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HomeMy WebLinkAbout1985-05-07 OrdinanceM ORDINANCE NO. ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF GILBERT AND WASHINGTON STREETS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,: SECTION I. CHANGE. That the property described below is hereby reclassified from its present classification of P to CB -2, and the boundaries of the CB -2 zone as indicated upon the zoning map of the City of Iowa City, Iowa, shall be enlarged to include this property: Beginning at the northwest corner of Lot 4 Block 43 Original Town, thence east along the north lot line of Lot 4 and Lot 3 of Block 43 108 feet, thence south approximately 153 feet to the north right-of-way line of the east - west alley through Block 43, thence west along the north right-of-way line of the alley approximately 18 feet, thence south 96.30 feet along a line parallel to and 11 feet east of the east lot line of Lot 5 Block 43 Original Town, thence west 89.57 feet to the west lot line of Lot 5 Block 43, thence north along the east right- of-way line of Gilbert Street 250.32 feet to the point of beginning. SECTION II. MAP AMENDMENT. 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 as provided by law. SECTION III. CERTIFICATION. The City Clerk is hereby authorized and directed to certify a copy of this ordinance to the County Recorder of Johnson County; Iowa, upon final passage and publication as provided by law. SECTION IV. REPEALER: All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTIO14 V. SEVERABILITY: If any section, provision or part o the Ordinance shall Ordinance No. Page 2 be adjudged to be invalid or unconstitu- tional, 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 Ordi- ­�k�ll he .� aff.,f a har the final City of Iowa City MEMORANDUM Date: May 3, 1985 To: City Council and City Manager From: Chuck Schmadeke C// Re: Revision to Street Excavation Ordinance The Street Excavation Ordinance has been revised by adding Section 31-38 - mge, ions: "In performing their public functions, the City, its Depart- ments,ivisions, employees and contractors are exempt from the provisions of this Article." As the result of a recent court case (Lawrence J. Meade and Barn Realty, Inc. versus City of Iowa City and Martin K. Eby Construction Company, Inc.), the City of Iowa City, its employees, departments and contractors are required to adhere to the provisions of the Street Excavation Ordinance. Contracts let by the City are covered by separate specifications and should not be governed by this ordinance. The proposed revision of said ordinance will protect the City of Iowa City in similar cases in the future. In addition, the wording of various sections has been changed for clarity without any change in substance. bj5/2 Inn i ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY ADDING THERETO ARTICLE VIII, ENTITLED "SIDEWALK CAFES." BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION 1. PURPOSE. The purpose of this amendment is to prescribe criteria for the establishment of and to provide regula- tions for sidewalk cafes located on the public right-of-way in certain areas of the city. SECTION 2. AMENDMENT. Chapter 31 of the ode of URF�nances of the City of Iowa City, Iowa is hereby amended by adding a new Article, Article VIII, "Sidewalk Cafes," as follows: ARTICLE VIII. 'SIDEWALK CAFES DIVISION 1. GENERALLY Sec. 31-170. Purpose. The purpose of this Article is to prescribe criteria for the establishment of and to provide regulations for the sidewalk ic rightacafes of -way in certain areas an the p areas of thecity. Sec. 31-171. Definitions. [For the purposes of this article the following terms shall have the meanings stated herein.] Public right-of-way: The streets, sidewalks, roadways or other property owned by and located within the city. Restaurant: A business establishment, licensed by the Johnson County Board of Health, which serves food and beverage for public consumption on premises. Sidewalk cafe: A restaurant's temporary, outdoor service area used for the serving and consumption of food and beverages, which are dispensed from inside said restaurant to people seated at tables and chairs in said service area. Sec. 31-172. Permit required. It shall be unlawful for any person, firmpublico right of way fororation to usa sidportion alk ocafe without having first obtained a sidewalk fe permit nasement pursuant toDivision 2ofthisArticle. DEFERRED TO 5/14/85 Ordinance No. Page 2 Sc.e31-173. Location. a) Sidewalk cafes may be