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HomeMy WebLinkAbout1999-06-15 OrdinancePrepared by: John Yapp, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319- 356-5247 ORDINANCE NO. 99-3883 AN ORDINANCE AMENDING CITY CODE TITLE 14, CHAPTER 5, ENTITLED "BUILDING AND HOUSING," ARTICLE H, "SITE PLAN REVIEW," AND CHAPTER SIX, "ENTITLED ZONING," ARTICLE S, ENTITLED "PERFORMANCE STANDARDS," TO INCLUDE SPECIFIC REQUIREMENTS REGARDING ILLUMINATION AT THE PROPERTY BOUNDARY, THE MAXIMUM HEIGHT OF LIGHT FIXTURES, SHIELDED LIGHT FIXTURES, AND LIGHTING PLANS. WHEREAS, citizens of Iowa City have raised the issue of light pollution and glare as larger scale commercial development occurs in close proximity to residential development; and WHEREAS, light from commercial, industrial, or multi-family properties directed onto adjacent residential properties can be a nuisance; and WHEREAS, as more commercial, industrial, and multi-family developments are constructed, and a general increase in light levels occurs, light pollution becomes more of a concern; and WHEREAS, requiring light fixtures to be shielded will prevent light from being directed onto adjacent properties, and it will help prevent skyglow and glare; and WHEREAS, requiring a photometrics plan, or lighting plan, with site plans of larger developments will allow for better planning of the lighting layout to prevent light pollution issues prior to a development being constructed; and WHEREAS, requiring light fixtures to be mounted a maximum of 25 feet high in residential zones and within 300 feet of a residential zone will set an appropriate light ceiling for a residential area, and will help prevent light from becoming a nuisance to residential areas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. Chapter 5, entitled "Building and Housing," Article H, entitled "Site Plan Review," Section 4, "Submittal Requirements" be amended as follows: Ordinance No. 99-3883 Page 2 14-5H-4A(14) be repealed and replaced with the following: A detailed lighting plan and photometrics layout which shows the location, type, height, and intensity of all existing and proposed exterior lighting on the property is required for sites with parking lots of 18 or more parking spaces. The photometrics layout must show the foot-candles generated by all lights on the properly. The lighting plan and photometrics layout must comply with the performance standards in Section 14-6S- 8. Chapter 5, entitled "Building and Housing, Article H, entitled "Site Plan Review," Section 5, entitled "Design Standards" be amended as follows: 14-5H-5H be repealed, and replaced as follows: Exterior lighting shall relate to the scaled and location of the development in order to maintain adequate security while preventing a nuisance or hardship to adjacent properties or streets. Except for lighting of loading areas, service areas, and for architectural emphasis. flood lighting is prohibited. Lighting shall comply with the following requirements: a. Light fixtures in and within 300 feet of a residential zone shall be mounted no higher than 25 feet. b. Light fixtures not within 300 feet of a residential zone shall be mounted no higher than 35 feet. c. All lights of greater than 2,000 lumens, both pole-mounted and wall-mounted shall have shielded light fixtures or be equipped with cut off shields, so that no direct light falls beyond the property line, and no light shines above a horizontal plane through the lower part of the lumenaire. Light reflectors and refractors may be substituted for shields on ornamental and pedestrian light fixtures. Chapter 6, entitled "Zoning," Article S, entitled "Performance Standards," Section 8, entitled "Glare" be repealed and replaced with the following: 14-6S-8: Illumination Standards. 1. Lighting rated greater than 2,000 lumens used to illuminate any operation, parking area, or for the external illumination of buildings and grounds shall be downcast and fully shielded so that no light shines above a horizontal plane through the lowest part of the luminaire, and no direct light falls beyond the property line. Light reflectors and refractors may be substituted for shields or shielded light fixtures on ornamental and pedestrian light fixtures. 