HomeMy WebLinkAbout1994-12-13 Ordinance
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ORDINANCE NO, 94-3653
AN ORDINANCE AMENDING THE ZONING
ORDINANCE BY CONDITIONALLY
CHANGING THE LAND USE REGULATIONS
OF APPROXIMATELY 5.52 ACRES OF LAND
LOCATED EAST OF WATERFRONT DRIVE
AND THE CRANDIC RAILROAD RIGHT.OF.
WAY, IOWA CITY, IOWA, FROM CI.1,
INTENSIVE COMMERCIAL, TO CC.2,
COMMUNITY COMMERCIAL,
WHEREAS, John and Frieda Rummelharl
and Boyd and Rummelhartl Inc" the Owners,
and Hy-Vee Food Storesl Inc'l the Contract
Purchaser (hereinafter "applicant") have
requested that the City rezone 5,52 Acres of
Land located east of Waterfront Drive and the
CRANDIC Railroad right-of-way, Iowa Cityl
lowal from CI-1, Intensive Commercial, to CC-21
Community Commercial; and
WHEREASl the subject property is located
adjacent to an existing area of community
commercial development; and
WHEREAS, the City deems it appropriate to
expand the existing commercial area if concerns
regarding traffic improvements and adequate
infrastructure to accommodate community
commercial development are addressed and
provisions for the same are made; and
WHEREASl the Planning and Zoning
Commission recommended approval of the
requested rezoning subject to conditions for the
provision of adequate infrastructure and traffic
improvements; and
WHEREASl Iowa law provides that the City
of Iowa City may impose reasonable conditions
on granting applicantls rezoning requestl over
and above existing regulalionsl to satisfy public
needs directly caused by the requested change;
and
WHEREASl the owners and applicant have
agreed to the terms and conditions contained in
the Conditional Zoning Agreement, attached
hereto and incorporated by this reference; and
WHEREASl the owners and applicant
acknowledge that the terms and conditions
contained in the Conditional Zoning Agreement
are reasonable to impose on the land under
Iowa Code s414.5(1993) and satisfy public
needs directly caused by the requested zoning
change,
NOWl THEREFOREl BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITYl IOWAl THAT:
SECTION I. APPROVAL Subject to the terms
and conditions of the attached Conditional
Zoning Agreement as authorized by S414.51
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Ordinance No. 94-3653
Page 2
J
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Code of Iowa (1993)1 the property legally
- described below is hereby reclassified from its
present classification of CI-11 Intensive
Commerciall to CC-2, Community Commercial:
South Portion of Frieda & John
Rummelhart Tract: Commencing at a point
which is N87029'40"E, 237.4 feet from the
Southwest Corner of the Southeast Quarter,
Section 15, Township 79 North, Range 6
West of the 5th P,M,; Thence N87038140"E,
715,05 feet along the South Line of said
Southeast quarter; Thence NOOO 17'00"Wl
363,30 feet; Thence S89043'00"W, 166,00
feet; Thence NOo017'00"W, 99,94 feet;
Thence S89041 'OO"Wl 230,37 feet to the
Point of Beginning; Thence SOo017'00"El
84.90 feet; Thence S89041'00"W, 541.80
feet to a point 14.00 feet normally distant
from the Centerline of an existing railroad
track; thence N03051100"Wl 85.00 feet to a
point 14.00 feet normally distant from said
Centerline of railroad tracks; Thence
N89041'00"El 547.09 feet to the Point of
Beginningl subject to easements and
restrictions of record,
Former Lewis Tract: Commencing at
the Southwest Corner of the Southeast
, Quarter of Section 151 Township 79 North,
Range 6 West of the Fifth Principal
Meridian; Thence N87029'40"E along the
South Line of the Southwest Quarter of the
Southeast Quarter of said Section 151 237.4
feet to the POINT OF BEGINNING; Thence
N08055'45"W, 60,00 feet; Thence
S87"29140"Wl 1 0.00 feet; Thence
N08055145"Wl 112,00 feet; Thence
S87029'40"Wl 90,00 feet to a point on the
Easterly Right-of-Way Line of Waterfront
Drive; Thence N45038150"W along the
Easterly line of Waterfront Drive, 123.87
feet to a point on the East Right-of-Way line
of the C,R.I. & P,R.R,; Thence
N04000110"W along said East Right-of-Way
line 152.44 feet; Thence N89041'00"E,
542.14 feet to a point on the West Line of
Boyrum Subdivision Part 2, recorded in Plat
book 24 at Page 12 in the office of the
Johnson County Recorder; Thence
SOo017'00"E along said West L1nel 393,62
feet to the Southwest Corner of Lot 1 of
said Boyrum Subdivision, Part 2; Thence
S870291401'W along the North Line of Block
5, Braverman Center, Parts 1 and 2,
recorded in Plat Book 8 at Page 69 In the
Office of the Johnson County Recorderl
318,68 feet to the Point of Beginning,
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Ordinance No. 94- 3653
Page 3
and
Commencing at a point on the east line
of the public highway known as the Wapello
Road, said point being 137.4 feet east and
112 feet northerly measured along the east
line of said road from the Southwest corner
of the Southeast Quarter of Section 151
Township 79 North, Range 6 West of the
5th P,M" thence east parallel with the South
line of Section 15, 90 feetl thence in a
northerly direction parallel with the East line
of said Wapello Road, 60 feet, thence West
parallel with the South line of said Section
15, 90 feet to the East line of said Wapello
Roadl thence in a Southerly direction along
the East line of said road 60 feet to the
place of beginning,
Former Baculis Tracts: Commencing at
a point on the east line of the public
highway known as the Wapello Road, said
pointl being 137.4 feet east and 60 feet
northerly measured along the east line of
said road, from the southwest corner of the
southeast quarter of Section 151 Township
79 Northl Range 6 West of the 5th P,M"
running thence northerly along the east line
of said Wapello Road, 52 feet, thence east
parallel with the south line of said Section
15, 90 feetl thence southerly parallel with
the east line of said Wapello Roadl 52 feet,
thence westerly to the point of beginning,
and
Commencing at a point on the south line
of section fifteen (15) in township seventy-
nine (79) north, range six (6) west of the 5th
P,M'1 said point being on the east side of
the public highway known as the Wapello
Road and being 137.4 feet east of the
southwest corner of the southeast quarter of
said section 151 (said corner being marked
by a stone)l thence east along the 'south
line of said section 100 feetl thence in a
northwesterly direction parallel with the east
line of said Wapello Roadl 60 feetl thence
west 100 feet to the east line of said
Wapello Road, thence In a southeasterly
direction along the east line of said Wapello
Road 60 feetl more or less, to the point of
beginning.
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 as provided by law.
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Ordinance No, 94-3653
Page 4
SECTION III. CONDITIONAL ZONING
AGREEM ENT, CERTIFICATION AND
RECORDING. The Mayor is hereby authorized
and directed to sign, and the City Clerk to attest,
the attached Conditional Zoning Agreement
between the City of Iowa City, the Owner and
the Applicant. The City Clerk is further
authorized and directed to certify a copy of this
Ordinance and the Conditional Zoning
Agreement which shall be recorded by the
applicant at the Office of the County Recorder of
Johnson CountYl lowal upon final passage and
publication as provided by law.
SECTION IV, REPEALER. All ordinances and
parts of ordinances in conflict with the provision
of this Ordinance are hereby repealed.
SECTION V. SEVERABILITY, If any section,
provision or part of this Ordinance shall be
adjudged to be invalid or unconstitutional I such
adjudication shall not affect the validity of the
Ordinance as a whole or any section I 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 publicationl as required
by law,
Passed and approved this 13th day of
~~~~. ~-;L
MAYOR ( "::";
'ATTEST: J;t~ f. -JLJ
CITY CL~
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Ordinance No, Qt.-~I>~,
Page 5
It was moved by Novi rk and seconded by RRkpl"
as read be adopted, and upon roll call there were:
that the Ordinance
AYES:
NAYS:
ABSENT:
x
x
x
x
x
Baker
Horowitz
Kubby
Lehman
Novick
v Pigott
Throgmorton
x
First Consideration 11/22/94
Vote for passage: AYES: Novick, Pigott, Throgmorton, Baker,
Horowitz, Kubby, Lehman . NAYS: None. ABSENT: None.
, Second Consideration 1?/6/Q4
Vote for passage: AYES: Throgmorton, Baker, Horowitz, Kubby, Lehman,
Novick, Pigott. NAYS: None. ABSENT: None.
Date published 12/21/94
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CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corpora-
tion (hereinafter "City"l, John and Frieda Rummelhart and Boyd and Rummelhart, Inc,
(hereinafter "Owners"l and Hy-Vee Food Stores, Inc. (hereinafter" Applicant"l.
WHEREAS. Applicant has contracted to purchase approximately 5.52 acres of land located
east of Waterfront Drive and the CRANDIC Railroad right-of-way, Iowa City, Iowa; and
WHEREAS, Applicant, as contract purchaser, and Owners, as legal title holder, have requested
the City rezone the 5,52 acres of land located east of Waterfront Drive and the CRANDIC
Railroad right-of-way, from CI-1, Intensive Commercial, to CC-2, Community Commercial; and
WHEREAS, Iowa Code ~ 414.5 (1993) provides that the City of Iowa City may impose
reasonable conditions on granting the rezoning request, over and above existing regulations,
to satisfy public needs directly caused by the requested change; and
WHEREAS, Owners and Applicant acknowledge that certain conditions and restrictions are
reasonable to ensure appropriate commercial development and ensure adequate traffic
circulation and adequate public infrastructure to accommodate community commercial
development.
