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Home My WebLink About1989-03-21 Ordinanceqaa rn-RMI-Wral AN ORDINANCE AN DIING THE ZONING ORDINANCE BY C11MCING TIE USE REGIAATIO6 OF CERTAIN 11nPM LOCATED SOM OF PRAEN VIER DRIVE RB FJST OF KRI N TREK BOIILEVARC IN TY'N CAE RUDIVISIM. WUEAS, the subject properly is part of Ty'n Cae Subdivision located east of ibrTm Trek Boulevard and is currently zoned TDI -8; and WIEREAS, the Comprehensive Plan for the City of Iowa City shows Residential lad use at a dasity of 2-8 dwelling units per acre in the area containing the subject property; and i1ERFAS, existing development located in the reminder of Ty'n Cae Subdivision is detaded and attached single-family residential uses conpatible with medium density single-family residential uses shown in the Comprehensive Plan; and WIEREAS, medium density sirgle-fanily residential uses are now the most appropriate use for the subject property. NOW,RUUM, BE IT ORDAINED BY THE CnY WKIL OF THE CITY OF TOM COY, TOM, TNAT: SECTION I. ZONING PAEN?QNT. The prq" dw1bed below is hereby reclassified from its present classification of FD1-8 to RS -8: See Attachment A. SECTION II. ZONING W. The Building Inspector is hereby authorized and directed to change the zoning W 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. SECTIO! TNI, CERTIFICATION ANNA RMUN. The City Clerk is hereby authorized and directed to catify a copy of this Ordinance vhich shall be recorded at the Office of the Canty Recorder of Jdrsm County, Iowa, myon final passage and publication as provided by law. SECTION IV, REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION V. SEVERABILTTY. If my 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 vhle or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DOTE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. #*;9 Ordinance No. Page 2 Passed and approved this VAYCR ATTEST: CITY CLEW Approved as to Form It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco Balmer Courtney Horowitz Kubby Larson McDonald First Consideration Vote for passage: Second Consideration Vote for passage: Date published LEGAL DESCRIPTION Z-8901 Lots 39, 40, 41, 42, 43, 46, 47, 48 and 49 of Ty'n Cae Subdivision, Part Three, as recorded in Plat Book 24 at page 18 of the Records of the Johnson County Recorder's Office, and a parcel of vacated excess right-of-way of Mormon Trek Boulevard, said lots and vacated right-of-way having a perimeter description as follows: Beginning at the Southeast Corner of the Northeast Quarter of the Northwest Quarter of Section 20, Township 79 North, Range 6 West, of the 5th Principal Meridian, said corner also being the Southeast Corner of Lot 41 of said Part Three; thence N 8901037" W, 490.84 feet along the south line of the Northeast Quarter of the Northwest Quarter of said Section 20, to a point on the Northeasterly right-of-way line of Mormon Trek Boulevard, said point being 40.00 feet normally distant, Northeast, from the center line of Mormon Trek Boulevard; thence N 34013105" W, 458.38 feet along said right-of-way line to its intersec- tion with the Southeasterly right-of-way line of Gryn Drive; thence N 55046155" E, 46.04 feet along the Southeasterly right-of-way line of Gryn Drive; thence Northeasterly, 81.27 feet along said right-of-way line on a 200.00 foot radius curve, concave Northwesterly, whose 80.71 foot chord bears N 44008'27" E; thence N 32030100" E, 4.56 feet along said right-of-way line; thence Northeasterly 23.56 feet on a 15.00 foot radium curve, concave Southeasterly, whose 21.21 foot chord bears N 77030'00" E; thence S 57030'000 E, 145.00 feet along the Southwesterly right-of-way line of Plaen View Drive; thence Southeasterly 40.95 feet along said right-of-way line, on a 150.00 foot radius curve, concave Northeasterly, whose 40.82 foot chord bears S 65119'13" E, to the Northwesterly Corner of Lot 45 of said Part Three; thence S 16051'33" W, 165.52 feet along the Westerly line of said Lot 45; thence N 77130'00" E, 163.93 feet along the Southerly line of Lots 45 and 44 of said Part Three; thence N 14025'21" W, 125.15 feet along the Easterly line of said Lot 44 to a point on the Southerly right-of-way line of Plaen View Drive; thence Northeasterly, 80.74 feet, along said right-of-way line, on a 150.00 foot radius curve, concave Northwesterly, whose 79.77 foot chord bears N 60009'23" E; thence Northeasterly 20.36 feet along a 15.00 foot radius curve, concave Southeasterly, whose 18.83 foot chord bears N 83037'05" E; thence S 57030'00" E, 68.04 feet along the Southwesterly right-of-way line of Dynevor Circle; thence N 59°42'44" E, 56.22 feet to a point on the Northeasterly right- of-way line of Dynevor Circle, said point also being the Southeasterly Corner of Lot 36 of said Part Three; thence N 32030'00" E, 125.00 feet along the Southeasterly line of said Lot 38 to a point on the Southwesterly line of Lot 36 of said Part Three; thence S 57030'00" E, 163.27 feet along the Southwesterly line of said Lot 38 to a point on the East line of the Northeast Quarter of the Northwest Quarter of said Section 20; thence S 01002'24" W, 433.02 feet along said East line to the Point of Beginning. Said tract of land contains 5.841 acres, more or less, and is subject to easements and restrictions of record. Attachment A #a9 ORDINANCE NO. ORDINANCE APPROVING TE PRELIMINWIY RAND DEVELO W WISING (PCH) PIAN FOR WILLC{,ElOOKE POINTE CONDOMINILMS, IOWA CITY, ICNA. BE IT MUG BY THE CITY COINCIL OF IOWA CITY, IOA, RAT: SECTION 1. APPROVAL. The preliminary PCH plan submitted by Byers $ Happel, Inc., for WillaMaoke Pointe Condominiums, legally described in Attarhrent A, is hereby approved, including the reclassification of the property from RS -5 to PD+ -5. SECTION II. VARIATIONS. Variations from the reWirerents of the RS -5 zone have been approved as a part of this plan. The variations permit: A. Twenty-eight multi -fainly units arranged in seven, two-story, four unit condominium dwellings. The dwellings have bran desiged in a rtemer corrpatible with the single -fancily character of surrounding properties immediately to the north and east. The large setbacks, ample acwnts of open space, and landscape features effectively integrate the developrent into this single-family neighborhood. B. Clustering of condominium dwellings. lie seen dwellings are located north of Willa Creek on the more suitable portion of the tract for development, and thereby pramte a more efficient lard use resulting in smaller networks of utilities and streets with more usable open space being achieved. C. Reduction of pavement width and design stadad from a 28 -foot curb and gutter public street to a 22 -foot non -curb and gutter private street. The reduced pavement width and design standard still allows the safe and efficient mwermd of traffic within this relatively small, non- thracgh street development. The proposed design will still allow the circulation of arergency vehicles an the property. D. No internal sidewalks. Due to the relatively small scale of this development, the limited amunt of traffic anticipated on the private drive, and the availability and accessibility of open space which my serve as an alternative to sidewalks for pedestrian use, sidewalks are net regarded as necessary within the development. The plan provides for the extension of a crosswalk south of Elliott Court, from the proposed single-family subdivision to the north, to provide access thragh the development to Benton Street and Willow Creek Park to the south. CM ordinance No. Page 2 E. A