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HomeMy WebLinkAbout2016-10-18 OrdinanceMmTS ir� 6a Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 ORDINANCE NO. 16-4680 AN ORDINANCE AMENDING 1-9-36 OF THE CODE OF ORDINANCES TO ADD RECENTLY ANNEXED PROPERTY TO PRECINCTS 8, 10 AND 24. WHEREAS, since January 2013 the City has annexed six properties approved in Resolution No. 13-135, Resolution No. 13-334, Resolution No. 13-335, Resolution No.14-196, Resolution No. 15-7 and Resolution No. 15- 286; and, WHEREAS, it is necessary to add these properties to the adjacent voting precincts. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. Section 1-9-313 Boundaries of Precincts: Precinct 8 is hereby amended by repealing the description of Precinct 8 and replacing it with the following: Precinct 8: Beginning at the SE corner of 1715 Mormon Trek Boulevard where Mormon Trek Boulevard and Hwy 218 intersect; thence NW and continuing along the Iowa City corporate limits to Melrose Avenue; east on Melrose Avenue to Galway Drive; along Galway Drive to Donegal Court; southerly along Donegal Court to Tipperary Road; southerly along Tipperary Road to where it intersects with the western boundary of lot 195 Galway Hills Subdivision Part 10; southerly along said western boundary and continuing easterly to the SE corner of lot 194 Galway Hills Subdivision Part 10; southerly to Willow Creek; easterly to the west boundary of Shannon Drive; southerly along Shannon Drive to Irving Avenue; northerly and easterly along Irving Avenue to Jensen Street; south along Jensen Street to Walden Road; northeasterly along Walden Road to Mormon Trek Boulevard; south along Mormon Trek Boulevard to the point of beginning. Section 1-9-313 Boundaries of Precincts: Precinct 10 is hereby amended by repealing the description of Precinct 10 and replacing it with the following: Precinct 10: Beginning at the intersection of Highway 6 and the Iowa River; east along Highway 6 to Boyrum Street; then south on Boyrum Street to Southgate Avenue; then east on Southgate Avenue to Keokuk Street; then south on Keokuk Street to Sandusky Drive; then east on Sandusky Drive to Taylor Drive; then south on Taylor Drive to Burns Avenue; then east on Burns Avenue to Sycamore Street; then south on Sycamore Street to the Iowa City corporate limits; then following along the Iowa City corporate limits to the point where the corporate limits intersects the centerline of the CRANDIC Railroad in Section 21, Township 79 N, Range 6 W; then continuing north along said centerline of the CRANDIC to the centerline of the Iowa River; then north along said centerline to the point of beginning. . Section 1-9-3B Boundaries of Precincts: Precinct 24 is hereby amended by repealing the description of Precinct 24 and replacing it with the following: Precinct 24: Beginning at the SE corner of Scott Park on the Iowa City corporate limits; following the corporate limits south to American Legion Road; west on American Legion Road to Scott Boulevard; north along Scott Boulevard to Rochester Avenue; east on Rochester Avenue to the Iowa City corporate limits; starting east along the corporate limits and continuing to follow the corporate limits back to the point of beginning. 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. Ordinance No. 16-4680 Page 2 Passed and approved this 18th day of October , 2016. Attest: ) • K • k--Z� Marian Karr, City Clerk 4 Ja es A Throgmorton, Ma)(6r jztpc q_ a -7-/G City Attorneys Office Ordinance No. 16-4680 Page 3 It was moved by Mims and seconded by Botchway Ordinance as read be adopted, and upon roll call there were: AYES NAYS: ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 10/04/2016 Voteforpassage: AYES:Cole, Dickens, Mims, Taylor, Thomas, Throgmorton, Botchway. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 10/27/2016 that the Moved by Mims, seconded by Botchway, 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: Cole, Dickens, Mims, Taylor, Thomas, Throgmorton, Botchway. NAYS: None. ABSENT: None. Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240: 319-356-5030 ORDINANCE NO. ORDINANCE RENEWING AND CONTINUING THE FRANCHISE GRANTED TO MIDAMERICAN ENERGY COMPANY, ITS SUCCESSORS AND ASSIGNS, TO ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF IOWA CITY, AN ELECTRIC LIGHT AND POWER SYSTEM TO FURNISH, DELIVER AND SELL ELECTRIC ENERGY TO SAID CITY AND ITS INHABITANTS FOR A PERIOD OF TEN YEARS. WHEREAS, the current electric franchise with MidAmerican Energy Company ("MidAmerican") was granted by Ordinance No. 07-4294 with an effective date of December 4, 2007 and is now codified at Chapter 1, Title 12 of the City Code; and, WHEREAS, said ordinance embodies the terms of the agreement reached by the City and MidAmerican in the negotiations preceding its adoption; and, WHEREAS, the franchise has a maximum 25 year term as allowed by Iowa law but provides that if the Council does not adopt a resolution to continue the franchise "more than one, but less than two years prior to the tenth anniversary" the franchise will terminate; and, WHEREAS, while said ordinance requires a resolution of the Council to continue the franchise, Section 364.2(4)(a) of the Iowa Code requires that a city hold a public hearing prior to any renewal of a franchise and that the franchise be renewed by an ordinance, and the continuation is in essence a renewal; WHEREAS, the franchise will terminate on December 4, 2017 unless Council acts to renew it before December 4, 2016; and WHEREAS, it is in the City's best interest to renew and continue the franchise. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 12, entitled "Franchises," Chapter 1, entitled "Electricity Franchise", Section 12-1-2, entitled "Franchise Continuation; Termination" is amended by adding a new subsection 12-1-2(A) as follows: A. This franchise is renewed and continued for a period of ten years until December 4, 2027. 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 .2016. 