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HomeMy WebLinkAbout2017-04-18 OrdinancePreparedby: John Yapp, NDS, 410 E. Washington Street, Iowa City, IA 52240; 319-356.5252 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14: CHAPTER 5, SITE DEVELOPMENT STANDARDS, ARTICLE A: OFF STREET PARKING AND LOADING, TO ELIMINATE THE PARKING REQUIREMENT FOR PROPERTIES IN THE DOWNTOWN PLANNING DISTRICT, ZONED CB -5 AND, IN PART, HISTORIC DISTRICT OVERLAY, AND TO INCREASE THE REQUIRED BICYCLE PARKING AND TO INCLUDE A REFERENCE TO THE CB -5 FORM BASED CODE EXEMPTION WHICH ALLOWS MODIFICATION OF PARKING PLACEMENT STANDARDS WHEREAS, the proposed ordinance affects properties in the Downtown Planning District, are zoned CB -5, and contains, in part, property that is zoned Historic District Overlay; and WHEREAS, the adopted Downtown and Riverfront Crossings Master Plan states that Downtown Iowa City contains a number of buildings of historic value, and that the City should take measures to preserve and actively protect these buildings; and WHEREAS, the Downtown and Riverfront Crossings Master Plan further states that in order to facilitate preservation of historic structures, density bonuses, waiver of parking requirements and other entitlements will be considered; and WHEREAS, the CB -5 zone in the Downtown Planning District is distinct in that the height and scale of buildings and subsequent parking demand is limited compared to CB -10 -zoned properties; and WHEREAS, the parking design standards for CB zones require that structured parking is not permitted on the ground floor of a building for the first 30 feet of lot depth; and WHEREAS, including a reference in the parking design standards section of the zoning code to the CB -5 Form Based Code exemption, through which structured parking design standards may be modified, is in the best interests of the public and site designers for clarity. WHEREAS, the Planning and Zoning Commission has recommended approval of the aforementioned zoning code amendments. 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. Delete 14 -5A -4B(2), MINIMUM PARKING REQUIREMENTS for the CB -10 and CB -5 Zones, and replace it with the following: 2. For properties located within the Downtown. Planning District, zoned CB -5 and, in part, Historic District Overlay, the bicycle parking requirement shall be 1.25 spaces per dwelling unit. For such properties, there shall be no vehicular parking requirement. Except for the preceding, Table 5A-1 of this section lists the minimum parking requirements and minimum bicycle parking requirements for all other properties within the CB -5 and CB -10 zones, where parking is only required for household living uses. B. Delete the title of Table 5A-1 and replace it with the following: Minimum Parking Requirements in the CB -5 And CB -10 Zones, except as otherwise set forth in 14 -5A -4B(2) above. Ordinance No. Page 2 C. Delete 14-5A-5F(1)(a) and replace it with the following: In the CN -1, CB -2, CB -5, and MU zones, structured parking is not permitted on the ground level floor of the building for the first thirty feet (30') of lot depth as measured from the minimum setback line, except as allowed by section 14-4B-4A(7f) 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 unconsti- tutional. SECTION IV. 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 2017. ATTEST: CITY CLERK Approved by: t4'1 „, At&"76VTW ,ue'6� City Attorney's Office Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: First Consideration 04/18/2017 Voteforpassage: AYES: Cole, Dickens, Throgmorton, Botchway. NAYS: None Second Consideration _ Vote for passage: Date published Botchway Cole Dickens Mims Taylor Thomas Throgmorton Mims, Taylor, Thomas, ABSENT: None. that the %b Prepared by Jann Ream, 410 E. Washington Street, Iowa City, IA 52240: 319-356-5120 ORDINANCE NO. 17-4702 AN ORDINANCE AMENDING TITLE 14, ZONING CODE, ARTICLE 5B, SIGN REGULATIONS, TO ADJUST THE SIGN ALLOWANCE FOR FASCIA (BUILDING WALL) SIGNS IN THE CENTRAL BUSINESS ZONES AND CERTAIN RIVERFRONT CROSSINGS SUBDISTRICTS WHEREAS, it is the purpose of the Zoning Code sign regulations to enhance and protect the physical appearance and safety of the community, to protect property values and to preserve Iowa City's areas of natural, historic, and scenic beauty; and WHEREAS, these regulations were recently amended to align standards in the Central Business zones with the recommendations of the Downtown District Storefront and Signage Guidelines; and WHEREAS, the sign standards in the Central Business Zones also apply to the Riverfront Crossings- South Downtown, University, Central Crossings, Park, South Gilbert and Eastside Mixed Use sub -districts; and WHEREAS, the size allowance for fascia (building