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HomeMy WebLinkAbout2010-04-27 Ordinance04-27-7 U 10 Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 ORDINANCE NO. AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE MOSS GREEN URBAN VILLAGE URBAN RENEWAL AREA, IN THE CITY OF IOWA CITY, COUNTY OF JOHNSON, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF IOWA CITY, COUNTY OF JOHNSON, IOWA CITY COMMUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, REBATES, GRANTS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH SAID URBAN RENEWAL REDEVELOPMNENT PROJECT. WHEREAS, the City Council of the City of Iowa City, Iowa, after public notice and hearing as prescribed by law and pursuant to Resolution No. passed and approved on the day of , 2010, adopted an Urban Renewal Plan (the "Urban Renewal Plan") for an urban renewal area known as the Moss Green Urban Village Urban Renewal Project Area, (the "Urban Renewal Project Area"), which Urban Renewal Project Area includes the lots and parcels located within the area legally described as follows: MOSS-GREEN URBAN VILLAGE A part of the subdivision of the Northeast One-Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, as recorded in Plat Book 1 at Page 11 in the Records of the Johnson County Recorder, Johnson County, Iowa, more particularly described as follows: Lots Four (4), Five (5) and Ten (10) and the South nine (9) acres of Lot Six (6), and the South 12-1/2 acres of Lot Eight (8), all of the subdivision of Northeast Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, containing 60.67 acres, more or less; and All of the Northeast Quarter of the Southeast Quarter, a part of the Southeast Quarter of the Southeast Quarter lying North of the Interstate 80 Right-of--Way line and the East 63.75 acres of the West Half of the Southeast Quarter lying North of the Interstate 80 Right-of--Way line, all of said Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, being more particularly described as follows: BEGINNING at the East Quarter Corner of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 00°46'46" East, a distance of 1,980.54 feet to the North Right-of--Way line of Interstate 80; THENCE South 82°24'15" West, along the North Right-of--Way line of Interstate 80, a distance of 646.23 feet; THENCE continuing west along the North Right-of--Way line of Interstate 80, North 88°11'05" West, a distance of 1,731.77 feet; THENCE North 00°54'55" West, a distance of 2,023.65 feet to the North line of the Southeast Quarter of said Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 89°41'57" East, along said North line of the Southeast Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, a distance of 2,376.$8 feet to the POINT OF BEGINNING, containing 111.22 acres, more or less; and 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 and that portion of The Southeast Quarter of the of the Northwest Quarter of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa lying West of Iowa Highway 1 (North Dodge Street) containing 71.35 acres, more or less. WHEREAS, expenditures and indebtedness are anticipated to be incurred by the City of Iowa City, Iowa in the future to finance urban renewal project activities carried out in furtherance of the objectives of the Urban Renewal Plan; and WHEREAS, the City Council of the City of Iowa City, Iowa desires to provide for the division of revenue from taxation in the Urban Renewal Project Area, as above described, in accordance with the provisions of Section 403.19 of the Code of Iowa, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the taxes levied on the taxable properly in the Urban Renewal Project Area legally described in the preamble hereof, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District, and all other taxing districts from and after the effective date of the Ordinance shall be divided as hereinafter in the Ordinance provided. Section 2. That portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts upon the total sum of the assessed value of the taxable property in the Urban Renewal Project Area, as shown on the assessment roll as of January 1 of the calendar year preceding the first calendar year in which the City of Iowa City certifies to the County Auditor the amount of loans, rebates, grants, advances, indebtedness, or bonds payable from the division of property tax revenue described herein, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for the taxing district into which all other property taxes are paid. Section 3. That portion of the taxes each year in excess of the base period taxes determined as provided in Section 2 of this Ordinance shall be allocated to and when collected be paid into a special tax increment fund of the City of Iowa City, Iowa hereby established, to pay the principal of and interest on loans, grants, rebates, monies advanced to, indebtedness, whether funded, refunded, assumed or otherwise, including bonds or obligations issued under the authority of Section 403.9 or 403.12 of the Code of Iowa, as amended, incurred by the City of Iowa City, Iowa, to finance or refinance, in whole or in part, urban renewal projects undertaken within the Urban Renewal Project