HomeMy WebLinkAbout2024-08-20 OrdinanceItem Number: 8.a.
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CITY OF IOWA CITY
"QF T-4 COUNCIL ACTION REPORT
August 20, 2024
An ordinance conditionally rezoning approximately 5.01 acres of land located at 1215 Camp
Cardinal Road from Interim Development Single -Family Residential (ID-RS) zone to Low -
Density Single -Family Residential (RS-5) zone (REZ24-0004). (Second Consideration)
Attachments: REZ24-0004 Staff Report with Attachments
PZ 6.26.24 Prelim Minutes
Ordinance & CZA
STAFF REPORT
To: Planning and Zoning Commission
Item: REZ24-0004
GENERAL INFORMATION:
Applicant/Owner:
Contact Person:
Requested Action:
Purpose:
Location:
Location Map:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Prepared by: Melanie Comer,
Planning Intern
Date: June 26, 2024
Matt Kai n
319-351-8282
MMS Consultants
Lacey Stutzman
I.sexton(o)-mmsconsultants.net
1917 S Gilbert St.
Iowa City, IA 52240
Rezoning of approximately 5.01
acres of land from Interim
Development Single Family
Residential (ID-RS) to Low -Density
Single -Family Residential (RS-5).
Rezone the area to allow the
development of one additional
single-family home on Parcel A of
Clear Creek Subdivision.
1215 Camp Cardinal Road
5.01 acres
One residential building, Interim
Development Single Family
Residential (ID-RS)
North: City of Coralville Public;
City of Iowa City Interim
Development Single -Family
Residential (ID-RS)
2
Comprehensive Plan:
District Plan:
Neighborhood Open Space District:
Public Meeting Notification:
File Date:
45 Day Limitation Period:
South: City of Coralville Single
Family Residential (R-1);
City of Iowa City Low -
Density Single -Family
Residential with a Planned
Development Overlay (RS-
5/OPD)
West: City of Coralville Single
Family Residential (R-1);
City of Coralville Small Lot
Single Family Residential
(R-1(B))
East: City of Iowa City Low -
Density Single -Family
Residential with a Planned
Development Overlay (RS-
5/OPD)
2-8 DUA
No adopted district plan
EMT
Properties within 500' of the subject
property received notification of the
Planning and Zoning Commission
public meeting. A rezoning sign was
posted on the site on May 30, 2024.
May 28, 2024
July 11, 2024
BACKGROUND INFORMATION:
The applicant has requested a rezoning of approximately 5.01 acres of land from Interim
Development Single Family Residential (ID-RS) to Low -Density Single -Family Residential (RS-5)
located at 1215 Camp Cardinal Road. The property currently contains one residential structure.
The owner is requesting a rezoning in order to build one additional home on the property.
The subject property was subdivided in 1984 to what still exists as Clear Creek Subdivision. This
subdivision created parcel A to the north and parcel B to the south. The property was zoned
Interim Development Single Family Residential (ID-RS) in 1989 from Interim Development —
Office and Research Park (ID-ORP) (Ordinance No. 89-3439). This area was deemed to be "more
appropriate for residential uses rather than office and research park uses".
To the west of the subject property is Borlaug Elementary School, which is within the Coralville
city limits but falls within the Iowa City Community School District. Much of the surrounding
property is within Coralville and has subsequent Coralville zoning regulations and designations.
ANALYSIS:
Current Zoning: The purpose of the ID-RS zone is to provide areas of managed growth for
agricultural or other non -urban land uses that exist until city services are able to be provided on -
site. Title 14-2E-1 establishes that upon service availability by the city, the property owner or the
3
city is entitled to the initiation of a rezoning to a more suitable zoning designation. Uses permitted
outright in the ID-RS zone are limited to plant -related agricultural uses, whereas allowed
provisionally are uses such as detached single-family dwellings, animal -related commercial and
agricultural uses, and communication transmission facility uses. The minimum lot area required
for a detached single-family dwelling in the ID-RS zone is 5 acres, which is roughly the size of the
subject property. The minimum lot area required for a detached single-family dwelling is 6,000
square feet in the RS-5 zone. Thus, to allow the addition of another single-family home on this
property, a rezoning is required.
Proposed Zoning: The applicant wishes to rezone the subject property to Low -Density Single -
Family (RS-5) from ID-RS. The RS-5 zone is primarily intended for the development of single-
family residential dwellings.
Detached single-family dwellings are permitted by -right in the RS-5 zone. Provisionally allowed
uses include attached single-family dwellings, duplexes, zero lot line dwellings, and group
households. Daycare, educational, and religious/private group assembly uses are allowed via
special exception. The maximum height allowed within this zone is 35 feet with a minimum lot size
of 6,000 square feet for detached single-family dwellings. If the owner wishes to build more than
one additional single-family home it would require a subdivision application.
Rezoning Review Criteria:
Staff uses the following two criteria in the review of rezoning:
1. Consistency with the comprehensive plan;
2. Compatibility with the existing neighborhood character.
Consistency with the Comprehensive Plan: According to the IC2030 Comprehensive Plan's
Future Land Use Map, this area is designated to be suitable for 2-8 dwelling units per acre. This
is an area suitable for low -density single-family residential uses, which is what is being
proposed by the applicant.
The Housing section of the IC2030 Plan encourages housing strategies that align closely with
the goals of this rezoning. Identifying areas where infill development can be placed within
established neighborhoods is ideal to create cost-effective and efficient provision of
infrastructure and services to potential future residents. As the subject property borders an
established neighborhood and already contains one single-family dwelling on site, it is
appropriate to allow additional development in this location.
Compatibility with Existing Neighborhood Character: The existing neighborhood character
is that of a single-family residential neighborhood. To the east, west, and south are low -density
single-family residential uses. Directly to the west of the property is Borlaug Elementary School,
which is located within the City of Coralville and part of the Iowa City Community School District.
Just west of the school is a single-family residential area within the City of Coralville. To the east
and south are existing residential neighborhoods within the City of Iowa City. To the north is
Rotary Camp Park, a Coralville open space area. Compatible infill development, as mentioned
in the IC2030 plan, is recommended as a strategy to promote efficiency of infrastructure
connection throughout established neighborhoods. The proposed rezoning to RS-5 would be
compatible in this area.
Transportation and Access and Utilities:
Access to the subject property is provided via Camp Cardinal Road. To the south, this property
is connected to Kennedy Parkway via Camp Cardinal Road. Currently, there exists no sidewalk
or curb cuts for pedestrian traffic along the property's frontage. Staff recommends a condition to
construct an 8' sidewalk along the Camp Cardinal Road frontage from the southern property line
to the existing driveway. The standard sidewalk width is 5' so the City will pay for the overwidth
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of the cost of constructing the additional 3'. The City is recommending 8' because the sidewalk
to the south along the Borlaug Elementary School frontage is 8'. Additionally, the installation of
curb ramps to connect the new sidewalk to the east side of Camp Cardinal Rd and the existing
pedestrian network is requested.
To the north of the property, the right-of-way of Camp Cardinal Road that connects to Camp
Cardinal Boulevard is within the City of Coralville's jurisdiction. There has been interest over the
years from City of Coralville staff to vacate this public right-of-way. If vacated, it would require
construction of a turnaround near the subject property's northern property line. Due to this, staff
recommends a condition requiring the dedication of right-of-way along Camp Cardinal Road at
the northern end of the property to accommodate a future turnaround should the remainder of
the right-of-way north of the property be vacated. Public Work estimates that the area needed
for the turnaround is around 5,000 square feet.
Additionally, sanitary sewer and water lines exist within the Camp Cardinal Rd right-of-way.
Access to these lines will be needed as part of any development. Staff recommends a condition of
the rezoning that prior to the issuance of a building permit, the owner shall demonstrate the ability
to access City utilities from the property.
Environmentally Sensitive Areas:
The property appears to contain regulated sensitive features; however, a rezoning does not
trigger submission of a sensitive areas development plan. Compliance with the sensitive areas
ordinance is required as part of the subdivision process. If the owner wishes to build more than
one single-family house it would require a subdivision and compliance with the Sensitive Areas
Ordinance would be evaluated at that time.
NEXT STEPS:
Upon recommendation from the Planning and Zoning Commission, the City Council will hold a
public hearing on the proposed rezoning ordinance.
STAFF RECOMMENDATION:
Staff recommends approval of REZ24-0004. A proposal to rezone approximately 5.01 acres of land
at 1215 Camp Cardinal Road from Interim Development Single -Family Residential (ID-RS) zone to
Low -Density Single -Family Residential (RS-5) zone subject to the following conditions:
1. Prior to issuance of a certificate of occupancy, Owner shall:
a. Construct an 8' wide sidewalk along the Camp Cardinal Road frontage from the
southern property line to the existing driveway, as well as installation of curb ramps
to connect to the sidewalk on the east side of Camp Cardinal Road. The City shall
pay for the overwidth of the cost of the 8' sidewalk, which is the additional 3' beyond
the standard 5' sidewalk width.
b. Dedicate to the City, without compensation, right-of-way along Camp Cardinal Road
for the future installation of a turnaround.
2. Prior to issuance of a building permit, Owner shall:
a. Demonstrate access to City utilities can be provided.
ATTACHMENTS:
1. Location Map
2. Zoning Map
3. Applicant Submittal II
Approved by: [ V� 0
Tracy Hightshoe, irector
Department of\Relighborhood and Development Services
ATTACHMENT 1
Location Map
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REZ24-0004
0.05 Miles 1215 Camp Cardinal Road
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An application sub mitted to rezone
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Prepared By; Melanie Comer I
Date Prepared; May 2024
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ATTACHMENT 2
Zoning Map
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REZ24-0004
1215 Camp Cardinal Road
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'on submitted to rezone
ly 5,01 acres of land from
velopment Single -Family
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Prepared By: Melanie Conier
Date Prepared: May 2024 1
ATTACHMENT 3
Applicant Submittal
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VIMS Consultants, Inc.
Experts in Planning and Development Since 1975
May 29, 2024
City of Iowa City
410 E. Washington Street
Iowa City, IA 52240
1917 S. Gilbert Street
Iowa City, Iowa 52240
319.351.8282
m msconsulta nts.net
mms@mmsconsultants.net
Re: Parcel "A", Parcel "B" and a portion of the NE 1/4 of the NE 1/4 of Section 12-
T79N-R7W to Iowa City, Iowa.
On behalf of Matthew and Diana Kain we are submitting a request for a Rezoning for
Parcel "A", Parcel "B" and a portion of the Northeast Quarter of the Northeast Quarter of
U1 Section 12, Township 79 North, Range 7 West of the 51h PM. The described land consists
IU of 5.01 acres in total. We are proposing a change of the zoning of the land from Interim
Q Development Single -Family Residential (ID-RS) to Low Density Single -Family
a Residential (RS-5). We feel this amendment is appropriate given the existing single
U family home on the unplatted portion noted as a portion of the NE 1/4 of the NE 1/4 and
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r- the intent of the property owners to potentially build another home on Parcel "A" in the
9 future. In addition, the adjacent properties to the east of Camp Cardinal Road and south
of Kennedy Parkway are currently zoned RS-5.
If you have questions or require any additional information, please contact us
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Lacey Stutzman
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AND NOT GRID DISTANCES.
"B" AND A PORTION OF THE NE 1/4 OF THE NE 1/4 OF SEC. 12-T79N-R7W
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— LOT LINES, PLATTED OR BY DEED
— — — — — — — — EASEMENT LINES, WIDTH & PURPOSE NOTED
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— RECORDED DIMENSIONS
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OWNER/APPLICANT:
MATTHEW AND DIANA KAIN
1215 CAMP CARDINAL ROAD
IOWA CITY. IOWA 52246
—
DESCRIPTION - REZONING (ID-RS TO RS-5)
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RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N89040'35"W, ALONG THE SOUTH
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RECORDER'S OFFICE, 655.04 FEET, TO THE NORTHWEST CORNER OF SAID PARCEL "A" THENCE
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THEREOF; THENCE S01000'51"E, ALONG THE EAST LINE OF SAID PARCEL "A", 143.11 FEET, TO THE
POINT OF BEGINNING.
SAID REZONING PARCEL CONTAINS 5.01
ACRES, AND IS SUBJECT TO EASEMENTS
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CIVIL ENGINEERS
LAND PLANNERS
LAND SURVEYORS
LANDSCAPE ARCHITECTS
ENVIRONMENTAL SPECIALISTS
1917 S. GILBERT ST.
IOWA CITY, IOWA 52240
(319) 351-8282
www.mmsconsultants.net
Dote Revision
REZONING EXHIBIT
PARCEL "A" PARCEL IIBII AND A
PORTION OF THE NE 114 OF THE
NE 114 OF SEC.12-T79N-R7W
IOWA CITY
JOHNSON COUNTY
IOWA
MMS CONSULTANTS, INC.
Date: 05/17/2024
Designed by: Field Book No:
LSS 1388
Drawn by: Scale:
LSS 1"=100'
Checked by: Sheet No:
RRN 1
Project No:
11960-001 of: 1
MINUTES PRELIMINARY
PLANNING AND ZONING COMMISSION
J U N E 26, 2024 — 6:00 PM —FORMAL MEETING
E M M A J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Susan Craig, Mike Hensch, Scott Quellhorst, Billie Townsend,
Chad Wade
MEMBERS ABSENT: Maggie Elliott
STAFF PRESENT: Sara Hektoen, Anne Russett
OTHERS PRESENT: Lacey Stutzman, Matt Kain, Brock Heller
RECOMMENDATIONS TO COUNCIL:
By a vote of 5-0 the Commission recommends approval of REZ24-0004. A proposal to rezone
approximately 5.01 acres of land at 1215 Camp Cardinal Road from Interim Development Single -
Family Residential (ID-RS) zone to Low -Density Single -Family Residential (RS-5) zone subject
to the following conditions:
1. Prior to issuance of a certificate of occupancy, Owner shall:
a. Construct an 8' wide sidewalk along the Camp Cardinal Road frontage from the
southern property line to the existing driveway, as well as installation of curb ramps
to connect to the sidewalk on the east side of Camp Cardinal Road. The City shall
pay for the overwidth of the cost of the 8' sidewalk, which is the additional 3' beyond
the standard 5' sidewalk width.
b. Dedicate to the City, without compensation, right-of-way along Camp Cardinal Road
for the future installation of a turnaround.
