HomeMy WebLinkAbout2021-03-16 OrdinanceItem Number: 23.
March 16, 2021
O rd inan ce amen d ing Titl e 9, en titled "Motor Veh icles an d Traffic," Ch apter 4,
entitl ed "Parkin g Reg u l ation s," Section 10, en titled "Parking for Loadin g an d
Un l oad ing," to estab l ish a cu rb side pick-u p an d del ivery sp ace. (F irst
Consid eration)
Prepared B y:Susan Dulek, A ss't. City A ttorney
Reviewed By:Geoff Fruin, City Manager
Darian Nagle-Gamm, Director of Transportation
F iscal I mpact:none
Recommendations:Staff: Approval
Commission: N/A
Attachments:ordinance
Executive S ummary:
W ith the increase of pick-up and delivery since the beginning of the C O V I D-19 pandemic, staff
recommends designating a space or spaces for short-term curbside pick-up and delivery in the
downtown. To incentivize adequate turnover in the space, it should be a separate offense every
10 minutes the vehicle remains in violation, which is the same provision that applies to all
passenger loading zones.
Background / Analysis:
Although Council can approve a space or spaces being set aside f or curbside pick-up and
delivery without amending the code, it would not be a separate violation until the vehicle remains in
violation for 30 minutes. I n order to allow f or stepped up enforcement, a code amendment is
required. Under the ordinance, a curbside pick-up and delivery space can be enforced every 10
minutes, which is the same time period for the enforcement of all passenger loading zone
violations.
AT TAC HM E NT S :
Description
ordinance
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
Ordinance amending Title 9, entitled "Motor Vehicles and Traffic,"
Chapter 4, entitled "Parking Regulations," Section 10, entitled
"Parking for Loading and Unloading" to establish a curbside pick-up
and delivery space.
Whereas, with the increase of pick-up and delivery since the beginning of the COVID-19
pandemic, parking space(s) in the downtown for short-term curbside pick-up and delivery
should be an option;
Whereas, to incentivize adequate turnover in the space, it should be a separate offense
every ten (10) minutes the vehicle remains in violation, which is the same provision that applies
to all passenger loading zones; and
Whereas, it is in the best interest of the City to establish a curbside pick-up and delivery
space with enforcement every ten (10) minutes.
Now, therefore, be it ordained by the City Council of the City of Iowa City:
Section I. Amendments.
1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 4, entitled 'Parking
Regulations," Section 10, entitled 'Parking for Loading and Unloading," is hereby
amended by adding the underlined text as follows and renumbering Subsection F to
Subsection G:
F. Curbside Pick-up and Delivery: No person shall stop stand or park a vehicle in a
space that has been officially designated and signed for Curbside Pick-up and Delivery
for more than ten (10) minutes and except to engage in curbside pick-up and delivery.
G. Enforcement: It shall be unlawful and a violation of the provisions of this section
for any owner or driver to permit a vehicle to remain in violation of this section. Every
thirty (30) minutes that a vehicle remains in violation after the vehicle is initially cited
shall constitute a separate and distinct offense. In the case of passenger loading zones
and curbside pick-up and delivery spaces every ten (10) minutes that a vehicle remains
in violation after the vehicle is initially cited shall constitute a separate and distinct
offense. The fees for each such parking offense shall be provided in the schedule of
fees set out in title 3, chapter 4 of this code.
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 effective upon publication
Ordinance No.
Page 2
Passed and approved this day of 2021.
Mayor
City Clerk
App ed by �{ %
City Attorney's Office
(Sue Dulek — 03/11/2021)
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
First Consideration 03/16/2021
Vote for passage: AYES:
Teague, Thomas. NAYS
Second Consideration _
Vote for passage:
Date published
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
Weiner, Bergus, Mims, Salih, Taylor,
None. ABSENT: None.
that the
Item Number: 24.
March 16, 2021
An ord inan ce amen d ing Titl e 4, en titled “Alcoh olic Beverag es,” Chap ter 1,
entitl ed "Defin ition s," to revise th e d efinition of "restauran t" for O u tdoor
Service Areas. (Secon d Con sideration )
Prepared B y:Danielle Sitzman, Development S ervices Coordinator
Reviewed By:Kellie Fruehling, City Clerk
Marnie Teagle, Code E nforcement Specialist
Sue Dulek, Ass’t City A ttorney
F iscal I mpact:
Recommendations:Staff: Approval
Commission: NA
Attachments:Ordinance
Executive S ummary:
T his agenda item will change the definition of restaurant used f or Outdoor Service A reas to
remove ref erence to specific kitchen equipment that may not be needed f or certain types of food
preparation and align it with a full-service food establishment as certified by the J ohnson County
Health Department.
