Loading...
HomeMy WebLinkAbout2015-04-07 OrdinancePrepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, I�; 319-356-5240 (REZ14-00008) - ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 1.36 ACRES LOCATED AT THE NORTHWEST CORNER OF MUSCATIVE AVENUE AND SCOTT BOULEVARD FROM LOW DENSITY SINGLE FAMILY RESIDENTIAL (RS -5) TO LOW DENSITY MULTI -FAMILY RESIDENTIAL (RM -12). (REZ14-00008) WHEREAS, the applicant, Nieronymus Family Partnership, has requested a rezoning of property located near the northwest corn of Muscatine Avenue and Scott Boulevard from Lo Density Single Family Residential (RS -5) to Low D nsity Multi -Family Residential (RM -12); and WHEREAS, this 1.36 acres was hown as right-of-way adjacent to an RM -12 ned lot on the Terra Verde Final Plat; and WHEREAS; in lieu of Terra Verde, t e applicant has submitted Silver pe, a new plat, showing a change to the street configuration resultin in this 1.36 acres being incor orated into the adjacent multi- family lot; and WHEREAS, the existing RM -12 zonk to which this prop rty is being added is subject to the Conditional Zoning Agreement recorded at Boo 4723, Page 9062912 in the records of the Johnson County Recorder's Office, requiring that sidewalks be instVIled adjacen o Muscatine Avenue and Terrence Lane at the time Terrence Lane in Terra Verde is paved, a d requiri that the multi -family buildings be constructed in substantial compliance with a November 30, 201 site p n and building elevations; and WHEREAS, a Conditional Zoning Agreement is Terra Verde final plat including Terrance Lane tWe Avenue at the time Silver Lane, the replacement WHEREAS, the Planning and Zoning recommended approval. NOW, THEREFORE, BE IT ORDAIN SECTION I APPROVAL. incorporated herein, property dE of Low Density Single Family R THE CITY ssary to reflect the change in the vacation of the that sidewalks be installed adjacent to Muscatine Terrance Lane, is paved; and t to the Conditio below is hereby rec d (RS -5) to Low Dei has reviewed the proposed rezoning and has IL OF THE CITY OF IOWA CITY, IOWA: Zoning Agreement attached hereto and fled from its current zoning designation Multi -Family Residential (RM -12): Commencing at the EM Quarter Corner of Section 13, T wnship 79 North, Range 6 West, of the Fifth Principal Meridiahence S87°35'12"W, along the S th line of the Northeast One of said Section 13, a istance of 50.00 feet, to the POINA OF BEGINNING; Thence continuing S87°35'12"W, alon said South line, 340.00 feet, to the South as corner of a Tract of Land described in the Warran/easterly, ed, as recorded in Book 1146, at Page 59, in the Records of the Johnson County Recorder's OThence N01 °30'01 "W, along the East line of aid Warranty Deed, and its Northerly extension the527.19 feet; Thence N44°52'58"E, 80.43 f t; Thence S45°07'02"E, 28.16 feet; Thence Sou 173.66 feet, along an arc of a 1 0.00 foot radius curve, concave Northeasterljr, whose 164.12 foot chord bears S78°17'00"E; The ce Northeasterly, 90.67 feet, along an arc of a 150.00 foot radius curve, concave Southeaster) ,whose 89.30 foot chord bears N85°52'01 "E; Thence S76°48'58"E, 13.77 feet, to a point on the st line of Parcel "3" of the Ralston Creek South Property Acquisition Plat of Surrey, as recorded in lat Book 19, at Page 84, in said Records; Thence S01 °30'01 "E, along said West line, 33.29 feet; ence S88029'59"W, 279.96 feet; Thence S01°30'01"E, 434.89; Thence N88°23'07"E, 279.96 feet, o a point on said West line of Parcel "3"; Thence S01°30'01"E. along said West line, 52.29 feet, o said POINT OF BEGINNING, containing 1.36 acres, more or less, and subject to easements and re trictions of record. SECTION Il. ZONING MAP. The building official is hereby authorized and Virected to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon thfinal passage, approval and publication of the ordinance as approved by law. P-' 1 Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ14-00008) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 1.36 ACRES LOCATED AT THE NORTHWEST CORNER OF MUSCATIVE AVENUE AND SCOTT BOULEVARD FROM LOW DENSITY SINGLE FAMILY RESIDENTIAL (RS -5) TO LOW DENSITY MULTI -FAMILY RESIDENTIAL (RM -12). (REZ14-00008) WHEREAS, the applicant, Hieronymus Family Partnership, has requested a rezoning of property located near the northwest corner of Muscatine Avenue and Scott Boulevarp from Low Density Single Family Residential (RS -5) to Low Density Multi -Family Residential (RM -12); an WHEREAS, this 1.36 acres was hown as right-of-way adjacent to RM -12 zoned lot on the Terra Verde Final Plat; and WHEREAS; in lieu of Terra Verd the applicant has submitte Silver Slope, a new plat, showing a change to the street configuration res ting in this 1.36 acres bei incorporated into the adjacent multi- family lot; and WHEREAS, the existing RM -12 one to which this roperty is being added is subject to the Conditional Zoning Agreement recorded at ook 4723, Page 06-912 in the records of the Johnson County Recorder's Office, requiring that sidewalks installed adja nt to Muscatine Avenue and Terrence Lane at the time Terrence Lane in Terra Verde is pa d, and requ' ing that the multi -family buildings be constructed in substantial compliance with a November 3 2010 site an and building elevations; and WHEREAS, a Conditional Zoning Agreem nt iscessary to reflect the change in the vacation of the Terra Verde final plat including Terrance Lane re ire that sidewalks be installed adjacent to Muscatine Avenue at the time Silver Lane, the replacement ktr& for Terrance Lane, is paved; and WHEREAS, the Planning and Zoning Cor>ir fission has reviewed the proposed rezoning and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY T E