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HomeMy WebLinkAbout1996-12-17 OrdinancePrepared by: Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319-3! 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- 'ER 1, ENTITLED "DEFINITIONS"; AND TITL ENTITLED "USE OF PUBLIC WAYS )PERTY," CHAPTER 3, ENTITLED ':IAL USE OF SIDEWALKS" {EAS, the City desires ~ge more to open Service Areas on private and Side- CITY IOWA: SECTION I. Repealing "RESTAURANT" new paragrap~ TAURANT" follows: F{EFORE, BE ~ BY THE OF THE OF IOWA CITY, SECTION 4-1-1. from the definition of )n 4-1-1 and adding a the definition of "RES- 4-1-1 which reads as separate from the bar 8 micro- rill or broiler, and a ~acity in excess equipp~ all of wove an, stove, foo( eration unit with (20) cubic feet. REPLA, :)N 4-3-1 (B)(3). g Section 4-3-1 ]nd adding a new Section 4-3-1 (B)(3) follows: Upon submitting an ion for an outdoor service area, applicant shal ~rovide the name and address of the owner abut- ting property as well as every ~roperty which is within one hundred feet of the applicant's premises. The applicant also post on the applicant's premises in readily observable to the public a sign pro dad by the City regarding the applicant's inten [o establish or renew an outdoor service Such notice must be posted at least ten days prior to the date and time when Ordinance No. Page 2 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 ~,') in height. It shall be of solid construction ~ich will effectively prevent ingress or egre,, the premises except by way exit only and prevent the passin of es over, under or through the fi An of ell with all lency exit shall be ervice areas and shall building, and fire codes. (b) service areas CB- 10 central area) However, a other suitable height but no height which is visually impaired is shall comply with in the business from screen requirements. d~ fence or three feet (3') in eight feet (8') in by a person who is ~ired. Emergency exits ling, housing and fire codes. SECTION IV. REF (C)(3). Repealing Se( 4-3-1, and adding a new Section C)(3) to I as follows: (a) and Exits: loot service areas sha be accessible from the quired exit ~remises which it adjoir The re- lency exit shall be an lency Outdoor service areas located the zone (the central downtown are exempt from the restricted and exits requirement. Emergency exits comply with all building, housing and 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, 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- Ordinance No. Page 3 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 deftnit of "RESTAURANT" and adding a new graph D to the definition of "RESTAUF which reads as follows: "Has a kitche~ ;epa- rate from the bar equipped with the following: a microwave oven, stow griddle, rill or broiler, and a food refrigerati unit with in excess of twenty (2( Furthermore, deleting from paragraph G, "Includes a shop, icatessen, ice crear tearoom bar, cocktail lout more rapeall "SIDEWAL ;AFF" and of "An outdoor public sidewalk building wherein where food and sumpriori by tables in that a structure subject Works, Per by the req~ and mined by Council. SECTIOi'~' REPLACING ~ definition of currently coffee lunchroom, e, or tavern"; the definition of a new definition reads as follows: temporarily on a uous with any side of a restaurant is located and rages are taken for con- sitting or standing at cafes located on of ]ublic sidewalk are Director of Public ales must abide t~ons as deter- 'ION 10-3- 3(B)(3).-' Repealing Section 10-3- I)(3) and adding a new Section 10-3-3(B)(3) 'ead as follows: (a) The area for a sidewalk cate be temporarily delineated by ropes or some er suitable method which shall be clearl~ pedestrians. Tables, chairs and other to be removed at the end of each day's opera- tion, and the sidewalk cate area shall be re- 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 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 Ordinance No. Page 4 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 side- valk is returned to its prior condition. The ~ount of the deposit shall be set by resolution ~e City Council. ION VIII. AMENDING "SUNSET" PROVI- ORDINANCE 95-3676. Amending the matic rep~ sunset )rovision in the codified version of 95-3676 which provided for auto- Nov. 1, 1997, and adding a new 3n which provides as follows: portions 95-3676 shall automaticall vember 1, 1999 3cil. ER. All ordinan~ and ~nflict with provi- hereby of Ordinance be repealed on enacted by City SECTION IX, parts of ordinances sicns of this SECTION X. section, provision or part of the shall be adjudged to be invalid or uric such adjudication Ordinance as e whole or or part thereof not adj~ tutional. SECTION XI. EFF DATE. Ordi- nance shall be ir after its fin~ assage, approval and ~, as f Passed a