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HomeMy WebLinkAbout2011-11-22 OrdinanceN Prepared by: Travis Kraus, Planning Intern, PCD, 410 E. Washington Street, Iowa City, IA 52240; 156 -5�51 (REZ11- 00016) ^�- N ® ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING AP ROXIMATLEY1.15 ACRES-J& PI OPE LOCATED 911 N. GOVERNOR STREET, FROM COM ERCIAL OFFICE (CO -1) v_G OW DENSITY MULTI- FAMkLY RESIDENTIAL (RM -12). (REZ11 -0001 WHEREAS, th applicant, Mark Holtkamp, has re Governor St. Iowa Ci Iowa, from Commercial Office (C 12); and WHEREAS, the Com rehensive Plan, Central District Density Multi - Family Reside tial development; and WHEREAS, the Plannin and Zoning Commissior determined that it complies wit the Comprehensive Plai need for dedication of right -of -w , installation of side suitable for adequate site distance, d sanitary and st WHEREAS, Iowa Code §414.5 011) provides t conditions on granting an applicant's re oning reque , satisfy public needs caused by the request change; r sted a rezoning of property located 911 N. ) to Low Density Multi - Family Residential (RM- , indicates that property is appropriate for Low has the reviewed the proposed rezoning and provided that it meets conditions addressing the alks, appropriate location of driveway, setbacks n sewer easements; and it the City of Iowa City may impose reasonable over and above existing regulations, in order to WHEREAS, the owner and applicant ha agree that the property shall be developed in accordance with the terms and conditions of the Condition Zoni g Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY E CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditio al ning Agreement attached hereto and incorporated herein, property described below is hereby reclassifi d fro its current zoning designation of Co -1 to RM -12: BACONS SD OF BLOCK 1 DEWEY'SADDITIO SECTION II. ZONING MAP. The building map of the City of Iowa City, Iowa, to confc publication of the ordinance as approved by la SECTION III. CONDITIONAL ZONING A sign, and the City Clerk attest, the Conditi City, following passage and approval of this ECORDING. Upon passage and proval of the Ordinance, the d to certify a copy of this ordinance, and record the same in the County, Iowa, at the Owner's expen , upon the final passage, as provided by law. nces and parts of ordinances in conflict h the provisions of this cial is hereby autt to this amendme 8,9 &10 tEEMENT. The mayor Zoning Agreement be? inance. ed and directed to change the zoning pon the final passage, approval and hereby authorized and directed to ikn the property owner(s) and the City Clerk is hereby authorized and dii Office of the County Recorder, Johns approval and publication of this ordinan SECTION V. REPEALER. All ordi Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If invalid or unconstitutional, such adju it section, provision or part thereof not d SECTION VII. EFFECTIVE D TI ny section, provision or part of the Ordinance s, 11 be adjudged to be ration shall not affect the validity of the Ord inanc as a whole or any judged invalid or unconstitutional. :. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law/ Passed and approved this day of MAYOR 20 Ordinance No. Page 2 ATTEST: CITY CLERK Prepared by: Travis Kraus, Planning Intern, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ11- 00016) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and AB Investments (hereinafter "Owner "), and Mark Holtkamp (hereinafter "Applicant "). ) WHEREAS, Owner is the legal title holder of approximately 1.15 acres of property located 911 North Governor Str t, Iowa City, Iowa; and WHEREAS, the Owner h requested the rezo lial Ing of said property from Commercial Office (CO -1) zone to Low - Density ul siden ti- Family Re (RM -12) zone; and WHEREAS, the Planning and ning Commissio has determined that, with appropriate conditions regarding dedication of righ of -way, install ion of sidewalks, appropriate location of driveway, setbacks suitable for ade ate site dis ance, and sanitary and storm sewer easements, the requested zoning is consi tent with th Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (20 1) provi es that the City of Iowa City may impose reasonable conditions on granting an appli nt's zoning request, over and above existing regulations, in order to satisfy public needs cau ed Py the requested change; and WHEREAS, the Owner acknowledges reasonable to ensure the development of the Plan and the need for compatibility with the C improvements; and WHEREAS, the Owner agrees to develop his p conditions of a Conditional Zoning Agreeme . certain conditions and restrictions are rty is consistent with the Comprehensive District Plan, traffic safety, infrastructure NOW, THEREFORE, in consideration othe mutual agree as follows: 1. AB Investmenst LLC is the legalfitle holder of the ra in accordance with;' the terms rises contained he the par iM c _ -r \Prt y l egally described as: BACONS SD OF BLOCK 1 DEWEY'S ADDITION LOTS 8,' & 10 2. The Owner acknowledges th t the City wishes to ensure onformance to the principles of the Comprehensive PI n and the Central district plan. Further, the parties acknowledge that Iowa Coe §414.5 (2011) provides tha the City of Iowa City may impose reasonable conditi ns on granting an applicant's zoning request, over and above the existing regulati ,/eh in order to satisfy public need caused by the requested change. 3. In consideration of the Ci y's rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, as well s the following conditions: ppdadm /agt/conditional zoning agreement holtkamp.doc 1 a. Dedication of right -of -way to provide a consistent width and to accommodate sidewalks; b. The developer is 'equired to install a sidewalk along this frontage and the two adjacent residential propert es to the south up to the north property line of Happy Hollow Park; c. To assure adequ to site distance the locatio of the driveway is subject to MPO Transportation Pla ping staff approval; d. The front setback *II be sufficient to provide dequate site distance for the drive as determined by MPO ransportation Planning St ff; e. Easements will be es ablished for the sanita and storm sewers on the property to allow repair and replac ent of lines located t re. 4. The Owner, Applicant, and ity acknowledge tat the conditions contained herein are reasonable conditions to imp a on the land u er Iowa Code §414.5 (2011), and that said conditions satisfy public ne ds that are cau ed by the requested zoning change. 5. The Owner, Applicant, and City cknowl edge that in the event the subject property is transferred, sold, redeveloped, or ubdivided all redevelopment will conform with the terms of this Conditional Zoning Agr ement. 6. The parties acknowledge that this Co ition I Zoning Agreement shall be deemed to be a covenant running with the land and 'th ti le to the land, and shall remain in full force and effect as a covenant with title to th la d, unless or until released of record by the City of Iowa City. The parties further acknowledge that this OTement shall inure to the benefit of and bind all successors, representatives, and assi s f the parties. 7. The Owner and Applicant acknowle ge th t nothing in this Conditional Zoning Agreement shall be construed to reliev the Ow er or Applicant from complying with all other applicable local, state, and feder I regulatio s. 8. The parties agree that this Con reference into the ordinance rezo publication of the ordinance, this Recorder's Office at the Applicant) Dated this day of CITY OF IOWA CITY Matthew J. Hayek, Mayor Attest: Marian K. Karr, City Clerk Approved by: �gl nal Zoning Nrpe:r ment shall be incorporated by the subject p y, a nd that upon adoption and greement shall b recorded in the Johnsgq County expense. ..77: MARK HOLT MP, APPLI`T -� w C� By: ppdadm /agt/conditional zoning agreement holtkamp.doc 2 OWNERS AB Investments LLC City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ? ss: JOHNSON COUNTY )� This instrument was acknowl *dged before me on Hayek and Marian K. Karr as Ma�Rr and City Clerk, CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged Inc. , 2011 by Matthew J. of the City of Iowa City. Notary ublic in and for the State of Iowa (Starr or Seal) itle and Rank) re met on , 2011 by of ILJ Investments, Notary Public in nd for said County ana State (Stamp or Seal) Title (and Rank) INDIVIDUAL ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of 20 , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared , to me known to be the identical persons named in and who executed ppdadm /agt/conditional zoning agreement holtkamp.doc 3 the within and foregoing instrument, and acknowledged that (he /she /they) executed the same as (his /her /their) voluntary act and deed. Notary Public in and for the State of Iowa My Comm' sion expires: ("0 1 LIMITED LIABILITY COMPA Y ACKNOWLEDGE ENT: STATE OF IOWA ) M ss: JOHNSON COUNTY ) On this day of A.D. 2 before me, the undersigned, a Notary Public in and for th State of Iowa, personally appeared to me ersonally known, who being by me duly sworn, did say that the person is (title) of an that said instrument was signed on behalf of the said limited liability company by a hority of its managers and the said acknowledged t execution of said instrument to be the voluntary act and deed of said limited liability company it voluntarily executed. Nota Public in and for the State of Iowa My commNsion expires: PARTNERSHIP ACKNOWLEDGE ENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , 20_, before me, t e undersigned, a Notary Public in and for the State o/1ty rsonally appeared to me personally known, who beinduly sworn, did say that the pe on is one of the partners of an Iowa GeneraPartnership, and that the instrumen was signed on behalf of the partnership by autthe partners; and the partner ackn l edged the execution of the instrument to be th y act and deed of the partnership by it, and by the partner voluntarily executed. Notary Public in and for the State of Iowa My commission expires: ppdadm /agt/conditional zoning agreement holtkamp.doc 4 To: Planning & Zoning Commission Item: REZ11 -00016 911 North Governor Street GENERAL INFORMATION: Applicant: Property Owner: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning Comprehensive Plan: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION STAFF REPORT Prepared By: Travis Kraus, Planning Intern Date: October 20, 2011 Mark Holtkamp PO Box 3284 Iowa City, Iowa 52244 319.594.1062 markholtkamp @yahoo.com AB Investments LLC 4059 Isaac Walton Rd SE Iowa City, Iowa 52246 319.354.1667 Rezoning from CO -1 to RM -12 To allow for construction of multi - family dwellings 911 North Governor Street, Iowa City 50,007 SF (1.15 acres) Commercial Office, CO -1 North: Residential, (RS -8) South: Residential, (RS -8) East: Residential, (RS -8) West: Residential, (R3 -B) Low to Medium Density Multi - Family Development September 28, 2011 November 12, 2011 The applicant, Mark Holtkamp, is requesting a rezoning from Commercial Office (CO -1) to Low - Density Multi - Family Residential (RM -12) for a 1.15 acre parcel located at 911 North Governor Street in Iowa City. The property has been zoned CO -1 since at least the 1980's, and previously housed the Johnson County Department of Human Services, which leased the property for some years. The property has been vacant since DHS relocated several years ago. The only street access point for the use is from North Governor Street, which is a one -way street. Parking is not allowed on North Governor Street. A sidewalk is provided only along a portion of the property, but no sidewalk exists between that point and Brown Street to the south. ANALYSIS: Zoning and Comprehensive Plan The rezoning application is consistent with future