HomeMy WebLinkAbout2018-04-17 OrdinancePrepared by: Sylvia Bochner, 410 E. Washington Street, Iowa City, IA 52240; 319-3565240 (REZ18-00003)
Ordinance No.
An ordinance conditionally rezoning approximately 1.1 acres of
property located at 225 and 225 % Prentiss Street, from Intensive
Commercial (CIA) to Riverfront Crossings—Central Crossings
(RFC -CX). (REZ18-00003)
Whereas, the applicant, Hodge Construction, has requested a rezoning of property located at 225 and
225'/2 Prentiss Street from Intensive Commercial (CI -1) to Riverfront Crossings—Central Crossings (RFC -
CX); and
Whereas, the Downtown and Riverfront Crossing Master Plan indicates that this area should be
redeveloped with multi -family housing and the restoration of Ralston Creek; and
Whereas, the Planning and Zoning Commission has reviewed the proposed rezoning and determined
that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for
improvement of Ralston Creek and providing a pedestrian street in accordance with the Form -Based
Development Standards for RFC -CX; and
Whereas, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable
conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public
needs caused by the requested change; and
Whereas, the owner and applicant has agreed that the property shall be developed in accordance with
the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate
development in this area of the city.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I Approval. Subject to the Conditional Zoning Agreement attached hereto and incorporated
herein, property described below is hereby reclassified from its current zoning designation of Intensive
Commercial (CIA) to Riverfront Crossings—Central Crossings (RFC -CX):
Lot 3, except the north 50 feet thereof, and all of Lot 4, in Block 10, County Seat Addition to Iowa
City, Iowa, according to the plat thereof recorded in Book 1 and 2, Page 253, Deed of Records of
Johnson County, Iowa; and
The north 50 feet of Lot 3 in Block 10, County Seat Addition to Iowa City, Iowa. According to the
recorded plat thereof; and
Lots 1 and 2 in Block 10 in that part of Iowa City, Iowa, laid off by the Commissioners of Johnson
County, Iowa, as the County Seat of Johnson County, Iowa, according to the recorded plat
thereof.
Section It. Zoning Mao. The building official is hereby authorized and directed to change the zoning map
of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication
of the ordinance as approved by law.
Section III. Conditional Zoning Aqreement. The mayor is hereby authorized and directed to sign, and the
City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following
passage and approval of this Ordinance.
Section IV. Certification and Recording. Upon passage and approval of the Ordinance, the City Clerk is
hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the
County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and
publication of this ordinance, as provided by law.
Section V. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
Section VI. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid
or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section,
provision or part thereof not adjudged invalid or unconstitutional.
Ordinance No.
Page 2
Section VII. Effective Date. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of 20
MAYOR
ATTEST:
CITY CLERK
City Attomer/s Office
Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ18-00003)
Conditional Zoning Agreement
This agreement is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City") and Dubuque and Prentiss Investments LC (hereinafter "Owner").
Whereas, Owner is the legal title holder of approximately 1.1 acres of property located at
225 and 225 '% Prentiss Street; and
Whereas, the Owner has requested the rezoning of said property from Intensive
Commercial (CI -1) to Riverfront Crossings—Central Crossings (RFC -CX); and
Whereas, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding improvements to Ralston Creek and development of a pedestrian street,
the requested zoning is consistent with the Comprehensive Plan; and
Whereas, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose
reasonable conditions on granting a rezoning request, over and above existing regulations, in
order to satisfy public needs caused by the requested change; and
Whereas, the Owner acknowledges that certain conditions and restrictions are
reasonable to ensure the development of the property is consistent with the Comprehensive
Plan and the need for creek restoration and pedestrian connectivity; and
Whereas, the Owner agrees to develop this property in accordance with the terms and
conditions of a Conditional Zoning Agreement.
Now, therefore, in consideration of the mutual promises contained herein, the parties agree as
follows:
Dubuque and Prentiss Investments LC is the legal title holder of the property legally
described as
Lot 3, except the north 50 feet thereof, and all of Lot 4, in Block 10, County Seat Addition
to Iowa City, Iowa, according to the plat thereof recorded in Book 1 and 2, Page 253,
Deed of Records of Johnson County, Iowa; and
The north 50 feet of Lot 3 in Block 10, County Seat Addition to Iowa City, Iowa.
According to the recorded plat thereof; and
Lots 1 and 2 in Block 10 in that part of Iowa City, Iowa, laid off by the Commissioners of
Johnson County, Iowa, as the County Seat of Johnson County, Iowa, according to the
recorded plat thereof.
2. The Owner acknowledges that the City wishes to ensure conformance to the principles
of the Comprehensive Plan and the Downtown and Riverfront Crossings Master Plan.
Further, the parties acknowledge that Iowa Code §414.5 (2017) provides that the City of
Iowa City may impose reasonable conditions on granting a rezoning request, over and
above the existing regulations, in order to satisfy public needs caused by the requested
PPd3dMa00=19-00003 =dx
change.
3. In consideration of the City's rezoning the subject property, Owner agrees that
development of the subject property will conform to all other requirements of the zoning
chapter, as well as the following conditions:
A. Improvement of Ralston Creek and the adjacent pedestrian street in accordance
with the Form -Based Development Standards for Riverfront Crossings as follows:
1. Removal of invasive trees.
2. Stream bank stabilization including necessary grading and addition of rip -rap.
3. Planting of trees in accordance with a plan approved by the City Forester.
4. Installation of a minimum 6 -foot wide sidewalk adjacent to the top of the
streambank.
5. Installation of pedestrian scale lighting.
6. Dedication of temporary construction easements for the reconstruction of the
Prentiss Street Bridge.
7. The above work shall be done according to a plan prepared by the Owner and
approved by the City Engineer prior to the issuance of a building permit.
B. Owner shall satisfy the affordable housing obligations imposed pursuant to Iowa
City Code of Ordinances 14-2G-8 through the provision of on-site or off-site owner -
occupied dwelling units, on-site or off-site rental dwelling units, and/or the payment of a
fee in lieu thereof, as agreed to between Owner and the City in an affordable housing
agreement entered into prior to issuance of a building permit for development of any
portion of the above-described property.
4. The Owner and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code §414.5 (2017), and that said
conditions satisfy public needs that are caused by the requested zoning change.
5. The Owner and City acknowledge that in the event the subject property is transferred,
sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this
Conditional Zoning Agreement.
6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be
a covenant running with the land and with title to the land, and shall remain in full force
and effect as a covenant with title to the land, unless or until released of record by the
City of Iowa City.
The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
7. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be
ppdadM2gVMZ18-W003 = dw 2
construed to relieve the Owner or Applicant from complying with all other applicable
local, state, and federal regulations.
8. The parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, and that upon adoption and
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Applicant's expense.
Dated this day of
City of Iowa City
Jim Throgmorton, Mayor
Attest:
Kellie Fruehling, City Clerk
Ap rloved b
City Attorney's Office
City Of Iowa City Acknowledgement:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
20
�aFjuri yr 1O^� �/ln7''3.� �pi7�..ror�h�G.L.
By: /lev,:�
0
This instrument was acknowledged before me on
20_ by Jim
Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City.
Notary Public in and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
Corporate Acknowledgement:
STATE OF IOWA )
) ss:
GOd.dM.V.18-00003 m d« 3
JOHNSON COUNTY )
This instrument was acknowledged before me on
as
20_ by
of Inc.
Notary Public in and for said County and State
(Stamp or Seal)
Title (and Rank)
Dubuque and Prentiss Investments LC Acknowledgment:
State of
Countyof
This record was acknowledged before me on y LAR (Date)
by �� , 0"'C01.1Q., (Name(s) of individual(s) as
cn,rpr (type of authority, such as officer or trustee) of
F �ttZ,�_ • ,z, v� Pent,«: oc �_,�� LC (name of party on behalf of whom record
was executed).
,,.2% DENISE ROOM
0 Commission Number 726698
My Commission Expires
February 2, 2019
Notary Public in a dfo the State of Iowa
(Stamp or Seal)
Title (and Rank)
My commission expires:
ppdadMagVrez18-00003 aa. dx 4
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS:
First Consideration
Vote for passage:
Botchway; Cole
Second Consideration _
Vote for passage:
Date published
ABSENT:
Botchway
Cole
Mims
Salih
Taylor
Thomas
Throgmorton
04/17/2018
that the
AYES: Mims, Salih, Taylor, Thomas, Throgmorton,
NAYS: None. ABSENT: None.
5b
Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ17-00005)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 0.62 ACRES OF LAND FROM
COMMUNITY COMMERCIAL (CC -2) ZONE TO RIVERFRONT CROSSINGS — WEST RNERFRONT
(RFC -WR) ZONE FOR PROPERTY LOCATED AT S. 513 RIVERSIDE DRIVE (REZ17-00005)
WHEREAS, the applicant, 513 Riverside LLC, has requested a rezoning of property locally known as S.
513 Riverside Drive from Community Commercial (CC -2) zone to Riverfront Crossings — West Riverfront
(RFC -WR) zone; and
and WHEREAS, the subject properties are located in the West Riverfront subdistrict of Riverfront Crossings;
WHEREAS, the Downtown and Riverfront Crossings Master Plan, an integral part of the Comprehensive
Plan, sets forth goals and objectives for the West Riverfront subdistrict, including the goals of improving
conditions for pedestrians and bicyclists, tempering auto orientation, and enhancing the streetscape and
overall aesthetics of the corridor in order to safely support redevelopment of properties for higher density
residential living and pedestrian -oriented commercial uses; and
WHEREAS, the zoning standards that apply in the West Riverfront zoning district encourage
development that is of a scale and design to achieve the desired development character described in the
Riverfront Crossings Master Plan and will improve the quality of the neighborhood by reserving frontage
areas along streets for pedestrians and restricting parking and vehicular access to areas behind buildings,
and require provision of affordable housing; and
WHEREAS, Riverside Drive has a substandard right-of-way width that does not provide adequate space
for a sidewalk and parkway buffer with street trees to meet requirements in the Riverfront Crossings form -
based zoning code; and
WHEREAS, the requested rezoning will allow a significant increase in the residential population in the
area, which will increase the need for affordable housing, and increase pedestrian and bicycle traffic along
Riverside Drive and, therefore, additional public right-of-way to widen pedestrian areas along Riverside Drive
and close driveways that do not meet the City's access management standards will be necessary as well as
the provision of affordable housing options; and
WHEREAS, Iowa City Code 14-2G-8 requires that, upon rezoning to RFC -WR, the owner must enter
into an agreement with the City establishing how the owner will provide affordable housing when the
property is redeveloped; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and
determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the
need for the dedication of land along the Riverside Drive frontage to widen the pedestrian area within the
right -0f -way to a minimum of 20 feet in width, closure of driveways according to the Citys access
management standards, and provision of affordable housing; and
WHEREAS, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable
conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public
needs caused by the requested change; and
WHEREAS, the owner and applicant have agreed that the property shall be developed in accordance
with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate
development in this area of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated
herein, property described below is hereby reclassified from its current zoning designation of Community
Commercial (CC -2) Zone to Riverfront Crossings -West Riverfront (RFC -WR) Zone:
IOWA CITY RYERSON'S AND SHARP'S SUBDIVISION LOT 1, COMMENCING AT THE SOUTHWEST
CORNER OF MYRTLE AVENUE AND RIVERSIDE DRIVE; SOUTH 157', THEN WEST 1178% THEN
NORTH 160', THEN EAST 159' TO THE POINT OF BEGINNING.
Ordinance No.
Page 2
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
SECTION III. CONDITIONAL ZONING AGREEMENT The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this _ day of .2018
MAYOR
ATTEST:
CITY CLEW
-
ed ed by
City Attorneys Office /� Z44
Prepared by: Karen Howard, 410 E. Washington, lots City, IA 52240 (319) 356-5251 (REZ16-oo005)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and 513 Riverside, LLC (referred to hereinafter as "Owners").
