HomeMy WebLinkAbout2008-04-01 Ordinancer 4- -
~`,I~.®~~ CITY OF IOWA CITY 8
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Date: March 27, 2008
To: City Council
From: Kevin O'Malley, Finance Director ~~.~,~
Re: Solid Waste Fee Increase -July 1, 2008
It was recommended during review of the FY2009 budget that refuse collection fees be
increased by $ .50 to $14.50 per month per dwelling unit, with an effective date of July 1, 2008.
This increase is necessary due to annual cost of living adjustments, rising vehicle fuel costs and
expansion of the roll-out refuse tipper-cart program.
Total expenditures in FY2009 are projected to be $2.8 million. Revenue, with the proposed
increase in place, is projected at $2.7 million. An additional $.50 increase is recommended in
FY2010, in order to bring operations into balance.
The allocation for roll-out refuse tipper-carts was increased from $55,.000 annually to $132,000
in FY2009. These tipper-carts allow for pick-up by partially and fully-automated refuse trucks.
The pilot program, established in FY2002, was well received and has reduced injuries. For this
reason, the program has been expanded to additional areas, adding approximately 1,000 tipper-
carts per year. There are currently 6,077 tipper-carts in use out of a total 14,556 residential
stops. One additional automated truck was budgeted in FY2008 and is slated for delivery
during the fall of 2008.
Prepared by: Kevin O'Malley, Director of Finance, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5053
ORDINANCE NO.
ORDINANCE AMENDING TITLE 3, ENTITLED "CITY FINANCES, TAXATION AND FEES,"
CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, .BONDS, FINES, AND
PENALTIES," SECTION 3~-5, ENTITLED "SOLID WASTE DISPOSAL," OF THE CITY CODE TO
INCREASE OR CHANGE CERTAIN SOLID WASTE CHARGES.
WHEREAS, pursuant to Chapter 384, Code of Iowa (2005), the City of Iowa City provides certain solid
waste collection and disposal services; and
WHEREAS, it is in the public interest to increase certain fees and charges associated with said solid waste
collection and disposal services; and
WHEREAS, the Iowa City City Council proposes to increase residential solid waste collection fees by
approximately 4% for billing on or after July 1, 2008, to adequately finance operational costs; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT. Title 3, entitled "City Finances, Taxation, and Fees," Chapter 4, entitled
"Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 3-4-5, entitled "Solid Waste
Disposal," of the Iowa City Code is hereby amended by:
Changing the charge for residential solid waste collection from $14.00 to $14.50 per dwelling unit, and 2
rooming units, per month; and from $10.40 minimum to $10.90 minimum for solid waste.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective July 1, 2008.
Passed and approved this day of , 20
MAYOR
ATTEST:
CITY CLERK
A roved by
~~~
City Attorney's Office ~y JOB
finadm/ord/feei ncrease-sw08. doc
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
Correia
Hayek
O'Donnell
Wilburn
Wright
First Consideration 4 / 1 [ 2008
Vote for passage: .AYES: Hayek, O'Donnell, Wilburn, Wright, Bailey, Champion,
Correia. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
-~
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER
5, ENTITLED "MISCELLANEOUS OFFENSES," SECTION 2,~ ENTITLED "BEGGING,"
TO PROHIBIT SOLICITING FOR MONEY IN LIMITED AREAS, AT CERTAIN TIMES,
AND IN AN AGGRESSIVE MANNER.
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, persons who are using an automated teller machine, sitting in a sidewalk cafe, watching
their children play on playground equipment, and walking into a business are susceptible to undue
intimidation, pressure, and harassment from solicitors;
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, the purpose of designating the area defined as Zone 1 in city plaza was to keep the area
abutting buildings free from objects or other obstructions;
WHEREAS, Resolution No. 99-337 approved the Central Business District Urban Revitalization Plan
and Ordinance No. 99-3900 designated the Central Business District;
WHEREAS, the primary objective of the Central Business District Urban Revitalization Plan is to
encourage the revitalization of commercial activity and the reuse of history and architecturally significant
structures;
WHEREAS, Resolution No. 99-353 approved the Near Southside Commercial Urban Revitalization
Plan, and Ordinance No. 94-3657 designated the Near Southside Commercial Urban Revitalization Area;
WHEREAS, the primary objectives of the Near Southside Commercial Revitalization Plan was to
encourage commercial use and the reuse of historic and architecturally significant structures;
WHEREAS, the objectives of the Northside Marketplace Streetscape Master Plan include providing a
safe and inviting experience for residents and visitors and reintroducing the area as an exciting and
essential part of Iowa City;
WHEREAS, the City has made a substantial investment in city plaza, the Central Business District,
the Near Southside Commercial Area, and the Northside Marketplace Area to ensure their continued
economic, community, and social vitality;
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 "Begging," is deleted in its entirety and the following Section 2 is substituted in lieu thereof:
A. Definitions.
"Aggressive manner" means any of the following:
1. Touching or causing physical contact with the person solicited.
2. Blocking the passage of the person solicited.
3. Continuing to solicit after a refusal by the person solicited.
4. Following behind, ahead or alongside a person who walks away from the solicitor after being
solicited.