Area pursuant to the Urban Renewal Plan, except that taxes for the payment of bonds and interest of each taxing district shall be collected against all taxable property within the Urban Renewal Project Area without any limitation as hereinabove provided. Section 4. Unless or until the total assessed valuation of the taxable property in the Urban Renewal Project Area exceeds the total assessed value of the taxable property in the Urban Renewal Project Area as shown by the assessment roll referred to in Section 2 of the Ordinance, all of the taxes levied and collected upon the taxable property in the Urban Renewal Project Area shall be paid into the funds for the respective taxing districts as taxes by or for said taxing districts in the same manner as all other property taxes. Section 5. At such time as the loans, grants, rebates, advances, indebtedness, bonds and interest thereon of the City of Iowa City, Iowa referred to in Section 3 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the Urban Renewal Project Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 6. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be construed so as to fully implement the provisions of Section 403.19 of the Code of Iowa, as amended, with respect to the division of taxes from properly within the Urban Renewal Project Area as described above. In the event that any provision of this Ordinance shall be determined to be contrary to law, it shall not affect other provisions or application of the Ordinance which shall at all times be construed to fully invoke the provision of Section 403.19 of the Code of Iowa with reference to the Urban Renewal Project Area and the territory contained therein. Section 7. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed and approved this day of , 20 MAYOR ATTEST: CITY CLERK _..-- Ap~ " Y. ,, /' `' ](~~'rty Attorney' ffice ~_~~_~~ 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 4/27/2010 Vote for passage: AYES: Hayek, Mims, Wilburn, Wright, Bailey, Champion, Dickens. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published ~,.~ Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER ,~ 5, ENTITLED MISCELLANEOUS OFFENSES," SECTION 2, ENTITLED "AGGRESSIVE PANHANDLING," TO PROHIBIT SOLICITING FOR MONEY IN LIMITED AREAS IN THE DOWNTOWN. WHEREAS, aggressive solicitation is disturbing and disruptive to citizens and businesses, contributes to the loss of access to and enjoyment of public places and also enhances the sense of fear, intimidation and disorder; WHEREAS, a confined, unwilling, and captive audience is susceptible to undue intimidation, pressure, and harassment from solicitors; WHEREAS, the City has an interest in protecting persons from intimidation and harassment, an interest in public safety, and an interest in the free flow of pedestrian traffic; WHEREAS, solicitors on sidewalks near the entrance to a crosswalk cause pedestrians to cross streets at places other than crosswalks; WHEREAS, solicitors in close proximity to each other can impede pedestrian traffic and can be intimidating; WHEREAS, for purposes of understanding and enforcing the restrictions on soliciting in City Plaza, a/k/a the ped mall, it is preferable to allow soliciting in a certain area rather than restricting it by varying distances from sidewalk cafes, mobile venders, and the playground equipment; WHEREAS, this ordinance is not intended to limit any person from exercising their constitutional right to solicit funds, picket, protest or engage in other constitutionally protected activity but rather its goal is to protect citizens from the fear and intimidation that accompany certain kinds of solicitation that are unwelcome, to ensure the free flow of pedestrian traffic, and to encourage economic vitality; and WHEREAS, it is in the best interest of the City to adopt this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 8, entitled "Police Regulations, Chapter 5, entitled "Miscellaneous Offenses," Section 2, entitled "Aggressive Solicitation," Subsection A, entitled "Definitions," is amended by adding the following new definitions: "City Plaza" is defined in section 10-5-2 of this code. "Crosswalk" is defined in section 9-1-1 of this code. "Zone 3 of City Plaza" means "zone 3" as that term is defined in section 10-5-2 of this code. ~~ ~~ 2. Title 8, entitled "Police Regulations, Chapter 5, entitled Miscellaneous Offenses, Section 2, entitled "Aggressive Solicitation," Subsection A, entitled "Definitions," is amended by adding the following to the definition of "aggressive soliciting": Using a sign to solicit that includes obscene, profane or abusive language 3. Title 8, entitled "Police Regulations," Chapter 5, entitled "Miscellaneous Offenses," Section 2, entitled "Aggressive Solicitation," Subsection B, entitled "Illegal Activities," is amended by deleting it in its entirety and substituting the following new Subsection B in lieu thereof: B. In the "downtown" except for city plaza, it is illegal: 1. To solicit in an aggressive manner. 2. To solicit within ten feet (10') of the anchored or temporary fencing to a sidewalk cafe. 3. To solicit within ten feet (10') of any building. 4. To solicit within fifteen feet (15') of a crosswalk. 