NOW. THEREFORE, in consideration of the mutual promises contained herein, the Applicant
and Owners agree as follows:
1. John and Frieda Rummelhart and Boyd and Rummelhart, Inc. are the owners and legal
title holders of the property located east of Waterfront Drive and the CRANDIC Railroad
right-of-way, legally described as follows:
A, South Portion of Frieda & John Rummelhart Tract: Commencing at a
point which is N87029'40"E, 237,4 feet from the Southwest Corner of
the Southeast Quarter, Section 15, Township 79 North, Range 6 West
of the 5th P,M,; Thence N87038'40"E, 715,05 feet along the South
Line of said Southeast quarter; Thence NOOo 17'OO"W, 363.30 feet;
Thence S89043'OO"W, 166.00 feet; Thence NOo017'OO"W, 99,94
feet; Thence S89041'OO"W, 230,37 feet to the Point of Beginning;
Thence SOOo 17'OO"E, 84,90 feet; Thence S89041'OO"W, 541,80 feet
to a point 14,00 feet normally distant from the Centerline of an existing
railroad track; thence N03 051 'OO"W, 85.00 feet to a point 14.00 feet
normally distant from said Centerline of railroad tracks; Thence
N89041'OO"E, 547,09 feet to the Point of Beginning, subject to
easements and restrictions of record,
B. Former Lewis Tract: Commencing at the Southwest Corner of the
Southeast Quarter of Section 15, Township 79 North, Range 6 West of
the Fifth Principal Meridian; Thence N87029'40"E along the South Line
of the Southwest Quarter of the Southeast Quarter of said Section 15,
237.4 feetto the POINT OF BEGINNING; Thence N08055'45"W, 60,00
feet; Thence S87029'40"W, 10,00 feet; Thence N08055'45"W,
112.00 feet; Thence S87029'40"W, 90.00 feet to a point on the
Easterly Right-of-Way Line of Waterfront Drive; Thence N45038'50"W
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along the Easterly line of Waterfront Drive, 123,87 feet to a point on the
East Right-of-Way line of the C.R,!' &P,R.R.; Thence N04000'10"W
along said East Right-of-Way line 152.44 feet; Thence N89041 'DonE,
542.14 feet to a point on the West Line of Boyrum Subdivision Part 2,
recorded in Plat book 24 at Page 12 in the office of the Johnson County
Recorder; Thence SOOo 17'00nE along said West Line, 393.62 feet to
the Southwest Corner of Lot 1 of said Boyrum Subdivision, Part 2;
Thence S87029'40"W along the North Line of Block 5, Braverman
Center, Parts 1 and 2, recorded in Plat Book 8 at Page 69 in the Office
of the Johnson County Recorder, 318.68 feet to the Point of Beginning.
and
Commencing at a point on the east line of the public highway known as
the Wapello Road, said point being 137.4 feet east and 112 feet
northerly measured along the east line of said road from the Southwest
corner of the Southeast Quarter of Section 15, Township 79 North,
Range 6 West of the 5th P,M., thence east parallel with the South line
of Section 15, 90 feet, thence in a northerly direction parallel with the
East line of said Wapello Road, 60 feet, thence West parallel with the
South line of said Section 15, 90 feet to the East line of said Wapello
Road, thence in a Southerly direction along the East line of said road 60
feet to the place of beginning,
C.
Former Baculis Tracts: Commencing at a point on the east line of the
public highway known as the Wapello Road, said point, being 137.4 feet
east and 60 feet northerly measured along the east line of said road,
from the southwest corner of the southeast quarter of Section 15,
Township 79 North, Range 6 West of the 5th P,M., running thence
northerly along the east line of said Wapello Road, 52 feet, thence east
parallel with the south line of said Section 15, 90 feet, thence southerly
parallel with the east line of said Wapello Road, 52 feet, thence westerly
to the point of beginning,
and
Commencing at a point on the south line of section fifteen (15) in
township seventy-nine (79) north, range six (6) west of the 5th P,M"
said point being on the east side of the public highway known as the
Wapello Road and being 137,4 feet east of the southwest corner of the
southeast quarter of said section 15, (said corner being marked by a
stone), thence east along the south line of said section 100 feet, thence
in a northwesterly directiori parallel with the east line of said Wapello
Road, 60 feet, thence west 100 feet to the east line of said Wapello
Road, thence in a southeasterly direction along the east line of said
Wapello Road 60 feet, more or less, to the point of beginning.
2.
Applicant and Owners acknowledge that the City wishes to ensure appropriate com-
mercial development and adequate traffic circulation, and therefore, agree to certain
conditions over and above City regulations to ensure that the area contains adequate
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public infrastructure and traffic improvements to accommodate community commercial
development.
3, In consideration of the City's rezoning the subject property from CI-1, Intensive
Commercial, to CC-2, Community Commercial, the Owners and Applicant agree that
development and use of the subject property will conform to the requirements of the
CC-2 Zone, as well as the following additional conditions:
a,
Waterfront Drive will be reconfigured and Stevens Drive will be extended across
the railroad to provide access to the property from the west, in accord with
plans and specifications approved by the Iowa City Public Works Department,
and the applicant will be responsible for the cost of the Stevens Drive railroad
crossing improvements in conformance with said plans, This crossing is to be
a public right-of-way. The City agrees to make a good faith effort to secure all
necessary permits and authorizations for construction and operation of same,
b.
The applicant will dedicate additional land to the City to allow the reconfigura-
tion of Waterfront Drive. In accord with Plans and Specifications approved by
the Iowa City Public Works Department, the applicant will be responsible for
the costs of reconfiguring and improving the portion of Waterfront Drive located
between the CRANDIC Railroad right-of-way and the subject property, inclusive
of the newly dedicated portion, as generally depicted on Exhibit A attached
hereto and incorporated herein,
c.
The Director of Planning and Community Development will approve a concept
plan for site layout and landscaping; including driveway locations, landscape,
islands, and plantings for the separation of the loading dock/service area from
any public or employee parking areas,
d.
The applicant will be responsible for the relocation of the sanitary sewer line (if
a building is sited over or within 10 feet of same) which currently crosses this
property, in accord with plans and specifications approved by the Iowa City
Public Works Department.
e. The applicant will contribute to the cost of improving Waterfront Drive to the
south of the site, in accord 'vvith plar;s and specifications prepared by the Iowa
City Public Works Department at either 50% of the total cost, or $60,000,
whichever is less. It is understood that storm water from the rezoned parcel
can be discharged into these improvements,
Applicant and Owners acknowledge that the conditions contained herein are reason-
able conditions to impose on the land under Iowa Code ~ 414.5 (1993), and that said
conditions satisfy public needs which are directly caused by the requested zoning
change,
Applicant and Owners acknowledge that in the event the subject property is trans-
ferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms
of this Agreement.
The Parties acknowledge that this 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 running with the title to the land unless or until released of record by the
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, 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 Applicant and Owners acknowledge that nothing in this Agreement shall be
construed to relieve the Applicant from complying with all 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.
Dated this III day of ...J)ut.""b/!-v ,1994,
-
CITY OF IOWA CITY,IOWA
By: &~~. ~;;t:-
Susan M. Horowitz, Mayor !.t.....:)
By: ~ 'I( .,e~
Marian ,K..llKilrr"City Clerk
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Y' ',{fU~t'~ ~.e1k
John and Frieda Rummelhart
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hn Rummelhart, Jr., Presidertf'
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STATE OF IOWA )
l ss:
JOHNSON COUNTY I
On this 1l day of ~ CY.j . , 1994, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared ::\o\-." ~"'''''''<'.\ \"~rt. ,.:!~. ,to
me personally known, who being by me duly sworn did say that he\she is the ?:....<.: rQ<?J;
of the corporation executing the within and foregoing instrument, that no seal has been
procured by the corporation; that said instrument was signed on behalf of the corporation by
authority of its Board of Directors; and that ':Tu"",,,, ~'-\.........\It-"..;:lras officer acknowledged
the execution of the foregoing instrument to be the voluntary act and deed of the corporation,
by it and by him\her voluntarily executed,
(~' ./~
Notary Public in and f r the State of low
STATE OF Io'l-ll\ )
) ss:
kU~AS COUNTY)
On this ~ )5.r day of -N D Ill' '" be (" , 1994, before me, the ndersigned, a Notary
Public in and for the State of Iowa, personally appeared . \l (.
me personally known, who being by me duly sworn did say that he\9fleo is the ; . l!t
of the corporation executing the within and foregoing instrumenh tl:l8t FIe Bcall,c" b~~n
pf6etlred by tke eeFJ36r5tiol'\; that said instrument was igned$\~&na~f of the corporation by
authority of its Board of Directors; and that I.I.S(,I\ uS as officer acknowledged
the execution of the foregoing instrument to be the voluntary act and deed of the corporation,
by it and by him\!:l&l:-volun arily executed,
:l~~~ MATlNA 0, ANDERSON
. ~.. MY ~~\~~~~PIRES
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STATE OF IOWA )
) ss:
JOHNSON COUNTY)
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On this L~ day of ~ bec,o",b~V' , 1994, before me, -SonJ,.....(
h;.,,-\- , a Notary Public in and for the State of Iowa, personally
appeared Susan M, Horowitz and Marian K, Karr, to me personally known, and, who, being
by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City
of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of
the corporation, and that the instrument was signed and sealed on behalf of the corporation,
by authority of its City Co~i1, as contained in Ordinance No, N-3b15 3 passed by the
City Council on the f,~ day of J'w...tnk4.r , 1994, and that Susan M.
Horowitz and Marian K. Karr acknowledged the execution of the instrument to be their
voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily
executed. '
...sl5Yldt,.p, rQ'('.qr
Notary Public in and for the State of Iowa
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STATE OF lCMA )
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a:x.m'Y OF JOHNSON )
On this t7 day of .N()<M.'M~ 1994, before 00, the
tmdersigned, a NoI:aty ~lic in an:i for the state of lema, personally
appeared John R. RuJrmilllart, Sr. an:i Frieda Rurranelhart, husban:l an:i wife, to
rre Jcncw to be the identical persons named in an:i who exeart:e:i the foregoirg
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ORDINANCE NO, 94-3654
AN ORDINANCE AMENDING TITLE 14, CHAP-
TER 6, ENTITLED "ZONING," OF THE CITY
CODE BY REVISING ARTICLE E, ENTITLED
"COMMERCIAL AND BUSINESS ZONES," SEC-
TION 2, ENTiTlED "NEIGHBORHOOD COM-
MERCIAL ZONE (CN-1I," TO ALLOW RESTAU-
RANTS AS PROVISIONAL USES OR BY SPE.
CIAL EXCEPTION WITH SPECIFIC RESTRIC-
TIONS, AND CAR WASHES BY SPECIAL EX-
CEPTION WITH SPECIFIC RESTRICTIONS IN
THE CN,1 ZONE.
