HomeMy WebLinkAbout1997-01-14 OrdinancePrepared By: Scott Kugler, Associate Planner, z~10 E. Washington St.,
Iowa City, IA 52240; (319)356-52z~3
ORDINANCE NO. 97-3763
ORDINANCE AMENDING THE ZONING ORDI-
NANCE BY CHANGING THE USE REGULA-
TIONS OF APPROXIMATELY 7.12 ACRES LO-
CATED WEST OF DUBUQUE STREET AND
SOUTH OF THE IOWA RIVER.
WHEREAS, the City of Iowa City initiated
annexation and rezoning of approximately 7.12
acres of land located west of Dubuque Street
and south of the Iowa River from County RS,
Suburban Residential, to P, Public; and
WHEREAS, City control of said property is
needed to protect the groundwater resources
for the City's new water treatment facility
being constructed on adjacent property to the
south and west of the property, and;
WHEREAS, P, Public zoning in this location is
consistent with the use and zoning of adjacent
property to the west and southwest and is in
the City's best interest.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. ZONING AMENDMENT. The prop-
erty described below is hereby reclassified from
its present classification of County RS, Subur-
ban Residential, to P, Public:
Commencing at the Southwest Corner of
the Southeast Quarter of Section 33, Town-
ship 80 North, Range 6 West of the Fifth
Principal Meridian, Thence N01°7'29"W,
along the West Line of the East One-Half of
said Section 33, a distance of 3094.32
feet, to a point on the Southerly Top of
Bank of the Iowa River, and the Point of
Beginning: Thence continuing
N01 °O7'29"W, along the West Line of the
East One-Half of said Section 33, 148.17
feet, to its intersection with the centerline
of the Iowa River: Thence S67°54'O8"E,
along said centerline, 449.93 feet; Thence
S74°O8'56"E, along said centerline, 299.51
feet; Thence S74°30'O3"E, along said
centerline, 208.66 feet, to its intersection
with the Westerly Right-of-Way Line of
North Dubuque Street; Thence
Ordinance No. 97-37F;3
Page 2
S08°O2'35"W, along said Westerly
Right-of-Way Line, 220.73 feet, to an iron
pin found; Thence N81°57'25"W, along
said westerly Right-of-Way Line 25.32 feet;
Thence S08°02'35"W, along said Westerly
Right-of-Way Line, 20.00 feet; Thence
N88°39' 10"E, along said Westerly Right-of-
Way Line 4.23 feet; Thence S49°31 '28"E,
along the Southerly line of the parcel ac-
quired by Condemnation Proceedings in the
name of Johnson County, Iowa and record-
ed in Book 1097, at Page 52, of the records
of the Johnson County Recorder's Office,
45.11 feet; Thence S81°57'25"E, along
said Southerly Line, 63.04 feet, to its
Southeasterly Corner thereof on the former
centerline of said North Dubuque Street;
Thence S08°02'39"W, along said center-
line, 72.78 feet; Thence Southeasterly,
116.21 feet, along said centerline on a
996.44 foot radius curve concave North-
easterly, whose 116.14 foot chord bears
S04°42'11"W; Thence N74°11'O4"W,
665.17 feet; Thence N15 °48'56"E, 300.00
feet; Thence N67°54'OS"W, along said Top
of Bank, 394.85 feet; Thence
N61°43'01"W, along said Top of Bank
1.82 feet, to the Point of Beginning. Said
tract of land contains 7.12 acres, more or
less, and is subject to easements and re-
strictions of record.
SECTION II. 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
final approval of the annexation of the subject
tract by the City Development Board, and upon
final passage, approval and publication of the
Ordinance as provided by Law.
SECTION Ill. CERTIFICATION AND RECORD-
ING. The City Clerk is hereby authorized and
directed to certify and record a copy of this
Ordinance in the Office of the County Recorder
of Johnson County, Iowa, upon final approval
of the annexation of the subject tract by the
City Development Board and upon final passage
and publication of the Ordinance as provided by
law.
SECTION IV. REPEALER. All ordinances and
parts of ordinances in conflict with the provi-
sions 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
Ordinance No. 97-3763
Page 3
or part thereof not adjudged invalid or unconsti-
tutional.
SECTION Vl. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this 14th day of
January ,19 97 .
MAYOR ~ (,,¢/ (
ATTEST: ~ ~..~~
' CITY CLERK
ppdadmin\wdubuq.ord
Ordinance No. 97-3763
Page 4
It was moved by Vanderhoef and seconded by
Ordinance as mad be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
Thornberry that the
First Consideration 10/22/96
Vote f or passage: AYES: Lehman, Norton, Novick, Thornberry,
Vanderhoef, Baker, Kubby. NAYS: None. ABSENT: None.
Second Consideration 11/4/96
Vote for passage: AYES: Thornberry, Wnderhoef, Baker, Kubby, Lehman,
Norton, Novick. NAYS: None. ABSNET: None.
Date published 1/22/97
Prepared by: Dennis Mitchell, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319-356-5030
ORDINANCE NO. 97-3764
ORDINANCE AMENDING CITY CODE TITLE 4,
ENTITLED "ALCOHOLIC BEVERAGES," CHAP-
TER 3, ENTITLED "OUTDOOR SERVICE AR-
EAS; SEASONAL, FIVE DAY OR FOURTEEN
DAY LICENSES AND PERMITS," AND CHAP-
TER 1, ENTITLED "DEFINITIONS"; AND TITLE
10, ENTITLED "USE OF PUBLIC WAYS AND
PROPERTY," CHAPTER 3, ENTITLED "COM-
MERCIAL USE OF SIDEWALKS"
WHEREAS, the City desires to encourage
more businesses to open Outdoor Service
Areas (located on private property) and Side-
walk Cafes.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTIONI. AMENDING SECTION4-1-1.
Amending Section 4-1-1 as follows:
Repealing paragraph D from the defini-
tion of "RESTAURANT" in Section 4-1-1 and
adding a new paragraph D to the definition of
"RESTAURANT" in Section 4-1-1 which reads
as follows: "D. Has a kitchen separate from
the bar equipped with all of the following: a
stove, a griddle, a grill or broiler, and a food
refrigeration unit with a capacity in excess of
twenty (20) cubic feet.
Furthermore adding a paragraph G to
the definition of "RESTAURANT": "Includes a
care, cafeteria, coffee shop, delicatessen, ice
cream shop, lunchroom, or tearoom."
SECTION II. REPLACING SECTION 4-3-1 (B)(3).
Repealing Section 4-3-1(B)(3) and adding a
new Section 4-3-1 (B)(3) to read as follows:
Upon submitting an application for an
outdoor service area, the applicant shall provide
the name and address of the owner of each
abutting property as well as every other proper-
ty which is within one hundred feet (100') of
the applicant's premises. The applicant shall
also post on the applicant's premises in an area
readily observable to the public a sign provided
by the City regarding the applicant's intent to
Ordinance No.
Page 2
97-3764
establish or renew an outdoor service area.
Such notice must be posted at least ten (10)
days prior to the date and time when the
application will appear on the agenda for ap-
proval by the City Council.
SECTION III. REPLACING SECTION 4-3-1 (C)(2).
Repealing Section 4-3-1(C)(2) and adding a
new Section 4-3-1 (C)(2) to read as follows:
(a) Screening From Public View: Outdoor
service areas shall be screened on all sides
from public view. Screening shall consist of a
fence or other suitable barrier of not less than
five feet (5') in height nor more than eight feet
(8') in height. It shall be of solid construction
which will effectively prevent ingress or egress
from the premises except by way of an emerg-
ency exit only and prevent the passing of
beverages over, under or through the fencing.
An emergency exit shall be required of all
outdoor service areas and shall comply with all
building, housing and fire codes.