certain ember of parking spaces are allowed to back directly into the private drive. With no parking permitted on the private drive, each parking area so designed affords unobstructed sight distances and assures the safe and efficient novemnt of vehicular and pedestrian traffic in this non -through street deslcpnert Off-street parking is provided at a ratio of four spaces per dwelling mit, twice the aout required by the Zoning ordinance. The additional parking is intended to canpensate for overflow parking situations since m-shvet parking is not permitted on Benton Street and Mormon Trek Boulevard so as not to burden neighboring residential streets. SECTION III. RPE ER. All ordinannes and {arts aF ordinances in conflict with the provisions of this Ordinance are hereby repealed. urTION IV. SEVEAA61LITY. If any section, provi- sion or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall rat affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DOTE, This Wnanm shall be in effect after its final passage, approval and publication as required by law. Passed and approved this MAYOR ATTEST: CITY OLER( Approved as to Form L Depa�izm #30 1 It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco Balmer Courtney Horowitz Kubby Larson McDonald First Consideration Vote for passage: Second Consideration Vote for passage: Date published LEGAL DESCRIPTION WILLOWBROOKE POINTE CONDOMINIUMS Lot 33 as depicted on the Preliminary Plat of Cameron Subdivision A portion of the Southeast Quarter o1 the Northwest Quarter (SE 114, NW 114) of Section 17, Township 79 North, flange 6 West of the Fifth Principal Meridian, being more particularly described as follows: Commencing at the Center of said Section 17; Thence N88'23'08"W, 651.50 feet along the South Line of the Northwest Quarter (NW 114) of said Section 17; fiance Not 044230E, 20.36 feet to the Southwesterly Corner of Lot 84 of Macbride Addition, Part Three, said comer being 35.00 feet normally distant North, of the Centerline of West Benton Street and is the Point of Beginning of the following described tract; Thence N89'40'21"W, 218.74 feet along a line 35.00 feet normally distant, North, of the R Centerlino of West Benton Street,, Thence N01'19'39"E, 19.00 feet. Thence N89'4021m,, 32.00 feet, Thence Sol 01913M, w 19.00 feet to a point 35.00 feet normaly distant, North of the Centerline of West Benton Street; Thence N89'40'21'W, 267.871ae4 i along a line 35.00 feet normally distant North, of the Centerline of West Benton Street Thence Northwesterly 39.69feet along a 25.00 foot radius curve, concave Northeasterly, whose 35.79 loot chord bears N/3'57'59"W, to a point 40.00 feet normally distant, East, of the Centerline of Mormon Trek Boulevard; Thence Not '44'23#E, 277.43 feet along a line 40.00 feet normaly n distant, East, of said Contadina; Thence S805'37'E, 14.00 feet; Thence N01 04423"E, 32.00 feet, Thence 1188'15'37"W, 14.00 feet to a point 40.00 feet normally distant East of the Centerline of Mormon Trek Boulevard; Thence Not'44'2XE, 204.031eet along a line 40.00 feet normally distant East of the Centerline of Mormon Trek Boulevard, Thence S88015'37"E, 319.04 feet Thence Sol *4423W, 45.55 feet; Thence S28'15'37"E, 91.10 feet, • Thence S58'15'37,E, 91.10 feel; Thence SOB 415'37"E, 91.10 feet; Thence N61'4423"E, 45.55 feel; Thence S89'03'28"E, 70.01 feet to a point on the West line of said Macbride Addition, Pad Three; Thence Sol '44'23 W, 376.96 feet to the Point of Beginning. Said tract of land contains 6.735 Acres more or lass and is subject to easements and restrictions of record. 01- *5-19, LRS Il.yy,1.l11 ,,,4,d 1/11/191. I••+"; Li t li JAN 19 P P.D. DEPARTMENT Inside: _ — Central air conditioning — Insulated tempered thermo-break atrium doors with eQeerle — premium hardware — Wnll•to-wall carpeting — Dacomtu light fL:ures — Insulated windows with storms and screens Outside: — Over 50% open space of landscaped and sodded greenbelts . — TrivegP concrete patios —`Relaxes balconies — Asphalt driveways — Brick and aluminum Ioderion Utilities and storage: — Individual utility rooms — 100 amp 220 wit service with drcult breakers — Automatic, gas-fired, forced air furnaces — Automatic gla s-Uned, 40 gallon water heaters — Vence for dryer — Individual garages wllh extra storage Mau M r .m M Your monthly assessment provides you wlth: — hfaimenance of common areas and ertWior lighting of bulldings,.drivsways, green spaces, walks and interior common halls — Lawn cutting• fertilizing, shrub and tree trimming — Snow dearanu of walla and driveways — GabWry and casualty insurance on common property — Management and administrative services for condo• rninlum assodation '!here's luxury everywhere you look wtchelu: — Quality When cabinets — rlectric ranges with hood Lan — Double bond stainless steel sink — Unidevel faucet control — Built -In dishwasher — Built-in garbage clLsposer — Roiled edge decorator counter tops — Sunny breakfast rooms Batha'and Closets: — Tub shouvm — Vanities In every bath — Linen Closets - Welkin Closets In every master bedroom 01.21I1A, sws� II nr ` M r .m M Your monthly assessment provides you wlth: — hfaimenance of common areas and ertWior lighting of bulldings,.drivsways, green spaces, walks and interior common halls — Lawn cutting• fertilizing, shrub and tree trimming — Snow dearanu of walla and driveways — GabWry and casualty insurance on common property — Management and administrative services for condo• rninlum assodation '!here's luxury everywhere you look wtchelu: — Quality When cabinets — rlectric ranges with hood Lan — Double bond stainless steel sink — Unidevel faucet control — Built -In dishwasher — Built-in garbage clLsposer — Roiled edge decorator counter tops — Sunny breakfast rooms Batha'and Closets: — Tub shouvm — Vanities In every bath — Linen Closets - Welkin Closets In every master bedroom 01.21I1A, sws� II nr 9 y MACERIDE ROAD j�Y. I PrelininaryP41 wRn xsuenmsloxl I o- ' Iowa Gry, I[Ai I � ___ •IpV N[1'lI I 1 28 29 30 R— 26 31-r= i- 25 '� 24 J 23 - - .�,\•� , 32 i;22 F RAM!: aP' 4 20 E.emi17 5 19 i ',- r ,I �-L ••rr --I. 1' --- `1 - -! ei 16 15 t 10 14 13 12"Iky I DRI' •—•I. 1� "•p` ��. •_ r^'�".".:.'"_��1".•^'�.",.:'�": �l R\m: ,rl. L P' LEONARD Ir i "�/ !.�• CIRCLE 7SA;�j <-33 .I A qI; y,. i & f; >:\,�,. :, :.i •I •',1'•, j,�tjv.S; --f,�'—��..'-- r:rFr�'_Litr'. '_y_' l crr.�••Lz-•. �.— .; � � L—. PEifLQH—••fReFr T:..--tL� '_ u•.....� .' I-,�f_.. ' ��• _ _� _ —r_ I LIQ; .. _ __ - _ •-...- .___ .-- STAFF REPORT To: Planning & Zoning Commission Item: Z-8801. Rezoning of Lots 39-43 & 46-49 of Ty'n Cae Subdivision, Part 3. 5-8902. Ty'n Cae Subdivision, Part 5, A Replat of Lots 39-43 & 46-49 of Ty'n Cae Subdivision, Part 3. GENERAL INFORMATION: Applicant: Requested action: Purpose: Location: Size: Comprehensive Plan: Existing land use and zoning: Surrounding land use and zoning: File date: 45 -day limitation period: SPECIAL INFORMATION: Public utilities: Prepared by: Barry Beagle Date: February 2, 1989 Dynevor, Inc. 2009 Ridgeway Iowa City, Iowa 52245 Phone: 338-5477 Approval of rezoning of Lots 39-43 and 46-49 of Ty'n Cae Subdivision, Part 3, from PDH -8 to RS -8. Preliminary plat approval of Ty'n Cae Subdivi- sion, Part 5, a Replat of Lots 39-43 and 46-49 of Ty'n Cae Subdivision, Part 3. To establish a 20 -lot, zero lot line, single-family subdivi- sion. South of Plaen View Drive and east of Mormon Trek Boulevard. 