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HomeMy WebLinkAbout2010-03-02 Ordinance6a Prepared by: Jacob Rosenberg, Planning Intem, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5231 (REZ09-00011) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 5.05 ACRES LOCATED AT MORMON TREK BOULEVARD, SOUTH OF EAGLE VIEW DRIVE FROM COMMERCIAL OFFICE (CO-1) TO INTENSIVE COMMERCIAL (CI-1 ). (REZ09-00011) WHEREAS, the applicant, Dealer Properties IC, LLC, has requested a rezoning of property located at Mormon Trek Boulevard, south of Eagle View Drive from Commercial Office (CO-1) to Intensive Commercial (CI-1 ); and WHEREAS, the Comprehensive Plan indicates that the area is appropriate for intensive commercial development; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for landscape buffering and lighting restrictions; and WHEREAS, Iowa Code §414.5 (2009) 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 Commercial Office to Intensive Commercial: LEGAL DESCRIPTION Commencing at the East Quarter Corner of Section 20, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S00'08'54"W, along the East Line of the Southeast Quarter of said Section 20, a distance of 485.52 feet, to the Point of Beginning; Thence continuing S00'08'54"W, along said East Line 585.37 feet, to its intersection with the Northeasterly Right-of-way Line of Mormon Trek Boulevard; Thence Northwesterly, 710.98 feet, along said Northeasterly Right-of-way Line and a 1750.00 foot radius curve, concave Northeasterly, whose 706.10 foot chord bears N52'00'04"W; Thence N02'44'08"E, along said Northeasterly Right-of-way Line, 47.76 feet, to a point on the Southerly Right-of-way Line of Eagle View Drive; Thence N50'37'23"E, along the Southerly Right-of-way Line 38.38 feet; Thence Northeasterly, 312.12 feet, along said Southerly Right-of-way Line on a 467.00 foot radius curve, concave Southeasterly, whose 306.34 foot chord bears N71'03'41 "E; Thence S89'47'31' E, along said Southerly Right-of-way Line, 181.27 feet; Thence S47'34'07"E, along said Southerly Right-of-way Line 29.76 feet; Thence S89'51'06E, along said Southerly Right- of-way Line, 33.00 feet, to the Point of Beginning. Said tract of land contains 5.05 acres, more or less, and is subject to easements and restrictions of record. 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 bylaw. Ordinance No. Page 2 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 ~~~ ~ ~ City Attorney's Office ~~a ~ I ~~ 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 3 / 2 / 2010 Vote for passage: AYES: Champion, Dickens, Hayek, Mims, Wilburn, Bailey. NAYS:Wrigh ABSENT: None. Second Consideration _ Vote for passage: Date published Prepared by: Jacob Rosenberg PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ09-00011) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and ILJ Investments, Inc (hereinafter "Owner"); and Dealer Properties IC, LLC (hereinafter "Applicant"); WHEREAS, Owner is the legal title holder of approximately 5.05 acres of property located at Mormon Trek Boulevard, south of Eagle View Drive; and WHEREAS, the Applicant with the Owner's consent has requested the rezoning of said property from Commercial Office (CO-1) to Intensive Commercial (CI-1); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding landscape screening, buffering, and lighting, the zoning is in conformance with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2009) 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 acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for neighborhood compatibility; and WHEREAS, the Owner and Applicant agree to develop this property in accordance with the terms and conditions of this Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. ILJ Investments, Inc. is the legal title holder of the property legally described as follows: Commencing at the East Quarter Corner of Section 20, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S00'08'54"W, along the East Line of the Southeast Quarter of said Section 20, a distance of 485.52 feet, to the Point of Beginning; Thence continuing S00'08'S4"W, along said East Line 585.37 feet, to its intersection with the Northeasterly Right-of-way Line of Mormon Trek Boulevard; Thence Northwesterly, 710.98 feet, along said Northeasterly Right-of-way Line and a 1750.00 foot radius curve, concave Northeasterly, whose 706.10 foot chord bears N52'00'04"W; Thence N02'44'08"E, along said Northeasterly Right-of-way Line,47.76 feet, to a point on the Southerly Right-of-way Line of Eagle View Drive; Thence N50'37'23"E, along the Southerly Right-of-way Line 38.38 feet; Thence Northeasterly, 312.12 feet, along said Southerly Right-of-way Line on a 467.00 foot radius curve, concave Southeasterly, whose 306.34 foot chord bears N71'03'41 "E; Thence S89'47'31 "E, along said Southerly Right-of-way Line, 181.27 feet; Thence S47'34'07"E, along said Southerly Right-of-way Line 29.76 feet; Thence S89'51'06E, along said Southerly Right-of-way Line, 33.00 feet, to the Point of Beginning. Said tract of land contains 5.05 acres, more or less, and is subject to easements and restrictions of record. ppdadm/agt/REZ0~00011 Conditional Zoning Agreement%561%SD.doc 2. The Owner and Applicant acknowledge that the City wishes to ensure conformance with the principles of the Comprehensive Plan and South Central District Plan. Further, the parties acknowledge that Iowa Code §414.5 (2009) 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: a. A 20 foot wide buffer landscaped to the S3 standard, as defined by the Iowa City Zoning Code, and including a mix of evergreen and deciduous trees planted to the specifications of the City Forester, to run along the north 256 feet of the east property line. b. All exterior lighting shall be mounted at a height not to exceed 30 feet above grade. 4. The Owner and Applicant, and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2009), 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 to 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 CITY OF IOWA CITY Matthew J. Hayek, Mayor 20 By: I LJ I nvestm nts, I n ppdadm/agUREZ0300071 Conditional Zoning Agreement%581%SD.doc 2 Attest: Marian K. Karr, City Clerk Approved by: ~~~ ~~ City Attorney's Office ~ /a f ~ ~ CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) i 4 '`j J ~// ~~ By: Dealer Properties IC, LLC On this day of A.D. 20 ,before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa My commission expires: ILJ INVESTMENTS, INC. ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this day of , 20_, by /ut ~ r Ic Sc h h ~,~rl e r (name) as ~res ri~..+ f ~~t~ e~~,-Gtitle) of ILJ Investments, Inc. /' ~ awl Notary Public in d for the State Iowa ~'', ~ ~ CYCom N ~. - i ppdadMagUREZ0300011 CondAional Zoning Agreement%Si31%SD.doc 3 ~Q GZ/ STAFF REPORT To: Planning & Zoning Commission Item: REZ09-00011 GENERAL INFORMATION Applicant: Contact Person: Phone: 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 Prepared by: Jake Rosenberg, Planning Intern Date: January 7, 2009 Dealer Properties IC, LLC 3401 West 41St Street Sioux Falls, SD 57106 David Larsen 277 Hickory St. Kalona, IA 52247 (319) 656-5271 Rezoning from CO-1 to CI-1 To allow use as a car dealership Eagle View Dr and Mormon Trek Blvd 5.05 acres Undeveloped, Commercial Office (CO-1) North: Undeveloped; Commercial Office (CO-1) South: Undeveloped; Highway Commercial (CH-1) East: County Agricultural (A) West: Undeveloped; Highway Commercial (CH-1) Office Park or Intensive Commercial December 15, 2009 January 29, 2010 The applicant, Dealer Properties IC, LLC, requests that the subject property located southeast of the intersection of Mormon Trek Boulevard and Eagle View Drive be rezoned from Commercial Office (CO-1) to Intensive Commercial (CI-1) in order for the land to be used as a car dealership. The applicant states that CI-1 zoning for the parcels is: (1) compatible with other car dealerships in the area, (2) in compliance with the Comprehensive Plan, and (3) provides a sensible transition to industrial development to the east. The subject property was annexed into Iowa City in 2003. At that time, the City and the 2 applicant collaborated on the appropriate zoning for the area to support the City's goal of enabling future development of new areas for commercial office, intensive commercial and industrial uses south of the airport. The subject property was initially zoned CI-1 and then rezoned to CO-1 in 2007. In 2005 the City Council approved the final plat of JJR Davis Third Addition, which includes lots 1 and 2. The final plat contains a note prohibiting direct vehicular access from this property to Mormon Trek Boulevard. Access will be from Eagle View Drive. There is the possibility of an access easement over property located east of the old Dane Road to lot 2. The recent east/west extension of Mormon Trek Boulevard will greatly impact future development in and around the subject property. The extension permits new access to South Central District properties for future development and provides an arterial street connection to other parts of the community. With future industrial development likely to the east, airport to the north, and commercial development to the west (with frontages on Highway 1), the subject property is suited for intensive commercial or office commercial development. The applicant has indicated that they have chosen not to use the "Good Neighbor Policy. ANALYSIS Current Zoning: The purpose of the Commercial Office Zone (CO-1) is to provide specific areas where office functions, compatible businesses, apartments and certain public and semipublic uses my be developed in accordance with the Comprehensive Plan. The CO-1 Zone can serve as a suitable transition between residential and more intensive commercial or industrial areas. Requested Zoning: The Intensive Commercial Zone (CI-1) is designed to provide areas for businesses that are land-intensive or light industrial in nature. These businesses characteristically require space for outdoor storage and display of merchandise. Typical uses in the CI-1 zone include vehicle sales and repair; small scale manufacturing operations; warehousing and industrial service uses. CI-1 zone uses are generally not compatible with residential and less-intensive zones. Consequently, CI-1 zones are typically located within major commercial areas to provide adequate vehicular access, but are