Loading...
HomeMy WebLinkAbout1997-07-29 OrdinanceCity of Iowa City MEMORANDUM Date: July 24, 1997 To: From: Be: City Council David Schoon, Economic Development Coor. dinal~--'-'" Eleanor Dilkes, Acting City Attorney~f~ J ~ Projecting Signs and Design Review It has been brought to our attention a conflict may exist between the proposed projecting sign ordinance amendment and the Design Review Ordinance, which applies to urban renewal projects and urban revitalization projects. The Design Review Ordinance states that the Design Review Committee must review any project requiring design review and must make a recommendation to the City Council. The City Council actually approves the design (see Attachment 1). In order to expedite the design review process for projecting signs, the projecting sign ordinance amendment states: A business wishing to install a projecting sign...must obtain Design Review Committee approval according to procedures and guidelines established by the Design Review Committee prior to obtaining a sign permit. Given that the Design Review Committee would actually approve the design, the procedure would closely resemble the procedures outlined in the Design Review Overlay Zone Ordinance, Section 14-6J-SD of City Code (see Attachment 2). Under these procedures the Committee approves or disapproves the design and the applicant may appeal the Committee's decision to the City Council. The conflict occurs when an urban renewal project contains a projecting sign. Which of the two ordinances is followed? The Design Review Ordinance or the Design Review Overlay Zone Ordinance? In order to clarify this situation and to limit the number of design review procedures, staff would recommend that the Council amend the projecting sign ordinance amendment to read as attached. This amendment specifically states which process is used for various circumstances involving projecting signs. f:\drc\other\project,sgn ATTACt~IENT 1 DESIGN REVIEW ORDINANCE (ARTICLE 14-4E) Checklist for the Design Review Process Pre-Application Applicant contacts Design Review Committee staff person to review application process and requirements. Preliminary Review (Optional) Applicant may request preliminary review of a project by the Design Review Committee to discuss basic intentions and plans before investing time Jn detailed designs. Submitting Application Applicant submits application to Building Official. Prior to the building official issuing a building permit or sign permit, required projects must go through the design review process. Building Official forwards application to Design Review Committee staff person. Committee Review of Application Applicant should attend Design Review Committee meeting at which the Committee considers the applicant's application for design review. The Committee shall recommend to the City Council either approval, approval with conditions or disapproval of the application. The Committee must make a recommendation within thirty (30) days of submission of the application materials by the applicant. Council's Review of Application Applicant should attend meeting at which the City Council considers the applicant's application for design review. The City Council shall either approve or disapprove the application. If Council approves the application, applicant can then apply for a building or sign permit. Revisions to Approved Design Plans Applicant submits a building permit application or sign permit application that deviates from the approved design plans. If the building permit or sign permit application deviates from the approved design plans, the Department of Housing and Inspection Services shall inform the Design Review Committee staff person who shall then determine if the proposed changes are substantive. Substantive changes to approved design plans require submittal of those changes to the Design Review Committee and the above steps followed. ATTACHMENT 2 DESIGNREVIEW OVERLAY ZONE ORDINANCE (SECTION 14-6J-SD) PROJECTING SIGNS CHECKLIST FOR THE DESIGN REVIEWPROCESS Pre-Application Applicant contacts design review committee staff person io review application process and requirements. Preliminary Review (Optional) Applicant may request preliminary review of a project by the Design Review Committee to discuss basic intentions and plans before investing time in detailed designs. Submitting Application Applicant submits application to Building Official. Proposed designs that involve exterior changes which do not impact existing or desired prevalent architectural features shall receive approval administratively by the design review committee staff. Proposed designs that'involve extedor changes which do impact existing or desired prevalent architectural features shall be forwarded to the Design Review Committee for consideration at its next scheduled meeting. Applications submitted at least four (4) working .days before the next regularly scheduled Design Review Committee meeting with' be considered at that meeting. Committee Review of Application Applicant should attend Design Review Committee meeting at which the Committee considers the applicant's application for design review. The Committee shall approve, approve with modifications, or disapprove the application at the scheduled meeting or within four (4) working days following the meeting at which an application