2. Light fixtures used to illuminate flags, statues, objects mounted on a pole or pedestal, shall use a Ordinance No. 99-3883 Page 3 narrow cone of light that does not extend beyond the illuminated object. 3. Outdoor recreational facilities permitted by special exception may be exempt from specific lighting standards in Section 14-5H, Site Plan Review, and Section 14-6S, Performance Standards, provided the Board of Adjustment approves the lighting plan as part of the special exception approval for the use. 4. Illumination shall not exceed 1.0 foot candles at property boundaries of multi-family, commercial, '- and industrial uses adjacent to or across the street from a residential zone, or a neighborhood commercial or office commercial zone. Chapter 6, entitled "Zoning," Article S, entitled "Performance Standards," Section 1, entitled "Compliance with Provisions" be repealed and amended to include a reference to multi-family uses as follows: 14-6S-1A. New Uses: any use established in the commercial or industrial zones, or in a multi- family zone for the Illumination Standards in 14-6S-8, after the effective date hereof shall comply with the minimum performance standards contained in this Article. 14-6S-1 B. Existing Uses: Existing commercial and industrial uses, and multi-family uses for the Illumination Standards in 14-6S-8, which are not in compliance with the performance standards contained in this Article are exempt, except where a use did not comply with performance standards in effect prior to the effective date hereof (see Section 14-6T-2 of this Chapter). Conditions which do not comply shall not be increased in scope or magnitude. Such uses shall be permitted to be enlarged or altered, provided the addition or change conforms with the applicable performance standards. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 15thday of Ordinanoe No. 99-3883 P~ 4 ATTEST: 7)~'~e.7.,..2 ~. '~'/-.~-..4.2 CITY CLERK ppdadmin/ord/lighting Ordinance No. 99-3883 Page __5___ It was moved by Norton and seconded by Ordinance as read be adop~d, and upon rollcalltherewere: AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef O'Donnell that the First Consideration 5/4/99 Vote for passa e: AYES: Norton, 0'Donnell, Thornberry, Vanderhoef, Champion, Kubby, L~man. NAYS: NOne. ABSENT: None. Second Considemtion 5/18/99 Votefor passa e' AYES: Thornberry, Vanderhoef, Champion, Kubby, Lehman, Norton, O'~ne]]. NAYS: None, ABSENT: None. Date published 6/23/99 City of Iowa City MEMORANDUM Date: June 10, 1999 To: City Council y~ From: Eleanor M. Dilkes, City Attorne Re: Amendment to PCRB Ordinance As you know, the PCRB Ordinance allows the Board to include the names of the complainants and police officers if the complaint is sustained. In connection with the recent amendments to the PCRB's Standard Operating Procedures regarding identification of officers, the PCRB's attorney and I discussed amending the ordinance to set forth a balancing test to determine when identification would be appropriate. The proposed ordinance change on your June 15th agenda does this. In essence, the proposed amendment provides that the Board must balance the public interest in disclosure against the public harm and the privacy interests of those persons whose names its intends to disclose. Although it is the Board that must do this balancing and make the decision whether to include names in its public report, the proposed ordinance change includes a provision requiring notification to the person whose name is to be disclosed, the City Attorney and the Police Chief (or City Manager) of the Board's intention to make such disclosure. This notification would give the complainant and/or police officer time to express opposition or seek court intervention. The notification to the City Attorney and Police Chief is in anticipation of those situations where the Board's intended disclosure could have an impact on other matters, such as an ongoing investigation or officer assignment. The PCRB has reviewed the proposed ordinance amendment and it is my understanding from the