approved this of ,19 validity of the ~rovision or unconsti- EST: CITY CLERK City Attorney's Office City of Iowa City MEMORANDUM Date: December 12, 1996 To: Mayor and City Council From: Marian K. Karr, City Clerk~\~'?c~ Re: Sidewalk Cafes Attached is a copy of the 1995 resolution establishing a fee of $5.00 per square foot for sidewalk cafes. Currently we have three sidewalk cafes licensed. Blimpie Subs & Salads $450. Java House 650. Panchero's 945. Staff recommends the fee be retained based on square footage as the most equitable for all establishments. Many restaurants are restricted in size by surrounding establishments and the city's requirement for an eight foot pedestrian walkway, while others have unique opportunities for rather large areas. By paying on a square foot basis everyone is treated the same regardless of size. The fee will remain unless Council wishes to direct staff otherwise. A resolution establishing a deposit fee for sidewalk cafes requesting seasonal fencing will be available for your consideration prior to final consideration of the ordinance. The City Attorney's office is currently revising the easement agreement for sidewalk cafes and will provide copies when completed. cc: City Attorney RESOLUTION NO. 95-113 RESOLUTION RESCINDING RESOLUTION 84-181 AND 94-88, AND ADOPTING A FEE SCHEDULE FOR THE USE OF PUBLIC RIGHT-OF-WAY FOR SIDEWALK CAFES WHEREAS, the City Council of Iowa City, Iowa adopted Resolution 84-181 on July 3, 1984, establishing regulations for operation of sidewalk cafes on public right-of-way; and WHEREAS, the City Council also adopted Resolution 94-88 establishing a fee schedule for the use of public right-of-way and dates of operation for sidewalk cafes; and WHEREAS, the City Council is interested in establishing new regulations by ordinance for sidewalk cafes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY THAT: 1. Resolution 84-183 and 94-88 are hereby rescinded, as outdated, 2. The following non-refundable schedule is hereby established for use of the public right- of-way, for the operation of sidewalk cafes: Annual fee- $5.00 per square foot. Passed and approved this 9th day of I~y , 1995, It was moved by Kubby and seconded by adopted, and upon roll cell there were: Cit~y Atto~ey's Office Throgmorton the Resolution be AYES: NAYS: ABSENT: x x X x Baker Horowitz Kubby Lehman Novick Pigott Throgmorton Prepared by: Sue Walsh, Deputy City Clerk, 410 E. Washington St. Iowa City, IA 52240; 31 9-356-5040 ORDINANCE NO. 96-3761 AN ORDINANCE AMENDING TITLE 5, "BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, "VEHICLES FOR HIRE," SECTION 2, "APPLICATION," OF THE CITY CODE BY AMENDING THE PLACEMENT OF TAXICAB DECALS. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT: Title 5, "Business and License Regulations," Chapter 2, "Vehicles for Hire," is hereby amended by repealing Section 2 "Application," Subsection B2, "Attachment of Decal" of the City Code and in lieu thereof adding a new Subsection B2, "Attachment of Decal" to read as follows: No Vehicle for Hire shall be operated on any street within the City unless a decal has been issued by the City Clerk. The decal shall be attached to the lower corner of the front windshield on the passenger side. Pedicabs or horse- drawn vehicles shall display the decal on the left rear of the vehicle. SECTION II. REPEALER: All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY: If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE: This ordinance shall be effective March 1, 1997. Passed and approved this l/th day of December ,19 96 · CITY CLERK Approved by (fity Attorney s Office Ordinance No. 96-3761 Page 2 It was moved by Baker and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X X X X Baker Kubby Lehman Norton Novick Thomberry Vanderhoef Norton that the First Consideration 12/3/96 Vote for passage:AYES: Vanderhoef, Baker, Kubby, Lehman, Norton, Novick, Thornberry. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 12/24/96 Moved by~E6mded by Norton, that the rule requiring ordinances to be considered and voted on for passage at two Ceuncil 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: Norton, Novick, Thornberry, Vanderhoe' Baker, Kubby, Lehman. NAYS: None. ABSENT: None. Prepared by: Chuck Schmadeke, Public Works Director, 410 E. Washington St., Iowa City, IA 52240; 319-356-5141 ORDINANCE NO, 96-3762 AN ORDINANCE AMENDING TITLE 14, CHAP- TER 3, ENTITLED "CITY UTILITIES," ARTICLE E, ENTITLED "WASTEWATER TREATMENT WORKS INDIRECT DISCHARGE" TO CON- FORM WITH FEDERAL REGULATIONS ON METHODS TO DETERMINE POLLUTANT DIS- CHARGE LIMITS. WHEREAS, Iowa City's Wastewatcr Treat- ment Works Indirect Discharge Ordinance establishes the City's authority to implement and enforce pretreatment standards and re- quirements, under the National Pollutant Dis- charge Elimination System (NPDES), and also to regulate industrial users of the City's Waste- water Treatment Works, also known as a Publicly Owned Treatment Works ("POTW"); and WHEREAS, the City's local regulations need updating, so as to conform with existing feder- al regulations concerning methods of calculat- ing whether pollutant discharge permit limits have been exceeded. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF iOWA CITY, IOWA THAT: SECTION I. AMENDMENT. a. Title 14, Chapter 3, entitled "City Utilities," Article E entitled "Wastewater Treatment Works indirect Discharge," Section 2, entitled "Definitions" of the City Code is hereby amend- ed by deleting the definition of "pH," and adding in lieu thereof the following definition: pH: The logarithm of the reciprocal of the hydrogen ion concentration expressed in moles per liter, e.g., standard units (s.u.). b. Title 14, Chapter 3, "City Utilities," Article E, "Wastewater Treatment Works Indirect Discharge," Section 4, "Pretreatment Stan- dards" of the City Code is hereby amended by deleting Subsection B5 in its entirety, and adding a new subsection B5 (including subsections a and b) to read as follows: No individual user shall discharge wastewater having a pH lower than 5.0 or greater than 12.0 or having any other corrosive property capable of Ordinance No. 96-3762 Page 2 causing damage or hazard to POTW structures, equipment or personnel. (a) Where a permittee continuously measures the pH of wastewater pursu- ant to a permit requirement, the permit- tee shall maintain the pH of such wastewater within the range set forth in the applicable permit, except excur- sions from the listed range are allowed subject to the following limitations: {1) The total time during which the pH values are outside the required range of pH values shall not exceed 7 hours and 26 minutes in any calendar month; and (2) No individual excursion from the range of pH values shall exceed 60 minutes. (b) The Director may adjust the require- ments set forth in paragraph (a) of this subsection with respect to the length of individual excursions from the range of pH values if a different period of time is appropriate, based upon the treatment system, the plant configuration or other technical factors. (c) For purposes of this subsection BS, an excursion is an unintentional and temporary incident in which the pH value of discharge wastewater exceeds the range set forth in the applicable effluent limitations guidelines. Title 14, Chapter 3, "City Utilities," Article E, "Wastewater Treatment Works Indirect Discharge," Section 7 "Standards Declared; Information and Reports Required" of the City Code is hereby amended by deleting Subsection C in its entirety, and adding in lieu thereof a new Subsection C to read as follows: C. After the compliance date of such pro- treatment standard or in the case of a new source or after commencement of the dis- charge into the POTW, each significant noncategorical industrial user or any indus- trial user subject to a protreatment standard shall submit to the Director during the months of June and December, unless required mere frequently in the protreatment permit or by the Director, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pro- treatment standards. The report shall in- clude all parameters for which the POTW has not sampled and analyzed pollutants directly. In addition, this report shall include Ordinance No, 96-3762 Page 3 a record of measured daily flows during the reporting period, and shall be signed and certified by a qualified professional and an authorized representative of the user, as required by subsection 14-3E-6B10 of this Article. At the discretion of the Director and in consideration of factors such as local high or low flow rates, holidays or budget cycles, the Director may agree to alter the months during which the above reports are to be submitted. 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. Passed and approved this 17t. h day of December ,19 96 · CITY CLERK Approved by Office Ordinance No. 96-3762 Page 4 It was moved by Norton and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thomberry Vanderhoef Lehmap that the First Consideration 12/3/96 Vote for passage: AYES: Thornberry, Vanderhoef, Baker, Lehman, Norton, Novick. NAYS: None. ABSENT: None. Ku bby, Second Consideration Vote for passage: Date published 12/24/96 Moved by Norton, seconded by Thornberry, that the rule requiring ord- inances to be considered and voted on for passage at two Council meet- ings prior to the meeting at which it is to be finally passed be sus- pended, the second considerationmd vote be waived and the ordinance be voted upon for final passage at this time. AYES: Thornberry, Vanderhoef, Baker, Kubby, Lehman, Norton, Novick. NAYS: None. ABSENT: None.