for design review is scheduled to be considered. Applicant shall receive, by mail, the Committee's written decision. Appeal of Committee's Decision : Any applicant may appeal any decision of the Committee regarding an application for design review to the City Council. Such an appeal must be in writing and must be filed with the City Clerk no later than ten (10) working days after the filing of the Committee's findings. Applicant should attend public hearing at which the City Council considei's the applicant's appeal of the Committee's decision. EXAMPLE - Design Review Application Packet ; Prepared by: John Yapp, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-52z~7 ORDINANCE NO. 97-3794 ORDINANCE AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE O, ENTITLED =SIGN REGULATIONS," TO PERMIT PORTABLE SIGNS AS A PROVISIONAL SIGN IN THE CB-2, CENTRAL BUSINESS SERVICE ZONE, CB-§, CENTRAL BUSINESS SUPPORT ZONE, AND THE CB-10, CENTRAL BUSINESS DISTRICT ZONE. WHEREAS, portable signs are found to be a pedestrian-oriented sign appropriate for the central business zones; and WHEREAS, portable signs, with limits on their size and location, will not be obtrusive in the central business zones; and WHEREAS, for public safety reasons, portable signs shall not be permitted to impede pedestrian traffic, shall be weighted to provide stability, and should be moved to inside the business when the business is closed; and WHEREAS, although portable signs are appropriate in the pedestrian-oriented central business zones, they are not appropriate for all commercial zones due to too much visual and physical clutter in areas not oriented toward pedestrian travel. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Chapter 6, entitled "Zoning," Article O, entitled "Sign Regulations," Section 5, entitled "Signs Permitted by Zone; Regulations:", Subsections F and E, entitled "CB-5 and CB-10 Zones" and "CB-2 Zone," respectively, are hereby amended to include the following additional paragraphs and subparts: 14-60-5F. CB-5 and CB-10 Zones: 2. Provisional signs: (d) One non-illuminated portable sign per first floor exterior storefront, provided it is placed only on private property or within a Ordinance No. 97-3794 Page 2 designated sidewalk cafe area, does not block access to any doorway, is moved inside the business when the business is closed, is weighted at the base to provide stability as approved by the building official or designee, and has a maximum of two sign faces per sign. 3. Dimensional requirements: (b) (6) Portable Sign (A) Maximum area of sign face: six square feet (B) Maximum height of sign: six feet above grade 3. 14-60-5E. CB-2 Zone 2. Provisional signs: (d) One non-illuminated portable sign per first floor exterior storefront, provided it is placed only on private property or a designated sidewalk care area, does not block access to any doorway, is moved inside when the business is closed, is weighted at the base to provide stability as approved by the building official or designee, and has a maximum of two sign faces per sign. 3. Dimensional requirements: (b) (7) Portable Sign (A) Maximum area of sign face: six square feet (B) Maximum height of sign: six feet above grade SECTION II. This ordinance shall be automatically repealed on July 1, 1998 unless reenacted. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions 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 Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Ordinance No. 97-3794 Page 3 Passed and approved this 29th day of July ,1997. Ordinance No. 97-3794 Page 4 It was moved by Norton and seconded by Ordinance as mad be adopted, and upon roll call them were: AYES: NAYS: ABSENT: X Baker X Kubby x Lehman X Norton X Novick X Thornberry X Vanderhoef Lehman that the Fimt Consideration 6/~7/97 Voter or passage: AYES: Lehman, Norton, Novick, Thornberry, Baker, Kubby. NAYS: None. ABSENT: None. Second Consideration 7/15/97 Vote for passage: AYES: Novick, Kubb.v, Lehman, Norton. NAYS: None. Date published 8/6/97 Thornberry, Vanderhoef, ABSENT: None. Vanderhoef, Baker, Prepared by: John Yapp, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 ORDINANCE NO. 97-3795 ORDINANCE AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE P, ENTITLED "FENCES AND HEDGES," TO CHANGE THE VISION TRIANGLE REQUIREMENT AT INTERSECTIONS. WHEREAS, the vision triangle is currently measured the same for local, collector and arterial streets, with the leg of the triangle measured thirty feet (30') along the right-of-way lines from their point of intersection; and WHEREAS, the required vision triangle for local streets is excessive, and it is in the City's best interest to modify the required vision triangle for local streets; and WHEREAS, measuring the two legs of the triangle thirty feet (30') along the curb for local streets from the point two streets intersect provides for adequate lines of sight at intersections; and WHEREAS, vision triangles for collector and arterial streets will continue to be measured thirty feet (30') along the right-of-way lines from their point of intersection; and WHEREAS, no fence or hedge more than two feet in height above the curb level shall be located within the required vision triangle, to ensure that lines of sight are maintained at intersections; and WHEREAS, split-rail, open-weave, and wrought iron fences less than twenty percent (20%) solid are found to not restrict lines of sight, and shall be permitted within the required vision triangle. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT Chapter 6, entitled "Zoning," Article P, entitled "Fences and Hedges," is hereby amended by repealing Section 2, Subsection C in its entirety, and adding thereto a new Section 2, Subsection C as follows: 14-6P-2 C. At street intersections, no fence or hedge shall be located within a triangular area, measured as follows: Ordinance No. 97-3795 Page 2 1. On local streets, no fence or hedge more than two feet (2') in height above the curb level shall be located within a triangular area, with the legs of the triangle measured thirty feet (30') along the curb from the point the curbs of the two streets intersect. 2. On collector and arterial streets, no fence or hedge more than two feet (2') in height above the curb level shall. be located within a triangular area, with the legs of the triangle measured thirty feet (30') along the right-of way lines from their point of intersection. 3. Where a collector or arterial street intersects with a local street, no fence or hedge more than two feet (2') in height above the curb level shall be located within a triangular area, with the legs of the triangle measured thirty feet (30') along the curb of the local street and thirty feet (30') along the right-of-way of the collector or arterial street. 4. Split-rail, open weave, and wrought iron fences less than twenty percent (20%) solid are exempted from the vision triangle requirement. The solidity is the percent of the fence over a random area which is made up of solid, opaque material, and which does not allow light or air to pass through. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVER,~BILITY. 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. Ordinance No. 97-3795 Page 3 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 29th day of ~]uly ,19 97 MAYOR L ..,.~. ~. L , ATTEST: /,//~;~. ~ ClTY~LERK ppdadmin\visiores.doc Ordinance No. 97-3795 Page 4 It was moved by Lehman 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 Vanderhoef that the First Consideration 6/17/97 Vote for passage: AYES: Kubby, Lehman, Norton, Novick, Thornbetray, Vanderhoef, Baker. NAYS: None. ABSENT: None. Second Consideration 7/15/97 Vote f or passage:AYES: Thornberry, Vanderhoef, Baker, Kubby, Lehman, Norton, Novick. NAYS: None. ABSENT: None. Date published 8/6/97 Prepared by: David Schoon, Economic Development Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5236 ORDINANCE NO. 97-3796 AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE SCOTT - SIX URBAN RENEWAL PROJECT AREA, IN THE CITY OF IOWA CITY, COUNTY OF JOHNSON, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF IOWA CITY, COUNTY OF JOHNSON, IOWA CITY COMMUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MON- IES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH SAID URBAN RENEWAL REDEVELOP- MENT PROJECT. WHEREAS, the City Council of the City of Iowa City, Iowa, after public notice and hearing as prescribed by law and pursuant to Resolu- tion No. passed and approved on the day of , 1997, adopted an Urban Renewal Plan (the "Urban Renewal Plan") for an urban renewal area known as the Scott Six Urban Renewal Project Area (the "Urban Renewal Project Ar- ea"), which Urban Renewal Project Area in- cludes the lots and parcels located within the area legally described as follows: Parcell(to be rezoned C1-1 ): Commencing at the Southwest Corner of Section 19, Township 79 North, Range 5 West of the Fifth Principal Meridian, Iowa City, John- son County, Iowa; Thence N00°03'29"W, along the West Line of the Southwest Quarter of said Section 19, a distance of 254.86 feet, to a point on the Northerly Right-of-Way Line of U.S. Highway No. 6 and the Point of Beginning; Thence contin- uing NO0°03'29"W, along said West Line, 404.57 feet, to a point on the Easterly Right-of-Way Line of Scott Boulevard; Thence Northeasterly, 386.13 feet, along the Easterly Right-of-Way Line of Scott Boulevard and a 1481.54 foot radius curve, concave Northwesterly, whose 385.04 foot chord bears N07°23'39"E; Thence N00°O3'29"E, along said Right-of-Way Line, 1605.27 feet, to a Ordinance No. Page 2 97-3796 point on the North Line of said Southwest Quarter, Thence NO0° 18'56"W, along said Right-of-Way Line, 579.87 feet, to a point on the South Right-of-Way of the Heartland Rail Corporation; Thence S62°09'30"E, along said South Right-of-- Way Line, 749.90 feet; Thence S00°03'29"E, 300.25 feet; Thence Sll °43'38"W, 1 240.47 feet; Thence S06°00'20"W, 173.94 feet; Thence S02°29'45"W, 230.00 feet; Thence S87°30'15"E, 266.70 feet; Thence S02°29'45"W, 861.87 feet; Thence Southwesterly, 16.33 feet, along a concave 300.00 foot radius curve, Southeasterly, whose 16.33 foot chord bears S01© 12'12"W; Thence S00°21'22"E, 65.50 feet, to a point on the South Line of said Southwest Quarter, Thence S89°38'37"W, along said South Line, 209.90 feet, to a point on the North- erly Right-of-Way Line of U.S. Highway No. 6; Thence Northwesterly 175.60 feet, along said Right-of-Way Line and a 5830.00 foot radius curve, concave Southwesterly, whose 175.59 foot chord bears N59°59'O8"W; Thence N60°50'54"W, along said Right-of-Way Line, 337.19 feet, to the Point of Begin- ning. Said tract of land