111%-1%7. roved ATTEST: CITY CLERK 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: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 10/02/2016 Voteforpassage: AYES: Mims, Taylor, Thomas, Throgmorton, Botchway, Cole, Dickens. NAYS: None. ABSENT: None. Second Consideration 10/18/2016 Voteforpassage: AYES: Thomas, Throgmorton, Botchway, Cole, Dickens, Mims, Taylor. NAYS: None. ABSENT: None. Date published r CITY OF IOWA CITY MEMORANDUM Date: October 13, 2016 To: Geoff Fruin, City Manager From: Simon Andrew, Assistant to the City Manager Re: Electric utility rate information Please find below electric utility rate information as requested by Councilmember Cole at the October 4, 2016 City Council meeting. The rates presented are revenue per kilowatt hour sold for residential customers, in dollars. Of the largest cities in Iowa, Ames and Cedar Falls have public electric utilities. These rates are presented with those of MidAmerican Energy, with calendar year data dating back to 2009. These figures were obtained from the Iowa Utilities Board (IUB) website and were accessed on October 12, 2016. The IUB is a State of Iowa agency charged with regulating "utilities to ensure that reasonably priced, reliable, environmentally responsible, and safe utility services are available to all Iowans." Residential rates are presented as those are the most pertinent to the discussion before Council. Additional information, including commercial and industrial sales, are also contained in the IUB reports. Full reports and additional information can be found at: hftps:Hiub.iowa.gov/utility-annual-report- info. 2009 2010 2011 2012 2013 2014 2015 Cedar Falls 0.0778 0.0874 0.0912 0.0898 0.0952 0.1020 0.0963 Ames 0.1005 0.1074 0.1135 0.1136 0.1137 0.1142 0.1124 MidAmerican 0.0842 0.0837 1 0.0840 0.0883 0.0892 0.0921 0.0975 10-18-16 10 Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. ORDINANCE RENEWING AND CONTINUING THE FRANCHISE GRANTED TO MIDAMERICAN ENERGY COMPANY, ITS SUCCESSORS AND ASSIGNS, TO ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF IOWA CITY, A NATURAL GAS SYSTEM TO FURNISH, DELIVER AND SELL NATURAL GAS TO SAID CITY AND ITS INHABITANTS FOR A PERIOD OF TEN YEARS. WHEREAS, the current gas franchise with MidAmerican Energy Company ("MidAmerican") was granted by Ordinance No. 07-4293 with an effective date of December 4, 2007 and is now codified at Chapter 2, Title 12 of the City Code; and, WHEREAS, said ordinance embodies the terms of the agreement reached by the City and MidAmerican in the negotiations preceding its adoption; and, WHEREAS, the franchise has a maximum 25 year term as allowed by Iowa law but provides that if the Council does not adopt a resolution to continue the franchise "more than one, but less than two years prior to the tenth anniversary" the franchise will terminate; and, WHEREAS, while said ordinance requires a resolution of the Council to continue the franchise, Section 364.2(4)(a) of the Iowa Code requires that a city hold a public hearing prior to any renewal of a franchise and that the franchise be renewed by an ordinance, and the continuation is in essence a renewal; WHEREAS, the franchise will terminate on December 4, 2017 unless Council acts to renew it before December 4, 2016; and WHEREAS, it is in the City's best interest to renew and continue the franchise. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY. IOWA: SECTION I. AMENDMENTS. Title 12, entitled "Franchises" Chapter 2, entitled "Gas Franchise", Section 12-2-2, entitled "Franchise Continuation; Termination" is amended by adding a new subsection 12-2-2(A) as follows: A. This franchise is renewed and continued for a period of ten years until December 4, 2027 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 .2016. MAYOR ATTEST: CITY CLERK roved 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: ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 10/04/2016 Voteforpassage: AYES: Taylor, Thomas, Throgmorton, Botchway, Cole, Dickens, Mims. NAYS: None. ABSENT: None. Second Consideration 10/18/2016 Voteforpassage: AYES: Throgmorton, Botchway, Cole, Dickens, Mims, Taylor, Thomas. NAYS: None. ABSENT: None. Date published that the Prepared by: Jennifer Jordan, Recycling Coordinator, 3900 Hebl Ave., Iowa City, IA 52246 (319) 887-6160 ORDINANCE NO. CONSIDER AN ORDINANCE AMENDING TITLE 16, PUBLIC WORKS, CHAPTER 3, CITY UTILITIES, ARTICLE H, SOLID WASTE, TO REQUIRE APARTMENT BUILDINGS TO PROVIDE RECYCLING SERVICES TO TENANTS, ALLOW FOR THE CURBSIDE COLLECTION OF FOOD WASTE, PROHIBIT LANDFILLING OF TELEVISONS AND COMPUTER MONITIORS AND REQUIRE MATERIALS BEING DISPOSED OF AT THE LANDFILL TO BE SECURED WHEREAS, the City of Iowa City solid waste curbside program serves residential premises that abut a public street and contain four or fewer dwellings; and WHEREAS, the Iowa City Landfill is designated as an Environmental Management System by the Iowa Department of Natural Resources and must exhibit continuous improvement in six topic areas; and WHEREAS, the Iowa City Landfill wishes to contribute to an increase in the City's STAR score; and WHEREAS, the following changes would help meet both EMS and STAR goals; and WHEREAS, the City of Iowa City wishes to significantly reduce the amount of recyclable resources entering the Iowa City Landfill; and WHEREAS, few apartment buildings currently provide recycling services for their tenants, thereby requiring tenants to utilize recycling drop-off sites if they wish to recycle; and WHEREAS, an evaluation of curbside recycling programs revealed that convenient collection programs have the highest rate of participation and most materials collected; and WHEREAS, requiring the provision of recycling services for all multi -family dwellings, including the designation of space for recycling containers, supplying appropriate recycling containers, and contracting for such service from a private recycling company, is a key step toward meeting the City's goals to promote recycling