AGENDA City of University Heights, Iowa City Council Meeting Tuesday, August 27, 2019 Community Center - OUP 1302 Melrose Avenue

7:00-9:00 pm.

Meeting called by Mayor Louise From

Time Topic Owner

7:00 Call to Order Regular Meeting Roll Call Louise From

Approval of Minutes: July 9th regular council meeting and August 13th council meeting.

Louise From

7:05 Public Comments Public Input

Building, Zoning & Sanitation Committee Report -Discuss draft proposal of tree work on theSwisher Tract.-Consider appointing Terry Goerdt as interimrental housing inspector.

Virginia Miller

Streets and Sidewalks Committee Report

Engineer’s Report -Discussion of city sidewalk repairs.-Consideration of Resolution No. 19-38,accepting quotation for the 2019 Pavement Markings, awarding contract, and authorizing the mayor to sign contract.

Dotti Maher

Josiah Bilskemper

Administration:

-Mayor Mayor’s Report -Hotel Project update.

Louise From Jim Glasgow/Greg Stiltner

-City Attorney Legal Report -Consideration of Resolution No. 19-33,approving outdoor sales at the Hotel 901, LLC property, as contemplated by the PUD Development Agreement (as amended) previously adopted. -Consideration of Resolution No. 19-34,authorizing the mayor to sign and the clerk to attest the Stormwater Facilities Maintenance Covenant and Easement Agreement for ULP First Addition to University Heights. -Consideration of Resolution No. 19-35,authorizing the mayor to sign and submit the Iowa DNR MS4 (Municipal Separate Storm Sewer System) 5-year permit renewal application and $1,250.00 permit fee for the years 2020 to 2025. -Consideration of Resolution No. 19-36,approving the form of application and fees

Steve Ballard

Time Topic Owner

for communication technology equipment pursuant to Ordinance No. 215. -First Consideration of Ordinance No. 239,establishing rules and regulations for collection of solid waste, recycling material, and yard waste, and repealing Ordinance No. 93, Ordinance No. 94, and Ordinance No. 95. -Consideration of Resolution No. 19-37,granting a permit pursuant to Ordinance 159(2)(c) allowing residents to produce sound audible across property lines at or near the Stella parking lot, 1006 Melrose Avenue to host an event from 4:00 p.m. – 7:00 p.m. on October 6, 2019, to benefit Neighborhood Centers of Johnson County.

-City Clerk Chris Anderson

-City Treasurer

City Clerk Report

Treasurer’s Report/ Payment of Bills Lori Kimura

Committee Reports:

Community Protection Troy Kelsay

Nick Herbold

Finance Silvia Quezada

e-Government

Police Chief Report

Committee Report

Committee Report

Committee Report Liesa Moore

Announcement Anyone

9:00 Adjournment Louise From

Next Regular City Council Meeting is September 10, 2019: Community Center – OUP

August 2019 Building, Zoning and Sanitation report Virginia Miller

1) A draft of the RFP to remove trees for safety on Swisher has been circulated to council and to the tree board. I would like comments on this draft in writing by August 20th, 2019 so that I can incorporate all comments and circulate a new draft prior to the September regular council meeting. Here is my proprosed timeline:

August 13 - regular meeting August 20th - comments due September 1st - new draft circulated to tree board and council September 10th - consider RFP at regular council meeting September 11th - circulate RFP to solicit bids September 30th - contractor walk-through at 8am October 4th - bids due to the city clerk October 8th - contractor chosen at regular council meeting October 9th - winning bidder notified and work may begin November 15th - work must be completed

Kip Sheldon has volunteered to assist with the oversight of this project, so I have included his name in the contract as ‘city designee’. Thanks to Kip for this generous offer of time.

2) We need to replace our rental housing inspector. One option is to expand the duties of our existing building inspector to include rental properties. Terry Goerdt already has experience in this area, as he is the joint building and rental inspector for other municipalities in the area. We need someone in place quickly so that council can continue its work on issuing new rental permits. I propose we bring Terry on for an interim appointment so that he can assist us in establishing regulations for issuing new rental permits and end the moratorium, and then conduct a more thorough search for a permanent rental housing inspector next year.

Proposal for tree risk mitigation on the Swisher Tract in University HeightsThe following documents must be submitted as printed. No alterations, additions, or deletions are allowed. If the Bidder notes a requirement in the contract documents that the Bidder believes will require a conditioned or unsolicited alternate bid, the Bidder must immediately notify the the assigned University Heights city representative or their designee in writing. The city representative will issue any necessary interpretation by an addendum. The City and the successful bidder will enter into a contract for the work in a form prescribed by the City. The City reserves the right to reject all bids/proposals in whole or in part.

Name of Bidder:

Address of Bidder:

TO: City Clerk 1302 Melrose Avenue University Heights, Iowa 52246

Proposals may be emailed to city-clerk@university-heights.org by the deadline.

The undersigned bidder, having examined and determined the scope of the Contract, hereby proposes to provide the required labor, services, insurance, materials and equipment and to perform the Project as described in this document and to do all work at the prices set forth herein or as agreed upon by the city representative or the city designee.

The undersigned bidder certifies that this proposal is made in good faith, and without collusion or connection with any other person or persons bidding on the work.

The undersigned bidder further proposes to do all "Extra Work" which may be required to complete the work contemplated, at industry standard unit prices or lump sums to be agreed upon in writing prior to starting such work.

The undersigned bidder shall notify the city representative or designee of any discrepancies found on site during work that would delay the completion date of the project, require extra work to be done, require less work to be done (ie, trees fell on their own prior to work beginning) etc.

Name of bidder:

Signature:

Date:

Please attach proof of liability and workers compensation insurance.

The city representative for this contract will be Virginia Miller, virginia@university-heights.org.The city designee is Kip Sheldon, Kip.Sheldon@va.gov.

Details:

There are 30+ trees that need to be felled or removed from the site. There are two trees that need to be pruned of dead/decayed branches. See Addendum A for list.

All trees that need to be felled/removed are marked with white spray paint near the base. If additional removals are found by the contractor during work, please check with the city representative or designee before proceeding.

Brush tips shall be chipped and blown into the woods. Chips blown into the woods should be directed down into the ravine and spread out evenly. Chips may not be left in piles or adjacent to houses, trails, or flat areas.

Trees should be stump cut as low as is practical. Stumps will not be ground out as a part of this project.

Logs from the trees adjacent to the paths on Glencrest Drive and Prospect Place should be cut into straight sections four to twelve feet long and placed end to end to line the wooded side of the path. The city representative or designee may request additional logs be placed to line the edges of embankments or left on site to use as trail building materials. Logs not suitable for trail use or in excess of what is needed for trail building may be pushed into the woods if they can be directed down towards the ravines and not left in piles. Logs may also be removed from the site by the contractor.

There is one Tree of Heaven (Ailanthus altissima) listed on the addendum that needs to be cut and removed from the site, and the stump must be treated with glyphosate. Do not use Tordon or any other herbicides, glyphosate only. Any other Trees of Heaven found on site should be reported to a city representative or designee for additional payment consideration and also cut/stump treated and removed from the site.

Work must be completed between October 9th and November 15th 2019 unless otherwise agreed upon in writing by the city representative or designee.

Work may begin at 8am and must end by 6pm Monday through Friday. No work shall be conducted on Saturday or Sunday unless agreed upon in writing by the city representative or designee.

All workers on site must be properly trained by industry standards for the work outlined, outfitted in properly fitting PPE at all times including eye protection, hearing protection, chaps or chainsaw pants when operating a chainsaw. All applicable laws and industry standards governing safety shall be followed at all times.

Bids are due to the city clerk by Friday, October 4th 2019 at 5pm.

A contractor walk through will be conducted at 8am on Monday, September 30th to show the work site and answer questions. Meet Virginia Miller at the end of Sunset street (near 309 Sunset) at 8am to participate. Limited parking is available on the east side of Sunset street.

Site walk-throughs with the city representative will be conducted weekly or as needed to address questions that arise as work is being completed.

Work must be completed satisfactorily to the city representative or the city designee for the contractor to be paid in full.

There are power lines on Glencrest Drive. MidAmerican has already been out to the site to top a number of trees to be below line clearance so that the trees can be safely felled. If additional work by MidAmerican is necessary please contact the city representative right away so this can be arranged. The power can also be cut to the area during work if necessary, but it must be arranged in advance by the contractor.

Selection criteria: Bids will be scored on price, company reputation, and past history with doing this type of work.

Bid for work described in addendum A:

Bid for optional work detailed in addendum B:

Bid for cutting and treating any other Ailanthus altisssima found on site:

Bid rate for removing/felling any additional trees found on site during work:

Describe your company’s experience in doing work like this:

Describe plans for brush tips:

Describe plans for logs:

Describe any certifications or training your staff has had in forestry/aboriculture:

SUBCONTRACTORS:

The names of those persons, firms, companies or other parties with whom we intend to enter into a subcontract, together with the type of subcontracted work and approximate dollar amount of the subcontract, are as follows:

NAME OF SUBCONTRACTORS

TYPE OF WORK

APPROXIMATE COSTS

Addendum AList of trees to be felled/removed/taken down on the periphery of the Swisher property because they present a risk of failure and damage to persons or property. Mark Vitosh and Virginia Miller completed this survey on the morning of June 6th, 2019.

Trees that are to be pruned rather than removed are highlighted.

Area between 309 Sunset and 305 Sunset

1) large black oak with double leader and crack between stems located between 309 Sunset and 305 Sunset. Spar leaning toward house will need to be dropped to the ground/removed. Location coordinates 41.657776 -91.5776

Area north of 309 Sunset

2) Norway maple located immediately north of the garage of 309 Sunset, remove lower branches. 41.658096-91.55890 PRUNE ONLY, DO NOT REMOVE

On the east side of north Sunset street: listed in order from the north going south.

3) Mulberry with lots of dead lower branches, leaning over street. Fell or remove. 41.658152-91.558710

4) Mulberry with two stems, one dead. Remove or fell. 41.657915-91.5585925) Mulberry with lots of dead wood, leaning toward street, hollow. Fell or remove.

41.657934-91.558670

On the Sunset/Prospect gravel path, listed going from west to east

6) Box elder, remove or fell 41.657687-91.5585637) Hackberry, large hanger and dead branch, 41.657813-91.5584508) Mulberry, two 9” stems, fell 41.657878-91.5584229) Cottonwood snag, fell, 41.657881-91.55827110) 6” boxelder, fell 41.657943-91.55821411) large mulberry/elm growing together at Prospect side entrance, fell or remove.

41.657866-91.558115

Prospect Street end, listed from south to north

12) 24” locust, 12” hackberry, 10” locust all growing together in a clump, fell or remove 41.657933-91.558079

13) 40” dead elm, fell or remove 41.657983-91.557857

Glencrest Trail

14) 30” dead elm fell or remove 41.658035-91.55776115) 12” dead elm fell or remove 41.658011-91.55783716) 8” locust, heavy lean over street, remove 41.658023-91.55778617) 35” hackberry, leaning over street. Storm damaged 6/8/19, branches removed, snag

remains. Remove. 41.658115-91.55784418) locust 32” fell or remove 41.658080-91.55787419) Box elder 8” remove or fell 41.658177-91.55786320) Locust on trail 8” fell 41.658181-91.557818

21) box elder 10” dead stem, fell, locust 10” dead stem, fell (no location mark for these two)22) 18” locust very tall, tangled in utility lines , fell or remove 41.68291-911.55779023) box elder 12” dead, leaning fell or remove. 41.658495-91.55772924) red elm dead snag 12” fell 41.658326-91.55785725) farther off the trail: big dead elm, 2 stems, needs to be felled 41.658328-91.55792026) 16” dead elm, fell into the ravine 41.658542-91.55776227) tree of heaven 6” on south side of trial, remove and TREAT the stump28) huge cottonwood 40”+ remove dead stubs and evaluate health again next year

41.658570-91.557834 PRUNE ONLY, DO NOT REMOVE29) 8” black cherry, broken in half, needs to be dropped onto the ground 41.658683-91.55775930) huge cottonwood, double stem, 50”+ needs to be dropped onto the ground ASAP

41.658727-91.55784031) dead elm behind cottonwoods, fell into the woods32) 50”+ cottonwood, fell into the woods 41.658776-91.557828

Addendum BThere is brush and log pieces throughout the area. Some is from trees that fell naturally, some was left behind by MidAmerican Energy. Please provide a quote for chipping brush and either removing logs or pushing them farther into the ravine for the following areas:

1) along the east side of Sunset, north of the Prospect path.2) north of the Prospect path3) along both sides of the Glencrest path.

Materials must be spread out and not left in piles. This is an optional item that the city will decide whether to add onto the contract at the time the contract is awarded.

Project #1191020

MEMORANDUM TO: University Heights, Mayor, Council, and Staff

FROM: Josiah Bilskemper, P.E.

DATE: August 26, 2019

RE: City Engineer Report – August 2019

(1) Utility Work in Right-of-Way

a. Update: Work is in substantially complete, pending establishment of seed areas.

i. An excavation permit was issued to Unite Private Networks (UPN) for installation of underground conduit for fiber optic lines. The UPN project is installing a network of underground conduit within street rights-of-way of University Heights, Iowa City, the University of Iowa and the Iowa DOT.

b. Update: Work is substantially complete, awaiting seeding within right-of-way and

trimming of tree branches over the wide sidewalk. The existing 8-foot sidewalk and east side driveway entrance pavement were not damaged during construction, and do not need to be removed and replaced.

i. The University of Iowa is demolishing the University Club building and site

along Melrose Avenue. The building is being demolished and will include work in the City right-of-way to remove and replace the east driveway entrance and sidewalk once the demolition work is completed.

ii. We are assisting the Birkdale Owners Association with questions about their

private lift station agreement with the University as it relates to the demolition project and the University abandoning their sanitary sewer service lines into the shared lift station.

c. Update: A work in right-of-way permit was issued to a property owner to fix a private

storm drain, install a drain tile, and regrade a portion of the yard along the George Street cul-de-sac. The improvements were done to correct standing water and drainage issues. Work is substantially complete, pending establishment of seed.

d. Upcoming request for work in right-of-way anticipated for a property on Golfview

Avenue to connect a drain tile outlet from the gutter into the City subdrain system.