wall) signs in the Central Business Zones is based on the length of the street -facing storefront fagade, however, the standard does not adequately address the sign needs of unique stand-alone or taller buildings where the side walls do not abut an adjacent building; and WHEREAS, amending the language to allow fascia signs to be sized based on the length of the building wall on which a sign is placed will accommodate signage needs for stand-alone and taller buildings without adversely affecting the proportional standards for street -facing storefront facades; and WHEREAS, for ease of reference this amendment also moves the sign regulations for the Riverfront Crossings zones from the section of the code that describes the base zone into the sign code; WHEREAS, these amendments satisfy the purpose of the sign code and are in the public interest and; WHEREAS, the Planning and Zoning Commission has reviewed the proposed changes to the sign ordinance and recommends approval; and NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. APPROVAL. The Code of Ordinances of the City of Iowa City is hereby amended as follows: A. Amend Table 5B-4: Sign Specifications and Provisions in the CB -2, CB -5, and CB -10 Zones, deleting the standards for Fascia Signs and substituting in lieu thereof: Fascia signs Square footage equal to No longer than 90%of the length of the sign wall, 1.5 times the length of sign band or storefront, whichever is most the sign wall applicable to the location of the sign. Back lit cabinet signs, where the entire face is illuminated, are prohibited. Internally illuminated plastic trim cap letter forms are prohibited. B. Delete 14 -2G -7F(9) "Signs" in the Riverfront Crossings Zones. C. Amend 14-513-8 "Signs Permitted by Zone" by adding the following as Subsection G: G. Sign Standards for Riverfront Crossings and Eastside Mixed Use Zones: 1. In the South Downtown, University, Central Crossings, Park, South Gilbert Subdistricts of Riverfront Crossings and Eastside Mixed Use Zone, signage on mixed use and nonresidential buildings shall be allowed according to the standards that apply in the CB -10 zone, except that in the South Gilbert Subdistrict the maximum sign area for fascia signs for Cottage Industries and associated uses located in existing buildings that are legally non- compliant with storefront frontage standards is 15% of the sign wall. 2. In the Gilbert subdistrict, signage for mixed use and nonresidential buildings shall be allowed according to the standards that apply in the CN -1 zone. 3. In the West Riverfront subdistrict, signage on mixed use and nonresidential buildings shall be allowed according to the standards that apply in the CC -2 zone, except that new freestanding signs shall be limited to fifteen feet (15') in height. 4. Signage for residential buildings shall be allowed according to the standards that apply in residential zones. For multi -family buildings, the larger sign area for fascia and monument signs as specified in multi -family zones applies. 5. Signs shall be integrated into the architectural design of the building and not dominate the facade or interfere with adjacent buildings. For buildings with multiple storefronts, a sign plan is required at the time of development that ensures that signage allowances are fairly apportioned according to the relative width of the individual storefronts and that the signage type and designs are consistent and complementary along the building frontage. 6. On storefront and urban flex frontages, storefront level signs shall be primarily oriented to pedestrians and scaled appropriately. Window signs and temporary signs in windows shall not block views into the interior and shall not cover more than twenty five percent (25%) of the storefront window area. 7. Sign installations shall comply with all other generally applicable sign regulations, standards, and requirements as set forth in this Article. 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 adjudicated invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 18th day of April 2017. Mayor AZpp by: ATTEST: City > z�✓b�c�csaz. �tP��� City Clerk City Attorney's Office Ordinance No. 17-4702 Page 4 It was moved by Mims and seconded by Botchway that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: First Consideration 04 Vote for passage: AYES: Thomas, Throgmorton, Second Consideration _ Vote for passage: Botchway Cole Dickens Mims Taylor Thomas Throgmorton /04/2017 Cole, Dickens, Mims, Taylor, Botchway. NAYS: None. ABSENT: None. Date published 04/27/2017 Moved by Mims, seconded by Botchway, 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, Mims, Taylor, Thomas, Throgmorton, Botchway, Cole. NAYS: None. ABSENT: None. Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 ORDINANCE NO. AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THAT AREA ADDED TO THE CITY -UNIVERSITY PROJECT 1 URBAN RENEWAL AREA PURSUANT TO THE FOURTEENTH AMENDMENT THERETO IN THE CITY OF IOWA CITY, COUNTY OF JOHNSON, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF IOWA CITY, COUNTY OF JOHNSON, IOWA CITY COMMUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, REBATES, GRANTS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH THE CITY -UNIVERSITY PROJECT 1 URBAN RENEWAL PLAN. WHEREAS, the City Council of the City of Iowa City, Iowa, after public notice and hearing as prescribed by law and pursuant to Resolution No. 16-230 passed and approved on July 19, 2016 adopted Amendment #14 to the City - University Project 1 Urban Renewal Plan (the "Urban Renewal Plan") for an urban renewal area known as the City -University Project 1 Urban Renewal Area, (the "Urban Renewal Area"), which added the area legally described as follows: Beginning at a point on the north R.O.W. line of Iowa Ave where it intersects with the east R.O.W line of Gilbert Street; Thence east along said Iowa Avenue north R.O.W. line to a point where it intersects with the east R.O.W. line of Van Buren Street; Thence south along said Van Buren Street east R.O.W. line south to a point where it intersects with the south R.O.W. line of Washington Street; Thence west along said Washington Street south R.O.W. line west to a point where it intersects with the east R.O.W. line of S. Gilbert Street; Thence north along the east R.O.W. line of Gilbert Street north to the point of beginning, also described as Block 44, Original Town, Iowa City, Iowa, according to the plat thereof, and the entirety of all right-of-way adjacent thereto not already located within the Urban Renewal Area, as amended; and WHEREAS, expenditures and indebtedness are anticipated to be incurred by the City of Iowa City, Iowa in the future to finance urban renewal project activities carried out in furtherance of the objectives of the Urban Renewal Plan; and WHEREAS, the City Council of the City of Iowa City, Iowa desires to provide for the division of revenue from taxation in that portion of the Urban Renewal Area added pursuant to the 14th Amendment, as above described and hereafter referred to as "2016 Amended Area", in accordance with the provisions of Section 403.19 of the Code of Iowa, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the taxes levied on the taxable property in the 2016 Amended Area legally described in the preamble hereof, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter provided. Section 2. That portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts upon the total sum of the assessed value of the taxable property in the 2016 Amended Area, as shown on the assessment roll as of January 1, 2016, pursuant to Iowa Code Section 403.19(1)(b), shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for the taxing district into which all other property taxes are paid. Section 3. That portion of the taxes each year in excess of the base period taxes determined as provided in Section 2 of this Ordinance shall be allocated to and when collected be paid into a special tax increment fund of the City of Iowa City, Iowa hereby established, to pay the principal of and interest on loans, grants, rebates, monies advanced to, indebtedness, whether funded, refunded, assumed or otherwise, including bonds or obligations issued under the authority of Section 403.9 or 403.12 of the Code of Iowa, as amended, incurred by the City of Iowa City, Iowa, to finance or refinance, in whole or in part, urban renewal projects undertaken within the Urban Renewal Area, as amended, pursuant to the Urban Renewal Plan, as amended, except that taxes for the payment of bonds and interest of each taxing district shall be collected against all taxable property within the Urban Renewal Area, as amended, without any limitation as hereinabove provided. Section 4. Unless or until the total assessed valuation of the taxable property in the 2016 Amended Area exceeds the total assessed value of the taxable property in the 2016 Amended Area as shown by the last equalized assessment roll referred to in Section 2 of this Ordinance, all of the taxes levied and collected upon the taxable property in the 2016 Amended Area shall be paid into the funds for the respective taxing districts as taxes by or for said taxing districts in the same manner as all other property taxes. Section 5. At such time as the loans, advances, indebtedness, bonds and interest thereon of the City of Iowa City, Iowa referred to in Section 3 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the 2016 Amended Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 6. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be construed so as to fully implement the provisions of Section 403.19 of the Code of Iowa, as amended, with respect to the division of taxes from property within the 2016 Amended Area as described above. In the event that any provision of this Ordinance shall be determined to be contrary to law, it shall not affect other provisions or application of the Ordinance which shall at all times be construed to fully invoke the provision of Section 403.19 of the Code of Iowa with reference to the 2016 Amended Area and the territory contained therein. Section 7. 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 Moved � b D- '7'/ b - 1 / City Attorney's Office Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton that the First Consideration 04/18/2017 Voteforpassage: AYES: Dickens, Mims, Taylor, Thomas, Throgmorton, Botchway, Cole. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published M Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 ORDINANCE NO. AN ORD"' NCE PROVIDING THAT GENERAL PROPERTY ES LEVIED AND COLL CTED EACH YEAR ON ALL PROPERTY CATED WITHIN THAT AREA DDED TO THE CITY -UNIVERSITY OJECT 1 URBAN RENEWAL AR PURSUANT TO THE FOU ENTH AMENDMENT THERETO IN THE ITY OF IOWA CITY, COUNTY F JOHNSON, STATE OF IOWA, BY AND FOR HE BENEFIT OF THE ST E OF IOWA, CITY OF IOWA CITY, COUNTY OF JO SON, IOWA CITY C MUNITY SCHOOL DISTRICT AND OTHER TAXING STRICTS. BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL N MONIES ADVANCED TO ISSUED OR TO BE ISSUED, WITH THE CITY -UNIVERSITY kT ON LOANS, REBATES, GRANTS, :BTEDNESS, INCLUDING BONDS D BY SAID CITY IN CONNECTION 1 URBAN RENEWAL PLAN. WHEREAS, the City Co cil f the City of Iowa City, Iowa, after public notice and hearing as prescrib d by I w and pursuant to Resolution No. 16-230 passed and approved on J 19, 20 adopted Amendment #14 to the City - University Project 1 on Renewal PI n (the "Urban Renewal Plan") for an urban renewal area know as the City -Um ersity Project 1 Urban Renewal Area, (the "Urban Renewal Ar a"), which added th area legally described as follows: Beginning at a point n the north R.O.W. line Iowa Ave where it intersects with the east R.O.W 10 of Gilbert Street; Thenc east along said Iowa Avenue north R.O.W. lin to a point where it intersects 'th the east R.O.W. line of Van Buren Street; T nce south along said Van Buren Street east R.O.W. line south to a point whe a it intersects with the south R.O.A.line of Washington Street; Thence west along said Washington Street south O.W. line west to a point where it int ects with the east R.O.W. line of S. Gi art Street; Thence north along the ast R.O.W. line of Gilbert Street north to th point of beginning, also describe as Block 44, Original Town, Iowa City, Iowa according to the plat thereof,,And the entirety of all right-of-way adjacent there not already located within t e Urban Renewal Area, as amended; and N WHEREAS, expenditures and indebtedness are anticip ted to be incurred by a City of Iowa City, Iowa in the future to finance urba renewal project ac vities carried out in furtherance of the objectives of the Urbak Renewal Plan; WHEREAS, the City Council of the City of Iowa City, to a desires to provide for the division of revenue from taxation in that portion the Urban Renewal Area added pursuant to the 14th Amendment, as above de cribed and hereafter referred to as "2016 Amended Area", in accordance with the rovisions of Section 403.19 of the Code of Iowa, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the taxes levied on the taxable property in the 2016 Amen ed Area legally described in the preamble hereof, by and for the benefit of the Sta a of Iowa, City of Iowa City, County of Johnson, Iowa City ommunity School strict, and all other taxing districts from and after the eff tive date of this Ordin ce shall be divided as hereinafter provided. Sectio That portion of the taxes which would b roduced by the rate at which the to 's levied each year by or for each of the4axing districts upon the total sum of the ssessed value of the taxable propdrty in the 2016 Amended Area, as shown on he assessment roll as of Jan ry 1, 2015, pursuant to Iowa Code Section 403.19 1)(b), shall be allocated toAnd when collected be paid into the fund for the respec 've taxing district as t9Xes by or for the taxing district into which all other property t es are paid. Section 3. That port! period taxes determined as I allocated to and when collecte City of Iowa City, Iowa hereby loans, grants, rebates, moni refunded, assumed or otherw' of the axes each year in excess of the base vide in Section 2 of this Ordinance shall be '212 into a special tax increment fund of the blished, to pay the principal of and interest on a anted