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Home My WebLink About2009-03-24 Ordinance~k Prepared by: Christina Kuecker, Associate Planner, PCD, 410 E. Washington Street, Iowa City, IA 52240; (319)356-3243 (REZ08-00011) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 18.58 ACRES OF PROPERTY LOCATED NORTH OF ROHRET ROAD FROM INTERIM DEVELOPMENT SINGLE-FAMILY RESIDENTIAL (ID-RS) TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL, 44.29 ACRES FROM RURAL RESIDENTIAL (RR-1) TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL (RS-5) AND 79.27 ACRES FROM LOW DENSITY SINGLE-FAMILY RESIDENTIAL TO PLANNED DEVELOPMENT OVERLAY LOW DENSITY SINGLE-FAMILY RESIDENTIAL (OPD-5). (REZ08- 00011) WHEREAS, the applicant, S & J Development LLC, has requested a rezoning of property located north of Rohret Road and east of Slothower Road from Interim Development Single-Family Residential (ID-RS) to Low Density Single-Family Residential (RS-5), from Rural Residential (RR-1) to Low Density Single-Family Residential (RS-5) and from Low Density Single-Family Residential to Planned Development Overlay Low Density Single-Family Residential (OPD-5); and WHEREAS, the Comprehensive Plan indicates that the area is appropriate for single family housing; and WHEREAS, the applicant has requested a reduction in wetland buffers and wetland mitigation, which requires a Level II Sensitive Areas Review and Planned Development Overlay Rezoning. The Planning and Zoning Commission has reviewed the requirements for wetland buffer reduction and mitigation and has found that the proposal meets the requirements as outlined in Section 14-51-6 of the Iowa City Zoning Code; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for improvement of Rohret Road to City standards, a phasing plan for the subdivision, the vacation of the southern portion of Slothower Road, approval of the wetland mitigation plan, and a plan for the long-term maintenance of the wetland by the home owners' association; and WHEREAS, Iowa Code §414.5 (2007) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owner has agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of ID-RS to OPD- 5, RR-1 to OPD-5, and RS-5 to OPD-5: BEGINNING AT THE SOUTHWEST CORNER OF SOUTHWEST ESTATES SUBDIVISION -PART TWO, IOWA CITY, IOWA; THENCE S68°42'07"W, ALONG THE CENTERLINE OF ROHRET ROAD, 18.85 FEET; THENCE S67°18'23"W, ALONG SAID CENTERLINE, 131.42 FEET; THENCE S67°00'50"W, ALONG SAID CENTERLINE, 52.57 FEET; THENCE S60°26'59"W, ALONG SAID CENTERLINE, 88.13 FEET; THENCE S59 5646 W, ALONG SAID CENTERLINE, 172.96 FEET; THENCE S59°43'58"W, ALONG SAID CENTERLINE, 926.42 FEET; THENCE S59°44'45"W, ALONG SAID CENTERLINE, 653.90 FEET; THENCE N00°15'40"W, 973.23 FEET; THENCE N01°15'46"E, ° ~ ~~ 2,281.07 FEET; THENCE S89 4432 E, 361.42 FEET; THENCE N01°16'10'E, 361.50 FEET; THENCE S89°44'30"E, 354.25 FEET, TO THE NORTHWEST CORNER OF COUNTRY CLUB ESTATES SECOND Ordinance No. Page 2 ADDITION, IOWA CITY, IOWA; THENCE S14°51'48"E, ALONG THE WESTERLY LINE OF SAID COUNTRY CLUB ESTATES SECOND ADDITION, 221.57 FEET; THENCE S14°38'33"E, ALONG SAID WESTERLY LINE, 97.48 FEET; THENCE S00°07'09"E, ALONG SAID WESTERLY LINE, 75.66 FEET; THENCE S18°21'00"W, ALONG SAID WESTERLY LINE, 91.60 FEET; THENCE S20°38'15"W, ALONG SAID WESTERLY LINE, 126.29 FEET; THENCE S11°37'37"W, ALONG SAID WESTERLY LINE, 478.88 FEET, TO A POINT ON THE WESTERLY LINE OF COUNTRY CLUB ESTATES FIRST ADDITION, IOWA CITY, IOWA; THENCE N78°22'23"W, ALONG SAID WESTERLY LINE, 271.77 FEET; THENCE S33°57'16"W, ALONG SAID WESTERLY LINE, 170.83 FEET; THENCE S00°54'29"W, ALONG SAID WESTERLY LINE, 80.00 FEET; THENCE S16°43'33"E, ALONG SAID WESTERLY LINE, 83.79 FEET; THENCE S78°22'23"E, ALONG SAID WESTERLY LINE, 287.00 FEET; THENCE N11°37'37"E, ALONG SAID WESTERLY LINE, 170.36 FEET; THENCE S78°22'23"E, ALONG SAID WESTERLY LINE, 120.00 FEET; THENCE S11°37'37"W, ALONG THE SOUTHERLY LINE OF SAID COUNTRY CLUB ESTATES FIRST ADDITION, 60.33 FEET; THENCE S78°22'23"E, ALONG SAID SOUTHERLY LINE, 60.00 FEET; THENCE NORTHEASTERLY, 39.27 FEET, ALONG SAID SOUTHERLY LINE, AND AN ARC OF A 25.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 35.36 FOOT CHORD BEARS N56°37'37"E; THENCE S78°22'23"E, ALONG SAID SOUTHERLY LINE, 45.55 FEET; THENCE SOUTHEASTERLY, 31.07 FEET, ALONG SAID SOUTHERLY LINE, AND AN ARC OF A 325.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 31.06 FOOT CHORD BEARS S81°06'43"E; THENCE S03°20'14"W, ALONG SAID SOUTHERLY LINE, 126.16 FEET; THENCE S88°32'31"E, ALONG SAID SOUTHERLY LINE, 226.92 FEET; THENCE S01°27'29"W, 10.15 FEET; THENCE N81°43'30"E, 169.98 FEET; THENCE S19°45'01"E, 386.21 FEET, TO A POINT ON THE WESTERLY LINE OF SAID SOUTHWEST ESTATES SUBDIVISION - PART TWO; THENCE S68°04'47"W, ALONG SAID WESTERLY LINE, 260.00 FEET; THENCE S46°03'38"E, ALONG SAID WESTERLY LINE, 330.10 FEET; THENCE S53°55'32"E, ALONG SAID WESTERLY LINE, 235.85 FEET; THENCE S21°17'53"E, ALONG SAID WESTERLY LINE, 412.93 FEET, TO SAID POINT OF BEGINNING, CONTAINING 79.27 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 20 ATTEST: MAYOR Approved by' G~G~ ~~ City Attorney's Office „/Z~~~~ CITY CLERK Prepared by: Christina Kuecker, Associate Planner, PCD, 410 E. Washington Street, Iowa City, IA 52240; (319)356-3243 (REZ08-00011) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and S & J Development LLC (hereinafter "Owner"); WHEREAS, Owner is the legal title holder of approximately 79.27 acres of property located north of Rohret Road and East of Slothower Road; and WHEREAS, the Owner has requested the rezoning of said property from Interim Development Single-Family Residential (ID-RS) to Low Density Single-Family Residential (RS-5), from Rural Residential (RR-1) to Low Density Single-Family Residential (RS-5) and from Low Density Single- Family Residential to Planned Development Overlay Low Density Single-Family Residential (OPD-5); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding the improvement of Rohret Road to City standards, a phasing plan for the subdivision, the vacation of the southern portion of Slothower Road, approval of the wetland mitigation plan, and a plan for the long-term maintenance of the wetland by the home owners' association, the zoning is in conformance with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2007) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan, to address increased traffic demands by improving of Rohret Road to City standards, to provide for orderly development of the subdivision, to mitigate double and/or triple fronting lots, and to plan for wetland mitigation and to provide for long-term wetland maintenance; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. S & J Development LLC is the legal title holder of the property legally described as follows: BEGINNING AT THE SOUTHWEST CORNER OF SOUTHWEST ESTATES SUBDIVISION -PART TWO, IOWA CITY, IOWA; THENCE S68°42'07"W, ALONG THE CENTERLINE OF ROHRET ROAD, 18.85 FEET; THENCE S67°18'23"W, ALONG SAID CENTERLINE, 131.42 FEET; THENCE S67°00'50"W, ALONG SAID CENTERLINE, 52.57 FEET; THENCE S60°26'59"W, ALONG SAID CENTERLINE, 88.13 FEET; THENCE S59°56'46"W, ALONG SAID CENTERLINE, 172.96 FEET; THENCE S59°43'58"W, ALONG SAID CENTERLINE, 926.42 FEET; THENCE S59°44'45"W, ALONG SAID CENTERLINE, 653.90 FEET; THENCE N00°15'40"W, 973.23 FEET; THENCE N01°15'46"E, 2,281.07 FEET; THENCE S89°44'32"E, 361.42 FEET; THENCE N01 °16'10'E, 361.50 FEET; THENCE S89°44'30"E, 354.25 FEET, TO THE NORTHWEST CORNER OF COUNTRY CLUB ESTATES SECOND ADDITION, IOWA CITY, IOWA; THENCE S14°51'48"E, ALONG THE WESTERLY LINE OF SAID COUNTRY CLUB ESTATES SECOND ADDITION, 221.57 FEET; THENCE S14°38'33"E, ALONG SAID WESTERLY LINE, 97.48 FEET; THENCE S00°07'09"E, ALONG SAID WESTERLY LINE, 75.66 FEET; THENCE S18°21'00"W, ALONG SAID WESTERLY LINE, 91.60 FEET; THENCE S20°38'15"W, ALONG SAID WESTERLY LINE, 126.29 FEET; THENCE S11°37'37"W, ALONG SAID WESTERLY LINE, 478.88 FEET, TO A POINT ON THE WESTERLY LINE OF COUNTRY CLUB ESTATES FIRST ADDITION, IOWA CITY, IOWA; THENCE N78°22'23"W, ALONG SAID WESTERLY LINE, 271.77 FEET; THENCE S33°57'16"W, ALONG SAID WESTERLY LINE, 170.83 FEET; THENCE S00°54'29"W, ALONG SAID WESTERLY LINE, 80.00 FEET; THENCE S16°43'33"E, ALONG SAID WESTERLY LINE, 83.79 FEET; THENCE S78°22'23"E, ALONG SAID WESTERLY LINE, 287.00 FEET; THENCE N11°37'37"E, ALONG SAID WESTERLY LINE, 170.36 FEET; THENCE S78°22'23"E, ALONG SAID WESTERLY LINE, 120.00 FEET; THENCE S11 °37'37"W, ALONG THE SOUTHERLY LINE OF SAID COUNTRY CLUB ESTATES FIRST ADDITION, 60.33 FEET; THENCE S78°22'23"E, ALONG SAID SOUTHERLY LINE, 60.00 FEET; THENCE NORTHEASTERLY, 39.27 FEET, ALONG SAID SOUTHERLY LINE, AND AN ARC OF A 25.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 35.36 FOOT CHORD BEARS N56°37'37"E; THENCE S78°22'23"E, ALONG SAID SOUTHERLY LINE, 45.55 FEET; THENCE SOUTHEASTERLY, 31.07 FEET, ALONG SAID SOUTHERLY LINE, AND AN ARC OF A 325.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 31.06 FOOT CHORD BEARS S81 °06'43"E; THENCE S03°20'14"W, ALONG SAID SOUTHERLY LINE, 126.16 FEET; THENCE S88°32'31"E, ALONG SAID SOUTHERLY LINE, 226.92 FEET; THENCE S01 °27'29"W, 10.15 FEET; THENCE N81 °43'30"E, 169.98 FEET; THENCE S19 45 01 E, 386.21 FEET, TO A POINT ON THE WESTERLY LINE OF SAID SOUTHWEST ESTATES SUBDIVISION - PART TWO; THENCE S68°04'47"W, ALONG SAID WESTERLY LINE, 260.00 FEET; THENCE S46°03'38"E, ALONG SAID WESTERLY LINE, 330.10 FEET; THENCE S53°55'32"E, ALONG SAID WESTERLY LINE, 235.85 FEET; THENCE S21 °17'53"E, ALONG SAID WESTERLY LINE, 412.93 FEET, TO SAID POINT OF BEGINNING, CONTAINING 79.27 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Southwest District Plan. Further, the parties acknowledge that Iowa Code §414.5 (2007) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration for the City's rezoning the subject property, Owner agrees)that development of the subject property will conform to all requirements of the Iowa City Zoning Code, as well as the following conditions (all lot and addition numbers are in reference to the preliminary plat received January 30, 2009): a. Owner shall, during the first phase of development, improve the portion of Rohret Road adjacent to lots 1 and 38 to City standards at Owner's expense and extend Lake Shore Drive from its current terminus to Rohret Road. b. Development of the Seventh Addition (lots 112-139) and Eighth Addition (lots 140-170) shall not occur until the improvements of the remainder of Rohret Road are in the CIP and the Owner pays its fair share (12.5%) of the improvements. 