(2) Melrose and Koser Traffic Signal – Detection Loops

a. The City of Iowa City traffic department is assisting with ongoing calibration and fine tuning of the new detector loops with the traffic signal timing.

b. The detection loop replacement work approved at the June meeting has been

completed. The detection system is again functioning. (July Mtg.)

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Project #1191020 | August 26, 2019

(3) Swisher Tract – North Sunset Street and Prospect Court Observations

a. The Council asked at the July meeting for general observations of the existing roadway conditions of North Sunset Street and Prospect Court where they terminate at the Swisher Tract boundaries. There was also preliminary discussion of parking options and the handling of snow removal at the end of these roads.

b. North Sunset Street:

i. In general, the overall condition of the roadway pavement at the dead-end

location is good. The only vehicle traffic is access to a residential driveway at the very end of the street on the west side. The “end of road” warning signs are in good condition and are visible.

ii. Water that drains down the street has created a channel at the end of the

pavement over the years. Russ Boyer has filled in this channel with rock a few times over the last couple years, and this has stabilized the deeper channel that had been developing. We’ve asked Russ to again supplement this location with another load of rock to maintain this condition.

c. Prospect Court:

i. In general, the overall condition of the roadway pavement at the dead-end

location is good. The only vehicle traffic is access to a residential driveway at the very end of the street on the south side. The “end of road” warning signs are in good condition and are visible.

ii. There is a storm sewer intake in the north corner that is functioning well. As the

road is crowned in the middle, a portion of the south corner has been filled up with asphalt to try and get water to drain over to the storm intake on the other side of the street. There is some build-up of dirt and debris in the south corner.

1. The access point for the current path through the property from

Prospect Street to North Sunset Street is located at this south corner of the end of the street.

iii. There is a significant amount of brush and tree branches growing along the

north side of the road and overhanging into the street. There are also several dead trees in this area overhanging the street. Recommend the dead trees be removed, and the other brush and weeds that have overgrown the right-of-way, fire hydrant, and growing into the road itself be cleared out.

d. Common Issues at Both Locations:

i. It looks like 2 or 3 perpendicular parking stalls (90-degrees to the roadway)

could be constructed on the right side of the road (as you approach the dead end). This would require removal of several trees growing next to the edge of the road, and several feet of compacted fill and grading to bring the parking stalls up to the road elevation.

ii. If parking is considered, recommend perpendicular 90-degree stalls be used as

parallel parking spaces do not provide a method to turn around at the end of

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Project #1191020 | August 26, 2019

this narrow roadway. There is one driveway at the very end of the roadway that should not be made into a turnaround point.

iii. Recommend any parking on the east side be placed 50 to 100 feet south of the

end of the road. This keeps traffic away from the residential driveway, and away from the end of the road where snow is piled in the winter.

iv. Depending on the desired walking access into the Swisher Tract in this area,

additional concrete work, tree and shrub removal, grading and drainage pipes will likely be needed in the vicinity.

(4) Invoice – Concrete Panel Replacement

a. The warrants include an invoice from All American Concrete ($4,544.10) reflecting the cost to remove and replace two street panels on the east side of the Melrose and Sunset intersection. All American Concrete has a contract with City of Iowa City Water Division to remove and replace street panels at several locations in Iowa City where water main repairs required excavating through the street to reach the water main.

b. One street panel replaced was damaged from water main repairs and is paid by the

City of Iowa City. Two directly adjacent cracked panels (not related to the water main repair work) were able to be included in the repair work and within the traffic control that was already installed within the intersection.

c. All American concrete was agreeable to include replacement of the adjacent damaged

panels at the same unit prices as the Iowa City contract. The work is completed, and the measured areas are accurate. We recommend approval of the attached invoice.

(5) Permit Renewal – MS4 Permit (Municipal Separate Storm Sewer System)

a. The August 2019 City Attorney report includes the resolution and application form. Excerpts from the July engineer report is below. Once approved, application signed, and permit fee check issued, we will submit the application. The DNR will draft the new 5-year permit and send to the City at the beginning of next year for review.

b. The City’s required storm water system permit from the Iowa DNR renews every 5

years. This application form needs to be signed by the Mayor and requires authorization of a $1,250 permit check. The signed application and check are to be returned to the DNR by November 2, 2019. (July Mtg.)

(6) 2019 Pavement Markings

a. A quote for the annual pavement marking repainting project was received. Council will

consider Resolution No. 19-38 to award the contract. Attached is the resolution, quotation form and contract.

Please feel free to contact me if you have any questions about these or any other items. JDB

RESOLUTION NO. 19-38

RESOLUTION ACCEPTING QUOTATION FOR THE 2019 PAVEMENT MARKING PROJECT

WHEREAS, the University Heights City Council’s budget for FY2019-2020

includes funds for repainting pavement markings on city streets; and WHEREAS, the City Engineer solicited a quotation from a contractor

qualified to perform this work; and WHEREAS, L.L. Pelling Co. Inc. – Paint Division, submitted a responsible,

responsive quotation in the amount of $7,224.68 for repainting pavement markings on city streets; and

WHEREAS, the City Engineer recommends the City Council accept this

quotation and enter into a contract for repainting pavement markings on city streets with L.L. Pelling Co. Inc. – Paint Division; and

WHEREAS, the City Council desires to accept this quotation, NOW, THEREFORE, BE IT RESOLVED by the City of University Heights,

Iowa, that the Mayor is authorized to sign and the City Clerk to attest a contract for a total expenditure of no more than $7,224.68 for the repainting of pavement markings on city streets in the form attached as Exhibit “A”.

Upon motion by _____________________, and seconded by

_____________________, the vote was as follows:

AYE NAY ABSENT ABSTAIN Herbold _____ _____ ______ Maher _____ _____ ______ Miller _____ _____ ______ Moore _____ _____ ______ Quezada _____ _____ ______

Upon Roll Call thus recorded, the Resolution is declared adopted this 27th

day of August 2019.

_______________________________ Louise From, Mayor City of University Heights ATTEST: _____________________________ Christine M. Anderson, City Clerk

EXHIBIT "A"

August ’19 City Attorney’s Report

1. Regulating Refuse, Yard Waste, and Recycling [Repeat from July except where noted in highlight]. The City’s ordinances concerning refuse, yard waste, and recycling removal were due for an update in light of the new agreements with Johnson County for refuse, yard waste, and recycling removal services and with the City of Iowa City concerning billing for those services. • The prior Ordinances (No. 93, No. 94, and No. 95) had not been updated for many

years. You may link to them here: o Ordinance No. 93 (as amended by Ordinance No. 94: http://university-

heights.org/ord/ord093.pdf. o Ordinance No. 95: http://university-heights.org/ord/ord095.pdf.

• The Council will have first consideration of Ordinance No. 239, which brings City regulations concerning refuse, yard waste, and recycling into conformity with current practice and the new agreements with Johnson County Refuse and the City of Iowa City. (Although the Council adopted a version of Ordinance No. 239 previously, some minor changes have been made. As such, August will be the first consideration.)

• Ordinance No. 239 also repeals Ordinances No. 93, No. 94, and No. 95. • Ordinance No. 239 is attached in two forms:

o A “redlined” form showing changes from the version presented last month; and o A “clean” version that accepts those redlined changes.

2. Request to permit outdoor sales from Hotel 901 property. The PUD Development

agreement between the City and Hotel 901, LLC (to which University Lake Partners II, LLC assigned the agreement) says this about outdoor sales from the hotel property (highlights added by me):

Unless with the prior approval by Resolution of the City Council, no commercial use shall employ or have as an amenity or feature any sort of drive-through service area or walk up service window providing service to pedestrians or to motor vehicles.

• The hotel developers and the owner of Graze, the hotel’s rooftop restaurant, have asked

whether they could sell food from the area of the hotel property along Melrose Avenue on Game Days. o Food and beverage sales are clearly permitted on the hotel property by the PUD

Development Agreement, which specifically authorizes restaurants, cafés, and coffee shops.

o But sales to passing pedestrians are only allowed with Council approval. • The Council will consider Resolution No 19-33, which permits sales of food and non-

alcoholic beverages from the Hotel 901, LLC property on Game Days during the 2019 football season. The Resolution is attached.

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3. Hotel 901 Stormwater Management Agreement. The hotel developers were required by Ordinance No. 169 and the conditional approval of the PUD Development Agreement, as Amended, to submit a stormwater management and easement agreement. The agreement has been submitted. The City Engineer and City Attorney have reviewed and approved the agreement. The Council will consider Resolution No. 19-34 authorizing the Mayor to sign and the City Clerk to attest the Stormwater Management Facilities Maintenance Covenant and Easement Agreement for ULP First Addition to University Heights, Iowa (the hotel property). The Resolution, with the agreement included, is attached.

4. IDNR MS4 Permit Renewal. The Council will consider Resolution No. 19-35 authorizing the Mayor to sign and submit the City’s Iowa DNR MS4 (Municipal Separate Storm Sewer System) 5-year permit application and associated fee for 2020-2025. The Resolution also authorizes the City Treasurer to disburse the amount of the permit fee, $1,250.00. The City Engineer addressed this issue in his July 2019 report. The Resolution, with the application included, is attached.

5. Telecommunication Technology Equipment Application, Fees. Ordinance No. 215 provides that the Council may approve the application form and fees associated with proposed siting of telecommunication technology equipment. The Ordinance is attached for your reference. The City’s authority is restricted by FCC regulations and State law, including Iowa Code ch. 8C.• Verizon expects to submit an application to locate small wireless antenna on

MidAmerican Energy utility poles, as explained by Verizon representatives at recent meetings.

• The City’s authority to charge a permit fee for Verizon to attach to utility poles owned by a third-party (here, MidAmerican Energy) is limited. But the City may impose reasonable fees associated with reviewing applications.

• The Council will consider Resolution No. 19-36, approving an application form and associated fees. The Resolution is attached, but the details of the application itself are still being discussed by City Staff and will be circulated early next week. Ordinance No. 215 is attached for reference.

6. Swisher Tract Uses. The Council asked at the July meeting whether allowing public use of minimally improved, primitive trails on the Swisher Tract would trigger compliance with the American with Disabilities Act or other regulations (collectively “ADA”). In my opinion, maintenance or periodic repair of exiting trails does not require ADA compliance. Likewise, construction of new trails would only require ADA compliance if those new trails connect to a trailhead that is ADA compliant or another trail that is ADA compliant. As a policy matter, the Council may make trails on the Swisher Tract ADA compliant. But my understanding of the Tree Board proposal (to improve and/or construct primitive trails that do not connect to ADA-compliant trailhead or other trails and to place signage regulating use) would not require ADA compliance.

Leff/SEB/UH/UH Atty Reports/UHAttyRept August ‘19 legal report

RESOLUTION NO. 19-33

RESOLUTION AUTHORIZING SALES OF FOOD AND NON-ALCOHOLIC BEVERAGES FROM HOTEL 901, LLC PROPERTY ON 2019 HAWKEYE

FOOTBALL HOME GAME DAYS

WHEREAS, the City of University Heights, Iowa previously approved a PUD

Development Agreement, as Amended, submitted by University Lake Partners II, LLC (“the Developer”), providing for development of property known locally as 901 Melrose Avenue, as a hotel with related uses; and

WHEREAS, food and beverage sales expressly permitted on the hotel

property by the PUD Development Agreement, which specifically authorizes restaurants, cafés, and coffee shops; and

WHEREAS, the PUD Development Agreement further provides that sales

areas providing walk-up service to pedestrians are allowed only by Resolution approved by the City Council; and

WHEREAS, the Developer’s assignee, Hotel 901, LLC, requests that the

City Council permit sales of food and non-alcoholic beverages from the hotel property to pedestrians on home Hawkeye Football Game Days during the 2019 season; and

WHEREAS, the City Council finds and concludes that the PUD

Development Agreement contemplates that permission for such use might be granted and that the present request is reasonable,

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE

CITY OF UNIVERSITY HEIGHTS, IOWA, that sales of food and non-alcoholic beverages are permitted from property owned by Hotel 901, LLC to pedestrians on home Hawkeye Football Game Days during the 2019 season. Any such sales are subject to compliance with health codes and other rules and regulations established by University Heights City Ordinances, Johnson County Ordinances, and Iowa law.

Upon motion by , and seconded by , the vote was as follows:

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AYE NAY ABSENT ABSTAIN Herbold _____ _____ _______ _______ Maher _____ _____ _______ _______ Miller _____ _____ _______ _______ Moore _____ _____ _______ _______ Quezada _____ _____ _______ _______

Passed and approved this 27th day of August, 2019. Louise A. From, MAYOR ATTEST: Christine M. Anderson, CITY CLERK Steve/UH Resolutions/Resolution 19-33 authorizing outdoor sales from hotel property 08 27 19

RESOLUTION NO. 19-34

RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CLERK TO ATTEST THE STORMWATER MANAGEMENT FACILITIES MAINTENANCE

COVENANT AND EASEMENT AGREEMENT FOR ULP FIRST ADDITION TO UNIVERISTY HEIGHTS, IOWA.

