HomeMy WebLinkAbout2013-06-18 Ordinance6a
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Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5234 (REZ13- 00003)
ORDINANCE NO. 13 -4536
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 2 ACRES FROM COUNTY
RESIDENTIAL (R) AND APPROXIMATELY 2.83 ACRES FROM LOW - DENSITY SINGLE- FAMILY
RESIDENTIAL (RS -5) TO LOW - DENSITY MULTI - FAMILY RESIDENTIAL (RM -12) LOCATED EAST OF
SCOTT BOULEVARD AND NORTH OF MUSCATINE AVENUE AND AMERICAN LEGION
ROAD.(REZ13 -00002 & REZ13 -00003)
WHEREAS, the applicant, Allen Homes, has requested annexation and rezoning of approximately 2
acres located near the northeast corner of Scott Boulevard and American Legion Road from County
Residential (R) to Low - Density Multi - Family (RM -12); and
WHEREAS, the applicant, Allen Homes, has also requested a rezoning of approximately 2.38 acres
located at 3410 Muscatine Avenue from Low - Density Single - Family Residential (RS -5) to Low - Density Multi -
Family Residential (RM -12); and
WHEREAS, American Legion Road is a rural road without sidewalks, curb, gutters or storm sewers,
which inhibits. the ability of said road to serve future development on the subject property and the ability of
residents to walk or bike outside the immediate area; and
WHEREAS, the Southeast District Plan future land -use map depicts the subject area as appropriate for
low- to medium - density multi - family residential development; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined
that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for a
street improvements and sidewalks along the property's frontage with Scott Boulevard and American Legion
Road; and
WHEREAS, Iowa Code §414.5 (2013) 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 owner and applicant have agreed that the property 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, the property described below is hereby reclassified from its current zoning designation of County
Residential (R) to Low - Density Multi - Family (RM -12):
LEGAL DESCRIPTION
Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5 West, of the Fifth
Principal Meridian, Johnson County. Iowa, Thence S89 °26'36 "E, along the South Line of the Southwest
Quarter of the Northwest Quarter of said Section 18, a distance of 300.19 feet, to the Point of Beginning;
Thence N01 030'10 "W, 510.03 feet, to a Point on the South Line of Parcel 1, of the Ralston Creek Property
Acquisition, in accordance with the Plat thereof Recorded in Plat Book 19, at Page 84 of the Records of the
Johnson County Recorder's Office; Thence S89 027'12 "E, along said South Line, 180.08 feet; Thence
S00 °33'24 "W, 509.73 feet, to a Point on the South Line of said Southwest Quarter of the Northwest Quarter;
Thence N89 026'36 "W, along said South Line, 161.75 feet, to the Point of Beginning.
SECTION II APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated
herein, the property described below is hereby reclassified from its current zoning designation of Low - Density
Single - Family Residential (RS -5) to Low - Density Multi - Family Residential (RM -12):
Ordinance No. 13 -4536
Page 2
LEGAL DESCRIPTION
Commencing at the West Quarter Comer of Section 18, Township 79 North, Range 5 West, of the Fifth
Principal Meridian, Iowa City, Johnson County. Iowa, Thence S89 026'36 "E, along the South Line of the
Southwest Quarter of the Northwest Quarter of said Section 18, a distance of 50.03 feet, to the Point of
Beginning; Thence N01 030'10 "W, along the Easterly Right -of -Way Line of Scott Boulevard, a distance of
207.76 feet; Thence Northeasterly, 304.63 feet, along said Easterly Right -of -Way Line, on a 1095.92 foot
radius curve, concave Southeasterly, whose 303.65 foot chord bears N06 027'37 "E, to its intersection with the
South Line of Parcel 1, of the "Ralston Creek Property Acquisition, in accordance with the Plat thereof
Recorded in Plat Book 19, at Page 84 of the Records of the Johnson County Recorder's Office ; Thence
S89 °27'12 "E, along said South Line, 208.07 feet; Thence S01 030'10 "E, 510.03 feet, to a Point on the South
Line of said Southwest Quarter of the Northwest Quarter; Thence N89 026'36 "W, along said South Line,
250.16 feet, to the Point of Beginning.
SECTION III. 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 IV. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to
sign, and the City Clerk to attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
SECTION V. 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 the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION VI. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VII. 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 VIII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this 18th day of June , 2013.
01
•-
ATTEST: �
CITY-CLERK
�`y ffi V-1-DiZi,0I
Ordinance No. 13 -4536
Page 3
It was moved by Payne and seconded by _ Dickens . _ that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
x Dickens
x Dobyns
_x Hayek
x Mims
x Payne
x Throgmorton
First Consideration 6/4/2013
Voteforpassage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton,
Champion. NAYS: None. ABSENT: None.
Second Consideration - --
Vote for passage:
Date published 6/27/2013
Moved by Payne, seconded byChampion,that the rule requiring ordinances to be considered and voted o
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: Mims, Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek.
DAYS: None. ABSENT: None.
Prepared by: Andrew Bassman, PCD, 410 E. Washington, Iowa City, IA 52240, 356 -5251 (REZ13- 00002 /REZ13- 00003)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City "), Allen Homes, Inc., (hereinafter "Applicant ") and Sally Hall and Hieronymus
Family Partnership LLP (hereinafter collectively "Owners ").
WHEREAS, Owners are the legal title holders of approximately 4.83 acres of property
located at the northeast corner of Scott Boulevard and American Legion Road; and
WHEREAS, the Applicant with the Owners' consent has requested the rezoning of said
property from Low - Density Single - Family Residential (RS -5) and County Residential (R) to Low -
Density Multi - Family Residential (RM -12) zone; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding improvements to American Legion Road and installation of a temporary
sidewalk along the property's frontage with said road until these improvements are complete,
installation of sidewalk along the property's frontage with Scott Boulevard, dedication of a
public right -of -way within the subject property, and design review to ensure compatibility of
multi - family development, 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 and Applicant acknowledge that certain conditions and
restrictions are reasonable to ensure the development of the property is consistent with the
Comprehensive Plan and the need for infrastructure improvements, traffic safety and
neighborhood compatibility; and
WHEREAS, the Owners and Applicant agree to develop this property 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. Sally Hall is the legal title holder of the property legally described as follows:
Commencing at the West Quarter Corner of Section 18, Township 79 North, Range
5 West, of the Fifth Principal Meridian, Iowa City, Johnson County. Iowa, Thence
S89 026'36 "E, along the South Line of the Southwest Quarter of the Northwest
Quarter of said Section 18, a distance of 50.03 feet, to the Point of Beginning;
Thence N01 °30'10 "W, along the Easterly Right -of -Way Line of Scott Boulevard, a
distance of 207.76 feet; Thence Northeasterly, 304.63 feet, along said Easterly
Right -of -Way Line, on a 1095.92 foot radius curve, concave Southeasterly, whose
303.65 foot chord bears N06 °27'37 "E, to its intersection with the South Line of
Parcel 1, of the Ralston Creek Property Acquisition, in accordance with the Plat
thereof Recorded in Plat Book 19, at Page 84 of the Records of the Johnson
County Recorder's Office; Thence S89027'11 2"E, along said South Line, 208.07 feet;
Thence S01 °30'10 "E, 510.03 feet, to a Point on the South Line of said Southwest
{01408776. DOC) ppdadm1agt101 4 0 8 7 76.doc
Quarter of the Northwest Quarter; Thence N89 °26'36 "W, along said South Line,
250.16 feet, to the Point of Beginning.
2. Hieronymus Family Partnership LLP is the legal title holder of the property legally
described as follows:
Commencing at the West Quarter Corner of Section 18, Township 79 North, Range
5 West, of the Fifth Principal Meridian, Johnson County. Iowa, Thence
S89 026'36 "E, along the South Line of the Southwest Quarter of the Northwest
Quarter of said Section 18, a distance of 300.19 feet, to the Point of Beginning;
Thence N01 030'10 "W, 510.03 feet, to a Point on the South Line of Parcel 1, of the
Ralston Creek Property Acquisition, in accordance with the Plat thereof Recorded
in Plat Book 19, at Page 84 of the Records of the Johnson County Recorder's
Office; Thence S89 °27'12 "E, along said South Line, 180.08 feet; Thence
S00 °33'24 "W, 509.73 feet, to a Point on the South Line of said Southwest Quarter
of the Northwest Quarter; Thence N89 026'36 "W, along said South Line, 161.75 feet,
to the Point of Beginning.
3. The Owners and Applicant acknowledge that the City wishes to ensure conformance to
the principles of the Comprehensive Plan and the Southeast 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 a rezoning request, over and above the
existing regulations, in order to satisfy public needs caused by the requested change.
