapter.
C. Appeals
Any party aggrieved by lie City Managers or designee's decision to gram or day • nroo is
wrhdi g pm* may appeal the daleaMrNaon b M CRY Council if wain five (5) aw" days
alter me decision. the party Mrs a written notice of sppeN win tat City park. In such event. a
hati leas be hold by the Coy Cound re Mow than is ncd regularly ad-&A d nnaskng,
asaup" "appeal is Mad in i ne b SNOW rrolce of said appeal in amoMence with Captor 21
d to Iowa Code. Upon such heading, to City Council nay, based upon to standards
enaneralad news, reverse. afibm or modify n and retard the City M~. or derigtee's
decision. The City Carnclra dociobn is the fad declown.
O- The see. transfer. or assignment of a mob" vending pvroll is ehpreadl' prohibited.
E. Revocation d Permit The City Manager or dwignes, a qty Council if named kit-" m
eppa*, may revoke a nalble wndirg permit It
1. It is dlfa.W,.d by the Chid of Police or the Fire Cho tat by reason of disaster, Pubic
odemty, not or oiler emergency, the pudic safety requires such revocation.
2. The an p We has rNWMtl i wy .,w* fad in tat application.
3. Trans a a substantial and malarial waMrcs between the trd0maidon In to appicatn and
fie aches facts or scae fats which WPM nonaady b haw -rod,
4. The Whites b apeMng a nrobYe vardig eat In vksaticn orM ban Of the PWMIL
S. The pert~s s,surano. half been canceled
6. The Pa.. viddes any adm4idrstlw mats.
A pwmtMe may appeal tie my bon In the some maser as aPPeakg to atharna fir dwnd
F. Fees. Fees for mobile vending permits shot be set by resolution Of City Coa.A
O. A9rinWlWm Rules. The City Manager is ahtnarlmtl to estebibh atlrmn tbatiw tuba not
Moonabnt with any ordinance to carry do the Provision, of this Chapter. A copy Of said ndec
wad be on Me was Via CRY Clem
TWO 10, tripled 'ties of Puck: Ways end Property,' Chapter 4. anted 'Pos9rg BOW is hereby
sma ded by arpsg to We of chapter 4 bon'poekg Bps" b "PoeRng Hadbtts.'
TWO 10, aroad •flee of Public Ways and Propoi Chapter 4. erltee Paetlrg Bleb: Section 1,
anttletl'DdWlwhs: is hereby mantled by Bidding na folowtg haw dMrYton:
COMMERCIAL HANDBILL MY printed or whim matter. any sample W dolco, ciccdar, IWW.
pamphlet, paper, booget or any other pitted or otherwise reproduced WWW or Copies Of wry
manor or Martin: (1) which advertises for sate any nardnwdae. product CormnodRy. or ting
(2) ~ dbac{ atlerWon b any business w --COW- or --Wood eWdbhsmwn. er dear
activity. for tlw purpose of sow directly or ndtredy proninonp tna kOe,"% therad by sales; (3)
which dMds attention b or adverts any moo", testri pakamenoe. exhibition, or event
of wry kind, or (4) which. while conednng reading mow other than advertising matter, la
PedMrcantly and essentially an advertisement and ts distributed d circulated for advwfing
purposes, or for the private baron and gain of arty person so engaged as advalaer or Zftt MERgAL HANDBILL: Any penned or lwNbn mater tlulbnols rewapapar.
PERSON: Any natural or corporate person, dakass aswudal s, or other business aety
including. but not limited b, a partrerahip, a able proprMbrdtlp, a paltlal aubdNbton, a Pudic or
prrvele agency of any told, a utility, a sueasaor or assgree of any of to foregdmg, or wry other
This 1"M 0. entitled 'Use of Pudic Ways and Property.- Chapter 4. erbted Posting Bits,• Section 1,
enMled Makitionti is hereby mended by dWWV the defolich of •bttpo"s and distributors" M to
Tom 10, emitted 'Urea of Pudic Ways and Property' Chapter 4. entitled Posisg Bea; Section 2,
WWded'Mmror of D+etreNno General Unlawful ObaLuararhs of Polk Ways,• 0 hardy amended by
ddawg Salim 2 In t a Rintly and aubshbAM in Is pace tie 101110a+hg:
Distributor, of comsnenial handbills and narl0orranmomld hen&& *W be made in such a
manner so a not b cede a pudic nuisance.
Title 10, amuse 'Use of Pudic Ways and Property." Chapter 4, enured Posting BOO.' a hereby
amended by addi g es real Section 3, WMW "PaMg d Hanndbs Prohibited," s 1oW-:
C=
Onji -No.
Page 12
This 10. wWtled Klee of Pudic Weirs area PiibpMl}r*aper 5y„ena0ad "APlateAS -od n 4,
a� 13.yda and Nnnnebr0.ed Vehicle N* baby iit by 4 n lea
wWrey ad by stibi l utig to follow, -new 001101st ,cord it
A- Bicycles. No person shat ride a bicycle witlinam`tltRPMre:,'ng g Mask grOnalta dad
wain ply place ardor b W.d n a d0sds +act ro Words dnp�, bdad or attixsd b -Y pod
or do.% -titer tau a bicycle hack
B. Non- lortrsd Valdes. No person shall edsal spas a opapMlq, a ndan0brtsed "bids within
ON city PMc 1, except for a parsons w19n disabilities hndrhg e _ - �irJs designed for 0ea by person
with disabilities.
Title 10. entitled Rue Of Pudic Ways, and Prep-AY.' Chapter 5, anon ed 'CRY PMra,' Section 5,
entitled 'Mob Vehicle Regulations," b hereby amended by ddeibg Section 5 In Its -0" anti by
aubMewng to btowi g new, section in its pea and rersmbernp it Seam 4:
No parson afed operate a motor vehicle, sacept emergency whilw ours, the tails d dry Plata
without eutertritm Waved by tie ay meragar Or I inns:
A- Any bumese located m prop" which does not of an des abut a pubic right of way dear than
city Plana hey be goosed contnqus ma0r vehicle ednobstnn upon a showing tot such b
necessary to provide for to delivery Of goode b or than the Dueness. Such outnorptatlm bhM
blow the vehicle within tlu ply daze only dung active loading and unloading.
B. Any parson may be gn insed arch aWhndralbn upon a sloaag that to liapenem or apabi0n d
a hobr var . upon dry dare for a specified, Wriltsd period of who b noway for delivery or
other logiWNa purpose.
Tub I% WOW Rise of Public Ways and Properi Chapter 5, anted 'City Plata.' Becton 6,
anaMd "Removal of Shaw and log AOcaniatlora from &**V Rust: is hereby amended by donating
Section 6 in to wft* std by w b$W*V the following now sahnn in t dace and ras.rtloag t Section
5:
Remove of acwrvaiaMbre of wee "or ice In Zoe 1 of ply glare resdkg ton, building nm0fi
tiM be tat reoWOMWJ of to adjoining property owner.
