Loading...
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.