5. Using obscene, profane or abusive language or gestures toward the person solicited.
"Automated teller machine" means a device linked to a financial institution's account records,
which is able to carry out transactions, including, but not limited to: account transfers, deposits, cash
withdrawals, and balance inquiries.
Ordinance No.
Page 2
"Downtown" means Central Business District, Near Southside Commercial Area, and the
Northside Marketplace Area as illustrated on the map below.
"Solicit" means to request an immediate donation of money or other thing of value from another
person, regardless of the solicitor's purpose or intended use of the money or other thing of value. The
solicitation may be, without limitation, by the spoken, written or printed word or by other means of
communication.
B. In the "downtown," it is illegal:
1. To solicit in an aggressive manner.
2. To solicit within ten (10) feet of the anchored or temporary fencing to a sidewalk cafe.
3. To solicit within ten (10) feet of an entrance to or exit from any building.
4. To solicit within ten (10) feet of the concrete border to the playground equipment located south
of the public library in city plaza.
5. To solicit within twenty (20) feet of an automated teller machine.
6. To solicit within ten (10) feet of a mobile vendor.
C. No person shall be cited under subsections 62-66 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.
D . In places within the City other than "downtown," it is illegal to solicit in an aggressive manner or in
a manner that will impair orderly movement of pedestrian or vehicular traffic or otherwise create
unreasonable health and safety concerns.
SECTION II. VIOLATION. Any violation of this ordinance shall be considered a simple misdemeanor
punishable by a fine of $65.00.
SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of , 2008.
MAYOR
ATTEST:
CITY CLERK
A r d by ~
City Attorney's Office
Sue/ord/panhandle.doc
Ordinance No.
Page
It was moved by and seconded by
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
that the
First Consideration 3 / 11 / 200.8
Vote for passage: AYES: Hayek, O'Donnell, Wilburn, Bailey, Champion, Correia.
NAYS:Wr~;ght. ABSENT: None.
Second Consideration 4 / 1 / 2008
Vote for passage: AYES: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn.
NAYS: Wright. ABSENT: None
Date published
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Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS,"
CHAPTER 5, ENTITLED "MISCELLANEOUS OFFENSES," BY ADDING A NEW
~,
SECTION 10, ENTITLED SITTING AND LYING ON SIDEWALKS" TO PROHIBIT
SITTING AND LYING ON PUBLIC SIDEWALKS IN THE DOWNTOWN AND IN
ZONE 1 OF CITY PLAZA.
WHEREAS, the City has an interest in the free flow of pedestrian traffic;
WHEREAS, public sidewalks are created and maintained for the primary purposes of enabling
pedestrians to safely and effectively move about from place to place, facilitating deliveries of goods and
services, and providing potential customers with convenient access to goods and services;
WHEREAS, pedestrians, particularly the elderly, disabled or vision -impaired, are put at increased
risk when they must navigate around individuals sitting or lying upon the public sidewalks;
WHEREAS, sitting or lying on the public sidewalks in downtown and neighborhood commercial areas
interferes with the primary purposes of the public sidewalk and threatens public safety;
WHEREAS, in some circumstances, sitting or lying deters persons from shopping or dining in an area
or at a particular establishment and undermines the essential economic vitality of those areas;
WHEREAS, there are numerous other places within the downtown and neighborhood commercial
areas where sitting or lying down can be accommodated without unduly interfering with the safe flow of
pedestrian traffic, impairing economic vitality, or threatening public safety;
WHEREAS, Resolution No. 99-337 approved the Central Business District Urban Revitalization Plan
and Ordinance No. 99-3900 designated the Central Business District;
WHEREAS, the primary objective of the Central Business District Urban Revitalization Plan is to
encourage the revitalization of commercial activity and the reuse of history and architecturally significant
structures;
WHEREAS, Resolution No. 99-353 approved the Near Southside Commercial Urban Revitalization
Plan, and Ordinance No. 94-3657 designated the Near Southside Commercial Urban Revitalization Area;
WHEREAS, the primary objectives of the Near Southside Commercial Revitalization Plan was to
encourage commercial use and the reuse of historic and architecturally significant structures;
WHEREAS, the objectives of the Northside Marketplace Streetscape Master Plan include providing a
safe and inviting experience for residents and visitors and reintroducing the area as an exciting and
essential part of Iowa City; 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," is hereby
amended by adding a new Section 10, entitled "Sitting and Lying on Sidewalks" as follows:
1. No person shall sit or lie down upon a public sidewalk in the downtown or in Zone 1 of city
plaza or on a blanket, chair, stool, or any other object placed on a public sidewalk in the downtown or
in Zone 1 of city plaza
2. This prohibition shall not apply to:
a. A person attending, viewing, or participating in any of the following events: Friday Night
Concert Series, Arts Fest, Jazz Fest, University of Iowa Homecoming parade, University
of Iowa River Run, Old Capitol Criterium Bicycle Race or any parade, public assembly,
festival, performance or similar event co-sponsored or permitted by the City of Iowa City,
where crowds of people gather.