5. To solicit within twenty feet (20') of an automated teller machine. 6. To solicit within ten feet (10') of a mobile vendor. 7. To solicit within fifteen feet (15') of another solicitor. In city plaza, it is illegal: 1. To solicit in an aggressive manner. 2. To solicit in a location other than the area in Zone 3 as illustrated in the map below. 3. To solicit within fifteen feet (15') of a crosswalk. 4. To solicit within twenty feet (20') of an automated teller machine. Ordinance No. Page 2 5. To solicit within ten feet (10') of a mobile vendor. 6. To solicit within fifteen feet (15') of another solicitor. 4. Title 8, entitled "Police Regulations, Chapter 5, entitled "Miscellaneous Offenses," Section 2, entitled "Aggressive Solicitation," Subsection C, entitled "Citations," is amended by deleting Subsection C in its entirety and substituting the following new Subsection C in lieu thereof: Except for soliciting in an aggressive manner, no person shall be cited under subsection B above unless the person engages in conduct prohibited by said subsections after having been notified by a peace officer that the conduct violates the City ordinance. SECTION II. VIOLATION. Any violation of this ordinance shall be considered a simple misdemeanor punishable by a fine of $65.00. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2010. MAYOR ATTEST: CITY CLERK Appra~ed byr, City Attorney's Office City Plaz a Soliciting Area o so too N The names of businesses are for purposes of illustrating where soliciting is allowed in City Plaza and where it is prohibited. The names are subject to change. Soliciting is prohibited in City Plaza except in the areas marked by ®or within: 1. 20 feet of an ATM 2. 10 feet of a mobile vendor 3. 15 feet of another solicitor Planter m w O 'u Washington Street a a ® P low. o ~ ~..~.. HMOM t~ O~INry ~ ® ChmPNn~ r.,nN. ~~ ''''''°°°~~~ .r.r. eoweay, lew. wry ToWeeo Bowl popnynphlea Bua poet ® W~/N Nryo ~' Sheraton Inn H C 7 Apri12010 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 4 / 27 / 2010 Vote for passage: AYES: Mims, Wilburn, Bailey, Champion, Dickens, Hayek. NAYS: Wright. ABSENT: None. Second Consideration _ Vote for passage: Date published r ^~~,~~~ CITY OF IOWA CITY 11 ~,~ ~~ RA~DI~~ ~ EMCJ Date: April 22, 2010 To: City Council From: Eleanor Dilkes, City Attorney Re: Solicitation and Smoking Downtown On your April 27 agenda are two proposed ordinances that address solicitation for immediate donations of money and smoking in the downtown area. I have discussed the proposed changes with the DTA and the DTA finds them acceptable. A. Solicitation. The changes will result in the following prohibitions: 1) Pedestrian Mall: No solicitation outside of a large section of "zone 3" as shown on the diagram in the proposed ordinance or within 20 feet of an ATM or 10 feet of a mobile vendor. Restrictions on soliciting within so many feet of the entrance or exit of a building, playground or a sidewalk cafe are eliminated because they are no longer necessary. 2) Downtown Outside of Pedestrian Mall: No solicitation within 10 feet of all buildings outside the pedestrian mall (currently it is prohibited within 10 feet of building entrances and exits). Attached for your information is a map showing the width of the sidewalks in the areas outside the pedestrian mall in the central downtown area. The prohibitions on solicitation 10 feet from a sidewalk cafe, 20 feet from an ATM and 10 feet from a mobile vendor remain. 3) Within 15 feet of crosswalks (this is a new restriction) in all of downtown; 4) Within 15 feet of another solicitor (this is a new restriction) in all of downtown. 5) Including within the definition of "aggressive solicitation" the use of a sign to solicit that includes obscene, profane or abusive language. The existing ordinance already prohibits spoken language or gestures of this sort. This restriction applies throughout the community B. Non-Smoking Areas. The proposed amendment adds the pedestrian mall and ten feet from sidewalk cafes outside the mall to the list of city-designated non-smoking areas and amends the restrictidn on smoking at the Farmer's Market to be consistent with changes made in the hours and location of the market. Please give me a call if you have questions. Cc: Dale Helling, Interim City Manager Marian Karr, City Clerk Jeff Davidson, Director of Planning & Community Development Sam Hargadine, Chief of Police ~ 0 0 m c ~° o Q m 0 rt (D fD CLINTON ST CLINTON ST LINN ST ~ r~uu c-r r ~_ CITY U~ ICa1NA CITY 3'--::~I ~''~~ ~~ ~~ Date: April 21, 2010 To: City Council From: Jeff Davidson, Director of Planning & Community Development ~ Re: April 26, 2010 work session discussion on anti-panhandling initiatives; proposed parking meter donation program Overview At your March 22 work session you directed staff to prepare several anti-panhandling initiatives which we will be discussing with you at the April 26 work session. Among the initiatives is an anti- panhandling parking meter donation program. We have researched several communities which operate such programs and report successfully reducing the number of panhandlers through the operation of a parking