HomeMy WebLinkAbout2017-01-03 Ordinance7.
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC,"
CHAPTER 4, ENTITLED "PARKING REGULATIONS," TO ESTABLISH A PILOT PROGRAM
FOR FOOD TRUCK VENDING IN THE DOWNTOWN.
WHEREAS, in 2015 the City established a food truck vending permit system to allow vendors to
operate on City streets except in certain restricted areas, which include the downtown area, residential
areas, and within 150 feet of any restaurant;
WHEREAS, food truck vendors have requested that the City allow them to vend in the downtown area
during the late evening and early morning hours; and
WHEREAS, a pilot program should be established that allows vending during the late evening and
early morning hours in the downtown; and
WHEREAS, it is in the City's best interest to establish such a pilot program.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 4, entitled "Parking Regulations," Section 16,
entitled "Food Trucks," is amended by adding the following new Subsection I:
Notwithstanding any other provision in this section, the City Manager is authorized to establish a pilot
program for food trucks to operate with a permit during the late evening and early morning hours in
the downtown zone.
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Ordinance are hereby repealed.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 2017.
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by_
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
First Consideration 01/03/2017
Voteforpassage: AYES: Mims,
Botchway, Cole, Dickens.
Second Consideration _
Vote for passage:
Date published
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
Taylor, Thomas, Throgmorton,
NAYS: None. ABSENT: None.
that the
r
�--�-.pCITY OF IOWA CITY
� P4%2 MEMORANDUM
Date:
December 28, 2016
To:
Geoff Fruin, City Manager
From:
Simon Andrew, Assistant to the City Manager
Re:
Food Truck Pilot Program
Introduction:
At the October 18 and November 1, 2016 City Council meetings, Council discussed a
proposal from the Iowa City Mobile Vending Association for a pilot project designed to
evaluate potential changes to the current food truck ordinance. Code amendments to be
evaluated include the locations and hours during which food trucks are allowed to
operate. Council directed staff to devise and implement a pilot program during the
spring of 2017 that will provide information on the impacts of amending the food truck
ordinance and an opportunity for stakeholders to offer input to Council. An ordinance
amendment which gives the City Manager authority to implement a pilot program is on
Council's January 3, 2016 agenda.
Background:
Current guidelines for food truck operations allow food truck vending from parking areas
on city streets. However, vendors are restricted from operating in the downtown zone,
residential areas, and within 150 feet of a restaurant. Vending operations must take
place within the hours of 7 a.m. and 9 p.m. The proposed pilot program would allow
food trucks to operate within the downtown zone during the hours of 10 p.m. and 3 a.m.
Locations for the pilot program are being evaluated and a recommendation will be
presented to Council prior to the third reading of the ordinance amendment. It is
expected that the pilot program would begin after the University of Iowa's 2017 spring
break.
Recommendation:
Staff recommends amending City Code to authorize the City Manager to establish a
pilot program for food trucks. Information and stakeholder feedback generated during
the pilot program will be used to evaluate potential permanent changes to the food truck
regulatory framework. Staff will report back to Council after the conclusion of the pilot.
M]
Prepared by: Ronald Knoche, Public Works Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 16, ENTITLED "PUBLIC WORKS", CHAPTER 3, "CITY
UTILITIES", ARTICLE D, "WASTEWATER TREATMENT WORKS USERS", TO ESTABLISH
UPDATED INFLUENT LIMITATIONS AND TO ESTABLISH MAINTENANCE
RESPONSIBILITIES.
WHEREAS, the City has expanded the South Wastewater Treatment Plant, which is now the
Wastewater Treatment Plant; and
WHEREAS, the City has taken the North Wastewater Treatment Plant off line and demolished
the facilities to allow for the Riverfront Crossings Park development; and
WHEREAS, the City needs to establish influent limitations for the Wastewater Treatment Plant
and update the references to the North and South Plant; and
WHEREAS, the Iowa Department of Natural Resources has approved the City's amendments
after providing a 45 day comment period and receiving no response; and
WHEREAS, the City desires to amend the Wastewater Treatment Works Users and
Wastewater Treatment Works Indirect Discharge articles of the City Code.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT. Title 16, Chapter 3, Article D, Section 6 entitled "Building Sewers
and Connections", is amended by adding the following:
F. Maintenance of Building Sewers and Connection: All building sewers and connections
shall be maintained at the expense of the owner of the property. Any failure or defect of the
service line on the owner's property prior to making connection and the connection to the
City sewer main including surface restoration, shall be promptly repaired by the owner. If not
promptly repaired after written notice to the owner, the City may perform the repairs and
assess the cost to the owner.