Tit 10, WOW 'Use Of Public Ways and Pmpa , Crapes 5. anted 'City Plata: Becton 7.
.nosed "Anarab Rasbfrbd: la haeby smadad by dW.kg Sector 7 In s aarey and by .111" to
ht0ang new section n 4s dace and --be" t Satin 6:
No Parretti shat take, accompany or allow any somal Into city pimp toad as permitted In Title
6, Chapter 4. Section 12 or the Code. TN. Provision mat not appy b en mind tiered a aNb
persons with dlsobitlee or an animal mat Is securely conked within an ehmat tender, km*,
caw, or sea and doss not create a puck nuawae. Yu�
Tide 10. on fitted "Use d Public Ways and Property.' Chapter ft enfitled "^Y Pare," Sectors 6,
mated Rise of qty PWM' la hen.ey amended by dataamg Sector, a In to -**y and by bWk" t
following new seam nil dace end anrrbarng it Boowr17:
A No mm wcW use d dy pkM b adawod except w aaledmd n nn Chapet.
B. privAb Lbw Aut breed In Each Zone
t. Zone 1:
a. AtMWtory Vendor Permits, Area and Crab Veda Permits, SWootilk Cell Pease,
ParadPdon Assembly Permits.
b. BhtMhg axMnebns where. in me onto judgment of to try tract. such od vdw e
ensmna the arty of ndY place.
a Lahwadng with the permission of to City Manager or desigrae.
d. Display Wicdow asMnetaa with the Permission of tla City Wnepar d dasignee
s. Bolding front arator bassmem a hooksts, provided to use d to ado. a the sae
w ire bore activity with gar permission d ft City Manage or dedgrati,
2. Zone 2:
a. Permits inured wrier Mier tlw of ft it Cheptw 1.
b Newspaper a r with the PtrOSesiOO d Yhs City Manapler a deeiphee.
c. Traclu-
d. Temporary plaarhhem of rlchoonrnerdal obpcb and arparea of aurhrolized heron.
3. Zane 3:
a. Ambulatory Veda Permits.
C. MOdd calm Of Plaza Landscaping: fly Plra aMaapirg may be modified or removed b .
limited watt if to net sec sterCw tar amDiena of ge City Plaza and N approved by the
City Manager or dsdpes. In such mess, bat person mud agree to waters to City Pate
Ordnance No.
Papa 13
landscaping b ke anginal condition and provide a bond or aacmW mature in an wrnotnt
tleoermi sed by the City Manager a designee
D. Days and Naas of Operation: Bul Inge alderded onto Bo CRY Plaza are to be open at lest
during -rad need buteresse; vadaro she# opwa -dstw Woe t� ��mMmt� claimer. tlaouptout tier Yasr. Mo51a
E. The City Mmnag r or d -ignes may:
1. Repoli a raewablo amend of aaaaraw owwaga for any use In she City Rare not
imsnaWerd with OIt_ W ASWM I tike rde to alnimte ee risk of lam to pareorte and
property when IN actvily or even being sponsored on City Rea sews a Wear than
tarsal risk of City or prbliC Readily ehppwa did to she nature of the acavny a avant or due to
lie spaded welter of participant, or W.UW s as dwmiad by the Cho Risk Meager:
2. ill" the kaaance MgWOM" for evwM Of activite s sponsored by Uw opstnd- of the
Stns, tlo UNvaaay of lows W of or gwale- add subdvsbn+, provided such NO- ens
into an a suf sHCby to On CMy Attonry o probed wd told herng -s the City, its
ol8eas, agents ono ahpblaee from and agW W Y clothe, brasWa, drnagaa, losses and
ex ensea In any nlmwon resuMYg fmm of seeing out Of the activity a Owd covered by the
penal or to scup Cult haepaaRfYy for sop amvRy or ears and to debnd the CRY, ft
of5are, agent, and employees wen regard aoreto.
F. Newspaper Vending UNst M Kinks:
1. NowepaPera may ouzo tlo naaapopor vwm*W ado in to h wls&
2. L" to IRtg of- application by a newspaper with the CITY Mreter or d-gnea and wan
payment or an waxW adn*vdm w be, pay" ApR 1 of each year and w by City Came
reeosaon, On City Meg make awftae one unit M a ldptk Each newpper noy ule- only
ono wr Leib - Bre a~ of lsPpe Wa den not excited the "ebb Weak West.
3. If the numbs, of agiaeon, -caeca the namiWe Week was. the CRY vr0 handle the
Mperatiora on a Ioaary, baoo, to be corarched by the City Manager or d-grae prior in Ape
1 of each year. Albr amplaaon of this IdMy. r headed, to pry Mager a ds$Wre Mal
provide wdron notice of Ba WMrY resit o the MWOMV nawppw& TM eelectetl
newspolas shill pay tit aawW an*iMrwlvo fee to t a City Manger or daaigea.
4. The rhawapepsr ~ pot's tlo edcnhtabe tea and Is assigned a alsca may not ems a
bg0 or sign to its assigned u k
5. Nothing in this aE-ctin Mee be construed to red m koafsa even AKMM meifode of
dialdwlon avalebk to rawspspena Bmoughou the city. ea pwnaferf by bdwW law.
0. Raoxnsnt d Naoannama and Commercial Objects and SMacW -.
1. No portion anent dace any Ine-ladat noncormnadW abject or structure n City Rau
WWod auMntralbn blued by tlw City Mager or desgrra.
2. To oath adolrebM the pwsn art -dorm tie CRY Mwhage - deaiPws d tit
proposed duration of the plo ernei the propaad location of the object or structure. anti the
physkeal dnaWOna of that object or sbuenae.
3. Upon ,-Wpt of on kaamelon. tlw City Ms,agw or d-V - ehrea poLhptly auaiatre the
dept, in Zia 2 orgy for a mednam of ally (30) d"S in any o w"we POW. ale- the
CRY Mayer a designee rids that add object or strucum of krpede it* flow d Paaeabisn
Dank at the proposed location. 9 aw City Nagar or dsetWOe ads that said oblad of
sbucun WIN impede the tow of pad-dn bWk at Ba proposed location. Man the City
Meager or designee ease ashy the autwtz n In Wrag.
4. Any pay agprbved by sha City Meagan's a ded9*14 0-isbn o Word Or dny such
adarsatlon may appeal the deAffr*w ion o the City Cound R, Whin live (6) waking der
Ater the dwgeion. the party flea a written notice of appeal with the City Clark. In such evens.
a hetiring Null be hold by Me CRY Council m blow Own be nod rOWAWty scheduled thsang,
sawoMg the appeal Is Had in ba to allow none of sad appeal in arxnrdsnca with Chapter
21 of tie Iowa Coda. Upon such haakg, as Cory Coed they, bawd upon Bw oadeds
aanaaad haetrW revaea, arm a nolNy in wry mgwd tlr CRY Meager'. a dsdWaa4
decision. The Qty Canals damns to bid decision.
