Loading...
HomeMy WebLinkAbout2011-07-05 OrdinancePrepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING THE IOWA CITY ZONING CODE, ARTICLES 14 -4A, USE CATEGORIES, AND 14 -9A, GENERAL DEFINITIONS, TO ADD A DEFINITION OF PARENTAL GROUP HOME. WHEREAS, a group household, as defined in the zoning code, is a household living use wherein a collective number of individuals live together in one dwelling unit as a single housekeeping unit, wher the relationship between the individuals has a distinct domestic character, similar to a famIV; useholds, each of which is WHEREAS, the zoning 6Ve limited in size, not to exceed pE WHEREAS, City STEPS, services for low- income resident need to assist "unaccompanied sufficiency; and WHEREAS, there is an ide parents and their babies; and lists three distinct types of group rsons, similar to a large family; ai a City's five -year consolidato plan for housing, jobs and approved by Council on Dec mber 14, 2009, addresses the xpors" financially and throu h programs to transition to self- need for stable houising for teenage and young adult WHEREAS, up to three unrelated pe c within the city, but if these persons have ch WHEREAS, the Planning and Zoning C code amendments. NOW, THEREFORE, BE IT ORDAINED CITY, IOWA: ns can live t gether in one household in any zone iren, it is co sidered an over - occupied situation; -,'Qrr io recommends approval of the following SECTION I. The Code of Ordinances of the HE�CITY COUNCIL OF THE CITY OF IOWA of Iowa City, Iowa is hereby amended as follows: A. Deleting the definition of "Group Hous old" \oradult icle 14 -9A, General Definitions, and substituting in lieu thereof: Group Household: A family care ome, emily home, parental group home, or elder group home, as defined in t is Title, ' a collective number of individuals live together in one dwelling uni as a singls keeping unit, where the relationship between the indivi uals is of a ar nd permanent nature and has a distinct domestic character, s' ilar to a fa B. Amending Article 14 -9A, Gener Definitions, bng th following definition: Parental Group Home: A ype of group hold co aining not more than three teenagers or adults and to four children r five ye rs of age, each of whom is related by blood to at le st one of said tee or adult placed in a residential dwelling unit by a gov rnment or social segency an occupying said dwelling unit as a single hou keeping unit for purpof social an or economic support. C. Deleting subparagrap 14- 4A -3A -2a and substituting in lieu thereof. _ a. Group Hou holds C' Group Ho eholds include only the following specific uses: el anjy hom elder gro p homes, parental group homes, and family care homes, as-defirf=n Article 4 -9A, General Definitions. ::iC .. ° D. Deleting sub ragraph 14- 4B -4A -6a and substituting in lieu thereof: '<M � M a. The roposed use must meet the definition of elder group hoeldSfamo home, parental group home, or family care home. > N W Ordinance No. Page 2 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 er its final passage, approval and publication. Passed and approved this day of MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office is 7c-) 0 o CIO ry r '_,, ®, CITY OF IOWA CITY S. •, MEMORANDUM Date: June 2, 2011 To: Planning and Zoning Commission From: Sarah E. Holecek, First Assistant City Attorney Jann Ream, Code Enforcement Assistant Karen Howard, Associate Planner Re: Parental Group Homes Jim Swaim, director for United Action for Youth, has inquired about occupancy restrictions under a residential program where they provide housing to teenage mothers. They will be getting a HOME grant to purchase property for a program where they provide this housing. In the past, they have run into problems with occupancy of rental units, as they prefer to have two moms together with their infants to provide mutual support. Since most of the residential zones only allow for one family or 3 unrelated persons within a dwelling unit, two unrelated mothers with their two infants constitutes an over - occupied situation. What UAY wishes to do is have a small group of teen mothers living together in a situation where they would be receiving supportive services (i.e. parenting classes, work skills, education) from an area non - profit (In this case, the UAY transitional teen living program). Notably, City STEPS addresses the need to assist "unaccompanied minors" financially and through programs, so there is some acknowledgement of the need in the community and an expressed political will to facilitate this type of housing. To allow for this agency - supported use, we propose that a new definition of "Parental Group Home" be added to the zoning code. As proposed, a Parental Group Home" would be considered a "group household" for purposes of zoning and therefore would be allowed within any housing type allowed in the subject base zone. Up to three pregnant teens or young adults could live in one dwelling unit and be considered one household, similar to any other group of three unrelated individuals. Once the babies are born, the parents and their babies would meet the new definition of "parental group home" and would continue to be allowed within one unit as a "group household." To add this new