land use and development as identified by the Central District Plan Map. The Central District Plan map designates the subject property and lots to the south and west as appropriate for low to medium density multi - family development. The Low - Density Multi - Family Residential (RM -12) zone is intended to provide for the development of high- density, single - family housing and low- density, multi - family housing. Based on the size of the property (50,007 sq. feet) the zone would allow for up to 18 units. An occupancy of up to 3 unrelated persons in permitted in the zone. The Commercial Office Zone (CO -1) zone is intended to provide specific areas where office functions, compatible businesses, apartments, and certain public and semi - public uses may be developed in accordance with the Comprehensive Plan. The zone provisionally allows for 18 dwelling units on the subject lot, the same density as RM -12, but requires that dwellings be located above the street level floor of a building to facilitate commercial uses at the street level. Neighborhood Compatibility To the west of the subject property is High- Density Multi - Family Residential zoning, R3B.' The subject property is otherwise surrounded by Medium - Density Single - Family Residential (RS -8). As the applicant states, the commercial zoning of the parcel makes it an "island," while RM -12 would make an appropriate transition between the high- density multi - family R3B zoning to the west and the medium - density single - family RS -8 zones to the north, east, and south of the property. Design Review Zoning standards help ensure that multi - family buildings include features that define a safe and attractive streetscape, as well as to ensure that various housing types in any one location are compatible with one another. New multi - family construction located on property in the Central Planning District is subject to design review according to the rules of applicability and standards contained in Section 14 -2B -6, Multi - Family Site Development Standards. Traffic considerations The property is located on a one -way section of North Governor Street. The redevelopment of this property will likely result in the need to relocate the existing driveway. The driveway must be located 50 feet from the driveway for property to the north, and a minimum of 25 feet from the property line. This area of Governor Street is curving with poor site distance visibility and heavy traffic. Any relocation of the driveway should be subject to approval of Transportation Planning Staff. Due to site distance concerns along this portion of North Governor, the setback for units adjacent to the drive may need to be increased. Pedestrian access A sidewalk is present only along the northern half of the property, with no sidewalk between this point and Brown Street to the south. With the additional residential uses being introduced on the ' R313 is a designation from a previous zoning code. The present designation on the zoning map for this property is the result of a court order form the 1970s. The property is now developed with a density allowed in the RM -20 zone) site, Staff believes it is appropriate to complete the sidewalk network in this area to provide safe access for pedestrians and an alternative transportation route in a neighborhood that is close to downtown and the University of Iowa campus. Staff would recommend that a condition of the rezoning require the dedication of right -of -way in order to provide space for a sidewalk, and that the applicant be required to install a sidewalk along the frontage of the subject property as well as the two single - family properties to the south. This sidewalk will connect up to the north property line of Happy Hollow Park. We would recommend that the re- zoning only if the City commits to constructing a sidewalk running along the east side of Happy Hollow Park south to Brown Street. Utilities Two utilities, a sanitary sewer line and a storm sewer line, cut across the center of the property from its north east corner to the south west corner. Building may not be located over these sewer lines. Easement should be established to provide access for repair and replacement. STAFF RECOMMENDATION: Staff recommends approval of REZ11- 00016, a rezoning of approximately 1.15 acres at 911 North Governor Street from CO -1 to RM -12, subject to the following conditions: 1. Dedication of right -of -way to provide a consistent width and to accommodate sidewalks; 2. The developer is required to install a sidewalk along this frontage and the two adjacent residential properties to the south up to the north property line of Happy Hollow Park; 3. Location of the drive -way is subject to Transportation Planning staff approval; 4. The front setback will be sufficient to provide adequate site distance for the drive as determined by Transportation Planning Staff; 5. Sewer easements should be established on the property to allow repair and replacement of lines located there. ATTACHMENTS: 1. Location map 2. Applicant's statement Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development Legal Description: BACONS SD OF BLK 1 DE WEYS ADDITION LOTS 8, 9 & 10 Statement to warrant zoning change: The property located at 911 N. Governor Street warrants being rezoned from CO -1 to RM -12 due to the following factors. The current zoning of CO -1 puts this parcel on an island so to speak, since the parcels all around it are different zones. The west side of the property is currently a High Density Multi - Family Residential Zone and the other 3 sides is a Medium Density Single Family Residential zone. By rezoning this property to RM -12 it will make a good transition from High Density Multi- Family to Medium Density Single Family. f, Prepared by: Travis Kraus, Planning Intern, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 (REZ11- 00016):5c: ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 1.15 ACRES OF PROPERTY LOCATED 911 N. GOVERNOR STREET, FROM COMMERCIAL OFFICE (CO -1) TO LOW DENSITY MULTI - FAMILY RESIDENTIAL (RM -12). (REZ11- 00016) WHEREAS, the applicant, Mark Holtkamp, has requested a rezoning of property located 911 N. Governor St. Iowa City, Iowa, from Commercial Office (CO -1) to Low Density Multi - Family Residential (RM -12); and WHEREAS, the Comprehensive Plan, Central District Plan, indicates that property is appropriate for Low Density Multi - Family Residential development; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for dedication of right -of -way, installation of sidewalks, appropriate location of driveway, setbacks suitable for adequate site distance, and sanitary and storm sewer easements; and WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owner and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of Co -1 to RM -12: Lots 8, 9 and 10 of Bacon's Subdivision of the south part of Block 1, DA Dewy's addition to Iowa City, IA. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 20 MAYOR ATTEST: CITY CLERK Approved by Ci y Attorney's Office Prepared by: Travis Kraus, Planning Intern, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ11- 00016) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and AB Investments (hereinafter "Owner "), and Mark Holtkamp (hereinafter "Applicant "). WHEREAS, Owner is the legal title holder of approximately 1.15 acres of property located 911 North Governor Street, Iowa City, Iowa; and WHEREAS, the Owner has requested the rezoning of said property from Commercial Office (CO -1) zone to Low - Density Multi - Family Residential (RM -12) zone; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding dedication of right -of -way, installation of sidewalks, appropriate location of driveway, setbacks suitable for adequate sight distance, and sanitary and storm sewer easements, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for compatibility with the Central District Plan, traffic safety, infrastructure improvements; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. AB Investments LLC is the legal title holder of the property legally described as: Lot 8, 9 and 10 of Bacons Subdivision of South part of Block 1, DA Dewy's addition to Iowa City, IA. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Central district plan. Further, the parties acknowledge that Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: ppdadm/agt/conditional zoning agreement holtkamp edited.doc a. Owner shall dedicate to the City the approximate 593.5 square feet shown as "proposed right of way" on the Right -of -Way Illustration, attached hereto and incorporated herein by this reference; b. Upon redevelopment, a sidewalk shall be installed along the frontage of the subject property and the two adjacent residential properties to the south to the north property line of Happy Hollow Park; c. To assure adequate sight distance, the location of the driveway is subject to the Johnson County Metropolitan Planning Organization staff approval; d. The subject property shall be developed in such a manner that the front setback will be sufficient to provide adequate sight distance for the drive, as determined by the Johnson County Metropolitan Planning Organization staff; e. Prior to issuance of any building permit for the subject property, sanitary and storm sewer easements shall be conveyed to the City. 4. The Owner, Applicant, and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2011), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner, Applicant, and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of , 20_. CITY OF IOWA CITY MARK HOLTKAMP, APPLICANT Matthew J. Hayek, Mayor Attest: Marian K. Karr, City Clerk ppdadm /agUconditional zoning agreement holtkamp edited.doc 2 OWNERS AB Investments LLC Q ` (Name, Title) Approved by: City Attorney's Office i v/a j CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on 2011 by Matthew J. Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) INDIVIDUAL ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 1 `� +� day of �3 bQ , 20 1 k , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Mxrk k4 \ \ \� Yv,T_, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. Nota lic in and or the S ate of Iowa My commission expires: '11311`l LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 3 `d day of IVoVErABFrz A.D. 20 /1 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ppdadm /agt/condilional zoning agreement holtkamp edited.doc 3 r, to me personally known, who being by me duly sworn, did say that the lSerson is OwAieg- (title) of 46 Z„���� -Sy L-r- , and that said instrument was signed on behalf of the said limited liabili%L, company by authority of its managers and the said 1,neAra %,e e vacknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. 'r AJs SOND.AE FORT 0 Commission Number 159791 Notary Nota Public in and for the State of Iowa My Com`� Expires tow My commission expires: 3171.VA-1- ppdadm /agUconditional zoning agreement holtkamp edited.doc 4 Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright First Consideration 11/22/2011 Vote for passage: AYES: Dickens, Mims, Wilburn„ Bailey. NAYS: Champion, Hayek, Wright. ABSENT: None. Second Consideration Vote for passage: Date published Prepared by: Nick Benson, Planning Intern, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. 