CIT\nal UNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject t the CoZoning Agreement attached hereto and incorporated herein, property described be w is herelassified from its current zoning designation of Low Density Single Family Residential S-5) to Lonsity Multi -Family Residential (RM -12): Commencing at the East Quarter orner of Section Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence 87°35'12"W, along ti, South line of the Northeast One -Quarter of said Section 13, a distance o 50.00 feet, to the P INT OF BEGINNING; Thence continuing S87035'12"W, along said South ine, 340.00 feet, to the Soytheast corner of a Tract of Land described in the Warranty Deed, as reco ded in Book 1146, at Page 9, in the Records of the Johnson County Recorder's Office; Thence NO °30'01"W, along the East line f said Warranty Deed, and its Northerly extension thereof, 527.19 fe t; Thence N44°52'58"E, 80.43 eet; Thence S45°07'02"E, 28.16 feet; Thence Southeasterly, 17 .66 feet, along an arc of a 50.00 foot radius curve, concave Northeasterly, whose 164.2 foot chord bears S78'11 7'00"E; Th nce Northeasterly, 90.67 feet, along an arc of a 150.00 foot/ radius curve, concave Southeaster ,whose 89.30 foot chord bears N85°52'01"E; Thence S70b48'58"E, 13.77 feet, to a point on the W st line of Parcel "3" of the Ralston Creek South Property Acquisition Plat of Survey, as recorded in t Book 19, at Page 84, in said Records; Thence S01° '01"E, along said West line, 33.29 feet; Th ce S88°29'59"W, 279.96 feet; Thence S01 °30'01 "E, 434.89; Thence N88°23'07"E, 279.96 feet, to point on said West line of Parcel "3"; Thence SM030'01"E. along said West line, 52.29 feet, to s 'd POINT OF BEGINNING, containing 1.36 acres, more or less, and subject to easements and restricti ns 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. Ordinance No. Page 2 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. 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 the Owner's eXpense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances i conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of a Ordinance shall be adjudged to be invalid or unconstitutional, such adjudica 'on shall not affect the vali ity of the Ordinance as a whole or any section, provision or part thereof not a( dged invalid or unconstitu onal. SECTION VII. EFFECTIVE DATE. This Ordinance shall b in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 20_. MAYOR ATTEST: CITY CLERK Ap p6ed b �f City Attorney's Office Ordinance No. Page It was moved by Ordinance as read be adopted, and AYES: NAYS: and seconded by t roll call there wer : ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton that the First Consideration 03 / 2 3/ 2 l 5 Vote for passage: AYES: Dic ens , Dobyns , Hayek, Mims, Payne, Throgmorton, Botchway NAY : None.. ABSENT: None. Second Consideration _ Vote for passage: Date published Prepared by: Robert Miklo, Senior Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ14-00008) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made�fween the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Hieron mus Family Partnership, LLC (hereinafter "Owner"). WHEREAS, Owner is he legal title holder 01 approximately 1.36 acres of property located at north of Muscatine A nue and west of Scot Boulevard; and WHEREAS, the Owner h s requested the re oning of said property from Low Density Single -Family Residential (RS -5) t Low Density Mul I -Family Residential (RM -12); and WHEREAS, the Planning a d Zoning C mission has recommend approval of the rezoning of this property form RS -5 t RM12; an WHEREAS, the existing RM -1 zone t which this property is being added is subject to the Conditional Zoning Agreement rec rded Book 4723, Page 906-912 in the records of the Johnson County Recorder's Office, re irin that sidewalks be installed adjacent to Muscatine Avenue and Terrence Lane at the time rr nce Lane in Terra Verde is paved, and requiring that the multi -family buildings be constructed i substantial compliance with a November 30, 2010 site plan and building elevations; and WHEREAS, a Conditional Zon' g greement is necessary to reflect the change in the vacation of the Terra Verde final pi t incl ding Terrance Lane to require that sidewalks be installed adjacent to Muscatine Av nue at the time Silver Lane, the replacement street for Terrance Lane, is paved; and WHEREAS, Iowa Code 414.5 (2013) rovides that the City of Iowa City may impose reasonable conditions on gran ng an applican 's rezoning request, over and above existing regulations, in order to satisfy blic needs cause by the requested change; and WHEREAS, the Ow er acknowledges t reasonable to ensure the d velopment of the pn Plan and the need for pede tri connections; and WHEREAS, the Oner agrees to develop this conditions of a Condition I Zoning Agreement. NOW, THEREFORE,/i consideration of the mutual agree as follows: / certain conditions and restrictions are v is consistent with the Comprehensive in accordance with the terms and ises contained herein, the parties Hieronymus amily Partnership, LLC is the legal t le holder of the property legally described a : Commencing at the East Quarter Corner f Section 13, Township 79 North, Range 6 W t, of the Fifth Principal Meridian; Thence S87°3 '12"W, along the South line of the Northeast - ne-Quarter of said Section 13, a distance o 50.00 feet, to the POINT OF BEGINNING; Thence continuing S87°35'12"W, along said outh line, 340.00 feet, to the Southeast corner of a Tract of Land described in the Warranty D ed, as recorded in Book 1146, at Page 59, in the Records of the Johnson County Recorder's `Office; Thence N01 °30'01 "W, along the East line of said Warranty Deed, and its