and waste reduction; and WHEREAS, the Iowa City Landfill currently operates a composting facility where yard waste, food waste and other compostable materials are processed; and WHEREAS, the City of Iowa City currently collects yard waste from residents of Iowa City as a part of municipal solid waste collection operations; and WHEREAS, offering services for the curbside collection of food waste would divert an estimated 500 —1,000 tons of waste from the Iowa City Landfill; and WHEREAS, prohibiting the landfilling of televisions and computer monitors would reduce the long-term environmental liability at the Iowa City Landfill while also diverting an estimated 340 — 360 tons of waste from the Iowa City Landfill; and WHEREAS, litter has negative impacts on community aesthetics, water quality and environmental safety of animals and wildlife; and WHEREAS, requiring that materials being hauled to the Iowa City Landfill for disposal be secured or covered would have a positive impact on the landfill, neighboring properties and community as a whole. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION 1. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Delete 16-31-1-2 "DEFINITIONS" and replace it with the following: As used in this Article, the following definitions shall apply. APPLIANCES: Machines common to residential household use and shall include refrigerators, stoves, microwave ovens, dishwashers, clothes washers, clothes dryers, water heaters, furnaces, air conditioners, dehumidifiers, lawn mowers and any device containing a gasoline engine, an electric motor or an electric capacitor. BUILDING DEMOLITION MATERIALS: Waste material from the construction, destruction or demolition of residential, commercial or industrial buildings, except brick, foundation materials and untreated wood waste. BULKY SOLID WASTE: Nonputrescible solid waste consisting of combustible and/or noncombustible waste materials which are either too large or too heavy to be placed in a thirty five (35) gallon container and/or safely and conveniently loaded into solid waste transportation vehicles by solid waste collectors. Bulky solid waste shall also include televisions, computer monitors, tires, and appliances. COMMERCIAL SOLID WASTE: Solid waste resulting from the operation of any commercial, industrial, institutional, agricultural use, residential premises that do not abut a public street, and residential premises with more than four (4) dwellings. CORRUGATED CARDBOARD: Fiber material consisting of a fluted corrugated sheet and one or two flat linerboards, commonly used to manufacture cardboard boxes. DEMOLITION: Substantial destruction of a building or structure and a substantial removal of the interior of a building or structure. DIRECTOR: The City Manager or designee. DOWNTOWN: Any property zoned CB -10 pursuant to Title 14, "Zoning Code" of this code. DWELLING: A building wholly or partially used or intended to be used for residential occupancy. FOOD WASTE: Putrescible animal or vegetable wastes resulting from the handling, preparation, cooking, serving or consumption of food; as well as fiber -based single -use items including paper towels, uncoated paper plates; as well as biodegradable, compostable items meeting ASTM D6400 testing for ability to biodegrade and compost in a commercial compost facility. HAZARDOUS WASTES: Includes, but is not limited to, pathological wastes, explosive wastes, pesticides, pesticide containers, toxic radioactive materials and those wastes defined as hazardous in the code of Iowa and rules of the Iowa Department of Natural Resources or its successor, all as amended. LANDFILL: The Iowa City Landfill and Recycling Center located in Johnson County, Iowa. LANDFILL SERVICE AREA: Johnson County, Iowa, including both incorporated and unincorporated cities located therein, together with the cities of Riverside and Kalona, for which the City of Iowa City provides landfill services. LITTER: garbage, rubbish, trash, refuse, waste materials, or debris. OCCUPANT: Any person who, individually, jointly, or severally with others, shall be in actual possession of any dwelling or any other improved or unimproved real property. OPERATOR: Any person who occupies, possesses, uses or owns property within the Iowa City landfill service area and/or who stores or generates solid waste within the Iowa City landfill service area. OWNER: Any person with a legal or an equitable ownership interest in real or personal property. PERMIT: The official document or certificate issued by the City Clerk or designee authorizing a person to place or maintain a solid waste container in the downtown public right-of-way. PERSON: Includes an individual, entity, business, firm, corporation, association, partnership, venture or any combination thereof or any agent, representative or fiduciary thereof. PREMISES: A plot, separate tract, or parcel of land with fixed boundaries suitable for occupancy by a use described in the Iowa City Zoning Code. PROCESSING: Bailing, compacting, composting, incinerating, recycling, separating and shredding, together with all other processes whereby solid waste characteristics are either modified or solid waste quantity is reduced. PUBLIC PLACE: Any and all streets, sidewalks, boulevards, alleys or other public ways, together with any and all public parks, waterways, squares, spaces, grounds and buildings. RECYCLING: Any process by which certain solid waste is collected, separated, and processed or returned to use in the form of raw materials or products including the composting of untreated wood waste and yard waste. RECYCLING MATERIALS CONTAINER: A receptacle used by any person or operator to store recycling materials during the interval between recycling materials collections. RECYCLING MATERIALS: Solid waste designated by the City as appropriate for recycling, such as newsprint, magazines and catalogs, metal cans and plastic containers and cardboard, as set forth in the Rules and Regulations