(b) Outdoor service areas located in the
CB-10 zone (the central downtown business
area) are exempt from screening requirements.
However, a permanent decorative fence or
other suitable barrier at least three feet (3') in
height but no more than eight feet (8') in
height which is detectable by a person who is
visually impaired is required. Emergency exits
shall comply with all building, housing and fire
codes.
SECTION IV. REPLACING SECTION 4-3-1 (C)(3).
Repealing Section 4-3-1(C)(3) and adding a
new Section 4-3-1 (C)(3) to read as follows:
(a) Entrances and Exits: Outdoor service
areas shall not be accessible except from the
licensed premises which it adjoins, The re-
quired emergency exit shall be an emergency
exit only.
(b) Outdoor service areas located in the
CB-10 zone (the central downtown business
area) are exempt from the restricted entrances
and exits requirement. Emergency exits shall
comply with all building, housing and fire
codes.
SECTION V. REPLACING SECTION 4-3-4(B).
Repealing Section 4-3-4(B) and adding a new
Section 4-3-4(B) to read as follows:
Fence Requirements: The perimeter of
temporary outdoor service areas shall be double
fenced with snow fencing or construction
fencing not less than three feet (3') in height,
Ordinance No. 97-3764
Page 3
with the outside fence located no less than six
feet (6') distant from the inside fence. Fencing
may be deleted at locations where the tempo-
rary outdoor service areas adjoin a building. An
emergency exit shall be required of all outdoor
service areas and shall comply with all building,
housing and fire codes.
SECTION Vl. AMENDING SECTION 10-3-1.
Amending Section 10-3-1 as follows:
Repealing paragraph D from the definition
of "RESTAURANT" and adding a new para-
graph D to the definition of "RESTAURANT"
which reads as follows: "Has a kitchen sepa-
rate from the bar equipped with all of the
following: a stove, a griddle, a grill or broiler,
and a food refrigeration unit with a capacity in
excess of twenty (20) cubic feet."
Furthermore repealing paragraph G from
the definition of "RESTAURANT" and adding a
new paragraph G to the definition of "RESTAU-
RANT" which reads as follows: "Includes a
cafe, cafeteria, coffee shop, delicatessen, ice
cream shop, lunchroom, or tearoom."
Furthermore repealing the definition of
"SIDEWALK CAFE" and adding a new definition
of "SIDEWALK CAFE" which reads as follows:
"An outdoor area located temporarily on a
public sidewalk contiguous with any side of a
building wherein a restaurant is located and
where food and beverages are taken for con-
sumption by persons sitting or standing at
tables in that area. Sidewalk cafes located on
a structure on top of a public sidewalk are
subject to the approval of the Director of Public
Works and must provide suitable access for
persons with disabilities. Such structures shall
not be more than eight feet (8') in height,
measured from the lowest point of the existing
sidewalk elevation to the top of the railing,
excluding amenities. Permitted sidewalk cafes
must abide by the requirements and limitations
as determined by City Council.
SECTION VII. REPLACING SECTION 10-3-
3(B)(3).. Repealing Section 10-3-3(B)(3) and
adding a new Section 10-3-3(B)(3) to read as
follows:
(a) The area for a sidewalk care shall be
temporarily delineated by ropes or some other
suitable method which shall be clearly visible to
pedestrians. Tables, chairs and other items are
to be removed at the end of each day's opera-
tion, and the sidewalk care area shall be re-
Ordinance No. 97-3764
Page 4
stored to its normal condition as a pedestrian
way. No materials shall be stored on the public
right of way,
(b) Sidewalk care owners may submit a
request to place anchored fencing in a public
sidewalk which is subject to approval by the
Director of Public Works. If stored outdoors,
tables, chairs, and other items shall be secured
within the anchored fencing at the end of each
day's operation so that they are unusable and
shall not block or obstruct emergency exits.
The owner shall be responsible for any damag-
es to the sidewalk caused by the placement of
the anchored fencing. A deposit shall be
required prior to the placement of any anchored
fencing on a public sidewalk and shall be
returned when the sidewalk is restored to its
prior condition. The amount of the deposit
shall be set by resolution of the City Council.
SECTION VIII. REPEALING THE "SUNSET"
PROVISION IN ORDINANCE 95-3676. Repeal-
ing the footnote provision in the codified ver-
sion of Ordinance 95-3676 which provided for
automatic repeal Nov. 1, 1997.
SECTION IX. REPEALER. All ordinances and
parts of ordinances in conflict with the provi-
sions of this Ordinance are hereby repealed.
SECTION X. 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 Xl. EFFECTIVE DATE, This Ordi-
nance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this 14th day of
January ,19 97 .
ATTEST: ~~ /~.
CITY C L'E'R K
City Attorney's Office
legal\dm~sidewaik.ord
Ordinance No. 97-3764
Page 5
It was moved by Nnrtnn and seconded by
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
Thornberry that the
First Consideration 12/17/96
Vote forpassage:AYES: Kubby, Lehman, Norton,Novick, Thornberry,
Vanderhoef, Baker. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
1/22/97
Moved by Norton, seconded by Thornberry, that the rult requiring
ordinances to be considered and voted upon for passage at two
Council meetings prior 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: Kubby, Lehman, Norton, Novick, Thornberry, Vanderhoef, Baker.
NAYS. None. ABSENT: None.
City of Iowa City
MEMORANDUM
DATE:
January 10, 1997
TO:
FROM:
Mayor and City Council Members
Marian K. Karr, City Clerk ~
RE: Sidewalk Cafes
A committee was formed at Council's request to review current regulations for
Outdoor Service Areas (located in private property) and Sidewalk Cafes (located on
public owned property). The Committee proposed an ordinance that reduced the
notification requirement for sidewalk cafes (on city-owned property) to property
owners within 100 feet and requires a sign be posted for tenants 10 days prior to
Council action; removed the screening requirement and reduces from 5 feet to 3
feet fencing height requirements for outdoor service areas (on private property) in
the CB-10 zone; provided provisions for seasonal fencing and elevated premises for
sidewalk cafes with the approval of the Public Works Director; clarified the
definition of "restaurant"; and streamlined the various types and categories of
outdoor service areas and sidewalk cafes.
After public hearing on December 3 the ordinance was revised to remove
microwave oven from the restaurant definition; add language to clarify that
sidewall( cafes on top of the sidewalk must provide suitable access to person's
with disabilities; and to remove the present and proposed sunset clause in Section
VIII.
As a result of Council discussion on December 17 and staff input, two additional
revisions have been made to the ordinance. Section Vl has been revised to
include a 10 foot height restriction in the definition for sidewalk cafes and Section
VII(b) changed the word "seasonal" to "anchored".
Staff recommends the second consideration of the ordinance be waived and final
consideration be given. If Council concurs with adoption at this time the resolution
on fees is included later in the agenda and should be adopted the same evening.
Should Council wish to give the ordinance second consideration only, the resolution
on fees should be deferred.
Ordinance No.
Page 3
with the outside fence located no less than six
feet (6') distant from the inside fence. Fencing
may be deleted at locations where the tempo-
rary outdoor service areas adjoin a building. An
emergency exit shall be required of all outdoor
service areas and shall comply with all building,
housing and fire codes.
SECTION VI. AMENDING SECTION 10-3-1.
g Section 10-3-1 as follows:
Repealing paragraph D from the definition
"RESTAURANT" and adding a new para-
h D to the definition of "RESTAURANT"
reads as follows: "Has a kitchen sepa-
rate ~m the bar equipped with all of the
a stove, a griddle, a grill or broiler,
and a refrigeration unit with a capacity in
excess wenty (20) cubic feet."
repealing paragraph G from
the of "RESTAURANT" and adding a
new G to the definition of "RESTAU-
RANT" as follows: "Includes a
care, cafeteria ;offee shop, delicatessen,
cream shop, ~room, or tearoom."
