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Home My WebLink About1998-08-25 OrdinancePrepared by Melody Rockwell, Assoc. Planner, City of Iowa City, 410 E. Washington, Iowa City, IA 52240; 319~356-5251 ORDINANCE NO. 98-3842 ORDINANCE AMENDING CITY CODE TITLE 14, CHAPTER 6, ENTITLED ~ONING," ARTICLE V, ENTITLED 'MINOR MODIFICATION PROCEDURES," TO ALLOW THE HEIGHT OF FREESTANDING SIGNS TO BE INCREASED UNDER CERTAIN CIRCUMSTANCES WHEREAS, the Zoning Chapter recognizes the need for businesses to have adequate on-site advertising; and WHEREAS, the intent of the Zoning Chapter may not be met when a variation in the topography obscures the visibility of a freestanding sign; and WHEREAS, allowing the height of a freestanding sign to be increased may allow for visibility of the sign, and thereby meet the intent of the Zoning Chapter; and WHEREAS, it is appropriate to allow taller signs along high-speed expressways; and WHEREAS, the minor modification process, an administrative procedure, allows minor adjustments to the Zoning Chapter if proper notice requirements and public interest standards are met. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 14, Chapter 6, Article V, entitled 'Minor Modification Procedures," of the City Code is hereby amended by adding a new subsection 14-6V- 3G to read as follows: G. The permitted height of a freestanding sign may be increased by up to ten feet (10') if the property is within one thousand feet (1,000') of a divided, limited access highway, and there is a difference in topographical elevations between the property and the highway, such that the visibility of the sign from the highway would be obstructed if the sign were limited to the maximum height permitted by ordinance. Ordinance No. Page 2 98-3842 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 All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.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 in effect after its final passage, approval and publication, as provided by law. Passed and approved this 25th day of ATTEST: ~ 9212. ~ CITY CLERK ppadadmin\ord\freestnd .doc Ordinance No. Page 3 98-3842 It was moved by Thornberry and seconded by O~inance as read be adopted, and uponroll callthere wem: AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Vanderhoef that the First Consideration 7/28/98 Vote for passageAYES: Norton, 0'Donnell, Thornberry, Vanderhoef, Champion, Kubby, Lehman. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 9/2/98 Moved by Thornberry, seconded by Vanderhoef, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Norton, O'Donnell, Thornberry, Vanderhoef, Champion, Kubby, Lehman. NAYS: None. ABSENT: None. Prepared by Melody Rockwell, Assoc. Planner, City of Iowa City, 410 E. Washington, Iowa City, IA 52240; 319/356-5251 ORDINANCE NO. 98-3843 ORDINANCE AMENDING CITY CODE TITLE 14, CHAPTER 6, ENTITLED 'ZONING," ARTICLE K, ENTITLED 'ENVIRONMENTAL REGULATIONS," SECTION 1, ENTITLED 'SENSITIVE AREAS ORDINANCE," TO ADD A RETENTION REQUIREMENT FOR WOODLANDS IN FACTORY-BUILT HOUSING RESIDENTIAL (RFBH) ZONES WHEREAS, a purpose of the Sensitive Areas Ordinance is to foster urban design that preserves open space and minimizes disturbance of environmentally sensitive features and natural resources; and WHEREAS, to preserve existing woodland areas in the community, the Sensitive Areas Ordinance provides for the retention a certain percentage of woodlands on properties in Iowa City; and WHEREAS, the Factory-Built Housing Residential (RFBH) zone was inadvertently excluded from the retention requirement provision for woodlands; and WHEREAS, the RFBH zone is considered a single-family residential zone; and WHEREAS, the woodland retention percentage for single-family zones is 50 percent. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 14, Chapter 6, Article K, Section 1, entitled 'Sensitive Areas Ordinance," of the City Code is hereby amended by repealing subsection 14-6Ko1J3a in its entirety, and adding a new subsection 14-6K-1J3a to read as follows: a. Sensitive area development plans and sensitive area site plans required to be submitted under this Section shall delineate all existing woodlands and shall designate all woodlands that are to be protected. The plans shall substantiate Ordinance No. Page 2 98-3843 that woodlands follows: Zone ID, RR-1 RS-5, RS-8, RS-12, RFBH RM-12, RM-20, RM-44, RNC-12, RNC-20 RDP, ORP C and I SECTION II. REPEALER. parts of ordinances. in are being retained as Retention Requirement 70% 50% 20% 20% 10% All ordinances and 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 in effect after its final passage, approval and publication, as provided by law. Passed and approved this 25tt~ay of Auqust ,19 98 c Zy's o' epr0yecl' y pp4:ladmin/ord/rfbhwood.doc Ordinance No. 98-3843 Page 3 It was moved by Norton and seconded by O~inance as mad be adopted, and upon rollcalltherewere: AYES: NAYS: ABSENT: X Champion X Kubby X Lehman x Norton X O'Donnell X Thornberry X Vanderhoef Kubby that the First Consideration 7/9/98 Vote for passage: AYES: Lehman, Norton, 