Northerly extension thereof, 527.19 feet; Thence N44052'58"E, 80.43 feet; Thence S45°07'02"E, 28.16 feet; Thence Southeasterly, 173.66 feet, along an arc of a 150.00 foot radius curve, concave Northeasterly, whose 164.12 foot chord nnrtadm/ant/rnndirinnal zonino aareement- hieronvmus.doc bears S78o 17' 00n E; Thence Northeasterly, 90.67 feet, along an arc of a 150.00 foot radius curve, concave Southeasterly, whose 89.30 foot chord bears N85°52'01 "E; Thence S76°48'58"E, 13.77 feet, to a point on the West line of Parcel "T' of the Ralston Creek South Property Acquisition Plat of Survey, as recorded in Plat Book 19, at Page 84, in said Records; hence S01'30'01 "E, along said West line, 33.29 feet; Thence S88°29'59"W, 279.96 feet; T ence S01 °30'01 "E, 434.89; Thence N88023'07"E, 279.96 feet, to a point on said Wes line of Parcel "3"; Thence S01 °30'01 "E. along said West line, 52.29 feet, to said POINT BEGINNING, containing 1.36 acres, more or less, and subject to easements and restrictions record. 2. In consideration of the City's rezoning the sub development of the subject property will conform chapter, as well as the following condition: A sidev Avenue shall be extended from Juniper Drive toS sidewalk concurrently(Iwith the construction of E property described ab ve and in Ordinance 11- 22 3. The Conditional Zoning greement reco amended as follows: Th condition ste sidewalk described above 6ball be requ installed on the property d cribed in Ordinance 11-4422. All otherditionsl yn remain in full force and effect. ;/ of property, Owner agrees that 6 all requirements of the zoning ,lk on the north side of Muscatine Boulevard. Owner shall install said public improvements installed on / at Book 4723, Page 906-912 is hereby in Paragraph 3(a) therein to install the at the time the public improvements are /said agreement and rezoned according to of said agreement not amended herein shall 4. The conditions contained herein are, reasonable conditions to impose on the land under Iowa Code §414.5 (2013), and that said conditions satisfy public needs that are caused by the requested zoning change. `\ 5. In the event the subject property is tra redevelopment will conform with the term 6. This Conditional Zoning Agreement shall k land and with title to the land, and shall rer title to the land, unless or until released of i Tthis agreement shall inure to the benefit and assigns of the parties.:' sferred, sold, redeveloped, or subdivided, all of this Conditional Zoning Agreement. deemed to be a covenant running with the in in full force and effect as a covenant with Ord by the City of Iowa City. of end bind all successors, representatives, 7. Nothing in this Conditional Zoning Agreement sh II be construed to relieve the Owner or Applicant from complying with all other applicable ocal, state, and federal regulations. 8. This Conditional ordinance rezoning ordinance, this agr( the Applicant's expo Dated this day of CITY OF IOWA CITY Matthew Hayek, Mayor ig Agreement shall be subject property, and that nt shall be recorded in the nndadm/aat/conditional zoning aqreement- hieronymus.doc 2 20 orated by reference into the adoption and publication of the ;on County Recorder's Office at OWNER: HierInftus F,*iliPartnership, LLC Attest: Marian K. Karr, City Clerk Approved by: City Attorney's Office 3 /t I /o - CITY OF IOWA CITY ACKNOV STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was Hayek and Marian K. Karr as MENT: Before me on , 20_ by Matthew J. nd City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) Hieronymus Family P nership, LLC A knowledgement: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 'L6 r��� �� ��-- `� before me, the undersi ned, a Notary Public On this � day o 20 � ' 9 in and for the State of Iowa, personally app e ed h A 16-0- H 'e ror) muS to me personally known who being by me my sworn, did say that thej person is �l�te�►ti�x ; i1 j r e-(- (title) of Hie nymus Family Partnership, LLC, and that said instrumen wa$ signed on be alf of the said limit liability company by authority of its managers and the said fi` t 1c 1)1 r 0 r acknowledged the execution of said instrument to be the voluntary act and dee' of id limited liability company by it voluntarily executed. oodadm/aWconditional zoninq agreement- hieronymus.doc 3 Nntnry Pi Hir in and for the State of Iowa oodadm/aot/conditional zoninq agreement- hieronymus.doc expires: KE_LLIfi K. TUTTLE ' ,cmriis T:n "!umber 221819 �y Cou m ssio Expires 6b Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ15-00001) ORDINANCE NO. 15-4612 AN ORDINANCE CONDITIONALLY REZONING 3.97 ACRES OF PROPERTY FROM INTENSIVE COMMERCIAL (CIA) ZONE TO RIVERFRONT CROSSINGS — SOUTH GILBERT (RFC -SG) LOCATED AT 1201 S. GILBERT ST. (REZ15-00001) WHEREAS, the applicant, 1201 Gilbert LLC, has requested a rezoning of property located at 1201 South Gilbert Street from Intensive Commercial (CI -1) Zone to Riverfront Crossings — South Gilbert (RFC -SG); and WHEREAS, the Downtown and Riverfront Crossings Master Plan was adopted in January 2013 as an integral part of the City's Comprehensive Plan and the subject property is located in the South Gilbert Subdistrict of the Riverfront Crossings District; and WHEREAS, the Riverfront Crossings — South Gilbert (RFC -SG) Zone was developed to help implement the vision of the Riverfront Crossings Master Plan by encouraging redevelopment that will create a more pedestrian -friendly character along Gilbert Street by enhancing the streetscape and overall aesthetics, tempering auto -dominated frontages by locating buildings closer to the street with parking behind or to the side of buildings, and creating a place where people can live close to the Iowa