2. Prior to issuance of a building permit, Owner shall:
a. Demonstrate access to City utilities can be provided.
By a vote of 5-0 the Commission recommends approval of REZ24-0005, a proposal to rezone
approximately 7.0 acres of land at 2255 N Dubuque Rd from Office Research Park (ORP) zone
to Neighborhood Public (P-1) zone.
CALL TO ORDER:
Hensch called the meeting to order at 6:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
CASE NO. REZ24-0004
Location: 1215 Camp Cardinal Rd.
An application for a rezoning of approximately 5.01 acres of land from Interim Development
Single Family Residential (ID-RS) zone to Low -Density Single -Family Residential (RS-5) zone.
Russett began the staff report showing an aerial of the property noting it's about five acres in
size. Next, she showed the zoning map and pointed out the land to the north and to the west is in
Planning and Zoning Commission
June 26, 2024
Page 2 of 10
the city of Coralville. To the north it's an open space area, to the west is Borlaug Elementary and
to the east it's the city of Iowa City. The land developed are properties that are single family
homes zoned RS-5 with a Planned Development Overlay. In terms of background, this property
was subdivided in 1984 as the Clear Creek Subdivision. Then in 1989 it was rezoned to Interim
Development Single Family (the current zoning designation) from Interim Development Office
and Research Park. The staff report at that time noted the area was more appropriate for
residential uses rather than future office and research park uses. At this time, the owner seeks a
rezoning to RS-5, which is the low -density single family residential zone. Based on staff's
conversations with the applicant and their representative, they have indicated that they would like
to build one additional home on the property, therefore require a rezoning. Russett explained if
more than one additional home were proposed they would need to go through the subdivision
process and that would come back to the Planning and Zoning Commission.
Russett shared a few photographs of the property noting there is one existing home with a
garage. She showed another image of the house and view from the northwest noting the
woodland and sloped areas and ravine.
In terms of the current zoning designation, the Interim Development Single Family is a zone used
to provide areas of managed growth. Plant -based agriculture is a permitted land use in this zone
and is oftentimes seen at the edges of the community in areas that haven't been developed yet
and still continued to be farmed. Interim Development Single Family does allow detached single-
family dwellings, but it requires a minimum of five acres. Since this site is five acres in size, and
there's already existing home, the current zoning designation wouldn't allow an additional home
on the property. Therefore, the proposal is to rezone it to RS-5 because that zoning designation
does allow detached single-family homes with a minimum lot size of 6000 square feet.
In terms of the general development approval criteria, staff looks at consistency with the
Comprehensive Plan and compatibility with the existing neighborhood character. The Future
Land Use Map of the Comprehensive Plan identifies this area as appropriate for residential land
uses at a density of two to eight dwelling units per acre. There are also policies in the
Comprehensive Plan that talk about ensuring infill development is compatible and
complementary to the surrounding neighborhood as well as the policies that support infill
development. In terms of compatibility with the existing neighborhood, to the east and south are
existing single-family neighborhoods, Borlaug Elementary School is directly to the west of the
property but further west there's more single family. As mentioned earlier to the north is the
Rotary Camp Park which is maintained by the city of Coralville.
In terms of transportation, access, and utilities, Russett explained the property does have access
off of Camp Cardinal Road, which connects to Kennedy Parkway to the south. There's currently
no sidewalk on the property so staff is recommending a condition that the owner construct an
eight -foot -wide sidewalk as well as curb ramps that connect east to the existing development.
Russett noted the typical sidewalk width is five feet so the City would pay for the additional three
feet. Sanitary sewer and water lines exist within the Camp Cardinal right-of-way and access to
these lines would be necessary for any development. Staff is also recommending a condition that
the owner demonstrate the ability to access City utilities as the main concern Public Works has is
that even though there's water and sewer within the Camp Cardinal right-of-way, because of all
the sensitive areas they want to make sure that those service lines can be extended to wherever
new house is proposed. Accessing the City utilities will need to be verified as part of the building
permit process. Also, there is an interest by the city of Coralville to vacate the Camp Cardinal
Planning and Zoning Commission
June 26, 2024
Page 3 of 10
Road right-of-way to the north of the property. Camp Cardinal Road eventually connects to
Camp Cardinal Boulevard further north and the city of Coralville would like to vacate that right-of-
way which would require a turnaround is built for any cars that head north on Camp Cardinal
Road, so they have the ability to turn around and go back south. Due to that interest by the city
of Coralville, staff is recommending that the property owner dedicate some right-of-way that
would allow the City to build that turnaround at a future date. Public Works feels they would need
to dedicate around 5000 square feet. In terms of sensitive areas, there are sensitive features on
the property however a rezoning does not trigger the need for a sensitive areas development
plan. If the owner chooses to move forward with the subdivision in the future, that's the point at
which the City would require a sensitive areas development plan.
Staff has received one email in opposition to the rezoning that Russett forwarded to the
Commission.
In terms of the timeline, upon a recommendation from the Planning and Zoning Commission, City
Council would set a public hearing at the July 16 meeting and the public hearing is anticipated to
be on August 6.
Staff recommends approval of REZ24-0004. A proposal to rezone approximately 5.01 acres of
land at 1215 Camp Cardinal Road from Interim Development Single -Family Residential (ID-RS)
zone to Low -Density Single -Family Residential (RS-5) zone subject to the following conditions:
1. Prior to issuance of a certificate of occupancy, Owner shall:
a. Construct an 8' wide sidewalk along the Camp Cardinal Road frontage from the
southern property line to the existing driveway, as well as installation of curb ramps
to connect to the sidewalk on the east side of Camp Cardinal Road. The City shall
pay for the overwidth of the cost of the 8' sidewalk, which is the additional 3' beyond
the standard 5' sidewalk width.
b. Dedicate to the City, without compensation, right-of-way along Camp Cardinal Road
for the future installation of a turnaround.
2. Prior to issuance of a building permit, Owner shall:
a. Demonstrate access to City utilities can be provided.
Quellhorst stated he was curious about staff justification for the proposed conditions. In
particular, he thinks that turnabout and sidewalk are a great idea but are those really connected
to what the applicant is asking for. It seems like they want to rezone to add a single house, which
wouldn't seem to add too much traffic so is it justified to ask them to incur the costs of those
improvements. Russett explained that staff feels that the additional right-of-way is a pretty
common request at the time of a rezoning. She acknowledges his point that typically they are
looking at larger development projects that probably result in more traffic impacts than what's
proposed here but for the pedestrian sidewalk they do feel that is really important. It's in the
regulations to require a sidewalk even if it's just a single-family home or a duplex, something that
doesn't require site plan review. Staff is recommending that the sidewalk not be the full frontage
of the property but be from the southern property line to the existing driveway. And since there is
an existing eight -foot -wide sidewalk there that is why they are requesting the sidewalk extension
also be eight foot wide. There's also an elementary school in the area and a trail along Camp
Cardinal Boulevard that gets used quite a bit so that is why staff would like to see that pedestrian
infrastructure built out.
Quellhorst asked if there is a sidewalk currently on the other side of the street. Russett
Planning and Zoning Commission
June 26, 2024
Page 4 of 10
acknowledged there is. He also asked about the sensitive features and the woodland, is there
any precedent or mechanism for conducting some sort of environmental review to make sure
that the new building doesn't cause any environmental damage or concern. Russett replied that
is something staff could look at the building permit stage. Typically, single family homes that
don't impact more than 20,000 square feet are exempt from the sensitive areas ordinance.
Quellhorst asked how that review would occur if it was conducted as part of the building permit
process. Russett explained what triggers the review of a sensitive areas development plan is an
OPD rezoning or a subdivision which isn't being proposed at this time. If the applicant came
forward with the building permit and wanted to tear down the trees or impact the stream she is
not even sure they would have the ability to do to stop that because they're not proposing a
subdivision or a OPD rezoning, they're just building one home.
Craig asked why this isn't a subdivision when there's already one home there and they're
building a second home. Russett explained because they're not splitting the property nor creating
any additional lots. If in the future they wish to build more homes, they would need to come
forward with a subdivision plan and that would trigger a sensitive areas development plan.
Russett reiterated this has been subdivided before. There is parcel A and parcel B. Parcel A
does not have a home on it. The issue is that the Interim Development Single Family Residential
zoning requires a five -acre lot and parcel A is less than five acres in size.
Quellhorst noted in the past they've permitted by conditional rezoning and required things like
preservation of trees or other environmental features, does staff feel like there's any viable way
to do something similar here. Russett stated if the Commission was to make a recommendation
on adding an additional condition that limits the impacts, that's something that could be
considered.
Hekteon noted the key to imposing conditions is identifying the public need being created by this
rezoning so as they think about whether the recommended conditions are appropriate, or any
additional conditions, that's the standard. Craig asked can the public need be that they're trying
to protect sensitive areas, that seems to be a public need. She noted right now they have an
ordinance in it right now isn't applying. Hekteon agreed that would be a reasonable need.
Hensch opened the public hearing.
Lacey Stutzman (MMS Consultants) began by clarifying there are three separate parcels here.
The existing home is on its own parcel and the applicant is rezoning all of it because if they are
spending the money to go through the process, they might as well take it out of that interim
development zoning and put it into an RS zoning for future planning. Down the road, if they go to
sell, it's just beneficial for them when it matches the adjacent zoning. Stutzman stated they are
also working on an access easement. The applicant is going to use the same driveway entrance
off Camp Cardinal Road and she has spoken with Public Works and Engineering about their
concerns regarding proper connections to the public infrastructure running through Camp
Cardinal Road. They have passed all that information along to the builder so when he does go to
potentially build a house in the future that's being accounted for. In regard to the sensitive areas,
the intent is to build one additional house on the flat open grassy area. She noted they did look at
the sensitive features just to do their due diligence on that, there are woodlands, a ravine and
some pretty steep slopes so they are intentionally proposing to build a house not to impact any of
Planning and Zoning Commission
June 26, 2024
Page 5 of 10
those. Stutzman also noted it is just really not feasible or cost effective to try to impact any of
those sensitive areas.
Hensch noted it's pretty obvious that several commissioners have some concern about sensitive
areas and what to assure they will comply with the slope issues for sensitive slopes, for the
protection of trees, etc., can they address that. Stutzman explained they looked at it in the light of
if they were going to do an OPD it would be a level one sensitive areas review which she
believes if it's under two acres that makes it a grove of trees as opposed to a sensitive feature, or
downgrades it to some degree that the impact are still regulated but not as heavily as when a
large subdivision development comes through. With slopes they are allowed a certain
percentage of impacts. She also doesn't think that the applicant would go through the trouble of
building a single-family home on the secluded lot to then go through an additional subdivision
process.
Craig asked about the single driveway and if the properties change hands. If there are two
different owners of these two houses, they could do an easement but with having just one owner,
do they need an easement as well. Stutzman stated they have already drafted an agreement,
it's a private agreement not dictated under this rezoning, a private access agreement between
the property that owns it and then the other property that it is mutual beneficial. They'll have
maintenance agreement, that's pretty standard and typical so that way, when it does change
hands eventually both parties are protected to continue to use that access, and it mitigates
impacts to the sensitive areas. They are not going to put in a second driveway onto Camp
Cardinal Road because with the way that those property lines are slated it would impact sensitive
features.
Quellhorst asked if the applicant has any position on staffs proposed conditions to add the
turnabout and sidewalk.
Matt Kain (1215 Camp Cardinal Road) stated they don't really have any concerns about that
turnaround, he suspects when they get in there and look it's a pretty steep ravine they may not
go as far as they want but if that's what they need, that's what they need. The only question on
the sidewalk he has is because there is a big gap between the Coralville sidewalk and where
their line is, essentially a sidewalk to nowhere, his thought is once Coralville finishes developing
then put the sidewalk in rather than putting a sidewalk in to nowhere. But it's also no big deal
they'll put the sidewalk in if required. Looking at the siting of the house, they fully intend to put it
up in the flat area and don't want to touch any of those trees. There's a grassy area that's very
flat and that's where the house will be built.
Hensch closed the public hearing.
Wade moved to approve REZ24-0004. A proposal to rezone approximately 5.01 acres of
land at 1215 Camp Cardinal Road from Interim Development Single -Family Residential (ID-
RS) zone to Low -Density Single -Family Residential (RS-5) zone subject to the following
conditions:
1. Prior to issuance of a certificate of occupancy, Owner shall:
a. Construct an 8' wide sidewalk along the Camp Cardinal Road frontage from the
southern property line to the existing driveway, as well as installation of curb
ramps to connect to the sidewalk on the east side of Camp Cardinal Road. The
City shall pay for the overwidth of the cost of the 8' sidewalk, which is the
Planning and Zoning Commission
June 26, 2024
Page 6 of 10
additional 3' beyond the standard 5' sidewalk width.
b. Dedicate to the City, without compensation, right-of-way along Camp Cardinal
Road for the future installation of a turnaround.
2. Prior to issuance of a building permit, Owner shall:
a. Demonstrate access to City utilities can be provided.
Craig seconded the motion.
Craig is concerned about the sensitive areas and perhaps some language that could be added
that a review would be included. She can appreciate the applicant not wanting to disturb any of
the sensitive areas but it is the Commission's duty to worry a little bit about that.
Wade thinks they need to continue to embrace the builder community and it's reasonable to
promise that they're going to build it on the high, flat side of the lot. It makes sense from a
development point of view so he doesn't think they need to add additional requirements. He does
wonder if they could do a contingency on the sidewalk, they've had other cases where there has
not been a connecting sidewalk resulting in a sidewalk to nowhere. Hensch replied they do have
missing sidewalk segments all throughout the City and hopefully once the school district fills it up
they'll be connected. Russett stated If they wait until everyone is there and all are filled in, there
is no push to get it completed.
Hensch noted as he is entering his 10th year on this Commission he's learned to be not very
trusting of what people say but in this case he doesn't see any warning signals, given that the
topographic map makes the flat area a perfect location to put the house. Also since the person
who owns the property is going to be building this and continue to live in the neighborhood,
Hensch has pretty good confidence that they won't tell us they're going to build in one location
and then do something else. Of course, there's nothing else they can do about it if they do
something else, unless there is a condition in there but he doesn't feel it's necessary at this time.