0'Donnell, Thornberry, Vanderhoef, Champion, Kubby. NAYS: None. ABSENT: None. Second Consideration 7/28/98 Vote for passage: AYES: 0' Donnel 1, Thornberry, Vanderhoef, Champion, Kubby, Lehman, Norton. NAYS: Date published 9/2/98 None. ABSENT: None. Prepared by: Bob Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 ORDINANCE NO. 98-3844 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE ZONING DESIGNATION OF 22.2 ACRES OF LAND FROM PUBLIC, P, TO PUBLIC/INTENSIVE COMMERCIAL, PICI-1 FOR PROPERTY LOCATED AT 1801 S. RIVERSIDE DRIVE. WHEREAS, the Airport Commission has requested that the City rezone 22.2 acres located on the north side of the Iowa Municipal Airport from Public, P, to Public/Intensive Commercial, P/CI-1; and WHEREAS, the proposed P/CI-1 zoning is compatible with adjacent commercial zoning and development; and WHEREAS, the proposed rezoning will allow commercial development of portions of the airport that are not needed for aviation purposes. WHEREAS, the Iowa City Planning and Zoning Commission has reviewed the proposed rezoning and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The property legally described below is hereby reclassified from its present classification of P, Public, to P/CI-1, Public/Intensive Commercial: A portion of the Southeast one quarter of Section 16, Township 79 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, the boundaries of which are described as follows: Commencing at the Southeast corner of the Southeast one quarter of Section 16, Township 79 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; Thence N00°09'16"E, 525.43 feet; Thence S89°40'58"W, 307.14 feet; Thence N 16°30'59"W, 130.48 feet; Thence S70°15'10"W, 422.76 feet to the Point of Beginning; Thence continuing S70°15'19'~N, 1072.57 feet; Thence N01°27'10"E, 1146.00 feet; Thence S89°29'20"E, 58.63 feet; Thence N89°41 '03'E, 636.49 feet; Thence N89°43'12"E, 305.27 feet; Thence S01°27;10"W, 788.06 feet to said Point of Beginning, containing 22.20 acres and is subject to easements and restrictions of record. Ordinance No. 98-3844 Page 2 SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance as provided by law. SECTION III. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance which shall be recorded by the City at the office of the County Recorder of Johnson County, lows, upon final passage and publication as provided by law. SECTION IV. REPEALER. All ordinances and pads of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or pad of this 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 pad thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 2.~th day of u U ,1998. ppdadmin/ord/1801 RIVR.DOC Ordinance No. 98-3844 Page 3 It was moved by Thornberry and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X Norton X O'Donnell X Thornberry × Vanderhoef Norton that the First Consideration 7/9/98 Vote for passage:AYES: Norton, 0' Donnel 1, Champion, Kubby, Lehman. NAYS: None. ABSENT: Thornberry, Vanderhoef, None. Second Considemtion 7/28/98 Votefor passage:AYES:Thornberry, Vanderhoef, Champion, Lehman, Norton, O'Donnell. NAYS: None. ABSENT: None. Date published 9/2/98 Kubby, Prepared by: Doug Ripley, Traffic Eng. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5254 ORDINANCENO. AN ORDINANCE AMENDING TITLE 9 OF THE CITY CODE OF IOWA CITY ENTITLE "MOTOR VEHICLES AND TRAFFIC," AMENDING CHAPTER 4, ADDING SE, 1C THEREIN TO PROVIDE FOR ADD INAL ENFORCEMENT ABILITIES FOR VIOLATIONS. WHEREAS, Section 9-4-1A(1! of the City Code provides no driver shall sto in violation of official signs or par WHEREAS, under cur procedures only one ticket vehicles parked in violation WHEREAS,, althou! allow for the im such vehicles, giving police and parking personnel the authority to issue 'ad~ tickets every two or park and enforcement issued daily to ordinance; and ordinances do to permit a Vehicle to remain in ~iolation of this in violation ~er the vehicle is constitute 'separate and distinct offense. sions of ~is Ordinance are hereby repealed.' SECTION III. SEVE~BILI~. If any section/provision or pad of the Ordinan~ shall be adjudg~d to be invalid or unconstitutional, such adjudidation shall not affect the validiW of the Ordinance as a whole or any section, provision or pa~ thereof not adjudged invalid or un~nsti- tuti°~f~TION IV. EFFECTIVE DATE. This Ordi- nance~hall be in effect after its final passage, approval and publication, as provided by law. hours would for a more appropriate remedy and \ NOW, THEREf BE IT ORDAINED BY THE CITY OI~',,,.THE CITY OF IOWA CITY, IOWA: SECTION I. ~ction 9-4-1C. Adding a Section ~-4-1C to mad as Ordinance No. Page 2 Passed and approved this ,1998. __ day of MAYOR ATTEST: CITY CLERK Ap ov -, Ci ey's Offi ~ ,, jccogtp\ord\mo , // '\ / / Prepared by: Andrew P. Matthews, Asst. City Attorney, 410 E. Washington St, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 98-3845 AN ORDINANCE AMENDING TITLE 7 OF THE CITY CODE BY ADDING A NEW CHAPTER 4, ENTITLED "CONFINED SPACE RESCUE" TO PROVIDE FOR THE ESTABLISHMENT OF FEES AND ASSESSING COSTS WHEN UTILIZING THE