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HomeMy WebLinkAbout2017-07-18 Ordinance50 - DEFERRED to August 1 meeting Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5261 (REZ17-00005) 101CA8110/ 11"01 W AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 0.62 ACRES OF LAND FROM COMMUNITY COMMERCIAL (CC -2) ZONE TO RIVERFRONT CROSSINGS — WEST RIVERFRONT (RFC -WR) ZONE FOR PROPERTY LOCATED AT S. 513 RIVERSIDE DRIVE (REZ17-00005) WHEREAS, the applicant, 513 Riverside LLC, has requested a rezoning of property locally known as S. 513 Riverside Drive from Community Commercial (CC -2) zone to Riverfront Crossings — West Riverfront (RFC -WR) zone; and WHEREAS, the subject properties are located in the West Riverfront subdistrict of Riverfront Crossings; and WHEREAS, the Downtown and Riverfront Crossings Master Plan, an integral part of the Comprehensive Plan, sets forth goals and objectives for the West Riverfront subdistrict, including the goals of improving conditions for pedestrians and bicyclists, tempering auto orientation, and enhancing the streetscape and overall aesthetics of the corridor in order to safely support redevelopment of properties for higher density residential living and pedestrian -oriented commercial uses; and WHEREAS, the zoning standards that apply in the West Riverfront zoning district encourage development that is of a scale and design to achieve the desired development character described in the Riverfront Crossings Master Plan and will improve the quality of the neighborhood by reserving frontage areas along streets for pedestrians and restricting parking and vehicular access to areas behind buildings, and require provision of affordable housing; and WHEREAS, Riverside Drive has a substandard right-of-way width that does not provide adequate space for a sidewalk and parkway buffer with street trees to meet requirements in the Riverfront Crossings form - based zoning code; and WHEREAS, the requested rezoning will allow a significant increase in the residential population in the area, which will increase the need for affordable housing, and increase pedestrian and bicycle traffic along Riverside Drive and, therefore, additional public right-of-way to widen pedestrian areas along Riverside Drive and close driveways that do not meet the City's access management standards will be necessary as well as the provision of affordable housing options; and WHEREAS, Iowa City Code 14-2G-8 requires that, upon rezoning to RFC -WR, the owner must enter into an agreement with the City establishing how the owner will provide affordable housing when the property is redeveloped; 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 the need for the dedication of land along the Riverside Drive frontage to widen the pedestrian area within the right-of-way to a minimum of 20 feet in width, closure of driveways according to the City's access management standards, and provision of affordable housing; 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 Community Commercial (CC -2) Zone to Riverfront Crossings -West Riverfront (RFC -WR) Zone: IOWA CITY RYERSON'S AND SHARP'S SUBDIVISION LOT 1, COMMENCING AT THE SOUTHWEST CORNER OF MYRTLE AVENUE AND RIVERSIDE DRIVE; SOUTH 157', THEN WEST 178'; THEN NORTH 160', THEN EAST 159' TO THE POINT OF BEGINNING. Ordinance No. Page 2 SECTION H. 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. 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 2017. MAYOR ATTEST: CITY CLERK Appr ved b City Attorney's Office Prepared by: Karen Howard, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZ16-00005) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and 513 Riverside, LLC (referred to hereinafter as "Owners"). WHEREAS, Owners are the collective legal title holders of approximately 0.62 acres of property locally known as 513 S. Riverside Drive in Iowa City; and WHEREAS, the Owners have requested the rezoning of the subject properties from Community Commercial (CC -2) Zone to Riverfront Crossings — West Riverfront (RFC -WR); and WHEREAS, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, Riverside Drive is currently an auto -oriented arterial street with high traffic volumes and higher speeds and little to no space within the public right-of-way for pedestrians and bicycles and with an excessive number of driveway access points that further increase potential traffic conflicts between all modes of travel; and WHEREAS, the increased density of residential living and urban commercial intensity allowed with the RFC -WR zoning will result in the need for an improved "public realm" along Riverside Drive, including improved streets with safer and more attractive areas for people to walk and bike; and WHEREAS, the requested rezoning will allow a significant increase in the residential population in the area, which will increase the pedestrian and bicycle traffic along Riverside Drive and, therefore, additional public right-of-way to widen pedestrian areas along Riverside Drive will be needed; and WHEREAS, certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan, including the need for a safe, attractive, and comfortable environment for residential living and improved streets that will encourage walking and biking and improve traffic safety; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions to ensure improved pedestrian and bicycle safety and comfort and to provide