5.841 acres. Residential; 2-8 DU/A. Undeveloped; PDH -8. North - Single -Family Residen- tial; PDH -8. South - Commercial Office; CO -1. East - Undeveloped; CI -1. West - Mormon Trek Boulevard and U.S. Highway 218. January 11, 1989. February 27, 1989. Municipal water and sewerage systems are presently available. goo Public services: Transportation: Physical characteristics: BACKGROUND: Police and fire protection, including sanitation service, are available. The site is accessible to Mormon Trek Boulevard via Plaen View Drive and Gryn Drive. The site is in a shallow, low- lying area, traversed by a tributary feeding .into Willow Creek. On August 2, 1983, the City Council approved the final plat and LSRD/PDH plan of Ty'n Cae Subdivision, Part 3, permitting a mix of residential unit types, including 102 lots for zero lot line single-family dwellings, 38 townhouse units, and 48 multi -family units for a total of 188 dwelling units on a 30.63 acre tract (see Attachment 2). With the adoption of the new Zoning Ordinance in December, 1983, the development was zoned PDH -8 with underlying zoning of RS -8. Under the current Zoning Ordinance, the RS -8 zone permits the development of zero lot line dwellings as a provi- sional use. Previously, such units could only be approved through a planned area development. In 1986, the area including the 38 townhouse units, was vacated and replatted into 22 lots for zero lot line develop- ment. (See Attachment 3.) The applicant, Dynevor, Inc., is requesting to rezone the southern 5.841 acres of the development from PDH -8, Planned Development Housing Overlay zone, to RS -8, Medium Density Single -Family Residential zone and preliminary plat approval to subdivide the area into 20 -lots intended for zero lot line single-family dwelling units. The proposed plat represents a replat of Lots 39-43 and 46-49 of Ty'n Cae Subdivision, Part 3, for which the applicant also requests the City's consent to vacate. Contingent upon rezoning, the applicant is proposing to replat a total of nine (9) lots. Lots 39, 40, 42, 43, 46-49 were originally platted for zero lot line dwellings. These lots are undergoing slight modification with this subdivision proposal although identified by new lot numbers. Lot 41, comprising 3.44 acres, received LSRD/PDH plan approval to accom- modate the construction of four (4) 12-plexs for a total of 48 dwelling units. Access to this area was provided by the extension of Dynevor Circle, 175 -feet south of Plaen View Drive. None of the lots proposed to be vacated nor Dynevor Circle as originally platted are currently improved; the entire site remains under single ownership. If this area were to develop under the original plan, a total of 56 dwelling units could have been constructed. ANALYSIS: Proposed Rezoning. The applicant is seeking to rezone the subject 5.841 acre tract from PDH -8 to RS -8 to permit the development of a conventional subdivision. It is the developer's intent to establish a zero lot line single-family residential subdivision in accordance with the requirements of the RS -8 zone, with lot sizes consistent with the pattern of develop- ment established with Ty'n Cae Subdivision, Part 3. #30 The RS -8 zone allows for the development of detached single-family residences and zero lot line dwellings on 5,000 square foot lots and provides for the development of duplexes in accordance with the dimen- sional requirements of the RM -12 zone, provided the minimum lot area per duplex lot is 8700 square feet. The proposed rezoning to RS -8 would permit development of lots consistent with the character and density of development of existing lots in the subdivision to the north. Ty'n Cae Subdivision, Part 3, has developed in accordance with the dimensional requirements of the RS -8 zone for which this request would be consistent. Under the current PDH plan, a total of 56 dwelling units could be constructed on the subject 5.841 acre parcel. The applicant proposes to replat the area to permit the development of 20 zero lot line single-family dwellings, a reduction in development density of 38 dwelling units. The proposed rezoning is consistent with the low- density residential designation of the Comprehensive Plan and would permit development compatible with established land use patterns to the north. Subdivision Proposal. The proposed preliminary plat is in general compliance with the requirements of the subdivision regulations. Each lot complies with the dimensional requirements of the RS -8 zone to permit construction of detached single-family residences or zero lot line dwellings. Stormwater management has already been provided for the Ty'n Cae Subdivision; on-site detention will not be required for this subdivision. Approval of the new subdivision requires vacation of Lots 39-43 and 46-49 of Ty'n Cae Subdivision, Part 3, including the dedication of Dynevor Circle. The City's consent is necessary for the owner to vacate the original plat and will be finalized with the final plat application. Economic Impact: Given the value of comparable residential development in the nearby residential area, the assessed value of each lot within the proposed subdivision, including zero lot line residence, is approximately $61,653. For tax purposes, the value of residential uses within this tax year are rolled back to 80.5966% of their assessed values. The City tax levy imposed upon a residential use within the City is $11.69523/$1,000 of assessed valuation. Assuming a lot in the proposed subdivision is developed with an assessed value of approximately $61,653, the amount of annual tax generated to the City would be $581. If all 20 lots in the subdivision were developed today, the City would realize an annual increase in City revenue of approximately $11,620. The proposed subdivision will not have an adverse impact on the City's financial ability to provide municipal services. The City will incur a direct cost by sharing in half the pavement width of the eight (8) foot sidewalk on Mormon Trek Boulevard. STAFF RECOMMENDATION: Staff recommends that the proposed rezoning of Lots 39-43 and 46-49 of Ty'n Cae Subdivision, Part 3, from POH-8 to RS -8 be approved. Contingent upon passage of the rezoning, staff recommends that the City consent to the vacation of the plat for Lots 39-43 and 46-49 of Ty'n Cae Subdivision, Part 3, and that the preliminary plat of Ty'n Cae Subdivision, Part 5, be approved. #30 4 ATTACHMENTS: 1. Location Map. 2. Attachment 2 - Final Plat and LSRD-PDH Plan of Ty'n Cae Subdivision, Part 3. 3. Preliminary Plat, Ty'n Cae Subdivision, Part 5. Approved by: D ald Schmeiser, Director Department of Planning and Program Development y�Jo j Lo Bpi IL b !BME-rip";tol Final Plat, P.A.D. and L.S.R.D. Plan Ty'n Cue Subdivision Part 3 lows Clly laxx. crxxuo i sxxo')r i I i rntar P- X11 � a- a ._ e_ e� i7r a e lo. ,._-�a- ra •� S:x..../'/•' Jif ' II �— yv._... _ _.riia!':a:r nam Davi .l^r .. `r �'• � a 'b. :'"�\ YIoe I ar n 9 �)r n m r.. q \ •. •11 "° J! �`)i I s e ,J��ta t� il5 ,t { t ! �9 ii � 1• i� "aa` �t �{ t •.).��i --- � . m :: � ,{ JJ6 ry ., � - as , , •. RVN ' � :�. �'' � Iii. f v, %h . 1r ✓. '` � 4 � ',� , ,, : _ � `� b° fi• a!i .j 1. \` �'�.'+ ., �� .•^. 8 � II: „�__ � '� � jlSi^ ;>t> a \. • �,,��y'�s , r �;�• ��`�/J� ,a ! t 9 't mer'. I �T Are b r — — „ ...r—, .r r.. I'�i f a�) � \._ �.•Y �i PAF: J� Jl : 1 J.•' S Attachment 2 T u. u. .u. .u. Ac":At" ACm Attachment 2A #30 FINAL PLAT & RDH. PLAN TY'N CAE SUBDIVISION -PART 4 •n, ,xA RESUBDIVISION OF LOTS 96A, 968, 96C, 96D, 96E, 97 B 98 OF TY'N CAE SUBDIVISION -PART 3 IOWA CITY, IOWA 0' •20'20'Y �vvm n•u•a• ,[.I, u.el u.n ,IVPw' ,LO uat•u• n.n u.0 u•uve• w.0 n.0 ru•m e.0 e.0 ,o•n•u• ,e.n nu �.•„•[.