ideally shielded visually, geographically, or topographically from less-intensive zones. Compliance with Comprehensive Plan: The Comprehensive Plan supports either commercial office or intensive commercial development for the subject property. Both CO-1 and CI-1 are appropriate for the South Central District's future land use scenario and will provide a suitable transition to future industrial uses identified in the Comprehensive Plan. The availability of land zoned for industrial uses is a concern noted in the Comprehensive Plan. Future development in the South Central District is aimed at addressing this concern. The Comprehensive Plan identifies the area southwest of the airport as appropriate for industrial type development due to its access to the airport and the Interstate highway system via Highway 1 and 218. The plan also notes the importance of maintaining an adequate supply of CI-1 and I-1 land in order to provide developable land necessary for the City's continued economic viability. CI-1 and CO-1 zones are used to attract employers and provide a compatible transition to adjacent industrial uses. One of the primary reasons the City chose to invest public funds to construct the extension of Mormon Trek Boulevard was to create arterial street access to the planned industrial development areas that would be bordered by commercial uses. This capital investment was meant to encourage future development in the South Central District that would 3 increase employment opportunities in the community. CI-1 and CO-1 zoning along the Mormon Trek extension is thus aimed at attracting businesses that are compatible with industrial uses. The South Central District Plan states that the subject area provides opportunities for large lot development and is suitable for intensive commercial uses with extensive outdoor storage needs. The subject property provides a suitable location for CI-1 zoning because the property is separated from less-intensive zones to the north and is compatible with the planned industrial area to the east. Compatibility with neighborhood.• The subject property is situated near undeveloped Highway Commercial (CH-1) to the south and west, undeveloped Commercial Office (CO-1) to the north and County Agricultural (A) to the east. The CH-1 zone is designed to allow service uses relating to expressways or along arterial streets. This zone allows for food, lodging, motor vehicle service, and fuel to be easily accessible to these roadway users. According to the South Central District Future Land Use Scenario map, the property immediately east of the subject property is intended for industrial/manufacturing uses. As discussed above the City's motivation to invest in the construction of Mormon Trek Boulevard was to encourage industrial development in this area. Two farm houses are located to the east of this property on the other side of old Dane Road. Although these properties may redevelop in the future, in the near term they could benefit from landscape screening along the east side of the proposed CI-1 zone. Staff recommends that as a condition of approval of this rezoning, a landscape plan that at a minimum meetings the S3 screening standards, be required along the east boundary of the property. Staff believes that with some additional landscaping to provide a screen for neighboring farm houses, the requested CI-1 zone would be compatible with existing and proposed surrounding uses. The CI-1 zone provides an appropriate transition between the highly visible CH-1 to the west and the planned industrial area to the east. STAFF RECOMMENDATION Staff recommends that REZ09-00011, an application to rezone 5.05 acres of land generally located at Mormon Trek Boulevard and Eagle View, be approved subject to staff approval of a landscape plan that, at a minimum, meets S3 screening standards. Attachment: 1. Location Map j~'~, :~ Approved by: ' Ka n Howard, Acting Senior Planner, Department of Planning and Community Development S;PCDIStaff Reports/REZ06-00021 CI-1 to CC-2 v 0 0 \~ v >~~y T V 3 5 `~ ~'~ ~ vj d0 ~ w bd r-+ O O O i G1 O NW Psi v s~ ~~ ~ O ~~~ 0 .. ~- z 0 __ _ ~ V T ~ z _ __ a w U o ~ ,_ _ N w_ ,o i ~~ ~~ ~O~ `~ ~ Prepared by: Jacob Rosenberg PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ09-00011) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and ILJ Investments, Inc (hereinafter "Owner"); and Dealer Properties IC, LLC (hereinafter "A{~licant"); / WHEREAS, Owne is the legal title holder of approximately 5.05 acres of roperty located at Mormon Trek Boule ard, south of Eagle View Drive; and WHEREAS, the App 'cant with the Owner's consent has requested th rezoning of said property from Commercial Offi e (CO-1) to Intensive Commercial (CI-1 ); an WHEREAS, the Plann' g and Zoning Commission has d rmined that, with appropriate conditions regarding Ian cape screening, buffering, and lig ing, the zoning is in conformance with the Comprehensive n; and WHEREAS, Iowa Code § 4.5 (2009) provides th t the City of Iowa City may impose reasonable conditions on gra ting an applicant's r oning request, over and above existing regulations, in order to satisfy p blic needs caused y the requested change; and WHEREAS, the Owner and Appli ant acknow dge that certain conditions and restrictions are reasonable to ensure the develop ent oft property is consistent with the Comprehensive Plan and the need for neighborhood c mpa ' ility; and WHEREAS, the Owner and Applicant ree to develop this property in accordance with the terms and conditions of this ConditionaYZ ing Agreement. NOW, THEREFORE, in consideration of agree as follows: 1. ILJ Investments, Inc. is the legal title mutual promises contained herein, the parties of the property legally described as follows: Commencing at the East Quarter Corner f Section 20, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Then S00'08'54"W, along the East Line of the Southeast Quarter of said Section 20, a istance of 485.52 feet, to the Point of Beginning; Thence continuing S00'08'54"W, long said East Line 585.37 feet, to its intersection with the Northeasterly Right-of-way ine of Mormon Trek Boulevard; Thence Northwesterly, 710.98 feet, along said Northea erly Right-of-way Line and a 1750.00 foot radius curve, concave Northeasterly, whose 06.10 foot chord bears N52'00'04"W; Thence N02'44'08"E, along said Northeasterly Ri t-of-way Line,47.76 feet, to a point on the Southerly Right-of-way Line of Eagle View D 've; Thence N50'37'23"E, along the Southerly Right-of-way Line 38.38 feet; Thence No heasterly, 312.12 feet, along said Southerly Right-of-way Line on a 467.00 foot radi curve, concave Southeasterly, whose 306.34 foot chord bears N71'03'41 "E; Thence 9'47'31 "E, along said Southerly Right-of-way Line, 181.27 feet; Thence S47'34'07"E, al g said Southerly Right-of-way Line 29.76 feet; Thence S89'51'06E, along said Southerly Right-of-way Line, 33.00 feet, to the Point of Beginning. Said tract of land contains 5.05 acres, more or less, and is subject to easements and restrictions of record. ppdadmlagt/rez09-00011 conditional zoning agreement 2. The Owner and Applicant acknowledge that the City wishes to ensure conformance with the principles of the Comprehensive Plan and South Central District Plan. Further, the parties acknowledge that Iowa Code §414.5 (2009) 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 developme of the subject property will conform to all of r requirements of the zoning chapter, a well as the following conditions: a. A 20 foot wide uffer landscaped to the S3 standard, s defined by the Iowa City Zoning Code, and cluding a mix of evergreen and ciduous trees planted to the specifications of the 'ty Forester, to run along then h 256 feet of the east property line. b. All exterior lighting sha~ be mounted at a height/not to exceed 30 feet above grade. 4. The Owner and Applicant, and City acknowl dge that the conditions contained herein are reasonable conditions t impose on th land under Iowa Code §414.5 (2009), and that said conditions satisfy ublic need that are caused by the requested zoning change. / ;' 5. The Owner, Applicant, and Cit ack~(owledge that in the event the subject property is transferred, sold, redeveloped, r, subdivided, all redevelopment will conform to the terms of this Conditional Zoning A 'reement. 6. The parties acknowledge that this C nditional Zoning Agreement shall be deemed to be a covenant running with the land an with title to the land, and shall remain in full force and effect as a covenant with title to eland, unless or until released of record by the City of Iowa City. The parties further acknowledge that this reement shall inure to the benefit of and bind all successors, representatives, and assign of the parties. 7. The Owner and Applicant acknowledge at nothing in this Conditional Zoning Agreement shall be construed to relieve the ner or Applicant from complying with all other applicable local, state, and federal regulate ns. 8. The parties` agree that this Conditional Zoning ~ reference ,into the ordinance rezoning the subject publicatign of the ordinance, this agreement shall Recorde`r's Office at the Applicant's expense. Dated this ~'~ day of , 20_ CITY OF I WA CITY Matthew J. Hayek, Mayor reement shall be incorporated by >perty, and that upon adoption and ~ recorded in the Johnson County By: ILJ Investments, Inc ppdadm/agt/rez09-00011 conditional zoning agreement 2 Attest: Marian K. Karr, City d~erk Approved by: Attorney's Office CITY OF IOWA CITY STATE OF IOWA ) ss: JOHNSON COUNTY ) EDGEMENT: By: Dealer Propertie~fC, LLC On this day of A.D. 20 ,before me, the undersigned, a notary public in and for a State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally n wn, who being by me duly sworn, did say that they are the Mayor and City Clerk, respecti ely, f said municipal corporation executing the within and foregoing instrument; that the se affixed hereto is the seal of said municipal corporation; that said instrument was signed and Baled on half of said municipal corporation by authority of its City Council; and that the sai Mayor and ity Clerk as such officers acknowledged that the execution of said instrument o be the volunt ry act and deed of said corporation, by it and by them voluntarily executed. Public in and for the State of Iowa My coml~ission expires: a ~ ~~iv ILJ INVESTMENTS, INC. ACK STATE OF I WA ) ss: JOHNSO COUNTY ) s instrument