HomeMy WebLinkAbout2017-01-17 Ordinance"Trmrm
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Prepared by: Bob Mildo, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ16-00007)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING 3.48 ACRES OF PROPERTY
LOCATED AT THE SOUTHEAST CORNER OF CAMP CARDINAL ROAD AND
GATHERING PLACE LANE FROM PLANNED DEVELOPMENT OVERLAY (OPD -5)
ZONE TO LOW DENSITY MULTI -FAMILY RESIDENTIAL (RM -12) ZONE.
(REZ16-00007)
WHEREAS, the applicant, TSB Investments, has requested a rezoning of 3.48 acres of property located
at the southeast comer of Camp Cardinal Road and Gathering Place Lane from Planned Development
Overlay (OPD -5) Zone to Low Density Multi -Family Residential (RM -12) Zone; and
WHEREAS, a Comprehensive Plan Amendment was recently passed to change the designation of the
property from 2 to 8 dwelling units per acre to 8 to 16 dwelling units per acre; and
WHEREAS, Camp Cardinal Boulevard is an arterial street and Camp Cardinal Road is a collector street;
and
WHEREAS, the Iowa City Comprehensive Plan indicates that property at the intersection of a collector
and an arterial street is suitable for alternatives to single family residential; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and
determined that it complies with the Comprehensive Plan provided that it meets conditions addressing design
review and general compliance with the submitted concept; and
WHEREAS, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable
conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public
needs caused by the requested change; and
WHEREAS, the owner and applicant have agreed that the property shall be developed in accordance
with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate
development in this area of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated
herein, property described below is hereby reclassified from its current zoning designation of Planned
Development Overlay (OPD -5) to Low Density Multi -Family Residential (RM -12):
LOT 2, ST. ANDREW PRESBYTERIAN CHURCH - PART ONE,
IOWA CITY, IOWA, AS SHOWN ON THE PLAT THEREOF
RECORDED IN BOOK 60, PAGE 138 IN THE OFFICE OF THE
JOHNSON COUNTY, IOWA RECORDER.
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
Ordinance No.
Page 2
SECTION III. CONDITIONAL ZONING AGREEMENT The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of .20—.
MAYOR
ATTEST:
CITY CLERK
Apyroved by
City Attorney's Office fA/ /�
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 01/17/2017
Vote for passage: AYES: Mims, Taylor, Thomas, Throgmorton,
Botchway, Cole, Dickens. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
thatthe
Prepared by: Marti Wolf, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ16-00007)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal
corporation (hereinafter "City"), and St. Andrew Presbyterian Church (hereinafter "Owner").
WHEREAS, Owner is the legal title holder of approximately 3.48 acres of property
located at the southeast corner of Camp Cardinal Road and Gathering Place Lane; and
WHEREAS, the Applicant has requested the rezoning of said property from Low Density
Single Family Residential Planned Development Overlay (OPD -5) to Low Density Multifamily
Residential (RM -12); and
WHEREAS, a Comprehensive Plan Amendment was recently passed to change the
designation of the property from 2 to 8 dwelling units per acre to 8 to 16 dwelling units per acre;
and
WHEREAS, the Planning and Zoning Commission has determined the presence of
steep slopes and woodlands in the area and the significant increase in planned residential
density, require careful attention to building and site design to assure that the development is
compatible with its setting, has usable outdoor space, has adequate provision for pedestrian
access, and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding building and site design, and payment of Neighborhood Open Space fees,
the requested zoning is consistent with the Comprehensive Plan; and
WHEREAS, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose
reasonable conditions on granting a rezoning request, over and above existing regulations, in
order to satisfy public needs caused by the requested change; and
WHEREAS, the Owner acknowledges that certain conditions and restrictions are
reasonable to ensure the development of the property is consistent with the Comprehensive
Plan and the need for Neighborhood Open Space and appropriate multifamily building design;
and
WHEREAS, the Owner agrees to develop this property in accordance with the terms and
conditions of a Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
parties agree as follows:
St. Andrew Presbyterian Church is the legal title holder of the property legally
described as LOT 2 OF THE ST. ANDREW PRESBYTERIAN CHURCH —
PART ONE, AS RECORDED IN BOOK 60, PAGE 138 IN THE OFFICE OF
THE JOHNSON COUNTY, IOWA RECORDER.