Townsend wanted to say is there's so much building going on in that area and they don't
question the big builders. Here is a single lot and one home, and now they're questioning all
these things so her concern is that they're not giving more of these concerns to the big builders
that are cutting down all of the nice trees.
Craig acknowledged that's probably true but the big builder would have to follow the sensitive
areas ordinance because they would be building more lots more than this one.
Hensch also noted people don't realize the sensitive areas ordinance allows them to take up
quite a number of trees, it's actually pretty dramatic.
Quellhorst is inclined to agree, if anything having a single home on this property seems to
probably be more beneficial for environmental preservation. He also gives some deference to
staff who have evaluated this project and determined that environmental conditions are not
necessary or preferable. He is concerned about the environment, but also doesn't want to tie a
private project up in a bunch of red tape and cause somebody unnecessary time and expense.
A vote was taken and the motion passed 5-0.
1 � i
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STATE OF IOWA )
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JOHNSON COUNTY )
I, Kellie K. Grace, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto
is a true and correct copy of Ordinance No. 24-4930 which was passed by the City Council of Iowa
City, Iowa, at a regular meeting held on the 20th day of August 2024 is a true and correct copy, all as
the same appears of record in my office.
Dated at Iowa City, Iowa, this 223 r day of August 2024.
1-4 L'd. Fl�JC-le-1
Kellie X. Grace
City Clerk
\ord
'IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII(IIIIIIIIIIII)
Doc ID: 032337910008 Type: GEN
Kind: ORDINANCE
Recorded: 08/26/2024 at 11:34:36 AM
Fee Amt: $42.00 Paqe 1 of 8
Johnson County Iowa
Kim Painter County Recorder
Fc W-
410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009
Prepared by: Melanie Comer, Planning Intem, 410 E. Washington Street, Iowa City, IA 52240 (REZ24-0004)
Ordinance No. 24-4930
An ordinance conditionally rezoning approximately 5.01 acres of land
located at 1215 Camp Cardinal Road from Interim Development Single -
Family Residential (ID-RS) zone to Low -Density Single -Family
Residential (RS-5) zone (REZ24-0004).
Whereas, the owners, Matthew and Diana Kain, have requested a rezoning of property
located at 1215 Camp Cardinal Road from Interim Development Single -Family Residential (ID-
RS) zone to Low -Density Single -Family Residential (RS-5) zone; and
Whereas, the Comprehensive Plan indicates that this area is intended for single-family
residential uses that are consistent with the character of the surrounding neighborhood; and
Whereas, the rezoning creates a public need for improvements to pedestrian connectivity,
including the installment of sidewalks along Camp Cardinal Road; and
Whereas, the rezoning creates a public need for additional public right-of-way for a
turnaround due to the future vacation of Camp Cardinal Rd within the City of Coralville, and also a
public need to ensure access to City utilities; and
Whereas, the Planning and Zoning Commission has reviewed the proposed rezoning and
determined that it complies with the Comprehensive Plan provided it includes conditions regarding
the construction or dedication of public improvements such as dedication of right-of-way along
Camp Cardinal Road for a turnaround, installation of a sidewalk and curb ramps, and the
demonstration of access to City utilities; and
Whereas, Iowa Code §414.5 (2024) provides that the City of Iowa City may impose
reasonable conditions on granting a rezoning request, over and above existing regulations, in
order to satisfy public needs caused by the requested change; and
Whereas, the owners have agreed that the property shall be developed in accordance with the
terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate
development in this area of the city.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I Approval. Subject to the Conditional Zoning Agreement attached hereto and
incorporated herein, property described below is hereby reclassified to Low -Density Single -Family
Residential (RS-5) zone:
BEGINNING AT THE NORTHEAST CORNER OF SECTION 12, TOWNSHIP 79 NORTH,
RANGE 7 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA;
THENCE S00019'01"W, ALONG THE EAST LINE OF SAID SECTION 12, A DISTANCE OF
511.97 FEET, TO THE SOUTHEAST CORNER OF PARCEL "B" IN ACCORDANCE WITH
THE PLAT THEREOF RECORDED IN PLAT BOOK 25 AT PAGE 53 OF THE RECORDS
OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N89°40'35"W, ALONG
THE SOUTH LINE OF SAID PARCEL "B", 333.22 FEET, TO THE SOUTHWEST CORNER
THEREOF; THENCE N00°19'09"E, ALONG THE WEST LINE OF SAID PARCEL "B", THE
WEST LINE OF THE PARCEL CONVEYED BY WARRANTY DEED RECORDED IN BOOK
6531 AT PAGE 765 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S
OFFICE, AND THE WEST LINE OF PARCEL "A" IN ACCORDANCE WITH THE PLAT
Ordinance No. 24-4930
Page 2
THEREOF RECORDED IN PLAT BOOK 25, AT PAGE 53 OF THE RECORDS OF THE
JOHNSON COUNTY RECORDER'S OFFICE, 655.04 FEET, TO THE NORTHWEST
CORNER OF SAID PARCEL "A"; THENCE S89°40'34"E, ALONG THE NORTH LINE OF
SAID PARCEL "A", 329.87 FEET, TO THE NORTHEAST CORNER THEREOF; THENCE
S01°00'51"E, ALONG THE EAST LINE OF SAID PARCEL "A", 143.11 FEET, TO THE
POINT OF BEGINNING.
SAID REZONING PARCEL CONTAINS 5.01 ACRES, AND IS SUBJECT TO EASEMENTS
AND RESTRICTIONS OF RECORD.
Section II. Zoning Mao. The building official is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage,
approval and publication of the ordinance as approved by law.
Section III. Conditional Zoning Agreement. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s)
and the City, following passage and approval of this Ordinance.
Section IV. Certification And Recording. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the
same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon
the final passage, approval and publication of this ordinance, as provided by law.
Section V. Repealer. All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
Section VI. Severability. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section VII. Effective Date. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
happrovedahis 20th day of August 2024.
Pro Tem
City Clerk
Approved by
City Attorney? ffice — 07/31 /2024
Ordinance No. 24-4930
Page _ 3
Moved by Moe seconded by Harmsen thatthe
Ordinance as read be adopted, and upon roll call there were:
% Alter
X Bergus
X Dunn
X Harmsen
x_ Moe
X Salih
X Teague
First Consideration: August 06, 2024
VoteforPassage: AYES: Alter, Bergus, Dunn, Harmsen, Moe, Salih, Teague
NAYS: None
ABSENT: None
Second Consideration:
Date Published: August 29. 2024
Moved by Alter seconded by Moe that the rale requiring ordinances to be
considered and voted on for passage at two Council meetings prior to the meeting at which it is to be
finally passed be suspended, the second consideration and vote be waived, and the ordinance be voted
upon for final passage at this time.
AYES:Alter, Bergus, Dunn, Harmsen, Moe, Salih, Teague
NAYS: None
ABSENT: None
Prepared by: Melanie Comer, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (REZ24-0004)
Conditional Zoning Agreement
This agreement is made among the City of Iowa City, Iowa, a municipal corporation (hereinafter
referred to as "City") and Matthew and Diana Kain (hereinafter referred to as "Owner").
Whereas, Owner is the legal title holder of approximately 5.01 acres of land located at
1215 Camp Cardinal Road legally described below; and
Whereas, Owner has requested the rezoning from Interim Development Single -Family
Residential (ID-RS) zone to Low -Density Single -Family Residential (RS-5) zone; and
Whereas, the Comprehensive Plan indicates that the subject area is appropriate for low -
density single-family residential development; and
Whereas, the rezoning creates a public need for improvements to pedestrian connectivity,
including the installment of sidewalks along Camp Cardinal Road; and
Whereas, the rezoning creates a public need for additional public right-of-way for a
turnaround due to the future vacation of Camp Cardinal Rd within the City of Coralville, and also a
public need to demonstrate the existing utilities in the public right-of-way can be extended to any
proposed future development to ensure access to City utilities; and
Whereas, the Planning and Zoning Commission has reviewed the proposed rezoning and
determined that with reasonable conditions regarding the dedication of public right-of-way along
Camp Cardinal Road for a turnaround, installation of a sidewalk and curb ramps, and the
demonstration of access to City utilities, the requested rezoning is consistent with the
Comprehensive Plan; and
Whereas, Iowa Code §414.5 (2024) provides that the City of Iowa City may impose
reasonable conditions on granting a rezoning request, over and above existing regulations, in
order to satisfy public needs caused by the requested change; and
Whereas, The Owner agrees to develop this property in accordance with the terms and
conditions of the Conditional Zoning Agreement.
Now, therefore, in consideration of the mutual promises contained herein, the parties agree as
follows:
1. Matthew and Diana Kain are the legal title holders of the property legally described as:
BEGINNING AT THE NORTHEAST CORNER OF SECTION 12, TOWNSHIP 79 NORTH,
RANGE 7 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA;
THENCE S00'19'01"W, ALONG THE EAST LINE OF SAID SECTION 12, A DISTANCE OF
511.97 FEET, TO THE SOUTHEAST CORNER OF PARCEL "B" IN ACCORDANCE WITH THE
PLAT THEREOF RECORDED IN PLAT BOOK 25 AT PAGE 53 OF THE RECORDS OF THE
JOHNSON COUNTY RECORDER'S OFFICE; THENCE N89040'35"W, ALONG THE SOUTH
LINE OF SAID PARCEL "B", 333.22 FEET, TO THE SOUTHWEST CORNER THEREOF;
THENCE N00019'09"E, ALONG THE WEST LINE OF SAID PARCEL "B", THE WEST LINE OF
THE PARCEL CONVEYED BY WARRANTY DEED RECORDED IN BOOK 6531 AT PAGE 765
OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, AND THE WEST
LINE OF PARCEL "A" IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT
BOOK 25, AT PAGE 53 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S
OFFICE, 655.04 FEET, TO THE NORTHWEST CORNER OF SAID PARCEL "A"; THENCE
S89040'34"E, ALONG THE NORTH LINE OF SAID PARCEL "A", 329.87 FEET, TO THE
NORTHEAST CORNER THEREOF; THENCE S01 °00'51"E, ALONG THE EAST LINE OF SAID
PARCEL "A", 143.11 FEET, TO THE POINT OF BEGINNING.
SAID REZONING PARCEL CONTAINS 5.01 ACRES, AND IS SUBJECT TO EASEMENTS
AND RESTRICTIONS OF RECORD.
2. Owner acknowledges that the City wishes to ensure conformance to the principles of the
Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2024)
provides that the City of Iowa City may impose reasonable conditions on granting a
rezoning request, over and above the existing regulations, in order to satisfy public
needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, Owner agrees that
development of the subject property will conform to all requirements of the Zoning Code,
as well as the following conditions:
A. Prior to issuance of a certificate of occupancy, Owner shall:
a. Construct an 8' wide sidewalk along the Camp Cardinal Road frontage from
the southern property line to the existing driveway, as well as installation of
curb ramps to connect to the sidewalk on the east side of Camp Cardinal
Road. Per 15-3-3C, the City shall pay for the overwidth of the cost of the 8'
sidewalk, which is the additional 3' beyond the standard 5' sidewalk width.
b. Dedicate to the City, without compensation, no more than 5,000 sq ft right-of-
way along Camp Cardinal Road (see Exhibit 1) for the future installation of a
turnaround. Final dedication will be reviewed and approved by the City
Engineer.
B. Prior to issuance of a building permit, Owner shall:
a. Demonstrate that the existing utilities in the public right-of-way can be
extended to any proposed future development to ensure access to City utilities.
4. The conditions contained herein are reasonable conditions to impose on the land under
Iowa Code §414.5 (2024), and that said conditions satisfy public needs that are caused
by the requested zoning change.
5. This Conditional Zoning Agreement shall be deemed to be a covenant running with the
land and with title to the land, shall inure to the benefit of and bind all successors,
representatives, and assigns of the parties, and shall remain in full force and effect until
a certificate of occupancy is issued for the above -described property, upon which
occurrence these conditions shall be deemed satisfied and this agreement of no further
force and effect.
6. Nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner
from complying with all other applicable local, state, and federal regulations.
7. This Conditional Zoning Agreement shall be incorporated by reference into the
ordinance rezoning the subject property, and that upon adoption and publication of the
ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at
the Applicant's expense.
Dated this day of TJ
City f Iowa City
M*r Pro Tem
Attest:
Kellie Grace, City Clerk
Approved, r
City Attorney's Office
City of Iowa City Acknowledgement:
State of Iowa )
) ss:
Johnson County )
2024.
Matthew Kain /!/y
By:
Diana Kain
By:
This instrument was acknowledged before me on u�or ;�
Au ust 20 2024 byS.wG^-XeagL1a.
and Kellie Grace as Mayor and City Clerk, respectively, of the City of Iowa City.
Notary Public in
{Stamp or
Matthew Kain Acknowledgment:
State orit')cl
County of L, 41\N
the State
Commission Numf
My Commission
This record was- acknowledged before me ojNotabgficin
, 2024 by tthew Kain.
and or the State of wa
{Stamp or Seal}
WVW
M. KWIATber 847489on pins0
3
My commission expires:
Diana Kain Acknowledgment:
State of �N
County of 5.�Nj\
This record was acknowledged before me on 2024by Divna Kain.
NotaN.P61blic in n the State of I wa
• Is� JACUEUNE M. KWfAT
(Stamp or Seal) x° Commission M m6 847489
My Commission p,
st 9, 20
My commission expires:
0
Item Number: 8.b.
I, CITY OF IOWA CITY
COUNCIL ACTION REPORT
August 20, 2024
An ordinance rezoning approximately 7.0 acres of property located at 2255 North Dubuque
Road from Office Research Park (ORP) zone to Neighborhood Public (P-1) zone. (REZ24-
0005). (Second Consideration)
Attachments: REZ24-0005 Staff Report with Attachments
PZ 6.26.24 Prelim Minutes
Ordinance
STAFF REPORT
To: Planning and Zoning Commission
Item: REZ24-0005
GENERAL INFORMATION:
Owner/Applicant:
Contact Person:
Requested Action:
Purpose:
Location:
Location Map:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning
Prepared by: Melanie Comer, Planning
Intern
Date: June 26, 2024
Jeff Barnes
Iowa City Community School District
319-688-1250
Barnes.jeff@iowacityschools.org
MMS Consultants
Brock Heller
319-361-3498
b.heller(a)mmsconsultants.net
1917 S Gilbert St
Iowa City, IA 52240
Rezoning of 7.0 acres of property from Office
Research Park (ORP) to Neighborhood
Public (P-1).
