HomeMy WebLinkAbout2016-10-18 OrdinanceMmTS ir�
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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
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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