category of group household, staff recommends amending the zoning code as follows: In Article 14 -9A, General Definitions, modify the definition of Group Household and add a definition of Parental Group Home, as follows: Group Household: A family care home, elder family home, parental group home, or elder group home, as defined in this Title, wherein a collective number of individuals live together in one dwelling unit as a single housekeeping unit, where the relationship between the individuals is of a regular and permanent nature and has a distinct domestic character, similar to a tamily. Parental Group Home: A type of group household containing not more than three teenagers or adults and up to four children under five years of age each of whom is related by blood to at least one of said teenagers or adults placed in a residential dwelling unit by a government or social service agency and occupying said dwelling unit as a single housekeeping unit for purposes of social and /or economic support. Amend Subsection 14- 4A -3A, Household Living Uses, subparagraph 2a, as follows: a. Group Households Group Households include only the following specific uses: elder family homes, elder group homes, parental group homes, and family care homes, as defined in Article 14- 9A, General Definitions. Amend Subsection 14- 48 -4A., Residential Uses, subparagraph 6a, as follows: a. The proposed use must meet the definition of elder group home, elder family home, parental group home, or family care home. Approved by: 111�415�� Robert Miklo, Senior Planner, Department of Planning and Community Development Sa Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING THE IOWA CITY ZONING CODE, ARTICLES 144A, USE CATEGORIES, AND 14 -9A, GENERAL DEFINITIONS, TO ADD A DEFINITION OF PARENTAL GROUP HOME. WHEREAS, a group household, as defined in the zoning code, is a household living use wherein a collective number of individuals live together in one dwelling unit as a single housekeeping unit, where the relationship between the individuals has a distinct domestic character, similar to a family; WHEREAS, the zoning code lists three distinct types of group households, each of which is limited in size, not to exceed 8 persons, similar to a large family; and WHEREAS, City STEPS, Iowa City's five -year consolidated plan for housing, jobs and services for low- income residents, approved by Council on December 14, 2009, addresses the need to assist "unaccompanied minors" financially and through programs to transition to self - sufficiency; and WHEREAS, there is an identified need for stable housing for teenage and young adult parents and their babies; and WHEREAS, up to three unrelated persons can live together in one household in any zone within the city, but if these persons have children, it is considered an over - occupied situation; WHEREAS, the Planning and Zoning Commission recommends approval of the following code amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Deleting the definition of "Group Household" in Article 14 -9A, General Definitions, and substituting in lieu thereof: Group Household: A family care home, elder family home, parental group home, or elder group home, as defined in this Title, wherein a collective number of individuals live together in one dwelling unit as a single housekeeping unit, where the relationship between the individuals is of a regular and permanent nature and has a distinct domestic character, similar to a family. B. Amending Article 14 -9A, General Definitions, by adding the following definition: Parental Group Home: A type of group household containing not more than three teenagers or adults and up to four children under five years of age, each of whom is related by blood to at least one of said teenagers or adults, placed in a residential dwelling unit by a government or social service agency and occupying said dwelling unit as a single housekeeping unit for purposes of social and /or economic support. C. Deleting subparagraph 14- 4A -3A -2a and substituting in lieu thereof: a. Group Households Group Households include only the following specific uses: elder family homes, elder group homes, parental group homes, and family care homes, as defined in Article 14 -9A, General Definitions. D. Deleting subparagraph 14- 4B -4A -6a and substituting in lieu thereof: a. The proposed use must meet the definition of elder group home, elder family home, parental group home, or family care home. Ordinance No. Page 2 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. Passed and approved this day of , 2011. MAYOR Approved by ATTEST: d,La, AAg: x CITY CLERK City Attorney's Office (P /- /A Ordinance No. Page It was moved by and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright that the Ordinance First Consideration �/ s 1901 ,- Vote for passage: AYES: Dickens, Hayek, Mims, Wilburn, Wright, Bailey, Champion. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published W1 Prepared by: Christina Kuecker, Assoc. Planner, 410 E. Washington St, Iowa City, IA; 319 - 356 -5243 (REZ11- 00008) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 0.69 ACRES OF PROPERTY LOCATED AT 1014, 1016, AND 1022 HUDSON AVENUE FROM MEDIUM DENSITY SINGLE FAMILY (RS -8) ZONE TO COMMUNITY COMMERCIAL (CC -2) ZONE. (REZ11- 00008) WHEREAS, Ranshaw Limited Partnership is the legal title holder of property located at 1022 Hudson Avenue, Iowa City, Iowa and Shirken LLC is the legal title holder of property located at 1014 and 1016 Hudson Avenue, Iowa City, Iowa; and WHEREAS, Ranshaw Limited Partnership has requested a rezoning of these properties from Medium Density Single Family (RS -8) zone to Community Commercial (CC -2) zone; and WHEREAS, the Comprehensive Plan indicates that the area is appropriate for general commercial uses; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for neighborhood compatibility, prevention of commercial traffic in the residential neighborhood, and screening between commercial and residential uses; and WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, Ranshaw Limited Partnership and Shirken LLC (collectively "the owners ") have agreed that the properties shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of RS -8 to CC -2: LOT 16, 17, 18, AND 10 OF BAILEY AND BECK'S ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 3, AT PAGE 161, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, EXCEPTING THEREFROM, ALL THAT PART OF SAID LOT 19 LYING SOUTHERLY OF A LINE BEGINNING AT A POINT N2 °38.5'W, 5.1 FT FROM THE SE CORNER OF SAID LOT 19, ON THE EAST LINE THERE OF; THENCE S88 °33.75'W, 124.5 FT.; THENCE N32 °53.5W, 23.2 FT TO A POINT N3 °09.5'W, 20.6 FT FROM THE SW CORNER OF SAID LOT 19, ON THE WEST LINE THEREOF. SAID RESULTANT TRACT OF LAND CONTAINS 0.69 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. ZONING MAP. The building official 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 the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. Ordinance No. Page 2 SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at Ranshaw Limited Partnership'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 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 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 day of 12011. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office s'��� � I 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 Dickens Hayek Mims Wilburn Wright First Consideration 6/21/201 Voteforpassage: AYES: Champion, Dickens, Hayek, Mims, Wilburn, Wright, Bailey. NAYS: None. ABSENT: None. Second Consideration 7/5/2011 Vote for passage: AYES: Hayek, Mims, Wilburn, Wright, Bailey, Champion, Dickens. NAYS: None. ABSENT: None. Date published Prepared by: Christina Kuecker, Assoc. Planner, 410 E. Washington St, Iowa City, IA; 319 - 356 -5243 (REZ11- 00008) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and among the City of Iowa City, Iowa, a municipal corporation (hereinafter "City ") and Ranshaw Limited Partnership and Shirken LLC (hereinafter collectively "Owners "). WHEREAS, Ranshaw Limited Partnership is the legal title holder of property located at 1022 Hudson Avenue, Iowa City, Iowa; and WHEREAS, Shirken LLC is the the legal title holderof property located at 1014 and 1016 Hudson Avenue, Iowa City, Iowa; and WHEREAS, the Owners have requested the rezoning of said properties from Medium Density Single Family (RS -8) to Community Commercial (CC -2) zone; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding the need for neighborhood compatibility, prevention of commercial traffic in the residential neighborhood, and screening between commercial and residential uses, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owners acknowledge that certain conditions and restrictions are reasonable to ensure the development of these properties is consistent with the Comprehensive Plan and the need for neighborhood compatibility, prevention of commercial traffic in the residential neighborhood, and screening between commercial and residential uses; and WHEREAS, the Owners agree to develop these properties in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Ranshaw Limited Partnership and Shirken LLC collectively are the legal title holders of the property legally described as: LOT 16, 17, 18, AND 10 OF BAILEY AND BECK'S ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 3, AT PAGE 161, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, EXCEPTING THEREFROM, ALL THAT PART OF SAID LOT 19 LYING SOUTHERLY OF A LINE BEGINNING AT A POINT N2 °385W, 5.1 FT FROM THE SE CORNER OF SAID LOT 19, ON THE EAST LINE THERE OF; THENCE S88 °33.75'W, 124.5 FT.; THENCE N32 °53.5W, 23.2 FT TO A POINT N3 °09.5'W, 20.6 FT FROM THE SW CORNER OF SAID LOT 19, ON THE WEST LINE THEREOF. SAID RESULTANT, TRACT OF LAND CONTAINS 0.69 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The Owners acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Southwest district plan. Further, the parties acknowledge that Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owners agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. No curb cut shall be allowed on to Hudson Avenue; b. The building design and site plan shall be approved by the Staff Design Review Committee to ensure compatibility with the neighborhood and the following criteria: - A vegetative screen shall be planted along the northern boundary to the residential zone to complement the building design and soften the appearance of the