WHEREAS, Owners are the collective legal title holders of approximately 0.62 acres of
property locally known as 513 S. Riverside Drive in Iowa City; and
WHEREAS, the Owners have requested the rezoning of the subject properties from
Community Commercial (CG -2) Zone to Riverfront Crossings — West Riverfront (RFC -WR); and
WHEREAS, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and above existing
regulations, in order to satisfy public needs caused by the requested change; and
WHEREAS, Riverside Drive is currently an auto -oriented arterial street with high traffic
volumes and higher speeds and little to no space within the public right-of-way for pedestrians and
bicycles and with an excessive number of driveway access points that further increase potential
traffic conflicts between all modes of travel; and
WHEREAS, the Increased density of residential living and urban commercial intensity
allowed with the RFC -WR zoning Will result in the need for an improved "public realm" along
Riverside Drive, including improved streets with safer and more attractive areas for people to walk
and bike; and
WHEREAS, the requested rezoning will allow a significant increase in the residential
population in the area, which will increase the pedestrian and bicycle traffic along Riverside Drive
and, therefore, additional public right-of-way to widen pedestrian areas along Riverside Drive will
be needed; and
WHEREAS, certain conditions and restrictions are reasonable to ensure the
development of the property is consistent with the Comprehensive Plan, including the need for
a safe, attractive, and comfortable environment for residential living and improved streets that
will encourage walking and biking and improve traffic safety; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions to ensure improved pedestrian and bicycle safety and comfort and to provide for
safe traffic circulation upon redevelopment, the requested zoning is consistent with the
Comprehensive Plan; and,
WHEREAS, the high percentage of housing cost -burdened households is the most
common housing problem within the City of Iowa City, and one of the primary areas where people
face housing affordability challenges is near the University campus and the City's urban core; and,
WHEREAS, the Riverfront Crossings District Is well -situated to support a mix of housing
due to its close proximity to downtown Iowa City and the University of Iowa campus, its existing
and planned mix of uses, convenient access to public transit and municipal parking facilities; and
WHEREAS, the Riverfront Crossings Form Based Code Is intended to encourage a
walkable, pedestrian -friendly area where residents can work, live and play, and will Increase the
need for housing that is affordable to the workforce; and
WHEREAS, the rezoning to RFC WR will allow residential development at a density not
previously permitted; and,
WHEREAS, the Riverfront Crossings Form Based Code requires that upon a rezoning to
a riverfront crossings zoning designation, the property owner must enter into an agreement with
the city to establish which method or methods the Developer will use to provide the required
affordable housing.
NOW. THEREFORE, in consideration of the mutual promises contained herein, the parties
1 of 4
agree as follows:
Owners are the collective the legal title holders of the property legally described as
follows:
IOWA CITY RYERSON'S AND SHARP'S SUBDIVISION LOT 1, COMMENCING AT
THE SOUTHWEST CORNER OF MYRTLE AVENUE AND RIVERSIDE DRIVE; SOUTH
157', THEN WEST 1781; THEN NORTH 1601, THEN EAST 159' TO THE POINT OF
BEGINNING.
2. The Owners acknowledge that the City wishes to ensure conformance to the principles
of the Comprehensive Plan, including the West Riverfront Subdistrict of the Downtown
and Riverfront Crossings Master Plan, and the Owners intend to comply therewith.
Further, the parties acknowledge that Iowa Code §414.5 (2017) provides that the City of
Iowa City may impose reasonable conditions on granting a rezoning request, over and
above the existing regulations, in order to satisfy public needs caused by the requested
change.
3. In consideration of the City's rezoning the subject property, Owners agree that
development of the subject property will conform to all requirements of the zoning
chapter, as well as the fallowing conditions:
a. Prior to issuance of any permit for any improvements to the subject property or
coincident with the City's street Improvement project, whichever occurs first, land
shall be dedicated to the City along Riverside Drive to Improve conditions along
the street necessary for the increase in pedestrians and bicyclists anticipated
with the rezoning according to the goals and objectives of the Rlverfront
Crossings Master Plan. The ROW dedication shall result in a minimum 20 foot
wide pedestrian area between the new front property line and the street curb
along the Riverside Drive frontage, including at the comer of Riverside Drive and
Myrtle Avenue;
b. Prior to Issuance of any permit for any improvements to the subject property or
coincident with the City's street Improvement project, whichever occurs first, the
two driveways closest to the Intersection of Riverside Drive and Myrtle Avenue
shall be closed and the area subsequently restored and improved for pedestrian
use. In addition, prior to issuance of any permit for any improvements to the
subject property or coincident with the City's street improvement project,
whichever occurs first, the southernmost driveway on the Riverside Drive
frontage shall be evaluated according to the City's access management
standards as set forth in Article 14-5C of the City Code of Iowa City, with the City
reserving the right to close or move driveway access points, or reduce to a single
directional drive (such as right-outonly), in compliance with said standards;
c. Owner shall safisfy the affordable housing obligations Imposed pursuant to Iowa
City Code of Ordinances 1426-8 through the provision of on-site owner -
occupied dwelling units, on-site rental dwelling units, and/or the payment of a fee
In lieu of the remaining dwelling units not provided on-site or as otherwise agreed
to between Owner and the City in an affordable housing agreement entered into
prior to issuance of a building permit for development of any portion of the above-
described property.
2of4
4. The conditions contained herein are reasonable conditions to impose on the land under
Iowa Code §414.5 (2017), and that said conditions satisfy public needs that are caused
by the requested zoning change.
5. In the event the subject property is transferred, sold, redeveloped, or subdivided, all
development will conform with the terms of this Conditional Zoning Agreement.
6. This Conditional Zoning Agreement shall be deemed to be a covenant running with the
land and with title to the land, and shall remain in full force and effect as a covenant with
title to the land, unless or until released of record by the City of Iowa City.
7. This agreement shall inure to the benefit of and bind all successors, representatives, and
assigns of the parties.
8. Nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or
Applicant from complying with all other applicable local, state, and federal regulations.
9. This Conditional Zoning Agreement shall be incorporated by reference into the
ordinance rezoning the subject property, and that upon adoption and publication of the
ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at
the Owners' expense.
Dated this day of
CITY OF IOWA CITY
James Throgmorton, Mayor
Attest:
VPpov
-T,-D-6-1y--1r,7
City Attorney's Office
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
3of4
2015(.
OWN �.
By: Riverside, LLC
a, /'C'( 1ravcf
This instrument was acknowledged before me on
2017 by James
Throgmorton and Julie Voparil as Mayor and Deputy City Clerk, respectively, of the City of Iowa
City.
Notary Public in and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
My commission expires:
513 RIVERSIDE, LLC ACKNOWLEDGMENT:
STATE OF IOWA
) as:
JOHNSON COUNTY) /-
This instrument was acknowledged before me on IflWaL 169 , 201/ by
Cf1 WIeS 6PAVt (Name(s) of individual(s) as
(type of authority, such as officer or trustee) of 513 Riverside LLC.
IIIIIIIIrf1:. .�Cm
-77777
/ r
Notary P�nd for the State
(Stamp or Seal)
Title (and Rank)
My commission expires:
4of4
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Botchway
Cole
Mims
Salih
Taylor
Thomas
Throgmorton
First Consideration 04/17/2018
Voteforpassage: AYES: Salih, Taylor, Thomas, Throgmorton,
Botchway, Cole, Mims. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
that the
66
Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 3193565240
(REZ18-00011)
Ordinance No.
Ordinance rezoning property located at 715 Park Road from Low
Density Single Family Residential (RS -5) to RS -5 with a Historic
Preservation Overlay (RS -5 / OHP) zone. (REZ18-00011)
Whereas, the applicant, the Historic Preservation Commission, has requested a rezoning of
property located at 715 West Park Road from Low Density Single Family Residential (RS -5) to
Low Density Single Family Residential with a Historic Preservation Overlay (RS -5 / OHP); and
Whereas, this structure was built in 1917 in the American Tudor Revival style with elements of
the English Arts -and -Crafts style and is associated with Dr. Albert Henry Byfield, the founding
Department Chair of the Pediatrics Department in the University of Iowa College of Medicine; and
Whereas, this building was listed on the National Register of Historic Places in March 2017;
and
Whereas, Goal 1 of the Historic Preservation component of the Comprehensive Plan calls
for identification of resources significant to Iowa City's past with the objective of designating
individual buildings as landmarks; and
Whereas, the Historic Preservation Commission has reviewed the proposed Historic
Landmark designation, has found that it meets the criteria for landmark designation in its
association with a significant Iowa City resident and its distinctive architecture; and
Whereas, the Planning and Zoning Commission has reviewed the proposed Historic
Landmark designation rezoning, has found that it meets the Comprehensive Plan goal of
preserving historic neighborhoods;
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Historic Landmark Approval. Property described below is hereby reclassified from its
current zoning designation of Low Density Single Family Residential (RS -5) zone to Low Density
Single Family Residential with a Historic Preservation Overlay (RS -5 / OHP) zone:
Commencing at the Northeast comer of Block 3, in Manville Addition to Iowa City, Iowa, according
to the recorded Plat thereof, thence West along the North line of said Block 3 to the West line of
Woolf Avenue (now vacated) 325.5 feet, thence South 190 feet along the West line of Woolf
Avenue (now vacated), thence East 90 feet, thence South 79 degrees 11 minutes East 92.2 feet,
thence East 150 feet to the East line of said Block 3 to a point which is 214 feet South of the
Northeast comer of said Block 3, thence North along the East line of said Block 3 to a point of
beginning, together with an easement for right of way purposes upon, over, along, and across the
concrete drive located as shown on Plat of survey dated and recorded September 19, 1957, in
Plat Book 4, page 382 in the records of the Recorder's office of Johnson County, Iowa, and
subject to easement of record for right of way upon, over, along and across said concrete drive
located as shown on said Plat of survey; provided however, that the following described property
is excepted from this conveyance: Commencing at the NW comer of Block 3, in Manville Addition
to Iowa City, Iowa, according to the recorded Plat thereof, thence West along the North line of
said Block 3 extended 25 feet to the West line of Woolf Avenue (now vacated); thence South
approximately 190 feet along the West line of Woolf Avenue (now vacated) to an existing iron pin
which lies 189. 08 feet S 0 degrees 00'00" of the aforedescribed point; thence East approximately
90.0 feet to an existing iron pin which lies 89.96 feet N 89 degrees 59'30" E of the aforedescribed
point; thence on an approximate bearing S 79 degrees 11 'E, approximately 92.2 feet to an
existing iron pin which lies 92.08 feet S 79 degrees 10'20" E of the aforedescribed point; thence
Ordinance No.
Page 2
Northwesterly along a curve concave Northeasterly identified by the West edge of an existing
concrete drive to an iron pin which lies 73.05 feet N 56 degrees 09'55" W of the aforedescribed
point; thence N 21 degrees 21 '05" W, 75.79 feet to an iron pipe; thence N 0 degrees 00'00",
97.44 feet to an iron pipe; thence S 88 degrees 38'10" W, along the North line of said Block 3,
67.20 feet to the point of beginning.
Section II Zoning Mao. The Building Inspector is hereby authorized and directed to change
the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final
passage, approval and publication of this ordinance by law.
Section III. Certification And Recording. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the
same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all
as provided by law.
Section IV. Repealer. All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
Section V. Severability. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section VI. Effective Date. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of
20
Mayor
Approved by:
4�l�faer
City Clerk dityttorney's Office q I ie
Ordinance No.
Page
It was moved by and seconded by_
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Botchway
Cole
Mims
Salih
Taylor
Thomas
Throgmorton
First Consideration 04/17/2018
Vote forpassage:AYES: Taylor, Thomas, Throgmorton, Botchway,
Cole, Mims, Salih. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
that the
Sri
Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-3565240
(REZ18-00010)
Ordinance No.
Ordinance rezoning property located at 1029 North Dodge Street
from Medium Density Single Family Residential (RS -8) to RS -8 with a
Historic Preservation Overlay (RS -8 / OHP). (RFZ18-00010)
Whereas, the applicant, the Historic Preservation Commission, has requested a rezoning of
property located at 1029 North Dodge Street from Medium Density Single Family Residential IRS -
8) to Medium Density Single Family Residential with a Historic Preservation Overlay (RS -8 /
OHP); and
Whereas, this structure was originally constructed in 1893 and is a Queen Anne -style house
with evidence of a transitional Colonial Revival Style;
Whereas, Goal 1 of the Historic Preservation component of the Comprehensive Plan calls
for identification of resources significant to Iowa City's past with the objective of designating
individual buildings as landmarks; and
Whereas, the Historic Preservation Commission has reviewed the proposed Historic
Landmark designation, has found that it meets the criteria for landmark designation in its
significant to Iowa City architecture and its distinctive Queen Anne and Colonial Revival
characteristics; and
Whereas, the Planning and Zoning Commission has reviewed the proposed Historic
Landmark designation rezoning, has found that it meets the Comprehensive Plan goal of work
proactively to preserve historic neighborhoods and properties which reflect the organic
development of neighborhoods in the community;
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Historic Landmark Approval. Property described below is hereby reclassified from its
current zoning designation of Medium Density Single Family Residential (RS -8) zone to Medium
Density Single Family Residential with a Historic Preservation Overlay (RS -8 / OHP) zone:
All of Lot 43, except the North 213 feet thereof, of the Sub -division of the SE'/< of Section 3, in
Township 79 North, Range 6 West of the 5th Prime Meridian.
Section II. Zoning Map. The Building Inspector is hereby authorized and directed to change
the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final
passage, approval and publication of this ordinance by law.
Section III. Certification And Recording. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the
same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all
as provided by law.
Section IV. Repealer. All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
Section V. Severability. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section VI. Effective Date. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of 20
Ordinance No.
Page 2
Mayor
Approved by:
City Clerk Ci �Attonney's Office
`f'17/if
Ordinance No.