River, Ralston Creek and a proposed riverfront park, and to shopping, restaurants, and other services; and WHEREAS, the requested rezoning will result in a significant increase in the residential population in the area, which will increase the pedestrian and bicycle traffic along Gilbert Street and along planned pedestrian streets that provide access to the new park, trails, and the Iowa River and, therefore, additional public right- of-way and access easements for planned pedestrian streets, for widening pedestrian areas along Gilbert Street, and for access to parking areas interior to the block will be needed to ensure public safety and to provide a more attractive environment for residential living; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan, provided land is dedicated to the City to widen the Gilbert Street right-of-way to create a larger landscape buffer between the traffic lanes and the public sidewalk and an public access easement is granted to establish a rear lane for vehicular access to parking areas and future traffic circulation between neighboring properties; 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 satisfy public needs caused by the requested development 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 Intensive Commercial (CI -1) to Riverfront Crossings — South Gilbert (RFC -SG): LEGAL DESCRIPTION A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, INCLUDING A PORTION OF VACATED BLOCKS THREE AND SIX OF COOK'S, SARGENT, AND DOWNEY'S ADDITION, DESCRIBED AS FOLLOWS: Commencing at the Northeast Corner of Vacated Block Three, of Cook's, Sargent, and Downey's Addition to Iowa City, Johnson County, Iowa, in accordance with the Plat thereof Recorded in Deed Book 16, at Page 84, of the Records of the Johnson County Recorder's Office; Thence S01 °01'45"E, along the West Line of Gilbert Street, 80.00 feet, to The Point of Beginning; Thence continuing S01 001'45"E along said West Line, 360.00 feet; Thence S88'41'01 "W, 450.00 feet; Thence N08000'11"E, 445.88 feet, to a Point on the Westerly Extension of the North Line of said Vacated Block Three; Thence N88041'01 "E, along said Westerly Extension and North Line, 260.00 feet; Thence S01 °01'45"E, 80.00 feet; Thence N88041'01 "E, 120.00 feet, to the Point of Beginning. Said Rezoning Parcel contains 3.97 Acres (172,998 square feet), and is subject to easements and restrictions of record. Ordinance No. 15-4612 Page 2 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 111. 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. 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 the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the 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 7 th day of April , 2015. ��^ MAYOR ATTEST: / IV 4A�-.) 2e CITY CLERK Ap oved by City Attorney's Office ���� Ordinance No. 15-4612 Page 3 It was moved by Mims and seconded by Payne that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton First Consideration 03/23/2015 Vote for passage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Botchway, Dickens. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 04/16/2015 Moved by Mims, seconded by Throgmorton, 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: Dickens, Hayek, Mims, Payne, Throgmorton, Botchway. NAYS: None. ABSENT: Dobyns. Prepared by: Karen Howard, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZ15-00001) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), 1201 Gilbert LLC (hereinafter "Applicant"), and Miller and Maske LLC (hereinafter "Owner"). WHEREAS, Owner is the legal title holder of approximately 3.97 acres of property located at 1201 S. Gilbert Street in Iowa City; and WHEREAS, the Applicant has requested the rezoning of said property from Intensive Commercial (CI -1) to Riverfront Crossings — South Gilbert (RFC -SG); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions to ensure an appropriate environment for residential living, including access to parks, trails and public space amenities, improved pedestrian and bicycle safety and comfort and to provide for safe traffic circulation upon redevelopment, the requested zoning is consistent with the Comprehensive Plan; 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, certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for a safe, attractive, and comfortable environment for residential living, including access to parks, trails, and public space amenities, and improved pedestrian, bicycle, and vehicular routes. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Miller and Maske LLC is the legal title holder of the property legally described as follows: A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, INCLUDING A PORTION OF VACATED BLOCKS THREE AND SIX OF COOK'S, SARGENT, AND DOWNEY'S ADDITION, DESCRIBED AS FOLLOWS: Commencing at the Northeast Corner of Vacated Block Three, of Cook's, Sargent, and Downey's Addition to Iowa City, Johnson County, Iowa, in accordance with the Plat thereof Recorded in Deed Book 16, at Page 84, of the Records of the Johnson County Recorder's Office; Thence S01 001'45"E, along the West Line of Gilbert Street, 80.00 feet, to The Point of Beginning; Thence continuing S01 °01'45"E along said West Line, 360.00 feet; Thence S88°41'01 "W, 450.00 feet; Thence N08°00'11"E, 445.88 feet, to a Point on the Westerly Extension of the North Line of said Vacated Block Three; Thence N88°41'01 "E, along said Westerly Extension and North Line, 260.00 feet; Thence S01 °01'45"E, 80.00 feet; Thence N88°41'01 "E, 120.00 feet, to the Point of Beginning. Said Rezoning Parcel contains 3.97 Acres (172,998 square feet), and is subject to easements and restrictions of record. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles 1 of 4 of the Comprehensive Plan, including the South Gilbert Subdistrict of the Downtown and Riverfront Crossings Master Plan, and the Owner intends to comply therewith. Further, the parties acknowledge that 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 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, Owner and Applicant agree that development of the subject property will conform to all requirements of the zoning chapter, as well as the following conditions to be satisfied upon redevelopment of the property: a) Prior to the issuance of any building permit, Owner shall dedicate land necessary for the pedestrian street rights-of-way, Ralston Creek pedestrian street, and Gilbert Street right-of-way improvements, as shown in the Downtown and Riverfront Crossings Master Plan, as follows and as illustrated on the "Block 6" Exhibit, attached hereto and incorporated herein: i. 40' of land dedication along the Gilbert Street frontage; and ii. 11' of land dedication along the northern property line; and iii. 35' of land dedication along the southern property line; and iv. 30' of land dedication along the west property line as measured from the top of bank of Ralston Creek. b) Prior to issuance of any building permit, Owner shall grant a 30 -foot wide public cross - access easement in a location running the length of the property parallel to Gilbert Street to be located between an area that is 122 feet west of the current east property line and 166 feet west of the current east property line (as illustrated on the attached Block 6 Exhibit), the exact location therein to be determined by the City, the purpose of which is to provide traffic circulation and access to rear parking areas for the subject property, as well as for adjacent properties located along Gilbert Street from Kirkwood Avenue to Highway 6. At the time of development of the subject property, Owner shall pave this public cross -access easement with a minimum 20 -foot wide private rear lane that provides access to parking areas located behind buildings as illustrated on the "Block 6" Exhibit, attached hereto and incorporated herein. 4. The conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2013), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. In the event the subject property is transferred, sold, redeveloped, or subdivided, all development will conform with the terms of this Conditional Zoning Agreement. 6. 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. 7. This agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 8. Nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 2of4 9. 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. Dated this 7th day of April CITY OF IOWA CITY Matthew J. Hayek, Mayo Attest: Mari'an K. Karr, City Clerk Approved by: City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 2015. ��- 5; Mill aske L C 14-c, KUA149r By: 1201 Q /jl6ert 1-1-07 WWIN- y - This instrument was acknowledged before me on 4pr) / �2015 by Matthew J. Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. . KC- /� /, Iqle Notary Public in and for the State of Iowa (Stamp or Seal) r a'at :IKEL�LIE K. T:r2 E�,Title (and Rank) �� CcmiFn Plum1819Po ssi resa1049R My commission expires: 3of4 MILLER AND MASKE LLC ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on Nko row 7-c 2015 by '1 5144 - (Name(s) of individual(s) as �J�,�p�,✓ (type of authority, such as officer or trustee) of of MILLER AND MASKE LLC �ary Public in and for said County and State (Stamp or Seal) 4PP� sF RACHEL A. MILLER Commission Number 776867 My Commission Expires Title (and Rank) February 5, 2016 My commission expires: Z,6;- 1201 5 1201 GILBERT LLC ACKNOWLEDGMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on Vvj.rJV. ZJ 2015 by WNN, (Name(s) of individual(s) as rna�. or (type of authority, such as officer or trustee) of 1201 GILBERT LLC. Notary Publif in and for the State of Iowa (Stamp or Seal) [*:!7Wnn:W6nY BURG N�+ rbw 305 Title (and Rank) My commission expires: P- 3/- /G 4 of 4 O co ch i-- vkI i3�-' 0 --21 M -....... ...... _ o �- 1110 co M 04-07-15 6c Prepared by: Tim Hennes, Senior Building Inspector, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5122 (REZ15-00003) ORDINANCE NO. 15-4613 ORDINANCE REZONING APPROXIMATELY 0.275 ACRES LOCATED AT 800 S. DUBUQUE ST. FROM INTENSIVE COMMERCIAL (CI -1) TO NEIGHBORHOOD PUBLIC (P-1). (REZ15-00003) WHEREAS, the applicant; Johnson County, has requested a rezoning of property located at 800 S. Dubuque St. from Intensive Commercial (CI -1) to Neighborhood Public ( P-1); and WHEREAS, the Comprehensive Plan indicates that the property is designated public use; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended approval of this rezoning; and WHEREAS, the applicant intends to consider and incorporate Riverfront Crossings design standards into its development of this property to the extent that it is able. 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 Intensive Commercial (CI -1) to Neighborhood Public (P-1): Lot 8 of Block 28 County Seat Addition, Iowa City, Johnson County, Iowa 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. Passedand approved this 7th day of April, 2015. MAYOR ATTEST: CITY CLERK Appro ' d by / ity Attorneys Office Ordinance No. 15-4613 Page 2 It was moved by Mims and seconded by Dickens that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton First Consideration 03/23/2015 Vote for passage: AYES: Hayek, Mims, Payne, Throgmorton, Botchway, Dickens, Dobyns. NAYS: None. ABSENT: None. Second Consideration --------------------- Vote for passage: Date published 04/16/2015 Moved by Mims, 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: Hayek, Mims, Payne, Throgmorton, Botchway, Dickens. NAYS: None. ABSENT: Dobyns. 