WHEREAS, the intent of the CN-l zone is
that stores, businesses and offices in this zone
should be useful to the majority of the neigh-
borhood residents, should be economically
supportable by nearby population, and should
not draw community wide patronage; and
WHEREAS, restaurants 2,500 square feet or
less are most appropriately in scale with and
meet the intent of a neighborhood commercial
zone, and should therefore be allowed on a pro-
visional basis in the CN-1 zone; and
WHEREAS, restaurants larger than 2,500
square feet are better suited to more intensive
use commercial zones and as such may gener-
ate impacts requiring additional review and the
imposition of ameliorating conditions through
the Board of Adjustment special exception
review process; and
WHEREAS, to ensure that a variety of retail
and personal service businesses locate in the
CN-l zone, limitations should be placed on the
percentage of total ground floor area permitted
for restaurant uses in a CN-1 zone; and
WHEREAS, a car wash provides a desirable
service for a residential neighborhood, but
should be limited in scope and permitted only
by special exception to deter construction of
excessive amounts of parking and stacking
spaces or other large paved areas that diminish
the pedestrian orientation of the zone and dis-
place other allowed uses in the zone,
NOW, THEREFORE BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
SECTION I. AMENDMENT,
Title 14, Chapter 6, Article E, Section 2, enti-
tled "Neighborhood Commercial Zone (CN-1),"
of the City C~de be hereby amended by:
al Adding Section 14-6E-2C5, "Restau-
rants," to read as follows:
Section 14-6E.2C5, Restaurants,
provided the floor area does not exceed
2,500 square feet for anyone restau-
rant, and the total floor area allocated
to restaurant uses will not exceed 20
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Ordinance No, 94-3654
Page 2
taurant uses will not exceed 20 percent
of the total commercial floor area in a
CN-1 zone,
b) Repealing Section 14-6E-2D6, "Restau-
rants," and adding a new Section 14.6E.
2D6, "Restaurants," to read as follows:
Section 14.6E-2D6. Restaurants that
exceed 2,500 square feet in floor area,
except the total floor area allocated to
restaurant uses will not exceed 20 per-
cent of the total commercial floor area in
a CN.1 zone.
c) Repealing Section 14-6E-2D31 "Filling
stations," and adding a new Section 14-
6E-2D3, "Filling stations.'l to read as
follows:
Section 14-6E-2D3. Filling stations,
provided that no part of the filling station
site shall be located within 100 feet of an
R zone boundary. One-bay car washes
are allowed as an accessory use to a
filling station.
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 ad-
judged 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 unconstitu-
tional.
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' 13th day of
December;' 1994. -----
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ATTEST: ~....~~ ~
CITY~
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Ordinance No, 94-3654
Page 3
It was moved by Baker and seconded by
as read be adopted, and upon roll call there were:
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AYES:
NAYS:
ABSENT:
x
X
X
X
X
x
Novick
that the Ordinance
x
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
First Consideration
Vote for passage:
Lehman, Novick,
IV22/94
AYES: Throgmorton, Baker, Horowitz, Kubby,
Pigott. NAYS: None. ABSENT: None;
Second Consideration 12/6/94
Vote for passage: AYES: Baker, Horowitz, Kubby, Lehman, Novick,
Pigott, Throgmorton. NAYS: None. ABSENT: None.
Date published 1? 1?1/Q4
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ORDINANCE NO. 94-3655
AN ORDINANCE AMENDING TITLE 14, "UNI.
FlED 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 Soulhside 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 and welfare of the citizens of Iowa
City,
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Ordinance No, 94-3655
Page 2
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 D
facility system to accommodate new J
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 health, safety and
;~I welfare.
J, E, The increased need and demand for off-
(-"'Ii street parking created by new commer-
cial and new residential development in
\~i the Near Southside Parking Facility Dis-
~~ trict is reasonably and rationally related
iT 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,
! I sive economic development near the
downtown area, and at the same time
I minimizing the use of large land masses .
b
I'" for private parking lots,
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l( " F, The imposition of parking impact fees is
a reasonably and rationally calculable
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~',~'" method of ensuring that new develop,
ment bears a proportionate share of the
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Ordinance No. 94-3655
Page 3
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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 /MPACT 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
Southside 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, 94-3655
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-
cludes 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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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
Souths ide 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 deveiopment 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-B, 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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Page 6
B. 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%%) to users attrib-
utable to new residential development in
the Near Southside Parking Facility Dis-
trict; sixteen and two-thirds percent
(16M'o) to users attributable to new
commercial development in the Near
Southside Parking Facility District; and
fifty percent (50%) 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 ($4,000.00) 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.
D. In order that available land in the Near
Souths ide 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 (50%) of the parking spaces
otherwise required by the City Zoning
Ordinance for residential uses, The Cou-
ncil 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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Page 7
The Council further finds that the
commercial parking facility impact fee
shall be paid to reflect seventy-five per-
cent (75%1 of the parking spaces
required by the City Zoning Ordinance for
commercial uses, and may also be paid
in lieu of providing the remaining twenty-
five percent (25%) or any portion thereof
of the required commercial parking spac-
es 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 seid 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 m,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 the zoning ordinance for
commercial uses by seventy-five percent
(75%), and multiplying that product by
the per space parking facility impact fee
amount as expressed in the formula:
(CPS x ,751 CIF = reF
Where:
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CPS is the number of parking spaces
otherwise required by the Zoning
Ordinance for commercial uses;
CIF is the per space commercial
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%) 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 (31 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. 94-3655
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.
8. 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 (51 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-l0: PARKING FACILITY IMPACT FEE
RESTRICTED FUND:
A, Fund Established: There is hereby estab-
lished the Near Southside Parking Facility
District Impact Fee Restricted Fund.
8, 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. 94-3655
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 I
,
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:
rL'""". A. On-Site Parking Spaces:
1- Notwithstanding provisions of the
Zoning Ordinance which may be to
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dential parking facility impact fee
~
r. shall require the residential fee payor
I 'I' to provide no fewer than fifty per-
I' .
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Ii otherwise required for residential
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commercial impact fee shall entitle
the commercial fee payor to provide
! I I no more than fifty percent (50%) of
! I I the parking spaces otherwise re- i-
I~ I qui red for commercial uses on the
site.
2, Those parking spaces provided on-
: l ) site after payment of the parking
~..:-:/' :
r' facility impact fee shall:
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Ordinance No. 94-3655
Page 11
a. Be sized in accordance with the
prevailing proportionality re-
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 Neer Southside
Perking 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%) 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. 94-3655
Page 12
A, Residential development which consti-
tutes "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 not 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 13th day of
December, 1994. ----
, Approvel!3' .
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Page 13
AYES: NAYS: ABSENT:
x Baker
x Horowitz
X Kubby
x Lehman
, , x Novick
x Pigott
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x Throgmorton
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It was moved by Baker and seconded by Throgmorton that the Ordinance
as read be adopted, and upon roll call there were:
First Consideration 11/8/94
Vote for passage: AYES: Throgmorton, Baker, Horowitz, Novick,
Pigott. NAYS: Kubby, Lehman. ABSENT: None.
Second Consideration 11/22/94
Vote for passage: AYES: Horowitz, Novick, Pigott, Throgmorton,
Baker. NAYS: Kubby, Lehman, ABSENT: None.
Date published ,? /?'11/9/1
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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. ThV
Council furt r finds that this commercial
parking fa Jlity impact fee is reasona91y
and ratio ~lIy related to the incrjlaSed
off-street arking need or impa~Created
by said ne commercial deve)opment.
The total esidential parki (facility im-
pact fee re uired by this rticle shall be
calculated y multiply' g the number of
parking spa es other ise required by the
Zoning Ordi ance or residential uses by
fifty percent 5 Yol, and multiplying that
product by t per space parking facility
impact fee ount, as expressed in the
formula:
(R x .5) RIF = TRF
Whe :
E.
RPS is the number of parking
spaces othqrwise required by the
Zoning Ordirt nce for residential use;
RIF is th per space residential
parking facilit impact fee for resi-
dential uses; a d
TRF is the otal residential park-
ing facility imp ct fee required by
this Article.
(1978 Code ~32.1,11 I
The minimum total c merclal parking
facility impact fee requi d by this Article
shall be calculated by multiplying the
number of parking sp ces otherwise
required by the zoning ordinance for
commercial uses by seven y-five percent
(75%), and multiplying th t product by
the per space parking facili impact fee
amount as expressed in the ormula:
(CPS x .75) CIF = TCF
Where:
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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
/ rder in which they are collected.
3, In the event that bonds or similar
ebt instruments are issued for the
c nstruction of capital facilities for
w 'ch parking facility impact fees
are 0 be expended, monies heid in
the R stricted Fund may be used to
pay d ~serVice on such bonds or
~imilar ebt instruments, as capital
Improve ent costs.
4. Monies I the Restricted Fund may
be used t provide refunds as pro-
vided in Se tion 14-9A-9 hereof.
5. Monies in t e Restricted Fund shall
be used for e purposes enumerat-
ed herein, ex usive of all others a
shall remain inviolate within the
Restricted Fun ,
C. Annual Report Req ired: At I st once
each fiscal year th City anager or
designee shall presen to t City Council
an accounting of the e ricted Fund.
14-9A-11: PARKING FACI IES:
A. On-Site Parking Sp, ces'
1 , Notwithsta mg p ovisions of the
Zoning 0 inance hich may be to
the co rary, paym t of the resi-
den' I parking facili y impact fee
sP II require the reside tial fee payor
/0 provide no fewer t an fifty per-
cent (50%1 of the par ing spaces
otherwise required for residential
uses on the site, and pay nt of the
/1 commercial impact fee sh ~entitle
the commercial fee payor to ovide
/' no more than twenty-five pe cent
(25%) of the parking spaces other-
/ wise required for commercial uses
/1 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, 94-3656
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ORDINANCE AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," CITY CODE, BY REVISING
ARTICLE N. ENTITLED "OFF-STREET PARKING AND LOADING," AND ARTICLE E, ENTITLED
"COMMERCIAL AND BUSINESS ZONES," SECTION 7, ENTITLED "CENTRAL BUSINESS SUPPORT
ZONE (CB-5}," TO CHANGE THE REQUIRED NUMBER OF OFF-STREET PARKING SPACES FOR THE
CB-5 ZONE.