1. The Owner acknowledges that the City wishes to ensure conformance to the principles
of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5
(2017) provides that the City of Iowa City may impose reasonable conditions on granting
ppdadMagt1=st andrm(3).doc
a rezoning request, over and above the existing regulations, in order to satisfy public
needs caused by the requested change.
2. In consideration of the City's rezoning the subject property, Owner agrees that
development of the subject property will conform to all other requirements of the zoning
chapter, as well as the following conditions:
a. General compliance with regard to building and parking placement shown on the site
plan attached hereto.
b. Payment of Neighborhood Open Space fees based on RM -12 density equivalent to the
value of 7,124 square feet of property prior to issuance of a building permit.
c. Approval of exterior building designs by the Design Review Committee to ensure
consistency with Comprehensive Plan policies regarding compatibility with the
character of the surrounding neighborhood with attention to the use of building
materials to help minimize the large scale of the buildings and emphasis on the
building entrances, will be required prior to approval of a building permit.
d. Provision of usable outdoor space including features such as an outdoor dining area
and lawn for informal recreational use.
3. The Owner and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code §414.5 (2017), and that said
conditions satisfy public needs that are caused by the requested zoning change.
4. The Owner and City acknowledge that in the event the subject property is transferred,
sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this
Conditional Zoning Agreement.
5. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be
a covenant running with the land and with title to the land, and shall remain in full force
and effect as a covenant with title to the land, unless or until released of record by the
City of Iowa City.
The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
6. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owner from complying with all other applicable local, state, and
federal regulations.
7. The parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, and that upon adoption and
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Applicant's expense.
Dated this 1,J day of 201.7
CITY OF IOWA CITY ST. ANDREW PRESBYTERIAN CHURCH
Jim Throgmorton, Mayor
ppdadMagtty st and (3).doc
Attest:
City Clerk
Approved by:
., jw�2
City Attorney's Office ( 17 IP'7
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
0
This instrument was acknowledged before me on , 20_ by Jim
Throgmorton and Julie Voparil as Mayor and Deputy City Clerk, respectively, of the City of Iowa
City.
Notary Public in and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
ST. ANDREW PRESBYTERIAN CHURCH ACKNOWLEDGMENT:
State of✓
County vlvs$�
This r or was 4cknowl dge before me on J— / '5-1-7 (Date)
[ted (Name(s) of individual(s) as
type of authority, such as officer or trustee) of
name of party on behalf of whom record
was executed).
�l'7t� ,
-- -- — Notary
--
ppdadMagd= sl andrew (3).dm
Public in and for the"a of Iowa
(Stamp or Seal)
Title (and Rank) II
My commission expires:
REZONING EXHIBIT
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Prepared by: Marti Wolf, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
(VAC15-00007)
ORDINANCE NO.
ORDINANCE VACATING ALLEY RIGHT-OF-WAY BETWEEN 332 ELLIS AND 320 ELLIS
AVENUE (VAC16-00002)
WHEREAS, the applicant, Ellis Avenue, LLC, has requested that the City vacate and convey to the
applicant the portion of the alley right-of-way running east -west between 332 Ellis Avenue and 320 Ellis
Avenue;and
WHERAS, the vacation is being requested to allow the applicant to acquire the right-of-way for the
abutting property at 332 Ellis Avenue; and
WHEREAS, this alley right-of-way is utilized for access and circulation by nearby residents; and
WHEREAS, a suitable public access easement will be established in lieu of the right-of-way; and
WHEREAS, the driveway will be improved according to plans approved by the City Engineer; and
W HERAS, public water and sanitary sewer utilities exist on this portion of the right-of-way; and
WHEREAS, a utility easement will be required over the vacated alley; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed vacation of the
alley right-of-way between Ellis Avenue and Ridgeland Avenue and has recommended approval of the
application subject to a public access easement, paving of the driveway, and necessary utility easements.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I VACATION. The City of Iowa City hereby vacates that portion of public right-of-way
described as follows subject to a public access easement and a public utility easement:
THAT 20 FOOT ALLEY ADJACENT TO LOTS 25, 26, 27 AND 26, BLOCK 4 OF MANVILLE
HEIGHTS ADDITION TO IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 2, PAGE 4, IN THE OFFICE OF THE JOHNSON COUNTY, IOWA
RECORDER.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of 20_.
