HomeMy WebLinkAbout2010-04-27 Ordinance04-27-7 U
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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
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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
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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
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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
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^~~,~~~ CITY OF IOWA CITY 11
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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
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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.
Attachments
cc: Dale Helling
Eleanor Dilkes
John Yapp
Linda Severson
Wendy Ford
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PROPOSED DONATION METER DESIGN
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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
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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