was acknowledged before me on this (name) as Investfnents, Inc. EDGEMENT: . day of , 20_, by (title) of ILJ Notary Public in and for the State of Iowa ppdadm/agUrez09-00011 conditional zoning agreement 3 DEALER i~ROPERTIES IC, L.L.C. AC STATE OF IOWA JOHNSON COUNTY This instrument was a owledged before me (name) a: this MENT: day of , 20_, by (title) of Dealer Properties IC, LLC. ry Public in and for the State of Iowa commission expires: ;` ~_ ppdadmlagUrez09-00011 conditional zoning agreement 4 C> ~ Prepared by: Jacob Rosenberg, Planning Intem, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5231 (REZ09-00011) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 5.05 ACRES LOCATED AT MORMON TREK BOULEVARD, SOUTH OF EAGLE VIEW DRIVE F~OM COMMERCIAL OFFICE (CO-1) TO INTENSIVE COMMERCIAL (CI-1). (REZ09-00011) WHEREAS, the applicant, eater Properties IC, LLC, has Mormon Trek Boulevard, south o agle View Drive from Comm (CI-1 ); and WHEREAS, the Comprehensiv Plan indicates that the a development; and WHEREAS, the Planning and Zoni g Commission has revi~ that it complies with the Comprehensiv Plan provided that ' landscape buffering and lighting restriction ;and WHEREAS, Iowa Code §414.5 (200 provides that e conditions on granting an applicant's rezo ' satisfy public needs caused by the requested WHEREAS, the owner and applicant have with the terms and conditions of the Conditioi development in this area of the city. NOW, THEREFORE, BE IT ORDAINED IOWA: SECTION I APPROVAL. Subject to the Cc herein, property described below is hereby re Office to Intensive Commercial: a rezoning of property located at (CO-1) to Intensive Commercial is appropriate for intensive commercial ved the proposed rezoning and determined meets conditions addressing the need for City of Iowa City may impose reasonable and above existing regulations, in order to i ~iat the property shall be developed in accordance Agreement attached hereto to ensure appropriate N E CITY COUNCIL OF THE CI ~ OF I~'VA CITY, I Zoning Agreement attached herd torpor from its current zoning design~i6vr~of 8omm~l --t ram„- _ ;°'~ ~ -v .S IPTION a~ ~;, .. request, anger ar Zoni BY Commencing at the East Quarte Corner of Section 20, Township 79 North, R nge 6 V~st, of the Fifth Principal Meridian; T ence S00'08'54"W, along the East Line of the Southeast Quarter of said Section 20, distance of 485.52 f et, to the Point of Beginning; Thence continuing S00'08'54"W, al g said East Line 58 37 feet, to its intersection with the Northeasterly Right-of-way ine of Mormon Trek Boul vard; Thence Northwesterly, 710.98 feet, along said Northeast rly Right-of-way Line and a 1750.00 foot radius curve, concave Northeasterly, whose 706. 0 foot chord bears N52'00'04" ;Thence N02'44'08"E, along said Northeasterly Right-of-w Line, 47.76 feet, to a point on a Southerly Right-of-way Line of Eagle View Drive; The ce N50'37'23"E, along the Southe ly Right-of-way Line 38.38 feet; Thence Northeasterly, 12.12 feet, along said Southerly Rig t-of-way Line on a 467.00 foot radius curve, concav Southeasterly, whose 306.34 foot cho d bears N71'03'41"E; Thence S89'47'31"E, along said Southerly Right-of-way Line, 181.27 fe t; Thence S47'34'07"E, along said Southerly Right-of-way Line 29.76 feet; Thence S89'51'06 along said Southerly Right- of-way Line, 33.00 feet, to the Point of Beginning. Said tract land contains 5.05 acres, more or less, and is subject to easements and restrictions of recor 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. Ordinance No. Page 2 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 bylaw. 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: ~r its final passage, approval N O O a~,.~^ r i ~~ ~ ~... ~~ r'"" ~ . ~ ~ J ~° ... ~, ,. * N ~" .~" C3~ Prepared by: Jacob Rosenberg PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ09-00011) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and ILJ Investments, Inc (hereinafter "Owner"); and Dealer Properties IC, LLC (hereinafter "Applicant"); WHEREAS, Owner is the legal title holder of approximately 5.05 acres of property located at Mormon Trek Boulevard, south of Eagle View Drive; and WHEREAS, the Applicant Ith the Owner's consent has reques ed the rezoning of said property from Commercial Office (CC~1) to Intensive Commercial (CI-1); ~d WHEREAS, the Planning an Zoning Commission has det mined that, with appropriate conditions regarding landscape Greening, buffering, and lightin ,the zoning is in conformance with the Comprehensive Plan; an WHEREAS, Iowa Code §414.5 (2 09) provides that the City of Iowa City may impose reasonable conditions on granting a applicant's rezoning request, over and above existing regulations, in order to satisfy public ne s caused by the r uested change; and WHEREAS, the Owner and Applicant acK reasonable to ensure the development of Plan and the need for neighborhood comp WHER I' t t terms a NOW, agree a 1. ledge that ertain conditions and restrictions are property s consistent with the Corr~ehensive ity; and a ~' EAS, the Owner and App lean agree dev lop this property in ac~inc°7e. with~6e nd conditions of this Conditional Zoning A !! THEREFORE, in consideration of the m s follows: ILJ Investments, Inc. is the legal title hol e Commencing at the East Quarter Co ner of Sec ' n 20, Township 79 North, Range 6 West, of the Fifth Principal Meridian Thence S00 8'54"W, along the East Line of the Southeast Quarter of said Sectio 20, a distanc of 485.52 feet, to the Point of Beginning; Thence continuing SO '08'54"W, along aid East Line 585.37 feet, to its intersection with the Northeasterly Right-of-way Line o Mormon Trek Boulevard; Thence Northwesterly, 710.98 feet, alo said Northeasterly 'ght-of-way Line and a 1750.00 foot radius curve, concave No easterly, whose 706.10 foot chord bears N52'00'04"W; Thence N02'44'08"E, along s id Northeasterly Right-of- ay Line,47.76 feet, to a point on the Southerly Right-of-wa Line of Eagle View Drive; T ence N50'37'23"E, along the Southerly Right-of-way Line 38.38 feet; Thence Northeast rly, 312.12 feet, along said Southerly Right-of-way Li a on a 467.00 foot radius cur ,concave Southeasterly, whose 306.34 foot chord ears N71'03'41 "E; Thence S89'47' 1 "E, along said Southerly Right-of-way Line, 181.2 feet; Thence S47'34'07"E, along s id Southerly Right-of-way Line 29.76 feet; Thence S89'51'06E, along said Southerly Right-of-way Line, 33.00 feet, to the Point of Beginning. Said tract of land contains 5.05 acres, more or less, and is subject to easements and restrictions of record. re ment. .=._ ="~ r~'a al promises contained hg~1, ~: r of th property legally described -v t~ pa rn as follows: ppdadm/agUrez09-00011 conditional zoning agreement 2. The Owner and Applicant acknowledge that the City wishes to ensure conformance with the principles of the Comprehensive Plan and South Central District Plan. Further, the parties acknowledge that Iowa Code §414.5 (2009) 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 consideratyon of the City's rezoning the subjec roperty, Owner and Applicant agree that develop ent of the subject property will con rm to all other requirements of the zoning chapter, as well as the following conditions: a. A 20 foot wid buffer landscaped to the S3 s andard, as defined by the Iowa City Zoning Code, an including a mix of evergree and deciduous trees planted to the specifications of the ity Forester, to run along e north 256 feet of the east property line. b. All exterior lighting shal a mounted at a hei t not to exceed 30 feet above grade. 4. The Owner and Applicant, a d City acknowl ge that the conditions contained herein are reasonable conditions to i ose on the I nd under Iowa Code §414.5 (2009), and that said conditions satisfy pu is needs t at are caused by the requested zoning change. 5. The Owner, Applicant, and City ack ovule ge that in the event the subject property is transferred, sold, redeveloped, or su div ded, all redevelopment will conform to the terms of this Conditional Zoning Agreem t. 6. The parties acknowledge that this Cond' io al Zoning Agreement shall be deemed to be a covenant running with the land and ith ti a to the land, and shall remain in full force and effect as a covenant with title to a Ian unless or until released of record by the City of Iowa City. The parties further acknowledge th t this agreem t shall inure to the benefit of and bind all successors, representatives, a assigns of the arties. 7. The Owner and Applicant a nowledge that no ing in this Conditional Zoning Agreement shall be construed relieve the Owner or pplicant from complying with all other applicable local, state, a d federal regulations. 8. The parties agree that thi Conditional Zoning Agreeml~ reference into the ordinan rezoning the subject property, publication of the ordinan e, this agreement shall be reco Recorder's Office at the pplicant's expense. Dated this day of CITY OF IOWA CITY 20 Matthew J. Hayek, Mayor shall be incor~rated by d that ton a tion and d in thin Coui ~,. -,~ c~ ..... ~ "~ \ -=t ~ r- ~ r; ~ :~:. N T .c- By: ILJ Investments, Inc ppdadm/agUrez09-00011 conditional zoning agreement 2 Attest: Marian K. Karr, City Clerk By: Dealer Properties IC, LLC Approved by N .~+ .. City Attorney's Office ~ ~.... c-~ -~ ~r CITY OF IOWA CITY ACKNOWL DGEMENT: :~~ ®'~~ ~N f 'I STATE OF IOWA ) ~ ~ ss: JOHNSON COUNTY On this day of undersigned, a notary public in and for the and Marian K. Karr, to me personally knowr the Mayor and City Clerk, respectively, of foregoing instrument; that the seal affixed t said instrument was signed and sealed on k City Council; and that the said Mayor and execution of said instrument to be the volu them voluntarily executed. A.D. 20 ,before me, the ate of Iowa, ersonally appeared Matthew J. Hayek who bein by me duly sworn, did say that they are id muni pal corporation executing the within and to is he seal of said municipal corporation; that ha said municipal corporation by authority of its ;ity Jerk as such officers acknowledged that the a t and deed of said corporation, by it and by Notary Pub~c in and for the State of Iowa My commissi n expires: ILJ I ESTMENTS, INC. ACKNOWL DGEMENT: STATE OF IOWA ) ss: JOHNSON COUN Y ) This instrument was acknowledged before me on this ay of , 20_, by (name) as (title) of ILJ Investments, Inc. Notary Public in and for the State of Iowa ppdadm/agt/rez09-00011 conditional zoning agreement 3 DEALER PROPERTIES IC, L.L.C. ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) ppdadm/agUrez09-00011 conditional zoning agreement 4 This instrument was acknowledged before me on this day of , 20_, by ~.,.,~.,~~ ~~ (titlel of a~ ! -- !~1 -- - 4 w~ ~lE'N - ~i ~ ~~s~ ` !i I f ~i ~y ~~~ '~~ _. ~~~~ ~~ v~ r; ice,' 4J F ~;`~ ~"v.r'; t~ I ~" L ` _ 1 -~ __. - ~~~~~T L~ ~~,~ - -_ - ~IT~ L~~TIC)I~. Nk~rmvn '~'~ek Baul~~ard REL(~'~-~Q{}{~11 ~•L~/1 n~r.~ I;nsaH a~,hnr:e:,-X ~GY.'~ ' ~ Prr~iw:.t: *~.~ m-nz ° ~ , a ... . Y ~ ~ ~ a, .. ~ I I I I I i I ~ I ~I'e ~~H_.{ ss ~ I I - .. ...-e~=cwocymcrw.c, / >~ i.- e~a~F. vA446iFS~ [~ • .....r:r.w~smm io~ ~ ., _, s '~~ J J ~~ ~ a ~ '~ ~ ~ - f~ R~o-r..~krns. 1 Caravsrrg: I I L r LY11 Y I ~ ~ rv[;arr: _ sheet Na: ~ ~ II . i ~~ x~.- _-~_~~ { _ Y~a ' . .. ~~ ... ~. ~_ ~.~ _.. _ . ~; } v E- - - - .~ ,: ~ ~ ~ - -- .~._.,~.~, ...~ ._ ~ _ ,.~ - - - 1 _. .. - ._ e.e o _ _. _ --~--- - - ~- . --.. _ ~.`~, ~`` _ - i _ ~ _ T _ - - T - - - -- ~ - s:- - - - i ~' .. - - ._ _ _. .~. .. .r _... _ ___ , r Yi;' '``y - ".. ".- .vlu„ ~T{a1~f `_~ ,-n _,_ - ~ - - .. ~` - g ~ - - - _ .. _ .. - - - - k3Mw .. - ~_ .., - ~ %' ... ~a ~ r- M ~,r~. Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319- 356-5251 ORDINANCE NO. 10-4383 AN ORDINANCE REZONING APPROXIMATELY 132 ACRES OF LAND FROM COUNTY AGRICULTURAL (C-AG) ZONE TO INTERIM DEVELOPMENT -RESEARCH PARK (ID- ORP) ZONE FOR PROPERTY LOCATED NEAR THE INTERSECTION OF HIGHWAY 1 AND INTERSTATE 80 (REZ09-00006) WHEREAS, Moss Green Development Corporation, hereafter referred to as Applicant, is owner of approximately 60.67 acres of land located northwest of the interchange of Iowa Highway 1 and Interstate 80 and has requested annexation of said land into the City of Iowa City; and WHEREAS, Neal N. Llewellyn and Hills Bank and Trust Company, Trustee of the Otologic Medical Services, PC401(k) Profit Sharing Plan FBO Guy E. McFarland own approximately 71.35 acres of land located northwest of the interchange of Iowa Highway 1 and Interstate 80 and have consented to annexation of said land into the City of Iowa City; and WHEREAS, land annexed into Iowa City must have an appropriate City zoning designation according to the Iowa City Comprehensive Plan; and WHEREAS, the Comprehensive Plan indicates that the subject property is appropriate for future office and research park uses once road access and City services have been extended to the area; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning designation of County Agriculture (AG) to Interim Development- Office Research Park (ID-ORP): LEGAL DESCRIPTION MOSS GREEN DEVELOPMENT CORPORATION: A part of the subdivision of the itilortheast One-Quarter of Section 35, Township 80 North, Range 6 LM1lest of the Fifth Principal Meridian, Johnson County, Iowa, as recorded in Plat Book ~. at Page 11 in the Records of Lhe Johnson County Recorder, Johnson County, Iowa, more particularly described as follows: Lots Four (4}, Five ~5?and Ten (10) and the South nine (~} acres of LoL Six (6}, and the South 12-1/2 acres of Lt~t Eight (8}, aN of the subdivision of Northeast Quarter of Section 35, Township 80 North, Range 6 West of the Fifth principal tvleridian, Johnson County, Iowa, containing 60.6:7 aCre$, more or less, HILLS BANK & TRUST and NEAL N. LLEWELLYN: The Southwest Quarter of the of the Northwest Quarter of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa anal that portion of The Southeast Cluarter of the of the Northwest Quarter of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa IyinR West of Iowa Highway 1(North Dodge Street) containing 71.35 acres, more or less. 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. 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. Ordinance No. 10-4383 Page 2 of 2 SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this ~„~~ day of March , 2010. ~~~~ MAYOR ATTEST: 2u~.~ ~ . CITY CLERK Ap roved by A~t(ti ~~1l~~., City Attorney's Office ~ 1 alto Ordinance No. 10-4383 Page 3 It was moved by Wilburn and seconded by Wright that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey x Champion ~_ Dickens ~_ Hayek x Mims x Wilburn x Wright First Consideration 2 / 16 / 2010 Vote for passage: AYES: Wilburn, Wright, Bailey, Champion, Dickens, Hayek, Mims, NAYS: None. ABSENT: None. Second Consideration --------------- Vote for passage: Date published 3/10/2010 Moved by Wilburn, seconded by Champion, 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. 6b Marian Karr From: Marian Karr Sent: Wednesday, February 24, 2010 10:57 AM To: 'dpettit@dsmhomes.com' Cc: Voldemars Pelds Subject: RE: REZO9-00006 I will provide a copy of your request to Council in tomorrow's packet. However, we are unable to proceed with adoption without receiving approval on the annexation form the State. The comment will note your request and we will enable us to proceed with consideration of your request if approval is received prior to Tuesday evening. Marian -----Original Message----- From: dpettit@dsmhomes.com [mailto:dpettit@dsmhomes.com] Sent: Wednesday, February 24, 2010 10:47 AM To: Marian Karr Cc: Voldemars Pelds Subject: REZ09-00006 Marian, I am writing to request the collapsing of readings two and three for the rezoning of REZ09-00006. The landowner is requesting these readings be collapsed as there were no objections at the last meeting and it is extremely important for us to show progress to our potential tenants that this council is willing to work quickly when necessary and excited about our development. We appreciate the consideration of this request. Sincerely, Daniel Pettit, CRS, GRI RE/MAX Real Estate Group 6600 University Avenue Windsor Heights, IA 50311 O- 515-271-7794 F-515-279-3711 Licensed In Iowa 1 16 city of Iowa city PARKS AND RECREATION DEPARTMENT 220 S. Gilbert Street TO: City Council FROM: Michael Moran Director Parks & Recreation DATE: February 24, 2010 RE: Farmers Market Survey Results and Recommendations Beginning in November of 2009 and ending on December 18, 2009, the Parks and Recreation Department initiated a user's survey for the general public to express comments and answer a short survey about various issues regarding the market. We received 600 public responses and 78 vendor responses. The customer surveys can be read at www ic~;ov.or~/farmersmarket. As a result of this survey, staff, along with the approval of the Parks and Recreation Commission at their February 10, 2010 meeting, voted to accept the following changes to the market effective for the 2010 season; 1) Change the hours of the Wednesday evening market to 5-7 pm (previously 5:30-7:30 pm) 2) Leave the market inside the Chauncey Swan parking Ramp while allowing expansion of open-air stalls onto E. Washington St. during the Saturday morning markets by closing off the 400 block (Gilbert to Van Buren) to vehicular traffic during market times. This street closure would not only allow for more vendors, but would also enhance pedestrian safety by avoiding conflicts. 3) Offer free parking during the Saturday morning markets in the Chauncey Swan Ramp and the Recreation Center parking lot. Wednesday markets already occur during free parking time periods. 4) lncrease the number of vendors at the market, particularly those who sell produce, meats and dairy and wine/beer. Could expand on Saturdays as well with the proposed expansion of Washington St. These changes would be effective with the beginning of this upcoming season. The ordinance change you will also see on the agenda is in regards to the formal expansion of the market onto Washington St. and the addition of alcohol sales and sampling. I will be at your work session and council meeting next week to answer any additional questions or concerns. l~ Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 11, ENTITLED "FARMER'S MARKET," AND TITLE 4, ENTITLED "ALCOHOLIC BEVERAGES," CHAPTER 5, ENTITLED "PROHIBITIONS AND RESTRICTIONS," TO ALLOW THE FARMERS MARKET TO TAKE PLACE ON WASHINGTON STREET AND TO ALLOW THE SALE AND CONSUMPTION OF ALCOHOL AT THE FARMERS MARKET. WHEREAS, the Farmers Market presently is limited to vendors selling their products in Chauncey Swan parking ramp and Chauncey Swan Park; WHEREAS, vendors and others are interested in expanding the Farmers Market to Washington Street; WHEREAS, vendors and others are interested in allowing customers to buy and sample alcoholic beverages at the Farmers Market; and WHEREAS, it is in the City's interest to permit the Farmers Market to take place on Washington Street and to allow the sale and consumption at the Farmers Market. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 4, entitled "Alcoholic Beverages," Chapter 5 entitled "Prohibitions and Restrictions," Section 3, entitled "Consumption or Possession in Public Places and City Buildings," is hereby amended by deleting Subsection A and inserting in lieu thereof the following new Subsection A: It shall be unlawful for any persons to consume or drink any alcoholic beverages on any public street, ground, highway, sidewalk, alley, or public right of way in the city, except at the Farmers Market or if said person has purchased said alcoholic beverage from an "authorized entity", and is on an "authorized site", as those terms are defined in this section. A person shall not use or consume alcoholic beverages in any public place within the city, except premises covered by a license or permit, and when applicable a public right of way easement agreement. 2. Title 4, entitled "Alcoholic Beverages," Chapter 5 entitled "Prohibitions and Restrictions," Section 3, entitled "Consumption or Possession in Public Places and City Buildings," is hereby amended by deleting Subsection B and inserting in lieu thereof the following new Subsection B: A person shall not consume or possess an alcoholic beverage in a city park, except if said person has purchased said alcoholic beverage from an "authorized entity", and is on an "authorized site", as those terms are defined in this section. This subsection shall not apply to property within a city park that is leased to another entity for 99 years or more or the Farmers Market. 