WHEREAS, University Heights Ordinance No. 169 requires approval by the City

Council of the City of University Heights, Iowa of a Stormwater Management Facilities Maintenance Covenant and Easement Agreement when certain development occurs; and

WHEREAS, University Lake Partners II, LLC (“the Developer”) submitted a

Commercial Hotel PUD Plan Application dated December 6, 2017, as modified December 20, 2017, and December 27, 2017 (“the PUD Plan Application”) and submitted a 1st Amendment to Commercial Hotel PUD Plan Application dated May 15, 2018 (“the 1st Amendment to PUD Plan Application”); and WHEREAS, the Developer’s PUD Plan Application and the 1st Amendment to PUD Plan Application (jointly “the Commercial Hotel PUD Plan Application, as Amended”) proposes development of property requiring approval by the City of certain stormwater management facilities and easements (“the Development”); and

WHEREAS, the City Council of the City of University Heights, Iowa approved the Developer’s PUD Plan Application December 28, 2017, and approved the 1st Amendment to PUD Plan Application May 24, 2018, on certain conditions, one of which was approval by the City Council of a Stormwater Management Plan pursuant to Ordinance No. 169; and

WHEREAS, the Developer’s assignee, Hotel 901, LLC, has submitted a

Stormwater Management Facilities Maintenance Covenant and Easement Agreement for ULP First Addition to University Heights, Iowa, the real property comprising the Development; and

WHEREAS, the University Heights City Engineer has reviewed the Developer’s

submittal and recommends approval,

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY HEIGHTS, IOWA, as follows:

1. The Stormwater Management Facilities Maintenance Covenant and

Easement Agreement for ULP First Addition to University Heights, Iowa, submitted by Hotel 901, LLC, assignee of University Lake Partners II, LLC as part of the Commercial Hotel PUD Plan Application, as Amended (Sheet 3 and 5 to 1st Amendment to PUD Plan Application) is hereby approved.

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2. The Mayor is authorized to sign and the City Clerk to attest the

Stormwater Management Facilities Maintenance Covenant and Easement Agreement for ULP First Addition to University Heights, Iowa, in the form attached.

3. Condition No.3 set forth in the City Council’s Resolution No. 18-25, which was adopted May 24, 2018, approving on condition University Lake Partners II, LLC’s Commercial Hotel PUD Plan Application, as Amended, is satisfied and fulfilled.

Upon motion by , and seconded by , the vote was as follows:

AYE NAY ABSENT ABSTAIN Herbold _____ _____ _______ _______ Maher _____ _____ _______ _______ Miller _____ _____ _______ _______ Moore _____ _____ _______ _______ Quezada _____ _____ _______ _______

Passed and approved this 27th day of August, 2019. Louise A. From, MAYOR ATTEST: Christine M. Anderson, CITY CLERK Steve/UH Resolutions/Resolution 19-34 approving Stormwater Management Facilities 08 27 19

4

STORMWATER MANAGEMENT FACILITIES

MAINTENANCE COVENANT AND EASEMENT AGREEMENT

ULP FIRST ADDITION UNIVERSITY HEIGHTS, IOWA

UNIVERSITY HEIGHTS, IOWA

This agreement is made and entered into by and between Hotel 901, LLC, hereinafter

referred to as “Subdivider” and the City of University Heights, Iowa, a municipal corporation, hereinafter referred to as the “City”.

WHEREAS, the Subdivider desires to construct stormwater management facilities consisting of an underground stormwater detention facility, and stormwater conveyance swales, all in accordance with construction plans approved by the City, (collectively the “Facilities”), on real property identified on Exhibit “A” which is to be final platted as Lot 1, ULP First Addition, University Heights, Iowa, (Property), which will require approval of the City, and

WHEREAS, Subdivider agrees to grant to the City an easement over the entire Property (the “Easement Area”) for the City to enter upon the Property for the periodic inspection, maintenance, or repair of the Facilities from time-to-time, if necessary, and

WHEREAS, this Agreement is required pursuant to Sections 169.12(B) and (C) of the City’s Code of Ordinances, and

WHEREAS, the parties desire to set forth the terms and provisions of said Agreement as required by said ordinance.

NOW, THEREFORE, IT IS AGREED by and between the parties as follows:

1. That as a part of the Subdivider’s redevelopment of the Property, stormwater runoff for the Property shall be controlled through the installation, construction and maintenance by Subdivider of the Facilities on the real estate legally described on the attached Exhibit “A” located in the City of University Heights, Johnson County, Iowa, pursuant to plans and specifications previously approved by City, at Subdivider’s sole cost and expense.

2. Attached hereto as Exhibit “B” is the Operation and Maintenance Plan for the Facilities.

3. Attached hereto as Exhibit “C” is the maintenance schedule for the Facilities.

4. The Subdivider hereby covenants with the City that it is lawfully seized and possessed of the real estate described above, and that it has good and lawful right to convey it or any

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part thereof. This Agreement will remain in force as long as the Facilities are operational and until the Facilities are properly closed, or for a minimum of 25 years in accordance with University Heights Ordinance No. 169, whichever period is longer. This Agreement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land.

5. Subdivider covenants and agrees that the design, construction, repair and maintenance of the Facilities shall be in compliance with the ordinances of the City.

6. The City shall have an access easement on the Property for purposes of inspection of the Facilities as long as the Facilities are operational and until the Facilities are properly closed, or for a minimum of 25 years in accordance with University Heights Ordinance No. 169, whichever period is longer.

7. The Subdivider shall be responsible for the installation, operation, maintenance, repair, and reconstruction of the Facilities. The Subdivider shall make records of the installation, maintenance, and repairs of the Facilities, and shall retain the records for 5 years. These records shall be made available to the City during inspection of the Facilities and shall be submitted to the City at other reasonable times upon request.

8. If the Subdivider fails or refuses to meet the requirements of this Agreement, the City may (in accordance with Section 169.12(D) of University Heights Ordinance No. 169, which may be amended from time to time), upon thirty (30) days written notice, repair or cause to be repaired, the Facilities to their proper working condition, and submit an invoice for the repair to the Subdivider. In the event the invoice is not paid, the City may certify the amount to the Johnson County Treasurer for collection in the same manner as ordinary taxes.

9. In the event that the Facilities become a danger to public safety or public health, the City shall notify the Subdivider in writing that upon receipt of the notice, the Subdivider shall have two days or such additional time as the City, in its discretion, reasonably determines that the circumstances may require maintaining and/or repairing the Facilities. If the alleged violations or non-compliance have not been corrected by the Subdivider in a timely manner, the City may (in accordance with Section 169.12(D) of University Heights Ordinance No. 169, which may be amended from time to time), upon thirty (30) days written notice, repair or cause to be repaired, the Facilities to their proper working condition, and submit an invoice for the repair to the Subdivider. In the event the invoice is not paid, the City may certify the amount to the Johnson County Treasurer for collection in the same manner as ordinary taxes.

10. Subdivider grants and conveys to the City, an easement over the Property for the purposes of performing emergency repairs described in Section 9.

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11. Subdivider reserves the right to use said Property for purposes which will not interfere with the operation of the Facilities for the purposes for which it was originally installed; provided that the Subdivider shall not erect or construct any permanent structures, plant any trees, or drill or operate any well, in the location of the Facilities. Nothing herein shall be construed to prevent Subdivider from installing asphalt or pavement upon the surface of the Facilities.

12. In consideration of approval by the City of the foregoing Agreement and attached Exhibits, the Subdivider accepts the responsibilities set forth herein.

13. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall the Subdivider be deemed acting as the City’s agent during the original construction and installation of said improvements. The parties agree that the obligation to install the Facilities herein shall be in accordance with City specifications, and the obligation shall remain on the Subdivider until completion by the Subdivider, and until acceptance by the City, as provided by law.

14. The City shall indemnify the Subdivider against any loss and damage which shall be caused by the negligent exercise of any said ingress and egress, construction, use or maintenance by the City or its agents or employees in the course of their employment.

15. All notices provided by the City to the Subdivider under this Agreement shall be sent to the following:

Hotel 901, LLC c/o Mr. Greg Stiltner 340 Herky Drive North Liberty, Iowa 52317 With a copy to: Pugh Hagan Prahm PLC c/o Michael J. Pugh 425 E. Oakdale Blvd., Suite 201 Coralville, Iowa 52241

[Remainder of this page intentionally left blank]

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[Signature page to Stormwater Management Facilities Maintenance Covenant and Easement Agreement]

HOTEL 901, LLC By:

Joseph G. Stiltner, Manager By:

James P. Glasgow, Manager STATE OF IOWA ) ) ss: COUNTY OF JOHNSON )

This instrument was acknowledged before me on this _____ day of July, 2019, by Joseph G. Stiltner, as Manager of Hotel 901, LLC. Notary Public in and for said State STATE OF IOWA ) ) ss: COUNTY OF JOHNSON )

This instrument was acknowledged before me on this _____ day of July, 2019, by James P. Glasgow, as Manager of Hotel 901, LLC. Notary Public in and for said State

8

CITY OF UNIVERSITY HEIGHTS, IOWA By: Louise From, Mayor By: Chris Anderson, City Clerk STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) On this _______ day of _____________________, 2019, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Louise From and Chris Anderson, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of University Heights, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council; and that Louise From and Chris Anderson acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it and them voluntarily executed. Notary Public in and for said State

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EXHIBIT “A”

LEGAL DESCRIPTION

TRACT ONE:

Commencing at the North Quarter Corner of Section 16, Township 79 North, Range 6 West, of the Fifth Principal Meridian, University Heights, Johnson County, Iowa; Thence S89°28’47”W, along the North Line of the Northeast Quarter of the Northwest Quarter of said Section 16, a distance of 660.02 feet; Thence S05°11’19”E, 118.35 feet, to a Point on the Westerly Right-of-Way Line of the Iowa Interstate Railroad and the POINT OF BEGINNING; Thence S47°21’06”E, along said Westerly Right-of-Way Line, 636.00 feet; Thence N42°38’54”E, along said Westerly Right-of-Way Line, 25.00 feet; Thence N08°39’35”W, along said Westerly Right-of-Way Line, 39.99 feet; Thence S47°21’06”E, along said Westerly Right-of-Way Line, 235.09 feet; Thence S89°01’27”W, 605.92 feet, to a point on the East Line of “a subdivision of the east one acre of the NW ¼ of the NE ¼ of the NW ¼ of Sec. 16 TWP. 79 N. Range 6 West of the 5th PM”, as recorded in plat book 4 at page 106 of the records of the Johnson County Recorder’s Office; Thence N04°36’49”W, along said East Line 269.98 feet; Thence N04°50’17”W, along said East Line, 122.98 feet; Thence N05°11’19”W, along said East Line, 151.52, to the Northeast Corner thereof, and the Point of Beginning. Said Tract One contains 3.53 Acres.

To be final platted as Lot 1, ULP First Addition, University Heights, Iowa.

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EXHIBIT “B”

OPERATION AND MAINTENANCE PLAN

The Subdivider shall maintain records for all inspections and maintenance as described below.

The Subdivider shall contact the City of University Heights (City Clerk and City Engineer) prior to making any repairs to the Facilities.

The following activities shall be performed:

1. Subdivider shall perform all needed weeding, dead-heading, mulching or mulch removal, sediment removal, litter removal and vegetation cut back.

2. Subdivider shall cut all plants to a uniform height between 3 and 4 inches during the first maintenance session of the season.

3. During first maintenance of the season, Subdivider shall also clean out of inlet and outlet structures, including complete removal of debris, sediment, and trash.

4. Subdivider shall maintain a 2” – 3” layer of mulch in planting areas. Mulch to meet requirements of original contract documents and/or approval of the City of University Heights.

5. Subdivider to cut forbs (if present) to a height of 3” – 4” during the last maintenance session of the season.

6. Native grasses, if present, provide winter interest and shall not be cut in the fall.

7. Subdivider shall take special care to avoid compaction of amended soils with equipment or personnel.

8. Subdivider shall be responsible for all maintenance of stormwater borders including landscape retaining walls and stone, shoreline areas, etc.

9. Subdivider shall remove all vegetative waste from site in a timely manner and properly dispose of said waste.

10. Subdivider shall remove all litter and trash from site in a timely manner and properly dispose of said material.

11. Subdivider shall notify the City of any threats to public health that may be discovered during stormwater maintenance activities.

12. Subdivider shall notify the City of University Heights if excessive settling of the planting bed is observed within the Bio-retention facilities. Upon authorization,

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the Subdivider shall be responsible for installing additional material to restore the design grades.

Underground Stormwater Detention Facility:

The following activities should be performed:

1. The Subdivider shall inspect inlet and outlet structures and remove any accumulated debris and ensure they are operational.

2. The Subdivider shall monitor sediment accumulation within the detention facility. When the average depth of sediment exceeds 3 inches throughout the length of the Isolator Row, it shall be cleaned out in accordance with the Manufacturer’s operation and maintenance manual.

3. The Subdivider shall note signs of hydrocarbon build-up and remove appropriately.

4. The Subdivider shall check for signs of eutrophic conditions.

5. The Subdivider shall check any mechanical devices such as aerators and/or bubblers.

Stormwater Conveyance Swales:

The following activities should be performed:

1. The Subdivider shall inspect storm sewer structures within the swale and remove any accumulated debris and ensure they are operational.

2. The Subdivider shall inspect the conveyance swales and ditches looking for areas of bare soils and/or gullies caused by soil erosion. If present, these areas shall be regraded to remove gullies, seeded, mulched, and watered as required to achieve good vegetative cover.

3. The Subdivider shall maintain vegetation within the swales and ditches to a height greater than 2” but less than 4” high consistent with turf grass requirements.

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EXHIBIT “C”

MAINTENANCE SCHEDULE

During the first year, inspections and associated maintenance shall be performed no less than nine times beginning April 1st and continuing through October 1st with no more than 30 days between subsequent inspections and maintenance activities.