Board's attorney that it is in agreement with the proposed amendment. CC: Marian Karr, City Clerk RJ Winkelhake, Police Chief Steve Atkins, City Manager Dale Helling, Assistant City Manager Sarah Holecek, First Assistant City Attorney Catherine Pugh, PCRB Counsel eleanor~mem\ed6-g,doc Prepared by: Madan Karr, City Clerk, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5041 ORDINANCE NO. 99-3884 ORDINANCE AMENDING TITLE 1, CHAPTER 9, SECTION 3, 'ELECTION PRECINCTS" OF THE CITY CODE OF IOWA CITY, IOWA, TO AMEND THE BOUNDARIES OF THE VOTING PRECINCTS IN IOWA CITY, IOWA TO INCLUDE PROPERTIES ANNEXED AND TO EXCLUDE PROPERTIES SEVERED SINCE 1995. WHEREAS, the City of Iowa City has annexed territory since April 25, 1995; and WHEREAS, the City of Iowa City has severed territory since April 25, 1995; and WHEREAS, the boundaries of voting precincts within the City of Iowa City have not been adjusted since April 25, 1995; and WHEREAS, the annexation and severance of territory by Iowa City now necessitates the amendment of voting precinct boundaries to accurately reflect the same and provide proper polling places for the city's inhabitants. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. Title 1, Chapter 9, Section 3, "Election Precincts" of the City Code of Iowa City, Iowa, be and the same is hereby amended by: A. Adding the following at the end of Section 1-9-384: Precinct Four (4) shall also include the property described in Resolutions 95-241 and 96-297. B. Adding the following at the end of Section 1-9-387: Precinct Seven (7) shall exclude the property described in Resolution 98-66. C. Adding the following at the end of Section 1-9-389: Precinct Nine (9) shall also include the property described in Resolutions 97-384 and 95-221. D. Adding the following at the end of Section 1-9-3812: Precinct Twelve (12) shall also include the property described in Resolutions 96-240 and 98-9. E. Adding the foliowing at the end of Section 1-9-3B 15: Precinct Fifteen (15) shall also include the property described in Resolution 97-87 and 98-358. Ordinance No. 99-3884 Page 2 F. Adding the following at the end of Section 1-9-3B16: Precinct Sixteen (16) shall also include the property described in Resolutions 95-256 and 98-359. G. Adding the following at the end of Section 1-9-3B25: Precinct Twenty-five (25) shall also include the property described in Resolution 99-139. 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 15t. h day of June ,1999. CITY CL City Attorney's Office clerk\ofd~precinct.ord Ordinance No. 99-3884 Page 3~ It was moved by Thornberry and seconded by Ordinance asread be adopted, and upon rollcalltherewere: AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X Norton x O'Donnell X Thomberry X Vanderhoef Vanderhoef that the First Consideration Vote for passage: Kubby. NAYS: None. 6/2/99 AYES: Lehman, O'Donnell, Vanderhoef, Champion, ABSENT: Norton, Thornberry. Second Consideration Vote for passage: Date published 6/23/99 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: O'Donnell, Thornberry, Vanderhoef, Champion, Kubby, Lehman, Norton. NAYS: None. ABSENT: None. Prepared by: Don Yucuis, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5052 ORDINANCE NO. 99-3885 ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO INCREASE WASTEWATER SERVICE CHARGES AND FEES IN IOWA CITY, IOWA. WHEREAS, pursuant to Chapter 384, Code of Iowa (1997), the City of Iowa City is authorized to establish and provide for the collection of rates to pay for the City's utility systems, including the City's wastewater treatment facility system; and WHEREAS, wastewater rates, which were last increased in 1998, are proposed to be increased to generate adequate revenues to pay the costs of operation, maintenance, necessary expansion and debt service for the City's wastewater treatment facilities; and WHEREAS, the City of Iowa City is required to comply with federal wastewater treatment standards, and is planning to make improvements to double the treatment capacity of the existing South Wastewater Treatment Plant; and WHEREAS, wastewater rates for fees and charges will fund these projects over time; and WHEREAS, the Iowa