Furthermore epealing the deftnit of
"SIDEWALK adding a
of "SIDEWALK which read follows:
"An outdoor area cated on a
public sidewalk conti any side of a
building wherein a is located and
where food and bevel ~s are taken for con-
sumption by pers
tables in that are
a structure top of a
subject to approval
Works must provide
disabilities.
ting or standing at
ilk cafes located on
ublic sidewalk are
Director of Public
itable access for
structures shall
no1 more than eight .uu~\(8') in height,
/m~ .d from the lowest point, of the existing
sial : elevation to the top ~f the railing,
excluding amenities. Permitted sidewalk cafes
must abide by the requirements an~ limitations
as determined by City Council.~
SECTION VII. REPLACING SECTI~)N 10-3-
3(B)(3). Repealing Section 10-3-3(I~(3) and
adding a new Section 10-3-3(B)(3) to~ead as
follows: ~
(a) The area for a sidewalk cafe shall be
temporarily delineated by ropes or some other
suitable method which shall be clearly visible to
pedestrians. Tables, chairs and other items are
to be removed at the end of each day's opera-
tion, and the sidewalk care area shall be re-
Ordinance No.
Page 4
stored to its normal condition as a pedestrian
way. No materials shall be stored on the public
right of way.
(b) Sidewalk cafe owners may submit a
request to place anchored fencing in a public
sidewalk which is subject to approval by the
Director of Public Works. If stored outdoors,
tables, chairs, and other items shall be secured
within the anchored fencing at the end of each
operation so that they are unusable and
~hall not block or obstruct emergency exits.
"he owner shall be responsible for any damag-
to the sidewalk caused by the placement of
anchored fencing. A deposit shall be
uired prior to the placement of any anchored
fer :ing on a public sidewalk and shall be
when the sidewalk is restored to its
condition. The amount of the deposit
shall set by resolution of the City Council.
N VIII. REPEALING THE "SUNSET"
ON IN ORDINANCE 95-3676. Rep
ing the ~otnote provision in the codifie
sion of 95-3676 which pr~ for
epeal Nov. 1, 1997.
SECTION REPEALER. All and
parts of lances in confli~ the provi-
sions of this )rdinance are repealed.
SECTION X.
provision or
adjudged to be
adjudication sha
Ordinance as
or part ther,
tutional.
If any section,
Ordinance shall be
or unconstitutional, such
not affect the validity of the
~le or any section, provision
led invalid or unconsti-
SECTIC XI. EFFI~
nanctshall be in
ap~(oval and F J~
,/'Passed and approv,
,19__
TIVE DATE. This Ordi-
after its final passage,
~, as provided by law.
this day of
City Attorney's Office
legal\dm\sidewalk,ord
Prepared by: Dennis Mitchell, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319-356-5030
ORDINANCENO.
O AMENDING CITY CODE TITLE 4,
ITLED "ALCOHOLIC BEVERAGES," CHAP-
3, ENTITLED "OUTDOOR SERVICE AR-
EAS SEASONAL, FIVE DAY OR FOURTEEN
DAY ICENSES AND PERMITS," AND CHAP-
TER 1 "DEFINITIONS"; AND TITLE
10 ITLED "USE OF PUBLIC WAYS AND
CHAPTER 3, ENTITLED
MERCIAL ISE OF SIDEWALKS"
more~
Areas
walk Cafes.
NOW,
CITY COUNCIL
IOWA:
SECTION I.
Amending Secti
Re
tion of "RE:
the City desires to e
~es to open Outc Service
on private pro~ and Side-
BY THE
OF IOWA CITY,
NG SECTION 4-1-1.
-1 as follows:
Iraph D from the defini-
in Section 4-1-1 and
adding a paragrap D to the definition of
in n 4-1-1 which reads
as fol "D. Has a ;hen separate from
equipped with all the following: a
a griddle, a grill or and a food
~eration unit with a ca ;ity in excess of
twenty (20) cubic feet.
Furthermore adding a ~aragraph G to
the definition of "RESTAURANTS: "Includes a
cafe, cafeteria, coffee shop, delicatessen, ice
cream shop, lunchroom, or tearooT."
SECTION II. REPLACING SECTION 4~3~1 (B)(3).
Repealing Section 4-3-1(B)(3) andS,adding a
new Section 4-3-1 (B)(3) to read as fo~,ows:
Upon submitting an application ~or an
outdoor service area, the applicant shall p~vide
the name and address of the owner of ~ch
abutting property as well as every other prol~,r-
ty which is within one hundred feet (100') 6f~,
the applicant's premises. The applicant shall~
also post on the applicant's premises in an a~e~a ~
readily observable to the public a sign provided ,,.,
by the City regarding the applicant's intent to
Ordinance No.
Page 2
establish or renew an outdoor service area.
Such notice must be posted at least ten (10)
days prior to the date and time when the
application will appear on the agenda for ap-
proval by the City Council.
SECTION Ill. REPLACING SECTION 4-3-1 (C)(2).
Repealing Section 4-3-1(C)(2) and adding a
new Section z~-3-1(C)(2) to read as follows:
(a) Screening From Public View: Outdoor
service areas shall be screened on all sides
from public view. Screening shall consist of a
fence or other suitable barrier of not less than
five feet (5') in height nor more than eight feet
(8') in height. It shall be of solid construction
which will effectively prevent ingress or egress
from the premises except by way of an emerg-
ncy exit only and prevent the passing of
~verages over, under or through the fencing.
A~. emergency exit shall be required of all
out,or service areas and shall comply with all
buildih~g, housing and fire codes.
(b)~Outdoor service areas located in t/~e'
CB-10 z~ne (the central downtown busi/~r~ss
area) are ~xempt from screening requir/e~ents.
However, ~a permanent decorative//fence or
other suitab{e barrier at least th. r~/~_f~e~et,(..3.?
height but o more than ei t feet (8) in
~ft feet (8') in
height whichh~s detectable a person who is
visually imp,ai,r~d is requi Emergency exits
shall comply w, housing and fire
codes.
SECTION IV. REPI .'ING SECTION 4-3-1 (C)(3).
Repealing 4-3-1(C)(3) and adding a
new Section :)(3) to read as follows:
(a) Er Exits: Outdoor service
areas not be accessible except from the
licens. premises whib~h it adjoins. The re~
qu!r~ emergency exit s~l~all be an emergency
e~i't o ly.' ~ .
/ (b) 0 utd .o .or ser.v_ ~c.. _e, a~r_~.a.s_ I~)~vante~u~.n ~hs;
CB-10 zone (the central dov~t~ '
area) are exempt from the restri~ed entrances
and exits requirement. Emergenb~ exits shall
comply with all building, housin~,,and fire
codes.
SECTION V. REPLACING SECTION 4-3~(B).
Repealing Section 4-3-4(B) and adding a n'~
Section 4-3-4(B) to read as follows:
Fence Requirements.' Th.. _ _~_,_pe _e,~i,_rn_e_~e_.~,_o,!
temporary outdoor service areas shall be double
fenced with snow fencing or construction
fencing not less than three feet (3') in height,
Ordinance No.
Page 3
with the outside fence located no less than six
feet (6') distant from the inside fence. Fencing
may be deleted at locations where the tempo-
rary outdoor service areas adjoin a building. An
emergency exit shall be required of all outdoor
service areas and shall comply with all building,
housing and fire codes.
SECTION VI. AMENDING SECTION 10-3~1.
Amending Section 10-3-1 as follows:
Repealing paragraph D from the definition
of "RESTAURANT" and adding a new para-
graph D to the definition of "RESTAURANT"
which reads as follows: "Has a kitchen sepa-
rate from the bar equipped with all of the
following: a stove, a griddle, a grill or broiler,
and a food refrigeration unit with a capacity in
excess of twenty (20) cubic feet."