permitted on the sidewalk portion of public right-of-way or on other pub- licly -owned property only in the areas of the city zoned CB -10 or CB -2 under Chapter 36 ("Zoning") of the City Code; however, sidewalk cafes shall not be aread as the City Plaza in Chapter d 9.1 ("City Plaza") of the City Code. b) A sidewalk cafe located on public property must be adjacent to or in front of the building housing the restaurant dispensing food and beverage for said cafe. c) A sidewalk cafe shall not extend onto the public sidewalk in such a manner as to allow less than an eight (8) foot corridor of unobstructed sidewalk for pedes- trian use. The eight (8) foot corridor of sidewalk must be continuous and contiguous with adjoining sidewalks. Sec: 31-174. n t. -b undariesnof adsidde The ewalkcafe located on public property shall be delineated by ropes, chains or by some other non -permanent method approved by the City Council. No permanent fixtures on the public right-of-way shall be permitted. At the end of each day's opera- tion, said boundary markers, all tables, chairs and other furnish- ings of the cafe shall be removed, and the cafe area shall be restored to its normal condition b) as a pedestrian way. All tables, chairs and other furnishings of the sidewalk cafe shall be set back at least ten (10) feet from any alley. c) A sidewalk cafe shall not utilize any public amenities such as public benches or seats. d) Amplified sound equipment shall not be permitted in the sidewalk e) cafe area. Advertising or identification signage, other than that permitted on the building housing the main Ordinance No. Page 3 restaurant, shall not be permitted in the sidewalk cafe area, including on tables, chairs and other furnishings of said cafe. Sec. 31-175. Service of alcoholic beverages or beer. Alcoholic beverages or beer may be served at the sidewalk cafe as an outdoor service area only under the authority of a liquor control license or beer permit issued by the Iowa Beer and Liquor Control Department pursuant to Chapter 123, Code of Iowa. Sec. 31-176. City manager's rule -waking authority. The City Manager may make, amend, revoke and enforce reasonable and neces- sary rules and regulations governing the operations of sidewalk cafes; a copy of any and all rules and regulations issued under the provision of this section shall be filed' in the office of the City Clerk and shall be available for inspection during normal business hours. Secs. 31-177 - 31-184. Reserved. DIVISION 2. PERMIT Sec. 31-185. Application for permit. In order to obtain a sidewalk cafe permit pursuant to this Article, the applicant shall file a signed application with the City Manager or his/her designee in such form as prescribed by same. In order to be considered, the application and attachments shall contain sufficient information to ensure full compliance with this Article. At a minimum, the applica- tion shall contain a plot plan showing dimensions of the sidewalk cafe area, a picture or illustration of the furnishings to be used, the seating capacity of the sidewalk cafe, and whether alcoholic beverages or beer are intended to be served. In addition, the applicant shall provide the name and address of the owners of each immediate abutting property. City staff shall notify the abutting property owners by mail of said application and of the date and time said application will appear on the agenda for City Council consideration. f06 Ordinance No. Page 4 Sec. 31-186. Insurance and indemnifi- cation. The applicant shall agree to indemni- fy, defend and save harmless the City of Iowa City, its agents, officers and employees, from and against all claims, damages, losses and expenses in any manner resulting from, arising out of or con- nected with the use of public right-of-way to which the application relates. The application shall be accompanied by a policy of liability insurance purchased by the applicant for the protection of the public, which policy shall name the city as an additional insured and shall indemnify and hold harmless the city. The liability insurance required as a candi- tion to the issuance of a sidewalk cafe permit shall be in the minimum amount of ' three hundred thousand dollars ($300,000.00) for personal injuries, and fifty thousand dollars ($50,000.00) for property damage. Such insurance shall be provided by a company authorized to do { insurance business in the state of Iowa and shall provide thirty (30) days' notice i of cancellation or material change. i Sec. 31-187: Fees. The applicant