• •n n n u rn•u• ,e n ...n ,.0 78 1301 500[H OILO[RT St. Jtl [. MARK 5[ IMA CITY, IMA IOWA CITY, IOWA �R•150.OU 00 Ch I 1.66.39'46' di f L• 119.76'1 92 Ch6.954.38'S5'E d3 6637.56' 9'E / 37.56' R•1750 D7 •'\ ��`,f C•31.26Q49' V"l 3015 rl,'nyPr,iarloe.A1 A•q R1 vuu. xo, ,MrE (WWC [ {{x¢u M NwaosY Attachment 3 R:150,09' • 1.23.1655 L • 60.95' Oh,60.53' 144•OW27'W ... 49 rl 1'. '46'S5'W/ 6,04';, •q? X30 IT, I.,., u[ [,wo oO,A It[ uwn uMn [,w4 eY,w r uu[a In.0 u..,I v..0 vrw• ne[ ut.n ue.n nrw•a•e vra• Lu ,.e, e.e, eoru•w•r 01501, M!Iltl. anu c xwv \ n•u•a• ,[.I, u.el u.n ,IVPw' ,LO uat•u• n.n u.0 u•uve• w.0 n.0 ru•m e.0 e.0 ,o•n•u• ,e.n nu �.•„•[.• •n n n u rn•u• ,e n ...n ,.0 78 1301 500[H OILO[RT St. Jtl [. MARK 5[ IMA CITY, IMA IOWA CITY, IOWA �R•150.OU 00 Ch I 1.66.39'46' di f L• 119.76'1 92 Ch6.954.38'S5'E d3 6637.56' 9'E / 37.56' R•1750 D7 •'\ ��`,f C•31.26Q49' V"l 3015 rl,'nyPr,iarloe.A1 A•q R1 vuu. xo, ,MrE (WWC [ {{x¢u M NwaosY Attachment 3 R:150,09' • 1.23.1655 L • 60.95' Oh,60.53' 144•OW27'W ... 49 rl 1'. '46'S5'W/ 6,04';, •q? X30 AU V/ Ljl 2138 Iowa Tel. March RE:Rezoning of the property on the corner of Benton Street and Mormon Trek Boulevard Stephen J. Atkins City Manager Civic Center Iowa City, Iowa 52240 Dear Mr. Atkins: RECEIVED MAR 201989 Leonard Circle City, Iowa 52246 351-7932 19, 1989 We would like to register our protest in regards to rezoning the above described property from its current status of RS5 to PDH5. There have been no major changes in the type of property being built in this neighborhood since the Comprehensive Plan for this area was last reviewed in 1983. Many of the current home owners in the area bought or built their current homes based on the proposed stability of this neighborhood as outlined by this plan. As you probably know, this is the second attempt to rezone this property in the last year. The first attempt, also by Byers and Happel Realty, was withdrawn from consideration after a public outcry from the surrounding neighborhood produced Petitions with over 250 signatures protesting the proposed rezoning. You probably do not know, this prior attempt of rezoning was fraught with threats that if the neighborhood did not accept the proposed zoning changes, then "less desirable" plans for development of this property would be considered since the developers had to "maximize" there investment. This seemed particularly insensitive since their proposal would have lowered the value of the current homes in the area. At this time, we agree with the developer that this property needs to be developed. What we disagree with is the method of development. Our first wish would be that this property be developed in manner proposed in the Comprehensive Plan--i.e. RS - 5. We believe that there exists a need for this type of housing in the Iowa City area, particularly in the West side. The developers, without evidence of a market study, indicate that the southwest corner of this property (somewhat over 7 acres in size) would be undesirable for this type of housing and therefore propose condominium development. We have two objections to this proposal. The main objection is that the proposed condominiums are not actually in the southwest corner of this property but are in the southeast corner of this property. This puts them adjacent to the existing properties which are all single story, single family homes. We ask that the city council actually visit this site and see how the proposed two story condominiums would 1130 dominate this area. If the units were actually in the southwest corner of the property their impact with existing property would be minimized. The second objection is not a direct one but still needs to be voiced. There are multiple condominiums already in the surrounding area with the majority of them be rented instead of purchased. It is our believe that it will be difficult for the developers to sell expensive condominiums in this area, and as a resort will need to rent them. We suspect that this will lead to deterioration in the neighborhood since home owners take more pride in their home than renters. In closing let us summarize by asking that the city council actually look at the property being described in order to determine in their own minds what effect the proposed zoning changes would have on the existing neighborhood. We ask the inhabitants of the neighborhood be listened to in an equal manner to that of the "business" community. Thank you for your time. Sincerely yours, Sam and Marj Kuperman X30 I ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY REPEALING SECTION 15-66 THEREOF, AND ENACTING IN LIEU THEREOF A NEW CODE SECTION TO BE CODIFIED THE SAME, PROVIDING FOR THE ESTABLISHMENT OF A DELINQUENCY DEPOSIT FOR COMBINED WATER AND/OR SEWER AND/OR SOLID WASTE COLLECTION ACCOUNTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That Chapter 15 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 15-66, thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 15-66. Deposit upon establishment of account; Deposit upon delinquency of account. (a) Upon initial establishment of a residential water service account, a residential sewer service account, and a residential solid waste collection account, or any of these, with the city, or upon re- establishment of such accounts with the city, the person establishing the account shall be required to execute a service agreement and make a combined account deposit before commencement of the city's service. The amount of the deposit shall be as provided in the schedule of fees, Section 32.1-55. The deposit shall be held either until three (3) years after establishment of the account or until service is terminated and the account closed, whichever occurs first. At that time, the amount of the deposit shall be credited to the customer's account. (b) A delinquency deposit may be charged upon repeated delinquency of any water service account, sewer service account, and/or residential solid waste collection account. Upon the occurrence of a delinquent water service account, sewer service account and/or residential solid waste collection account resulting in a second delinquency charge in a calendar year, the consumer shall be required to make a combined account deposit which is equal to the average #3` Ordinance No. Page 2 two-month billing for their account. The average two-month billing shall be based upon the actual billings during the prior twelve-month period. If the consumer already has a combined deposit being held, that deposit amount shall be increased to the proper amount for a delinquency deposit. Delinquency deposits shall be held either one year after the establishment date or one year after the last occurrence of a charge for a delinquent account, whichever occurs last. The deposit shall be released when service is terminated and the account is closed. At that time, the amount of the deposit shall be credited to the customer's account. SECTION II. REPEALER: All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. These are: SECTION III. SEVERABILITY CLAUSE: If any of the provisions of this Ordinance are for any reason declared illegal or void, then the lawful provisions of this Ordinance, which are severable from said unlawful provisions, shall be and remain in full force and effect, the same as if the Ordinance contained no illegal or void provisions. SECTION IV. EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after its final passage and publication as by law provided. Passed and approved this MAYOR ATTEST: CITY CLERK Appnpv�, to Form