Furthermore repealing paragraph G from
definition of "RESTAURANT" and adding a
paragraph G to the definition of "RESTAU-
which reads as follows: "Includes a
cafe, feteria, coffee shop, delicatessen, ice
cream ~p, lunchroom, or tearoom."
more repealing the definition
"SIDEWAL ',AFE" and adding a new defin
of CAFE" which reads as
"An outdoor .~a
public sidewalk
building wherein
where food and
sumption by I
tables in that area.
located ternpot on a
~tiguous with side of a
restauran located and
taken for con-
or standing at
/alk cafes located on
a structure on R,ublic sidewalk are
subject to the a of the, Director of Public
Works and~ provide su~able access for
persons w½th disabilities. Such~,tructures shall
not be/~ore than ten feet (1~) in height.
Permitfed sidewalk cafes must a~ide by the
req/u~rements and limitations as det~[mined by
C',i~y Council
~J~CTION Vii. REPLACING SECTIONS, 10-3-
3(B)(3). Repealing Section 10-3-3(B)(~ and
adding a new Section 10-3-3(B)(3) to re~d as
follows: ~
(a) The area for a sidewalk cafe shall b~
temporarily delineated by ropes or some othek~
suitable method which shall be clearly visible to
pedestrians. Tables, chairs and other items are
to be removed at the end of each day's opera-
tion, and the sidewalk cafe area shall be re-
stored to its normal condition as a pedestrian
Ordinance No.
Page 4
?/
way. No materials shall be stored on the public
right of way.
(b) Sidewalk care owners may submit a
request to place anchored fencing in a public
sidewalk which is subject to approval by the
Director of Public Works. Tables, chairs, and
other items shall be secured within the an-
chored fencing at the end of each day's opera~
",,~ion so that they are unusable and shall not
I~ock or obstruct emergency exits. The owner
sh~11 be responsible for any damages to the
side'~alk caused by the placement of the
artchoPped fencing. A deposit shall be requi~
prior to~ ~e placement of any anchored fer
on a ic sidewalk and shall be
when the ,, lewalk is restored to its condi-
tion. The of the deposit be set by
resolution of City Council.
SECTION VIII.
PROVISION IN
ing the footnote
sion of Ordinance 95-
automatic repeal N
SECTION IX.
parts of ordina in
sicns of this
"SUNSET"
Repeal-
in the codified ver-
76 which provided for
1997.
All ordinances and
with the provi-
are eby repealed.
SECTION SEVERABILITY. any section,
provisio~ part of the ~ce shall be
ad to be invalid or ional, such
adju shall not affect the ty of the
Or as a whole or any section, rovision
~art thereof not adjudged invalid or ;onsti-
utional.
SECTION XI. EFFECTIVE DATE. This rdi-
nance shall be in effect after its final
approval and publication, as provided by
Passed and approved this
,19
MAYOR
ATTEST:
CITY CLERK
day of~,
7
Prepared by:
~nis Mitchell, Asst. City Attorney, 410 E. Washington St., iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING CITY CODE TITLE 4,
ENTITLED "ALCOHOLIC BEVERAGES," CHAP-
TER 3, ENTITLED "OUTDOOR SERVICE AR-
EAS; SEASONAL, FIVE DAY OR FOURTEEN
DAY LICENSES AND PERMITS," AND CHAP-
TER 1, ENTITLED "DEFINITIONS"; AND
O, ENTITLED "USE OF PUBLIC WAYS
IOPERTY," CHAPTER 3, ENTITLED )M-
USE OF SIDEWALl(S"
;REAS, the City desires encourage
more ~usinesses to open Service
Areas ~cated on private p and Side-
walk 3.
NOW -"REFORE, BE ORDAINED BY THE
CITY OF OF IOWA CITY,
IOWA:
SECTION I. AI
Amending Secti
Repea
tion of "RE'.
adding a
SECTION 4-1-1.
4-1-1 as follows:
~ragraph D from the defini-
in Section 4-1-1 and
D to the definition of
in ion 4-1-1 which reads
as fol "D. Has ~.itchen separate from
the/l~ equipped with ali~gf the following: a
st~ve a griddle, a grill or,roller, and a food
~'efrigeration unit with a cap~city in excess of
twenty (20) cubic feet. ~
Furthermore adding a p~ragraph G to
the definition of "RESTAURANT'~, "Includes a
cafe, cafeteria, coffee shop, delic~essen, ice
cream shop, lunchroom, or tearoom'~
SECTION II. REPLACING SECTION 4-3~1 (B)(3).
Repealing Section 4-3-1(B)(3) and a~ding a
new Section 4-3-1 (B)(3) to read as follows:
Upon submitting an application fo~ an
outdoor service area, the applicant shall pro,de
the name and address of the owner of each
abutting property as well as every other propel,~
ty which is within one hundred feet (100') of~
the applicant's premises. The applicant shall ~,..._.
also post on the applicant's premises in an area
readily observable to the public a sign provided
by the City regarding the applicant's intent to
Ordinance No.
Page 2
establish or renew an outdoor service area.
~uch notice must be posted at least ten {10)
lays prior to the date and time when the
pplication will appear on the agenda for
'oval by the City Council.
!CTION III. REPLACING SECTION 4-3-1
)ealing Section 4-3-1(C)(2) and a, a
ne Section 4-3-1(C)(2) to read as f(
(a) Screening From Public Vi~ Outdoor
~e areas shall be screened all sides
fron )ublicview. Screening sh of a
fence )r other suitable r not less than
five (5') in height nor rn( than eight feet
(8') in eight. It shall be construction
which ill effectively pre' ingress or egress
from th, )remises exce~ way of an emerg-
ency only and the passing of
beverage over, und through the fencing.
An emer(
outdoor
building, h
(b) Ou
CB-10 zon~
area) are
However
other su
height
hei(
comply
shall be required of all
and shall comply with all
and fire codes,
service areas located in the
central downtown business
lpt from screening requirements.
)ermanent decorative fence or
3arrier at least three feet (3') in
more than eight feet (8') in
ietectable by a person who is
Es required. Emergency exits
all building, housing and fire
IV. REPL SECTION 4-3-1 (C)(3).
Repealing Section (C)(3) and adding a
new Section 4-3-1 I(3) to read as follows:
(a) Entrances 'Exits: Outdoor service
areas shall not be ac~ except from the
licensed premises h it adjoins. The re-
quired emergency exit hall be an emergency
exit only.
(b) Outdoor service ~reas located in the
CB-10 zone (the central
area) are exempt from the
and exits requirement.
comply with all building,
codes.
SECTION V. REPLACING
Repealing Section 4-3-4(B)
Section 4-3-4(B) to read as
Fence Requirements:
business
entrances
gency exits shall
lusing and fire
'ION 4-3-4(B).
dding a new
The rimeter of
temporary outdoor service areas )e double
fenced with snow fencing or ~s~ruction
fencing not less than three feet (3') in ~,ght,
Ordinance No.
Page 3
with the outside fence located no less than six
feet (6') distant from the inside fence. Fencing
may be deleted at locations where the tempo-
rary outdoor service areas adjoin a building. An
emergency exit shall be required of all outdoor
service areas and shall comply with all building,
housing and fire codes.
SECTION VI. AMENDING SECTION 10-3-1.
Amending Section 10-3-1 as follows:
Repealing paragraph D from the definition
of "RESTAURANT" and adding a new para-
graph D to the definition of "RESTAURANT"
which reads as follows: "Has a kitchen sepa-
rate from the bar equipped with all of
a stove, a griddle, a grill or br¢
lda food refrigeration unit with a caps in
ess of twenty (20) cubic feet."