During the second year and all subsequent years, inspection and associated maintenance shall be performed once a month beginning April 1st and continuing through October 1st or more frequently if necessary to control weed growth.

Underground Stormwater Detention Facility:

Inspect the Facility within 60 days of construction of new outlet structure

Four periodic inspections of system within the first year of operation

Inspect system after each 100-year storm occurrences as measure at the National Weather Service reporting station at the Iowa City Regional Airport

Inspect annually each subsequent year

Stormwater Conveyance Swales:

Inspect the Facility within 60 days of final grading and seeding

During the first year, inspections and associated maintenance shall be performed no less than nine times beginning April 1st and continuing through October 1st with no more than 30 days between subsequent inspections and maintenance activities.

Inspect annually each subsequent year.

RESOLUTION NO. 19-35

RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND SUBMIT THE IOWA DNR MS4 (MUNICIPAL SEPARATE STORM SEWER SYSTEM)

5-YEAR PERMIT RENEWAL APPLICATION FOR 2020-2025 WITH THE $1,250.00 PERMIT FEE

WHEREAS, the City Council of the City of University Heights, Iowa hereby authorizes the Mayor to sign and submit the Iowa DNR MS4 (Municipal Separate Storm Sewer System) 5-year permit renewal application in the form attached and $1,250.00 permit fee for the years 2020 to 2025. The City Treasurer is authorized to submit payment to IDNR in the amount of the permit fee ($1,250.00).

Upon motion by , and seconded by , the vote was as follows:

AYE NAY ABSENT ABSTAIN Herbold _____ _____ _______ _______ Maher _____ _____ _______ _______ Miller _____ _____ _______ _______ Moore _____ _____ _______ _______ Quezada _____ _____ _______ _______

Passed and approved this 27th day of August, 2019. Louise A. From, MAYOR ATTEST: Christine M. Anderson, CITY CLERK Steve/UH Resolutions/Resolution 19-35 authorizing IDNR MS4 permit app and fee 08 27 19

. .

IOWA DEPARTMENT OF NATURAL RESOURCES GOVERNOR KIM REYNOLDS

LT. GOVERNOR ADAM GREGG • ACTING DIRECTOR BRUCE TRAUTMAN

CERTIFIED MAIL

May 15, 2019 RECEIVED JOSIAH BILSKEMPER SHIVE-HATTERY, INC 2839 NORTHGATE DR IOWA CITY IA 52245-9569

RE: Municipal Separate Storm Sewer Permit (MS4) permit renewal, Permit No. 52-90-0-02

Dear Mr. Bilskemper:

.JUN 0 4 2019

SHIVE-HAITERY IOWACITY

As you may know, on April 30, 2020 the Municipal Separate Storm Sewer System (MS4) permit issued to the City of University Heights will expire. As stated in the permit, the City is required to file for renewal of this permit no later than November 2, 2019. Enclosed you will find form 542-8039 on which some basic infortnation regarding the permittee is to be submitted to the Department. Any modifications wanted in the new permit should be submitted along with this information. Consideration will be given to these requested changes when the new permit is being written. A fee payment of $1250.00 is also required to be submitted in order for the application to be considered complete.

If you have any questions or comments concerning this matter please contact me at 515-725-8417 or at joe.griffin@dnr.iowa.gov

Sincerely,

ft/.Mt' Joe Griffin NPDES Section Environmental Protection Division

Enclosure: Form 542-8039

502 EAST 9th STREET I DES MOINES, IOWA 50319-0034

PHONE 515-725-8200 FAX 515-725-8202 www.iowadnr.gov

City of University Heights, Iowa

167.4 Acres (0.26 Sq. Mile)

Willow Creek and Iowa River

Shive-Hattery, Inc.Attn: Josiah Bilskemper, PE 2839 Northgate Drive

Iowa City IA 52245 319 354 - 3040

Shive-Hattery, Inc.Attn: Josiah Bilskemper, PE 2839 Northgate Drive

Iowa City IA 52245 319 354 - 3040

Louise A. From Mayor

The following certification must be signed by the principal executive officer or the ranking elected official of the city or university for which permit coverage is sought. If more than one city or a city and university are applying for coverage with this application together, the certification must be signed by the individual designated in the 28E agreement. If applicable, a copy of this agreem~nt must be provided with the application.

CERTIFICATION I certify under penalty of law that this document was prepared under my direction or supervision in accordance with a system designed to assure that qualified people properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, this information is to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. NAME (please print) TITLE:

SIGNATURE: DATE:

04-2008 542-8039

RESOLUTION NO. 19-36

RESOLUTION APPROVING APPLICATION AND RELATED FEES FOR SITING AND PLACEMENT OF TELECOMMUNICATION

TECHNOLOGY EQUIPMENT

WHEREAS, Ordinance No. 215 provides that the City Council of the City of University Heights, Iowa may approve an application for siting and placement of telecommunication technology equipment; and

WHEREAS, Ordinance No. 215 also provides that the City Council may, to

the extent not prohibited by Federal or State law, establish fees for reviewing permits using public right-of-way for siting and placement of telecommunication technology equipment,

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE

CITY OF UNIVERSITY HEIGHTS, IOWA, that the application form attached as Exhibit “A” and the permit application and usage fees set forth therein are adopted, ratified, approved, and established for siting and placement of telecommunication technology equipment.

.

Upon motion by , and seconded by , the

vote was as follows: AYE NAY ABSENT ABSTAIN Herbold _____ _____ _______ _______ Maher _____ _____ _______ _______ Miller _____ _____ _______ _______ Moore _____ _____ _______ _______ Quezada _____ _____ _______ _______

Passed and approved this 27th day of August, 2019. Louise A. From, MAYOR ATTEST: Christine M. Anderson, CITY CLERK Steve/UH Resolutions/Resolution 19-36 approving telecom permit and fees 08 27 19

Resolution No. 19-36

Exhibit “A”

CITY OF UNIVERSITY HEIGHTS, IOWA APPLICATION – COMMUNICATION TECHNOLOGY EQUIPMENT

To Be Completed By City Staff

Application Number: Accepted By:

Date Application deemed Complete: Due Date for Zoning Commission Report:

To Be Completed by Applicant

1. Applicant:

Contact Person:

Address:

Phone: Email:

2. Licensed Entity Name (Full Legal Name):

State of Incorporation:

Notification Address:

Billing Address:

3. Property Owner (if outside of City right-of-way):

Contact Person:

Address:

Phone: Email:

4. Owner – Third Party Structures:

Contact Person:

Address:

Phone: Email:

5. Installation Contractor:

Contact Person:

Address:

Phone: Email:

6. Contact Info Firm and Contact Name Phone E-Mail

Signatory

Legal

Notification

RF Engineer

Construction Engineer

Real Estate / Site Acq

24-Hr Emergency Contact

7. Type of Application:

Cellular Antenna Tower Small Cell Tower New Communications Structure

Small Wireless Facility on Third-Party Structure Other

8. Construction Start Date:

9. Construction Completion Date:

10. Date Facilities Begin Operating:

11. Location(s) (General Description / Address): (If multiple locations, attach a separate sheet)

12. Present Zoning Designation(s):

13. Pre-application Meeting Held? Attendees:

14. The foregoing information and attachments are true and accurate to the best of my knowledge

Date Signature of Applicant

Print Name

Criteria applicable to work within the City right-of-way:

A. No construction work may occur on the Friday, Saturday or Sunday of any home Iowa football game weekend. All sidewalks and roadways must also be open (and paved) on these weekends.

B. It is the responsibility of the contractor to keep all work and installed utilities within the City right-of-way

C. No work shall be done between the hours of 9:00 PM and 7:00 AM.

D. Traffic control, both vehicular and pedestrian, shall be in accordance with the MUTCD, latest edition. Pedestrian

traffic control signs, barricades and detours are required whenever sidewalks are impacted by the work, and all unattended open excavations within the right-of-way shall be fenced.

E. Iowa One-Call shall be contacted to have buried utilities located prior to any excavation. Storm sewer mapping is

available from the City Engineer. The sanitary sewers and water mains within University Heights are owned, operated and maintained by the City of Iowa City.

F. All areas disturbed within the right-of-way (including tire tracks or rutting from equipment) shall be restored. The applicant is responsible for watering and care of the disturbed areas until they are established. The City Engineer shall determine if disturbed areas have been restored to an equal or better condition. If directed to install sod, the work will be in accordance with SUDAS Specification 9020.

G. When damaged, pavement and sidewalks are to be replaced in full panels. This includes core drilling holes when locating existing utilities, or any other damage related to the construction. The contractor shall coordinate the location and dimensions of all pavement to be removed and replaced with the City Engineer. The SUDAS specifications and details (current edition) shall be used for pavement reconstruction. The contractor is responsible for providing 48-hour advance notice to the City Engineer to schedule subgrade compaction and

concrete testing for new pavement. The applicant shall reimburse the City of University Heights for all costs associated with materials testing work required for pavement replacement.

H. All paved surfaces are to be protected per Section 7 of University Heights Ordinance #88: “Backhoe equipment outriggers shall be fitted with rubber pads whenever outriggers are placed on any paved surface. Tracked vehicles are not permitted on paved surfaces unless specific precautions are taken to protect the surface. The permittee will be responsible for any damage to existing pavement caused by operation of such equipment.” Refer to University Heights Ordinance #88 for all regulations regarding excavations within the city right-of-way.

CITY OF UNIVERSITY HEIGHTS, IOWA SUBMISSION MATERIALS – COMMUNICATION TECHNOLOGY EQUIPMENT

The following information is required to be submitted with the Application before it will be considered complete:

� All submission materials identified in Section 215.08 of University Heights Ordinance 240.

� A written description and map showing the coverage area of the provider’s existing facilities in the general and site-specific areas that are the subject of the Application.

� A statement of the telecommunications objectives for the proposed location, whether the proposed facility is

necessary to prevent or fill a gap or capacity shortfall in the Applicant or provider’s service area, whether it is the least obtrusive means of doing so, and whether there are any alternative sites that would have fewer aesthetic impacts while providing comparable service.

� A statement by an authorized representative that the Applicant or provider holds all applicable licenses or other

approvals required by the Federal Communications Commission, and any other agency of state or federal government with authority to regulate telecommunications facilities that are required in order for the Applicant to construct the proposed facility.

� A statement by an authorized representative that the Applicant or provider is in compliance with all conditions

required for such license and approvals.

� A full description and dimensions of all communications structures and equipment proposed to be installed.

� A site development plan, signed and sealed by a professional engineer registered in Iowa, showing locations of proposed structures and equipment, and existing structures within five hundred (500) feet of the proposed site. For applications in which multiple facilities are proposed, an overall site development plan showing all proposed locations must be provided. A current aerial image shall be utilized or overlaid on the site plan.

� A vertical profile sketch or drawing of the communications structures, signed and sealed by a professional

engineer registered in Iowa, indicating the height, dimensions and placement of all equipment.

� Written approval from the property owner stating the Applicant or provider has permission to construct a facility on their property. In the case of installations on third-party owned structures, written approval must be submitted from the duly authorized representative of the third-party holding ownership.

� Photographs of view shed at each proposed location, taken in at least four directions, and photograph of

proposed installation location with the equipment drawn or superimposed on the photograph, shown to scale.

� Description of type and ownership of existing overhead utilities within five hundred (500) feet of the proposed facility location.

� Traffic Control Layouts (pedestrian and vehicular) at each proposed location (per the Manual on Uniform Traffic Control Devices (MUTCD), latest edition), and site construction fencing details.

� The project specifications for the construction and installation, including site restoration and maintenance plans.

� Cut sheets and specifications of all proposed equipment, including but not limited to antenna, switches, meters, external wireway systems, relay units, banding and mounting equipment, and any other necessary equipment.

� Notes, details and schematics of the grounding system and layout, handhole or pull box locations and details (with dimensions), utility routing plan, and power and fiber routing details at the pole.

Per ordinance, the application, fee, and all submission materials shall be submitted to the City Clerk. The application review fee is $500.00 for applications address up to 5 small wireless facilities on structures not publicly owned and an additional $50.00 for each small wireless facility address in an application in excess of 5. Make checks payable to the “City of University Heights.”

ORDINANCE NO. 215 (as amended)

AN ORDINANCE REGULATING USE OF CITY PROPERTY, INCLUDING CITY RIGHT-OF-WAY, AND ESTABLISHING A PROCESS FOR LOCATING EQUIPMENT

RELATED TO COMMUNICATION TECHNOLOGIES 215.01 Purpose and Policy 215.02 Definitions 215.03 Local Regulation 215.04 Facilities Located on City Property 215.05 Locating Small Wireless Facilities in Residential Zones 215.06 Setback and Maximum Height Requirements 215.07 Abandonment 215.08 Process for Considering Applications 215.09 Home Rule 215.10 Effective Date 215.01 PURPOSE AND POLICY. The City Council of the City of University Heights, Iowa, finds that in order to promote and protect public health, safety, and welfare; to secure the right of the City to regulate its public property and charge a reasonable fee for use of public property, including City right-of-way; to provide efficient delivery of services by the City and others wishing to utilize communication technologies; and to provide for the regulation and administration and orderly location of communication equipment, it is necessary for the City to establish these uniform rules, regulations and policies. 215.02 DEFINITIONS. As used in this chapter: "Antenna" means a device, dish, or array used to transmit or receive telecommunication signals associated with a “wireless facility”, as that phrase is defined by Iowa Code § 8C.2, as presently existing or hereafter amended.