to, indebtedness, whether funded, incl ding bonds or obligations issued under the authority of Section 403.9 403.12 o the Code of Iowa, as amended, incurred by the City of Iowa City, I a, to Inanc or refinance, in whole or in part, urban renewal projects City, ken within the Urban Renewal Area, as amended, pursuant to the Urba Renewal Plan, as mended, except that taxes for the payment of bonds an interest of each taxin district shall be collected against all taxable property w' in the Urban Renewal Area, as amended, without any limitation as here! bove provided. Section . Unless or until the total ass sed valuation of the taxable property in th 2016 Amended Area exceeds the otal assessed value of the taxable prop rty in the 2016 Amended Area as wn by the last equalized assessmen roll referred to in Section 2 of this Ordina ce, all of the taxes levied and collet d upon the taxable property in the 2016 Am nded Area shall be paid into the f nds for the respective taxing districts as tax by or for said taxing districts )h the same manner as all other property taxes. Section 5. At such time as the loans, advances, indeb dness, bonds and inter st thereon of the City of Iowa City, Iowa referred to in Se ion 3 hereof have bee paid, all monies thereafter received from taxes upon the to able property in the 2016 Amended Area shall be paid into the funds for the re pective taxing districts in the same manner as taxes on all other property. Section 6. All ordinances or parts of ordinances in confli with the provisions of this Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be construed so as to fully implement the prow .ons of Section 403.19 of the Code of Iowa, as amended, with respect to the division of taxes from property within the 2016 Amended Area as described abo e. In the event that any provision of this Ordinance shall bedet rmined to be cont ry to law, it shall not affect other provisions or application of he Ordinance which hall at all times be construed to fully invoke thepro 'sion of Section 403.19 f the Code of Iowa with reference to the 2016 Ame ded Area and the territory c ntained therein. Sectio 7. This Ordinance shall be in effect after its final passage, approval and p l,cat,on as provided by law. Passed and appthis day of rov 20 MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office CITY OF IOWA CIT COUNCIL ACTION REPM April 18, 2017 Ordinance Enabling the Use of Tax Increment Financing Revenue in the Area Included in Amendment Fourteen to the City - University 1 Urban Renewal Area (City Hall Property). Prepared By: Wendy Ford, Economic Development Coordinator Reviewed By: Simon Andrew, Assistant to the City Manager Fiscal Impact: No impact Recommendations: Staff: Approval Commission: N/A Attachments: TIF Ordinance Executive Summary: The adoption of a TIF ordinance allows the City to use the increase in property taxes resulting from property improvement to assist in urban renewal projects when those projects include a public benefit. Public benefits may include historic preservation, the provision of low- and moderate -income housing, streetscape improvements, partnerships with the private sector in redevelopment projects, etc. In partnerships with the private sector, any proposed project will be presented to City Council in the form of a development agreement for private redevelopment to be considered on its own merits. This TIF ordinance would facilitate the redevelopment project under consideration for the City Hall north parking lot. Background / Analysis: The City -University Project 1 Urban Renewal Plan has been amended numerous times to include new urban renewal projects and three times since 1969, to add area to the plan. Amendment #14, adopted by Resolution 16-230 on July 19, 2016 added the City Hall block between Iowa Avenue and Washington Street and Gilbert and Van Buren Streets. Adoption of the TIF ordinance allowing the City to use the increase in property taxes gained by increased property values is the final step in amending area to a plan. CITY OF IOWA CITY COUNCIL ACTION REPORT MFS.. City -University Project 1 Urban Renewal Area As Amended ' W AyE Wq PVE pp1101MR 6 a RJWERI 0.0 eooTMw Urban renewal area boundary ® 1969 Onginal Area 2001 Amended Area ® 2012 Amended Area ® 2016 Amended Area --- .. R�If- sn AV AW Y :�o FILED Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 APR 5 1017 \CIOF RDINANCE NO. City Clerk Iowa City, Iowa AN ORDINPROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLD EACH YEAR ON ALL PROPERTY L ATED WITHIN THAT ARED TO THE CITY -UNIVERSITY PIR CT 1 URBAN RENEWAL URSUANT TO THE FOURTEENT AMENDMENT THERETO CI OF IOWA CITY, COUNTY OF JOH ON, STATE OF IOWA, BY R T BENEFIT OF THE STATE OF IOWA, CITY OF IOWA CITY, COUF JOH ON, IOWA CITY COMMUNITY