established by the Director in accordance with Section 5 herein. REFUSE: Solid waste not suitable for recycling or reuse. REFUSE, RESIDENTIAL: Refuse generated from the maintenance and operation of single-family, duplex, triplex and fourplex dwellings and home occupations operating in compliance with Title 14, 'Zoning Code". RESIDENCE: Any dwelling either intended for or being used for residential use. RESIDENTIAL RECYCLING MATERIALS, SMALL-SCALE: Recycling materials generated from residences with four or fewer dwellings units that abut a public street. RESIDENTIAL RECYCLING MATERIALS, LARGE-SCALE: Recycling materials generated from any residence that does not abut a public street or from residential premises with more than four dwellings. RESPONSIBLE PARTY: Any applicant or holder of an account for sewer, water and/or solid waste service and includes any person who pays an individual account for any one or a combination of the following services: water, sewer and solid waste collection. If more than one person is listed on an account, both persons shall be deemed a responsible party for purposes of collection, storage and disposal of solid waste and compliance with this article. SOLID WASTE: Unwanted or discarded waste materials in a solid or semisolid state, including, but not limited to, food waste, ashes, refuse, sludge, yard waste, appliances, special waste, building demolition materials generated by residential, commercial, agricultural or industrial activities. SOLID WASTE DISPOSAL: The process of discarding or getting rid of unwanted solid waste; in particular, the final disposition of solid waste. SOLID WASTE MANAGEMENT: The entire solid waste system of planning and administering storage, collection, removal, transportation, processing and disposal of solid waste. SPECIAL WASTE: Solid waste that must be handled or processed in a special manner, including building demolition materials (except untreated wood waste) and asbestos containing material (ACM), friable and nonfriable, as defined in the code of Iowa and rules of the Iowa Department of Natural Resources or its successor, all as amended. STORAGE: Keeping, maintaining or storing solid waste from the time of its production until the time of its collection and removal. TRANSPORTATION: The transporting of solid waste from the place of collection or processing to the Iowa City landfill. UNTREATED WOOD WASTE: Includes tree limbs, brush, Christmas trees, and untreated lumber. YARD WASTE: Grass, leaves, trees, brush and garden residue. B. Delete 16 -3H -4(B), the Enforcement notice requirements. C. Delete 16 -3H -5(A)(7) and replace it with the following: "Collection, transportation, processing and disposal of solid waste, including the right to determine that certain waste poses a health or safety risk and declare it unacceptable for disposal at the Landfill." D. Delete Iowa City Code of Ordinances 16-3H-7 COMMERCIAL SOLID WASTE HAULERS and renumber the subsequent sections accordingly. E. Delete Iowa City Code of Ordinances 16-31-1-8: STORAGE OF SOLID WASTE, and replace with the following: A. It shall be the obligation of any owner to provide and maintain containers for the proper storage of all refuse and residential recycling materials for each dwelling and/or premises in accordance with the Rules and Regulations established by the Director in accordance with Section 5 herein. B. It shall be the obligation of the occupant of every dwelling, or institutional, commercial, industrial, or agricultural establishment to place all refuse and recycling materials to be collected in the appropriate containers according to the provisions of this Title, to maintain said containers and surrounding areas in a reasonably clean, neat and sanitary condition at all times, and to deliver said containers to the designated collection point. C. Location of Solid Waste Containers: 1. Residential solid waste containers, including those for refuse and recycling materials, shall be stored upon private property. 2. Commercial refuse containers and large-scale residential recycling material containers shall be stored upon private property, except as allowed by subsection D below or where the owner of the container and the owner of the premises have been granted written permission from the Director, by way of written agreement, to use public property for such purposes. 3. The storage site for both all solid waste containers shall be well drained and shall be fully accessible to collection equipment, to public health personnel, and to fire inspection personnel. 4. Commercial solid waste containers shall not be placed in the area between any building and the street, including areas commonly referred to as "parking" between the curb and the private property line. In cases where a container cannot physically be located anywhere except between the building and street, the Director may approve storage in such location if properly screened. Containers located within fifty feet (50') of a street right-of-way must be screened from view from the right-of-way. 5. In the event a solid waste container becomes a nuisance, the City may require the entire container storage area to be enclosed by a fence or structure sufficient to prevent litter. D. Downtown Solid Waste Container: 1. Permit Required: No person shall place or maintain any solid waste container on the public right of way in the downtown without first obtaining a permit. 2. Permit: A permit system shall be adopted by resolution. F. That Iowa City Code of Ordinances 16-31-1-9: COLLECTION AND DISPOSAL OF SOLID WASTE be deleted and replaced with the following: A. Collection by the City of Iowa City: 1. Collection Of Residential Refuse: a. The City shall collect all residential refuse, as defined herein. The City shall make such collections once per week whenever reasonably possible. Private collection of residential refuse is prohibited. The responsible party will be billed for collection and disposal in the amount provided in the schedule of fees, title 3, chapter 4 of this code. b. The Director may exempt certain dwellings from the City's mandatory collection herein if the Director determines that the dwelling and an adjacent establishment which generates commercial solid waste is part of one complex of buildings, which together serve a unified purpose. 