HomeMy WebLinkAbout1994-12-06 Resolution
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RESOLUTION NO,
RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER IMPROVE-
MENTS FOR 753 W, BENTON STREET.
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WHEREAS, the Engineering Division has certified that the following improvements have been
completed in accordance with the plans and specifications of the City of Iowa City,
Two manholes and 162 linear feet of 8-inch PVC truss pipe sanitary sewer
improvements for 753 W. Benton Street, as constructed by Maxwell Construc-
tion/ Inc. of Iowa City, Iowa.
WHEREAS, a maintenance bond has been filed in the City Clerk/s office,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that
said improvements be hereby accepted by the City of Iowa City, Iowa.
Passed and approved this
day of
,1994,
MAYOR
ATTEST:
CITY CLERK
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It was moved by and seconded by
adopted, and upon roll call there were:
the Resolution be
AYES:
NAYS:
ABSENT:
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
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ENGINEER'S REPORT
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CITY OF IOWA CITY
December 1, 1994
Honorable Mayor and City Council
Iowa City, Iowa
RE: 753 W, Benton Street
Dear Honorable Mayor and Councilpersons:
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I hereby certify that the construction of the sanitary sewer improvements for 753 W, Benton
Street has been completed in substantial accordance with the plans and specifications of the @
Engineering Division of the City of Iowa City. The required maintenance bond is on file in the
City Clerk's office for the sanitary sewer improvements constructed by Maxwell Construction,
Inc, of Iowa City, Iowa.
I recommend that the above-referenced improvements be accepted by the City of Iowa City,
Sincerely,
/7~.,d /'iv~
Richard A, Fosse, P.E.
City Engineer
B:\ENGRPT,MB
410 EAST WASHINOTON STREET' IOWA CITY, IOWA '2240.1111. (319) 356.'000' FAX (311) 356.'009
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RESOLUTION NO,
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RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST TWO (2) SANITARY SEWER EASEMENT AGREEMENTS FOR 753 W.
BENTON STREET.
WHEREAS, pursuant to Section 14-5H-2 of the City Code of the City of Iowa City, Iowa, Tom
Lepic submitted a site plan for the construction of a 12-unit apartment building addressed 753
W. Benton; and
WHEREAS, City staff has approved the site plan for 753 W, Benton Street subject to Lepic
and the adjacent property owner entering into Sanitary Sewer Easement Agreements with the
City of Iowa City; and
WHEREAS, the easement agreements require City Council approval; and
WHEREAS, the execution of said easement agreements is in the public interest and advances
the public health, safety and welfare of the citizens of Iowa City, Iowa,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1, The Mayor is hereby authorized to sign and the City Clerk to attest the Sanitary Sewer
Easement Agreements for 753 W. Benton Street. '
2, The City Clerk is hereby authorized and directed to certify a copy of this Resolution to
be recorded by Tom Lepic in the Johnson County Recorder's Office, together with the
Sanitary Sewer Easement Agreements,
Passed and approved this
day of
,1994,
MAYOR
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Approved by
ATTEST:
CITY CLERK
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It was moved by and seconded by
adopted, and upon roll call there were:
the Resolution be
AYES:
NAYS:
ABSENT:
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Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
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CENTERLINE DESCRIPTION OF A 15' SANITARY
SE~R EASEMENT
COMMENCING AT THE SOUTH~ST CORNER OF AUDITOR'S
PARCEL 'A' AS RECORDED IN PLAT BOOK 31, AT PAGE 264,
OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S
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SANITARY SE\\l:R EA5[),IENT,
I HEREBY CERTIFY THAT THIS PLAT, MAP, SURVEY OR
REPORT WAS PREPARED BY ME, OR UNDER MY DIRECT
SUPERIi1SION, AND THAT I AM A DULY REGISTERED
LAND SURVEYOR UNDER THE LA OF THE STATE OF
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RESOLUTION NO.
94-348
RESOLUTION TO ISSUE CIGARETTE PERMITS
WHEREAS, the following firms and persons have made application and paid the mulct tax
required by law for the sale of cigarettes, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be
granted and the City Clerk be and he/she is hereby directed to issue a permit to the following-
named persons and firms to sell cigarettes:
Fareway Stores, Inc, - 2530 Westwinds Drive
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It was moved by Novick and seconded by
adopted, and upon roll call there were:
the Resolution be
Lehman
AYES:
ABSENT:
NAYS:
x
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X
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
Passed and approved this 6th
, 19--2.L.
day of December
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Approved by
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ATTEST:''7tc~!t. iJauJ
CIT, 'LERK ' '. ,
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RESOLUTION NO. 94-349
A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION
OF THE IOWA RIVER FLOOD REPAIRS PROJECT, DIRECTING CITY CLERK TO
PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER
TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION.
NOW, THEREFORE, BE IT RESOLVED BYTHE COUNCIL OFTHE CITY OF IOWA CITY, IOWA,
THAT:
1, A public hearing on the plans, specifications, form of contract, and estimate of cost
for the construction of the above-mentioned project is to be held on the 20th day of
December, 1994, at 7:30 p,m. in the Council Chambers, Civic Center, Iowa City,
Iowa,
2, The City Clerk is hereby authorized and directed to publish notice of the public hearing
for the above-named proposal in a newspaper published at least once weekly and
having a general circulation in the City, not less than four (41 nor more than twenty
(20) days before said hearing.
3, A copy of the plans, specifications, form of contract, and estimate of cost of the
construction of the above-named project is hereby ordered placed on file by the City
Engineer in the office of the City Clerk for public inspection.
Passed and approved this 6th
day of December
,1994.
ATTEST:~~'<< ~
CIT CLERK
4..~ )},~~-
MAYOR .....
Appro'" by
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, y Attorney's Office /..y,,/fy'
It was moved by Novick and seconded by Lehman
adopted, and upon roll call there were:
the Resolution be
AYES:
NAYS:
ABSENT:
x
X
X
X
x
X
X
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
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RESOLUTION NO. Q4-350
RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM
SEWER, WATER MAIN AND PAVING PUBLIC IMPROVEMENTS FOR WILLOW
CREEK SUBDIVISION, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR
PUBLIC ACCESS AND USE.
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WHEREAS, the Engineering Division has certified that the following improvements have been
completed in accordance with the plans and specifications of the City of Iowa City,
Sanitary sewer, storm sewer, and water main improvements for Willow Creek
Subdivision as constructed by Maxwell Construction Inc, of Iowa City, Iowa,
Paving improvements for Willow Creek Subdivision as constructed by Metro Pavers,
Inc, of Iowa City, Iowa,
WHEREAS, maintenance bonds have been filed in the City Clerk's office; and
WHEREAS, traffic control signs have been installed,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT:
Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all
dedications and public improvements previously set aside as not being open for public access
are hereby formally accepted and declared open for public access and use.
day of np~Ptnh",. , 1994.
/L...4.J "h" ~''J ~
,rVlA YOR "-
Approved by
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City Attorney's Office /.':2.);/11,/
Passed and approved this 6th
ATTEST: ~ -I! ~
CIT CLERK
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Resolution ,No. 94-350'
Page 2
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It was moved by Novi r.k and seconded by
adopted, and upon rol~ call there were:
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the Resolution be
, AYES: NAYS: ABSENT:
Baker I.
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x Horowitz
; X Kubby
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CITY OF IOWA CITY
ENGINEER'S REPORT
November 29, 1994
Honorable Mayor and City Council
Iowa City, Iowa
Re: Willow Creek Subdivision
I
Dear Honorable Mayor and Council persons:
I hereby certify that the construction of the sanitary sewer, storm sewer, water main, and
paving improvements for Willow Creek Subdivision has been completed in substantial
accordance with the plans and specifications of the Engineering Division of the City of Iowa
City. The required maintenance bonds are on file in the City Clerk's office for the sanitary
sewer, storm, sewer, and water main improvements constructed by Maxwell Construction,
Inc, of Iowa City, Iowa and for the paving improvements constructed by Metro Pavers Inc.
of Iowa City, Iowa,
I recommend that the above-referenced improvements be accepted by the City of Iowa City,
I'
Sincerely,
J7AjJJlrAtl;
Richard A. Fosse, P,E.
City Engineer
pwong\wllwcrk,or
410 EAST WASHINOTON STREET' IOWA CITY, IOWA 12240.1816' (319) 3$6.1000' FAX (319) H6.1009
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RESOLUTION NO.
94-1~1
RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM
SEWER, TILE LINE, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR
SOUTH POINTE ADDITION - PART 5 AND DECLARING PUBLIC IMPROVE-
MENTS OPEN FOR PUBLIC ACCESS AND USE.