2 c. The Seventh and Eighth Addition shall be developed only after the Third through Sixth Additions are completed, unless Rohret Road is improved adjacent to the proposed development prior to or simultaneously with their construction. d. The portion of Slothower Road from the northern boundary of Lot 119 south to Rohret Road shall be vacated prior to the development of the Seventh Addition and Lots 152 - 170 in the Eighth Addition. If this portion of Slothower Road is not vacated, the area shall not be preliminary platted until an alternate design is created that eliminates the double fronting lots. e. The Wetland Mitigation Plan shall be approved by the U.S. Army Corps of Engineers. f. Along term maintenance plan for the wetland private open space by the Home Owners' Association shall be included in the Subdivider's Agreement entered into by the City and the Owner at the time the City approves the final plat for any portion of this development. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2007), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this ~y of , 20 OWNER~~// CITY OF IOWA CITY S & J D ~ment, LLC BY. Regenia D. Bailey, Mayor 3 By Marian K. Karr, City Clerk Approved by: ~~~ ~~~ City Attorney's Office ~~~~ l~ ~ LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this /~ day of ~r 2009, by ~jria n S ~r (name) as rhGCn (title) of S&J Development, LLC. ~'~.3 ay Nota Public in and for the State of Iowa CITY OF IOWA CITY ACKNOWLEDGEMENT: State of Iowa, County of Johnson, ss: On this day of 2009, before me, the undersigned, a notary public for the state of Iowa, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa 4 ~ ~ ...~ Prepared by: Daniel Scott, Civil Engineer, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5144 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 16, CHAPTER 3 ENTITLED "CITY UTILITIES" OF THE CITY CODE OF IOWA CITY, IOWA, BY ADOPTING A NEW SECTION 16-3B-9 ENTITLED "PROJECT SPECIFIC TAP-ON FEE FOR THE DANE ROAD TRUNK SEWER PROJECT." WHEREAS, Section 16-36-1 through 16-36-3 of the City Code of Iowa City, Iowa authorizes the City to adopt and implement project specific tap-on fee ordinances to provide for the equitable apportionment of costs associated with extension of public utilities; and WHEREAS, collection of costs by way of a tap-on fee ordinance must be based on actual project costs; and WHEREAS, the City completed construction of the Dane Road Trunk Sewer, to serve the area southwest of the Iowa City Airport and south of U.S. Highway 1, and the cost of construction is now subject to formal collection via the "tap-on fee structure"; and WHEREAS, it is in the public interest to equitably apportion the costs associated with extension of sanitary sewer to those properties benefited by the extension. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 16, Chapter 3 entitled "City Utilities" of the Code of Ordinances of the City of Iowa City, Iowa , is hereby amended by adopting a new section 16-36-9 to read as follows: 16-36-9: PROJECT SPECIFIC TAP-ON FEE FOR THE DANE ROAD TRUNK SEWER PROJECT: A. General Project Description: 1. The Dane Road Trunk Sewer serves the area located west of the Iowa City Airport and south of US Highway 1. The Dane Road Trunk Sewer Project included the construction of 32 manholes and 10,846' of sanitary sewer pipe with pipe diameter ranging from eight inch (8") to thirty inch (30") and included the removal of the W.B. Development Lift Station. Areas currently not within the City's boundary, when annexed, will be served by this trunk sewer. 2. The City Council determined that installation of the Project would facilitate development of the south west side of Iowa City as designated in Figure 1 of this Section and encourage compact development with sanitary sewer service provided at reasonable cost. B. Actions Taken By City Council In Approving The Project: 1. On October 8, 2001, the City Council adopted Resolution 01-328 authorizing an agreement with Earth Tech Inc. to design the sewer for the Dane Road Trunk Sewer Project. On February 18, 2003, the City Council held a public hearing on the plans, specifications, form of contract, and cost estimate. Following the public hearing, the City Council passed Resolution 03-61 approving the plans and specifications of the Project and authorizing advertisement for bids. The City Council awarded the Project construction contract to Metro Pavers Inc. on June 10, 2003, by Resolution 03-185. The City Council accepted the work for the Project improvements on February 1, 2005, by Resolution 05-53. 2. The City Council authorized the issuance of sewer revenue bonds as interim financing to pay the construction costs of the Project in Resolution 03-302. C. Total Project Cost: The total actual cost of the project, as certified by the City Engineer, is $1,549,007.24. This cost includes $228,346.72 in interest costs. D. Total Area Benefited: Total Benefited Area: The Project benefits a total of three hundred eighty-eight and six-tenths (388.6) acres. The benefited area has been divided into two (2) subareas labeled "A" and "B" since the area is bisected by U.S. Highway 218 Right-of-Way (see Figure No. 1 of this Section). E. Building Permits: All tap-on fees must be paid prior to connection to the City's sanitary sewer. No building permits shall be issued for any parcel or tract of land located in the benefited area until the property owner or building permit applicant pays the tap-on fee for that parcel or tract. F. Schedule Of Fees: The following table lists the tap-on fee per acre for the two (2) subareas in the benefited area. The fee reflects the actual costs of the benefits associated with each subarea and are in addition to any other project-specific tap-on fees established. Ordinance No. Page 2 Subarea Acres Fee Per Acre A 168.5 $3,986.12 B 220.1 $3,986.12 G. Agreements With Developers: The City may, in its discretion, enter into agreements with developers subdividing property in the benefited area, to allow equalization of the tap-on fees among the lots in the subdivision, including agreement for the prepayment of tap-on fees and development sequencing. Such agreements shall not in any way alter the requirements regarding building permits set forth in subsection E of this Section. H. Maps And Illustrations: 1. Figure No. 1: General boundary map of the Project area showing location of benefited properties divided into two (2) subareas and the location of the constructed Project. 2. Figure No. 2: Legal description of the properties benefited by the construction of the Project. 3. Figure No. 3: Legal description of the Project. A plat of the Project has been recorded in the office of the Johnson County Recorder as denoted in Book 49, Page 34 and is also on file in the office of the City Engineer. Said plat is incorporated herein by reference. 4. Figure No. 4: City Engineer's cost certification. 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 day of , 20 MAYOR ATTEST: CITY CLERK Appr ved by City Attorney's Office 3~~1v~, Ordinance No. Page 3 It was moved by adopted, and upon roll call there were: AYES: NAYS: and seconded by ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright the Resolution be First Consideration 3 / 10 / 2009 Vote for passage: AYES: Champion, Correia, Hayek, O'Donnell, Wilburn, Wright, Bailey. NAYS: None. ABSENT: None. Second Consideration 3 / 4 / 2009 Vote for passage: AYES: Correia, Hayek, O'Donnell, Wilburn, Wright, Bailey, Champion. NAYS: None. ABSENT: None. Date published pweng/ordITAPONFEE/daneroad-titlel6.doc Figure No. 1 ,d/// f ! / , / ,p%/~///////// / ~ 1 ~ V l• y1~~ 0 >.~ .o ° .~ ~~a Sub Area ° r ,. o B 1 1 .~~~~~ • ~ ~ ~ .n ' . Sub Area A Gsyyy ~I ?j~ Dane Road Trunk Sewer Sub Area Area A, 168.5 g, 220.1 Total 388.6 0 -Dane Road Trunk Sewer 0 N ~ooo o ,o ~~~ o Scale t' = 1000' 1 Figure No. 2 LEGAL DESCRIPTION OF PROPERTIES BENEFITED BY THE DANE ROAD TRUNK SEWER Areas in the Northeast Quarter Section 29, Township 79 North, Range 6 West of the Fifth Principal Meridian: 1. That part of the Northeast Quarter, Northeast Quarter lying Southwesterly of Primary Road 518 (Hwy 218). 29.7 acres. 2. The North 870 feet of the Southeast Quarter, Northeast Quarter. 26.4 acres. 3. The North 870 feet of the West 625 feet of the Southwest Quarter, Northeast Quarter. 12.5 acres. 4. That part of the Northwest Quarter, Northeast Quarter except the South 825 feet of the West 690 feet. 26.9 acres. 5. .That part of the Northeast Quarter, Northeast Quarter lying Northeasterly of Primary Road 518 (Hwy 218) right of way. 2.9 acres. Areas in the Northwest Quarter Section 29, Township 79 North, Range 6 West of the Fifth Principal Meridian: 1. The North 495 feet of the East 355 feet of the Northwest Quarter. 4.0 acres. Areas in the Southwest Quarter Section 20, Township 79 North, Range 6 West of the Fifth Principal Meridian: 1. That part of the Southeast Quarter, Southwest Quarter lying Southeasterly of State Highway 1. 27.0 acres Areas in the Southeast Quarter Section 20, Township 79 North, Range 6 West of the Fifth Principal Meridian: 1. That part of the Southeast Quarter lying Southwesterly of State Highway 1 and Primary Road 518 (Hwy218) right of way. 42.0 acres. 2. That part of the Southeast Quarter lying Northeasterly of State Highway 1 and Primary Road 518 (Hwy218) right of way. 73.5 acres. Areas in the Northeast Quarter Section 20, Township 79 North, Range 6 West of the Fifth Principal Meridian: 1. That part of the Northeast Quarter lying Southerly of the Iowa City Municipal Airport and State Highway 1 right of way. 8.7 acres. Areas in the Southwest Quarter Section 21, Township 79 North, Range 6 West of the Fifth Principal Meridian: 1. That part of the Southwest Quarter 21 except the North 600 feet .there of . 123.6 acres. Areas in the Southeast Quarter Section 21, Township 79 North, Range 6 West of the Fifth Principal Meridian: 1. The South 720 feet of the West 345 feet of the Northwest Quarter, Southeast Quarter. 5.7 acres. Areas in the Northwest Quarter Section 28, Township 79 North, Range 6 West of the Fifth Principal Meridian: The North 425 feet of the West 580 feet of the Northwest Quarter. 