2. Collection Of Residential Yard Waste and Food Waste: a. Residential yard waste and food waste may be collected by the City in the same manner as residential refuse and in accordance with the provisions of subsection Al of this section. b. The City shall not collect residential yard waste not properly stored and separated in accordance with this Title. c. The City shall not collect untreated wood waste generated by commercial tree service operations. 3. Collection of Residential Recycling Materials, Small Scale: a. Residential Recycling Materials, Small Scale may be collected by the City in the same manner as residential refuse and in accordance with the provisions of subsection Al of this section. The City shall not collect such waste not properly stored and separated in accordance with this Title. 4. Collection Of Bulky Solid Waste: a. Bulky Solid Waste may only be collected by the City upon prior request made to the City, and approval of said request. The City reserves the right to refuse to collect Bulky Solid Waste that exceeds reasonable limitations of weight and bulk, as determined by the Director. 5. Certain Wastes Not Subject To Collection: a. The City will not collect Special Waste; lead acid batteries; waste oil; or any waste material designated in the Rules and Regulations established by the Director in accordance with Section 5 herein. b. The City shall not collect any commercial solid waste, excepting collection from the City's own property, nor shall the City collect any residential solid waste from any dwelling units within a structure which contain the operation of any commercial, industrial, institutional, agricultural or other establishment and which generates commercial, industrial, institutional or agricultural waste or any combination thereof or which operation generates other than residential solid waste. c. No person or operator shall obtain or attempt to obtain City collection of solid waste or other substances or materials herein declared not subject to collection. Any such separate attempt and/or action by such person shall constitute a separate offense of this provision and section 16-31-1-4 of this article. The City's costs for retrieving such substances or materials from the collection vehicle or from the City's disposal site and/or for cleaning up the collection vehicle or disposal site shall be chargeable to the person for the solid waste collection account for the residence where such substances or materials were placed for collection or where actually collected. 6. Times Of Collection And Location Of Containers: a. Containers for residential refuse, recycling, yard waste, food waste, untreated wood waste bundles, and any other solid waste permitted to be collected by the City shall be placed for collection at the curb on the street upon which the residence fronts. Placement of solid waste at the curb for collection shall occur prior to seven o'clock (7:00) A.M. on the regularly scheduled collection day but shall not occur before three o'clock (3:00) P.M. on the day before the regularly scheduled collection day. Containers shall be removed from the curb on the same day collection is made and returned to their storage location. b. Each type of waste listed above must be physically separated in order to enable the solid waste collector to easily identify differing contents, as well as differing containers. Yard waste, food waste and recycling materials containers must be clearly marked as such. B. Private Solid Waste Collection and Transport 1. Collection of Residential Recycling Materials, Large Scale: a. The owner(s) of any residence that does not front a public street or any residential premises with more than four dwellings shall provide recycling material collection, which shall be collected at least once per week by a private solid waste collector. 2. Collection of Commercial Refuse: a. Private solid waste collectors shall be responsible for the collection of commercial refuse from the point of collection to the transportation vehicles, but only if the waste was stored in compliance with section 16-31-1-8 of this article. 3. Transport: a. Any spillage or litter caused by or resulting from the collection activities of the private solid waste collector shall forthwith be retrieved by and properly disposed of by the collector. b. All loads must be fully secured, enclosed or covered, in accordance with the Rules and Regulations established by the Director in accordance with Section 5 herein, so loose materials cannot fall or be blown from the vehicle. c. Any vehicle arriving at a the Iowa City Landfill and Recycling Center with unsecured loads will be charged a fee provided in the schedule of fees, title 3, chapter 4, in addition to the regular disposal and recycling rates. 