Legal Department �3� It was moved by and seconded by that the Ordinance as read a adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco Balmer Courtney Horowitz Kubby Larson McDonald First Consideration Vote for passage: Second Consideration Vote for passage: Date published i �I City of Iowa City MEMORANDUM Date: March 2, 1989 To: City Council From: Kevin O'Malley, Assistant Finance Director Re: Increase in Utility Deposits on Delinquent Accounts Part of the process of the liening of delinquent utility customers was the analysis of accounts that were to be written off. As you may recall in a memo dated January 5 (attached), $4,687.08 was written off due to uncollectible delinquent utility customers. In researching the delinquency of active accounts, the record shows an average of 32% of the delinquent accounts have had two or more delinquencies within a calendar year. To reduce our losses, I am recommending that a deposit equal to the amount of an average two-month utility bill be required for utility customers who are delinquent more than twice. Current regulations require a $50 deposit for residential customers and an average two month bill for deposit for commercial customers. I also request we waive any service fees for the first delinquency on any account in a calendar year. Upon the second delinquency, we will advise the customer of the possibility of a deposit charge if they are delinquent a third time within the calendar year. Upon the third delinquency, we will charge a deposit equal to the average two-month billing for that account, minus the deposit on record for that account. We will hold this deposit until the customer has a full 12 -month period without any delinquencies. bj/pc2 City of Iowa City MEMORANDUM Date: January 5, 1989 To: City Council From: , Dianna Donahue, Customer Service Manager Re: Request for Approval of Liens for Delinquent Utility Charges The Treasury Division of the Finance Department has prepared a listing of inactive delinquent accounts as of September 30, 1988. These accounts have been reviewed to determine their collectibility, first through a transfer to an active account, and second as a lien collected with the property tax. Those accounts determined uncollectible are written off. Another listing is prepared of those active delinquent accounts for refuse service only. Our only collection on those accounts are through the lien process as the refuse services cannot be discontinued for non-payment. The only accounts liened are those in the owner's or manager's name at the time service was received. Inactive accounts written off as uncollectible are those with a delinquent balance due of less than $15.00 or those in a tenant's or owner's name and no active account in the same name exists for a transfer. The attached chart itemizes the beginning balances, payments, transfers and write-offs of both INACTIVE delinquent accounts and ACTIVE REFUSE ONLY delinquent accounts. The inactive accounts have a beginning delinquent balance of $10,931.90 with a $4,687.08 write-off as uncollectible. The active refuse only accounts have a beginning delinquent balance of $337.00. Only one refuse account totaling $65.00 was uncollectible due to the sale of the property. An analysis was performed to improve our collectibility of those inactive delinquent accounts. The larger percent of those uncollectible inactive accounts are tenant accounts that had a $50.00 deposit applied to their last billing. The mean write-off for these accounts is $31.64. We eliminated the prospect of increasing the current $50.00 deposit charge as the number of uncollectible finaled tenant accounts amount to two percent of the final bills processed. Also, the dollars written off as uncollectible is .0006 percent of the total dollars billed October, 1987 to September, 1988. We plan on researching a more aggressive collection technique to be used by our staff --perhaps contacting the customer via telephone rather than strictly correspondence. Also, we will question the feasibility of using a collection agency or small claims court when a customer does not have a second account with which to transfer the delinquent amount. I am requesting that you approve the listings for certification to the Johnson County Auditor to be assessed as a lien and collected the same as property tax. All owners were sent certified letters advising of the lien procedures and their opportunity to appear at the January 10, 1989, Council meeting. I will be available at the January 10 Council meeting to answer questions regarding the lien process. bdw3-1 cc: Kevin O'Malley, Assistant Finance Director Rosemary Vitosh, Finance Director ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 33 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, (1) BY REPEALING SECTIONS 33- 48, 33-149, 33-163, 33-164, 33-165, AND 33- 169 THEREOF, AND ENACTING IN LIEU THEREOF NEW SECTIONS TO BE CODIFIED THE SAME, PROVIDING FOR (A) THE ESTABLISHMENT OF A DELINQUENCY DEPOSIT FOR COMBINED WATER AND/OR SEWER AND/OR SOLID WASTE COLLECTION ACCOUNTS, (B) REVISIONS IN PROCEDURES FOR THE INSTALLATION OF PRIMARY AND SECOND WATER METERS, AND (C) REVISIONS TO FEES FOR SECOND WATER METERS, FOR WATER USE DURING CONSTRUCTION, AND FOR DIRECT WATER PURCHASE; (2) BY ENACTING TWO NEW SECTIONS TO BE CODIFIED AS SECTIONS 33-156 AND 33- 167, PROVIDING FOR CHANGES IN THE PROCEDURES FOR REMOVAL OF WATER METERS, AND SETTING FORTH THE FEES AND BILLING PROCEDURE UPON CHANGE IN TENANT ACCOUNT IN A SEPARATE CODE SECTION; AND (3) BY DELETING SUBSECTIONS (d) AND (e) FROM SECTION 33-154 DUE TO THE INCLUSION OF THOSE PROVISIONS IN OTHER SECTIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That Chapter 33 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 33-48, thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 33-48. Deposit upon establishment of account; deposit upon delinquency of account. (a) Upon initial establishment of a residential water service account, a residential sewer service account, and a residential solid waste collection account, or any of these, with the city, or upon re- establishment of such accounts with the city, the person establishing the account shall be required to execute a service agreement and make a combined account deposit before commencement of city's service. The amount of the deposit shall be as provided in the schedule of fees, Section 32.1-73. #37 Ordinance No. Page 2 Upon initial establishment of a commercial water service account, or a commercial sewer service account, or either of these, with the city, the person establishing the account shall be required to execute a service agreement and make a combined account deposit before commencement of the City's service. The amount of the deposit shall be as provided in the schedule of fees, Section 32.1- 73. Deposit shall be held either until three years after establishment of the account, or until service is terminated and the account closed, whichever occurs first. At that time, the amount of the deposit shall be credited to the customer's account. (b) A delinquency deposit may be charged upon repeated delinquency of any water service account, sewer service account, and/or residential solid waste collection account. Upon the occurrence of a delinquent water service account, sewer service account and/or residential solid waste collection account resulting in a second delinquency charge in a calendar year, the consumer shall be required to make a combined account deposit which is equal to the average two-month billing for their