3. Title 4, entitled "Alcoholic Beverages," Chapter 5 entitled "Prohibitions and Restrictions," Section 5, entitled "Open Containers," is hereby amended by deleting Subsection B and inserting in lieu thereof the following new Subsection B: Possession Prohibited: It shall be unlawful for any persons to possess any open or unsealed bottle, can, jar or other receptacle containing an alcoholic beverage on any public street, ground, highway, sidewalk, alley, or public right of way in the city, except if said person has purchased said alcoholic beverage from an "authorized entity", and is on an "authorized site", as defined in this chapter. A person shall not possess any open or unsealed bottle, can, jar or other receptacle containing an alcoholic beverage in any public place within the city, except premises covered by a license or permit, and when applicable a public right of way easement agreement. This subsection shall not apply to the Farmers Market. 4. Title 10, entitled "Use of Public Ways and Property," Chapter 11, entitled "Farmers Market," Section 1, entitled "Definitions," is hereby amended by deleting the definitions of Farmers Market, Farmers Market Vendor, Grilling Site, and Stall and inserting the following new definitions: FARMERS MARKET: An open air market sponsored by the city that is intended to provide an opportunity for individuals to sell permitted items that are grown or produced by them, which conform to all applicable city, county and state health and safety provision, including state department of agriculture regulations. GRILLING SITE: A location designated by the director that a grilling vendor is authorized to occupy in order to prepare and sell items consistent with the provisions of this chapter. STALL: A space designated by the director that a farmers' market vendor is authorized to occupy in order to sell items consistent with the provisions of this chapter. 5. Title 10, entitled "Use of Public Ways and Property, Chapter 11, entitled "Farmers Market," Section 3, entitled "Standards for Granting or Denying Authorization," is hereby amended by adding the following new Subsection F: If the person intends to sell alcohol, the person has obtained all necessary permits and licenses from the State of Iowa. 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 in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2010. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office 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 3 / 2 / 20 l0 _ Vote for passage: AYES: Wright, Bailey, Champion, Dickens, Hayek, Mims, Wilburn. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published M~~ ~~ c Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 10-4384 ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, ENTITLED "TAXICABS," TO CLARIFY VEHICLE INSPECTION REQUIREMENTS. WHEREAS, the City Code implies, but does not specifically provide, that a vehicle shall not pass inspection unless it complies with the City Code and the vehicle requirements in the Code of Iowa; and WHEREAS, it is in the public interest to adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 4 entitled "Vehicle Inspection Required," Subsection A, Paragraph 1 is amended by deleting the first paragraph and substituting the following: Each applicant for issuance or renewal of a taxicab decal shall submit, with the application, a certificate of inspection issued by the city equipment superintendent or designee. Such certificate shall be valid for forty five (45) days from the inspection. Each vehicle governed by this chapter shall be subject to an annual inspection, and no vehicle shall pass inspection unless it complies with this chapter and the vehicle equipment requirements of the Code of Iowa. All inspections shall consist of the following: 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 in effect after its final passage, approval and publication, as provided by law. Passed and approved this 2nd day of March , 2010. MAYOR ATTEST: CI LERK Approved by .~~o~ 3 - 3 - r p City Attorney's OfFce Ordinance No. 10-4384 Page 2 It was moved by Bailey and seconded by Wight that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey x Champion x Dickens x Hayek x Mims x Wilburn x Wright First Consideration 2 / 2 / 2010 Vote for passage: AYES: Bailey, Champion, Dickens, Hayek, Mims, Wilburn. NAYS: Wright. ABSENT: None. Second Consideration 2 / 17 / 2010 Vote for passage: AYES: Hayek, Wilburn, Bailey, Champion. NAYS: Wright, Mims, Dickens. ABSENT: None. Date published 3 / 10 / 2010 l~ by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. WHEREAS, the ity prohibits "flashing light " state does not define "fla WHEREAS, electron WHEREAS, the City inspection unless it comp WHEREAS, it is in th NOW, THEREFORE, SECTION I. AMENDMENTS. 1. Title 5, entitled "Business and 'cense "Vehicle Inspection Required," Subsecti A, substituting the following: Each applicant for issuance or renewal o a of inspection issued by the city equipment su for forty five (45) days from the inspection. Ea annual inspection, and no vehicle shall pass ins equipment requirements of the Code of Iowa. 2. Title 5, entitled "Business and License Reg "Vehicle Requirements," is amended by adding the Electronic signs and animated signs on taxicabs a sign which, through the use of moving structur~f elements, or other automated method, results iyf n sign means a sign that displays a changing ssa illuminated medium. SECTION II. REPEALER. All ordina ces an Ordinance are hereby repealed. SECTION III. SEVERABILITY. be invalid or unconstitutional, such ad section, provision or part thereof nod publication, as provided by law. Passed and approved this day of MAYOR ATTEST: CITY C RK Approved by Code does not address electronic signs on taxicabs, and on vehicles, it is not clear that an electronic sign is a "flashing ing light;" is 'gns on taxicabs are a distraction and a safety risk; and Co a implies, but does not specifically provide, that veh lies w the City Code and the vehicle requirements I~7~the Co e public ~nterest to adopt these amendments. / BE IT O DAINED BY THE CITY COUNCIL OF ~~FiE CITY O DANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE CATIONS," CHAPTER 2, ENTITLED "TAXICABS," TO PROHIBIT SONIC SIGNS ON TAXICABS AND TO CLARIFY VEHICLE INSPECTION IR'EMENTS. Regulations," Chapter Paragraph 1 is amen. taxicab decal sha erintendent or d sign c vehicle oov rned ntitled "Taxicabs," Section 4 entitled by deleting the first paragraph and ubmit, with the application, a certificate ee. Such certificate and shall be valid by this chapter shall be subject to an it complies with this chapter and the vehicle alati fis," Chapter 2, entitled "Taxicabs," Section 8 entitled fol~ ing new Subsection D: ~e ohibited. Animated sign means any sign or part of eleme ts, flashing or sequential lights, lighting iovemen or the appearance of movement. Electronic qe throug the use of an electronically controlled and d parts of ordi~nces in conflict with the provision of this the Ordinance shall be adjudged to ~ of the Ordinance as a whole or any its final passage, approval and 2010. F CITY, IOWA: ~h state law because the icle shall not pass de of Iowa; and City Attorr,~y's Office ~~any section, provision or part~~oi judication shall not affect the validii adjudged invalid or unconstitutional. This Ordinance shall be in effect ~~®~r ,~®,~~ 17 CITY OF IOWA CITY MEMORANDUM DATE: February 17, 2010 TO: Mayor and City Council FROM: Capt. Matt Johnson. Police Supt. Tom Hansen, Equipment ivisi RE: Electronic Signage on Taxicabs We have been asked to respond to the question of whether City staff would still recommend a prohibition on electronic signs on taxicabs even if the current State Code were changed. Regardless of whether State law changes, the logic upon which the law is (was) based carries the current argument. PD has a concern regarding the potential of allowing electronic signage on taxicabs. The concern stems from the manner in which we envision the signs being designed. If the sign is designed to "flash" messages to the viewer (which presumably includes other drivers and occupants of vehicles), our concern lies with the fact that this design could be confused with the flashing lights used by emergency vehicles (hence the State Code prohibition) and at the very least presents a significant distraction to other drivers. If the sign is designed to scroll, the distraction increases because it requires the viewer to "read along" as the sign message is presented. Anything that adds to the myriad of other distractions present for drivers only decreases the attention that drivers must pay to the primary task at hand -the safe operation of their vehicle. ~s~ti~ m~~~ b ~ - ~ ~ , Taxi ! Taxi ! I have T ~ ~' ~ ~`~~ ~ , ~ V P 5~ a message for you! ' ~ ~ a Digital roof-top billboards target those in a hurry 1010 ~~R - ~ PPS 1, : 4 ~ By Kathy Prentice %r~~' ~~ ~~; Mini-billboards mounted to the roofs of taxi cabs are not a new sight arounc~(s~' ~; 10 ,y~;~` theater districts and other high-traffic locales. But taxis that digitally display banner ads with weather and stock reports are among the rapidly expanding options for creative advertising on the portable billboards that cruise on average 2,000 miles a week through major markets. To find out where and how your clients can wrap, illuminate or display their messages, read on. Next week, Media Life will move from advertising options on taxi exteriors to inside the cabs where a totally different array of ad opportunities, targeting a different group of consumers, will be profiled. This is one in a Media Life series on buying the new out-of--home venues. They appear weekly. Fast Facts What: Ads on cab exteriors including tops, trunks, windows and wraps. Who: Several media companies are offering variations on exterior taxi ads. They include: - Vert, headquartered in Somerville, Massachusetts. - Medallion Taxi Media, operating out of New York City and New Orleans. - Taxi Tops, a division of Eller Media, headquartered in Las Vegas. How it works: Traditional taxi tops are taking on a novel appearance as they expand from two sides to three or four sides and utilize digital technology, holograms and illumination to display advertising messages. Traditional tops are 14 inches high and 48 inches wide, with dimensions roughly the same ratio as billboards which run 14 feet by 48 feet. Some advertisers use the same creative for both types of signage. Traditional, static taxi-top signage is printed in four-color and is mounted at eye level to both pedestrians and motorists. "Remember, the cab is doing three things in the course of a day," says Charlie DiToro, COO for Eller Taxi Media. "Sitting