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HomeMy WebLinkAbout2017-02-07 OrdinanceMTT7-Tr— 6a mmmmmomi Prepared by: Bob Miklo, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ16-00007) ORDINANCE NO. 17-4690 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 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; 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. 17-4690 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 7th day of February -,20 17 MPWOR ATTEST: �1 .CLERK Approved by City Attorneys Office Ordinance No. 17-4690 Page 3 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 x Dickens % Mims % Taylor x Thomas x 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_ 02/16/2017 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: Cole, Dickens, Mims, Taylor, Thomas, Throgmorton, Botchway. NAYS: None. ABSENT: None. 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 ppdadrtdagOcra at and" (3).dao 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 IQ day of 20,1.7 CITY OF IOWA CITY ST. ANDREW PRESBYTERIAN CHURCH Jim T ogmorton, Mayor By: as PALS/dect�t ppdadndagV=sl andr"(3)d= Attest: City terl By: Approved by: 0,- Ajv City Attorney's Office ( 17 /1^7 CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ). ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on F t7r7-La2 7 , 20/7 by Jim Throgmorton and Julie Voparil as Mayor and Deputy City Clerk, respectively, of the City of Iowa City. / Nc ary Public in and fo a State of Iowa (Stamp or Seal) Title (and Rank) s""' KELLIE K. FRUEHLING o � C�riKgo Numper YZ1819 ST. ANDREW PRESBYTERIAN CHURCH ACKNOWLEDGMENT:ow 'i�'�"' MY=ms+ State of ✓ County This r or was �cknowl dge before me on / — 15 —1 -7(Date) [1d (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). ��TPJd! p 11 I V V_is 19, 20 10 ppdadnfttic st and (3).doc Notary Public in and for the"a of Iowa (Stamp or Seal) Title (and Rank) My commission expires: REZONING ENPRSBYTXHIBIT PNLHy ST. ANOREPART 0. k OELOT PART ONE LOi3 IOWA CITY, JOHNSON COUNN, IOWA OATNERINO PIALE B 'I _ PIIILDINOAI'p PRO OEEDB I ��� I 3D pNTS _ O�M� 9 ? LyBG •.m 11 \ SITE M ; ___ J ��t �RM \I 1 1 __ M hbk QZ _ ✓_ `_ I` M1 \ET _`-- _ . WT,OF9ANENMNPFSSMRNNCNUROI WGTONILaREEONSEDX NT6OFSRFMEIOXXSONMUN,lOA _ �1 _ — 1� \DE,NE BKW.PAGCIU ILL YNDNTEWUTHwLGFw NAIGUNUlROFTMF Wwxsx r,PnoP,x P.v.E...FST IWCINSSRINC 11 I Il 1 - u�,x Mcu.R,ua,s[awx, meuvwn. owAvn.nxxsoxmumr _ N¢vRulaue SU.N. mruevw 1ANGURS...' yGe°u'w11NT" Z orvlucwioRwnow. 1 1 - �f°• OM}ANING op. __ "i PROPOEDSONING PMIS MMSZ,BL - s—` BUBDINGBETEACKINPORMADON. _ \ 111 f RU PARKING RE.. I REMENFO. \ %moi utiErtxawiT ___ n[.EPvartv / _ / Y waY 1-- __ \ \• PARKING STANDARD 1 SBEDROOM UNIT SSTALLS/VXrt e rt DNTIPA OPwaLM3j GIO wAIGYU— REOUREDPARM.G-BVIIDINGA ..B I,IglAgtal ______� . \ \ -NNG . 18.29EDROODDINUNGS b 'o i II IR __ lhh 1 _ -------- __ D. \ _ — "� �x\/' \ - ---- aEouIRBEER..PARSONS. UNITS BUILDINGB sTAus SOURED seoxooM uxrrs 1 na p@�'IDO,.'1N II I R I ^ \\ \ DEDUREDSITEIDIZI PROVIDE I — — — BUIIIDNGRI MEPIDR R N.S:NNO BUILDING-CWPAP A i EPIOR T 11 IX S NDA 100. TANMPO _ / iOTAI c SENEMVEARE/, GZLKTwxs_ lAxuNT Wo kNO OVµ IM12 nG I.UNS.AREAPRIORTDEVELOPMENT COEOF mw.cm IS BE MOUI,AXOA0.FAAFTERDEVELOPMEM \`\ PROPOSED VNOOIAND RENAVED 6Y \ ��_ -� xOV1'JNLLFII 21 EBIi O ,. ''-: owPcwdolNat,ewo ,� ' w m PoN PSFORG oNNRR `I.TxDMAP NG O riA Julie Voparil From: Tom Bender <tom@assurancepm.com> Sent: Monday, January 23, 2017 12:42 PM To: Council Cc: Mark Danielson; Michael Thomas Subject: Request to the Council To the City Council, TSB Investments (St Andrews Lot 2) has a rezoning request before the Council. It was approved 7-0 at the last Council meeting. I would like to request that the 2nd and 3`d readings be collapsed into one for the February 7 1 meeting. The reason for my request is: I have a Due Diligence Clause with the Church for February 15th. If the readings are not collapsed, an extension will be needed There has been no apparent opposition to my project. I hope you can consider my request. Respectfully Submitted, Tom Bender TSB Investments 319-530-7333 02-07-17 Prepared by. Marti Wolf, Piannfng Intem, 410 E. Washinglan Street, Iowa City, IA 52240; 319356-5240 6b (VAC15-M007 - 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 far access and circulation by nearby residents; and WHEREAS, a suitable public access easement will be established in lieu of the rightof-vay, and WHEREAS, the driveway will be Improved according to plans approved by the City Engineer; and WHERAS, 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 28, 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. Al 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_. MAYOR: Approved b2% ATTEST: ice' a CITY CLERK City Attorney's Office ///CJ //-7 