6d Prepared by: Jann Ream, Development Services Division, 410 E. Washington Street, Iowa City, IA 52240; 319- 356-5120 ORDINANCE NO. 15-4614 AN ORDINANCE AMENDING TITLE 14: ZONING TO BROADEN AND CLARIFY THE PLACEMENT STANDARDS FOR PORTABLE SIGNS ALLOWED IN CENTRAL BUSINESS DISTRICT COMMERCIAL ZONES. WHEREAS, the stated purpose of the Zoning Code sign regulations is to provide a reasonable opportunity for all sign users to display signs without interference from other signage and to provide fair and equitable treatment for all sign users; and WHEREAS, current sign regulations regarding the placement of portable signs restrict that placement to private property or sidewalk cafes; and WHEREAS, these restrictions create a perception of unfairness for those business owners who do not have an available area of private property due to building placement or whose businesses are not located on the ground floor of a building; and WHEREAS, it is reasonable to allow portable signs on City right-of-way, subject to certain limitations regarding the size, location and illumination; and WHEREAS, the proposed standards will protect and maintain a minimum unobstructed pedestrian walk way of 8ft; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed changes to the sign ordinance and recommend approval; and WHEREAS, these amendments satisfy the purpose of the sign regulations and are in the public interest. 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. Amend Section 14 -5B -8E, Table 56-4, "Sign Specifications and Provisions in the CB -2, CB -5 and CB -10 Zones," by deleting the row that addresses "Portable signs" and substitute in lieu thereof: Up to one non -illuminated portable sign is allowed per storefront. A maximum of one additional sign is allowed for businesses not located on the ground floor, which may be for one or more of those businesses. The sign must be placed 1) on private property; 2) within or on the fenced delineated area of a sidewalk caf6; or 3) on City right-of-way within 30 inches of the front fagade wall and/or front property line of the building containing the business. The sign may not block access to any doorway. 6 sq. ft. per sign face. When placed on City right-of-way, a clear, unobstructed Portable sign May be double-faced fora Oft 8ft path between the sign and any streetscape amenities, total area of 12 sq ft. planters, delineated sidewalk caf6 areas or obstructions must be maintained. The sign must be moved inside the business when the business is closed. The sign must be constructed of durable materials and weighted to provide stability in all weather conditions. External weights separate from the sign itself, such as sandbags, are not permitted. A maximum of 2 sign faces are allowed per sign. Sign faces can be separated if placed on a fence for sidewalk caf6. Ordinance No. 15-4614 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, as provided by law. Passed and approved this 7th day of April 2015. ATTEST: / CITY CLERK App ved by City Attorneys Officea/�/�S Ordinance No. Page 3 15-4614 It was moved by Payne and seconded by Dickens that the Ordinance as read be adopted, and upon roll call there were: AYES: x x x x x x NAYS: ABSENT: x Botchway Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 03/09/2015 Vote forpassage: AYES: Hayek, Mims, Payne, Throgmorton, Botchway, Dickens, Dobyns. NAYS: None. ABSENT: None. Second Consideration 03/23/2015 Vote forpassage: AYES: Mims, Payne, Throgmorton, Botchway, Dickens, Dobyns, Hayek. NAYS: None. ABSENT: None. Date published 04/16/2015 Marian Karr From: hk7468@yahoo.com Sent: Wednesday, April 01, 2015 3:00 PM To: Council Subject: Zoning Code and Portable Sign Advertisements Dear Members: I am writing to ask you to keep the current ordinance that prevents the use of portable signs downtown. I understand that many business owners support the use of the signs and that enforcement of the current ordnance has become an issue. However, the sidewalks are for pedestrians, and as you know, foot traffic can be quite high downtown. Anything that impedes pedestrians has no business being on the sidewalks. Downtown Iowa City businesses are great, but we don't need anything impeding our path to get to them. Sincerely, Kellie Haigh 409 James Blvd NW #2 Oxford, IA 319-828-5017 This correspondence will become a public record. Sent from my iPhone �It o�I CITY OF IOWA CITY 04-07-15 ---- ="WIM MEMORANDUM Date: April 1, 2015 To: City Council From: Tom Markus, City Manager Re: City Department Realignment During the January 10, 2015 budget work session, I outlined a realignment of divisions between the Public Works and Transportation Services departments. This would result in the relocation of oversight responsibilities of the Landfill and Refuse Collection staff and operations out of Public Works and over to Transportation Services. In our discussion on January 10, 1 outlined my concerns centered on the span of control of the Public Works Department and the burden that resulted for the director. Multiple retirements that occurred in that department prior to January 1St created the opportunity to evaluate scenarios to address the span of control in order to create a better balance of management within our organization. This realignment will result in a name change for the Department of Transportation Services to the Department of Transportation and Resource Management. We feel that Resource Management shifts the thought process from "dump" to an integrated solid waste management program focused on initiatives to reduce the amount of reusable materials that make their way to our landfill. The most