To reflect public ownership of the land and to
allow educational facilities associated with
the Iowa City Community School District.
2255 N Dubuque Rd
s
7.0 acres
Office building, Office Research Park (ORP)
North: Office Research Park (ORP), Rural
K
Residential (RR-1)
South: Low -Density Multi -Family
Residential with a Planned
Development Overlay (OPD/RM-
12), Interim Development Research
Park (ID -RP)
East: Interim Development Research
Park (ID -RP)
West: Low -Density Single -Family
Residential with a Planned
Development Overlay (OPD/RS-5)
Comprehensive Plan: Office Research Development Center
District Plan:
File Date:
Northeast
May 31, 2024
45-Day Limitation Period July 15, 2024
BACKGROUND INFORMATION:
The owner, the Iowa City Community School District (ICCSD), has requested a rezoning of
approximately 7.0 acres of land from Office Research Park (ORP) to Neighborhood Public (P-1)
located at 2255 N Dubuque Road.
The land containing the subject property was annexed into Iowa City between the years 1969-1972.
This property is located adjacent to the ACT, Inc. campus, which is located to the northeast of the
subject property. The subject property was sold to ICCSD from ACT, Inc. in 2022. Per the
application, the Iowa City Community School District plans to renovate the existing building to house
the ICCSD Center for Innovation which will include offices, meeting rooms and future classrooms.
ANALYSIS:
Current Zoning: The property is currently zoned Office Research Park (ORP). The purpose of the
ORP zone is to provide areas for the development of office, research, production, or assembly firms
and other complimentary uses. Some examples of uses allowed within the ORP zone are medical
offices, general offices, and technical/light manufacturing uses. Educational facilities are not allowed
in the ORP zone.
Proposed Zoning: The proposed zoning of the property is the Neighborhood Public (P-1) zone.
The purpose of the public zones is to provide reference to public ownership and use of land, or to
use of the land for infrastructure services that need to be located in or near the area where the
service is provided. The P-1 zone allows uses such as schools, parks, police or fire stations, and
other civic buildings controlled by the City of Iowa City or ICCSD. Uses within this zone are subject
to development standards to create a smooth transition between public and private uses. Land,
buildings, or structures used for public or governmental purposes and owned by the federal, state,
or local governments, or political subdivisions thereof, or the Iowa City Community School District
are allowed in this zone. This would include educational facilities.
Rezoning Review Criteria:
Staff uses the following two criteria in the review of rezonings:
1. Consistency with the comprehensive plan;
2. Compatibility with the existing neighborhood character.
Compliance with Comprehensive Plan:
3
According to the IC2030 Comprehensive Plan's Future Land Use Map, this area is suitable for
Office Research Development uses. With the change in ownership to the Iowa City Community
School District the rezoning helps to identify that the land and buildings will be used to help
achieve the mission of the Iowa City Community School District.
Within the vision statement of the IC2030 Comprehensive Plan is a goal to continue "Encouraging
and supporting collaborative efforts with the University of Iowa, the Iowa City Community School
District, Johnson County, and other neighboring jurisdictions for the mutual benefit of all
communities". Through a collaboration with the City of Iowa City to increase the capacity for the
Iowa City Community School District's educational operations, compliance with the
Comprehensive Plan is promoted.
Compatibility with Existing Neighborhood Character:
To the north and east of the subject property is the ACT campus. Land to the west is also owned
by ACT, Inc. To the south is the Oaknoll East development, which consists of three multi -family
buildings. The ICCSD plans to re -use the existing building on the subject property to house office
and educational facilities. The Neighborhood Public zone is intended to be compatible with many
land uses, including offices and residential uses.
NEXT STEPS:
After a recommendation from the Planning and Zoning Commission this application will be
considered by the City Council.
STAFF RECOMMENDATION:
Staff recommends approval of REZ24-0005, a proposal to rezone approximately 7.0 acres of land
at 2255 N Dubuque Rd from Office Research Park (ORP) zone to Neighborhood Public (P-1)
zone.
ATTACHMENTS:
1. Location Map
2. Zoning Map
3. Applicant Submittal
Approved by:
Tracy Hightshc� -, irector
Department of hborhood and Development Services
ATTACHMENT 1
Location Map
N
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5
0 0.02 0.04 0.07 Miles
REZ24-0005
2255 N Dubuque Road
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Prepared By: Melanie Corner
Date Prepared: June 2024
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ATTACHMENT 2
Zoning Map
N
W E
5
0 0.02 0.04
REZ24-0005
0.07 Miles 2255 N Dubuque Road
ID-R5
71 0'.
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Prepared By: Melanie Comer'
Date Prepared: June 2024
ATTACHMENT 3
Applicant Submittal
M
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9
V.
MMS Consultants, Inc.
Experts in Planning and development Since 1975
May 31, 2024
City of Iowa City
410 E. Washington Street
Iowa City, IA 52240
1917 5. Gilbert Street
Iowa City, Iowa 52240
319.351.8282
mmsconsultants.net
turns@ mmsconsultants.net
RE: Auditor's Parcel 2022064 according to the Survey Plat thereof Recorded in
Plat Book 66, Page 97, of the records of Johnson County, Iowa.
On behalf of the Iowa City Community School District (ICCSD), we are submitting a
request for the Rezoning for Auditor's Parcel 2022264 located at 2255 N. Dubuque
Road. The property described consists of 7.00 acres in total. We are proposing a change
in the zoning of the property from Office Research Park (ORP) to Neighborhood Public
(P1). We feel this amendment is appropriate given the property is owned by ICCSD and
the existing facility is being renovated as the ICCSD Center for Innovation which will
include offices, meeting rooms and future classrooms.
If you have questions or require any additional information, please contact us
accordingly.
Respectfully submitted,
16VCA��
Brock Heller, PLA
MMS Consultants, Inc.
T:\9500\9500-010\Rezoning\9500-010L1.docx
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LOCATION SURVEYREQUESTED BY
AUDITOR'S PARCEL 2022D64, BEING A PORTION OF THE IOWA OTY COMMUNITY SCHOOL DISTRICT
SOUTHEAST BUMTER OF THE NORTHEAST QUARTER OF —N DODGE STREET
SECTION;TOWNSHIP J9 NORTH, RANGE WEST, OF THE IOWA any, IOWA 5224E
FIFTH PRINOPAL MERIDIAN, IOWA CITY, JOHNSON COL NTY,
IOWA
RI MDR. NOWOTNY P.L.S ICWA OTY COMMUNITY SCHOOL DISTRICT
MMS CONSULTANTS INC — N DODGE STREET
1917 SOUTH GILMRT STREET IOWACTY, IOWA 5224E
IOWA CTY, IOWA, 522C
PHONE: S-5-282
NORTHEAST CORNER
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PARCEL
REZONING EXHIBIT
Auditor's Parcel 2022064
Iowa City, Johnson County, Iowa
LEGEND AND NOTES
A
- CONGRESSIONAL CORNER, FOUND
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- CONGRESSIONAL CORNER, REE—USHEO
- CONGRES90NAL CGRNER, RECORDED LOCATDN
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- PROPERTY k/0r BOUNDARY LINES
- CONGRESSONAL SECTION LINES
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- RIGHT-OF-WAY LINES
- CENTER LINES
LOT LINES. INTERNAL
- - - - - - - -
---------
- LOT LINES. PLATTED OR BY DEED
- - -
EASEMENT LINES, WIDTH & PURPOSE NOTED
ENSTNG EASEMENT LINES, PURPOSE NOTED
(R)
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UNLESS NOTED OTHFRWSE, ALL
- RECORDED DINENSIONS
-MEASURE. OWENSIONS
- CURVE SEGMENT NUMBER
NNFN90N5 ARE IN FEET MO HUNDREDTHS
LOCATION MAP — N.T.S.
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DESCRIPTION -REZONING PARCEL (ORP TO P1)
AUDITOR'S PARCEL 2022064, TO IOWA CITY, IOWA, IN ACCORDANCE WITH
THE PLAT THEREOF RECORDED IN PLAT BOOK 66 AT PAGE 97 OF THE
RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, DESCRIBED AS
FOLLOWS:
Beginning at the East Quarter Corner of Section 2, Township 79 North,
Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County,
Iowa; Thence S87'19'49"W, along the South Line of the Southeast Quarter
of the Northeast Quarter of said Section 2, and the East Line of Larson
Subdivision, in accordance with the Plat thereof Recorded in Plat Book 61 at
Page 201 of the Records of the Johnson County Recorder's Office. 473.28
feet; Thence N01'57'38"W, along said East Line, 653.07 feet; Thence
N88'02'31"E, 47.66 feet; Thence Northeasterly, 140.94 feet, along a 480.80
foot radius curve, concave Northwesterly, whose 140.44 foot chord bears
N79'38'38"E; Thence N81'10'21"E, 101.39 feet; Thence S89'23'59"E, 98.67
feet; Thence Southeasterly, 229.90 feet, along a 475.19 foot radius curve,
concave Northeasterly, whose 227.67 foot chord bears S24'10'42"E, to a
Point on the East Line of said Southeast Quarter of the Northeast Quarter of
Section 2; Thence S02-07'29"E, along said East Line, 464.67 feet, to the
Point of Beginning. Said Auditor's Parcel 2022064 contains 7.00 Acres, and is
subject to easements and restrictions of record.
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Planning and Zoning Commission
June 26, 2024
Page 7 of 10
CASE NO. REZ24-0005
Location: 2255 N. Dubuque Rd.
An application for a rezoning of approximately 7.0 acres of land from Office Research Park
(OPD) zone to Neighborhood Public (P-1) zone.
Russett stated this is an application from Iowa City Community School District for an area about
seven acres off of North Dubuque Road. Looking at the zoning map the ACT campus is to the
northeast of the site and the school district purchased a building from ACT. To the south is
Oaknoll East, the three multifamily buildings. Most of the area to the west and to the east
remains undeveloped. This property was annexed into Iowa City in the late 1960s, early 1970s.
The Iowa City Community School District would like to use what they recently purchased from
ACT as administrative offices and some educational facilities. The School District seeks to
rezone this P-1 for a couple of reasons, one to demonstrate that it is a publicly owned site, but
they also want to have educational facilities and Russett explained the existing zoning does not
allow educational facilities as a land use.
Russett showed a few photographs of the site noting it's a very beautiful property with trees in
front of it. The current zoning is ORP which generally allows office type uses but educational
facilities are not allowed. The Neighborhood Public Zone being proposed is used to reference
public ownership. Examples are schools, parks, police and fire stations and other civic buildings
that are controlled by local governments or the Iowa City Community School District.
In terms of general development criteria, Russett stated the Comprehensive Plan does show this
as Office Research Development Center in terms of the land use, however, there is part of the
Plan's vision that shows the City should encourage and support collaborative efforts with the
School District and other jurisdictions for mutual benefit of all communities, so staff feels this
rezoning is in line with the Comprehensive Plan. In terms of compatibility with the existing
character, the land to the north, east and west is all owned by ACT. Most of the area that's
developed is the ACT campus except for to the south, where it's the multifamily Oaknoll East
campus. The School District plans to reuse the existing building and has their current
administration building nearby on North Dodge Street.
In terms of next steps, this will go to City Council after a recommendation from the Planning and
Zoning Commission. Staff anticipates that City Council will set a public hearing on July 16, and
that public hearing would be August 6.
Staff recommends approval of REZ24-0005, a proposal to rezone approximately 7.0 acres of
land at 2255 N Dubuque Rd from Office Research Park (ORP) zone to Neighborhood Public (P-
1) zone.
Craig asked what is allowed under educational facilities. Russett explained it would be basically
public schools but there's also private schools that are considered a general educational facility.
Specialized educational facilities as a land use could also be things like specialized educational
training, like a Preucil School of Music or a dance studio, but this would be considered general
educational facility.
Craig asked if the plan is to redo this current building into new offices for the Iowa City
Community School District. Russett stated she thinks they're currently using the space as offices,
Planning and Zoning Commission
June 26, 2024
Page 8 of 10
but they do plan to incorporate some classroom space as well.
Townsend asked if they are also planning to build additional units on that space. Russett doesn't
believe any additions are proposed at this time, but that could be possible.
Hensch opened the pubic hearing
Brock Heller (MMS Consultants) stated the proposed rezoning is taking into account renovations
of the existing space which is going to be predominantly office areas. However, part of the
architect's plans, as well as the School District's intention, is to incorporate some classrooms. He
is not sure at this time what grades or types of classrooms are being proposed. Also, at this time
there's no intention of expanding the footprint of the building. There is a FEMA shelter basement
addition that's below grade of the building for a tornado shelter because if part of it's going to be
a classroom space for safety purposes they need a FEMA rated shelter that has to hold the
entire weight of the building if it were to collapse.
Hensch closed the public hearing.
Townsend moved to recommend approval of REZ24-0005, a proposal to rezone
approximately 7.0 acres of land at 2255 N Dubuque Rd from Office Research Park (ORP)
zone to Neighborhood Public (P-1) zone.
Quellhorst seconded the motion.
Townsend asked if the addition of the storm shelter being built will have to come back to this
Commission for review. Russett replied no, it would just be site planning and building permits,
which are just reviewed by staff.
Quellhorst stated this is a great use of space.
Townsend agreed it is nice to see a building being reworked as opposed to torn down and
rebuilt.
A vote was taken and the motion passed 5-0.
CONSIDERATION OF MEETING MINUTES: MAY 1. 2024:
Townsend moved to approve the meeting minutes from May 1 2024. Wade seconded the
motion, a vote was taken and the motion passed 5-0.
PLANNING AND ZONING INFORMATION:
Hektoen announced this was her last Planning and Zoning Commission meeting as she is
resigning from the City of Iowa City. Commissioners thanked her for all her years of service and
her dedication to bettering the community.
Russett shared that the Pagliai's landmark rezoning has been approved by Council. She also
shared that there will be no P&Z meeting on Wednesday, July 3, the next meeting will be
Wednesday, July 17.
STATE OF IOWA )
)SS
JOHNSON COUNTY )
I, Kellie K. Grace, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto
is a true and correct copy of Ordinance No. 24-4931 which was passed by the City Council of Iowa
City, Iowa, at a regular meeting held on the 20th day of August 2024 is a true and correct copy, all as
the same appears of record in my office.