meter donation program. Parking meter donation programs encourage people to not give directly to panhandlers, but instead put their money in specially painted out of service parking meters where it can distributed to local human service agencies which focus on homeless and low income persons. It is human nature to assist those who appear helpless. However, many panhandlers in our community receive support from local agencies and are using money collected from panhandling to support a dependence on drugs or alcohol. There are also persons who travel to college and university communities because soliciting for cash in college towns is financially rewarding. The intent of the parking meter donation program is to provide a means for the public to donate funds towards services for homeless and lower income persons in need. Appearance of meters Attached is a proposal for what our parking meter donation stations will look like. We are recommending they be purple in color so that they stand out and can be distinguished from normal parking meters. Shown in the example is the proposed verbiage on each meter explaining what the meters are for and what the donated funds will be used for. Council specifically requested that we keep the anti-panhandling message as positive as possible. We mentioned at the March 22 meeting the possibility of decorating the donation meters through the Public Art Program. This is still our intent. However, to decorate the meters through the Public Art Program initially would delay the installation approximately two months. What we have decided is to paint all nine meters as shown in the example and to paint a spare meter head which will not be installed initially. In FY11 we will develop a strategy to further enhance the meters through the Public Art Program. This may involve swapping out meter heads one at a time using the spare meter head so that artists may decorate the meters off-site and then have them re-installed. We have not yet determined all the details of the program. However, this will allow us to proceed immediately and eventually enhance the meter donation stations as public art. Collection and distribution of funds The Iowa City Parking Division has agreed to collect funds from the meter donation stations as part of their regular parking meter collection routes. The collected funds will have their own revenue line in the JCCOG Human Services coordinator budget. Twice a year funds will be distributed to the following human service agencies that focus on homeless and low income persons: o Shelter House (homeless shelter) o Free Lunch Program o United Action for Youth (street outreach for youth) o PATH (a program of the Community Mental Health Center -works with people who are homeless or may become homeless) Additional information for the public We have attached a sample brochure to educate the public on the purpose of the donation meters and what donations will be used for. We would intend to distribute these brochures to downtown businesses and other public outlets such as the Library and Recreation Center. This information will also be placed on the City website and distributed through public service announcements. Please be prepared to discuss the proposed parking meter donation program at your April 26 work session. Let us know if there is any aspect of the program which a majority of the City Council wishes to modify. 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Marian Karr -----Original Message----- From: iccccommittee~pro-democracyadvocacy.net [mailto:iccccommittee@pro- democracyadvocacy.net] Sent: Sunday, April 04, 2010 9:59 AM To: Council; iowacitycitizenscommunitycommittee@yahoogroups.com; liz-smothers@uiowa.edu Subject: Elizabeth Smothers Letter About Iowa City Panhandling The Elizabeth Smothers letter that she wrote on March 30th and is included in the April 6, 2010 City Council Meeting agenda deserves a response from the Iowa City Citizens Community Committee due to the ignorance and prejudice shown by the letter writer. It is this Committee's intent to foster humanistic understanding and an awareness of the reality of .the destitute poor and of panhandlers in general. The founder of Iowa City Citizens Community Committee was, himself, homeless for about two-thirds of his six-year pre-Iowa City existence from 1999 to 2006. The founder of ICCC Committee has been aware since the 1970s of .the existence of "career" panhandlers, some of which under investigation were discovered to make several hundreds of dollars daily at airports such as the Los Angeles International Airport. But, as has been also discovered in those investigations, most of the time, those high-earning professional panhandlers, with only a few exceptions were connected with non-mainstream theistic groups and cults. However, there are a few classifications that are readily apparent in considering legitimately poor and / or destitute panhandlers: 1) There are those who have mental dysfunction and cannot participate in "normal" societal economic pursuits no matter how therapy and education is provided to them; 2) there are those who have been literally "black listed" by employers for their