WHEREAS, the Engineering Division has certified that the following improvements have been
completed in accordance with the plans and specifications of the City of Iowa City,
Sanitary sewer, storm sewer, tile line and water main improvements for South Pointe
Addition - Part Five as constructed by Maxwell Construction Inc. of Iowa City, Iowa.
Paving improvements for South Pointe Addition - Part 5 as constructed by Metro
Pavers, Inc, of Iowa City, Iowa.
WHEREAS, maintenance bonds have been filed in the City Clerk's office; and
WHEREAS, traffic control signs have been installed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT:
Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all
dedications and public improvements previously set aside as not being open for public access
are hereby formally accepted and declared open for public access and use.
Passed and approved this 6th day of
,1994.
Decemhpl'
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ATTEST: 7tc~ ...;: ~
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Page 2
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It was moved by Novick and seconded by Lehman
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the Resolution be
, AYES: NAYS: ABSENT:
X Baker I
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CITY OF IOWA CITY
ENGINEER'S REPORT
November 29, 1994
Honorable Mayor and City Council
Iowa City, Iowa
Re: South Pointe Addition - Part 5
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the sanitary sewer, storm sewer, water main, tile line
and paving improvements for South Pointe Addition - Part 5 has been completed in substantial
accordance with the plans and specifications of the Engineering Division of the City of Iowa
City. The required maintenance bonds are on file in the City Clerk's office for the sanitary
sewer, storm sewer, tile line and water main improvements constructed by Maxwell
Construction, Inc. of Iowa City, Iowa and for the paving improvements constructed by Metro
Pavers Inc, of Iowa City, Iowa,
I recommend that the above-referenced improvements be accepted by the City of Iowa City,
Sincerely,
Jl~IJ/i~
Richard A, Fosse, P,E,
City Engineer
pwcnD\sthpnt5.cr
110 EAST WASIIINOTON STREET' IOWA CITY, IOWA '124001816. (3191 356.'000. FAX (319) 356-5009
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RESOLUTION NO.
94- 352
RESOLUTION ACCEPTING THE WORK FOR THE HIGHWAY 1/MORMON TREK
INTERSECTION IMPROVEMENT PROJECT
WHEREAS, the Engineering Division has recommended that the work for construction of the
Highway 1/Mormon Trek Intersection Improvement Project as included in a contract between
the City of Iowa City and Metro Pavers, Inc" of Iowa City, Iowa, dated September 1, 1994,
be accepted and
WHEREAS, the performance and payment bond has been filed in the City Clerk's office,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa,
Passed and approved this 6th day of December
, 1994.
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MAYOR "-
Approved by
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ENGINEER'S REPORT
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CITY OF IOWA CITY
November 30, 1994
Honorable Mayor and City Council
Iowa City, Iowa
RE: Highway l/Monnon Trek Intersection Improvement Project
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the Highway l/Mormon Trek Intersection Improvement
Project has been completed in substantial accordance with the plans and specifications of the 10,;.
Engineering Division of the City of Iowa City. The required pelformance and payment bond
is on file in the City Clerk's office,
The final contract price is $102,234.39,
I recommend that the above-referenced improvements be accepted by the City of Iowa City,
Sincerely,
l1~t~
Richard A, Fosse, P.E.
City Engineer
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410 EAST WASHINOTON STREET' IOWA CITY, IOWA 52240.1126. (lI9) ]56.5000' FAX (lI9) ]56.5009
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RESOLUTION NO. 94-353
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST AN AGREEMENT BETWEEN STANLEY CONSULTANTS, INC. OF
MUSCATINE, IOWA, AND THECITY OF IOWA CITY TO PROVIDE CONSULT-
ING SERVICES TO PERFORM VALUE ENGINEERING STUDIES ON THE IOWA
CITY WATER FACILITY IMPROVEMENTS PROJECT.
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WHEREAS, it is in the public interest to evaluate the design of the water facility improvements
project as developed by the City's design consultant, Howard R, Green Company; and
WHEREAS, the City has negotiated an agreement with Stanley Consultants, Inc,; and
WHEREAS, the City Council deems it in the public interest to enter into said agreement with
Stanley Consultants, Inc, for consulting services to provide value engineering services to Iowa
City's water facility improvement project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1,
It is in the public interest to enter into the Consultant Agreement with Stanley
Consultants, Inc., attached hereto and incorporated by reference herein, and said
Agreement is hereby approved as to form and content.
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The Mayor and City Clerk are hereby authorized and directed to eXdcute the agreement
with Stanley Consultants, Inc,
Passed and approved this 6th day of December
, 1994,
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CONSULTANT AGREEMENT
THIS AGREEMENT made and entered into this lith day of n~~~mh~r ,
1994, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to
as the CITY and Stanley Consultants, Inc., of Muscatine, Iowa, hereinafter referred to as the
CONSULTANT.
WHEREAS, the City of Iowa City, Iowa, is desirous of obtaining the services of a consulting
firm in order to conduct two (2) one-week Value Engineering Studies on the Iowa City Water
System Improvements Project.
WHEREAS, the City of Iowa City has negotiated an agreement for said consulting services
with Stanley Consultants, Inc., of Muscatine to provide said services.
NOW THEREFORE, it is agreed by and between the parties hereto that the CITY does
now contract \vith the CONSULTANT to provide services as follows:
1. SCOPE OF SERVICES
CONSULTANT agrees to perform the following services for the CITY, and to do so in a
timely and satisfactory manner.
CONSULTANT will provide a team of five (5) people to conduct two one-week Value
Engineering Studies on the Iowa City Water System Improvements Project. The first study
will be conducted on the Design Outline (35 to 40 percent) submittal and the second study at
approximately a 65 percent design stage.
CITY will provide a conference room in their office for the study in Iowa City. CITY will
also provide copies of the design documents and cost estimate,
CONSULTANT will give an oral presentation of each Value Engineering Study on the last
study day and will deliver ten (10) copies of the Final Report for each Value Engineering
Study within ten (10) days of the study's end,
II. TIME OF COMPLETION
It is understood and agreed by and between the parties hereto that project schedule depends
on input and interaction between the parties as well as other outside factors which may be
unplanned and largely uncontrollable. Schedule milestones are therefore subject to adjust-
ment based on actual conditions which occur during the course of the project.
The CONSULTANT shall complete the Project in approximate accordance with the schedule
shown in the Scope of Services above,
III. GENERAL TERMS
A The CONSULTANT shall not commit any of the following employment practices and
agrees to prohibit the following practices in any subcontracts:
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1. To discharge or refuse to hire any individual because of their race, color, religion,
sex, national origin, disability, age, marital status, or sexual orientation,
2, To discriminate against any individual in terms, conditions, or privileges of employ-
ment because of their race, color, religion, sex, national origin, disability, age, martial
status, or sexual orientation.
B. Should the CITY terminate this Agreement, the CONSULTANT shall be paid for all
work and services performed up to the time of termination. However, such sums shall
not be greater than the "lump sum" amount listed in Section IV. The CITY may
terminate this Agreement upon seven (7) calendar days' written notice to the CONSUL-
TANT.
C. This Agreement shall be binding upon the successors and assigns of the parties hereto,
provided that no assignment shall be without the written consent of all parties to said
Agreement,
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D. It is understood and agreed that the retention of the CONSULTANT by the CITY for
the purpose of the Project shall be as an Independent Contractor and shall be exclusive,
but the CONSULTANT shall have the right to employ such assistance as may be
required for the performance of the Project.
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E. It is agreed by the CITY that all records and files pertaining to information needed by
the CONSULTANT for the Project shall be available by said CITY upon reasonable
request to the CONSULTANT, The CITY agrees to furnish all reasonable assistance in
the use of these records and files,
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F. It is further agreed that no Party to this Agreement shall perform contrary to any state,
federal, or local law or any of the ordinances of the City of Iowa City, Iowa.
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G. At the request of the CITY, the CONSULTANT shall attend such meetings of the City
Council relative to the work set forth in this Agreement. Any requests made by the
CITY shall be given with reasonable notice to the CONSULTANT to assure attendance.
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H. The CONSULTANT agrees to furnish, upon termination of this Agreement and upon
demand by the CITY, copies of all basic notes and sketches, charts, computations, and
any other data prepared or obtained by the CONSULTANT pursuant to this Agreement
without cost, and without restrictions or limitation as to the use relative to specific
projects covered under this Agreement. In such event, the CONSULTANT shall not be
liable for the CITY's use of such documents on other projects,
I. The CONSULTANT agrees to furnish all reports, specifications, and drawings, with the
seal of a professional engineer affIXed thereto or such seal as required by Iowa law.
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J. The CITY agrees to tender the CONSULTANT all fees in a timely manner, excepting,
however, that failure of the CONSULTANT to satisfactorily perform in accordance with
this Agreement shall constitute grounds for the CITY to withhold payment of the
amount sufficient to properly complete the Project in accordance with this Agreement.