contains 38.93 acres, and is subject to easements and restrictions of record. Parcel II (to be rezoned I-1): Commencing at the Southwest Corner of Section 19, Township 79 North, Range 5 West of the Fifth Principal Meridian, Iowa City, John- son County, Iowa; Thence NOO°O3'29"W, along the West Line of the Southwest Quarter of said Section 19, a distance of 254.86 feet, to a point on the Northerly Right-of-Way Line of U.S. Highway No. 6; Thence S60°50'54"E, along said Northerly Right-of Way Line, 337.19 feet; Thence Southeasterly 175.60 feet, along said Right-of-Way Line and a 5830.00 foot radius curve, concave Southwesterly, whose 175.59 foot chord bears S59°59'08"E, to a point on the South Line of said Southwest Quarter; Thence N89°38'37"E, along said South Line, 209.90 feet, to the Point of Beginning; Thence NOO°21'22"W, 65.50 feet; Thence Northeasterly, 16.33 feet, along a 300.00 foot radius curve, concave South- easterly, whose 16.33 foot chord bears Ordinance No. 97-3796 Page 3 N01 °12'12"E; Thence NO2°29'45"E, 861.87 feet; Thence N87°30'15"W, 266.70 feet; Thence N02°29'45"E, 230.00 feet; Thence NO6°O0'20"E, 173.94 feet; Thence N11°43'38"E, 1240.47 feet; Thence N00°03'29"W, 300.25 feet, to a point on the Southerly Right-of-Way Line of Heartland Rail Corpo- ration; Thence S62°09'30"E, along said Southerly Right-of-Way Line, 2261.25 feet, to a point on the East Line of said Southwest Quarter; Thence S00°00'45"E, along said East Line, 990.27 feet; Thence S89°38'37"W, 670.00 feet; Thence S00°00'45"E, 813.00 feet to a point on the South Line of said Southwest Quarter; Thence S89°38'37"W along said South Line, 1380.99 feet, to the point of Begin- ning. Said tract of land contains 101.57 acres, and is subject to easements and restrictions of record. WHEREAS, expenditures and indebtedness are anticipated to be incurred by the City of Iowa City, Iowa in the future to finance urban renewal project activities carried out in further- ance of the objectives of the Urban Renewal Plan; and WHEREAS, the City Council of the City of Iowa City, Iowa desires to provide for the divi- sion of revenue from taxation in the Urban Renewal Project Area, as above described, in accordance with the provisions of Section 403.19 of the Code of Iowa, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. That the taxes levied on the tax- able property in the Urban Renewal Project Area legally described in the preamble hereof, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as here- inafter in this Ordinance provided. SECTION 2. That portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts upon the total sum of the assessed value of the taxable property in the Urban Renewal Project Area, as shown on the assess- ment roll as of January 1 of the calendar year preceding the first calendar year in which the City of Iowa City certifies to the County Audi- tor the amount of loans, advances, indebted- ness, or bonds payable from the division of Ordinance No. 97-3796 Page 4 property tax revenue described herein shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for the taxing district into which all other property taxes are paid. _ SECTION 3. That portion of the taxes each year in excess of the base period taxes deter- mined as provided in Section 2 of this Ordi- nance shall be allocated to and when collected be paid into a special tax increment fund of the City of Iowa City, Iowa hereby established, to pay the principal of and interest on loans, mon- ies advanced to, indebtedness, whether fund- ed, refunded, assumed or otherwise, including bonds or obligations issued under the authority of Section 403.9 or 403.12 of the Code of Iowa, as amended, incurred by the City of Iowa City, Iowa, to finance or refinance, in whole or in part, urban renewal projects undertaken within the Urban Renewal Project Area pursu- ant to the Urban Renewal Plan, except that taxes for the payment of bonds and interest of each taxing district shall be collected against all taxable property within the Urban Renewal Project Area without any limitation as herein- above provided. SECTION 4. Unless or until the total assessed valuation of the taxable property in the Urban Renewal Project Area exceeds the total assessed value of the taxable property in the Urban Renewal Project Area as shown by the assessment roll referred to in Section 2 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Urban Renewal Project Area shall be paid into the funds for the respective taxing districts as taxes by or for said taxing districts in the same manner as all other property taxes. SECTION 5. At such ti~ne as the loans, advanc- es, indebtedness, bonds and interest thereon of the City of Iowa City, Iowa referred to in Sec- tion 3 hereof have been paid, all monies there- after received from taxes upon the taxable property in the Urban Renewal Project Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. SECTION 6. All ordinances or parts of ordinanc- es in conflict with the provisions of this Ordi- nance are hereby repealed. The provisions of this Ordinance are intended and shall be con- strued so as to fully implement the provisions of Section 403.19 of the Code of Iowa, as amended, with respect to the division of taxes from property within the Urban Renewal Project Area as described above. In the event that any Ordinance No, 97-3796 Page 5 provision of 'this Ordinance shall be determined to be contrary to law, it shall not affect other provisions or application of this Ordinance which shall at all times be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with reference to the Urban Re- newal Project Area and the territory contained therein. SECTION 7. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed and approved this 291:h day of Jul.y ,1997. CITY A,~: y_e,.d.,,.b ~___~/~/ Read First Time: May 20 , 1997 Vote for passage: AYES: Norton, Novick, Thornberry, Lehman. NAYS: Kubby. ABSENT: None. Read Second Time: June 3 ,1997 Vote for passage: AYES: Novick, Thornberry, Vanderhoef, Norton. NAYS: Kubb,v. ABSENT: None. Read Third Time: ju],v 29 ,1997 Vote for passage: AYES: Thornberry, Vanderhoef, Baker, Novick. NAYS: Kubby. ABSENT: None. I,Marian K.Karr , City Clerk of the City of iowa City, Iowa, hereby certify that the above and foor~going is a true copy of Ordinance No. 97-37-~fAssed and approved by the City Council of said City at a meeting held July 29 , 1997, signed by the Mayor on July 29 , 1997, and published in the Press Citizen on Au~lust 6, 1997. , j City Clerk, Iowa City, Iowa Vanderhoef, Baker, Lehman, Baker, Lehman Norton (SEAL) ecodev/scot~six.c¢cl Prepared by: Eleanor Dilkes, Assistant City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 97-3797 ORDINANCE AMENDING TITLE 14, "UNIFIED DEVELOPMENT CODE," CHAPTER 3, '"CITY UTILITIES," ARTICLE A, "GENERAL PROVI- SIONS" OF THE CITY CODE TO ESTABLISH RULES GOVERNING BILLING ADJUSTMENTS TO CITY UTILITY ACCOUNTS FOR INCORRECT BILLINGS; TO WAIVE PAYMENT FOR CERTAIN SOLID WASTE/RECYCLING SERVICES; AND, TO AMEND THE CITY CODE PROVISION CON- CERNING THE ESTABLISHMENT OF CITY UTILITY ACCOUNTS TO ELIMINATE THE REQUIREMENT OF A WRITTEN AGREEMENT. WHEREAS, the Department of Finance of the City of Iowa City has a Billing Adjustment Policy that establishes a policy for determining a billing adjustment when an account holder has been incorrectly billed for a city utility (water, wastewater (sewer), solid waste/recycling); and WHEREAS, in the Spring of 1996 the City embarked on a new curbside recycling program which resulted in the discovery that a number of residential rental households were being incorrectly billed for solid waste/recycling, which is billed on a "per dwelling unit" basis, because the Finance Department records were not cross-checked with records of the Depart- ment of Housing and Inspection Services that establish the number of dwelling units of resi- dential rental properties; and WHEREAS, a system has been developed and implemented which provides for verifica- tion of the accuracy of Department of Finance records regarding the number of dwelling units; and WHEREAS, the City Council of the City of Iowa City desires to waive payment of solid waste/recycling collection services that were provided to Iowa City households but not billed for due to incomplete billing information when the failure to bill is discovered by the City on or before July 1, 1997; and WHEREAS, the City Council of the City of Iowa City desires to enact rules governing utility billing adjustments by ordinance so that Ordinance No. 97-3797 Page 2 such rules will have the force and effect of law; and WHEREAS, the process of implementing the City Code provision requiring a person estab- lishing a City utility account to execute a written agreement and the implementation of a record retention system for said agreements is time-consuming and expensive, and should be repealed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. Title lZ~, "Unified Development Code," Chapter 3, "City Utilities," Article A, "General Provisions," Section 4, "Rates and Charges for City Utilities" is hereby amended by adding a new subsection E to read as fol- lows: E. Billing Adjustments 1. A billing adjustment will be made when it is discovered that an account holder has been incorrectly billed for water, wastewater (sewer) or solid waste/recycling service for the period of adjustment. 2. "Period of adjustment" shall be defined as follows: The entire period of inaccu- racy on the account, or five years prior to the date the error was discovered and corrected, whichever is the lesser period. 3. The calculation of any billing adjust- ment shall be based on the rate or rates in effect at the time of the incorrect billing or billings. When an account holder has been overcharged for services rendered, one hundred percent (100%) of the over- charge for the applicable period of adjustment, without interest, shall be refunded or credited to the account holder. 5. When an account holder has been undercharged for services rendered the account holder shall be billed fifty per- cent (50%) of the total amount under- charged, without interest, for the appli- cable period of adjustment. 6. No interest shall run in favor of the City on undercharges and no interest will run in favor of the account holder on overcharges. 7. The City Manager or designee shall establish rules for determining the period of inaccuracy and the calculation Ordinance No. 97-3797 Page 3 of what the correct billing would have been during that period. 