northern elevation of any commercial building with use of ornamental or evergreen trees; - The north elevation of the commercial building shall be amore decorative wall than the wall of the adjacent existing strip commercial building, with use of such materials as a decorative masonry finish or a pattern within the masonry; - The Hudson Avenue elevation shall not be a blank wall, but rather shall have a more pedestrian - scaled building fagade with features such as windows, awnings, and bike and pedestrian access; - The storefront design shall incorporate the use of traditional building materials such as brick or wood. 4. The Owners and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2011), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owners and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owners acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owners or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by 2 reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of CITY OF IOWA CITY Matthew J. Hayek, Mayor Attest: Marian K. Karr, City Clerk Approved by: City Attorney's Office 0 j0 CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) 2011. +BY7� This instrument was acknowledged before me on 2011 by Matthew J Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 3 ��� A.D. 2011, before me, the unders4ne , a N tary Public On this day of pP in and for the State of Iowa, personally appeared Kurt• Ransl�s,. +r `� to me personally known, who being by me duly sworn, did say tathe person is r (title) of and�c� n uc , and that said instrument was signed on behalf of the said limited liability company by authority of its managers and the said acknowledged the execution of d instru nt to be the voluntary act and deed of said limited liability company by it un rily�ut�d Al S $EVIAM1N RYAN NICHOLSON oP n My CO! 41s on Expir x -a o es �L Notary Pu c i a for the State of Iowa 10 W p Commission #722035 My commission expires: PARTNERSHIP ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , 2011, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, who being by me duly sworn, did say that the person is one of the partners of , an Iowa General /Limited Partnership, and that the instrument was signed on behalf of the partnership by authority of the partners; and the partner acknowledged the execution of the instrument to be the voluntary act and deed of the partnership by it, and by the partner voluntarily executed. Notary Public in and for the State of Iowa My commission expires: 0 Prepared by: Douglas Boothroy, HIS, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5121 ORDINANCE NO. 11 -4437 AN ORDINANCE AMENDING CITY CODE TITLE 14, CHAPTER 4, ENTITLED USE REGULATIONS, ARTICLE D, TEMPORARY USES, ADDING PROVISIONS TO ALLOW FOOTBALL GAME DAY COMMERCIAL USES AS A TEMPORARY USE ALONG MELROSE AVENUE AND AMENDING CHAPTER 9, ENTITLED DEFINITIONS, TO ADD THE DEFINITION OF TAILGATING. WHEREAS, it is deemed that, with appropriate permit approval criteria, football game day temporary commercial uses should be allowed along Melrose Avenue on Iowa home football game days; and WHEREAS, the Planning and Zoning Commission has recommended amending the zoning code to allow for football game day temporary commercial uses along Melrose Avenue; and WHEREAS, it is in the public interest to allow short -term temporary commercial uses along Melrose Avenue on Iowa football game days and establish regulations thereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Article D: City Code Title 14, Chapter 4 is hereby amended as follows: a.) 14AD -2 Temporary Uses Allowed. Amend the Iowa City Zoning Code Title 14- 4 -D -2, Temporary Uses Allowed, to add the temporary use: L. Football Game Day Commercial Use b.) 14 -4D -3 Permit Required. Amend the Iowa City Zoning Code Title 14 -4D -3, Permit Required, by deleting the existing paragraph in its entirety and replacing it with the following: A temporary use permit is required for all temporary uses listed in subsection B, above, unless specifically exempted. Tailgating and tailgate parking held on home Iowa football game days do not require a Temporary Use Permit. Procedures for obtaining a permit are contained in Article 14 -813 of this Title, Administrative Approval Procedures. l c.) 14 -4D-4 Approval Criteria. Amend the Iowa City Zoning Code Title 14 -4D-4 to add additional approval criteria for football game day commercial vending. H. Football Game Day Commercial Use Display permit. Vendors must prominently display the permit and it must be clearly viewable from the public right -of -way. 2. Assignment and use by others. A vendor may not assign its space /permit to any other vendors. 3. Location. Vendors are only allowed to locate along the Melrose Avenue street frontage between the Iowa Interstate Railway right-of-way and Melrose Circle. 4. Setup /Teardown. Vendors are not allowed to set up before 10:00 a.m. the day before game day and must tear down /remove all equipment and materials after each game. Ordinance No. 11 -4437 Page 2 5. Clean -up responsibility. All vendors must keep any area where they vend litter -free and shall remove litter from any adjacent public property /right -of -way. Vendors shall provide a trash container with unfilled capacity at all times. Vendors with liquid waste (oil, grease, grey water, etc.) must provide disposal units for the waste. Commercial liquid waste shall not be placed in gutters, port -a -johns or on the ground. 