WHEREAS, it is the intent of the Iowa City City Council to require that commercial development
within the CB-5 zone provide sufficient off-street parking spaces; and
WHEREAS, the Zoning Ordinance currently states that for commercial uses in the CB-5 zone no
parking spaces are required but, if provided, a maximum of one parking space for every five hundred
(500) square feet of floor area shall be permitted; and
WHEREAS, the City Council has determined that one parking space per 1,200 square feet of
commercial floor area will help satisfy the demand for parking generated by commercial development.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. AMENDMENT, Title 14, Chapter G, entitled "Zoning," of the City Code be hereby
amended by:
a, Repealing Article N, entitled "Off,Street Parking and Loading," Section 14-6N-1, subsections
1.2,d.2, 1.2.f.2, 1.2,g.2, 1.2,h.2, 1.2.i.2, 1,2.1.3, 1.2,m.2, 1.2.n,2, 1.2.0.2, 1.2.p,2, 1.2.r.2, 1.2.1.2,
1.2.u,2; and subsection 1.4.a.2; and 1.5.f.2., reading "None required but, if provided, a maximum
of one parking space for each five hundred (500) square feet of floor area shall be permitted," and
adding new subsections 1.2,d,2, 1.2.f.2, 1.2.g.2, 1.2.h.2, 1.2.1.2, 1.2.1.3, 1.2.m.2, 1.2.n.2, 1.2.0.2,
1.2,p.2, 1.2.r.2, 1.2,t.2, 1.2.u,2; and subsection 1.4,a.2; and 1.5.f,2,to read as follows:
Subsection No.
Principle Use Zone Number of Spaces
Banks, savings and loan CB-5 One (1) parking space for each
institutions and credit un- twelve hundred (1200) square feet
ions, of floor area,)
Furniture, major appliance CB,5 One (1) parking space for each
and floor covering stores twelve hundred (1200) square feet
and repair shops. of floor area.)
Grocery stores and super- CB-5 One (1) parking space for each
markets, twelve hundred (1200) square feet
of floor area.)
Laundry and dry cleaning CB-5 One (1) parking space for each
establishments (coin oper- twelve hundred (1200) square feet
ated). of floor area.)
Laundry and dry cleaning CB,5 One (1) parking space for each
establishments and collec- twelve hundred (1200) square feet
tion stations, of floor area.)
Offices, CB,5 One (1) parking space for each
twelve hundred (1200) square feet
of floor area.)
Offices-clinics, CB.5 One (1) parking space for each
twelve hundred (1200) square feet
of floor area,)
Personal service business, CB,5 One (1) parking space for each
beauty parlors, barber twelve hundred (1200) square feet
shops, of floor area.l
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14,6N-11.2.f.2
14-6N-ll.2.g.2
14,6N-lI.2.h,2
14-6N-lI.2.i.2
14-6N-lI.2.1.3
14,6N-lI.2.m,2
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CB-5 One (1) parking space for each
twelve hundred (1200) square feet
of floor area.)
b. Repealing Article E, entitled "Commercial and Business Zones," Section 14-6E-7 entitled "Central
Business Support Zone ICB,5)," subsection F.1,c and adding new subsection F.1.c. to read as
follows:
c. Off-Street Parking Requirements: See Section 14-6N-1 of this Chapter,
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 after its final passage, approval and
publication, as provided by law,
Passed and approved this 13th day of
December I 1994. -
M'~~~S
ATTEST: ~-t ~
CITYctERK
Ordinance No. 94-3656
Page 2
Personal service businesses CB-5
(other than those listed).
Photographic studios. CB-5
Restaurant and establish, CB-5
ments dispensing food or
beverages for consumption
on the premises,
Retail stores and shops CB-5
(other than those listed).
Studios and stations, radio CB-5
and television.
Civic, cultural and historical CB-5
institutions.
Libraries, museums and art
galleries.
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One (1) parking space for each
twelve hundred (1200) square feet
of floor area,)
One (1) parking space for each
twelve hundred (1200) square feet
of floor area.)
One (1) parking space for each
twelve hundred (1200) square feet
of floor area.)
14-6N-11.2.0,2
14-6N-11.2.p.2
14-6N-11.2.r.2
One (1) parking space for each
twelve hundred (1200) square feet
of floor area,)
One (1) parking space for each
twelve hundred (12001 square feet
of floor area,)
One (1) parking space for each
twelve hundred (1200) square feet
of floor area,)
14-6N-11.2.t.2
14-6N-11.2,u,2
14-6N-11.4.a.2
14-6N-11.5.f,2
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Ordinance No. 94-3656
Page 3
Baker
that the Ordinance
It was moved by Pigot" and seconded by
as read be adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
x
x
Baker
Horowitz
x Kubby
X Lehman
Novick
Pigott
Throgmorton
x
X
x
First Consideration 11 /fl/94
Vote for passage: AYES: Novick, Pigott, Throgmorton, Baker, Horowtiz.
NAYS: Lehman, Kubby. ABSENT: None.
Second Consideration 11/22/94
Vote for passage: AYES: Horowitz, Novick, Pigott, Throgmorton,
Baker. NAYS: Kubby, Lehman. ABSENT: None.
Date published 12/21/94
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ORDINANCE NO.
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ORDINANCE AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING." CITY CODE, BY REVISING
ARTICLE N, NTITLED "OFF-STREET PARKING AND LOADING," AND ARTICLE E, ENTITLED
"COMMERCIAl: NO BUSINESS ZONES," SECTION 7, ENTITLED "CENTRAL BUSINESS SUPPORT
ZONE ICB-5)," T CHANGE THE REQUIRED NUMBER OF OFF-STREET PARKING SPACES FOR THE
CB-5 ZONE.
WHEREAS, it is the 'ntent of the Iowa City City Council to require t at commercial development
within the CB-5 zone p vide sufficient off-street parking spaces; and
WHEREAS, the Zoning Ordinance currently states that for comm rcial uses in the CB-5 zone no
parking spaces are require but, if provided, a maximum of one za ing space for every five hundred
(500) square feet of floor a a shall be permitted; and
WHEREAS, the City Cou il has determined that one par' g space per 1,200 square feet of
commercial floor area will help atisfy the demand for parking enerated by commercial development.
NOW, THEREFORE, BE IT OR AINED BY THE CITY COU IL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. AMENDMENT. Ti e 14, Chapter G, entitl "Zoning," of the City Code be hereby
amended by: ,
a. Repealing Article N, entitled " ff-Street Parking d Loading," Section 14-GN-1, subsections
1.2.d,2, 1.2,f.2, 1.2.g,2, 1.2.h.2, ,2.i,2, 1.2,1.3, I. ,m.2, 1.2.n.2, 1.2,0.2, 1,2,p,2, 1.2,r.2, 1,2.1.2,
1.2,u.2; and subsection 1.4.a.2; a 1.5.f.2., rea mg "None required but, if provided, a maximum
of one parking space for each five Ii ndred (50 square feet of floor area shall be permitted," and
adding new subsections 1.2,d.2, 1.2, ,2, 1.2, .2, 1.2,h,2, 1,2,1.2, 1.2,1.3, 1.2.m,2, 1.2.n.2, 1.2,0.2,
1.2,p.2, 1.2,r.2, 1,2.t.2, 1.2,u.2; and s bsec n 1.4.a.2; and 1.5,f.2.to read as follows:
One (1) par 'ng space for each 14-GN-11.2.g,2
twelve hundr d (1200) square feet
of floor area.)
CB,5 One (1) parking ace for each 14-GN-11,2,h,2
twelve hundred (1 001 square feet
of floor area.)
CB,5 One (1) parking spac for each 14-GN-11,2,i,2
twelve hundred (1200 square feet
of floor area,)
CB,5 One (1) parking space for ach 14-GN-11.2,1,3
twelve hundred (12001 squ re feet
of floor area.)
CB-5 One (1) parking space for each 14-GN-11,2,m.2
twelve hundred (1200) square fe t
of floor area,)
CB-5 One (1) parking space for each
twelve hundred (1200) square feet
of floor area,)
Principle Use
Banks, savings and loan
institutions and credit un-
ions.
Furniture, major appliance
and floor covering stores
and repair shops,
Grocery stores and super-
markets.
Number of Spaces
Laundry and dry cleaning
establishments (coin ope -
atedl.
Laundry and dry clea ng
establishments and lIec-
tion stations,
Offices,
Personal ervice business,
beauty parlors, barber
shops,
Subsection No.
14-GN-11.2.d,2
14-GN-11,2.f.2
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Ordinance No,
Page 2
Personal service businesses CB-5 One (1) parking space for each 14-6N-lI.2.o.2
(other than those listed), twelve hundred (1200) square feet
of floor area.)
CB-5 One (1) parking space for each 1 ~-6N-lI.2.p.2
twelve hundred (1200) square feet
of floor area.)
Restaurant and estab h- CB-5 One (1) parking space for each 14-6N-ll.2.r.2
ments dispensing food r twelve hundred (1200) square eet
beverages for consumpti of floor area.)
on the premises.
Retail stores and shops One (1) parking space 14-6N-lI.2.t.2
(other than those listed). twelve hundred (120
of floor area,)
Studios and stations, radio 14-6N-11.2,u,2 i
and television,
Civic, cultural and historical CB-5 14-6N-11.4.a,2
institutions,
Libraries, museums and art
galleries,
14-6N-11,5.f.2
Q
CB-5 0 e (1) parking space for each
ve hundred (1200) square feet
of fl or area,)
b, Repealing Article E, entitled "Com ercial d Business Zones," Section 14-6E-7 entitled "Central
Business Support Zone (CB-5)," subsectio F, 1 ,c and adding new subsection F, Lc. to read as
follows:
c. Off-Street Parking Require
eN 1 af tRi6-Gl=Ia
t-ta-Sestian 11
r atRer Hses iA tRa C8 Ii ZBAB. If ~arkiA~
, See Section 14-6N-1 of this
Chapter,
SECTION II. REPEALER All ordinances and parts of rdinances in conflict with the provisions of this
Ordinance are hereby r. pealed.
SECTION III. SEVER BILlTY. If any section, provision r part of the Ordinance shall be adjudged to
be invalid or unco titutional, such adjudication shall n t affect the validity of the Ordinance as a
whole or any sec 'on, provision or part thereof not adjudg d invalid or unconstitutional,
SECTION IV. EF. ECTIVE DATE, This Ordinance shall be in ffect after its final passage, approval and
publication, as rovided by law.