11 -4456 AN ORDINANCE AMENDING TITLE 14, ZONING CODE, ARTICLE 213-8, 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 -seven 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 housing options for Iowa City's growing senior population, including elder apartment housing as defined in Title 14 of the Code of Ordinances of the City of Iowa City; and WHEREAS, 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; and WHEREAS, adding a 25 percent elder apartment housing density bonus option in all multi - family zones except for the Neighborhood Stabilization Residential Zone (RNS -20) will provide an incentive for developers to build elder apartment housing while ensuring that densities are in keeping with the rest of the zone; and WHEREAS, requiring all developments that utilize the density bonus option to reserve individual dwelling units for elders and /or persons with disabilities and make individual dwelling units and communal spaces handicap accessible, as well as restricting the number of bedrooms allowed in each dwelling unit, will ensure that the purpose of the code amendment is met; and WHEREAS, the Planning and Zoning Commission has reviewed this zoning code amendment and recommends approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. By adding a subsection C entitled "Elder Apartment Housing Density Bonus Option" to Section 14- 2B-8, 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; b. All individual dwelling units and any communal space must be handicap accessible, as defined in the Iowa Administrative Code Section 661 - 302.20; c. No more than 10 percent of all individual dwelling units can contain more than 2 bedrooms; d. 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; and e. Owners shall maintain a valid rental permit, 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. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Ordinance No. 11 -4456 Page 2 Passed and approved this 21stday of November 120 11 MAYOR ATTEST:L� -�J CITY—CLERK Approved by City Attorney's Office Ordinance No. 11 -4456 Page 3 It was moved by Wilburn and seconded by Bail ey that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek x Mims x Wilburn _ x Wright First Consideration 11/1/2011 Vote for passage: AYES: Champion, Hayek, Mims, Wilburn, Wright, Bailey. NAYS: None. ABSENT: Dickens. Second Consideration -------------------------- Vote for passage: Date published 12/1/2011 Moved by Wilburn, seconded by Bailey, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES:Dickens, Hayek, Mims, Wilburn, Wright, Bailey, Champion. NAYS: None. ABSENT: None. Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ11- 00013) ORDINANCE NO. 11 -4457 AN ORDINANCE AMENDING THE PLANNED DEVELOPMENT OVERLAY HIGH DENSITY SINGLE FAMILY (OPD /RS -12) PLAN FOR 2.73 -ACRES OF LAND LOCATED AT 2785, 2829 AND 2871 HEINZ ROAD. (REZ11- 00013) WHEREAS, On August 16, 2005, the City Council adopted Ordinance Number 05 -4171 approving a Planned Development Overlay (OPD) Plan for portions of Saddlebrook Addition Part 1, Lot 3; and WHEREAS, the applicant, Mane Gate LLC, has requested a rezoning to amend the Planned Development Overlay High Density Single Family (OPD /RS -12) Plan for portions of Saddlebrook Addition Part 1, Lot 3, located at 2785, 2829 and 2871 Heinz Road to allow ground floor residential uses in lieu of commercial space and to remove the requirement to build 20 garage spaces shown on the original approved OPD Plan; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed amendments to the OPD Plan and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The amended OPD Plan, attached hereto and incorporated herein by this reference, for the property described below is hereby approved: A portion of the Lot 3, Saddlebrook Addition, Part 1 in Iowa City, Iowa as recorded in Recorder's Plat Book 37, Page 94 lying in the E 1/2 SW 1/4 and the SE 1/4 of Section 24, T. 79 N., R. 6 W., of the 5th P.M., Johnson County, Iowa, described as follows: Beginning at the NW Corner of said Lot 3; thence N89 °56'44 "E - 235.51 feet along the north line of said Lot 3; thence S09 o 42'27 „ E - 349.64 feet along east line of said Lot 3; thence southerly - 91.85 feet along said east line of Lot 3 along a 2007.00 foot radius curve concave easterly with a central angle of 2 °37'19” and a chord of S11 °01'07 "E - 91.84 feet; thence S89 °38'31 "W - 311.34; thence N00 005'24 "W - 436.50 feet along the west line of said Lot 3 to the Point of Beginning. Said Parcel contains 2.73 acres. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and OPD Plan and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 21 stday of November, 2011. I 11A ner. ateNE � ► ATTEST:��! c�� Approved bCC CITY CLERK City Attornece /O U- Y4 r Ordinance No. _i i-4457 Page 2 It was moved by Mims and seconded by Champion that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek g Mims x Wilburn x Wright First Consideration 10/18/2011 Vote for passage: AYES: Dickens, Hayek, Mims, NAYS: None. ABSENT: None. Second Consideration 11/1/2011 Vote for passage: AYES: Hayek, Mims, Wilburn, ABSENT: Dickens. Date published 12/1/2011 Wilburn, Wright, Bailey, Champion. Wright, Bailey Champion. NAYS: None. 8��� �g E � �'��11 ■A c0 P) Y 5 �d$ � �U�`�•Rm� O. 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Washington Street, Iowa City, IA 52240; 319 - 356 -5041 ORDINANCE NO. 11 -4458 ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, ENTITLED "TAXICABS," BY ADDING THE DEFINITION OF CALIBRATOR TO SECTION 5 -2 -1, "DEFINITIONS; AMENDING SECTION 5 -2 -2 TO CLARIFY COMPANY RESPONSIBILITY WHEN A VEHICLE IS NO LONGER OPERATING AS A TAXI; AMENDING SECTION 5 -2 -7 TO PROVIDE PROVISIONS FOR ONE RATE PER COMPANY PER CALIBRATION FORM; AND SECTION 5 -2 -8 BY REMOVING THE OPTION OF OWNER NAME INSTEAD OF BUSINESS NAME. WHEREAS, City Code sections 5 -2 -1 established definitions for enforcement of a taxicab ordinance; 5 -2 -2 establishes requirements for operating a taxicab business; 5 -2 -7 sets out provisions for rates and rate changes; and 5 -2 -8 sets out provisions for vehicle requirements; and WHEREAS, City Council wishes to define calibrator, establish company responsibility for vehicles no longer meeting the requirements to be licensed, clarify one rate per company per rate card and outline procedures for rate changes; and WHEREAS, it is in the best interest of the City to amend current regulations for "taxicabs ". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," is hereby amended as follows: 5 -2 -1: DEFINITIONS. CERTIFIED CALIBRATOR: Individual who possesses a certificate showing completion of a taximeter calibration course. Said certificate must state the individual qualifications to program, calibrate, repair and maintain a taximeter. Said certificate must also include the name of the meter manufacturer(s), and models for which the individual is qualified to calibrate. Said certificate must be filed with the city equipment superintendent or designee for all vehicles starting with the 2012 licensing year. 5 -2 -2: TAXICAB BUSINESS LICENSE; VEHICLE DECALS: D. DECALS 3. Issuance Or Denial Of Decal; Nontransferability: d. The applicant shall return the decal and remove the bubble light and lettering immediately when the vehicle is no longer operating as a taxicab. Failure to comply with this provision is grounds to revoke the taxicab business license. 5 -2 -7: RATES; HOURS; COMPLAINTS: 3. Rates must be based on time, distance, or a combination thereof. A rate based on distance includes destination rates. A rate based on time must utilize a taximeter. All other rates, charges, or fees, except for extra rider stipulations and clean up rates, are prohibited. Only one rate may be certified by the calibrator at one time, and said rate must match the rate card filed in the city clerk's office and verified by the city equipment superintendent or designee. 5 -2 -8: VEHICLE REQUIREMENTS: A. Lettering Required: Each taxicab shall have the name of taxicab business on each side of the vehicle in letters at least two inches (2 ") in height. Pedicabs and horsedrawn vehicles may use lettering smaller than two inches (2 "). Removable signs shall not be allowed. SECTION ll. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Ordinance No. 11 -4458 Page 2 SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall apply to taxicab business licenses effective March 1, 2012 and inspections that apply to licenses issued for the time period beginning March 1, 2012. Passed and approved this 2?nd day of November , 2011. ATTEST: _//'1/! _ ri e. /i2i CITY CbERK Ap ed 1= � ( ( — I :�', _( City Attorney's Office Ordinance No. 11 -4458 Page 3 It was moved by Bailey and seconded by Champion that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _x_ Bailey x Champion x Dickens x Hayek x Mims x Wilburn x Wright First Consideration 11/1/2011 Vote for passage: AYES: Hayek, Mims, Wilburn, Wright, Bailey, Champion. NAYS: None. ABSENT: Dickens. Second Consideration - Vote for passage: Date published 12./1/2011 Moved by Bailey, seconded by Mims, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Dickens, Hayek, Mims, Wilburn, Wright, Bailey, Champion. NAYS: None. ABSENT: None. Y= Prepared by: Marian Karr, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5041 ORDINANCE NO. ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS =11TION LICENSE REGULATIONS," CHAPTER 2, ENTITLED "TAXICABS," BY ADDING THE OF CALIBRATOR TO SECTION 5 -2 -1, "DEFINITIONS; AMENDING SECTION/5-2-2 TO CLARIFY COMPANY RESPONSIBILITY WHEN A VEHICLE IS NO LONGER ERATING AS A TAXI; AMENDING SECTION 5 -2 -7 TO PROVIDE PROVISIONS FOR NE RATE PER COMPANY PER CALIBRATION FORM; AND SECTION 5 -2 -8 BY REM O ING THE OPTION OF OWNER NAME INSTEAD OF BUSINESS NAME. REAS, City Code sections 5 -2 -1 establishes def itions for enforcement of a taxicab ordinance; 5 -2 -2 est ishes requirements for operating a taxicab siness; 5 -2 -7 sets out provisions for rates and rate changes, and 5 -2 -8 sets out provisions for vehicle r quirements; and WHEREA , City Council wishes to define calibrat , establish company responsibility for vehicles no longer meeting th requirements to be licensed, clar' y one rate per company per rate card and outline procedures for rate anges; and WHEREAS, it is in a best interest of the City t amend current regulations for "taxicabs ". NOW, THEREFORE, E IT ORDAINED BY T CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDM TS. 1. Title 5, entitled "Busi ss and License egulations," Chapter 2, entitled "Taxicabs," is hereby amended as follows: 5 -2 -1: DEFINITIONS. CERTIFIED CALIBRATOR: Individual o ossesses a certificate showing completion of a taximeter calibration course. Said certificate musts a the individual's qualifications to program, calibrate, repair and maintain a taximeter. Said certificate t also include the name of the meter manufacturer(s) and models for which the individual is qualifie to c librate and the time period during which the individual is qualified to calibrate. Said certificate mu be file with the city equipment superintendent or designee for all vehicles starting with the 2012 licens g year. 5 -2 -2: TAXICAB BUSINESS LICEN E; VEHICLE DEG' ALS: D. DECALS 3. Issuance Or Denial Of ecal; Nontransferability: d. The applicant sh I return the decal and remove the bub e light and lettering immediately when the vehicle is no I ger operating as a taxicab. Failure to co ply with this provision is grounds to revoke the taxic business license. , 5 -2 -7: RATES; HOUR'S; COMPLAINTS: 3. Rates must be ased on time, distance, or a combination thereof. A rate based on distance includes destination rates. rate based on time must utilize a taximeter. All other rates,` charges, or fees, except for extra rider sti ulations and clean up rates, are prohibited. Only one rate may be certified by the calibrator at one Pme, and said rate must match the rate card filed in the city clerk's office and verified by the city equipmqht superintendent or designee. 