for safe traffic circulation upon redevelopment, the requested zoning is consistent with the Comprehensive Plan; and, WHEREAS, the high percentage of housing cost -burdened households is the most common housing problem within the City of Iowa City, and one of the primary areas where people face housing affordability challenges is near the University campus and the City's urban core; and, WHEREAS, the Riverfront Crossings District is well -situated to support a mix of housing due to its close proximity to downtown Iowa City and the University of Iowa campus, its existing and planned mix of uses, convenient access to public transit and municipal parking facilities; and WHEREAS, the Riverfront Crossings Form Based Code is intended to encourage a walkable, pedestrian -friendly area where residents can work, live and play, and will increase the need for housing that is affordable to the workforce; and WHEREAS, the rezoning to RFC -WR will allow residential development at a density not previously permitted; and, WHEREAS, the Riverfront Crossings Form Based Code requires that upon a rezoning to a riverfront crossings zoning designation, the property owner must enter into an agreement with the city to establish which method or methods the Developer will use to provide the required affordable housing. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties 1 of 4 agree as follows: Owners are the collective the legal title holders of the property legally described as follows: IOWA CITY RYERSON'S AND SHARP'S SUBDIVISION LOT 1, COMMENCING AT THE SOUTHWEST CORNER OF MYRTLE AVENUE AND RIVERSIDE DRIVE; SOUTH 157', THEN WEST 178'; THEN NORTH 160', THEN EAST 159' TO THE POINT OF BEGINNING. The Owners acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan, including the West Riverfront Subdistrict of the Downtown and Riverfront Crossings Master Plan, and the Owners intend to comply therewith. Further, the parties acknowledge that Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owners agree that development of the subject property will conform to all requirements of the zoning chapter, as well as the following conditions: a. Prior to issuance of any permit for any improvements to the subject property or coincident with the City's street improvement project, whichever occurs first, land shall be dedicated to the City along Riverside Drive to improve conditions along the street necessary for the increase in pedestrians and bicyclists anticipated with the rezoning according to the goals and objectives of the Riverfront Crossings Master Plan. The ROW dedication shall result in a minimum 20 foot wide pedestrian area between the new front property line and the street curb along the Riverside Drive frontage, including at the corner of Riverside Drive and Myrtle Avenue; b. Prior to issuance of any permit for any improvements to the subject property or coincident with the City's street improvement project, whichever occurs first, the two driveways closest to the intersection of Riverside Drive and Myrtle Avenue shall be closed and the area subsequently restored and improved for pedestrian use. In addition, prior to issuance of any permit for any improvements to the subject property or coincident with the City's street improvement project, whichever occurs first, the southernmost driveway on the Riverside Drive frontage shall be evaluated according to the City's access management standards as set forth in Article 14-5C of the City Code of Iowa City, with the City reserving the right to close or move driveway access points, or reduce to a single directional drive (such as right -out only), in compliance with said standards; c. Owner shall satisfy the affordable housing obligations imposed pursuant to Iowa City Code of Ordinances 14-2G-8 through the provision of on-site owner - occupied dwelling units, on-site rental dwelling units, and/or the payment of a fee in lieu of the remaining dwelling units not provided on-site or as otherwise agreed to between Owner and the City in an affordable housing agreement entered into prior to issuance of a building permit for development of any portion of the above- described property. 2of4 4. 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. 5. In the event the subject property is transferred, sold, redeveloped, or subdivided, all development will conform with the terms of this Conditional Zoning Agreement. 6. 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. 7. This agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 8. Nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 9. 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 Owners' expense. Dated this day of 2017. CITY OF IOWA CITY OWNERS James Throgmorton, Mayor By: 513 Riverside, LLC Attest: Julie Voparil, Deputy City Clerk App ov % �- /� 7 City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ss: JOHNSON COUNTY 3 of 4 This instrument was acknowledged before me on , 2017 by James 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) My commission expires: 513 RIVERSIDE, LLC ACKNOWLEDGMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on , 2017 by (Name(s) of individual(s) as (type of authority, such as officer or trustee) of 513 Riverside LLC. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) My commission expires: 4of4 2 Prepared by: Jennifer Jordan, Resource Management Superintendent, 3900 Hebl Ave., Iowa City, IA 52246 (319) 887-6160 Ordinance No. 17-4715 Ordinance Amending Title 16, Public Works, Chapter 3, City Utilities, Article H, Solid Waste, To Prohibit Landfilling Of Corrugated Cardboard. Whereas, the Iowa City Landfill is designated as an Environmental Management System (EMS) by the Iowa Department of Natural Resources and must exhibit continuous improvement in six topic areas; and Whereas, the Iowa City Landfill wishes to contribute to an increase in the City's STAR score; and Whereas, the following changes would help meet both EMS and STAR goals; and Whereas, the City of Iowa City wishes to significantly reduce the amount of recyclable resources entering the Iowa City Landfill; and Whereas, corrugated cardboard makes up approximately twelve percent of materials entering the Iowa City Landfill each year; and Whereas, local recycling markets exist for corrugated cardboard; and Whereas, the City of Iowa City currently collects corrugated cardboard from residents of Iowa City as a part of municipal solid waste collection operations; and Whereas, owners and managers of commercial properties with residents and condominiums are required to provide recycling services; and Whereas, commercial, industrial, institutional and other non-residential customers have access to corrugated cardboard recycling services through private waste haulers. Now, Therefore, Be It Resolved By The City Council Of The City Of Iowa City, Iowa, That: Section I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Add Subsection F to Section 16-31-1-6 "Prohibited Practices" as follows: F. Place the following items in the trash to be landfilled: tires; yard waste; corrugated cardboard; computer monitors; televisions; appliances; lead acid batteries; and oil and oil filters. B. Delete Subsection D from Section 16-31-1-9 "Solid Waste Disposal Requirements" and replace it with the following: D. Disposal Restrictions At The Landfill: 1. Only persons or operators residing or operating within the landfill service area may dispose of solid waste at the landfill, and only provided that such solid waste was generated by activities or operations occurring within the landfill service area. 2. The following materials may not be disposed of at the landfill, but may be recycled at the landfill: tires; yard waste; corrugated cardboard; computer monitors; televisions; and appliances. The person disposing of such items shall be responsible for separating these items from other solid waste materials and shall be responsible for delivering and unloading the items at the recycling sites designated by the city. Section H. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication. Passed and aapprovedth's 18th day of July , 2017. Ma or Appr ed b Attest: Jerk City Attorney's Office Ordinance No. 17-4715 Page 3 It was moved by Mims and seconded by Dickens Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: x Botchway x Cole x Dickens x Mims x Taylor x Thomas x Throgmorton First Consideration 06/20/2017 Voteforpassage: AYES: Cole, Dickens, Mims, Taylor, Thomas, Throgmorton. NAYS: None. ABSENT: Botchway. Second Consideration _ Vote for passage: Date published 08/01/2017 that the Moved by Mims, seconded by Botchway, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time: AYES: Taylor, Thomas, Throgmorton, Botchway, Cole, Dickens, Mims. NAYS: None. ABSENT: None i r CITY OF IOWA CIT COUNCIL ACTIONREPOR4 June 20. 2017 Ordinance amending Title 16, Public Works, Chapter 3, City Utilities, Article H, Solid Waste, To Prohibit Landfilling of Corrugated Cardboard. Prepared By: Jen Jordan, Recycling Coordinator Reviewed By: Chris O'Brien, Director of Transportation and Resource Management Ashley Monroe, Assistant City Manager Fiscal Impact: No Impact Recommendations: Staff: Approval Commission: N/A Attachments: None Executive Summary: The proposed ordinance would ban corrugated cardboard from being landfilled effective January 2, 2018 and could divert an estimated 12,000 to 14,000 tons of materials from the Iowa City Landfill annually. In addition, curbside single stream recycling services will be implemented Citywide, effective in the fall of 2017. The single stream change will affect City of Iowa City curbside customers, streamlining operations, and a significant increase in participation and recycling weights is anticipated. Single stream recycling will permit residents to co -mingle paper and cardboard, metals, and plastic. The method of sorting materials for the curbside program is not outlined in City Code and therefore allowing for single stream recycling does not require any code modifications. Approving these changes now for implementation at a later date will allow plenty of time for education and outreach efforts to be conducted in order to minimize confusion over the change in operational processes. In addition, staff will return to City Council with proposed fee changes to incentivize compliance with the cardboard ban. Background / Analysis: At the June 6, 2016, City Council work session, staff outlined multiple programmatic changes within City operations that could significantly reduce the amount of materials being landfilled and improving areas of concentration within our STAR Community rating. Staff was given direction to proceed on seven initiatives: • Multi -family recycling • Food waste reduction and curbside food waste collection • Computer monitors and televisions (e -waste) ban in the landfill • Secured load policy • Plastic bag ban throughout Iowa Ci • Single stream recycling 0 Corrugated cardboard ban at landfill t r CITY OF IOWA CITY COUNCIL ACTION REPORT The first phase of implementation was brought to City Council in November 2016 and included multi -family recycling, curbside food waste collection, a -waste ban and secured load policy. Staff proceeded to work toward the ban on distribution of plastic bags by commercial businesses in Iowa City but a legislative change by the State of Iowa prohibited the City's ability to move forward with this initiative. The remaining two initiatives, curbside single stream recycling and a corrugated cardboard ban, are being proposed for implementation with this council action. Transition fully to single stream recycling The curbside recycling program has undergone many changes since its inception in the mid - 1990's and currently serves 15,300 households. Until 2011, program users were asked to sort into six recycling streams, and then this method changed in 2011 when sorting requirements were reduced to three streams. Curbside recycling tonnages have averaged 1,533 tons per year with a slight increase in household participation. Single stream recycling has been discussed at various times as a means to increase participation, tonnage and efficiency within the program. A single stream program changes the dynamic of sorting as residents would not be asked to sort material into streams and would include the exact same materials that are picked up now. At this time glass is not part of the discussion since our current recycling vendor does not accept glass in their single stream sorting system. In 2014, Iowa City began co -mingling a limited amount of recycling routes. In that first year, about 10% of curbside materials were picked up as single stream. By 2016, that number grew to about 30% due to the efficiencies experienced through co -mingled recycling. On average, communities that have switched to single stream have seen increases in participation and tonnage ranging from 10% to 25%. Contamination levels will need to be monitored closely to ensure that materials remain clean enough to be recycled. It will be imperative that customers are well-educated about the program. In the short term, curbside recycling staff will have visual contact since they physically pick up the 18 -gallon blue recycling bins to empty them into the trucks. The next step, proposed for early 2018, will be to provide 65 - gallon carts for residents who prefer them over the 18 -gallon bins. It is anticipated that the change to single stream recycling will result in the diversion of an additional 150 — 400 tons of materials from the landfill annually. Four new recycling compactor trucks have been ordered, which will allow for the mechanical pick-up of recycling carts. Staff has budgeted $75,000 for 65 -gallon wheeled recycling carts to be purchased late in 2017. The four new trucks offer the flexibility to accommodate the continued use of 18 -gallons and can also be used for separate trash or organic waste routes as needed. Under the City's current contract with Republic Services, sorted materials do not have a cost and the City receives a rebate based on market value of the materials. The cost of single stream r CITY OF IOWA CITY COUNCIL ACTION REPORT materials is $65 per ton. Recycling rates, as approved in spring 2017, will increase per month per household beginning July 1, 2017, to offset these costs. Staff is prepared to roll out single stream recycling with the existing equipment and bins beginning in September 2017. New trucks will arrive late in 2017 to go into operation in early 2018. Carts will be distributed to households who would like them in early 2018. This is an operational and equipment change; no updates are required for City Code or rules and regulations. Ban corrugated cardboard at the Iowa City Landfill The Iowa City area has had cardboard recycling available for decades. Markets for all recycling materials fluctuate but cardboard generally has enjoyed a strong market. Even so, about 12% of what goes into the landfill annually is cardboard, which equates to roughly 14,500 tons per year. A cardboard ban would keep most of the material out of the landfill. Other communities have implemented cardboard bans and have seen recycling rates increase dramatically. In the landfill, cardboard produces methane as it breaks down. According to the US EPA's Waste Reduction Model (WARM), diverting 14,370 tons of cardboard would result in a savings of 68,971 MTCO2E per year, the equivalent of the amount of energy used by 6,293 homes for one year or the equivalent of taking 14,520 passenger cars off the road annually. Banning cardboard in the landfill would be a significant step toward meeting STAR community sustainability goals. As part of the Iowa Department of Natural Resources (DNR) Environmental Management System (EMS) program, the Iowa City Landfill has committed to continually improve the programs and services we offer. A cardboard ban would address at least three of the six target areas set up by the DNR. In addition, the landfill has been awarded $22,278 in grant funding from the EMS program to assist with the purchase of a cardboard compactor for the East Side Recycling Center to improve efficiency. Staff recommends banning cardboard from the Iowa City