Passed an approved this
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ORDINANCE NO, 94-3657
AN ORDINANCE DESIGNATING AN AREA OF
THE CITY OF IOWA CITY, IOWA, AS AN
URBAN REVIT AUZA TION AREA WHICH SHALL
BE KNOWN AS THE NEAR SOUTHSIDE COM-
MERCIAL URBAN REVITALIZATION AREA.
,
,
WHEREAS, Chapter 404 of the Code of
Iowa (1993) permits the governing body of a
city to designate an area of the city as an
urban revitalization area if the area satisfies the
criteria set forth in ~404.1 of the Code; and
WHEREAS, the City Council of the City of
Iowa City, Iowa has determined that the area
within the City legally described below substan-
tially meets the criteria of ~404.1(4), Code,
and is an appropriate economic development
area as defined in ~403, 17, Code of Iowa:
Block 102 and 103 of Original Town;
O.L. 24 of S.J. Johnson Subdivision;
Block 2, Berryhill and Pierce Addition;
the east 170 feet of Block 101, Origi-
nal Town; the east 25 feet of the
north 130 feet of the west 150 feet
of Block 101, Original Town; Lots 2-
B, Block 5, Lyon's First Addition; the
west 91.70 feet of Lot 1, Block 19,
County Seat Addition and all of Lots
2, 3, and 4 east of Ralston Creek,
Block 20, County Seat Addition; and
WHEREAS, the City Council has determined
that the rehabilitation, conservation, redevelop-
ment, economic development, or a combination
thereof of this area is necessary in the interest
of the public health, safety and welfare of the
residents of the City of Iowa City, Iowa.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL FOR THE CITY OF IOWA
CITY, IOWA, THAT:
SECTION I. Pursuant to Chapter 404,
Code of Iowa (1993) and in consideration of
the recitations set forth above, the area legally
described below be and the same is hereby
designated as a revitalization area, which shall
be known as the Near Southside Commercial
Urban Revitalization Area:
Block 102 and 103 of Original Town;
O,L. 24 of S,J, Johnson Subdivision;
Block 2, Berryhill and Pierce Addition;
the east 170 feet of Block 101, Origi-
nal Town; the east 25 feet of the
north 130 feet of the west 150 feet
of Block 101, Original Town; Lots 2-
B, Biock 5, Lyon's First Addition; the
west 91.70 feet of Lot 1, Block 19,
County Seat Addition and all of Lots
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Ordinance No, 94-3657
Page 2
2, 3, and 4 east of Ralston Creek,
Block 20, County Seat Addition,
SECTION II. REPEALER, All ordinances
and parts of ordinances in conflict with the
provisions of this Ordinance are hereby re-
pealed,
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 pas-
sage, approval and publication, as provided by
law.
Passed and approved this 13th day of
December, 1994. ----
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pAYOR I J
ATTEST:~ oj(.,f~
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Ordinance No. 94-3657
Page 3
It was moved by Pigott and seconded by Lehman
as read be adopted, and upon roll calilhere were:
that the Ordinance
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NAYS:
ABSENT:
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Horowitz
X Kubby
Lehman
Novick
Pigott
Throgmorton
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First Consideration 11/8/94 ,
Vote for passage: AYES: Baker, Horowt'tz, Lehman, Novick, Pigott,
Throgmorton. NAYS: Kubby. ABSENT: None.
, ,
Second Consideration 11/22/94
Vote for passage: AYES: Lehman, Novick, Pigott, Throgmorton, ,
Baker, Horowitz. NAYS: Kubby. ABSENT: None.
Date published ]2/21/94
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ORDINANCE NO, 94-16'iR
AN ORDINANCE DESIGNATING AN AREA OF
THE CITY OF IOWA CITY, IOWA, AS AN
URBAN REVIT ALlZA TIONAREA WHICH SHALL
BE KNOWN AS THE NEAR SOUTHSIDE RESI-
DENTIAL URBAN REVITALIZATION AREA.
WHEREAS, Chapter 404 of the Code of
Iowa (1993) permits the governing body of e
city to designate an area of the city as an
urban revitalization area if the area satisfies the
criteria set forth in g04,1 of the Code; and
WHEREAS, the City Council of the City of
Iowa City, Iowa has determined that the area
within the City legally described below substan-
tially meets the criteria of ~404.1 (4), Code,
and is an appropriate economic development
area as defined in ~403,17, Code of Iowa:
County Seat Addition, all of Block 1;
Block 19, Lots 1-4, except for the
west 91.70 feet of Lot 1; Block 8,
Lots 5, 6, 7, and the west 60 feet of
the south 53,5 feet of Lot 4; all of
Block 9; all of Block 20 lying north
and west of Ralston Creek; all of
Block 12; and Block 11, Lots 1, 7,
and 8, the west 100 feet of Lot 6,
and the north 40 feet of Lot 2; and
WHEREAS, the City Council has determined
that the rehabilitation, conservation, redevelop-
ment, economic development, or a combination
thereof of this area is necessary in the interest
of the public health, safety and welfare of the
residents of the City of Iowa City, Iowa.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL FOR THE CITY OF IOWA
CITY, IOWA, THAT:
SECTION I. Pursuant to Chapter 404,
Code of Iowa (1993) and in consideration of
the recitations set forth above, the area legally
described below be and the same is hereby
designated as a revitalization area, which shall
be known as the Near Souths ide Residential
Urban Revitalization Area:
County Seat Addition, all of Block 1; Block
19, Lots 1-4, except for the west 91.70
feet of Lot 1; Block 8, Lots 5, 6, 7, and
the west 60 feet of the south 53,5 feet of
Lot 4; all of Block 9; all of Block 20 lying
north and west of Ralston Creek; all of
Block 12; and Block 11, Lots 1. 7, and 8,
the west 100 feet of Lot 6, and the north
40 feet of Lot 2,
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Ordinance No. Q4-1fi'iR
Page 2
SECTION II. REPEALER. All ordinances
and parts of ordinances in conflict with the
provisions of this Ordinance are hereby re-
pealed.
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 pas-
sage, approval and publication, as provided by
law,
Passed and approved this .l3th..-day of
December, 1994.
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,MAYOR ,"-,
ATTEST: ?l~~ ~
CITY CL RK
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Approved b~
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ty Attorney's Office 110v
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Ordinance No. 94-3658
Page .2..-
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It was moved by <rhrngmnrtnn and seconded by
as read be adopted, and upon roll call there were:
Klihhy
that the Ordinance
AYES: NAYS: ABSENT:
x Baker
x Horowitz ' .
X Kubby
x Lehman
1r Novick
x Pigott
;f x Throgmorton
First Consideration 11 /8/94
Vote for passage: AYES: Horowitz, Kubby, Lehman, Novick, Pigott,
Throgmorton,'Baker. NAYS: None. ABSENT: None.
Second Consideration 11/22/94
Vote for passage: AYES: Lehman, Novick, Pigott, Throgmorton,
Baker, Horowitz, Kubby. NAYS: None. ABSENT: None.
Date published 12/21/94
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ORDINANCE NO, 94-3659
AN ORDINANCE AMENDING TITLE 9, ENTI.
TLED "TRAFFIC" , CHAPTER 1, ENTITLED
"DEFINITIONS, ADMINISTRATION AND EN.
FORCEMENT OF TRAFFIC PROVISIONS," SEC-
TION 6, ENTITLED "APPLICATION OF PROVI.
SIONS" OF THE CITY CODE BY ADDING A
NEW PARAGRAPH APPLYING THE PROVI-
SIONS OF THE TRAFFIC TITLE TO
BICYCLISTS,
WHEREAS, it is the intent of the Iowa City
City Council to provide a safe environment for
drivers of vehicles and riders of bicycles upon
the city's roadways; and
WHEREAS, an ordinance applying the traffic
regulations to bicyclists would promote safety
upon the city's roadways by requiring bicyclists
to follow "the rules of the road"; and
WHEREAS, State law provides a similar
provision, so enactment of a City regulation
would enable the City to enforce said "rules of
the road."
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT. Title 9, entitled
"Traffic," Chapter 1, entitled "Definitions, Ad-
ministration and Enforcement of Traffic Provi-
sions," Section 6, entitled "Application of Pro.
visions" of the City Code be amended by add-
ing a paragraph to read as follows:
c. Every person riding a bicycle upon a road-
way shall be granted all the rights and shall
be subject to all of the duties applicable to
the driver of a vehicle by this Title, except
those provisions of this Title which by their
very nature can have no application.
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 not 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,
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94-3659
Passed and approved this 13th day of
December, 1994.
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MAYOR '-'.'
ATTEST:
CITY CL:
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City Attorn
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Ordinance No, 94-3659
Page .....L.
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It was moved by Kl1hhy and seconded by Pigott
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
x Baker
x Horowitz
X Kubby
x Lehman
x Novick
x Pigott
x Throgmorton
First Consideration 11/8/94 '
, .
Vote for passage: AYES: Kubby, Lehman, Novick. Pigott, Throgmorton,
Baker, Horowitz. NAYS: None. ABSENT: None.
"
Second Consideration 11/22/94
Vote for passage: AYES: Novick, Pigott, Throgmorton,
Baker, Horowitz, Kubby, Lehman. NAYS: None. ABSENT: None.
Date published 12/21/94
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ORDINANCE NO. 94-3659
AN ORDINANCE AMENDING TITLE 9, ENTI-
TLED "TRAFFIC", CHAPTER 9, ENTITLED
"DEFINITIONS, ADMINISTRATION AND EN-
FORCEMENT OF TRAFFIC PROVISIONS," SEC-
TION 6. ENTITLED "APPLICATION OF PROVI-
SIONS" OF THE CITY CODE BY ADDING A
NEW PARAGRAPH APPLYING THE PROVI-
SIONS OF THE TRAFFIC TITLE TO
ICYCLlSTS.
HEREAS, it is the intent of the Iowa City
Cit Council to provide a safe environment for
driv s of vehicles and riders of bicycles upon
the ci 's roadways; and
WHE EAS, an ordinance applying the traffic
regulatio s to bicyclists would promote safet
upon the c'ty's roadways by requiring bicycli s
to foil ow " e rules of the road"; and
WHEREAS State law provides a imilar
provision, so nactment of a City gulation
would enable t City to enforce s a "rules of
the road."