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K. Should any section of this Agreement be found invalid, it is agreed that the remaining
portion shall be deemed severable from the invalid portion and continue in full force and
effect.
1. Original contract drawings shall become the property of the CITY. The CONSUL-
TANT shall be allowed to keep mylar reproducible copies for the CONSULTANT's own
filing use.
M, Fees paid for securing approval of any authorities having jurisdiction over the Project
will be paid by the CITY.
IV. COMPENSATION FOR SERVICES
:--~'"
A Methods, Amounts, and Payments
1. CITY shall compensate CONSULTANT for CONSULTANT's services a lump sum
fee of $56,000, with $28,000 payable after delivery of the first Value Engineering
Study Report and $28,000 payable after delivery of the second Value Engineering
Study Report.
"-.
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V. MISCELLANEOUS
A All provisions of the Agreement shall be reconciled in accordance with the generally
accepted standards of the Engineering Profession.
B. It is further agreed that there are no other considerations or monies contingent upon or
resulting from the execution of this Agreement, that it is the entire Agreement, and that
no other monies or considerations have been solicited.
FOR THE CITY
FOR THE CONSULTANT
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By:/JM~'~~S -
By:
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Title:
Vice President
Title: Hayor
Date:
October 31. 1994
Date: December 6, 1994
Allest: 7h~'cJ(. ~~
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Approved By:
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RESOLUTION NO. 94-354
RESOLUTION AUTHORIZING THE HISTORIC PRESERVATION COMMISSION
TO FILE AN APPLICATION FOR A CERTIFIED LOCAL GOVERNMENT (CLG)
GRANT TO OBTAIN FUNDS FOR THE PURPOSE OF PREPARING NATIONAL
REGISTER NOMINATIONS FOR COLLEGE GREEN AND EAST COLLEGE
STREET.
WHEREAS, the State Historical Society of Iowa administers the Certified Local Government
(CLG) Grant program to assist local communities with historic preservation projects; and
WHEREAS, the City of Iowa City Historic Preservation Commission has prepared an
application for a $3/300 CLG Grant for the purpose of preparing National Register nominations
for College Green and East College Street; and
WHEREAS, said grant will require local matching funds in the amount of $2/200 which the
Historic Preservation Commission proposes to provide through volunteer work and funds
allocated in the budget for historic preservation activities; and
WHEREAS, said grant will aid the City in its efforts to identify, protect and properly develop
its historic resources,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1,
The Historic Preservation Commission is hereby authorized to file an application for a
$3,300 CLG Grant for the purpose of preparing National Register nominations for
College Green and East College Street which will require $2/200 in matching local
funds and in-kind services and supplies.
2, The Mayor is hereby authorized to sign said grant application,
It was moved by Kubby and seconded by Pigott
adopted, and upon roll call there were:
the Resolution be
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X Baker
X Horowitz
1( Kubby
1( Lehman
X Novick
X Pigott
X Throgmorton
Passed and approved this 6th day of December /1994.
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RESOLUTION NO. 94-355
RESOLUTION AUTHORIZING THE HISTORIC PRESERVATION COMMISSION TO
FILE AN APPLICATION FOR A CERTIFIED LOCAL GOVERNMENT ICLG) GRANT
TO OBTAIN FUNDS FOR THE PURPOSE OF CONDUCTING A PROFESSIONAL
SURVEY AND EVALUATION OF HISTORIC RESOURCES WITHIN THE NORTH
DUBUQUE STREET CORRIDOR.
WHEREAS, the State Historical Society of Iowa administers the Certified Local Government
(CLG) Grant program to assist local communities with historic preservation projects; and
WHEREAS, the City of Iowa City Historic Preservation Commission has prepared an application
for a $12,400 CLG Grant for the purpose of conducting a professional survey and evaluation of
historic resources within the North Dubuque Street Corridor; and
WHEREAS, said grant will require local matching funds in the amount of $8,332 which the
Historic Preservation Commission proposes to provide through volunteer work, funds allocated
in the budget for historic preservation activities, and through donations from private
organizations interested in preservation activities; and
WHEREAS, said grant will aid the City in its efforts to identify, protect and properly develop its
historic resources.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
'-
1.
The Historic Preservation Commission is hereby authorized to file an application for a
$12,400 CLG Grant for the purpose of conducting a professional survey and evaluation
of historic resources within the North Dubuque Street Corridor which will require $8,332
in matching local funds, in-kind services and supplies, and donations from private
organizations interested in preservation activities.
2. The Mayor is hereby authorized to sign said grant application.
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It was moved by Pi\!ott and seconded by Throgmorton the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
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Passed and approved this lith
day of Decemher , 1994.
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Approved by
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December 6
, 1994
The City Council of Iowa City, Iowa, met in regular
session, in the Council Chambers, Civic Center, 410 E. Washington
Street, Iowa City, Iowa, at 7:30 o'clock L.M., on the above
date. There were present Mayor ~itz , in the
chair, and the following named Council Members:
Baker, Horowitz, Kubbv. Lehman. ~
Throgmorton
Absent: None
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AHLERS, COONEY, DORWEILER, HAYNIE, SMITH & ALLBEE, P.C.
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Council Member Lehman introduced the
following Resolution entitled "RESOLUTION DECLARING AN OFFICIAL
I~ITENT UNDER TREASURY REGULATION 1.150-2 TO ISSUE DEBT TO
REIMBURSE THE CITY FOR CERTAIN ORIGINAL EXPENDITURES PAID IN
CONNECTION WITH SPECIFIED PROJECTS" and moved that it be adopted.
Council Member Novick seconded the motion to
adopt, and the roll being called thereon, the vote was as follows:
AYES:
Baker, Horowitz. Kubby. Lehman. Novi~k,
_ Pigot t. Throgmorton
NAYS: None
Whereupon, the Mayor declared said Resolution duly adopted as
follows:
Resolution No. 94-356
RESOLUTION DECLARING AN OFFICIAL INTENT UNDER
TREASURY REGULATION 1.150-2 TO ISSUE DEBT TO
REIMBURSE THE CITY FOR CERTAIN ORIGINAL EXPENDITURES
PAID IN CONNECTION WITH SPECIFIED PROJECTS
WHEREAS, the City anticipates making cash expenditures for a
project generally described below (which shall hereinafter be
referred to as a "Project"); and
WHEREAS, the City reasonably expects to issue debt to
reimburse the costs of a Project; and
WHEREAS, the Council believes it is consistent with the
City's budgetary and financial circumstances to issue this
declaration of official intent.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
Section 1. That this Resolution be and does hereby serve as
a declaration of official intent under Treasury Regulation
1.150-2.
section 2. That it is reasonably expected that capital
expenditures will be made in respect of the foregoing project,
from time to time and in such amounts as this Council determines
to be necessary or desirable under the circumstances then and
there existing.
Section 3. That the City reasonably expects to reimburse all
or a portion of the foregoing expenditures with the proceeds of
bonds, notes or other indebtedness to be issued or incurred by the
City in the future.
-2-
AHLERS, COONEY, DORWEILER. HAYNIE. SMITH & ALLBEE, p.c.
AnOIlNEYI AT LAW DU 1oI0lNU IOWA
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Section 4. That the total estimated costs of the Project,
the maximum principal amount of the bonds, notes or other
indebtedness to be issued for the foregoing Project and the
estimated dates of completion of the project are reasonably
expected to be as follows:
Fund from which
original expen-
ditures are to
be Advanced
Water Treatment
Facil ity (31510)
Project
Total
Estimated
Cost*
Amount of
Borrowing
Anticipated
Estimated
Date of
Completion
New Water
Treatment
Plant
$46,000,000
$46,000,000
January,1998
Plant Site
Land Acqusition
Segment
(ll-30-94)
(included above)
Water Treatment $4,400,000 $4,400,000
Facil ity (31510)
*It is intended to seek grants and other contributions to reduce
the amount of borrowing required for the following Project:
None
If such grants are not received, it is intended that the costs to
be financed will be increased accordingly.
Section 5. That the City reasonably expects to reimburse the
above-mentioned Project costs not later than the later of eighteen
months after the capital expenditures are paid or eighteen months
after the property is placed in service.
Section 6. That this Resolution be maintained by the City
Clerk in an Official Intent File maintained in the office of the
Clerk and available at all times for public inspection, subject to
such revisions as may be necessary.
