Loading...
HomeMy WebLinkAbout2005-03-01 Ordinance Prepared by: Karen Howard, Associate Planner, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 ORDINANCE NO. AN ORDINANCE AMENDING THEZONING CODE, SECTION 14-6-O SIGN REGULATIONS, TO PERMIT ELECTRONIC CHANGE,~BLE COPY SIGNS IN THE COMMUNITY COMMERCIAL (CC-2), HIGHWAY COMMERCIAL (CH-'I) AND INTENSIVE COMMERCIAL (C1-1) ZONES. WHEREAS, the City Code currently allow signs where the copy is changed manually, but not electronically; and WHEREAS, allowing electronic changeable copy signs will provide greater flexibility and convenience for the property owner; and WHEREAS, electronic changeable copy signs are currently considered "animated" signs; and WHEREAS, animated signs are currently prohibited due to concerns about bright, flashing, scrolling, or moving images or text being dis!racting to drivers along public streets and causing undue sign clutter; and WHEREAS, placing restrictions on electronic changeable copy signs with regard to location, brightness, and animation will reduce the potential negative impacts on safety and aesthetics along public streets. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL: City Code Title 14, Chapter 6, Zoning; Article O, Sign Regulations; Section 2, Definitions be amended to replaC:e the existing definitions of "Animated Sign," "Changeable Copy Sign," and "Time and Temperature Sign"iwith the following definitions: ANIMATED SIGN: Any sign oripart of a sign which, through the use of moving structural elements, flashing or sequential lights, lighting elements, or other automated method, results in movement, or the appearance of movement. CHANGEABLE COPY/CHANGEABLE COPY SIGN: A sign, or part of a sign, such as a reader board, where the copy is easily changed~anually or by electronic means, but is not animated. TIME AND TEMPERATURE SIGN: An identification sign that shows the current time and temperature in an electronic digital format in a manner similar to that illustrated below. At least 40 percent of each sign face shall be devoted to the display of time and temperature. For purposes of this Title, a Time and Temperature Sign is not considered a changeable copy sign. City Code Title 14, Chapter 6, Zoning; Article O, Sign Regulations, Section 4, Permitted Signs in all Zones; Subsection B, Signs Requiring a Permit, Paragraph 1 be amended to replace the existing text with the text that follows: 1. Changeable Copy Signs: a. Any sign may contain Copy that is changed manually. Such signs shall be installed in accordance with the dlmensional requirements of the zone in which the sign is located. b. Signs where the copy !is changed by electronic means are only allowed as specified below: 1). The sign must be Ilocated in a CC-2, CH-l, or C1-1 Zone, but may not be located within 100 feet of a ResiClential Zone. 2). Electronic change~able copy is allowed on only one sign per lot. 3). The changeable copy may not be animated. The copy may be changed no more than once per hour. 4). The sign may not icontain images or be of a brightness that will interfere with, obstruct the view of, or confuse traffic. The sign may not contain images that may be confused with any authorized tra~ffic sign, signal or device. The sign may not make use of the words, "stop," "go slow," ~'caution," "drive in," "danger," or any other word, phrase, symbol or character in such a way as to interfere with, mislead or confuse traffic. 5). The sign must comply with the illumination standards as specified in subsection 14-60- 7D. 6). Electronic changeable copy is only allowed on freestanding signs and freestanding, wide- base signs, whichi must be installed in accordance with the dimensional requirements of Ordinance No. Page 2 the zone in which the sign is located. 7). The electronic changeable copy portion of the sign may not exceed 40 percent of the area of the sign face. City Code Title 14, Chapter 6, Zoni@g; Article O, Sign Regulations, Section 7, Additional Regulations, Subsection D, Illuminated Signs be! amended to add the following paragraphs: 5. Illumination through the use of LEDs is allowed only as specified for electronic changeable copy. All signs using LEDs must have installed ambient light monitors that automatically adjust the brightness level of the electronic sign based on ambient light conditions. At no time shall the sign be operated at a brightness level greater than the manufacturer's recommended levels. 6. Any electronic changeable copy must be monochromatic. The sign must utilize a dark background with only the message or image lit in a single color. 7. Permit application for electronic changeable copy signs must include a copy of the manufacturer's operating manual, including any recommended standards for brightness and other display operatior~s. 8. For electronic changeable copy signs, whether the sign is programmed from the site or from a remote location, the computer interface that programs the sign shall be made available to the Building Official, or designee, for inspection upon request. If the computer interface is not immediately available, ithe sign shall cease operation until such program can be provided. SECTION V. REPEALER. Alliordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILIT~. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such iadjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this i day of ,2005. MAYOR ATTEST: CITY CLERK Approved by City Att(~rr~ey'~ Offic~e Ordinance No. Page __ It was moved by ~ and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilbum First Consideration 3/1/~)5 Voteforpassage: AYES: Wilburn, Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published Prepared by: Robed Miklo, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ04-00017) ORDINANCE NO. AN ORDINANCE TO REZONE APPROXIMATELY 25.67 ACRES BY AMENDING A PLANNED DEVELOPMENT HOUSING OVERLAY - LOW DENSITY SINGLE-FAMILY RESIDENTIAL (OPDH-5) PLAN IN ORDER TO ALLOW ADDITIONAL ZERO-LOT LINE DWELLINGS FOR PROPERTY LOCATED ON WINTERGREEN DRIVE WHEREAS, the owner, Thilrd Street Partners, has requested a rezoning to amend a previously approved Planned Development Housing Overlay for portions of the Village Green South Development; and WHEREAS,. the approval of! the amended OPDH plan will allow an increase in development density; and WHEREAS, the Planning anld Zoning Commission has reviewed the proposed amendments and has recommended approval providedi that the OPDH plan address concerns about neighborhood compatibility; and WHEREAS, the Planning and Zoning Commission has recommended that the plan include: A minimum 7-foot front yard setback for Lots 85 to 102 and Lots 111 to 130; The front yard area must be landscaped with shrubs and a fence as illustrated on the OPDH plan; Lots 65 to 84 and 131 to 134 must be a mixture of models Al, A2 and B; IdentiCal combinations of zero-lot lines must not be repeated on adjacent lots; The median between driveways must be landscaped with a hedge as illustrated on the OPDH plan; Where two driveways are located together, they will be tapered to minimize front yard paving; The final landscaping plan be approved with the final OPDH plan; Landscaping on outlots must be installed prior to the issuance of an occupancy permit for any of the lots; For individual lots, landscaping be required when the occupancy permit is issued for that particular building or prior to. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL T~e Planned Development Housing Overlay plan for the property described below is hereby amended: Beginning at the Southeast corner of Village Green South Part Two, in accordance wit,h, the Plat thereof recorded in Book 18, at Page 67, of the records of the Johnson County Recorders Office; Thence N00°47'13"E, along the Easterly lil~e of said Village Green South Part Two, 988.7 feet, to the Northeast corner thereof and a point on the Southerlly line of Village Green Part XII, in accordance with the Plat thereof recorded in Book 32, at Page 313, of the r~cords of the Johnson County Recorder's Office; Thence N89°57'00"E, along the Southerly line of said VillageiGreen Pad XII, a distance of 174.8 feet, to the Southeast corner thereof; Thence N00°03'00"W, along the Easterly line of said Village Green Part Xll, 84.8 feet; Thence N08°58'49"E, along said Easterly line, 136.9 fee~; Thence N39°29'01"E, along said Easterly line, 112.9 feet, to its intersection with the Southerly Right-of-Way lithe of Village Road; Thence Southeasterly, along said Southerly Right-of-Way line, 79.8 feet, and a 746.7 foot radius curve, concave Northeasterly, whose 79.7 foot chord bears S53°34'36"E, to its intersectiod with the Westerly Right-of-Way line of Wintergreen Drive; Thence Southeasterly, along said Weste!rly Right-of-Way line, 30.1 feet, and a 20.0 foot radius curve, concave Southwesterly, whose 27.3 foot chord bears S13°30'23"E; Thence S29°37'26"W, along said Westerly Right-of- Way line, 17.8 feet; Thence SouthWesterly, along said Westerly Right-of-Way line, 182.7 feet, and a 295.0 foot radius curve, concave Southeasterly, whose 179.8 foot chord bears S11°52'46"W; Thence S05°51'54"E, along said Westerly Right-of-Way line, i48.0 feet, to a point on the Westerly line of Village Green Part XX, in accordance with the recorded Plait thereof; Thence Southeasterly, along said Westerly line, 87.7 feet, and a 525.4 foot radius curve, conca~ve Northeasterly, whose 87.6 foot chord bears S10°38'47"E; Thence Southwesterly, along said W,eost,e, rly.line, 30.9 feet, and a 20,;0 foot radius curve, concave Northwesterly, whose 27.9 foot chord bears S28 4955W; Thence S16°54'29 E, along said Westerly line, 50.0 feet; Thence Northeasterly, along said Westerly line, 4.6 feet, and a 192.0 foot radius curve, concave Northwesterly, whose 4.6 foot chord bears N72°24'01"EI Thence Southeasterly, along said Westerly line, 29.1 feet, and a 20.0 foot radius curve, concave Southwesterly, whose 26.6 foot chord bears S66°35'50"E; Thence Southeasterly, along the Southwesterly line of said Village Green Part XX, 189.7 feet, and a 525.4 foot radius curve, concave Northeasterly, whose 188.6 foot Chord bears S35°14'41"E; Thence Southeasterly, along said Southwesterly line, 29.6 feet, and a 20.0 foot radibs curve, concave Southwesterly, whose 27.0 foot chord bears SO3°13'O1"E; Thence S39°09'10"W, along said Southwesterly line, a distance of 0.4 feet; Thence S50°50'50"E, along said Southwesterly line, 55.0 feet; Thence Northeasterly, along said Southwesterly line, 29.8 feet, and a 20.0 foot Ordinance No. Page 2 radius curve, concave Southeasterly, whose 27.1 foot chord bears N81°47'1 I"E; Thence Southeasterly, along said Southwesterly line, 223.3 feet, and a 525.4 foot radius curve, concave Northeasterly, whose 221.6 foot chord bears S67°45'24"E, to the iSoutheast corner thereof, and a point on the Westerly line of Village Green Part XIX; Thence S10°04'01"W, along said Westedy line, 98.2 feet, to the Southwest corner thereof, and the Northwest corner of Village Green South Part 4B, in accordance with the Plat thereof recorded in Book 34, at Page 41, of the records of the J(bhnson County Recorder's Office; Thence S00°34'35"W, along the Westerly line of said Village Green South Part 4B, 93.4 feet; Thence S52°21'37"E, along said Westerly line, 39.9 feet; Thence S22°38'14"W, along said Westerly line, 128.1 feet; Thence S14°51'41"E, along said Westerly line, 112.0 feet; Thence S52°21'37"Ei along the Southerly line of said Village Green South Pad 4B, 112.0 feet; Thence S89°51'32"E, along saidl Southerly line, 112.0 feet; Thence N52°38'33"E, along said Southerly line, 84.7 feet; Thence N26°51'20"Ei along said Southerly line, 118.6 feet; Thence S63°08'40"E, along said Southerly line, 30.0 feet; Thence S26°51'20"W, along said Southerly line, 125.0 feet; Thence S63°08'40"E, along said Southerly line, 45.0 feet, to the Northwest corner of Village Green South Part 4A, in accordance with the Plat thereof recorded in Book 34, at Page 40, of the records of the Johnson County Recorder's Office; Thence S15°29'02"W, along the Westerly line of said Village Green South Part 4A, 82.4 feet; Thence S60°29'42"W, along said Westerly line, 57.7 feet; Thence S22°59'47"W, along said Westerly line, 115.4 feet; Thence S14°30'08"E, along saidi Westerly line, 115.4 feet; Thence S52°00'04"E, along the Southerly line of said Village Green South Part 4A~ 108.4 feet; Thence S85°12'19"E, along said Southerly line, 88.8 feet; Thence S74°38'34"E, along said Southerly line, 239.8 feet; Thence N03°42'40"W, along said Southerly line, 135.1 feet; Thence Northeasterly, along said Southerly line, 24.4 feet, and a 150.0 foot radius curve, concave Northwesterly, whose 24.4 foot Chord bears N81°37'34"E; Thence S13°02'12"E, along said Southerly line, 129.9 feet; Thence N61°42'07"E,ialong said Southerly line, 232.5 feet, to the Southeast corner thereof, and a point on the Westerly Right-of-Way line of Scott Boulevard; Thence S00°50'33"W, along said Westerly Right-of- Way line, 600.5 feet, to its intersection with the Northerly Right-of-Way line of Iowa Interstate Railway; Thence N61°00'36", along said NortherlyiRight-of-Way line, 1878.5 feet, to said POINT OF BEGINNING. Said Parcel of land contains 25.67 acres, and is subject to easements and restrictions of record. SECTION I1. VARIATIONS The following variations from the underlying Low Density Single-Family (RS-5) zone are being approved as part of this Planned Development Housing Overlay approval: a. Minimum lot area, and lot width requirements are being reduced for Lots 65-102 and Lots 111-134 as shown on the Planned Developn ~ent Housing Overlay plan; b. Maximum building coverage is being increased for Lots 85-102 and Lots 111-130; c. Minimum front yard setback,, are reduced from 20 feet to 7 feet for Lots 85-102 and Lots 111-130; d. Zero lot line attached dwelli gs are being permitted in the RS-5 zone which does not allow attached units. I SECTION III. ZONING MAI'. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa iity, Iowa, to conform to this amendment upon the final passage, approval and publication of this Ordinanc; by law. SECTION IV. CERTIFIGi,TION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance and a copy of the amended OPDH Plan for this property, and record the same in the Office Of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed~ SECTION VI. SEVERABIL~TY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, st~ch 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 VII. EFFECTIVE[DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided bylaw. Passed and approved this i day of ,20 MAYOR ATTEST: CITY CLERK Approved by City ~,'tto~r{~'s Office- 03-0'[ -05 Robert D. Mickelson L.S. (R¢lircd) MMS CONSULTANTS, , INC· [ 8~ ] Larry R. SchnittjerChlistopher M. Stepha~ P.E.A'S'L'A' 1917 S. GILBERT STREET · IOWA CITY ° IOWA 52240-4363 GlenD. Meisner P.L.S. & P.E. Ronald L. Amelon P.E OFFICE: 319-351-8282 ° FAX: 319-351-8476 JamesE. Lichly P.L.S. l~a~ q~l~ll~t~(~lq~l I1TANITR.Iql~T Duane A. Musser A,S.L.A. E-MAlL: Randy L. Williams MC.P. Paul V Anderson P.E. Edward H. Brinton P.E Kelly J. B¢ckler P.E. Lucas C. Newton A.S.L.A. Mark A. Stein P.LS. Ca~ J. Solberg P.E. Scott B. Pottorff P.E. Febmary 23, 2005 Mr. Bob Miklo City of Iowa City Planning Department 410 E. Washington Street Iowa City, Iowa 52240 Re: Village Green, Parts 23 & 24 Dear Bob: , I am writing on behalf of the d{veloper of Village Green, Parts 23 and 24 to request that the City Council defer action on the Preliminary Plat and OPDH Plan for an indefinite period. The developer has chosen to re-examine the plan and present a revised plan to the Planning and Zoning Commission for approyal. Respectfully Submitted: MMS Consultants, Inc. Paul V. Anderson Cc: Bill Frantz Mark Danielson T:\6300\6300017\6300017L02.doc PROTEST OF REZONING TOi HONORABLE MAYOR ANO CiTY COUNCIL ! IOWA CITY, IOWA Wei the undersigned, being the owners of twenty percent or more of the area of the property inclladed in the proposed zoning change, or the owners of twenty percent or more of the property which is located with n two hundred feet of the exterior boundaries of the property for whi~ch the zoning change is proposed, do hereby protest the rezontng of the fol owing property: Thi petition is signed and acknowledged by each of us with the intention that such rezonlng sh~l not become effective except by the favorable vote of at least three-fourths of all the me~'nbers of the council, all In accordance with §414.5 of the Code of Iowa. STATE OF IOWA ) ) JOHNSON COUNTY ) On th s '..~'C~)day of Fe.~r~u.u , ZOo._%, before me, the undersigned, a Notary Public in and for !said Count,/and State, personally appeared ~"-/.~'/5 ~ffcT:~;,rt a.nd --/~'~.-~, A~. fi~/~__a~/ to me known to be the identical persons named in and who exdcuted the within/and foregoing Instrument and acknowledged that they executed the sam as iheir voluntary act and dead. ~ Owner(s) of ~.~ ,) Property Address J_ On!this/~"Mday of .~g~/.~_, 20.~.~z_, before me, ~e, und,~r, sig?ed, a ~t'aty Frubhc in an. for said County_and;State,>ersonally;appeared _-/~'-.