Page
It was moved by and seconded by_
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
First Consideration 04
Vote for passage: AYES:
Salih,Taylor. NAYS:
Second Consideration _
Vote for passage:
Date published
Botchway
Cole
Mims
Salih
Taylor
Thomas
Throgmorton
7/2018
that the
Thomas, Throgmorton, Botchway, Cole, Mims,
None. ABSENT: None.
5e�
Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
(REZ18-00012)
Ordinance No.
Ordinance rezoning property located at 504 East Bloomington Street
from Commercial Office (CO -1) to CO -1 with a Historic Preservation
Overlay (CO -1 / OHP). (REZ18-00012)
Whereas, the applicant, the Historic Preservation Commission, has requested a rezoning of
property located at 504 East Bloomington Street from Commercial Office (CO -1) to Commercial
Office with a Historic Preservation Overlay (CO -1 / OHP); and
Whereas, this structure was built in 1880 by George and Helen Hummer, prominent Iowa City
residents connected to George Hummer Mercantile Co.; and
Whereas, the Comprehensive Plan encourages the preservation of older housing stock in the
Central District and preservation of historic assets; and
Whereas, Goal 1 of the Historic Preservation component of the Comprehensive Plan calls
for identification of resources significant to Iowa City's past with the objective of designating
individual buildings as landmarks; and
Whereas, the Historic Preservation Commission has reviewed the proposed Historic
Landmark designation, has found that it meets the criteria for landmark designation in its
association with a significant Iowa City resident and its distinctive architecture; and
Whereas, the Planning and Zoning Commission has reviewed the proposed Historic
Landmark designation rezoning, has found that it meets the Comprehensive Plan goal of
providing incentives to maintain and reinvest in older housing, preserving historic neighborhoods
and identifying historic resources that are not currently protected by landmark designation;
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Historic Landmark Approval. Property described below is hereby reclassified from its
current zoning designation of Medium Density Single Family Residential (CO -1) zone to Medium
Density Single Family Residential with a Historic Preservation Overlay (CO -1 / OHP) zone:
South 110 feet of Lot 5 in Block 37, Original Town, Iowa City, Iowa
Section II. Zoning Map. The Building Inspector is hereby authorized and directed to change
the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final
passage, approval and publication of this ordinance by law.
Section III. Certification And Recording. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the
same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all
as provided by law.
Section IV. Repealer. All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
Section V. Severability. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section VI. Effective Date. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of 20_.
Ordinance No.
Page 2
Mayor
Approved by:
aJ
City Clerk City Attorney's Office
1/01t
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Botchway
Cole
Mims
Salih
Taylor
Thomas
Throgmorton
First Consideration 04/17/2018
Voteforpassage: AYES: Throgmorton, Botchway,
Taylor, Thomas. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
that the
Cole, Mims,"Salih,
-4
Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
(REZ18-00009)
Ordinance No.
Ordinance rezoning property located at 213 East Market Street from
Central Business Support (CB -5) to CB -5 with a Historic Preservation
Overlay (CB -5 / OHP). (REZ18-00009)
Whereas, the applicant, the Historic Preservation Commission, has requested a rezoning of
property located at 213 East Market Street from Central Business Support (CB -5) to Central
Business Support with a Historic Preservation Overlay (CB -5 / OHP); and
Whereas, this structure was originally constructed in 1870 by a prominent participant in the
brewery industry;
Whereas, the Comprehensive Plan encourages the preservation of historic buildings in the
Northside Marketplace; and
Whereas, Goal 1 of the Historic Preservation component of the Comprehensive Plan calls
for identification of resources significant to Iowa City's past with the objective of designating
individual buildings as landmarks; and
Whereas, the Historic Preservation Commission has reviewed the proposed Historic
Landmark designation, has found that it meets the criteria for landmark designation in its
significance to Iowa City history, integrity of location and design, and has recommended approval;
and
Whereas, the Planning and Zoning Commission has reviewed the proposed Historic
Landmark designation rezoning, has found that it meets the Comprehensive Plan goals of
protecting the historic character of the Northside Marketplace and emphasizing the historic
significance of the 19th century brewery industry in this area;
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Historic Landmark Approval Property described below is hereby reclassified from its
current zoning designation of Central Business Support (CB -5) zone to Central Business Support
with a Historic Preservation Overlay (CB -5 / OHP) zone:
West 40 feet, Lot 3, Block 67, Original Town, Iowa City, Iowa.
Section II. Zoning Map. The Building Inspector is hereby authorized and directed to change
the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final
passage, approval and publication of this ordinance by law.
Section III. Certification And Recording. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the
same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all
as provided by law.
Section IV. Repealer. All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
Section V. Severability. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section VI. Effective Date. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of 20
Ordinance No.
Page 2
Mayor
Approved by: Q
IL
JSL"'`G4 9310--r� iG�
City Clerk ((ity Orney's Office
q / a l,p
Ordinance No.
Page
It was moved by and seconded by that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Botchway
Cole
Mims
Salih
Taylor
Thomas
Throgmorton
First Consideration 04/17/2018
Vote for passage: AYES: Botchway, Cole, Mims, Salih, Taylor,
Thomas, Throgmorton. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
w
Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
(REZ18-00006)
Ordinance No.
Ordinance rezoning property located at 412 North Dubuque Street
from High Density Multi -Family Residential (RM -44) to RM -44 with a
Historic Preservation Overlay (RM -44 / OHP). (RF218-00006)
Whereas, the applicant, the Historic Preservation Commission, has requested a rezoning of
property located at 412 North Dubuque Street from High Density Multi -Family Residential (RM -44)
to High Density Multi -Family Residential with a Historic Preservation Overlay (RM -44 / OHP); and
Whereas, this structure was originally constructed between 1865 and 1875 and was home to
prominent Iowa City residents Sylvanus Johnson and David Boarts; and
Whereas, the Comprehensive Plan encourages the preservation of historic buildings in the
neighborhoods surrounding the University of Iowa campus; and
Whereas, Goal 1 of the Historic Preservation component of the Comprehensive Plan calls
for identification of resources significant to Iowa City's past with the objective of designating
individual buildings as landmarks; and
Whereas, the Historic Preservation Commission has reviewed the proposed Historic
Landmark designation, has found that it meets the criteria for landmark designation in its
significance to Iowa City history, integrity of location and design, and has recommended approval;
and
Whereas, the Planning and Zoning Commission has reviewed the proposed Historic
Landmark designation rezoning, has found that it meets the Comprehensive Plan goals of
providing incentives to maintain and improve older housing stock, especially near the University
Campus and identifying historic resources that are not currently protected by landmark
designation;
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Historic Landmark Approval. Property described below is hereby reclassified from its
current zoning designation of High Density Multi -Family (RM -44) zone to High Density Multi -
Family with a Historic Preservation Overlay (RM -44 / OHP) zone:
North 50 feet of Lot 5, Block 70,*Odginal Town, Iowa City, Iowa
Section It. Zoning Map. The Building Inspector is hereby authorized and directed to change
the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final
passage, approval and publication of this ordinance by law.
Section III. Certification And Recording. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the
same, at the office of the County Recorder of Johnson. County, Iowa, at the owner's expense, all
as provided by law.
Section IV. Repealer. All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
Section V. Severability. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section VI. Effective Date. This Ordinance shall be in effect after its final passage, approval and
publication, as provided bylaw.
Passed and approved this day of 20_.
Ordinance No.
Page 2
Mayor
Attest:
City Clerk
Approved by:
LJ�7 `*�vl�/oN'� WFT1�''i✓
City Attonneys Office c) ►i /l b
Ordinance No.
Page
It was moved by and seconded by_
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
First Consideration 04/17/2018
Vote for passage: AYES:
Cole. NAYS: None.
Second Consideration _
Vote for passage:
Date published
Botchway
Cole
Mims
Salih
Taylor
Thomas
Throgmorton
that the
Cole, Mims, Salih, Taylor, Thomas, Throgmorton,
ABSENT: None.
Deferred to 5/15/18
5h
Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
(REZ18-00008)
Ordinance No.
Ordinance rezoning property located at 319 East Bloomington Street
from Central Business Service (CB -2) to CB -2 with a Historic
Preservation Overlay (CB -2 / OHP). (REZ18-00008)
Whereas, the applicant, the Historic Preservation Commission, has requested a rezoning of
property located at 319 East Bloomington Street from Central Business Service (CB -2) to Central
Business Service with a Historic Preservation Overlay (CB -2 / OHP); and
Whereas, this structure was originally constructed in 1878-1879 by prominent participants in
the brewery industry;
Whereas, the Comprehensive Plan encourages the preservation of historic buildings in the
Northside Marketplace; and
Whereas, Goal 1 of the Historic Preservation component of the Comprehensive Plan calls
for identification of resources significant to Iowa City's past with the objective of designating
individual buildings as landmarks; and
Whereas, the Historic Preservation Commission has reviewed the proposed Historic
Landmark designation, has found that it meets the criteria for landmark designation in its
significance to Iowa City history, integrity of location and design, and has recommended approval;
and
Whereas, the Planning and Zoning Commission has reviewed the proposed Historic
Landmark designation rezoning, has found that it meets the Comprehensive Plan goals of
protecting the historic character of the Northside Marketplace and emphasizing the historic
significance of the 19th century brewery industry in this area;
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Historic Landmark Approval. Property described below is hereby reclassified from its
current zoning designation of Central Business Service (CB -2) zone to Central Business Service
With a Historic Preservation Overlay (CB -2 / OHP) zone:
East 65 feet of Lot 2, Block 58, excepting the South 60 feet of the East 10 feet thereof, Original
Town, Iowa City, Iowa
Section II. Zoning Map. The Building Inspector is hereby authorized and directed to change
the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final
passage, approval and publication of this ordinance by law.
Section III. Certification And Recording. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the
same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all
as provided by law.
Section IV. Repealer. All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
Section V. Severability. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section VI. Effective Date. This Ordinance shall be in effect after its final passage, approval and
publication, as provided bylaw.
Passed and approved this day of 20_
Ordinance No.
Page 2
Mayor
Attest:
City Clerk
Approved by:
-,8"
Deferred to 5/15/18
Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
(REZ18-00007)
Ordinance No.
Ordinance rezoning property located at 410-412 North Clinton Street
from High Density Multi -Family Residential (RM -44) to RM -44 with a
Historic Preservation Overlay (RM -44 / OHP). (REZ18-00007)
Whereas, the applicant, the Historic Preservation Commission, has requested a rezoning of
property located at 410 North Clinton Street from High Density Multi -Family Residential (RM -44) to
High Density Multi -Family Residential with a Historic Preservation Overlay (RM -44 / OHP); and
Whereas, this structure was originally constructed in 1865 and is associated with several
prominent figures from Iowa City's history; and
Whereas, the Comprehensive Plan encourages the preservation of historic buildings in the
neighborhoods surrounding the University of Iowa campus; and
Whereas, Goal 1 of the Historic Preservation component of the Comprehensive Plan calls
for identification of resources significant to Iowa City's past with the objective of designating
individual buildings as landmarks; and
Whereas, the Historic Preservation Commission has reviewed the proposed Historic
Landmark designation, has found that it meets the criteria for landmark designation in its
significance to Iowa City history, integrity of location and design, and has recommended approval;
and
Whereas, the Planning and Zoning Commission has reviewed the proposed Historic
Landmark designation rezoning, has found that it meets the Comprehensive Plan goals of
providing incentives to maintain and improve older housing stock, especially near the University
Campus and identifying historic resources that are not currently protected by landmark
designation;
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Historic Landmark Approval. Property described below is hereby reclassified from its
current zoning designation of High Density Multi -Family (RM -44) zone to High Density Multi -
Family with a Historic Preservation Overlay (RM -44 / OHP) zone:
North Half of Lots 5 and 6, Block 75, Original Town, Iowa City, Iowa
Section II. Zoning Map. The Building Inspector is hereby authorized and directed to change
the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final
passage, approval and publication of this ordinance by law.
Section III. Certification And Recording. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the
same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all
as provided by law.
Section IV. Repealer. All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
Section V. Severability. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section VI. Effective Date. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of , 20
Ordinance No.
Page 2
Mayor
Attest:
City Clerk
Approved by:
-4µ �k�LGrie,dEbti"'
City Attorney's Office
)3
Prepared by: Jacklyn Budding, Budget & Compliance Officer, 410 E. Washington St., Iowa City,
IA 52240 (319) 356-5063
Ordinance No. 18-4745
Ordinance amending Title 3, entitled "Finances, Taxation and
Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges,
Bonds, Fines and Penalties"; and Title 16, entitled "Public
Works," Chapter 3, entitled "City Utilities," Article A, entitled
"General Provisions," Section 5 entitled "Establishing City
Utility Accounts; Deposits Required."