4. In consideration of the City's rezoning the subject property, Owners and Applicant agree
that development of the subject property will conform to all other requirements of the
zoning chapter, as well as the following conditions:
a. Prior to receiving a building permit for development of dwelling units on the subject
property, Owners or Applicant shall pay $36,653 to cover 12.5% of the cost of
improving American Legion Road frontage adjacent to the subject properties to
City street standards, or provide a letter of credit for the same; and
b. Prior to receiving an occupancy permit for a building on the subject property,
Owners or Applicant shall install an 8 -foot wide sidewalk (the City will promptly
reimburse Owners /Applicant for 3 feet of the required 8 -foot width) along the
property's frontage with Scott Boulevard; and
c. Prior to receiving an occupancy permit for a building on the subject property,
Owners or Applicant shall install a 5 -foot wide temporary sidewalk according to
plans and specifications approved by the City Engineer along the property's
frontage with American Legion Road unless a permanent sidewalk has already
been installed; and
d. Prior to issuance of a building permit for a dwelling unit the Owners or Applicant
shall construct and dedicate a public street along the eastern property line of the
property in accordance with construction plans approved by the City; and
e. Prior to issuance of a building permit for a dwelling unit the Owners or Applicant
shall dedicate the street right -of -way necessary for the improvement of Scott
Boulevard and American Legion Road as illustrated on the attached exhibits; and
f. The development plan for the subject properties shall be reviewed and approved
by the Design Review Committee prior to issuance of a building permit for a
dwelling unit.
5. Upon completion of the items specified in paragraph 4 above, the City shall promptly issue
{01408776.DOC) ppdadm /agt/01408776.doc 2
to the Applicant a good and sufficient release for the dwelling units on the property so that
this Conditional Zoning Agreement will not constitute a cloud on the title to the property.
6. The Owners, Applicant 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.
7. The Owners, Applicant 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.
8. 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, shall inure to the benefit of
and bind all successors, representatives, and assigns of the parties and shall remain in
full force and effect as a covenant running with title to the land, unless or until released
of record by the City of Iowa City.
9. The Owners and Applicant 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.
10. The parties agree that this Conditional Zoning Agreement shall be incorporated by
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.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
{01408776.DOC} ppdadm1agU0I408776.doc 3
SIGNATURE PAGE TO CONDITIONAL ZONING AGREEMENT
Dated this day of _k-� -1 '2013.
CITY OF IOWA CITY
Matthew(.. Hayek, Mayor Sa ly all, OWher
Attest:
�C
Maria K. Karr, City Clerk
Approved by:
/&IL Aj�
City Attorney's Office 57/3(f(3
CITY OF IOWA CITY ACKNOWLEDGEMENT:.
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
Hiero y Fnamil La nership, LLP, Owner
B
Jo n Hieronymus, Partne
Allen Homes, Inc., Applicant
By:
Je a len, President
This instrument was acknowledged before me on T mv—': 19 , 2013 by Matthew J.
Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City.
o s SONDRAE FORT
Commission Number 159791
My Commission Fires
INDIVIDUAL ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
S-� ��
Notary Public in and for the State of Iowa.
On this Z day of May, 2013, before me, the undersigned, a Notary Public in and for said
County, in said State, personally appeared Sally Hall, to me known to be the identical person
named in and who executed the within and foregoing instrument, and acknowledged that she
executed the same as her voluntary act and deed.
EVM B. SWMSON Notary Public in and for the State of Iowa
iNNa� Number 76M My commission expires:
(01408776.DOC) ppdadm/agt/01408776.doc 4
PARTNERSHIP ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this a I day of May, 2013, before me, the undersigned, a Notary Public in and for the State
of Iowa, personally appeared John Hieronymus, to me personally known, who being by me duly
sworn, did say that the person is one of the partners of Hieronymus Family Partnership, LLP, an
Iowa General 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, an by the part er v untarily executed.
MICHAEL J. PIJOH
Notary Public in nd the State of Iowa
My commission expires:
CORPORATION ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of May, 2013, before me, the undersigned, a Notary Public in and for the State
of Iowa, personally appeared Jesse Allen, to me personally known, who being by me duly sworn,
did say that he is the President of Allen Homes, Inc., an Iowa c oration.
oar `a� EVAN B. SWANSON Notary Pubic in and for the State of Iowa
� c•omrniWion Number 768978
�!► My commission expires: >�,�(
� �
{01408776.DOC) ppdadm/agt/01408776.doo 5
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June 12, 2013
City of Iowa City, City Council
410 E. Washington Street
Iowa City IA, 52240
Council Members,
Jesse J. Allen, Owner Office Phone: 319.530.3028
P.O. Box 3474 Office Fax: 319.337.4610
Iowa City, IA 52244 -3474 E -mail: allenhomesinc@gmail.com
Thank you for your support of the rezoning request of the property at 4310
Muscatine Avenue during the June 4th, Formal Meeting. It is the request of Allen Homes
Inc. that the council Members consider approving the rezoning request by combing the
second and third reading during the June 18th Formal Meeting. The positive feedback
during the friendly neighbor meetings and the support of the Council's 7 -0 vote in favor
of the rezoning request is the reason in which this request is being submitted.
Thank you as always for your time.
Best Regards,
esse Allen
6b
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ13- 00013)
ORDINANCE NO. 13 -4537
ORDINANCE REZONING APPROXIMATELY 5.23 ACRES OF LAND LOCATED AT 515, 527, 539
NORMANDY DRIVE AND 820, 822, 930 PARK ROAD, FROM LOW- DENSITY SINGLE - FAMILY
RESIDENTIAL (RS -5) ZONE TO NEIGHBORHOOD PUBLIC (P -1) ZONE. (REZ13- 00013)
WHEREAS, the applicant, the City of Iowa City, has requested a rezoning of property located at 515,
527, 539 Normandy Drive and 820, 822, 930 Park Road from Low - Density Single - Family Residential (RS -5)
to Neighborhood Public (P -1); and
WHEREAS, these properties have been purchased by the City as part of the flood buy -out programs;
and
WHEREAS, Other than the building at 820 Park Road, the structures on these properties have been
demolished; and
WHEREAS, funding sources for the buy -out programs restricts future use of the purchased properties to
public open space; and
WHEREAS, the house at 820 Park Road (known as the Ned Ashton House, listed on the National
Register of Historic Places and as an Iowa City Historic Landmark) will remain as the focal point of the park
and function as a reception hall open to the public and managed by the City Parks and Recreation
Department; and
WHEREAS, section 14 -2F -1 of the zoning code indicates that City owned land, including park land,
should be zoned P -1; and
WHEREAS, the Planning and Zoning Commission has the 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. Property described below is hereby reclassified from its current zoning
designation of RS -5 to P -1:
LEGAL DESCRIPTION
539 Normandy:
That portion of Lot 1, Ashton Place, Iowa City, Iowa, according to the plat thereof recorded in Book 49, Page
108, Plat Records of Johnson County, Iowa, subject to easements and restrictions of record.
527 Normandy:
Commencing at the Southeast Corner of the Southwest Quarter of Section 4, Township 79 North, Range 6
West, of the 5th. principal Meridian; Thence N90 °00'00 "W, along the South Line of said Southwest Quarter,
49.10 feet to the Westerly Right -of -Way Line of Normandy Drive; Thence N00 °07'57 "E, along said Westerly
Right -of -way Line, 265.00 feet to the Southeast Corner of a tract of Land described in Deed Book 288, at
Page 13 of the Records of Johnson County Recorder's Office and the Point of Beginning; Thence N90 000'
00 "W, 152.51 feet to the Easterly Line of a Tract of Land as Recorded in Plat Book 2, at Page 108 of the
Records of the Johnson County Recorder's Office; Thence N00 004'03 "W, along said Easterly Line, 99.76
feet; Thence S89 058'57 "E, 152.86 feet to said Westerly Right -of -Way Line of Normandy Drive; Thence
S00 007'57 "W, along said Right -of -Way Line, 99.71 feet, to the Point of Beginning. Said tract of land
containing 0.35 acres, more or less, and subject to easements and restrictions of record.
515 Normandy:
Ordinance No. 13 -4537
Page 2
Commencing at a point which is 50 feet west and 165 feet north of the southeast corner of the southwest
quarter of Section 4, Township 79 North, Range 6 West of the 5th P.M.; thence north 100 feet; thence west
151.5 feet; thence south 100 feet; thence east 151.5 feet to the point of beginning.
822 Park Road:
Commencing at the Southeast corner of the Southwest Quarter of Section 4, Township 79 North, Range 6
West of the 5th Principal Meridian; Thence N 90 °00'00" W, (An Assumed Bearing), along the South line of
said Southwest quarter, 238.70 feet to the Point of Beginning; Thence continuing N 90 000'00" W, along said
South Line, 200.00 feet; Thence N 12 °26'00" E, 171.60 feet; Thence N 72 008'00" W, 185.91 feet, to the
Easterly Bank of the Iowa River; Thence N 31039'38" E, along the Easterly Bank, 30.89 feet; Thence S
72 008'00" E, 178.55 feet; Thence S 46 °53'32" E, 68.62 feet; Thence S 90 000'00" E, 103.75 feet; Thence S
00 000'00" W, 149.23 feet to the Point of Beginning.