5.7 acres. TOTAL AREA OF BENEFITED PROPERTIES = 388.6 ACRES Figure No. 3 LEGAL DESCRIPTION OF THE DANE ROAD TRUNK SEWER PROJECT Alignment 1 Dane Road Trunk Sewer Alignment 1 is a part of the Southeast Quarter Section 20, and the South Half Section 21, Township 79 North, Range 6 West of the Fifth Principal Meridian, further described as follows: Commencing at the South Quarter Corner of Section 20; thence N 00°13'50" E along the West line of the Southeast Quarter of said Section 20, 588.85 feet; thence S 89°46'10" E 36.79 feet to a sanitary sewer manhole and the Point of Beginning; thence S 89°39'50" E along the centerline of the sanitary sewer 199.23 feet; thence S 88°51'34" E along said centerline 420.83 feet; thence N 89°48'03" E along said centerline 265.01 feet; thence S 89°43'53" E along said centerline 255.85 feet; thence S 68°33'03" E along said centerline 245.66 feet; thence S 32°09'06" E along said centerline 152.41 feet; thence N 53°48'50" E along said centerline 415.85 feet; thence S 71°19'13" E along said centerline 331.39 feet; thence S 71°49'06" E along said centerline 315.05 feet; thence N 89°48'18" E along said centerline 268.48 feet to manhole which is 388.47 feet North and 54.43 feet East of the Southeast Corner Section 20; thence N 00°11'34" E along said centerline 162.68 feet; thence N 11°55'02" E along said centerline 404.31. feet; thence N 2°46'30" E along said centerline 242.62 feet; thence N 82°51'46" E along said centerline 519.06 feet; thence N 81°53'54" E along said centerline 329.19 feet; thence N 3°46'40" W along said centerline 61.36 feet; thence N 84°04'32" E along said centerline 575.88 feet; thence N 84°14'38" E along said centerline 545.87 feet; thence N 83°49'54" E along said centerline 595.54 feet to a manhole which is 1483.96 feet North and 62.98 East of the South Quarter Corner of Section 21; thence N 84°59'57" E along said centerline 587.04 feet; thence N 0°45'15" W along said centerline 41.50 feet to the Point of Termination; For the purpose of this description the West line of the Southeast Quarter Section 20 is assumed to bear N00°13'50"E. Alignment 2 Dane Road Trunk Sewer Alignment 2 is a part of the Northeast Quarter Section 20, and the Northwest Quarter Section 21, Township 79 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa further described as follows: Commencing at the East Quarter Corner of said Section 20; thence N 00°17'56" E along the East line of the Northeast Quarter of said Section 20, 1420.85 feet; thence N 90°00'00" E 39.22 feet to a Sanitary Sewer manhole and the Point of Beginning; thence S 35°14'41" W along the centerline of the Sanitary Sewer 398.05 feet; thence S 59°08'38" W along said centerline 400.38 feet; thence S 57°09'20" E along said centerline 399.83 feet; thence S 43°16'20" W along said centerline 399.46 feet; thence S 30°54'20" E along said centerline 350.83 feet to the Point of Termination. For the purpose of this description the East line of the Northeast Quarter of Section 20 is assumed to bear N 00°17'56" E. Alignment 3 Dane Road Trunk Sewer Alignment 3 is a part of the Southeast Quarter Section 20, and the Southwest Quarter Section 21, Township 79 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, further described as follows: Commencing at the East Quarter Corner of said Section 20; thence S 00°09'12" W along the East line of the Southeast Quarter of said Section 20, 1043.61 feet; thence N 90°00'00" W, 89.48 feet to a Sanitary Sewer Manhole and the Point of Beginning; thence S 64°29'04" E along the centerline of the Sanitary Sewer 228.29 feet; thence S 71°33'48" E along said centerline 222.78 feet; thence S 79°55'00" E along said centerline 289.94 feet; thence S 88°52'53" E along said centerline 258.99 feet; thence N 84°50'44" E along said centerline 112.09 feet to the Point of Termination. For the purpose of this description the East line of the Southeast Quarter of Section 20 is assumed to bear S 00°09'12" W. 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C a~4m= ~ `~ ~~a ~+~ c <t n~.~,,AA C p ~ ~ o S Q S S~ '„ ~G'~eG1..'~ w n v }v ~~.~ ; ZpA ~ T ~ry M~ l~ N ~ ~ Jo ~; l J4 ~ O ~ ~~ ~~ g s .R ~~~ r«., ., ~~ .1,»,z m+ nnMnM~ hg y. . ~ ta~~tCit~~4iC ~ ~ ~ 8~ c ~~~~~~ ~ ~=~ ~a~o + ~ N ~~~~ u ' 'E ~~ ~~~~ »z ~ ~ ~ n ~ w d ~ ro~~ti~» ~~~`^~ ~~N~ ~ ~g !5^ y Z ~~~am~ ~ ~~ ~W9~ ~ a$^ ggn~~+n ~2D'"' ~~53 tS] _SSu ~i]3 ~~, MS SAw~ ~~~i~ ~ ~~ ~x° H~ ~ ~~ aly~mro ` ~~ X $~~~~ war w$ N± Po w N q0 ~ 7 l J ~ A ~~ ~go n ~ ~ ~ S~ ~ 4 n ~ ~s '. z rosso~ 3SSO01 //~~~tw Diwl ~J ~ ~ N a~: ~ ••6 ~o I~J~Os ~< OrP i o ma ~ ~~-r~Nm7 W«6o8: ~~sm ao $' n o< __ "m°n o•• m~ Figure No. 4 COST CERTIFICATION I, Ronald R. Knoche, City Engineer for the City of Iowa City, Iowa, hereby certify that the construction of the Dane Road Trunk Sewer has been completed in substantial accordance with the approved plans and specifications. I further certify that the total actual cost of the Dane Road Trunk Sewer Project is $1,549,007.24. 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F- H Z flJ C1.~a ml ~~ ~q ~.. ~ I tU o-Z. W ~~ w ~, ~ N a; ~ ml ~ °~ W y Z S W Z ~. h ~^ H ~~ ~I-WAD y a.Q .t~jx Z U _ _ ~ ~~ W N N t,. 3 .OS,p£T.00 ,S$'88S ~~ ~~ ~ ~c ~~ ~yy 7a R ~W U d Q F: 0 Prepared by: Daniel Scott, Senior Engineer, 410 E. Washington St., Iowa City, IA 52240; 319-356-5144 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 16, CHAPTER 3 ENTITLED "CITY UTILITIES" OF THE CITY CODE OF IOWA CITY, IOWA, BY ADOPTING A NEW SECTION 16-3B-10, ENTITLED "PROJECT SPECIFIC TAP-ON FEE FOR THE SCOTT PARK TRUNK SEWER PROJECT" WHEREAS, Section 16-3B-1 through 16-36-3 of the City Code of Iowa City, Iowa authorizes the City to adopt and implement project specific tap-on fee ordinances to provide for the equitable apportionment of costs associated with extension of public utilities; and WHEREAS, collection of costs by way of a tap-on fee ordinance must be based on actual project costs; and WHEREAS, the City has completed construction of the Scott Park Trunk Sewer to serve the northeast side of Iowa City and the cost of the project is now subject to formal collection via the "tap-on fee structure"; and WHEREAS, it is in the public interest to equitably apportion the costs associated with extension of sanitary sewer to those properties benefited by the extension. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. AMENDMENT. Title 16, Chapter 3 entitled "City Utilities" of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended by adopting a new section 16-36-10 to read as follows: 16-3B-10: PROJECT SPECIFIC TAP-ON FEE FOR THE SCOTT PARK TRUNK SEWER PROJECT: A. General Project Description: 1. The Scott Park Trunk Sewer Project ("Project") provides gravity sanitary sewer to areas northeast of Court Street and Scott Boulevard to Rochester Avenue. This trunk sewer is an extension of sanitary sewer to areas that previously could not be served by gravity sewer and was made possible by the upgrade of the Court Hill Trunk Sewer. The Project included the construction of fourteen (14) manholes and 3,250 linear feet of sanitary sewer pipe ranging from eight inch (8") to eighteen inch (18") in diameter. 2. The City Council determined that the Project would facilitate development of the northeast side of Iowa City as designated in Figure 1 of this section and encourage compact, contiguous development in the area with sanitary sewer service provided at a reasonable cost. B. Actions Taken by City Council in Approving the Project: 1. On August 19, 2003, the City Council held a public hearing on the plans, specifications, form of contract, and cost estimate. Following the public hearing the City Council passed Resolution 03-213 approving the Project and fixing the date for bids. The City Council awarded the Project construction contract to Bockenstedt Excavating, Inc. on September 23, 2003, via Resolution 03-297. The City Council accepted the work for the Project on May 18, 2004, via Resolution 04-147. C. Total Project Cost: The total actual cost of the Project, as certified by the City Engineer, is $222,769.62. D. Total Area Benefited: The Project benefits a total of 214.56 acres (see Figure 1). E. Building Permits: All tap-on fees must be paid prior to connection with the City's sanitary sewer. No building permits shall be issued for any parcel or tract of land located in the benefited area until the property owner or building permit applicant pays the tap-on fee for that parcel or tract. F. Schedule of Fees: The tap-on fee for the benefited area shall be $1,038.26 per acre. The fee reflects the actual costs of the benefits associated with the area and is in addition to any other project specific tap-on fees established. G. Agreements With Developers: The City may, in its discretion, enter into agreements with developers subdividing property in the benefited area to allow equalization of the tap-on fees among the lots in the subdivision, including agreement for the prepayment of tap-on fees and development sequencing. Such agreements shall not in any way alter the requirements regarding building permits set forth in Subsection E. H. Properties Exempt From Project Specific Tap-On Ordinance: This Project serves 10.03 acres of existing development. No tap-on fees will be charged to residents in this area, which includes the addresses on Hummingbird Lane south of Lower West Branch Road. I. Maps and Illustrations: Ordinance No. Page 2 1. Figure 1 -General boundary map of the project area showing location of the benefited properties, exempt properties, and the location of the constructed Project. 2. Figure 2 -Legal description of the properties benefited by the construction of the Project. 3. Figure 3 -Legal description of the Project. A plat of the Project has been recorded in the office of the Johnson County Recorder as denoted in Book 49, Page 33 and is also on file in the office of the City Engineer. Said plat is incorporated herein by reference. 4. Figure 4 -City Engineer's cost certification. 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 day of , 2009. MAYOR ATTEST: CITY CLERK Approved by s fa~~ City Attorney's Office ~( ~~d ~ It was moved by and seconded by be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright that the Ordinance as read First Consideration 3 / 10 / 2009 Vote for e: AYES: Correia, Hayek, O'Donnell, Wilburn, Wright, Bailey, Champion. NAYS: None, A~~~: None. Second Consideration 3/24/2009 Vote for passage: AYES: Hayek, O'Donnell, NAYS: None. ABSENT: None. Date published Wilburn, Wright, Bailey, Champion, Correia. pweng\ord\taponfee\scott park.doo Figure 1 GENERAL BOUNDARY MAP - v~^^~^a ~ ~ `~~ ~~ Not to Scale ~ e - ~ ^ ~~ ~ .~ ^ < • ^ 1 r• Benefitted = ~ ~ • • ^ Properties ~,r ~ ~ _ ~ 1 ^ ~ ~ • =~11 I I .~ I ^ ^ • ^ R Scott Park Trunk = ^ ~ " Sanitary Sewer '~ I I ~" ^ ~ ^ ^ ~~'~ ~ ^ a m ,~ '~ ^ ^ ^ ^ ., ^ EKE ~' ^ DES ~ ~ I L~II~II - ~ Properties ~O - __.,` Exempt O~ _ I..~..1.,= t T j He/en Lemme School ~ ~'SG sT r-, 7 ~ ~ I I I ~ I } ^ ^ ^ ^ ^ m ANN ^ ^ ^ n ^ ^ -AARy CT ~ ' I ^`~~`3 J ^0 ^ GUSTAV ST -~~A~ y{t ~~ ^ qR PHYLLIS ~ ^ t , ~~ ~ -~^^w ^ _. , Y COURT ST --~~` ti / VI 1 .