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 02/07/2017 Voteforpassage: AYES: Mims, Taylor, Thomas, Throgmorton, Botchway, Cole, Dickens. NAYS: None. ABSENT: None. Date published 710A Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 17-4691 ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 4, ENTITLED "PARKING REGULATIONS," TO ESTABLISH A PILOT PROGRAM FOR FOOD TRUCK VENDING IN THE DOWNTOWN. WHEREAS, in 2015 the City established a food truck vending permit system to allow vendors to operate on City streets except in certain restricted areas, which include the downtown area, residential areas, and within 150 feet of any restaurant; WHEREAS, food truck vendors have requested that the City allow them to vend in the downtown area during the late evening and early morning hours; and WHEREAS, a pilot program should be established that allows vending during the late evening and early morning hours in the downtown; and WHEREAS, it is in the City's best interest to establish such a pilot program. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 4, entitled "Parking Regulations,' Section 16, entitled "Food Trucks," is amended by adding the following new Subsection I: Notwithstanding any other provision in this section, the City Manager is authorized to establish a pilot program for food trucks to operate with a permit during the late evening and early morning hours in the downtown zone. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 7th day of February 2017. L MA ' R \` ATTEST: TY C RK Approved by CityAttorney's Office Ordinance No. 17-4691 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: ABS'T'AIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 01/03/2017 Voteforpassage: AYES: Mims, Taylor, Thomas, Throgmorton, Botchway, Cole, Dickens. NAYS: None. ABSENT: None. Second Consideration 01/17/2017 Voteforpassage: AYES: Cole, Dickens, Mims, Taylor, Thomas, Throgmorton, Botchway. NAYS: None. ABSENT: None. Date published 02/16/2017 I ^~'p CITY OF IOWA CITY �'��cl, MEMORANDUM Date: February 1, 2017 To: Geoff Fruin, City Manager From: Simon Andrew, Assistant to the City Manager Re: 2017 Late Night Food Truck Pilot Program parameters Introduction: mTn"?� 10 At the February 7, 2017 City Council meeting, Council will consider the third reading of an ordinance amendment that authorizes the City Manager to implement a pilot program to evaluate the impacts of late night food truck operations. The parameters for the program are detailed below. The program application and summary page are also attached. Background: At the October 18 and November 1, 2016 City Council meetings, Council discussed a proposal from the Iowa City Mobile Vending Association (ICMVA) for a pilot project designed to evaluate potential changes to the current food truck ordinance. Code amendments to be evaluated include the locations and hours during which food trucks are allowed to operate. Council directed staff to devise and implement a pilot program during the spring of 2017 that will provide information on the impacts of amending the food truck ordinance and an opportunity for stakeholders to offer input to Council. Current guidelines for food truck operations allow food truck vending from parking areas on city streets. However, vendors are restricted from operating in the downtown zone, residential areas, and within 150 feet of a restaurant. Vending operations must take place within the hours of 7 a.m. and 9 p.m. The proposed pilot program would also allow food trucks to operate during the hours of 10 p.m. and 2 a.m. at designated locations. 2017 Pilot Program Parameters: Locations Three locations were chosen for the pilot. The program will rotate between the locations with only one location to be used at a time. February 2, 2017 Page 2 To the extent possible, the locations included in the pilot reflect input received from Iowa City Downtown District (ICDD) and ICMVA stakeholders. None of the selected locations are within the downtown zone as defined in our current food truck program and none is within 150 feet of a restaurant. While there is considerable and understandable disagreement as to whether a pilot should take place at all, the program attempts to balance locations where there is enough foot traffic as to make the pilot informative while maintaining a reasonable distance from existing establishments. Clinton Street, north of Market Street Food truck vendors indicated that late night student foot traffic at this location makes it a good candidate for the pilot. We have also received input from our University of Iowa Student Government (UISG) City Council liaison that this is a location in which students would be interested. The location is approximately 1,000 feet from the downtown district. Our current food truck regulations prohibit operations this close