820 Park Road:
Lot 2, Ashton Place, Iowa City, Iowa, in accordance with the plat thereof recorded in Book 49, Page 108, Plat
Records of Johnson County, Iowa.
930 Park Road:
Commencing at a point on the south line of Section 4, Township 79 North, Range 6 West of the 5th P.M.
438.7 feet west of the southeast corner of the southwest quarter of said Section 4; thence north 12 °26' east
171.6 feet; thence north 72 °08' west 200 feet more or less to the easterly bank of the Iowa River; thence
southerly along the easterly bank of the Iowa River to the south line of said Section 4; thence east along the
south line of Section 4, 300 feet more or less to the place of beginning.
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 by law.
SECTION III. 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 to record the same, at the
office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. 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 VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this 18th day of June 2013
ATTEST: a,�,e %� • °7z&d
CI CLERK
Approved by
City Attorney's Office s �� /t3
Ordinance No. 13 -4537
Page 3
It was moved by Payne and seconded by Thkogmorton that the
Ordinance as read be adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
x
NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 6/4/2013
Voteforpassage: AYES:Dobyns, Hayek, Mims, Payne, Throgmorton, Champion,
Dickens. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published 6/27/2013
Kved by Payne, seconded -by Dobyns: 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: Dobyns, Hayek, Mims, Payne, Throgmorton, Championrb;'Ktns
DAYS: None. ABSENT: None.
U5-11 3-13
16
Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 -356 -5030
ORDINANCE NO. 13 -4538
ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 1, DEFINITIONS,
SECTION 1, DEFINITIONS, TO AMEND THE DEFINITION OF "PERFORMER" TO INCLUDE THOSE
TAKING PART IN A PERFORMANCE OF THEATER, AND TO ADD A DEFINITION FOR "THEATER ".
WHEREAS, the City has and does wish to foster quality entertainment venues within the City; and
WHEREAS, one way in which the City has fostered said entertainment is by creating the
"entertainment venue" exception to the Under 21 ordinance; and
WHEREAS, performers of music, comedy, and poetry or prose have been considered "performers"
under our ordinance, but performers of theater have not;
WHEREAS, legitimate, live performances of theater should be included under our ordinance; and
WHEREAS, the City intends to continue to exclude disc jockeys as performers; and
WHEREAS, it is in the best interest of the City to adopt this amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 1, DEFINITIONS, SECTION 1, DEFINITIONS,
is hereby amended be deleting the definition of "PERFORMER" in its entirety and replacing it with the
following language:
PERFORMER: Live person(s) performing for the entertainment of an audience by doing at least
one of the following:
A. Playing musical instrument(s).
B. Singing.
C. Performing comedy.
C. Reading works of poetry or prose.
E. Performing theater.
For purposes of this title, those whose primary role is to play or select
prerecorded music or content, such as disc jockeys (DJs), are not considered
performers.
TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 1, DEFINITIONS, SECTION 1, DEFINITIONS,
is hereby amended be adding the definition of "THEATER" as follows:
THEATER: A depiction or dramatic representation by live performers of people and /or events
real or imagined. Theater performances must provide seating with a view of the
stage sufficient to accommodate at least 50% of the occupant load. Additionally,
during the time of the show, there can be no venue space dedicated to patron
dancing, or any other patron activity other than eating, drinking, and watching the
theater performance.
Ordinance No.
Page 2
13 -4538
SECTION II. 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 upon publication.
Passed and approved this 18th day of .Tune , 2013.
6 -4
MAYOR / /
ATTEST: ✓ ��G� rJ x
CITY CLERK
Approved by
City Attorney's Office
Ordinance No. 13 -4538
Page 3
It was moved by Dobyns and seconded by Payne that the
Ordinance as read be adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
x
NAYS: ABSENT:
First Consideration 6/4/2013
Vote for passage: AYES:
Dobyns. NAYS: None.
Second Consideration --
Vote for passage:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
Hayek, Mims, Payne, Throgmorton,Champion, Dickens,
ABSENT: None.
Date published 6/27/2013
Moved by Dobyns, seconded by Payne, 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: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion,
Dickens. NAYS: None. ABSENT: None.
Ign
M�9 '06-18-=
17
Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5030
ORDINANCE NO. 13 -4539
ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," OF
THE CITY CODE BY ADOPTING AN ORDINANCE SIMILAR IN SUBSTANCE TO THE
PROPOSED INITIATIVE ON TRAFFIC ENFORCEMENT CAMERAS AND DRONES,
AUTOMATIC LICENSE PLATE RECOGNITION SYSTEMS AND OTHER KINDS OF
TRAFFIC SURVEILLANCE SYSTEMS, AND BY REPEALING ORDINANCE NO. 12 -4466
THAT ENABLED AUTOMATIC TRAFFIC ENFORCEMENT.
WHEREAS, Title VII of the City Charter provides for initiative and referendum under certain
circumstances; and
WHEREAS, on October 5, 2012, petitioners Aleksey Gurtovoy and Martha Hampel filed with the City
Clerk an affidavit to commence an initiative on the use of traffic enforcement cameras and drones,
automatic license plate recognition systems and other kinds of traffic surveillance systems; and
WHEREAS, the City Clerk certified the petition as sufficient on May 9, 2013; and
WHEREAS, if, within 60 days from May 9, 2013, Council does not adopt either the proposed initiative
measure or an ordinance similar in substance, the proposed initiative must be submitted to the voters; and
WHEREAS, on February 1, 2012 the Council adopted Ordinance No. 12 -4466 which enabled an
automated traffic enforcement (ATE) system to allow for red light automated traffic enforcement; and
WHEREAS, Petitioners failed to meet the deadlines set forth in Section 7.03(E) of the City Charter for
the filing of a referendum petition with respect to Ordinance No. 12 -4466; and
WHEREAS, nevertheless Council chooses to repeal Ordinance No. 12 -4466 because the City's use
of ATE has been delayed due to the Iowa State Department of Transportation's rule- making process for
the use of ATE on state routes, which, within Iowa City, are the high collision intersections at which ATE
would be most useful; and
WHEREAS, there are ambiguities in the proposed initiative measure; and
WHEREAS, while the proposed initiative measure is directed at traffic surveillance devices, it defines
"automatic traffic surveillance system or device" to include all cameras that "can be used" to identify a
vehicle or occupant, and therefore can be interpreted to prohibit the use of all cameras by the City; and
WHEREAS, City staff routinely use cameras for a wide variety of reasons unrelated to traffic
enforcement, such as nuisance property violations, Housing Code inspections, crime scene investigations,
and cable television shows; and
WHEREAS, as detailed below, it is not clear whether the initiative pertains to parking violations; and
WHEREAS, the initiative's definition of "qualified traffic law violation" does not expressly include
parking violations and the "databases" or "hotlists" which are a part of the definition of "automatic license
plate recognition systems" are those generated by "law enforcement agencies;" and
WHEREAS, in some instances in the Iowa Code and the City Code "traffic" includes "parking," and in
others "parking" is distinct from "traffic "; and
WHEREAS, the initiative proposes an amendment to Title 9 of the City Code, and parking regulations
are contained in Chapters 4 and 5 of Title 9; and
WHEREAS, the initiative and Section 9 -1 -1 of the City Code do not define traffic, and Section
321.1(84) of the Iowa Code does not specifically include parking in its definition of traffic; and
WHEREAS, Section 9 -1 -1 of the City Code defines "Department" to include the Transportation
Services Department as well as the Police Department; and
WHEREAS, Section 9 -1 -1 of the City Code and Section 321.1(50) of the Iowa Code define "peace
officer" to include anyone authorized to "direct or regulate traffic;" and
WHEREAS, Section 321.236(1)(a) of the Iowa Code states that contested municipal "parking
violations" shall proceed in the same manner as "other traffic violations;" and
WHEREAS, Section 9- 1- 3A(10 -15, 17 -19) of the City Code authorizes the City Manager or designee
to install traffic control devices, including those regulating parking; and
WHEREAS, "ticket" is defined broadly in the initiative to include any "notice of liability," and a "notice of
fine" that the City issues for parking violations is a "notice of liability," and
Ordinance No. 13 -4539
Page 2
WHERAS, City parking attendants as well as police officers issue notices of fine for parking violations;
and
WHEREAS, the substance of the initiative is to prohibit the use of traffic surveillance systems in the
enforcement of traffic violations unless a ticket is issued in person at the scene, and to prohibit the storage
of data from those systems unless the data pertains to a traffic violation or other criminal violation for
which a ticket, citation or arrest was issued or made at the scene; and
WHEREAS, an ordinance that adds language to clarify that parking attendants may use cameras to
enforce parking laws if they are present to witness the parking violation is similar in substance to the
initiative; and
WHEREAS, an ordinance that adds language to clarify that the proposal does not regulate the use of
cameras by City staff for reasons other than identifying a vehicle for traffic and parking enforcement
purposes is similar in substance to the initiative; and
WHEREAS, it is in the City's best interests that its ordinances be clear and unambiguous; and,
WHEREAS, it is in the City's best interest to adopt an ordinance similar in substance to the proposed
initiative measure and to repeal Ordinance No. 12 -4466.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Ordinance No. 12 -4466 is hereby repealed.