Dated at Iowa City, Iowa, this Z?ffday of August 2024.
Kellie 1 . Grace
City Clerk
\ord
II IIIII IIII I I III IRII IIIII III Il IIIII IIIII illll IIIII Iliii IIIII IIIII IIIII IIII IIII
Doe ID: 032337900004 Type: GEN
Kind: ORDINANCE
Recorded: 08/26/2024 at 11:21:53 AM
Fee Amt: $22.00 Pape 1 of 4
Johnson County Iowa
Kim Painter County Recorder
13K6590 PG619-622
Fey
410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009
Prepared by: Melanie Comer, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240 (REZ24-0005)
Ordinance No. 24-4931
An ordinance rezoning approximately 7.0 acres of property located at
2255 North Dubuque Road from Office Research Park (ORP) zone to
Neighborhood Public (P-1) zone. (REZ24-0005).
Whereas, the owner, Iowa City Community School District, has requested a rezoning of
property located at 2255 North Dubuque Road from Office Research Park (ORP) zone to
Neighborhood Public (P-1) zone; and
Whereas, the Comprehensive Plan indicates that this area is suitable for Office Research
Development uses and also encourages collaborative efforts between the Iowa City Community
School District and the City of Iowa City; and
WHEREAS, the rezoning is being requested to reflect public ownership of the property and to
allow for land uses that help the Iowa City Community School District to achieve its mission, such
as educational facilities; and
WHEREAS, the P-1 zone is intended for uses such as schools, parks, police and fire stations,
and other civic buildings owned or otherwise controlled by the County, the City, or the Iowa City
Community School District; and
Whereas, the Planning and Zoning Commission has reviewed the proposed rezoning and has
recommended approval.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I Approval, Property described below is hereby reclassified to Neighborhood Public
(P-1):
BEGINNING AT THE EAST QUARTER CORNER OF SECTION 2, TOWNSHIP 79 NORTH,
RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY,
IOWA; THENCE S87°19'49"W, ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER
OF THE NORTHEAST QUARTER OF SAID SECTION 2, AND THE EAST LINE OF LARSON
SUBDIVISION, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK
61 AT PAGE 201 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE.
473.28 FEET; THENCE N01°57'38"W, ALONG SAID EAST LINE, 653.07 FEET; THENCE
N88002'31"E, 47.66 FEET; THENCE NORTHEASTERLY, 140.94 FEET, ALONG A 480.80
FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 140.44 FOOT CHORD
BEARS N79038'38"E; THENCE N81°10'21"E, 101.39 FEET; THENCE S89°23'59"E, 98.67
FEET; THENCE SOUTHEASTERLY, 229.90 FEET, ALONG A 475.19 FOOT RADIUS CURVE,
CONCAVE NORTHEASTERLY, WHOSE 227.67 FOOT CHORD BEARS S24°10'42"E, TO A
POINT ON THE EAST LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 2; THENCE S02°07'29"E, ALONG SAID EAST LINE, 464.67 FEET,
TO THE POINT OF BEGINNING. SAID AUDITOR'S PARCEL 2022064 CONTAINS 7.00
ACRES, AND IS 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.
Ordinance No. 24-4931
Page 2
Section III. Certification And Recording. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and 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 IV. Repealer. All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
Section V. Severability. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section VI. Effective Date. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passedgind approved this loth day of August 2024.
Mayor Y LTem
Attest:
'City Clerk
Approved by
City Atto y's Office - 07/30/2624
Ordinance No. 24-49-11
Page 3
Moved by Moe seconded by Alter thatthe
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Alter
X Bergus
X Dunn
% Harmsen
Moe
X Salih
X Teague
First Consideration: August 06, 2024
Vote for Passage: AYES: Alter, Bergus, Dunn, Harmsen, Moe, Salih, Teague
NAYS: None
ABSENT: None
Second Consideration:
Date Published: August 29, 2024
Moved by Alter seconded by Moe that the rule requiring ordinances to be
considered and voted on for passage at two Council meetings prior to the meeting at which it is to be
finally passed be suspended, the second consideration and vote be waived, and the ordinance be voted
upon for final passage at this time.
AYES:Alter, Bergus, Dunn, Harmsen, Moe, Salih, Teague
NAYS: None
ABSENT: None
Item Number: 9.a.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
August 20, 2024
Ordinance amending Title 3, entitled "Finances, Taxation and Fees," Chapter 4, entitled
"Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties".
Prepared By:
Reviewed By:
Fiscal Impact:
Staff Recommendation:
Attachments: Ordinance
Ron Knoche, Public Works Director
Kirk Lehmann, Assistant City Manager
None
Approval
Executive Summary:
The Public Works Department requests the City Council to consider amending Title 3,
Chapter 4 of the City Code.
Title 3, Chapter 4 amendments include adding water system charges for fire hydrant flow
tests and locating private service lines, after the initial 30 minutes; adding a water system
deposit for fire hydrant meters; and adding water system fees for taps, water meter, potable
meter kit rental, fire hydrant meter connection and disconnection, and fire hydrant meter
water use. The amendments also include adding wastewater system fees for testing and car
wash loads.
Background / Analysis:
Previously, Public Works staff were approving some fees administratively. In order to be
more transparent and to have all the charges, deposits and fees consolidated in one location,
staff recommends the City Council approve making the proposed amendments to Title 3,
Chapter 4 of the City Code, "Schedule of Fees, Rates, Charges, Bonds, Fines and
Penalties".
Proposed additions to Section 3, "Potable Water Use and Service" include water system
charges for fire hydrant flow tests and locating private service lines after the initial 30
minutes; adding a water system deposit for fire hydrant meters; and adding water system
fees for taps, water meter, potable meter kit rental, fire hydrant meter connection and
disconnection, and fire hydrant meter water use. These are services the City already charges
for, but they need to be updated to reflect the actual cost of the service and should be listed
in the Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties.
Proposed additions to Section 4, "Wastewater Treatment Works User Charges" include
wastewater system fees for testing and car wash loads.
I-CL-1
Prepared by: Ronald R. Knoche, Public Works Director, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5138
Ordinance No.
Ordinance amending Title 3, entitled "Finances, Taxation and Fees," Chapter
4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties"
Whereas, pursuant to Chapter 384, Code of Iowa (2023), the City of Iowa City is authorized to
establish and provide for the collection of rates to pay for the City's utility systems, including the
City's water supply and treatment system, wastewater treatment system, solid waste disposal
services at the municipal landfill, and parking system; and
Whereas, the City's financial policies dictate that the Water fund and the Wastewater fund shall
be self-supporting; and
Whereas, the Iowa City Water Division and Wastewater Division previously approved various
charges, deposits, and fees administratively; and
Whereas, the Iowa City City Council proposes to add water system charges for fire hydrant flow
tests and locating private service lines, after the initial 30 minutes; and
Whereas, the Iowa City City Council proposes to add water system deposits for fire hydrant
meters; and
Whereas, the Iowa City City Council proposes to add water system fees for taps, water meter,
potable meter kit rental, fire hydrant meter connection and disconnection, and fire hydrant meter
water use; and
Whereas, the Iowa City City Council proposes to add wastewater system fees for testing and
car wash loads; and
Whereas, the Iowa City City Council proposes these charges, deposits and fees be in effect on
October 1, 2024 to recover the City's cost of providing services.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Amendment.
1. Title 3, entitled "Finances, Taxation, and Fees," Chapter 4, entitled "Schedule of Fees, Rates,
Charges, Bonds, Fines and Penalties," Section 3, entitled "Potable Water Use and Service,"
of the Iowa City Code is hereby amended by adding as follows:
Ordinance No.
Page 2
3-4-3 : Potable Water Use and Service:
Description Of Fee, Charge, Bond, Fine Or Penalty
Amount Of Fee, Charge, Bond, Fine Or Penalty
Water Tap Fee
Tap Size
Charge
Standard Neptune T10 Water Meters
1-inch through 2-inch
$120.00
4-inch
$490.00
6-inch
$510.00
8-inch
$540.00
10-inch
$580.00
12-inch
$620.00
One -Time Only, Non -Refundable Water Meter Fee
Meter Size
Charge
(Inches)
Standard Neptune T10 Water Meters
5/8,
$300.00
5/8 X 3/4
$300.00
3/4
$430.00
3/4 Short length
$430.00
1
$560.00
1 1/2
$1,060.00
2
$1, 370.00
All strainers and any type of
Actual Cost
larger diameter meter,
Strainers, turbine, compound, and ultrasonic meters are special orders and not kept in stock by the Water
Division. The actual cost of the meter and related items such as kits are charged based
on the actual order
invoice.
User charges for Fire Hydrant Meter:
Usage Cubic
Charges
Feet (CF)
Fire Hydrant Meter
Minimum less than 900 CF
$35.00 Flat Fee
Over 900 CF
$4.09 per 100 CF
Meter Deposit
$500
Portable Meter Kit Rental Fee
Charge
$35.00
Fire Hydrant Flow Test
Charge
$150.00
Service Fees `
During Normal
After Normal Working
Working Hours
Hours'
Fire hydrant meter connection
$45
$94.48, plus hourly
overtime rate beyond 2
hours
Fire hydrant meter disconnection
$45
$94.48, plus hourly
overtime rate beyond 2
hours
Location of private service lines
$45 per hour; after first 30
$94.48, plus hourly
minutes
overtime rate beyond 2
hours
Ordinance No.
Page 3
2. Title 3, entitled "City Finances, Taxation, and Fees," Chapter 4, entitled "Schedule of Fees, Rates,
Charges, Bonds, Fines, and Penalties," Section 4, entitled "Wastewater Treatment Works User
Charges," of the Iowa City Code is hereby amended by adding as follows:
3-4-4 : Wastewater Treatment Works UserCharges:
Sanitary Sewer Service Charges; Description Of Fee,
Charge, Bond, Fine Or Penalty
Amount Of Fee, Charge, Bond,
Fine Or Penalty
City Code
Chapter, Article Or
Section Reference
Laboratory Testing Fees:
Regular (CBOD/TSS/Ammonia/pH)
$64.62
16-3A-4
pH
$8.40
16-3A-4
Zinc
$15.75
16-3A-4
Metals
$21.00
16-3A-4
Oil and Grease
$19.95
16-3A-4
Total Phosphorous (as P)
$36.40
16-3A-4
Total Nitrogen (as N)
$36.40
16-3A-4
6 month sample (combined metals and VOC)
$398.58
16-3A-4
Car Wash Load Fee
$525.00
16-3A-4
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 on October 1, 2024.
Passed and approved this day of 120
Mayor
Attest:
City Clerk
Approved by /
G .
City Attorney's ffice — 08/15/2024
Ordinance No.
Page 4
Moved by , seconded by , that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Alter
Bergus
Dunn
Harmsen
Moe
Salih
Teague
First Consideration: August 20, 2024
VoteforPassage: AYES: Alter, Bergus, Dunn, Harmsen, Moe, Salih, Teague
NAYS:
ABSENT: None
Second Consideration:
Date Published:
Moved by , seconded by , that the rule requiring ordinances to be
considered and voted on for passage at two Council meetings prior to the meeting at which it is to be
finally passed be suspended, the second consideration and vote be waived, and the ordinance be voted
upon for final passage at this time.
AYES:
NAYS:
Item Number: 9.b.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
August 20, 2024
Ordinance amending Title 9, entitled "Motor Vehicles and Traffic", Chapter 4 entitled "Parking
Regulations", Section 1, entitled "Parking Prohibited in Specified Places" by prohibiting
parking within 10 feet of "Yield" signs. (First Consideration)
Prepared By: Kent Ralston, Transportation Planner
Reviewed By: Tracy Hightshoe, Neighborhood and Development Services
Director
Eric Goers, City Attorney
Fiscal Impact: None
Staff Recommendation: Approval
Commission Recommendations: N/A
Attachments: Ordinance
Executive Summary:
Currently, the City Code prohibits on -street parking within ten feet upon the approach of any
flashing beacon, stop sign or traffic control signal located at the side of the roadway. The
reason for the prohibition is that cars parking at these locations can interfere with
approaching drivers' ability to see traffic signs and signals and create a hazardous situation.
While the same principle applies equally to yield signs, they do not currently have the same
protection in the City Code.
Background / Analysis:
Vehicles parking near or beneath yield signs has recently become problematic and is
creating unsafe situations at the intersections of roadways. This ordinance will allow
necessary traffic enforcement when vehicles are parking within ten feet of yield signs -
thereby improving visibility and increasing safety at these locations for motorists, bicyclists,
and pedestrians.
Prepared by: Eric Goers, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
Ordinance Number
Ordinance amending Title 9, entitled "Motor Vehicles and Traffic", Chapter
4 entitled "Parking Regulations", Section 1, entitled "Parking Prohibited in
Specified Places" by prohibiting parking within 10 feet of "Yield" signs.
Whereas, parking "[w]ithin ten feet (10) upon the approach of any flashing beacon, stop sign or
traffic control signal located at the side of the roadway" is currently prohibited; and
Whereas, the reason for the prohibition is that cars parking within 10' of the signs and signals
can interfere with approaching drivers' ability to see the traffic signs or signals; and
Whereas, the same principle applies equally to yield signs, which currently do not have the
same protection; and
Whereas, the lack of protection for yield signs has become a problem within the City; and
Whereas, it is in the best interest of the City to amend the ordinance to prohibit parking within
10' of yield signs as well.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Amendments
1. Title 9, entitled "Motor Vehicles and Traffic", Chapter 4 entitled "Parking Regulations",
Section 1, entitled "Parking Prohibited in Specified Places", is amended by striking paragraph
A.(5) and replacing it with the following language:
Within ten feet (10') upon the approach of any flashing beacon, stop sign, yield sign, or
traffic control signal located at the side of the roadway.
Section It. Repealer. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
Section 111. 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 2024.
City Attorney's Office
Attest:
City Clerk
Approved by
�E-
City Attorney Office — 08/13/2024
Ordinance No,
Page 2
Moved by seconded by. that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Alter
Bergus
Dunn
Harmsen
Moe
Salih
Teague
First Consideration: Au2us_t`20 , 2024
Vote for Passage: AYES: Teague, Salih, Moe, Harmsen, Dunn, Bergus, Alter
NAYS: None
Second Consideration:
Date Published:
Moved by seconded by that the rule requiring ordinances to be
considered and voted on for passage at two Council meetings prior to the meeting at which it is to be
finally passed be suspended, the second consideration and vote be waived, and the ordinance be voted
upon for final passage at this time.