still at lights, passing a lot of pedestrians who are walking the streets and passing other cars." Extensions from the upper edge of taxi tops are available in some markets. Creative for extensions ties into the message on the topper. Lenticular images can display multiple images for the same client. "The ads are like holograms," DiToro says. "You can see the client's logo in static and also see pictures change when you move or when the cab moves." Full-motion, full-color video, wireless Internet and global positioning are used to create digital screen ads mounted on cab tops. Vert Intelligent Display uses the new technologies to program two- or three-sided screens that display live content and advertisements. VID ads generally run seven to 15 seconds, but can run longer. Zip codes, neighborhoods and specific business districts can be targeted, with ad messages changing as the cab moves through a market. For example, Vert advocates running ads for financial services in affluent neighborhoods, Spanish-language ads in Hispanic neighborhoods and messages targeting college students in and around campuses. A restaurant can buy advertising in its immediate vicinity and can change the display to advertise lunch and dinner specials throughout the day. "Liquor companies, for instance, have said that this is a great way to advertise responsibly because our technology can put up barriers within range of schools and churches where they're not allowed to advertise," says Rick Wessels, vice president of marketing and business development for Vert. Live content -headlines, weather, traffic updates, streaming stock quotes -can be displayed in real time. Animated ads can be displayed via Vert. Ads can be scheduled for certain times of day to target lunch hours, before and after theater slots and other specific demographic objectives. Trunk signage runs 14 by 36 inches and is often sold in a package with tops. Illuminated trunks are Taxi Tops' newest innovation and will be rolled out in Las Vegas within the next two weeks. Wraps and partial wraps are available in some markets. Availability is related to local restrictions. "Wraps have been huge in San Francisco and Boston and are just becoming available in other cities like D.C.," DiToro says. Window stickers are available in some markets and are usually coordinated with tops. "We've done those for many tech clients," DiToro says. Three-dimensional signs are also available. "During the last Super Bowl down here in New Orleans, what we did for Miller Lite was to bolt ice chests with lights inside to the top of our cabs with their logo on the side and then drive down the street. They looked as if someone had left an ice chest on top the cab and people would run down the street after them yelling," says Medallion Taxi Media COO Mary Pat Holt. "Then they had a trunk sign saying `Follow me to the Mardi party."' Branding is the primary objective of taxi exterior advertising, though some.. ~, - '~~wse advertisers also use it for promotions. For example, promotions for Broadwa}~ "'"~°~`~ often advertised on top of taxis in New York City. ~--e ~ n ~ ~ "~""` ~ Creative is usually provided by the client. ~, '~ " " --v DiToro says. Simplicity works, Creative for trunks also follows the simplicity rule. "Trunks are a great br tool," DiToro says. y+ ~ .c Just use your imagination when developing creative for wraps, DiToro advises. "Yahoo looked great simply wrapped in their logo while Air Jamaica's wrap made the cab look like an airplane and CoolSavings.com put sunglasses on the cab." Advertisers buying video signs often modify creative developed for their web pages and internet ads. The ratio of the VID sign size is similar to internet banners. VID screens are brighter than television screens so they can be viewed in sunlight. "We say what works well on a billboard will work on our screens," Wessels says. "You want to capture people's attention and communicate a message quickly." VID screen advertisers can enhance an element of their message. "Your logo and picture can remain on the screen the entire length of the advertisement, and then one part can be animated," Wessels says. "People's eyes are drawn to the motion and are more likely to look at it when they are seeing moving colors and images." Regulations on taxi-toting ads vary by municipality. In some markets where billboards are restricted or hard to buy, like San Francisco and Washington, DC, taxi ads are a widely used alternative. In other markets, restrictions limit what media companies can do with their cabs. When Medallion ran a promotion for Yahoo in New York City they painted cab bumpers the trademark purple and removed the seats and replaced them with purple ones. "We couldn't wrap the whole vehicle in New York, but what we were able to do was fun," Holt says. In addition to complying with local ordinances, taxi media companies offering three- dimensional ads and toppers check bridge and underground parking height restrictions. "We do a lot of homework before we present to the client," Holt says. National advertisers are utilizing exterior taxi ads for multi-market buys while local businesses are buying a market or a portion of a market. "We have a great mix of national, regional and local depending on the city," DiToro says. Taxi exteriors are used for standalone and in multimedia campaigns. ~~ Trickle-down exposure is a fringe benefit of trying the newer venues. Boee~ dimensional and electronic toppers have been covered by print and broadcast 31a in! . ~ recent months. --+ i ~~~ -~ ~~~y ~ Markets: ~ .=- ~:. Vert is currently in Boston and will be moving into New York City by July,~• .~' Expansion into San Francisco is slated for the next 10 to 12 months. `~ Taxi Tops are available in San Francisco, Los Angeles, Detroit, Atlanta, Washington D.C., New York City, Boston, Philadelphia, Miami/Ft. Lauderdale, Las Vegas, Orlando, Dallas, Phoenix, Tucson, San Diego, Reno and Newport, R.I. Medallion Taxi Media has cabs in New York City, New Orleans, Boston, Los Angeles, San Francisco, San Diego, Philadelphia, Atlanta, Atlantic City, Austin, Baltimore, Buffalo, Biloxi, Cincinnati, Cleveland, Colorado Springs, Columbus, Dallas, Denver, Hartford, Houston, Indianapolis, Memphis, Miami, Minneapolis, Newark, Phoenix, Pittsburgh, Salt Lake City, San Antonio, Toledo, Kansas City, Missouri, Washington D.C. and Clearwater, Jacksonville and Pensacola, Florida. Advertising opportunities on cab exteriors vary with local ordinances. For instance, there's not much out-of--home opportunity in Washington, D.C. according to Eller's DiToro, so taxi wraps and other signage is prominent. In New Orleans, French Quarter billboards are virtually non-existent. "But we can go in with our lights lit and horns blowing," Holt says. Some cities, like Boston, license taxis within a "home" community where they pick up their fares. This practice is an asset when targeting demographic groups. "You can zone advertising in 13 areas in Boston and in eight areas of Los Angeles," DiToro says. "You can carve the geography in most cities and select your cabs." Taxis frequent business, commercial and residential areas within a market. The logistics of each market also depend on whether taxis pick up their fares at cab stands or by radio. "You have to determine which type of cab works best for which advertiser," Holt says. Numbers: How measured? Cabs are on the road an average of 20 hours a day; their mileage can be measured and their destinations and routes tracked. Cabs average 2,000 miles weekly according to Eller's DiToro, compared to about 500 miles for a bus and 200 miles fora (wrapped) auto. Vert can report on where and when ads are displayed. "Our software can tell which ad played at what time and location," Wessels says. Taxi Tops estimates 50 million daily viewers of their signs in 12 cities. Medallion Taxi Media has commissioned studies for their major markets to measure impressions and effectiveness. For instance, in Los Angeles studies were conducted for traffic from the airport to downtown (31,908 impressions per taxi per day including 30,822 vehicles and 1,086 pedestrians), local runs (35,960 impressions per taxi per day including 27,770 vehicles and 8,260 pedestrians) and downtown (19,747 impressions per taxi per day including tourists and downtown workers). Research: What product categories do well? Financial companies, medical companies, media (TV, radio, newspapers), entertainment (live and movie industry), liquor, airlines, fashion, restaurants and hotels. Product categories vary from market to market, Holt says. "In New York it's Broadway shows and fashion while in New Orleans we have casinos and beer companies." "I don't know what categories wouldn't work," DiToro says. Demographics: Exterior taxi demographics are similar to other mobile out-of--home, specifically buses and wrapped cars and include auto and pedestrian traffic. ~=? ~ ~_ ~E-~ ~ ~~~ ~ Making the buy: ~'`~ ' ;`~ Vert says that with creative in hand, ads can go up in an hour. _; ~ -~ ~"~ Contracts are generally running one to three months, but are open to other ti~~ ~~ ~ _... • .~~~> frames. Factors that affect pricing are number of signs on cabs, targeting, length of ~dntract~' and customization of the ad. So far advertisers have bought the entire inventory by cab` Costs are negotiable, but for 100 percent inventory the price runs $5,000 per month, per cab. Eller Taxi Tops offers flexible contracts, based on clients' needs. "We do a lot of convention business where they want to be up three to ten days," DiToro says. Lead time is typically seven to ten days, though DiToro says they've put ads on taxi tops in as little as 24 hours. Factors that affect pricing are markets and length and quantity of buy. "Prices vary dramatically by city and what the client's buying," DiToro says. Eller Taxi Tops cost is based on an average CPM with athree-sided taxi top averaging in at 91 cents, atwo-sided taxi top at 72 cents and a trunk sign at 27 cents. Specific pricing information for each market is available on the Taxi Tops web site under Inventory. For instance, in Detroit two-sided tops, extensions and trunks are available. All 130 tops are available at $225 each or for a monthly total of $29,250. Exclusivity comes with tops. Advertisers automatically get both sides, though they can run different messages on each side. If an advertiser doesn't buy both top and trunk when available, approval from both is necessary to run two advertisers on the same cab. Half of the 10,000 cab fleet has the capability to run trunk ads. Medallion Taxi Media offers contracts ranging from one month to a year. Lead time after art is submitted is ten days, but also depends on the number of cabs an advertiser is buying. Factors that affect pricing include number of cabs and length of contract. All toppers on their 12,000 vehicles are two-sided and backlit and advertisers get both sides. Medallion inspects signage monthly. Who's already on taxi exteriors? Terra Lycos on Vert. ABC, Budweiser, CNN, Disney, Fox, HBO, Helmut Lang, Kellogg's, Microsoft, Miller Brewing, Molson Beer, Old Navy, Oldsmobile, Tower Records, Western Union and Cameraworld.com have appeared on Taxi Tops. CBS, The New York Times, Cathay Pacific, MGM, Disney, Yahoo, Banana Republic, Old Navy, Saks Fifth Avenue, Continental Airlines, Planet Hollywood, Sony, Fox, TWA, Los Angeles Philharmonic, Knoxberry Farms, Computer Associates, Continental Airlines, Delta, Bell Atlantic, Ann Taylor and Target have appeared on Medallion Taxis. N G Q ~~ ~ '~ ~ .