4. Storage and Maintenance of Vehicles: a. All solid waste transportation vehicles shall be maintained in a safe, clean and sanitary condition and shall be constructed, maintained and operated to prevent spillage of solid waste with watertight bodies and covers. Said covers shall either be an integral part of the vehicle with only loading hoppers exposed or shall be a separate cover of suitable material with fasteners designed to secure all sides of the cover to the vehicle. If the cover is separate, it shall be secured whenever the vehicle is transporting solid waste. No solid waste shall be transported in the loading hoppers. b. Storage of solid waste transportation vehicles is prohibited in all residential zones. C. Residential Collection Fees: The fees for the City's collection of residential solid waste shall be as provided in the schedule of fees, title 3, chapter 4 of this code. G. That Iowa City Code of Ordinances 16-31-1-10: SOLID WASTE DISPOSAL REQUIREMENTS be deleted and replaced with the following: A. Disposal Facilities: Solid waste shall be deposited at a processing facility or disposal area consistent with all requirements of local, state and federal law. B. Hazardous Or Special Waste: Disposal of hazardous or special waste defined herein or as set forth in the Rules and Regulations established by the Director in accordance with Section 5 herein, shall be disposed of in accordance with said Rules and Regulations. C. Disposal Of Waste Oil: Waste oil may be disposed by delivering same to locations approved by the Director. D. Disposal Restrictions At The Landfill: 1. Only persons or operators residing or operating within the Landfill Service Area may dispose of solid waste at the landfill, and only provided that such solid waste was generated by activities or operations occurring within the Landfill Service Area. 2. The following materials may be recycled at the Landfill: tires; yard waste; computer monitors; televisions; and appliances. The person disposing of such items shall be responsible for separating these items from other solid waste materials and shall be responsible for delivering and unloading the items at the recycling sites designated by the City. E. Improper Disposal Or Disposal Of Prohibited Or Hazardous Waste: 1. It is prohibited for any person or operator to dispose or attempt to dispose of any waste at the landfill in a manner or location other than that provided for herein, by the Director, or as directed by landfill personnel. 2. Violations of any solid waste disposal requirement shall constitute either a simple misdemeanor or a municipal infraction, and each violation shall constitute a separate offense. 3. The city's costs for retrieving such substances or materials from the landfill disposal site and/or for any costs incurred by the city for cleaning up the disposal site shall be chargeable to the responsible party. Repeated violations of this provision or of regulations adopted by the Director pursuant to subsection B of this section shall be sufficient cause for the city's revocation of the landfill disposal privileges of the responsible party. F. Disposal Fees: The fees for disposal of solid waste shall be as provided in schedule of fees, title 3, chapter 4 of this code. H. That Iowa City Code of Ordinances 16-3H-11: LITTERING be deleted and replaced with the following: A. Restricted and Prohibited Acts And Conditions: 1. Littering Generally: No person shall throw, sweep or deposit litter on or upon any public place within the city, except in public receptacles or in authorized private receptacles for collection and disposal.. 2. Operation Of Trucks Causing Litter: a. No vehicle carrying a load of materials shall be driven or moved on any state highway, county road or city street unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom, except sand or other materials may be dropped for the purpose of securing traction, and water or other substance may be sprinkled on a street or roadway in order to clean or maintain such street or roadway. b. It shall be prohibited for vehicles to deposit substantial and unreasonable quantities of mud, gravel or other materials from their wheels or track onto paved public streets or roadways. 3. Depositing Litter On Private Property: No person shall throw or deposit litter on any private property within the city, whether owned by such person or not, except the owner, operator or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the natural elements upon any street, sidewalk or other public place, or upon private property. B. Placement Of Solid Waste In Public Receptacles: Persons placing solid waste in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the natural elements upon any public place or upon private property. No person shall place residential refuse in solid waste containers owned by the City of Iowa City. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this day of MAYOR ATTEST: CITY CLERK 2016. Approved by City Attorney's Office l,JI f VjO 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 10/18/2016 Voteforpassage: AYES: Botchway, Cole, Dickens, Mims, Taylor, Thomas, Throgmorton. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published r �- � CITY OF IOWA CITY 11 MEMORANDUM Date: October 10, 2016 To: Geoff Fruin, City Manager From: Chris O'Brien, Director of Transportation and Resource Management Jen Jordan, Recycling Coordinator Re: Waste Minimization Strategy Implementation Introduction• At the June 6 City Council work session, staff outlined multiple programmatic changes within our operations that could significantly reduce the amount of resources being landfilled while additionally impacting areas within our STAR Community rating. Staff was given direction to proceed with several initiatives and has been working to draft updated code language on the first phase. These initial changes to Title 16, Article 3H of the City Code would include four of the seven proposed initiatives which are outlined in more detail below: • mandate the provision of multi -family recycling in Iowa City • provide curbside food waste collection within the existing yard waste collection process • ban computer monitors and televisions in the landfill • require all loads entering the landfill to be covered or secured to reduce litter. Multifamily recvelin2 mandate The City serves about 15,300 households (single family homes up to four -unit dwelling) with weekly curbside solid waste, recycling and yard waste collection service. Owners and managers of apartments and condominiums with five or more units are currently only required by City Code to provide trash removal services, which is generally contracted to a private waste hauler. Staff and administration from the Transportation and Resource Management Department, in coordination with Neighborhood and Development Services and the