2. Title 9, entitled "Motor Vehicles and Traffic," is amended by adding the following new Chapter 11,
entitled "Traffic Cameras, Drones, and License Place Recognition Systems ":
General: The City shall not:
A. Use any automatic traffic surveillance system or device, automatic license plate recognition
system or device, or domestic drone system or device for the enforcement of a qualified traffic law
violation, unless a peace officer or Parking Enforcement Attendant is present at the scene, witnesses the
event, and personally issues the ticket to the alleged violator at the time and location of the violation; nor
B. Store, archive, transmit, share, publish, grant access to, sell, index, cross - reference, or
otherwise aggregate, distribute, analyze, or process any data obtained through automatic traffic
surveillance system or device, automatic license plate recognition system or device, or domestic drone
system or device unless the data directly pertains to a qualified traffic law violation or other criminal law
violation for which a ticket, citation, or arrest was issued or made by a peace officer or Parking
Enforcement Attendant who was present at the scene.
Definitions: As used in this chapter:
A. "Qualified traffic law violation" means a violation of any of the following:
(1) any state or local law relating to compliance with a traffic control signal or railroad crossing
sign or signal;
(2) any state or local law limiting the speed of a motor vehicle; or
(3) any state or local law regulating motor vehicle parking.
B. "Ticket" means any traffic ticket, citation, summons, or other notice of liability, whether civil,
criminal, or administrative, issued in response to an alleged qualified traffic law violation detected or
recorded by a traffic surveillance system or device.
C. "Automatic traffic surveillance system or device" means a device or devices including but not
limited to a camera system(s) that uses any electronic, photographic, video, digital, or computer system
designed for the purpose of producing a photograph, microphotograph, videotape, digital video, or other
recorded image or digital record of a vehicle and /or its operator and /or its occupants that is used to
establish identity or ownership of a vehicle and /or identify its operator, owner, or occupants.
D. "Automatic license plate recognition system" means a computer -based system(s) that captures
an image of a license plate(s) and converts it to a data file to, be compared with databases or hot lists
generated by various law enforcement agencies, and which produces an alert when there is a match
between the collected license plate data and those databases.
E. "Domestic drone, " "drone, " or "unmanned aerial vehicle" means an aerial vehicle that does not
carry a human operator that can fly autonomously or be piloted remotely that is equipped with one or more
on -board cameras or other sensors for registering, observing, or recording persons, objects, or events or
for transmitting such information as it is occurring or thereafter.
F. "Parking Enforcement Attendant„ means agents or employees designated to enforce the parking
Ordinance No. 13 -4539
Page 3
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION Ill. 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 upon publication.
Passed and approved this 18th day of June , 2013.
/l'Ae�fd
MAYOR
ATTEST: 2�LG,iycJ
CITY CL K
A roved by
City Attorney's Office
Ordinance No. 13 -4539
Page 4
It was moved by Dobyns and seconded by Payne that the
Ordinance as read be adopted, and upon roll call there were:
AYES:
x
x
x
x
x
X
x
NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 6/4/2013
Voteforpassage: AYES: Mims, Payne, Throgmorton, Champion, Dickens, Dobyns,
Hayek. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published 6/27/2013
Moved by Dobyns, seconded by Payne, 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: Mims, Payne, Throgmorton, Champion, Dickens, Dobyns,
Hayek. NAYS: None. ABSENT: None.
City of Iowa City
MEMORANDUM
Date: June 12, 2013
To: City Council
From: Eleanor M. Dilkes, City Attorney
Re: Ordinance repealing the City's Automatic Traffic Enforcement (ATE) enabling
ordinance and adopting a measure that is Similar in Substance to the Proposed
Initiative Measure Restricting the Use of Traffic Enforcement Cameras and
Drones, Automatic License -Plate Recognition Systems, and Other Kinds of Traffic
Surveillance Systems" — Policy Re: Mobile License Plate Reader and
Enforcement System for Transportation Services Department.
Attached is a proposed policy for the implementation of the Department of
Transportation's license plate reader parking enforcement system, the purpose of which is
to ensure that the use of the system is in compliance with the proposed ordinance. If
Council adopts the proposed ordinance by giving it second and third readings on June 18,
the policy will be approved and signed by the City Manager.
Cc: Rita Bettis, ACLU
Petitioners
Marian Karr, City Clerk
Tom Markus, City Manager
Chris O'Brien, Director of Transportation Services
Geoff Fruin, Assistant to the City Manager
Sue Dulek, Assistant City Attorney
CITY OF IOWA CITY POLICY RE: MOBILE LICENSE PLATE READER AND
ENFORCEMENT SYSTEM FOR TRANSPORTATION SERVICES DEPARTMENT
Purpose
The purpose of this License Plate Reader Policy is to establish a policy and procedure to ensure
that use of any license plate reader (LPR) system by the Iowa City Parking Transportation
Services Department (Department) complies with Ordinance No. 13 -4539 adopted by the City
Council on June 18, 2013 and effective onJune 27, 2013
Policy
The LPR system is a mobile computer -based system that utilizes special cameras mounted on
City vehicles used for parking enforcement to capture license plate information and compare that
information to databases (a/k/a "hotlists) maintained by the Transportation Services Department.
The image is not compared to databases generated by "law enforcement agencies." (See
definition of "automatic license plate recognition system" in Ordinance No. 13 -4539 ) The
two databases to which the license plate information will be compared are the impound list and
the time limits for parking at a geographical location. In addition, as the Department does with
its current hand held enforcement system, if the police department has identified a
vehicle /license plate number that the Iowa City Police Department is searching for in pursuit of
legitimate law enforcement purposes (e.g. a stolen vehicle, or an Amber alert) if that license plate
number is identified by the system the location of the vehicle will be provided to the police
department. The Department does not compare this number to any database and no data is
stored.
The LPR system will not identify the person operating the motor vehicle.
It shall be the policy of the City that the Department abide by this policy when using LPRs to
scan, detect and identify vehicles. The LPR system shall not be used for purposes beyond that
allowed by this policy
Procedures
The LPR system will assist the Department in enforcing parking in two areas -- impound list and
time limit. The impound list is the Department's database of vehicles that may be impounded for
unpaid parking violations. The time limit is a parking regulation based on time or days of the
week, such as odd/even day restrictions and street storage limits.
The LPR system will read the license plate and compare it to the impound list. If there is
a match, the LPR system will alert the Parking Enforcement Attendant (PEA) to the
match.
• The LPR system will read the license plate and compare it to data stored on that vehicle
at that GPS location, and if a vehicle has been parked in excess of the allowed time limit,
the LPR system will alert the PEA to the match.
Tickets may be issued only by the PEA who is operating the LPR system, witnesses the
violation, and personally issues the ticket at the time and location of the violation.
If a ticket is issued, data may be stored until all appeals have been exhausted. "Data" means
images of the vehicle and its GPS location. If a ticket is not issued, data may be stored for no
longer than four (4) days, so as to facilitate the issuance of tickets for violations of street storage
time limits.
In addition to the impound list and time limit enforcement, the Department may use the LPR
system to locate a specific vehicle identified by the Iowa City Police Department for legitimate
law enforcement purposes, such as locating a stolen vehicle or an Amber Alert. The Department
does not compare the recorded image to any database and no data is stored.
The City shall follow the manufacturer's recommended testing and maintenance procedures to
assure the LPR system is functioning properly and shall not use the system if it is not functioning
properly.
Markus, City Manager
Date: June 19, 2013
Marian Karr
From: wayne kilbourn <wabeki54 @yahoo.com>
Sent: Friday, June 07, 2013 4:10 PM
To: Council
Subject: Kudos to your city council
Iowa City Council,
I want to thank you, even though I am a Colorado resident, for your new city ordinance against traffic
surveillance tools in your jurisdiction. I realize that this is a huge industry fed by the manufacturers
and Washington politics, but as citizens, we have become encapsulated by these technologies and
George Orwell is perhaps laughing in his grave.
I hope your bold and citizen - friendly move catches on in more and more cities as well as at the state
level. We are all fed up with living in the fishbowl, especially in places like Denver.
If I lived closer, I'd take you all to lunch!
Thanks again,
Wayne Kilbourn
Denver CO
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Date: 6/11/13
To: Tom Markus,
CITY O F IOWA C I T Y
MEMORANDUM
From: Douglas Boothroy,
and Inspection Services
Re: Requiring residential trasl<,ard waste, and cycling containers to be located within two
feet of a residential structure.