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"Communications structures" means the electronic, telephonic, or other high-tech transmission, reception, or exchange of data or information between or among points specified by the user of information of the user's choosing, without change in the form or content of the information as sent or received. "Communications" means towers, pole, or similar structures that support a communications antenna operated for commercial purposes above ground in a fixed location, whether free standing, guyed, or on a building. "Height" means the distance from ground level at the base of the tower or the base of any supporting structure to the top of the tower or structure including any antenna(s) or other appurtenances. 215.03 LOCAL REGULATION. The Telecommunications Act of 1996 prohibits the City from establishing policies that discriminate against one or a group of providers in favor of another or another group of providers or potential providers. The following objectives shall be applied consistently to all telecommunications providers that request a location for their communication towers and antennas:

1. To minimize the overall number of communications towers located in the City, providers may be required to participate in collocation agreements where permitted by law. 2. To ensure that new communications towers, excluding those affixed to utility poles or Small Wireless Facilities (“SWF”) support structures, will blend into their environment, providers will propose designs consistent with site characteristics. 3. To maximize safety, new communications towers excluding City-owned structures, antennas attached to utility poles, and SWFs, will be located away from population and employment centers and siting of new towers will include fall zone setbacks as specified herein.

This Ordinance intends to establish rights, responsibilities, and procedures consistent with Federal and State Law, including Iowa Code ch. 8C, and not in conflict or derogation of those laws. 215.04 FACILITIES LOCATED ON CITY PROPERTY.

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1. Lease Required. Unless otherwise provided by Iowa law, no communications structures, no communications tower, antenna, or other equipment, appurtenance, or facility shall be located or use any public property, including City right-of-way, whether above, below, or at grade, without first obtaining a lease or receiving a franchise from the City. Such lease may specify payment of adequate rent or other consideration as deemed appropriate and reasonable by the City Council and in accordance with State law. Notwithstanding the foregoing, a new lease or other interest will not be required for location and use of SWFs attached to any third-party owned structure, or support structure installed by applicant, lawfully located within or upon City-right-of way or other City property. 2. Insurance Required. The owner of the communications tower, antenna, or other equipment, appurtenance, or facility will produce proof of liability insurance, in an amount specified by the City, for potential injury and damage that could reasonably be caused to City personnel, property and facilities, and other property and casualty loss, by the location of the communications towers, antennas or facilities on City property, including City right-of-way. 3. Priorities. In determining whether to grant an application for use of City right-of-way or other City owned property, including City right-of-way and structures, will be given to the following entities in descending order of priority:

A. All functions of the City. B. Public safety agencies that are not part of the City, including law enforcement, fire and ambulance services, and private entities with public safety agreements with the City. C. Other governmental agencies for uses not related to public safety. D. Entities providing communication services, including cellular, personal communication services, specialized mobilized radio, enhanced specialized mobilized radio, paging and similar services that are marketed to the general public for business and/or personal use.

4. Placement of Facilities. The placement and maintenance of communication towers, antennas, or other equipment, appurtenances, or facilities on City-owned property, including City right-of-way

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represents a potential conflict with the purpose of City-owned property, including City right-of-way. Communication towers, antennas, or other equipment, appurtenances, or facilities will be considered for location only on portions of City property, including City right-of-way, that is as remote and distant as possible from places where people regularly live, work, or gather and must be limited in size and character so as to minimize the impact to adjacent property owners; provided, however, that the location preferences set forth in this Section will not apply to location and use of SWFs attached to third-party owned structures, City-owned support structures, or support structures installed by applicanr, lawfully located within or upon City right-of-way or other City property. It is the expressed preference, policy, and goal of the City to locate any and all communication towers, antennas, or other equipment, appurtenances, or facilities below grade. 5. Leases Exclusive to Lessee. Any lease entered into by the City for use of City property, including City right-of-way, shall be exclusive to the lessee identified in the lease and may not be assigned without prior written approval by the City Council, unless otherwise stipulated within such lease. No lessee may enter into a sublease or permit others to access or enjoy rights under the lease without prior written approval by the City Council. 6. Application for Lease/Use of R.O.W. Any person or entity proposing to locate communication towers, antennas, or other equipment, appurtenances, or facilities on City-owned property, including City right-of-way, or otherwise proposing to use City property, including City right-of-way, shall complete an application (in the form attached or as otherwise amended by the City Council by resolution) to the City Engineer. 215.05 LOCATING SMALL WIRELESS FACILITIES IN RESIDENTIAL ZONES To the extent authorized by Iowa law, this Ordinance hereby proscribes locating communications facilities, including wireless facilities, small wireless facilities, and micro wireless facilities in the R-1 Single-Family Residential Zone, as established and defined by the City Zoning Ordinance. Locating small wireless facilities in the R-1 Single-Family Residential Zone constitutes and is hereby declared a special or conditional land use. Any person or entity desiring to locate small wireless facilities, including new wireless support structures, in the R-1 Single-Family Residential Zone must obtain a special or conditional land use permit from the City Council after showing

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that the proposed use is reasonably necessary and will not be detrimental to neighborhood aesthetics and preserving clear lines of sight and view or otherwise detrimental to public health, safety and welfare. 215.06 SETBACK AND MAXIMUM HEIGHT REQUIREMENTS. 1. Where permitted, a communications tower or other equipment, appurtenance, or facility must be set back from all lot lines a distance equal to or greater than the tower height. Notwithstanding the foregoing, this set-back restriction shall not apply to SWFs attached to third-party owned structures, City-owned support structures, or support structures installed by applicant, lawfully located within or upon City-right-of-way or other City property. 2. Where permitted, a communications tower or other equipment, appurtenance, or facility, excluding SWF support structures, may not extend to a height that is the lesser of the following, unless otherwise provided by Iowa law:

a. The height restrictions of the Zoning Ordinance; b. Forty feet (40’) above the ground level at the base of the facility; or c. Ten feet (10’) above the tallest utility pole within five hundred feet (500’) of the facility that existed July 1, 2017.

3. Where permitted, communications towers or other equipment, appurtenance, or facility located on the roof of a structure must be set back at least one foot from the edge of the roof of the structure. This setback requirement shall not apply to communications facilities located above the roof of the structure, if the facilities are:

A. Appropriately screened from view through the use of panels, walls, fences or other screening techniques approved by the City; or B. Camouflaged antennas that are mounted to the exterior of the antenna support structures below the roof but do not protrude more than 24 inches from the side of such an antenna support structure.

215.07 ABANDONMENT.

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In the event the use of any communication towers, antennas, or other equipment, appurtenances, or facilities have been discontinued for a period of one hundred eighty (180) consecutive days, the communication towers, antennas, or other equipment, appurtenances, or facilities shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the City Council, which shall have the right to request documentation and/or affidavits from the owner of the communication towers, antennas, or other equipment, appurtenances, or facilities regarding the issue of tower usage. At 181 days after the date of abandonment, without reactivating or upon completion of dismantling or removal, any City approval for the communication towers, antennas, or other equipment, appurtenances, or facilities shall automatically expire. Upon abandonment, the owner of the communication towers, antennas, or other equipment, appurtenances, or facilities shall have 90 days within which to dismantle and remove the communication towers, antennas, or other equipment, appurtenances, or facilities. If not done within this 90 day period, the City may dismantle and remove the communication towers, antennas, or other equipment, appurtenances, or facilities with all costs assessed to the owner. 215.08 PROCESS FOR CONSIDERING APPLICATIONS. The following procedures shall apply to all proposed communication towers, antennas, or other equipment, appurtenances, or facilities or antenna facilities on public or private property, and to all other proposed uses of City property, including City right-of-way. 1. Submission Materials and Basis for Approval or Denial. To the extent not prohibited by applicable State or Federal law, the following information shall be submitted to the City Clerk and will be used by the City in review of the application:

A. The application and accompanying fee as set by the City Council. B. One copy of specifications for all proposed structures, including a description of the design characteristics and material to be used. C. A site plan drawn to scale showing existing features including property lines; existing structures and other improvements; all structures within 200 feet of the proposed location; proposed features including location and height of all communication towers, antennas, or other equipment, appurtenances, or facilities; guy wires and anchors;

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photographs or elevation drawings depicting design of the proposed structures; parking; fences; and landscape plan. D. A current map or update for an existing map on file showing the locations of the owner's existing and proposed communication towers, antennas, or other equipment, appurtenances, or facilities. E. A report from a structural engineer showing the capacity of all communication towers, antennas, or other equipment, appurtenances, or facilities by type and number, if applicable, and a certification that the communication towers, antennas, or other equipment, appurtenances, or facilities are designed to withstand winds in accordance with ANS/EIA/TIA-222 (latest revision) standards, as well as a proposed plan and schedule for periodic maintenance and inspection of the communication towers, antennas, or other equipment, appurtenances, or facilities by qualified parties. F. Identification of the owners of all proposed communication towers, antennas, or other equipment, appurtenances, or facilities. G. Written authorization from the site owner for the application. H. Evidence that a valid FCC or other Federal or State license for the proposed activity has been applied for or issued if such licensing is required for the proposed communication towers, antennas, or other equipment, appurtenances, or facilities. I. An analysis that shows the potential visual impacts of the communication towers, antennas, or other equipment, appurtenances, or facilities, as directed by the City Engineer. The analysis may be required for up to 6 different vantage points to understand and present fully the impact on University Heights and surrounding neighborhoods. J. Additional information, as requested by City representatives, including the City Engineer, to determine that all applicable provisions of the Zoning Ordinance and other City ordinances and regulations are met.

2. Review and Action. The following review process shall be used upon receipt of a fully completed application to the extent not prohibited by applicable State or Federal law:

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A. Upon receipt of the application, the City Clerk shall forward copies of the material to the City Council, Zoning Commission, City Engineer, and City Attorney. B. The Zoning Commission, with assistance from the City Engineer or other City representatives, shall review the application for conformance to City code provisions and issue a report for the applicant’s review and response. The report may contain additional submission requirements, recommendation for approval with or without special conditions, or recommendation for denial with rationale; and shall be prepared within 30 days of the application filing. The report shall recommend that the City Council approve or not approve the application. C. The owner shall provide a response to the Zoning Commission report in writing, and the report, with the owner’s response, shall be finalized and placed on the City Council meeting agenda together with the owner's submission materials and all related documents within 30 days of receipt of the response and any additional information required in the report. D. The City Council may approve the application with no conditions, approve the application with conditions, or disapprove the application.

215.09 HOME RULE. This chapter is intended to be and shall be construed as consistent with the reservation of local authority contained in the 25th Amendment to the Iowa Constitution granting cities home rule powers. This Ordinance intends to establish rights, responsibilities, and procedures consistent with Federal and State Law, including Iowa Code ch. 8C and not in conflict or derogation of those laws. To such ends, any limitation on the power of the City contained herein is to be strictly construed, and the City reserves to itself the right to exercise all power and authority to regulate and control its local affairs, and all ordinances and regulations of the City shall be enforced against the owners of any communications towers or antennas. 215.10. EFFECTIVE DATE This ordinance shall become effective upon its passage and publication as provided by law.

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Adopted by the University Heights City Council this 12th day of December, 2017, and approved this 12th day of December, 2017.

_/s/______________________________ Louise From, Mayor

ATTEST: _/s/______________________________ Christine M. Anderson, City Clerk

Published in the Iowa City Press-Citizen the 9th day of January, 2018. Ordinance No. 237 was passed and approved on May 14, 2019, and published in the Iowa City Press-Citizen on the 22nd day of May, 2019. Ordinance 237 amending Section 215.02 Definitions by deleting the word ”towers” from “Communications towers” and adding the word towers following the word means. Deleted the word “which” and substituted “that” and changes the tense from singular to plural. Section 215.03(1) adds the word communications. Section 215.03(2) adds the word communications to modify the word towers, and the text “excluding those affixed to utility poles or Small Wireless Facilities (“SWF”) support structures”. Section 215.03(3) adds the word communications. Section 215.04(1) adds “and in accordance with State law. Notwithstanding the foregoing, a new lease or other interest will not be required for location and use of SWFs attached to any third-party owned structure lawfully located within or upon City-right-of way or other City property.” Section 215.04(2) adds the word “communications” to modify towers. Section 215.04(3) inserts the text “In determining whether to grant an application for use of City right-of-way or other”, deletes “Priority for used of”, adds “owned” to modify “City property, and adds “City” before right-of-way. Section 215.04(4) adds the text “provided, however, that the location preferences set forth in this Section will not apply to location and use of SWFs attached to third-party owned structures lawfully located within or upon City right-of-way or other City property.” Section 215.04(5) adds the text “unless otherwise stipulated within such lease.” Section 215.06(1) adds the text “Notwithstanding the foregoing, this set-back restriction shall not apply to SWFs attached to third-party owned structures lawfully located within or upon City-right-of-way or other City property.” Section 215.06(2) adds the text “excluding SWF support structures”. Section 215.06(3) delete “a”

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and pluralize “tower”. Section 215.08(1) add text “To the extent not prohibited by applicable State or Federal law, the”. Section 215.08(2) add text “to the extent not prohibited by applicable State or Federal law.” Section 215.09 adds text “communications” preceding towers. Ordinance No. 240 was passed and approved on July 9, 2019, and published in the Iowa City Press-Citizen on the 16th day of July, 2019. Ordinance No. 240 amending Section 215.02 Definitions adds the word “structures” after the word “Communications”. Section 215.03(1) adds the text “where permitted by law.” Section 215.03(2) adds the text “excluding City-owned structures, antennas attached to utility poles, and SWFs”. Section 215.04(1) adds the text “Unless otherwise provided by Iowa law, no communications structures”. Adds the text “or support structure installed by applicant”. Section 215.04(4) adds the text “City-owned support structures, or support structures installed by applicant”. Section 215.06(1) adds the text “City-owned support structures, or support structures installed by applicant,”. Section 215.06(2) adds the text “unless otherwise provided by Iowa law.” Steve/UH/Ordinances/Ordinance 214 re telecom and ROW 11 15 17 Amended by 237, 240.