5. No pavan cad deice any kes.aarndln0 aorraradd object a atrucorrs b Cay Rena.
Title 10. aeatled Vea d Public Ways and Property.• Chapter 5. entitled 'Cay Rau; Section 9.
W~ 'CRy Use PwhvW Is hereby whatded by dwrng Sedan 9 in be aeWrely. M substituting the
following now s icson in is place, na sent edg R Sean B. and by willing new Section 8 -'l1 -e Of City
P%mW:
Ordnance No.
Papa 15
h. The hdemrcetn apnMad has been sipad.
L A ONWM ft of kaaawa si ewhig anpkaLa with this Wilton has boon provided.
j. The application contains no malarial fa -hood or noxepnasenlulon.
IL The sppeca t at badly wrpawi to contract and to sue and be suvM
I. The apolatd has not denoted CRY property, and a to applicant hr, she &MO two
been paid in full. end has Md ere oar iorltetanaW and Will" dale In to City.
m. The app kwd two oorripeed with applicable laves concerning to ode a offering for aab
day goods or awvk -.
p. Such other khomrlin that the City Meager of deaiWOe fads rriwaaey, for the
whoratraN of this Chapter.
Contents and Conditions of Pe rend The pone ft ape contain the oMOwing neormftlm:
o. Nana,at wid0 ofte,ernemitre- dpartwaea.
p The, data and Pea of test permitted siy.
c Such a Information shot ithe City
Manhager a deagtwe rda necessary for the
noramwg of Met wdlnwoa.
3. Appends
Any party atonic -d by the City Mahagels a dmdWem4 decision to MW or d.m/ a pima
under Bb Chapter may appeal go debmwwdon Io On City Cowl r. within tan (10) working
d ele site am dso don, the parry H- a written rota of appea with the City Clerk In wain
evens. a hang shat be hen by the City Cousncl - blear Ban at its rod rmWgaly scheduled
noeWg. W mint the appeal o SW in Bma o allow nWCm of -id appeal In accordance with
Chapter 21 of the Iowa Code.
Upon such he*". the City Cava mot. based upon the etaortwds asnwMSd fission,
rev"ne, afro or rti.dify In any regard ifs City Ma gals or desiWwstb decision. The City
Gourd's decision te 9. find decsion.
4. The sale, transfer, or - algnnonl of an ambulatory vendor Perini or city plsu is expressly
prohibited
5. Revocation dPemll-
The City Neater or drriphre, a City Council r lowed following n tipped, I. aUftft d be
TWA" an anivawy valor parts Issued u cW 26 Chapter whops-
a. Thep- Nlaicfatedown.0ywnwry K-.I redFV.Chapter
b. The permitted activity am*" an obstruction to pedestrian uses of to City Place or a
m law" or vidwt Of any StauM, low, nit or Motion. Wholft tit W~ awd
a it b necessary o protect trdM or -iwy - delimited by ill Police Chief or dealpwe
or F- Cue or d -iWram
d. Thor pwvWea hems tNawbd amy, a be W ad in ifs, application
e. TAens o • subsadai wW material widens baleen the kdanmaon in 6r, apps aeon
and the amid acs or area foes which appear rem Wiy to haw occurred
I. The panNae is operating in vioiaon of the arms and cos fli" of the perms or
g. The penNlea's insurance h. boon cancelled.
A permilbo may apped IM revocation in tit score maaa ea apPOWkV the i.wena or
dowel of a Peron
6. Fovea Fite for oft"" ardor penats ante a eat by reaobifn d ifw City Coruna.
Pwmerernt And Taworay, Struckw.s: The City Manager or dsagna, upon approval of CRY
ooumik mry wow Iran an agn annt or that sop or low of pudic right of way In the ay dam
for tlo anwudion of an addition to an addng Sore from or fat ifs, temporary or ss-orW We
of zero 1 by do owner or apaater of abutrg property. Said a-s or sale Moll only be ordered
no other caahi oorWderallan and waaaala Mat the alcWnO candidate haw been or one be
mot
1. Buildkg D..Wz
Additae In balAbpb loll be harniowae n acid and design with Pemaronl
ndghbori g structures; and with the Cory Plea.
b. MmterrWa doll be shade for the aye and d"W Of brldnga in wtkh May we used
o. Mmoaiw whim r architecturally hannorgous Snag be used for M bul ling waft end
other "dolor building componsLh whey w party Wsfob fror. Mft way..
& Selection of nu aids dal be guided by she foROn"g:
(1) Hanwry with adjonkg buildings.
(2) RMW"hW a Br brim and wood 0--d City Rare.
Ord o No.
Page 14
A. Mobile Venders: The rpubarnenb for noble verMna n City Plena are Wenifat o Brae M
nooks vendors - prwWW M Teelo, Chapter 3. Serbon 5 of to Code.
8. MiaYOry Vendors:
1. Applicator, kor Parma
a FAA Application.
(1) M apptcaton for a rnWMWFY wrdpr PMM shell be Had wish sh" CRY Manger
a dOWW - by any pereon err WPw d peaars d-tkg o w ao pudic rght d way -
provided in the Chapter . if gems applicant r not a removal person. the applicant did
Identify a naaerel person who two adherily to ad for the applicant With regard b Ben
amMiebry vadag operab -.
(2) AN applications moat be Lao i at Iment live (5) working don by betas tlo
Proposed std of gaalo .
(3) Applications stall be cords n fans, WOPW d by the City MWWW a d.dWwa.
b. Application Form
The apdiatle, form Mork -Am to followtg iMonnal or,:
(1) Noma, address, and towinoa member Of the mPpitowe.
(2) An xkrwwbelprad o be eiPad by a neasd person ape he Of ses has the
atdtaBy to ad on behalf of the NM MWV varnsg operation.
(3) List of peat Pamst sewed.
(4) Product o be add.
(5) Naas fq-sb-
(6) Manta of operston.
(6) An agreement in which the applicant slab OgM o:
pay on behalf d M City a sums which the City sad be obligated In pay by
na-on of any liability enpaed yon tlw city or do. of any kind rwaAM
horn Lee of pudic Property and it* public right Of way. whet- suNNted by any
person of person, cared by accident or othMWba and Mall defend at its ash
expands a on boha9 Of M CRY any deRn against the City Rog out Of the
use of pudic property and to pudic right of way.
(7) AdaowledOnaR ape M appecrl has contacted the Jcwwon County Naar,
DepaMwM and hem ravio ad health title repiahwr,d.
(5) Fee.