shall include with the application a permit fee to be determined by resolution of the City Council. The permit fee, which shall be based upon the square foot area to be leased for the sidewalk cafe, may be periodically reviewed and revised, as appropriate, by resolution of the City Council. Sec. 31-188. Council action an applica- tion; lease agreement. The City Manager or his/her designee shall promptly submit only complete applications to the City Council. The City Council will normally consider such applications only at regularly scheduled formal meetings. Upon approval of an application, the City Council shall issue a sidewalk cafe permit which shall become effective at the time a lease agreement for the subject public right-of-way is i executed between the applicant and the City. Failure to execute such lease r agreement within two (2) weeks of the granting of a sidewalk cafe permit will result in a revocation of the permit. fff Ordinance No. Page 5 Sec. 31-189. Term of permit. a) Permits shall be for the term specified in the lease agreement or until terminated or revoked by the City Manager pursuant to the lease agreement. In no case shall the term of said lease agree- ment be longer than one (1) year. b) Permits and leases are non- transferable and non -assignable. SECTION 3. REPEALER: All ordinances and pars of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION 4. SEVERABILITY: If any section, provision or par o t e Ordinance shall be adjudged to be invalid or unconstitu- tional, 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 5. EFFECTIVE DATE: This Ordi- nance shall e in effect after its final passage, approval and publication .as required by law. Passed and approved this ATTEST: CITY CLERK Rweehrod 3 Approved 15y The legal Uepartrr+ent S 3 4 ORDINANCE NO. 85-3233 AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA BY ADDING NEW ARTICLE V THERETO, ENTITLED "SELF -FUELING REGULA- TIONS." BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. PURPOSE. The purpose of this ordinance is toamend Chapter 4 ("Air- port") to provide self -fueling regulations for persons, firms or corporations operating aircraft on the airport which engage in the fueling of their own aircraft. SECTION II. AMENDMENT. Chapter 4 of the o o r financ ees ot the City of Iowa City, Iowa, is hereby amended by adding thereto the following new Article V: ARTICLE V. SELF -FUELING REGULATIONS Sec. 4-80. Fueling and Inflammables Persons, firms, or corporations operating aircraft on the airport in- tending to fuel their own aircraft must do so in accordance with the requirements of this Article; however, the requirements of this Article for self -fueling shall not apply to commercial fueling operations. No person shall use flammable volatile liquids having a flash point of less than one hundred (100) degrees Fahrenheit in the cleaning of aircraft, aircraft engines, propellers, appliances or for any other purpose unless such operations are conducted in open air, or in a room spe- cifically set aside and approved for that purpose; which roam must be properly fireproofed and equipped with adequate and readily accessible fire extinguishing apparatus. The procedures and precautions outlined in the criteria of the National Fire Protection Association, (NFPA Pamphlet No. 4100, Safeguarding Aircraft Cleanin Paintin an Paint Removal, anNFRA Pamphlet No. 41UF, Aircra7F—Cabin Clean - in and Refurbishin erat ons she be a her to n a c can ng, painting and refurbishing operations using flammable liquids, including the storage of such fluids. 9.9/ Ordinance No. 85-3233 Page 2 Sec. 4-81. Fueling Operations Aviation fuels may be sold on Airport property only by vendors meeting the minimum operating standards provided by Sec. 4-37 of this Chapter and having a written lease with the Airport Commission. Private users may fuel aircraft owned, rented or leased by them, provided such operation is carried on in compliance with the requirements for self -fueling as provided in this Article. Sec. 4-82. Fueling and Defueling Aircraft The following general rules shall govern the refueling, defueling, oil service and sumping of aircraft, the placing of fuels in storage tanks or dispensers: a. No aircraft shall be refueled, defueled or oil serviced while aircraft engines are running, or aircraft is'being warmed by applica- tion of heat or while such aircraft is in a closed hangar or congested or an enclosed space. b. No person shall smoke or permit any open flame within one hundred (100) feet of any aircraft undergoing fuel service. c. Prior to the fuel servicing of any aircraft, it and the fuel dispensing equipment shall be grounded to a point or points of zero electrical poten- tial, when complete, in the reverse order to prevent the possibility of static ignition of volatile liquids. As a minimum, the refueling unit shall be grounded to aircraft. When feasible, however, the following grounding sequence is preferred: 1. Aircraft to apron or ground. 