APPLICATION FOR ROW USE

To Be Completed By City Staff

Application Number: ______________ _ Accepted By: _____________ _

Date Application deemed Complete: ________ _ Public Hearing Date (if applicable): ______ _

To Be Completed By Applicant

1. Property Owner:

Contact Person:

Address:.

Phone: Email: ______________________ _

2. Applicant (If different than owner):

Contact Person:

Address:

Phone: Email: ______________________ _

3. Licensed Entity Name: (Full legal name)

State of Incorporation:

Notification Address:

Billing Address:

4. Installation Contractor:

Contact Person: _____________________________________ _

Address: ________________________________________ _

Phone: Email:

5. Contact Info Firm and Contact Name Phone E-Mail

Signatory

Legal

Notification

RF Engineer

Construction Engineer

Real Estate I Site Acq

Emergency Contact

6. Type of Application: Cellular Antenna Tower Small Cell Tower ___ Other

7. Anticipated Start Date:

8. Anticipated Completion Date:

9. Location(s) (General Description I Address):------------------------

(If multiple locations, you may attach a separate sheet)

10. Present Zoning Designation(s): -----------------

11. Did you have a pre-application meeting? --------------

If yes, with who? ______________________ _

12. The foregoing information and attachments are true and accurate to the best of my knowledge

Date Signature of Applicant

Print Name

This Section Applicable For Cellular Antenna Towers Only- Not Applicable for Small Cell Towers or Other Uses

___ I acknowledge that someone able to represent the request will be present at a meeting with City representatives. If no one is present I acknowledge that I run the risk of receiving an unfavorable recommendation due to a lack of information.

SUBMISSION REQUIREMENTS FOR SMALL CELL TOWER USE

The following information is required to be submitted with the Application before it will be considered complete:

A written description and map showing the coverage area of the provider's existing facilities in the general and site-specific areas that are the subject of the Application.

A statement of the telecommunications objectives for the proposed location, whether the proposed facility is necessary to prevent or fill a gap or capacity shortfall in the Applicant or provider's service area, whether it is the least obtrusive means of doing so, and whether there are any alternative sites that would have fewer aesthetic impacts while providing comparable service.

A statement by an authorized representative that the Applicant or provider holds all applicable licenses or other approvals required by the Federal Communications Commission, and any other agency of state or federal government with authority to regulate telecommunications facilities that are required in order for the Applicant to construct the proposed facility.

A statement by an authorized representative that the Applicant or provider is in compliance with all conditions required for such license and approvals.

A full description of the number and dimensions of all Small Cell Towers proposed to be installed.

A site development plan, signed and sealed by a professional engineer registered in Iowa, showing the proposed location of the tower and existing structures within five hundred (500) feet of the proposed site. For Applications in which multiple towers are proposed, an overall site development plan showing all proposed locations must be provided. A current aerial image shall be utilized or overlaid on the site plan showing proposed locations.

A vertical profile sketch or drawing of the towers, signed and sealed by a professional engineer registered in Iowa, indicating the height of the tower and the placement of all antennas and equipment enclosures.

Written approval from the property owner stating the Applicant or provider has permission to construct a facility on their property. In the case of public Right-of-Way or public property, written approval must be submitted from the duly-authorized representative of the governing body holding ownership.

Photographs of view shed from each proposed tower location, taken in at least four directions, and a photograph of the proposed installation location with the proposed equipment drawn or superimposed on the photograph, shown to scale.

Description of whether other Overhead Utilities exist within five hundred (500) feet of the proposed antenna location.

Traffic Control Layouts (pedestrian and vehicular) for all proposed locations (shall be consistent with the Manual on Uniform Traffic Control Devices (MUTCD), latest edition), and site construction fencing details.

The project specifications for the construction and installation, including site restoration pl.ans.

Cut sheets and specifications of all proposed equipment, including but not limited to antenna, switches, meters, · external wireway systems, relay units, banding and mounting equipment, and any other necessary equipment.

Notes, details and schematics of the grounding system and layout, hand hole or pull box locations and details (with dimensions), utility routing plan, and power and fiber routing details at the pole.

All requested information should be submitted to Staff prior to the required pre-application conference to assure a quick and judicious review of the submittal.

The application review fee is $500.00 per location. Please make checks payable to the "City of University Heights".

ORDINANCE NO. 239

AN ORDINANCE ESTABLISHING RULES FOR THE CONTROL AND COLLECTION OF SOLID WASTE, YARD WASTE AND RECYCLABLE MATERIALS

239.01 Purpose 239.02 Definitions 239.03 Sanitary Disposal Required 239.04 Health and Fire Hazard 239.05 Separation of Yard Waste Required 239.06 Littering Prohibited 239.07 Open Dumping Prohibited 239.08 Toxic and Hazardous Waste 239.09 Waste Storage Containers 239.10 Prohibited Practices 239.11 Recycling Program

239.12 Collection Services 239.13 Collection Vehicles 239.14 Loading 239.15 Frequency of Collection 239.16 Bulky Rubbish 239.17 Right of Entry 239.18 Contract Requirements 239.19 Collection Fees 239.20 Lien for Nonpayment 239.21 Savings Clause 239.22 Repealer 239.23 Effective Date

239.01 PURPOSE. The purpose of this Ordinance is to provide for the sanitary storage, collection, and disposal of solid waste, yard waste, and recyclable materials, and, thereby, to protect the citizens of the City from such hazards to their health, safety and welfare as may result from the uncontrolled disposal of solid waste, yard waste and recyclable materials.

239.02 DEFINITIONS. For the purpose of this Ordinance only, certain words and/or terms used herein shall be defined as follows:

1. "Collector" means any person authorized to gather solid waste from public and private places.

2. “Commercial solid waste” means solid waste resulting from the operation of any commercial, industrial, institutional, agricultural or other establishment, and shall also include solid waste resulting from multiple dwelling facilities having more than four (4) dwelling units.

3. “Discard” means to place, cause to be placed, throw,

deposit, or drop. 4. "Dwelling unit" means any room or group of rooms located

within a structure and forming a single habitable unit with facilities which are used, or are intended to be used, for living, sleeping, cooking and eating.

5. "Garbage" means all solid and semisolid, putrescible animal and vegetable waste resulting from the handling, preparing, cooking, storing, serving and consuming of food or of material intended for use as food, and all offal, excluding useful industrial by-products, and includes all such substances from all public and private establishments and from all residences.

6. "Yard waste" means any vegetable or plant waste except

garbage. The term includes trees, tree trimmings, branches, brush, weeds, leaves, grass, shrubbery, grass clippings, and yard trimmings. The term does not include tree stumps, which will not be collected.

7. “Litter” means any garbage, rubbish, trash, refuse,

waste materials, or debris. 8. "Owner" means, in addition to the record titleholder,

any person residing in, renting, leasing, occupying, operating or transacting business in any premises, and as between such parties the duties, responsibilities, liabilities and obligations hereinafter imposed shall be joint and several.

9. “Recyclable Materials” means regularly designated

consumer wastes which are collected for resource recovery, including newspaper, paper, tin and steel cans, aluminum beverage containers, cardboard, glass containers and plastic containers.

10. “Refuse” means putrescible and non-putrescible waste,

including but not limited to garbage, rubbish, ashes, incinerator residues, street cleanings, market and industrial solid waste and sewage treatment waste in dry or semisolid form.

11. "Residential premises" means any privately-owned

dwelling unit. 12. "Residential waste" means any refuse generated on the

premises as a result of residential activities. The term excludes tires, trade wastes and any locally recyclable goods or plastics.

13. "Rubbish" means non-putrescible solid waste consisting

of combustible and non-combustible waste, such as ashes,

paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, or litter of any kind.

14. "Sanitary disposal" means a method of treating solid

waste so that it does not produce a hazard to the public health or safety or create a nuisance.

15. "Sanitary disposal project" means all facilities and

appurtenances including all real and personal property connected with such facilities, which are acquired, purchased, constructed, reconstructed, equipped, improved, extended, maintained, or operated to facilitate the final disposition of solid waste without creating a significant hazard to the public health or safety, and which are approved by the Director of the State Department of Natural Resources.

16. "Solid waste" means garbage, litter, refuse, rubbish,

and other similar discarded solid or semisolid materials, including but not limited to such materials resulting from industrial, commercial, agricultural, and domestic activities. Solid waste does not include any of the following:

A. Hazardous waste regulated under the Federal

Resource Conservation and Recovery Act, 42 U.S.C. § 6921-6934.

B. Hazardous waste as defined in Section 455B.411 of the Code of Iowa, except to the extent that rules allowing for the disposal of specific wastes have been adopted by the State Environmental Protection Commission.

C. Source, special nuclear, or by-product material as

defined in the Atomic Energy Act of 1934, as amended to January 1, 1979.

D. Petroleum contaminated soil that has been

remediated to acceptable State or Federal standards.

239.03 SANITARY DISPOSAL REQUIRED. It is the duty of each owner to provide for the sanitary disposal of all refuse accumulating on the owner’s premises before it becomes a nuisance. Any such accumulation remaining on any premises for a period of more than thirty (30) days shall be deemed a nuisance, and the City may

proceed to issue civil citations for such nuisances, or abate such nuisances, in accordance with the provisions of Ordinance No. 71, or by initiating proper action in district court. 239.04 HEALTH AND FIRE HAZARD. It is unlawful for any person to permit to accumulate on any premises, improved or vacant, or on any public place, such quantities of solid waste that constitute a health, sanitation or fire hazard. 239.05 SEPARATION OF YARD WASTE REQUIRED. All yard waste shall be separated by the owner or occupant from all other solid waste accumulated on the premises and shall be composted on the premises or placed in 30-gallon Kraft yard waste bags and set out for collection. Yard waste bags shall not exceed 30 gallons in capacity or 40 pounds in weight. One bundle of brush and small limbs, no more than 3 feet long, no more than 36 inches in circumference, and weighing no more than 40 pounds, will be collected free of charge each week. 239.06 LITTERING PROHIBITED. No person shall discard any litter onto or in any water or land, except that nothing in this section shall be construed to affect the authorized collection and discarding of such litter in or on areas or receptacles provided for such purpose. When litter is discarded from a motor vehicle, the driver of the motor vehicle shall be responsible for the act in any case where doubt exists as to which occupant of the motor vehicle actually discarded the litter. 239.07 OPEN DUMPING PROHIBITED. No person shall dump or deposit or permit the dumping or depositing of any solid waste on the surface of the ground or into a body or stream of water at any place other than a sanitary disposal project approved by the Director of the State Department of Natural Resources, unless a special permit to dump or deposit solid waste on land owned or leased by such person has been obtained from the Director of the State Department of Natural Resources. However, this section does not prohibit the use of rubble at places other than a sanitary disposal project. As used in this section, "rubble" means dirt, stone, brick, or similar inorganic materials used for beneficial fill, landscaping, excavation, or grading at places other than a sanitary disposal project. "Rubble" includes asphalt waste only as long as it is not used in contact with water in a floodplain. For purposes of this section, "rubble" does not mean gypsum or gypsum wallboard, coal combustion residue, foundry sand, or industrial process wastes unless those wastes are approved by the State Department of Natural Resources.

239.08 TOXIC AND HAZARDOUS WASTE. No person shall deposit in a solid waste container or otherwise offer for collection any toxic or hazardous waste. Such materials shall be transported and disposed of as prescribed by the Director of the State Department of Natural Resources. As used in this section, "toxic and hazardous waste" means waste materials, including but not limited to, poisons, pesticides, herbicides, acids, caustics, pathological waste, flammable or explosive materials and similar harmful waste which requires special handling and which must be disposed of in such a manner as to conserve the environment and protect the public health and safety. 239.09 WASTE STORAGE CONTAINERS. Every person owning, managing, operating, leasing, or renting any premises, dwelling unit or any place where refuse accumulates shall provide and at all times maintain in good order and repair portable containers for refuse in accordance with the following:

1. Container Specifications. Waste storage containers shall comply with the following specifications: a. Residential. Containers for residential solid

waste and recyclable materials will be provided by the City's contracted refuse Collector.

b. Commercial. Commercial solid waste shall be stored in solid waste containers which shall be waterproof, leakproof, and shall be covered at all times, except when depositing waste therein or removing the contents thereof. Commercial solid waste containers shall be steam cleaned at least twice each year: once during the month of May, and once during the month of August.

2. Storage of Containers. Containers for residential solid

waste and recyclable materials shall be stored upon the residential premises. Commercial solid waste containers shall be stored upon private property, unless the owner has been granted written permission from the City to use public property for such purposes. The storage site shall be well drained and fully accessible to collection equipment, public health personnel, and fire inspection personnel. All owners of residential and commercial premises shall be responsible for proper storage of all garbage and yard waste to prevent materials from being blown or scattered around neighboring yards and streets.

3. Location of Containers for Collection. Containers for the storage of solid waste and recyclable materials awaiting collection shall be placed at the curb or alley line by the owner or occupant of the premises served. Containers or other waste placed at the curb line shall not be so placed more than 12 hours in advance of the regularly scheduled collection day and shall be promptly removed from the curb line following collection. All solid waste and recyclable materials shall be prepared for collection in accordance with the rules and regulations established by the Collector. Yard waste bags must be placed three to six feet from other solid waste containers.

4. Nonconforming Containers. Solid waste and recyclable

materials placed in containers which are not in compliance with the provisions of this section will not be collected.

239.10 PROHIBITED PRACTICES. It is unlawful for any person to:

1. Unlawful Use of Containers. Deposit refuse or recyclable materials in any solid waste containers not owned by such person without the written consent of the owner of such containers.

2. Interfere with Collectors. Interfere in any manner with equipment used for collecting waste or recyclable materials, or with solid waste Collectors in the lawful performance of their duties as such, whether such equipment or Collectors be those of the City, or those of any other authorized waste collection service.