Approved b
ATTEST: GCS 6( 441 -
CITY CLERK City Attorney's Office 111011-7
w17
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
that the
First Consideration 01/17/2017
Voteforpassage: AYES: Taylor, Thomas, Throgmorton, Botchway,
Cole, Dickens, Mims. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
01-17-17
10
Prepared by: Susan Dulek, Ass%. City Attorney, 410 E, Washington Street, Iowa City, IA 52240; 319356.5030
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 1:
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
Vote for passage: AYES: Mims,
Botchway, Cole, Dickens.
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
Taylor, Thomas, Throgmorton,
NAYS: None. ABSENT: None.
that the
Second Consideration 01/17/2017
Voteforpassage: AYES: Cole, Dickens, Mims, Taylor,
Thomas, Throgmorton, Botchway. NAYS: None. ABSENT: None.
Date published
/o.
Julie Voparil
From:
krsieck@gmail.com on behalf of Kyle Sieck <chefkyle@localburrito.com>
Sent:
Wednesday, January 04, 2017 6:33 PM
To:
Council
Subject:
Food Trucks
Council,
Thank you for unanimously supporting the first reading of the food truck pilot policy yesterday. We look forward to
ironing out locations, times and metrics for success by the third reading. As always, we will do our best to gather
feedback form downtown businesses and associations.
Best,
Kyle Sieck
Local Burrito and Iowa City Mobile Vending Association
Kyle Sieck
Owner, Local Burrito Catering
www.localburrito.com
563-241-2857
lo
From: Jammie Goedken <jjgoedken@hotmail.com>
Sent: Tuesday, January 17, 2017 11:41 AM
To: Council
Subject: iowa city food trucks (Date)
As a downtown small business owner I think careful consideration should be given to the matter of allowing food
trucks to operate in close proximity to brick and mortar business that serve food and beverages, namely restaurants
and coffee houses.
It appears to be a question of "fairness" to the businesses that pay municipal taxes and adhere to the city health
codes and all their requirements.
I feel they may have a niche within the realm of some large corporations, factories or plants, that would utilize
them in a manner of adding options due to limited access from a location standpoint, to dining possibilities.
Iowa City has a unique amount of downtown festivals and gatherings that well serve the food truck vendors. So I
feel we need at some point to encourage and support the business owner that is dedicated everyday of the year to
making Iowa City a special place to own, operate and thrive, as a downtown small business.
Thank you for your consideration in this matter.
Sincerely,
Jammie Goedken
TSpoons Coffee Cafe
11
Prepared by: Ronald Knoche, Public Works Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138
ORDINANCE NO. 17-4687
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 -4B2 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. 17-4687
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
lPounds Per Dav
TKN
6,311.0
Cadmium
0.331
CBOD
32,658.0
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
1.93
Silver
1.32
Ordinance No. 17-4687
Page 3
Toluene 96.59
TSS 134,386.0
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 B4a 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 (104"F).
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 SI U'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. 17-4687
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(9) 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 17th day of January '2017.
MRYUK
Ordinance No. 17-4687
Page 5
Approved by
ATTEST:
CI CLE
It was moved by Mims
Ordinance as read be adopted, and upon
AYES:
NAYS:
City Attorney's Office
_ and seconded by Botchway that the
call there were:
ABSENT:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
First Consideration 01/03/2017
Vote for passage: AYES: Taylor, Thomas, Throgmorton, Botchway,
Cole, Dickens, Mims. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
+011117
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 crdinance be voted upon for final passage at this time.
AYES: Dickens, Mims, Taylor, Thbmas, Throgmorton, Botchway, Cole.
NAYS: None. ABSENT: None.
mTrrrm-
12
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO. 17-4688
ORDINANCE AMENDING TITLE 5, ENTITLED `BUSINESS AND LICENSE REGULATIONS,'-
CHAPTER
EGULATIONS;-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. 164663 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 1. 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 17 th day of January 2017.
MAIYOR
ATTEST:
C L RK
Approved by
City Attorney's Office
Ordinance No. 17-4688
Page 2
It was moved by Mims and seconded by Botchway that the
Ordinance as read be adopted, and upon roll call there were:
AYES:
Ilk
First Consideration _
Vote for passage:
Mims, Taylor,
Second Consideration _
Vote for passage:
Date published
ABSENT: ABSTAIN:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
01/03/2017
AYES: Throgmorton, Botchway, Cole, Dickens,
Thomas. NAYS: None. ABSENT: None.