F.Wd
!s[;1�
nW3a21
Item Number: 9.c.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
August 20, 2024
Ordinance amending Title 5, entitled "Business and License Regulations," Chapter 2, entitled
"Taxicabs and Pedicabs," Section 2, entitled "Business Licenses," to change the time period of
the license term, Section 5, entitled "Vehicle Requirements," to remove the color scheme
requirement for vehicles, and Section 10, entitled "Pedicabs," to remove the color scheme
requirement for pedicabs. (Second Consideration)
Prepared By: Ashley Platz, Deputy Clerk
Reviewed By: Kellie Grace, City Clerk
Sue Dulek, First Assistant City Attorney
Fiscal Impact:
none
Staff Recommendation: Approval
Commission Recommendations: N/A
Attachments: Staff Memo [Previously distributed on 7/11/2024]
Ordinance
Executive Summary:
City Council received correspondence requesting the color scheme requirement for metered
taxicabs be eliminated. The City Clerk distributed a memo in the July 11, 2024 Information
Packet that provided a history on the color scheme requirement.
Background / Analysis:
Staff does not see a need for the uniform color scheme anymore given the State legislature
prohibits the City from regulating ride -share companies, the fact there is currently only one
taxicab company, and the changes in technologies used to locate vehicles.
Staff is also requesting a Code amendment to change the taxicab business license to run
from July 1 to June 30 to correspond to the City's fiscal year and to remove the requirement
for pedicabs to be substantially similar in color and design to decrease additional costs to
pedicab companies.
IP6 of the 7/11 Information Packet
r
�.7 CITY OF IOWA CITY
]LI
Niz
MEMORANDUM
DATE:
July 10, 2024
TO:
Mayor and City Council
FROM:
Kellie Grace, City Clerk
RE:
Taxicab Regulations — Color Scheme
Introduction:
City Council received correspondence requesting the color scheme requirement for metered
taxicabs be eliminated. The following memo provides a history on color schemes as required in
City Code Section 5-2-5(C)(4), Color Scheme: Beginning June 1, 2015, all metered taxicabs
must have a unique and distinctive color scheme and design, which must be approved by the
City.
History/Background:
In the spring of 2014, the Police Department investigated allegations of sexual assaults
involving taxicab drivers. During their investigations the Police Department expended many
hours in attempting to locate drivers and vehicles. In order to address the police Department's
needs in investigating crimes, staff recommended certain amendments to meet health, safety
and welfare requirements which included the following: The Police Department's need for
consumers and crime victims to be able to identify vehicles and drivers. In order to address that
need the following amendment was requested: metered taxicabs businesses should have a
unique color scheme.
In February of 2015, the City Council passed a taxi ordinance which included the language
requiring the unique color scheme. This ordinance included regulations pertaining to
Ridesharing Transportation Services/Network Taxicab Business such as Uber and Lyft.
In January of 2017, the State legislature prohibited the City (and all Iowa local governments)
from regulating Uber and Lyft (referred to as Transportation Network Companies). See Chapter
321 N of the Iowa Code.
There is currently one taxicab company in Iowa City which has two vehicles and four licensed
drivers.
Conclusion:
Staff does not see a real need for the uniform color scheme anymore given ride -share
companies, the fact that there is only one cab company, and the changes in technologies used
to locate vehicles.
Attachments: 2014 Memo re: Proposed Taxi Ordinance
CITY OF IOWA CITY IN
'-��-IN 11% M E M 0 R A N D U M
DATE: NOVEMBER 25, 2014
TO: TOM MARKUS, CITY MANAGER
FROM: SIMON ANDREW, ADMINISTRATIVE ANALYST
ALEC BRAMEL, INTERN CITY MGR.'S OFFICE
SUSAN DULEK, ASS'T. CITY ATTORNEY
DEREK FRANK, POLICE SGT_
DOUG HART, POLICE CAPTAIN
MARIAN K. KARR, CITY CLERK
RE: PROPOSED TAXI ORDINANCE
Introduction
The proposed ordinance is the result of two somewhat simultaneous events, the police investigations
into sexual assaults this past spring and the expected arrival of ridesharing services such as Uber and
Lyft. After Council discussed the Police Department's taxicab recommendations at the August 19 work
session, staff invited all the taxicab businesses to a public forum on September 9, 2014 as directed by
Council. At about this same time, Uber, a ride -sharing business headquartered in San Francisco,
contacted staff, and an Uber consultant met with staff. Staff has also reviewed recent state and local
laws regulating ridesharing services, including those of Minneapolis, Seattle, and Colorado. The
approaches other municipalities have taken to regulating ridesharing services are varied, ranging from
attempts to shut down ridesharing operations to near deregulation of taxi operations. The
recommendations presented by staff fall somewhere in between; staff focused on the degree to which
each recommendation met the goals outlined below. Last, although most of the current taxicab
provisions have not been substantively changed, they have been reorganized.
Goals_ and Principle
In drafting this proposal, staff was guided by five goals and one principle. The goals are:
1. The police need timely and accurate information on vehicles and drivers. This goal is
described more fully in Paragraph 1 of a Memo from the Police Chief to the City Manger
dated July 18, 2014 and as Public Safety Issue #1 in the handout developed by the police
department for the public forum. We have attached both the memo and the handout for your
reference.
2. Consumers need to be able to identify vehicles and drivers_ This goal is described more
fully in Paragraphs 2, 3 and 4 of the Chiefs memo and Public Safety Issue #2 in the public
forum handout.
3. The taxicab needs to be safe vehicle.
4. The driver needs to be a "good driver."
5. The fare charged needs to be a "fair price." By fair, staff is not recommending that the City
begin to regulate the amount of fares, but rather that the passenger needs to know how the
fare will be determined before agreeing to get into the taxicab.
The principle is that the regulations for "traditional' taxicab businesses and their vehicles and drivers
need to be the same as those of the ridesharing businesses and their vehicles and drivers with limited
exception
Definitions
The term "metered" is used to identify a traditional taxicab business. In this business model, the
business "dispatches" a driver to a passenger, and a passenger may hail a taxicab.
The term "network" is used to identify a ridesharing business. In this business model, the business
"connects" a driver to a passenger via a web -based application ("app"), and it cannot be hailed.
Notable Changes to the Current Code
In addition to the changes needed to regulate the ridesharing services (i.e., network taxicab
businesses), the following are the notable changes to the current Code:
1. Airport shuttles. Staff did not believe that continuing to regulate airport shuttles furthered any of
the five Goals. Additionally, staff could not find a reason why it was necessary to regulate them
but not limousine services or charter transportation services.
2. Business issued identification cards. Based on Goals 1 and 2, the proposal requires the City
rather than the business to issue the cards. This will insure good quality identification cards as
well as a digital file containing photographs of all drivers. Staff realizes that it will take time to
administer, this but it is an important step in fulfilling Goals 1 and 2.
3. The exception that allows dispatching not to be done from the office from midnight to 6:00 am
has been eliminated based on Goals 1 and 2. The police department needs to be able to
contact the business in the middle of the night when investigating a crime.
4. Destination rate has been redefined to be a rate between any location within the corporate limits
to any place outside the corporate limes to further Goal 5. The current definition allows
passengers to be gouged, so to speak. For example, a business has a destination rate to
Kinnick Stadium, but may drop off a passenger blocks away due to traffic. Also, drivers will
choose to charge the person a destination rate or the rate shown on the meter whichever is
greater. Staff believes these problems will be eliminated if a flat rate can only be charged to a
location outside the City and not from one location within the City to another location within the
City.
5. A requirement for a unique color scheme is added to meet Goals 1 and 2. Staff realizes that
this too will require staff time to implement, but it is crucial to meeting Goals 1 and 2. Staff also
realizes that will be a cost to businesses, but again it is needed to meet Goals 1 and 2.
Notable Differences between Network Taxis and Metered Taxis
As stated earlier, we believe that a network taxicab business should be treated the same as a network
metered taxicab business to the extent possible. Below are the notable instances in each chapter in
which they are treated differently and the reason why:
Business Licenses:
a. A network taxicab business is not required to have a local office. A metered taxi business is
required to maintain a local office in order to provide information to the City during an
investigation of a driver. This addresses Goals 1 and 2 as explained above. Network
businesses provide important driver information via an application. This application provides
the passenger with the license plate number, the driver's name, and the photo of the driver
at the time the passenger accepts the ride. This information is stored electronically by the
network business and on the passenger's individual account. The police will be able to
obtain this information from the passenger or network business, eliminating the need for a
local office. Additionally, a network business does not need space to dispatch drivers.
2. Decals: None.
3. Vehicle Requirements:
a. Metered taxis must have meters, lettering and a lighted dome. This is because metered
taxis can be hailed and network taxis cannot be.
b. Metered taxis must have a unique color scheme. As stated above, the color scheme will
assist a crime victim or witness in identifying a particular taxicab business and driver. A
network passenger, on the other hand, will have certain information provided prior to the ride
including the license plate, driver photo, and driver name, and this information is
immediately available to the passenger either using the app or accessing an online account.
c. Metered taxi businesses must operate a minimum of 4 cars.
4. Driver Requirements:
a. Network drivers cannot respond to a street hail. As a result, they cannot, for example, pull
up to the curb at bar closing and pick up passengers unless the ride was previously
arranged via the app.
5. Rates:
a. Network businesses are not required to file rate cards or use meters. When using a network
business, the passenger is given a price range for the ride, and the passenger must accept
this price using the app before the driver agrees to the ride. This assures the passenger of
fair pricing. With a metered business, the rate card serves this same purpose, namely the
passenger is apprised of the price to be charged before entering into the taxicab.
6. Liability Insurance: None.
Background on Uber
Uber is a 'ride sharing' application based service founded in 2009. The service operates on mobile
smart phones as well as on a web application. Uber as a business has no employee drivers; rather they
contract with drivers through their Uber application. An Uber driver acts independently and utilizes the
Uber application to locate passengers that have requested a ride. This is similar to a traditional taxi
service yet different as Uber cars cannot be hailed, no money is exchanged, and Uber provides more
driver and vehicle information to the passenger before a ride takes place.
The driver's picture and first name, their vehicle model, license plate number, and contact information is
provided to the passenger on the Uber application prior to being picked up. Payment is handled
completely through the Uber application, no money is exchanged and no tips are necessary. Once the
trip is complete both the driver and the rider will both be emailed a receipt which is retained on the Uber
application for future access. After a ride, both driver and passenger have an opportunity to rate one
another through a five star system. This system is designed to keep bad drivers and inappropriate
passengers out of the system; a driver with a low rating could potentially be restricted from driving for
Uber.
A driver must have a car newer than 2004 that is a mid -size four door or larger that is in good to
excellent condition. A driver must also have personal auto insurance for themselves and the vehicle
prior to operating for Uber. Uber performs a background check for their drivers, conducts video
conference interviews, and a test of driving knowledge. Once this is complete a waiting period ensues.
Uber then contacts drivers that meet their standards and allow them to begin operating and responding
to rider requests via the application.
Conclusion
Staff is providing a copy of this memo and the proposed ordinance to all currently licensed taxicab
businesses, to Uber, and to the cities of Cedar Rapids, Coralville, and North Liberty. We look forward
to discussing this proposal at the work session on December 2.
Enc.
Copy to:
Eleanor M. Dilkes, City Attorney-w/enc.
Thomas M. Markus, City Manager-w/enc.
Geoff Fruin, Ass't. City Manager-w/enc.
Marian K. Karr, City Clerk-w/enc.
Sam Hargadine, Police Chief-w/enc.
Currently Licensed Taxicab Businesses-w/enc.
Michael Triplett, Uber Representative-w/enc.
Jasmine Almoayed, City of Cedar Rapids-w/enc.
Thor Johnson, City of Coralville-w/enc.
City of North Liberty-w/enc.
CITY OF IOWA CITY
"-�,■_ MEMORANDUM
Date: July 18, 2014
To: Tom Markus, City Manager �J
From: Sam Hargadine, Chief of Police C (a
Re: Taxicab Ordinance Recommendations
The use of taxicabs during or surrounding the commission of crimes is not uncommon. Police
investigations often involve the need to contact cab drivers and companies to locate suspects,
witnesses, and victims. The types of investigations are widespread and can include any type of crime
where a taxi was used as a mode of transportation; such as robbery, burglary, assault, theft, etc. Timely
resolution to these investigations is of the utmost importance to the Iowa City Police Department and
has a direct impact on the community's safety when a violent offender remains free. This was the case
during a recent sexual assault investigation. As a result, City personnel have discussed areas of concern
and have constructed five recommendations, which are included below.
1. During a recent sexual assault investigation the owner of a taxicab company was unable to
provide accurate or timely information about the company's current vehicles or drivers. The
owner simply did not know who was driving for the company or which company or independent
vehicles were being driven. At the time of the crime this information was not required to be
kept by taxi businesses. Investigators spent in excess of 200 hours within a week tracking down
possible drivers/cabs and compiling a spreadsheet that contained information that a company
should reasonably be able to produce upon request. This greatly slowed the time that it took to
identify and arrest a suspect in the case, thus allowing more time for the suspect to elude police
and potentially continue to commit such crimes.
Crimes such as burglaries, thefts, robberies, etc. frequently involve the use of taxi cabs
somewhere in the course of the events. Investigations into these types of crimes have also been
hindered by the lack of information. Often times a report is not made until a later date. When
the investigating officer contacts a company it can be extremely difficult, if at all possible, to
determine who had been working at the time the incident occurred and/or what vehicle was
involved.
As a result, we recommend that companies be required to hire drivers as employees of the
business and for the vehicles to be owned by the business. This would undoubtedly result in
investigating officers being able to access pertinent information with regards to vehicles and
drivers because owners would have an expressed interest beyond simply collecting fees from
drivers. Currently, numerous drivers operate as independent contractors and simply pay fees to
the business for the right to use the company name on privately owned vehicles. The exact
number of drivers and vehicles is unknown due to the lack of information on the owners' parts.