City City Council proposes to increase wastewater user fees by 10% for billings on or after August 1, 1999 to finance the necessary improvements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 3, Chapter 4, Section 4, entitled "Wastewater Treatment Works User Charges," of the City Code should be and is hereby amended by repealing Section 3-4-4 and enacting in lieu thereof a new section 3-4-4 entitled "Wastewater Treatment Works User Charges" to read as follows: Ordinance No. 99-3885 Page 2 3-4-4: Sanitary Sewer Service Charges; Description of Fee, Charge, Bond, Fine or Penalty Minimum Monthly Charge (includes the First 100 Cu. Ft. of Water Used) Monthly Charge for Each Additional 100 Cu. Ft. of Water Used Monthly Surcharge BOD (per pound) 300 or less MPL* WASTEWATER TREATMENT WORKS USER CHARGES: Amount of Fee, Charge, Bond, Fine or Penalty $ 6.51 BOD (per pound) from 301 MPL to 2000 MPL* BOD (per pound) greater than 2000 MPL* Suspended Solids (SS) (per pound) Monthly Minimum, Unmetered User Manufactured Housing Park, Monthly Minimum Per Lot Holding Tank Waste - plus landfill fees Holding Tank Waste Hauler - Annual Permit Deposit and Delinquency Fee for Combined City Water and/or Sanitary Sewer and/or Solid Waste Collection Accounts Residential owner account, per combined residential service for City water and/or sanitary sewer and/or solid waste collection service Residential tenant account, per combined resi- dential service for City water and/or sanitary sewer and/or solid waste collection service Five (5) percent delinquency charge on current billed portion of the outstanding amount on combined water and/or sanitary sewer and/or solid waste account that is not paid within twenty-two (22) days of billing date. Delinquency Deposit Fee for Combined City Water and/or Sanitary Sewer and/or Solid Waste Collection Accounts 3.19 Included in charge for 100 cu.ft. of water used .25 .375 .20 26.68 26.68 $.03 per gallon $800 per year $0 $80.00 5% current billed portion An amount equal to an aver- age two-month billing for the delinquent account City Code Chapter, Article or Section Reference 14-3A-4 14-3A-4 14-3A-4 14-3A-4 14-3A-4 14-3A-4 14-3A-4 14-3A-4 14-3A-4 14-3A-4 14-3A-7 14-3A-5 *Milligrams per liter (MPL) Ordinance No. 99-3885 Page 3 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, to be collected as set forth in § 14-3A-4, City Code. Passed and approved this 15thday of June ,1999. CITY CLERK APP~2' ~ City Attorney's Office Date finadm%oroNncmas6,doc Ordinance No. 99-3885 Page 4 It was moved by Thornberry and seconded by Ordinance asread be adopted, and upon rollcalltherewere: AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X Norton x O'Donnell X Thomberry X Vanderhoef Norton that the First Consideration 5/4/99 0' Donnel 1, Vote for passage: AYES: Kubby, Lehman, Norton, Thornberry, Vanderhoef, Champion, NAYS: None. ABSENT: None. Second Considemtion 5/18/99 Votefor passage: AYES: Norton, O'Donnell, Thornberry, Champi. On.,-Kubby, Lehman. NAYS: None. ABSENT: None. Date published 6/23/99 Vanderhoef, Prepared by: Don Yucuis, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5052 ORDINANCE NO. 99-3886 ORDINANCE AMENDING TITLE 3, 'CITY FINANCES, TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO INCREASE WATER SERVICE CHARGES AND FEES IN IOWA CITY, IOWA. WHEREAS, pursuant to Chapter 384, Code of Iowa (1998), the City of IoWa City is authorized to establish and provide for the collection of rates to pay for the City's utility systems, including the City's water supply and treatment system; and WHEREAS, water rates, which were last increased in 1998, are proposed to be increased to generate adequate revenues to pay the costs of operation, maintenance, necessary expansion and debt service for the City's potable water supply and treatment system; and WHEREAS, the City of Iowa City is required to comply with federal safe. drinking water standards, and is planning to construct a new water supply and treatment facility and distribution system; and WHEREAS, water rates for fees and charges will fund this major project over time; and WHEREAS, the Iowa City City Council proposes to increase