City Attorney's Office, have drafted a code amendment that requires recycling by multifamily dwellings. The proposed updates require landlords and property managers of dwellings in excess of four units to provide recycling in order to receive a rental permit. The enforcement mechanism would mirror existing solid waste requirements and would allow landlords and property managers until their next rental permit renewal to comply. Staff has met with owners and managers on multiple occasions to discuss the potential changes and to listen to concerns. Many of the concerns centered on logistics and space for an additional dumpster for recycling. Staff is aware that exceptions may be necessary for a small number of properties that cannot comply with the proposed code due to lack of space which may result in some properties being exempt from the recycling requirement. October 13, 2016 Page 2 Over the next two years, as we allow landlords and property managers to come into compliance, the proposed code change would extend recycling to over 10,000 additional households in Iowa City that are not currently offered the option of onsite recycling services. Recycling services would presumably be made available through private haulers. Haulers will also benefit with the two year phase-in period by allowing them to ramp up service levels over the next two years to accommodate the increased recycling services. Estimated annual landfill diversion: 1,700 tons Curbside collection of food waste The proposed code update includes food waste be included with the existing yard waste collection. Residents who wish to participate would be required to purchase a $25 annual yard waste sticker for use on a self -provided container with a lid; containers would have to hold no less than five gallons and no more than 35 gallons and be limited to 50 pounds, as is the case with the current yard waste collection program. As the program evolves, consideration will be given to carts similar to the current City carts for trash. The food waste and yard waste collected is then composted at the Iowa City Landfill and Recycling Center as a part of normal daily operations. As the program grows, consideration will be given to increasing the size of the composting pad located on the landfill site. Estimated annual landfill diversion: 500 to 1,000 tons per year Television and computer monitor ban at the landfill The Iowa City Landfill began recycling electronic waste in 2003. Over the years despite the fact that electronics have become smaller and lighter, tonnages have increased. Approximately 375 tons of computer monitors and televisions are landfilled each year. While this is not a large portion of what is landfilled, it is important to recycle monitors and televisions to reduce the extraction and production of materials upstream, reduce the amount of hazardous and toxic substances in the landfill and decrease future environmental liability. The proposed code update includes implementing a ban on landfilling computer monitors and televisions. Electronics that are recycled at the landfill are currently run through the scale house and then placed in the electronics waste bay for storage until being shipped out to be de - manufactured. This process would not change and while the landfill would see an increase in costs for recycling these units, the revenue from the recycling fee for each unit would cover the additional costs. Estimated annual landfill diversion: 340 to 360 tons per year. Covered or secured load requirement Blowing litter is a major issue in our community, especially on the route to the landfill and at the landfill site itself. There are many negative impacts that litter has including complying with Iowa DNR regulations, aesthetics, water quality and environmental safety for neighboring farm animals and wildlife. In addition, the landfill spends approximately $35,000 annually to clean up wind-blown litter. October 13, 2016 Page 3 While many commercial waste haulers cover their loads to reduce littering on the way to the landfill, many landfill customers do not cover their loads of trash, which contributes to the litter issue. Multiple landfills in Iowa have a covered or secured load policy that requires all vehicles to cover their loads of trash headed to the landfill or secure any bulky items that are being transported for disposal. If a vehicle arrives without a cover such as a tarp on the load of trash, there is an additional fee at the scale. This change in policy would have a positive financial impact on our financial operations as we would anticipate being able to reduce the funds we have to dedicate to litter clean-up. In addition, the reduction in litter would benefit those neighbors that live and /or work in the area. Summary The proposed code changes outlined above could collectively divert 2,600 to 3,200 tons of resources from the Iowa City Landfill annually at little cost to the City. No significant operational changes are anticipated this budget cycle. Staff is evaluating fee structures as a part of the upcoming operational budget process. Any proposed changes in fees will come back to City Council through that process. As stated earlier in the memo, these four items are the first phase in what will result in seven new program initiatives as a part of our waste minimization strategy. Staff continues to work towards additional code changes, scheduled to return to City Council later this year, which include a plastic bag ban, a cardboard ban at the landfill and a single stream recycling program. The actual code section will be distributed to you with the late handouts on Monday, October 17 once the changes are finalized by the City Attorney's Office. Late Handouts Distributed Prepared by: Jennifer Jordan, Recycling Coordinator, 3900 Hebl Ave., Iowa City, IA 52246 (319) 887-6160 to f 101 116 ORDINANCE NO. (Date) CONSIDER AN ORDINANCE AMENDING TITLE 16, PUBLIC WORKS, CHAPTER 3, CITY UTILITIES, ARTICLE H, SOLID WASTE, TO