to a University dining facility, however, the University indicated that this location would be acceptable during the pilot. Designated parking spaces on the west side of Clinton Street will be available for up to four vendors on Fridays and Saturdays between April 7 and April 29. Robert A. Lee Recreation Center Parking Lot This location was suggested by a downtown restaurant owner at an ICDD/ICMVA meeting. Several other restaurant owner/operators indicated at that meeting that this location was less problematic for them than potential alternatives. A kickoff event with up to six vendors is planned to be held on March 31. Designated spaces at the south end of the parking lot will be available for up to four vendors on Fridays and Saturdays between May 5 and June 3. Dubuque Street, between Jefferson Street and Iowa Avenue This location is currently used by daytime food truck vendors permitted to operate in Iowa City. Designated spaces will be available for up to four vendors on Fridays and Saturdays between June 9 and June 23. This location will not be used during the Iowa City Arts Festival scheduled for June 2 and 3. Hours of Operation Hours of operation for the pilot will be 10 p.m. to 2 a.m. on Fridays and Saturdays only. Daytime vending as is currently allowed by City Code will continue unchanged. February 2, 2017 Page 3 Number of Permits The number of authorized vendors will be limited to four at any one time. More than four vendors may participate during the course of the pilot; ICMVA will coordinate which four will operate on any given night. Permit Fee The permit fee for the three month pilot program will be $250. This fee is prorated from the current twelve month permit fee of $1,000. Vendors holding an annual permit will not be required to obtain an additional permit. Other Requirements All other applicable rules and policies governing current food truck operations must be followed. These include but are not limited to: • An insurance certificate verifying insurance coverage in an amount determined by the City's Risk Manager • Approval from the Johnson County Health Department • Vendor -provided trash receptacles and the removal of all trash by vendors • Self-contained trucks, i.e. no outside sources of electricity • Trucks must be equipped with a fire extinguisher • Adherence to the noise ordinance Note: The City Manager reserves the right to modify pilot program parameters at any point during the pilot. Program Evaluation: Ultimately, the goal of this pilot is to help Council determine whether they wish to pursue permanent changes to the food truck ordinance. Though many of the outcomes will be anecdotal, there are a number of items that staff can track that will help inform the decision making process. The program will also allow Council to solicit feedback from stakeholders and the general public that is based on actual observations of late night food truck vending. Items to be considered when evaluating the program include: Public Safety: City staff will report on public safety calls for service, including reports regarding customer behavior or unsafe truck operations. Trash removal/cleanliness of operations: City staff will observe the pilot locations after each night of vending, logging any trash left behind, pavement grease stains, etc. February 2, 2017 Page 4 Nuisance complaints: City staff will report on non-public safety complaints, including trash left on lawns, violations of the noise ordinance, etc. Input from downtown restaurants and businesses: Feedback from downtown restaurants will be requested and reported to Council. Councilmembers are encouraged to share input that they receive directly from businesses. University of Iowa staff and students: Given the proximity of the Clinton Street location to University facilities and dormitories, University staff will have important feedback to consider. UISG representatives will be asked to provide their perspective. Food truck vendors: Vendors will be encouraged to report their experience, including any business data that they are willing and able to provide. City Plaza food cart vendors: Feedback will be solicited from currently permitted City Plaza food cart vendors. Conclusion: Should the third reading of the ordinance amendment pass, staff will begin the process of posting applications. r � CITY OF IOWA CITY 2017 FOOD TRUCK PILOT PROGRAM OVERVIEW The City of Iowa City is offering a pilot program to evaluate the viability of late night food truck vending. The pilot program is scheduled to run from March 31 through June 24, 2017. The program will include three separate locations, all of which adhere to the current distance requirements from existing restaurants. Permitted trucks will be allowed to vend from 10pm-2am on designated Friday and Saturday