significant staffing change will be the elimination of the Wastewater and Landfill Superintendent and the creation of a Wastewater Superintendent and a Resource Management Superintendent. We were in a unique position of having an employee in place that had the knowledge of both Wastewater and Landfill operations but was spread incredibly thin. The continual evolution of waste management programs coupled with the additional responsibilities of the refuse collection operations led us to the conclusion to go this direction. If authorization of this realignment is granted, I am seeking to make the following changes to the City's staffing plan: 1. Elimination of the Transportation Services Director position (Grade 33) 2. Elimination of the Wastewater and Landfill Superintendent position (Grade 30) 3. Creation of the Transportation and Resource Management Director position (Grade 34) 4. Creation of the Wastewater Superintendent position (Grade 30) 5. Creation of the Resource Management Superintendent position (Grade 30) It would be my intent to fill the Transportation and Resource Management Director position by appointment and then begin the process of filling the two Superintendent positions. My intent is to have completed this transition by July 1, 2015, understanding that not all items may be complete at this time. The directors' of Public Works and Transportation Services have been discussing the operational details that need addressed and have been working on a plan to get the realignment implemented should that be the direction authorized by City Council. As mentioned earlier, these were discussions that we engaged in during the January 10, 2015 budget work session and we feel that they will allow the organization to operate at a higher level, thus allowing us to better achieve the City's strategic goals. Prepared by: Chris O'Brien, Director of Transportation Services, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5156 ORDINANCE NO. ORDINANCE AMENDING TITLE 1, ADMINISTRATION, CHAPTER 8, ADMINISTRATIVE SERVICE DEPARTMENTS, SECTION 1-8-1, ADMINISTRATIVE SERVICE DEPARTMENTS ORGANIZED: TO UPDATE THE TITLES OF DEPARTMENTS AND THE HEADS THEREOF AND TO EXTEND THE POWERS AND DUTIES OF THE FORMER POSITIONS TO THE REVISED POSITIONS. WHEREAS, restructuring within the City organization to realign the Landfill and Refuse divisions from the Public Works Department into the Transportation Services Department, creating the Transportation and Resource Management Department will result in name changes to departments and the department head; and WHEREAS, during the City Council's budget work session, this realignment was identified as a way to enhance City operations; and WHEREAS, the City Manager recommends this ordinance amendment to accurately reflect the names of departments and the titles of said department heads within the City and to extend the powers and duties of the former positions to the revised positions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. A. TITLE 1, ADMINISTRATION, CHAPTER 8, ADMINISTRATIVE SERVICE DEPARTMENTS, SECTION 1-8-1, ADMINISTRATIVE SERVICE DEPARTMENTS ORGANIZED, is hereby amended by striking Department of transportation services and Director of transportation services and replacing with Department of transportation and resource management and Director of transportation and resource management; B. TITLE 1, ADMINISTRATION, CHAPTER 8, ADMINISTRATIVE SERVICE DEPARTMENTS, SECTION 1-8-1, ADMINISTRATIVE SERVICE DEPARTMENTS ORGANIZED, shall be further amended by adding the following provision at the end of Section 1-8-1. "After July 1, 2015, any reference to Director of transportation services shall mean the Director of transportation and resource management, with the latter having all of the powers and duties granted to the former under the provisions of this code." 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 day of 2015. MAYOR ATTEST: CITY CLERK Approved by (� City Attorney's Office Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: First Consideration Vote for passage: Throgmorton. Second Consideration _ Vote for passage: Date published ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton 04/07/2015 that the AYES: Botchway, dickens, Hayek, Mims, Payne, NAYS: None. ABSENT: Dob.yns. 04-07-15 10 Prepared by: Dennis Bockenstedt, Director of Finance, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5053 ORDINANCE NO. 15-4615 ORDINANCE AMENDING TITLE 3, ENTITLED "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES," SECTION 5, ENTITLED "SOLID WASTE DISPOSAL," OF THE CITY CODE TO INCREASE OR CHANGE CERTAIN SOLID WASTE CHARGES. WHEREAS, pursuant to Chapter 364, Code of Iowa (2013), the City of Iowa City provides certain solid waste disposal services at the municipal landfill; and WHEREAS, it is in the public interest to increase certain fees and charges associated with said solid waste disposal services at the municipal landfill; and WHEREAS, the Iowa City City Council proposes to increase landfill use fees for solid waste disposal by $4.00 per ton, and to increase the minimum solid waste disposal fee (160 pounds or less) by $.25 per load on July 1, 2015, to adequately finance municipal landfill operational costs; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 3, entitled "City Finances, Taxation, and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 3-4-5, entitled "Solid Waste Disposal," of the Iowa City Code is hereby amended by: Changing the fee for the following items: Landfill user fees from $38.50 per ton to $42.50 per ton for Iowa City residents; from $43.50 per ton to $47.50 per ton for all others. The minimum fee for solid waste disposal(160 pounds or less) from $3.00 to $3.25 for Iowa City residents and from $3.25 to $3.50 for all others. SECTION ll. 