water user fees by 15% for billings on or after August 1, 1999 to finance the necessary improvements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 3, Chapter 4, Section 3, entitled "Potable Water Use and Service," of the City Code is hereby amended by: Repealing the subsection entitled "Water Service Charges" in Section 3-4-3 and substituting the following in lieu thereof: Water Service Charges (14-3A-4) Minimum monthly user charges for water service for the first 100 cubic feet or less of water used, based on meter size Amount of Fee, Charge, Bond. Fine or Penalty Meter Size August 1, 1999 finches) Char_ee 5/s 96.79 % 7.43 1 8.75 1 ~ 17.46 2 23.47 3 43.38 4 75.67 6 152.28 The minimum charges for larger meters will be based on comparative costs to a 6" meter. The minimum monthly charge for an account holder who furnishes and maintains the meter at the account holder's cost will be based on the minimum for a 5/s" meter, regardless of the size. There will be no minimum monthly charge for a single-purpose water meter from November to March for those months during which no water is used. Ordinance No. 99-3886 Page 2 Monthly user charges for water in excess of 100 cu. ft. per month for dual purpose water meters Single-purpose meter charges for water in excess of 100 cu. ft. per month Returned check/automatic bank debit for payment of water services Discount for combined accounts enrolled in sure pay, per billing Monthly August 1, 1999 Usage Char_ae (Cu. Ft./ 100 to $3.17/100 cu. ft. 3,000 cu.ft. Over 2.28/1 O0 cu. ft. 3,000 cu.ft. Over 100 $3.17/100 cuo ft. Char~7~ $10.00 1.00 Repealing the subsection entitled "Direct Purchase of Water Fee, per 200 gallons or Fraction Thereof" in Section 3-4-3 and substituting the following in lieu thereof: Direct Purchase of Water Fee, Per 200 Gallons or Fraction Thereof .50 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, to be collected as set forth in § 14-3A-4, City Code. ,1999. City Attorney's Office ~nadm~lncteas7.doc Date Ordinance No. 99-3886 Page 3 It was moved by Thornberry and seconded by Ordinance asread be adopted, and upon rollcallthem were: AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X Norton X O'Donnell x Thomberry X Vanderhoef Norton that the Fimt Considemtion 5/4/99 Votefor passage: AYES: Norton, O'Donnell, Thornberry, Vanderhoef, Kubby, Lehman. NAYS: Champion. ABSENT: None. Second Considemtion 5/18/99 Votefor passage:AYES: O'Donnell, Thornberry, Vanderhoef, Kubby, Lehman, Norton. NAYS: Champion. ABSENT: None. Date published 6/23/99 Prepared by: Donald J. Yucuis, Finance Director, 410 E. Washington St, Iowa City, IA 52240; 319-356-5052 ORDINANCE NO. 99-3887 ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO CHANGE VARIOUS FEES FOR SOLID WASTE DISPOSAL. WHEREAS, the City wishes to decrease the residential solid waste collection fee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 3, Chapter 4, Section 5, entitled "Solid Waste Disposal," of the City Code is hereby amended by repealing subsection entitled "Residential Solid Waste Collection Fees" and substituting in lieu thereof the following: Residential Solid Waste $11.00 (14-3A-4, Collection Fees per dwelling 14-3H-9H) unit, and 2 rooming units per month: Solid Waste Minimum, $8.20 includes 2 containers per week. Additional containers $1.00/container Curbside Recycling Fees Fees, per unit $2.80(14-3H-9H) SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, to be collected as set forth in §14-3A-4, City Code. Passed and approved this 'lEth day of ,1999 C App ~..~"~Z-. ~ Ci~A~rney's Office L/_ ¢~. ¢r ¢~ finadrrdord/recyfee.doc Ordinance No. 99-3887 Page 2 It was moved by Thornberry and seconded by Ordinance asread be adopted, and upon rollcalltherewere: AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X Norton X O'Donnell X Thornberry X Vanderhoef Norton that the Fimt Considemtion 5/4/99 Voter or passage: AYES: Champion, Kubby, Lehman, Norton. O'Donnell, Thornberry, Vanderhoef, NAYS: None. ABSENT: None. Second Considemtion 5/18/99 Voter or passage: AYES: Thornberry, Vanderhoef, Champ~6n, Kubby, Lehman, Norton, O'Donnel]. NAYS: None. ABSENT: None. Date published 6/23/99