Whereas, pursuant to Chapter 384, Code of Iowa (2017), the City of Iowa City is authorized to
establish and provide for the collection of rates to pay for the City's utility systems, including the
City's water supply and treatment system; and
Whereas, the City's financial policies dictate that the Water fund shall be self-supporting; and
Whereas, the City's current water rate structure does not provide revenue to sufficiently fund the
necessary water main replacements and water fund capital program; and
Whereas, the Iowa City City Council intends to provide a water rate and fee structure that makes
the City's water utility self-sustaining; and
Whereas, to that end, the Iowa City City Council proposes to increase water user charges by 5%
on July 1, 2018 to recover the City's cost of providing those services; and
Whereas, City staff seeks to codify the fees charged for after-hours callouts for any water work done
outside of normal working hours; and
Whereas, the cost of the SurePay discount continues to rise, and people are no longer needing to
be incentivized to sign up for SurePay; and
Whereas, the limit is set by the State for charges for returned checks/automatic bank debits, and
the fees for returned checks/automatic bank debits need not be codified; and
Whereas, the City has been providing a Low -Income Discount program for several years already;
and
Whereas, the policies for the Low -Income Discount program should be codified; and
Whereas, similar to the Low -Income Discount program, the delinquency deposit is waived if the
account holder enrolls in SurePay.and
Whereas, it is in the best interests of the City to enact the following ordinance.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Amendments.
1. Title 3, entitled "Finances, Taxation and Fees," Chapter 4, entitled "Schedule of Fees,
Rates, Charges, Bonds, Fines and Penalties," Section 3, entitled "Potable Water Use
Ordinance No. 18-4745
Page 12
and Service," of the City Code is hereby amended by deleting it in its entirety and
replacing it as follows:
3-4-3: POTABLE WATER USE AND SERVICE:
Description Of Fee,
Charge,
Amount Of Fee, Charge,
Bond, Fine Or Penalty
Bond, Fine Or Penalty
Water service charges
Charge
i (see section 16-3A-4 of
this code):
Meter Size
(Inches)
F July 1, 2018
For first 100 cubic feet
s/8, 5/8 x 3/4
$ 7.42
or less of water used,
3/4
8.11
based on meter size
1
9.56
11/2
19.06
2
25.63
3
47.37
4
82.62
6
166.25
r—
There will be no minimum monthly charge for a single purpose water meter for the
months of November to March if no water is used.
User charges for water in
Monthly
Charge Per 100 Cubic Feet
i excess of 100 cubic feet
Usage
--July
per month:
(Cubic Feet)
1, 2018
Dual purpose meters
101 -3,000
$3.47
Over 3,000
$2.49
Single purpose
meters
Over 100
$3.47
Charge
Other charges and
July 1, 2018
discounts:
Low Income Discount
60% of minimum monthly water
charge
Temporary water use
(see subsection 16 -3A -4B
of this code):
During construction for
Charge Per Month
I
the first 90 days from
the date of the
July 1, 2018
connection to the water
main for a new water
Ordinance No. 18-4745
Page 13
service amaximum
of 90 days for
reconstruction:
Single- and two- $17 37
family residences
--[
lti-family $17.37
Freus
idences
Commercial
structures
$28.94
After 90 days for any
structure, until the
water meter is
$115.76
installed
Charge
July 1, 2018
Direct purchase of water
$0.50
fee, per 100 gallons or
fraction thereof (see
subsection 16 -3A -4C of
this code)
Deposit and delinquency
fee for combined city
water and/or sanitary
sewer and/or solid waste
collection accounts (see
I
section 16-3A-5 of this
code):
Residential owner
account
r Residential tenant $120 .00
account I
r—
Commercial account An amount equal to an average 2 -month billing for
commercial service for city water and/or sanitary sewer I
service, or $120.00, whichever is greater
r
5 percent delinquency charge on current billed portion of the outstanding amount on
combined water and/or sanitary sewer and/or solid waste account that is not paid
within 22 days of billing date. Can be waived once every 12 months i
Ordinance No. 18-4745
Page 14
Delinquency deposit fee
An amount equal to an average 2 -month billing for the
for combined water
delinquent account. Can be
waived if the account holder
and/or sanitary sewer
enrolls in SurePay.
and/or solid waste
collection accounts (see
section 16-3A-5 of this
code)
Charge
July 1, 2018
To connect water main
extensions, per acre
$456.75
i
Service
Fees !
During Normal
After Normal
Working Hours
Working Hours' j
Reconnection of
$45.00
$84.00
discontinued service
rPosting fee for shutting
$45.00; Can be waived
Not done after normal working
off water in collection
once in the lifetime of the
hours
procedure
account.
Frozen water meters
$36.75, plus cost of
meter
$84.00, plus cost of meter
Shut off water service at
No charge
$84.00, plus hourly overtime rate
curb and check for
beyond 2 hours
exterior leaks
Broken or damaged
Repair cost
$84.00, plus repair cost i
hydrant
Location of city owned
No charge
No charge
water main for other
utilities
;
Location of city owned
—
No charge
—
$84.00, plus hourly overtime rate I
water main for private
beyond 2 hours ,
enterprise
Check water meter for
$80.85
Not done after normal working
accuracy at consumer's
hours i
request
i
Annual fire hydrant fee for
$95.55
Not done after normal working
inspection and operation
hours
Ordinance No. 18-4745
Page 15
of fire hydrants which are
privately owned or owned
by other government
agencies
After-hours callout fee for Not applicable
any water work done
outside of normal working
hours
Note:
$84.00, plus hourly overtime rate
beyond 2 hours
1. The water division's normal working hours are 7:00 A.M. to 3:30 P.M., Monday through
Friday.
2. Title 3, entitled "Finances, Taxation and Fees," Chapter 4, entitled "Schedule of Fees,
Rates, Charges, Bonds, Fines and Penalties," Section 4, entitled "Wastewater Treatment
Works User Charges," of the City Code is hereby amended by deleting it in its entirety
and replacing it as follows:
3-4-4: WASTEWATER TREATMENT WORKS USER CHARGES:
Sanitary Sewer Service Charges;
Amount Of Fee, Charge,
City Code
Description Of Fee, Charge, Bond, Fine
Bond, Fine Or Penalty
Chapter, Article
Or Penalty
Or Section
Reference
Minimum monthly charge (includes the
16-3A-4
$8.15
first 100 cubic feet of water used)
Monthly charge for each additional 100
$3.99 16-3A-4
cubic feet of water used
Low Income Discountrcharga
0fmonthlyminimum
Monthly surcharge:
T
-
BOD (per pound) 300 or less MPL'
Included in charge for
i6 -3A-4
100 cubic feet of water
used
Ordinance No. 18-4745
Page 16
Monthly minimum, unmetered user
-- --- — ---
Manufactured housing park, monthly
minimum per lot
Holding tank waste - plus landfill fees
$33.36
$33.36
16-3A-4
16-3A-4
$0.032 per gallon I 16-3A-4
r -
Holding tank waste hauler - annual$907.00 per year 16-3A-4
permit
Deposit and delinquency fee for 16-3A-5, 16 -3A -
combined city water and/or sanitary 7
sewer and/or solid waste collection
accounts:
Residential owner account, per $0.00
combined residential service for city
water and/or sanitary sewer and/or
solid waste collection service
Residential tenant account, per
combined residential service for city
water and/or sanitary sewer and/or
solid waste collection service
5 percent delinquency charge on
current billed portion of the outstanding
amount on combined water and/or
sanitary sewer and/or solid waste
$120.00
5.0 percent current billed
portion. Can be waived
once every 12 months.
BOD (per pound) from 301 MPL to
$0.284
2,000 MPLI
r-
- --- -- - -
BOD (per pound) greater than 2,000
--
$0.425
MPL'
$0.227
r— Suspended solids (SS) (per pound)
Monthly minimum, unmetered user
-- --- — ---
Manufactured housing park, monthly
minimum per lot
Holding tank waste - plus landfill fees
$33.36
$33.36
16-3A-4
16-3A-4
$0.032 per gallon I 16-3A-4
r -
Holding tank waste hauler - annual$907.00 per year 16-3A-4
permit
Deposit and delinquency fee for 16-3A-5, 16 -3A -
combined city water and/or sanitary 7
sewer and/or solid waste collection
accounts:
Residential owner account, per $0.00
combined residential service for city
water and/or sanitary sewer and/or
solid waste collection service
Residential tenant account, per
combined residential service for city
water and/or sanitary sewer and/or
solid waste collection service
5 percent delinquency charge on
current billed portion of the outstanding
amount on combined water and/or
sanitary sewer and/or solid waste
$120.00
5.0 percent current billed
portion. Can be waived
once every 12 months.
Ordinance No. 18-4745
Page 17
accountthat is not paid within 22 days
of billing date
Delinquency deposit fee for combined city
water and/or sanitary sewer and/or solid
waste collection accounts
1. Milligrams per liter (MPL).
An amount equal to an
average 2 -month billing
for the delinquent
account. Can be waived if
the account holder enrolls
in SurePay.
116-3A-5
3. Title 3, entitled "Finances, Taxation and Fees," Chapter 4, entitled "Schedule of Fees,
Rates, Charges, Bonds, Fines and Penalties," Section 5, entitled "Solid Waste Disposal,"
of the City Code is hereby amended by deleting it in its entirety and replacing it as
follows:
3-4-5: SOLID WASTE DISPOSAL':
— Description Of Fee, Charge, Bond, Fine Or
Charge
Penalty
Yard waste collection fees°:
Per dwelling unit, per month I $2.00
175%
Low Income Discount of monthly charge
r
Untreated wood waste f Free
Collection of large items fees:
1
Appliance collection, per item collected
1
r—
Bulky solid waste
$12.50 per stop and 1 item; $6.00
per additional items
I
Ordinance No. 18-4745
Page 18
Tire collection
$3.75 per tire; $7.50 tire and rim
Residential solid waste collection fees:
—
Curbside household refuse:
—�
Per dwelling unit, per month
$12.00
Low Income Discount
75% of monthly charge
Per sticker for each additional bag beyond
$2.50 each
each unit's monthly allotment
rl
r
Additional refuse carts over 1, per month
$12.00 each
rooming units, per month (in addition
F2Pe,
dwelling unit fees)
Electronic waste
TVs or monitors less than 18 inches
$18.50 per item; TVs or monitors 18
inches or greater $23.50 per item
Curbside recycling: f
—
[Perwelling unit, per month
TLow
Income Discount
75% of monthly charge
Iowa City community compost
$20.00 per ton, $2.00 minimum
Wood chip mulch
$10.00 per ton, $2.00 minimum
Deposit and delinquency fee combined for city
water and/or sanitary sewer and/or solid waste
collection accounts:
Ordinance No. 18-4745
Page 19
Residential owner account, per combined
$0.00
residential service for city water and/or sanitary
sewer and/or solid waste collection service
Residential tenant account, per combined
$120.00
residential service for city water and/or sanitary
sewer and/or solid waste collection service
5 percent delinquency charge on current billed
5 percent current billed portion. Can
portion of the outstanding amount on
be waived once every 12 months.
combined water and/or sanitary sewer and/or
solid waste account that is not paid within 22
days of billing date
Delinquency deposit for combined water and/or
An amount equal to an average 2 -
sanitary sewer and/or solid waste collection
month billing for the delinquent
service
account. Can be waived if the
account holder enrolls in SurePay.
Special wastes disposal fees:
Disposal of special wastes (except for
2 times the landfill use fees in this
asbestos containing material and
section
contaminated soils)
r
Minimum fee
2 times the landfill use fee for 1 ton
r�Asbestos
containing material (ACM):
i
r
Nonfriable ACM, from Iowa City premises
$100.00/ton
subject to a property tax and city owned
property
I
Nonfriable ACM, from other locations
$105.00/ton
i
Friable ACM, from Iowa City premises
$100.00/cubic yard I
subject to a property tax and city owned
property
f
Ordinance No. 18-4745
Page 1 10
Twable
ACM, from other locations
$105.00/cubic yard
100.00
r
Minimum fee for any regulated ACM
r
Contaminated soil:
115.00/ton
TMinimum fee for contaminated soil $150.00
Disposal of large items fees (see also Collection
of large items fees above):
disposal fees:
�Ir
'T
Commercial
Commercial per item disposed
[$1.00/cubic foot
r
I Residential per item disposed I $12:50 (at landfill scale house)
r
rredisposal fee:
Per pound
Subject to minimum fee
Untreated wood waste and yard waste: $24.00/ton
Minimum $2.00
—-- ---
Landfill use fees:
Arriving at the landfill with an unsecured or
uncovered load:
��
First instance in trailing 12 months
Warning
Ordinance No. 18-4745
Page 111
�—rr12nths
orsubsequent instances in trailing $50.00
Electronic waste
Solid waste from Iowa City premises subject to
a property tax and city owned property:
$3.00 per item; TVs or monitors less
than 18 inches $12.00 per item; TVs
or monitors 18 inches or greater
$17.00 per item
Total landfill fee per ton (includes state fee $42.50
perton)
All other solid waste:
Total landfill fee per ton (includes state fee
per ton)
Minimum fee in lieu of tonnage fees (300
pounds or less):
Solid waste from Iowa City premises
subject to a property tax and city owned
property
TAll other solid waste
F
$47.50
$6.50
$7.00
4. Title 3, entitled "Finances, Taxation and Fees," Chapter 4, entitled "Schedule of Fees,
Rates, Charges, Bonds, Fines and Penalties," Section 6, entitled "Stormwater Utility
Fee," of the City Code is hereby amended by deleting it in its entirety and replacing it as
follows:
3-4-6: STORMWATER UTILITY FEE:
Amount Of Fee, Charge,
Description Of Fee, Bond, Charge, Fine Or Penalty Bond, Fine Or Penalty
Ordinance No. 18-4745
Page 112
Stormwater utility fee. Users include all users owning or 1 equivalent residential unit
occupying developed property in the city of Iowa City (ERU) = $4.50 I
Low Income Discount 60% of monthly charge i
5. Title 16, entitled "Public Works," Chapter 3, entitled "City Utilities," Article A, entitled
"General Provisions," Section 5, entitled, "Establishing City Utility Accounts; Deposits
Required," of the City Code is hereby amended by deleting it in its entirety and replacing
it as follows:
16-3A-5: ESTABLISHING CITY UTILITY ACCOUNTS; DEPOSITS REQUIRED:
A. Upon establishing a water service account, a wastewater account and/or a residential solid
waste collection account with the city, the person establishing an account, with the
exception of a residential owner account, shall be required to make a combined account
deposit for city services. The amount of this deposit shall be as provided in the schedule of
fees, title 3, chapter 4 of this code. Persons who have previously been required to post a
delinquent deposit shall be required to make a combined and/or delinquent deposit before
city services are provided.