nights during the pilot. Interested applicants must submit completed program applications no later than March 22, 2017. Iowa City reserves the right to amend the pilot program dates, add, modify or delete requirements, remove vendors, and cancel the program at any time at its sole discretion. No appeals of vendor selections or other related City decisions will be provided, however feedback will be collected and considered as part of the final pilot program evaluation by the City. All applicants must meet the following minimum requirements: 1. Food trucks must be permitted with the City of Iowa City and meet all of the applicable city requirements and administrative rules for food truck vending. Permit fees will be $250. 2. All food trucks must be self-contained. No public electricity will be made available. 3. Waste receptacles must be provided by each vendor. All vendors are responsible for waste and litter removal. Use of public waste receptacles will not be permitted. 4. All vendors must provide a Johnson County or State of Iowa food permit and a copy of a State of Iowa sales tax certificate. 5. Insurance in an amount determined by the City's Risk Manager is required prior to a permit being issued. 6. Locations will be rotated during the pilot and only one location will be used at a time. More information on locations can be found below. 7. The number of food trucks vending simultaneously will be limited to four. More vendors may participate in the pilot; the Iowa City Mobile Vending Association will coordinate which vendors participate on any given night. Up to six vendors may participate in a kickoff event at Robert A. Lee Recreation Center. Clinton Street north of Market Street Vendors may operate on the west side of Clinton Street in designated spaces on Friday and Saturday nights between April 7 and April 29. Robert A. Lee Recreation Center parking lot Vendors may operate from a designated location in the RALRC parking lot on Friday and Saturday nights between May 5 and June 3. Additionally, up to six vendors may participate in a kickoff event on March 31. The weekend of June 2 and 3 was added to this location so as not to conflict with Arts Festival operations. Dubuque Street between Jefferson Street and Iowa Avenue Vendors may operate from designated spaces on Dubuque Street on Fridays and Saturdays between June 9 and June 23. This is a common vending location for current food trucks during the daytime hours. ........................................................................................................................... 11 CITY OF IOWA CITY APPLICATION FOR A FOOD TRUCK PERMIT 2017 FOOD TRUCK NAME ❑ Please check this box if you are applying to participate in the 2017 late night pilot program ONLY APPLICATION RECD PROOF OF INSURANCE RECD PAYMENT RECD JOHNSON CO. FOOD PERMIT RECD Questions should be directed to the Building Department's Office, at 319 356-5123 ......................................................................................................................................... APPLICATION FOR FOOD TRUCK PERMIT If the applicant is not a natural person (for example, a partnership, an LLC, or a corporation), please complete the addendum. 1. Applicant's Name: FIRST LAST 2. Address: STREET APT# CITY State ZIP CODE 3. Email Address: 4. Phone number: 5. Are you currently an established Food Truck Yes_ No_ 6. If an established food truck business, Name of truck or cart Number of years in business Previous Food Truck permit with the City of Iowa City Yes_ No_ List markets, festivals, or any other events or locations where food truck sold food: 7. Have you or any owners of the legal entity previously held a food truck permit with the City? Yes_ No_ 8. Description of truck: Attach a photo of you truck as it appears today. Also, please provide dimensions. Details of signage must also be submitted. All trucks must be equipped with a #5 multi-purpose fire extinguisher. 9. List types of fuel and size of tanks (if applicable) used for cooking. 10. Indemnification Agreement: The applicant agrees to: Pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed upon the City for damages of any kind resulting from use of public property and the public right of way, whether sustained by any person or persons, caused by accident or otherwise and shall defend at its own expense and on behalf of the City any claim against the City arising out of the use of public property and the public right of way. Applicant agrees to provide the certificate of insurance to the City by the last working day prior to the first day of vending operation. Signature of Applicant Date Wpdatallegal/mobile vending-App2008.doc 2/2/2017 If the applicant is not an individual, the person signing this application acknowledges that he or she has the