~ -~~ ~ Scott Parke Figure No. 2 Property Address Legal Description Area (acres) 3405 ROCHESTER AVE COM ON S LINE HWY 1 34' E 1.02 OF W LINE 7-79-5 E 149.73' S 299.4' W 149.73' N 299.4' TO BEG THAT PART OF W 300' SW NW 3500 LOWER WEST BRANCH RD DESC AS AUD. PAR. #97040 IN 2.38 SURVEY BK 37 PG 347 COMM C/L OF OLD HWY 1 3661 ROCHESTER AVE 807.3' NELY OF INTERSECTION WITH W/L 7-79-5;S 296.77' TO 4.00 BEG.; S 404'; E 432'; N 404'; W 432' TO POB LOT 1 EXCEPT LAND CONVEYED 4643 HERBERT HOOVER HWY SE TO JOHNSON COUNTY IN BOOK 997 7.90 TEGLER SUBDIVISION 4640 LOWER WEST BRANCH RD SE LOT 2 13.92 COMM AT PT OF INTER S ROW LINE OF HWY 1 & W LINE OF W 4653 HERBERT HOOVER HWY SE 1/2 NE NW; THENCE S 144'; E 0.54 145';N 181.95'; THENCE SWLYALONG ROAD TO BEG .54A TRACT "B" OF BOUNDARY 4665 HERBERT HOOVER HWY SE SURVEY AS DESCRIBED 10.95 INBOOK 29, PAGE 67 E 1/2 NE NW EXCEPT LAND 4679 HERBERT HOOVER HWY SE CONVEYED IN BOOK 998 18.55 PAGE 460 AS EASEMENT TO JOHNSON COUNTY COM NE COR SW W 1639.8' 4641 LOWER WEST BRANCH RD SE TO PT OF BEG; S 218' W 100' 0.50 N 218' E100' TO BEG Property Address Leal Description Area (acres) 4659 LOWER WEST BRANCH RD SE COM NE COR SW SEC N 87DEG 45' W ALONG N LINESW 954.7' TO BEGS 2 DEG 15' W 321.4' N 87 DEG 45'W249.1'N2DEG15'E 321.4' S 87 1.84 COM NE COR SW N 87 DEG45' 4667 LOWER WEST BRANCH RD SE W ALONG N LINE SW 707.5' TO 1.83 BEGS2DEG 15'W321.4'N87 DEG 45' W 247.2' N 2 DEG 15' E 321.4' S 87 DEG 4694 LOWER WEST BRANCH RD SE E 10A SE NW 9.60 "290 HUMMINGBIRD LN 1285--1 ROYCE'S FIRST 1.00 SUBDIVI SION LOT 1 COM 2045.12' N OF SW COR 7- " 164 HUMMINGBIRD LN 79-5;E 769.70T0 PT OF BEGS 0.77 110'; E 303.59';N 110';W 303.59'TO BEG 0.77AC COM AT A PT ON C/L RD 2045.12'N 140 HUMMINGBIRD LN OF SW COR 7-79-5; E 769.70';S ODEG 01'W 110' TO PT OF BEG;E 0.98 303.59';S 140'; S 140';W 303.59'; COM 2045.12'N & 769.TE OF SW * 110 HUMMINGBIRD LN COR 7-79-5 S 240-TO PT OF BEG; E 0.98 303.59'; S 140THEN CE W 303.59'; N 140' TO BEG 0.98 AC 1668--2 LYMAN * 66 HUMMINGBIRD LN SUBDIVISION LOT 2 1.30 * 32 HUMMINGBIRD LN Property Address ROCHESTER HEIGHTS SUBDIVISION OLDE TOWNE VILLAGE SUBDIVISION LINDEMAN SUBDIVISION PARTS 3 & 4 1668--1 LYMAN SUBDIVISION LOT 1 Leal Description LOTS 21 - 60 LOTS 1 - 49 LOTS 63 - 166 1.00 Area (acres) 13.75 33.21 63.19 TOTAL 183.19 acres " EXEMPT -HUMMINGBIRD LANE total acres = 6.03 Figure No. 3 Scott Park Trunk Sewer is a part of the Northwest Quarter and the Southwest Quarter Section 7, Township 79 North, Range 5 West of the Fifth Principal Meridian, further described as follows: Commencing at the West Quarter Corner of Section 7 a cut X in the road; thence N01 °06'32"W along the West line of Section 7 564.26 feet; thence N90°00'00"E 52.98 feet to a sanitary sewer manhole the Point of Beginning; thence N88°55'04"E along the centerline of the sanitary sewer 173.85 feet; thence N88°28'47"E along said centerline 157.16 feet; thence S50°42'24"E along said centerline 401.59 feet; thence S50°41'43"E along said centerline 199.52 feet; thence S75°55'31 "E along said centerline 138.35 feet; thence S45°10'49"E along said centerline 302.45 feet; thence S19.°21'15"E along said centerline 220.90 feet; thence S32°15'06"E along said centerline 381.82 feet; thence S10°37'09"E along said centerline 400.08 feet; thence SN11°13'53"E along said centerline 240.34 feet; thence S78°19'33'E along said centerline 119.56 feet; thence S11°29'17"E along said centerline 248.16 feet; thence S10°59'19"E along said centerline 265.60 feet the Point of Termination; For the purpose of this description the West line of the Northwest Quarter Section 7 is assumed to bear N01 °06'32"W. FIGURE 4 COST CERTIFICATION I, Ronald R. Knoche, City Engineer for the City of Iowa City, Iowa, hereby certify that construction of the Scott Park Trunk Sewer Project has been completed in substantial conformance with the approved plans and specifications. further certify that the total actual cost for the Scott Park Sanitary Trunk Sewer Project is $222,769.62. Ronald R. Knoche, P.E. 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O S7 vWi ~ M H H a° H °a °a ~~~~ v ~~ ~ w R p 3~~5 ¢ ~ C ~ ~ ~ ~ `Bq ~ O@ ~ ~ ~q 'I .._ y~ ~ ~ ~ i ~ p p =i~i~ p !,t 7 ~i A ~i ~~,oa~~oR.,~ •, ` `'~ •. ii ~ • • ~ Q ~ ~ ~ ~ .*~~ d • i O ~ . ~ ~ ~ • 1 0 N W ppLL A Y N ~J (j F- W ~ W F- li F- ti F- lL F- ~ F- L~ H L~. H ~ ~ Lc ~ W F- W .F- L~ Q ~ .~O p~ ~'U M ;N ~ N (n ~ tD. ~ N fh r o U+ OD a 'N CAD o ~ p' W W' W LJ W W.: W W. W W W W W Z . o • 'V' . N ~ (~ ,tea. lf) p c ('~. M n ;0~ 1- IfY ~ m ~ iCLJ ~ rr mil' ~. U)' ' 4 .. ..~ ~ ~: r+ ~^ M U1 .-~ ~ 'p~. ,W ~ 00 a1 00. CD: c IA O .ln afl ~ .~ d' ~ .-. N M o ~ '. ~ ~ h .~ o .~ A Z Z' V1 Vi H ti y N H fA (/~ y .y OC LJi va o .r N ('7. r•.~~.~~-7......., ~ ~ ~ttir ~ ry r i ~ '•~ ;,_ •~, . ~t ,, Yfp ~ ........_. ^~ '' 1 u~ m n i p~A t U O U H A ~t N t~. r Vk (Y~ N N w w Y Z f- Y Z ~ Y ~ Z ~ ~ W Y ~~ W -~ O Cn .~ Fl~b~ ~~~ ::~ ~~~ { $ ~ i x~ ~~~ g~ S W ~w~ ~ . Iii. ~~::~ O O t!7 O O ~~ O ~ a--1 Q1 U FIGURE 4 COST CERTIFICATION I, Ronald R. Knoche, City Engineer for the City of Iowa City, Iowa, hereby certify that construction of the Scott Park Trunk Sewer Project has been completed in substantial conformance with the approved plans and specifications. I further certify that the total actual cost for the Scott Park Sanitary Trunk Sewer Project is $222,769.62. ' i~~'/ ~• Ronald R. Knoche, P.E. City Engineer pweng\ord\taponfee\scott pad<.doc DEFEATED 3/24J2009 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 11, ENTITLED "FARMER'S MARKET," TO ALLOW THE FARMERS MARKET TO TAKE PLACE AT LOCATIONS OTHER THAN CHAUNCEY SWAN PARKING RAMP AND CHAUNCEY SWAN PARK. WHEREAS, the Farmers Market presently is limited to vendors selling their products in Chauncey Swan parking ramp and Chauncey Swan Park; WHEREAS, vendors and others are interested in expanding the Farmers Market to additional locations, including downtown in the vicinity of the intersection of Iowa Avenue and Dubuque Street; and WHEREAS, it is in the City's interest to permit the Farmers Market to take place at locations other than Chauncey Swan parking ramp and Chauncey Swan Park. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 10, entitled "Use of Public Ways and Property," Chapter 11, entitled "Farmers Market," Section 1, entitled "Definitions," is hereby amended by deleting the definitions of Farmers Market, Farmers Market Vendor, Grilling Site, and Stall and inserting the following new definitions: FARMERS MARKET: An open air market sponsored by the city that is intended to provide an opportunity for individuals to sell permitted items that are grown or produced by them, which conform to all applicable city, county and state health and safety provision, including state department of agriculture regulations. GRILLING SITE: A location designated by the director that a grilling vendor is authorized to occupy in order to prepare and sell items consistent with the provisions of this chapter. STALL: A space designated by the director that a farmers' market vendor is authorized to occupy in order to sell items consistent with the provisions of this chapter. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2009. MAYOR ATTEST: CITY CLERK Approved by c ~V ~_~~$--~1 City Attorney's Office Ordinance No. Page DEFEATED 3/24/2009 It was moved by and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright that the Ordinance First Consideration 3 / 24 / 2009 Vote for passage: AYES: NONE. NAYS: Wilburn, Wright, Bailey, Champion, Correia, Hayek, O'Donnell. ABSENT: NONE. Second Consideration Vote for passage: Date published Page 1 of 2 ,~ g Marian Karr From: Tammy Neumann Sent: Friday, March 13, 2009 4:59 PM To: 'Kristinabeckons@aol.com' Cc: Mike Moran; *City Council; Kathryn Johansen Subject: RE: changes to farmers market Kristina, I wanted to let you know that your email will be included in the Council's March 24 agenda packet. I have addressed some of your concerns below: Canopies/tents: I too had concerns regarding the tents and the hazard that they may cause should a gust of wind catch them and throw them into the crowd. Therefore, I contacted Arts Fest staff, who have had experience with these over the last several years during their downtown event that his held each summer in downtown Iowa City. They tell me that it is necessary to have at least a 40 Ib. weight on each leg of a tent to keep them anchored down. Therefore, I will be asking vendors at the market to do the same. I know that many of our current vendors work at other markets that are held in the outdoors and already have experience in what is necessary to keep their tents anchored safely on grounds that do not have ways of anchoring into the ground (Cedar Rapids Downtown Market, Des Moines, Sycamore Mall Market to name a few). Regarding your concerns about customers not being able to find vendor's booths and not being aware of the market being held downtown on a particular Saturday: Vendors will be assigned a stall number like they are in the ramp so that they will be in the same location each time they attend the downtown market. I have attempted, as much as possible, to keep vendors in the same order that they are currently in at the Chauncey Swan Ramp. This is not possible in all cases but hopefully will help somewhat where possible. We will also be providing shoppers with a map of vendors name's, what they are selling and their location. We are working with our Document Services Department to make for us sandwich board signs that we will place in the parking ramp and the Recreation parking lot on the downtown market days alerting customers of our location. We are placing letters in all of the outgoing water bills over the next month that will describe the changes in detail including a map and a calendar of dates for both downtown and Chauncey Swan markets. We are in the process of working on other ways of promoting not just the downtown market, but the Chauncey Swan Market as well. There will be fliers posted in many businesses around town as well as ads/articles in newspapers/publications. Our market master (Meggan Fisher) has started a "Friends of the Market" group who is organizing a family soup supper/fun night previous to the beginning of the market season (April 17). The idea of this event is to promote the market (again, both downtown and Chauncey Swan markets) to the families that attend the event. Our cable TV staff is working on many ads and other ways of promoting these changes for us as well. I will be meeting with City staff the week of March 23 to update our website with all of the new information as well. 3/16/2009 Page 2 of 2 Please keep in mind that the downtown markets this year are considered a trial run. We will be evaluated the market at the end of the season through surveys to see what the overall feeling is and make a determination at that point as what the future will hold for the market. I am very sorry that you will not be attending our downtown markets as you are a very valuable asset to our market. I hope that you will reconsider. Thank you, rZammy J`~eumann Iowa City 'arks e~ 12,ecreation. wept. rFarnzers ~Vtarket Cooycfinator/Administyati-ve Secretary 319-356-5210 FaX;~ 319-356-5487 From: Kristinabeckons@aol.com [mailto:Kristinabeckons@aol.com] Sent: Friday, March 13, 2009 10:58 AM To: council@iowa-city.gov Cc: Tammy Neumann Subject: changes to farmers market Although the new market changes may seem like a good idea I have product that must be labeled, therefore if it is exposed to the elements it will be ruined. These are my other concerns: Problems -Farmers will need to purchase canopies/tents for the outdoor market. Canopy tents cannot be anchored properly into the ground so the customers can be harmed by tents. -Customers might not want to come out in the rain; the farmers will be protected, but not the shoppers -Food will be exposed to more heat, light, & wind -Farmers' regular customers will not be able to find their booths and may have no knowledge of the market moving. Seeing no farmers' in the ramp at the scheduled time may make people from out of town think all Saturday markets are canceled -Farmers were not asked for opinions/feedback before the change was made I can guarantee I will not be attending any markets in the new location, and will only sell my wares under the parking structure. Kristina Arnold The World's Kitchen Cocina del Mundo Herbs & Spices www cocinadelmundospices.com 319-541-9566 Shop Hours 3-7 Tues-Friday 10-7 Saturday Worried about job security? Check out the 5 safest jobs in a recession. 