3. Incinerators. Burn rubbish or garbage except in

incinerators designed for high temperature operation, in which solid, semisolid, liquid, or gaseous combustible refuse is ignited and burned efficiently, and from which the solid residues contain little or no combustible material, as acceptable to the Environmental Protection Commission.

4. Scavenging. Take or collect any solid waste which has

been placed out for collection on any premises, unless such person is an authorized solid waste Collector.

239.11 RECYCLING PROGRAM. The City shall provide for the collection of recyclable material in accordance with the

provisions of the contract between the City and the Collector. All recyclable material shall be prepared for collection in accordance with the rules and regulations as established by the Collector. 239.12 COLLECTION SERVICE. The City shall provide by contract for the collection of solid waste, except bulky rubbish as provided in Section 239.16, from residential premises only. The owners or operators of commercial, industrial, or institutional premises shall provide for the collection of solid waste produced upon such premises.

1. Notwithstanding anything herein to the contrary, neither the City nor the City’s contracted Collector will collect any of the following:

a. Appliances;

b. Tires;

c. Lead acid batteries;

d. Waste oil; and

e. Building demolition materials.

239.13 COLLECTION VEHICLES. Vehicles or containers used for the collection and transportation of garbage and similar putrescible waste or solid waste containing such materials shall be leak-proof, durable and of easily cleanable construction. They shall be cleaned to prevent nuisances, pollution, or insect breeding and shall be maintained in good repair. 239.14 LOADING. Vehicles or containers used for the collection and transportation of any solid waste shall be loaded and moved in such a manner that the contents will not fall, leak, or spill therefrom, and shall be covered to prevent blowing or loss of material. Where spillage does occur, the material shall be picked up immediately by the Collector or transporter and returned to the vehicle or container and the area properly cleaned. 239.15 FREQUENCY OF COLLECTION. All solid waste shall be collected from residential premises one time per week, and from commercial, industrial and institutional premises as frequently as may be necessary, but not less than once each week.

239.16 BULKY RUBBISH. Bulky rubbish which is too large or heavy to be collected in the normal manner of other solid waste may be collected by the Collector upon request. 239.17 RIGHT OF ENTRY. Solid waste Collectors are hereby authorized to enter upon private property for the purpose of collecting solid waste therefrom as required by this Ordinance; however, solid waste Collectors shall not enter dwelling units or other residential buildings. 239.18 CONTRACT REQUIREMENTS. No person shall engage in the business of collecting, transporting, processing or disposing of solid waste from residential premises for the City without first entering into a contract with the City. This section does not prohibit an owner from transporting solid waste accumulating upon premises owned, occupied or used by such owner, provided such refuse is disposed of properly in an approved sanitary disposal project. Furthermore, a contract is not required for the removal, hauling, or disposal of earth and rock material from grading or excavation activities, provided that all such materials are conveyed in tight vehicles, trucks or receptacles so constructed and maintained that none of the material being transported is spilled upon any public right-of-way. 239.19 COLLECTION FEES. The City Council shall by Resolution establish charges to be made to residents for the cost of the collection and disposal of refuse and recyclable materials. Fees for the collection and disposal of yard waste shall be established by the Collector. 239.20 LIEN FOR NONPAYMENT. The owner of the premises served and any lessee or tenant thereof are jointly and severally liable for fees for solid waste collection and disposal. Fees remaining unpaid and delinquent shall constitute a lien upon the premises served and shall be certified by the Clerk to the County Treasurer for collection in the same manner as property taxes. 239.21 SAVING CLAUSE. In the event any word, phrase, sentence, paragraph or section contained in this Ordinance shall be held to be invalid, unlawful, or unconstitutional for any reason, then it is hereby declared that the remaining such portions and provisions of this Ordinance would have been enacted and remain in full force and effect. 239.22 REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this ordinance, specifically

including (without limitation) Ordinance Nos. 93, 94, 95, are hereby repealed. 239.23 EFFECTIVE DATE. This Ordinance shall become effective upon its passage and publication as provided by law. Adopted by the University Heights City Council this _____ day of ___________, 2019, and approved this ______ day of ____________, 2019. __________________________________ Louise A. From, Mayor (SEAL) ATTEST: __________________________________ Christine M. Anderson, City Clerk STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) On this ____ day of __________, 2019, before me, a notary public in and for the state of Iowa, personally appeared Louise A. From and Christine M. Anderson, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk of the City of University Heights, Iowa; that the seal affixed to this instrument is the corporate seal of the City; and that the instrument was signed and sealed on behalf of the city, and that Louise A. From and Christine M. Anderson acknowledged the execution of said instrument to be their voluntary act and deed and the voluntary act and deed of the City, by it and by them voluntarily executed.

_________________________________ Notary Public in and for the

State of Iowa

STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) I, Christine M. Anderson, being first duly sworn, certify that the above ordinance was published in the Iowa City Press-Citizen the _____ day of ________________, 2019. _________________________________ Christine M. Anderson Signed and sworn to before me on the ____ day of ___________, 2010, by Christine M. Anderson, Clerk of the City of University Heights, Iowa. __________________________________ Notary Public in and for the

State of Iowa

ORDINANCE NO. 239

AN ORDINANCE ESTABLISHING RULES FOR THE CONTROL AND COLLECTION OF SOLID WASTE, YARD WASTE AND RECYCLABLE MATERIALS

239.01 Purpose 239.02 Definitions 239.03 Sanitary Disposal Required 239.04 Health and Fire Hazard 239.05 Separation of Yard Waste Required 239.06 Littering Prohibited 239.07 Open Dumping Prohibited 239.08 Toxic and Hazardous Waste 239.09 Waste Storage Containers 239.10 Prohibited Practices 239.11 Recycling Program

239.12 Collection Services 239.13 Collection Vehicles 239.14 Loading 239.15 Frequency of Collection 239.16 Bulky Rubbish 239.17 Right of Entry 239.18 Contract Requirements 239.19 Collection Fees 239.20 Lien for Nonpayment 239.21 Savings Clause 239.22 Repealer 239.23 Effective Date

239.01 PURPOSE. The purpose of this Ordinance is to provide for the sanitary storage, collection, and disposal of solid waste, yard waste, and recyclable materials, and, thereby, to protect the citizens of the City from such hazards to their health, safety and welfare as may result from the uncontrolled disposal of solid waste, yard waste and recyclable materials.

239.02 DEFINITIONS. For the purpose of this Ordinance only, certain words and/or terms used herein shall be defined as follows:

1. "Collector" means any person authorized to gather solid waste from public and private places.

2. “Commercial solid waste” means solid waste resulting from the operation of any commercial, industrial, institutional, agricultural or other establishment, and shall also include solid waste resulting from multiple dwelling facilities having more than four (4) dwelling units.

3. “Discard” means to place, cause to be placed, throw,

deposit, or drop. 4. "Dwelling unit" means any room or group of rooms located

within a structure and forming a single habitable unit with facilities which are used, or are intended to be used, for living, sleeping, cooking and eating.

5. "Garbage" means all solid and semisolid, putrescible animal and vegetable waste resulting from the handling, preparing, cooking, storing, serving and consuming of food or of material intended for use as food, and all offal, excluding useful industrial by-products, and includes all such substances from all public and private establishments and from all residences.

6. "Yard waste" means any vegetable or plant waste except

garbage. The term includes trees, tree trimmings, branches, brush, weeds, leaves, grass, shrubbery, grass clippings, and yard trimmings. The term does not include tree stumps, which will not be collected.

7. “Litter” means any garbage, rubbish, trash, refuse,

waste materials, or debris. 8. "Owner" means, in addition to the record titleholder,

any person residing in, renting, leasing, occupying, operating or transacting business in any premises, and as between such parties the duties, responsibilities, liabilities and obligations hereinafter imposed shall be joint and several.

9. “Recyclable Materials” means regularly designated

consumer wastes which are collected for resource recovery, including newspaper, paper, tin and steel cans, aluminum beverage containers, cardboard, glass containers and plastic containers.

10. “Refuse” means putrescible and non-putrescible waste,

including but not limited to garbage, rubbish, ashes, incinerator residues, street cleanings, market and industrial solid waste and sewage treatment waste in dry or semisolid form.

11. "Residential premises" means any privately-owned

dwelling unit. 12. "Residential waste" means any refuse generated on the

premises as a result of residential activities. The term excludes tires, trade wastes and any locally recyclable goods or plastics.

13. "Rubbish" means non-putrescible solid waste consisting

of combustible and non-combustible waste, such as ashes,

paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, or litter of any kind.

14. "Sanitary disposal" means a method of treating solid

waste so that it does not produce a hazard to the public health or safety or create a nuisance.

15. "Sanitary disposal project" means all facilities and

appurtenances including all real and personal property connected with such facilities, which are acquired, purchased, constructed, reconstructed, equipped, improved, extended, maintained, or operated to facilitate the final disposition of solid waste without creating a significant hazard to the public health or safety, and which are approved by the Director of the State Department of Natural Resources.

16. "Solid waste" means garbage, litter, refuse, rubbish,

and other similar discarded solid or semisolid materials, including but not limited to such materials resulting from industrial, commercial, agricultural, and domestic activities. Solid waste does not include any of the following:

A. Hazardous waste regulated under the Federal

Resource Conservation and Recovery Act, 42 U.S.C. § 6921-6934.

B. Hazardous waste as defined in Section 455B.411 of the Code of Iowa, except to the extent that rules allowing for the disposal of specific wastes have been adopted by the State Environmental Protection Commission.

C. Source, special nuclear, or by-product material as

defined in the Atomic Energy Act of 1934, as amended to January 1, 1979.

D. Petroleum contaminated soil that has been

remediated to acceptable State or Federal standards.

239.03 SANITARY DISPOSAL REQUIRED. It is the duty of each owner to provide for the sanitary disposal of all refuse accumulating on the owner’s premises before it becomes a nuisance. Any such accumulation remaining on any premises for a period of more than thirty (30) days shall be deemed a nuisance, and the City may

proceed to issue civil citations for such nuisances, or abate such nuisances, in accordance with the provisions of Ordinance No. 71, or by initiating proper action in district court. 239.04 HEALTH AND FIRE HAZARD. It is unlawful for any person to permit to accumulate on any premises, improved or vacant, or on any public place, such quantities of solid waste that constitute a health, sanitation or fire hazard. 239.05 SEPARATION OF YARD WASTE REQUIRED. All yard waste shall be separated by the owner or occupant from all other solid waste accumulated on the premises and shall be composted on the premises or placed in 30-gallon Kraft yard waste bags with the Collector's logo and set out for collection. Yard waste bags shall not exceed 39 30 gallons in capacity or 40 pounds in weight. Two bundlesOne bundle of brush and small limbs, no more than 3 feet long, no more than 36 inches in circumference, and weighing no more than 40 pounds, cut approximately four feet long and tied in bundles weighing 40 pounds or less, will be collected free of charge each week. 239.06 LITTERING PROHIBITED. No person shall discard any litter onto or in any water or land, except that nothing in this section shall be construed to affect the authorized collection and discarding of such litter in or on areas or receptacles provided for such purpose. When litter is discarded from a motor vehicle, the driver of the motor vehicle shall be responsible for the act in any case where doubt exists as to which occupant of the motor vehicle actually discarded the litter. 239.07 OPEN DUMPING PROHIBITED. No person shall dump or deposit or permit the dumping or depositing of any solid waste on the surface of the ground or into a body or stream of water at any place other than a sanitary disposal project approved by the Director of the State Department of Natural Resources, unless a special permit to dump or deposit solid waste on land owned or leased by such person has been obtained from the Director of the State Department of Natural Resources. However, this section does not prohibit the use of rubble at places other than a sanitary disposal project. As used in this section, "rubble" means dirt, stone, brick, or similar inorganic materials used for beneficial fill, landscaping, excavation, or grading at places other than a sanitary disposal project. "Rubble" includes asphalt waste only as long as it is not used in contact with water in a floodplain. For purposes of this section, "rubble" does not mean gypsum or gypsum wallboard, coal combustion residue, foundry sand,

or industrial process wastes unless those wastes are approved by the State Department of Natural Resources. 239.08 TOXIC AND HAZARDOUS WASTE. No person shall deposit in a solid waste container or otherwise offer for collection any toxic or hazardous waste. Such materials shall be transported and disposed of as prescribed by the Director of the State Department of Natural Resources. As used in this section, "toxic and hazardous waste" means waste materials, including but not limited to, poisons, pesticides, herbicides, acids, caustics, pathological waste, flammable or explosive materials and similar harmful waste which requires special handling and which must be disposed of in such a manner as to conserve the environment and protect the public health and safety. 239.09 WASTE STORAGE CONTAINERS. Every person owning, managing, operating, leasing, or renting any premises, dwelling unit or any place where refuse accumulates shall provide and at all times maintain in good order and repair portable containers for refuse in accordance with the following:

1. Container Specifications. Waste storage containers shall comply with the following specifications: a. Residential. Containers for residential solid

waste and recyclable materials will be provided by the City's contracted refuse Collector.

b. Commercial. Commercial solid waste shall be stored in solid waste containers which shall be waterproof, leakproof, and shall be covered at all times, except when depositing waste therein or removing the contents thereof. Commercial solid waste containers shall be steam cleaned at least twice each year: once during the month of May, and once during the month of August.

2. Storage of Containers. Containers for residential solid

waste and recyclable materials shall be stored upon the residential premises. Commercial solid waste containers shall be stored upon private property, unless the owner has been granted written permission from the City to use public property for such purposes. The storage site shall be well drained and fully accessible to collection equipment, public health personnel, and fire inspection personnel. All owners of residential and commercial premises shall be responsible for proper storage of all

garbage and yard waste to prevent materials from being blown or scattered around neighboring yards and streets.