authority to act on behalf of the group that is requesting the permit. Applicant: Return completed application to: Building Division Office City of Iowa City 410 E. Washington Street Iowa City, Iowa 52240 Any questions can be directed to Jann Ream in the Building Division office at 319-356-5123. Applicant has read and understands the ordinances pertaining to Food Truck operations and commercial parking regulations. Applicant agrees to follow all such ordinances and administrative rules and policies concerning Food Truck operations and understands that the failure to comply with these ordinances, rules and policies may result in the revocation of the permit. Signature of Applicant Date Appeal Rights Any party aggrieved by the City Manager's or designee's decision to grant or deny a permit under this Chapter may appeal the determination to the City Council if, within five (5) working days after the decision, the party files a written notice of appeal with the City Clerk. In such event, a hearing shall be held by the City Council no later than the next regularly scheduled meeting, assuming the appeal is filed in time to allow notice of said appeal in accordance with Chapter 21 of the Iowa Code. FOR CITY USE ONLY: NOTICE OF DECISION GRANTING OR DENYING THE APPLICATION The application is approved. The application is denied because Manager or Designee Date W pdata/legal/mobile vending-App2008.doc 2/2/2017 ADDENDUM TO APPLICATION FOR FOOD TRUCK PERMIT To be completed only if applicant is not a natural person (for example, a partnership, an LLC, or a corporation). 1. If the applicant is a partnership, list all partners and the share of partnership distribution. Name of Partner % share in partnership distribution % share in partnership distribution Name of Partner % share in partnership distribution Name of Partner 2. If the applicant is a corporation, list all shareholders and their percentage ownership. % of stock owned Name of Shareholder % of stock owned Name of Shareholder % of stock owned Name of Shareholder 3. If applicant is a limited liability company, list all members and their membership interest. Membership interest Name of Member Membership interest Name of Member Membership interest Name of Member Wpdata/legal/mobile vending-App2008.doc 2/2/2017 I Julie Voparil From: Nancy Bird <nancy@downtowniowacity.com> Late Handouts Distributee Sent: Friday, February 03, 2017 4:46 PM To: Council Cc: Geoff Fruin; Wendy Ford 1 Subject: mobile food truck input to pilot Attachments: 2017.02.07 TCDD MobileFoodTrucksinput.pdf (Date) City Council members, Please find attached a memo from the ICDD that provides additional context and information on the Mobile Food Truck pilot program in consideration for final vote on Tuesday. We felt it was important for Council to understand some of the issues of the pilot and how they were resolved with accurate data points and further understanding of the Downtown market. Thank you! Nancy Bird 0:319.354.0863 M: 206.930.6960 Iowa City Downtown District 103 E. College Street, Suite 200 Iowa City, IA 52240 downtowniowacitv.com February 3, 2017 Mayor Jim Throgmorton and City of Iowa City Council Members 410 E. Washington Street Iowa City, IA 52240 RE: Mobile Food Truck Pilot Mr. Mayor and City Council, On behalf of the Iowa City Downtown District, I would like to respectfully submit these comments for your consideration on the City's support for the Mobile Food Truck pilot. While the ICDD does not support a change to the current food truck ordinance, we found that providing meaningful input to the pilot was helpful and shed light on the Downtown market for those involved. A group of Downtown and Northside restauranteers met with Kyle Siek and his partners in the Iowa City Mobile Vending Association (ICMVA) on January 23, 2017 to discuss the pilot parameters and to better understand the interests of Council. I would like to publicly credit Kyle for reaching out to set this meeting and push the dialogue. The information exchange was productive for both parties and has resulted in the City staffs recommendation for the late night pilot that Council has before them. The ICDD felt it important to relay the conversation points from this meeting for the community's information. 1. The ICDD is a strong proponent of local entrepreneurs and works to set a welcoming and supportive stage for start up businesses Downtown. We also value quality offerings in food and unique experiences. 2. The ICDD believes that mobile food trucks have a place in Iowa City, but it is not Downtown or within 150 feet of any brick and mortar restaurant. 