(9) haawnce is required F a reasonable athpunt necessary In molds risk of hem to
Person. or property based - It. rft- and istso of the mw.K ass d-W-*-d by
0. City. R Manager. The it- reaifwiad tnN bete waved B -PPk.MM
denorotrae- YabWy o dean Inverse noa or b pry ra cost Of kWwanno".
(10) Any, O&W klbnrtrtion tied tlr City Manager or doolg rs tide mo -era)'.
2 1-uame or Dalai of PwM
StadaW. The City Manager a deciprea Ghee Oral or day as WOic -%- for the
anhbu se ry vandor peens Wail a faeaanebb errs. vMdh shat ba nadw by ardhwy MW a
personally delivered to den applicent and slag tlw nasals Bronefore m kder than MAY (W)
wowbg days of the application berg Ned The loge of time Wen a rommade all be
darrtnerd M the type of use repiamd, use hnonomben alPPlled, the new w application Is
Hal, and the eaten of eavamse pspa4- and planning damnsbaed sed raraody
Mukad The City M_W or essgrwe sell W- - wmdaay v.W. penM If the
hadvai g arldeore twvni ben or will be met.
a. The application Is received at bat five (5) waking days before tier Proposed ash Of
operators.
b. The appibN WRI were. waMd the w of e mabla wn0khg tan and with a niwhaan of
c The appliafs proposed node of operation WE not s pads go New Mow Of Pad -son
sank; sag the city dare right of Waft. nor Mae R kaebra with such Palmerton
rro WO kilo w M d rated estaasonwe butt n tit plan.
d. The appacaa WW conduct this vindsg ONrVW y within the lice dei.ti Of City ooze.
e. The spdoero two obtained .1 nsca-ey permits regdta}.yhve county depedeaa of
health. C�
L All applicable bas have been paid in fit.... „,
9. The R*k orb-- is fully anpblad end am- es".
l f 'fie• v�_.xar
-� CD a
Ordnance NO.
Poe 16
(3) MebrWS Mork be d dursbb gUORY.
a. Suidrg oornpawr -, such - windows, doors. moved WO parapets, Mad ha- good
proportions and relationship o ono warner
E Colors ehel be edecrd Air Bat homy aWor sbRRy to CMVWnat ifw nor -chlnr
claw City Ras.
g. Mww" equipownt of ashes dily herdWwrs on tics. Waal or buildings did be
S a Md ban Pudic: vow with MOWIN a hMMrAw With the "db9 or Mork be located
so W not to be MW from any public way&
h. a ldw lighting rehab be pr, of the archaemwal taped. FWUac, standards end M
exposed aoc- aortas W WI be hannow with building design.
2 Signs:
a. M signs MW be pat of ao ardiodual concept. Stu, odor. listening. baton and
arMMw-4 and be harnnoneae with the Wk*V daalWn and Mork be corMMU. with
dge s on as kft buildings.
b. MOKI ft used in a" shell have gab wditeaua character and be lahraliaa with
building deep and the moaW used h the City Plan.
a Every dge Shag spree , in scale and h proportion, an opproprw" visual Ntatlamlip to suamunrlism
buildings d Colon, SW ba ttamaiaady and with r -trakd. Exa-iva lxighba- ad idrad
odors and be ovuhded. Lgnang Moe be hamnontaas with 0. do- 9 axtemsi spot
IV" is must. R Merit be orwgsd ea set ifs, light s urceladi~ from vow.
3. AdorwW Cribde:
& The Deign R.Wwv Correwaao moy, horn the to fries. fonmlast addMOrW OsetirL awns
for tie wvbw of proposed conMUOan pursuant o Bit Chapels,. Such waside slog
baxane Misctiw wh.n adopted by tlw City Council by resolution.
b. No bWis'g porn fen the mnwenAtlon of any twnporey strudum or any bWdng
ednebn to be con bmW pureLMN orb Chapter Mal be teal ride plane for geld
contraction viva bean revowad by tlw DWWh Ravrw Conner - and spPrp -d M the
City Council- The Design Revstw Camel- ahel. within thirty (30) cYwdr days of
reap Of sold dew, favbw the gala and advbs appeal. approval With -WMO- w
disapproval in a senean report forwarded to do City Coed and the appikaid City
Council approval of to PWr " request a myaty Of was rot at wy meeting at
WNm a porum is present
4. ftamWion: Nghrtrw kawior Mwnsatn of all bidding haft and besanwd eoensfons,
display akdow adwWOis and Weeners s scree o is rwMSail duwlp hours of WvWm.
5. Caw4Wlon Cosa: AN ass of construction wa o be POW by the p -rail -. including oat
of dwnage W repak o tla City Rau Hawn by Misconstruction.
TWO 10, wired V- of Public Ways and Property; Chapter 5, WNMd 9CMY Plan; Section 10.
ended •Permit Apdtaan Pmcadsaa: b mareoy wne se ed by aebrg Section 10 in ft one" and
aWYWng in ft place ifw ollowirg now Section 10 ahWIW Twwrat':
Any vmWm of thla Chapter sat be coreWered a ample Medsnrlsanw or municipal Inhection a
p vAded for in TIM 1, Chador 4 of this Cab.
Tab 10, wWod 'Use of Roble Wan and PMPaly.' Chapter 5, arrWlsd 'City Rea: IN waby
amadetl by adding a new Sedan 9, arrled'Adtwiabatiw fsl-' we lol-
The City Mega te erdhatrad to ewbRM wnanosame nee of inconsonant with any
adnaha to any out to provisions of to Chapter. A ODPY of sed M- deg be - M With the
City
Tee 10, T 0, mWed' floe of Public Ways and Property; Chapter 5, an6ged'City Pha ,' Section 11,
ntitled'Feae,' Is hwsby, ene a led by debrlp Section 11 In ft said".
Tab 10. -Wait Vie of Pubic Ways and Repay.• Chapter 6. wired 'City Rau.' Section 12,
enstad Tam roan and Revocation of pemJit ad Uwe,' is hereby amended by dsbag Sop!- 12 in
ft anaYely.
Title 10, ontltied VW of Public Way. and Popwty.• Chapter 9, added Taft end Remnant
RoWASO u.• Sidon 1, w eW Me&-Oa , b hmW anoeded by addeg Bw Ioloweg new de6Naons:
APPLICANT: A parer, Who OPPka or pen it ea authorized in tho clads.
PERSON: Any natural or corporate person. bWM- association or other busier- entry
Including, but not limited o, a pawwaap, a was faoPWOrMip, a pdiial w b&AsWl, a pudic or
Ordinance No.
Pepe 17
private agency of shy kind, a utility, a aucoeaeor or assignee o any d the fona0olng, a any tither
legal entity.
PARK FACILITY: A baseball field softball field, soccer Odd, terms court, sewed shater. a
.--ad shots in a park or Riverside FaWUvai Stage.