:urthermore repealing paragraF G from
the :inition of "RESTAURANT" adding a
new ~graph G to the definitior "RESTAU-
RANT" ~ich reads as a
cafe, eria, coffee shop ice
cream sho lunchroom, o~
ore repeali the definition of
"SIDEWALK a new definition
of ~vhich reads as follows:
"An outdoor a cared temporarily on a
public sidewalk ¢ uous with any side of a
building wherei 'estaurant is located and
where food a~ ages are taken for con-
sumption b' litting or standing at
tables in area. cafes located on
a struct~ on top of sidewalk are
sub the approval of Director of Public
and must provide table access for
per.so with disabilities. ~itted sidewalk
c/a~(es must abide by the rec~ti,rements and
/limitations as determined by Ci':y ~ouncil.
JSECTION VII. REPLACING ,cEC'I q 10-3-
~3(B)(3). Repealing Section 1()-3-; ~(3) and
/'adding a new Section 10-3-3(B)(3) as
--follows:
///,~ (a) The area for a sidewalk cafe be
temporarily delineated by ropes or some
suitable method which shall be clearly visible
pedestrians. Tables, chairs and other items are
jj to be removed at the end of each day's opera-
tion, and the sidewalk care area shall be re-
stored to its normal condition as a pedestrian
,' way. No materials shall be stored on the public
i
/ right of way.
Ordinance No,
Page 4
(b) Sidewalk cafe owners may submit a
request for seasonal fencing which is subject to
approval by the Director of Public Works.
Tables, chairs, and other items shall be secured
within the fencing at the end of each day's
operation so that they are unusable and shall
not block or obstruct emergency exits. The //
owner shall be responsible for any damages to //
the sidewalk caused by the placement of the
fencing. A deposit shall be required prior to the//
placement of any seasonal fencing on a public/'
sidewalk and shall be returned when the sid/e~-
walk is returned to its prior condition. /The
amount of the deposit shall be set by reso/lbtion
of the City Council.
CTION VIII. REPEALING THE ';,SUNSET"
VISION IN ORDINANCE 95-36/7'6. Repeal-
in,the footnote provision in ~-odified ver-
sior~ of Ordinance 95-3676 provided for
atic repeal Nov. 1, 1
N IX. REPEALER All ordinances and
parts in with the provi-
sions of is Ordinanl hereby repealed.
SECTION
provision
adjudged to
adjudication
Ordinance
or part
If any section,
the Ordinance shall be
/alid or unconstitutional, such
II not affect the validity of the
hole or any section, provision
)djudged invalid or unconsti-
SEC' XI. :TIVE DATE. This Ordi-
na shall be in after its final passage,
and ~, as provided by law.
Passed and approw this day of
,19
MAYOR
ATTEST:
CITY CLERK
City Attorney's Office
Prepared by: Dennis Mitchell, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319-356-5030
ORDINANCE NO. 97-3765
ORDINANCE AMENDING THE CITY CODE TO
REPLACE ALL REFERENCES TO "TRAFFIC
ENGINEER" WITH "CITY MANAGER OR DESIG-
NEE"
WHEREAS, the position of traffic engineer
within the City has been eliminated; and
WHEREAS, the former duties of the traffic
engineer are now shared by several different
departments; and
WHEREAS, the City desires to amend the
City Code to reflect this restructuring.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDING SECTIONS 5-2-9A, 5-
2-9C, 9-1-3A, 9-1-3A(1), 9-1-3A(11), 9-1-
3A(1 7), 9-1-3B, 9-1-4A, 9-1-4B, 9-3-6A(3), 9-
3-6C, 9-3-8, 9-3-9A, 9-4-2B(3), 9-4-2B(4), 9-4-
4D, 9-4-4E, 9-9-4F, 9-4-5C, 9-4-6B(1 ), 9-4-7A,
9-4-7B, 9-4-8A, 9-4-10D(1), 9-4-10D(2)(b), 9-
4-10E, 9-4-11A, 9-5-1, 9-5-2C, 9-5-4A(2), 9-
7-4B(1), 9-8-1E(1), 9-8-4B, !4-2B-4, 14-SG-
4A, AND 14~SG-8A. Amending Sections 5-2-
9A, 5-2-9C, 9-1-3A, 9-1-3A(1), 9-1-3A(11), 9-
1-3A(17), 9-1-3B, 9-1-4A, 9-1-4B, 9-3-6A(3),
9-3-6C, 9-3-8, 9-3-9A, 9-4-2B(3), 9-4-2B(Z~), 9-
4-4D, 9-4-4E, 9-9-4F, 9-4-5C, 9-4-6B(1), 9-4-
7A, 9-4-7B, 9-4-8A, 9-4-10D(1), 9-4-10D(2)(-
b), 9-4-10E, 9-4-11A, 9-5-1, 9-5-2C, 9-5-
4A(2), 9-7-4B(1), 9-8-1E(1), 9-8-4B, 14-2B-4,
14-SG-4A, and 14-5G-8A by repealing the
words "Traffic Engineer" in each section and
replacing them with "City Manager or designe-
SECTION II. AMENDING SECTION 9-1-1.
Amending Section 9-1-1 by repealing the
definition of "TRAFFIC ENGINEER."
SECTION Ill. REPEALER. All ordinances and
parts of ordinances in Conflict with the provi-
sions 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
Ordinance No.
Page 2
97-3765
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 V. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this 14th day of
January ,19 97
MAYOR
City Attorney's Office
Ordinance No. 97-3765
Page 3
It was moved by Vanderhoef and seconded by
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Baker
X Kubby
X Lehman
X Norton
x Novick
X Thornberry
X Vanderhoef
Lehman that the
First Consideration 12/17/96
Votefor passage: AYES: Lehman, Norton, Novick, Thornberry, Vanderhoe~
Baker, Kubby. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
1/22/97
Moved by Vanderhoef, seconded by Lehman, that the rule requiring
ordinances to be considered and voted on for passage at two council
meetings prior to the meeting at which it is to be finally passed be
suspended, the second consideration be waived and the ordinance be
voted upon for final passage at this time. AYES: Norton Novick,Tho~nb~rr'.
' Vander~oe~
Baker, Kubby, Lehmao. NAYS: None. ABSENT: None.
Prepared by: Don Yucuis, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5052
ORDINANCE NO. 97-3766
ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES,"
CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND
PENALTIES" OF THE CITY CODE, TO INCREASE WATER SERVICE CHARGES AND
FEES IN IOWA CITY, IOWA.
WHEREAS, pursuant to Chapter 384, Code of Iowa (1993), the City of Iowa City is authorized to
establish and provide for the collection of rates to pay for the City's utility systems, including the City's
water supply and.treatment system; and
WHEREAS, water rates, which were last increased in 1996, are proposed to be increased to generate
adequate revenues to pay the costs of operation, maintenance, necessary expansion and debt service
for the City's potable water supply and treatment system; and
WHEREAS, the City of Iowa City is required to comply with federal safe drinking water standards, and
is planning to construct a new water supply and treatment facility and distribution system; and
WHEREAS, water rates for fees and charges will fund this major project over time; and
WHEREAS, the Iowa City City Council proposes to increase water user fees by 20% for billings on or
after March 1, 1997 to finance the necessary improvements.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. AMENDMENT. Title 3, Chapter 4, Section 3, entitled "Potable Water Use and Service,"
of the City Code is hereby amended by:
a. Repealing the subsection entitled "Meter Charge" in Section 3-4-3 and adding a new section
entitled "Meter Charge" to read as follows:
Meter Charge (Nonrefundable)(14-3A-4)
Meter Size
(Inches) Fee
Meter
% to % ~70.00
% 100.00
I 134.00
1% 286.00
2 392.00
4 1434.00
6 2782.00
Ordinance No. 97-3766
Page 2
Repealing the subsection entitled "Water Service Charges" in Section 3-4-3 and adding
a new section entitled "Water Services Charges" to read as follows:
Water Service Charges (14-3A-4)
Minimum monthly user charges
for water service for the first 200
cubic feet or less of water used,
based on meter size
Amount of Fee, Charge,
Bond, Fine or Penalty
Meter Size March 1, 1997
(Inches) Char.qe
% 810.25
% 11.22
1 13.25
1 Y2 26.41
2 35.50
3 65.58
4 114.43
6 230.29
The minimum charges for larger meters will be based on comparative costs to a 6" meter. The
minimum monthly charge for an account holder who furnishes and maintains the meter at the account
holder's cost will be based on the minimum for a %" meter, regardless of the size.