~'-,~fl.~Pca~cal o~l o¢~ersons>r~amed ~nn and wa~lo° ¢~t,~-~./~/'~.. ~-,~ to me known to be the identica p executed 'the wiCd~n and foregoing instrument and acknowledged that they executed the same as[their voluntary act and deed. Notary Pub c in and-To[ [i~u State of Iowa PROTEST OF REZONING TO: H~)NORABLE MAYOR AND CITY COUNCIL IQWA CITY, IOWA We, the ~Jnderslgned, being the owners of twenty percent or more of the area of the property uded in the ro osed zoning change, or the owners of twenty percent or more of ~e incl / ~ . . P. p ............ ._~,~.~.~ ~o=t of the exterior boundaries of the property tor e nicn Is ioca[ea w~nln [wu HUH,~/~ -~ · * . ~c~r~oning change is pro .p~sed, do hereby protest the rezomng of the follow,ng property. This pelion is signed and acknowledged by each of us with the intention that such rezoning shall no~ become effective except by the favorable vote of at least three-fourths of all the member~ of the council, all in accordance with §414.5 of the Code of Iowa. // C~,Nne~(s) of Property Address -~> ? .~i -Ti .ii STATE c,F ~OWA ) ~:;~-~ -~ ,,.~ JOHNSC N COUNTY ) ~' -- On this: -~r~day of ~"~:~.~r~, 20~.~, before ~the undersigned, a Notary Public in and fo[ said ounty'and State, personally appeared [ ¼~o.~ ~.. ~r~r~.~. ':' a.nd ~..[Q_,.~ ,~. ~_~o~_-~. to me known to be the identical persons namea ~n arid who execute~ ~e within and foregoing instrument and acknowledged that they executed the same as their toluntary act and deed. I I .ot Pub i and for the State of By: I (~wner(s) of Property Address STATE = IOWA ) ) ss: JOHNS COUNTY ) On this day of ,20 , before me, the undersigned, a Notary Public in and for said County and State, personally appearedand to me known to be the identical persons named in and who execute. ~ the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed; . Notary Public in and for the State of Iowa PROTEST OF REZONING TO: HONORABLE MAYOR AND CITY COUNCIL ,- IOWA CITY, IOWA We, the undersigned, being ~e owners of ~en~ percent or more of ~e area~'~Re~_. ~pe~ included in the proposed zoning change, or the ownem of ~en~ percent ~ mor~f the prope~ which is Io~ted wi~n ~o hundred feet of the e~edor boundaries of the prope~ for which the zoning change is proposed, do hereby protest ~e rezoning of the following prope~: / This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with §414.5 of the Code of Iowa. Owner(s) of Property AddreSs,/ STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~q-+~ay of ~E;~ ~ r-c~ F~f, 20©5 before me, the undersigned, a Notary Public in and for said County and State, pel~'c~nally appeared ~_:~_-~ I'~. ~--oh~or~ and ............ '---'~' to me known to be the ide~tical persons named in and who executed the within and forego lng instrument and acknowledged that they executed the same as their voluntary act and dee, l. .... ~L~-~'~?'""" KELLIE K T ,~"£~'. I , UT rLE J I~ t~iJ ~_l commission Numbel I'T~X-I ~/.%?~- Notary Public in and for the State of Iowa Owner(s) of Property Addr~e~ STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ~'~day of ~r~(~q F,.~, 20©~, before me,.t~le under, ned, a Nota~ Public in and for said Coun~ and State, pe~fonally appeared~on~ ~. ~i~e~, ~ and ~ ................................. to me known to be the identical persons named in and who executed the within and foregoi 3g instrument and acknowledged that they executed the same as their volunta~ a~ and deec. i"~' KELLIE K. TULLE ¢~'~J Commission Number 221 ~C(,~ ~ J~ ~ ~J My Commission Expirl J~J -~-/~%, . Nota~ Public in and for the State of Iowa Cc ,' PROTEST OF REZONING TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, OWA We, the undersigned, being tt ,e owners of twenty percent or more of the area of the property included in the proposed zo;ting change, or the owners of twenty percent or more of the property which is located withi n two hundred feet of the exterior boundaries of the property for which the zoning change is pr, 3osed, do hereby protest the rezoning of the following property: This petition is signed and acl ;nowledged by each of us with the intention that such rezoning shall not become effective e)cept by the favorable vote of at least three-fourths of all the members of the council, all in accordance with §414.5 of the Code of Iowa. Owner(s) of Property Address ~/ STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 2~ day of ~c~'/~. ,20 O~,, before me,?~..e~under§igned, a Notary Public in and for said County and State, personally appeared ~'-///~ f~'~-~','-~--..._ and .~'~//~' ~z~,d,~..-.._~ to me known to be the identical persons named in and who executed the within and forego ing instrument and acknowledged that they executed the same as their voluntary act and dee !",,~t~ I SONDRA; FORT I ~° ~l~ %1C°n~missi°" Nu~6er 1597911 '.~['J My Commissio~ Expires ~o'T~X-I ~- ?- ~IC I Notary Public in and for the State of Iowa By: Owner(s) of Property Address ~_~; ~;.; STATE OF IOWA ) - SS: JOHNSON COUNTY ) >-~" ;.:,.< ..... .~. On this day of ! , 20 , before me, the undersigned, a Notary Public i~nd for said County and State, personally appeared and ..... ~o me known to 5"~-~'h'~-~d~ p~' n-'~'~'d i~' who executed the within and foregoi0g instrument and ackn°w[edged that they executed the same as their voluntary act and deedt . Notary Public in and for the State of Iowa PROTEST OF REZONING TO: HONORABLE M ~.YOR AND CITY COUNCIL IOWA CITY, IOV~ ~A We, the undersigned, b. ~lng the owners of twenty percent or more .of the area of the property included in the proposed zoning change, or the owners of twenty percent or more of the property which is locate :1 within two hundred feet of the exterior boundaries of the property for which, the zoning chang,~ is proposed, do hereby protest the rezoning of the following property: ! This petition is signed a~.d acknowledged by each of us with the intention that such rezonlng Smhe~mlbnerCts bo~hCemeco~uffnecllC~a~l ;~nXCa~PctorbdYanthc: Jv~tTr~a4bll~.~Cot;! thCfe ~tolde;Sotf tlhorwe:~fourths of all the [(:~mer(s) of '[- - Property Address. - STATE OF IOWA ) ) s: JOHNSON COUNTY ) On this~-V, day of ~-~%: ~., . 2005~, before me, the undersigned, a Notary Public in and for said County and Stat 3, personally appeared -~,~,~ ~ ~X ~ o ~ and ~ %~~ to me knownto bethe Identi~lpemons named in and who executed the ~hin and f.)regoing instrument and acknowledged that they executed the same as their volunta~ a~ ant deed. L/Z~s~o*o~~~ .~ N~ Public In and fo~ t~e Iowa; By: Owner(s) of Property Address STATE OF IOWA ) JOHNSON COUNTY ) ] ..... :-~- .~:, "~'~ loon this day of [ ,20 , before me, the undersigned, a~ry ~lic '~"and r said County and StateI personally appeared ~,~ and [ to me known to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and ~eed.. Notary Public in and for the State of Iowa QA PROTEST OF REZONING TO: HONORABLE MAYOR ,ND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of twenty percent or more of the area of the property included in the proposed zonlng change, or the owners of twenty percent or more of the property which is located withiqtwo hundred feet of the extedor boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: This petition is signed and ack owledged by each of us with the intention that such rezoning shall not become effective ex¢ apt by the favorable vote of at least three-fourths of all the members of the council, all in accordance with §414.5 of the Code of Iowa. By: ,;;~.Z/~'r'~'~ ~--~, ~~' Owner(s) of Property A~ress STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~ ~ day of F~-J0,'~)' , 20 o~, before me,, ~e undersigned, a Notary, Public in and for said County and State, peJ~ ~onally appeared L//E4 o ~, c ~ r ~_ ~3 it k, and to me known to be the identical persons named in and who executed the within and foregoi lg instrument and acknowledged that they executed the same as their voluntary act and deecl . Notary Publi(~ in for the State of Iowa By: Owner(s) of Property Address C:) ..... STATE OF IOWA ) ::~:~,~, ) ss: - JOHNSON COUNTY ) .'-"~ On this day of ,20 ,beforo me, the undersigned, a Notary_Public for said County and State, per~ onally appeared .