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Home My WebLink About2010-06-01 Ordinance4e Prepared by: Sarah Walz, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 ORDINANCE NO. AN ORDINANCE REZONING APPROXIMATELY 1.66 ACRES OF LAND FROM COUNTY AGRICULTURAL (C-AG) ZONE TO INSTITUTIONAL PUBLIC (P2) ZONE FOR PROPERTY LOCATED AT 4265 OAK CREST HILL ROAD SE (REZ10-00002) WHEREAS, the Johnson County Agricultural Extension District, hereafter referred to as Applicant, is owner of approximately 1.66 acres of land located at 4265 Oak Crest Hill Road SE has requested 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 public use; and WHEREAS, the Institution Public (P-2) zone provides reference to public uses of land owned or otherwise controlled by the State or Federal government and is not subject to City development regulations; 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 A PORTION OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SECTION 28, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5T" PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FpLLOWS: COMMENCING AT THE CENTER OF SECTION 28, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5T" PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N00°00'00"E ALONG THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 28, A DISTANCE OF 1193.65 FEET TO A POINT ON THE WESTERLY EXTENSION OF THE NORTHERLY LINE OF A TRACT OF LAND SHOWN ON A PLAT OF PART OF THE NORTHEAST ONE-QUARTER OF SECTION 28, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5T" P.M., JOHNSON COUNTY, IOWA AS RECORDED IN PLAT BOOK 4 AT PAGE 233 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE N86°43'02"E, ALONG SAID WESTERLY EXTENSION OF THE NORTHERLY LINE AND ALONG SAID NORTHERLY LINE, 1205.20 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N86°43'02"E, ALONG SAID NORTHERLY LINE, 407.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF OAK CREST HILL ROAD SE; THENCE S01°34'43"W, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, 183.00 FEET; THENCE S87°03'36"W, 391.50 FEET; THENCE N03°16'58"W, 180.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1.66 ACRES 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 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 Applicant's expense, upon the final passage, approval and publication of this ordinance, as provided by law. Ordinance No. 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 , 2010. MAYOR Approved by ~~rc l~-f~,... City Attorney's Office s / aCv ~Ic) ATTEST: CITY CLERK 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 h / t / pct t n Vote for passage: AYES: Dickens, Hayek, Mims, Wilburn, Wright, Bailey, Champion. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published ~~~~ ~ Prepared by: Sarah Walz, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 ORDINANCE NO. AN ORDINANCE REZONING APPROXIMATELY 1.66 ACRES OF LAND FROM COUNTY AGRICULTURAL (C-AG) ZONE TO INSTITUTIONAL PUBLIC (P2) ZONE FOR PROPERTY LOCATED AT 4625 OAK CREST HILL ROAD SE (REZ10-00002) WHEREAS, the Johnson County Agricultural Extension District, hereafter referred to as Applicant, i owner of approximately 1.66 acres of land located at 4625 Oak Crest Hill Road SE has requeste annexation of said land into the City of Iowa City; and WHEREA land annexed into Iowa City must have an appropriate City zoning designation according to the wa City Comprehensive Plan; and WHEREAS, th Comprehensive Plan indicates that the subject property is appropriate for public use; and WHEREAS, the In itution Public (P-2) zone provid reference to public uses of land owned or otherwise controlled b the State or Federal govern ent and is not subject to City development regulations; and WHEREAS, the Plannin and Zoning Commissi has reviewed the proposed re,~gning and determined that it complies wit the Comprehensive Ian; .~_ °- NOW, THEREFORE, BE IT RDAINED BY T E CITY COUNCIL OF TI{L~ITI~F IG CITY, IOWA: ~~ ~ SECTION I APPROVAL. ~ ~`° t" Property described below is hereb reclassif' d from its current zoning des~~tion of C~y Agriculture (AG) to Interim Develop nt- O ice Research Park (ID-ORP): rr~ -° ~ ~ --., n;~ LE DESCRIPTION ~;, Gpt~IIvENCIt~tC AT TIME CEN3'1/R Qt~ SE TI 213, T'OW1~iSIIII' 79 FORTH, RANGE G WEST ()~ T"H.E 5~ PRINCIPAL MERIDIAN, OI-I5 N COUNTY, IOWA; TI-TENC;E N00Q00'00"E ALCJNG TI-IIr WEST LINK OF THEN TI~FAS QNE-QUARTER OF SAID SECTION 28, A DISTANCE OF 1193.65 FEET TO POINT O THE WESTERLY EXTENSION OF THE NORTHERLY LINT QF A TRACT F LAND 5 WN C}h A PLAT OF PART OF THE NORTHEAST Q'~16-QUART"In,R OI~ CTIOH 28, TO SHIP 7~3 NORTH, RANGE 6 WEST OF THE S P.NI., JOI`II~SON COL~3~1TY IOWA AS RECORD DIN PLAT B(?OK 4 AT PAGE 233 IN THE E.ECORUS OF THI JOHNS N COUNTY RECD R; THI?I*TCF. N86°43'1)2"T±, ALONG SAID WESTERLY EXTLI*YSIOI+I THE I~pRTI-IERLY I,1 ANi~ ALONG SAID NOIt'I"HERLY I,1NE, 12QS.20 FEET TCT THE P INT OF IiF.GINNINC, 1'H1CE GONTINtII*1G N86°43'02"E, ALONG SAID NORTHERLY L , 575.97 FEET TO A POINT©N THE EASTERLY RIGHT-OF'- Wt1Y LINE OF' THE CRA?rln RAILWAY; TI-IENCE SQ1°36' I3"'RT, :ALONG SAID EASTERLY R1CiI-I"T-OI'-WAY LINE, 1 4.02 FEET, T'HENGE S87°03"36"'W, ,560.31 FEET, THENCE I+la3°6'5$"W, 180.00 FE TO THE POINT OF BEGINNING, CON"I'AININCi 2.37 ACRES AND IS SIJBJNC~`I' TO F.ASIrFsNTS AND REST1tICTIONS 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 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. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Ordinance No. Page 2 of 2 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. approval and publi Passed and app =CTIVE DATE. This Ordinance shall be in effect after its final passage, n, as provided by law. MAYOR Approved by City Attorney's Office day of 2010. ATTEST: CITY CLERK N G'1 ~} C~ °~; N G.'e ~ C° `~ r-,-, -v ~'~ ,. - c..a w ~~,_~,~4 Prepared by: Karen Howard, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ10- 00004) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 60.32 ACRES OF LAND FROM INTERIM DEVELOPMENT-RESEARCH PARK (ID-RP) TO OVERLAY PLANNED DEVELOPMENT-OFFICE RESEARCH PARK (OPD-ORP); AND APPROXIMATELY 56.48 ACRES OF LAND FROM INTERIM DEVELOPMENT-RESEARCH PARK (ID-RP) TO OVERLAY PLANNED DEVELOPMENT-RESEARCH DEVELOPMENT PARK (OPD-RDP); AND APPROXIMATELY 24.49 ACRES OF LAND FROM INTERIM DEVELOPMENT-RESEARCH PARK (ID-RP) TO OVERLAY PLANNED DEVELOPMENT-MIXED USE (OPD-MU) FOR PROPERTY LOCATED NORTHWEST OF THE INTERCHANGE OF STATE HIGHWAY 1 WITH INTERSTATE 80. (REZ10-00004) WHEREAS, the applicant, Moss Green Development Corporation, filed with the City Clerk of Iowa City, Iowa, an application for a planned development rezoning for an office research park and mixed-use commercial development for a total of approximately 141.29 acres of land located northwest of the interchange of State Highway 1 and Interstate 80; and WHEREAS, the City's Comprehensive Plan indicates that this area is particularly suited for office and research development park uses due to its proximity to Interstate 80 and other successful office research park firms; WHEREAS, the Planning and Zoning Commission has concluded that a smaller, mixed-use area of office, retail, related services and higher density residential uses developed in a manner that would complement and support the large office research park would be consistent with the Comprehensive Plan; and WHEREAS, the applicant has submitted a conceptual master plan for the planned development indicating private street rights-of-way; building locations, conceptual building designs, parking lot and parking structure locations, mid-block pedestrian connections; green infrastructure systems, preservation of woodlands and the Rapid Creek stream corridor, location of trails, stormwater ponds, landscaping features, and other amenities; and WHEREAS, the Planning and Zoning Commission has recommended that the conceptual master plan for the development that was submitted by the applicant should be recorded as a part of the planned development plan and final site plans should be reviewed by the Commission for compliance with said master plan; and WHEREAS, certain variations from the underlying zoning and street requirements are necessary to allow clustering of buildings away from the sensitive areas, to facilitate green building techniques, and to create a more cohesive, urban streetscape; and WHEREAS, to ensure-that storefronts along Moss Place are reserved primarily for commercial uses, the Planning and Zoning Commission recommends certain restrictions on the types and location of residential uses within the Mixed Use area; WHEREAS, the Department of Planning and Community Development and the Public Works Department have examined the Sensitive Areas Development Plan, Preliminary Planned Development Plan, and conceptual master plan and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the Preliminary Planned Development Plan, Sensitive Areas Development Plan, and conceptual master plan and after due deliberation and consideration of the application materials and the staff recommendations, has recommended approval; 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 Ordinance No. Page 2 WHEREAS, Owner has agreed that the property shall be developed in accordance with .the terms and conditions of the Conditional Zoning Agreement 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: 1. The approximately 60.32 acre property legally described in Exhibit A, Parcel 1, attached and incorporated herein, is hereby reclassified from Interim Development Research Park (ID-RP) to Overlay Planned Development - Office Research Park (OPD-ORP), with the following modifications to the lot dimensional requirements set forth in Iowa City Code of Ordinances 14- 2 D-4: A. The