account. The average two-month billing shall be based upon the actual billings during the prior twelve-month period. If the consumer already has a combined deposit being held, that deposit amount shall be increased to the proper amount for a delinquency deposit. Delinquency deposits shall be held either one year after the establishment date or one year after the last occurrence of a charge for a delinquent account, whichever occurs last. The deposit shall be released when service is terminated and the account is closed. At that time, the amount of the deposit shall be credited to the customer's account. #37. Ordinance No. Page 3 SECTION II. That Chapter 33 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 33-149, thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: Sect. 33-149. Required metering of water use. (a) Requirements for Installation of Water Meters. All water furnished to the consumers shall be metered unless provided otherwise by ordinance. All meters and remote meter readers shall be furnished by the department of public works, but owner must provide a suitable location and piping system for same. The owner shall be responsible for procuring the installation of each meter furnished by the city on all new construction or remodel work, which installation shall be performed by a licensed plumber under a plumbing permit issued pursuant to Chapter 8 of the Code of Ordinances of the City of Iowa City, Iowa. On new construction, the meter(s) shall be installed at the same time as, or no later than the installation of, the plumbing fixtures. The meter(s) shall be installed in a location which provides the same access and working space which as required for water heaters, as provided in Chapter 8 of the Code of Ordinances of the City of Iowa City, Iowa. The supply or "in" side of the piping and valving shall be marked with a tag at the meter location. The owner shall provide and install conduit (} inch minimum size) and wire for a remote meter reader. For multiple meter settings, the owner shall label the individual wires to correspond to the proper meter inside. The meter and wire installation must comply with City specifications. Upon completion of the installation of the meter(s) and related piping, the owner, or the owner's plumbing contractor or authorized agent, shall arrange, by appointment, for a field test and 4137 Ordinance No. Page 4 verification that each meter and meter reader is operating properly. The public works department (water division) will meet with the owner, or the owner's plumbing contractor or authorized agent to verify that the installation is correct and to install the account number. Piping systems shall be so constructed and the meters so placed that all water to be used in or about the premises shall pass through the water meter(s). The owner shall be responsible for compliance with this provision ashall eliable payment ofwaterusedinviolation hereof. A meter deposit, in the amount set forth in the schedule of fees, Section 32.1-73, will be required for each meter provided by the City. Upon proper completion of the installation of the meter, a refund will be given to the person making the deposit. (b) Requirements for Installation of a Second Meter. A second meter is any meter which measures water use which does not discharge into the City's sanitary sewer system or require treatment at the sewage treatment plant, such as irrigation, air conditioning, swimming pools or the like. A property owner with an existing water service account may apply to the public works department (water division) for a second meter. If the finance department determines that such property is eligible for installation of a second meter, the meter will be provided to the property owner, or the owner's plumbing contractor or authorized agent, upon payment of a non- refundable second meter fee, as set forth in the schedule of fees, Section 32.1-73. A second meter, like the primary meter, must be valved on both the inlet and outlet sides. The second meter shall be installed with a backflow preventer valve on the #3 1 Ordinance No. Page 5 outlet if the plumbing does not already include these valves on all hose bibs connected to the meter. A second meter must be installed in compliance with all other requirements set forth in (a) above. A second meter shall not be removed temporarily from service during winter months. To properly remove a second meter, the plumbing must be physically restored so that no jumper may be installed. SECTION III. That Chapter 33 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 33-163, thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 33-163. Rates. (a) All users of city water service shall be charged: (1) A minimum monthly charge for the first two hundred (200) cubic feet, or less, of water usage, based on meter size, and (2) A monthly charge on all water used in excess of two hundred (200) cubic feet per month, and (3) There will be no minimum monthly bill for a second water meter from November through March of each year for those months during which no water is used. Said charges shall be for the quantities of water used and shall be in the amount set forth in the schedule of fees, Section 32.1-73. (b) The rates and charges herein established and set forth in the schedule of fees shall apply only to properties located within the corporate limits of the City of Iowa City. Where another municipal corporation has entered into a contract with the City of Iowa City, the rates provided for in such contract shall prevail. For all areas outside the corporate limits of the City of Iowa City for which there is no prevailing contract, the rate shall be established as fifty (50) *37 ordinance No. Page 6 percent above those provided in the schedule of fees. (c) The water rates and charges herein established will be effective with the billings sent after the effective dates listed in the schedule of fees. SECTION IV. That Chapter 33 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 33-164, thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 33-164. Temporary use during construction. (a) When temporary water service is requested for a structure under construction, the owner or contractor shall pay a temporary fee based upon the type of structure under construction and the length of time temporary water service is utilized, as set forth in the schedule of fees, Section 32.1-73. (b) If such rates are inadequate for the amount of water to be used, the department of public works may establish higher rates for a particular premises. (c) The water used under this provision may not be used to settle ditches or irrigate lawns or gardens; and the department of public works may discontinue service to any owner or contractor who has failed to water supplied or used contrary to the provisions of this section. SECTION V. That Chapter 33 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 33-165, thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 33-165. Direct purchase rates. Water can be purchased at the water pumping plant or at any other location that may be designated by the department of public works for that purpose. Water purchased in tanks furnished by the purchaser will be charged at the rate provided therefore in the schedule of fees, Section 32.1-73. The department of public works will not be responsible for the purity of water after it leaves the supply #07 Ordinance No. Page 7 line when it is delivered to the purchaser's container. SECTION VI. That Chapter 33 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 