B. Required deposits shall be held until service is terminated and the account closed. At such
time, the amount of the deposit shall be credited to the account or refunded to the account
holder if the account is closed and paid in full.
C. Upon reestablishing one or more accounts as set forth in subsection A of this section, the
person establishing the account(s) shall be required to make an account deposit for city
services. The amount of the deposit shall be as established in the schedule of fees, title 3,
chapter 4 of this code. Persons who have previously been required to post a delinquent
deposit shall be required to make a combined and/or delinquent deposit before city services
are provided.
D. A delinquency deposit may be charged upon repeated delinquency of any water,
wastewater or solid waste service account. Upon the occurrence of a second delinquency
charge within the last three hundred sixty-five (365) day period, the account holder shall be
required to make a combined deposit equal to the average two (2) month billing for the
account holder's account. The average two (2) month billing shall be based upon the actual
billings during the prior twelve (12) month billing periods. If the account holder already has a
combined deposit on file with the city, that deposit amount will proportionally reduce the
delinquency deposit. The delinquency deposit can be waived if the account holder enrolls in
SurePay.
E. Delinquency deposits shall be held either three hundred sixty-five (365) days after the
deposit was paid or three hundred sixty-five (365) days after the last occurrence of a
delinquent account charge, whichever occurs last. At such time, the deposit shall be
credited to the utility account. If service is terminated within three hundred sixty-five (365)
Ordinance No. 18-4745
Page 113
days of the delinquent account charge, the deposit shall be credited to the account or
refunded if the account is paid in full.
F. Prior to establishing an industrial water service account, the person establishing the account
shall first execute a written agreement with the department of public works. Such accounts
shall be governed by chapter 3, article F, 'Wastewater Treatment Works User Charges", of
this title.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged
to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect July 1, 2018
Passed and approved this 17th day of April , 2018
G•
MAWOR
ATTEST:
CI CLERK
Approved by
City Attorney's Office
Ordinance No. 18-4745
Page 14
It was moved by Thmmn a and seconded by Botchway
Ordinance as read be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
First Consideration 03/20/2018
Vote for passage: AYES:
Botchway, Cole, Mims
Botchway
Cole
Mims
Salih
Taylor
Thomas
Throgmorton
Salih, Taylor, Thomas, Throgmorton,
NAYS: None. ABSENT: None.
that the
Second Consideration 04/02/2018
Vote for passage: AYES. Salih, Taylor, Thomas, Throgmorton, Cole,
Mims. NAYS: None. ABSENT: Botchway.
Date published 04/26/2018
I r CITY OF IOWA CIT 04-17-18
COUNCIL ACTION REPO 13
February 27, 2018
Resolution to Set Public Hearing to Amend the Schedule of Fees, Rates,
Charges, Bonds, Fines and Penalties for FY2019
Prepared By:
Jacklyn Budding, Budget & Compliance Officer
Reviewed By:
Dennis Bockenstedt, Finance Director;
Ashley Monroe, Assistant City Manager
Fiscal Impact:
Water rate adjustments for FY2019 amounting to an increase of
approximately $500,000 per year in revenues
Recommendations:
Staff: Approval
Commission: N/A
Attachments:
Ordinance amending Title 3, Entitled "Finances, Taxation and Fees,"
Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines
and Penalties," and Title 16, entitled "Public Works," Chapter 3,
entitle "City Utilities," Article A, entitled "General Provisions," Section 5
entitled "Establishing City Utility Accounts; Deposits Required"
Executive Summary:
The Finance Department requests the City Council set a public hearing for March 20, 2018 to
consider amending Title 3, Chapter 4 and Title 16, Chapter 3A-5 of the City Code.
Title 3, Chapter 4 amendments include a 5% Water rate increase, the addition of a fee for work
done outside of normal working hours, the elimination of the SurePay discount, the removal of
the charges for a returned check or automatic bank debit. Additionally, the changes include the
codification of the Low Income Discount program.
Title 16, Chapter 3A-5 amendments allow for the delinquency deposit to be waived if the
account holder enrolls in SurePay.
Background / Analysis:
Title 3. Chapter 4 of the City Code is the 'Schedule of Fees Rates Charges Bonds Fines
and Penalties'
Water Rate Adjustments
In May 2008, HDR Engineering completed a comprehensive water rate study for the City. In
that study, they identified the City's challenge to maintain capital funding rates equal to or
greater than depreciation to ensure the replacement of existing infrastructure. They also
recommended that the City implement rate increases of 5% in 2010 and 3% in fiscal year
2011 to fiscal year 2017. Since that study, the City has only implemented 5% increases for
fiscal year 2015 and fiscal year 2016.
'r CITY OF IOWA CITY
Ar i COUNCIL ACTION REPORT
In fiscal year 2017, the Water fund had an ending unassigned un a ance o .
The revised projected fund balance for fiscal year 2018 is $7,781,028, a more than 11%
decrease. The City's five-year capital improvement program projects water funding for capital
projects over the next five years to be between $909,000 and $1,646,000 each year for a total
of $6,562,425. This figure does not include the cost of repairing emergency water main
breaks. Without a rate increase, the fund balance would continue to decline.
The Water fund is an enterprise or a business -type fund that is expected to be self -funding.
The primary solution is to review water rates and charges to ensure that the fund is
generating sufficient revenue to cover both its operating and capital expenses. By
implementing a user rate increase of 5% in fiscal year 2019, the anticipated decline in the
water fund's cash balance is greatly reduced. This solution also provides for a much healthier
and sustainable fund over time versus financing the necessary capital improvements through
revenue bonds or other debt. Over time, the bonded debt payments would actually require
greater rate increases due to their coverage ratios, reserve requirements, interest charges,
and long-term payment schedules.
All fees and charges, within the Water rates, are proposed to be increased 5%, with a few
small exceptions. The fee for the direct purchase of water is proposed to remain at $0.50 per
100 gallons, the deposit for residential tenant accounts is proposed to remain at $120, and
the 'During Normal Working Hours' fees for reconnection of discontinued service and the
posting fee for shutting off water in collection procedure are both proposed to stay at $45
each. With these changes the minimum monthly charge for households with a 5/8 or 5/8 x 3/4
meter size increases from $7.07 to $7.42, and the average residential bill is projected to
increase by approximately $1.50 a month.
A service fee for work done outside of the normal working hours of $84 plus the hourly
overtime rate beyond 2 hours is being added to this water rate ordinance. Previously there
was no fee within the ordinance for this work, and the City was not able to recover the costs
associated with the work done.
Additionally, the discount for enrolling in SurePay is being eliminated. This discount was
originally offered to incentivize people to sign up for SurePay. The cost of this discount
continues to rise, and more people are moving to automatic payments on their own.
Therefore, staff recommends eliminating the SurePay discount for this rate ordinance.
In addition to the proposed changes to the above Water rates and charges, the new
ordinance removes charges for a returned check or automatic bank debit. This charge is not
required to be listed, and the limit is set by the State. It is staffs recommendation that these
charges be removed from the water rate ordinance.
The proposed fee increases are expected to generate enough revenue to be able to support
the increase in funding for the capital improvement program and ensure that the Water fund
remains a self -funding enterprise. The expected increase in revenues is approximately
$500,000 a year.
'r CITY OF IOWA CITY
COUNCIL ACTION REPORT
Codification of the Low Income Discount rogram
A Low Income Discount program was also added in the Water, Wastewater, Solid Waste, and
Stormwater rates. The discount is at 60% of the minimum monthly charge for Water,
Wastewater and Stormwater, and at 75% of the monthly charge for Solid Waste.
Wording was also added to the Water, Wastewater, and Solid Waste rates stating that the 5
percent delinquency charge can be waived once every 12 months, the delinquency deposit fee
can be waived if the account holder enrolls in SurePay, and the $45 posting fee for shut off of
water in the collection procedure can be waived once in the lifetime of the account.
Title 16, Chapter 3A-5 of the City Code is 'Establishing City Utility Accounts: Deposits
Required'.
Delinquency Deposit Adjustments
Title 16, Chapter 3A-5 was also updated to include wording that the delinquency deposit can
be waived if the account holder enrolls in SurePay.
1�
Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248
Ordinance No.
An ordinance providing that general property taxes levied and
collected each year on all property located within the 2017 Amended
Riverside Drive Urban Renewal Area, in the City of Iowa City, County
of Johnson, State of Iowa, by and for the benefit of the State of Iowa,
City of Iowa City, County of Johnson, Iowa City Community School
District and other taxing districts, be paid to a special fund for
payment of principal and interest on loans, rebates, grants, monies
advanced to and indebtedness, including bonds issued or to be
issued, incurred by said city in connection with the Riverside Drive
Urban Renewal Plan.
Whereas, on March 20, 2012, the City Council of the City of Iowa City, Iowa,
approved Ordinance 12-4471, an ordinance regarding the division of revenue for tax
increment financing for the Riverside Drive Urban Renewal Area; and
Whereas the City Council of the City of Iowa City, Iowa, after public notice and
hearing as prescribed by law and pursuant to Resolution No. 17-218 passed and
approved on the 20th day of June, 2017, Amendment No. 3to Riverside Drive Urban
Renewal Plan (the "Urban Renewal Plan") to add projects and add land to the Riverside
Drive Urban Renewal Area ("2017 Amended Area"), which 2017 Amended Area is
described as follows:
The Urban Renewal Area boundary shall extend to and run along the
northerly right-of-way line of Myrtle Avenue, where applicable, and that
area locally known as the "Orchard District", further described as
beginning at the point where the southern right-of-way of West Benton
Street meets the western boundary of the original urban renewal area;
Thence north to the southern boundary of the Iowa Interstate Railway
property; Thence west along the southern Railway boundary to the
northwest corner of Lot 6 in the Orchard Court Subdivision; Thence south
along property lines 264' to the southern right-of-way of the extension of
Orchard Court; Thence east 39' along the southern right-of-way of the
extension of Orchard Court to the northwest comer of Lot 10, Block 4 in
the Cartwright's Addition; Thence south along the property line of Lot 10,
Block 4 157.5' to the southwest corner of the same property; Thence east
along the southern property lines 217.5' to the southeast comer of Lot 8,
Block 4 in Cartwright's Addition; Thence south along the centerline of the
vacated alley to the southern right-of-way of West Benton Street; Thence
east to the point of beginning.
Whereas, expenditures and indebtedness are anticipated to be incurred by the
City of Iowa City, Iowa in the future to finance urban renewal project activities carried out
in furtherance of the objectives of the Urban Renewal Plan on land in the 2017 Amended
Area; and
Whereas, the City Council of the City of Iowa City, Iowa desires to provide for the
division of revenue from taxation in the 2017 Amended Area, as above described, in
accordance with the provisions of Section 403.19 of the Code of Iowa, as amended.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section 1. That the taxes levied on the taxable property in the 2017 Amended
Urban Renewal Area legally described in the preamble hereof, by and for the benefit of
the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School
District, and all other taxing districts from and after the effective date of this Ordinance
shall be divided as hereinafter provided.