2017
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: Taylor, Thomas, Throgmorton, Botchway, Cole,
Dickens, Mims. NAYS: None. ABSENT: None.
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 3193565030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER
5, ENTITLED "MISCELLANEOUS OFFENSES," BY DELETING SECTION 2,
ENTITLED "AGGRESSIVE PANHANDLING," AND PROHIBITING SOLICITATION
REQUESTS TO PERSONS WITHIN A SIDEWALK CAFE WITHOUT THE CAFE'S
PERMSISSION.
WHEREFORE, Section 8-5-2 of the City Code prohibits "solicitation" (aka, panhandling) in certain
manners and in certain places in the downtown;
WHEREFORE, since the Supreme Court's 2015 decision in Reed v. Town of Gilbert, lower courts
addressing solicitation/panhandling throughout the United States have consistently found those
ordinances to violate the First Amendment;
WHEREFORE, in accordance with the City's Attorney's memo to Council of December 8, 2016,
Section 8-5-2 should be repealed;
WHEREFORE, the Iowa City Police Department has received complaints regarding solicitation that
occurs at sidewalk cafes;
WHEREFORE, persons dining at sidewalk cafes are captive audiences;
WHEREFORE, by agreement with the City, the sidewalk cafes are under the control of the cafe
business;
WHEREFORE, requests and/or solicitation for the exchange or transfer of money or anything else to
persons in a sidewalk caf6 without the cafe's permission should be prohibited; and
WHEREAS, it is in the best interest of the City to adopt this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 8, entitled "Police Regulations," Chapter 5, entitled "Miscellaneous Offenses," Section 1,
entitled "Disorderly Conduct," is amended by adding the following new Subsection A9:
No person shall request or solicit an exchange or transfer of anything from any person inside a
sidewalk cafe without permission of an employee of the business operating the cafe. No person
shall be cited under this subsection unless the person engages in such prohibited conduct after
having been notified by a peace officer that the conduct violates the City ordinance. Any violation of
this subsection shall be considered a simple misdemeanor punishable by a fine of $65.00.
2. Title 8, entitled "Police Regulations," Chapter 5, entitled "Miscellaneous Offenses," Section 2,
entitled "Aggressive Solicitation," is repealed in its entirety.
3. Title 8, entitled "Police Regulations," Chapter 5, entitled "Miscellaneous Offenses," Sections 10C
and 14A are amended by deleting the phrase "as illustrated on the map in section 8-5-2" in the definition
of "downtown" and substituting in lieu thereof "as illustrated on the map at the end of this chapter." The
attached map of the "downtown" should be added by the codifier to the end of Chapter 5, Title 8.
SECTION II. VIOLATION. Any violation of this ordinance shall be considered a simple misdemeanor
punishable by a fine of $65.00.
SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION V. 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
13
Approved by: &?(
City Attorney's Office J_ 1-2-117
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
that the
First Consideration 01/17/2017
Vote for passage: AYES: Throgmorton, Botchway, Cole,
Dickens, Mims, Taylor, Thomas. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
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Deferred to 02/07/2017 14
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 8, ENTITLED "BICYCLES," SECTION 6, ENTITLED "PARKING VIOLATIONS,"
SUBSECTION B, ENTITLED "OWNER PRIMA FACIE RESPONSIBLE FOR PARKING
VIOLATIONS" TO ALLOW THE CITY TO DONATE ABANDONED BICYCLES TO LOW
INCOME YOUTH.
WHEREAS, currently the City must sell impounded bicycles at a public auction or donate to nonprofit
organizations that serve low income and disadvantaged youth and families; and
WHEREAS, it is in the best interest of the City to have an additional option to allow City staff to donate
said impounded bicycles directly to low income youth and homeless individuals.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
Title 9, entitled "Motor Vehicles and Traffic," Chapter 8, entitled "Bicycles," Section 6, entitled "Parking
Violations," Subsection B, entitled "Owner Prima Facie Responsible for Parking Violations," Paragraph 2 is
hereby repealed in its entirety and a new Paragraph 2 is added which reads as follows:
In the event the City is unable to ascertain the owner, or the owner does not claim the bicycle
within three (3) calendar months from the date of impoundment, the City shall, except as noted
below, cause such bicycle to be sold at a public auction. Notice of such disposition shall be
published pursuant to state law governing abandoned vehicles. In lieu of selling said bicycle at
public auction, the City may donate it to: a) a non-profit organization or entity which serves low
income/disadvantaged youth or families in Johnson County, Iowa, for use by members of the
population served; b) a low income/disadvantaged youth; or c) a homeless individual who has no
other means of transportation.