SECTION II. AMENDMENT. Title 16, Chapter 3, Article D, Section 9 entitled "Discharge of
Materials Upon Approval of Director', Subsection A(5) is amended by deleting the subsection and
replacing it with the following:
5. Any waters or wastes containing objectionable or toxic substances or wastes exerting an
excessive chlorine requirement to such degree that any such material received in the
composite wastewater at the wastewater treatment works exceeds the limits established in
subsection 16-3E-4132 of this title for such materials.
SECTION III. AMENDMENT. Title 16, Chapter 3, Article D, Section 9 entitled "Discharge of
Materials Upon Approval of Director', Subsection A(6) is amended by deleting the subsection and
replacing it with the following:
6. Any waters or wastes containing phenols or other taste or odor producing substances in
concentrations exceeding limits established in subsection 16-3E-4132 of this title or which,
Ordinance No.
Page 2
after treatment of the composite wastewater, fail to meet the requirements of state, federal
or other public agencies having jurisdiction for such discharge to the receiving waters.
SECTION IV. AMENDMENT. Title 16, Chapter 3, Article E, Section 2, entitled "Definitions", is
amended by deleting the definition of "Standard Industrial Classification (SIC)" and replacing it
with the following:
STANDARD INDUSTRIAL CLASSIFICATION (SIC): A classification pursuant to the "North
American Industrial Classification System", Office of Management and Budget, 2012, as
amended.
SECTION V. AMENDMENT. Title 16, Chapter 3, Article E, Section 4, entitled "Pretreatment
Standards", Subsection B is amended by deleting the subsection and replacing it with the
following:
B. Specific Standards:
1. An industrial user may not contribute to the POTW any substance which may cause pass
through of any substance or any other product, such as residues, sludge's or scums, which
may cause the POTW effluent to be unsuitable for reclamation and reuse or to interfere with
the reclamation process. In no case shall a substance discharged to the POTW cause the
POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations
developed under section 405 of the act, as amended, with any criteria, guidelines or
regulations affecting sludge use or disposal developed pursuant to the solid waste disposal
act, the clean air act, the toxic substances control act, all as amended, or with state criteria
applicable to the sludge management method being used.
2. No industrial user shall discharge wastewater causing the following limitations to be
exceeded at the POTW- treatment plant influent when measured in a twenty four (24) hour
composite sample:
Pollutant
Pounds Per Day
TKN
6,311.0
Cadmium
0.331
CBOD 132,658.0
Chromium
7.65
Copper
16.95
Cyanide
3.229
Lead
5.62
Mercury 0.07236
Molybdenum
8.63
Nickel 13.4
pH 6.0 to 9.5
Phenols 96.59
Selenium
Silver
Ordinance No.
Page 3
Toluene 96.59 i
TSS
34,386.0
Zinc
91.88
3. If the potable water supply exceeds the established pollutant limitations of subsection B2
of this section, industrial user discharge limitations shall be based on POTW performance
and sludge disposal criteria.
4. No individual user shall discharge wastewater having a pH lower than 5.0 or greater than
12.0 or having any other corrosive property capable of causing damage or hazard to POTW
structures, equipment or personnel.
a. Where a permittee continuously measures the pH of wastewater pursuant to a permit
requirement, the permittee shall maintain the pH of such wastewater within the range set
forth in the applicable permit, except excursions from the listed range are allowed subject to
the following limitations:
(1) The total time during which the pH values are outside the required range of pH values
shall not exceed seven (7) hours and twenty six (26) minutes in any calendar month; and
(2) No individual excursion from the range of pH values shall exceed sixty (60) minutes.
b. The director may adjust the requirements set forth in subsection 134a of this section with
respect to the length of individual excursions from the range of pH values if a different period
of time is appropriate, based upon the treatment system, the plant configuration or other
technical factors.
c. For purposes of this subsection B4, an "excursion" is an unintentional and temporary
incident in which the pH value of discharge wastewater exceeds the range set forth in the
applicable effluent limitations guidelines.