minimum front setback shall be 20 feet, the maximum front setback shall be 60 feet, the minimum side setback shall be 20 feet; on applicable lots, the rear setback shall be the construction limit line as shown on the sensitive areas development plan; and the minimum setback from the Interstate-80 right-of-way shall be 50 feet; and 2. The approximately 56.48 acre property legally described in Exhibit A, Parcel 2, attached and incorporated herein, is hereby reclassified from Interim Development-Research Park (ID-RP) to Overlay Planned Development -Research Development Park (OPD-RDP) with the following modifications to the lot dimensional requirements set forth in Iowa City Code of Ordinances 14-2D-4 and the City's street standards: A. The minimum building height shall be 20 feet; the maximum building height shall be 75 feet; the minimum front setback shall be 10 feet; and the maximum front setback shall be 20 feet; and on applicable lots, the rear setback shall be the construction limit line as shown on the sensitive areas development plan; and B. On-street diagonal parking shall be allowed along the frontage of lots 2-4 and lots 10 and 11 as illustrated on the preliminary planned development plan and shall count toward satisfying the minimum parking requirement for development on said lots. 3. The approximately 24.49 acre property legally described in Exhibit A, Parcel 3, attached and incorporated herein, is hereby reclassified from Interim Development-Research Park (ID-RP) to Overlay Planned Development-Mixed Use (OPD-MU) with the following modifications to the lot dimensional requirements, floor area limitations and land uses allowed as set forth in Iowa City Code of Ordinances 14-2C and 14-4B and the City's street standards: A. The minimum building height shall be 20 feet; the maximum building height shall be 60 feet; the minimum front setback shall be 10 feet; the maximum front setback shall be 20 feet; the minimum side setback shall be zero feet, and the rear setback shall be the construction limit line as shown on the sensitive areas development plan; and B. For Personal Service-Oriented Retail Uses and Eating Establishments, there shall be no floor area size limitation. For Sales-Oriented Retail uses, the maximum floor area shall be 10,000 square feet; and C. The building articulation standard as set forth in subsection 14-2C-8M of the zoning code shall apply instead of the building scale standard in the Mixed Use Zone, 14-2C-9G; and D. Detached Single Family Dwellings, Two Family Dwellings, and two-unit Attached Single Family Dwellings are prohibited; and Ordinance No. Page 3 E. All land uses allowed within the Commercial Office (CO-1) Zone shall also be allowed within this zone; and F. On-street diagonal parking as illustrated on the preliminary planned development plan shall be allowed and shall count toward satisfying the minimum parking requirement for development on said lots. SECTION II. 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 and the City, following passage and approval of this Ordinance. SECTION III. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION 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, the associated conditional zoning agreement, planned development plan, sensitive areas development plan, and conceptual master plan for Moss Green Urban Village and to record the same at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions 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 unconsti- tutional. 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 , 2010. MAYOR ATTEST: CITY CLERK Approved by {C-t,~f ~ t .~~ ' ^ ~~7 cU'z2rzl~ ~~~ 'hZz~'~.~ City Attorney's Office S f S /~U 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 5 / 10 / 20 ~ 0 Vote for passage: AYES: Wilburn, Wright, Bailey, Champion, Dickens, Hayek, Mims. NAYS: None. ABSENT: None. Second Consideration 6 / 1 / 2010 Vote for passage: AYES: Dickens, Hayek, Mims, Wilburn, Wright, Bailey, Champion. NAYS: None. ABSENT: None. Date published Prepared by: Karen Howard, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZ10-00004) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Moss Green Development Corporation (hereinafter"Owner"). WHEREAS, Owner is the legal title holder of approximately 141.29 acres of property located northwest of the interchange of State Highway 1 with Interstate 80; and WHEREAS, the Owner has requested the rezoning of said property from Interim Development-Research Park (ID-RP) to planned development overlay (OPD) zone with approximately 60.32 acres rezoned to OPD-Office Research Park (OPD-ORP) and approximately 56.48 acres rezoned to OPD-Research Development. Park (OPD-RDP) and approximately 24.49 acres rezoned to OPD-Mixed Use (OPD-MU); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding clustering of buildings and parking areas away from streams, woodlands, and other sensitive features, promotion of energy efficiency and conservation and creation of a cohesive, urban streetscape according to the submitted master plan, that the requested zoning and the various requested modifications to the zoning are consistent with the Comprehensive Plan goals of environmental stewardship, expansion of job opportunities within the community, and the intent of a sensitive areas development, conservation development, and mixed use development, all three of which are accepted types of planned developments; and WHEREAS, to ensure that storefronts along Moss Place are reserved primarily for commercial uses that will complement and provide goods and services to support the office and research development uses that are listed as the intended uses according to the Comprehensive Plan, the Planning and Zoning Commission recommends certain restrictions on the types and location of residential uses within the Mixed Use area; 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 acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for stewardship of sensitive environment features of the land; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Moss Green Development Corporation is the legal title holder of the property legally described on Exhibit A, attached and incorporated herein; and 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Sensitive Areas Development Plan and that the conditions imposed upon the property are reasonable and designed to satisfy public needs caused by the requested zoning change. 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 agrees that development of the subject property will conform to all other requirements of the zoning chapter, except as modified by ordinance through the planned development rezoning process, as well as the following conditions: a. The Applicant must receive approval of the final planned development site plans on each lot from the Planning and Zoning Commission. Site plans will be reviewed for general compliance with the master plan as submitted by the applicant to the City on April 1, 2010, which shall be attached to and recorded with the preliminary planned development plan and this conditional zoning agreement; and b. Moss Place will be constructed and platted as a private street with a public and emergency access easement extending over the entire length and width of the roadway and sidewalk, which easement shall be granted by Owner to the City in writing; and c. Moss Place must be built to the City's minimum construction standards for public streets and shall be inspected and approved by the City prior to being opened to the public; and d. Detached Single Family Dwellings, Two Family Dwellings, and two-unit Attached Single Family Dwellings are prohibited in the OPD-MU zone; and e. On land within the planned development zoned OPD-MU, residential uses are not allowed within the first 30 feet of building depth as measured from the front building wall facing Moss Place. Residential entrances, lobbies, stairwells, elevators and, other building features that provide access and safety for the residents are not included in this restriction. In addition, up to 25% of the length of the ground level frontage of a building that faces Moss Place may include live-work units that include both commercial and residential functions. Live-work units that do not include any residential functions on the ground level floor do not count toward this limit. 4. The Owner 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 and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment shall conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner acknowledge(s) that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable 2 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 Owner's expense. Dated this day of CITY OF IOWA CITY Matt Hayek, Mayor Attest: 201C Marian K. Karr, City Clerk By: Ap -'oved b,~~ ,. ~~~~ , City Attorney's Office ~ /~,~~J CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) 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 CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) is' rnstru nt was acknowledg '~;i /0 ~„l7 as ~[~e~ielopment Corporation. 