6. No blocking of sidewalk/right -of -way. No vendor shall block or obstruct the free movement of pedestrians or vehicles on a sidewalk, street, or other public right -of -way. Tents /stands must be set back at least 2 feet from the back edge of public sidewalks. 7. Signage. Vendor signage is only allowed on the vendor's stand /vehicle /tent and is not allowed on utility poles across the public sidewalk, on buildings or as yard signs. No electrically lit signs will be allowed. 8. Sales tax permit. Each vendor whose sales are subject to sales tax must provide a copy of their sales tax permit. 9. Insurance /indemnification. All vendors must provide to the City evidence of comprehensive general liability insurance of $500,000 per occurrence and $1,000,000 aggregate and must indemnify the City against all damages that may result from the vendor's permitted temporary commercial use and /or the vendor's use of the public right -of -way. 10. Fire extinguishers. All vendors must provide at least one five pound, 2A 10 BC extinguisher that is functional and accessible at all times. 11. Health permits. All food vendors must secure necessary health permits from the Johnson County Department of Health and prominently display the permit so it is clearly viewable from the public right -of -way. 12. Cooking tents. All tents used for cooking (regardless of size) must be approved by the Fire Code /Building Official. Cooking tents will be required to be separated from other tents, parked vehicles and lot lines. LP containers exceeding 96 pounds require approval from the Fire Code /Building Official. 13. Tent size. All tents and membrane structures having an area in excess of 400 square feet shall not be erected or operated for any purpose without first obtaining approval from the Fire Code /Building Official. 14. Alcohol. No alcohol is allowed to be sold, dispensed or otherwise made available to the public in conjunction with any temporary commercial use. 15. Utility Location. Any tents and membrane structures using stakes or similar ground attachments must call the City for utility location at least 24 hours before setup. Vendors must comply with "one- call" utility location requirements. 16. Violation of these provisions. Any violation of the temporary use permit conditions will result in a civil citation and loss of the temporary commercial use permit for a minimum of seven home games. The City also reserves the right to deny a temporary use permit for the same location for a minimum of seven home games. SECTION II. AMENDMENT. Article A: City Code Title 14, Chapter 9 is hereby amended as follows. Ordinance No. X44 7 Page 3 a.) 14 -9A Definitions. Amend the Iowa City Zoning Code Title 14 -9A, Definitions, to add the definition of "tailgating ". Tailgating: A home football game day informal social gathering that is non - commercial and may include eating and drinking beverages (alcoholic or non - alcoholic) as part of the activities. Temporary parking on unimproved surfaces located on private property is allowed during tailgate events. No alcohol is sold at a tailgate, nor is any admission fee charged, goods sold or given away, nor services provided for a fee. 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 5th day of July 120 11 MAYOR ATTEST: CI `CLERK Ap oved b City Attorney's Office hisadm /ord /amend 14- 4D.doe Ordinance No. 11 -4437 Page 4 It was moved by Champion and seconded by Mime that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey _x Champion x Dickens x Hayek Mims X Wilburn x Wright First Consideration 6/21/2011 Voteforpassage: AYES: Dickens, Hayek, Mims, Wilburn, Wright, Bailey, Champion. NAYS: None. ABSENT: None. Second Consideration --------------------- Vote for passage: Date published 7/14/2011 Moved by Wilburn, seconded by Champion, that the rule requiring ordinances to be considered and ,7oted on for passage at two Council meetings prior to the meeting at which it is to be finally .3assed be suspended, the second consideration and vote be.waived and the ordinance be voted upon For final passage at this time. AYES: Mims, Wilburn, Wright, Bailey, Champion, Dickens, Hayek. JAYS: None. ABSENT: None. Marian Karr I 5C 2 From: melvin sunshine <m.sunshine @mchsi.com> Sent: Wednesday, June 22, 2011 3:25 PM To: Council Subject: Melrose Ave area and tailgating This correspondence will become a public record. Not only do all the problems with unruly tailgaters affect the residential area and residents near Kinnick Stadium but they also affect residents of other parts of our city. Even after the game starts, it is very difficult to use Melrose Avenue for traveling. One Saturday game day, with the game starting in the morning, we were going to Minneapolis and used Melrose Ave to get to 1380. We left our house 30 minutes after the game started and arrived at Melrose and Kinnick about 45 minutes after game start. It took us over 15 minutes to traverse the several blocks because of all the tailgaters still milling around, acting as if