There will be no minimum monthly charge for a single-purpose water meter from November to March
for those months during which no water is used.
Monthly user charges for water in
excess of 200 cu. ft. per month for
dual purpose water meters
Single-purpose meter charges for water
in excess of 200 cu. ft. per month
Returned check/automatic bank debit for
payment of water services
Discount for combined accounts enrolled
in sure pay, per billing
Monthly
Usage March 1, 1997
(Cu, Ft,) Char.qe
201 to 82.40/100 cu. ft.
3,000
cu.ft.
Over 1.72/100 cu. ft.
3,000
cu.ft.
Over 200 82.40/100 cu. ft.
Char. qe
810.00
1.00
Repealing in its entirety subsection entitled "Delinquent Water Service Account Fee"
(14-3A-7) in Section 3-4-3.
Repealing subsection entitled "Deposit Fee for Combined City Water and/or Sanitary
Sewer and/or Solid Waste Collection Accounts" in Section 3-4-3, and adding a new
subsection entitled "Deposit Fee for Combined City Water and/or Sanitary Sewer and/or
Solid Waste Collection Accounts" to read as follows:
Ordinance No.
Page 3
97-3766
Deposit Fee for Combined City Water and/or Sanitary
Sewer and/or Solid Waste Collection Accounts (14-3A-5)
Residential owner account, per combined residen-
tial service for City water and/or sanitary sewer
and/or solid waste collection service
Residential tenant account, per combined residen-
tial service for City water and/or sanitary sewer
and/or solid waste collection service
Commercial account
$0
880.00
An amount equal to an average
two-month billing for commer-
cial service for City water
and/or sanitary sewer service
Rel~ealing in its entirety, subsection entitled "Deposit Fee for Solid Waste Collection
Only Accounts" (14-3A-5).
Repealing the subsection entitled "Fees and Charges for Various Consumer Services"
in Section 3-4-3, and adding a new subsection entitled "Fees and Charges for Various
Consumer Services" to read as follows:
Fees and Charges for Various Consumer Services
(Various sections in Title 14, Chapter 3, Article C)
Extension of Major Feeder Lines (Oversizing)
Cost is $354.00/acre
Installation and Connection Fees
Size(Inches) Cost(Per Linear Foot)
6 $18.00
8 20.00
10 24.00
12 29.70
16 39.40
Reconnection of discontinued
service
Posting fee for shutting off water
in collection procedure
Check leaky water meters
Frozen water meters
Service Fees
Fee During Normal
Worldng Hours
$20.00
$20.00
No charge
$20.00, plus cost of
meter repair
Fee After Normal
Working Hours
$40.00
Not done after normal
working hours
No charge
$40.00, plus cost of
meter repair
Ordinance No. 97-3766
Page 4
Shut-off of water service at curb
and check for exterior leaks
Fee During Normal
Working Hours
No charge
Fee After Normal
Working Hours
840.00, plus hourly rate
for time over 2 hours
Broken hydrant
Location of water main for other
utilities
Repair cost
No charge
840.00, plus repair
No charge
Location of City owned water main
for private enterprise
Check water meter accuracy at
oonsumer's request
Annual fire hydrant fee for inspec-
tion and operation of fire hydrants
which are privately owned or
owned by other governmental
agencies
No charge
835.00
If meter is found to be
recording accurately
850.00
840.00, plus hourly rate
for time over 2 hours
Not done after normal
working hours
Not done after normal
working hours
If service is requested outside normal working hours, a 830.00 after-hour fee shall be charged in
addition to the normal working hour fee. In addition, when service time after hours exceeds 2 hours,
an additional charge will be added to cover equipment expense and actual employee wages, including
overtime. The Water Service Division's normal working hours are 8:00 A.M. to 4:30 P.M. daily.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION Ill. 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, to be collected as set forth in § 14-3A-4, City Code.
Passed and approved this 14th day of ,January ,1997'.
MAYO
· C~TY CLERK
Approved by
City Attorney's Office
Date
finadm\increas4-oord
Ordinance No. 97-3766
Page 5
It was moved by Kubby and seconded by
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Baker
X Kubby
X Lehman
X Norton
X Novick
X Thornberry
X Vanderhoef
Norton
that the
Fimt Considemtion 12/3/96
Voter or passage:AYES: Baker, Kubby, Lehman, Norton,
Thornberry, Vanderhoef. NAYS: None. ABSENT: None.
Novick,
Second Consideration 12/17/96
Vote forpassage: AYES: Baker, Kubby, Lehman, Norton, Novick,
Thornberry, Vanderhoef. NAYS: NOne. ABSENT: None.
Date published 1/22/97
Prepared by: Don Yucuis, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5052
ORDINANCE NO.
ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES,"
CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND
PENALTIES" OF THE CITY CODE, TO INCREASE WATER SERVICE CHARGES AND
FEES IN IOWA CITY, IOWA.
WHEREAS, pursuant to Chapter 384, Code of Iowa (1993), the City of Iowa City is authorized to
establish and provide for the collection of rates to pay for the City's utility systems, including the City's
water supply and 'treatment system; and
WHEREAS, water rates, which were last increased in 1996, are proposed to be increased to generate
adequate revenues to pay the costs of operation, maintenance, necessary expansion and debt service
for the City's potable water supply and treatment system; and
WHEREAS, the City of Iowa City is required to comply with federal safe drinking water standards, and
is planning to construct a new water supply and treatment facility and distribution system; and
WHEREAS, water rates for fees and charges will fund this major project over time; and
WHEREAS, the Iowa City City Council proposes to increase water user fees by 20% for billings on or
after March 1, 1997 to finance the necessary improvements.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. AMENDMENT. Title 3, Chapter 4, Section 3, entitled "Potable Water Use and Service,"
of the City Code is hereby amended by:
a. Repealing the subsection entitled "Meter Charge" in Section 3-4-3 and adding a new section
entitled "Meter Charge" to read as follows:
Meter Charge (Nonrefundable) (14-3A-4)
Meter--Not c Motcr Intorface Unit (~
Meter Size
(inches) Fee
% to % $70.00
% 100.00
I 134.00
1 Y2 286.00
2 392.00
4 1434.00
6 2782.00
--Meter Chargc (Ne~rcfundablc)(l d 3A d)
: Me~ er--~R~-f,a ee-U+~i~-(-Ml~ )
Metcr Sizc
(Inche~) Fee
% to % 8180,00
% 210.00
1 244.00
1 Yz 396~eo
2 502.00
Prepared by: Don Yucuis; Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356~,~r 2
/
ORDINANCE NO. /
ORDINANCE A,,~ENDING~ TITLE 3, "CITY FINANCES, TAXATION AND F~,E'/S,"
CHAPTER 4, 'SCHEDULE. OF FEES, RATES, CHARGES, BONDS, FINES/ AND
PENALTIES" OF THE CITY~DE, TO INCREASE WATER SERVICE CHARG, L~S AND
FEES IN IOWA CITY, IOWA. \ /
WHEREAS, pursuant to Chapter 384, C~,~e of Iowa (1993), the City of Iow~/~ity is authorized to
establish and provide for the collection of ra~e~s to pay for the City's utility syst~ns, including the City's
water supply and treatment system; and ~, //
\ /
WHEREAS, water rates, which were last increas~e,cl in 1 gg6, are propose~l to be increased to generate
adequate revenues to pay the costs of operation, ~J~aintenanoe, necess/a~y expansion and debt service
for the City's potable water supply and treatment s~,tem; and
E /
WH PEAS, the City of Iowa City is required to comply ~vith redetel safe drinking water standards, and
is planning to construct a new water supply and treatm~g.t fac,,i,l'[ty and distribution system; and
\/
WHEREAS, water rates for fees and charges will fund this?r~ajor project over time; and
WHEREAS, the Iowa C~ty City Council proposes to incre~,~se wa~er user fees by 20% for billings on or
after March 1, 1997 to finance the necessary ~mprove(nents.