3/16/2009 Page 1 of 1 Marian Karr From: Donnelly, Michael E [michael-donnelly@uiowa.edu] Sent: Thursday, March 19, 2009 8:13 AM To: Council Subject: Iowa City Farmers Market Comments Hello I would like to make a few points about the new Iowa City Farmers Market Location Move and other concerns. 1. I can understand why the City and downtown businesses want to improve the local economy and that is a good thing, one thing when the decision was made no one contacted the farmers market vendors and yes they are local business owners too, most in a much lower income level than the ones downtown that are trying to get some help. All business owners should be considered, many famers feel like they count for nothing due to how the decision was made and who the benefitting parties will be. Maybe it will be good, maybe not, but the farmers, some rely on this for their sole income and that is very low anyway, any losses due to a move could be very hard one them. 2. One major concern of mine is the restrooms for the vendors. Many are older people who may need to use the facilities more than once during a market and many times very early in the morning. Where are people to go? Are the local businesses going to want this traffic let alone be open? This should be considered and dealt with prior to the market. No one wants to see anyone suffer or have to walk a few blocks. 3. I really think the city should consider this to be a transition year, let the vendors choose if they want to move or not and open up both the ramp and the downtown, make it huge if you are going to do it, this would allow even more temp vendors to join in and offer more diversity for potential customers thus drawing in more people. Once it gets going who knows where people will prefer to be then all the "other' concerns go away. Make it Big if you want it to draw new people. 4. Finally the MOST IMPORTANT paint in this email. Please as a city get involved with our state reps and senators(at the federal level) or there will be no more famers markets at all. The US congress has several bills supported by large companies that will render it impossible for small farmers to sell or grow anything legally. The City of Iowa City should take a stand and let the reps know how important the market is. Please review the following bills in the Federal Government. Hr 875, HR 714, SR 425, and soon SR 759 And read the following links: h~-//www•opednews.com/articles(Goodbye-farmers-markets-C-by-Linn-Cohen-Cole-090303-287.html h~_//www.campaignforliberty.com/blo~.php?view=12671 Both summarize the bills in short articles. Thanks for your time. Mike Donnelly IC Farmers Market vendor for 10 years mdonnellyCa~netins.net 3/19/2009 Page 1 of 2 Marian Karr From: Squier, Shelley M [shelley-squier@uiowa.edu] Sent: Monday, March 16, 2009 10:15 AM To: Council Subject: FW: Moving Farmer Market downtown Hello, I am a vendor at the Farmers Market, and would like to share some concerns that myself and many farmers share concerning moving the market downtown one Saturday each month. Farmers build their reputations for quality products over many years time and rely on consistent, repeat customers for sales each week. The location of their stall is very important for customers to remember where specific farmers are and where they made previous purchases. I believe that moving the market may disrupt some customer's Saturday morning routines and cause them to not come to the market each week because they are not sure if it is downtown or at the ramp. Many customers also visit New Pioneer Coop and the Rec Center at the same time, using the same parking space for convenience. The ramp is a wonderful venue for the market for both customers and farmers. It is protected from wind, rain, and blazing sun, without the need for canopies. Canopies are an added cost for farmers, take extra space in trucks and extra time to setup. They will not provide protection in all types of weather anyhow, and won't protect customers. Many customers won't venture out in potentially unfavorable weather if they know they won't have protection as they do in the ramp. Many vendors will choose to skip a market if there is probability of bad weather, because of the effort involved in loading and setting up, and deciding that the risk of poor sales or non-perfect conditions for produce (such as delicate lettuce greens that can not tolerate wind or hot sun) may not be worth it. When farmers choose to skip a market, it further disrupts customer's weekly routines making them uncertain if the products they want will be available that week. People's lives are very busy and routines can quickly change if there is too much uncertainty. Consistency is important for any business. Parking and distance required for customers to walk while carrying heavy and bulky purchases may deter customers from visiting the market downtown. The Rec Center is also very convenient for restroom access for both vendors and customers. I love downtown Iowa City and I like the idea of a downtown market, and the opportunities it presents, and it would be wonderful if solutions to these concerns could be developed and increase the popularity of the market and the downtown area overall. However, I don't think it is fair to the farmers who rely on their consistent weekly sales to make a change to their current processes after years offine-tuning them to become successful. I would hate to see this change actually end up hurting the market and sales for local small farmers. There are many local farmers markets that vendors can choose to attend other than Iowa City. Many farmers have made this Iowa City market increasingly successful over the years by learning what works and what doesn't and adapting their operations accordingly. My suggestion is to transition the market downtown, by asking for vendors to volunteer to move downtown for the one Saturday a week this year. Perhaps certain types of vendors would be better suited to be downtown that others, such as the craft vendors. If it is successful for those vendors, perhaps everyone will want to 3/16/2009 Page 2 of 2 participate in future years. Perhaps after a year, we would have a better idea what would work best for everyone. Thanks, Shelley Squier Squier Squash & Donnelly Farms squiersquash_@netins._n_et 3/16/2009 Page 1 of 1 Marian Karr From: Dave & Katharine Campbell [dave.kathy@att.net] Sent: Tuesday, March 17, 2009 10:47 AM To: Council Subject: Please DON'T move Farmers Market Please cancel your crazy plan to move the Iowa City Farmer's Market uptown one Saturday a month. My wife and I have sold vegetables at ICFM for 8 years, and I can confidently predict the move will hurt our business. You are forcing us to open-air booths, which mean wet customers on rain days, hot ones and wilted vegetables on sunny days. I am NOT going to buy a tent just to use a few markets a year! Most likely, if it looks too rainy or windy on the morning of an uptown FM, I'll just not bother to come in at all. My regular customers will be confused to not to find us where they expect. And where will they park? Where will there be toilets? Do you plan to charge us for downtown stalls? Will we still have to pay full-season stall fees for the Parking Ramp if you aren't going to let us in on those few Saturdays? Is it wise to allow other people to park in the Ramp during the non-FM Saturdays, after we've worked so hard to train them (by towing) not to park there on ordinary Saturdays? Will you close the uptown streets to traffic on the uptown FM Saturdays? If so, how will we vendors get in and where will we park? And, if streets are closed, how will the Coralville and Cambus busses access their regular routes southbound on Clinton Street? A possible problem involves the WIC and Senior discount checks issued by Iowa Dept of Agriculture. These checks are only good at specified Farmers Markets. Certified vegetable vendors, like me, are authorized to accept these checks. If the FM location changes, the program's Federal guidelines could disqualify ICFM from it altogether. I don't know if that is really a problem or not; I'll check into this at the program training session in Muscatine on April 2nd. The whole thing sounds to me like a harebrained scheme put forward by the craft vendors and hot-dog sellers who have recently invaded our traditional Iowa City FARMERS Market. I've not spoken to any real FARMERS who favor your plan. It ain't broke! Don't fix it! Dave Campbell / Tiffin IA 52340 3/17/2009 Re: Fw: Don't move the Farmer's market Marian Karr From: Regenia Bailey [bailey@avalon.net] Sent: Sunday, March 22, 2009 10:49 PM To: Marian Karr Subject: FW: Fw: Don't move the Farmer's market Page 1 of 2 From: Jim Walters [mailto:jcmwalt@infionline.net] Sent: Sunday, March 22, 2009 7:48 PM To: regenia-bailey@iowa-city.org; amy-Correia@iowa-city.gov; matt-hayek@iowa-city.gov; ross-wilburn@iowa- city.gov; mike-Wright@iowa-city.org Cc: garyiclabor@yahoo.com; Christine-Walters@uiowa.edu Subject: Re: Fw: Don't move the Farmer's market --- On Sat, 3/21/09, Gary Sanders <garyiclabor@ahoo.com> wrote: From: Gary Sanders <garyiclabor@yahoo.com> Subject: Don't move the Farmer's market To: council@iowa-city.org Date: Saturday, March 21, 2009, 6:14 PM Council members---I have worked at the Farmer's Market for 6 years. Moving the market one Saturday/month to Iowa Ave. seems like it might be worth a try except for: 1) No one will want to walk 3 blocks from Iowa Ave. to the parking ramps with a bag of groceries. If you don't believe me, try an experiment before you vote on this. Drive with a bag of groceries and park on Iowa Ave. Then walk with your full bag of groceries to the parking ramp. In a more perfect world we could say that people should not mind walking 3 blocks with a full bag of groceries, but in reality they do mind. The reality is that people will not want to do it.