~ ~, ~. ~ ~ . ~^.. ~ 6 ~ C.~ _ ~.r+^ .~ C`.%1 Halstead uses taxi rooftops as vehicle for advertising 0 ~ ~ October 16, 2008 04:OOPM By Candace Taylor ~, Halstead's new taxi ad campaign ~-~ !,. _..- ,..~ _--t ,~ ; -o ". ~~ Halstead Property is taking its new advertising campaign to the streets. ~% ~ ~' ~_~, ~- Some 200 of the city's new hybrid taxicabs are now displaying ads for the real estate company on rooftop digital video screens. The double-sided LCD flat-screens first appeared atop New York City cabs in March. Though real estate firms have long advertised on taxi rooftops and on TVs inside the cabs, Halstead is the first to take advantage of the new LCD technology, according to Halstead President Diane Ramirez. "They're incredibly eye-catching," Ramirez said. "You just can't miss them. They're above the sea of car roofs." The cabs with ads, which feature slogans from the company's fall luxury ad campaign, were rolled out yesterday afternoon. The ads will run on a continuous loop 24 hours a day, seven days a week, for more than a month, minus two hours when the cabs are cleaned and refueled. The same ads will also be displayed on kiosks throughout the city starting Saturday. "Name-dropping doesn't sell high-end property," one green-and-white ad reads. "We do." The campaign was devised by Pool Inc., the same firm that oversaw Halstead's 2006 brand overhaul. c~ The taxi campaign is part of Halstead's new "S3" service for sellers of properties for more than $5 million. With S3, brokers meet with Halstead's marketing department to create a customized plan for each property, then chart its progress through an online "marketing checklist," which shows advertising initiatives and Web statistics for the listing, such as the daily number of visitors to the listing page. "They don't have to go to the agent and say, what's been happening this week?" explained Robyn Kammerer, Halstead's vice president of communications. "It allows the seller to have more control." Halstead is not the first company to advertise on taxi rooftops. Christina Lowris, an executive vice president of marketing and advertising at the Corcoran Group, said Corcoran has advertised on taxi rooftops on and off for the past 10 years, though not in a digital format. For now, though, Corcoran is pleased with the success of its interior tax ads, she said, and may look to expand them in the future. "We've had amazing success with the taxicab screen as a medium, so we're going to stick with that," she said. "You have a more captive audience in the back of a taxi than on top of a passing cab." Now is the ideal time to launch S3, Halstead's Ramirez said, since sellers are looking for a more strategy-based approach in response to the softening real estate market. "Now that everyone's a little more anxious, the timing could not be more perfect for our message of service and accountability," she said. Though the campaign has been in the works for some time, the taxis will help spread the word, she said. "We wanted to get the message out that our strategy and market plans, and this great accountability, is really what you need to sell property," she said. "Sometimes you have to shout." N b ~" ~' y'e. ~~ ~ n ~ ~ ~~ :_~~ ~~ ~~~ r ~" .~- c~0 r~ C Taxi Cab Digital Signage To Be The Next Big Thing Dictital sianaae or advertising, call it what you will, this has changed the way people shop, now using techno~o.g.y taxi cabs will be able to use digital Signage inside as well as outside the cab whilst empty or carrying fares. The main reason for this development is that like all new technology, once a system is proved to work it is pushed out to almost everyone, whilst it is in development people are watching the initial project with anticipation to see if it will be a success as they do not wish to invest in an industry that could lose money. You may have seen the digital screens in the back of the cabs promoting local attractions from hotels to restaurants, well now with the use of a taxi cab enclosure, digital Signage can now be placed on top of the taxi roof and create an income stream for the taxi company as well as ad agencies. This type of taxi cab digital Signage enclosure, is designed and manufactured to protect the internal electronics from the weather and potential theft, as the enclosure provides a secure micro environment for the hardware to work in a controlled environment. This taxi cab topper could be the next best thing in the digital Signage industry, as we have seen a huge increase in manufacturers offering outdoor TV cabinets, these are used as large outdoor billboards and can be tiled together to form a massive video wall on sides of buildings. Like the Apple iPad this could be the next biggest thing for 2010, let us watch the development and see. t:: ~v~ l.~'. ~ j - ~_ ®c'~ ~ ~ _ ~ -~ c7 ._ _ ~~ ~~ ~ -"'' ~ ~; ® r .. - Digital Signage -- Futuristic Advertising with SBC Very cool -- Vert Inc.'s "VID", or Vert Intelligent Display, is a mobile video graphics display module that mounts to the top of taxicabs and receives advertising media through a wireless internet connection. The VID uses GPS to identify its location and change advertising messages to correspond with advertiser's geographic selections. Futuristic Advertising Debuts with EPIC SBC On- Board 09/27/2006 Vert Intelligent Display Eugene, OR -VersaLogic Corp. announced today that the company's AMD GX 500-based single board computer, the Gecko, has been designed into an innovative advertising media that integrates video, internet, and GPS technology. Vert Inc.'s "VID", or Vert Intelligent Display, is a mobile video graphics display module that mounts to the top of taxicabs and receives advertising media through a wireless internet connection. The VID uses GPS to identify its location and change advertising messages to correspond with advertisers geographic selections. This technology allows, for instance, ads displayed in the financial district to be different than those displayed when the taxi is in a university neighborhood. VersaLogic Corp. will showcase Vert's display in their booth (# 921) at the Embedded Systems Conference in Boston, September 26th - 27th. This futuristic device brings us closer to advertising one might find in science fiction films such as Sony Picture's "The Fifth Element", and Ridley Scott's "Blade Runner", where video advertising on flying vehicles may have been first suggested. The displays are now being used in Boston and will soon be in use in Philadelphia, New Orleans, New York, Las Vegas, and other major cities. The Gecko single board computer integrated into the display controls the ultra-bright LCD and coordinates communication with the central server and GPS system. The Gecko is an EPIC-format single board computer with an AMD GX 500 processor, ideal for mobile applications due to its low power consumption (less than 5 Watts) and lack of moving parts (such as a fan). Features of the board include integrated video and audio, up to 512 MB RAM, 10/100 Ethernet, 4 USB ports, 4 COM ports, analog/digital I/0, and a CompactFlash socket for on-board media storage. About Vert Inc. A leader in the dynamic emerging digital tech industry, Vert is an advertising technology company and developer of an innovative outdoor digital advertising network. Vert created the concept and technology behind the Vert Intelligent Display and is expanding this exciting medium to advertisers and consumers everywhere, creating a colorful new icon of urban street life. Vert has received Series Aventure-backing from Hickory Hilt Advisors, LLC. More information about Vert Inc. can be found at www.Vert.net. About VersaLogic Corporation A leading supplier of industrial computers since 1976, VersaLogic focuses on high-quality board-level products for embedded OEM applications. Product lines include EBX, PC/104, PC/104-Plus, EPIC, and STD 32 Bus. Their 5-year product availability guarantee and outstanding warranties demonstrate a commitment to service. Industry-wide surveys rated the company as a "Platinum" level embedded ~ard vendor for the last three consecutive years. For more information, visit www.VersaLogic.~n. Source: VersaLogic Corporation '~-t --t ["? -- I"' '"~r~ 'v r Taxi, Chicago, 2003 (with Haha) Taxi is a car with a digital advertising sign on the roof. In response to an open invitation, residents supply messages and designate sites for the messages to be screened. Linked with a geographically aware system, messages change relative to the car's location. _ N 4;a ~j ~ ~ O ~ w ~"~ .~.y~ ' .wa.~` (~ ~ 'r ~" DEFINITIONS FROM DICTIONARY.COM/WEBSTERS FLASH noun 1. a brief, sudden burst of bright light: a flash of lightning. 2. a sudden, brief outburst or display of joy, wit, etc. 3. a very brief moment; instant: I'll be back in a flash. 4. Informal. flashlight (def. 1). 5. superficial, meretricious, or vulgar showiness; ostentatious display. 6. Also called news flash. Journalism. a brief dispatch sent by a wire service, usually transmitting preliminary news of an important story or development.Compare bulletin (def. 2). 7. Photography. a. bright artificial light thrown briefly upon a subject during an exposure. b. flash lamp.- c. flashbulb. d. flashtube. 