3 VOLDENNIiAAHS PELD~ I Gbflton Number 706502 MytCommission Expires ows ~0 _`~5 - ~p i this ~ day of~> 2010 by ,-, of ,Moss Green EXHIBIT A PARCEL 1 COMMENCING at the West'/ Corner of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 00°37'11" East, a distance of 851.11 feet; THENCE South 00°46'46" East, a distance of 1980.00 feet to the POINT OF BEGINNING; THENCE South 82°24'15" West, a distance of 1,731.77 feet; THENCE North 88°11'05" West, a distance of 925.94 feet; THENCE North 00°54'55" West, a distance of 826.21 feet; THENCE North 62°47'54" East, a distance of 422.83 feet, to the centerline of Moss Place, to a point on a curve; THENCE along the centerline of Moss Place, along a curve to the right having a radius of 600.00 feet, a delta of 22°09'35", an arc length of 232.06 feet, and a chord which bears North 16°07'19" West having a chord distance of 230.61 feet to a point of tangency; THENCE along the centerline of Moss Place, North 05°02'31" West, a distance of 450.41 feet; THENCE North 84°57'29" East, a distance of 279.49 feet; THENCE South 59°45'54" East, a distance of 302.28 feet; THENCE South 65°24'52" East, a distance of 341.75 feet; THENCE South 12°12'33" East, a distance of 200.43 feet; THENCE South 66°23'38" East, a distance of 486.33 feet; THENCE South 72°38'46" East, a distance of 211.24 feet; THENCE South 52°41'52" East, a distance of 115.01 feet, to the centerline of Moss Place, to a point on a curve; THENCE along the centerline of Moss Place, along a curve to the right having a radius of 600.00 feet, a delta of 14°46'19", an arc length of 154.69 feet, and a chord which bears South 44°41'18" West having a chord distance of 154.26 feet; THENCE South 37°55'33" East, a distance of 958.63 feet, to the POINT OF BEGINNING, containing 60.32 acres, more or less. PARCEL 2 COMMENCING at the West'/ Corner of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 00°37'11" East, a distance of 851.11 feet; THENCE South 00°46'46" East, a distance of 526.94 feet to the POINT OF BEGINNING; THENCE South 00°46'46" East, a distance of 1453.60 feet; THENCE North 37°55'33" West, a distance of 958.63 feet, to the centerline of Moss Place, to a point on a curve; THENCE along the centerline of Moss Place, along a curve to the left having a radius of 600.00 feet, a delta of 14°46'19", an arc length of 154.69 feet, and a chord which bears North 44°41'1S" East having a chord distance of 154.26 feet to a point on a line; THENCE North 52°41'52" West, a distance of 115.01 feet; THENCE North 72°38'46" West, a distance of 211.24 feet; THENCE North 66°23'38" West, a distance of 486.33 feet; THENCE North 12°12'33" West, a distance of 200.43 feet; THENCE North 65°24'52" West, a distance of 341.75 feet; THENCE North 59°45'54" West, a distance of 302.28 feet; THENCE South 84°57'29" West a distance of 279.49 feet, to the centerline of Moss Place; THENCE along the centerline of Moss Place, South 05°02'31" East, a distance of 450.41 feet to a point of curve; THENCE along the centerline of Moss Place, along a curve to the left having a radius of 600.00 feet, a delta of 22°09'35", an arc length of 232.06 feet, and a chord which bears South 16°07'19" East having a chord distance of 230.61 feet to a point on a line; THENCE South 62°47'54" West, a distance of 422.83 feet; THENCE North 00°54'55" West, a distance of 838.39 feet; THENCE North 00°54'55" West, a distance of 359.05 feet; THENCE North 89°41'57" West, a distance of 124.46 feet; THENCE North 00°47'26" West, a distance of 842.36 feet, to the centerline of Oakdale Boulevard; THENCE along the centerline of Oakdale Boulevard, South 57°50'23" East, a distance of 579.85 feet; THENCE along the centerline of Oakdale Boulevard, along a curve to the left having a radius of 1,000.00 feet, a delta of 31 °28'37", an arc length of 549.38 feet, and a chord which bears South 73°35'07" East having a chord distance of 542.50 feet to a point of tangency; THENCE along the centerline of Oakdale Boulevard, South 89°19'26" East, a distance of 494.87 feet to a point of curve; THENCE along the centerline of Oakdale Boulevard, along a curve to the left having a radius of 1,000.00 feet, a delta of 08°38'45", an arc length of 150.90 feet, and a chord which bears North 86°21'12" East having a chord distance of 150.75 feet to a point on a line; THENCE South 00°40'34" West, a distance of 119.01 feet; THENCE South 63°43'48" West, a distance of 216.02 feet; THENCE South 46°57'56" West, a distance of 219.04 feet; THENCE South 00°40'56" West, a distance of 122.03 feet; THENCE South 72°50'57" East, a distance of 218.30 feet; THENCE South 51°53'02" West, a distance of 144.00 feet; THENCE South 54°00'28" East, a distance of 149.77 feet; THENCE South 76°54'00" East, a distance of 396.41 feet; THENCE South 62°33'35" East, a distance of 179.97 feet; THENCE North 70°47'47" East, a distance of 97.77 feet, to the centerline of Moss Place, to a point on a curve; THENCE along the centerline of Moss Place, along a curve to the right having a radius of 600.00 feet, a delta of 10°35'07", an arc length of 110.85 feet, and a chord which bears South 13°54'40" East having a chord distance of 110.69 feet to a point on a line; THENCE North 81°22'53" East, a distance of 342.85 feet, to the POINT OF BEGINNING, containing 56.48 acres, more or less. PARCEL 3 THENCE South 00°37'11" East, a distance of 468.89 feet to a point on the centerline of Oakdale Boulevard which is the POINT OF BEGINNING; THENCE South 00°37'11" East, a distance of 851.11 feet; THENCE South 00°46'46" East, a distance of 526.94 feet; THENCE South 81°22'53" West, a distance of 342.85 feet, to the centerline of Moss Place, a point on a curve; THENCE along a curve to the left having a radius of 600.00 feet, a delta of 10°35'07", an arc length of 110.85 feet, and a chord which bears North 13°54'40" West having a chord distance of 110.69 feet to a point on a line; THENCE South 70°47'47" West, a distance of 97.77 feet; THENCE North 62°33'35" West, a distance of 179.97 feet; THENCE North 76°54'00" West, a distance of 396.41 feet; THENCE North 54°00'28" West, a distance of 149.77 feet; THENCE North 51°53'02" East, a distance of 144.00 feet; THENCE North 72°50'57" West, a distance of 21.8.30 feet; THENCE North 00°40'56" East, a distance of 122.03 feet; THENCE North 46°57'56" East, a distance of 219.04 feet; THENCE North 63°43'48" East, a distance of 216.02 feet; THENCE North 00°40'34" East, a distance of 119.01 feet, to the centerline of Oakdale Boulevard; THENCE along the centerline of Oakdale Boulevard, along a curve to the left having a radius of 1,000.00 feet, a delta of 34°24'41 ", an arc length of 600.59 feet, and a chord which bears North 64°49'29" East having a chord distance of 591.61 feet to a point of tangency; THENCE along the centerline of Oakdale Boulevard, North 47°37'08" East, a distance of 23.25 feet to a point of curve; THENCE along the centerline of Oakdale Boulevard, along a curve to the right having a radius of 1,000.00 feet, a delta of 20°04'49", an arc length of 350.47 feet, and a chord which bears North 57°39'33" East having a chord distance of 348.68 feet to the POINT OF BEGINNING, containing 24.49 acres, more or less. ~~s gr~~rti Urk~~art Vill~g~ _~r~~~r~~, hn,~~ ~~ _:. ors-Y~ Vi+l. ~Y:LOrla ~r ~:~ a,~~.~,~. ti"b 4'1CY~5 ri ~ =~ s = - at ~eL.e-.r 41 atl~i i ~ r ,u o r -.~..._._.~~.. ~L~SYYtt3e:.., IT~~2TTE - $0 r,®` -_m_=;.tee-,~,~~.- ~ M~ ~ ~ prt L ._. ._...._...., ._...... ~.-.. .. -~ --------~~°~-_•R~- ~-• ~....o.~ ~.G..~., ra a.~.~..,~ r-im o~-rl-miu v.v.~a. inms }. , . .. .~~~ . ~. I T~ITT E - ~~~;~ - - - - - - .. r. .. -ti. - .. ~~.: °~r~.- - °"~` x _ i* ~..~' .:r f ~. Moss green Urban Village -Preliminary Plat- ins.........-...- INTERSTATE - ~~ - - _~_ z=-sz ~--sue. - ~~T ~25~ ~.a,._...,R.,ri,..~ ~1X':_iS nw~n.~ ~:.70.4N :fd'Aff 4f Marian Karr From: Jared Vincent [fared@eco-4.net] Sent: Tuesday, May 25, 2010 8:47 AM To: Marian Karr Subject: Request for Consolidation of Readings -Moss green Urban Village Dear Ms. Marian Karr, On behalf of Moss Green Development Corp; we request that the second and third readings of the "Rezoning" for the Moss green Urban Village properties be consolidated at the next Iowa City Council Meeting. Sincerely, Jared Vincent ECO-4 Partners, LLC 515.975.9747 jaredC~eco-4.net '~,,~: i'd~ Y Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 10- 4391 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. 10-4391 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 1st day of June , 2010. MAYOR ATTEST: s~~ ~~ ~ ~~ CITY CLE Appro~ed bye City Attorney's Office Ordinance No. 10-4391 Page 3 It was moved by Bailey and seconded by Cham,.ni nn that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey x Champion ~- Dickens x Hayek x Mims x Wilburn x Wright First Consideration 4 / 27 / 2010 Vote for passage: AYES: Mims, Wilburn, Bailey, NAYS: Wright. ABSENT: None. Second Consideration 5/10/2010 Vote for passage: AYES: Mims, Wilburn, Bailey, ABSTAIN: Dickens. Date published 6/9/2010 Champion, Dickens, Hayek. Hayek. NAYS: Wright. ABSENT: Champion City Plaza Washlnpton Street a a Soliciting Area ® ®® ~ 0 50 ~~ a.. ~ o ~ ,~,.... The names of businesses are for purposes ~~ of illustrating where soliciting is allowed T.,rto., in City Plaza and where it is prohibited. The names are subject to change. r `° ~ R o~"~„p,,,,, ~ Soliciting is prohibited in City Plaza except w.a. r.ro. sm ' ""`° in the areas marked by ®or within: """ 1. 20 feet of an ATM i1P°"''°"''' 2. 10 feet of a mobile vendor *~"°'o"o"'°' 3. 15 feet of another solicitor Planter ® oca r..wi ~~~" cww..• P/aza Confer One a zw. .r.u !