33-169, thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 33-169. Deposit upon establishment of account; Deposit upon delinquency of account; Fees and charges for consumer services. (a) Upon initial establishment of a residential water service account, a residential sewer service account, and a residential solid waste collection account, or any of these, with the city, or upon re- establishment of such accounts with the city, the person establishing the account shall be required to execute a service agreement and make a combined account deposit before commencement of city's service. The amount of the deposit shall be as provided in the schedule of fees, Section 32.1-73. Upon initial establishment of a commercial water service account, or a commercial sewer service account, or either of these, with the city, the person establishing the account shall be required to execute a service agreement and make a combined account deposit before commencement of the City's service. The amount of the deposit shall be as provided in the schedule of fees, Section 32.1- 73. Deposit shall be held either until three years after establishment of the account, or until service is terminated and the account closed, whichever occurs first. At that time, the amount of the deposit shall be credited to the customer's account. (b) A delinquency deposit may be charged upon repeated delinquency of any water service account, sewer service account, and/or residential solid waste collection account. Upon the occurrence of a delinquent water #37 Ordinance No. Page 8 service account, sewer service account and/or residential solid waste collection account resulting in a second delinquency charge in a calendar year, the consumer shall be required to make a combined account deposit which is equal to the average two-month billing for their account. The average two-month billing shall be based upon the actual billings during the prior twelve-month period. If the consumer already has a combined deposit being held, that deposit amount shall be increased to the proper amount for a delinquency deposit. Delinquency deposits shall be held either one year after the establishment date or one year after the last occurrence of a charge for a delinquent account, whichever occurs last. The deposit shall be released when service is terminated and the account is closed. At that time, the amount of the deposit shall be credited to the customer's account. (c) Fees and charges for various consumer services, including water main taps, water main installation and connection fees, and routine water service procedures are hereby established. Such fees and charges shall be as set forth in the schedule of fees, Section 32.1-73. SECTION VII. That Chapter 33 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by enacting a new section, Section 33-156, to read as follows: Sec. 33-156. Removal of meters. (a) Whenever a water meter is located in premises that are to be remodeled, removed, or destroyed, or where the service is to be discontinued, the owner of such premises shall give notice in writing to the department of public works requesting removal of such meters and granting access thereto to city personnel for that purpose. The owner, or the owner's authorized agent, shall be �f37 Ordinance No. Page 9 responsible for the meter until such written notice is given and the meter is recovered. If the meter is damaged, buried, or lost, the owner shall be required to pay for the same at cost less depreciation, and such amount shall be charged to the owner's water service account for that property, or any other active water service account in the owner's name. (b) Prior to removal of a second meter, the plumbing shall be inspected by the public works department (water division) to verify that said plumbing has been physically altered so as to thereafter direct all water through the primary meter. SECTION VIII. That Chapter 33 of the Cade R Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by enacting a new section, Section 33-167, to read as follows: Sec. 33-167. Fees and billing procedure upon change in tenant account. When a tenant notifies the city that he/she is moving and no one has authorized service to start for a new tenant, the city shall automatically place the account into the name of the owner/manager. Billings generated during the first fifteen (15) days, after which a rental property account has been put into the owner's/manager's name, shall include charges for actual water usage only; no minimum charges or refuse charges will be included. In such instances, the meter(s) need not be removed, and no reading fee shall be charged on the automatic return to the owner's/manager's name. When an owner/manager receives a bill for water usage, for the interim period between tenants, he/she may determine that the bill should be paid by the tenant and inform the tenant of his/her responsibility to pay the bill. Upon written notification from the owner/agent, the city will transfer the billed amount to the tenant's account. SECTION IX. That Chapter 33 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing subsections (d) and (e) of 1137 Ordinance No. Page 10 Section 33-154, and by renaming said Section as "Protection of Meters." SECTION X. REPEALER: All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. These are: SECTION XI. SEVERABILITY CLAUSE: If any of the provisions of this Ordinance are for any reason declared illegal or void, then the lawful provisions of this Ordinance, which are severable from said unlawful provisions, shall be and remain in full force and effect, the same as if the Ordinance contained no illegal or void provisions. SECTION XII. EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after its final passage and publication as by law provided. Passed and approved this ,im ATTEST: CITY CLERK i' i i li Ap ved a to Form i I i ./!l/�v» 30/89 Legal Department It was moved by and seconded by that the Ordinance as rea a adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco Balmer Courtney Horowitz Kubby Larson McDonald First Consideration Vote for passage: i Second Consideration Vote for passage: i Date published q ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 32.1, ENTITLED "TAXATION AND REVENUES" OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY AMENDING SECTIONS 32.1-55 AND 32.1-73 THEREIN TO, RESPECTIVELY, REVISE WATER SERVICE CHARGES AND FEES, INCREASE FEE FOR TEMPORARY WATER USE DURING CONSTRUCTION, AND ESTABLISH A DELINQUENCY DEPOSIT, COMBINED, FOR CITY WATER AND/OR SEWER AND/OR SOLID WASTE COLLECTION ACCOUNTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION 1. That Chapter 32.1, "Taxation and Revenues" of the Code of Ordinance of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 32.1-55, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 32.1-55. Fee or Charges Authorized in Chapter 15. Municipal Code Section Authorizing Fee Charge, Fine or Description of Fee, Penalty: Charge, Fine, or Penalty: Charge: Sec. 15-31 Fee for annual solid waste One dollar ($1.00) per collection permit collection vehicle per year Sec. 15-65(a) Residential solid waste collection fee Rates effective for bills on Sept. 1 Sept. 1 or after: 1988 1989 I per dwelling unit, per month $5.25 $5.50 per two rooming units, per month $5.25 $5.50 Sec. 15-65(b) Landfill use fee ,i July I July I Rates Effective: 1988 1989 City fee $7.75 $8.00 State fee $1.50 $2.00 Total fee $9.25 $10.00 Minimum $1.25 $1.35 Sec. 15-66(a) Deposit fee for combined city Residential