Background / Analysis:
Due to health concerns during the C O V I D 19 pandemic, there has been an increased interest in
outdoor dining and drinking opportunities. Outdoor S ervice Areas offer one such opportunity.
Outdoor Service A reas are areas outside of but immediately adjacent to a building where beer or
liquor is to be sold, served, carried or consumed by the public are and are regulated by Title 4,
“A lcoholic Beverages”. T hey are considered as part of the licensed premises and are regulated
as an addendum to the liquor licensing process established in Title 4 and managed by the City
Clerk’s Office.
All O utdoor S ervice A reas must be located on private property and either in the rear or side of, or
on the rooftop of a building; must provide screening from public view; must limit their occupancy;
must limit and mitigate noise. A dditional specific restrictions on hours of operation, number of
allowed occupants, outdoor lighting, and food service are applied based on the zoning district in
which they are located. I n addition, in the Riverfront Crossings Z ones, C O-1, C N-1, C I -1, C C-2
the City C ouncil may impose additional conditions if conflicts with properties in an adjacent R
(residential) zone have been identified or are reasonably expected.
I n instances where food service restrictions are required, a definition of restaurant is used. The
current definition requires a kitchen to include all the following equipment regardless of the type of
food preparation actually required: a stove, a griddle, a grill or broiler, and a f ood refrigeration unit.
I n addition, no useful definition of this equipment is provided.
T his ordinance proposes revising the definition of restaurant to include a kitchen which has
adequate equipment for cooking, ventilation, cleaning, and food storage to meet the basic food
requirements of a f ull-service food establishment as certif ied by the J ohnson County Health
Department. T his change helps to ease administration of these provisions, streamline approval
for applicants, and allow additional establishment to provide Outdoor S ervice Areas while still
meeting all the other existing requirements.
AT TAC HM E NT S :
Description
Ordinance
Prepared by: Mamie Teagle 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO. 21-4851
Ordinance amending Title 4, entitled "Alcoholic Beverages," Chapter 1,
entitled "Definitions," to revise the definition of "restaurant" for Outdoor
Service Areas.
Whereas, there is an increased demand for outdoor seating areas associated with
restaurants, bars, hotels, and similar commercial uses due to COVID-19 restrictions; and
Whereas, outdoor areas on private property where alcoholic beverages are served for on-
site consumption are defined as "outdoor service areas" and rules for these areas are set forth
in Title 4, Alcoholic Beverages; and
Whereas, the current definition of "restaurant" lists specific kitchen equipment that may not
be needed for certain types of food preparation; and
Whereas, the revised definition of "restaurant" aligns Iowa City's requirements with those of
a full-service food establishment as certified by the Johnson County Health Department; and
Whereas, revising the definition will ease administration of these provisions, streamline
approval for applicants, and allow additional establishment to provide outdoor service areas;
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Amendments.
1. Title 4, entitled "Alcoholic Beverages," Chapter 1, entitled "Definitions," is amended by
adding the following underlined text and deleting the following strike -through text:
RESTAURANT: A business whose primary function is the service of food to customers and
which meets the following criteria:
A. Prepares meals on the premises and provides meal service to each floor of the premises
which is open to the public while the kitchen is open;
B. Has a food service menu from which customers may order;
C. Has an employee whose primary duty is the preparation of food and an employee whose
primary duty is to serve food to customers;
D. Hasa kitchen separate from the bar equipped with
E. Operates the restaurant service during at least sixty percent (60%) of the hours that the
business is open to the public; and
F. Holds itself out to be a restaurant and advertises itself as a restaurant if it advertises.
G. Includes a cafe, cafeteria, coffee shop, delicatessen, ice cream shop, lunchroom, or
tearoom.
Ordinance No. 21-4851
Page 2
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 16th day of march '2021.
ZAA�
or
Attest: V
City erk
A o d by 4
/
City Attorney's Office
(Sue Dulek - 02/25/2021)
Ordinance No. 21-4851
Page 3
It was moved by Mims and seconded by Thomas
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS
First Consideration _
Vote for passage:
Mims, Salih.
Second Consideration _
Vote for passage:
ABSENT:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
that the
03/02/2021
AYES: Taylor, Teague, Thomas, Weiner, Bergus,
NAYS: None. ABSENT: None.
Date published 03/25/2021
Moved by Mims, seconded by Taylor, 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 Lime.
AYES: Bergus, Mims, Salih, Taylor, Teague, Thomas, Weiner.
NAYS: None. ABSENT: None.