5 -2 -8: VEHICLE REQUIREMENTS: A. Lett ring Required: Each taxicab shall have the name of taxicab business on each side of the ve cle in letters at least two inches (2 ") in height. Pedicabs and horsedrawn vehicles may use le ering smaller than two inches (2 "). Removable signs shall not be allowed. Ordinance No. Page 2 SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or, unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section„ provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall apply to to icab business licenses effective March 1, 2012 and inspections that apply to licenses issued for the time p iod beginning March 1, 2012. Passed and approved this day of 20 MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office M-Ij Prepared by: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52246 (319) 356 -5030 ORDINANCE NO. 11 -4459 CONSIDER AN ORDINANCE AMENDING TITLE 1, "ADMINISTRATION ", CHAPTER 8, "ADMINISTRATIVE SERVICE DEPARTMENTS ", SECTION 1 -8 -1, "ADMINISTRATIVE SERVICE DEPARTMENTS ORGANIZED" TO UPDATE THE TITLES OF DEPARTMENTS AND THE HEADS THEREOF AND AMENDING SECTION 1 -8 -3 "DEPARTMENT HEADS" TO ESTABLISH A RESIDENCY REQUIREMENT FOR DEPARTMENT HEADS WHEREAS, some restructuring within the City organization has resulted in name changes to departments and their department head; and WHEREAS, the City has traditionally required City department heads to live within Iowa City's boundaries as a condition of employment; and WHEREAS, the City Manager recommends this ordinance amendment to accurately reflect the names of departments and the titles of said department heads within the City as well as to codify the past practice of requiring department heads to live within Iowa City municipal limits. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Title I, "Administration ", Chapter 8, "Administrative Service Departments ", Section 1 -8 -1, "Administrative Service Departments Organized ", shall be amended by striking "Department of human relations" and "Assistant city manager" and replacing "Department of parking and transit" with "Department of transportation services" and replacing "Director of parking and transit" with "Director of transportation services ". B. Title I, "Administration ", Chapter 8, "Administrative Service Departments ", Section 1 -8 -3 "Department Heads" shall be amended by the addition of the following: G. Reside within the municipal limits of the City of Iowa City. These residency requirements are a condition of employment. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this 22nd day of November , 2011. MAYOR LCity ATTEST: ka CITY CLERK is —c� —// Ordinance No. 11 -4459 Page 2 It was moved by Wilburn and seconded by Bailey that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek x Mims x Wilburn X Wright First Consideration 11/1/2011 Vote for passage: AYES: Mims, Wilburn, Wright, Bailey, Champion, Hayek. NAYS: None. ABSENT: Dickens. Second Consideration --------------- - Vote for passage: Date published 12/1/2011 Moved by Wilburn, seconded by Bailey, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Mims, Wilburn, Wright, Bailey, Champion, Dickens, Hayek. NAYS: None. ABSENT: None. I Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 3197-356 -5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 3, "FINANCE, TAXATION AND FEES "OF THE CITY CODE TO ADD A NEW CHAPTER ESTABLISHING THE IOWA CITY DOWNTOWN SELF - SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT (SSMID) PURSUANT TO THE PROVISIONS OF CHAPTER 386, CODE OF IOWA; AND PROVIDING FOR THE ESTABLISHMENT OF AN OPERATION FUND AND THE LEVY OF AN ANNUAL TAX IN CONNECTION THEREWITH. WHEREAS, the City of Iowa City is authorized by Chapter 386, Code of Iowa (the "Act ") to create a self- supported municipal improvement district in the City, to provide for the existence and operation of such district, to provide for the maintenance of improvements or self - liquidating improvements for such district, and to levy taxes with respect to such district, all as more specifically defined in the Act; and, WHEREAS, a petition (the "Petition ") was filed with the City Clerk on August 25, 2011 pursuant to the Act petitioning the City Council to create the Iowa City Downtown Self- Supported Municipal Improvement District (the "Proposed District "), to establish an operation fund with respect to the Proposed District, and to levy an annual tax for such fund for a period of four years, all for the purpose of paying the operational expenses of the Proposed District. WHEREAS, the Petition is in compliance with the provisions of the Act; and, WHEREAS, on September 6, 2011, the City Council received the Petition and referred it to the City's Planning and Zoning Commission for review in accordance with the Act; and, WHEREAS, on October 4, 2011 the City Council received the report of the City's Planning and Zoning Commission on the merit and feasibility of the Proposed District; and, WHEREAS, on October 4-, 2011, the City Council scheduled a public hearing for November 1, 2011, at 7:00 P.M., at which it proposed to take action for the establishment of the Proposed District, and did direct that notice of such hearing be given in accordance with the Act; and, WHEREAS, notice of the hearing was published in the Iowa City Press Citizen on 2011, and a copy of such notice was mailed by certified mail on , 2011, to all the owners of record of real property located within the Proposed District as shown by the records of the Johnson County Auditor, in satisfaction of the notice requirements of the Act; and, WHEREAS, at the aforementioned time and place, the City Council did meet and hear all owners of property in the Proposed District and residents of the City desiring to express their views with respect to the establishment of the Proposed District; and, WHEREAS, on 2011, the City Council closed the public hearing on the creation of the Proposed District and found that the Petition and the Proposed District satisfied the applicable requirements imposed by the Act; and, WHEREAS, more than thirty days has now passed since the public hearing on the creation of the Proposed District was closed, and no petition has been filed with the City Clerk opposing the creation of the Proposed District. NOW THEREFORE, BE IT ORDAINED, by the City Council of the City of Iowa City, Iowa, Section I. That a new Chapter 7 entitled "Iowa City Downtown Self Supported Municipal Improvement District" shall be added to Title 3, "Finances, Taxation and Fees" of the City Code, as follows: 1. In accordance with Iowa Code Chapter 386 there is hereby established and created in the City of Iowa City, a self- supported municipal improvement district as defined in the Act, the name of which shall be the "Iowa City Downtown Self- Supported Municipal Improvement District" (herein the "District "). 2. The District shall include all property within the following described boundaries: 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 585 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 3. It is hereby found and determined that all of the property within the District is similarly related so that the present and potential use or enjoyment of the property is benefitted by the condition, performance of administration, redevelopment, revitalization and maintenance of the District and the owners of property in the District have a present and potential benefit from the condition, performance of administration, redevelopment, revitalization and maintenance of the District. 4. Pursuant to the provisions of the Act, there is hereby established and created a self - supported municipal improvement district operation fund with respect to the District to be known as the "Iowa City Downtown Self- Supported Municipal Improvement District Operation Fund" (herein the "Operation Fund "), for which the City may certify taxes (the "Operation Tax ") against the property, as defined in the Act (excluding property assessed as residential property for property tax purposes), within the District (the "Property ") each year, in addition to all other taxes, commencing with the levy of taxes for collection in the fiscal year beginning July 1, 2012 for the purposes of paying the administrative and operational expenses of the District, as defined and authorized in the Act or paying part or all of the maintenance expenses of "improvements" or "self- liquidating improvements ", as defined in the Act, for a period of four (4) years. 5. The City may disburse the amounts collected in the Operation Fund, in accordance with the recommendations of a SSMID Advisory Board as described in paragraph 7 of the Petition. Any such disbursements shall be made to a SSMID Board, as described in paragraph 6 of the Petition and established in accordance therewith, for one or more of the following purposes: 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 Supporting Municipal Improvement District Board and to fulfill the intent of the Petition. 6. The rate of the Operation Tax to be levied annually, in addition to all other taxes, as aforesaid, shall not exceed a rate of two dollars ($2) per one thousand dollars ($1,000) of 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 unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this day of 2011. MAYOR ATTEST: CITY CLERK pploved by City Attorney's Office Ordinance No. Page It was moved by and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright First Consideration 11/1/2011 Vote for passage: AYES: Bailey, Mims, Wilburn, ABSTAINING: Hayek, Champion. Second Consideration 11/22/2011 Vote for passage: AYES: Bailey,Mims, Wilburn, ABSTAINING: Hayek, Champion, Dickens. Date published that the Ordinance Wright. NAYS: NONE. ABSENT: Dickens. Wright. NAYS: None. ABSENT: None. olm� ( l (A�/� V4/ r. V 1 0 CL i A 11 _, drsax. iSm 211111,0' I G P - 12: j v N C U �L pA O � V 4— � O N - N v i O "O 0 � / W 1 Q d L N � C � cu 3 L o Q o � _ L f0 O {r Q Q tir E 4 .. a L d � L �S O VN 11 9 hA 0 CL CL X H 1 I I'M! 16 P. • 41 CU 0- 0 4- 0 -0 CL 0 T O CL aj N 4� co 0 Qi I- I O L A i r•� U :4i 0 E 2: 4 m en N Q M 1 L i ye LJ v a p o a N �- \ V h N 0 'a a Q Cl- 4- M H C s N C au Q a 41 4- Q � -c3 N L � � N 'L 41 t6 0 cto_ Y Q {FY Y� m A •!L 0 J Z. (a L � Gj m c w 3 a 0 , ^1�1 !N buo c 047 0 CL CL A p (37— I1 0 S P It"': 141 41 .0 L (U 0 4— O _0 CL a 0 I En cu 0 4— cc 0 cu m 0 C _r_ to ai 0 CL CL X 41 4� CL 0 0- 0 cn 'n 0 CL 0 m CU .