The City Council has discussed three options concerning the storage of residential solid waste, yard
waste, and recycling containers(see below). Council asked staff to proceed with drafting an
ordinance(see attached) to allow residential trash, yard waste, and recycling containers to be in the
front yard if located within two feet of a residential building wall. In addition, staff was requested to
get input from neighborhood organizations concerning this possible code amendment.
Based on neighborhood feedback, Staff did not find clear and convincing support for this
amendment. The ordinance has been prepared for Council's consideration; however, without clear
neighborhood support does the City Council still wish to proceed with this code amendment?
BACKGROUND:
The Northside Organization has complained that rental properties that use the city's 65 gallon rollout
trash carts often store these carts in the front yard and that these carts are often poorly maintained,
overflowing and are a nuisance that negatively impacts the livability of their neighborhood. Staff
initially drafted an ordinance requiring trash containers to be located out of the front yard (see below
Option 2) which was considered by council and rejected. Staff also surveyed various community
neighborhood organizations and found little support for Option 2.
The Staff then prepared three options for council's discussion. The three options were:
Option 1: Do not amend current regulations.
Option 2: Adopt an ordinance that would require trash containers to be located out of front yard
and placed beside or to the rear of a building or within a building. Screening only required if the trash
containers cannot be practically located anywhere else but in the front yard.
Option 3: Adopt an ordinance that would allow trash containers to be stored between a
residential building and a street as long as the trash containers were located within two feet of a
residential building wall. If the trash container storage area becomes a nuisance, then the City could
require trash container storage areas to be enclosed /screened as a means to resolve the nuisance.
Council decided to pursue Option 3. Staff was directed to prepare an ordinance and get input
concerning the ordinance from neighborhood organizations. Option 3 was discussed at the Northside
Neighborhood meeting held on 05/09/13. This meeting was well attended and the results of the
meeting were mixed with the neighborhood equally divided concerning whether or not to support
option 3. Staff also polled other neighborhood organizations and received a mixed but low
response(see attached).
RECOMMENDATION:
Staff recommends proceeding with option 3.
Option 3 recognizes and legalizes the existing practice by many citizens who store their rollout trash
carts in front of their house and within 2 feet of the wall of their house. It is an option that provides a
remedy that when trash carts /storage become a nuisance they can be screened /enclosed to control
the litter and debris.
Residential trash, Yard waste and recycling container storage: June 2013 Responses
For 3
Against 3
For the Ordinance
1. 1 find that suggestion suitable. People can still keep containers out as long as they
are not unsightly, or become a nuisance
2. As you move forward with the trash and recycling container ordinance you may
wish to consider adding the ordinance you may pass to the "City of Iowa City
Informational Disclosure and Acknowledgement Form" which is required to be filled
out and retained at the time of any lease signing. Other ordinances already included
on this document are about occupancy, noise and snow and grass. Doing it this way
no one could say that they did not know about the storage requirements, including
landlords, as it must be signed by both parties when they sign a lease for the
property.
3. Although I would have preferred that all trash and recycling containers be stored at
the sides or back of residences, not in the front, so that they would be less of an
eyesore, I support the proposed ordinance, since it seems the best we can hope for
at this point.
Against the Ordinance
1. I'm not convinced this issue needs an ordinance. I suspect if people have junky
places where they store their trash containers, they would have junky enclosures or
screens also. Also, as housing becomes more compact, there probably won't be
room for enclosures in many places.
2. Thank you for sending out this information. I think the city is well - intentioned in
addressing the concern. However, I know that a number of my elderly neighbors
already struggle to get their 96 gallon city container and recycling bins to their
curbs as prescribed. I am concerned that, for those who are endeavoring to maintain
their independent living and those with physical disabilities, this ordinance would
create an impediment to that goal, by causing them to absorb a cost to screen their
receptacles or to have to haul them from further distances to meet the
requirements. I also wonder if enforcement of the existing nuisance ordinance
already may address the concern about trash cans that are overflowing or otherwise
deemed unsightly.
3. I would like to add my voice to those who believe that fewer and simpler laws are
preferable to more intrusive government. If there is not a very good reason for
adding this regulation, the default position should be to leave well enough alone.
r
DEFEATED 6/18/2013
Prepared by: Doug Boothroy, Director HIS, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5121
ORDINANCE NO.
ORDINANCE AMENDING TITLE 16, ENTITLED "PUBLIC WORKS," CHAPTER 3,
ENTITLED "CITY UTILITIES," AND TITLE 17, ENTITLED "BUILDING AND
HOUSING," CHAPTER 5, ENTITLED, "HOUSING CODE," TO REQUIRE THAT
WASTE CONTAINERS BE STORED WITHIN TWO FEET OF A BUILDING WALL OF
A RESIDENTIAL STRUCTURE.
WHEREAS, the City Council finds that solid waste, yard waste, and recycling containers create a
visual impact on surrounding properties; and
WHEREAS, the City Council finds that solid waste, yard waste, and recycling containers stored in
front of residential structures have been an ongoing problem with certain neighborhoods; and
WHEREAS, the City Council finds it necessary to require all solid waste, yard waste, and recycling
containers be stored within two feet of a building; and
WHEREAS, it is in the best interest of the City to adopt these amendments.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS,
1. Title 16, entitled "Public Works," Chapter 5, entitled "City Utilities," Article H, entitled, "Solid
Waste," Section 9, entitled, "Collection and Disposal of Solid Waste," Subsection D is hereby amended by
deleting the last sentence and substituting in lieu thereof the following new sentence:
Containers shall be removed from the curb on the same day collection is made and returned to the
location required by Section 17 -5 -19W of this code.
2. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 19, entitled,
"Responsibilities of Owners Relating to the Maintenance and Occupancy of Premises," is hereby
amended by deleting Subsection W and inserting the following in lieu thereof:
Waste Containers: Every owner of a dwelling or rental structure shall supply adequate solid waste
containers for the disposal of solid waste which are approved by the inspector and /or are in
compliance with the Iowa City solid waste ordinance. All solid waste, yard waste, and recycling
containers shall be located within two feet of the wall of a residential structure. If, as solely
determined by the City, a solid waste, yard waste, or recycling container(s) become a nuisance in
violation of this section or Title 6, entitled "Public Health and Safety," Chapter 1, entitled "Nuisances,"
then the City may require a screening enclosure to mitigate the nuisance.
Screening design and material shall be approved by the City.
SECTION II. 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 in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of 12013.
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office
DEFEATED 6/18/2013
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x
x
x
x
x
x
x
First Consideration
Vote for passage:
Second Consideration _
Vote for passage:
Date published
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
Marian Karr
From:
Erin Irish <erin -irish @uiowa.edu>
Sent:
Friday, June 14, 2013 9:12 AM
To:
Council
Cc:
Marcia Bollinger
Subject:
Fwd: FW: Residential trash, yard waste and recycling container storage
Attachments:
2013 -04 -18 Info Packet (2).pdf
Dear City Council Members,
The city- issued trash container is too big to fit in my small garage; I have been storing it
behind bushes in my yard. In light of the ordinance mentioned below, I would like to ask that
the city provide the option of a smaller container to residents like me who would prefer one.
A smaller container, such as those that were distributed to Coralville residents, would be
desirable for two reasons: First, for people like me with older houses and the smaller garages
that old houses have, storage inside the garage and not in the garden would once again be
possible. More importantly, it would signal a more responsible treatment of our environment by
discouraging so much going into landfills. My typical week has a greater volume of recyclables
than trash, yet the container for trash is at least 4X larger than my recycle bin.
When the giant trash cans first arrived, I called the city about this and was told that it would
be a possibility if enough people requested the smaller size. I hope that if this ordinance is
passed, a small trash container option be made available so that I can be in compliance with it.
Erin Irish
X -EIP: [ oDk6vS8g /PBxruwayybtnSykb5CWxH8V]
X- Originating - Email: [ manvilleheightsneighborhoodassociation @hotmail.com]
From: Manville Heights Neighborhood Association
<manvillehei hg_ tsneighborhoodassociation @hotmail.com>
To: undisclosed recipients
<manvillehei htsneighborhoodassociation ghotmail.com>
CC: Marcia Bollinger < marcia- bollinger@iowa- city.org>
Subject: FW: Residential trash, yard waste and recycling container storage
Date: Thu, 9 May 2013 15:45:10 -0500
Date: Thu, 9 May 2013 16:27:38 +0000
On April 16, the Iowa City City Council continued discussions regarding
residential trash, yard waste and recycling containers and potentially requiring
that they be located out of the front yard or screened from public view. Many of
you provided input into the original proposed ordinance back in March after it had
initially been reviewed by City Council (see attached for details).