NOW, THEREFO E, BE IT OR AINED BY THE
CITY COUNCIL OF HE CIT OF IOWA CITY,
IOWA:
SECTION I. AMEND E T. Title 9, entitled
"Traffic," Chapter 9, e itled "Definitions, Ad-
ministration and Enfo ce ent of Traffic Provi-
sions," Section 6, e titled "Application of Pro-
visions" of the Ci Code b amended by add-
ing a paragraph 0 read as fo ows:
Every pers n riding a bicy Ie upon a road-
way shall e granted all the 'ghts and shall
be subj ct to all of the dutie applicable to
the dr' er of a vehicle by this itle, except
thos provisions of this Title wh h by their
ver nature can have no applicat n,
SEC ON II. REPEALER, All ordina ces and
par of ordinances in conflict with tH provi-
si ns of this Ordinance are hereby repe led.
ECTION III. SEVERABILITY. If any s tion,
provision or part of the Ordinance sh I be
adjudged to be invalid or unconstitutional, uch
adjudication shall not affect the validity of he
Ordinance as a whole or any section, provis n
or part thereof not adjudged invalid or uncons '-
tutional,
SECTION IV, EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage,
approval and publication, as provided by law,
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ORDINANCE NO.
~
ORDINA CE AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES,"
CHAPTE 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINE AND
PENALTIE "OF THE CITY CODE, TO INCREASE WASTEWATER SERVICE C ARGES
AND FEES IOWA CITY, IOWA,
WHEREAS, pursuant 0 chapter 384, Code of Iowa (1993), the City of Iowa ity is authorized to
establish and provide f the collection of rates to pay for the City's utility syste s, including the City's
wastewater treatment f cility system; and
WHEREAS, wastewater ra es, which were last increased in 1991, are roposed to be increased to
generate adequate revenues 0 pay the costs of operation, maintenance ecessary expansion and debt
service for the City's waste ter treatment facilities; and
WHEREAS, the City of Iowa Cit is required to comply with feder wastewater treatment standards,
and is planning to make impro ements to double the treat nt capacity of the existing South
Wastewater Treatment Pia nt, and to construct a sanitary sew r line to connect the two wastewater
treatment plants; and
WHEREAS, wastewater rates for fees and charges will f d these projects over time; and
WHEREAS, the Iowa City City Council p poses to inc ase wastewater user fees by 35% for billings
on or after March 1, 1995 and 40% for bi ings on or fter March 1, 1996 to finance for the necessary
improvements.
NOW, THEREFORE, BE IT ORDAINED BY T E ITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. AMENDMENT. Title 3, Chapter 4 ction 4, entitled "Wastewater Treatment Works User
Charges," of the City Code should be and is ere y amended by repealing Section 3-4,4 and enacting
in lieu thereof a new section 3-4,4 entitle "Wast water Treatment Works User Charges" to read as
follows:
3.4.4: WASTEWATER TREATMENT
Sanitary Sewer Service Charges'
Description of Fee, Charge, Bo d,
Fine or Penalty
Minimum Monthly Charge ( eludes the First
200 Cu, Ft. of Water Use
mount of Fee,
harge, Bond,
o e or Penalty
City Code
Chapter, Article or
Section Reference
3-1.95
3-1-96
Monthly Charge for Eac
of Water Used
Monthly Surcharge
BOD (per
,18
.25
.13
,18
19,1B 3-1-95
26,85 3-1-96
19.18 3.1-95
26,85 3.1-96
SS (peVdl
Monthly Minimum, Unmetered User
Manufactured Housing Park, Monthly Minimum
Per Lot
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Ordinance No,
Page 2
Sanitary Sewer S~rvice Charges;
Description of Fe ' , Charge, Bond,
Fine or Penalty
Delinquent Sanitar Sewer Service Account Fee
Deposit Fee for Combined City ater and/or Sani-
tary Sewer and/or Solid Waste lIection Accounts
Delinquency Deposit Fee for Combine
and/or Sanitary Sewer and/or Solid
tion Accounts
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Amount of Fee,
Charge, Bond,
Fine or Penalty
$5.00 for each
water service
account not
paid within 3
days of billi
date. Fee's
waived f r first
occurr ce in
each alendar
ye
City Code
C pter, Article or
ection Reference
14-3A-7
14-3A-7
$100.00
An amount
equal to twice
the average
month's billing
for the delin-
quent account
14-3A-5
SECTION II. REPEALER. All or inances and parts f ordinances in conflict with the provisions of this
Ordinance are hereby repeale ,
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SECTION III. SEVERABILI . If any section, provisio or part of the Ordinance shall be adjudged to
be invalid or unconstituti nal, such adjudication shall ot affect the validity of the Ordinance as a
whole or any section, pr vision or part thereof not adju ged invalid or unconstitutional.
SECTION IV, EFFECT E DATE, This Ordinance shall be it effect after its final passage, approval and
publication, to be co ected as set forth in ~ 14-3A-4, City ode,
Passed and appr ed this
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December 8, 1994
TO: City Council
FROM: Bruno Pigott and Jim Throgmorton
RE: Water and Sewer Options
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At Tuesday's public hearing, people suggested a variety of alternatives to the city's proposed
water and waste water treatment plants. The suggestions revolved around three main areas:
financing, timing of construction, and alternative means of treating water and wastewater.
When the Council passed the 40% rate increase for 1995, many councilmembers explicitly
Stated a desire to investigate all of these alternatives, which could possibly save money or
spread rate increases over a number of years. Although it is possible that none of the options
presented to the city council would improve the city staff proposal, it is important to let the
public know, in a public manner, that we are seriously examining individual options, as well
as effective ~ of proposals offered by citizens. Once those options have been
examined, it is equally important to let the public know why the proposals have been
accepted or rejected.
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To that end, we would request tlmt the appropriate departments create and publish in local
papers a schedule for investigating the proposals listed below, as well as others they feel
merit attention. Staff should report the results of its investigations to the city council within a
maximum of three months.
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Additionally, we should adopt a strategy for presenting the results of the staffs new research
to the public, The strategy should give the public an opportunity to respond prior to the city
hosting another public hearing. The presentation of the research should not merely be a
"sales pitch, " but it should consist of a public forum for discussion only, a series of televised
call-in shows, private conversations with people who have raised the issues, and a special
televised council meeting which focuses exclusively on our reply to the public.
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Below are the recommendations made by the public.
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Page Two
SEWERAGE
Two main suggestions were offered regarding the sewemge improvements:
. Phil Thompson recommended that we investigate the possibility of combining
diffusers with breakpoint chlorination, which according to Phil's calculations,
might save $7-11 million over the next 12 years. A variation on this sugges-
tion is that we combine diffusers with breakpoint chlorination, flow variable
limits, and daily sampling of our ammonia discharge (rather than 16 days per
month).
.
Ed Barker proposed that we defer construction for two years and then finance
construction with a series of rather modest rate increases.
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WATER
Several suggestions were mised regarding the water plant:
.
Vincent Neary proposed that the city employ a Aquifer Storage Recovery
(ASR) system and aggressive water efficiency measures to reduce needed
treatment capacity.
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Ed Barker urged the city council to phase in construction of the water plant
and financing.
. Combining an ASR system with total reliance on well water and a pay-as-you
go strategy should be investigated as well.
.
Ed Barker and others exhorted the city council to negotiate a new and more
flexible schedule with DNR (without negotiating more lenient standards).
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FINANCING
In addition to offering ideas regarding the construction of the water and waste water treatment
plants, many people suggested alternative methods of financing the construction of water and
wastewater plant improvements. The proposals for alternative financing were often combined
with suggestions in construction.
. A Tom Slockett guest opinion in the press Citizen called for a "pay-as-you-go"
financing plan.
. Ed Barker suggested gradual rate increases until the year 2000 combined with a
deferred construction schedule.
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Page Three
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. Many people suggested that we rely on a sales tax to rely on part or all of the
water improvements. We have not analyzed the fairness of that tax relative to
water user fees. We suggest, therefore, that the staff estimate the distributional
consequences of the two forms of payment; that is, to estimate what fraction of
household income each income class would pay as a result of the alternative
forms of funding.
. We have already asked the staff to develop a draft tap-on fee for both sewer
and water and we would like to have it included in the staffs overall investiga-
tion of alternatives.
Did we miss any important alternatives? If so, they should be incorporated into the list as
well. To reiterate, the point is not to tell staff what to conclude, but to demonstrate to the
public that we have heard from them and are taking their recommendations seriously.
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Ordinance No,
Page 2
Water Service Charges (14.3A-4) Meter Size March 1, 1995
(lnchesl Chame
Minimum monthly user charges 6/e $ 6,57
for water service for the first 200 % 7.19
cubic feet or less of water used, 1 8.49
based on meter size 1% 16,93
2 22,75
3 42,04
4 73.35
6 147,62
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The minimum charges for larg r meters will be based on comparative costs to a 6" eter. The
minimum monthly charge for an ccount holder who furnishes and maintains the mete at the account
holder's cost will be based on the minimum for a 6/e" meter, regardless of the size
There will be no minimum monthly harge for a single-purpose water meter fr November to March
for those months during which no w ter is used,
Single-purpose meter charges f9( water
;0 """ 0' 20Q ro, '76mh
..1eturned checklautomatic bank debit
/ payment of water services
/ Discount for combined accounts enrolled ~
sure pay, per billing \
d. Rep9eiing the subsection entitled "Direct Purchase of Water Fee, Per 200 Gallons or Fraction
Tl}Breof" in Section 3-4-3 and adding a new subsection entitled "Direct Purchase of Water Fee,
Per 200 Gallons or Fraction Thereof" to read as follows:
Direct Purchase of Water Fee, Per 200 Gallons or
Fraction Thereof (14.3A.4C)
Monthly user charges for water in
excess of 200 cu. ft. per month for
dual purpose water meters
Monthlv
Usage
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Next 2,800
$1.54
1.10
1.10
March 1, 1995
Charqe
$1,54
$10,00
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A Public Opinion Poll Concerning Water Quality in Iowa City
November 1994
Justin Me Bride
Cally Burld~ "
44:127 Fall 1994
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Introduction
Any resident ofIowa City becomes aware of the varying opinions ofIowa City
water, Iowa City water is unacceptable to some for a wide variety of reasons, for others
Iowa City water is no different than any other, In learning about issues of water quality
and policy this semester, we became interested in the opinions ofIowa City residents
about their water. This interest led us to conduct a public opinion poll ofIowa City to
fulfill requirements for our final paper assignment. We felt this choice was timely as water
quality comes to a forefront ofIowa City politics, with the debate over a new water
treatment plant raising many eyebrows, We conducted our survey between the dates of
November 20th and December 1st.