> 4� CU o CL CL) 4-- = 0 _0 (1) cu 41 0 CL w 0 Mo c 0 CL CL Xr-ld —C U 0 CIA' T U O 0 Ul) O Z ar aj o CL 0 aj 4- cu CLO 4- cts Z — C cu .2 CL 0 CITY OF IOWA CITY 12 ul! p i MEMORANDUM- Date: November 15, 2011 To: City Manager From: Police Chief Hargadine Re: Automated Red Light Camera Enforcement for November 22, 2011 City Council Introduction: As communities across the United States seek to improve public safety by reducing traffic violations, several communities have successfully implemented photo enforcement programs in Iowa, including Cedar Rapids, Des Moines, Davenport, Council Bluffs, and others. City Council asked staff to proceed with next steps toward implementing a red light photo enforcement program for Iowa City. Discussion of Solution: In October, staff issued a request for proposals to photo enforcement system vendors. Interview(s) will be scheduled in November and a contract with the staff recommended vendor will be submitted for consideration by Council in December. In the meantime, I have enclosed the ordinance amendment that will enable staff to implement a red light camera enforcement program. The proposed automated enforcement systems will be enacted through this local, municipal ordinance — and civil fine schedule — which are allowed by the Code of Iowa, though they do not supersede adopted traffic laws. To be clear, the proposed ordinance (attached) will permit camera enforcement for red -light running violations only, not speed limit violations. Recommendation: There is potential to improve public safety with revenue generated by these systems, as well as reduced personal injury and property damage. A study by the Center for Transportation Research & Education at Iowa State University found red light running (RLR) crashes decreased 20% in Davenport and 90% in Council Bluffs where RLR camera enforcement was used. Fewer collisions equate to fewer injuries and less property damage. In light of success of similar programs across Iowa, staff recommends enacting the attached ordinance enabling a photo enforcement program in Iowa City. Staff recommends enacting the attached code amendments to enable red light running photo enforcement. Feel free to contact me in advance at 356 -5271 or Sam- Hargadine(aD-lowa- City. org with any questions. Enclosed: Ordinance amending Title 9, entitled, "Motor Vehicles and Traffic" CC: Kris Ackerson, Metropolitan Planning Organization John Yapp, Transportation Planner CADocuments and Settings\mkarr \Local Settings \Temporary Internet Files \Content.0ut1ook \110CYG8DWIemo to Council-1 1 9 11.doc Marian Karr From: jcwconsult @aol.com Sent: Friday, November 18, 2011 2:25 PM To: Council; Eleanor M. Dilkes; Tom Markus; Ron Knoche; Sam Hargadine; Rick Wyss; Jim Steffen; Rick Fosse; Wendy Ford Cc: jcwconsult @aol.com Subject: Possible red light camera program Attachments: HB821_PA_Oral_Final_11- 11.doc; HB821 _PA_Written_Final_11- 11.doc Dear Iowa City Officials, I am one of many National Motorists Association (NMA) members who closely follow the issue of red light cameras. We frequently see reports of the negative effects on safety for cities that use red light cameras, often in the form of increased accident rates at camera intersections. We also frequently see reports of the positive effects on safety for cities that revise their traffic light engineering parameters, instead of using red light cameras. In almost every case, proper engineering of the lights - particularly in the use of longer yellow intervals - will reduce violations by more than ticket cameras. And the engineering changes achieve substantial reductions in violations on day one, with no need to punish citizens for tenths -of- seconds technical fouls caused by faulty engineering that is easily improved at almost no cost. If improved intersection safety, and not camera ticket revenue, is the true goal for Iowa City, then I urge the city to thoroughly implement all of the low cost traffic safety engineering improvements before any further consideration is given to installing red light cameras as a business partner of one of the vendors of these systems. The NMA was invited to testify at a hearing about red light camera programs before the House Transportation Committee at the Pennsylvania State Legislature on November 14th. I was chosen as the speaker and presented both oral and written testimony to the committee. The testimony sections are attached, with many references to the unbiased research done by organizations with no financial conflicts of interest in the use, or non -use, of cameras. We would welcome a dialogue with any of you and would hope to see Iowa City first pursue the engineering changes that almost always improve safety and reduce violation rates by more than ticket camera programs. We are confident that if you choose this route, your city will no longer see any need for red light cameras. In closing, we would also note that once installed ticket cameras usually provoke a significant backlash from the citizens. To date, there have been 23 cities that allowed citizens the opportunity to vote on using or continuing to use automated ticket cameras. The cameras lost 22 of the 23 votes. It is easy to craft a poll to get positive responses on the future use of ticket cameras before citizens experience the effects. It is almost impossible to get a positive vote on using the cameras, once citizens experience the actual results. Respectfully, James C. Walker Member - National Motorists Association www. motorists. org 2050 Camelot Road Ann Arbor, MI 48104 734 - 668 -7842 Testimony for the House Transportation Committee on HB 821 Regarding Future Red Light Camera Programs in Pennsylvania National Motorists Association 402 W. 2nd Street November 14, 2011 by James C. Walker 2050 Camelot Road Waunakee, WI 53597 Ann Arbor, MI 48104 608- 849 -6000 734 - 668 -7842 ORAL TESTIMONY Mr. Chairman, Members of the Committee, and guests; thank you for the opportunity to provide testimony about the potential future of red light camera programs in Pennsylvania. It is a very important traffic safety topic for all Pennsylvania citizens and visitors. My name is Jim Walker and I have been an active member of the National Motorists Association for 16 years. I testify frequently for the NMA on motorists' and traffic safety issues at our state legislature in Lansing. The NMA is a drivers' rights organization with members in all 50 states, the District of Columbia and Canada. One of our main goals is to see that all traffic laws and their enforcement procedures are directed at safety, and only at safety, never at revenue. The NMA is opposed to the use of red light cameras. We ask that House Bill 821 and the related Senate Bill 595 not become law. We further ask that the pilot program for red light cameras in Philadelphia be allowed to permanently expire on December 31, 2011. Our objections to red light cameras can be classified into three major categories: Red light cameras are about maximizing revenue, not maximizing traffic safety, and red light camera programs often increase accident rates, which is unacceptable. There are less expensive and more effective ways of enhancing intersection safety, ways that are discouraged or sometimes virtually prevented by the use of red light cameras. An individual's right to due process is subverted and the vehicle owner is considered guilty until proven otherwise, a process that is backwards to the American justice system. If intersection safety is truly the primary concern, then red light cameras are not the answer. First, the Philadelphia Inquirer recently reported police data that show accidents are up at red light camera intersections and I was quoted in the article. http://articles.philly.com/2011-lO- 251news130320420 1 red -lLyht- cameras - automated - red -li hg t- enforcement - red - light- intersections /3 We think increased accidents alone should speak loudly to the Legislature that it is time to end the program in Philadelphia, and not expand it to other cities. To me it is the Hippocratic Principle — First Do No Harm. Philadelphia has one of many red light camera programs where unbiased research reveals increased accidents. "Unbiased" means reports by groups with no financial conflicts of interest in the outcome of their research. This should make results of data from camera companies very suspect, if not outright excluded. We also trust official police data in Philadelphia as unbiased, over data from the Philadelphia Parking Authority which has a vested interest. And we believe data from groups like the Insurance Institute for Highway Safety (IIHS) which strongly supports red light cameras should be examined carefully for bias. A University of South Florida report is sharply critical of IIHS research methods and conclusions about the safety benefits, or lack of benefits, for red light cameras. http://www.thenewspgper.com/newsl34/3413.gM Early reports of the Philadelphia program in 2005 showed increased accidents at the first camera sites, as reported in the Philadelphia Weekly using police data. http: / /Www.philadelphiaweekly. com/ news - and - opinion /red - light — district - 38401769. html PENNDOT officials said then it was "premature" to judge the effectiveness of the red light cameras, yet the current police data confirm the concerns about increased accidents at camera sites were quite valid, and remain a continuing problem. My written testimony includes studies from many places in the U.S., Canada and Australia that document increases in accident rates after red light cameras were installed. And has anyone noted the irony of camera company presentations showing terrible intersection crashes — recorded by red light cameras that did NOT prevent the crashes? Most t -bone crashes are caused by late entries from 2 to over 5 seconds into the red, often by impaired or distracted drivers who are very unlikely to be influenced by red light cameras. The new Public Information Research Group (PIRG) report details many ways red light camera contracts are crafted to emphasize revenue, sometimes with reduced safety. The report explains how privatized contracts limit data transparency so the public cannot make fair evaluations of programs. And the report exposes improper lobbying by camera companies plus the use of sham organizations that look like grass -roots groups favoring cameras, but are actually composed of, or heavily supported by, camera companies. The PIRG report shows examples where camera companies aggressively resist ending contracts early when cities or citizens became dissatisfied, most dramatically in Houston where ATS threatened to demand $25 million to end the contract early. If red light cameras are not the answer to increased intersection safety, what is the answer? The most effective way to dramatically reduce red light violations and intersection accidents is to use safer, longer yellow intervals. A 2003 Texas Transportation Institute study concluded an increase of 0.5 to 1.5 seconds in yellow intervals decreases red light violations by at least 50 percent. Other studies show longer yellows reducing violations by 60% to 90 %. The same study showed about 80% of all violations occur in the first one second of yellow. Yet many cities set yellows about one second too short for the ACTUAL approach speeds, by using commonly under - posted speed limits as the untrue approach speeds. And almost all drivers caught in the first few tenths of a second of red will clear the intersection before cross traffic arrives, so they present little or no safety risk. Please consider one point carefully. Every red light camera sales pitch is partly based on improving safety and reducing intersection crashes. But if red light cameras actually prevented most red light violations, how would camera companies make any money? Camera programs require high numbers of violations just to pay equipment costs, before anyone makes a profit. Reduced violations with safer, longer yellows are counterproductive to profits which are the only true motive for camera company business models. Using too short yellows to improve profits is the cause of many increased accident rates as drivers panic brake to avoid expensive camera tickets, causing rear end crashes. While many of these accidents caused by too -short yellows involve minor to moderate property damage, some studies have documented increased injuries and even fatalities. Slow- rolling right on red turns or stopping in the "wrong place" are cited in some programs. Overall, red light violations account for only about 2% of fatalities nationwide and right on red turns account for only a few hundredths of one percent of fatalities. Right on red is almost always a safe action and should not be cited unless camera videos reveal an actual safety hazard at that time. Regarding our objection with due process rights, most red light camera programs use regular mail to send a ticket to the registered owner of the vehicle several days or weeks after the alleged violation. There is usually no proof the owner ever received notification. Many don't even know they committed a violation because they never saw the signal turn to red. Some have no real way to know who was driving at the time. The owner is presumed guilty until they prove their innocence, which is often an impossible task. If the person contests their ticket, the right to confront the accuser is impossible, because a machine cannot be