--C:::~,,~,.; -~ and Io me known to be the identical persons narr~ in ar~t-wh~' executed the within and foregoi~ ~g instrument and acknowledged that they executed tN~same as their voluntary act and deed, Notary Public in and for the State of Iowa Prepared by: Mitchel T. Behr, Asst. City Attorney, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14 ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 3, "CITY UTILITIES," ARTICLE G, "STORMWATER COLLECTION, DISCHARGE AND RUNOFF," TO CREATE AN ILLICIT DISCHARGE AND CONNECTION STORMWATER ORDINANCE. WHEREAS, the City of Iowa City, since its incorporation, has constructed a stormwater infrastructure with point source and non-point source discharges into the Iowa River and the six major creeks; and WHEREAS, the City stormwater infrastructure carries stormwater runoff either directly or indirectly from properties within the City to the Iowa River; and WHEREAS, the Iowa River, the major creeks, and the City's stormwater infrastructure are available for stormwater and ground water discharges; and WHEREAS, the City incurs costs to monitor, maintain, replace, and improve its stormwater infrastructure; and WHEREAS, the City is now required to have a national pollutant discharge elimination system (NPDES) permit to operate and maintain its stormwater infrastructure and to otherwise protect the waters of the Iowa River and the six major creeks; and WHEREAS, federal law and the City's NPDES permit require that the City adopt an Illicit Discharge Prohibition Ordinance that prohibits anything other than stormwater, allowable non- stormwater and pollutants for which an NPDES permit has been issued and when the discharge is in compliance with the permit from entering the City's stormwater system; and WHEREAS, the City now desires an Illicit Discharge Prohibition Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That Title 14, Chapter 3, City Utilities, Article G of the Code of Ordinances of the City of Iowa City, Iowa is hereby amended by adding the following Section 14-3G-11, entitled "Illicit Discharge and Connection Stormwater Ordinance": 14-3G-11 ILLICIT DISCHARGE AND CONNECTION STORMWATER ORDINANCE A. Purpose and Intent. The purpose of this ordinance is to provide for the health, safety, and general welfare of the citizens of the City of Iowa City and the state of Iowa through the regulation of non-stormwater discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. This ordinance establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this ordinance are: (1) To regulate the contribution of pollutants to the municipal separate storm sewer system (MS4) by stormwater discharges by any user (2) To prohibit Illicit Connections and Discharges to the municipal separate storm sewer system (3) To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this ordinance B. Definitions. For the purposes of this ordinance, the following shall mean: Authorized Enforcement A.qency: employees or designees of the director of the Iowa City Public Ordinance No. Page 2 Works Department. Best Management Practices (BMPs): schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. Clean Water Act: The federal Water Pollution Control Act (33 U.S.C. ' 1251 et seq.), and any subsequent amendments thereto. Construction Activity: Activities subject to NPDES Construction Permits. These include construction projects resulting in land disturbance of equal to or greater than the threshold established by NPDES permit. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition. Discharge: The release of water and any elements, compounds and particles contained within or upon, from property owned or controlled by a person. Hazardous Materials: Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Ille.qal Discharge: Any direct or indirect non-stormwater discharge to the storm drainage system, except as exempted this ordinance. Illicit Connections: An illicit connection is defined as either of the following: Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drainage system including but not limited to any conveyances which allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the storm drainage system and any connections to the storm drainage system from indoor drains and sinks that are located under roof with walls and not subject to stormwater runoff, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency or; Any drain or conveyance connected from a commercial or industrial land use to the storm drainage system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency or NPDES permit. Industrial Activity: Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14), as amended. National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit: means a permit issued by EPA (or by a State under authority delegated pursuant to 33 USC ' 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis. Non-Stormwater Discharge: Any discharge to the storm drainage system that is not composed entirely of stormwater or groundwater. Person: means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent. Pollutant: Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. Premises: Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. Storm Drainage System: Publicly-owned or maintained facilities by which stormwater is Ordinance No. Page 3 collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures. Stormwater: Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation. Stormwater Pollution Prevention Plan (SWPP): A document which describes the Best Management Practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to Stormwater, Stormwater Conveyance Systems, and/or Receiving Waters to the Maximum Extent Practicable. .VVastewater: means any water or other liquid, other than uncontaminated stormwater, discharged from a facility. Watercourse: ^ natural overland route through which water passes, including drainage courses, streams, creeks, and rivers. C. Applicability. This ordinance shall apply to all water entering the storm drainage system generated on any developed and undeveloped lands unless explicitly exempted by the authorized enforcement agency. D. Responsibility and Administration. The authorized enforcement agency shall administer, implement, and enforce the provisions of this ordinance. Any powers granted or duties imposed upon the authorized enforcement agency may be delegated in writing by the Director of the authorized enforcement agency to persons or entities acting in the beneficial interest of or in the employ of the agency. E. Severability. The provisions of this ordinance are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this Ordinance or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this Ordinance. F. Ultimate Responsibility. The standards set forth herein and promulgated pursuant to this ordinance are minimum standards; therefore this ordinance does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants. G. Dischar,qe Prohibitions. Prohibition of Ille,qal Discharges. No person shall discharge or cause to be discharged into the municipal storm drainage system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater. The commencement, conduct or continuance of any illegal discharge to the storm drainage system is prohibited except as described as follows: 1. The following discharges are exempt from discharge prohibitions established by this ordinance: water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, non-commercial washing of vehicles, concrete truck washout, natural riparian habitat or wet-land flows, swimming pools (if dechlorinated - typically less than one PPM chlorine), fire fighting activities, exterior Ordinance No. Page 4 building washwaters when no detergent or other surfactants are used, pavement washwaters where no spills or leaks of toxic or hazardous materials have occurred and when no detergents or other surfactants are used, and any other water source not containing Pollutants. 2. Discharges specified in writing by the authorized enforcement agency as being necessary to protect public health and safety. 3. Dye testing is an allowable discharge, but requires a verbal notification to the authorized enforcement agency prior to the time of the test. 4. The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency or Iowa Department of Natural Resources, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drainage system. 5. Discharges from University of Iowa property or facilities covered by the University of Iowa's NPDES permit. Prohibition of Illicit Connections. 1. The construction, use, maintenance or continued existence of illicit connections to the storm drainage system is prohibited. 2. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. 