The City Council directed that staff prepare an ordinance pursuing Option 3 as
discussed in the memo:
"Allow trash containers to be stored between a residential structure and street as
long as the trash containers are located next to the wall of the structure (e.g.
within two feet). If a trash container storage area becomes a nuisance (i.e.
problems with litter, trash, and/or debris) then the city could require the trash
container storage area to be enclosed /screened as a means to resolve a nuisance."
It is expected that the City Council will consider an ordinance reflecting this
option most likely at their June 18 meeting. Please feel free to send any initial
comments you may have to me regarding this direction prior to that
date. The specific ordinance and details provide to the City Council for their
review will be sent out no later than Friday before the City Council meeting.
Thank you.
Marcia Bollinger
City of Iowa City
410 E Washington Street
Iowa City, Iowa 52240
319 - 356 -5237
The following document was sent as an embedded object but not referenced by
the email above:
�1 r i
4!".5 2
I �-� �M- �'Rk
CITY OF IOWA CITY
IPO
MEMORANDUM
Date: 4/11/13
To: Tom M
From: Douglas Booth , i ousi and Inspection Services
Re: Requiring residents trash, yard wast4 and recycling containers to be located out of the
front yard or screerfed from public vie
The City Council at its February 19, 2012, meeting discussed an ordinance that would amend the
housing code and the solid waste ordinance to require storage of residential solid waste, yard waste,
and recycling containers to be located behind the front building line of a residential structure (out of
the front yard) or screened from public view. The Council deferred consideration of the ordinance
requesting Staff contact neighborhood associations for their comments.
ISSUE: If adopted, the proposed ordinance (attached) would require trash containers to be located
out of the front yard and placed to the side or rear of a building or within a building. Screening is
required only if trash containers cannot be practically located anywhere else but in the front yard.
The Northside Neighborhood Association in their February 18, 2013, letter to the City Council
(attached) support the adoption of the ordinance.
Council deferred consideration of the ordinance because of the concern that the ordinance was too
onerous and to give staff time to contact various neighborhood organizations for their comments.
Marsha Bollinger (Neighborhood Services) e- mailed the ordinance to over 60 neighborhood
representatives (18 neighborhood organizations). The neighborhood comments (attached) do not
provide clear support for the proposed ordinance and range from ... "it's an excellent idea." to ... "a
remedy in search of a problem."
RECOMMENDATION: Trash containers stored in the front yard that are poorly maintained and
overflowing are a nuisance and If the problem becomes chronic degrade the livability of the
neighborhood. The Northside Neighborhood supports the proposed ordinance as a means to
address this issue but there is not clear and convincing support for the ordinance by other
neighborhoods. Therefore, the following three options are recommended for Council's
consideration:
Option 1: Do nothing.
Option 2: Adopted the proposed ordinance.
Option 3: Allow trash containers to be stored between a residential structure and street as long as
the trash containers are located next to the wall of the structure (e.g. within two feet). If a trash
container storage area becomes a nuisanoe(i.e., problems with litter, trash, and/or debris) then the
city could require the trash container storage area to be enclosed/screened as a means to resolve
nuisance.
Options 2 and 3 both address the nuisance issue, while Option 3 only requires an
enclosure /screening as a means to cure an existing nuisance problem. If Council wishes to pursue
Option 3, then Staff would need to prepare a new ordinance and contact the North side
Neighborhood for their comments regarding the changes.
DB/ats/4104647
Prepared by: Doug Soothroy, Director HIS, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5121
ORDINANCE NO.
ORDINANCE AMENDING TITLE 16, ENTITLED "PUBLIC WORKS; CHAPTER 3,
ENTITLED "CRY UTILITIES," AND TITLE 17, ENTITLED "BUILDING AND
HOUSING," CHAPTER 5, ENTITLED, "HOUSING CODE," TO :REQUIRE THAT
WASTE CONTAINERS BE STORED BEHIND THE BUILDING LINE OF RESIDENTIAL
STRUCTURES.
WHEREAS, the City Council finds that solid waste, yard waste, and recycling containers create a
visual impact on surrounding properties; and
WHEREAS, the City Council finds that solid waste, yard waste, and recycling containers stored In
front of residential strictures have been an ongoing problem with certain neighborhoods; and
WHEREAS, the City Council finds it necessary to require all solid waste, yard waste, and recycling
containing be stored behind the front building One or potentially screened from public view; and
WHEREAS, It Is In the best interest of the City to adopt these amendments.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTIQN 1. AMENDMENTS.
1. Title 16, entitled "Public Works," Chapter 5, entitled "City Utilities," Article H, entitled, 'Solid
Waste," Section 9, entitled, "Collection and Disposal of Solid Waste,' Subsection D is hereby amended by
deleting the last sentence and substituting In lieu thereof the following new sentence:
Containers shall be removed from the curb on the same day collection Is made and returned to the
location required by Section 17 -5-19W of this code.
2. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 19, entitled,
"Responsiblitles of Owners Relating to the Maintenance and Occupancy of Premises," is hereby
amended by deleting Subsection W and inserting the following In tier! thereof.
Waste Containers: Every owner of a dwelling or rental structure shall supply adequate solid waste
containers forthe disposal of solid waste which are approved by the inspector and/or are In
compliance with the Iowa City solid waste ordinance. All solid waste, yard waste, and recycling
containers shaft be located behind all front building IinesMralls of a residential structure. if, as solely
determined by the City, a container cannot practically be located anywhere but between the
residential structure and street righW -way, then the City may approve a location provided it Is
screened to prevent visibility from the street right right -of -way and neighboring residential property.
Screening design and material shall be approved by the City.
SECTION If. REPEALER. All ordinances and parts of ordinances In conflict with the provision of this
Ordinance are hereby repealed.
SECTION 1�1. ;EVERABILI . 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 day of .2013.
MAYOR
ATTEST:
CITY CLERK
Approved by
4;�� a- 14- !3
City Attorneys Office
Z;KOOMSIM�
NE IGH90RH000 ASSOCIATION
February 18, 2013
City Council (all members)
City of Iowa City
410 E. Washington St
Iowa City, IA 52240
RE: Support proposed changes related to Residential Solid Waste Container
Storage
Honorable Council members:
The Northside Neighborhood Association supports the intent of the ordinance
amendments that appear as Item #11 on your February 19, 2013 meeting agenda. Since
we have not had an opportunity to discuss with Mr. Boothroy the ordinance modification
prior to its inclusion in your Council packet, we would like to review with him the precise
language.
The proposed changes are the result of a meeting between the neighborhood and City staff
last April, where neighbors expressed frustration with the practice by some residents of
habitually storing garbage containers (often full to overflowing) next to front porches and
sidewalks. The garbage containers remain on full view to the neighborhood throughout the
week, not just on trash pick -up day. The staff memo included in your packet summarizes
our frustrations with this situation, and we do not believe the proposed changes will prove
onerous to any resident or property owner.
While the intent of the proposed changes before you are a good first step, we encourage the
City's Housing and Inspection Services department to develop additional language which
would bring trash dumpsters located at multi- family units into compliance with current
site development standards (e.g., screened by an opaque fence or wall).
With sufficient notice (possibly one year), there should be no reason, financial or
otherwise, preventing property owners from screening dumpsters from general street or
neighborhood view. Openly displayed dumpsters are, at best, unsightly, and can encourage
rogue behavior, such as the dumping of mattresses (see photos on next page). Placing
dumpsters within an enclosure will also prevent the constant blowing of litter from the
dumpsters onto surrounding areas.
Our Association will be happy to work with City staff to flesh out this additional proposal,
and to make sure that it works for everyone.
Sincerely,
Mike Wright, Coordinator Sarah Clark, Recorder
225 N. Lucas Street 509 Brown Street
cc: Doug Boothroy, housing &Inspection Services
For
11
A ainst
12
Maybe
1
Resaonses
Yes
1. In my daily dog walks through the Mosquito Flats and Manville Heights neighborhoods, I have
noticed that some houses (mostly ones I believe to be are rental units) do indeed seem to routinely
store their garbage and recycling bins in front of the house or even on the curb. It strikes me as
poor form, at best, and it does seem that right to encourage people not to do so.
2. I think this proposed ordinance is an excellent idea that would help improve the visual appeal of
neighborhoods. It would be a step towards making rental units less like aesthetic sore - thumbs.
3. Thank you for sending us the proposed ordinance regarding waste receptacles. We arc 100% in
favor of this proposal -- anything to keep our neighborhoods as attractive and welcoming as
possible. We both have noticed, particularly in the near North neighborhood an abundance of
waste receptacles and their unattractiveness. Please take measures as soon as possible! Thank
You.
4. The waste receptacles are indeed an eyesore, but not just in rental units in Manville Heights.
There are many other residential properties that leave these out year round.
Please count me as one who would like to see an ordinance enacted to address this situation.
5. I think this is reasonable.
I'll be contacting the city re other projects eg Chauncey which I think is ATROCIOUS. I think
there is a meeting on Mar 21 re planning so comments should be in before then.