2. Refueling unit to ground. 3. Refueling unit to aircraft. 4. Refueling nozzle to aircraft. The foregoing procedure necessarily modified will apply to a storage dumping and the filling of dispensing equipment. d. When malfunction of refueling equip- ment is detected, all refueling shall cease immediately and the malfunction remedied or entire unit replaced by another. Any malfunctions or irregu- larity detected on or within the 351 Ordinance No. 85-3233 Page 3 aircraft being serviced will be brought to the attention of the aircraft owner or operator immedi- ately. e. Crews engaged in the fueling and defueling of aircraft, the filling of dispensing equipment or dumping into storage with aviation fuels shall exercise extreme caution to prevent spills. When spills occur, servicing will cease and spills will be washed down, removed or absorbed with suitable material. f. Fueling pumps, meters, hoses, nozzles, fire extinguishers, and grounding devices will be kept in first class condition at all times. g. During fuel handling operation in connection with any aircraft, a CO2 or approved dry chemical fire extinguishers (15 lbs. or larger) shall be immediately available for use in connection therewith. h. No person shall perform or allow performance of any refueling operation during an electrical storm. i. No person shall operate any radio transmitter or receiver or switch electrical appliances off or an in an aircraft during fueling or defueling. J. No person shall use any material or equipment during fueling or defueling of aircraft which is likely to cause a spark or ignition. k. No person shall start the engine of any aircraft when there is any aircraft fuel on the ground under such aircraft. 1. All hoses, funnels and appurtenances used in fueling and defueling opera- tions shall be equipped with a grounding device to prevent ignition of volatile liquids if so equipped from the manufacturer. m. No aircraft shall be fueled or defueled while passengers are on board the aircraft unless a passenger loading ramp is in place at the cabin door of the aircraft, the aircraft door is in open position and a cabin attendant is present at or near the cabin door. r� ordinance No. 85-3233 Page 4 n. No airborne radar equipment shall be operated or ground tested on any area wherein the directional beam of high intensity radar is within three hundred (300) feet or, low intensity radar (less than 50 KW output) is within one hundred (100) feet or another aircraft, an aircraft refuel- ing operation, an aircraft refueling truck or aircraft fuel or flammable liquid storage facility. o. During refueling or defueling, fuel handling vehicles shall be so placed so as to be readily removable in event of fire, and so as to permit direct driving away from the loading or fueling position. No more than one (1) refueler shall be positioned to refuel each wing of an aircraft and not more than two (2) refuelers shall be positioned to serve the same aircraft. When high capacity aircraft are refueled, additional refuelers shall not be parked or positioned within one hundred (100) feet from the aircrareasafapprovedced by and then Director in of Aviation. p. Each fuel handling vehicle shall be conspicuously marked in letters of contrasting color, with the word "Flammable" on both sides and rear of the cargo tank in letters at least six (6) inches high, and with the wording "Emergency Shut Off" and other instructions appropriate operating required at the emergency operating devices in letters at least two (2) inches high. Each fuel handling vehicle will also be conspicuously marked on both sides and rear with the type and grade of fuel it contains. q. Each fuel handling vehicle shall meet all requirements of the Uniform Fire Code adopted by Iowa City Code regarding fueling on airports. r. A lease with the Airport Commission for the space required to store the refueling vehicle must be obtained before storing of said vehicle on airport property. $S1 Ordinance No. 85-3233 Page 5 Sec. 4-83. Storage No aviation fuels may be stored on airport property except in the