PUBLIC ASSEMBLY Any -mg. dmnnKeelbn. Picket all. rally a 17ederg d a ore than
rswjV* a (25) persons, for a carom purpose as a resua of prior planning th kneMMas with
the normal lkwv or regulation or pMwtrim or veleaiW balk m to public right o way or M a
park car occupies any ens in the public right of way a in a park.
PUBLIC RIGHT OF WAY: TM area m or below a public rosdwey' highway, ,beat, bicycle ran,
sky, and puhkt slewdk wNth is Waged for vehicular. bicycle a pedesaion fraud and
dedicated to public w!.
SPONSORING AGENCY: Any agmtra im r group. regarAast of whether it is legally
wsdihasd, ad mdudmg Wt not hinted to mrPae,m, and PeMevat". m Whoas behalf a
natural person rrdhiArl makes application for a par Parent.
TRAIL: A way or Place, the use of which is controlled by the City ore owner o the real Property,
used kx persons wdlrg, Jogging. ,kateboanin9, In me skating. a bicycling a molded
devices designed for ell used by penora whh dsabiNke.
Title 10, antltled 'U. of Public Ways and Property.' Chapter 9, eeMed 'Pain all Recreation
RegAatms - Section 1. entitled - Definitions,' is hereby etherwted by dek" to ddkrions of 'parads'
am "Park. public Pak' and eaetsaeg the foitoee9 caw deNeaorr:
PARADE: A mrdh or procwaion Of those awn Nrrty -live 125) Paeans, vMvdes a oat limn
of trmeportatoe, wan a bicycles, or any mndnetlon mraef, b a upon the Pudic right d way
or in a parts that necessitates or reaulte in the ewhtabn, in whole or in par, of hue of to public park by others Funeral processions Mill ddked- and duetlaral be ccmaidred prods. stneN eat in dserrmd b be knmalsd m
PARK, PUBLIC PARK: Any par or playgirl owned or oonboeW by the City, krdudhg Pews,
tats, and roadways therein.
Title 10. arrested -Use of Public Ways and Property.- Chapter 9. enacted 'Parks and Retention
Regulstlorw,' Section 1, -MW - Deeetions.- n hereby amended by deleting tle datnebn of V-bk
entertalnmenr in Its end".
The 10. ar*W 'Use of Pudic Ways and Pmpwty,' Chapter 9, entitled 'Parks and Recreation
Reguit a ins,- Saabn 2. ardted -Prohibited Alps in Parts and PsYgounds.' a henbY amended by
dill" Section 21n ft enarely and sWWlhang in ice pled to following:
In any park no person ":
A. Damage To Prop". Alemats. Time Arid Plea Matenals:
1. Pick or destroy my plat m ees or walk or M upon my tower beds.
2. Break or Wes all Mee t or branches from any we.
3. Throw objects or mimes a any ankne a bed or mobst any meant or bad marry Way.
4. Ter down, metals. destroy or cry away my, sign constructed ceder to authority Of the
City Carl or the Parks and Recreation Oepaknsed
5. Tea dawn, exgata, destroy or bum my Melding. Wolter ogulprthhL PWC able. get, te WY
personal Property awned by the City
S. Motor Vehicles And Traffic:
1. Park any vohkJe in any awe where perking in prohibited by posted sgm
2. Drive any vehicle WMrh all par. exdPS Wan the designated strew. &K-eye and pending
Meer of such parks, except molihed devices dalgnad for and used by Persons with
disabai ny
3. Dive enY vehicle within my Dar at a speed in Bxhaas Of fitesn (15) rode, per hour. unless
otherwise posted.
4. Drive my vehicle b the wrong direction upon any im awy abet within a park.
C. Waap": Cary firearm, a wasposs a D any err_
0. Aremes:
I. Bang, sane or permit any pet a mfr hto any park uresee such semi is on a bash or
cm*wd saner a vehicle or in a caps. kennel, crab. or carrier.
2. Pole any horse In my Dar except upon street, rd bas. all Om only If the horwrider
provides for the inwnedbte disposal of road waste meriat excreted by any aerna.
3. Thin provision shall not apply to an rerod trained to SSW prams will drubBhea or to a
parson WwW a perms w aMOrmed b section &4-12.
Ordiheraa No.
Pop it
pudic n mftnal opportunities, art which ere under tee mpaeawap or d-sporneorsieP Of the
Parks and Recreation Dapedme d
Till. 10, rrtted'Use of Pudic Ways and Property: s hereby arseWed by adding a new Chapter 11,
a MtlW'Fanhs MWkat.' a follows:
1011 -1: DEFINITIONS: Aar toW b this Chhapar, dnfokoakg deeetlom shat apply.
DIRECTOR: The Director of City Perks anti Reaeam Depatrmt.
FARMERS MARKET: An opim air mares epmeored by to dy in she Chauncey Swan parking
ramp tat Is irranded to Provide an opportunity for Individuals b MI PWM W Nuns let rte
groan or Produced by tam, which conform to W apPrrable city, county, and stab health and
safety provision. includ" dab deperbnat Of apiculture regu lows.
FARMERS MARKET VENDOR: Prim who s sutndzed odder this chapter to occupy a e tat
and to sob Yana in the Farman Market.
PERSON: A rased pram
SEASON VENDOR: A Fanhen Market Vodr who Is rRarbed by OW Cry b occupy a OW br
to anon season.
STALL: A apace designated by to Detector In the Famnre Market that a Farman Market Vendor
to sulherped to occupy in onto to sell sans co nanrt with the provisions of if tdepar.
1011 -2: REGISTRATION
A Nrariza0on Replied. No person rho sea or offer for We any here at the Fmrhm Marko
vie hout ahAhavrim from the Di ecfor or d-W-
B. Obtanlg AtMOrratan. In order to receive Adhorkation, a person Wet regime With to
Directr, W Is" ons (1) day In advance of the mere data on A form probed by the
Director.
C. Registration Form. The ragistrelbn tone Wok twren ft flowing kr w.~:
I . - Nam. address, and telephone number of the Fairness, Market Vector.
2. Ageement to indemnify the City.
1011 -3: STANDARDS FOR GRANTING OR DENYING AUTHORIZATION
The Director a daagee then "tensile be rapRtrwm ben and shall grit 00-tr~ a the
klkaWeg orWb- an met:
A Aar applicable fees hew been paid.
B. A sat is svakde.
C. The parson has not had his or her I- Market eat hatzWion re okad in On aW year.
O. N then en not stticbnt sals fr at persons who apply for a rein. a Season VsWr from
the previous eaten r "W WWI have Phonily over a pram who was not a Season Vemtlor
from the previous calendar year.
