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HomeMy WebLinkAbout2016-06-06 OrdinancePrepared by: Marti Wolf, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (VAC15-00007) 5a ORDINANCE NO. 16-4664 ORDINANCE VACATING THE WATERFRONT DRIVE PUBLIC RIGHT-OF-WAY (VAC15-00007) WHEREAS, the applicant, Equity Ventures, has requested that the City vacate and convey to the applicant Waterfront Drive public right-of-way running east and west between 1402 and 1411 Waterfront Drive; and WHERAS, the vacation is being requested to combine the surrounding parcels for uniform redevelopment; and WHEREAS, Waterfront Drive is not currently utilized for access or circulation by any entities besides the adjacent properties, which have voiced support for the vacation request; and WHEREAS, a suitable access easement will be established in lieu of the right-of-way; and W HERAS, the Waterfront Drive right-of-way does have public water and sanitary sewer utilities; and WHEREAS; these utilities must be relocated prior to development of structures where the Waterfront Drive right-of-way is located; and WHEREAS, easements for these utilities will be retained until the new utilities are constructed and accepted by the City; and WHEREAS, releasing the utility easements will require subsequent action by the City Council; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed vacation of Waterfront Drive and has recommended approval of the application subject to City staff approval of a final plat application, which must include plans for utility relocation and a plan for temporary access to Car -X property during construction and a permanent access easement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I VACATION. The City of Iowa City hereby vacates that portion of public right-of-way described as follows subject to the easements described above: LEGAL DESCRIPTION BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 OF SOUTHGATE ADDITION, PART 1, TO IOWA CITY, IOWA, IN AFFORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 9 AT PAGE 54 OF THE RECORDS OF JOHNSON COUNTY RECORDER'S OFFICE; THENCE S22°54'00"E, 50.00 FEET, TO A POINT ON THE NORTH LINE OF LOT 3 OF SAID SOUTHGATE ADDITION, PART 1; THENCE S67°06'00"W, ALONG SAID NORTH LINE 24.88 FEET; THENCE SOUTHWESTERLY, 75.16 FEET, ALONG SAID NORTH LINE ON A 125.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 74.03 FOOT CHORD BEARS S84°19'30"W; THENCE N78027'00"W, ALONG SAID NORTH LINE, AND THE NORTH LINE OF LOTS 4 AND 5 OF SAID SOUTHDATE ADDITION, PART 1, A DISTANCE OF 181.93 FEET, TO ITS INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH GILBERT STREET; THENCE NORTHEASTERLY, 90.52 FEET, ALONG SAID EASTERLY RIGHT-OF-WAY LINE ON A 914.55 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 90.48 FOOT CHORD BEARS N34°33'42"E, TO ITS INTERSECTUION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF WATERFRONT DRIVE; THENCE SOUTHEASTERLY, 22.90 FEET, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE ON A 15.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 20.74 FOOT CHORD BEARS S12000'13"E; THENCE SOUTHEASTERLY, 72.94 FEET, ALONG SAID NORTHLY RIGHT-OF-WAY LINE ON A 183.98 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 72.47 FOOT CHORD BEARS S67°05'30"E, TO ITS INTERSECTION WITH THE SOUTH LINE OF SAID LOT 1 OF SOUTHGATE ADDITION, PART 1; THENCE S78 -27'00"E, ALONG SAID SOUTH LINE, 67.22 FEET; THENCE NORTHEASTERLY, 45.09 FEET, ALONG SAID SOUTH LINE ON A 75.00 RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 44.42 FOOT CHORD BEARS N84019'30"E' THENCE N°6706'00"E, 24.88 FEET TO THE POINT OF BEGINNING. SAID WATERFRONT DRIVE RIGHT-OF-WAY VACATION PARCEL CONTAINS .31 Ordinance No. 16-4664 Page 2 ACRE (13,454 SQUARE FEET), AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 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 6th day of June 2016. M OR: Approved by: ATTEST: a v d ' (c.) - (So CITY CL K City Attorney's Office Ordinance No. 16-4664 Page 3 It was moved by Mims and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Dickens Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 02/16/2016 Voteforpassage: AYES: Cole, Dickens, Mims, Taylor, Thomas, Throgmorton, Botchway. NAYS: None. ABSENT: None. Second Consideration 03/01/2016 Voteforpassage: AYES: Dickens, Mims, Taylor, Thomas, Throgmorton, Botchway, Cole. NAYS: None. ABSENT: NBne. Date published 06/16/2016 that the Prepared by: Sarah Walz, Acting Traffic Eng. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239 ORDINANCE NO. CONSIDER AN ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITLED "SPEED RESTRICTIONS", SUBSECTION C, ENTITLED "SCHOOL SPEED ZONES" TO EXPAND THE HOURS DURING WHICH REDUCED SPEED (20 MPH) IS IN EFFECT IN ALL SCHOOL SPEED ZONES AND TO CREATE A 20 MPH SCHOOL SPEED ZONE FOR ALEXANDER ELEMENTARY SCHOOL. WHEREAS, it is in the best interest of the City to define maximum allowable speeds for vehicles on public streets and highways; WHEREAS, City Code Section 9-3-6(C) currently defines 20 MPH school speed zones for streets near elementary schools from 8:00 AM until 5:00 PM, Monday through Friday; and WHEREAS, the Iowa City Community School District has modified the school bell schedule such that Iowa City elementary schools will be in session from 7:55 AM until 2:55 PM; and WHEREAS, it is in the best interest of the City to create a safer environment for school children by limiting vehicle speeds near schools during those hours when children may be traveling to and from school sites; WHEREAS, City Code Section 9-3-6(C) currently defines 20 MPH school speed zones for streets near elementary schools; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS The Code of Ordinances of the City of Iowa City is hereby amended as follows: 1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," Section 6, entitled "Speed Restrictions," Sub -Section C, entitled "School Speed Zones" is hereby amended by deleting "eight o'clock (8:00) A.M." and substituting in lieu thereof "seven o'clock (7:00) A.M." and by adding the following language to the chart therein: Name of Street Where Limit Applies Sycamore Street From Lehman Avenue to a point 600 feet north of Daniel Place 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 2016 Page 1 of 2 MAYOR ATTEST: CITY CLERK Ap ved by GSC C4 % City Attorney's Office Page 2 of 2 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: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 06/06/2016 Voteforpassage: AYES: Dickens, Mims, Taylor, Thomas, Throgmorton, Cole. NAYS: None. ABSENT: None. ABSTAIN:. Botchway Second Consideration Vote for passage: Date published Prepared by: Susan Dulek, Ass't. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 16-4665 ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS;' CHAPTER 2, ENTITLED "TAXICABS," TO ELIMINATE A LOCAL OFFICE, 2417 SERVICE, AND INSPECTION OF NEWER MODEL VEHICLES AND TO ALLOW A SURCHARGE FEE ON CERTAIN DAYS AND NEMT SERVICES. WHEREAS, the Governor signed HF 2414 on May 9, 2016 that, in part, prohibits cities from requiring taxi businesses from having a physical office in the locality beginning January 1, 2017; WHEREAS, the City Council passed Ordinance No. 16-4663 on April 19, 2016 to allow "Transportation Network Companies" to operate; WHEREAS, in response to these enactments, the City's "traditional" taxicab Code provisions should be amended to allow for a limited "surcharge" fee, to eliminate a business from having to provide 24/7 service, to eliminate a physical office requirement within Iowa City/Coralville immediately and to eliminate the requirement for inspections on vehicles less than ten years old; WHEREAS, the federal government requires states to provide certain Medicare/Medicaid recipients transportation to and from medical appointments, which is known as Non -Emergency Medical Transportation, and taxicab companies nationally provide this service via written contracts with providers, and the City's taxicab requirements should not prevent a taxicab business from engaging in this service; and WHEREAS, it is in the public interest to amend the code accordingly. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION 1. AMENDMENTS. 1. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 1, entitled "Definitions," is amended by adding new definitions of Extra Passenger Fee and Surcharge as follows: Extra Passenger Fee: A flat per passenger fee a metered taxicab business may charge that is calculated by and shown on the taximeter. Surcharge: A flat per passenger fee a metered taxicab business may charge in addition to the rate shown on the taximeter on the following days: University of Iowa home football games (defined as the day prior to, the day of and the day following the game, which typically will be Friday, Saturday and Sunday), University of Iowa graduation weekends (defined as Friday, Saturday and Sunday of the December and May commencements), New Year's Eve (defined as 12:00 noon on December 31 to 12:00 noon on January 1), and a special event (defined as a notable event as solely determined by the City, notice of which will be provided to the taxicab businesses as set forth in the administrative rules). 2. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 2, entitled "Business Licenses" is amended by deleting Subsections H and I and adding a new Subsection H as follows: Notwithstanding any provision in this chapter, taxicab businesses may provide Non -Emergency Medical Transportation services. 3. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 3, entitled "Accessibility of Records" is amended by deleting Subsection B1 and adding a new Subsection B1 as follows: Taxicab businesses shall provide the following vehicle information and driver information on demand to the City of Iowa City and this information must be accessible to the City in at least one of the following ways: 1. a. A taxicab business shall have an accessible business office. An "accessible business office" means a telephone number available to the Iowa City Police Department twenty-four (24) hours a day, seven (7) days a week. 1. b. Manifest logs must be maintained by the taxicab business and made available to the Iowa City Police Department within twelve (12) hours of a request. 4. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 4, Ordinance No. 16-4665 Page 2 entitled "Driver Requirements," is amended by deleting Subsection J in its entirety. 5. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 5, entitled "Vehicle Requirements," in amended by adding the following to the beginning of Subsection A: Except as provided herein. 6. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 5, entitled "Vehicle Requirements," is amended by adding a new Subsection E as follows: Taxicabs that are ten (10) model years old or newer (by way of example, during the calendar year 2016, the model must be 2006 or newer) need only be inspected annually for color scheme, taximeter, lighted dome, and lettering. 7. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 8, entitled "Rates" is amended by deleting Subsection B2a and adding a new Subsection 132a as follows: A rate based on distance includes destination rates. Except for destination rates, all rates based on time and/or distance must utilize a taximeter. All other rates, charges, or fees, except for a surcharge, extra passenger fee and cleanup fee, are prohibited. Only one rate may be certified by the calibrator at one time, and said rate must match the rate card filed in the city clerk's office and verified by the city equipment superintendent or designee 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 6th day of June 2016. OR ATTEST: //ll�.c/�ny 1 CITY CtERK Approved by S- 3 1 - I City Attorney's Office Ordinance No. 16-4665 Page 3 It was moved by Mims and seconded by_ Ordinance as read be adopted, and upon roll call there were: AYES NAYS: ABSENT: ABSTAIN: Botchway Botchway Cole Dickens Mims Taylor Thomas Throgmorton that the First Consideration 05/17116 Vote forpassage: AYES: Taylor, Thomas, Throgmorton, Botchway, Cole, Mims. NAYS: None. ABSENT: Dickens. Second Consideration _ Vote for passage: Date published 06/16/2016 Moved by Mims, seconded by Cole, 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 passageat this time. AYES: Mims, Taylor, Thomas, Throgmorton, Botchway, Cole, Dickens. NAYS: None.. ABSENT: None. Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, ENTITLED "TAXICABS," TO ELIMINATE A LOCAL OFFICE, 2 ERVICE, AND INSPECTION OF NEWER MODEL VEHICLES AND TO ALLOW A SURCHARGE FEE ON CERTAIN DAYS AND NEMT SERVICES. WHEREAS, the Governor s ned taxi businesses from having a phy ica WHEREAS, the City Counc� "Transportation Network Companies" WHEREAS, in response to these be amended to allow for a limited "s service, to eliminate a physical office the requirement for inspections on vehicle less than ten years WHEREAS, the federal government quires states to pr transportation to and from medical ap ointments, which Transportation, and taxicab companies nati nally provide this and the City's taxicab requirements should t prevent a ta)d( and WHEREAS, it is in the public interest to am nd NOW, THEREFORE, BE IT ORDAINED B TF SECTION I. AMENDMENTS. 