FIRE DEPARTMENT'S CONFINED SPACE RESCUE TEAM FOR PERMIT-REQUIRED CONFINED SPACE RESPONSE RESCUE OR RECOVERY OPERATIONS WHEREAS, the Iowa City Fire Department provides certain services other than those duties required by State and municipal law; and WHEREAS, Occupational Safety and Health Administration regulations require employers in general industry and governmental units to develop procedures to utilize in-house or outside rescue services for permit-required confined space response; and WHEREAS, the Fire Chief has recommended the establishment of a fee for those affected commercial and industrial users, including governmental units within the corporate limits of the City of Iowa City, and those with contractual agreements with the City, which choose to utilize the specialized services of the Fire Department's Confined Space Rescue Team for permit- required confined space response activities; and WHEREAS, providing for the assessment of fees for those affected businesses and governmental units would enable the Fire Department to better provide for such specialized rescue and recovery operations; and WHEREAS, establishing and assessing such fees is in the best interests of the health, safety and welfare of the citizens of Iowa City, Iowa for the reasons stated above. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 7 of the City Code, entitled "Fire Prevention and Protection" is amended to add the following Chapter 4 as follows: Sec. A. Definitions: CONFINED SPACE: A space that (1) is large enough and so configured that an employee can r r ~-tU Ordinance No. Page 2 98-3845 bodily enter and perform assigned work; and (2) has limited or restricted means for entry or exit, such as tanks, vessels, silos, storage .bins, hoppers, vaults, and pits; and (3) is not designed for continuous employee occupancy. PERMIT-REQUIRED CONFINED SPACE: a confined space that has one or more of the following characteristics: (1) contains or has a potential to contain a hazardous atmosphere; (2) contains a material that has the potential for engulfing an entrant; (3) has an internal configuration such that an entrant could be trapped or asphyxiated' by inwardly converging walls or by a floor which slopes downward and tapers to a smaller cross-section; or (4) contains any other recognized serious safety or health hazard. CONFINED SPACE RESCUE: the personnel designed to rescue employees from permit- required confined spaces. Sec. B. Fees: The City Council may, by resolution, establish fees and assess costs on affected businesses and governmental units within the corporate limits of the City, and those with contractual agreements with the City as provided in Section 7-2-1 and 7-2-2 of this Chapter, which require the specialized services of the Fire Department's Confined Space Rescue Team for permit- required confined space rescue or recovery operations. SECTION II. REPEALER. All ordinances and pads of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or pad 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 pad 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. Passed and approved this 25th day of Au ust ,1998. YOR~''" ATTEST: ~K;~- Approved by City At/"/'t~ffic'C/e andy/ord/confined.doc Ordinance No. Page 3 98-3845 It was moved by Thornberry and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X No~on X O'Donnell X Thornbern/ X Vanderhoef Norton that the Fimt Consideration 7/28/98 Votefor passage:AYES: Champion, Kubby, Lehman, Norton, O'Donnell, Thornberry, Vanderhoef. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 9/2/98 Moved by Thornberry, seconded by Vanderhoef, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: O'Donnell, Thornberry, Vanderhoef, Champion, Lehman, Norton. NAYS: Kubby. ABSENT: None. Prepared by Andrew P. Matthews, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 98-3846 AN ORDINANCE AMENDING TITLE 9, CHAPTER I OF THE CITY CODE, ENTITLED "DEFINITIONS, ADMINISTRATION AND ENFORCEMENT OF TRAFFIC PROVISIONS," BY AMENDING SECTION 1, ENTITLED "DEFINITIONS," TO INCLUDE FIRE LANES AND AMENDING TITLE 9, CHAPTER 4 OF THE CITY CODE TO ADD A NEW SECTION 13, ENTITLED "FIRE LANES." WHEREAS, the Fire Department has identified a need to be able to designate appropriate Fire Lanes to insure proper access to facilities and buildings when responding to fire alarms and fires; and WHEREAS, providing authority to the Fire Department to designate Fire Lanes would best serve the health, safety and welfare of the citizens of Iowa City, Iowa for the reasons stated above. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 9, Chapter 1 of the City Code, entitled "Definitions, Administration and Enforcement of Traffic Provisions" is hereby amended by adding a definition of "Fire Lanes" as follows: FIRE LANES: Any public or private street, alley, driveway, roadway, or easement of access that is to be maintained free from obstruction so as to provide ready access for City firefighting vehicles, personnel, and/or equipment. SECTION II. AMENDMENT Title 9, Chapter 4 of the City Code, entitled "Parking Regulations," is amended to add a Section 13 which reads as follows as follows: Sec. 1. Designation: The Fire Chief or Authorized Representative shall approve, require, and designate public and/or private fire lanes as deemed necessary for the efficient and effective operation of fire vehicles, personnel, and apparatus. Only those fire lanes approved by the Fire Chief or Authorized Representative will be enforced. A fire lane shall be posted with signs at least every forty (40) linear feet. Said fire lane shall be Ordinance No. page 2 98-3846 revised 10/27/98 deemed to encompass that area within a twenty (20) foot radius of any fire lane sign or markings posted pursuant to this section. Posted signs will comply with the "Manual of Uniform Traffic Control Devices" and at a minimum contain the following language: "FIRE LANE NO PARKING." Markings may include a painted yellow striped area measuring eight (8) feet from the curb/pavement edge and extending twenty (20) feet either side of a posted sign. Upon application to and approval by the Fire Chief or Authorized Representative, a private property owner may be granted a fire lane designation for such property. Installation of approved signage on private property will be the responsibility of the permit applicant/property owner. If an applicant/property owner is required by the City to post a fire lane, upon request, the signs will be provided by the City at cost or the applicant/property owner can obtain an approved sign from a vendor. When an area is posted as a fire lane as provided herein, it shall be presumed that said area is designated as a fire lane by or with the authority of the Fire Chief. Sec. 2. Parking Prohibited: It shall be unlawful to have an unattended vehicle standing, stopped, or parked in or otherwise blocking or obstructing any portion of a designated fire lane at any time. Signs and markings shall be erected and placed to identify such fire lanes and to serve notice that standing, stopping, and/or parking is prohibited therein. Such illegally parked vehicles will be subject to fines and/or towing at the expense of the owner. All designated fire lane signs shall be maintained in a clean and legible condition at all times and replaced when necessary to ensure adequate visibility. This maintenance shall be the responsibility of the permit applicant/property owner. Sec. 3. Penalty: Any violation of this Section shall be considered a simple misdemeanor or Municipal infraction as provided for in Title 1, Chapter 4 of this Code. Sec. 4. Enforcement: It will be the responsibility of the Police Department to enforce the provisions of this section as they apply to both public and private properties. The Iowa City Police Department is hereby authorized to ticket, tow, or cause to be towed, pursuant to the Code of Iowa, as amended, any vehicle that has been parked or placed upon the public or private street in violation of the parking laws of this City and/or State. This shall serve as appropriate notice of such authorization to the Iowa City Police Department under the Code of Iowa, as amended. By applying for a fire lane Ordinance No. 98-3846 2 Page 2 deemed to encompass that area within a (20) foot radius of any fire lane sign or marki~ 's posted pursuant to this section. Posted sig ill comply with the "Manual of Uniform r~ ic Control Devices" and at a minimum co tain the following language: "FIRE LANE NO RKING." Markings may include a painted y low striped area measuring eight (8) f t from the curb/pavement edge and exten ng twenty (20) feet either side of a po ed sign. Upon %%% . . o er may be granted ; lane designation for ~roperty. Installa of approved signage on property be the responsibility of the ap to post a be provide applicant/pro approved si posted as be presL fire lain Sec. It owner. If an is required by the City upon request, the signs will y the City at cost or the owner can obtain an a vendor. When an area is ne as provided herein, it shall ;aid area is designated as a or with authority of the Fire Chief. ted: be to have an unattended standing, .=d, or parked in or blocking or 'ucting any portion of designated fire lane ny time. Signs and arkings shall be erected a d placed to identify such fire lanes and to serve n tice that standing, stopping, and/or parking is p ohibited therein. Such illegally parked vehicles 'll be subject to fines and/or towing at the expens of the owner. All designated fire lane sign shall be maintained in a clean and legible co dition at all times and replaced when necessary to ensure adequate visibility. This maintenance shall be the responsibility of the permit applican roperty owner. Sec. 3. Penalty: Any violation of this Chapter shall be considered a simple misdemeanor or Munici al infraction as provided for in Title 1, Chapter 4 f this Code. Sec. 4. Enforcement: It will be the responsibility of the Police Department to enforce the provisions of this section as they apply to both public and private properties. The Iowa City Police Department is amended, any vehicle that has been parked or ', placed