Landfill in order to significantly increase the amount of cardboard recycled in Johnson County. The estimated annual diversion is 12,000-14,000 tons. Staff also recommends continuing to strongly promote curbside recycling to existing customers and working with multifamily residents and commercial entities to educate about the proposed corrugated cardboard ban. This will include significant outreach throughout the landfill's service area of Johnson County and the cities of Kalona and Riverside in Washington County. If approved, the single stream recycling program will roll out in Fall 2017 with the cardboard ban taking effect on January 1, 2018. This timeframe will allow for ample time to conduct outreach and education to the public and commercial entities that utilize landfill services. Staff will return to City Council in the fall to propose fee changes to incentivize customers to adhere to the ban. It is anticipated that incoming trash loads that contain recyclable corrugated cardboard will be assessed a fee that equates to double the tipping fee. Q• Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 Ordinance NO. Ordinance amending Title 16, "Public Works", Chapter 3, "City Utilities", Article C, "Potable Water Use and Service", Section 10, "Private Wells Restricted" to allow private wells to be installed by governmental entities within city limits if determined by the City to be in the public interest and to clarify that geothermal wells are not private water wells for purposes of this section of the City Code. Whereas, The Board of Supervisors of Johnson County has requested that the City allow the County to install a private well at the Poor Farm owned by the County and within city limits; and, Whereas, Section 16-3C-10 of the City Code prohibits the installation of private water wells within city limits except in limited circumstances which do not apply to a well at the Poor Farm; and, Whereas, the County's goals for the renovation and use of the historic Poor Farm are consistent with the City's strategic planning goals and in the public interest and the Public Works Director has determined that the installation of a well at the poor farm will not adversely affect City water; and , Whereas, it is in the public interest to amend the City Code to allow for private water wells within city limits under such limited circumstances. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Amendment. Title 16, Chapter 3, Article C, Section 10 is hereby amended by deleting the section and substituting the following in lieu thereof: 16-3C-10: Private Wells Restricted A. No person shall install a private water well within the city limits unless: 1. A determination has been made by the public works director that: (a) The point of water use is greater than three hundred feet (300') from an accessible distribution water main owned and controlled by the city; (b) The proposed private well is located outside the influence of an existing or proposed city owned well; and (c) The proposed private well is needed due to extraordinary circumstances of the location of the property within the city which, if private ground water sources were not used, would work an extraordinary hardship on the property. OR 2. The well is being installed by a governmental entity on property owned by that entity; the public works director has determined that the installation of the well will not adversely affect City water; and, the City Manager has determined that the installation of a well is in the public interest. July 12, 2017 Page 2 B. The city may require owners of existing private wells to connect to a city owned distribution water main in accordance with provisions of this article if the above conditions are not satisfied. Such connection shall be completed within ninety (90) calendar days after official notice to do so, and the existing private wells abandoned as required by state law. (Ord. 95-3683, 6-27-1995) C. A geothermal well is not a private water well for purposes of this Section. 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 Mayor CITY CLERK Approved by: City Attorney 2-I"1 Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS First Consideration _ Vote for passage: Dickens, Mims, Second Consideration _ Vote for passage: Date published G.:byM9 07/18/2017 ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton AYES: Thomas, Throgmorton, Botchway, Cole, Taylor. NAYS: None. ABSENT: None that the 'r J CITY OF IOWA CIT -^� COUNCIL ACTION REPOR July 18, 2017 Ordinance amending Title 16, "Public Works", Chapter 3, "City Utilities", Article C, "Potable Water Use and Service", Section 10, "Private Wells Restricted" to allow private wells to be installed by governmental entities within city limits if determined by the City to be in the public interest and to clarify that geothermal wells are not private water wells for purposes of this section of the City Code. Prepared By: Ron Knoche, Public Works Director Reviewed By: Eleanor Dilkes, City Attorney; Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: None Attachments: Ordinance Executive Summary: This ordinance will amend Section 16-3C-10 of the City Code that prohibits private water wells within City limits to allow governmental entities to install private water wells on property they own if the installation does not adversely affect City water and the City determines that it is in