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HomeMy WebLinkAbout2017-01-17 Ordinance"Trmrm 6b 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 YlORIPN CHURCH ST. pNpREPAR x PMTONE LOT] TO Qip IOWA DRV, JOHNSON COUNTY, IOWA ----- 117 / �/ WTIfrRMG "CE — ,1 1 1'j 1 . �♦ \ PROPOSED BNWINROR% 1 llss QQ I ti aw I ♦ 1 1 _ _ -t P ei 1 i*'{ ,wvm„♦Panrrorr[ _ , r� • 1 i ��mTn1Aw� `\ 11 �- ` S a _ \s,1EORL AFFOR-�/ OESCRITICN'. ��11 ¢`D-`- i llffi.rz. wURFARTwE. MORom �n,3as, unEw w. u u 'y __ _ TA 3e — 1 -- Y—_� _ f� eOx W.vu,E LHlxxenvrcFOF TxLioxrrsontou/m. mxa RLaROFR. Ix THE NALGUARFF'- E 1RR!! I _\•_ / �.,a�ti; LONG swmlw¢TrR wARER OF UE ON 7. MWRIxvn--EWwFST mmESTxemlrclPUMeR owx w roxxzoxmulmo BNOINE88INp alt ___ _ i _ ,-` _'-- _ �xR,.� Ir f 1 _ q`, ' I I 116 I - `__`�__ _ /'i 1i: wuR ' ABLI � lxx __`` ' LaRWf ZONING INMRAMON NGSAL.DINF— _ -_� __ = - IIII �� `_ _ ♦ _ _'' u t 1 { - -__________'__r =, ,, = II! O` �i _ _____�9 -`- �m'" _ f= CUR NEW WNW OPO6 EO ZOXIXO RM-liDA RuuRxGREreecR xFaRMeTwx: LABRON ANALFA lv \ J---�Y`- H��_=_�_,v- ___),r m FRONTYARO FEET _�_'___ rw 11 111111 , 111 __� _ SIOEYRRO 10 FEET i 1111` 1111 `1 `\ 111 Li1-1 __y,Te : -_ ---- ----- :�1------- / YrErtRamiv PARKING REWMEMEHR: PeRpMSTUNIT stEo N ..�; BYTFIiIF MeGR > _-- _I__ ___ 1 // 1,♦ I_` _ ' ` \ \ REONRE' PeRxIXG-BNLOIHOA 6TAL18 _ MMUME, 11 14.3 EB DROGMYXRB WimC �N 1 01a,is'/..11 / / t// 1 ; , e \ % 1 1 ♦ \ 1( NRS e ` arxaary LINE1 `ii AR _ _ 1 1 1 11 11♦ _______ _ ____ 1111111 1 _ 1 1 _ _ 1 1 1 1 __ _ ___ _ i i \ i \ \ '\ 0.EOWREO PeRpXO-BUILpXGB 6TN16 P-1 BE11R0.0. �11NR4 NB 1 3, E0 M 1 1 —_—__-- -- �� E— 1 REQUIRED ME 41 TOTAL REQUIRED RAW OEOPA MNG nu..1.w« tau l z__-_�_—_-- R ---------1- _ _ _ — _ BNLOIXGAINTE L ixiinniov CQ PMT m TOTAL 41 AR[YANeYJJN EENSITIVE AREA CALGUITION8: IDx / mSR6T NwAt' .1ANR MONS NOO EA PFORENOD. LOPG1320NING EOF N000 UNO AREA. PRIORT E.L.PARACAFT w1Lfi sF sf NOOOIAXOMGb,AM _ '\ UGEVELOMEM im PROPOBEU\♦WOIANO REMOVED IEY D _— CIIMV CARWIFLELM AF OR --------- cS�ON ------------ PR�LGLop FSR D /PC 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 Downtomu rE IOWA AVE UNI VERSI TY OF IOWA f .. 0 1� 7 N LT.ILr.::_GILr 0 JI ST Mercy Hospital JEFFERSON ST"="'-' O C oun y Post UCourt ffice House rri o �, / P r [! HARRISON ST In 7 \ PRENTISS ST _ ^ (7 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.