(and the fact that they can park in the ramp for free for 2 hours is irrelevant). The Farmer's Market undernearth the ramp has hundreds of spaces very close by: in the Chauncey Swan ramp, in the lot to the south of market (adjacent to the Rec Center), and in the City Hall lot. 2)There is the obvious extra cost to the vendors for some sort of covering for their stalls. A recession year is not the time to ask the vendors for this. 3) Rainy or intense sun&heat days are not going to be good days to be outside. 4) It really doesn't matter that other cities have successful outdoor Farmer's Markets. What matters is that we already have a very successful Farmer's Market--leave it alone! 5) I am a huge advocate for Downtown Iowa City, and this idea may or may not help Downtown, but it surely will hurt the Market. And the proposed Saturdays aren't even on the same Saturday each month, which would make it easier for people to rememeber the change of location. (If you pass this proposal, I would like each of you who vote "yes" to stand at Chauncey Swan ramp on Saturday morning telling Saturday shoppers that the Market has moved---and it was your vote that moved it!) 6) This the big one--this move was done without consulting more than a handful of vendors. If every Saturday vendor were given a secret ballot on this decision the vote would be overwhelmingly "no". And you know why--- 3/23/2009 Re: Fw: Don't move the Farmer's market Page 2 of 2 because for the vendors this isn't a little Saturday morning lark, or a hobby. It's their LIVELIHOOD! Try to put yourselves in their shoes---who are you to make this gamble with people's livelihoods in arecession---think about it, and vote"no" on this proposal. Gary Sanders I respectfully disagree. I think it's a great idea. And I spent many years at the IC Farmers' Market - making a living. I also helped initiate another market - at Eastdale Plaza -and in the "open" we did fine. Shoppers at the Iowa Ave. location would have close access to the ramp on Iowa Ave. Des Moines has one of the Midwest's best markets -outdoors and well-removed from immediately adjacent parking. Works great. Marketers love it. Furthermore, a recession is actually a great time to try "new" ideas which could benefit all of us - producers and consumers alike. Don't be stuck in a rut -try the new alternative. See how it works. Jim Walters P.S. The City Hall lot is just about as close to the proposed site as the current site, plus there's the university lot on the corner of Iowa and Gilbert , which I think is open on Saturday mornings. Also, many of the vendors at the current market also are also operating in other "open air" markets, so they know what to do. 3/23/2009 Page 1 of 2 S Marian Karr From: Mary Suchomel [marysuch@Lcom.net] Sent: Saturday, March 21, 2009 11:26 AM To: Council Subject: FW: Farmer's Market I've been informed that you will be discussing an ordinance to move the farmer's market to alternative venues. I `m forwarding to you my email sent to the City Manager in January when I first learned about the possible move for the farmer's market. I would prefer the Saturday morning farmer's market stay the way it is. Thanks for your time. From: Mary Suchomel [mailto:marysuch@Lcom.net] Sent: Thursday, January 29, 2009 8:02 PM To: 'michael-lombardo@iowa-city.org' Subject: Farmer's Market I've been a vendor at the Iowa City Saturday Farmers Market for the past 2 years. I make photo greeting cards. I buy card stock and glue my photographs to the card stock. I also make bookmarks and postcards using my photographs also. They turn out pretty well, people seem to like them and I have established a repeat customer base. I just wanted to let you know how I'm affected by the decision to hold the market outside with no shelter against the weather like we currently have at the ramp. I currently don't have any temporary tent structure because I don't go to any other venues. I will need to buy something if I decide to participate as a vendor at the Iowa Avenue market rather than just the Chauncey Swan market. It's not just the investment in a tent structure, but I would also need to make sure I have someone help me set it up. Currently I do everything myself and I don't have someone assist me in the setup of my stall. Even if I solved the problems with the shelter, I don't think there will be any customers if it rains. I don't believe people shop in the rain. Would we be able to hold the market at Chauncey Swan as normal if it happens to rain on one the Iowa Avenue Saturday markets? That's what is so nice about the current setup. The customers can drive down to the ramp and continue to shop even during the rain because we are all protected. The area we are in is also protected from the wind. Last year was actually the first year I made a profit. I'm happy I'm making a profit, but money is definitely not the only reason I'm doing this. If I really wanted to make the most buck for my effort, I probably would do something on the web, but I really enjoy the meet and greet at the market. I'm not the kind of vendor that goes all over to make a lot of money. It's more about the creative process in taking the pictures, making the cards plus the social contact with the customers. If you definitely have decided to go through with the Iowa Avenue venue, I hope I will have the option to keep a season stall in just the Chauncey Swan ramp if I chose to skip Iowa Avenue. 3/22/2009 Page 2 of 2 I don't know how other vendors feel, but I bet there are a certain percentage of vendors that might opt out of the Iowa Avenue venue, because of various reasons. I know there are some vendors that use the electrical outlets at the ramp and I don't know if you've thought about that or not. No matter what you do, I appreciate the chance to let you know how this decision affects me. Thanks for taking the time to read this. Mary Suchomel West Branch, IA 52358 319.643•2o'7i 3/22/2009 Marian Karr From: Mike Moran See letter from Dave Campbell Sent: Thursday, March 19, 2009 2:54 PM in March 24 Special Meeting, To: 'dave.kathy@att.net' Item ~/8. Cc: Council; Tammy Neumann; Kathryn Johansen Subject: Farmers Market Dave and Katherine, I wanted to let you know that your email will be included in the Council's March 24th meeting materials. I will attempt to address your concerns that you brought up regarding the Market's move to six Saturday's over the 26 week season; Canopies/Tents; we know of many current vendors that work at other markets that are held outdoors and already have experience in what is necessary to use tents satisfactorily, Cedar Rapids/ Des Moines, Sycamore Mall, Coralville to name a few. Iowa City is one of a very few markets across the region to have covered space available for its vendors. Concerns about customers not being able to find vendor's booths and not being aware of the market being held downtown on a particular Saturday: Vendors will be assigned a stall number like they are in the ramp so that they will be in the same location each time they attend the downtown market. We have attempted, as much as possible, to keep vendors in the same order that they are currently in at the Chauncey Swan Ramp. This is not possible in all cases but hopefully will help somewhat where possible. Parking for the vendors will be provided as it is now, with their stalls. We will also be providing shoppers with a map of vendors name's, what they are selling and their location. We are working with our Document Services Department to make for us sandwich board signs that we will place in the parking ramp and the Recreation parking lot on the downtown market days alerting customers of our location, which is only two blocks away. We are placing letters in all of the outgoing water bills over the next month that will describe the changes in detail including a map and a calendar of dates for both downtown and Chauncey Swan markets. We are in the process of working on other ways of promoting not just the downtown market, but the Chauncey Swan Market as well. There will be fliers posted in many businesses around town as well as ads/articles in newspapers/publications. Our market master (Meggan Fisher) has started a "Friends of the Market" group who is organizing a family soup supper/fun night previous to the beginning of the market season (April 17). The idea of this event is to promote the market (again, both downtown and Chauncey Swan markets) to the families that attend the event. Our cable TV staff is working on many ads and other ways of promoting these changes for us as well. I will be meeting with City staff the week of March 23 to update our website with all of the new information as well. Fees will be charged at the same rate as last year, if you miss a market, refunds will be given as they have been in past years. Customers can park in any of the five city parking ramps and will receive two hours of free parking upon validation of their parking stub. Letters were sent out to all vendors, making them aware of these changes and also alerting you to a vendors meeting Thursday April 9th at 6pm at our Mercer Park/Scanlon gym facility. You are most welcome to attend and bring any further concerns so that we can share our plans with everyone. If you have any additional questions in the meantime, please feel free to contact us. Thank You for providing us with your input. Michael Moran CPRP Superintendent of Recreation Iowa City Parks and Recreation Department 220 S. Gilbert St. Iowa City, Iowa 52240 319-356-5100 Marian Karr From: Beautiful Land Products [dsick747@Icom.net] Sent: Saturday, March 21, 2009 10:28 AM To: Council Subject: item 8 on Mar. 24 agenda I would like you to carefully consider the proposal to move the Farmer's Market one Sat. per month. I have been a vendor for many years and have seen a number of changes to the Farmer's Market. Every time that the market has changed location, in the past, I could see a drop in sales for the period that the market was moved. I have been selling at Farmer's Market since it was located under the bridge at the south end of the Chauncey Swan parking deck. I would assume that Iowa City is trying to mirror Cedar Rapids move to the downtown location. I have talked to a number of vendors that sell at the Cedar Rapids market. They do have good sales at the downtown location, far exceeding what they have in the other three weeks of the month. The difference is that Cedar Rapids was reacting to an ailing Farmer's market. The crowds just did not come to the Roundhouse where it was located. Cedar Rapids was trying to fix a problem. Iowa City does not have a problem to fix. We get good attendance at the market in Chauncey Swan. This experiment will also