# . g a d ~ ~ '~ Len..zo Publle L/brary O .: C ~ G a ® 3 ~ , ,. s.ce ~~ ~ 3 I/.M Wtro f G.I.ivn.. G.M Sheraton Inn Plaza Towers Apri12010 ~// f~rrusr Cv~ ray f~C/~ ivy Citizens United for Free Speech -Downtown Attitudes Survey Preliminary Findings ~1' Executive Summary 154 people were electronically surveyed between May 25 and June 1, 2010 to determine their attitudes about Downtown Iowa City including the Pedestrian (Ped) Mall/City Plaza and their relative sense of safety. Of the sample, 114 were Iowa City residents, 40 were from outlying areas or visitors from elsewhere. Of the sample 45% were men and 55% were women; 49% have children; 3% were 14 to 20, 27% were between 21 and 35, 60% were between 36 and 59, and 9% were between 60 and 84. Primary Key Findings: - 90% of those surveyed said that Downtown is a place they like to go and 76% said they feel is safe to visit. - 78% said the Ped Mall is a place they like to go and 74% said is safe to visit. -The top reasons those surveyed gave for visiting downtown: - a place I go for entertainment, an attractive place to be, and a place I go to visit friends or business acquaintances. - 46% of those surveyed said they do not like to shop Downtown, but 72% do choose to go shopping. -The top reasons those surveyed gave for visiting the Ped Mall: - A place I go for entertainment, a place I go to meet friends or business acquaintances, and a place I enjoy to show out-of-town guests. - 39% of those surveyed said they do not like to shop on the Ped Mall, but 68% do choose to go shopping. - 70% of those surveyed find Downtown Iowa City to be "not dangerous" while 30% find it to be somewhat dangerous. - 25% said they feel unsafe on the Ped Mall and 8% by the Old Capitol bus stop. - Of those who said they feel unsafe, 91% of those surveyed said they feel unsafe after dark and 5% said all day. - Of those who feel unsafe, 64% of those surveyed said they would feel safer with a visible police presence. - Of those who feel unsafe, 39% of those surveyed said they would feel safer with better street lighting. - Of those who feel unsafe, 36% of those surveyed said they would feel safer with better enforcement of the law. - Of those who feel unsafe, 28% of those surveyed said they would feel safer with video surveillance. - Of those who feel unsafe, 19% of those surveyed said they would feel safer with emergency call boxes. - Of those who feel unsafe, 3% of those surveyed said they would feel safer with additional laws. - 3% of people surveyed said that panhandlers were daneerous. - 62% of those surveyed found panhandlers to bean annoyance, but usually harmless. - 35% of those surveyed said they are not dangerous. Conclusions (In-process): Iowa City Council and those interested in Iowa City's Downtown should step up efforts to address safety concerns such as law enforcement and lighting issues after dark, in addition to making an effort to improve the environment in which commerce occurs. Also, while panhandlers are seen as an annoyance, it would appear other community safety concerns are playing a significant part in the attitudes of residents and visitors toward downtown, particularly as it applies to the area after dark. Page 1 of 1 b Marian Karr From: Heather Hood [butterflygirl218@gmail.com] Sent: Tuesday, June 01, 2010 3:23 PM To: Council Subject: ped-mall This correspondence will become a public record. My name is Heather Hood-Davis. My father is Dennis Hood. He was a veteran, among a lot of other things. A father, a husband, a provider, a very hard worker, and a wonderful human being. He served two tours during the Viet Nam War. He was proud of his country, and was proud to do his part to protect it, as well as all the rights and liberties we have entrusted to us. My dad was an avid musician and a record collector. He loved more than almost anything, to come to Iowa City, and check out all of the record shops downtown, have something to eat, and then sit and talk with the panhandlers in the pedmall. He knew some of them were veterans like himself, trying to make ends meet, or, just trying to keep their minds off of other things. My dad was diagnosed back in 1995 with PTSD, or, Post Traumatic Stress Disorder, as well as Clinical Depression, all directly related to his time served during Viet Nam. After his diagnosis, he spent a lot of time at the VA Hospital in Iowa City. He volunteered on a regular basis, spending time with fellow veterans, talking to them. They had group therapy, discussing all of their issues from the wars. My dad told me after a meeting that he loved just sitting in the pedmall, listening to the musicians play and seeing his old friends on benches, seeming more at ease there somehow. A lot of the people that we are calling panhandlers in the pedmall, are veterans. They went through hell defending our country, suffered immeasurably for this country, and have little to nothing to show for it. People do give them handouts, but I know of noone who has given money to a veteran who felt they had no choice but to do so. I believe that not only the veterans that sit in the pedmall have MORE than earned the right to do that, they have also given that right to anyone else who chooses to exercise it. I understand that some of the people in the pedmall may abuse this privelege, but even they seem few and far between. This ban/rule/law seems to me, to be an exercise in futility. Why have a pedestrian mall, if we all arent allowed to enjoy it? There are better things we could be using the money being spent on getting this law passed on. More parking solutions in the downtown area? Street repairs? Those are only a couple off the top of my head.. Please think this through further. There are many people who disagree with this idea, and so does that not merit it being further looked into? If it is spending the taxpayers money, which is every mans' money, doesnt every man have a right to be heard? Lets do some further research before we offer solutions that do not satisfy the majority. Thank you, and in honor of my Father's memory, Heather Hood- Davis 6/1/2010 City of Iowa City City Council Members 410 E. Washington Street Iowa City, IA 52240 Dear City Council Members: I attended the city council meeting May 10, 2010, in order to get a better understanding of the issue surrounding the ordinance restricting panhandlers on the Pedestrian Mall or City Plaza. As I considered what I observed and learned, some questions came up for me. I hope you will help me sort these out. From the discussion, its appears that there is a question regarding some conflict of interest. Apparently a council member has a business interest in the area in question. He expressed some issues with one person in particular. And yet there appears to be no use made of the ordinances already on the books. The usual way to resolve confusion and conflicts is to start at the lowest level possible and then progress through the known channels. Only after this process is used and still proves insufficient is it time to consider changing the avenues of redress. And then there is the subject of unintended consequences as so well articulated by the students interested in the Dance Marathon. The Council appeared to dismiss their concerns. Young people who work to raise money for charity need to be encouraged in every way. They have the qualities we want to encourage in our city. I am 71 years old and am an active volunteer in the community working with a variety of ages and social backgrounds. I frequent the ped mall (city plaza) often and have never felt afraid or uncomfortable. In fact I am sorry that you see older citizens as those needing protection; we have a lot to offer in wisdom and experience.. I have interacted with several of the folks asking for help in the ped mall and have contributed from time to time. I value the idea of the commons and hope. I can inspire some of you in this direction. Thoughtfully, ~ ~ N ~.5~' ~~ ~'" ~ ",` rys Dean 310 Scott Ct. #2 : _ C3..~-y N ~ `~ Iowa City, IA 52245 ~~ ~, ~~= -~ ~:- ~ .> (319) 541-8806 ~~-, May 25, 2010 Page 1 bf 2 Marian Karr From: Sarah Furnish [gofurnish@yahoo.com] Sent: Tuesday, May 25, 2010 8:31 PM To: Council Subject: Regarding more pan handeling laws! This correspondence will become a public record. Counsel and Mayor, Iowa city will always have bums (or should I say homeless & jobless) because it has the V.A. hospital. For all of you who claim to support those who have served in the military, I would encourage you to make a donation in person and say thank you! I have went to the ped mall area for over 20 years and have never ever been bothered or even approached by a pan handler. Enacting more pan handling laws is a waste of your time and our tax dollars. I have lived and worked in much wealthier cities and there are still bums and yes they have the meters for donations and I have never seen anyone put money in them. It is a common practice for local businesses to actually give the bums food, so obviously they are not to bothered by them either. The idea that street performers are pan handlers is false! In San Fransisco & many other cities all around the world they have all kinds of street performers and people go there to watch live artists. These artists are called Buskers not pan handlers. Busking is the practice of performing; in ~iblic places for tip and gratuities. People engaging in 5/26/2010 :!