3. A person is considered to be in violation of this ordinance if the person connects a line conveying sewage to the MS4, or allows such a connection to continue. H. Suspension of MS4 Access. Suspension due to Illicit Discharges in Emergency Situations The authorized enforcement agency may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or Waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the authorized enforcement agency may take such steps as deemed necessary to prevent or minimize damage to the MS4 or Waters of the United States, or to minimize danger to persons. Suspension due to the Detection of Illicit Discharge Any person discharging to the MS4 in violation of this ordinance may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The authorized enforcement agency will notify a violator of the proposed termination of its MS4 access. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this Section, without the prior approval of the authorized enforcement agency. I. Industrial or Construction Activity Dischar.qes. Any person subject to an industrial or construction activity NPDES Iowa Department of Natural Resources stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the authorized enforcement agency prior to the allowing of discharges to the MS4. Ordinance No. Page 5 1. Notice of Intent (NOI) Submittal. The operator of a facility, including construction sites, required to have an NPDES permit to discharge stormwater associated with such activity, shall submit a copy of the Notice of Intent (NOI) to the authorized enforcement agency at the same time the operator submits the original (NOI) to the Iowa Department of Natural Resources (IDNR) and EPA as applicable. The copy of the Notice of Intent may be delivered to the authorized enforcement agency either in person or by mailing to: NOI to Discharge Stormwater City Hall - Engineering Division 410 E. Washington St. Iowa City, IA 52240 2. Notice of Intent (NOI) Offense. A person commits an offense if the person operates a facility that is discharging stormwater with industrial or construction activity without having submitted a copy of the Notice of Intent to do so to the authorized enforcement agency. J. Compliance Monitorinq. 1. Applicability. This section applies to all facilities that have stormwater discharges associated with industrial or construction activity. 2. Access to Facilities. (a) The authorized enforcement agency shall be permitted to enter and inspect facilities subject to regulation under this ordinance as often as may be necessary to determine compliance with this ordinance. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the authorized enforcement agency. (b) Facility operators shall allow the authorized enforcement agency ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law. (c) The authorized enforcement agency shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the authorized enforcement agency to conduct monitoring and/or sampling of the facility's stormwater discharge. (d) The authorized enforcement agency has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy. (e) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the authorized enforcement agency and shall not be replaced. The costs of clearing such access shall be borne by the operator. (f) Unreasonable delays in allowing the authorized enforcement agency access to a permitted facility is a violation of this ordinance. A person who is the operator of a facility with a NPDES permit to discharge stormwater associated with industrial activity commits an offense if the person denies the authorized enforcement agency reasonable access Ordinance No. Page 6 to the permitted f.acility for the purpose of conducting any activity authorized or required by this ordinance. (g) If the authorized enforcement agency has been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this ordinance or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the authorized enforcement agency may seek issuance of a search warrant from any court of competent jurisdiction. K. Use of Best Manaqement Practices. Authorized enforcement agency will adopt requirements identifying Best Management Practices for any activity, operation, or facility which may cause or contribute to pollution or contamination of stormwater, the storm drainage system, or waters of the U.S. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drainage system or watercourses through the use of these structural and non-structural BMPs. Further, any owner, operator, tenant, or person responsible for a property or premise, which is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section. These BMPs shall be part of a stormwater pollution prevention plan (SWPP) as necessary for compliance with requirements of the NPDES permit. L. Watercourse Protection. Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. M. Notification of Spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the storm drainage system, or water of the U.S. said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the authorized enforcement agency in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the authorized enforcement agency within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. N Enforcement. Whenever the authorized enforcement agency finds that a person has violated a prohibition or Ordinance No. Page 7 failed to meet a requirement of this Ordinance, the authorized enforcement agency may order compliance by written notice of violation to the responsible person. Such notice may require without limitation: 1. The performance of monitoring, analyses, and reporting; 2. The elimination of illicit connections or discharges; 3. That violating discharges, practices, or operations shall cease and desist; 4. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; and 5. The implementation of source control or treatment BMPs. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. O. Injunctive Relief. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Ordinance. If a person has violated or continues to violate the provisions of this ordinance, the authorized enforcement agency may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. P. Violations Deemed a Public Nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this Ordinance is a threat to public health, safety, and welfare, and is declared and deemed a public nuisance, and may be summarily abated or restored in accordance with applicable law, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance maybe taken. Q. Violations and Penalties. Violation of this Illicit Discharge and Connection Stormwater Ordinance shall be punishable as a municipal infraction or environmental infraction as provided for in subsection 1-4-2D of the city code. P,. Remedies Not Exclusive. The remedies listed in this ordinance are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the authorized enforcement agency to seek cumulative remedies. 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 unconsti- tutional. Ordinance No. Page 8 SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this __ day of ,20 MAYOR ATTEST: CITY CLERK Approved by City Attbr~'e~s Oftlce Pweng/ord/MTB Ord,doc Ordinance No. Page __ It was moved by and seconded by. that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn First Consideration 3/1/05 Voteforpassage: AYES: Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn, Bailey. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published Prepared by: Eleanor M. Dilkes, City Attomey, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 05-4152 ORDINANCE AMENDING THE IOWA CITY CHARTER, CHAPTER 1 (DEFINITIONS) AND SECTIONS 2.03 (ELIGIBILITY), 2.05 (COMPENSATION), 2.11 (COUNCIL ACTION), 2.12 (PROHIBITIONS), 3.01 (NOMINATION), 3.02 (PRIMARY ELECTION), 4.03 (ABSENCE; DISABILITY OF CITY MANAGER), 4.04 (DUTIES OF CITY MANAGER), 5.02 (APPOINTMENT; REMOVAL), 5.03 (RULES), 6.02 (DISCLOSURE OF CONTRIBUTIONS AND EXPENDITURES), 6.03 (DEFINITION), 6.04 (VIOLATIONS), 7.01 (GENERAL PROVISIONS), 7.02 (COMMENCEMENT OF PROCEEDINGS; AFFIDAVIT), 7.03 (PETITIONS; REVOCATION OF SIGNATURES), 7.04 (PROCEDURE AFTER FILING), 7.05 (ACTION ON PETITIONS), 7.06 (RESULTS OF ELECTION), 8.01 (CHARTER AMENDMENTS), AND 8.02 (CHARTER REVIEW COMMISSION) AS RECOMMENDED BY THE CHARTER REVIEW COMMISSION. WHEREAS, the Iowa City Charter provides for the establishment of a Charter Review Commission at least once every ten (10) years; WHEREAS, the City Council did appoint a nine (9) member Commission to review the Charter on March 16, 2004 in Resolution No. 04-88; WHEREAS, the Charter Review Commission met twenty-four (24) times to review the Charter and held three (3) public hearings; WHEREAS, the Charter Review Commission made its recommendations to Council on January 18, 2005; and WHEREAS, it is in the best interest of the City to adopt said recommendations. NOW, THEREFORE, BE IT ORDAINED BY THE CI'TY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS 1. The "Definition" provision in the Charter is hereby amended by repealing the definition of "ordinance" and adding the following new definition: "Ordinance" means a City law of a general and permanent nature. 