Section 2. That portion of the taxes which would be produced by the rate at
which the tax is levied each year by or for each of the taxing districts upon the total sum
of the assessed value of the taxable property in the 2017 Amended Area, as shown on
the assessment roll as of January 1 of the calendar year preceding the first calendar
year in which the City of Iowa City certifies to the County Auditor the amount of loans,
rebates, grants, advances, indebtedness, or bonds payable from the division of property
tax revenue described herein, shall be allocated to and when collected be paid into the
fund for the respective taxing district as taxes by or for the taxing district into which all
other property taxes are paid.
Section 3. That portion of the taxes each year in excess of the base period taxes
determined as provided in Section 2 of this Ordinance shall be allocated to and when
collected be paid into a special tax increment fund of the City of Iowa City, Iowa hereby
established, to pay the principal of and interest on loans, grants, rebates, monies
advanced to, indebtedness, whether funded, refunded, assumed or otherwise, including
bonds or obligations issued under the authority of Section 403.9 or 403.12 of the Code
of Iowa, as amended, incurred by the City of Iowa City, Iowa, to finance or refinance, in
whole or in part, urban renewal projects undertaken within the 2017 Amended Area
pursuant to the Urban Renewal Plan, as amended, except that taxes for the payment of
bonds and interest of each taxing district shall be collected against all taxable property
within the 2017 Amended Area without any limitation as hereinabove provided.
Section 4. Unless or until the total assessed valuation of the taxable property in
the 2017 Amended Area exceeds the total assessed value of the taxable property in the
2017 Amended Area as shown by the last equalized assessment roll referred to in
Section 2 of this Ordinance, all of the taxes levied and collected upon the taxable
property in the 2017 Amended Area shall be paid into the funds for the respective taxing
districts as taxes by or for said taxing districts in the same manner as all other property
taxes.
Section 5. At such time as the loans, advances, indebtedness, bonds and
interest thereon of the City of Iowa City, Iowa referred to in Section 3 hereof have been
paid, all monies thereafter received from taxes upon the taxable property in the 2017
Amended Area shall be paid into the funds for the respective taxing districts in the same
manner as taxes on all other property.
Section 6. All ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed. The provisions of this Ordinance are intended and
shall be construed so as to fully implement the provisions of Section 403.19 of the Code
of Iowa, as amended, with respect to the division of taxes from property within the Urban
Renewal Area as described above. In the event that any provision of this Ordinance
shall be determined to be contrary to law, it shall not affect other provisions or
application of the Ordinance which shall at all times be construed to fully invoke the
provision of Section 403.19 of the Code of Iowa with reference to the 2017 Amended
Area and the territory contained therein.
Section 7. This Ordinance shall be in effect after its final passage, approval and
publication as provided by law.
Passed and approved this day of , 20
MAYOR
ATTEST:
CITY CLERK
Ap oved by
ZA �a>�
City Attorneys Office/y3//d
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Botchway
Cole
Mims
Salih
Taylor
Thomas
Throgmorton
First Consideration 04/02/2018
Vote for passage: AYES: Taylor, Thomas, Throgmorton, Cole,
Mims, Salih. NAYS: None. ABSENT: Botchway.
Second Consideration _
Vote for passage:
Botchway, Cole,
Date published
04/17/2018
AYES: Salih, Taylor, Thomas, Throgmorton,
Mims. NAYS: None. ABSENT: None.
that the
'r 1 CITY OF IOWA CIT
-`�Ott
� COUNCIL ACTION REPO 14
April 2, 2018
An ordinance providing that general property taxes levied and collected
each year on all property located within that area added to the Riverside
Drive Urban Renewal Area in the City of Iowa City, county of Johnson,
State of Iowa, by and for the benefit of the state of Iowa, City of Iowa City,
county of Johnson, Iowa City Community School District and other taxing
districts, be paid to a special fund for payment of principal and interest on
loans, rebates, grants, monies advanced to and indebtedness, including
bonds issued or to be issued, incurred by said city in connection with the
Riverside Drive Urban Renewal Plan
Prepared By: Wendy Ford, Economic Development Coordinator
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: N/A
Recommendations: Staff: Approval
Commission: N/A
Attachments: Ordinance
Executive Summary:
The Riverside Drive Urban Renewal Plan was adopted on October 18, 2011 (Resolution 11-
335). A TIF ordinance was adopted on March 20, 2012 (Ordinance 12-4471), which allowed for
the division of incremental taxes in the urban renewal area to be used for qualifying projects.
The Urban Renewal Area was subsequently amended to add the Orchard neighborhood
(Resolution 17-218). Before the City can utilize the tax increment generated from this additional
land, however, a TIF ordinance for this amended area must be approved.
Background / Analysis:
The main objective in the Riverside Drive Urban Renewal Plan, as amended, is to encourage
and facilitate reinvestment of the area, beautify the commercial corridor and improve
connections between commercial retail uses and adjacent neighborhoods. The adoption of this
TIF ordinance allows the City to use the increase in property taxes resulting from improvements
within the Orchard neighborhood as a source of financing economic development grants for
qualifying urban renewal projects.
Projects in the Riverside Drive Urban Renewal Area have included the Riverside West
Apartments on the former auto sales and service lot, the streetscape design and eventual
pedestrian tunnel through the railroad embankment, riverbank stabilization on the west bank,
continuation of the Iowa River Trail from Benton to Sturgis and the signalization of the
intersection of Riverside Drive and Myrtle Avenue, and funding the local match to the State's
Workforce Housing Tax Credit projects in the district.
IS
Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248
ORDINANCE NO.
An ordinance providing that general property taxes levied and
collected each year on all property located within that area added to
the Foster Road Urban Renewal Area in the City of Iowa City, Iowa,
by and for the benefit of the State of Iowa, City of Iowa City, County
of Johnson, Iowa City Community School District and other taxing
districts, be paid to a special fund for payment of principal and
interest on loans, rebates, grants, monies advanced to and
indebtedness, including bonds issued or to be issued, incurred by
said city in connection with the Foster Road Urban Renewal Plan.
WHEREAS, the City Council of the City of Iowa City, Iowa, after public
notice and hearing as prescribed by law and pursuant to Resolution No. 18-75
passed and approved on March 20, 2018 adopted the Foster Road Urban
Renewal Plan (the "Urban Renewal Plan") for an urban renewal area known as
the Foster Road Urban Renewal Area, (the "Urban Renewal Area"), which
includes the area legally described as follows:
Commencing at the Northwest comer of Lot 16, Balls Subdivision, as shown in
Plat Book 3, Page 100; proceeding northeasterly along the south right-of-way line
of Foster Road, as shown in Exhibits A-1 and B-1 of the Condemnation records
recorded in Book 3100, Page 358; thence following said ROW line to its
intersection with the East-West % Section line of NW '/< of Section 3, Township
79N, Range 6W; thence East along said Section line to the SE comer of the NE
'/e of the NW '% of Section 3, Township 79N, Range 6W; thence continuing East
along the East-West 1/4 section line to the SW comer of the NE 1/4 of the NE 1/4
of Section 3, Township 79N, Range 6W, as shown on the Final Plat of a re-
subdivision of Lot 30, Conway's Subdivision, Plat Book 17, Page 53; thence
North along the West line of Lot 30, Conway's Subdivision, Plat Book 4, Book
253, to the Northwest comer of Lot 25, Conway's Subdivision, Plat Book 4, Page
253; thence northeasterly along the North boundary of Conway's Subdivision to
the Northeast comer of Lot 15 and continuing easterly to the eastern Prairie Du
Chien Road ROW line; thence northwesterly along the eastern ROW line to the
Northeast corner of Auditor's Parcel "A", recorded in Plat Book 32, Page 52, said
line also being the South ROW of Interstate 80 as shown in the Plat of Survey
recorded in Book 32, Page 53 and as described in Book 4224, Page 896 and
Book 2944, Page 267; thence West along the Southl-80 ROW to the
Northwestern comer of Lot 4, Yocum Subdivision, Plat Book 5, Page 77, said
comer being the intersection of the 1-80 South ROW line and the East-West line
between Section 3, Township 79N, Range 6W and Section 34, Township 80N,
Range 6W; thence East along said section line to the Northwest comer of
Auditor's Parcel 2014052, Book 58, Page 324; thence South along the West side
of said Parcel to the Southeast corner of Pine Ridge Subdivision, Plat Book 46,
Pagel 57; thence westerly along the south side of Pine Ridge Subdivision to the
Southwest corner of Lot 1, Pine Ridge Subdivision; thence Southeasterly to the
point of beginning; and
WHEREAS, expenditures and indebtedness are anticipated to be incurred
by the City of Iowa City, Iowa in the future to finance urban renewal project
activities carried out in furtherance of the objectives of the Urban Renewal Plan;
and
WHEREAS, the City Council of the City of Iowa City, Iowa desires to
provide for the division of revenue from taxation in that portion of the Urban
Renewal Area, as above described and hereafter referred to as the Foster Road
Urban Renewal Area, in accordance with the provisions of Section 403.19 of the
Code of Iowa, as amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF IOWA CITY, IOWA:
Section 1. That the taxes levied on the taxable property in the Foster
Road Urban Renewal Area legally described in the preamble hereof, by and for
the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City
Community School District, and all other taxing districts from and after the
effective date of this Ordinance shall be divided as hereinafter provided.
Section 2. That portion of the taxes which would be produced by the rate
at which the tax is levied each year by or for each of the taxing districts upon the
total sum of the assessed value of the taxable property in the Area, as shown on
the assessment roll as of January 1, 2017, pursuant to Iowa Code Section
403.19(1)(b), shall be allocated to and when collected be paid into the fund for
the respective taxing district as taxes by or for the taxing district into which all
other property taxes are paid.
Section 3. That portion of the taxes each year in excess of the base
period taxes determined as provided in Section 2 of this Ordinance shall be
allocated to and when collected be paid into a special tax increment fund of the
City of Iowa City, Iowa hereby established, to pay the principal of and interest on
loans, grants, rebates, monies advanced to, indebtedness, whether funded,
refunded, assumed or otherwise, including bonds or obligations issued under the
authority of Section 403.9 or 403.12 of the Code of Iowa, as amended, incurred
by the City of Iowa City, Iowa, to finance or refinance, in whole or in part, urban
renewal projects undertaken within the Urban Renewal Area pursuant to the
Urban Renewal Plan, except that taxes for the payment of bonds and interest of
each taxing district shall be collected against all taxable property within the Urban
Renewal Area without any limitation as hereinabove provided.
Section 4. Unless or until the total assessed valuation of the taxable
property in the Urban Renewal Area exceeds the total assessed value of the
taxable property in the Urban Renewal Area as shown by the last equalized
assessment roll referred to in Section 2 of this Ordinance, all of the taxes levied
and collected upon the taxable property in the Urban Renewal Area shall be paid
into the funds for the respective taxing districts as taxes by or for said taxing
districts in the same manner as all other property taxes.
Section 5. At such time as the loans, advances, indebtedness, bonds and
interest thereon of the City of Iowa City, Iowa, referred to in Section 3 hereof
have been paid, all monies thereafter received from taxes upon the taxable
property in the Urban Renewal Area shall be paid into the funds for the
respective taxing districts in the same manner as taxes on all other property.
Section 6. All ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed. The provisions of this
Ordinance are intended and shall be construed to fully implement the provisions
of Section 403.19 of the Code of Iowa, as amended, with respect to the division
of taxes from property described herein. In the event that any provision of this
Ordinance shall be determined to be contrary to law, it shall not affect other
provisions or application of the Ordinance which shall at all times be construed to
fully invoke the provision of Section 403.19 of the Code of Iowa with reference to
the Urban Renewal Area.
Section 7. This Ordinance shall be in effect after its final passage,
approval and publication as provided by law.
Passed and approved this day of 20
MAYOR
ATTEST:
CITY CLERK
Approvedby
µ /Qt.e.`I1.�✓7rY �[ �l�h�
City Attorney's Office L.?//e
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
First Consideration 04/02/2018
Vote for passage: AYES:
Salih, Taylor. NAYS:
Botchway
Cole
Mims
Salih
Taylor
Thomas
Throgmorton
Thomas, Throgmorton, Cole, Mims,
None. ABSENT: Botchway.
Second Consideration 04/17/2018
Voteforpassage: AYES: Taylor,
Cole, Mims, Salih. NAYS: None
Date published
that the
Thomas, Throgmorton, Botchway,
. ABSENT: None.
I r ' CITY OF IOWA CIT
=0--
7� COUNCIL ACTION REPO 041518
April 2, 2018
An ordinance providing that general property taxes levied and collected
each year on all property located within that area added to the Foster Road
Urban Renewal Area in the City of Iowa City, county of Johnson, State of
Iowa, by and for the benefit of the state of Iowa, City of Iowa City, county of
Johnson, Iowa City Community School District and other taxing districts, be
paid to a special fund for payment of principal and interest on loans,
rebates, grants, monies advanced to and indebtedness, including bonds
issued or to be issued, incurred by said city in connection with the Foster
Road Urban Renewal Plan
Prepared By: Wendy Ford, Economic Development Coordinator
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: N/A
Recommendations: Staff: Approval
Commission: N/A
Attachments: Ordinance
Executive Summary:
This Tax Increment Financing (TIF) ordinance allows for the division of incremental taxes
collected from development within the Foster Road Urban Renewal Area, which was created
upon approval of the Foster Road Urban Renewal Plan on March 20, 2018 (resolution 18-75).