PASSED AND APPROVED this
1994.
day of
December
6th
J~ IA ,4- 'f!J -
Mayor
ATTEST:
~~~
City Clerk ,
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AHLERS. coom. DORWEILER, HAY~IE. SMITH & ALLBEE, p.c,
ATTOllNIVI AT LAW on /.1011411 IOWA
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City of Iowa City
MEMORANDUM
Date: December 1, 1994
Re:
City Council and City Manager
Donald Yucuis, Finance Director Dr
Land Acquisition Related to the New Water Treatment Facility
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To:
From:
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On the December 6, 1994, City Council agenda is a resolution declaring an official intent
under treasury regulation 1.150-2 to issue debt to reimburse the City for certain original
expenditures paid in connection with specified projects. This resolution will allow the City to
reimburse itself when bonds are sold for funds it advanced to purchase the land related to the
new water treatment facility. The cost of acquisition totaled $4,396,100. When bonds are
sold, the 'following funds will be reimbursed at that time because they advanced funds to pay
for the land acquisition. The funds are: Water Depreciation, Extension and Improvement
Reserve - $1,146,100; Landfill Replacement Reserve - $1,500,000; Equipment Replacement
Reserve - $550,000; General Risk Loss Reserve - $400,000; and the Health Insurance
Reserve - $800,000.
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RESOLUTION NO.
cIJ/f
~/3
RESOLUTION APPROVING THE NEAR SOUTHSIDE
COMMERCIAL URBAN REVITALIZATION PLAN.
WHEREAS, the City Council for the City of Iowa City, Iowa, adopted Resolution No. 94-295
finding that the Near Southside Commercial Urban Revitalization Area meets the criteria of
Section 404.1 (4), Code of Iowa (1993)/ and that rehabilitation, conservation, redevelopment,
economic development or a combination thereof of the area is necessary in the interest of the
public health, safety or welfare of the residents of Iowa City; and
WHEREAS, pursuant to Iowa Code ~404.2 (19931/ staff prepared a Near Souths ide
Commercial Urban Revitalization Plan, a copy of which is attached hereto as Exhibit A; and
WHEREAS, the Council scheduled a public hearing on the Plan for 7:30 PM, October 25/
1994, in the City Council Chambers, Civic Center, 410 E. Washington St./ Iowa City, Iowa;
and
WHEREAS, public notice of this hearing was published in the Press-Citizen and notification of
this hearing was mailed by ordinary mail to the last known address of all owners of record of
property, and to the "occupants" of all city addresses, located within the proposed Near
Southside Commercial Urban Revitalization Area at least 30 days prior to the hearing date; and
WHEREAS, Council held the public hearing at the time and place scheduled and provided all
persons appearing and desiring to be heard regarding the Plan the opportunity to be heard; and
WHEREAS, the required thirty (30) day period for property owners to request a second public
hearing has now expired, with no such hearing request being made; and
WHEREAS, it is in the public interest to adopt the revitalization plan, as provided by law.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The City Council has held public hearings on the Near Southside Commercial Urban
Revitalization Plan as required by Iowa Code ~404.2 (1993).
2. The Near Southside Commercial Urban Revitalization Plan, attached hereto as Exhibit
A, be and the same hereby is approved.
Passed and approved this
day of
,1994.
MAYOR
ATTEST:
CITY CLERK
Approved ~ '
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RESOLUTION NO.
RESOLUTION APPROVING THE NEAR SOUTHSIDE
COMMERCIAL URBAN REVITALIZATION PLAN.
WHEREAS, the City Council for the City of Iowa City, Iowa, adopte Resolution No. 94-295
finding that the Near Southside Commercial Urban Revitalization rea meets the criteria of
Section 404.114), Code of Iowa (1993), and that rehabilitation, nservation, redevelopment,
economic evelopment or a combination thereof of the area i ecessary in the interest of the
public healt safety or welfare of the residents of Iowa C' y; and
WHEREAS, pur ant to Iowa Code ~404.2 (1993, staff prepared a Near Souths ide
Commercial Urba Revitalization Plan, a copy of who h is attached hereto as Exhibit A; and
!
WHEREAS, the Cou iI scheduled a public hea ng on the Plan for 7:30 PM, October 25,
1994/ in the City Cou iI Chambers, Civic Ce er, 410 E. Washington St., Iowa City, Iowa;
and
WHEREAS, public notice 0 this hearing w. s published in the Press-Citizen and notification of
this hearing was mailed by dinary mai to the last known address of all owners of record of
property, and to the "0CCUp nts" of II city addresses, located within the proposed Near
Southside Residential Urban R vitali tion Area at least 30 days prior to the hearing date; and
".
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WHEREAS, Council held the pub' hearing at the time and place scheduled and provided all
persons appearing and desiring t heard regarding the Plan the opportunity to be heard; and
WHEREAS, the required thirty, 30) da period for property owners to request a second public
hearing has now expired, w' h no sue hearing request being made; and
WHEREAS, it is in the pu ic interest to a opt the revitalization plan, as provided by law.
NOW THEREFORE BE I RESOLVED BY THE ITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1.
cil has held public hearings the Near Southside Commercial Urban
Plan as required by Iowa Code 404.2 (1993).
MAYOR
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2. The Near outhside Commercial Urban Revitaliza ion Plan, attached hereto as Exhibit
A, be an the same hereby is approved.
day of
,1994.
ATTEST:
CITY CLERK
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RESOLUTION NO.
dJf:
{)J ;3
A9ffiJ,
RESOLUTION APPROVING THE NEAR SOUTHSIDE
RESIDENTIAL URBAN REVITALIZATION PLAN.
WHEREAS, the City Council for the City of Iowa City, Iowa, adopted Resolution No. 94-296
finding that the Near Southside Residential Urban Revitalization Area meets the criteria of
Section404.1 (4), Code of Iowa (1993), and that rehabilitation, conservation, redevelopment,
economic development or a combination thereof of the area is necessary in the interest of the
public health, safety or welfare of the residents of Iowa City; and
WHEREAS, pursuant to Iowa Code ~404.2 (1993), staff prepared a Near Southside
Residential Urban Revitalization Plan, a copy of which is attached hereto as Exhibit A; and
WHEREAS, the Council scheduled a public hearing on the Plan for 7:30 PM, October 25/
1994, in the City Council Chambers, Civic Center, 410 E. Washington St., Iowa City, Iowa;
and
WHEREAS, public notice of this hearing was published in the Press-Citizen and notification of
this hearing was mailed by ordinary mail to the last known address of all owners of record of
property, and to the "occupants" of all city addresses, located within the proposed Near
Southside Residential Urban Revitalization Area at least 30 days prior to the hearing date; and
WHEREAS, Council held the public hearing at the time and place scheduled and provided all
persons appearing and desiring to be heard regarding the Plan the opportunity to be heard; and
WHEREAS, the required thirty (30) day period for property owners to request a second public
hearing has now expired, with no such hearing request being made; and
WHEREAS, it is in the public interest to adopt the revitalization plan, as provided by law.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The City Council has held public hearings on the Near Southside Residential Urban
Revitalization Plan as required by Iowa Code ~404.2 (1993).
2. The Near Southside Residential Urban Revitalization Plan, attached hereto as Exhibit
. A, be and the same hereby is approved.
Passed and approved this
day of
,1994.
MAYOR
ATTEST:
CITY CLERK
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RESOLUTION NO.
RESOLUTION APPROVING THE NEAR SOUTHS IDE
RESIDENTIAL URBAN REVITALIZATION PLAN.
WHEREAS, the City Council for the City of Iowa City, Iowa, adopted Resolution No. 94-296
finding that the Near Southside Commercial Urban Revitalization Area meets the criteria of
Section 404.1 (4), Code of Iowa (1993), and that rehabilitation, conservation, redevelopment,
economic development or a combination thereof of the area is necessary in th interest of the
public health, safety or welfare of the residents of Iowa City; and
WHEREAS, pursua t to Iowa Code ~404.2 (1993), staff prepared a Near Southside
Residential Urban Re italization Plan, a copy of which is attached he to as Exhibit A; and
WHEREAS, the Councl scheduled a public hearing on the Plan or 7:30 PM, October 25,
1994, in the City Counc Chambers, Civic Center, 410 E. Wa ington St., Iowa City, Iowa;
and
WHEREAS, public notice of is hearing was published i he Press-Citizen and notification of
this hearing was mailed by or inary mail to the last k wn address of all owners of record of
property, and to the "occupa ts" of all city addre ses, located within the proposed Near
Southside Residential Urban Rev'talization Area at east 30 days prior to the hearing date; and
WHEREAS, Council held the publi hearing at he time and place scheduled and provided all
persons appearing and desiring to b heard r arding the Plan the opportunity to be heard; and
WHEREAS, the required thirty (301 da p. riod for property owners to request a second public
hearing has now expired, with no sue hearing request being made; and
WHEREAS, it is in the public intere t to adopt the revitalization plan, as provided by law.
NOW THEREFORE BE IT RESO
IOWA, THAT:
1.
The City Council h~ held public he ings on the Near Southside Residential Urban
Revitalization Plan as required by low Code ~404.2 (1993).
2.
The Near South ide Residential Urban R vitalization Plan, attached hereto as Exhibit
A, be and the ame hereby is approved.