2. The "Definition" provision of the Charter is hereby amended by repealing the definition of "measure" and adding the following new definition: "Measure" except as provided in Article VII, means an ordinance, amendment, resolution or motion. 3. Article II, entitled "City Council," Section 2.03, entitled "Eligibility," is hereby amended by repealing 2.03 in its entirety and adding the following new Section 2.03: To be eligible to be elected to and to retain a Council position, a person must be an eligible elector of Iowa City, and if seeking or elected to represent a Council District, must be an eligible elector of that Council District. 4. Article II, entitled "City Council," Section 2.05, entitled "Compensation," is hereby amended by repealing 2.05 in its entirety and adding the following new Section 2.05: The Council, by ordinance, shall prescribe the compensation of the Mayor and the other Council members. The Council shall not adopt such an ordinance during the months of November and December immediately following a regular City election. 5. Article II, entitled "City Council," Section 2.11, entitled "Council action," is hereby amended by repealing 2.1 lin its entirety and adding the following new Section 2.11: Passage of an ordinance, amendment or resolution requires a majority vote of all the members of the Council except as otherwise provided by State law. 6. Article II, entitled "City Council," Section 2.12, entitled "Prohibitions," Paragraph B is hereby amended by repealing B in its entirety and adding the following new Paragraph B: B. With the exception of the appointment of the chief of the police department and chief of the fire department, which are subject to approval of the City Council, neither the Council nor its members may dictate, in any manner, the appointment or removal of any person appointed by the City Manager. However, the Council may express its views to the City Manager pertaining to the appointment or removal of such employee. Ordinance No. 05-4152 Page 2 7. Article I11, entitled "Nomination, Primary Election and Regular Election," Section 3.01, entitled "Nomination," Paragraph A is hereby amended by repealing Paragraph A in its entirety and adding the following new Paragraph A: A. An eligible elector of a council district may become a candidate for a council district seat by filing with the City Clerk a valid petition requesting that his or her name be placed on the ballot for that office. The petition must be filed not more than sixty-five (65) days nor less than forty (40) days before the date of the election and must be signed by eligible electors from the candidate's district equal in number to at least two (2) percent of those who voted to fill the same office at the last regular city election, but not less than ten (10) persons. 8. Article III, entitled "Nomination, Primary Election and Regular Election," Section 3.02, entitled "Primary Election," Paragraph A is hereby amended by repealing Paragraph A in its entirety and adding the following new Paragraph A: A. If there are more than two candidates for a Council District seat, a primary election must be held for that seat with only the qualified electors of that Council District eligible to vote. The names of the two candidates who receive the highest number of votes in the primary election are to be placed on the ballot for the regular City election as candidates for that Council seat. 9. The title to Section 4.03 of Article IV is hereby amended by repealing the title in its entirety and adding the following new title to Section 4.03: Absence; disability of City Manager. 10. The title to Section 4.04 of Article IV is hereby amended by repealing the title in its entirety and adding the following new title to Section 4.04: Duties of City Manager 11. Article IV, entitled "City Manager," Section 4.04, entitled "Duties of city manager," Paragraph A is hereby amended by repealing Paragraph A in its entirety and adding the following new Paragraph A: A. The City Manager shall be chief administrative officer of the City and shall: (1) Insure that the laws of the City are executed and enforced. (2) Supervise and direct the administration of City government and the official conduct of employees of the City appointed by the City Manager including their employment, training, reclassification, suspension or discharge as the occasion requires, subject to State law. (3) Appoint the chief of the police department and the chief of the fire department with the approval of the City Council. (4) Supervise the chief of the police department and chief of the fire department, including their suspension or discharge as the occasion requires. Such supervision shall not be subject to approval of the City Council. (5) Appoint or employ persons to occupy positions for which no other method of appointment is provided by State law or this Charter. (6) Supervise the administration of the City personnel system, including the determination of the compensation of all City employees appointed by the City Manager subject to State law or this Charter. (7) Supervise the performance of all contracts for work to be done for the City, supervise all purchases of materials and supplies, and assure that such materials and supplies are received and are of specified quality and character. (8) Supervise and manage all public improvements, works and undertakings of the City, and all City-owned property including buildings, plants, systems, and enterprises, and have charge of their construction, improvement, repair and maintenance except where otherwise provided by State law. (9) Supervise the making and preservation of all surveys, maps, plans, drawings, specifications and estimates for the City. (10) Provide for the issuance and revocation of licenses and permits authorized by State law or City ordinance and cause a record thereof to be maintained. (11) Prepare and submit to the Council the annual budgets in the form prescribed by State law. (12) Provide the Council an itemized written monthly financial report. (13) Attend Council meetings and keep the Council fully advised of the financial and other conditions of the City and its needs. (14) See that the business affairs of the City are transacted in an efficient manner and that accurate records of all City business are maintained and made available to the public, except as otherwise provided by State law. (15) Provide necessary and reasonable clerical, research and professional assistance to Boards Ordinance No. 0,5-4152 Page 3 within limitations of the budget. (16) Perform such other and further duties as the Council may direct. 12. Article V, entitled "Boards, Commission and Committees," Section 5.02, entitled "Appointment; removal," is hereby amended by repealing Section 5.02 in its entirety and adding the following new Section 5.02: The Council shall, subject to the requirements of State law, seek to provide broad representation on all Boards. The Council shall establish procedures to give at least thirty days' notice of vacancies before they are filled and shall encourage applications by citizens. Council procedures for the removal of members shall be consistent with State law. 13. Article V, entitled "Boards, Commission and Committees," Section 5.03, entitled "Rules," is hereby amended by repealing Paragraph A in its entirety and adding the following new Paragraph A: A. The Council shall establish rules and procedures for the operation of all Boards, which must include but are not limited to, the adoption of by-laws and rules pertaining to open meetings and open records. 14. Article VI, entitled "Campaign Contributions and Expenditures," Section 6.02, entitled "Disclosure of contributions and expenditures," is hereby amended by repealing Section 6.02 in its entirety and adding the following new Section 6.02: The Council, by ordinance, may prescribe procedures requiring the disclosure of the amount, source and kind of contrib~Jtions received and expenditures made by (1) each candidate for election to Council and (2) any and all other persons, for the purpose of aiding or securing the candidate's nomination or election. 