union, political, social or civil rights, or free speech advocacy; 3) there are those who have genuine physical handicaps and their SSI and welfare subsistence funding does not pay enough for their proper diet and wellfare; 4) there are those who are transient and for whom taking time to clean up, search for employment and earning enough to travel on, let alone live on until obtaining enough to travel on, would take a month or several months, due to their not being "established" in town with no references. These are just a few classifications. The biggest problem that most of the panhandlers in Iowa City have is that there are those in our general public who simply do not like the sight of panhandlers. Most panhandlers in Iowa City are quite aware of the municipal codes that prohibit aggressive panhandling. There is only one person who regularly appears around Washington Street between Clinton Street and Dubuque Street or in the Ped Mall. That person is, indeed, unemployable and is indeed homeless, and is known as a person to most regulars of the Ped Mall area. Downtown merchants have a legitimate complaint in some cases, where panhandlers have stood around commercial doorways as a blight on the commercial atmosphere that the commercial proprietors are trying to create, but that is not common for whatever the reason. In about 2006, there was a study that was released to the news media that stated their 1 survey found 2,400 legitimate homeless people in Johnson County. Does anyone in City Council know what a homeless person looks like? When the founder of this Committee has appeared to speak before City Council, not only has the founder of this Committee once been homeless for four out of six years from 1999 to 2006, but, the founder of this committee looks no different today in apparel than he did when he was homeless! So how does one determine who looks homeless? Is there no sympathy for those who have lost their jobs and do not qualify for meager public assistance? This is a serious issue. MOST homeless people blend in with society, it is only the fringe element of the homeless who "look like that". Most homeless people survive by blending in with general society, and yes, most homeless people earn money in some limited way, but they do not earn enough to "live like us", and probably half of the panhandlers this Committee witnesses around the Ped Mall fit that category. There is a triad of issues here. The rights of pedestrians to not be accosted by "beggers", the rights of merchants to not have their commercial atmosphere be degraded by roughly-dressed persons asking for donations, and the rights of citizens in low-income or destitute situations to practice free speech in search of humanitarian contributions to their wellfare. This committee feels that as long as all three rights are respected by all three constituents, that there can be a harmony. But expressing ignorantly prejudiced opinions about lower class persons of our society only creates a caste system which must be avoided at all costs. A copy of this communique is being posted to the ICCC Committee list-serve and sent to Elizabeth Smothers. Mr. Libris Fidelis Founder Iowa City Citizens Community Committee Iowa City, Iowa 2 12 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 6, ENTITLED "PUBLIC HEALTH AND SAFETY," CHAPTER 10, ENTITLED "SMOKE FREE PLACES," TO PROHIBIT SMOKING THROUGHOUT CITY PLAZA AND NEAR SIDEWALK CAFES AND TO MAKE THE SMOKING PROHIBITION AT THE FARMERS MARKET CONSISTENT WITH THE EXPANSION IN HOURS AND LOCATION. WHEREAS, the Smokefree Air Act ("the Act"), which is codified at chapter 142D of the Code of Iowa, prohibits smoking in many public places; WHEREAS, the Act allows the City to declare additional areas within its custody or control, which are otherwise exempt under the Act, to be nonsmoking places; WHEREAS, the City previously declared a portion of City Plaza, a/k/a the ped mall, to be smoke free; WHEREAS, the City previously declared Chauncey Swan Ramp and Park to be smoke free beginning thirty (30) minutes prior to the Farmers Market; WHEREAS, smoking should be prohibited. within ten (10) feet of all sidewalk cafes not in City Plaza; and WHEREAS, it is in the City's best interest to declare the entire City Plaza to be smoke free, to prohibit smoking within ten (10) feet of sidewalk cafes located outside City Plaza, and to make the smoking prohibition during the Farmers Market consistent with the change in hours of the market and the expansion of the market onto Washington Street. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 6, entitled "Public Health and Safety," Chapter 10, entitled "Smoke Free Places," Section 1, entitled "Smoke Free Places Itemized," is amended by deleting Subsections B, C, D, O, and P in their entirety and substituting the following new Subsections in lieu thereof: B. Municipal Parking Ramps except in privately owned vehicles that are not located in the Chauncey Swan Parking Ramp during the Farmers Market as provided in this Section. C. City plaza except the public alleys. "City plaza" is defined in section 10-5-2 of this code. D. The area between the public library and Linn Street including the sidewalk, as illustrated on the diagram below, and the area within ten feet (10') of a sidewalk cafe that is not in city plaza. "Sidewalk cafe" is defined in section 10-3-1 of this code. O. Farmers Market beginning thirty (30) minutes prior to the opening of the Farmers Market. "Farmers Market" is defined in section 10-11-1 of this code. P. The area within fifty feet (50') of any outdoor stage or location where musicians are performing during any outdoor entertainment venues where members of the general public assemble to witness entertainment events, such as but not limited to Arts Fest and Jazz Fest. 2. The diagram at the end of Title 6, entitled "Public Health and Safety," Chapter 10, entitled "Smoke Free Places," Section 1, entitled "Smoke Free Places Itemized," is deleted in its entirety and the following new diagram is substituted in lieu thereof. 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 Approved by ~~a(.~~ ATTEST: CITY CLERK City Attorney's Office alley Designated nonsmoking area Nonsmoking Places Apri12010 +~ a~ a~ .,.., a aND College Street 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 4 / 27 / 2010 Vote for passage: AYES: Wilburn, Wright, Bailey, Champion, Dickens, Hayek, Mims. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 13 Prepared by: Brad Neumann, JCCOG, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 ORDINANCE NO. ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITLED "SPEED RESTRICTIONS," SUBSECTION B, ENTITLED "EXCEPTIONS." WHEREAS, the current Iowa City Code Section 9-3-6(B) does not define the speed limit for Taft Avenue between Lower West Branch Road and American Legion Road; and WHEREAS, the City wishes to amend the maximum speed limits by reducing the speed limit from 55 miles per hour (not posted) to 35 miles per hour and clarify the location where those limits apply; and WHEREAS, increased vehicle, pedestrian, and bicycle use from increased development are contributing factors in the corridor described above; and WHEREAS, it is in the public interest to reduce maximum allowable speeds for all vehicles on that portion of Taft Avenue described above. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. 1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," Section 6, entitled "Speed Restrictions," Sub-Section B, entitled "Exceptions" is hereby amended by adding the following language under the headings of "Name of Street" and "Maximum Speed Limit (MPH)" and "Where Limit Applies": Maximum Speed Limit Name of Street MPH Where Limit A lies Taft Avenue 35 Between Lower West Branch Road and American Le ion Road SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective upon publication. Passed and approved this day of , 2010. MAYOR ATTEST: CITY CLERK jccogtp\ORD\OldHwy218SpeedRestridl2 4 09.doc Approved by City Attorney's Office ~~~o 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 4 / 27 / 2010 VotefOrpaSSage:AYES: Wright, Bailey, Champion, Dickens, Hayek, Mims, Wilburn. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published ~~_ Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 1, ENTITLED "ADMINISTRATION," CHAPTER 4, ENTITLED "GENERAL PENALTY," SECTION 2D TO PROVIDE THAT THE CIVIL PENALTY FOR OVER- OCCUPANCY OF A RENTAL UNIT BE $750.00 FOR FIRST VIOLATION AND $1,000.00 FOR SECOND AND SUBSEQUENT VIOLATIONS UNDER BOTH THE ZONING CODE AND THE HOUSING CODE. WHEREAS, in Ordinance No. 09-4332, City Council increased the civil penalties for violating the maximum occupancy limits of dwelling units under the Zoning Code to $750.00 for first violation and $1,000 for second and subsequent violations; and WHEREAS, the Housing Code also limits the maximum occupancy of dwelling units; WHEREAS, the current civil penalties for violating the maximum occupancy limits under the Housing Code is $250.00 for first violation, $500.00 for second violation, and $750.00 for third and subsequent violations; and WHEREAS, the civil penalties for over-occupancy should be the same regardless if a person is cited under the Zoning Code or the Housing Code; and WHEREAS, it is in the best interest of the City to raise the civil penalty for over-occupancy under the Housing Code to $750.00 for first violation and 1,000.00 for second and subsequent violations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 1, entitled "Administration," Chapter 4, entitled "General Penalty," Section 2, entitled "Civil Penalties for Municipal Infractions," Subsection D2 is hereby amended by deleting it in its entirety and adding the following new Subsection D2 in lieu thereof: The civil penalty for violation of sections 14-2A-5, 14-26-5, and 17-5-19X1 shall be punishable as provided in the following schedule for each day a violation exists or continues: First offense $ 750.00 Second and subsequent offense $1,000.00 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 ~~=~''~' 3 ~ ~ ~ ~ ( 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 Vote for passage: AYES:Mims, Wilburn, Wright, Bailey, Champion, Dickens, Hayek. NAYS: None. ABSENT: None. Second Consideration 4/27/2010 Vote for passage: AYES: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright. NAYS: None. ABSENT: None. Date published