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.
Approved by
MAYOR
City Attorney's Office
ATTEST:
CITY CLERK
-I°tip CITY OF IOWA CITY
®�C
CITY OF IOWAACITY MEMORANDUM
UNESCO CITY OF LITERATURE
Date: January 8, 2017
To: Geoff Fruin, City Manager
From: Bill Campbell, Acting Chief of Police
Re: Abandoned Bicycles / Ordinance Amendment
Introduction:
The Iowa City Police Department (ICPD) is regularly called upon to impound bicycles. Some of the
bicycles are abandoned on private property while others are left for an extended period of time in
bicycle racks on public property. The ICPD removes the bicycles and transports them to a storage
area. Approximately two hundred (200) bicycles, or more, are impounded by the ICPD on an annual
basis. Several times a year the ICPD publishes a notice in the Press Citizen to notify citizens of the
bicycles impounded and their upcoming disposal. Ninety (90) days after publication, City code allows
for the bicycles to be disposed of by public auction or by donation to a non-profit organization or
entity.
With the proposed amendment, City staff will have the ability, as needed, to retain some or all of the
impounded bicycles in the City's possession. These bicycles will be used to support community
outreach activities with low income/disadvantaged youth and people experiencing homelessness.
The remaining bicycles will continue to be donated to the Iowa City Bike Library (ICBL). The ICBL
staff is aware of this ordinance amendment and fully supports it as it furthers their goal of "getting
more people on bikes."
History/Background:
Currently, the ICPD disposes of impounded bicycles by donating them to the ICBL. This has worked
well for both organizations. It provides the ICPD with an efficient method of disposal and it provides
the ICBL with additional and recurring inventory. ICBL staff have graciously donated numerous,
refurbished bicycles back to the ICPD for outreach. The Downtown Liaison Officer has distributed
these bicycles to individuals experiencing homelessness. The bicycles are used for transportation to
and from appointments, the Free Lunch Program, Salvation Army, other services, and general
transportation.
Financial Impact:
This change is expected to be cost -neutral to the City. The bicycles retained for community outreach
will be bicycles selected because they are in usable condition or because they can be refurbished by
the recipient or other organization at no cost to the City.
Recommendation:
The proposed amendment will provide City staff with a resource of bicycles to use for community
outreach to citizens who are otherwise limited in transportation. These may be low
income/disadvantaged youth or someone experiencing homelessness with no other method of
transportation. These projects will help to fulfill the City's Strategic Plan by enhancing community
engagement with some of our most vulnerable citizens.
9TT-T-W
15
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO. 17-4689
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, Sectionl6-31-1-8F 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 17th day of January 2017
M OR
ATTEST: V
C CL K
Approved by
�� is -af ,(Q
Attorneys Office
Ordinance No. 17-4689
Page 2
It was moved by Mims and seconded by Botchway 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 01/03/2017
Voteforpassage: AYES: Thomas, Throgmorton, Botchway, Cole,
Dickens, Mims, Taylor. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published 01/26/2017
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.
CITY OF
IOWA
CITY
MEMORANDUM
Date: January 12, 2017
To: Geoff Fruin, City Manager
From: Chris O'Brien, Director of Transportation & Resource Management
Re: Agenda item for January 17, 2017 City Council Meeting
Introduction: At the January 17, 2017 City Council Meeting, consideration will be given
to 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. Staff requests expedited action of this item in order to be able to move
forward with award to the preferred vender for alley hauling services. In addition, should the
third reading be passed through expedited action, a resolution will be under consideration for
adopting a new permit system for solid waste containers in downtown alleys.
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 (ICDD) 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 ICDD, 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: This proposed 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 final reading, a resolution adopting a new permit system will be
considered on the same agenda. This resolution adopting the permit system will also set the
annual fee for a permit at $60.00 for each dumpster. These permits will take effect April 1,
2017. Should the ordinance changing the definition of downtown and the resolution adopting
the permit system for solid waste containers pass, we will proceed in making the award to the
preferred vender for downtown alley hauling services.
15•
January 12, 2017
Page 2
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.