upon the public or private street in violation of the parking laws of this City and/or State. This shall serve as appropriate notice of such authorization to the Iowa City Police Department under the Code of Iowa, as amended. By applying for a fire lane Ordinance No. Page 3 98-3846 designation, any applicant private property owner and its employees and assigns hereby agree to release, indemnify, and hold harmless the City, its officers, employees, and agents from any damages or liability resulting from any ticketing or towing authorized under this section. Sec. 5. Presumption of Liability: The fact that a vehicle that is illegally parked is registered in the name of a person will be considered prima facie proof that such person was in control of the vehicle at the time of such parking. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 25thday of Auqust ,1998. Approved by ~y~oF'Hey's office andylord/firelane.doc Ordinance No. 98-3856 Page It was moved by Norton and seconded by O~inance as read be adopted, and upon rollcallthem were: AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X Norton X O'Donnell X Thornberry X Vanderhoef Thornberry that the Fimt Considemtion 7/28/98 Vote for passage:AYES: Kubby, Lehman, Norton, O'Donnell, Thornberry, Vanderhoef, Champion. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 9/2/98 Moved by Norton, seconded by Thornberry, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Thornberry, Vanderhoef, Champion, Lehman, Norton, O'Donnell. NAYS: Kubby. ABSENT: None. Prepared by Andrew P. Matthews, Asst. City Attorney, 410 E. Washington St,, Iowa City, IA 52240; 319-356 5030 ORDINANCE NO. 98-3847 AN ORDINANCE AMENDING TITLE 7 OF THE CITY CODE, BY ADDING A NEW CHAPTER 3, ENTITLED "FALSE FIRE ALARMS" TO PROVIDE MINIMUM STANDARDS AND REGULATIONS APPLICABLE TO FIRE ALARMS, ALARM USERS AND OWNERS. WHEREAS, the Fire Department incurs significant costs and personnel time in responding to false fire alarms caused by careless use of, improper maintenance of, and equipment malfunction of, fire alarms; and WHEREAS, providing owners and/or alarm users an incentive to better maintain and/or upgrade alarm systems by assessing fees and establishing penalties would serve to better protect the safety of residents and insure appropriate fire response action. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 7, entitled "Fire Prevention and Protection," of the City Code is hereby amended to add a new Chapter 3, entitled "False Fire Alarms" as follows: Sec. 1. Purpose: The purpose of this Chapter is to provide minimum standards and regulations and assess fees and penalties applicable to Fire Alarms, Alarm Users, and Owners as defined in this Chapter. Sec. 2. Exclusions: This ordinance shall not apply to false fire alarm responses resulting from the activation of single station smoke detectors within single family residences or duplexes or to entities with whom the City of Iowa City has a Fire Protection Agreement. Sec. 3. Definitions: ALARM SERVICER - the individual or entity that installs, services and/or maintains a users's fire alarm system. ALARM SYSTEM an assembly of equipment and devices arranged to signal the presence of a hazard requiring urgent attention and to which Fire Department personnel are expected to respond. ALARM USER - any person on whose premises an alarm system is maintained within the City or any person using such system. Ordinance No. Page 2 98-3847 AUTOMATIC FIRE ALARM an alarm system in which the signal transmission is initiated by reaction to a fire or extinguishing system. CITY - the City of Iowa City, Iowa. EMERGENCY COMMUNICATIONS CENTER the primary contact point between the Iowa City Fire Department and the Community it serves. ENFORCEMENT OFFICER - Fire Chief or designated representative. FALSE FIRE ALARM - the activation of a fire alarm system not by fire or hazard, but through careless use, technical failure, malfunction, improper installation, or the negligence of the-owner or lessee of an alarm system or of his or her employees or agents. False fire alarm does not include alarm failures caused by water, gas, electrical, telephone, or other transmission lines and/or devices not under the control of an alarm user, the willful act of a person other than the alarm owner or his or her employees or agents, or false alarms due to conditions clearly beyond the control of the alarm owner or his or her employees or agents such as a force majeure. FEE - the assessment of a monetary charge payable to the City of Iowa City, authorized pursuant to this Chapter, to defray the expenses of responding to a false alarm or fire alarm malfunction. FIRE ALARM SYSTEM o an alarm system signaling a fire or activated extinguishing equipment requiring urgent attention and to which Fire Department personnel are expected to respond. FIRE DEPARTMENT the publicly supported Fire Department of the City, or any authorized representatives. FISCAL YEAR - the year beginning July 1st and ending June 30th of next calendar year. OWNER any person who owns the premises in which an