Purpose
Our intentions for conducting this survey stem from a desire to be exposed to
opinions about water quality in Iowa City outside the arena of a college level
environmental studies class. Many times, a class-room setting (especially those in the
Geography Department) contain only one point of view, In class discussions have left out
the actual persons affected by many of the quality and policies we discuss, the local tax
payers and residents ofIowa City who may not be environmentalists. Very rarely does a
classroom discussion at the University ofIowa involve an actual longtime, taxpaying
resident ofIowa City, An average students' tenure is transitory, with little concern for
local government and long term consequences, This is due to the fact that a four to five
year stay does not warrant such action, It is our intention with this study to examine what
public opinion ofIowa City is, regarding water quality in a realm more far reaching than
the classroom,
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Methods
Our first order of business was to create a list of subjects from which we could
formulate questions, Subjects included monthly water bills, taste and smell of water, child
concerns vs. adult concerns, household size(number of persons), rent or ownership of
house, etc, From these subjects we formulated seventeen simple, yet direct questions for
our questionnaire, We organized these questions into two sections, the first designed to
give us an idea of opinions as to the quality of the Iowa City water system, Most of these
were ratings on the scale of one to five, The second section was designed to give us an
idea of the number and age spans of the persons living in the household, After we drew
up our final questions, we discussed how we were to conduct the survey, It was decided
that a drop off mailing would be most beneficial observing time and financial constraints.
Hence, we took our final questionnaire to the University ofIowa survey department for
review, Our survey was examined for clarity, content and form, Content and Clarity were
found to be excellent, while some minor changes were suggested in the fomlat of our
questions, We adjusted the format accordingly and proceeded to produce two hundred
copies of both our questiolmaire and cover letter outlining our intentions. These were
then placed into an envelope with a stamped address envelope and return address of Justin
Mc Bride, A copy of the questionnaire and cover letter are enclosed in the appendix,
Our next task was to decide upon a proper distribution of our survey, Although
the city limits ofIowa City are quite angular, the actual layout of the city is nothing short
of blob -like, Because of this, we could not simply lay a grid upon the city and distribute
our survey accordingly, We felt it necessary to cover all portions of the city with equal
attention in order obtain viable results, We chose ten streets running North-South evenly
distributed throughout the city in such a way that all parts ofIowa City would be
represented and the survey would be fairly distributed, These streets were selected to
represent northern sections of the city, southern sections, older parts of the city, newer
developments, and both east and west sides of the river. The ten streets chosen were:
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Willowbrook Lane, Dover Street, Wild Green Road, Emerald Street, Broadway, Prairie
Du Chein Road, Lucas Street, 1st Avenue, 7th Avenue, and 5th Avenue, We distributed
the surveys by hand, twenty per street, on the night of November 20th..
Data-Results
Analysis of Returns by Street with Return Pel'centage
(as ofDec. 1)
Willowbrook Lane = 12/20 60%
Dover Street = 10/20 50%
Wild Green Road = 5/20 25%
Emerald Street = 11/20 55%
Broadway = 9/20 45%
Prairie Du Chein Rd = 12/20 60%
Lucas Street = 11/20 55% r
7th Avenue = 13/20 65%
5th Avenue = 12/20 60%
1st Avenue = 11/20 55%
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Total =106/200 53%
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Note: Some of the following responses will not reflect exactly 106 responses. Four
questionnaires were omitted from the final data set as two were returned uncompleted,
and two were not completed adequately enough to compare them with the other
responses, Also some of the questions, number 9 for example, gathered more than one
mark from many of the respondents,
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Breakdown ofData by Individual Questions
I ,How would you rate the taste ofIowa City water you drink?
Excellent-I= 3
2=2
Fair-3= 33
4=20
Poor-5= 38
2,How would you rate the overall quality of the Iowa City water you drink?
Excellent-I = 3
2=7
Fair-3= 38
4=28
Poor-5= 27
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Too expensive-I= 39
2=38
Perfect.3= 22
4= 1
Not Enough-5= 0
4.How would you rate the need for a new water treatment plant for Iowa City?
Very strong need-I= 35
2=25
indifferent-3= 26
4= 10
Very little need-5= 9
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5,Do you use a filtering system other than a water softener in you household?
Yes=25 No=75
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6,Do you purchase bottled water to drink?
Yes=44 No=56
Do you cook with bottled water?
Yes=21 No=73
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7,How much more per month would you be willing to pay for cleaner, safer water?
34=Less than $5
40= $5.$10
15= $10-$15
7= $15-$20
3= $20 or more
8,Do you feel that other municipal water systems have a higher quality of water as
opposed to Iowa City?
Yes=66 No=24 No response=6
9. In you opinion, is drinking water quality (in general) a problem on the..,
Locallevel= 44
State level= 27
Nationallevel= 27
Intemationallevel= 41
10,How many persons live in your household on a permanent basis?
Zero = 1
1-2 = 59
3-5 = 41
5-7 = 0
over7=0
11. How many adults live in your household?
1-2 = 89
3-5 = 13
5-7 = 4
over 7 = 0
12. How many children live in your household?
Zero = 70
1-2 = 19
3-5 = 5
over 5 = 0
13, Of these children, how many are between the ages of...
Zero to 1 = 14
1 t03= 10
3t07=11
7 to 15 = 23
above 15 = 5
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14, How many years have you lived in Iowa City?
1t05=25
5 to 10 = 16
over 10 yrs, = 54
IS, How many years have you lived at your current residence?
1 to 5 = 58
5 to 10 = 14
over 10 yrs, = 29
16, Do you feel that children are at a greater risk than adults from contaminated drinking
water?
Yes = 64 No=27
17, Do you feel that the City ofIowa City should spend 40 million dollars on a new well
field to reduce the amount of river water used and to insure safer, more clean water to
Iowa city?
Yes = 34 No=54
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At the end of our questionnaire, we invited comments, To our surprise, many
persons took this opportunity to lend their views on the water situation. Some of these
were well, thought and well written, while some were not. We felt that it is appropriate
to list some of these comments here, To read all of the comments, the actual returns are
available.
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"We older people who live on a fixed income and want to stay on our homes, It is
almost impossible with everything going sky high, We aren't getting any more money and
our expenses are all more all the time,"
"We need safer, cleaner water, but I would like the city to find alternative sources
of revenue, We have difficulty meeting our water bill now, I don't know how we'll meet
the increase in rates. Other cities manage to provide better, cleaner, safer water at rates
far below ours, Why the city ofIowa City can't do it needs to be clarifies and explained to
the public,........I fully intend to contact Bruno Pigott and Karen Kubby, to discuss our
feelings, However, since the water quality improvements are mandated by the federal
government, I predict that the rate increase proposal will pass as planned,"
"I resent having to pay higher than average fees for municipal water and not being
able to feel comfortable drinking it. I regularly buy bottled water for cooking and drinking
because tap water tastes terrible and is frequently not fit to drink. (note: I have been
pregnant in the last year and now have and infant,) lam somewhat skeptical about the
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safety of bathing and showering Iowa City water, I'd Like to know what residual
pesticides and herbicides in the water are absorbed by our skin."
"If people don't like the current water, they can purchase bottled water, The
council is acting on their own to overspend and annex more ground than needed to build a
park and soccer fields, It should be a separate issue, The tail is wagging the dog,"
"There are a number of inexpensive alternatives more disgusted with the process,
of the development of the new plant decisions were made before real public input."
"Our water problems will not be solved only curtailed by a more sophisticated, and
overly expensive purification system, The source of the contamination must be dealt with
to preserve human life on planet earth,"
"The old water plant i~ OK Its what happens to it before it gets there. Why add
chemicals to get rid of chemicals. If a new well was due, what if it got contaminated?
Lots of money for a contaminated well,"
"I am horrified that I even have to bathe in this over-chlorinated, polluted water.
Yes, I know I sound like an extremist, but water quality ~ vital to public health,"
"Not to complain, but I will....when I arrived in Iowa City, I was in perfect health,
After about a month I got a urinary tract infection that eventually went to my kidneys,
Prescription drugs did not help, it was only when I Completely stopped using Iowa City
water did my illness cease also. Come on, this is the Midwestl! How is it that New York
City can have better water?"