15. Article VI, entitled "Campaign Contributions and Expenditures," Section 6.03, entitled "Definition," is hereby amended by repealing Section 6.03 in its entirety and adding the following new Section 6.03: Within this article "contribution" shall be defined as that term is defined in Chapter 56 ("Campaign Finance") of the Code of Iowa. 16. Article VI, entitled "Campaign Contributions and Expenditures," Section 6.04, entitled '¥iolations," is hereby amended by repealing Section 6.04 in its entirety and adding the following new Section 6.04: The Council, by ordinance, shall prescribe: (1) penalties for the violation of the contribution limitations and disclosure requirements it establishes pursuant to this section; and (2) when appropriate, conditions for the revocation of a candidate's right to serve on Council if elected, consistent with State law. 17. Article VII, entitled "Initiative and Referendum," Section 7.01, entitled "General provisions," is hereby amended by repealing Section 7.01 in its entirety and adding the following new Section 7.01: A. Authority. (1) Initiative. The qualified electors have the right to propose measures to the Council and, if the Council fails to adopt a measure so proposed without any change in substance, to have the measure submitted to the voters at an election. (2) Referendum. The qualified electors have the right to require reconsideration by the Council of an existing measure and, if the Council fails to repeal such measure, to have it submitted to the voters at an election. (3) Definition. Within this article, "measure" means all ordinances, amendments, resolutions or motions of a legislative nature, however designated, which (a) are of a permanent rather than temporary character and (b) include a proposition enacting, amending or repealing a new or existing law, policy or plan, as opposed to one providing for the execution or administration of a law, policy or plan already enacted by Council. B. Limitations. (1) Subject matter. The right of initiative and referendum shall not extend to any of the following: (a) Any measure of an executive or administrative nature. (b) The City budget. (c) The appropriation of money. (d) The levy of taxes or special assessments. (e) The issuance of General Obligation and Revenue Bonds. (f) The letting of contracts. (g) Salaries of City employees. (h) Any measure required to be enacted by State or federal law. (i) Amendments to this Charter. Ordinance No. 05-4152 Page 4 (j) Amendments affecting the City Zoning Ordinance or the land use maps of the Comprehensive Plan, including the district plan maps. (k) Public improvements subsequent to City Council action to authorize acquisition of property for that public improvement, or notice to bidders for that public improvement, whichever occurs earlier. "Public improvement" shall mean any building or construction work. (2) Resubmission. No initiative or referendum petition shall be filed within two years after the same measure or a measure substantially the same has been submitted to the voters at an election. (3) Council repeal, amendment and reenactment. No measure proposed by initiative petition and adopted by the vote of the Council without submission to the voters, or adopted by the voters pursuant to this article, may for two years thereafter be repealed or amended except by a vote of the people, unless provision is otherwise made in the original initiative measure. No measure referred by referendum petition and repealed by the vote of the Council without submission to the voters, or repealed by the voters pursuant to this article, may be reenacted for two years thereafter except by vote of the people, unless provision is otherwise made in the original referendum petition. C. Construction. (1) Scope of power. It is intended that this article confer broad initiative and referendum powers upon the qualified electors of the City. (2) Initiative. It is intended that (a) no initiative petition will be invalid because it repeals an existing measure in whole or in part by virtue of proposing a new measure and (b) an initiative petition may amend an existing measure. (3) Referendum. It is intended that a referendum petition may repeal a measure in whole or in part. D. Effect of filing petition. The filing of an initiative or referendum petition does not suspend or invalidate any measure under consideration. Such measure shall remain in full force and effect until its amendment or repeal by Council pursuant to Section 7.05A or until a majority of the qualified electors voting on a measure vote to repeal or amend the measure and the vote is certified. E. City obligations. An initiative or referendum vote which repeals an existing measure in whole or in part does not affect any obligations entered into by the City, its agencies or any person in reliance on the measure during the time it was in effect. 18. Article VII, entitled "Initiative and Referendum," Section 7.02, entitled "Commencement of proceedings; affidavit," is hereby amended by repealing Section 7.02 in its entirety and adding the following new Section 7.02: A. Commencement. One or more qualified electors, hereinafter referred to as the "petitioners," may commence initiative or referendum proceedings by filing with the City Clerk an affidavit stating they will supervise the circulation of the petition and will be responsible for filing it in proper form, stating their names and addresses and specifying the address to which all relevant notices are to be sent, and setting out in full the proposed initiative measure or citing the measure sought to be reconsidered. B. Affidavit. The City Clerk shall accept the affidavit for filing if on its face it appears to have signatures of one or more qualified electors. The City Clerk shall issue the appropriate petition forms to the petitioners the same day the affidavit is accepted for filing. The City Clerk shall cause to be prepared and have available to the public, forms and affidavits suitable for the commencement of proceedings and the preparation of initiative and referendum petitions. 19. Article VII, entitled "Initiative and Referendum," Section 7.03, entitled "Petitions; revocation of signatures," is hereby amended by repealing Paragraphs B, C, and E in their entirety and adding the following new Paragraphs B, C, and E: B. Form and content. All papers of a petition prepared for filing must be substantially uniform in size and style and must be assembled as one instrument. Each person signing shall provide, and the petition form shall provide space for, the signature, printed name, address of the person signing and the date the signature is executed. The form shall also provide space for the signer's birthdate, but a failure to enter a birthdate shall not invalidate a signer's signature. Petitions prepared for circulation must contain or have attached thereto throughout their circulation the full text of the measure proposed or sought to be reconsidered. The petition filed with the City Clerk need have attached to it only one copy of the measure being proposed or referred. C. Affidavit of circulator. Each paper of a petition containing signatures must have attached to it when filed an affidavit executed by a qualified elector certifying: the number of signatures on the paper, that he or she personally circulated it, that all signatures were affixed in his or her presence, that he or she believes them to be genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text of the measure proposed or sought to Ordinance No. 05-4152 Pa§e 5 be reconsidered. Any person filing a false affidavit will be liable to criminal penalties as provided by State law. E. Time for filing referendum petitions. Referendum petitions may be filed within sixty days after final adoption by the Council of the measure sought to be reconsidered, or subsequently at any time more than two years after such final adoption. The signatures on a referendum petition must be secured during the sixty days after such final adoption; however, if the petition is filed more than two years after final adoption, the signatures must be secured within six months after the date the affidavit required under Section 7.02A was filed. 