3. Location of Containers for Collection. Containers for the storage of solid waste and recyclable materials awaiting collection shall be placed at the curb or alley line by the owner or occupant of the premises served. Containers or other waste placed at the curb line shall not be so placed more than 12 hours in advance of the regularly scheduled collection day and shall be promptly removed from the curb line following collection. All solid waste and recyclable materials shall be prepared for collection in accordance with the rules and regulations established by the Collector. Yard waste bags must be placed three to six feet from other solid waste containers.

4. Nonconforming Containers. Solid waste and recyclable

materials placed in containers which are not in compliance with the provisions of this section will not be collected.

239.10 PROHIBITED PRACTICES. It is unlawful for any person to:

1. Unlawful Use of Containers. Deposit refuse or recyclable materials in any solid waste containers not owned by such person without the written consent of the owner of such containers.

2. Interfere with Collectors. Interfere in any manner with equipment used for collecting waste or recyclable materials, or with solid waste Collectors in the lawful performance of their duties as such, whether such equipment or Collectors be those of the City, or those of any other authorized waste collection service.

3. Incinerators. Burn rubbish or garbage except in

incinerators designed for high temperature operation, in which solid, semisolid, liquid, or gaseous combustible refuse is ignited and burned efficiently, and from which the solid residues contain little or no combustible material, as acceptable to the Environmental Protection Commission.

4. Scavenging. Take or collect any solid waste which has

been placed out for collection on any premises, unless such person is an authorized solid waste Collector.

239.11 RECYCLING PROGRAM. The City shall provide for the collection of recyclable material in accordance with the provisions of the contract between the City and the Collector. All recyclable material shall be prepared for collection in accordance with the rules and regulations as established by the Collector. 239.12 COLLECTION SERVICE. The City shall provide by contract for the collection of solid waste, except bulky rubbish as provided in Section 239.16, from residential premises only. The owners or operators of commercial, industrial, or institutional premises shall provide for the collection of solid waste produced upon such premises.

1. Notwithstanding anything herein to the contrary, neither the City nor the City’s contracted Collector will collect any of the following:

a. Appliances;

b. Tires;

c. Lead acid batteries;

d. Waste oil; and

e. Building demolition materials.

239.13 COLLECTION VEHICLES. Vehicles or containers used for the collection and transportation of garbage and similar putrescible waste or solid waste containing such materials shall be leak-proof, durable and of easily cleanable construction. They shall be cleaned to prevent nuisances, pollution, or insect breeding and shall be maintained in good repair. 239.14 LOADING. Vehicles or containers used for the collection and transportation of any solid waste shall be loaded and moved in such a manner that the contents will not fall, leak, or spill therefrom, and shall be covered to prevent blowing or loss of material. Where spillage does occur, the material shall be picked up immediately by the Collector or transporter and returned to the vehicle or container and the area properly cleaned. 239.15 FREQUENCY OF COLLECTION. All solid waste shall be collected from residential premises at least everyone time per week, and from commercial, industrial and institutional premises

as frequently as may be necessary, but not less than once each week. 239.16 BULKY RUBBISH. Bulky rubbish which is too large or heavy to be collected in the normal manner of other solid waste may be collected by the Collector upon request. 239.17 RIGHT OF ENTRY. Solid waste Collectors are hereby authorized to enter upon private property for the purpose of collecting solid waste therefrom as required by this Ordinance; however, solid waste Collectors shall not enter dwelling units or other residential buildings. 239.18 CONTRACT REQUIREMENTS. No person shall engage in the business of collecting, transporting, processing or disposing of solid waste from residential premises for the City without first entering into a contract with the City. This section does not prohibit an owner from transporting solid waste accumulating upon premises owned, occupied or used by such owner, provided such refuse is disposed of properly in an approved sanitary disposal project. Furthermore, a contract is not required for the removal, hauling, or disposal of earth and rock material from grading or excavation activities, provided that all such materials are conveyed in tight vehicles, trucks or receptacles so constructed and maintained that none of the material being transported is spilled upon any public right-of-way. 239.19 COLLECTION FEES. The City Council shall by Resolution establish charges to be made to residents for the cost of the collection and disposal of refuse and recyclable materials. Fees for the collection and disposal of yard waste shall be established by the Collector. 239.20 LIEN FOR NONPAYMENT. The owner of the premises served and any lessee or tenant thereof are jointly and severally liable for fees for solid waste collection and disposal. Fees remaining unpaid and delinquent shall constitute a lien upon the premises served and shall be certified by the Clerk to the County Treasurer for collection in the same manner as property taxes. 239.21 SAVING CLAUSE. In the event any word, phrase, sentence, paragraph or section contained in this Ordinance shall be held to be invalid, unlawful, or unconstitutional for any reason, then it is hereby declared that the remaining such portions and provisions of this Ordinance would have been enacted and remain in full force and effect.

239.22 REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this ordinance, specifically including (without limitation) Ordinance Nos. 93, 94, 95, are hereby repealed. 239.23 EFFECTIVE DATE. This Ordinance shall become effective upon its passage and publication as provided by law. Adopted by the University Heights City Council this _____ day of ___________, 2019, and approved this ______ day of ____________, 2019. __________________________________ Louise A. From, Mayor (SEAL) ATTEST: __________________________________ Christine M. Anderson, City Clerk STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) On this ____ day of __________, 2019, before me, a notary public in and for the state of Iowa, personally appeared Louise A. From and Christine M. Anderson, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk of the City of University Heights, Iowa; that the seal affixed to this instrument is the corporate seal of the City; and that the instrument was signed and sealed on behalf of the city, and that Louise A. From and Christine M. Anderson acknowledged the execution of said instrument to be their voluntary act and deed and the voluntary act and deed of the City, by it and by them voluntarily executed.

_________________________________ Notary Public in and for the

State of Iowa STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) I, Christine M. Anderson, being first duly sworn, certify that the above ordinance was published in the Iowa City Press-Citizen the _____ day of ________________, 2019. _________________________________ Christine M. Anderson Signed and sworn to before me on the ____ day of ___________, 2010, by Christine M. Anderson, Clerk of the City of University Heights, Iowa. __________________________________ Notary Public in and for the

State of Iowa

RESOLUTION NO. 19-37

RESOLUTION GRANTING A PERMIT FOR AUDIBLE SOUNDS ASSOCIATED WITH A BENEFIT EVENT

WHEREAS, certain community residents desire to hold an event to benefit

Neighborhood Centers of Johnson County; and WHEREAS, these residents have secured a private property location at or near

the parking lot of Stella restaurant, 1006 Melrose Avenue to host the benefit and desire permission to exceed the City’s restriction on sound/noise pollution; and

WHEREAS, residents intend to take all measures reasonably required so that

the sound produced is no louder than necessary for their event, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of

University Heights, Iowa, that the requesting residents are permitted to create sound that may be audible to the general public across property boundaries during their benefit event within the City of University Heights, on October 6, 2019, from 4:00 p.m. to 7:00 p.m., all pursuant to University Heights Ordinance No. 159(2)(c).

Upon motion by _____________________, and seconded by ________________, the vote was as follows:

AYE NAY ABSENT ABSTAIN Herbold _____ _____ _______ _______ Maher _____ _____ _______ _______ Miller _____ _____ _______ _______ Moore _____ _____ _______ _______ Quezada _____ _____ _______ _______

Upon Roll Call thus recorded, the Resolution is declared adopted this 27th day of

August, 2019. _______________________________ Louise A. From, Mayor ATTEST: _____________________________ Christine M. Anderson, City Clerk UH – Resolution 19-37 granting permit to exceed noise limits 08 27 19

City Clerk Report August 2019

• Two new building permits was received since the last meeting:

1310 Melrose Avenue, Unit 101-B – Interior commercial build-out of coffee shop and law office

59 Olive Court – Drywall and finish basement; install new front porch steps

• 33 rental permits received for FY20 fiscal year:19 for Grandview Court 0 for One University Place 14 for rest of University Heights

These are the permits received as of July. I continue to receive rental permit paperwork and will send an updated spreadsheet for the September council meeting.

• I received two letters regarding support for food truck vendors for game days. I willscan and send to council and for inclusion in the meeting attachments.

University Heights eGovernment Report August 2019

CivicEngage Website Project:

After much work, the new website is ready to launch. Content from the old site was applied to the design on June 21, then I worked through the new site — with the Mayor’s assistance — to identify updates and changes needed before launch. Training work sessions were held July 30 through August 1. Members of the website committee — Troy Kelsay, previous eGov chair Mike Haverkamp sitting in for Louise From, Chris Anderson, and I — completed the training engagement and have been preparing the site for launch.

Our CivicEngage project manager describes the site design as very clean, clear, easy to navigate, and modern. Colors and layouts comply with ADA requirements, and pages do not have superfluous graphics and photos that interfere with accessibility.

The site is a work-in-progress. Council approved the CivicEngage plan to have flexibility and advanced functionality for future needs; however, tweaks and updates will be the focus for the foreseeable future.

The website launch is scheduled for the afternoon of August 22.

CivicPlus Information: CivicEngage Website Advantages for Citizens

• A mobile optimized design that ensures citizens can easilynavigate and interact with content from any desktopcomputer, smartphone, or tablet, anytime and anywhere.

• The highest data security standards backed by a team of cybersecurity experts. CivicPlus offers 99.7% up-time in a tier II data center that is fully redundant, the support of multiple network providers, burst band-width, disaster recovery viageographically diverse data centers and defined RTO and RPO,and live 24/7/365 emergency support.

• Alert Center functionality allows website administrators toalert citizens with time-sensitive information and instructions using multiple channels, including the website homepage, social media, and email.

• Notify Me Citizen Communication Subscription Feature allowscitizens to subscribe to receive multi-channel notifications on only those topics that matter most to them. Citizens canchoose to be notified by email, or text message.

• Calendar functionality allows citizens to stay informed aboutthe scheduling of important local events, including public meetings, classes, activities, community events, and othervaluable opportunities for engagement.

• The File Center serves as a single, conveniently accessible repository for all forms, documents, and files citizens routinelyrequire so they can self-service many of their municipal requests without the need to walk into an office or place a phone call.

• The Agenda Center allows for the storing, sharing, andsearching of public meetings and agendas and enables citizens to remain informed and engaged in public policy and local issues.

• Personalized logins allow citizens to create an account associated with the website so that it becomes a personalizedtool to download forms, submit applications and permits, pay bills, and submit and track inquiries.

• Intuitive search functionality and navigation menus make iteasy for citizens to locate exactly what they are looking for from the homepage, whether it be help filing a permit, viewing a council session video, or paying a parking ticket.

CivicEngage Website Advantages for Administrators

• Built-in accessibility automation functionality helps to ensurethat as digital content is updated, the website continues to maintain Web Content Accessibility Guidelines WCAG 2.0 Aand AA standards recommended by the Americans withDisability Act (ADA) to ensure equitable access of municipal content for all citizens.

• A hands-on implementation process that leveraged a team ofmunicipal content experts who helped in the assessment, migration, and accessibility compliance updates of existingcontent as pages, files, images, and graphics and then migrated final content to the new CivicEngage contentmanagement system.

• A commitment to continual cloud-based software updatesand enhancements to ensure the CivicEngage solution is always improving and keeping pace with the latestadvancements in content management technology.

City website statistics from AWStats:

Unique Visitor: a person or computer (host) that has made at least 1 hit on 1 page of your web site during the current period shown by the report. If this user makes several visits during this period, it is counted only once. Visits: Number of visits made by all visitors. Think "session" here, say a unique IP accesses a page, and then requests three other pages within an hour. All of the "pages" are included in the visit, therefore you should expect multiple pages per visit and multiple visits per unique visitor (assuming that some of the unique IPs are logged with more than an hour between requests). Pages: The number of "pages" viewed by visitors. Hits: Any files requested from the server (including files that are "Pages"). Bandwidth: Total number of bytes for pages, images and files downloaded by web browsing.

Last Update: 10 Aug 2019 - 08:09

Reported period: Jul 2019 OK

Summary Reported period Month Jul 2019First visit 01 Jul 2019 - 00:10Last visit 31 Jul 2019 - 23:46

Unique visitors Number of visits Pages Hits Bandwidth

Viewed traffic * 1,567

3,260(2.08 visits/visitor)

6,795(2.08 Pages/Visit)

12,232(3.75 Hits/Visit)

7.82 GB(2516.18 KB/Visit)

Not viewedtraffic *

9,410 37,852 17.31 GB

* Not viewed traffic includes traffic generated by robots, worms, or replies with special HTTP status codes.

Monthly history

Jan2019

Feb2019

Mar2019

Apr2019

May2019

Jun2019

Jul2019

Aug2019

Sep2019

Oct2019

Nov2019

Dec2019

Month Uniquevisitors

Number ofvisits Pages Hits Bandwidth

Jan 2019 2,091 3,881 21,992 30,561 10.08 GBFeb 2019 1,892 3,477 21,010 28,371 6.80 GBMar 2019 2,263 4,311 11,366 18,936 7.70 GBApr 2019 1,852 3,752 9,560 16,650 7.75 GBMay 2019 1,831 3,840 14,653 19,599 7.17 GBJun 2019 1,608 3,383 9,920 16,712 10.38 GBJul 2019 1,567 3,260 6,795 12,232 7.82 GB

Aug 2019 443 913 1,940 3,355 2.11 GBSep 2019 0 0 0 0 0Oct 2019 0 0 0 0 0Nov 2019 0 0 0 0 0Dec 2019 0 0 0 0 0

Total 13,547 26,817 97,236 146,416 59.81 GB

Days of month

Last Update: 10 Aug 2019 - 08:09

Reported period: Jul 2019 OK

Back to main page

Filter : Exclude filter : OK

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