cross examined. A police officer or camera company employee who certifies the violation did not witness the event and cannot be questioned about the details or circumstances. This problem is compounded because many court rules prohibit proper discovery procedures. Some California courts have ruled photo evidence is hearsay when no camera company person is present to testify to the evidence, and more court challenges are likely. ht(p:llthenewspaper.com/newsl33/3373.as p The entire procedure is unfair and contrary to our system of American justice where a person is presumed innocent until proven guilty and has the right to confront their accuser. The entire system is designed for revenue generation, not safety. I have one last point. We know of 23 cities where citizens could vote for or against cameras. And real votes are FAR more definitive than polls. Cameras lost in 22 cities and the data are attached. The only win for cameras was last Tuesday in East Cleveland where the city sent off duty police officers in uniform in police cruisers to go door to door asking voters to retain the cameras. They used a kind of moral blackmail by telling voters that 36 police officers, 14 firefighters and 10 other workers would lose their jobs without the ticket camera revenue. We think East Cleveland should be "the poster child" of what is wrong with red light camera programs. Cities become addicted to the revenue from cameras and, rather than seek lower violation rates and greater safety with better engineering, they have to keep the deliberately improper engineering in place to maintain the revenue stream. In closing, the NMA believes the real answer is to prohibit red light cameras entirely so cities are forced to engineer for maximum SAFETY, not for ticket revenue. We ask that the Philadelphia program be ended and that no further red light camera systems be allowed in Pennsylvania. Thank you. I would be happy to take any questions. Respectfully, James C. Walker Testimony for the House Transportation Committee on HB 821 Written Testimony in Support of Oral Testimony National Motorists Association 402 W. 2nd Street Waunakee, WI 53597 608- 849 -6000 November 14, 2011 by WRITTEN TESTIMONY THE CASE AGAINST RED LIGHT CAMERAS James C. Walker 2050 Camelot Road Ann Arbor, MI 48104 734 - 668 -7842 The National Motorists Association (NMA) opposes the use of red -light cameras. These cameras serve no purpose other than revenue generation. Traffic authorities should utilize properly installed and properly calibrated traffic lights to manage traffic flow effectively with maximum safety. Red light cameras make our roads less safe by causing more red light violations than properly calibrated lights will produce and by creating sudden driver reactions that often raise rear end crashes. The NMA's objections to the use of red cameras include: • Red light cameras are almost entirely about revenue, not safety • Needed intersection safety improvements are not done, to maintain ticket camera income • Red light cameras often cause an increase in traffic accidents at those intersections • The hypocrisy of claiming that red light cameras are all about safety despite many examples of camera programs being shut down after becoming unprofitable. • Ticket recipients are not promptly or verifiably notified • The driver of the vehicle is not positively identified • The vehicle owner is presumed guilty until proven innocent (regardless of the driver) • There is no certifiable witness to the alleged violation • Citizens have voted down photo enforcement almost every time it has appeared on a ballot Included with this packet of information are summaries of the following studies and case histories: ❖ Red Light Cameras Increase Accidents (Washington Post) - executive summary ❖ Investigation of Crash Risk Reduction Resulting from Red -Light Cameras in Small Urban Areas (North Carolina Agricultural & Technical State University) - executive summary ❖ Red Light Running Cameras: Would Crashes, Injuries and Automobile Insurance Rates Increase if they are used in Florida? (University of South Florida) - executive summary ❖ Virginia DOT Study on Red -Light Cameras (Virginia Department of Transportation) - summary ❖ A Long Term Study of Red Light Cameras and Accidents (Australian Road Research Board) — summary ❖ Evaluation of the Red - Light- Camera - Enforcement Pilot Project (Ontario Ministry of Transportation) — summary ❖ Longer Yellow Lights Dramatically Decrease Violations ❖ Fifteen States that ban red light and /or speed camera enforcement and Twenty Two Cities That Have Voted Against the Use of Red Light and /or Speed Camera Enforcement ❖ How one city achieved a vote for red light cameras with drastic measures Washington Post: Red Light Cameras Increase Accidents Analysis of accident data shows accidents doubled at intersections with red light cameras in Washington, D.C.; October 4, 2005 http:/ /www motorists. or /rimed= light- cameras /washing ton -post But a Washington Post analysis of crash statistics shows that the number of accidents has gone up at intersections with the cameras. The increase is the same or worse than at traffic signals without the devices. Three outside traffic specialists independently reviewed the data and said they were surprised by the results. Their conclusion: The cameras do not appear to be making any difference in preventing injuries or collisions. "The data are very clear," said Dick Raub, a traffic consultant and a former senior researcher at Northwestern University's Center for Public Safety. "They are not performing any better than intersections without cameras." and www.thenewspaper.com Since the District of Columbia installed its first red light camera in 1999, The Washington Post has championed use of photo enforcement technology on both its editorial and news pages. Now, five years into the program, the District's largest newspaper has discovered that accidents are up significantly as a result of their use. A comparison of accidents at camera intersections before / after they were installed produced the following results: The accident doubling effect is not a statistical anomaly, happening in 2000, 2001, 2002 and 2004. In 2003, accidents did increase, but by less than 200 percent. AAA and other critics have accused the city of installing cameras in high - volume locations where they could generate thousands of tickets, regardless of how many accidents happened there. The analysis raised questions about where police installed the cameras. Nine intersections with cameras had two or fewer crashes annually in 1998 and 1999; seven reported no crashes that led to injuries or fatalities during that period. Officials installed cameras at six of the 20 most crash -prone intersections in 1998, data show. In total, the city's photo enforcement program has issued two million red light and speed camera tickets worth $151 million. DC police have never studied the accident data and do not dispute the Post's findings. Key Statistic: The analysis shows that the number of crashes at locations with cameras more than doubled, from 365 collisions in 1998 to 755 last year. Injury and fatal crashes climbed 81 percent, from 144 such wrecks to 262. Broadside crashes, also known as right -angle or T -bone collisions, rose 30 percent, from 81 to 106 during that time frame. Article Excerpt: Douglas Noble, the chief traffic engineer for the D.C. Department of Transportation, said his office was examining crash data and plans to review the red -light camera locations. The department collects the data from police reports and advises police about where to install the devices. Noble said that no studies have been conducted on the District's red -light cameras in several years but that he "would not disagree" with The Post's analysis. "I don't necessarily have an explanation" for the trends, he said. Source: D.C. Red -Light Cameras Fail to Reduce Accidents, Washington Post, 10/4/2005 http: / /www. washingtonpost.comlwp -dyn/ content / article/ 2005/10/03lAR2005100301844.html Investigation of Crash Risk Reduction Resulting From Red -Light Cameras in Small Urban Areas July 2004 Mark Burkey, Ph.D., Kofi Obeng, Ph.D., Co- Principal Investigators Urban Transit Institute, Transportation Institute North Carolina Agricultural & Technical State University, Greensboro, NC Prepared for: U.S. Department of Transportation Research and Special Programs Administration Washington, DC 20590 Executive Summary Full report at http: / /www. motorists. org/ photoenforce lBurkey_Obeng_Updated Report_2004.pdf This paper analyzes the impact of red light cameras (RLCs) on crashes at signalized intersections. It examines total crashes and also breaks crashes into categories based on both severity (e.g., causing severe injuries or only property damage) and by type (e.g., angle, rear end). Prompted by criticism of the simplistic methods and small data sets used in many studies of red light cameras, we relate the occurrence of these crashes to the characteristics of signalized intersections, presence or absence of RLC, traffic, weather and other variables. Using a large data set, including 26 months before the introduction of RLCs, we analyze reported accidents occurring near 303 intersections over a 57 -month period, for a total of 17,271 observations. Employing maximum likelihood estimation of Poisson regression models, we find that: The results do not support the view that red light cameras reduce crashes. Instead, we find that RLCs are associated with higher levels of many types and severity categories of crashes. (emphasis added) An overall time trend during the study indicated that accidents are becoming less frequent, about 5 percent per year. However, the intersections where RLCs were installed are not experiencing the same decrease. When analyzing total crashes, we find that RLCs have a statistically significant (p <0.001) and large (40% increase) effect on accident rates. In addition, RLCs have a statistically significant, positive impact on rear -end accidents, sideswipes, and accidents involving cars turning left (traveling on the same roadway). The one type of accident found to experience a decrease at RLC sites are those involving a left turning car and a car traveling on a different roadway. When accidents are broken down by severity, RLCs were found to have a statistically significant (p <0.001) and large effect (40 -50% increase) on property damage only and possible injury crashes. There was a positive, but statistically insignificant estimated effect on severe (fatal, evident, and disabling) accidents. These results run contrary to the many studies in the RLC literature. Previous studies have sometimes found an increase in rear -end accidents, but often find offsetting decreases in other types of accidents. While this study incorporated many advances in methodology over previous studies, additional work remains to be done. Because accident studies rarely use a true experimental design and data are not perfectly observable, additional careful study of RLCs is warranted to verify our results. Red Light Running Cameras: Would Crashes, Injuries and Automobile Insurance Rates Increase If They Are Used in Florida? Florida Public Health Review, 2005; 5: 1 -7 Barbara Langland -Orban, Ph.D., MSPH, Associate Professor and Chair Etienne E. Pracht, Ph.D., Associate Professor John T. Large, PhD., Assistant Professor University of South Florida, College of Public Health, Tampa, FL Executive Summary Full report at hap: / /health. usf edu/NR/rdonlyres/C1702850-8716-4CM-8EEB- 15A2A 741061 A/ 0/ 2008pp0010080rbanetalRedLightPaperMarch 72008formattedpdf The theory behind red light cameras as potentially effective is that they rely on deterring red light running primarily through punishment of a