6. Hi Marcia --I think this is really needed in many neighborhoods, not just in areas with a lot of
rentals. Driving down a street with trash cans as the initial view is not a welcoming site.
I also find that when trash cans are put on the side of a house, the house opposite has to look at it
all week. The house itself doesn't see it as it is usually against one of their walls. But, the house
next door has to look at it every time you look out the window. Possibly consider some addition
to this ordinance for trash cans to be screened if visible from the front or side of a house. That
would make looking out the side windows much more appealing.
7. I agree with the proposal.
8. Marcia ... this is a great idea. At the top of the hill on Foster Road sits an unspeakably ugly
unscreened commercial dumpster, along the side walk and in the front yard of the small
apartment house. A woeful gateway marker on the way to the Peninsula. Cheers.
9. I appreciate your efforts to clean up the appearance of neighborhoods in Iowa City. The Wetherby
neighborhood was one of the first to receive the new style trashcans back in 2002.17he first thing I
noticed was that there were many more cans being left in front of the rental units than before. I
complained to housing inspection and Council but was told repeatedly that it was too hard to
enforce.
I place mine in the garage and require my tenants to do the same. We have no problem doing
this. i have it as an item on my House Rules sheet that the tenants must sign off on when they
sign their lease. Almost every unit in our neighborhood has a garage and they are all the same
size.
My recommendation about this ordinance is try to consider some language to place the
containers out of view, such as in a garage, as a first resort and behind the front building line as
the next most desirable. Next, don't make an ordinance that you can't or won't enforce. That
would be useless. It's funny in this town that the only way most things get enforced is because
someone, or a lot of someone's, have complained. If you are serious about this change then
enforce it. I know it will certainly change the look of my neighborhood and would be much
appreciated.
lo. I"m writing to offer my enthusiastic support for the proposed ordinance requiring waste
receptacles to be stored behind buildings or screened from public view. This seems like a simple,
common -sense way to address the fact that renters and landlords are willing to leave trash cans
and recycling bins out in front of houses, oblivious to how that degrades the visual impact of our
neighborhoods. (In fact, during spring break, there are several waste cans left along the road in
the blocks in my neighborhood). it seems to me a small thing to ask: that neighbors be
conscientious about the fact that they live in a neighborhood. The enforcement mechanism- -that
a complaint has to be made—seems perfect and no -cost to the city;
11. Kent and Kay Ackerson
We support the proposed modifications to the Iowa City housing code and solid waste
ordinance to require trash containers be stored behind the front of residences, or at least
an effort be made to shield them from public view. When residents fail to retrieve
containers from the curb or store the containers in the front yard, it has a negative impact
on the neighborhood.
617 Brown St
No
I live in Parkview Terrace and received your e-mail via Mary Murphy. rm opposed to the
ordinance of removing waste containers from the front yard. We used to have our garbage can in
our garage, but then got maggots all over our garage due to the trash. We then moved the
garbage can outside next to the front of our house which resolved the problem. Having the
garbage outside reduces the bug problem, but also helps people remember to put the garbage out
because it is visible.
2. Of those 6, two flat out do not support the ordinance. The remaining 4 people thought the
ordinance was problematic (see below) and that the problem was more about that the cans are not
being removed from the sidewalk/front yards in a timely manner after garbage pickup rather
than the leaving of cans in view in the front yard. (I explained about the existing ordinance
concerning that matter.)
Problems with the proposed ordinances
"The term 'but of public view" could be problematic for people who live on comers with no
garage, such as myself. In the winter, when the foliage.is gone, there is no place I can put my
trash bins so that they can't be seen by the public. However, I would favor an ordinance that
would state that people need to take their trash bins away from the sidewalk and out of their front
yards within 24 hours after garbage pickup (and, if they live on a comer, well off the side street
or sidewalk). As I walked to work this morning (2 full days after garbage pickup), I counted 5
sets of trash bins that were sitting out on or near the street. It is an eyesore."
"I tend to agree with (someone who does not support the ordinance), although I agree it is very
hard to figure out with whom to discuss issues about unsightly property, behavior, etc. for
rentals. Not sure an ordinance would prevent it anyway because someone would likely have to
complain to get it enforced, and then for how long would it even stick in these situations..."
3. Do you have to go to the extreme of an ordinance when a few reminders about maintaining a
clear front area should suffice?
4. I am writing to provide feedback on the city staff's proposed ordinance to ban people from
putting waste containers in the front of property. This ordinance is foolish and misguided and
should not be passed. Having a garbage can in front of a residence does not mean that the
residence is "poorly maintained" and in no way degrades the "livability of the neighborhood."
The pictures you emailed do not support this at all.
I have my waste container in front of my house. None of my neighbors have complained, and if I
look out of my front door, I would immediately see that a couple of my neighbors have their
waste containers in front of their house also. We do not have room to put a screen on the side of
our house for a garbage can. If we were to attempt to do so, we would need to remove a tree,
which would be silly.
Given how small many of the lots are in Iowa City and how close many houses are to their
neighbors, I imagine that a lot of homes would have insufficient space to screen out a waste
container. Further, many of the screens would likely look junky over time. This proposed
ordinance would be a burdensome ordinance to enforce, and there would be no return on the
investment of resources the city would have to devote to enforcing it. I would rather the city
inspection services spend their time on important matters, not on where someone has placed a
waste container.
If the city staff is concerned about overflowing waste containers, then make more waste
containers available to residences. Ours is insufficiently sized for a family of seven.
Thank you for your attention to this matter.
5. In regards to the proposed ordinance on trash containers, I agree with Jennifer in that we don't
need any more rules, regulations, ordinances to solve the problem. We in Deweyville are friendly
folk and if someone needs a little nudge to help a situation, we just gently let them know. Deep
down people want to do the right thing. I live at 804 Dewey St and I put my container next to the
garage. Otherwise I would have to carry it up a hill as well as stairs to put the container behind
the house. Now that would upset me. Most of us along this street don't take the garbage container
out to the street until the morning of pickup. It does not seem to be a problem around here. Just
politely asking someone to change a behavior can do wonders. We have to BE the peace we all
want
6. Trash bins storage: Don't add burdens.
The city's wheeled trash bins are a suburban technology shoehorned into our traditional urban
neighborhood, such that for many residents of traditional urban neighborhoods they inherently involve
extra burdens, and as such regulations relating to them should be tailored to not add to the burdens. The
rolling bins are designed for a suburban setting, where they are stored out of sight in a garage that is close
to and faces the street, from which they can be conveniently rolled down a paved driveway to the curb.
Their use no doubt involves efficiencies for the city, but create burdens for me, and no doubt for others
with similar situations: My house has no driveway, and the garage is 100 feet from the house at the alley;
the bin cannot be out of sight and convenient to both the house and street. In the winter I must lift the bin
onto the snow pile at the edge of the street. The letter of the draft ordinance probably would not force me to
change where I store my bin; Because my house sits at the lot line, at one comer of the lot, my entire yard
is behind the line of the house. And, my storage site is partially screened by bushes.. But, I am sympathetic
to my fellow residents of the traditional urban neighborhoods who may be additionally burdened by the
ordinance. I understand why the city wants us to use the bins, but if you want us to use them when they're a
bad fit for our neighborhood, don't add regulations on how we use and store them.
7. I would like to voice my opposition to this ordinance. This is a remedy is search of a problem, and one that
if passed would create more problems than it would solve. First of all, I simply do not see the blight of
unsightly garbage cans in my neighborhood.
Furthermore, I am concerned about my own ability to stay in compliance. I only partially "escaped town"
for spring break and returned later on Monday, but had I not and instead placed my garbage and recycling
out front over the weekend, would I have been subject to punishment had this ordinance been in place?
When not on travel, I keep my receptacles in my garage, except on Tuesday when we have our trash and
recycling service. Not all of the typically older homes in the Northside have garages. My neighbor, who
keeps a fine house in excellent condition, places her receptacles far back from the curb, on the side but
technically also in front of her house. Would she need to go through a bureaucratic process to be granted a
waiver from this new ordinance? What would be the cost to the city for her to go through that unnecessary
process, never mind her own time? The Northside NA claims that people like her would not be affected,
but simply needing to jump through a hoop would affect her. In terms of enforcement, how is the line
drawn between a onetime miscreant and a chronic offender?
This ordinance is indeed "something concocted by a few crabby Northside residents who have nothing
better to do with their lives." I do not feel the Northside NA speaks for me on a range of issues (although it
does on some others). I am by no means a "libertarian" and support many of the .regulations that go into
making a historic neighborhood historic. But this one is just nonsense and I fear will serve primarily to
waste city resources and as a conduit for busybodies to harass others out of the city.