5. No industrial user shall discharge any wastewater causing the POTW treatment plant
influent wastewater temperature to exceed forty degrees Celsius (40°C) or one hundred four
degrees Fahrenheit (1040F).
6. No industrial user shall discharge substances which create a fire or explosive hazard in
the POTW, including, but not limited to, waste streams with a flashpoint of less than sixty
degrees Celsius (60°C) or one hundred forty degrees Fahrenheit (140°F) using the test
methods specified in 40 CFR 261.21, as amended.
7. An industrial user shall notify, in writing, the POTW, the state and EPA of any discharge
into the POTW of a substance which, if otherwise disposed of, would be considered
hazardous waste.
SECTION VI. AMENDMENT. Title 16, Chapter 3, Article E, Section 6, entitled "Application By
Specific Industrial Users For Acceptance of Discharge and Connection", Subsection B(2) is
amended by deleting the subsection and replacing it with the following:
2. SIC number according to the "Standard Industrial Classification Manual", a classification
pursuant to the "North American Industrial Classification System", Office of Management
and Budget, 2012, as amended.
SECTION VII. AMENDMENT. Title 16, Chapter 3, Article E, Section 6, entitled "Application By
Specific Industrial Users For Acceptance of Discharge and Connection", Subsection B is
amended by adding the following:
11. All SIU's shall notify the POTW immediately of changes that occur at the facility affecting
the potential for a slug discharge, thereby allowing the POTW to reevaluate the need for a
slug control plan or actions to prevent such discharges.
Ordinance No.
Page 4
SECTION VIII. AMENDMENT. Title 16, Chapter 3, Article E, Section 6, entitled "Application
By Specific Industrial Users For Acceptance of Discharge and Connection", Subsection G(g) is
amended by deleting the subsection and replacing it with the following:
9. Times And Location: Time and location limitations for disposal/contribution of holding tank
waste to POTW will be: seven o'clock (7:00) A.M. to three o'clock (3:00) P.M. Monday
through Friday at the POTW treatment plant by appointment only.
SECTION IX. AMENDMENT. Title 16, Chapter 3, Article E, Section 7, entitled "Standards
Declared; Information and Reports Required", Subsection A is amended by deleting the
subsection and replacing it with the following:
A. Within one hundred eighty (180) calendar days after the promulgation of an applicable
national categorical pretreatment standard, industrial users subject to national categorical
pretreatment standards shall submit to the director the information required by subsections
16 -3E -6B1 through 16 -3E -6B11 of this article, together with a list of all environmental control
permits held by the industrial user's facility.
SECTION X. AMENDMENT. Title 16, Chapter 3, Article E, Section 10, entitled "Accidental
Discharges", is hereby amended by adding the following Subsection:
C. Each industrial user shall notify the POTW immediately of changes that occur at the
facility affecting the potential for a slug discharge, thereby allowing the POTW to reevaluate
the need for a slug control plan or actions to prevent such discharges.
SECTION XI. AMENDMENT. Title 16, Chapter 3, Article E, Section 11, entitled "Upset
Provision", Subsection C(2) is amended by deleting the subsection and replacing it with the
following:
2. The facility was, at the time, being operated in a prudent and professional manner and in
compliance with applicable operation and maintenance procedures.
SECTION XII. REPEALER. All ordinances and parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
SECTION XIII. 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 XIV. EFFECTIVE DATE. This Ordinance shall be in effect upon publication.
Passed and approved this day of
MAYOR
2017.
Ordinance No.