~;._ Mother and son busking in Lhasa, The Prague Castle Orchestra, a busking trio Page2~f~2 this practice are called buskers. Buskers may also be known as street performers, street musicians, minstrels, or troubadours. Busking performances can be just about anything that people find entertaining. Buskers may do acrobatics, animal tricks, balloon twisting, card tricks, clowning, comedy, contortions & escapes, dance, fire eating, fire breathing, fortune-telling, 'u >1 .,;lint„ ma Tic, mime and a mime variation where the artist performs as a livin~~ statue, musical performance, pupUeteerin~;, snake charming, stoi te•~ Ming or recite oetr or rp ose as a bard, street art (sketching; and aintin >, etc.), street theatre, sword. swallowing, and even putting on a flea circus. People spend all day out there on the streets and heart and soul into these performances and demonstrations and deserve to be paid or allowed to accept gratuities. There are Busker Festivals all around the world. Where buskers come to perform and compete. Maybe Iowa City should have a Busker Festival of it's own and embrace the art form. This solution would bring people to downtown Iowa City instead of running them out. Artists leave Iowa all the time to seek out cities that respect or at least permit their creativity. It's called freedom of expression! It's called freedom of speech! It's called art! I vote for keeping Iowa City groovy! I also want to mention the ban on smoking in the ped mall area. I am not an advocate for smoking but this will really hurt the downtown bars on the ped mall. Bar owners are already complaining about the 21 law. Do you really think you doing businesses any good? I would like to see smoking banned near the children's play area and around the library. Otherwise I would like you to leave the ped mall a public place where people want to hang out and go shopping. I would like the ped mall to remain a place where I still run into familiar faces, weather they are old friends or long time street performers and bums. Iowa City already has a vibrant downtown but I feel like it is primarily geared toward for students and not the people and families who live and work here all year long. There are a lot of people who live here and do not live near the downtown area but work there or enjoy shopping and other amenities. The biggest problem I have had as a visitor and as a resident is parking. I work at a restaurant downtown and I either have to park 6 blocks away or pay for the parking meters near by. The problem is that I have received a multitude of unwarranted tickets. In the dead of winter the meters were frozen and not working and they were still ticketing cars, not only does this hurt employees but it hurts customers, this results in hurting local business. I recently received a ticket when I had a meter full of change and not set to run out before 5:00 and still got a ticket. Who supervises these people? I never go downtown and shop in the winter time because I don't want to look for parking and get tickets. I won't do it! There are a lot of people who would rather frequent the local downtown shops & restaurants rather than go to the mall but don't want the hassle. Iowa City is a cool little city. The bums, buskers and the restaurants, art & entertainment scene are all aspects of this city that people who live and visit here love. Unfortunately the parking is similar to that of a very large city as well. I am asking you to use common sense and problem solving skills rather than enacting more useless laws that will actually keep people away from downtown businesses. Maybe if your really this bored and need to spend mountains of money on outside consultants, you should collaborate with the county to work on reducing the number of sex offenders in the area since Johnson Co. has the largest number of sex offenders in the state! Thank you, Sarah Furnish 936 Spring Ridge Dr. Iowa City, Iowa 52246 5/26/2010 ..~. Marian Karr From: ash2674@mchsi.com Sent: Tuesday, June 01, 2010 10:54 AM To: Council Subject: School Project Dear City Council, My name is Ashley Orr, and I am currently a junior at City High School. I am writing to you to encourage you all to vote for the ordinance that will limit panhandling. I feel that by passing this ordinance, local businesses in Iowa City will be more successful, and people will feel more comfortable. The problem at hand is that business owners are losing customers because people are choosing to avoid shopping in the pedestrian mall due to persistent soliciting for monetary donations. These solicitors locate themselves very close to storefronts. People walking by not only feel uncomfortable - they feel scared. Many times, when pedestrians don't give money, they are verbally assaulted by the panhandlers. Therefore, the shoppers bypass the solicitor... and the business directly behind them, thus the business suffers. Results from a survey that I conducted in my school show that females are far more likely to feel uncomfortable and scared because of solicitors than males are. Females are also far more likely to go downtown to shop than to take part in any other activity. This means that a majority of females will most likely choose to go to other downtown shopping locations than the pedestrian mall area. This is not good for stores such as Textiles, which is generally targeted towards young women. After an interview with Ritu Jain, manager of Textiles, I have found some valuable insight to this issue from the business point of view. Jain said that Textiles has had many direct problems with the panhandlers. One example that she gave was that a man was sitting outside her storefront, barking like a dog and asking for money. She said that there are people outside everyday, and that Textiles is located in the very heart of the problem. She had this to say about the issue: "Having been in the same location for almost 20 years, I have seen major changes in the downtown. I grew up in Iowa City and would come downtown as a kid to go to comic book stores, the rec. center or the library. Now people don't want to even come downtown, much less bring their kids due to the language, confrontations, etc. I have had several business owners tell me they walk around the panhandlers rather than walk by them in front of my business. If business owners, people who are here everyday do this, then where are people new to this town walking?" This shows just how serious this problem really is, and how much it affects business owners in the pedestrian plaza. After interviewing Crissy Caganelli, director of the Iowa City Shelter House some insight is provided as to why the panhandlers solicit for money. According to her, many people who are soliciting downtown are doing so because they are feeding their addiction(s). The majorities of the people that you see panhandling either choose, or refuse to not participate in local programs or access local resources (such as the Shelter House). However, something to consider is that it's possible some of these people have no interest in social services, or that they have found panhandling is in fact a "job" they can do. In fact, many of the people who panhandle have a mental illness and may not aware of other resources available to them. I believe that by keeping panhandlers away from business fronts, the businesses will be far more successful because people will feel more comfortable in the area. 80 percent of those that I surveyed said that they felt uncomfortable towards panhandlers. By moving solicitors 20 feet away from ATMs and 10 feet away from mobile vendors, people will be able to access their money and make purchases without feeling unpleasant. I am aware that the Council has proposed an alternative way of distributing donations to those less fortunate by setting up brightly colored parking meters that are intended to be donation locations. By directing peoples' donations not to individuals, but to programs that can help those in need, the broader issues of our community can be addressed. I think that installing parking meters is a great solution because people can still make a donation and not be concerned about where the money is going. They will know that it is actually going to people in need. I believe that another solution to this problem is educating the public more about the panhandlers, specifically why they do what they do. There are people who do want to help, but they are concerned about where their money is going. Not every panhandler wants beer 1 and cigarettes. Some really do need money for food. I believe that if the public knew just how hard some of these people's lives can be, they would feel more compelled to donate whether it is by buying a meal, or by dropping a few coins into a meter. I think that if people knew more about the panhandlers, other than the fact that they need money, they would feel more comfortable donating. Also, I think that putting informational pamphlets about Iowa City resources in places that the panhandlers go is a good idea. Then the people soliciting for money could read it and find out about places that can help them. I think that a combination of the parking meters and a balance of education on both sides would be the ultimate solution to this problem. In a survey that I conducted, 87 ~ of those questioned had no idea that panhandling was a problem. If the Council were to do a mass mailing to the people of Iowa City to inform them about the panhandlers, it could be successful in bringing the public's attention to this issue and possibly compel more people to donate to the meters. Maybe even having some televised news coverage on the decision would be beneficial to finding a solution. Thank you for your time, Ashley Orr Marian Karr From: Karen Kubby [kubby@pobox.com] Sent: Thursday, May 27, 2010 1:37 PM To: Council Subject: panhandling ordinance City Council, As a downtown business owner and member of the Downtown Association, I urge you to change your vote to "no" on the panhandling ordinance. The aggressive panhandling ordinance has been in existence for about 6 months, with no citations issued. If this is because of a grace period, it can end and be fully enforced at this time. If the lack of citations was about lack of calls for enforcement, lets make sure downtown residents, visitors, and business owners know of their rights to call to have this ordinance enforced. If the lack of citations is about lack of ordinance violation, it doesn't seem like we need to further restrict this behavior. The ped mall was built to be a place to congregate, to linger, and to facilitate assembly. Please don't restrict this. The ordinance can be amended to increase the distance from business entrances without the other restrictions. Maybe this is a better balance. I want to prevent two unintended consequences: 1. Reduction of the number of musicians and other entertainers performing in the ped mall. This is part of our culture I'd like local government to facilitate. 