alarm system is installed or the person or persons who lease, operate, occupy, or manage the premises. PERSON - any individual, firm, partnership, association, corporation, company, or organization of any kind and the personnel therein employed or contracted. PREMISES any building, structure or combination of buildings and structures which serve as dwelling units, single-family or multi-family, or any other area within a building, structure or combination thereof which is used for any purpose, wherein an alarm system is installed. Sec. 4. False Fire Alarms Prohibited: No person shall cause or permit the activation of a fire alarm system resulting in a false fire alarm to which Fire Department personnel are Ordinance No. Page 3 98-3847 expected to respond. A violation of this Section will subject the person to an assessment of fees as provided herein, or to the penalty provisions contained in Section 7 of this Chapter. Sec. 5. Required Information: Each owner and/or alarm user connected to the Emergency Communications Center directly or by telephone shall provide the Fire Chief or Authorized Individual with the following information and shall modify such information immediately upon being advised of any change in such information: (a) The names and addresses of the alarm user, alarm owner (if different from the alarm user), and the alarm servicer at the sites of the installation of the fire alarm system. (b) The names and telephone numbers of at least two (2) people designated by the owner and/or alarm user as its contact people for purposes of fire alarm system related matters. These named persons shall be capable of reporting in person to the premises within thirty (30) minutes, and shall be authorized to enter the premises to ascertain the status thereof. (c) The type of alarm system being used, the devices which comprise the system, the number of separate alarms which will emit a sound at the premises, and the number of devices which will automatically act to suppress a fire. (d) Such other information which may be required by the Fire Chief or Authorized Representative which is deemed necessary for proper monitoring and response. Sec. 6. Unintentional False Fire Alarm Fees (a) False Alarms Due to Careless Use, Improper Maintenance, or Negligence: An owner and/or alarm user will be assessed a fee for each false fire alarm pursuant to the following False Fire Alarm Fee Schedule due to careless use, improper maintenance, or negligence: FALSE FIRE ALARM FEE DUE TO CARELESS USE, IMPROPER MAINTENANCE, OR NEGLIGENCE SCHEDULE Third through and including the Fourth ... $150.00 Fifth through and including the Seventh. $300.00 Eighth and above ............................... $750.00 (1) Owners and/or alarm users shall be charged for False Alarms resulting from the careless use, improper maintenance, or negligence of the alarm owner or lessee of the alarm system and not for malfunctions due to telephone company repairs or other conditions beyond the control of the owner and/or alarm user. Owners and/or alarm users shall be granted two (2) Ordinance No. Page 4 98-3847 careless use, improper maintenance, or negligence alarms, without a fee schedule charge, per fiscal year of use. After the occurrence of the above two (2) nonchargeable alarms within a fiscal year, all careless use, improper maintenance, or negligence alarms shall be subject to the false fire alarm fee. If an owner and/or alarm user or designated employee or agent refuses to report to the place of business or residence to reset the alarm or does not report within thirty (30) minutes of City Fire Department's response to the location, the owner and/or alarm user will be assessed a fee of $500.00, in addition to the appropriate fee from the False Fire Alarm Fee Schedule, for the call. Malicious (intentional) false alarms are not subject to this fee schedule, but rather are subject to other City Code and State law provisions. (b) False Fire Alarms Due to Technical Failure, Equipment Malfunction or Improper Installation: The owner and/or alarm user shall be assessed and billed a fee per the False Fire Alarm Fee Schedule due to careless use, improper maintenance, or negligence unless said owner returns to the Fire Chief or a Designated Representative a statement of repair deemed satisfactory by the enforcement officer. In those cases in which a statement of repair is submitted, the owner and/or alarm user shall pay only the following fee for each fire alarm malfunction responded to by the Fire Department during each fiscal year: FALSE FIRE ALARM FEE SCHEDULE DUE TO TECHNICAL FAILURE, EQUIPMENT MALFUNCTION OR IMPROPER INSTALLATION Third through and including the Seventh .. $50.00 Eighth and above .................................... $100.00 (c) As an alternative to the imposition of fees for false alarms based upon technical failure, equipment malfunction, or improper installation, the Fire Chief or Designated Representative may waive such fees if the owner and/or alarm user agrees to upgrade the existing alarm system in such a manner which in the