the street belonged to them. We wondered if Kinnick was only half full with all the people around on Melrose. I believe that more conversations between the city, University AND AFFECTED RESIDENTS are needed and shouldn't wait until the football season is over. Melvin G. Sunshine 340 Raven St. Marian Karr From: Jean Walker <walkersic @yahoo.com> Sent: Wednesday, June 29, 2011 3:58 PM To: Marian Karr; Council Cc: Jean Walker Subject: Football game days: Vending Permit Regulations and Comprehensive Review Attachments: VendingCouncill1_06- 29.docx Attached is a letter to the Iowa City City Council, submitted by: Jean Walker 335 Lucon Drive Iowa City, IA 52246 Thank you, Jean Walker FOOTBALL GAME DAYS: VENDING PERMIT REGULATIONS AND COMPREHENSIVE REVIEW Submitted to the Iowa City City Council by Jean Walker, Melrose Neighborhood Representative June 29, 2011 VENDING REGULATIONS We, in the Melrose Neighborhood, appreciate that the City Council is considering instituting regulations for vending on football game days. At the last Council meeting (on June 21) I presented a request for amendments (listed below) to those regulations. We would appreciate if you would now consider those amendments for inclusion in the regulations at this time. We would appreciate some discussion by the Council of these amendments and I shall be present at the July 5 Council meeting to answer any questions you might have about them. Requested amendments to the vending regulations: 1. While in the present location, vending be curtailed to the area of Melrose Avenue between the bridge at University Heights and 711 Melrose Avenue, where 24 of the current 25 vendors are located. 2. The University of Iowa supply an adequate number of portapotties and trash cans along Melrose Avenue and throughout the neighborhood. 3. For the protection of our pets and the neighborhood wildlife, the shish -kabob sticks (or any other life- threatening foods) be banned, especially as the vendor could come up with an alternate way to serve that food. If not seen as a humane issue, this matter should be considered as a liability issue, now that it has been raised in public on a number of occasions. [On this topic, I (as a 38 -year resident in the neighborhood) and others resent being told by a vendor, coming into the neighborhood to make a profit selling dangerous items, when we should walk our dogs, when the vendor is under the erroneous impression that these items magically disappear from the neighborhood sidewalks etc. two days after the game.] 4. For the same reason, if the turkey legs are not banned, the vendor should place a prominent notice on his stand reminding people to dispose of the remains responsibly. In fact all food /beverage vendors should display notices for people to dispose of their trash responsibly. S. Please add that there be no selling except on game day. 6. Have clear -up by noon the day after the game (rather than by Monday morning). 7. Mandatory vendor meeting with the Housing /Building Inspection Services for new vendors (so that they understand the new regulations). COMPREHENSIVE REVIEW OF FOOTBALL GAME DAYS We are very encouraged that some of the Council members, at the June 21 Council meeting, supported our suggestion that there be a comprehensive review of football game days. We think that bringing together representatives of all the stakeholders (e.g., the City, the neighborhood, the UI, and the vendors) will result in some very positive brain - storming that could benefit our whole community. We envision that some of the participants might be: Appropriate City Staff A representative of the Iowa City Police Department UI representatives including: Appropriate UI Staff A representative of the UI Athletics Department The chairperson of the UI Committee in Control of Athletics, Bill Hines The UI's vice president of student life, Tom Rocklin The UI coordinator of campus and community alcohol harm reduction, Kelly Bender A representative of the Melrose Avenue Neighborhood Roy Christiansen, a vendor with experience of football game days at other Big Ten universities Others as appropriate We request that the first meeting should occur before the upcoming football season to see what immediate improvements can be made. We envision that the participants would come to that meeting to learn of the current football game day operations, to express any problems that they have with football game days and with a willingness to brain -storm to improve them, for the good of the whole Iowa City community. S <�-- Marian Karr From: Mitch Thomann <mthomannl.618 @gmail.com> Sent: Thursday, June 30, 2011 4:08 PM To: Council Subject: Question Council, I read the article in the Press Citizen describing the council's passing of the first part of an ordinance banning sale of alcohol by vendors. Clearly this is another thinly veiled assault on Magic Bus. Can any of you give me a good reason why you continually attack a charity organization? Tailgating is going to happen no matter what asinine legislation you enact, as this is a college town with a major college football stadium. Why is it your goal to destroy an organization that does not profit off of tailgating, but has a long track record of donating all of its