b. A person sitting or lying down due to a medical emergency.
c. A person with disabilities using a wheelchair or similar device designed for a person with
disabilities.
d. A person sitting at a sidewalk cafe.
e. A person sitting or lying on a bench or planter affixed to the public sidewalk.
f. A person who has a temporary use of sidewalk permit, a mobile vending permit, or other
permit issued by the City.
3. No person shall be cited under this section unless the person engages in conduct after having
been notified by a peace officer that the conduct violates the City ordinance.
Ordinance No.
Page 2
4. "Downtown" means the Central Business District, the Near Southside Commercial Area, and
the Northside Marketplace Area as illustrated on the map in Section 8-5-2 of this Code. "Zone
1 of city plaza" means "zone 1" as that term is defined in section 10-5-2 of this Code.
SECTION II. VIOLATION. Any violation of this ordinance shall be considered a simple misdemeanor
and punished by a fine of $65.00.
SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of , 2008.
MAYOR
ATTEST:
CITY CLERK
Ap / ved by
~ ~ - ~Z-D~
City Attorney's Office
Suelord/nema sitting.doc
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
Correia
Hayek
O'Donnell
Wilburn
Wright
First Consideration 3 / 11 / 2008
Vote for passage: AYES: O'Donnell, Wilburn, Wright, Bailey, Champion, Correia,
Hayek. NAYS: None. ABSENT: None.
Second Consideration 4 / 1 / 2008
Vote for passage: AYES: Champion, Correia,Hayelc, O'Donnell, Wilburn,
Wright. NAYS: None. ABSENT: None.
Date published
1=~
Prepared by: Kristopher Ackerson, Asst. Transportation Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-
356-5247
ORDINANCE NO.
ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3,
ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITLED "SPEED RESTRICTIONS",
SUBSECTION B, ENTITLED "EXCEPTIONS".
WHEREAS, City Code Section 9-3-6(B) currently defines speed limits for U.S. Highway 218 from the
south city limits to the intersection of U.S. Highway 6 and Iowa Highway 1; and
WHEREAS, the street between the intersection of U.S. Highway 6 and Iowa Highway 1 and the south
city limits is now named Old U.S. Highway 218 and Riverside Drive; and
WHEREAS, it is in the best interest of the City to define maximum allowable speeds for all vehicles
on public streets and highways;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," Section 6,
entitled "Speed Restrictions," Sub-Section B, entitled "Exceptions" is hereby amended by substituting the
following language under the heading of "Name of Street":
Maximum
Speed Limit
Name of Street (MPH) Where Limit Applies
Old U.S. Highway 218 50 From the south city limits to a point 1,600
feet north of the south city limits _
Riverside Drive 45 From a point 1,600 feet north of the south
city limits to a point 800 feet south of the
intersection with U.S. Highway 6 and Iowa
Highway 1
Riverside Drive 30 From a point 800 feet south of the
intersection with U.S. Highway 6 and Iowa
Highway 1 north to the intersection with
U.S. HiahwaV 6 and Iowa Highway 1
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective upon publication.
Passed and approved this day of , 2008.
MAYOR
ATTEST:
CITY CLERK
Appr ed by
~~~~
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
First Consideration
Vote for passage:
Wilburn.
Second Consideration _
Vote for passage:
Champion.
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
that the
3/11/2008
AYES: Wright, Bailey, Champion, Correia, Hayek, O'Donnell,
NAYS: None. ABSENT: None.
4/1/2008
AYES: Correia, Hayek, O'Donnell, Wilburn, Wright, Bailey,
NAYS: None. ABSENT: None.
Date published