When asked in a recent informal poll, most owners were only able to give estimates or guesses
as to the number of drivers under their company name. Only two companies were able to
provide an accurate count by checking their records. It is also not uncommon for some owners
to contact the City Clerk to inquire about the number of vehicles they currently have operating.
As an indirect impact, employing drivers will also provide benefits to those drivers that they do
not currently have, such as workers' compensation, unemployment benefits, and minimum
July 18, 2014
Page 2
GOo p�
wage or greater earnings. Additionally, the business would contribute to Social Security and
Medicare.
Require companies to dispatch from an accessible office 24 hrs/day. This would provide for an
easier contact to the company and quicker access when trying to get in touch with a driver. All
information about trips could be kept by the dispatcher and would be easily retrievable upon
request. This would provide real-time manifest information by the companies in addition to the
current requirement of manifests being maintained by drivers, thus establishing a system of
checks and balances. This would be of great benefit when conducting criminal investigations to
corroborate information that is provided to investigators.
Again, in the recent sexual assault investigation, investigators spent several days and hundreds
of hours attempting to locate and contact possible drivers and vehicles for a particular company.
There was no oversight by the company and the owner had no information about who was
working on a particular night. An accessible business office with a dispatcher, who has
immediate contact with drivers, would eliminate this issue and allow officers to gather useful
information in a timely manner, thus reducing the time required to investigate an incident and
reducing the time that an offender would be able to remain free.
City issued IN for drivers that include photos. This would allow for the City to maintain a more
comprehensive database of driver information. In the example of the sexual assault
investigation, investigators could have quickly and easily had access to all drivers' information
rather than relying on the owner to provide it, and ultimately spending hundreds of hours
creating a list themselves.
This information would also be useful in other investigations that may involve taxis, such as
thefts, assaults, burglaries, welfare checks, etc. When combined with accurate lists of vehicles
and drivers from the company, a comprehensive database would greatly reduce the time to
identify individuals and bring an investigation to timely conclusion.
Standardized City issued IDs would also provide safety/security to customers of taxicabs. The
information could be in a standardized format across all companies, thus being more easily read
by customers, and including a photo would allow the customer to compare to the driver of the
taxi in which they are riding.
Require unique color schemes for each company. One of the most common problems that the
Police encounter when investigating taxicab related issues is that customers can not identify the
company of the taxi that they used. Often times they are only able to provide a color and type
of vehicle. This was the case during the recent sexual assault investigation. This contributed to
the length of time that it took to identify and make an arrest In the case as well as the time that
it took to clear a company that was initially identified by the victim. Unique color schemes
would allow for identification, even if a customer was not certain of the company name.
Require a signature receipt for an informational packet regarding Iowa City taxi ordinances
before drivers are able to be licensed by the City. One of the common responses that officers
hear when addressing violations with drivers is that they are not aware of the current
laws/requirements. Being educated on the laws could reduce the number of violations by
drivers.
July 18, 2014
Page 3
COPY
The ability to gather accurate information in an efficient manner is important in bringing criminal
investigations to a timely conclusion. In addition to identifying suspects and determining applicable
charges, suspects and companies can also be cleared of involvement much sooner when useful
information is available. This is not currently the case with regards to several of the taxicab companies
in Iowa City. The lack of information and accurate recordkeeping by some has hindered investigations
and monopolized investigators' time on tasks that should have been able to be completed in a matter of
minutes, certainly not days. The above recommendations would address these issues and enable
investigating officers to reach a quicker resolution to cases, thus providing greater safety to all who live
in, work in, or visit the Iowa City community, just as similar regulations have been used in many other
cities to protect their community members.
Realizing that these recommendations are significant changes to the current requirements of companies
and drivers, a phase -in period would be welcomed to assist in the transition. The intention is not to
create hardships for owners and drivers, but rather to provide the greatest level of safety that can be
offered to our community.
It CITY OF IOWA CITY
OF I�� MEMORANDUM
November 20, 2014
Attached is a draft ordinance to be presented to the City Council at their Work Session on
Tuesday, December 2. No action is planned for that meeting. Further action will not occur until
Council provides direction to staff.
Please contact Adm. Analyst Simon Andrew at 356-5010 with questions.
TAXI ORDINANCE
11/20/14 working draft
Goals:
1. PD Safety Issue #1. The PD needs timely and accurate information on vehicles and drivers.
2. PD Safety Issue #2. Consumers need to be able to identify vehicles and drivers.
3. The car needs to be safe.
4. The driver needs to be a "good driver."
5. "Fair pricing."
DEFINITIONS
AIRPORT SHUTTLE: A vehicle furnished with a driver that carries passengers for hire exclusively on
a route that either starts at or ends at a commercial airport, and operates without a taximeter.
APPLICANT: A person or entity wishing to operate as a taxicab business within the corporate city
limits or a person wishing to drive a taxicab.
CERTIFIED CALIBRATOR: Individual who possesses a certificate showing completion of a
taximeter calibration course. Said certificate must state the individual qualifications to program,
calibrate, repair and maintain a taximeter. Said certificate must also include the name of the meter
manufacturer(s), and models for which the individual is qualified to calibrate.
CHARTER TRANSPORTATION: A vehicle furnished with a driver that carries passengers for hire
either on a fixed route in the city or pursuant to a written contract with reservations at least twenty
four (24) hours in advance of the service. The vehicle shall operate without a meter installed and
charge for services on an hourly basis or longer periods of time.
CONNECT: The network communication process by which a driver accepts a requested ride via a
web -based application system.
DECAL: A sticker issued by the city clerk for each taxicab operated by a taxicab business.
DESTINATION RATE: A flat fee charged by a metered taxicab business to carry a passenger from
anywhere within the corporates limit of Iowa City to a specified geographic location outside the
corporate limits of Iowa City that is applicable at all times and on all days. A destination rate cannot
be charged for a ride that originates and terminates within the corporate limits of Iowa City.
Examples of a destination rate are: Iowa City to Riverside Casino $_ and Iowa City to Eastern
Iowa Airport $_.
DISPATCH: The communication process, such as by means of telephone, radio, or mobile device,
by which a metered taxicab business assigns a particular metered taxicab driver to a location to pick
up a passenger.
DRIVER: A person who is authorized by the city to drive a taxicab.
ENTRY FEE: The fee charged when the taximeter is turned on regardless of the distance traveled.
HORSEDRAWN VEHICLE: Any vehicle operated or pulled by a horse, furnished with a driver and
carrying passengers for hire within the city, and operates without a taximeter.
LICENSE: Written permission by the city to operate a taxicab business.
MANIFEST LOG: A daily record prepared by a taxicab driver of all trips made by said driver showing
time and place of origin, destination, number of passengers, and the amount of fare of each trip. A
manifest log may be stored electronically.
METERED TAXICAB. A taxicab in which the taxicab business dispatches a driver to a passenger
or the driver responds to a passenger via traditional street hail, including hand gestures and verbal
statements. A metered taxicab does not include a pedicab or horsedrawn vehicle.
METERED TAXICAB BUSINESS: A taxicab business that operates at least one taxi by means of
dispatching drivers and/or by means of traditional street hail, including hand gestures and verbal
statements. A metered taxicab business does not include taxicab services provided by pedicabs
and horse drawn vehicles.
NETWORK REPRESENTATIVE: The person that a network taxicab business has authorized to file
an application for a taxi cab business license and receive and accept all correspondence and notices
from the City pertaining to the network taxicab business and its affiliated drivers.
NETWORK TAXICAB. A taxicab in which the driver connects with passengers via a web -based
application. .
NETWORK TAXICAB BUSINESS: A taxicab business that operates its business entirely via a web -
based application system to connect drivers with passengers for taxicab services.
PASSENGER: An individual being transported by a taxi cab business.
PEDICAB: A vehicle propelled primarily by human power through a belt, chain or gears, having two
(2) or more wheels, furnished with a driver and carrying passengers for hire. A motor may assist or
supplement the human power, but the pedicab cannot be propelled exclusively by the motor. It shall
be equipped with properly functioning front and rear lights for nighttime operation, right and left
rearview mirrors and right and left turn signals, and operates without a taximeter.
PREARRANGED RIDE: A period of time that originates when a driver accepts a requested
ride through a web -based application, continues while the driver transports the passenger, and
terminates when the passenger departs from the network taxicab.
RATE CARD: A card containing the maximum fare rates and complaint procedure. A rate card must
include the information shown on the city clerk's rate card template, and it must be filed with the city
clerk.
STREET: Any street, alley, court, lane, bridge or public place within the city.
TAXICAB: All vehicles furnished with a driver that carry passengers for hire within the city, including,
but not limited to, metered taxicabs, network taxicabs, pedicabs, and horsedrawn vehicles_ "Charter
transportation" and "airport shuttle," as defined in this section, and a vehicle owned or operated by
any governmental entity that provides public transportation are not taxicabs.
TAXICAB BUSINESS: A person or entity that provides taxicab services originating within the
corporate limits of the city of Iowa City.
TAXICAB SERVICES: All activities conducted as part of or in furtherance of a taxicab business.
TAXIMETER: A device attached to a taxicab that automatically calculates at a predetermined rate or
rates and indicates the charge for hire of a metered taxicab.
WEB -BASED APPLICATION: A program that is accessed over a network or internet connection that
connects passengers and drivers and provides passengers with driver, vehicle, and rate information
prior to engaging in a prearranged ride.
BUSINESS LICENSES
A. Taxicab business licenses shall be valid for one year. All business licenses shall commence on
June 1 of each year, and shall expire on May 31. No business licenses will be issued unless an
application is filed by May 1, except for pedicabs and horsedrawn vehicles.
B. Each applicant for a taxicab business license shall file an application with the city clerk by May 1
on forms provided by the city.
C. If the city clerk finds that the applicant has fully complied with the requirements of this chapter,
the applicant has no outstanding judgments arising from municipal infraction citations, and the
police chief or chiefs designee has determined that there is no information which would indicate
that the issuance of the license would be detrimental to the safety, health or welfare of residents
of the city, the city clerk shall issue a license to conduct a taxicab business.
D. If the city clerk subsequently finds that the taxicab business is not in full compliance with the
requirements of this chapter or if the police chief or chiefs designee finds that continued
operation of the taxicab business would be detrimental to the safety, health or welfare of
residents of the city, the city clerk may revoke or suspend the license to conduct a taxicab
business as provided in section 5-1-5 of this title.
E. No taxicab business shall allow a person to drive a taxicab unless the driver has the
authorization of the city clerk.
F. The license cannot be sold, assigned, or transferred to another taxicab business-
G. Taxicab businesses shall maintain manifest logs, stored electronically or otherwise, must be
maintained and accessible to the city of Iowa City for a minimum of sixty (60) days.
H. Each taxicab business shall provide taxicab service to the public twenty-four (24) hours a day,
seven (7) days a week.
I. Notwithstanding the provisions herein, network taxicab business licenses may be issued for the
time period between February 1, 2015 and June 1, 2015.
ACCESSIBILITY OF RECORDS
A. Taxicab businesses shall maintain manifest logs, stored electronically or otherwise, must be
maintained and accessible to the city of Iowa City for a minimum of sixty (60) days.
B. Taxicab businesses shall provide the following vehicle information and driver information on
demand to the city of Iowa City and this information must be accessible to the City in at least one
of the following ways:
1. A taxicab business shall have an accessible business office located within Iowa City or
Coralville city limits. An accessible business office means that the office must be staffed
twenty-four (24) hours a day, seven (7) days a week and is subject to inspection by the
City without notice. Manifest logs must be maintained at the accessible business office.
The telephone number listed on the application must be answered twenty four (24) hours
a day, seven (7) days a week.
2. A web -based application used to connect passengers and drivers shall display for the
passenger prior to engaging in a pre -arranged ride, at a minimum:
a. the driver's first name and a photograph of the driver;
b. the license plate number of the vehicle; and
c. the vehicle's make and model.
DRIVER REQUIREMENTS
A. No person shall operate a taxicab without authorization of the city clerk.
B.
C.
1. Each person desiring to drive a taxicab shall file an application with the city clerk_
2. If the city clerk finds that the applicant has fully complied with the requirements of this
chapter and the police chief or chiefs designee has determined that there is no
information which would indicate that authorization to drive a taxicab would be
detrimental to the safety, health or welfare of residents of the city, the city clerk shall
authorize the individual to drive a taxicab. Names of authorized drivers will be made
available in the office of the city cleric during regular business hours and on the city
website.
3. Driver authorization shall be valid for a period of one year from date of issuance.
1. Beginning February 1, 2015, each driver while operating a taxicab, which includes a
prearranged ride, shall prominently display in locations in both the front and rear
compartments a picture identification card that is visible to all passengers. The City shall
provide the picture identification card and shall approve the locations where it is
displayed.
2. Prior to February 1, 2015, each driver while operating a taxicab in the City, shall
prominently display in locations in both the front and rear compartments an identification
card that is visible to all passengers which is issued by the taxicab business showing the
full name of the driver and the taxicab business. The card must be at least eight and one-
half inches (81/2") in width and five and one-half inches (5'/2") in height. The City -issued
identification card satisfies this provision.
4
D. No driver shall smoke while transporting a passenger. No driver shall allow a passenger to
smoke.
E. No driver shall take a circuitous route to a destination, or any route other than the most direct
route, without the express consent of the passenger.
No driver operating a network taxicab, unless it is also a metered taxicab, may solicit potential
passengers. Solicit means an appeal by words or gestures for immediate patronage of a taxi. A
network taxicab driver shall not direct people to a network taxicab that is parked, stopped,
standing or moving upon the street.
G. No driver operating a network taxicab, unless it also is a metered taxicab, may accept or respond
to passengers' or potential passengers' request for service via traditional street hail, including
hand gestures and verbal statements.
H. A network taxicab is not a "commercial vehicle" for purposes of the parking restrictions in Section
9-4 of the Code.
I. The following provision applies to motorized taxicabs:
1. No person shall operate a motorized taxicab, including a pedicab that is assisted or
supplemented with a motor, on the streets of the city, no person who owns or controls a
motorized taxicab shall permit it to be so driven, and no motorized taxicab licensed by the
city shall be so driven for hire unless the driver of such motorized vehicle shall have first
obtained and shall have then in force a chauffeur's license issued under the provisions of the
code of Iowa, as amended.