account: water and/or sewer and/or $50.00 per combined resi- solid waste collection accounts. dential service for city water and/or sewer and/or solid waste collection service. i Sec. 15-66(b) Delinquency deposit for com- In an amount equal to the bined water and/or sewer and/or average two-month billing waste collection accounts. for the delinquent account. X38 Ordinance No. Page 2 SECTION 2. That Chapter 32.1, "Taxation and Revenues" of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 32.1-73, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 32.1-73. Fees and Charges Authorized in Chapter 33. Municipal Code Section Authorizing Fee Charge, Fine or Description of Fee, Eff. Eff. Eff. Penalty: Charge, Fine, or Penalty 9/1/86 9 1 87 9/1/88 (a) Sec. 33-45 (b) Sec. 33-46(h) Sewer Service Charges: Minimum monthly charge (includes the first 200 cu. ft. of water used) $3.00 $4.75 $5.75 Monthly charge for each addi- water and/or sewer and/or solid $50.00 per combined resi- tional 100 cu. ft. of water dential service for used. $.66 $1.04 $1.26 Eff. Eff. Monthly surcharge 9/1/86 9 188 BOB (per pound) $.06 $.10 SS (per pound) $.06 $.06 The user charge will be effective with the billing sent after the effective dates listed in the preceding chart. Fee for delinquent sewer service account Three dollars ($3.00) for each water service account not paid within 30 days of billing date. Fee is waived for first occurrence in each calendar year. (c) Sec. 33-48(a) Deposit fee for combined city Residential account - water and/or sewer and/or solid $50.00 per combined resi- waste collection accounts. dential service for city water and/or sewer and/or solid waste collec- tion service. Commercial account - an amount equal to the two- month billing for commer- cial service for city water and/or sewer service. Sec. 33-48(b) Delinquency deposit for com- In an amount equal to the bined city water and/or sewer average two-month billing and/or Bolide waste collection for the delinquent account. accounts. �I Ordinance No. _ Page 3 (d) Sec. 33-149(a) Meter deposit. a) Deposit fee for new meter $60.00 and outside meter reader. b) Refund for each new meter, $75.00 outside meter reader, and wiring correctly installed. Sec. 33-149(b) Second meter fee $65.00 (non-refundable) (e) Sec. 33-163 Water Service Charoes: Monthly user charges for METER water service for the first SIZE Eff. Eff. Eff. two hundred (200) feet or Inches 9/1/86 9/l/88 9 1 88 less of water used, based on meter size. 5/8 5 3.25 $ 3.60 $ 3.80 3/4 3.75 4.15 4.35 1 4.40 4.85 5.10 1-1/2 8.75 9.65 10.15 2 11.75 12.95 13.60 3 21.75 23.95 25.15 4 37.95 41.75 43.85 6 76.40 84.00 88.20 The minimum user charges for larger meters will be based on comparative costs to a 6" meter. The minimum user charge for a customer who furnishes the meter at their own costs will be based on the minimum for a 5/8" meter, regardless of the size. There will be no minimum monthly charge for the second water meter from November to March for those months during which no water is used. Monthly user charges for MONTHLY water in excess of 200 USAGE Eff. Eff. Eff. cubic feet per month. Cu. Ft. 9/1/86 9 1 88 9/l/88 Next 2,800 S .75 $ .83 $ .87 Next 17,000 .45 .50 .53 Over 20,000 .40 .44 .46 (f) Sec. 33-164 Fee for temporary water use during construction for the first 60 days from the date of the service tap for a new service or for a maximum of 60 days for reconstruction: #38 Ordinance No. Page 4 Single and two (2) family residences Ten dollars ($10.00) per month. Multi -family residences Ten dollars ($10.00) per month. Commercial structures Twenty dollars ($20.00) per month. Fee for temporary water use after 60 days for any structure shall be $100.00 per month until the meter is installed. (g) Sec. 33-165 Fee for direct purchase of water One dollar ($1.00) per two hundred gallons or fraction thereof. (h) Sec. 33-167 Fee for delinquent water service Three dollars ($3.00) account. for each water service account not paid with- in 30 days of billing date. Fee is waived for first occurrence in each calendar year. (i) Sec. 33-169(a) Deposit fee for combined city water Residential account - and/or sewer and/or solid waste $50.00 per combined collection accounts. residential service for city water and/or sewer and/or solid waste collection service. Commercial account an amount equal to the j two-month billing for i commercial service for ! city water and/or sewer service. (j) I Sec. 33-169(b) Delinquency deposit fee for combined In an amount equal to water and/or sewer and/or solid the average two-month waste collection accounts. billing for the delin- quent account. i Ordinance No. Page 5 (k) Sec. 33-169(c) Fees and charges for various consumer services Tap Fees: Size TaQ Corns Curbs Boxes 1" $18.30 $18.35 $ 35.70 $29.15 1}" $24.05 $34.90 $ 58.10 $40.75 1}" $29.40 $48.25 $ 77.40 $40.75 2" $33.10 $78.15 $115.50 $40.75 1}", 1}" and 2" will require saddles which are to be charged at the City's cost plus a stocking fee. Installation and connection fees: Size Cost 6" $15.00 per linear foot 8" $18.80 per linear foot 12. $24.00 per linear foot $29.70 per linear foot 16" $39.40 per linear foot Sec. 33-169(c) Service Fees Fee Fee During Normal After Normal Service Working Hours Working Hours a) Reconnection of discontinued $15.00 $30.00 service b) Removal fee for disconnecting $25.00 Not done after and removing a second meter normal working hours. c) Connection fee for resetting $15.00 $30.00 meter or restarting service d) Carding fee for shutting off $15.00 $30.00 in collection procedure e) Check leaky meters No Charge No Charge f) Frozen meters $15.00 + cost $30.00 + cost of meter repair of meter repair g) Shut-off service at curb & No Charge $30.00 + hourly check for exterior leaks rate for time over 2 hours �3 � Ordinance No. Page 6 h) Broken hydrant Repair Cost $30.00 + repair cost i) Location of water main for No Charge No Charge other utilities j) Location of water main for No Charge $30.00 + hourly private enterprise rate for time over 2 hours k) Meter accuracy check at $30.00 Not done after consumer's request normal working hours 1) Fire hydrant fee for inspection $50.00 Not done after and operation of fire hydrants normal working which are privately owned or hours owned by other governmental agencies. If service is requested outside normal working hours, a $30.00 after -hour fee shall be charged in addition to the normal working hour fee. In addition, when service time after hours exceed two hours, an additional charge will be added to cover equipment expense and actual employee wages, including overtime. The water service division's normal working hours are 8:00 a.m. to 4:00 p.m. daily. SECTION 3. SEVERABILITY: If any of the provisions of this Ordinance are for any reason declared illegal or void, then the lawful provisions of this Ordinance which are severable from said unlawful provisions, shall be and remain in full force and effect, the same as if the Ordinance contained no illegal or void provisions. SECTION 4. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. These are: SECTION 5. EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after its final passage and publication as by law. Passed and approved this ATTEST: CITY CLERK A r v d a t Form c . / Legal Department #3F It was moved by and seconded by that the Ordinance as read be be read upon roll call there were: AYES: NAYS: ABSENT: Ambrisco Balmer Courtney Horowitz Kubby Larson McDonald First Consideration Vote for passage: Second Consideration Vote for passage: Date published