Background / Analysis:
The Foster Road Urban Renewal Plan contemplates that tax increment financing may be used
to assist in the construction of Foster Road from Dubuque Street east to Prairie du Chien. The
adoption of this TIF ordinance is the next step necessary to allow the City to effectuate this goal.
It will allow the City to use the increase in property taxes resulting from property improvements
and new developments as a source of financing for qualifying urban renewal projects, one
requirement of which is to provide some measure of public benefit.
Approval of this TIF Ordinance will enable City staff to negotiate a development agreement for
construction of Foster Road and a senior living facility in exchange for certain economic
development funds, paid for by the tax increment generated from the Foster Road Urban
Renewal Area. The details of the proposed road project will be presented to City Council in an
agreement for private redevelopment in the coming weeks.
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
ORDINANCE NO.
Ordinance amendinQ Title 10, entitled "Public Ways And Property,"
Chapter 5, entitled '9City Plaza," to allow an association of downtown
businesses to place p commercial structure on City Plaza under
limited circumstances Tor more than 45 days in 2018 and 2019.
Whereas, the City Code limits the use of City Plaza, including Black Hawk Mini Park, for
commercial purposes;
Whereas, in addition to provisions allowing for sidewalk cafes, sidewalk retailing, and mobile
vendors, the City Code allows for the commercial use of City Plaza as part of a large, short term
event such as Arts Fest;
Whereas, the City Code also allows the City Manager to issue a permit for the placement of
a commercial structure in City Plaza and Black Hawk Mini Park for up to 45 days similar to the
permit that allows downtown businesses to place their products on sidewalks and City Plaza
Thursdays through Sundays from March to November; and
Whereas, due to the construction during the pedestrian mall improvement project that will
impact downtown businesses, the City Manager should be authorized to allow commercial
structures in excess of 45 days in 2018 and 2019.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Amendments.
1.Title 10, entitled "Public Ways and Property," Chapter 5, entitled "City Plaza," Section
7, entitled "Use of City Plaza," Subsection G5a(2) is hereby amended by adding the underlined
text as follows:
(2) The duration of the permit cannot exceed forty-five (45) days per calendar year excer)
for calendar years 2018 and 2019.
Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of
this Ordinance are hereby repealed.
Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of 2018
Mayor
v
Attest:
City Clerk City Attorney
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Botchway
Cole
Mims
Salih
Taylor
Thomas
Throgmorton
First Consideration 04/17/2018
Voteforpassage: AYES: Thomas, Throgmorton, Botchway, Cole,
Mims, Salih, Taylor. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
that the
'r 1 CITY OF IOWA CI
^� COUNCIL ACTION REPO ;s
April 17, 2018
Ordinance amending Title 10, entitled "Public Ways And Property,"
Chapter 5, entitled "City Plaza," to allow an association of downtown
businesses to place a commercial structure on City Plaza under limited
circumstances for more than 45 days in 2018 and 2019.
Prepared By: Simon Andrew, Assistant to the City Manager
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: No impact
Recommendations: Staff. Approval
Commission: N/A
Attachments: Ordinance
Executive Summary:
The Iowa City Downtown District (ICDD) is planning a continuation of their successful
placemaking programming for the 2018 season. 2018 and 2019 programming is particularly
important, as City Plaza businesses will be impacted by construction during the ped mall
project. As part of their programming efforts, ICDD has requested the placement of two of the
structures used for pop-up shops during the 2017 holiday season on City Plaza. The structures
would be used primarily for programming, including but not limited to, ping pong, live music,
game library, additional seating, cardboard box builds, giant jenga, and the opportunity to
display renderings of the ped mall project as needed. The locations would be available to use
as retail locations for ICDD businesses as well. ICDD has also been working with the Iowa City
Public Library on programming options. Currently, City Code allows the City Manager or
designee to approve commercial structures on City Plaza for up to forty-five days. The attached
ordinance would remove the forty-five day limit for 2018 and 2019, in order to provide
programming and retail opportunities that will benefit City Plaza businesses during the
disruption of the construction project.
Background / Analysis:
ICDD has requested two locations for placement of structures from May — October 2018. Given
that this duration exceeds the forty-five day limit currently specified in City Code, an amendment
is necessary in order to approve this request. The first location requested is on the chessboard
next to the City Plaza playground structure. ICDD has worked with the Iowa City Public Library
on programming for this location. It is not expected that this location would be used for retail,
however, it would be allowed by the code amendment under consideration. The second location
would be where the pergola near FilmScene is currently located. The pergola is being removed
as part of the construction project. Construction is expected to begin April 30.
Three food carts must be relocated due to the upcoming construction. Staff has identified new
locations for these vendors and they will not conflict with ICDD's programming. The plans and
specifications for the structures will be approved by a building official, as with the pop-up shops
in 2017. The structures will include accessible ramps, decks, and railings. There will be lighting
and the use of City Plaza electricity, which will be reviewed by Engineering staff. ICDD plans to
have staff present at the April 17 Council meeting in order to provide additional information and
answer any questions Council may have.
These structures will provide the home for ICDD's placemaking programming in 2018, similar
to the role Blackhawk Minipark played as ICDD's placemaking hub in recent years, including
during the Washington Street reconstruction project. The code amendment under consideration
would allow the City Manager or designee to approve temporary commercial structures of a
duration longer than forty-five days during 2019 as well.
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Major Objectives During 2018 Pedestrian
Mall Construction
Continue to drive traffic downtown,
specifically to the pedestrian mall on a
consistent basis during construction -
Activation of available spaces on
College St. will include- outdoor yoga,
outdoor ping pong, outdoor jenga, live
music, a game library, seating and
shade
• Encourage pedestrian traffic through a
variety of signage elements, alley
artwork
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2016 Washington St. Streetscape Update
Lessons Learned
• Activation of adjacent spaces drew
continual traffic to downtown
specifically for the programming
elements
• Public art project peaked the
community's curiosity and provided a
positive aesthetic to the construction
zone
• Weekly consistent known and well
marketed programming can be
successfully repeated without fatigue
• Providing a flexible space encouraged
community members to have a place to
be and enjoy the surrounding
environment- Amenities are needed
including seating and shade
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Decks and pop-up units will act as informal stages for Market Music, Sunset Salsa, pop-up
performers etc. to take the place of the weatherdance fountain stage while it is under construction.
During the times of non -programming, the units and decks will be open for seating and partner
organizations to use.
Current Partnerships for 2018
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YOGA
BOOSTING MENTAL AND PHYSICAL HEALTH
ENHANCING DIVERSITY
MAKING THE COMMUNITY MORE INCLUSIVE
Questions?
17
Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
Ordinance amending Title 14, "Zoning Code", Chapter 7, "Administration"
Article A, "Administration," Section 2 "Board of Adjustment" to provide for
an alternate temporary appointment when a Board member is unable to
participate in an appeal due to a conflict of interest.
Whereas, The Iowa City Board of Adjustment has 5 members and state law requires 3
members to be present to conduct business and a concurring vote of 3 members to reverse an
administrative decision; and
Whereas, if there is a recusal(s) for a conflict of interest the Board can be left with only 3 or 4
members to hear and decide an appeal from an administrative decision;
Whereas, it is in the best interests of the City to provide for the appointment of an alternate
when there is a recusal for a conflict of interest so the Board can operate with a full 5 members.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
SECTION I. AMENDMENTS.
Title 14, "Zoning Code", Chapter 7, "Administration", Article A, "Administration," Section 2
"Board of Adjustment" is amended by adding the underlined text as follows:
A. Board Established; Membership; Compensation: The board of adjustment shall consist of
five (5) members appointed by the mayor with the consent of the city council for a term of
five (5) years. Members shall be qualified electors of Iowa City. A majority of the members
of the board shall be persons representing the public at large; a majority of the board shall
not be involved in the business of purchasing or selling real estate. Board members shall
serve without compensation.
B. Purpose: The purpose of the board is to provide relief from the requirements of this title
when a variance is warranted, provide extra scrutiny in cases where special exceptions
allowed by this title are requested, and provide an avenue for appeal of administrative
decisions regarding the enforcement and implementation of this title. The decisions of the
board should serve the public interest, meet the intent of this title, and be consistent with the
comprehensive plan of the city, as amended.
C. Alternate Member: An alternate member, if available shall be appointed as provided
herein, to replace a member who is unable to participate in an appeal of an administrative
decision due to a conflict of interest. Any person who has served as a member of the Board
within the 5 years preceding the filing of the appeal and who represents the public at large
and is not involved in the business of purchasing or selling real estate shall be qualified to
serve as an alternate. When the member has recused himself/herself due to a conflict and
Ordinance No.
Page 2
Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of
this Ordinance are hereby repealed.
Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged
to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as
a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of 2018.
Mayor
Attest:
City Clerk
oved by
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by_
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
First Consideration 04/17/2018
Vote for passage: AYES:
Salih, Taylor, Thomas
Second Consideration _
Vote for passage:
Date published
Botchway
Cole
Mims
Salih
Taylor
Thomas
Throgmorton
Throgmorton, Botchway, Cole, Mims,
. NAYS: None. ABSENT: None.
that the
CITY OF IOWA CIT
COUNCIL ACTION REPO 17
April 17, 2018
Ordinance amending Title 14, "Zoning Code", Chapter 7, "Administration",
Article A, "Administration," Section 2 "Board of Adjustment" to provide for
an alternate temporary appointment when a Board member is unable to
participate in an appeal due to a conflict of interest.
Prepared By: Eleanor M. Dilkes, City Attorney
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: none
Recommendations: Staff: Approval
Commission: not applicable
Attachments: Ordinance
Executive Summary:
This ordinance will provide for the appointment of a temporary alternate to hear an appeal from
a staff administrative decision when a Board member is unable to participate due to a conflict of
interest. Any person who has served as a member of the Board within the 5 years preceding
the filing of the appeal, and who represents the public at large and is not involved in the
business of purchasing or selling real estate, shall be qualified to serve as an alternate. When
the member has recused himself/herself due to a conflict and the date of hearing before the
Board has been set, the Secretary of the Board shall notify all such persons and the first to
agree to serve as the alternate is appointed to do so. Assuming that a volunteer is available
this would allow a full Board of 5 members to hear appeals.
Background /Analysis:
At its work session on November 21, 2017 regarding the 101 Lusk Ave. ("Kinnick House")
matter the Council requested staff consideration of the feasibility of an alternate appointment to
the BOA that could step into the decision-making process when there is a recusal of a
permanent member. Section 414.8 allows a Board of Adjustment comprised of 5 members to
carry out its business if 3 or more members are present. Section 414.14 requires that a
concurring vote of three members of the Board is necessary to reverse an administrative
decision. In the case of a temporary absence of a Board member the applicant is given the
option of deferring the Board's consideration until all 5 members are present. When there is a
recusal for a conflict of interest that member will never be able to participate, leaving a Board of
4 members. State law requires a Board with an odd number of members (5, 7 or 9) and
requires that a majority of the members represent the public at large and shall not be involved in
the business of purchasing or selling real estate. It is consistent with the state code to provide
for the appointment of an alternate when there is a recusal for a conflict of interest so that the
Board can operate with 5 members. Because the BOA is a quasi-judicial body, to avoid any
appearance of bias in the appointment process after an appeal has been filed and the time
required for advertising a vacancy, it is proposed that the appointment be made automatically
from a pool of persons who have been members of the BOA in the recent past and received the
training provided to all Board members.
If this ordinance is adopted by Council an amendment to the BOA's bylaws will be presented to
the Rules Committee and Council.
E
Prepared by: Susan Dulek, Assn. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
Ordinance amending Title 5, entitled 'Business and License
Regulations," Chapter 2, entitled "Taxicabs," to allow for "soft"
taximeters and for taxicab business licenses to be sold.
WHEREAS, "soft" meters, a/k/a e -meters are an advancement of technology that utilize a
tablet or similar electronic device to calculate the charge for a taxicab fare instead of a
traditional mechanical device;
WHEREAS, taxicab businesses should be allowed to use soft taximeters;
WHEREAS, just as traditional taximeters need to be calibrated by third -parties to ensure
that accuracy, soft meters need to be certified by third -parties to ensure their accuracy;
WHEREAS, taxicab licenses should be allowed to be sold; and
WHEREAS, it is in the best interest of the City to adopt this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY,
IOWA:
SECTION I. AMENDMENTS.
Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," is
amended by adding the underlined text and deleting strike -through text as follows:
1. Amend 5-2-1, "Definitions":
Soft Taximeter: A type of taximeter that utilizes a tablet or similar electronic device to calculate the
charge instead of a mechanical device.