ATTEST:
CITY CLERK
Passed and approv d this __ day of
,1994.
MAYOR
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RESOLUTION NO.
RESOLUTION AUTHORIZING THE PREPARATION OF A DESIGN PLAN FOR THE
NEAR SOUTHSIDE NEIGHBORHOOD AND DECLARING THE COUNCIL'S
INTENT ON THE ALLOCATION OF INCREMENTAL PROPERTY TAX REVENUES
WHEREAS, the City Council of the City of Iowa City, Iowa has adopted the Near Southside
Neighborhood Plan, the Near Souths ide Commercial Urban Revitalization Plan and the Near
Southside Residential Urban Revitalization Plan; and
WHEREAS, to ensure that the design of development projects within the Near Souths ide
Neighborhood ("the NSS Neighborhood") comply with a design concept envisioned for the
NSS Neighborhood, the City Council has identified public improvement projects that the
Council wishes to see considered as part of the NSS Neighborhood; and
WHEREAS, in order to implement the design concepts envisioned for the NSS Neighborhood,
the City finds it in the public interest to develop a design plan for said Neighborhood; and
WHEREAS, the City Council anticipates financing certain public improvements in the NSS
Neighborhood, and further desires to demonstrate the Council's intent to assure that fifty
percent of the future incremental city property taxes levied and coilected each year on
property receiving property tax exemption within the NSS Neighborhood be used for public
improvement projects within the NSS Neighborhood.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT:
1.
The City Council directs City staff to begin the process of hiring a consultant to
prepare, for Council approval, a design plan for the twenty block NSS Neighborhood,
which shall include the following elements:
a.
The design plan shall provide for public spaces. Such public spaces may
include a pedestrian mall, an outdoor reflecting pool/skating rink on the new
mall, neighborhood open space, a creek walk, and other well-placed and well-
designed sites for public gathering.
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b.
The design plan shall include improvements designed to encourage pedestrian
use of streets and walkways in the NSS Neighborhood, including elements that
make public areas more accessible to people with disabilities and also make
Burlington Street an easier, safer and more attractive street for pedestrians to
cross.
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The design plan shall propose revisions to City zoning regulations in a way that
will prescribe design elements which create a 'unifying sense of place' through
architectural design and public improvement projects.
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The design plan shall anticipate mixed-use redevelopment for the NSS
Neighborhood south of Court Street at a scale appropriate for this residential
area, including predominantly residential development integrated with small
scale commercial enterprises such as restaurants, outdoor cafes and small
shops. The plan shall also indicate techniques by which public improvement
projects can promote and encourage such redevelopment.
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Resolution No.
Page 2
e. The design plan shall define suitable locations for public art, and shall define a
process by which suitable art can be commissioned and produced.
2. The City staff shall propose to the City Council by January 31, 1995, a process by
which the design plan will be prepared and implemented; and guided by Council
response, staff shall issue a Request for Proposals to be submitted to design
consultants by March 1, 1995, with the intent of a design plan completed by
December 31, 1995.
3. In order to carry out the City Council's goal of providing City support for the design
concepts and goals envisioned in the NSS Neighborhood, including City-financed public
improvement projects which create a 'unifying sense of place,' the City Council directs
City staff to establish an administrative method of assuring that fifty percent (50%)
of city property taxes collected on the added value of improvements from each NSS
Neighborhood property receiving property tax exemption shall be allocated to a Near
Souths ide Redevelopment Fund. For purposes of this resolution, city property taxes
shall include only those taxes generated by the city's general tax levy; and as set forth
in the Urban Revitalization Plans adopted contemporaneously herewith, these taxes
shall be collected for a ten (10) year period beginning with the first year of the tax
exemption schedule selected for a qualifying property.
Passed and approved this
day of
,1994.
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ATTEST:
CITY CLERK
MAYOR
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It was moved by and seconded by
adopted, and upon roll call there were:
the Resolution be
. AYES:
NAYS:
ABSENT:
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City of Iowa City
MEMORANDUM
Date:
November 30, 1994
To:
City Council
David SChOOr(~
Incremental Property Tax Revenues Allocated to the Near Southside Neighbor-
hood
From:
Re:
At the November 21, 1994, work session, the City Council requested additional information
regarding the amount of incremental property tax revenues generated by Phase 1 and 2 of the
proposed Block 102 office/retail project and the proposed Block 103 hotel project. Over a
fifteen year period a total of approximately $1.1 million in incremental property tax revenues
would be generated by these projects. Fifty percent of the total incremental property tax
revenues would be $550,000 and seventy-five percent would be $825,000. For your
reference, I have attached a previous memo that outlines the calculations for fifty percent of
the incremental property tax revenues being allocated to the Near Southside Neighborhood.
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City of Iowa City
MEMORANDUM
Date:
November 3, 1994
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To:
City Council I-
David Schoon, Economic Development Coordinator'9 '-7
, From:
Re: Incremental Property Tax Revenues Allocated to the Near Southside
Neighborhood
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At the October 24, 1994, work session, the City Council requested information regarding the
amount of incremental property tax revenue that would be generated by redevelopment
projects and allocated to the Near Southside Neighborhood. In particular, the Council was
interested in the impact of Phase 1 and 2 of the Block 102 office/retail project and the Block
103 hotel project. Based on the components of the draft resolution authorizing the allocation
of the incremental property tax revenues (a copy of which is enclosed in the October 25,
1994, Council packet), these two projects wou!d generate an estimated $55()',OOO over a
fifteen year period. (See Table 1 attached).
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TABLE 1
INCREMENTAL PROPERTY TAX REVENUES ALLOCATED TO THE NSS NEIGHBORHOOD
Block 102 . Block 102 .
Office/Retail Office/Retail Block 103 .
Building . Building . Hotel
Phase 1 Phase 2 Project Total
Estimated Added
Value of Improvements
(Assessed Valuation) $ 9,189,990 $ 9,189,990 $5,784,000
YEAR 1 $ 7,444 $ 4,685 $ 12,129
YEAR 2 $ 11,168 $ 7,028 $ 18,193
YEAR 3 $ 14,868 $ 9,370 $ 24,258
YEAR .. $ 18,610 $ 11,713 $ 30,322
YEAR 5 $ 22,332 $ 14,055 $ 36,387
YEAR 6 $ 22,332 $ 7,444 $ 14,055 $ 43,831
YEAR 7 $ 26,054 $ 11,166 $ 16,398 $ 53,617
YEAR 8 $ 26,054 $ , 14,888 $ 16,398 $ 57,339
YEAR 9 $ 29,776 $ 18,610 $ 18,740 $ 67,125
YEAR 10 $ 29,776 $ 22,332 $ 18,740 $ 70,847
YEAR 11 $ 22,332 $ 22,332
YEAR 12 $ 26,054 $ 26,054
YEAR 13 $ 26,054 $ 26,054
YEAR 14 $ 29,778 $ 29,776
YEAR 15 $ 29,776 $ 29,776 ,
TOTAL $ 208,429 $ 208,429 $ , 131,181 $ 548,039
General Tax Levy $ 8.10 per $1 ,000 of Assessed Valuation
Assumptions:
Assumes that the added value of improvements go on the tax role at one time.
Assumes that Phase 2 of the Block 102 project goes on the tax role In year six.
Assumes that only 50% of the tax revenues generated by the general lax levy are
collected and allocated to the Near Southslde Neighborhood for a period of ten
years per profect.
Page 1
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ORDINANCE NO.
10
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AN ORDINANCE AMENDING TITLE 14, "UNI-
FIED DEVELOPMENT CODE" OF THE CITY
CODE BY AMENDING CHAPTER 9, ARTICLE A,
ENTITLED .PARKING FACILITY IMPACT FEE"
TO INCLUDE COMMERCIAL DEVELOPMENT.
WHEREAS, the City has adopted the Near
Southside Neighborhood Redevelopment Plan
to guide the development in the Near Southside
Neighborhood; and
WHEREAS, a parking facility impact fee
ordinance will assist in the implementation of
the plan, and guide the use and development of
land so as to assure that new residential devel-
opment and new commercial development in
the Near Southside Neighborhood bears a
proportionate share of the cost of capital
expenditures necessary to provide off-street
parking in the Near Southside Neighborhood of
Iowa City.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA: '
SECTION I. AMENDMENT. Title 14, entitled
"Unified Development Code" of the City Code
is hereby amended by repealing Chapter 9,
Article A, entitled, "Parking Facility Impact
Fee," and adding thereto a new Chapter 9,
Article A to read as follows:
ARTICLE A. PARKING FACILITY IMPACT FEE
14-9A-1: LEGISLATIVE FINDINGS: The City
Council finds, determines and declares the
following as legislative facts:
A. Residential development and redevelop-
ment in the Near Southside Neighbor-
hood ("Neighborhood"), together with
commercial development and redevelop-
ment in said Neighborhood will create an
increased demand and need for off-street
parking; that such development and
redevelopment will have an impact on
the City parking facility system; and that
without the provision of adequate off.
street motor vehicular parking spaces,
such development and redevelopment
would create undue traffic congestion
and generally be contrary to the health,
safety end welfare of the citizens of Iowa
City.