2. Restricting the ability of non-profit organizations from soliciting funds in this public space. The idea of the parking meters as an alternative to giving to panhandlers is a fine one. This program can be implemented no matter what the fate of this panhandling ordinance. In peace, Karen Kubby Beadology Iowa Jewelry, Beads, and Instruction since Iowa City, IA 52240 (319) 338-1566 phone (319) 688-2847 fax www.beadologyiowa.com Mon-Sat, loam-6pm/Until 8pm on Thurs. 1987 220 E. Washington St. /Sundays 12-5pm 1 Marian Karr From: iccccommittee@democracydefender.net Sent: Thursday, May 27, 2010 5:45 PM To: Council; iowacitycitizenscommunitycommittee@yahoogroups.com Subject: ICCCommittee Complaint Against Iowa City Commercial Nazism Against So-Called Pan- Handlers FROM: Iowa City Citizens Community Committee iccccommitteeCdemocracydefender.net Post Office Box 2164 Iowa City, Iowa 52244 Mr. Libris Fidelis - founder TO: Iowa City Council council@iowa-city.org iowacitycitizenscommunitycommittee@yahoogroups.com This Committee is appalled by the installation today of the purple money collection meters being installed all over central downtown Iowa City. This is so blatantly an act of human civil rights violation against a small portion of our city society, because the intent of the purple money collection meters is clearly identified by the wording on the meters: "Please don't give to Panhandlers." The term "panhandlers" is an extremely prejudicial and elitist form of class discrimination not born of reality, but relates to economic nazism. When the founder of this Committee went to Free Lunch on North Dubuque Street, traveling through the Sheraton Hotel through the Ped Mall, there was only one meter in sight, by the mail box on Washington Street at Dubuque Street. Four hours later, when founder walked to that meter through the Ped Mall to obtain the exact wording on the money collection meter, he was inspired to conduct a survey of all the money collection meters, because he noticed three more of the money collection meters on each of three corners of Washington Street at Dubuque Street, and was also noticed one at 125 East Washington Street in front of the Jefferson Hotel's front entrance on Washington! There have never been seen solicitors there! The founder of this Committee also found more money collection meters in walking elsewhere all around downtown, when it was then noticed more money collection meters as he walked elsewhere: Washington and Clinton on the corner of MidWestOne Bank, on the southeast corner of Iowa and Clinton by Iowa Book, on Clinton across the street from Old Capitol Mall between Lorenz and MidAmerica Securities where there have never been seen solicitors day or night, and in coming back, one that had not existed before was standing just recently installed in the flower box of the Ped Mall between Belia Joli and The wedge/Capanna, across from the Sheriton Hotel. What does this mean? This is a civil rights violation campaign by our City Council to rid our city of all opportunity for the impoverished citizen segment of our society to make their lives only a little more tolerable. Every citizen of Iowa City has a right to conduct personal business in public, including solicitation for personal charitable contributions. And even if any citizen-person who solicits for a personal charitable donation might not actually need the money, it is still the right and affair of any citizen to solicit if he or she wants to provided proper citizenship eittiquette is practiced to not intrude upon other citizens. Iowa Cit Councilman Terry Dickens outright lied when falsely testified that people came into his store to flee the "panhandlers", and it is his utter dishonesty that has fomented this hateful and vengeful vendetta in our City Council against the impoverished, lower- class Iowa City citizen solicitors! His totally dishonest assertions in City Council meetings on this subject are duly recorded! He shows no sign of humain compassion in practicing his dishonest vendetta against people he does not desire to be present in our Iowa City public. He should be impeached from City Council for dishonestly discriminating 1 against a lower segment of our city's public who are severely impoverished, doing so in his official city duties as Councilperson. The action by the Iowa City Council to discriminate against and to stigmatize a lower class of society is the very uncivil, elitist and class-stratification-exclusionary attitude of commerce-communism in our City Council, intended to wage a war against an alleged "unsightly" portion of underprivileged severely low-income citizens, to turn them into a non- privileged actual out-caste of our society by discrimination and defamation. The civil rights violation is mostly demonstrating by the wording of the money meters the EVIL nature of our City government's City Council in the form of such an ordinance: "Iowa City Donation Station". That entirely dishonest and deceptive wording above the secondary lower label highlights the intent of the false wording of the lower label which says: "Funds collected will be distributed to local human service agencies for food, medical care, transportation, and other services." Had this message been intended to AUGMENT existing services, the use of such meters would be quite humanitarian and caring. HOWEVER, the intent is to STIGMATIZE the impoverished underprivileged citizen solicitors by both making the solicitors and the public think that the solicitors are doing wrongful, illegal acts, which they are not, due to the provisions of our US Constitution and the 1948 basic universal human rights provision of the United Nations. And moreover, any and all amounts of money that these money collection meters may collect will of necessity be merely "residue" contributions by the public, hardly any amount worth applying to the plight of the solicitors who will not benefit from such money collection in the slightest, because their monetary needs are immediate, and the "issue" of the money collection meters will be entirely absorbed into the already insufficient funding of social and homeless services agencies, NOT issued to the needs of the individual solicitors. Why is the humanity of our City Council so evidently lacking? Why is the class elitism so blatant? I hope the many theistic organizations in our City will rise up in ire over this gross class injustice, because preventing the poor from soliciting the public in public for their meager and often uncommon benefit of charitable donation is not even promoted in the Bible or Torah or Ku'ran. No god-worshiping society's text excludes the poor from soliciting for their own personal benefit, and it is a civil right in our nation to be able to do so! This is not our City Council's representation of the people of Iowa City, this is a commerce-driven and controlled City Council that has resorted to stigmatizing and is literally persecuting the hopelessly impoverished portions of our society. Any City Council that represents our citizens needs to possess humanitarian compassion and decent humanitarian understanding for the true causes of poverty and for homelessness, such that it will also represent all of our citizens, not just the commercial few, regardless of economic status, without any minute sense of class exclusion. This Iowa City ordinance is a blatant civil rights violation. As a humanitarian organization of citizens of Iowa City, we, this Committee, demand that the money collection meters either be re-worded to not say that the solicitors should be avoided, or, that the money collection meters should be entirely removed from City sidewalks, because as used, the money collection meters are a blatant civil rights discrimination violation of the Constitutional civil rights of the impoverished class of our society! Sincerely, Mr. Libris Fidelis founder - ICCCCommittee 2 Marian Karr From: the3rdiowa@mchsi.com Sent: Tuesday, June 01, 2010 12:45 PM To; Dale Helling; Marian Karr Cc: Council Subject: Need for permit Attachments: application.tif application.tif (226 KB) Dale and Marian, Late this morning I discovered that 31 persons from a Facebook event I started, said they would be attending our press conference about the panhandling ordinance/free speech zone tonight and I wanted to make sure that a permit could be granted. I realize that the numbers are larger than I projected on Friday when I spoke to Marian and Kathy, but hope that in the spirit of maintaining civility, that it will be okay. Attached is the application for a press conference that will be held in front of city hall at 6:30 until about 7 pm. You have my assurance that no doors will be blocked or sidewalks intentionally obstructed. I expect the folks who come will mostly be there in support of the press conference. As there are folks who are part of the group that could be affected by the ordinance, I can not be absolutely sure there won't be music or other street performance. Please confirm that you received the application and that it is okay. Please call 335-3242 if you have any concerns. Garry 1 -.