specific driving behavior and secondarily by changing drivers' experience. By definition, the punishable behavior and resulting potentially harmful action will already have taken place when a ticket is issued. In other words, the crash, injury, and mortality risks do not change immediately, if at all. Even if red light cameras could be effective in the long run, which is debatable, they are associated with an added cost, consisting of fines, crashes and injuries that could have been avoided by using engineering solutions, which are effective in both the short term and the long run. Because the rigorous and robust studies conclude cameras are associated with increased crashes and costs, any economic analysis of cameras should include these newly generated costs to the public. Indirect costs to the public are usually not considered in the calculation of total revenues and profits generated from red light cameras. Cities and counties should follow the state's lead and likewise pursue engineering improvements to enhance intersection safety for all drivers and passengers. Proven engineering practices and counter- measures can reduce crashes and injuries due to red light running, as well as other causes of intersection crashes. A public health approach to improved intersection engineering is particularly needed since 26% of Florida's traffic fatalities occur at intersections (with and without traffic signals), in contrast to 18% nationally (NHTSA, 2005). This means that more than 22% of traffic fatalities in Florida occur at intersections for reasons other than red light running, as red light constitutes less than 4% of total traffic fatalities. Further, red light cameras are an inefficient means to raise revenue for local and state governments and can disadvantage the state's economy. Running a red light can cause severe traffic crashes especially when one vehicle runs into the side of another. Red light cameras photograph violators who are sent traffic tickets by mail. Intuitively, cameras appear to be a good idea. However, comprehensive studies conclude cameras actually increase crashes and injuries, providing a safety argument not to install them. (Emphasis added) Legislation to permit camera citations has been proposed [in Florida] since the 1990s, but none has passed to date. This paper explains red light running trends in Florida; effective solutions to reduce red light running; findings from major camera evaluations; examples of flawed evaluations; the automobile insurance financial interest in cameras; and the increased likelihood of even higher crash and injury rates if cameras are used in Florida due to the high percent of elderly drivers and passengers. Addendum by the NAM, June 2010: Florida Governor Charlie Crist recently approved legislation that allows the use of automated traffic enforcement on state roads. Virginia DOT Study on Red -Light Cameras This was a study by the Virginia Department of Transportation to support the continued use of cameras in the state. It was presented in December 2004. NAM Summary: However, the information in the study actually shows red light camera intersections to be more dangerous. The study showed a definite increase in rear -end crashes and only a possible decrease in angle crashes. It also showed an increase in total injury crashes. Full report available at: www. thenewspaper. com 1rlc 1d6cs 105 -vd6t. pdf A Long Term Study of Red -Light Cameras and Accidents David Andreassen Australian Road Research Board February,1995 NMA Comment: The conclusion of this study was that Red Light Cameras are not an effective countermeasure and may increase the number of rear end crashes, facts and data known since 1995. Summary This study has examined the long term effect on accident -types of red light cameras (RLC) at 41 signalised intersections in Melbourne. The RLC were installed in 1984, and reported accidents for the period 1979 to 1989 were used in the detailed analysis. The analysis was addressed in several ways. The first was a grouped analysis taking the predominant accident -types for all the RLC sites taken together and comparing the changes over time with the changes in the same accident -types in Metro Melbourne, in the rest of the State, and at signalized intersections in Melbourne. The second was to separately examine each accident -type for the 41 sites and look for changes over the whole period. The third was to classify the accidents at individual RLC sites according to whether it involved the approach on which the camera was installed. The fourth was to consider the frequency of each accident -type before the RLC installation and stratify the frequencies to ascertain if there was any difference in effect by initial frequency. The fifth was by considering both the camera approach and initial frequency. The sixth was to compare the changes at the RLC sites with changes in accidents at signalized intersections. The original choice of the RLC sites must be questioned. Three- quarters of the sites had initial annual frequencies of two or less reported "adjacent approaches" accidents. Low frequency sites are not good candidates for testing the effectiveness of accident countermeasures. The results of this study suggest that the installation of the RLC at these sites did not provide any reduction in accidents, rather there has been increases in rear end and adjacent approaches accidents on a before and after basis and also by comparison with the changes in accidents at intersection signals. There has been no demonstrated value of the RLC as an effective countermeasure. Full report available at www.thenewspaper.com/rlcldocsl95aussie.pdf Evaluation of the Red - Light- Camera - Enforcement Pilot Project Final Report December 2003 Ontario Ministry of Transportation NM4 Summary: This study commissioned by Ontario, Canada's Ministry of Transportation shows that those rear -end collisions can be fatal. After evaluating the performance of red light cameras at 68 sites over two years, the report concluded that jurisdictions using photo enforcement experienced an overall increase in property damage accidents of 18.5 percent coupled with a 4.9 percent increase in fatal and injury rear -end collisions. Rear -end collisions involving property damage alone jumped 49.9 percent. The study compared accident histories of intersections in Toronto, Hamilton, Ottawa, Halton, Peel and Waterloo in the pre- camera period from 1995 to 1999 and the post- camera accident history from 2000 to 2002. The report also concludes that there was an overall reduction in serious accidents and angle collisions. A closer look at the data found in this government- sponsored report show that intersections monitored by cameras experienced, overall, a 2 percent increase in fatal and injury collisions compared to a decrease of 12.7 percent in the camera -free intersections that were used as a control group (page 21). In fact, the non - camera intersections fared better than the camera intersections in every accident category. The report's overall accident conclusions would have appeared significantly worse had the camera -free intersections been excluded from the final results. Full report available at www.thenewspaper.com/rlcldocsl2003-ontario.pdf Longer Yellow Lights Dramatically Decrease Violations Loma Linda, California Straight through violations drop 92 percent after yellow lights are extended by one second full story at www. thenewspaper.com /news 13013055. asp The Loma Linda City Council was very pleased with the results of increasing the duration of yellow lights by one second in November 2009 at busy city intersections that had been previously outfitted with red -light cameras. The number of left -turn violations decreased from about 240 per month to between 25 and 30 per month as soon as the yellow lights were lengthened, a drop of 80 percent or more. Straight through occurrences of red -light violations were reduced by an even more impressive 92 percent. The City Council began exploring ways to eliminate the cameras, but not without a fight from camera vendor, Redflex Traffic Systems of Australia. San Carlos, California Engineering solutions and an extra second of yellow duration made red -light cameras a money loser Full story at www. thenewspaper. com 1news 131 /3110. asp After receiving numerous complaints from motorists about a short yellow light at a red -light camera intersection, the city found the 3.0 second timing was illegal. The standard was reset to 4.0 seconds, and in the process, the city refunded over $150,000 to drivers for the invalid tickets that were issued after the camera was installed in November 2008. After the adjustment to the yellow light interval, the number of violations for red -light running went down from ten per day to two per day. As time passed, the violation count dropped even further. The red -light camera was relocated to a higher volume intersection, where testing showed that, with the longer yellow lights, traffic flow improved and red - light violations were minimal. Further testing at other intersections failed to find a location where the ticket camera could be effective. With its photo enforcement program losing money, the San Carlos City Council voted to eliminate the red -light camera in April 2010. Springfield, Ohio Adding one extra second to its yellow lights means less tickets for Springfield Full story at www.wdtn.com /dpp /news /local /springfieldILonger yellow- light- means - less - tickets In 2006, Springfield was issuing about 1,700 red -light camera tickets per month. That monthly average has dropped over 60 percent to 667 citations in 2010, with the police noting that the biggest reason for the drop was the lengthening of yellow lights from 3.6 seconds to 4.6 seconds, except for one signal at the bottom of a hill that was increased to 5.0 seconds. Revenue from Springfield's red -light cameras dropped from a high of $786,000 in 2008 to $431,000 in 2009. Loma Linda, California California: Longer Yellows Nearly Eliminate Violations Full story at www. thenewspaper .com /news /30/3055.asp The council, on the other hand, was extremely pleased with the results of lengthening yellow lights by one second in November. The number of left -turn violations dropped 80 to 85 percent from about 240 monthly violations to about 25 or 30 a month immediately after the change. Straight through violations were reduced 92 percent. (Emphasis added) "Lengthening yellow lights has produced a tremendous drop in violations," Rigsby said. "The statistics from January are very telling. For four intersections, there were five straight through violations in total. That is tremendous improvement in safety. We're talking about huge success of lengthening the yellow lights... We could have had that safety with lengthening the yellow four years ago instead of installing red light cameras." Fifteen States that ban red light and /or speed camera enforcement and Twenty Two Cities That Have Voted Against the Use of Red Light and /or Speed Camera Enforcement From www.thenewspaper.com States That Red Light and /or Speed Camera Enforcement Alaska Minnesota New Hampshire Arkansas Mississippi South Carolina Indiana Montana Utah Maine Nebraska West Virginia Michigan Nevada Wisconsin Some measures require explanation. In Arkansas, for example, state law authorizes police to use a photo radar gun if the officer personally delivers the ticket at the time of the violation. This does no more than allow a photograph to be used in conjunction with a traditional traffic stop and serves as an unconditional ban on automated enforcement. In Utah, the legislature has placed so many restrictions on the use of photo radar -- specifically, banning outsourcing of the ticketing process to private, for -profit companies -- that no city uses speed cameras. This serves as an "effective ban" on photo enforcement. Twenty Two Cities That Have Voted Against Red Light and /or Sneed Cameras Anchorage, AK Sulphur, LA Sykesville, MD Dayton, TX Houston, TX Bellingham, WA Cincinnati, OH Steubenville, OH College Station, TX Batavia, IL Peoria, AZ Monroe, WA Baytown, TX Anaheim, CA Chillicothe, OH Longview, WA Mukilteo, WA Arlington, TX Heath, OH Garfield Heights, OH South Euclid, OH Albuquerque, NM Arlington, TX (voted down "traffic management cameras" that could be used at ticket cameras) How One City Achieved a Vote For Red Light Cameras With Drastic Measures (to our knowledge, the only time cameras have survived a public vote) November 01, 2011 East Cleveland Fate Hinges on Red Light Camera Vote Excerpts: To most local governments, it's the favored "creative" way to increase revenue during hard economic times. To most local governments, it's the favored "creative" way to increase revenue during hard economic times. "This is strictly as a result of the traffic cameras. If we lose the traffic cameras, this is the safety force scenario that we are looking at," said Mayor Norton, according to WJW -TV in Cleveland. At most, Norton is aiming to cut 36 police officers, 14 firefighters, and about 10 other city workers from their positions. Full report at http: / /politic365.com /2011 /11 /01 /east- cleveland fate- hinges -on -red- light- camera -vote/ Excerpt: In East Cleveland, city leaders went to the most extreme lengths of any contest to date to badger voters into supporting cameras using official resources. Off -duty police officers, in uniform and with their police cruisers parked on the curb, were ordered to go door -to -door to convince residents to vote to save the cameras. Last month, Mayor Gary Norton mailed layoff notices to thirty -six cops and fourteen firefighters, claiming the city would have to fire them if it lost the photo ticketing revenue. The strong - arm tactics worked, as the city picked up 54 percent of the vote. Full report at: www.thenewspaper.com/newsl36/3634.asp la_ Prepared by: Kristopher Ackerson, Asst. Transportation Planner, and Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5247, and 319 - 356 -5030 respectively ORDINANCE NO. ORDINANCE AMENDING TITLE 9, "MOTOR VEHICLES AND TRAFFIC ", CHAPTER 1, "DEFINITIONS, ADMINISTRATION AND ENFORCEMENT OF TRAFFIC PROVISIONS ", SECTION 1, "DEFINITIONS "; AND AMENDING TITLE 9, "MOTOR VEHICLES AND TRAFFIC ", TO ADD A NEW CHAPTER 11, AUTOMATIC TRAFFIC ENFORCEMENT, TO ALLOW FOR RED LIGHT AUTOMATED TRAFFIC ENFORCEMENT WHEREAS, the City of Iowa City is vested with home rule authority pursuant to Article III, Section 38A of the Iowa Constitution and Chapter 364 of the Code of Iowa; and WHEREAS, the City of Iowa City is located in a high- density traffic area and regularly experiences traffic incidents related to the failure of motorists to obey duly erected traffic control devices, exposing its citizens to the dangers of personal injury and property damage; and WHEREAS, the City is concerned with the violation of State statues concerning traffic signals, specifically the failure of motorists to stop at red lights and obey 'no turn on red signs;' and WHEREAS, apprehending motorists who fail to obey traffic control devices through law enforcement observance, chase, and citation is difficult, dangerous, and expensive and requires the City to commit additional personnel that would not be necessary with the use of automated traffic infraction detectors with image capture technologies (i.e., red -light cameras); and WHEREAS, local governments in different parts of the State of Iowa and nation have demonstrated that the combination of traffic infraction detectors with traditional traffic law enforcement methods enhances vehicular and pedestrian safety; and WHEREAS, automated traffic enforcement laws are authorized both by Iowa home rule and the Iowa Supreme Court, in City of Davenport v. Seymour, 755 N.W.2d 533 (Iowa 2008), all of which recognize the rights of municipalities to utilize traffic infraction detectors to regulate municipal traffic; and WHEREAS, the City of Iowa City finds that implementation of the enforcement program set forth in this ordinance will promote, protect, and improve the health, safety, and welfare of its citizens consistent with the authority of and limitations on the City pursuant to case law, the Constitution of the State of Iowa, and the Code of Iowa. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS Title 9, "Motor Vehicles and Traffic", Chapter 1, Definitions, Administration and Enforcement of Traffic Provisions ", Section 1, "Definitions" is amended by adding the following defined terms: AUTOMATED TRAFFIC CITATION: A notice of fine generated in connection with the automated traffic enforcement system. Page 1 of 4 2. AUTOMATED TRAFFIC ENFORCEMENT CONTRACTOR: The company or entity, if any, with which the City of Iowa City contracts equipment and /or services in connection with the Automated Traffic Enforcement System. 3. AUTOMATED TRAFFIC ENFORCEMENT SYSTEM: An electronic system consisting of a photographic, video, or electronic camera and a vehicle sensor installed to work in conjunction with an official traffic controller or police department employee to automatically produce photographs, video or digital images of each vehicle violating a standard traffic control device or speed restriction. 4. VEHICLE OWNER: The person or entity identified by the Iowa Department of Transportation, or registered with any other state vehicle registration office, as the registered owner of a vehicle. Title 9, "Motor Vehicles and Traffic ", Chapter 11, "Automated Traffic Enforcement" is added as follows: 1. General. The City of Iowa City, in accordance with its police powers, may deploy, erect or cause to have erected an automated traffic enforcement system for making video images of vehicles that fail to obey red light traffic signals at intersections designated by the city manager, or a designee. The systems may be managed by the private contractor that owns and operates the requisite equipment with supervisory control vested in the city's police department. Video images shall be provided to the police department by the contractor for review. The police department will determine which vehicle owners are in violation of the city's traffic control ordinances and are to receive a notice of violation for the offense. 2. Vehicle Owner's Civil Liability for Certain Traffic Offenses. A. The Vehicle Owner shall be liable for a fine if such a vehicle crosses a marked stop line or the intersection plane at a system location when the traffic signal for that vehicle's direction is emitting a steady red light or arrow. B. The violation may be exempted from liability as outlined below in section 5 of this chapter, and other defenses may be considered in connection with the appeal process. C. In no event will an Automated Traffic Citation be sent or reported to the Iowa Department of Transportation or similar department of any other state for the purpose of being added to the Vehicle Owner's driving record. 3. Notice of Violation; Fine. A. Notice of the violation will be mailed to the Vehicle Owner for each violation recorded by an Automated Traffic Enforcement System or traffic control signal monitoring device. The Automated Traffic Enforcement Contractor shall mail the notice within 30 days after receiving information about the Vehicle Owner. The notice shall include the name and address of the Vehicle Owner; the vehicle make, if available and readily discernable, and registration number; the violation charged; the time; the date; and the location of the alleged violation; the applicable fine and monetary penalty which shall be assessed for late payment; information as to the availability of an administrative hearing in which the notice may be contested on its merits; and that the basis of the notice is a photographic record obtained by an Automated Traffic Enforcement System. Page 2 of 4 B. Any violation of section 2 of this chapter shall result in a civil fine issued to the Vehicle Owner in an amount set by City Council by resolution, payable to the City of Iowa City. 4. Contesting an Automated Traffic Citation. A Vehicle Owner who has been issued an Automated Traffic Citation may contest the citation as follows: A. By submitting, in a form specified by the City, a request for an administrative hearing to be held at the Iowa City Police Department before an administrative appeals board (the "Board ") consisting of one or more impartial fact finders. Such a request must be filed within 30 days of the date on which Notice of the violation is sent to the Vehicle Owner. After a hearing, the Board may either uphold or dismiss the Automated Traffic Citation and shall mail its written decision within 10 days after the hearing to the address provided on the request for hearing. If the citation is upheld, then the Board shall include in its written decision a date by which the fine must be paid, and on or before that date the Vehicle Owner shall either pay the fine or submit a request for a judicial hearing pursuant to section 4(B) of this chapter. B. By submitting, in a form specified by the City, a request that in lieu of the Automated Traffic Citation, a municipal infraction citation be issued and filed with the Small Claims Division of the Iowa District Court in Johnson County. Such a request must be filed within 30 days from the date on which Notice of the violation is sent to the Vehicle Owner. Such a request will result in a court order requiring the Vehicle Owner to file an answer and appearance with the Clerk of Court, as well as setting the matter for trial before a judge or magistrate. If the Court finds the Vehicle Owner guilty of the municipal infraction, state mandated court costs will be added to the amount of the fine imposed by this chapter. 5. Exceptions to Owner Liability. There shall be no liability pursuant to this chapter if: A. The operator of the vehicle in question was issued a uniform traffic citation for the violation in question pursuant to Title 9 of the Iowa City Code or Iowa Code Chapter 321 (2011) as amended; or B. The violation occurred at any time after the vehicle in question or its state registration plates were reported to a law enforcement agency as having been stolen, provided, however, the vehicle or its plates had not been recovered by the Vehicle Owner at the time of the alleged violation; or C. The vehicle in question was an authorized emergency vehicle; or D. The officer inspecting the recorded image determines that the vehicle in question was lawfully participating in a funeral procession; or E. The officer inspecting the recorded image determines.that the vehicle in question reasonably entered the intersection in order to yield the right -of -way to an emergency vehicle. Page 3 of 4 6. Failure to Timely Pay or Appeal. If the recipient of an Automated Traffic Citation does not either pay the fine by the due date stated in the citation or appeal the citation as provided herein, late fees may be assessed, as approved by City Council through resolution, and /or a municipal infraction citation may be filed by the Iowa City Police Department and a fine may be sought in accordance with Iowa City Code Title 1, Chapter 4, Section 2(B), Violations, Penalties and Alternative Relief, rather than section 3 above. If the Court finds the Vehicle Owner guilty of the municipal infraction, State mandated court costs will be added to the amount of the fine imposed by this section. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective upon publication. Passed and approved this day of 12011. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office Page 4 of 4