REQUIRE APARTMENT BUILDINGS TO PROVIDE RECYCLING SERVICES TO TENANTS, ALLOW FOR THE CURBSIDE COLLECTION OF FOOD WASTE, PROHIBIT LANDFILLING OF TELEVISONS AND COMPUTER MONITIORS AND REQUIRE MATERIALS BEING DISPOSED OF AT THE LANDFILL TO BE SECURED WHEREAS, the City of Iowa City solid waste curbside program serves residential premises that abut a public street and contain four or fewer dwellings; and WHEREAS, the Iowa City Landfill is designated as an Environmental Management System by the Iowa Department of Natural Resources and must exhibit continuous improvement in six topic areas; and WHEREAS, the Iowa City Landfill wishes to contribute to an increase in the City's STAR score; and WHEREAS, the following changes would help meet both EMS and STAR goals; and WHEREAS, the City of Iowa City wishes to significantly reduce the amount of recyclable resources entering the Iowa City Landfill; and WHEREAS, few apartment buildings currently provide recycling services for their tenants, thereby requiring tenants to utilize recycling drop-off sites if they wish to recycle; and WHEREAS, an evaluation of curbside recycling programs revealed that convenient collection programs have the highest rate of participation and most materials collected; and WHEREAS, requiring the provision of recycling services for all multi -family dwellings, including the designation of space for recycling containers, supplying appropriate recycling containers, and contracting for such service from a private recycling company, is a key step toward meeting the City's goals to promote recycling and waste reduction; and WHEREAS, the Iowa City Landfill currently operates a composting facility where yard waste, food waste and other compostable materials are processed; and WHEREAS, the City of Iowa City currently collects yard waste from residents of Iowa City as a part of municipal solid waste collection operations; and WHEREAS, offering services for the curbside collection of food waste would divert an estimated 500 — 1,000 tons of waste from the Iowa City Landfill; and WHEREAS, prohibiting the landfilling of televisions and computer monitors would reduce the long-term environmental liability at the Iowa City Landfill while also diverting an estimated 340 — 360 tons of waste from the Iowa City Landfill; and WHEREAS, litter has negative impacts on community aesthetics, water quality and environmental safety of animals and wildlife; and Marian Karr Late Handouts Distributed From: VICKI L DUNBAR <vickidunbar@mac.com> Sent: Tuesday, October 18, 2016 4:03 PM Af -1A To: Council Subject: Curbside Collection of Food Waste (Date) To All, I am glad to see that "Curbside Collection of Food Waste" is on the agenda and am anxiously waiting for this to happen. Having been a composter for years, I realize the incredible amount of waste that can be diverted from the landfill and instead be turned into a useful product. Since moving to an area where I don't have space to set up my own compost bin, I have continued to use the countertop composter and, when it is full, take it to a friend's house to put in their compost bin. Curbside collection will be a definite plus. Thank you for moving forward on this! Vicki Dunbar is Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 3, "FINANCES, TAXATION AND FEES", CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES", SECTION 8, "PARKING VIOLATIONS" TO ADD A DESCRIPTION TO "PARKING RAMP FEES" STATING THAT COUNCIL MEMBERS WILL RECEIVE PARKING PERMITS AT NO CHARGE AND TO CHANGE THE TITLE OF THE SECTION TO "PARKING" WHEREAS, the City has had a long-standing practice of providing parking permits to members of the City Council at no charge; and WHEREAS, said practice is appropriate given the nature of the council members' work and should be codified; and WHEREAS, Section 3-4-8 of the City Code sets forth fees for parking as well as violations , and therefore the title of the section should be changed from "Parking Violations" to "Parking". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 3, Chapter 4, Section 8, "Parking Violations", is hereby amended by: a. Adding the following to the list of fees: City council monthly all day permits, per month No charge b. Changing the title of the section from "Parking Violations" to "Parking" SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall take effect on January 1, 2004. Passed and approved this day of , 20 MAYOR ATTEST: CITY CLERK p oved 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: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 10/18/2016 Voteforpassage: AYES: Cole, Dickens, Mims, Taylor, Thomas, Throgmorton, Botchway. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published Late Handouts Distributed (o (Date) Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 3, "FINANCES, TAXATION AND FEES", CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES", SECTION 8, "PARKING VIOLATIONS" TO ADD A DESCRIPTION TO "PARKING RAMP FEES" STATING THAT COUNCIL MEMBERS WILL RECEIVE PARKING PERMITS AT NO CHARGE AND TO CHANGE THE TITLE OF THE SECTION TO "PARKING" WHEREAS, the City has had a long-standing practice of providing parking permits to members of the City Council at no charge; and WHEREAS, said practice is appropriate given the nature of the council members' work and should be codified; and WHEREAS, Section 3-4-8 of the City Code sets forth fees for parking as well as violations , and therefore the title of the section should be changed from "Parking Violations" to "Parking". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 3, Chapter 4, Section 8, "Parking Violations", is hereby amended by: a. Adding the following to the list of fees: City council monthly all day permits, per month No charge b. Changing the title of the section from "Parking Violations' to "Parking" SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall take effect on January 1, 2004. Passed and approved this day of 20 MAYOR ATTEST: CITY CLERK p oved by City Attorney's Office