8. Billings for solid waste/recycling servic- es that were provided by the City to the account holder but not billed by the City shall be waived and shall not be collected when the billing error is dis- covered by the City on or before July 1, 1997. SECTION II. Title 14, "Unified Development Code," Chapter 3, "City Utilities," Article A, "General Provisions," Section 5, "Establishing City Accounts; Deposits Required" is hereby amended by deleting subparagraph A and substituting in lieu thereof the following: A. Prior to establishing a water service account, a wastewater account and/or a residential solid waste collection account with the City, any person es- tablishing an account, with the excep- tion of a residential owner account, shall be required to make a combined account deposit before City services are provided. The amount of this de- posit shall be as provided in the sched- ule of fees, Title 3, Chapter 4 of the City Code. SECTION III. 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 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 29th day of Oul.y ,19 97 MAYOR - ~ L CITY CLERK City Attorney's Office eleanor\utility.oral Ordinance No, 97-3797 Page 4 It was moved by Thornberry 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 7/15/97 Vote f or passage: AYES: Kubby, Lehman, Norton, Novick, Thornberry, Vanderhoef, Baker. NAYS: None. ABSENT: None. Second Consideration ....... Vote for passage: Date published 8/6/97 Moved by Thornberry, seconded by Vanderhoef, 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 and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Vanderhoef, Baker, Lehman, Norton, Novick, Thornberry. NAYS: Kubby. ABSENT: None. Prepared by: Dennis Mitchell, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 97-3798 AN ORDINANCE AMENDING TITLE 14, ENTI- TLED "UNIFIED DEVELOPMENT CODE", CHAP- TER 5, ENTITLED "BUILDING AND HOUSING", ARTICLE I, ENTITLED "GRADING ORDI- NANCE", SECTION 12, ENTITLED "EROSION CONTROL" WHEREAS, the Grading Ordinance in the City Code provides that erosion control measures .shall be designed in conformance with the standards found in the Iowa Construction Site Erosion Control Manual; and WHEREAS, amending this ordinance to provide that erosion control measures must be designed, installed, and maintained in confor- mance with the standards found in the Iowa Construction Site Erosion Control Manual would aid enforcement of this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. Section 1 4-51-1 2, entitled "Erosion Control" is hereby repealed and a new Section 14-51-12, entitled "Erosion Control" is hereby added, to read as follows: Erosion control measures shall be designed, installed, and maintained in confor- mance with the standards found in the Iowa Construction Site Erosion Control Manual. 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, as provided by law. Ordinance No, 97-3798 Page 2 Passed and approved this 29th day of July ,19 97 ATTEST: ~ CITY CLERK City Attorney's Office Ordinance No. 97-3798 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 Thornberry that the First Consideration 7/15/97 Vote for passage: AYES: Lehman, Norton, Novick, Thornberry, Vanderhoef, Baker, Kubby. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 8/6/97 Moved by Baker, 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 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 I0 WA CITY MEMO TO: Iowa City City Council FROM: Julie Tallman, Development Regulations Specialist DATE: 18 July 1997 RE: Ordinance amendment Section 14-51-12 Your question was, "does responsibility for installation and maintenance of erosion control methods fall on the developer of property, or on the property owner?" The answer is, responsibility for installation and maintenance of erosion control methods falls on whoever is the current owner of the property upon which erosion control methods are required. During early stages of development of a subdivision, for example, the burden of responsibility falls upon the legal owner, usually the developer. When lots are sold individually, the responsibility shifts to the current owner -- whether that is a realtor, or a party purchasing the lot in order to build a residence or commercial/industrial development. Responsibility for maintaining erosion control methods ends when permanent groundcover is established. Prepared by: Misha Goodman-Herbst, Animal Shelter Supervisor, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5295 ORDINANCE NO. 97-3799 AN ORDINANCE SETTING SCHEDULED FINES FOR VIOLATIONS PROSECUTED AS MUNICIPAL INFRACTIONS UNDER TITLE 8, ENTITLED "POLICE", CHAPTER 3, ENTITLED "GENERAL ANIMAL REGULATIONS" AND CHAPTER 4, ENTITLED "ANIMAL CONTROL" OF THE CITY CODE. WHEREAS, all violations of animal control ordinances may be punished as either a simple misdemeanor or a municipal infraction; and .WHEREAS, setting reduced civil penalties for violations punished as municipal infractions would give animal control personnel the ability to issue fines which are commensurate with the violation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. Title 8, entitled "Police", Chapter 3, entitled "General Animal Regulations" is hereby amended by adding a new Section 5, entitled "Penalties", to read as follows: Any violation of this Chapter shall be considered a simple misdemeanor or Municipal infraction as provided for in Title 1, Chapter 4 of this Code. The following schedule of civil penalties shall apply for violations punished as a municipal infraction: First offense $ 10.00 Second offense t~ 20.00 Third offense ~ 50.00 Fourth and subsequent offense(s) ~ 100.00 SECTION II. Title 8, entitled "Police", Chapter 4, entitled "Animal Control", Section 13, entitled "Penalties" is hereby repealed and a new Title 8, Chapter 4, Section 13, entitled "Penalties" is hereby added to read as follows: Any violation of this Chapter shall be considered a simple misdemeanor or Municipal infraction as provided for in Title 1, Chapter 4 of this Code. The following schedule of civil Ordinance No. 97-3799 Page 2 penalties shall apply for violations punished as a municipal infraction: First offense $ 10.OO Second offense $ 20.00 Third offense $ 50.00 Fourth and subsequent offense(s) ~ 1 OO.OO SECTION III. 