1011 ♦: APPEALS
A. Any vary aggrieved by the deoWah Of the Director to gam or deny autorbakn under the
Section may appeal within ten (10) calendar days of tln data of the decision by Nap a
written notice of appeal with to CRY Manager
B. The hearing Wag be betas to City Manager, who may reverse, atom r modly, in cry
regard, to demmenedon of the Director based upon the standards Owmasted herein.
The City Manager's decision is to hW dec can of the City.
10114 REVOCATTNVOFAUT"ORLZATION
A. ANadEW- may he ,.,d d by se Okeupr it.
1. The Fasters Mrkr Vendor has ms,abd in any way neter it acts m One registration form
2. Thee s a steers! vWarae between to iWpnnstim on the rapletrakn form and the reds
nn-Ably ascertained by to Dieoor.
3. When. by reason of dissw er, pubic cele nty, not or other amegancy, at determined by Oe
Director, City Manager, Fine Chief, a Chia of Pafcs, Met to satisfy Of the pudic requires
such revocetlah.
4. The Fames Makes Vendor is operating in violation of to lone and taWti i n Of the
auhortratkin.
B. A p sson may appeal a revocation Of aut horzaaon in the saes mereh as appaWng the
denial of eutlarraam m provided In Oda clepter.
1011 -6: ADMINISTRATIVE RULES
Th. Director is authabad b astabllah administrative mac. A copy of sad mss shall be on file
with to City Cl".
1011-8: FEES
Ord"atarKa No.
Page IS
E FYas: Budd or ad and seat the bttldkg of arty fire Merry park. esoept In sows or fireplaces
designated for such purposes.
F. Alcoholic Beverages. Possess, or omens any' bear or alcoholic beverages many Park
G. Prictcs Golf: Practice poll b park
any pa
H. Unsk trmesd Use Of Butdngs: OmW any shelter or building a re reeden anew which test been
roaerved by others through ore provesprn of tea Chapter or Instill any unauthorized reserved
sign In any shahs. building or n-a#. anew.
1. Hews:
1. Except as provided for apwetad balm heron, axspy any Pak whether on foo or in
vehicle, or paint any vehicle b remain parked in airy park between the hours of bn telly
$clocJk (10:30) P.M. and see o' dock ( 690) A.M. unwas granted spedd alltndrrbn by ft
L From April 15 to October 31, the hies abet be ran eleven o'clock (I VW) P.M. b elk dtdock
(6:00) A.M. In City Par and Mercer Par,
3. Ocahq, whether on lot or In a vehicle, or print ary vefede to ramelo Parked from dunk to
dawn at the fo4ov4ng pars: Waterworks Pratte Park. Peereuls Park, Hick" HIM Par, and
Ryareonh Woods Park Dusk nrarn thirty (30) animas SW to are designated each
calendar day as •su al` and them news tltrly, (30) mmmes before to dine deWWWW
as& cateWar day as 'sbvtee' by to United Stabs Naval Observatory for laws City,
Johnston Carry. bast. Sad dssigntlrn can be accessed we the atsrret at
<Wl faa.uara.nevy.mD.
J. BlcYclee And NarnEor¢ad Vehicles.
1. No person that laud upon or operate a bicycle or rnmhobdzed vehicle widen C2hannily
Swan Par
2. Paean may travel upon or operate bicycles and narnbrsed vehicles in ON other City
parks except When Panted ore prmbkd and only to the exbnt ore noanotabed vehicles
n used in a sal nonnr so as net to Injma paams or property.
3. This PrOvision area not apply to a Peron With 080NVJM wag a norrrolodaBd device
designed for a person with tlleabMtsw
Ties 10. Will -1 ill of Public Ways re Propay.- Chapter 9. W~ -Partin end Recreation
Reg laborni Section 3, entitled 'TraSt and Parag Regrletro: le hereby aaonded by deleag Seam
3 in its Basely and whatltdlg in b plate the fogOWWV
A. Duke Of Director The Director Is hereby authaind and directed b: 1) disagree e,seb and
drives for use within the parks: 2) designate per ding anus for V. parka: and 3) prohibit regulate
or amt stopping. standing or parking of vefetlas on the slaw, dnvewaYs and Parking areas in
the peke at all sass or do" spsotad hours. The Olaoor shall also cases Wpm to be posted
designating Weal, donee and parking areas or proeebiang, negteadrg or lending slcppbg,
standing or peaking In me parks.
B. Vehicle Owner Prime Facts Responsible for Virtakro: tarry vaNkle s band stopped steWkhp
a poked in my coarser viONtw of this provisions of Out Chapter and the kWft Of the operator
canna be dWarnated. the is a rebuttable Puseeepton than ore owner is responsible for such
violation.
TMs 10. enured 'law of Pack Way, and Property, Chapter 9, mooed 'Parks and INcrcreatlarh
Reguldlrn,- Seclbn 4. W MW -FaWiy Permk' is Newby attended by debasing Salim 4 in is WO"
and subsft&V in to pace the flowing:
A Permit Retuied: t " be unlawful for my Paean or group Of Panama to we any per or the
facitse of my Par witsoef oorngyeq with the ntttremmb of roe 10 Chapter 1 badudeg first
having obtained a prade/pdk aseembly pemtt t applicable.
B. Secured Shsibr: No person or sponsoring agency seep tree a secured seeder without obtaining
the ew1f drisin of the Diecbr or dasgree.
C. Par Facility. Any Person or sponsoring agency may reserve a Pak taolty by drepleti a Mig
an applkedon with pre Desaaor on s bean prepared by to Director.
Tee 10. metal 'Use of Public Ways and Pnpmy,- Chapter 9, entikd 'Parks and Recreation
RsgrJlae.' Section 6. semi 'Fees I. Use of City Park and Recreation Ares and FarrMas.'
Subeecton B W hereby amerhded by desrg Subsection B In w "mtV and son ftAkV In is place the
following:
R. Reduction or Wainer of Fees: NowMMauding the above, to Director is autlnnzed to ndud or
ewe tees for use of park fw&" or ettrprnsnt for aMIW groups or aprvataa providing
�.l
Z. 7) CD
�$ Cc
No
0 220 .
Pape
Fees for authMlretlon of a Famere Market'Y.a roan Yt1at be IWhW by r d the city
1011 -7: PENALTIES �'y
Any violation d ms Chapter "I be dnsadae0 a temple a9Ae1 or or exweclPa infraction as
provided kw In Tab 1, Chapter 4 of this Cola
SECTION R RFPFA1 Fa AN ondimshda and pate of a6rhMSe111ry" With the provissm of this
Onfin ore ore hereby repealW.