Page 5
Approved by
ATTEST: la d
CITY CLERK City Attorney's Office
It was moved by and seconded by that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
First Consideration 01/03/2017
Voteforpassage: AYES: Taylor, Thomas, Throgmorton, Botchway,
Cole, Dickens, Mims. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
CITY OF IOWA CITY s
MEMORANDUM
DATE: December 29, 2016
TO: Geoff Fruin, City Manager
FROM: Ron Knoche, Public Works Director
RE: Ordinance amending Title 16, entitled "Public Works", Chapter 3, "City
Utilities, Article D, "Wastewater Treatment Works Users"
Introduction:
The City Code currently references the South Wastewater Treatment Plant and the North
Wastewater Treatment Plant. Updates to the Code are necessary to reflect the elimination and
demolition of the North Wastewater Treatment Plant and establish new influent limitations.
City Code currently does not specify the maintenance responsibilities of building sewers and
connections.
History/Background:
The North Wastewater Treatment Plant was in operation until 2014. In 2014, the expansion of
the South Wastewater Treatment Plant was completed which allowed for the elimination and
demolition of the North Wastewater Treatment Plant. In addition, with the consolidation of the
Wastewater Treatment Plants, it is necessary to establish new limitations on the composition of
the influent to the Treatment Plant. These new limitations have been approved by the Iowa
Department of Natural Resources after providing for a 45 day comment period and receiving no
comments.
It is the policy of the City's that maintenance of building sewers and connections is the
responsibility of the owner of the property. Maintenance of building waterlines and connections
are stipulated within City Code, and it is in the City's interest to also stipulate maintenance of
building sewers and connections within City Code.
Discussion of Solution:
An ordinance has been drafted to eliminate references to the South Plant and North Plant and
replace them with Treatment Plant and establishes the limitation on the composition of the
influent to the Treatment Plant and maintenances responsibilities of building sewers and
connections.
Financial Impact:
None.
Recommendation:
Staff recommends approval of the Ordinance updating the City Code.
a
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-3565030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 16, ENTITLED "PUBLIC WORKS," CHAPTER 3, ENTITLED "CITY
UTILTIES," ARTICLE H, ENTITLED "SOLID WASTE," BY DEFINING "DOWNTOWN" IN THE PERMIT
SYSTEM ADOPTED BY RESOLUTION AND AUTHORIZING ADMINISTRATIVE RULES.
WHEREAS, Section16-314-81F of the City Code provides that no person may place a solid waste
container in a public alley in the "downtown" without a permit, and downtown is defined as the CB -10 zone;
WHEREAS, the plan to permit only one hauler to have solid waste containers in the public alleys
includes the alleys in the CB -10 zone as well as the northside;
WHEREAS, the City Manager should be authorized to establish administrative rules that provide
additional detail in writing regarding the operation of the permit system; and
WHEREAS, it is in the best interest of the City to expand the alleys where a permit is required and to
allow for administrative rules.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
1. Title 16, entitled "Public Works," Chapter 3, entitled "City Utilities," Article H, entitled "Solid Waste,"
Section 2, entitled "Definitions," is hereby amended by deleting the definition of "downtown."
2. Title 16, entitled "Public Works," Chapter 3, entitled "City Utilities," Article H, entitled "Solid Waste,"
Subsection 8F is amended by adding the following to Paragraph 1:
Downtown means the area in central Iowa City as defined in the resolution adopting the solid waste
container permit system.
3. Title 16, entitled "Public Works," Chapter 3, entitled "City Utilities," Article H, entitled "Solid Waste,"
Subsection 8F is amended by deleting Paragraph 2 in its entirety and substituting in lieu thereof the following
new Paragraph 2:
The City Manager or designee is authorized to establish administrative rules not inconsistent with any
ordinance to carry out the provisions of this subsection. A copy of said rules shall be on file with the
City Clerk and available on the City's website.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION 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
Approved by
GitzkcD to -at -t,
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 01/03/2017
Voteforpassage: AYES: Thomas, Throgmorton, Botchway, Cole,
Dickens, Mims, Taylor. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
that the
r
r--�p°L CITY OF IOWA CITY s
''.�E MEMORANDUM
Date: December 28, 2016
To: Geoff Fruin, City Manager
From: Chris O'Brien, Director of Transportation & Resource Management
Re: Agenda item for January 3, 2017 City Council Meeting
Introduction: At the January 3, 2017 City Council Meeting, consideration will be given
to first reading of an ordinance amending Title 16, Chapter 3, Article H of the City Code by
defining "downtown" as it relates to Solid Waste as well as authorizing administrative rules
governing the permitting system for Solid Waste.