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Page 2
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B. Due to the Neighborhood's proximity to
the downtown area, it is undesirable to
devote significant portions of develop-
ment sites to parking in the Near South-
side Neighborhood, since it is in the
public interest to develop land now avail.
able in the Neighborhood for more inten-
sive residential and commercial uses.
C. New residential and new commercial
development in that portion of the Near
Southside Neighborhood referred to as
the Near Southside Parking Facility Dis-
trict will create an increased demand for
additional off-street parking, which de-
mand should be met by and/or paid for
by the development itself according to
the proportionality of the development's
impact upon existing off-street parking
facilities, and the development's creation
of increased demand for additional off-
street parking facilities.
D. The City needs to expand its parking
facility system to accommodate new
residential and commercial development
in order to ensure adequate off. street
parking, and the City Council recognizes
such expansion is necessary to promote
and protect the public heaith, safety and
welfare.
E. The increased need and demand for off.
street parking created by new commer-
cial and new residential development in
the Near Souths ide Parking Facility Dis-
trict is reasonably and rationally related
to the development's payment of a pro-
portionate share of a new City parking
facility or facilities, and a "payment in
lieu of off-street parking" is a reasonable
and rational method to further the City's
goals of promoting and facilitating inten-
sive economic development near the
downtown area, and at the same time
minimizing the use of large land masses
for private parking lots.
F. The imposition of parking impact fees is
a reasonably and rationally calculable
method of ensuring that new develop-
ment bears a proportionata share of the
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Ordinance No.
Page 3
cost of parking facilities necessary to
accommodate the resulting increased
demands for off-street parking created by
the new development, and the Council
wishes to avail itself of this method.
G. The fee established in Section 14-9A-6
hereof is directly derived from, based on
and does not exceed the cost of provid-
ing additional off-street City parking
facilities as a capital improvement cost
necessitated and generated by the new
residential and new commercial develop-
ment for which the fee is to be charged.
H. City involvement in the expansion of the
parking facility system as a capital im-
provement is appropriate due to the scale
and cost of such facilities, and is neces-
sary due to the proximity of the Neigh-
borhood to the downtown area and the
expected high use levels of such a park-
ing facility system.
I. The fee established by this Article does
not constitute a tax.
14-9A-2: TITLE AND AUTHORITY:
A. Title: This Article shall be known and
may be cited as the NEAR SOUTHSIDE
NEIGHBORHOOD PARKING FACILITY
DISTRICT IMPACT FEE ORDINANCE.
B. Authority: The City Council has the
authority to adopt this Article under its
home rule powers, pursuant to the Con-
stitution of the State of Iowa, as amend.
ed, the Code of Iowa, as amended, and
the United States Constitution.
14-9A.3: INTENT AND PURPOSE:
A. This Article is intended to assist in the
implementation of the Iowa City Compre-
hensive Plan and the Near Southside
Neighborhood Redevelopment Plan.
B. The purpose of this Article is to regulate
the use and development of land so as to
ensure that new residential and new
commercial development in the Near
Southslde Neighborhood bears a propor-
tionate share of the capital improvement
costs necessary to meet the additional
parking needs and demands caused by
development in this Neighborhood, and
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Ordinance No.
Page 4
to do so by paying a portion of the costs
needed to meet the need for off-street
parking in a City parking facility within
the Near Southside Parking Facility Dis-
trict of Iowa City.
14-9A-4: APPLICATION OF PROVISIONS:
This Article shall apply to all real property
within the Near Southside Parking Facility
District. Where the provisions hereof are in
conflict with those of the Iowa City Zoning
Ordinance, or in conflict with the Near South.
side Neighborhood Redevelopment Plan, the
provisions hereof shall prevail.
14-9A.5: DEFINITIONS: As used in this Arti-
cle, the following definitions shall apply:
CAPITAL IMPROVEMENT COST: In.
c1udes costs of design, engineering, necessary
consultants, construction, financing of a capital
improvement including debt service, land
acquisition, site improvements, and buildings
and equipment necessary for a City off-street
parking facility, but excludes maintenance and
operation of such facility.
COMMERCIAL FEE PAYOR: A person
applying for the issuance of an occupancy
permit for commercial development in the Near
Southside Parking Facility District.
NEAR SOUTHSIDE PARKING FACILITY
DISTRICT: That area of Iowa City bounded by
Burlington Street on the north, Gilbert Street on
the east, the Iowa Interstate Railway Main Line
on the south and Madison Street on the west,
except for Blocks 10 and 21 of County Seat
Addition; Lots 5 and 6 of Block 13, County
Seat Addition; Lots 3, 4, 5, the east 50 feet of
Lot 6, and the south 40 feet of Lot 2, Block
11, County Seat Addition; and Lots 10-15,
Lyon's First Addition.
CITY PARKING FACILITY: A ramp,
surface lot or combination thereof designed to
accommodate the off.street parking of motor
vehicles as a capital improvement.
RESIDENTIAL FEE PAYOR: A person applying
for the issuance of an occupancy permit for
residential development in the Near Southside
Parking Facility District.
COMMERCIAL USES AND COMMERCIAL
DEVELOPMENT: For purposes of this ordi-
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Ordinance No.
Page 5
nance, "commercial uses and commercial
development" shall mean any non-residential
uses requiring parking as required by Section
14-6N-1 of the City Zoning Ordinance, as
amended.
14-9A-6: IMPLEMENTATION OF FEE:
A. Any person who, after the effective date
hereof, seeks to develop land within the
Near Southside Parking Facility District
by applying for an occupancy permit for
residential or commercial use is deemed
to have created a need and demand for
additional off-street parking in the Near
Southside Parking Facility District, and is
thereby required to pay a proportionate
share of the capital improvement costs
necessary to meet the additional off-
street parking needs and demands creat-
ed by such development by contributing
a proportional share of the costs of a
City parking facility, which share shall be
a "parking facility impact fee" to be paid
in the manner and amount set forth in
this Article.
B. No new occupancy permit for residential
or commercial use requiring the payment
of an impact fee pursuant to this Article
shall be issued unless and until the park-
ing facility impact fee hereby required
has been paid in accordance with Section
14-9A-8, Payment of Fee.
14-9A-7: COMPUTATION OF FEE AMOUNT:
A. The parking facility impact fee imposed
by this Article is based on current best
estimates of the capital improvement
costs of the construction of a parking
facility or facilities in the Near Southside
Parking Facility District. Based on 1992
architects' estimates of construction
costs of ten thousand dollars ($10,000-
.001 per parking space constructed and
land costs of approximately sixteen dol-
lars ($16.001 per square foot, the City
Council finds that such capital improve-
ment costs total in the amount of at least
twelve thousand dollars ($12,000.001
per parking space in 1992 dollars.
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Ordinance No.
Page 6
8, The City Council further finds that given
current Department of Planning and
Community Development estimates of
new residential and new commercial
development in the Near Southside Park-
ing Facility District, and given the City's
ability to manipulate City parking system
rates, monthly permit policies and on-
street parking ordinances, the use of an
off-street parking facility in the Near
Southside Parking Facility District will be
apportioned as follows: thirty-three and
one-third percent (33%%1 to users attrib-
utable to new residential development in
the Near Southside Parking Facility Dis-
trict; sixteen and two-thirds percent
(16%%) to users attributable to new
commercial development in the Near
Southside Parking Facility District; and
fifty percent (50%1 to users from other
areas.
C, Based on the foregoing, the amount of
the parking facility impact fee required by
this Article, in 1992 dollars, shall be four
thousand dollars ($4,000.001 per parking
space for residential uses and $2,000 per
parking space for commercial uses. The
parking facility impact fee shall be adjust-
ed annually according to provisions of
subsection G of this section.
In order that available land in the Near
Southside Parking Facility District is
intensively used, and that a portion of
residential and commercial parking is
combined in a City off-street parking
facility or facilities, rather than scattered
throughout the Near Southside Parking
Facility District, the City Council finds
that the residential parking facility impact
fee shall be paid in lieu of providing fifty
percent 150%1 of the parking spaces
otherwise required by the City Zoning
Ordinance for residential uses. The Cou-
[lcil further finds that this parking facility
impact fee is reasonably and rationally
related to the increased off-street parking
need or impact created by said new
residential development.
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Ordinance No.