cost many of the vendors extra money. Vegetables can not sit out in the hot sun. Many of the vendors will have to purchase shade structures for one Sat per month. We also need to think about the possibility of rain. In Chauncey Swan if it is raining outside sales can go on. If the market is on the street sales will about have to stop. I know the crowd will slow down drastically if there is a rainy Sat. I do not count on the Farmer's Market as my main income but there are many vendors who do. Are you willing to experiment with the chance of cutting there income? I for one urge you to carefully consider all of the facts before you ok the change of location of the market. Thank You David H. Sickles 360 Cookson Dr. West Branch, IA 52358 1 Page 1 of 1 ~ ~~ Marian Karr From: Cindy Cary [cscbaxter@netzero.net] Sent: Saturday, March 21, 2009 7:05 AM To: Council Subject: farmers markets Hello, I have been a vendor for going on 4 years now and was asked to sell at the ramp by alot of my friends. I became a vendor las~ear selling at the ramp, and I am currently on the waiting list to become a permanent marketer there The main reason I reap like selling there is the fact that even when ct rains we still are able to have the market. And it seems that when it rains we have even more customers than usual Going outside and selling on the streets could Trove fatal to vendor sales if it rains, because customers will not come out in the rain! I have been informed that the street location may not even have enough room for all of the locked in vendors, what happens to those of us that depend on those key spots that we fill in that are available? If any thing the decision should be made to use the rest of the available area that is under cover on the south end for more vendors! Cindy Cary 1901 White Oak Ave. N.E. Solon, Iowa, 52333 Home # 319-624-7077 Cell # 319-981-8101 ~. Click here to find_the perfect picture with our powerful photo search teatures. 3/22/2009 Page 1 of 1 ~ Marian Karr From: Kristinabeckons@aol.com Sent: Friday, March 20, 2009 6:29 PM To: Council Subject: changing then market location This correspondence will become a public record. As a business and a vendors I have been involved with ICFM for several years and would discontinue being a vendor for this market if it is changed to an open and exposed location. My customers are in Iowa City but I am NOT willing to go along with this change. This decision will not improve my business and will utterly destroy my product in poor weather... Kristina Arnold The World's Kitchen Cocina del Mundo Herbs & Spices 319-541-9566 185 Highway 965 NE Suite 3 North Liberty, Iowa 52317 http://wvvw_c_ocma.d_el_mundo.spices_.com/ Tuesday-Friday 3-7 Saturday 10-7 Feeling the pinch at the grocery store? Make meals for under $10. 3/22/2009 Page 1 of 1 # ~ Marian Karr From: Gary Sanders [garyiclabor@yahoo.com] Sent: Saturday, March 21, 2009 6:14 PM To: Council Subject: Don't move the Farmer's market Council members---I have worked at the Farmer's Market for 6 years. Moving the market one Saturday/month to Iowa Ave. seems like it might be worth a try except for: 1) No one will want to walk 3 blocks from Iowa Ave. to the parking ramps with a bag of groceries. If you don't believe me, try an experiment before you vote on this. Drive with a bag of groceries and park on Iowa Ave. Then walk with your full bag of groceries to the parking ramp. In a more perfect world we could say that people should not mind walking 3 blocks with a full bag of groceries, but in reality they do mind. The reality is that people will not want to do it.(and the fact that they can park in the ramp for free for 2 hours is irrelevant). The Farmer's Market undernearth the ramp has hundreds of spaces very close by: in the Chauncey Swan ramp, in the lot to the south of market(adjacent to the Rec Center), and in the City Hall lot. 2)There is the obvious extra cost to the vendors for some sort of covering for their stalls. A recession year is not the time to ask the vendors for this. 3) Rainy or intense sun&heat days are not going to be good days to be outside. 4) It really doesn't matter that other cities have successful outdoor Farmer's Markets. What matters is that we already have a very successful Farmer's Market--leave it alone! 5) I am a huge advocate for Downtown Iowa City, and this idea may or may not help Downtown, but it surely will hurt the Market. And the proposed Saturdays aren't even on the same Saturday each month, which would make it easier for people to rememeber the change of location. (If you pass this proposal, I would like each of you who vote "yes" to stand at Chauncey Swan ramp on Saturday morning telling Saturday shoppers that the Market has moved---and it was your vote that moved it!) 6) This the big one--this move was done without consulting more than a handful of vendors. If every Saturday vendor were given a secret ballot on this decision the vote would be overwhelmingly "no". And you know why---because for the vendors this isn't a little Saturday morning lark, or a hobby. It's their LIVELIHOOD! Try to put yourselves in their shoes---who are you to make this gamble with people's livelihoods in a recession---think about it, and vote"no" on this proposal. Gary Sanders 3/22/2009 Page 1 of 2~ tJ Marian Karr From: Lois and Bill [loisbill@southslope.net] Sent: Monday, March 23, 2009 12:52 PM To: Council Subject: Iowa City Farmer's Market- customer This correspondence will become a public record. From: Sue Carter [mailto:scarter457@msn.com] Sent: Monday, March 23, 2009 11:59 AM To: lois Pavelka Subject: Fw: IC Farmers Market Location Lois, I tried to send this note to the IC email address listed in the information you sent me, but it did not go through. So I wonder if you could print this out and present it at the meeting tomorrow night? Otherwise if I mail it today, they will not receive it in time for the meeting. If you are not able to go, let me know and I will try to contact them by phone. Good Luck tomorrow! Sue ----- Original Message ----- From: Sue Carter To: www.council(a~iowa-city.org Sent: Sunday, March 22, 2009 7:47 PM Subject: IC Farmers Market Location To: Mayor and City Council Members Re: March 24, 2009 Item #8: IC Farmers Market Location From: Sue Carter, 2713 Muddy Creek Lane, Coralville, IA 52241 Mayor and City Council Members: I am writing to you to express my opinion regarding location of the IC Farmers Market. I shop at the Farmers Market weekly at the Chauncey Swan location Saturday mornings. I never have to worry about the weather making my shopping day a challenge because it is held in the ramp. Parking is not a problem at the ramp, but it would be a problem if the market moved to the streets. I make more than one trip back to my car with my fresh produce because the car is close by. I support keeping the market in the ramp so the vendors are protected from rain, wind and summer heat. The ramp also provides cover for produce, plants and craft items therefore making their hard-earned product the best they can deliver to us, the happy and grateful consumer! I do have one suggestion regarding the parking on Saturday mornings at Chauncey Swan. I think parking fees should not be charged, people should not have to pay to shop at the market. Many times I have witnessed the meter reader writing tickets. Support the wonderful IC farmers market and NOT charge parking. Sincerely, Sue Carter 3/23/2009 Page 1 of 1 ~~ Marian Karr From: eastwinders@mchsi.com Sent: Monday, March 23, 2009 6:50 PM To: Council Subject: farmer's market move? Dear Council: We just heard about the proposal for moving the Farmer's Market on one Saturday a month to Iowa Aveneu and we want to say that we think this is a poorly planned idea. The Market works really well right now, and the hassle of moving for the vendors would be much more intense than you may realize. It's costly and difficult to set up vending tents, and frankly, many of the vendors are just getting by financially as it is. It's truly nice to go to the Market on a rainy or hot day and be out of the elements! No matter what the set up would be on Iowa Avenue, there would be no way to assure for decent weather. Further, parking would become a real difficulty for all concerned, and frankly, we think we would be likely to avoid the market on the Saturdays when it's moved. Finally, there are many people who frequent the market who have health concerns that would make the trek from the Market to the parking ramp much more burdensome. Please consider the many consequences of this decision more thoroughly. Thank you. Candida Maurer & Michael Santangelo 3/23/2009 Page 1 of 1 Marian Karr From: C Pick [seepick@gmail.com] Sent: Monday, March 23, 2009 8:07 PM To: Council Subject: Farmers Market This correspondence will become a public record. As a consumer of the Farmers Market for many years I have enjoyed the location in the Washington Street parking ramp. It offers plenty of parking and it is sheltered on rainy days or in the heat of the sunny summer days. I find it easy to attend any day either Wednesdays or Saturday. I have been hearing that it is proposed to move the market to Iowa Ave some days of the season. If I would have to consult the newspaper or calendar to see which location to shop I probable just wouldn't bother going. I would have to shop someplace else like Coralville for my fresh products which is a shame for the faithful vendors of Iowa City. Speaking of the Wednesday market I would like to see the Wednesday market start earlier than 5:30. Most consumers get out of work by 5 p.m. so that means either a wait or a return to town for the 5:30 start. As you are the deciding group please be guided by public opinion. In economic hard times this doesn't seem like the best time to be making unpopular decisions. Thank you. Jim Pickering 417 Crestview Ave Iowa City, IA 52245 3/23/2009 Page 1 of 2 ~~;~ Marian Karr __ _ From: Eric Menzel [menzelej@gmail.com] Sent: Tuesday, March 24, 2009 11:05 AM To: Council Cc: Evea Marie Wenger Subject: moving the farmers' market....item 8 on tonight's agenda. Hello Council Members, I am a vendor at the Iowa City Farmers' Market. It is my belief that the handling of the upcoming proposal to move the Farmers' Market on a experimental basis to different location in downtown Iowa City has been poorly conceived and is currently being poorly executed. Because of the lack of communication, disclosure, and openness to this process, vendors will be disinclined to embrace the changes that are being planned. The details of the plan were not announced, vendors were not asked to participate in the plan, and customers were not officially surveyed in order to provide data on whether a desire to move the market even exists. I am fairly certain that a strong and influential voice of key