~..as__ ~~ CITY OF IOI~VA CITY APPLICATfON FOR PAFtADE1PUBLIC ASSEMBLY PERMIT (Note: A permit is not required unless the group using the streets, City Plaza, or the sidewalk has more than 25 people or unless the group using a park has more than 100 people.) if a parade or public assembly will be in on the sidewalks andlor streets and/or City Piaza, return the completed application to City Manager's Office, 410 E. Washington Street. Tel: 356-5010. If a parade or public assembly solely will be in a park, return the completed application #o Parks & Recreation Dept., 220 S. Gilbert Street, Tel: 356-5110. 1. APPLICANT'S NAME: G'LSiI~Lf K-4 ~~~ ~ EMAILADDRESS~r Csr L r~ R~ ~C.('J N'! ~}' SZ z~ 2. APPLICANTS A STREET CITY STATE ZIP 3. PHONE NUMBER:J IQ - ~ 3 l _~ ~ 7 4. EVENT NAME: ~~'eS5 e0 i/~~~~ G~ ~ ~~ ~,~~ ~C~ ~~ 5. TYPE OF EVENT: (circle one) Parade / ublic Assem 6. DATE OF EVENT: ~ Start Time: fO ~ 30 am/~n End Time:am/~ 7. EXPECTED NUMBER OF ATTENDEES: 8. EVENT LOCATION: ( )City Plaza - circle one of the following: Mini Park Fountain Multiple locations Area Area {include a map) (~ City Street or Sidewalk `l ~~ W`G s'"[r ``S 1 ~`A ~~` r ~ ~~~ ~ Cr~ Name of street(s) or sidewa {s) and include a map Park Name of park. Note: Park shelters, ball fields and other facilities must be reserved separately by contacting the Park & Recreation Dept. at 35ti-5110. Contact Person: c -~( Name and ontact information of person to be present at event and who will serve as the contact person(s) for the applicant at the proposed parade or public assembly. 9. Llst and describe all mechanical or electronic equipment to be used, including sound amplification, and state where it will be looted: 10. State the num ~pd_ bicycles ~~ll of any motor vehicles or other forms of transportation to be used including 11. State the number and type of any animals to be used 12. Will extra trash receptacles be needed? Yes,. No~lf yes, how many 13. Proposal to monitor the event, including the names of any person not employed by the City who will be responsible for setting up, cleaning up, or aintatnin~~ rder and whether the police department will be needed to assist in maintaining order ~~~. ,~!~P,~i . ~ C sows ~ Giad~~ ~~ 14. Proposal for cleanup /I~n~ ° ~~2 ~~ y'~'v ~ ~ 15. Is water connection requested? Yes No ~ If yes, explain 16. is electricity requested? Yes No ~ ,A,if//yes, explain 17. Describe any items to be sold or distributed /Yd ~ "E' If the applicant is not an individual, the person signing this application acknowledges that he or she has the authority to act on behalf of the group that is requesting the permit. ~~ ~~ ~ 1~~ Signature of Appli t Date INDEMNIFICATION AGREEMENT If Insurance !s required, the applicant agrees to: pay on behalf of the City ail sums which the City shall be obligated to pay by reason of any liability imposed upon the City for damages of any kind resulting from use of public property and the public right of way, whether sustained by any person or person, caused by accident or otherwise and shall defend at its own expense and on behalf of the City any claim against the City arising out of the use of public property and the public right of way. (non-University of Iowa events only) For University of Iowa Events, the applicant agrees to the following: "The University agrees to be responsible for all claims and damages that directly result from the negligent acts ar omissions of the University, its employees, or agents to the extent permitted by Iowa Code Chapter 669. Pursuant to Chapter 669, the University shall be responsible for payment of the City's liability insurance deductible not to exceed $500,000.00, far claims arising from fhe University's use and occupancy of the leased premises hereunder provided, however, the University shall not be responsible for any claim, including payment of the City's liability insurance deductible for any claim, to the extent it results from the City's negligence. Pursuant to Chapter 669, the University agrees to provide a defense for any and all claims or actions brought as a direct result of the University's negligent acts or omissions. The parties expressly agree tha# such defense, if any, shall be provided by the State of Iowa Office of the Attorney General unless otherwise agreed upon by the parties and the Office of the Attorney Genera!" If insurance is required, the applicant agrees to provide the certificate of insurance to the City by the last working day prior to the event. (For additional information on insurance, see "Parade and Public Assemblies Information Sheet.") Signature Applicant 6111 ~U Date Mgrlspederusepermttstparade info sfieet.doc 2 7!2112009 APPEAL RIGHTS Any party aggrieved by the City Manager's or designee's decision below to grant or deny a permit under this Chapter may appeal the determination to the City Council if, within five (5) working days after the decision, the party files a written notice of appeal with the City Clerk. In such event, a hearing shall be held by the City Council no later #han its next regularly scheduled meeting, assuming the appeal is filed in time to allow notice of said appeal in accordance with Chapter 21 of the Iowa Code. FOR CITY USE ONLY: NOTICE OF DECISION GRANTING OR DENYING THE APPLICATION The application is approved. The application is denied because City Manager or Designee Date Mg,lspedalusepeRnftslparedelnfo sheet.dx 3 7l21t2tx)9 06-01-10 9 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 PUBLIC WAYS AND PROPERTY," CHAPTER 9, ENTITLED "PARKS AND RECREATION REGULATIONS" TO REGULATE THE COMMERCIAL USE OF PARKS. WHEREAS, the City presently does not prohibit the commercial use of City parks; and WHEREAS, it is in the City's interest to prohibit the use of parks for a commercial purpose unless approved by the Parks and Recreation Director. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 10, entitled "Public Ways and Property," Chapter 9, entitled "Parks and Recreation Regulations," Section 2, entitled "Prohibited Actions in Parks," is hereby amended by adding the following new Subsection K: Commercial Use: No commercial use of City parks is allowed except as approved by the Director. 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 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 6/1/2010 VOteforpaSSage: AYES: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published ..b;ry 1 f'~i: M ~., L~ Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. 10-4392 ORDINANCE AMENDING TITLE 17 OF THE CITY CODE, ENTITLED "BUILDING AND HOUSING," CHAPTER 1, ENTITLED, "BUILDING CODE," SECTION 3, ENTITLED "AMENDMENTS TO CODE," TO CHANGE THE EFFECTIVE DATE OF SECTION 313.1 OF THE INTERNATIONAL RESIDENTIAL CODE. WHEREAS, on December 1, 2009, the City adopted the 2009 edition of the International Residential Code ("IRC"), which is codified at section 17-1; WHEREAS, with limited exception, section 313.1 of the IRC requires that townhouses and one and two family occupancies protect lightweight materials such as trusses or engineered lightweight material in the structural floor or ceiling areas in a particular manner; WHEREAS, said section was adopted on the assumption that the State would be requiring sprinklers in single family homes and the State is no longer going to do require sprinklers in single family homes; WHEREAS, issues have arisen with the implementation of said section; and WHEREAS., it is in the City's best interest to amend the effective date of said section to allow time for a committee comprised of staff, the Greater Iowa City Area Home Builders Association ,the truss manufacturing industry, area fire departments, and other interested parties to discuss this issue and make further recommendation to City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 17, entitled "Building and .Housing," Chapter 1, entitled "Building Code," Section 3, entitled "Amendments to Code," is amended by deleting section 313.1 of the IRC in its entirety and substituting in lieu thereof the following: R313.1 Fire Protection Requirements for Townhouses and One Family and Two Family Occupancies. Effective January 3, 2011, Townhouses and One Family and Two Family Occupancies incorporating designed lightweight materials such as trusses or engineered lightweight material (including but not limited to wooden I-Beams, cold-form steel or light gauge bar joist trusses) in the structural floor or ceiling areas, shall protect the floors/ceilings areas with not less than'/2 -inch gypsum board with joints taped and fastener heads treated on the underside of the floor/ceiling system. Exception: 1. If the underside of a floor system is a crawl space where no combustible materials are stored. 2. If the townhouse has an automatic residential fire sprinkler system designed and installed in accordance with Section P2904. 3. If the one family and two family occupancies has an automatic residential fire sprinkler systems shall be designed and installed in accordance with Section P2904 or NFPA 13D. 