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 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 29th day of July ,19 97 MAYOR ~, ~_ (,./. ,., / J ATTEST: /~/t/4~2 ?f/, ~ CITY CLERK City Attorney's Office Ordinance No. 97-3799 Page 3 It was moved by Baker 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 First Consideration 7/16/07 Vote for passage: AYES: Novick, Thornberry, Vanderhoef, Baker, Kubby, Lehman, Norton. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 8/6/97 Moved by Baker, 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 and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Lehman, Norton, Novick, Thornberry, Vanderhoef, Baker. NAYS: Kubby. ABSENT: None. Prepared by: Ron Boose, Sr. Bldg. Insp., ~,10 E. Washington Street, Iowa City, IA 522L~0; 319-356-5122 ORDINANCE NO. 97-3800 AN ORDINANCE AMENDING TITLE 14, CHAP- TER 1, ARTICLE A, ENTITLED "STREETS, SIDEWALKS AND PUBLIC WAY GENERALLY" TO DELETE THE REQUIREMENT FOR AN AP- PLICANT TO POST A STREET CLEANUP ES- CROW PRIOR TO THE ISSUANCE OF EACH BUILDING PERMIT. WHEREAS, the City of Iowa City wishes to remove unnecessary barriers to the construc- tion of affordable housing; and WHEREAS, the Homebuilders Association of Iowa City has identified the street cleanup escrow as an item contributing to the cost of construction in Iowa City; and WHEREAS, the Iowa City Council has agreed to a trial period during which contractors will be expected to adequately maintain the public streets in and around construction projects without posting a street cleanup escrow. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 14, Chapter 1, Article A of the City Code entitled "Streets, Sidewalks and Public Right-of-Way Generally," be hereby amended by repealing paragraph D of Section 14-1A-5 entitled, "Cleanup Escrow." 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, as provided by law. Ordinance No. 97-3800 Page 2 Passed and approved this 29th day of July ,19 97 . MAYOR (~ ~ ATTEST: //-~~ CITY CLERK City Attorney's Office hisblg\cleanup.ord Ordinance No. 97-3800 Page 3 It was moved by Norton 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 Thornberry that the First Consideration 6/17/97 Vote for passage: AYES: Norton, Baker, Kubby, Lehman. NAYS: None. Novick, Thornberry, Vanderhoef, ABSENT: None. Second Consideration 7/15/97 Votefor passage: AYES: Thornberry, Norton, Novick. NAYS: None. ABSENT~ Date published 8/6/97 Vanderhoef, Baker, Kubby, Lehman, None. Prepared by: Dale Helling, Asst. City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5010 ORDINANCE NO. 97-3801 AN ORDINANCE REGARDING CONTROL OF GRAFFITI AND REQUIRING REMOVAL OF GRAFFITI VANDALISM FROM PRIVATE PROPERTY WHEREAS, graffiti visually pollutes the community, degrades property values, and otherwise is injurious to the senses; and WHEREAS, the City of Iowa City is committed to reducing the amount of graffiti in Iowa City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Amending Title 6, entitled "Public Health and Safety" of the City Code, by adding a Chapter 9 to be entitled "Graffiti", which shall contain the following provisions: 6-9-1. Def/n/t/ons. As used in this Chapter, the following definitions shall apply: Deface: to alter the appearance of something by removing, distorting, adding to, or covering all or a part of it. Graff/t/vanda//sm: defacing public or private real property by painting, drawing, writing, etching, or carving by use of paint, spray paint, ink, knife, or any similar method. Rea/property: land and whatever is erected or growing upon or affixed to land, including fences and walls. 6-9-2. Dec/afar/on of Pub//c Nu/sance; Regu/at/on. All real property defaced by graffiti vandalism which is visible to the public view is hereby declared to be a public nuisance, and shall be subject to City abatement procedures if not removed with seven (7) calendar days from the date of written notice from the City. 6-9-3. Not/f/cat/on to Abate Nu/sance. The owner of any real property located within the City which is defaced by graffiti vandalism shall be notified of such graffiti vandalism by the City prior to any City abatement procedures. Such notice shall be in written form and shall direct the property owner to remove or eradicate the graffiti vandalism from the real property within seven (7) calendar days from the date of such notice. The notice shall be sent by first class mail and shall contain: Ordinance No. 97-3801 Page 2 1. A description of the real property upon which the graffiti vandalism occurred and a description of the nature of the vandalism; 2. A demand that the owner remove or eradicate the graffiti