NOW, THEREFORE, BE IT ORDAINED BY THE CI OUNCIL OF '~E CITY OF IOWA CITY, IOWA:
SECTION I. AMENDMENT. Title 3, Chapter 4.¢/S~ection 3, entitled "Po~t,a, ble Water Use and Service,"
of the City Code is hereby amended by: /
Repealing the subsection entitled "Meter Charge"
entitled Meter Charge to read as,, Tollows:
!
Meter Charge (Nonrefundable~,(14-3A-4)
Meter ~ Not a Meter Interfai:e Unit (MIU)
Meter Cha~ge (Nonrefundable) (14-3A-4)
Meter Interface Unit (MIU)
in Section 3-4-3 ~,nd adding a new section
Meter Size ~
(Inches) '- Fee
% to % 870.00
% ~'~.100.00
1 1~34.00
1 ¥~ 2~6.00
2 39'~.00
4 1434~.~00
6 2782.~,.0
Meter Size
(inches) Fee
%to % ~180.00
% 210.00
1 244.00
1 1/~ 396.00
2 502.00
ORDINANCE NO. 97-3767
ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, "SCHEDULE
OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO INCREASE
WASTEWATER SERVICE CHARGES AND FEES IN IOWA CITY, IOWA.
WHEREAS, pursuant to Chapter 384', Code of Iowa (1993), the City of Iowa City is authorized to
establish and provide for the collection of rates to pay for the City's utility systems, including the City's
wastewater treatment facility system; and
WHEREAS, wastewater rates, which were last increased in 1996, are proposed to be increased to
generate adequate revenues to pay the costs of operation, maintenance, necessary expansion and debt
service for the City's wastewater treatment facilities; and
WHEREAS, the City of Iowa City is required to comply with federal wastewater treatment standards,
and is planning to make improvements to double the treatment capacity of the existing South
Wastewater Treatment Plant, and to construct a wastewater interceptor line to connect the two
wastewater treatment plants; and
WHEREAS, wastewater rates for fees and charges will fund these projects over time; and
WHEREAS, the Iowa City City Council proposes to increase wastewater user fees by 10% for billings
on or after March 1, 1997 to finance the necessary improvements.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. AMENDMENT. Title 3, Chapter 4, Section 4, entitled "Wastewater Treatment Works User
Charges," of the City Code should be and is hereby amended by repealing Section 3-4-4 and enacting
in lieu thereof a new section 3-4-4 entitled "Wastewater Treatment Works User Charges" to read as
follows:
Ordinance No. 97-3767
Page 2
3-4-4:
Sanitary Sewer Service Charges;
Description of Fee, Charge, Bond,
Fine or Penalty
Minimum Monthly Charge (includes the First
200 Cu. Ft. of Water Used)
Monthly Charge for Each Additional 100 Cu. Ft.
of Water Used
Monthly Surcharge
BOD (per pound)
SS (per pound)
Monthly Minimalre, Unmetered User
Manufactured Housing Park, Monthly Minimum
Per Lot
Holding Tank Waste
Holding Tank Waste Hauler - Annual Permit
Deposit Fee for Combined City Water and/or Sani-
tary Sewer and/or Solid Waste Collection Accounts
Residential owner account, per combined
residential service for City water and/or
sanitary sewer and/or solid waste collection
service
Residential tenant account, per combined
residential service for City water and/or
sanitary sewer and/or solid waste collection
service
Delinquency Deposit Fee for Combined City Water
and/or Sanitary Sewer and/or Solid Waste Collection
Accounts
WASTEWATER TREATMENT WORKS USER CHARGES:
Amount of Fee,
Charge, Bond,
Fine or Penalty
$ 10.76
2.63
.24
.18
24.26
24.26
$.03 per gallon
$800 per year
$0
$80.00
An amount
equal to an
average two-
month billing
for the delin-
quent account
City Code
Chapter, Article or
Section Reference
14-3A-4
14-3A-4
14-3A-4
14-3A-4
1 4-3A-4
14-3A-4
14-3A-4
14-3A-4
14-3A-7
14-3A-5
Ordinance No. 97-3767
Page 3
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION Ill. 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, to be collected as set forth in § 14-3A-4, City Code.
Passed and approved this 14th day of ,lanuar',v ,199.?..
ATTEST: CI:I'Y~LERK
Approved by
City Attorney's Office
Date
finadm\increas2,ord
Ordinance No. 97-3767
Page 4
It was moved by Kubby and seconded by
Ordinance as mad be adopted, and upon roll call them were:
AYES: NAYS: ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thomberry
Vanderhoef
N~r~.nn
that the
First Consideration 121.3/96
Vote for passage: AYES: Kubby, Lehman, Norton,
Vanderhoef, Baker. NAYS: None. ABSENT: None.
Novick, Thornberry,
Second Consideration 12/17/96
Vote for passage:AYES: Kubb.v,
¥anderhoef, Baker. NAYS: None.
Date published 1/22/97
Lehman,
ABSENT:
Norton, Novick, Thornberry,
None.
Prepared by: Donald J. Yucuis, Finance Director, 410 E. Washington St., Iowa City, IA 52240 319-356-5052
ORDINANCE NO. 97-3768
ORDINANCE AMENDING TITLE 3, "CITY FI-
NANCES, TAXATION AND FEES," CHAPTER 4,
"SCHEDULE OF FEES, RATES, CHARGES,
BONDS, FINES AND PENALTIES" OF THE CITY
CODE, TO CHANGE AND CLARIFY CERTAIN
SOLID WASTE DISPOSAL CHARGES AND
FEES IN IOWA CITY, IOWA.
WHEREAS, pursuant to Chapter 384, Code
of Iowa (1 995), the City of Iowa City is autho-
rized to establish and provide for the collection
of rates to pay for the City's utility systems,
including the City's solid waste disposal; and
WHEREAS, solid waste disposal fees and
charges need to be corrected.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTIONI. AMENDMENT. Title 3, Chapter 4,
Section 5, entitled "Solid Waste Disposal," of
the City Code should be and is hereby amended
by repealing Section 3-4-5 and enacting in lieu
thereof a new section 3-4-5 entitled "Solid
Waste Disposal" to read as follows:
Description of Fee, Charge,
Bond, Fine, or Penalty
So//d Waste Permit Fees,
City Code Section 14~3H-
7C1
Annual permit, per year
Special permit, per year
Yard Waste Collection
Fees, City Code Section
14-3H-8C2
Per bag sold, includes state
sales tax
Annual stamp, per
container
Charge
$100.00
$800.00
1.00
$20.00
· 'Ordihance No. 97-3768
Page 2
Untreated wood waste
(began July 31, 1995)
Collection of Large Items
Fees, City Code Section
14-3H-9B 1, 2
Appliance collection, per
item collected
Bulky solid waste
(began July 31, 1995)
Tire collection
Residential Solid Waste
Collection Fees, City Code
Section 14-3A-4,
14-3H-9H
Per dwelling unit, and two
rooming units, per month
Solid waste
9 0.00
91 8.O0
91 O.O0/stop
and one
item.