20. Article VII, entitled "Initiative and Referendum," Section 7.04 entitled "Procedure after filing," is hereby amended by repealing Paragraphs A, B, and C in their entirety and adding the following new Paragraphs A, B, and C: A. Certificate of City Clerk; amendment. Within twenty days after a petition is filed which contains the minimum required signatures, as set forth in Section 7.03.A above, the City Clerk shall complete a certificate as to the petition's sufficiency. If the petition is insufficient, the Clerk's certificate shall specify the particulars wherein the petition is defective. The Clerk shall also promptly send a copy of the certificate to the petitioners by registered mail. A petition certified insufficient may be amended once, provided, however, that one or more of the original petitioners files a notice of intention to amend the original petition. Such notice must be filed with the City Clerk within two days after receiving a copy of the certificate, and the petitioner also must file a supplementary petition upon additional papers within fifteen days after receiving a copy of such certificate. Such supplementary petition shall comply with the requirements of subsections B and C of Section 7.03. Within fifteen days after a supplementary petition is filed, the City Clerk shall complete a certificate as to the sufficiency of the petition, as amended and supplemented, and shall promptly send a copy of such certificate to the petitioners by registered mail, as in the case of an original petition. If a petition or amended petition is certified sufficient, or if the petition or amended petition is certified insufficient and one or more of the petitioners do not request Council review under subsection B of this Section within the time prescribed, the City Clerk shall promptly present the certificate to the Council. B. Council review. If a petition has been certified insufficient by the City Clerk and one or more of the petitioners do not file notice of intention to amend it, or if an amended petition has been certified insufficient by the City Clerk, one or more of the petitioners may, within two days after receiving a copy of such certificate, file with the City Clerk a request that it be reviewed by the Council. The Council shall review the certificate at its next meeting following the filing of such a request, but not later than thirty days after the filing of the request for review, and shall rule upon the sufficiency of the petition. C. Court review. To the extent allowed by law, Court review of the Council's actions shall be by writ of certiorari. 21. Article VII, entitled "Initiative and Referendum," Section 7.05, entitled "Action on petitions," is hereby amended by repealing Section 7.05 in its entirety and adding the following new Section 7.05: A. Action by council. When an initiative or referendum petition has been determined sufficient, the Council shall promptly consider the proposed initiative measure or reconsider the referred measure. If the Council fails to adopt a proposed initiative measure and fails to adopt a measure which is similar in substance within sixty days, or if the Council fails to repeal the referred measure within thirty days after the date the petition was finally determined sufficient, it shall submit the proposed or referred measure to the qualified electors of the city as hereinafter prescribed. If at any time more than thirty days before a scheduled initiative or referendum election the Council adopts the proposed initiative measure or adopts a measure which is similar in substance or if the Council repeals a referred measure, the initiative or referendum proceedings shall terminate and the proposed or referred measure shall not be submitted to the voters. B. Submission to voters. (1) Initiative. The vote of the City on a proposed measure shall be held at the regular city election or at the general election which next occurs more than forty days after the expiration of the sixty day period provided for consideration in Section 7.05A, provided that the initiative petition was filed no less than 110 days prior to the deadline imposed by state law for the submission of ballot questions to the Commissioner of Elections. (2) Referendum. The vote of the City on a referred measure shall be held at the regular city election or at the general election which next occurs more than forty days after the expiration of the thirty- day period provided for reconsideration in Section 7.05A, provided that the referendum petition was filed no less than 80 days prior to the deadline imposed by state law for the submission of ballot questions to the Commissioner of Elections. The Council may provide for a special referendum election on a referred measure any time more than 120 days after the filing of the referendum petition with the City Clerk. Ordinance No. 0B-4152 Page 6 C. Ballot. Copies of the proposed or referred measure shall be made available to the qualified electors at the polls and shall be advertised at the city's expense in the manner required for "questions" in Section 376.5 of the Iowa Code. The subject matter and purpose of the referred or proposed measure shall be indicated on the ballot. 22. Article VII, entitled "Initiative and Referendum," Section 7.06, entitled "Results of election," is hereby amended by repealing Section 7.06 in its entirety and adding the following new Section 7.06: A. Initiative. If a majority of the qualified electors voting on a proposed initiative measure vote in its favor, it shall be considered adopted upon certification of the election results. The adopted measure shall be treated in all respects in the same manner as measures of the same kind adopted by the Council, except as provided in Section 7.01B(3). If conflicting measures are approved by majority vote at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. B. Referendum. If a majority of the qualified electors voting on a referred measure vote in favor of repealing the measure, it shall be considered repealed upon certification of the election results. 23. Article VIII, entitled "Charter Amendments and Review," Section 8.01, entitled "Charter amendments," is hereby amended by repealing Section 8.01 in its entirety and adding the following new Section 8.01: This Charter may be amended only by one of the following methods: A. The Council, by resolution, may submit a proposed amendment to the voters at a special city election, and the proposed amendment becomes effective when approved by a majority of those voting. B. The Council, by ordinance, may amend the Charter. However, within thirty (30) days of publication of the ordinance, if a petition valid under the provisions of section 362.4 of the Code of Iowa is filed with the council, the Council must submit the amending ordinance to the voters at a special city election, and the amendment does not become effective until approved by a majority of those voting. C. If a petition valid under the provisions of section 362.4 of the Code of Iowa is filed with the Council proposing an amendment to the Charter, the Council must submit the proposed amendment to the voters at a special city election, and the amendment becomes effective if approved by a majority of those voting. 24. Article VIII, entitled "Charter Amendments and Review," Section 8.02, entitled "Charter review commission," is hereby amended by repealing Section 8.02 in its entirety and adding the following new Section 8.02: The Council, using the procedures prescribed in Article V, shall establish a Charter Review Commission at least once every ten years following the effective date of this Charter. The Commission, consisting of at least nine members, shall review the existing Charter and may, within twelve months recommend any Charter amendments that it deems fit to the Council. The Council shall either exercise its power of amendment pursuant to Section 8.01B of the Charter on a matter recommended by the Commission or submit such amendments to the voters in the form prescribed by the Commission, and an amendment becomes effective when approved by a majority of those voting. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III SE-~v'ERABILITY. 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, as provided by law. Pas,,,se~ and approved this 1 st day of Marrh ,2005. CITY GLEEK A~J~~oved by ~'i'ty Attorney's Office Ordinance No. 05-4152 Page 7 It was moved by Bai 1 ey and seconded by t~i 1 hum that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X EIliott X Lehman X O'Donnell X Vanderhoef X Wilburn First Consideration 2/1/05 Voteforpassage: AYES: Baile~,, Champion, Elliott, Lehman, 0'Donnell, Vanderhoef, Wilburn. NAYS: None. ABSENT: None. Second Consideration 2/15/05 Voteforpassage: AYES: Champion, E1]iott, 0'Donne]], Vanderhoef, Wilburn, Baile~'. NAYS: None. ABSENT: Lehman. Date published 3/7/05