SECTION Ice. PENALTIES FOR VIOLATION. The violation of any P104111m of tea alanance is a
mmicipel Infraction or a temple mseanoseep,
- r. . try sections. Provision a pad rite Ordinance " be Wpapadb
be Invelid a umoonWrtlodl. such adhdlutlorn saWl not elect tle vality d to Ondearrce as s -hob a
cry section, pruWion m par Maned not edAdged i ne d a twaonWaknL
SECTION IV EFFECTIVE DATE This Onfinand Pak be in effect all k final passage, appronil
and Publication, as provided by low.
Passed and approved the _ day of 2004.
MAYOR
ATTEST:
CITY CLERK
Approved by
City Alkeney'c Office
raJOnRespUPL OnlAOc
i
Marian Karr
From: darian curry <dariancurry22 @gmail.com>
Sent: Tuesday, November 01, 2011 9:24 AM
To: Council
Subject: Occupy Iowa City Darian Curry
Fellow Citizens of Iowa City,
The occupiers at College Green Park are creating an outlet for free speech that is not present any place
else in Iowa City. They are respectful to the park and any one passing through the park. They are a unique
community of people driven by ambition to make a difference. I believe that they should have the right to
peacefully assemble, protest and occupy at College Green Park and any place else in Iowa City. The occupation
has never taken a turn towards violence, and I believe the city should alleviate any violence being directed at the
occupation by members of the community. The violence I am referring to is the college students and other
members of the community who are going to College Green to verbally and physically harass the occupiers.
Many of these harassers are highly intoxicated and storming through the park after the bars have closed. They
are violating laws and disrespecting community members' rights to peacefully protest. The city should not
reprimand the occupiers for this disturbance. In fact I believe that the occupiers should have the community and
community leaders behind their every move. This includes protecting their rights, protecting their being, and
controlling the other community members violent and disruptive behavior.
hear
Thank you for taking time out of your day to
my grievances,
Darian Curry
8'a-
Marian Karr
From: Nathan Morton <nathan.e.morton @gmail.com>
Sent: Tuesday, November 01, 2011 10:46 AM
To: Council
Subject: occupy iowa city permit appeal
Dear City Council Members,
I am writing to the council because I have recently become aware that the OIC's permit to stay in College Green
Park was altered after it was approved by the General Assembly and signed. The alterations I refer to are those
noted on the OIC website and the subject of OIC's permit appeal:
"The original permit was approved by General Assembly and submitted on 10/24/2011. The permit was
approved by the City and picked up on 10/26/2011.
Upon review of the document, Occupy Iowa City found the following discrepancies between the permit
signed and the permit approved:
No person allowed in the North and West quadrants of College Green between 10:30 p.m. and 6:00 a.m.
• No structure of any kind shall be built or put on the green.
• Tents designed for six or less people are allowed, anything larger is prohibited.
• No tents are allowed on the North or West quadrent of College Green.
There is no indication that the permit can be renewed."
The City needs to honor its agreement with Occupy Iowa City in good faith and return their permit to its
original terms. Furthermore, I want to see the City of Iowa City stay on good terms with any an all who are
peacefully assembled and practicing free speech.
(I apologize that I cannot be in attendance at the meeting - I am at home with a newborn, a 2yo, and a 4yo.)
Sincerely,
Nathan Morton
1214 Highland Ave
Iowa City, Iowa 52240
Marian Karr
From: Tom Hudson <occu pyictom @g mail. com >
Sent: Tuesday, November 01, 2011 11:13 AM
To: Council
Subject: Occupy Iowa City Permit Restrictions
Dear City Council Members,
First and foremost I would like to thank each of you for your commitment of service to the city through your
role as City Council Members. It is greatly appreciated and equally respected. I am writing you today to voice
my concern for the actions taken my Tom Markus and Mike Moran, over the course of the last two weeks. The
permit that has been issued is a 4 month permit allowing the Occupy Iowa City members to camp at the park
until the end of February. Being that they have allowed the Occupy Iowa City members to camp through the
cold, it is my feeling that these officials have gone overboard in the limitations of keeping these members
warm. I feel that if the City is going to allow a group of individuals, no matter the reason, to camp out in a
public park, that the City should also take into account those individuals safety through winter. My fear is at
this point, the City has allowed these individuals to camp out, and has restricted their tent size, and ability to
build small temporary structures, causing somewhat unsafe winter conditions. If a member of Occupy Iowa
City were to become hospitalized, or worse case, die from the winter conditions this winter, it would look very
bad for the City of Iowa City nationally. From what I have seen, Occupy Iowa City has been extremely
respectful of the park, and very peaceful. The hecklers passing through seem to be the only noise coming out of
camp at night. I feel if the City has already approved this group to be there through the end of Feb. that they
should also allow this group to stay warm and safe, i.e. 10 man tents, instead of 6 man tents, in which they
could heat with propane (approved in permit). As we all know, putting a propane heater in a small tent is not
the best of ideas. I just feel the City has said, yes you can stay there, but no we don't want you to be safe, and
that may have drastic consequences for the city in the case of the winter elements taking a life. I am asking the
City Council to allow this peaceful group to have up to 10 man tents, and also to be able to have a couple IOx12
structures, for first aid, and food storage. I don't think that this is too much to ask, being that the City is already
allowing this group to Occupy the space through the winter. Thank you again for your service and I look
forward to being there tonight.
Thomas Hudson
1725 Muscatine Ave
Iowa City, IA 52240
Marian Karr
From: Mike Wright
Sent: Tuesday, November 01, 2011 11:26 AM
To: Marian Karr
Subject: FW: Occupy Iowa City
From: darian curry [dariancurry22 @gmail.com]
Sent: Tuesday, November 01, 20119:20 AM
To: Matt Hayek; Ross Wilburn; Mike Wright; Susan Mims
Subject: Occupy Iowa City
Fellow Citizens of Iowa City,
The occupiers at College Green Park are creating an outlet for free speech that is not present any place
else in Iowa City. They are respectful to the park and any one passing through the park. They are a unique
community of people driven by ambition to make a difference. I believe that they should have the right to
peacefully assemble, protest and occupy at College Green Park and any place else in Iowa City. The occupation
has never taken a turn towards violence, and I believe the city should alleviate any violence being directed at the
occupation by members of the community. The violence I am referring to is the college students and other
members of the community who are going to College Green to verbally and physically harass the occupiers.
Many of these harassers are highly intoxicated and storming through the park after the bars have closed. They
are violating laws and disrespecting community members' rights to peacefully protest. The city should not
reprimand the occupiers for this disturbance. In fact I believe that the occupiers should have the community and
community leaders behind their every move. This includes protecting their rights, protecting their being, and
controlling the other community members violent and disruptive behavior.