vendors will be outspoken against this move being put forth by the farmers' market organizers. Vendors have a right to weigh in on issues that could directly affect their livelihood, and because vendors were not included in the process, I believe many will have a negative outlook on the potential result of moving the market to a new location. I predict that if the plan continues on its current trajectory a sour attitude will pervade the general atmosphere of the market and detract from its usual good spirit. Moreover, this inauspicious beginning to this (yet to be proposed) process will ultimately create tremendous barriers to future plans to move the market from the parking ramp, making it difficult to see the value in any new locations (or changes in general) and thus the experiment will merely serve as a self-fulfilling prophecy proving that moving the market was a bad idea in the first place. In actuality, even the best ideas turn sour if its participants are not included or given a voice to shape the process. I, on the other hand and generally speaking, think that moving the market from its current location is an excellent idea. The Chauncey Swann Parking ramp location is limited in its size, where the waiting list for vendors is growing every year. The atmosphere of the parking ramp is dingy, poorly lighted, and industrial. The location is well-known, however it is also not central to the community. Unless you live east of downtown, the market is likely out of your way. People have gotten use to the location and so they come. Both vendors and customers would adjust to a new location if it were properly planned, announced, advertised, and folks could participate in the evolution of the market that depends on them to flourish. I believe a more central and/or open-air model would benefit the market, its vendors, and any businesses in proximity of a newly located venue. Issues that have not be disclosed and that need to be addressed are: 1. parking -for vendors to facilitate their unloading, setting up and loading all of their goods and equipment -for customers for obvious reasons 2. space for the vendors -the current spaces for vendors are very particular to their current, built up stature, which they have had to work hard to achieve; this should not be altered or taken away without cause -if anything, more space should be provided in a more open location 3. advertising 3/24/2009 Page 2 of 2 everyone needs to know the dates, times, locations, logistics as soon as possible 4. long-term and short-term planning schemes of the farmers' market should be disclosed and a more inclusive process needs to be implemented so that this issue does not come up in the future. The community makes this market successful and the parks and recreation department should operate with that as their primary directive. We need to be involved. In a democracy, it is the voice of the people that gives them strength and pride in their community. Change is hard, but sometimes the hard road presents possibilities that had not existed before. I hope that the Farmers' Market is allowed to investigate this move, but only if those involved in presenting this plan are required to redefine their decision-making process and bring in the vendors and customers to give ideas, suggestions, and feedback. If this does not take place the move will be futile and will fail because it will be operated under various forms of reluctance, discontent, or down-right protest. Thank you, Eric J Menzel Eric J. Menzel Salt Fork Farms (319) 270-3449 1038 Vega Rd. NE Solon, IA 52333 3/24/2009 Page 1 of 1 Marian Karr From: CalBettyLavely@aol.com Sent: Tuesday, March 24, 2009 9:22 AM To: Council Subject: FARMERS MARKETS ORDINANCE This correspondence will become a public record. WE WOULD LIKE TO EXPRESS OUR OPINION AGAINST MOVING THE FARMERS MARKET FROM IT'S PRESENT PLACE. WE WILL NOT BE ATTENDING TONIGHT'S MEETING AS WE WINTER IN TEXAS UNTIL APRIL 1ST. PLEASE GIVE YOUR CONSIDERATION TO KEEPING THE FARMERS MARKET IN THE SAME PLACE. THANK YOU. C & BWOODCRAFTS----CALVIN AND BETTY LAVELY, 701 GIBLIN DR. IOWA CITY, IOWA 52246 A Good Credit Score is 700 or Above. See__.yo_ urs n...just 2_easy_step_s!, 3/24/2009 ~~ March 23, 2009 Dear Iowa City Council Members: I am not able to make it to the City Council Meeting but hope you will consider this letter in your decision changing the City Ordinance. This will be our fifteenth year of selling at the Iowa City Farmer's Market on both Wednesdays and Saturdays. While many changes have been implemented over the years with regard to expanding the market, the venue has always remained the same. I was initially very upset on how the decision to change the location of the Farmer's Market was made. Customers and/or vendors weren't asked for any input. I know the idea of a downtown street market has been brought up over the last five to six years, but I thought the decision process would be handled differently. I will give the city credit. I think the location that has been chosen for the downtown market is a good one. (They could have decided on a much worse site.) I believe that we now have to go through with the downtown farmer's market because it has already created much excitement for many customers and vendors. I do believe that it will help increase the amount of customers. The weather, however, will be a factor: what happens when there is a downpour or when it is 110 degrees out? Also, the city has already let the press know about the change and many venders have purchased tents or extra table just for the downtown market. I do not, however, support moving the market downtown on an EVERY week basis in the future. I think what makes the Cedar Rapids Farmer's Market work so well is that it is a once-a-month event. Also, additional promoting and advertising would have to done just to make it a success. I just hope that when you make your decision that you keep in mind that the Iowa City Farmer's Market is, for many vendors, our livelihoods. We are keeping an open mind about these changes and hope for the best. Again, thank you for your time. I look forward to a great 2009 Iowa City Farmer's Market season! Best Wishes, r~ _ o :':~ Andy Tygrett ~'~ ' ' ~ ~~ ~ Oak Hill Acres _ ~ , ~; °~ N ®.. 978 310'h Street _ y - Atalissa, Iowa 52720 ~~' ` n ~ a _ ~ o Page 1 of 1 Marian Karr From: quickflick2@mchsi.com Sent: Tuesday, March 24, 2009 2:40 PM To: Council Subject: farmers market proposal Dear Councilors, I am writing as a vendor of the Iowa City Farmers Market and not as a resident of Iowa City. It has come to my attention that the possibility of occasionally moving the farmers market out of the Chauncy Swan ramp will be discussed tonight at the meeting and since I'm unable to attend, I would like to give voice to my opinion on the matter. The strength of the Iowa City farmers market is in its regular location. Customers don't have to guess as to where we'll be on what day. We've been in this location for many years, and while some will argue that change is good, customers having to chase vendors around town is not at all desirable. In addition, it is my feeling that were we in any other city than one with a strong football crowd that clogs up downtown on a regular basis in the fall, this proposal might be more of a possibility. But because of this, we cannot have a regular schedule of when the market would be on the street (the second Saturday of the month, for example). This would further impede customers in finding us, and the last thing any one of us wishes is for customers to become frustrated in going to the market. My intention as a vendor is to make the market a pleasant, fun experience. I think that last year's improvements of music and food vendors in the park has done much to give the market an exciting, festival type atmosphere. And while I'm certain that having a market on the street would contribute to this, I don't think it's worth the risk of losing valuable customers. I also believe that having the market under a roof goes a long way towards attendance even during rain. As a baker, I cannot have my product soaking in a rain shower. And yes, I know there are tents out there. I own one myself. But the ease of being able to set up and walk through the market in good weather and bad is such a gift to vendors and customers alike. We are so fortunate to have a well supported, very well attended farmers market. I question why it it necessary to fool with something that works. Please vote to not allow this proposal to go through. Thank you for your time, Regina Miller 403 S Center St Lone Tree, IA 52755 319-430-7855 quickflick2@mchsi.com ~~ 3/24/2009 City of Iowa City -News & Headlines Page 1 of 1 «« Back to Site « Back to News Releases News Releases Originally posted on Tuesday, March 03, 2009 at 11:20:03 AM IOWA CITY FARMERS MARKET ANNOUNCES DOWNTOWN MARKET DAYS Now in its 37th year, the Iowa City Farmers Market looks forward to an exciting change in 2009. One Saturday each month, beginning May 30, the Iowa City Farmers Market will move to downtown Iowa City. The Downtown Farmers Market will be located on Iowa Ave. between Clinton and Linn Streets and along Dubuque St. between Jefferson and Washington Streets. All the regular vendors will be there as well as some additional vendors from our waiting list. The special Saturday events such as Market Music and Art in the Park will continue, as well as cooking demonstrations by local chefs, Irving Weber Days on May 30 and Kids Day on September 12. This new venue for Farmers Market will provide a fun, festive environment for both its regular and new customers. It joins other successful downtown outdoor markets such as in Cedar Rapids, Des Moines and Madison, Wisconsin, which draw throngs of happy customers each market day. The Downtown Market Days will be May 30, June 13, July 11, August 8, September 12, and October 17. Downtown Market customers will receive two hours of free (validated) parking at any of the cashiered downtown parking ramps. The other Saturday and Wednesday markets will remain in the Chauncey Swan Parking Ramp across from City Hall between May 2 and October 31. Wednesday markets will run 5:30-7:30 p.m. and all Saturday Markets (Downtown and Chauncey Swan) will run from 7:30 a.m. to 12 noon. This is a new closing time for our Saturday markets (previously closing at 11:30 a.m.). The vendors are all lined up and making plans for a successful 2009 Farmers Market. Make plans to join us for both the Chauncey Swan and Downtown Farmers Markets! The Farmers Market is organized by the Iowa City Parks & Recreation Department. Originating Department: Recreation Contact Person: Tamm~Neumann Contact Phone: (319) 356-5210 « Back to News Releases http://www.icgov.org/default/apps/GEN/news.asp?newsID=5039&output=print 3/24/2009