"By the time it's built and functioning, it (new water plant) will be obsolete due to
newer federal regulations, Also, I've been told a large portion of the money will be used
to develop the park around the plant and we don't need another park in this town, Also,
this city council is pretty much a bunch of idiots,"
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The results both surprised and enlightened us as we initially figured a return of
about 75 out of200 mailed surveys. We were also informed from the University ofIowa
Survey Department, that a fifty percent return was the norm, However, we were
fortunate enough to receive one hundred within the first week at which time we began our
analysis, Since December first, we have received over twenty more returned surveys,
These are not included in the data set since they are received to late, but we have included
them with the others retumed,
The fact that we have received an outstanding return percentage (over 60%) is a
reflection of the amount of public concem on this topic. Timing was also key on this issue
and poll results were timed perfectly. During the time we sent out the mailer from
November 20th to November 24th, the Iowa City Press Citizen had three front page
articles dealing the city council and proposals for the new water plant. Headlining titles
included, "Troubled Water," " Water Plant Battle Still Steaming," and "Water Rule Not
Likely to be Cut." It is obvious that these articles had an impact on public response to our
poll. We received few returned questionnaires on Monday, November 22nd and there was
nothing in the paper. However, on Tuesday we received over thirty responses from our
survey, This would have been in response to Monday's Press Citizen article on the water
plant issue, Although we cannot directly attribute the number of responses received to the
newspaper articles, it became evident that many of the respondents were influenced by
these, Our surveys contained no questions referring to the city council directly, only the
city ofIowa City, yet a good number of the written comments dealt with or made
reference to the city council. We did not record the number of responses, but the days
average were between 15 to 20 per day until we started our analysis, These newspaper
articles are included in the appendix,
In reference to the actual question responses received, we found very interesting
answers, In general, most numbers reflected our expectations with a general discontent
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feeling for Iowa City water and related services, Two questions that sparked our
attention, were number 9 and number 17, For question 9 we expected a single response in
the four blanks provided, while often we received up to four checks, This lead to nearly
an identical number of persons feeling that drinking water quality is a problem on both the
local (44 responses) and international (41 responses) levels, We had not indicated that
only one response was desired, and we received many with all four blanks marked, A
second question whose response was surprising was the final question, number seventeen,
After sending out the questionnaire, we felt that perhaps this was a poor question, Many
persons did not respond in the way in which we expected, 95% of those polled felt that
their drinking water was fair to poor, yet only 34% were willing to spend $40 million for a
new well field to perhaps improve this quality, This figure is well below the $90 million
price tag for the new Iowa City water treatment plant and adjoining improvements, Many
replied with their own altematives to spending so much for a new facility. Numerous felt
that river water was still safer to use, just that it needed to be put through more rigorous
filtration and purification processes, Reviewing the reposes as a whole solidified our
general suspicions about Iowa Citians and their view of the drinking water, Most
everybody is not satisfied with either the rates that they pay, and they are rather tight-
fisted when it comes to paying for changes to the water systems, As far as these results
being a fair representation of opinion in Iowa City, we feel that our returns were very fair,
Distribution was done without any bias, and since the questionnaires were anonymous,
there was no room for any type of personal bias either,
Being on the reviewing side of the survey, we both agreed that two trends struck
us highly unexpected in our results, The first one being, the number of intelligent, well
thought out responses to the questionnaire, The number of retumed questioners with long
critiques, suggestions, and comments about not only the water issues brought up in the
questionnaire but the proceedings with the water treatment plant was astounding, We felt
that we were to be considering ourselves lucky for receiving so many returns, let alone the
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gold mine of the large number of comments, The number and types of comments were
highly rewarding in our position as pollsters, but this was surpassed by the reaffirmation
that environmental consciousness is still alive. People desire safe drinking water and they
are aware, and educated as to the problems surrounding water quality issues, Secondly,
we did not predict the comments on the later pages to be so politically oriented. Many
wrote about the Iowa City council and the process of funding a new water plant in an area
where water and sewage rates are already costly. The comments listed specific names
working with the council as well as other suggestive alternatives, Overall, feelings are
negative toward the city council and water management planners. This also maybe to due
to the fact that the city council neglected to hold public forums previous to drawing up a
water plan, In class we have focused on scientifically oriented policy cases along with
some policy at the state or national level. Iowa City is an example of unfounded Federal
mandates affecting local taxpaYing citizens, each with differing opinions and feelings,
In conclusion, we were very pleased with the results and written comments that
our poll garnered, As novice pollsters, it is difficult to design a proper questionnaire to
obtain the exact results desired from your target audience, However, our survey was not
constructed to provide a concrete answer to a specific questions, In the future, with
knowledge gained from this undertaking, we could design for a more narrow focus, The
entire process was a learning experience as we discovered that is takes more than
precooking good questions to a make a good survey, In this we were also reaffirmed with
the knowledge that science, technology and lawmakers must work to together to provide
efficient and effective water quality,
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ORDINANCE NO,
ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXA ON AND FEES,"
CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, B NDS, FINES AND
PENAL ES" OF THE CITY CODE, TO INCREASE WATER SE ICE CHARGES AND
FEES IN OWA CITY, IOWA.
WHEREAS, pursu t to chapter 384, Code of Iowa (1993), the City of Iowa City is authorized to
establish and provi for the collection of rates to pay for the Cit',\ s utility systems, including the City's
water treatment faci 'ty system; and
WHEREAS, water rates, which were last increased in 1991 are proposed to be increased to generate
adequate revenues to pa the costs of operation, mainten nee, necessary expansion and debt service
for the City's potable wat r supply and treatment facili 'es; and
WHEREAS, the City of Iowa ity is required to compl with federal safe drinking water standards, and
is planning to construct a ne water supply and tr atment facility; and
WHEREAS, water rates for fees nd charges wil fund this major project over time; and
WHEREAS, the Iowa City City Cou cil propos s to increase water user fees by 40% for billings on or
after, March 1, 1995 and 75% for bil'ngs on r after March 1, 1996 to finance the necessary improve-
ments; and
NOW, THEREFORE, 8E IT ORDAINED Y THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. AMENDMENT, Title 3, C apte 4, Section 3, entitled "Potable Water Use and Service,"
of the City Code is hereby amended y:
b, Repealing the subsection ntitled "Single-Pur se Meter Fee" in Section 3A-3 and adding a new
section entitled "Single- urpose Meter Fee" to ead as follows:
e Meter Fee (Nonrefundable)
Meter Size
(Inches)
DefJosit
1%
$ 65,00
93,00
124,00
265,00
364,00
1,331,00
2,583,00
2"
4"
6"
c, Repeal ng the subsection entitled "Water Service Charges" in Section 3-
secti entitled "Water Services Charges" to read as follows:
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Monthly user charges for water in
excess of 200 cu. ft. per month for
dual purpose water meters
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Next 17,000
Over 20,000
Month/y
Usage
ICu, Ft.)
Over 200
March 1, 1995
Chame
$1.54
1.10
1,10
Returned check/automatic bank debit for
payment of water services
Discount for combined accounts enrolled in
sure pay, per billing
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Ordinance No,
Page 2
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Water Service Charges (14-3A-41 Meter Size March 1, 1995 March 1, 1996
(Inches/ Chame Chame
Minimum monthly user c rges 6fe $ 7.42 $ 13,00
for water service for the fir t 200 % 8,12 14,20
cubic feet or less of water us d, 16.80
based on meter size 1% 33.42
2 44,98
3 83,06
4 144,90
6 291.66
The minimum charges for larger meters 'II be based 0 comparative costs to a 6" meter, The
minimum monthly charge for an account hol r who furn' hes and maintains the meter at the account
holder's cost will be based on the minimum f a 6fe" ter, regardless of the size,
I
There will be no minimum monthly charge for a 'n e"purpose water meter from November to March
for those months during which no water is used,
Single-purpose meter cha ges for water
in excess of 200 cu. ft, er month
d, Repeali the subsection entitled "Direct Purchase of Water Fee, Per 2 0 Gallons or Fraction
Thereo " in Section 3-4"3 and adding a new subsection entitled "Direct P chase of Water Fee,
Per 2 0 Gallons or Fraction Thereof" to read as follows:
Direct Purchase of Water Fee, Per 200 Gallons or
Fraction Thereof 114-3A-4CI
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March 1, 1996
CharQe
$2,70
o
1.94
1,94
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March 1, 1996
Charae
$2,70
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Ordinance No.
Page 3
e. Repealing the subsection entitled "Delinquent Water Service Account'-' in Section 3-4-3 and
adding a new subsection entitled "Delinquent Water Service Accou t Fee" to read as follows:
Delinquent Water Service Account Fee 114-3A-7)
\.
5,00 for ach water service
accou not paid within 30
days f billing date, Fee is
wa' ed for first occurrence in
e ch calendar year
f. Repealing the bsection entitled "Installation and Co nection Fees portion of Fees and Charges
for Various Con umer Services" in Section 3-4. and adding a new subsection entitled
"Installation and C nnection Fees portion of Fees nd Charges for Various Consumer Services"
to read as follows:
Cost (Per Linear Footl
$18,00
20,00
24,00
29.70
39,40
g, Repealing the subsection en tied "Fee and Charges for Various Consumer Services in Section
3+3 by adding a new su ection entit d "Fees and Charges for Various Consumer Services"
to read as follows:
h, Repealing the subs ction entitled "Service F es portion of Fees and Charges for Various
Consumer Services' in Section 3-4-3 and adding new subsection entitled "Service Fees portion
of Fees and Charg s for Various Consumer Servi s" to read as follows:
Service Fees
Fee During Norma
Working Hours
Fee After Normal
Working Hours
Reconnection of iscontinued
service
$15,00
$25,00
Inspection and removal fee for
disconnecting and removing a
single-purpos water meter
$15,00
Service for esetting or reading
water met or for re-starting
service /
Posting fee for shutting off water
in collection procedure
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$15,00
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$30,00
Not done after normal
orking hours
Not done after normal
working hours
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Ordinance No,
Page 4
Check leaky water meters
,
Shut-off of wa r service at curb
and check for e erior leaks
Broken hydrant
Location of water mai
utilities
Location of City owned w
for private enterprise
Check water meter accuracy a
consumer's request
Annual fire hvdrant fee for inspec-
tion and operation of fire hvdrants
which are privately owned or
owned by other governmental
agencies
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Fee During Normal
Working Hours
No charge
$15,00, plus cost of
meter repair
No charge
Repair cost
No charge
No charge
$35,00
If meter s found to be
record' g accurately
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Fee After Normal
Working Hours
No charge
$ ,00, plus hourly rate
r time over 2 hours
$30,00, plus repair"
No charge
$30,00, plus hourly rate
for time over 2 hours
Not done after normal
working hours
Not done after normal
working hours
If service is requested outside nor I worki hours, a $30,00 after-hour fee shall be charged in
addition to the normal working hour ee, In ad 'tion, when service time after hours exceeds 2 hours,
an additional charge will be added cover equip ent expense and actual employee wages, including
overtime, The Water Service Div' ion's normal rking hours are 8:00 A,M, to 4:30 P,M, daily,
SECTION II. REPEALER, All or inances and parts 0 rdinances in conflict with the provisions of this
Ordinance are hereby repeale ,
SECTION III. SEVERABILlT , If any section, provision part of the Ordinance shall be adjudged to
be invalid or unconstitutio ai, such adjudication shall no affect the validity of the Ordinance as a
whole or any section, pro ision or part thereof not adjudge invalid or unconstitutional.
SECTION IV, EFFECTI\!' DATE. This Ordinance shall be in effe t after its final passage, approval and
publication, to be coli ted as set forth in ~ 14.3A.4, City Code,
Passed and approv d this
MAYOR
I
ATTEST:
CITY CLERK
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