Tha
nk you for taking time out of your day to
hear
my grievances,
Darian Curry
Marian Karr
From: Mike Wright
Sent: Tuesday, November 01, 2011 11:26 AM
To: Marian Karr
Subject: FW: Regarding OCCUPY: Iowa City
From: mike mooney [talktomooney @gmail.com]
Sent: Tuesday, November 01, 2011 10:12 AM
To: Matt Hayek; Ross Wilburn; Susan Mims; Mike Wright
Subject: Regarding OCCUPY: Iowa City
Dear Members of Iowa City Council,
Over the past month the OCCUPY: Iowa City movement has stood in solidarity with the OCCUPY: Wall
Street movement. Now that it has gotten colder out the movement is having to find creative ways to continue
the movement without jeopardizing the health and safety of its members. This effort has been greatly aided by
the city's cooperation in the area of permits. This letter is to say thank you for all of your support of our first
amendment rights of free speech and assembly. I hope that through the winter months this great relationship
can continue. The OCCUPY movement has faced many challenges in its first month and will face many more
in the coming months. Your continued cooperation and support is greatly appreciated!
With respect and cooperation,
Mike Mooney
Marian Karr
From: Eva Roethler < eva.camille.roethler @gmaii.com>
Sent: Tuesday, November 01, 2011 1:58 PM
To: Council
Subject: ITEM 8a (ADDITION) HEARING PURSUANT TO CITY CODE SECTION 10 -1 -5 ON
OCCUPY IOWA CITY'S APPEAL OF THE TERMS OF THE PERMIT ISSUED FOR THE USE
OF COLLEGE GREEN PARK
Dear City Council of Iowa City:
My name is Eva Roethler. I was born and raised in Iowa City, and have been actively participating with the
Occupy movement at College Green park. I have never been an "activist" before, nor have I ever so
passionately cared about what was going on with my government- nationally or locally. I am writing to express
my AVID support of the occupation at College Green. Our intent is to better the world and the community, even
if it does require civil disobedience, and an unapologetic encampment of public property.
I truly hope you realize that most of the individuals with Occupy Iowa City do NOT view our local government
as "the enemy ". Many of us have conversed privately and reveled in how fortunate we are to have such a
supportive, cooperative government. When we see what has happened to our brothers and sisters at other
Occupy movements, we count our blessings.
The majority of us seem to realize that we stepped on the community's toes by building the wooden framework
of a non - permanent structure without establishing a better relationship with our city, first. That is why we took
it down, that was our "mistake ".
I think that your "mistake" was to alter the terms of the permit, after we signed it. For us, signing the permit was
an act of cooperation and commitment to work with the city. We realized at that point, that Iowa City had been
supportive, and there wasn't any significant reason to defy our local public officials.
Now, we ask for an appeal. The terms that we valued on the original permit have been altered, and it speaks
volumes to us that these key elements have been taken away- after we made the commitment to cooperate. We
need this permit to be renewable. We ask that the original clause be restored. We understand that the "no
structures" clause was added as a result of our "mistake ". However, we NEED feedback from you about what
we CAN do to keep warm in the winter. We are asking for cooperation and collaboration. Please help restore
our good faith in our local government, and appeal our permit.
Sincerely,
Eva Roethler
4850 Rapid Creek Rd NE
Iowa City, IA 52240
Who is the happier man? He who has braved the storm of life and lived,
or he who has stayed securely on shore and merely existed?
Marian Karr
From: eviltwin <eviltwin9 @gmail.com>
Sent: Tuesday, November 01, 2011 2:54 PM
To: Council
Subject: "ITEM 8a (ADDITION) HEARING PURSUANT TO CITY CODE SECTION 10 -1 -5 ON
OCCUPY IOWA CITY'S APPEAL OF THE TERMS OF THE PERMIT ISSUED FOR THE USE
OF COLLEGE GREEN PARK"
Dear Council Members,
I am writing in support of the Occupy Iowa City protesters in College Green Park. I hope that you will allow them to
build and keep a small shelter there as previously agreed. I appreciate your cooperation with the protesters so far. I
realize this is a somewhat unusual circumstance but we are in some of the strangest of historical times and I am grateful
for the Occupy movement's steadfast outcry against corruption and greed.
Yours truly,
Kim Edge, 2633 Walden Road, Iowa City, IA 52246
90—
November 1, 2011
To the Iowa City Council and all citizens:
kty name is Charles Elchcr, I ctirrentlti, reside in C:oralville. I was born and raised
in Iowa City, graduated from , m the University of Iowa, and in family ran busi-
nesses in this city for over 50 tears. I am an Occupant. I atn active in the C)ccupt
Iowa City movement, but I speak as an individual.
I ur ;ge, the City Council to reprove their restrictions on the Occupy Iowa City
rnovernerrt. Our General Assembly spent many Hours working within their
denrcx:ratic structure to reach an agreement with the City, only to have unelected
bureaucrsats unilaterally irripr>sr neNk, restrictions that. threaten the health and
safety 01` our m(ml_)ers.
The Ci v was notified in advance that: this was an indefinite occupation. III
response, they explicitly acknowledgc�ci our right to occupy the park as ��r
Spontaneous assembly, and that our camp was an expression of our right to Free
Speech. Some Oc(upillits were incensed that the City believed they had the
authority to -rant us Fecleralty protected rights under the Constitution. I agree.
with C rtt rel )resentatives in good faith, the City Manager offered
VVe negottatcd
permit terms specific to our Occupation, and said the City v ould grant a permit
with those terms if we vvoukl agree to abide by them. NNc acted in the -spirit of
those terms, even before N -ve voted to accept them. But we were surprised to re-
ceive a different permit with highly restrictive terms that place limits oil our ex-
prcssion of trc c speech. The" denied its any shelter that will be necessary to as-
sernble in the winter, and rernoved language that allowed its to reriew the permit.
The City Nlamrger carne to 0111• General :Assembly and said that, he respected our
democratic process and asked us to respect the City government process. He also
said that our ac ceptancc of the permit would give the City relief from pressure by
our political opponents. They would be able to respond that we Xc-i -re operating
under strict permit rules, and not granted antil favors on account of politics. But it
nova appears that the C'Jty Nl rriager and the Department of Parks and Recreatiari
has caved in to political pressure and implemented rules that will make our
rnovernerit impossible to continue through the winter.
NVo, acknowledge that we must be respectful of the historic College Green Park,
and conscious that we. are adding to that history. Our support within the corntim-
rrit:y arrd char neighbors is strong. I urge you to release Occupy toNva ("11v born the
unreasonable restrictions unposed nrrder the perrrrit..
c�
Please place this staterneid. in the City records, and let it be presented to all {fit:},
Council members.
Sincerer-•, --
-t C
t—`
"D :,
Charles Eicher r
".,,,,,_
Marian Karr
From: Eric Klein <ericlklein @mchsi.com>
Sent: Tuesday, November 01, 2011 4:32 PM
To: Council
Subject: Item 8a (addition) Hearing
To whom it may concern,
I am writing in about the hearing regarding Occupy Iowa City. It is my belief as a member of the 99% that
Eric Lee Klein