8. The sudden flame or intense heat produced by a bomb or other explosive device. 9. A sudden thought, insight, inspiration, or vision. 10. Slang. rush (def. 25). 11. Metallurgy. a. a ridge of metal left on a casting by a seam between parts of the mold. b. a ridge formed at the edge of a forging or weld where excess metal has been squeezed out. 12. Poker. a hand containing all five suits in a game played with afive-suit pack. 13. a device, as a lock or sluice, for confining and releasing water to send a boat down a shallow stream. 14. The rush of water thus produced. 15. hot flash. N O c~ ° .~-~ ~ 16. Obsolete. the cant or jargon of thieves, vagabonds, etc. s r~ c-~ ~ ~`.; r,. verb (used without object) :'~~,,.., -~ ,~, 17. to break forth into sudden flame or light, esp. transiently or intermittentl:a°-~uo~- flashing in the distance. ' ~ s- Cz~ 18. to gleam. 19. to burst suddenly into view or perception: The answer flashed into his mind. 20. to move like a flash. 21. to speak or behave with sudden anger, outrage, or the like (often fol. by out): to flash out at a stupid remark. 22. to break into sudden action. 23. Slang. to open one's clothes and expose the genitals suddenly, and usually briefly, in public. ~~ 24. Slang. to experience the intense effects of a narcotic or stimulant drug. 25. to dash or splash, as the sea or waves. 26. Archaic. to make a flash or sudden display. -verb (used with object) 27. to emit or send forth (fire or light) in sudden flashes. 28. to cause to flash, as powder by ignition or a sword by waving. 29. to send forth like a flash. 30. to communicate instantaneously, as by radio or telegraph. 31. to make an ostentatious display of: He's forever flashing a large roll of bills. 32. to display suddenly and briefly: She flashed her ID card at the guard. 33. to change (water) instantly into steam by pouring or directing onto a hot surface. 34. to increase the flow of water in (a river, channel, etc.). 35. Glassmaking and Ceramics. a. to coat (plain glass or a glass or ceramic object) with a layer of colored, opalescent, or white glass. b. to apply (such a layer). c. to color or make (glass) opaque by reheating. 36. Building Trades. to protect from leakage with flashing. 37. Cards. to expose (a card) in the process of dealing. 38. Archaic. to dash or splash (water). -adjective 39. sudden and brief: a flash storm. 40. showy or ostentatious. 41. caused by or used as protection against flash: flash injuries; flash clothing. 42. counterfeit or sham. 43. belonging to or connected with thieves, vagabonds, etc., or their cant or jargon. o 44. of or pertaining to followers of boxing, racing, etc. o ° -Idioms ~~ ~ 45. flash in the pan, ~ -`= ~ a. a brief, intense effort that produces no really significant result. --~ ~'~° b. a person who makes such an effort; one who enjoys short-lived success: '~ -v ~~ ~ 46. flash on, Slang. ~ ~ ~- a. to have a sudden thought, insight, or inspiration about. „~- b. to have a sudden, vivid memory or mental picture of: I just flashed on that day~e spent at the lake. c. to feel an instantaneous understanding and appreciation of. -Synonyms 1. flare, gleam, glare. 3. twinkling, wink. 18. scintillate. Flash, glance, glint, glitter mean to send forth a sudden gleam (or gleams) of bright light. To flash is to send forth light with a sudden, transient brilliancy: A shooting star flashed briefly. To glance is to emit a brilliant flash of light as a reflection from a smooth surface: Sunlight glanced from the glass windshield. Glint suggests a hard bright gleam of reflected light, as from something polished or burnished: Light glints from silver or from burnished copper. To glitter is to reflect intermittent flashes of light from a hard surface: Ice glitters in the moonlight. 40. flashy, gaudy, tawdry; pretentious, superficial. 42. false, fake. Flash, flashed, flashing, flashes To burst forth into or as if into flame. To give off light or be lighted in sudden or intermittent bursts. To appear or occur suddenly: The image flashed onto the screen. To move or proceed rapidly: The cars flashed by. To hang up a phone line momentarily, as when using call waiting. Slang To think of or remember something suddenly: flashed on that time we got caught in the storm. Slang To expose oneself in an indecent manner. VERB To cause (light) to appear suddenly or in intermittent bursts. To cause to burst into flame. To reflect (light). To cause to reflect light from (a surface). To make known or signal by flashing lights. To communicate or display at great speed: flashed the news to the world capitals. To exhibit briefly. To hang up (a phone line) momentarily, as when using call waiting. To display ostentatiously; flaunt. To fill suddenly with water. To cover with a thin protective layer. NOUN ~~ -~+ c-> -~' -~ N c i A sudden, brief, intense display of light. A sudden perception: a flash of insight. ~='.;, ~' A split second; an instant: I'll be on my way in a flash. ~=~:~ .ten A brief news dispatch or transmission. Slang Gaudy or ostentatious display: "The antique flash and trash of an older southern California have given way to a sleeker age of cultural hip" (Newsweek). A flashlight. Instantaneous illumination for photography: photograph by flash. A device, such as a flashbulb, flashgun, or flash lamp, used to produce such illumination. Slang The pleasurable sensation that accompanies the use of a drug; a rush. Obsolete The language or cant of thieves, tramps, or underworld figures. 1 ADJECTIVE Happening suddenly or very quickly: flash freezing. Slang Ostentatious; showy: a flash car. Of or relating to figures of quarterly economic growth released by the government and subject to later revision. Of or relating to photography using instantaneous illumination. Of or relating to thieves, swindlers, and underworld figures. [Middle English flashen, to splash, variant of flasken, of imitative origin.] Synonyms: These verbs mean to send forth light. Flash refers to a sudden and brilliant but short-lived outburst of light: A bolt of lightning flashed across the horizon. Gleam implies transient or constant light that often appears against a dark background: "The light gleams an instant, then it's night once more" (Samuel Beckett). Glance refers most often to light reflected obliquely: Moonlight glanced off the windows of the darkened building. Glint applies to briefly gleaming or flashing light: Rays of sun glinted among the autumn leaves. Sparkle suggests a rapid succession of little flashes of high brilliance (crystal glasses sparkling in the candlelight), and glitter, a similar succession of even greater intensity (jewels glittering in the display case). To glisten is to shine with a sparkling luster: The snow glistened in the dawn light. Shimmer means to shine with a soft, tremulous light: "Everything about her shimmered and glimmered softly, as if her dress had been woven out of candle-beams" (Edith Wharton). Glimmer refers to faint, fleeting light: "On the French coast, the light/Gleams, and is gone; the cliffs of England stand,/Glimmering and vast, out in the tranquil bay" (Matthew Arnold). To twinkle is to shine with quick, intermittent flashes or gleams: "a few sfars, twinkling faintly in the deep blue of the night sky" (Hugh Walpole). Scintillate is applied to what flashes as if emitting sparks in a continuous stream: Word Origin & History flash late 14c., from flasken (c.1300) "to dash or splash" (as water), probably imitative. Related: Flashed. Sense of "give off a sudden burst of light or flame" is 1540s, as is the noun. Meaning "photographic lamp" is from 1913. Flash in the pan (1809) is from old- style guns, where the powder might ignite in the pan but fail to spark the main charge. Flash flood is from 1940; flash point (also flashpoint) is from 1878, figurative use by N 1955. ° a d C?-~ ~ ~~ ~~ ~ ®"~ .~, ~~ .~ Ti r+~~ ~f ~.+ai~irag f~~- a cab,-. Tilt yr c3 ar d- E6"H~ca~n~ tcs Flash ~ T.AX6 si c~9. n and C ~.~ [ eea6 sups ~ u st ~rsr yrgu_ ~r~-c r ~~r __ V ~. .~ .~ ~~~~t~ 03-02-10 18 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED "COMMERCIAL USE OF SIDEWALKS," SECTION 5, ENTITLED, "USE BY MOBILE VENDORS," TO INCREASE THE VENDORS IN CITY PLAZA AND TO DECREASE THE MINIMUM HOURS REQUIREMENT. WHEREAS, regulating the public right-of-way by commercial businesses ensures the safe movement of pedestrians and fair commercial use of the right-of-way; WHEREAS, section 10-3-5 presently provides that the City may issue six permits for mobile vending in city plaza and two permits on Iowa Avenue and requires specified hours of operation; WHEREAS, vendors prefer to be located on city plaza because there is more "foot traffic" than on Iowa Avenue; WHEREAS, decreasing the minimum hours of operation allows vendors more flexibility in operating their businesses; and WHEREAS, it is in the City's interest to increase the vendors in city plaza and to decrease the minimum hours requirement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 5, entitled "Use by Mobile Vendors," is hereby amended by deleting Subsection A, Paragraph 2a in its entirety and by substituting in its place the following new paragraph: No more than eight (8) permits shall be issued each calendar year. All permits shall be issued for city plaza except that up to two (2) permits may be issued for the 100, 200, and 300 blocks of Iowa Avenue. 2. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 5, entitled "Use by Mobile Vendors," is hereby amended by deleting Subsection A, Paragraph 2c in its entirety and by substituting in its place the following new paragraph: At a minimum, mobile vendors shall operate from May 1 to October 1 from eleven o'clock (11:00) A.M. to two o'clock (2:00) P.M. Monday through Friday. 3. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 5, entitled "Use by Mobile Vendors," is hereby amended by is hereby amended by deleting Subsection A, Paragraph 21 in its entirety. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a municipal infraction or a simple misdemeanor. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. 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 , 2010. MAYOR ATTEST: CITY CLERK Approved by ~~'~'~ ~'c~~F~~U City Attorney's Office 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 3 / 2 / 2010 Vote forpaSSage: AYES: Champion, Dickens, Hayek, Mims, Wilburn,Wright, Bailey. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published