vandalism from the real property within seven (7) calendar days from the date of such notice; and 3. A statement that warns that the owner's failure or refusal to remove or eradicate the graffiti vandalism may result in the City's commencement of abatement procedures, and if the cost of such abatement is not paid to the City within thirty (30) calendar days after a notice of assessment is mailed to the property owner, such costs may be assessed against the property in the same manner as a property tax as provided by state law. SECTION I1. AMENDMENT. Amending Title 6, entitled "Public Health and Safety", Chapter 1, entitled "Nuisances", Section 2, entitled "Public Nuisance Defined; Public Nuisances Enumerated", by adding the following paragraph: S. All real property. defaced by graffiti vandalism which is visible to the public view. 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 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 Ordinance shall be in effect after its final passage, approv- al and publication, as provided by law. Passed and approved this 29th day of July ,1997. CITY CLERK City Attorney's Office dennis.mir\graf flti.ord Ordinance No. 97-3801 Page 3 It was moved by Vanderhoef and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry ¥anderhoef Kubby that the First Consideration 6 / 17 / 97 Vote for passage: AYES: Novick, Thornberry, Vanderhoef, Lehman, Norton. NAYS: None. ABSENT: None. Second Consideration 7/15/97 Vote for passage: AYES: Vanderhoef, Baker, Kubby, Novick, ThornbeY-r.,v. NAYS: None. ABSENT: None. Date published 8/6/97 Lehman, Baker,Kubby, Norton, Prepared by: Asst. City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 3! ORDINANCE NO. AN GRAFFITI REGARDING CONTROL OF GRAFFITI AND REQUIRING REMI FROM PRIVATE PROPERTY OF WHEREAS, graffiti is injurious to the senses; pollutes the community, degrades property and otherwise WHEREAS, the City of City is committed to reducing the of graffiti in Iowa City. NOW, THEREFORE, BE IT IOWA: ~AINED BY THE CITY COUNCI THE CITY OF IOWA CITY, SECTION I. AMENDMENT. g Title 6, entitled Code, by adding a Chapter 9 to be entitled raffiti", which Health and Safety" of the City contain the following provisions: 6-9-1. Definitions. As used in this Cha definitions shall apply: Deface: to alter the appearance of someth all or a part of it. removing, distorting, adding to, or covering Graffiti vandalism: defacing public or etching, or carving by use of paint, spray pail ink, property by painting, drawing, writing, )r any similar method. Realproperty: land and and walls. or growing )on or affixed to land, including fences 6-9-2. Declaration of vandalism which is visible to the subject to City abatement prooe written notice from the City. Regulation. All view is hereby declared to if not removed with seven property defaced by graffiti a public nuisance, and shall be ~lendar days from the date of 6-9-3. Notification which is defaced by graffi any City ,abatement pro, owner to remove or er days from the date Nuisance. The owner of any real located within the City shall be notified of such graffiti lism by the City prior to Jures. Such notice shall be in written form and ~all direct the property the graffiti vandalism from the real property dn seven (7) calendar notice. The notice shall be sent by first class mail shall contain: 1. A des~ description of of the real property upon which the graffiti of the vandalism; occurred and a 2. A that the owner remove or eradicate the graffiti vandalism from within seve~ calendar days from the date of such notice; and 3.~ statement that warns that the owner's failure or refusal to remove or vandalisn~ may result in the City's commencement of abatement procedures, and if the abatement is not paid to the City within thirty (30) calendar days after a notice of to the property owner, such costs may be assessed against the property in the same man property tax as provided by state law. real property the graffiti of such mailed 8S 8 Ordinance No. Page 2 SECTION II. AMENDMENT. Amending Title 6, entitled "Public Health and Safety" entitled "Nuisances", Section 2, entitled "Public Nuisance Defined; Public Nuisances EnL adding the fol~x~ng paragraph: S. All rea~ property defaced by graffiti vandalism which is visible to the view. SECTION ~EPEALER. AI~ ordinances and parts of ordinances in co of this Ordinance are ;reby repealed. with the provisions SECTION IV. adjudged to be invalid Ordinance as a whole or an, If any section, provision or ~nconstitutional, such adjudication sh~ rotion, provision or part thereof not. of the Ordinance shall be affect the validity of the led invalid or unconstitutional. SECTION V. and publication, as provided by This Ordinance shall bl effect after its final passage, approval Passed and approved this ,y of ,1997. ATTEST: CITY CLERK City Attorney's Office It was moved by ~., seconded by that the Ordinance as read be adopted, and upon roll call there/re: AYES: N~ ABSENT: Baker Kubby Lehman Norton / . Novick / _ Thornberry . Vanderhoef First ~onsideration 6/17/97 ~ Vote for passage: AYES: Novic,,,~,Thornberry, Vanderhoef, Baker, Kubby, Lehman, Norton. NAYS: Non~, ABSENT: None. Aecond Consideration 7/15/97 ~ Vote ssa e' YES' ~ter , Baker, Kubby, Lehman / Norton, Novick, Thornberry. ~/~yC~a: ~o'n§. ABS~Ii1. ~8~:x~ka ' Date published ~, dennis/graffiti.ord