2. Amend 5-2-2F, 'Business Licenses":
F. The license sannet may be sold, assigned, or transferred .
3. Amend 5-2-5C1, "Vehicle Requirements":
CA.Taximeter: All taxicabs must be equipped with a taximeter that is in good operating order
a) A taximeter that is not a soft taxi meter shall be ,aad has bees calibrated and sealed by a
certified calibrator. Dated documentation must be provided to the city equipment
superintendent, on a form provided by the city, with each inspection and filed with the city clerk
when the inspection is completed. Calibration date must be within thirty (30) days prior to the
annual inspection.
b) A soft taximeter shall be certified by a third party as required by the city clerk within thirty (30)
days prior to the annual inspection. The certification shall include requirements that the device
is programmed remotely by an authorized representative and is password protected.
cl Signage must be conspicuously displayed on the inside of a taxicab that states, "If The Meter
Is Not Working, This Vehicle Cannot Operate As A Taxi. Receipt For Fare Available Upon
Request." The city may require verification of a certified calibration for taximeters or certification
for soft taximeters without prior notice for the purpose of ensuring compliance with this chapter.
4. Amend 5-2-8132b and 8132c, "Rates":
Ordinance No.
Page 2
b. No driver of a metered taxicab shall operate a taxicab without utilizing a taximeter that has
been calibrated by a certified calibrator and inspected or certified as required by the city clerk if
a soft taximeter.
c. Whenever the taxicab business desires to change the rate charged, the taxicab business
shall file a rate card with the city clerk setting forth the new rates.
M For taximeters that are not soft taximeters, the business must have all taximeters
recalibrated by a certified calibrator on a form provided by the city and returned to the city clerk
no later than ten (10) business days after filing the new rates with the city clerk. The business
must have the taximeter recalibrated by a certified calibrator no sooner than the filing date of a
rate card change and no later than ten (10) business days after said filing date. The business
must have all taximeters recalibrated by a certified calibrator before the business may again
change the rate charged.
(2) For soft taximeters, the business must have all soft taximeters certified as required by the
city clerk no later than ten (10) business days after filing the new rates with the city clerk. The
business must have the certification completed no sooner than the filing date of a rate card
Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of
this Ordinance are hereby repealed.
Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged
to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as
a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of 2018.
Mayor
Attest:
City Clerk
Approved by
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Botchway
Cole
Mims
Salih
Taylor
Thomas
Throgmorton
First Consideration 04/17/2018
Vote for passage: AYES: Botchway, Cole, Mims, Salih, Taylor,
Thomas, Throgmorton. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
X 1 CITY OF IOWA CIT
NO oa18�e
%®���� COUNCIL ACTION REPO
Click here to enter a date of council meeting.
Ordinance amending Title 5, entitled 'Business and License Regulations,"
Chapter 2, entitled "Taxicabs," to allow for "soft" taximeters and for
taxicab business licenses to be sold.
Prepared By:
Kellie Fruehling, City Clerk
Reviewed By:
Sue Dulek, Asst City Attorney
Fiscal Impact:
N/A
Recommendations:
Staff: Approval
Commission: N/A
Attachments:
Ordinance
Draft Administrative Rules #6
Executive Summary:
Currently the City Code does not allow for soft taximeters or the sale of an existing taxicab
business license. At the request of a current licensed taxi cab business in Iowa City, staff
reviewed proposed changes to the Code to allow for soft taximeters and for the sale of an
existing license. Staff concluded that soft meters should be allowed as well as the sale of a
license.
Background / Analysis:
eMeters or"soft" meters are a newer advancement of technology that is a type of taximeter that
utilizes a tablet or similar electronic device to calculate the charge instead of a mechanical
device. Soft meters would need to be certified by an authorized third party representative and
programmed remotely with password protection. This change would allow for taxicab
companies to continue using mechanical meters or have the option for soft meters. The
requirements for certification will be contained in the administrative rules and draft rules are
attached.
Allowing the sale or transfer of an existing taxicab license would provide for the sale of all or
substantially all the assets form the original company.
IOWA CITY TAXICAB ADMINISTRATIVE RULE # AR - # 6
Administrative Rules for Vehicle Inspection for Metered Taxicabs by Equipment
Date: Draft dated April 9, 2018
1. No metered taxicab will be inspected unless it matches the company's unique color
scheme that has been approved by the Police Chief or designee.
2. No metered taxicab will be inspected without dated documentation as fully described
below showing that the meter has been calibrated within the past thirty (30) calendar
days.
3. No metered taxicab will be inspected if the vehicle does not have a lighted dome and the
name of the taxicab business on each side of the vehicle.
4. All metered taxicabs over ten (10) model years old (byway of example, during the
calendar year 2018, the model year must be a 2007 or older) shall be inspected as
follows:
a. Exterior: Headlights, taillights, brake lights, directional signal lights, reverse light
operation, hazard light operation, marker lights (including parking and side
marker), operation of license plate lights, windshield, windshield washers,
windshield wipers including rear wiper if so equipped, vent glasses, all other
vehicle glass, glass window raisers, doors and door locks, trunk lid, trunk hood,
and interior door handles, exhaust system, splash shields, bumpers, fenders,
mirrors including rearview and outside mirrors, and body shall be inspected to
ascertain that each is functioning properly. Tires shall meet Iowa Code Section
321.440. Each vehicle shall be maintained in a reasonably clean condition. There
shall be no tears or rust holes in the vehicle body and no loose pieces such as
fenders, bumpers or trim hanging from the vehicle body. There shall be no
unrepaired body damage which would create a safety problem or interfere with
the operation of the vehicle.
b. Interior: The rearview mirror, foot brakes, parking brakes, seat belts, horn
operation, passenger interior light and air conditioning and heating systems shall
be inspected to ascertain that each is functioning properly. There shall be no
safety related warning lights illuminated in the instrument panel (i.e.: air bag
light). The upholstery, floor mats, head lining, door panels and the trunk
compartment shall be inspected to determine whether they are clean, free of
tears, and that the trunk has sufficient space for passengers' luggage.
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AR - # 6 by Equipment
C. Taximeter: Must be in good operating order and calibrated and sealed by a
certified calibrator. A current Calibrator Certificate must be on file with the
Equipment Division. Dated documentation must be provided to the city
equipment superintendent or designee, on a form provided by the city, with each
inspection and filed with the city clerk when the inspection is completed.
Calibration date must be within thirty (30) calendar days prior to the annual
inspection. Signage must be conspicuously displayed on the inside of a vehicle
that states "If the meter is not working, this vehicle cannot operate as a taxi.
Receipt for fare available upon request." The rate card must be prominently
displayed to all passenger seats.
d. Soft Taximeter: In lieu of taximeters taxicabs may have eMeters or "soft" meters,
which are a type of taximeter that utilizes a tablet or similar electronic device to
calculate the charge instead of a mechanical device. Soft meters must be
certified by an approved authorized third -party representative who has central,
password -protected access to program rates for all soft taximeters in the fleet.
Soft taximeters must be physically secured in the vehicle interior to the right of
the driver. The soft taximeter must have a fare display large enough that a
passenger who does not require corrective lenses is be able to read at all times
when seated in the back seat of the taxicab. Hardware and software provisions
must be in place that prevent the driver from changing the rates or modifying how
the soft taximeter works in a taxicab.
Dated documentation of the certification must be provided to the city equipment
superintendent or designee, on a form provided by the city, with each inspection
and filed with the city clerk when the inspection is completed. The certification
date must be within thirty (30) calendar days prior to the annual inspection.
Signage must be conspicuously displayed on the inside of a vehicle that states "If
the meter is not working, this vehicle cannot operate as a taxi. Receipt for fare
available upon request." The rate card must be prominently displayed to all
passenger seats.
e. Dome: A lighted dome attached permanently to the exterior roof of the taxicab
with lettering that identifies the vehicle as a taxicab visible from the front and
back of the taxicab. The lighted dome shall be a minimum size of twelve inches
by one inch by three inches (12" x 1" x 3"). In the event the city equipment
superintendent or designee determines that the permanent attachment of a dome
to the exterior roof is not possible, the city equipment superintendent or designee
may approve an alternative placement. If a phone number is provided the
number shall be the same number that appears on the taxicab business
application and rate card.
f. Color Scheme: A unique and distinctive color scheme and design, which has
been approved by the police chief or designee.
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Lettering: Each metered taxicab shall have the name of the taxicab business on
each side of the vehicle in letters at least four and one-half inches (4 1/2") in
height. Removable signs and peel -off letters shall not be allowed. Removable
means that the city equipment manager or designee has determined that cannot
be removed without using an instrument or tool, such as a sander. If a phone
number is provided the number shall be the same number that appears on the
taxicab business application and rate card. All other letters and numbers, except
for the name of the taxicab business, shall not be greater than three inches (3")
in height. Lettering may be allowed on a window, if approved by the city
equipment superintendent or designee.
h. Driver ID: The photo identification card must be prominently displayed both in the
front seat and the back seat. 1) Front Seat: Either on the dash directly in front of
the passenger seat or on the passenger seat visor. If it is on the visor, the visor
must always be down when a passenger is in the taxicab. 2) Back Seat: On the
back side of the front passenger seat. The City will not provide any lanyard,
plastic enclosure, or any other device to affix the photo identification card to the
taxicab.
5. All metered taxicabs ten (10) model years old or newer (byway of example, during the
calendar year 2018, the model year must be a 2008 or newer) shall (unless the owner
wishes to have a full inspection as set forth in Paragraph 4 above) be inspected as
follows:
a. Taximeter: Must be in good operating order and calibrated and sealed by a
certified calibrator. A current Calibrator Certificate must be on file with the
Equipment Division. Dated documentation must be provided to the city
equipment superintendent or designee, on a form provided by the city, with each
inspection and filed with the city clerk when the inspection is completed.
Calibration date must be within thirty (30) calendar days prior to the annual
inspection. Signage must be conspicuously displayed on the inside of a vehicle
that states "If the meter is not working, this vehicle cannot operate as a taxi.
Receipt for fare available upon request." The rate card must be prominently
displayed to all passenger seats.
b. Soft Taximeter: In lieu of taximeters taxicabs may have eMeters or "soft" meters,
which are a type of taximeter that utilizes a tablet or similar electronic device to
calculate the charge instead of a mechanical device. Soft meters must be
certified by an approved authorized third -party representative who has central,
password -protected access to program rates for all soft taximeters in the fleet.
Soft taximeters must be physically secured in the vehicle interior to the right of
the driver. The soft taximeter must have a fare display large enough that a
passenger who does not require corrective lenses is be able to read at all times
when seated in the back seat of the taxicab. Hardware and software provisions
must be in place that prevent the driver from changing the rates or modifying how
the soft taximeter works in a taxicab.
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AR - # 6 by Equipment
Dated documentation of the certification must be provided to the city equipment
superintendent or designee, on a form provided by the city, with each inspection
and filed with the city clerk when the inspection is completed. The certification
date must be within thirty (30) calendar days prior to the annual inspection.
Signage must be conspicuously displayed on the inside of a vehicle that states "If
the meter is not working, this vehicle cannot operate as a taxi. Receipt for fare
available upon request." The rate card must be prominently displayed to all
passenger seats.
C. Dome: A lighted dome attached permanently to the exterior roof of the taxicab
with lettering that identifies the vehicle as a taxicab visible from the front and
back of the taxicab. The lighted dome shall be a minimum size of twelve inches
by one inch by three inches (12" x 1" x 3"). In the event the city equipment
superintendent or designee determines that the permanent attachment of a dome
to the exterior roof is not possible, the City equipment superintendent or
designee may approve an alternative placement. If a phone number is provided
the number shall be the same number that appears on the taxicab business
application and rate card.
Color Scheme: A unique and distinctive color scheme and design, which has
been approved by the police chief or designee.
e. Lettering: Each metered taxicab shall have the name of the taxicab business on
each side of the vehicle in letters at least four and one-half inches (4 1/2") in
height. Removable signs and peel -off letters shall not be allowed. Removable
means that the city equipment manager or designee has determined that cannot
be removed without using an instrument or tool, such as a sander. If a phone
number is provided the number shall be the same number that appears on the
taxicab business application and rate card. All other letters and numbers, except
for the name of the taxicab business, shall not be greater than three inches (3")
in height. Lettering may be allowed on a window, if approved by the city
equipment superintendent or designee.
Driver ID: The photo identification card must be prominently displayed both in the
front seat and the back seat. 1) Front Seat: Either on the dash directly in front of
the passenger seat or on the passenger seat visor. If it is on the visor, the visor
must always be down when a passenger is in the taxicab. 2) Back Seat: On the
back side of the front passenger seat. The City will not provide any lanyard,
plastic enclosure, or any other device to affix the photo identification card to the
taxicab.
6. Hours: Scheduled inspections shall be performed on Tuesday, Wednesday, or Thursday
from 8:00 AM — 11:30 AM in 30 minute intervals.
Approved_
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