Page 7
The Council further finds that the
commercial parking facility impact fee
shall be paid in lieu of providing seventy-
five percent (75%) of the parking spaces
otherwise required by the City Zoning
Ordinance for commercial uses, and may
also be paid in lieu of providing the re-
maining twenty-five percent (25%) or
any portion thereof of the required com-
mercial parking spaces on site. The
Council further finds that this commercial
parking facility impact fee is reasonably
and rationally related to the increased
off-street parking need or impact created
by said new commercial development.
E. The total residential parking facility im-
pact fee required by this Article shall be
calculated by multiplying the number of
parking spaces otherwise required by the
Zoning Ordinance for residential uses by
fifty percent (50%), and multiplying that
product by the per space parking facility
impact fee amount, as expressed in the
formula:
(RPS x .5) RIF = TRF
Where:
RPS is the number of parking
spaces otherwise required by the
Zoning Ordinance for residential use;
RIF is the per space residential
parking facility impact fee for resi-
dential uses; and
TRF is the total residential park-
ing facility impact fee required by
this Article.
(1978 Code ~32.1-115)
F. The minimum total commercial parking
facility impact fee required by this Article
shall be calculated by multiplying the
number of parking spaces otherwise
required by :he zoning ordinance for
commercial uses by seventy-five percent
(75%1/ and multiplying that product by
the per space parking facility impact fee
amount as expressed in the formula:
(CPS x .751 CIF = TCF
Where:
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Ordinance No.
Page 8
CPS is the number of parking spaces
otherwise required by the Zoning
Ordinance for commercial uses;
CIF is the per space commerciai
parking facility impact fee for com-
mercial uses; and
TCF is the minimum total commer-
cial parking facility impact fee re-
quired by this Article.
If less than twenty-five percent
(25 %1 of the required parking spac-
es are provided on-site, the total
impact fee shall be the amount equal
to all required spaces not provided
on-site, times the CIF.
G. To ensure accurate estimates of current
parking facility capital improvement
costs, the amount of the parking facility
impact fee required by this Article shall
be adjusted annually based on the nation-
al historical cost indexes contained in the
most recent edition of Means Square
Foot Costs manual, as amended.
H. The calculation of parking facility impact
fees and the receipt thereof by the City
shall be documented in a form recordable
in the office of the County Recorder.
14-9A-8: PAYMENT OF FEE:
A. The City Manager or designee shall calcu-
late and assess the entire parking impact
fee upon issuance of an occupancy per-
mit. The fee payor may pay the entire
fee at the issuance of the occupancy
permit, or may elect to pay the fee in
three (3) equal annual installments, the
first of which shall be due and collected
at the issuance of the occupancy permit.
If the fee payor elects to pay the fee in
three (3) annual installments, the fee
payor shall execute an agreement with
the City before the City issues a occu-
pancy permit, which agreement sets
forth the timing and amounts of the
remaining installments to be paid and
also sets forth that, upon confirmation by
the Iowa City Finance Department that
the fee payor has defaulted on an install-
ment payment, the City Clerk shall certify
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ordinance No.
Page 9
the outstanding fee balance to Johnson
County as a lien upon the premises for
which the occupancy permit was issued.
'Said lien will not preclude the City from
pursuing recovery of the fee by other
legal or equitable remedies.
B. All fees collected shall be promptly trans-
ferred for deposit in the Near Southside
Parking Facility District Impact Fee Re-
stricted Fund, established in Section 14-
9A-1O hereof, and held there and used
solely and exclusively for the purposes
specified in this Article.
14-9A-9: REFUND OF FEES:
A. Any funds not expended for a City park-
ing facility or which remain unencum-
bered by the end of the calendar quarter
immediately following five (5) years from
the date of the final impact fee payment
shall, on application of the fee payor or
the fee payor's successor in interest, be
returned to such fee payor with interest
at the rates earned by the Restricted
Fund during such time as the fees were
held in the Fund, provided the fee payor
submits an application for the refund to
the City Manager or designee within one
hundred eighty (180) calendar days of
the expiration of the five (5) year period.
As used in this subsection, funds shall be
deemed "encumbered" if the City Council
has approved a contract for acquisition
and/or construction of a parking facility
or facilities in the Near Southside Parking'
Facility District.
14-9A-10: PARKING FACILITY IMPACT FEE
RESTRICTED FUND:
A. Fund Established: There is hereby estab-
lished the Near Southside Parking Facility
District Impact Fee Restricted Fund.
B. Use of Funds:
1. Monies held in the Restricted Fund,
including any accrued interest, shall
be used solely and exclusively for
the purpose of the City capital im-
provement costs for providing off-
street parking facilities to be located
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Ordinance No.
Page 10
in the Near Southside Parking Facili-
ty District, and shall not be used for
maintenance or operation or for any
other purpose.
2. Monies shall be expended in the
order in which they are collected.
3. In the event that bonds or similar
debt instruments are issued for the
construction of capital facilities for
which parking facility impact fees
are to be expended, monies held in
the Restricted Fund may be used to
pay debt service on such bonds or
similar debt instruments, as capital
improvement costs.
4. Monies in the Restricted Fund may
be used to provide refunds as pro-
vided in Section 14-9A-9 hereof.
5. Monies in the Restricted Fund shall
be used for the purposes enumerat-
ed herein, exclusive of all others and
shall remain inviolate within the
Restricted Fund.
C. Annual Report Required: At least once
each fiscal year the City Manager or
designee shall present to the City Council
an accounting of the Restricted Fund.
14-9A-11: PARKING FACILITIES:
A. On-Site Parking Spaces:
1 . Notwithstanding provisions of the
Zoning Ordinance which may be to
the contrary, payment of the resi-
dential parking facility impact fee
shall require the residential fee payor
to provide no fewer than fifty per-
cent (50%1 of the parking spaces
otherwise required for residential
uses on the site, and payment of the
commercial impact fee shall entitle
the commercial fee payor to provide
no more than twenty.five percent
(25%1 of the parking spaces other-
wise required for commercial uses
on the site.
2. Those parking spaces provided on-
site after payment of the parking
facility impact fee shall:
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Ordinance No.
Page 11
a. Be sized in accordance with the
prevailing proportionality reo
quirements of the Zoning Ordi.
nance regarding standard and
compact car sized spaces; and
b. Include all required disabled
accessible spaces.
B. Construction of Parking Facility: The off.
site parking facilities financed in part by
the Near Southside Neighborhood parking
facility impact fee shall be:
1. Constructed in the Near Southside
Parking Facility District.
2. Constructed at a time and in accord
with a design at the sole discretion
of the City Council.
3. Designed and operated to accommo.
date new parking demands up to
fifty percent (50%) of capacity and
existing demand up to fifty percent
(50%1 of capacity.
14.9A.12: RIGHTS OF FEE PAYORS:
A. This Article is intended to provide resi.
dential and commercial fee payors a
reasonably and rationally calculable meth.
od to meet the needs for off.street park-
ing created by their development for both
residents of new residential development
in the Near Southside Parking Facility
District, and/or tenants and customers of
new commercial development in the Near
Southside Parking Facility District.
B. The payment of the parking facility im-
pact fee does not guarantee a residential
fee payor or a commercial fee payor a
parking space or a monthly permit in a
City off.street parking facility, either
existing or those financed in part by this
Article; however, the City Manager or
designee shall, to the extent reasonably
possible, give preference to occupants of
residential and commercial development
for which a parking facility impact fee
was paid.
14-9A.13: EXEMPTIONS FROM PROVISIONS:
The following shall be exempted from the
requirements of this Article:
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Ordinance No.
Page 12
A. Residential development which consti-
tutes II elderly housing" as defined in the
Zoning Ordinance.
B. Historic properties, identified in the Near
Southside Neighborhood Redevelopment
Plan and that have been preserved or
restored in accordance with the 1990
revised edition of the Secretary of Interi-
ors Standards for Rehabilitation and
Guidelines for Rehabilitating Historic
Buildings to the extent that the impact
fee provided herein must be paid, but the
fee payor shall be exempt from providing
the on-site parking spaces otherwise
required.
14-9A-14: VIOLATIONS AND PENALTIES:
Any violation of this Article shall be considered
a simple misdemeanor or Municipal infraction
provided for in Title 1, Chapter 4 of the City
Code,
SECTION II. REPEALER. All ordinances and
parts of ordinances in conflict with the provi-
sions 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 no~ affect the validity of the
Ordinance as a whole or any section, provision
or part thereof not adjudged invalid or unconsti-
tutional.
SECTION IV. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
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ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 14, "UNIFIED DEVELOPMENT CODE" OF THE CITY CODE
BY AMENDING CH PTER 9, ARTICLE A, ENTITLED "PARKING FACILITY I PACT FEE" TO
INCLUDE COMMER IAL DEVELOPMENT. -
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Page 2
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F. The impos ion of parking impact fees is a reasonably and rationallv calculable method
of ensuring hat new development bears a proportionate share of the cost of parking
facilities nece sary to accommodate the resultino jncreased demands for off-street
parkino create y the new development, and the Council wishes to avail itself of thi
method.