storage compartments of fuel handling vehicles and/or in underground storage tanks as provided in Section 4-88 of this Article. Sec. 4-84. Liquid Disposal No fuels, oils, dopes, paint, solvents or acids shall be disposed of or dumped in drains, on the ramp areas, catch basins or ditches or elsewhere on the Airport. Sec. 4-85. Cleaning Floors Floors shall be kept clean and free from oil. The use of volatile flammable solvents for cleaning floors is prohib- ited. Sec. 4-86. Drip Pans If required by aircraft designs, drip pans shall be placed under motors and kept clean at all times. Sec. 4-87. Compressed Gases No cylinders or flasks of compressed flammable gases shall be stored in hangars. Sec. 4-88. Underground Storage Tanks Persons, firms, or corporations operating aircraft on the airport and electing to, with the permission of the Airport Commission, to install buried storage tanks to fuel their own aircraft must meet the following minimum standards: (a) Land. Said person, firm, or corporation (hereinafter in this section referred to as "lessee") must secure a lease from the airport commission which leasehold shall contain a sufficient area to provide space for all buildings, aircraft parking, paved ramp area, fuel farm, and motor vehicle parking. All land shall be leased from the Airport Commission. Access to airport property from pri- vately -owned land (commonly referred to as "through -the -fence" operations) is strictly prohibited. (b) Personnel. One properly trained person shall be on duty during all hours of operation as provided for by the Uniform Fire Code (Articles 24 and 79). 9s/ Ordinance No. 85-3233 Page 6 (c) Services. The lessee may hangar, adjust, repair, refuel, clean and otherwise service his own aircraft, provided he does so with his own employees in accordance with the established standards of the Airport Commission relating to such work. This would not prevent lessee from hiring outside mechanical labor inasmuch as adequate service could not be obtained by existing lessees of the Airport Commission. (d) Fuel Facilities. One metered filter -equipped dispenser for dispensing aviation gas and/or jet aviation fuels from buried storage tanks having a sufficient capacity to meet the lessee's demand j as addressed in FAA Advisory Circu- lar, FAA AC No. 150/5230-4 (and revisions) and the Uniform Fire Code (Article 24 and 79). (e) Aircraft Fueled. Only aircraft owned, rented or leased j by the lessee may be fueled from the lessee's fueling facilities. (f) Fuel Quality Control Program. All storage facilities shall be maintained and operated by the lessee in accordance with all EPA, Federal, State, local and Uniform/National Fire Code provisions covering fuel storage and dispensing on airports. The applicable sections of FAA Advisory Circular No. 150/57.30-4 (and revisions) and the Uniform Fire Code (Article 24 and 79) shall be fol- lowed. (g) Hours of Operation. The normal operating hours will be at the discretion of the lessee. (h) Insurance Coverage. Lessee shall provide the following minimum insurance coverage (and shall provide proof of such to Lessor): Comprehensive public liability and property damage: Bodily injury: One hundred thousand dollars ($100,000.00) each person; one million (;1,000,000.00) each accident. 0S/ Ordinance No. 85-3233 Page 7 Property damage: One million dollars ($1,000,000.00) each acci- dent. (i) The land lease shall include a clause that holds the City of Iowa City and the Iowa City Airport Commission harmless of any liability resulting from the operation of the self fueling facility. SECTION III. REPEALER: All ordinances and parts or or nances in conflict with the orovision of this ordinance are hereby SECTION IV. SEVERABILITY: If any sec ion, prov s on or pa of the Ordi- nance 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 Ordi- nance s a e n e ec after its final passage, approval and publication as required by law. Passed and approved this 7th day of May, 1985. �� ,4 ATTEST: itocalved li Approved >sy Lgd De aArtwnt 4Z 0-97 It was moved by Zuher and seconded by Dickson , that the Ordinance as re a a adopted and upon ro ca ere were: AYES: NAYS: ABSENT: X AMBRISCO _x BAKER x_ DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER First consideration 4/9/85 Vote for passage: yes: risco, Baker, Dickson, Erdahl, McDonald, Strait, Zuber. Nays: None. Absent: None. Second consideration 4/23/85 Vote for passage :yes: r = , kDonald, Strait, 'Luber, Ambrisco, Baker. Nays: None. Absent: Dickson Date published 5/15/85 Ss/