considerable earnings to local charities? Not only that, it provides a safe and fun location for people to have a good time before kickoff. Someone please respond because I would like some justification for your actions or at least an understanding of your thought process. Mitch Thomann �5G Marian Karr From: Allen Miller <magicbusl991 @gmail.com> Sent: Tuesday, July 05, 2011 5:00 PM To: Council Cc: Doug Boothroy; Eleanor M. Dilkes Subject: Magic Bus proposed The Magic Bus organization has worked with 2 local attorneys and a couple of consultants regarding zoning and land use. We have examined alternative sites, and have determined that the best possible location is the original location at 817 Melrose Ave. Below is language we propose be added to the ordinance currently under consideration. This would actively prevent a competing business model that had any intentions other than a strictly charitable operation. "This definition does not include any of the above activities if conducted by a domestic or foreign nonprofit corporation or association that is in good standing with the Secretary of State of Iowa, or a federally recognized tax - exempt organization that is in good standing with the Internal Revenue Service ( "Host Organization'), for purposes of fundraising for the Host Organization, or for any other domestic or foreign nonprofit corporation or association that is in good standing with the Secretary of State of Iowa, or a federally recognized tax - exempt organization that is in good standing with the Internal Revenue Service ( "Recipient Organization')." We appreciate your consideration, and will have a representative available to answer any questions. Allen Miller 331 -8945 Noah Silvey 621 -0870 Prepared by: Kristopher Ackerson, Asst. Transportation Planner, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5247 ORDINANCE NO. ORDINANCE AM E DING TITLE 3, ENTITLED "FI ANCES, TAXATION AND FEES" AND TITLE 9, EN ED "MOTOR VEHICLES A D TRAFFIC' OF THE IOWA CITY CODE OF ORDINAN ES TO ESTABLISH DOW OWN MOPED PARKING PERMIT Vissues IREMENTS A FEES WHEREAS, residents aenjoy the pede trian friendly streetscape of downtown Iowa City; and WHEREAS, mopeds anparked on si ewalks reduce pedestrian safety and access to bike racks; an WHEREAS, the Univer issues otorcycle and moped parking permits for designated parking area WHEREAS, the City Cos t fa ilitate parking for fuel efficient vehicles, such as bicycles, mopeds, anles; a d WHEREAS, mopeds are the only me parking in downtown Iowa City; NOW, THEREFORE, BE IT ORDA,I'NED BY IOWA CITY, IOWA: / SECTION I. AMENDMENTS. vehicle currently not required to pay for E CITY COUNCIL OF THE CITY OF 1. Amend Section 3 -4 -8 of he Iowa City Code of following language after the "Surface lot fees ": Permit for Designated Moped and Motorcycle Spaces m 6 -month per : $25. Annual permiV $50. 0 nces by insertilie :7_c n-< to =4 r) �G mi -. k_0 2. Amend City Code S ction 9 -4 -1 of the Iowa City Code of O inances4by adder the following: 20. In a bike rack unless specifically authorized by the City Man ger pursuant to 9- 8 -4(B). 3. Amend Section 9- 5 -4(F) of the Iowa City Code of Ordinances by del ti the section in its entirety and replacing it with the following language. Permit Lots and Spaces: A parking permit system for city lots and parking spaces designated for permit parking is hereby established for designation by the city (C 71 M 0 manager or designee. The duration and fee for permits shall be as provided in the schedule of fees, Title 3, Chapter 4 of this code. The permit holder is entitled to park in the city parking lot or parking space designated for such purpose, and the permit shall be issued by the city manager or designee. No driver or owner other than a permit holder shall stop, stand or park any motor vehicle in any area in the city owned lot or parking spaces desiglqated by such signs or other markers for the exclusive use of permit holde s. (1978 Code §23 -277; amd. 1994 Code; Ord. 97 -3765, 1 -14 -1997) 4. A end Section 9- 8 -4(A) of the Iowa City C e of Ordinances by deleting the sect n in its entirety and replacing with the? following language: No perso shall drive a motor vehicle in bicycle path, lane or parking area or park any m for vehicles in such a path, ne or parking area. Motorized bicycles, motor bicycle and mopeds are prohibi ed from parking in bicycle parking areas, except as othe ise allowed pursuant o Paragraph B below. SECTION II. REPEALS . All Ordinanc sand parts of ordinances in conflict with the provision of this Ordinan are hereby repealed. SECTION III. SEVERABILIT . If any ection, provision or part of the Ordinance shall be adjudged to be invalid or un ons itutional, such adjudication shall not affect the validity of the Ordinance as a wh I or any section, provision or part thereof not adjudged invalid or unconstitutio EFFECTIVE DATE Passed and approved this day of MAYOR ATTEST: CITY CLER Ordinance shall be effective upon publication. Attorney's by 2011. City _ q ::f Cam. .0 r° rn Cr L. Prepared by: Kristopher Ackerson,,Asst. Transportation Planner, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5247 ORDINANCE NO. ORDINANCE AMENDING TITLE 3, ENTITLED "FINANCES, TAXATION AND FEES" AND TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC" OF THE IOWA CITY CODE OF ORDINANCES TO ESTABLISH DOWNTOWN MOPED PARKING PERMIT REQUIREMENTS AND FEES WHEREAS, residents and visitors enjoy the pedestrian friendly streetscape of downtown Iowa City; and WHEREAS, mopeds and scooters parked on sidewalks reduce pedestrian safety and access to bike racks; and WHEREAS, the University of Iowa issues motorcycle and moped parking permits for designated parking areas; and WHEREAS, the City Council wishes to facilitate parking for fuel efficient vehicles, such as bicycles, mopeds, and motorcycles; and WHEREAS, mopeds are the only motorized vehicle currently not required to pay for parking in downtown Iowa City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 1. Amend Section 3 -4 -8 of the Iowa City Code of Ordinances by inserting the following language after the "Surface lot fees ": Permit for Designated Moped and Motorcycle Spaces: Annual permit: $45. 2. Amend City Code Section 9 -4 -1 of the Iowa City Code of Ordinances by adding the following: 20. In a bike rack, unless specifically authorized by the City Manager pursuant to 9- 8 -4(8). 3. Amend Section 9- 5 -4(F) of the Iowa City Code of Ordinances by deleting the section in its entirety and replacing it with the following language: Permit Lots and Spaces: A parking permit system for city lots and parking spaces designated for permit parking is hereby established for designation by the city manager or designee. The duration and fee for permits shall be as provided in the schedule of fees, title 3, chapter 4 of this code. The permit holder is entitled to park in the city parking lot or parking space designated for such purpose, and the permit shall be issued by the city manager or designee. No driver or owner other than a permit holder shall stop, stand or park any motor vehicle in any area in the city owned lot or parking spaces designated by such signs or other markers for the exclusive use of permit holders. 4. Amend Section 9- 8 -4(A) of the Iowa City Code of Ordinances by deleting the section in its entirety and replacing with the following language: No person shall drive a motor vehicle in a bicycle path, lane or parking area or park any motor vehicles in such a path, lane or parking area. Motorized bicycles, motor bicycles and mopeds are prohibited from parking in bicycle parking areas, except as otherwise allowed pursuant to Paragraph 8 below. SECTION ll. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective on January 1, 2012. Passed and approved this day of MAYOR ATTEST: CITY CLERK 2011. Approved by / Gt'A GZ�t)7� ,�5��� Lity '�Z t orney's Office �� /// 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 Dickens Hayek Mims Wilburn Wright First Consideration 715/2011 Vote for passage: AYES: Wright, Bailey, Champion, Dickens, Hayek, Mims, Wilburn. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published O' K Prepared by: Ed Moreno, Public Works, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5162 ORDINANCE NO. 11-4438 AN ORDINANCE AMENDING CITY CODE TITLE 16, CHAPTER 3, CONNECTION TO DISTRIBUTION MAIN, ARTICLE C, SECTION 3. WHEREAS, the Water Division recommends amending the City Ordinance — Section 16 -3C -3 to address water service maintenance and shutoff issues to multi - family units with only one stop box and multiple meters and to allow more flexibility for the owner with regard to the billing for existing multi - family units with no common utility space; and WHEREAS, any agreements entered into between the Public Works Director and owners of existing multi- family units without a common utility space should address access, liability and billing concerns. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Amend Iowa City code of Ordinance 16 -3C -3 "Connection to Distribution Water Main" accordingly: 1. Delete 16- 3C- 3(B)(5)(b) in its entirety and replace with the following: b. If an existing building is modified to provide two (2) or more dual purpose water meters and is served by only one service line and one outside stop box, the account holder shall provide a common utility space with outside access. 2. Add the following subsection to 16- 3C- 3(B)(5): c. For those buildings so modified between January 30, 1996 and July 1, 2011, where no common utility space with outside access is available, the account(s) attributable to the stop box shall be placed in the property owner's name, unless otherwise agreed upon in writing by the Public Works Director. 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 5th day of Tul y 20 11 MAYOR lJ ATTEST: 7C CIT `CLERK Approved by Ci y Attorney's Office hisadm /ord /amend 14- 4D.doc Ordinance No. 11 -4438 Page 2 It was moved by Wilburn and seconded by Bailey that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x — Dickens x Hayek X Mims _x_ Wilburn x Wright First Consideration 6/21/2011 Vote for passage: AYES: Hayek, Mims, Wilburn, Wright, Bailey, Champion, Dickens. NAYS: None. ABSENT: None. Second Consideration --------------- ----- Vote for passage: Date published 7/14/2011 Moved by Wilburn, seconded by Mims, 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, Dickens, Hayek, Mims, Wilburn, Wright, Bailey. NAYS: None. ABSENT: None.