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. All rate changes will be effective July 1, 2015. Passed and approved this 7th day of AT)ril 2011 dS Approved by MAYOR l ? ATTEST: tiJ d (� CITY CLERK City Attorney's Office Ordinance No. 15-4615 Page 2 It was moved by Mims and seconded by Pa Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: —x x x Botchway Dickens Dobyns Hayek Mims Payne Throgmorton that the First Consideration 03/23/2015 Vote for passage: AYES: Botchway, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. NAYS: None. ABSENT: None. Second Consideration ------------------------ Vote for passage: Date published 04/16/2015 Moved by Mims, 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: Dickens, Hayek, Mims, Payne, Throgmorton, Botchway. NAYS: None. ABSENT: Dobyns. 04-07-15 11 Prepared by: Susan Dulek, Ass't. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 4, ENTITLED "PARKING REGULATIONS," TO ESTABLISH PROVISIONS FOR FOOD TRUCK VENDING ON CITY STREETS. WHEREAS, in 2014 the City engaged in a pilot project for food truck vending; WHEREAS, food truck vending should be allowed on City streets except in certain restricted areas, including the downtown area, residential areas, and within 150 feet of any restaurant; and WHEREAS, it is in the City's best interest to establish a permitting system to allow food truck vending on City streets. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 4, entitled "Parking Regulations," is hereby amended to add a new Section 16, entitled "Food Trucks" and will read as follows: A. Definitions Downtown Zone. The areas illustrated on the map at the end of this section. Food Truck. A motorized vehicle specially equipped to prepare and sell food items to the general public. Truck Permit. Written authorization by the City to operate a Food Truck on public right of way as provided in this chapter. Operate. To offer for sale food and beverage items to the general public; it does not mean either loading or unloading food or beverage items in bulk or other materials. Restaurant. Restaurant as that term is defined in Section 10-3-1 of this code. B. No person may operate a food truck on public right of way without a food truck permit as provided herein. C. Permit. 1. An application for a food truck permit shall be filed with the City Manager or designee on a form provided by the City. 2. The permit shall require the permittee to pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed upon the City for damages of any kind resulting from use of public property and the public right of way, whether sustained by any person or persons, caused by accident or otherwise and shall defend at its own expense and on behalf of the City any claim against the City arising out of the use of public property and the public right of way. 3. The permit shall require the permittee to obtain insurance in an amount determined by the City's risk manager. 4. The City Manager or designee shall grant or deny the application for a permit in writing within thirty (30) calendar days after the application being filed. The City Manager or designee shall grant the application and issue a permit if the requirements set forth in the administrative rules have been met. 5. The applicant may appeal the denial in the same manner as mobile vending permits in Title 10. 6. The City Manager or designee, or City Council if issued following an appeal, may revoke a food truck permit as provided in the administrative rules. A permittee may appeal the revocation in the same manner as appealing the issuance or denial of a permit. 7. The administrative rules may limit the number of permits granted. 8. Permits shall be issued for one (1) year. 9. The permittee shall not offer tobacco or alcoholic beverages for sale. 10. The sale, transfer, or assignment of a permit is expressly prohibited. D. No person shall operate, and no permittee shall allow a food truck to be operated, on public right of way in the following locations: 1. Inside the Downtown Zone; 2. Within 150 feet of an entrance to a restaurant; Ordinance No. Page 2 3. In a residential zone, as defined in the Zoning Code; or 4. In a loading zone. The administrative rules may expand the areas where a food truck is prohibited from operating. E. Notwithstanding any other provision in the code, a person may: 1. Operate a food truck in two metered spaces if the parking meters for both spaces are operational. 2. Operate for up to three (3) hours in a metered space with an established time period of two (2) hours or less if the meter is operational, 3. Back a food truck into and park and operate it in an angled stall. F. Fees for food truck permits shall be set by resolution of the City Council. G. The City Manager is authorized to establish administrative rules not inconsistent with any ordinance to carry out the provisions of this chapter. A copy of said rules shall be on file with the City Clerk and available on the City's website. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision 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 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 2015. MAYOR ATTEST: CITY CLERK Approved by City Attorney'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: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 03/23/2015 Voteforpassage: Mims, Payne, Throgmorton, Botchway, Dickens, Dobyns, Hayek. NAYS: None. ABSENT: None. Second Consideration 04/07/2015 Vote for passage: AYES: Hayek, Mims, Payne, Throgmorton, Botchway, Dickens. NAYS: None. ABSENT: Dobyns. Date published z W 2 F C Z m V p "DOWNTOWN ZONE" FOOD TRUCK RESTRICTED AREAS