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 Tt,n , 2010. MAYOR ~J" Approved: ATTEST:_---~ ~.c~ CITY ERK City Attorney's Office Ordinance No. 10-4392 Page 2 It was moved by Wright and seconded by ~haro= ; ~n that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion ~_ Dickens x Hayek x Mims x Wilburn x Wright First Consideration 5/10/2010 Vote for passage: AYES: Dickens, Hayek, Mims, Wilburn, Wright, Bailey. NAYS: None. ABSENT: Champion. Second Consideration _ Vote for passage: Date published 6/9/2010 Moved by Wright, seconded by Champion, that the rule requiring ordinances to be considered and voted on for passage at two Council meeting~rior 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: Champion, Dickens, Hayek, Mims, Wilburn, Wright, Bailey.. NAYS: None. ABSENT: NOne. M~ Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 10-4393 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 1st day of June , 2010. ~'~ S9 MAYOR ATTEST: /6~ 7~ ' - CITY CL K Approved by ~~~ ~- ~ a c ~ rc~ City Attorney's Office ~ ~~ Ordinance No. 10-4393 Page 2 It was moved by Bailey and seconded by ni rkPnc that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey ~_ Champion x Dickens ~_ Hayek x Mims g Wilburn x Wright First Consideration 4 / 2 7 / 2010 VOteforpaSSage: AYES: Wilburn, Wright, Bailey, Champion, Dickens, Hayek, Mims. NAYS: None. ABSENT: None. Second Consideration 5 / l 0 / 2010 Vote for passage: AYES: Wilburn,Wright, Bailey, Dickens, Hayek, Mims. NAYS: None. ABSNET: Champion. Date published 6/9/ 010 alley Designated nonsmoking area Nonsmoking Places Apri12010 v v .,.., aND College Street 11 Marian Karr From: Sarah Furnish [gofurnish@yahoo.coml Sent: Tuesday, May 25, 2010 8:31 PM To: Council Subject: Regarding more pan handeiing laws! This correspondence will become a public record. Counsel and Mayor, Iowa city will always have bums (or should I say homeless & jobless) because it has the V.A. hospital. For all of you who claim to support those who have served in the military, I would encourage you to make a donation in person and say thank you! I have went to the ped mall area for over 20 years and have never ever been bothered or even approached by a pan handler. Enacting more pan handling laws is a waste of your time and our tax dollars. I have lived and worked in much wealthier cities and there are still bums and yes they have the meters for donations and I have never seen anyone put money in them. It is a common practice for local businesses to actually give the bums food, so obviously they are not to bothered by them either. The idea that street performers are pan handlers is false! In San Francisco & many other cities all around the world they have all kinds of street performers and people go there to watch live artists. These artists are called Buskers not pan handlers. Busking is the practice of performin„; in public places for tip and gratuities. People engaging in 5/26/2010 s Mother and son busking in Lhasa, The Prague Castle Orchestra, a busking trio Page 2 bf ~2 this practice are called buskers. Buskers may also be known as street performers, street musicians, minstrels, or troubadours. Busking performances can be just about anything that people find entertaining. Buskers may do acrobatics, animal tricks, balloon twisting, card tricks, clowning, comedy, contortions & esca es, dance, fire eatin~~, fire breathing, fortune-telling, 'u 7 71in~, ma ic, mime and a mime variation where the artist performs as a living statue, musical performance, puppeteerin~, snake charming, stoiytellin~ or recite op etry or rp ose as a bard, street art (sketching; and aintin ,etc.), street theatre, sword swallowing, and even putting on a flea circus. People spend all day out there on the streets and heart and soul into these performances and demonstrations and deserve to be paid or allowed to accept gratuities. There are Busker Festivals all around the world. Where buskers come to perform and compete. Maybe Iowa City should have a Busker Festival of it's own and embrace the art form. This solution would bring people to downtown Iowa City instead of running them out. Artists leave Iowa all the time to seek out cities that respect or at least permit their creativity. It's called freedom of expression! It's called freedom of speech! It's called art! I vote for keeping Iowa City groovy! I also want to mention the ban on smoking in the ped mall area. I am not an advocate for smoking but this will really hurt the downtown bars on the ped mall. Bar owners are already complaining about the 21 law. Do you really think you doing businesses any good? I would like to see smoking banned near the children's play area and around the library. Otherwise I would like you to leave the ped mall a public place where people want to hang out and go shopping. I would like the ped mall to remain a place where I still run into familiar faces, weather they are old friends or long time street performers and bums. Iowa City already has a vibrant downtown but I feel like it is primarily geared toward for students and not the people and families who live and work here all year long. There are a lot of people who live here and do not live near the downtown area but work there or enjoy shopping and other amenities. The biggest problem I have had as a visitor and as a resident is parking. I work at a restaurant downtown and I either have to park 6 blocks away or pay for the parking meters near by. The problem is that I have received a multitude of unwarranted tickets. In the dead of winter the meters were frozen and not working and they were still ticketing cars, not only does this hurt employees but it hurts customers, this results in hurting local business. I recently received a ticket when I had a meter full of change and not set to run out before 5:00 and still got a ticket. Who supervises these people? I never go downtown and shop in the winter time because I don't want to look for parking and get tickets. I won't do it! There are a lot of people who would rather frequent the local downtown shops & restaurants rather than go to the mall but don't want the hassle. Iowa City is a cool little city. The bums, buskers and the restaurants, art & entertainment scene are all aspects of this city that people who live and visit here love. Unfortunately the parking is similar to that of a very large city as well. I am asking you to use common sense and problem solving skills rather than enacting more useless laws that will actually keep people away from downtown businesses. Maybe if your really this bored and need to spend mountains of money on outside consultants, you should collaborate with the county to work on reducing the number of sex offenders in the area since Johnson Co. has the largest number of sex offenders in the state! Thank you, Sarah Furnish 936 Spring Ridge Dr. Iowa City, Iowa 52246 5/26/2010 Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 ORDINANCE NO. 10-4394 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. 10-137 passed and approved on the 27th day of April, 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; Ordinance No. 10-4394 Page 2 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 2,376.88 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 property 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. Ordinance No. 10-4394 Page 3 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 property 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 1st day of June , 2010 MAYOR ATTEST: „r~ 7S ~/ TY CLERK Appreved`bY \ --..- ~' i arty Attorney' ffice ~ ~_~~ _~~ Ordinance No. 10-4394 Page 4 It was moved by Champion and seconded by Bailey that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek g Mims x Wilburn _~ Wright First Consideration 4 / 27 / 2010 Vote for passage: AYES: Hayek, Mims, Wilburn, Wright, Bailey, Champion, Dickens. NAYS: None. ABSENT: None. Second Consideration _ 5 f 10 / 2010 Vote for passage: AYES: Hayek, Mims, Wilburn, Wright, Bailey, Dickens. NAYS: None. ABSENT: Champion. Date published 6/9/2010 f! `~ Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5 48 ORDINANCE NO. AN ORDINANCE PROVIDIN THAT GENERAL PROPERTY TAXES VIED AND COLLECTED EACH YEAR ON LL PROPERTY LOCATED WITH THE MOSS GREEN URBAN VILLAGE URBA RENEWAL AREA, IN THE CIT OF IOWA CITY, COUNTY OF JOHNSON, STATE O IOWA, BY AND FOR THE B EFIT OF THE STATE OF IOWA, CITY OF IOWA TY, COUNTY OF JOHNS ,IOWA CITY COMMUNITY SCHOOL DISTRICT OTHER TAXING DI RIOTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF RINCIPAL AND IN REST ON LOANS, REBATES, GRANTS, MONIES ADVANC TO AND INDE TEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INC D BY SA CITY IN CONNECTION WITH SAID URBAN RENEWAL REDEVEL PMNENT OJECT. WHEREAS, the City Council of the City of wa 'ty, Iowa, after public notice and hearing as prescribed by law and pursuant to Resolutio o. passed and approved on the day of , 2010, adopted an Urban newal Plan (the "Urban Renewal Plan") for an urban renewal area known as the Moss Green ba Village Urban Renewal Project Area, (the "Urban Renewal Project Area"), which Urban enewa Project Area includes the lots and parcels located within the area legally described a follows: MOSS-GREEN URBAN VILLAGE A part of the subdivision of the Northeast O -Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Jo son County, Iowa, as r corded in Plat Book 1 at Page 11 in the Records of the Johnson County ecorder, Johnson County, Iowa, more particularly described as follows: Lots Four (4), Fi (5) and Ten (10) and the So h nine (9) acres of Lot Six (6), and the South 12-1/2 acres of Lo fight (8), all of the subdivision Northeast Quarter of Section 35, Township 80 North, R ge 6 West of the Fifth Principal Me 'dian, Johnson County, Iowa, containing 60.67 acres, mo or less; and All of the Northeast Quarter of a Southeast Quarter, a part of the Southea t Quarter of the Southeast Quarter lying North f the Interstate 80 Right-of--Way line and the ast 63.75 acres of the West Half of the Southea t Quarter lying North of the Interstate 80 Right- -Way line, all of said Section 35, Township 0 North, Range 6 West of the Fifth Principal Meri n, Johnson County, Iowa, being more articularly described as follows: BEGINNING at the ast Quarter Corner of Section 35, To ship 80 North, Range 6 West of the Fifth Principal Me 'dian, Johnson County, Iowa; THENCE South 00° 6'46" East, a distance of 1,980.54 feet to the North Right-of--Way line of Interstate 80; THENCE South 8 °24'15" West, along the North Right-of--Way line of Interstate 80, a distance of 646.23 feet; THENCE Conti ing west along the North Right-of--Way line of Interstate 80, North 88° 11'05" West, a distan of 1,731.77 feet;