3. Downtown Iowa City is not underserved by restaurants late night. We have provided the City with the 35 restaurants in the 6 block area that remain open 10pm until 2am, not including the 5 operating mobile food carts on the pedestrian mall. 4. The ICDD is also not underserved with food offerings at any time of the day. 5. Both the ICDD and the ICMVA agreed with the importance of keeping vendors a minimum of at least 150 -feet distance from a brick and mortar restaurant. We hope this will continue to be respected. 6. The ICDD continues to attract new restaurants, five new in 2016, due to the passion this Iowa City Downtown District 103 E. College Street, Suite 200, Iowa City, IA 52240 319354-0863 community has for food despite the saturation in the market. The ICDD and City completed a retail strategy that outlines the need to attract soft good retailers to Downtown to correct for the oversaturation of food and beverage businesses (over 100 of 335 businesses). The proposed pilot is counter to the data in the report and the overall strategy for Downtown Iowa City. 7. The meeting revealed significant concern on the part of Downtown restaurants over the principle of fairness and the uneven playing field a pilot like this suggests. The community investment restaurants pay in property taxes and cafe leases for restrooms, public safety, and garbage is not at parity with the City's license fee for a mobile food truck or the pro -rated fee of the pilot. These businesses have invested their livliehoods and put forward significant risk - this same risk is not a request of the mobile food vendors. The ICMVA agreed that mobile vendors do not invest at the same rate and agreed that many of the rules related to brick and mortar restaurant operations were onerous and in need of change (requirements mobile vendors don't need to follow). Similar to Uber as a market disrupter for taxis, reducing burdensome requirements for restaurants should be considered as well if the City is serious about growing entrepreneurship and new business. We invite further conversation on this topic. 8. Success metrics related to sales during the pilot are extremely challenging to obtain. In a saturated market such as this, one businesses' sales win could easily be another's loss, but it's virtually impossible to track. Garbage and public safety measures are easier to obtain. The amount of concern over sales, however, led to a better understanding from both parties and to the ICMVA's change in pilot location requests. 9. The most logical "win" for mobile food trucks is to find data -backed underserved locations and develop a consistent and marketed presence in those areas. One of the pilot locations, the Iowa City Recreation Center, is directly within the ICDD boundaries. If the pilot finds success in this location due to the quality of the offerings and strength in marketing, the ICDD would be a willing partner to help build on further success in this area. If Council votes to support the pilot, we hope to stay involved to understand the outcomes and any future steps. Ultimately, the ICMVA's success in Iowa City will depend on growth of the population base locally and its ability to successfully market its location and offerings in areas not already served. As always, thank you for your consideration of these meeting notes and for opening the dialogue for future discussion and study. Sincerely, Mark Ginsberg Nancy Bird, AICP President, ICDD Board Executive Director, ICDD Iowa City Downtown District 103 E. College Street, Suite 200, Iowa City, IA 52240 319-354-0863 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 17-4692 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 PERMISSION. 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 cafe 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 as orovided by law. ATTEST: r V CIT RK day of February , 2017. Approved by: City Attorney's Office Ordinance No. 17-4692 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 01/17/2017 Vote for passage: AYES: Throgmorton, Botchway, Cole, Dickens, Mims, Taylor, Thomas. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 02/16/2017 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: Dickens, Mims, Taylor, Thomas, Throgmorton, Botchway, Cole. NAYS: None. ABSENT: None. IOWA AVE UNIVERSITY OF IOWA Downtown U OC Z �I U ILEI J L— ST Mercy Hospital JEFFERSON ST "'" O C L- I u oun y Post Court ffice House rri I P Cr HARRISON ST i Ln > o zo o m U m z m Q Q J 0 \\ PRENTISS ST ®I N Deferred Indefinitely Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 3193565030 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 Il. 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 /2. i? CITY OF IOWA CITY UNESCO CITY OF LITERATURE CITY OF IOWA CITY MEMORANDUM Date: January 8, 2017 To: Geoff Fruin, City Manager From: Bill Campbell, Acting Chief of Police Re: Abandoned Bicycles / Ordinance Amendment 07-07-17"' 12 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.