1. Title 5, entitled "Business and License entitled "Definitions," is amended by adding ne follows: Extra Passenger Fee: A flat per passeng fee calculated by and shown on the taximeter. Surcharge: A flat per passenger fee a r9tered t shown on the taximeter on the following days: Unity HF 2414 on May 9, 2016 that, in part, prohibi cities from requiring I office in the locality beginning January 1, 2 7; passed Ordinance No. 16-4663 on ril 19, 2016 to allow 0 operate; nactments, the City's "traditional" icab Code provisions should u harge" fee, to eliminate a busin ss from having to provide 24/7 re uirement within Iowa City/Cor ville immediately and to eliminate the prior to, the day of and the day following the game, whi University of Iowa graduation weekends (defined as Fri May commencements), New Year's F=ve (defined as 12 January 1), and a special event (defined as a notable e which will be provided to the taxicab businesses as set 2. Title 5, entitled "Businesss and License Regul entitled "Business Licenses" is mended by deleting Sut follows: Notwithstanding any provision in this Medical Transportation services. g certain Medicare/Medicaid recipients known as Non -Emergency Medical rice via written contracts with providers, business from engaging in this service; accordingly. COUNCIL OF THE CITY OF CITY. IOWA: ' Chapter 2, entitled "Taxicabs," Section 1, of Extra Passenger Fee and Surcharge as taxicab business may charge that is business may charge in addition to the rate of Iowa home football games (defined as the day typically will be Friday, Saturday and Sunday), , Saturday and Sunday of the December and noon on December 31 to 12:00 noon on :n as solely determined by the City, notice of firth 'nthe administrative rules). ions," Chapter 2, entitled "Taxicabs," Section 2, ectio H and I and adding a new Subsection H as chapter, taxicab bNsinesses may provide Non -Emergency 3. Title 5, entitled usiness and License Regulations," Ch Ater 2, entitled "Taxicabs," Section 3, entitled "Accessibility of fjecords" is amended by deleting Subsection 1 and adding a new Subsection B1 as follows: /J Taxicab businesses shall provide the following vehicle information nd driver information on demand to the City of Iowa City qnd this information must be accessible to the City'n at least one of the following ways: 1. a. A taxi . ab business shall have an accessible business office. n "accessible business office" ME ans a telephon number available to the Iowa City Police Department my -four (24) hours a day, seven (7) days a eek. 1. b. M�!nifest logs must be maintained by the taxicab business and m de available to the Iowa City Police Department within twelve (12) hours of a request. 4. Title 5, entitled "Business and License Regulations," Chapter 2, entitled\Taxicabs;' Section 5, Ordinance No. Page 2 entitled "Vehicle Requirements," in amended by adding the following to the beginning of Subsection A: Except as provided herein. 5. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 5, entitled "Vehicle Requirements," is amended by adding a new Subsection E as follows: Taxicabs that are ten (10) model years old or newer (by way of example, during the calendar year 2016, the model must be 2006 or newer) need only be inspected annually for color scheme, taximeter, lighted dome, and lettering. 6. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 8, entitled "Rates" is amended by deletin Subsection B2a and adding a new Subsecti n B2a as follows: A rate based on distance includes estination rates. Except for destination ates, all rates based on time and/or distance must utilize a taxiete er. All other rates, charges, or fe ,except for a surcharge, extra passenger fee and cleanup fee, arohibited. Only one rate may b certified by the calibrator at one time, and said rate must match thcard filed in the city clerk' office and verged by the city equipment superintendent or designee SECTION II. REPEALER. All ordinances and parts of ordinance n conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any se ion, provision or p of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudications all not affect th alidity of the of as a whole or any section, provision or part thereof not adjudged inv lid or uncons utional. SECTION IV. EFFECTIVE DATE. This Ordin nce shall in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 2016. MAYOR ATTEST: CITY CLERK Approved by City Attorneys Office