$ 5.O0/additi
onal items.
93.00 per
tire; 96.00
tire and rim
$11.55
$8.75 mini-
mum, in-
cludes 2
containers
per week.
Additional
containers
91,00/
container.
Curbs/de recycling, per $2.80
unit, City Code Section
14-3H-9H
Deposit Fee Combined for
City Water and/or Sanitary
Sewer and/or Solid Waste
Collection Accounts,
Sect/on 14-3A-5
Residential owner account, 90.00
per combined residential
service for City water
and/or sanitary sewer
and/or solid waste
collection service
Ordinance No. 97-376R
Page 3
Residential tenant account,
per combined residential
service for City water
and/or sanitary sewer
and/or solid waste
collection service
Delinquency Deposit for
Combined Water and/or
Sanitary Sewer and/or
Solid Waste Collection
Service, City Code Section
14-3A-6
Special Wastes Disposal
Fees, City Code Section
14-3H- 10B
Disposal of special
wastes
Minimum fee
Disposal of Large Items
Fees (See Also Collection
of Large Items Fees
Above), Section
14~3H- 10D 1
Appliance disposal fees:
Commercial per item
disposed
Residential per item
disposed
Tire disposal fee, City Code
Section 14-3H-10D2
Per pound
Subject to minimum fee
Untreated lumber
Landfill Use Fees, City
Code Section 14-3H-10G
Solid waste from Iowa City
premises subject to a prop-
erty tax and City-owned
property
$80.00
An amount
equal to an
average 2
month billing
for the delin-
quent ac-
count
2 times the
landfill use
fees in this
section
2 times the
landfill use
fee for one
ton
$ 1.00/cu.
ft.
$12.50
(at landfill
scale house)
$0.07
93.00
830.00/ton
Ordinance No. 97-3768
Page 4
Total landfill fee per ton
(includes State fee per
ton)
All other solid waste
Total landfill fee per ton
(includes State fee per
ton)
Minimum fee in lieu of
tonnage fees (160 lbs. or
less)
~48.50
~53.50
Solid waste from Iowa City
premises subject to a prop-
erty tax and City owned
property
All other solid waste
$4.00
$4.25
SECTION II. REPEALER. All ordinances and
parts of ordinances in conflict with the provi-
sions 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 unconsti-
tutional.
SECTION IV. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage,
approval and publication, to be collected as set
forth in § 14-3A-4, City Code.
Passed and approved this t4th day of
January ,19 97 ·
CITY CLERK
Appr, pved by ~'h /
City Attorney s Office
Date
finadm\increasS.ord
Ordinance No. 97-3768
Page 5
It was moved by K,,h~ and seconded by
Ordinance as mad be adopted, and upon roll call them were:
AYES: NAYS: ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
Norton that the
First Consideration 12/3/96
Vote f or passage:AYES: Lehman, Norton, Novick, Thornberry,
Vanderhoef, Baker, Kubby. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Baker, Kubby. NAYS:
Date published
12/17/96
AYES: Lehman,
None. ABSENT:
1/22/97
Norton, Novick, Thornberry,
None.
Vanderhoef
Ordinance No. 97-3768
Page 2
Untreated wood waste
(began July 31, 1995)
Collection of Large Items
Fees, City Code Section
14-3H-9B 1, 2
Appliance collection, per
item collected
Bulky solid waste
(began July 31, 1995)
collection
~tial Solid
Fees,
Section
14-3H-9H
Code
Per dwelling and two
rooming ul
Curbs/de recycling, per
unit, City Code Section
14-3H-9H
Deposit Fee Combined for
City Water and/or Sanitary
Sewer and/or Solid Waste
Collection Accounts,
Section 14-3A-5
Residential owner account,
per combined residential
service for City water
and/or sanitary sewer
and/or solid waste
collection service
$ 0.00
2.00
$1
and
ite
.00/add/t/
.hal items.
$3.00 per
tire; 86.00
tire and rim
$11.55
88.75 mini-
mum, in-
cludes 2
containers
~er week.
,dditional
~tainers
)/
ler.
$2.80
80.00
Prepared by: Donald J. Yucuis, Dir. of Finance, 410
E. Washington St., Iowa City, IA 52240 356-5052
ORDINANCE NO. 97-3769
ORDINANCE AMENDING TITLE 14, CHAPTER
3 ENTITLED "CITY UTILITIES" OF THE CITY
CODE BY AMENDING ARTICLE A, "GENERAL
PROVISIONS" BY CHANGING CERTAIN SEC-
TIONS CONCERNING UTILITY ACCOUNT
DEPOSITS AND DELINQUENCY TIME FRAMES.
WHEREAS, the City would like to reduce the
length of time that deposits are held from
eighteen (18) months to fifteen (15) months;
and
WHEREAS, the City would like to change the
length of time when a utility account is consid-
ered delinquent from thirty (30) to twenty-two
(22) calendar days.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT. Title 14, Chapter 3,
entitled "CITY UTILITIES," Article A, "General
Provisions," of the City Code is hereby amend-
ed by:
a. Repealing Subsection B, of Section 14-3A-
5, "ESTABLISHING CITY UTILITY
ACCOUNTS; DEPOSITS REQUIRED," and
adding a new Subsection B to read as
follows:
B. Required deposits shall be held either
until fifteen (15) calendar months
after the account is established or
until service is terminated and the
account closed, whichever occurs
first. At such time, the amount of the
deposit shall be credited to the ac-
count or refunded to the account
holder if the account is closed.
b. Repealing Subsection A1, entitled "No-
tice," of Section 14-3A-7, "DISCONTINU-
ANCE AND RESTORATION OF SERVICE,"
and adding a new Subsection A1 to read
as follows:
A. Notice:
1. In the event an account holder
fails to pay the full amount of the
billing for City utility services within
Ordinance No. 97-3769
Page 2
twenty-two (22) calendar days after
the billing date, service may be dis-
continued but only after giving the
account holder written notice and an
opportunity for a hearing before the
Director of Finance or designee(s).
The written notice shall be mailed by
first class mail to the affected
account holder not less than twenty-
four (24) calendar days ("cure peri-
od") in advance of discontinuance,
and shall state: a) the reason for
discontinuance of service; b) the
specific account(s) and service loca-
tion(s) for which payment is
delinquent; and c) the amount(s)
delinquent, including fees and penal-
ties.
SECTION II. REPEALER. All ordinances and
parts of ordinances in conflict with the provi-
sions of this Ordinance are hereby repealed.
SECTION Ill. 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 IV. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this 14th day of
January ,19 97 ·
A¥O, ( [' ,.,
ATTEST:-]'//(~:~,~,~<~h /1/. ~
CITY-CLERK
Approved by
City Attorney s Office
//-..~ ?- y~'
Date
finadm\deposits.ord
Ordinance No. 97-3769
Page 3
It was moved by Kubby and seconded by Nor`ton
Ordinance as read be adopted, and upon roll call there were:
that the
AYES: NAYS: ABSENT:
X Baker
X Kubby
X Lehman
X Norton
X Novick
X Thornberry
X Vanderhoef
First Consideration 12/3/96
Vote f or passage:AYES: Nor`ton, Novick, Thor'nber'r`~v, Vander`hoer, Baker',
Kubb~v, Lehman. NAYS: None. ABSENT: None.
Second Consideration ].2/17/96
Vote f or passage: AYES: Nor'ton, Novick, Thor'nber`r'.y, Vander'hoer, Baker',
Kubb~v, Lehman.
Date published ]./22/97