the public interest, and to clarify that geothermal wells are not private water wells for purposes of this section of the Code. Background / Analysis: The Johnson County Poor Farm is located at 4811 Melrose Avenue. There were two wells located on the property. Johnson County looked into repairing these wells but they were dry. These wells have been properly abandoned. In May 2017, the Johnson County Board of Supervisors requested to drill a new water well. This requires the City Code to be amended. The Code, as currently written, will not allow Johnson County or any other public entity to install a well when there is City water available. This ordinance change will allow a public entity to install a private water well as long as it is on property owned by that entity, the Public Works Director has determined the installation will not adversely affect the City water system and the City Manager determines it is in the public interest. The ordinance change will also establish that a geothermal well is not considered a private water well. M Prepared by: Emily Bothell, Assistant Trans. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5250 Ordinance No. Consider an ordinance amending Title 9, Entitled "Motor Vehicles and Traffic," Chapter 3, Entitled "Rules of the Road," Section 6, Entitled "Speed Restrictions," Subsection B, Entitled "Exceptions" to establish a maximum allowable speed of 35 mph on American Legion Road between the intersection of Scott Boulevard and Taft Avenue and amending Subsection C, Entitled "School Speed Zones" to establish a 20 mph school speed zone for Hoover Elementary School Whereas, City Code Section 9-3-6(B) currently defines speed limits for American Legion Road; and Whereas, it is in the best interest of the City to define maximum allowable speeds for all vehicles on public streets and highways; and Whereas, based on engineering judgment a 35 mph speed limit is recommended; and Whereas, the Engineering, Transportation and Planning departments concur that the American Legion Road speed limit can be safely decreased from 45 mph to 35 mph from Scott Boulevard east to Taft Avenue as defined below; and Whereas, this section of American Legion Road is partially located outside of the corporate limits, therefore the Johnson County Board of Supervisors will also consider approval of this speed limit change; and Whereas, it is in the best interest of the City to limit vehicle speeds near schools to 20 mph to create a safer environment for school children; and Whereas, City Code Section 9-3-6(C) currently defines 20 mph school speed zones for streets near elementary schools; Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Amendments. Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled 'Rules of the Road," Section 6, entitled "Speed Restrictions," Subsection B, entitled "Exceptions" is hereby amended by adding the following language: Maximum Speed Limit Name of Street (mph) Where Limit Applies American Between the intersection of Scott Boulevard and the Legion Road 35 intersection of Taft Avenue, except as set forth in Subsection C of this Section. 2. Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," Section 6, entitled "Speed Restrictions," Subsection C, entitled "School Speed Zones" is hereby amended by adding the following language: Name of Street Where Limit Aoolies American Legion Road Barrington Road From 150 feet east of Arlington Drive to a east of Barrington Road From American Legion Road to a point 800 feet south. 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 effective upon publication. Passed and approved this day of 2017. City Clerk Mayor Approved by City At4 rney's Office Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 07/18/2017 Voteforpassage: AYES: Throgmorton, Botchway, Cole, Dickens, Mims, Taylor, Thomas. NAYS: None. ABSENT: None Second Consideration _ Vote for passage: Date published that the I r 1 14 14 MR CITY OF IOWA CIT COUNCIL ACTION REPO 10 July 18, 2017 Consider an ordinance amending Title 9, Entitled "Motor Vehicles and Traffic," Chapter 3, Entitled "Rules of the Road," Section 6, Entitled "Speed Restrictions," Subsection B, Entitled "Exceptions" to establish a maximum allowable speed of 35 mph on American Legion Road between the intersection of Scott Boulevard and Taft Avenue and amending Subsection C, Entitled "School Speed Zones" to establish a 20 mph school speed zone for Hoover Elementary School Prepared By: Emily Bothell, Acting Sr. Transportation Engineering Planner Reviewed By: Kent Ralston, Transportation Planner Doug Boothroy, Neighborhood & Development Services Director Fiscal Impact: No impact Recommendations: Staff: Approval Commission: N/A Attachments: Ordinance Executive Summary: This proposed ordinance amendment precedes the August 2017 opening of the new Hoover Elementary School on American Legion Road and the reconstruction of American Legion Road in FY2020. Background / Analysis: This proposed amendment is meant to facilitate the implementation of a 20 mph school zone speed limit for Hoover Elementary on American Legion Road and on Barrington Road adjacent to the new school. This action will ensure there is consistency in speed limits amongst elementary schools. This action will also reduce the maximum allowable speed on American Legion Road to 35 mph in anticipation of the opening of the new Hoover Elementary School in August 2017.