determination of the Fire Chief or Designated Representative will significantly reduce or prevent further false fire alarms. The alarm owner and/or alarm user shall submit appropriate documentation and specifications of such alarm system upgrade to the Fire Chief or Designated Representative for review. If such alarm Ordinance No. Page 5 98-3847 system upgrades are approved by the Fire Chief or Designated Representative, imposition of fees for false fire alarms based upon technical failure, equipment malfunction, or improper installation will be held in abeyance pending installation of such upgrades. The owner and/or alarm user shall be given thirty (30) calendar days in which to complete such alarm system upgrade following approval of the proposed system upgrade. Notice of approval or disapproval shall be given in writing and served on the alarm owner and/or alarm user by mail. Failure of the alarm system owner and/or alarm user to complete such upgrade within the specified thirty (30) calendar days shall result in imposition of the technical failure, equipment realfunction, or improper installation fee schedule as provided herein. (d) When, in the opinion of the Fire Chief, it is essential for public safety the Fire Chief may require the owner and/or alarm user to provide standby personnel at the premises to keep a diligent watch for fire, until the fire alarm system is restored. Sec. 7. Notice of False Fire Alarm Fee: Whenever the Fire Chief or his Designated Representative determines that there has been a violation of any of the provisions of this Chapter, notice shall be given of such violation and of the assessed fee for such violation as follows: (a) Such notice shall include a sufficiently detailed description of the violation, a statement of the reason or reasons why it is being issued, and the amount of the fee assessed. (b) The notice shall provide for a reasonable time, not to exceed thirty days, for the payment of the assessed fee, or for the alarm system repair or upgrade as applicable herein. (c) The notice shall further inform the alarm owner and/or user that the failure to pay the assessed fee or make the alarm system repair or upgrade will result in the filing of a Municipal infraction citation or simple misdemeanor citation against such alarm owner and/or user. Sec. 8. Penalties: Any violation of this Chapter shall be considered a simple misdemeanor or Municipal infraction as provided for in Title 1, Chapter 4 of this Code. Failure to provide the information required by Section 5(d) shall be considered a simple misdemeanor or Municipal infraction and shall carry a Ordinance No. Page 6 98-3847 penalty as provided for in Title 1, Chapter 4 of this Code. The following schedule of civil penalties shall apply for violations punished as a Municipal infraction: False Fire Alarm Schedule Due to Careless Use, Improper Maintenance, or Negligence: Third through and including the fourth .......... ......................................................... $150.00. Fifth through and including the seventh: ......................................$300.00 Eighth and above: ........................$750.00 Failure To Report To Reset Alarm Or Report To Fire Alarm Location: .................. $500.00 False Alarm Fee Schedule Due to Technical Failure, Equipment Malfunction, or Improper Installation: Third through and including the seventh: ..................................................... $50.00 Eighth and above: ........................... $100.00 SECTION II. REPEALER. All ordinances and pads 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 adjudicated invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 25th day of APPROVED BY: ~OF'~R~Ce andy/ord/false2.doc Ordinance No. Page 7 98-3847 It was moved by Vanderhoef and seconded by O~inance as read be adopted, and upon rollcalltherewere: AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X Norton X O'Donnell X Thomberry X Vanderhoef Thornberry that the Fimt Consideration 7/28/98 Vote for passage: AYES: Lehman, Norton, 0'Donnell, Thornberry, Vanderhoef, Champion, Kubby. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 9/2/98 Moved by Vanderhoef, seconded by Thornberry, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Thornberry, Vanderhoef, Champion, Lehman, Norton, O'Donnell. NAYS: Kubby. ABSENT: None. Prepared by: Andrew P. Matthews, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319- 356-5030 ORDINANCE NO. 98-3848 AN ORDINANCE AWARDING A FRANCHISE FOR CABLE TELEVISION TO McLeodUSA ATS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of this ordinance is to award a franchise for cable television to McLeodUSA ATS. SECTION II. ENACTMENT. McLeodUSA ATS is hereby granted a non-exclusive franchise to operate a cable television system within the City of Iowa City in accordance with Title 12, Chapter 4 of the City Code of Iowa City which established standards, regulations and procedures for the granting of a broadband telecommunications franchise and the rules and regulations adopted by the Iowa City Broadband Telecommunications