GFI. The fee establishe in Section 14-9A-6 hereof is directlv derived from, based 0 and
does not exceed the cost of providing additional off-street City parking faciliti as a
capital improvement c st necessitated and oenerated by the new residential nd new
commercial developmen for which the fee is to be charged.
Hl=. City involvement in the e ansion of the parking facility system as a ca Ital improve-
ment is appropriate due to t e scale and cost of such facilities, and is cessary due to
the roximit of the Nei hbo ood to the downtown area and the ected hi h use
levels of such a arkin facilit stem.
I. The fee established by this Artie does not constitute a tax.
14-9A-2: TITLE AND AUTHORITY:
A. Title: This Article shall be know and may be cited the NEAR SOUTHSIDE
NEIGHBORHOOD PARKING FACILlT ISTRICT IMPACT EE ORDINANCE.
B. Authority: The City Council has the au ority to adopt is Article under its home rule
powers, pursuant to the Constitution of e State of owa, as amended, the Code of
lowa, as amended and the United States onstitu' on. ,
14-9A-3: INTENT AND PURPOSE:
A. This Article is intended to assist in the implem ation of the Iowa City Comprehensive
Plan and the Near Southside Neighborhood d lIelopment Plan.
B. The purpose of this Article is to regulate e us and development of land so as to
ensure that new residential and new co mercial velopment in the Near Southside
Neighborhood bears a proportionate sh re of the capl al improvement costs necessary
to meet the additional arkin nee and demands used b develo ment in this
~ei hborhood and to do so b a ortion of the c sts needed to meet the need
for off-street parking in a Cit facilit within the Ne r Southside Parkinq Facilitv
District of Iowa City.
14-9A-4: APPLICATION OF PROV IONS: This Article shall apply 0 all real property within
the Near Southside Neighborh d Redeve!ejr
FAent Plafl Parkin Facilit Distr' t. Where the provisions hereof are in conflict with those of
the Iowa City Zoning Ordin nee, or in conflict with the Near Sou side Nei hborhood
Redevelopment Plan, the pr visions hereof shall prevail.
14-9A-5: DEFINITIONS: s used in this Article, the following definition shall apply:
CAPITAL IMPROV ENT COST: Includes costs of design, engine ring, necessarv
consultants, construct' n financing of a capital improvement including de t service, land
acquisition, site impr vements, and buildings and equipment necessary for a it off-street
parking facility, but xcludes maintenance and operation of such facility.
COMMERCI FEE PAYOR: A person applying for the issuance of an occup ncy permit f~
for commercial . development in the Near Southside Parkin Facili District Ii
NeigAborhoed. El
NEAR SOUTHSIDE PARKING FACILITY DISTRICT NflGHBORHOOD: That area Iowa [,j
City bounded by Burlington Street on the north, Gilbert Street on the east, the Iowa Interstate IT;
Railway Main Line on the south and Madison Street on the west, afld as definod in the-NooF t~
Southside Neighborhood Redevelopment Plan except for Blocks 10 and 21 of County Seat IiI
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B. All fees collected shall be promp transferred for deposit in the Near Southside Parking
Facility District Impact Fee Restr' d Fund, established in Section 14-9A-1 0 hereof, and
held there and used solely an exc sively for the purposes specified in this Article.
14-9A-9: REFUND OF FEES:
A. Any funds not expended fo a City pa ing facility or which remain unencumbered by
the end of the calendar qu rter immediat Iy following five (5) years from the date of the
final impact fee payme shall, on apph ation of the fee payor or the fee payor's
successor in interest, b returned to such f payor with interest at the rates earned by
the Restricted Fund ding such time as the f s were held in the Fund, provided the fee
payor submits an ap ication for the refund to e City Manager or designee within one
hundred eighty (18 calendar days of the expira 'on of the five (5) year period. As used
in this subsection, unds shall be deemed "encumb red" if the City Council has approved
a contract for ac isition and/or construction of a p king facility or facilities in the Near
Southside Parki Facilit District Neighborhood.
14-9A-10: PARKIN FACILITY IMPACT FEE RESTRICTED UND:
A. Fund Establis ed: There is hereby established the Near S uthside NeighbeffiaOO Parking
Facility Distr' t Impact Fee Restricted Fund,
B. Use of Fun :
1. Monie held in the Restricted Fund, including any accr d interest, shall be used
solely, and exclusively for the purpose of the Citv capita improvement costs for
rovi in off-street parking facilities to be located in the ar Southside ParkinQ
Faci it District Noi[lhborheod, and shall not be used for main enance or operation
or or an other uroose.
2. M nies shall be expended in the order in which they are collecte .
3. In the event that bonds or similar debt instruments are issued for t e construction
of capital facilities for which parking facility impact fees are to be exp Q,ded, monies
held in the Restricted Fund may be used to pay debt service on sUC\bOndS or
similar debt instruments, as capital improvement costs. \
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14-9A-9 hereof. ~
5. onies in the Restricted Fund shall be used for the purposes enumera ed herein,
e elusive of all others and shall remain inviolate within the Restricte undo
C. Annual eport Required: At least once each fiscal year the City Mana r or designee
shall pre nt to the City Council an accounting of the Restricted Fun .
14-9A-11: PA ING FACILITIES:
A. On-Site Par . g Spaces:
1. Notwithst nding provisions of the Zoning Ordinance which ay be to the contrary,
payment 0 the residential parking facility impact fe shall entitle reauire the
residential fe payor to provide no fewer than fifty p cent (50%1 of the parking
spaces otherwl e required for residential uses on e site, and pavment of the
commercial im a t fee shall entitle the commerc' I fee a or to rovide no more
than twent -five rcent 25 % of the arki s aces otherwise re uired for
commercial uses on e site.
2. Those parking spaces ovided on-site after. ayment of the parking facility impact
fee shall:
a. Be sized in accordanc with the pr ailing proportionality requirements of the
Zoning Ordinance regar . g stan rd and compact car sized spaces; and
b. Include all required disabl ac essible spaces.
B. Construction of Parking Facility: TH off-site parking facilities financed in part by the
Near Southside Neiahborhood parki g acility impact fee shall be:
1. Constructed in the Near Sout side arkin Facilit District NeighborAood Area.
2. Constructed at a time and i accord 'th a design at the sole discretion of the City
Council.
3. Designed and operated
(50%1 .
up to silew sile an
14-9A-12: RIGHTS OF FEE
A. This Article is intend to provide residential and co mercial fee payors a reasonably
and rationally calcu ble method to meet the needs f secure off-street parking fa!'
created b their d elo ment for both residents of new r sidential development in the
Near Southside arkin Facilit District and or tenant and customers of new
commercial de 10 ment in the Near Souths ide Parkin Faci' District.
B. The payment f the parking facility impact fee does not guarant a residential fee payor
or a comme cial fee a or a parking space or a monthly per 't in a City off-street
parking fa 'ity, either existing parkiR~ faoilitios or those financed i part by this Article;
however, the City Manager or designee shall, to the extent reason bly possible, give
prefere e to occupants of residential and commercial development fo which a parking
facilit\l impact fee was paid.
14-9A-13: EXEMPTIONS FROM PROVISIONS: The following shall be exem ted from the
requirem nts of this Article:
A. R sidential development which constitutes "elderly housing" as defined in e Zoning
rdinance.
B. Historic properties, identified in the Near Southside Neighborhood Redevelopme t Plan
and that have been preserved or restored in accordance with the 1990 revised e ition
of the Secretary of Interiors Standards for Rehabilitation and Guidelines for Rehabilitating
w parking demands up to fiftv percent
o of capacity and existing demand
o fiftv percent (50%t of capacity.
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Hist ic Buildin s to the extent that the impact fee provided herein must be paid, but the
fee pa r shall be ~xemPt from providino the on-site parking spaces otherwise required.
14-9A-14: V LATIONS AND PENALTIES: Any violation of this Article shall be considered
a simple misdem anor or Municipal infraction or eR'IironFl1eRtal infruetion provided for in Title
1, Chapter 4 of th City Code. '
SECTION II. REPEAL: R. All ordinances and parts of ordinances in conflict with the Iovisions
of this Ordinance are reby repealed.
SECTION III. SEVERAB ITY. If any section, provision or part of the Ordi nee shall be
adjudged to be invalid or un onstitutional, such adjudication shall not affect t e validity of the
Ordinance as a whole or a y section, provision or part thereof not a udged invalid or
unconstitutional.
SECTION IV. EFFECTIVE DAT This Ordinance shall be in effect ter its final passage,
approval and publication, as provi ed by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
Approved b~ '
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ity Attorney's Office I;;/rr;.
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