HOOL DISTRICT AND OTHXING DI RICTS, BE PAID TO A SPCIAL FUND FOR PAYMENT INCIPAL A D INTEREST ON LOANS, EBATES, GRANTS, MONIES CED TO D INDEBTEDNESS, NCLUDING BONDS ISSUED OE ISSUED, I URRED BY SAID ITY IN CONNECTION WITH THE NIVERSITY PR ECT 1 URBAN NEWAL PLAN. WHEREAS, the City Council of� notice and hearing as prescribed by law r passed and approved on July 19, 2016 a University Project 1 Urban Renewal Plan urban renewal area known as the City -Univ (the "Urban Renewal Area"), which added 0 City of wa City, Iowa, after public J purs ant to Resolution No. 16-230 lept9d Amendment #14 to the City- %ar Urban Renewal Plan") for an Project 1 Urban Renewal Area, legally described as follows: Beginning at a point on the north R.O.W. I'e of to Ave where it intersects with the east R.O.W line of Gilbert Street; hence eas along said Iowa Avenue north R.O.W. line to a point where it i ersects with the east R.O.W. line of Van Buren Street; Thence south along sai Van Buren Strut east R.O.W. line south to a point where it intersects with t e south R.O.W. line\of Washington Street; Thence west along said Washing n Street south R.O.W`� line west to a point where it intersects with the east O.W. line of S. Gilbert Street; Thence north along the east R.O.W. line of bert Street north to the point of beginning, also described as Block 44, Origi al Town, Iowa City, Iowa, according to the plat thereof, and the entirety of right-of-way adjacent thereto not already located within the Urban Renewal A ea, as amended; and WHEREAS, expe itures and indebtedness are anticipated to tib incurred by the City of Iowa Ci ,Iowa in the future to finance urban renewa project activities carried out in urtherance of the objectives of the Urban Renew Plan; and WHEREAS, e City Council of the City of Iowa City, Iowa desir s to provide for the div' ion of revenue from taxation in that portion of the Urban Renewal Area ad d pursuant to the Tenth Amendment, as above described and hereafter referre to as "2016 Amended Area", in accordance with the provisions of Section 403. of the Code of Iowa, as amended. g:. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF OF IOWA CITY, IOWA:!P 5 2017 Section 1. That the taxes levied on the taxable property iRV)&!2(316 Amended Area legally described in the preamble hereof, by and foK hd beenefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District, and all other taxing districts from and after the effective date of this Ordinance Oall be divided as hereinafter provided. Section 2.That portion of the taxes which would be produced by the rate at which the tax is vied each year by or for each of the taxing districts upon the total sum of the ass sed value of the taxable prop y in the 2016 Amended Area, as shown on the ssessment roll as of Janua 1, 2015, pursuant to Iowa Code Section 403.19(1)( , shall be allocated to a when collected be paid into the fund for the respective xing district as taxes y or for the taxing district into which all other property taxe are paid. Section 3. That portio of the t, period taxes determined as pro ided in allocated to and when collected b paid City of Iowa City, Iowa hereby esta lishe� loans, grants, rebates, monies ad anc refunded, assumed or otherwise, incl d' authority of Section 403.9 or 403.12 o tt by the City of Iowa City, Iowa, to fin c renewal projects undertaken withi the pursuant to the Urban Renewal P an, e payment of bonds and interest of ach ta: taxable property within the Ur n Ren limitation as hereinabove Drovid d. xes each year in excess of the base S ction 2 of this Ordinance shall be 10 a special tax increment fund of the to pay the principal of and interest on d to, indebtedness, whether funded, I bonds or obligations issued under the e Code of Iowa, as amended, incurred or refinance, in whole or in part, urban Urban Renewal Area, as amended, s amended, except that taxes for the in district shall be collected against all :wa Area, as amended, without any Section 4. Unless or until the total as ssed valuation of the taxable property in the 2016 Amen ed Area exceeds th total assessed value of the taxable property in the 20 6 Amended Area as hown by the last equalized assessment roll referred to in Section 2 of this Ordi nce, all of the taxes levied and collected upon the to able property in the 2016 A ended Area shall be paid into the funds for the re pective taxing districts as to es by or for said taxing districts in the same ma er as all other property taxes. Section 5. At s ch time as the loans, advances, in btedness, bonds and interest thereon of the City of Iowa City, Iowa referred to in Section 3 hereof have been paid, all monie thereafter received from taxes upon th taxable property in the 2016 Amended Area shall be paid into the funds for the respective taxing districts in the sam manner as taxes on all other property. Section 6. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be construed so as to fully implement the provisions of Section 403.19 of the Code of Iowa, as amended, with respect to the division of taxes from property within the 2016 Amended Area as described above. In the event that any provision of this Ordinance shall be determined to be contrary to law, it shall not affect other provisions or application of the Ordinance which shall at all times be construed to fully invoke the provision of Section 403.19 of the Code of Iowa with reference to the 2016 Amended Area and the territory contained therein. Secti 7. This Ordinance shall be in effect after its final passage, approval and lication as provided by law. Passed and approveis day of 20 MAYOR F I ! E DID ATTEST: APR 5 2017 CITY CLERK City Clerk Iowa City, Iowa Approved by City Attorney's Office �I Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 5 OPEN CONTAINERS, TO ALLOW OPEN CONTAINERS TO BE CARRIED FROM ONE LICENSED PREMISES DIRECTLY INTO ANOTHER. WHEREAS, under the current ordinance, it is unlawful for a licensee to permit any person to carry an open container out of their licensed premises; and WHEREAS, the intent of the ordinance is to ensure that licensees do their part in preventing open container violations wherein patrons carry alcoholic beverages purchased from licensee out into public, non -licensed premises; and WHEREAS, carrying an open container from one licensed premises directly into another licensed premises would not create a circumstance of open containers in public, non -licensed premises, and thus does not create any of the problems the open container ordinance was designed to prevent; and WHEREAS, nothing herein would force a licensee to allow a patron to bring an open container onto their licensed premises, as the licensee would retain control of their licensed premises; and WHEREAS, this amendment would provide greater flexibility to licensees, and allow for broader community events; WHEREAS, it is in the best interests of the City to approve this ordinance amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 5 OPEN CONTAINERS, is hereby amended by deleting subsection A in its entirety, and substituting the following language: A. Open Containers Prohibited Outside Licensed Premises: It shall be unlawful for any person or for any licensee or permittee under this title and/or agents or employees of a licensee or permittee to permit any person to carry from a licensed premises any open container of alcoholic beverages, including, but not limited to, bottles, cans, glasses, mugs and cups, except when such carryout is related to and necessary for custodial, maintenance and other bona fide employment purposes, unless the person is carrying the open container from one licensed premises directly into another licensed premises. 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 2017. ky, F-1vtol: ATTEST: CITY CLERK App ed by ([ ` '7 City Attorney's Officew? 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: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 04/18/2017 Voteforpassage: AYES: Mims, Taylor, Thomas, Throgmorton, Botchway, Cole, Dickens. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published X CITY OF IOWA CIT ;r COUNCIL ACTION REPOR 21 April 18, 2017 Ordinance amending Title 4, Alcoholic Beverages, Chapter 5, Open Containers, to allow open containers to be carried from one licensed premises directly into another Prepared By: Eric Goers, Asst. City Attorney Reviewed By: Eleanor Dilkes, City Attorney Geoff Fruin, City Manager Fiscal Impact: No impact Recommendations: Staff: Approval Commission: N/A Attachments: Ordinance Executive Summary: This ordinance amendment will allow open containers to be carried from restaurants and bars directly into street events like the Downtown Block Party that will have obtained a license for the area included within the party. Background / Analysis: Under the current ordinance, licensees may not permit their patrons to leave their licensed premises with an open container of alcohol. This ordinance amendment would allow patrons to leave a licensed premises with an open container if they do so directly into another licensed premises. This would allow for events such as the planned Downtown Block Party, in which the street and sidewalk would be included in the licensed premises of that community event. In the absence of such an event the street and sidewalk is not a licensed premises, and therefore, the patrons would still not be allowed to take an open container out of one bar/restaurant and into another bar/restaurant if there is non -licensed space in between.