History/background: Currently, City Code provides that solid waste containers cannot
be placed in a public alley in the "downtown" without a permit. "Downtown" is currently defined
as the CB -10 zone and allows for the City to regulate solid waste containers that are used for
the collection of solid waste and recycling materials. In July of 2015, the Iowa City Downtown
District (TCDD) sent a letter to the City Council requesting assistance in improving the
mechanism in which solid waste, recycling materials and composting services were being
offered. Staff met with representatives of the ICDD to discuss options and develop the
framework for implementing changes into how waste and recycling materials services were
delivered. The desired result would be a system in which additional services were offered,
including consolidated waste dumpsters, grease dumpsters, expanded recycling services and
implementation of composting services. This is a first step in addressing the current state of our
alleys, allowing for future enhanced maintenance, improved general appearance and potentially
expanded uses of alleys. After meeting with the TCDD, City staff held a meeting with the current
hauling companies that service the alleys to discuss the changes being discussed and offer an
opportunity for feedback. Following these discussions, staff made changes to the current solid
waste container permitting process in April 2016. This was followed by the release of a Request
for Proposal (RFP) in late May of 2016 for hauling services for solid waste, recycling materials,
grease and composting services for public alleys in the downtown and northside areas.
"
Discussion of Solution: Thisproposed ordinance amendment allows for the expansion of
the permit process for solid waste containers in the downtown to include the public alleys in the
northside area. It deletes the current definition of downtown in the Solid Waste section of City
Code and provides that it should be defined in the permit system adopted by resolution. The
proposed northside area is bordered by Gilbert Street to the east, Bloomington Street to the
north, Dubuque Street to the west and Jefferson Street to the south. The ordinance also
authorizes the City Manager to establish administrative rules. Should this ordinance
amendment pass the first two considerations, a resolution adopting a new permit system will be
on the same agenda as the third reading. In addition, we would also hope to be able to make
an award for the RFP that addresses hauling services in the public alleys at the same Council
meeting as the third reading of this ordinance.
Conclusion: Staff recommends approval of the amendments so that we may continue
the process of addressing the public alleys in the downtown and northside areas. We also feel
that addressing these issues with hauling services in the public alleys falls inline with efforts
brought to you in our waste minimization plan earlier this year by offering expanded recycling
services and implementing composting services.
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS,"
CHAPTER 3, ENTITLED "TRANSPORTATION NETWORK COMPANIES," TO REPEAL
ORDINANCE NO. 16-4663 REGARDING CITY LICENSING OF TRANSPORTATION NETWORK
COMPANIES.
WHEREAS, the City Council passed Ordinance No. 16-4663 on April 19, 2016 to allow
"Transportation Network Companies" (i.e., ride sharing businesses such as uber) to operate;
WHEREAS, the Governor signed HF 2414 on May 9, 2016 (codified at Chapter 321N of the Iowa
Code) which preempts cities from regulating "Transportation Network Companies" after January 1, 2017
and voids all local ordinances as of that date; and
WHEREAS, it is in the public interest to repeal Ordinance No. 16-4663 which is codified at Title 5,
Chapter 3 of the City Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 5, entitled 'Business and License Regulations," Chapter 3, 'Transportation Network
Companies," is repealed in its entirety.
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 2017.
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by_
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
First Consideration _
Vote for passage:
Mims, Taylor,
Second Consideration _
Vote for passage:
Date published
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
01/03/2017
AYES: Throgmorton, Botchway, Cole, Dickens,
Thomas. NAYS: None. ABSENT: None.
that the