8. pleasepleaseplease keep in mind as you read this that i am not saying that this is 'invented'by
crabby Mors. it seems to me this imposes an actual burden to people like me and several other
people in my neighborhood that really dolt have anywhere to keep their trash bins. mine is on
the side of my house because that is the only level place to keep it. i realize that you say this
would only happen if someone complains, but that is a recipe for retaliation for any slight
possibly felt by any passing motorist. and, I'm sorry, this is unnecessary regulation.
this is how we handle nuisances in Deweyville: we go talk to the "offending" party without rancor,
without subtext, without sarcasm, and without resentment. just walk over, smiling and say, 'hey,
did you know that you're supposed to be sure your bin closes? because that may attract vermin.
and as cute as raccoons and possums are, you don't want to run into one on your way into the
house late at night! hahahaV it's true this sort of communication takes practice. you may choose
run a workshop on how to do this before a neighbor starts to resent the behavior. they may just
need to communicate on a personal and neighborly level. often people don't care to be told what
to do, but i assure you -- from 15 years of experience doing just this, even with drug dealers and
flood workers from new orleans that had twice as many people in the apartment than were
allowed -- that if you present it as i've described, even privileged Chicago kids will remember
what their parents taught them.
also you can't actually know what they're going through till you talk to them. are they in an
abusive relationship and the abuser is telling them not to do that? why? i don't know (and I'm
pretty sure that's a bad example). are they failing school and too depressed to change their
underwear, let alone take out the trash? are they just space heads that don't think about stuff like
that? you don't know till you talk to them. and i feel i can say, with little chance of being
contradicted, that landlords say absolutely nothing when folks move in. the city does offer or give
all new residents a packet of information that includes just this sort of stuff. but in reality the
number of people that read that packet are the same number of folk that read the instructions
before plugging in and using the new appliance. in other words, i am likely one of two people in
the universe that do that.
it's very hard to use this method without slipping a little subtext like'you asshole into the
conversation. if, in fact, anyone has approached these folks personally i would guess they waited
until they couldn't take it anymore, and that makes things tense every time. i am more than
willing to offer my services as mediator if that would be of any help. but seriously, more zoning
rules?
Sincerely, i will run a seminar for you. ill run a class on how to set up a welcome wagon that
stops stuff like this before it starts. i will talk to the people with whom you have problems, have
someone dealing drugs in front of your house? we did. i politely asked they not do that in our
neighborhood and it stopped immediately. honest and for real! it's hard to learn how to do, but it
will create a much more convivial and neighborly neighborhood. show these folks that they are
part of the neighborhood, not just another "problem child'. people are like dogs, generally they
want to please others..
it's true. this does not work 100% of the time. but those folks really are a problem and most likely
need official representatives of the city (cough police cough) to talk to them.
9. My name is Lindsey Boorman, I live at 813 Dewey st. I currently store my trash container in the
front of my house outside my garage. I know that the council would like to propose that
containers be stored behind houses and "out of public view" however, my home faces Dewey on
one side and Governor on the other. Both sides of my house are in public view. Also, storing my
container on the back side of my house would be incredibly inconvenient for me to drag through
the snow to the front of the house on trash day. My container is always closed and is really no
threat to the aesthetic of the neighborhood.
10. I am a property owner in Iowa City, and we own rentals in the Northside Neighborhood. I was
forwarded an association newsletter wanting feedback on a new proposal to screen trash cans.
I am absolutely not in favor of screening. I am not sure that they have thought this
through. Screening on every other house seems to me to be a bigger eyesore than an occasional
trash can on the curb or next to a house.
I am very much in favor of having City pickup in the alleys, where there is an alley.
Near our properties, when we see a trash can or lid blowing around or left out, we just walk it up
to the house, neighborly.
Thanks.
11. As a homeowner, taxpayer, and resident of the Northside/Goosetown district in Iowa City, I am
concerned about the proposed amendments to the housing code.
Since I first came to Iowa City in 1982, I have imagined living on the north side. I patronize
John's and George's, Pagliai's and The Burg. My son goes to Horace Mann, and we walk to
school every morning. I like my neighborhood for its diversity, its vibrancy, and its walkable
access to downtown. I like that the neighbor kids can play safely in my backyard. With all the
neighborhood has to offer, I can't imagine what would possess me to peer out at my neighbor's
garbage can, or how my life would be diminished if she didn't bring it in till Wednesday. I think
we can all agree that neatness counts, but it is an unnecessary and intrusive gesture to regulate
something as common as taking out the trash. To attempt to codify a timetable for this necessary
task speaks ill for those who felt it necessary to propose the measure. It smacks of paternalism,
intolerance, and a control impulse that I frankly find quite off-putting and distasteful. As for the
City Council's willingness to entertain this nonsense, it's long seemed to me that they might find
better things to do on behalf of the already heavily -taxed residents of Iowa City.
I urge you to consider what an amendment like this says about the community. And after we
address this irritant, what's next? One person gets peeved when the garbage can is out past
supper time. Another is allergic to a neighbor's flower ;bed. A third gets annoyed when the adults
are on the patio past ten. Do we legislate all of this? Ruin the whole place in the name of
uniformity and homogeneity? I say, let it alone. Iowa City is funky. It is not Stepford. People
here have always lived at their pace, and in mutual respect for one anther's rhythms. Let's leave
it at that. And if were truly interested in cultivating community, then we should be able 'to'talk
with our neighbor -- across the fence, as they say - -about something as simple as getting the can in
after trash day.
12. L live on the north side of Iowa City and I do not believe a new ordinance regulating the
placement of waste receptacles is necessary or a good idea. Just because someone is bothered by
something does not mean a new ordinance is required. My experience with the new trash
containers is they are too large for me to store in the space I had created and used for the old
containers. Please resist the notion that every "problem" requires a "correctly worded"
ordinance. If it bothers someone so much have they tried talking to their neighbors to resolve the
situation? When I look at my neighbors yards and my own yard I see lots of things which could
be improved but the day when I am required by ordinance to meet my neighbors standards is not
a day I want to live in Iowa City.
Maybe
1. I live at 219 Ronalds St and I support the amendment before the City Council amending Title 16
attached below.
We have many renters near my home that receive no guidance about how to handle the many
trash containers needed for the properties they live in. Some houses have 4 or 5 containers
because of the number of rental units the house has been divided into. The renters often do the
bare minimum to move these containers to the curb and back to the house, leaving them in front
for long periods oftime and close to the front for ease of use. This creates an unsightly and
"trashy" looking neighborhood.
Short term renters often do not have the same regard for the neighborhood or its appearance that
those of us who live here full time do. They have other things on their mind than upkeep of the
properties they live in.
A simple change would clarify expectations as regards to trash containers and help us all.
Iowa City City Council;
At a Northside Neighborhood meeting last month, many concerns were brought up about
the size of our garbage carts and the difficulty of getting them to the curb and back
Although other cities including Cedar Falls, Des Moines, Cedar Rapids and Coralville
give their residents a choice of garbage cart sizes, that is not done in Iowa City .
Collecting garbage in the allies was brought up as a possible solution. But even though
garbage is collected in the allies on the peninsula it couldn't be done in our area.
A June Cleaver type lady explained because she had a very steep embankment in front of
her house getting the yard cart up and down to the street is very difficult for her Would
it be possible to just put her small bag of garbage at the curb. The reply, because of the
cities concern about possible injuries to their workers that wasn't a possibility either.
The discussion that evening was very frustrating. We had hoped and still hope that a
resolution that serves everyone can be found. .
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Marian Karr
From: nehringhome @aol.com
Sent: Tuesday, June 18, 2013 3:26 PM
To: Council
Subject: PLEASE DO NOT PASS THE RESIDENTIAL WASTE CONTAINER ORDINANCE!
To all council members,
I see that you will be talking about passing the Residential Waste Container ordinance tonight. Unfortunately I cant make
it to the meeting so I am sending this email asking that you not pass this ordinance. Awhile back I talked to Doug Boothroy
(319- 356 -5121) who wrote the ordinance at the request North Side Neighborhood Association. He says one of the
reasons for the ordinance is that homeless people have been going through peoples personal garbage cans on the north
side. Honestly I don't believe it. I never see homeless people on the north side let alone rummaging through peoples
personal garbage cans. Even if it did happen on occasion I'm just not convinced that it necessitates nor is the real reason
for this ordinance. He also said they need a way to control garbage that escapes from the cans and litters the area. My
wife and I looked it up, there is already and ordinance on the books that covers this very problem. You will find it in the city
code,
Title 6, Public Health And Safety 6 -1 -2: A (2.)
So I'm left believing that this is all just a matter of the north side once again dictating aesthetics. I don't feel it is the city's
job to write ordinances addressing aesthetics. For example, I don't like SUVs but I'm not requesting that the city pass an
ordinance forcing owners to park them in the garage so I don't have to look at them. I've lived in Iowa City, in the same
house, for 26 years. I've grown very weary of the city feeling it needs to micro manage every situation and I know I am not
alone in this. Please do not pursue this trivial ordinance simply to sooth those that shout the loudest. Lets concentrate on
real issues that we have to deal with as a community.
Thank you for your consideration,
Ed Nehring