Commission, all ordinances of the City of Iowa City, the franchise agreement between the City of Iowa City and McLeodUSA ATS, and all applicable rules and regulations of the Federal Communications Commission and the State of Iowa. SECTION III. DURATION OF FRANCHISE. The franchise shall continue in full force and effect for a term of ten (10) years from its effective date. SECTION IV. EFFECTIVE DATE. This ordinance shall not become finally effective until the franchise is approved by a majority of voters at the next regular election, and until the grantee executes a franchise agreement with the City of Iowa City and files an acceptance in writing with the City Council of Iowa City and payment of the costs, including election costs, as provided in Title 12, Chapter 4 of the City Code. SECTION V. ORDINANCES REPEALED. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision Ordinance No. 98-3848 Page 2 or part thereof not adjudged invalid or unconstitutional, Passed and approved this 25th day of City Attorney's Office cabletv/ord/mdeod.doc Ordinance No. 98-3848 Page 3 ~t was moved by Thornberry and seconded O~inance as read be adopted, and upon rollcalltherewere: AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Norton that the Fimt Considemtion 8/18/98 Votefor passage: AYES: Kubby, Lehman, Norton, 0'Donnell, Thornberry, Champion. NAYS: None. ABSENT: Vanderhoef. Second Consideration Vote for passage: Date published 9/2/98 Moved by Thornberry, seconded by Norton, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Champion, Kubby, Lehman, Norton, 0'Donnell, Thornberry, Vanderhoef. NAYS: None. ABSENT: None. Prepared by: Andrew P. Matthews, Asst. City Attomey,/ .... 410 E. Washington Street, Iowa City, IA 52240; 31~T//' 356-5030 / ORDINANCE NO. AN ORDINANCE AWARDING A FOR CABLE TELEVISION TO THEREFORE, BE IT COUNCIL OF THE BY THE OF IOWA CITY, television SECTION hereby operate a cable of Iowa City in a, 4 of the City standards, re I. PURPOSE. purpose of this is to award franchise for cable McLeodU: ENT. McLeodUSA ATS is ~on-exclusive franchise to vision system within the City with Title 12, Chapter City which established ~nd procedures for the granting of, telecommunications franchise a d the rules regulations adopted by t Iowa ',ty Broadband Teleco unications Commiss n, all ordinances of the ~ty of Iowa City, the fran ise agreement betw n the City of Iowa City an McLeodUSA ATS and all applicable rules and r ulations of the Federal Communications Comm~ sion and t State of Iowa. ECTION III. DURATION OF FRANCHIS . The franchise shall continue in full force and effe t for a term of ten (10) years from its effective date. · not Ily ve ti / the grantee executes a franchise agreement with i payment of the costs as provided in Title 12, Chapter 4 of the City Code. SECTION V. ORDINANCES REPEALED· All ordinances or pads of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or pad 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 pad thereof not adjudged invalid or unconstitutional. Ordinance No. Page 2 Passed and approved this ,1998. MAYOR CiTY CLERK by day of Cit leod .doc Prepared by: Dennis Mitchell, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 98-3849 AN ORDINANCE AMENDING TITLE 1, CHAP- TER 4, SECTION .2, ENTITLED "CIVIL PENALTIES FOR MUNICIPAL INFRACTIONS," OF THE CITY CODE TO PROVIDE INCREASED FINES FOR MUNICIPAL INFRACTION VIOLATIONS. WHEREAS, the Iowa state legislature has raised the maximum fines that municipalities can assess for municipal infraction violations; and WHEREAS, the City Code currently provides that the fine for a first offense municipal infraction is $75.00, the fine for a second offense municipal infraction is 9150.00, and the fine for third and subsequent municipal infraction violations is 9250.00; and WHEREAS, the Iowa state legislature has approved and passed a law which allows municipalities to assess the fine for a first offense municipal infraction at 9500.00 and the fine for subsequent municipal infraction offenses at 9750.00. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. Section 1-4-2B(2) of the City Code is hereby amended by deleting the schedule of fines for municipal infraction offenses and inserting a new schedule to read as follows: First offense 9100.00 Second offense 9250.00 Third and Subsequent offenses 9500.00 Environmental infraction each offense 91,000.00 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 No. 98-3849 Page 2 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 ~ day of ,1 . City Attorney's Office marym\misc\muni .ord Ordinance No. 98-3849 Page 3 It was moved by Vanderhoef and seconded by Ordinance as mad be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X Norton X O'Donnell X Thornberry X Vanderhoef Thornberry that the First Consideration 7/7/98 Vote for passage: AYES: Lehtnan,: Norton, 0' Donnel 1, Vanderhoef. NAYS: Kubby, Champion. ABSENT: None. Thornberry, Second Consideration 7/28/98 Vote forpassage:AYES: Thornberry, Vanderhoef, 0'Donnell. NAYS: Champion, Kubby, ABSENT: None. Date published 9/2/98 Lehman, Norton,