VEHICLE REQUIREMENTS
1. Each taxicab shall be subject to an annual inspection, and no taxicab shall pass inspection
unless it complies with this chapter, the vehicle equipment requirements of the code of Iowa, and
administrative rules.
2. The City may require reinspection of a taxicab on belief that it is not mechanically fit.
1. In the event any taxicab is determined by the city equipment superintendent or designee not
to be mechanically fit, the decal shall be confiscated and returned to the city clerk. After
reinspection and determination that the taxicab meets the standards of mechanical fitness, a
new decal will be issued and charged as established by council resolution.
2. The police chief or designee may require reinspection of a taxicab on belief that it is in such
unsafe condition as to endanger any person. In the event any taxicab is determined by the
police chief or designee to be in such unsafe condition as to endanger any person, the decal
shall be confiscated and returned to the city clerk. After reinspection and determination that
the taxicab meets the standards of mechanical fitness, a new decal will be issued and
charged as established by council resolution.
3. In the event any network taxicab is determined by the city equipment superintendent or
designee not to be mechanically fit, the City shall notify the network representative, and the
network representative must immediately deny the driver access to the network's system.
After reinspection and determination that the taxicab meets the standards of mechanical
fitness, the City shall notify the network representative and the driver may be allowed
access to the network's system
C. In order to solicit passengers, be hailed, or be dispatched to a passenger, a taxicab business and
driver must meet the following requirements:
1. Taximeter: All taxicabs must be equipped with a taximeter that is in good operating order,
and has been calibrated and sealed by a certified calibrator. Dated documentation must be
provided to the city equipment superintendent, on a form provided by the city, with each
inspection and filed with the city clerk when the inspection is completed. Calibration date must be
within thirty (30) days prior to the annual inspection. Signage must be conspicuously displayed
on the inside of a taxicab that states "If the meter is not working, this vehicle cannot operate as a
taxi. Receipt for fare available upon request." Verification Of Calibration For Taximeters: The city
may require verification of a certified calibration for taximeters without prior notice for the
purpose of ensuring compliance with this chapter.
2. Lettering Required: Each taxicab shall have the name of the taxicab business on each side
of the vehicle in letters at least six inches (6") in height. Pedicabs and horsedrawn vehicles may
use lettering smaller than four inches (4"). Removable signs and peel -off letters shall not be
allowed. If a phone number is provided the number shall be the same number that appears on
the taxicab business application and rate card. All letters and numbers, except for the name of
the taxicab business, shall not be greater than four inches (4"). Lettering may be allowed on a
window, if approved by the city equipment superintendent or designee.
3. Lighted Dome: Every motorized taxicab shall have a lighted dome attached permanently to
the exterior roof of the taxicab with lettering that identifies the vehicle as a taxicab visible from
the front and back of the taxicab. The lighted dome shall be a minimum size of twelve inches by
one inch by three inches (12" x 1" x 3"). In the event the city equipment superintendent or
designee determines that the permanent attachment of a dome to the exterior roof is not
possible, the city equipment superintendent or designee may approve an alternative placement.
If a phone number is provided the number shall be the same number that appears on the taxicab
business application and rate card.
4. Beginning _, 2015, all taxicabs must have a unique and distinctive color scheme and
design, which must be approved by the City.
5. Except for pedicabs and horsedrawn vehicles, each taxicab business shall provide a
minimum of four (4) taxicabs, and one taxicab shall be in operation at all times. At least four
(4) taxicabs shall be insured and shall have a decal at all times.
DECALS
A. Each taxicab business shall file an application for a decal for each taxicab with the city clerk on
forms provided by the city.
B. No person shall operate a taxicab on any street unless a decal has been issued by the city clerk,
and no taxicab business shall allow a taxicab to be operated on any street unless a decal has
been issued by the city clerk. The decal shall be attached to the lower corner of the front
windshield on the passenger side. Pedicabs or horsedrawn vehicles shall display the decal on
the left rear of the taxicab.
C. If the city clerk finds that the taxicab business has fully complied with the requirements of this
chapter and the city equipment superintendent or designee determines that there is no
information which would indicate that issuance of the decal would be detrimental to the safety,
health or welfare of residents of the city, the city clerk shall issue a decal for the taxicab.
D. The decal shall be nontransferable as between taxicabs and taxicab businesses.
E. Decals will be issued by the city clerk on the next business day at least twenty- four (24) hours
after the filing of a completed application for such decal with the city clerk.
F. The taxicab business shall return the decal within two (2) business days of when the vehicle is
no longer operating as a taxicab. Additionally, metered taxicab businesses shall remove the
bubble light and lettering within two (2) business days of when the vehicle is no longer operating
as a taxicab. Failure to comply with this provision is grounds to suspend and revoke the taxicab
business license.
G. If, after the issuance of a decal, the license plate for the taxicab is changed, the taxicab business
shall inform the city clerk in writing of the new license plate number and have the city equipment
supervisor or designee verify that the VIN, license plate number, and decal match. No driver
shall operate a taxicab until the city equipment supervisor or designee has verified that the VIN
and decal match the new license plate number. No taxicab business shall allow a taxicab to be
operated until the city equipment supervisor or designee has verified that the VIN and decal
match the new license plate number.
H. The taxicab business shall return the decal within two (2) business days of when the vehicle is
no longer operating as a taxicab.
I. No person shall operate a motorized vehicle, a horsedrawn vehicle, or a pedicab that has a
decal attached to it if the decal is not valid. A decal that is not valid includes, but is not limited to
the following situations: 1) the decal is outdated; 2) the insurance for the taxicab as required in
this chapter has been cancelled or otherwise terminated; or 3) the taxicab business has noted
the City Clerk that the vehicle is no longer part of its fleet.
LIABILITY INSURANCE REQUIREMENTS:
A. The taxicab business shall insure each driver consistent with the requirements of this
chapter-
B. The minimum limits of the insurance policy shall be determined by the City's Risk Manager.
C. The taxicab business shall file with the city clerk evidence of liability insurance coverage in
the form of one certificate of insurance that lists all taxicabs insured. The certificate of
insurance must be acceptable to the City.
D. The insurance company must be authorized to do insurance business in the state of Iowa
and be acceptable to the city.
E. Insurance coverage for the driver of a network taxicab shall, at a minimum, be for incidents
involving the driver during a prearranged ride and shall provide coverage at all times the
driver is engaged in a prearranged ride. Insurance coverage of a metered taxicab, which is
not titled in the name of the business, shall be for incidents involving the driver when the
vehicle is operated as a taxicab and shall provide coverage at all times a driver is operating
the taxicab. Insurance coverage of a metered taxicab, which is titled in the name of the
business, and pedicabs and horsedrawn vehicles, shall be For all incidents.
F. Notwithstanding Section 5-1-5, the cancellation or other termination of an insurance policy
required by this chapter shall automatically suspend the business license. The City Clerk
shall immediately issue written notification to the taxicab business of the suspension of the
license. The City Clerk will schedule a suspension hearing before the City Manager or
designee in the same manner as in Section 5-1-5. If the taxicab business obtains insurance
coverage that complies with this chapter prior to the hearing on the suspension, the City
Clerk may withdraw the suspension and cancel the hearing. Upon the City Clerk suspending
the license, the taxicab business shall return all decals to the city clerk. If the suspension of
the business license is subsequently withdrawn, the taxicab business must apply for new
decals in accordance with the terms of this chapter and at its expense.
RATES
A. Rates must be based on time, distance, or a combination thereof
B. Taxicab businesses and drivers shall provide rate information to all passengers in at least one of
the following ways:
1. A web -based application system that minimally provides:
a. The total fare or fare range is clearly displayed on the application and the
passenger positively acknowledges he or she agrees to the rate structure being
charged for the ride requested before the ride is confirmed. All other rates,
charges, or fees are prohibited.
b. Upon completion of the prearranged ride, the driver or taxicab business shall
transmit to the passenger an electronic receipt, either by electronic mail or text
message. The receipt shall document the point of origin and destination of the
ride, the total distance and duration of the ride, the total fare paid, and the
driver's first name.
c. No taxicab business or driver shall charge a fare that exceeds the amount
communicated through a web -based application.
A rate card that is prominently displayed to all passenger seats and each driver
shall provide a copy of said card to a passenger, when requested. A copy of the
rate card shall be filed with the city clerk.
a.A rate based on distance includes destination rates. Except for destination rates, all
rates based on time and/or distance must utilize a taximeter. All other rates,
charges, or fees, except for extra rider stipulations and cleanup rates, are
prohibited. Only one rate may be certified by the calibrator at one time, and said
rate must match the rate card filed in the city clerk's office and verified by the city
equipment superintendent or designee.
b.No driver of a metered taxicab shall operate a taxicab without utilizing a taximeter
that has been calibrated by a certified calibrator and inspected.
c. Whenever the taxicab business desires to change the rate charged, the taxicab
business shall file a rate card with the city clerk setting forth the new rates. The
business must have all taximeters recalibrated by a certified calibrator on a form
provided by the city and returned to the city clerk no later than ten (10) business
days after filing the new rates with the city clerk. The business must have the
taximeter recalibrated by a certified calibrator no sooner than the filing date of a
rate card change and no later than ten (10) business days after said filing date,
The business must have all taximeters recalibrated by a certified calibrator before
the business may again change the rate charged.
I No taxicab business or driver shall charge a fare exceeding the amount
communicated to passengers through a web -based application, rate card, or
taximeter.
REVOCATION/SUSPENSION OF LICENSES AND AUTHORIZATIONS:
Licenses and authorizations issued under this chapter may be revoked or suspended as provided in
section 5-1-5 of this title.
FEES
Fees for licenses, decals, inspections, and authorizations shall be set by Council resolution.
ADMINSTRATIVE RULES
The City Manager and City Clerk, and their designees, are authorized to establish administrative
rules not inconsistent with any ordinance adopted by the City Council. A copy of the rules shall
be on file with the City Clerk and available of the City website.
VIOLATIONS:
Any violation of this chapter shall be considered a simple misdemeanor or municipal infraction. The
fine for a simple misdemeanor shall be $_, and the civil penalty for a simple misdemeanor shall be
HORSEDRAWN VEHICLES:
Prepared by: Ashley Platz, Deputy City Clerk, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
Ordinance No. ?4-49,39
Ordinance amending Title 5, entitled "Business and License Regulations,"
Chapter 2, entitled "Taxicabs and Pedicabs," Section 2, entitled "Business
Licenses," to change the time period of the license term, Section 5, entitled
"Vehicle Requirements," to- remove the color scheme requirement for
vehicles, and Section 10, entitled "Pedicabs," to remove the color scheme
requirement for pedicabs.
Whereas, currently all metered taxicabs must have a unique and distinctive color scheme
and design, which must be approved by the City; and
Whereas, currently the City only has one active taxicab company; and
Whereas, the City of Iowa City does not see the need to require the one taxicab company to
have a uniform color scheme; and
Whereas, the City does not see the need to require pedicab business to have their pedicabs
be substantially similar in color; and
Whereas, the term of the business license should be changed to July 1 through June 30 to
correspond with the City's fiscal year; and
Whereas, it is in the public interest to adopt this amendment.
Now, therefore, be it ordained by the City Council of the City of Iowa City:
Section I. Amendments.
1. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs and
Pedicabs," Section 2, entitled "Business Licenses," Subsections A and B are amended by adding
the underscore text and deleting the strike through text as follows:
A. Taxicab business licenses shall be valid for one year. All business licenses shall
commence on june July 1 of each year, and shall expire on May-31 June 30. No business
licenses will be issued unless an application is filed by June 1, except for pedicabs and
horsedrawn vehicles.
B. Each applicant for a taxicab business license shall file an application with the City Clerk
by June 1 on forms provided by the City.
2. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs and
Pedicabs," Section 5, entitled "Vehicle Requirements," Subsection C4 is amended by deleting the
strike through text as follows:
Ordinance No. 24-4932
Page 2
3. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs and
Pedicabs," Section 10, entitled "Pedicabs," Subsection C3 is amended by deleting the strike
through text as follows:
3. The lettering requirements for pedicabs shall be set by administrative rule. The pedicabs
appmved by the Gity.
Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of
this Ordinance are hereby repealed.
Section Ill. 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 become effective upon its final passage,
approval, and publication as provided by law.
Pass d and approved this 20th day of August , 2024.
Mayor o Tem
Attest: { '
City Jerk
Approved by
City Attorn 's Office
(Sue Dulek — 07/30/2024)
Ordinance No. 24-4932
Page 3
Moved by Moe , seconded by Alter , that the
Ordinance as read be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
x
Alter
Bergus
X
Dunn
X
Harmsen
X
Moe
X
Salih
x
Teague
First Consideration: August 06, 2024
Vote for Passage: AYES: Alter, Bergus, Dunn, Harmsen, Moe, Salih, Teague
NAYS: None
ABSENT: None
Second Consideration: --
Date Published: August 29, 2024
Moved by Alter , seconded by Moe , that the rule requiring ordinances to be
considered and voted on for passage at two Council meetings prior to the meeting at which it is to be
finally passed be suspended, the second consideration and vote be waived, and the ordinance be voted
upon for final passage at this time.
AYES:Alter, Bergus, Dunn, Harmsen, Moe, Salih, Teague
NAYS: None
ABSENT: None
Item Number: 9.d.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
August 20, 2024
Ordinance amending Title 3, entitled "City Finances, Taxation and Fees," Chapter 4, entitled
"Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties" of the City Code to increase
or change charges and fees. (Pass & Adopt)
Prepared By: Nicole Davies, Finance Director
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: Adjustments to the low income discount will decrease
revenues annually by approximately $6,500 for both the
Water and Wastewater Funds and $4,100 for the
Stormwater Fund. The $17,100 in lost annual revenue will
be reimbursed by the General Fund. Based on historical
trends, this reimbursement number should be expected to
grow over time.
Staff Recommendation: Approval
Commission Recommendations: N/A
Attachments: Notice of Public Hearing
Ordinance
Executive Summary:
Following a public hearing, staff asks that Council consider amending Title 3, Chapter 4 of the
City Code. Title 3, Chapter 4 amendments includes changing the low income discount for
water and wastewater user charges from 60 percent to 75 percent of the minimum monthly
charge and for stormwater utility fee from 60 percent to 75 percent of the monthly charge and
updating Section 5 "Solid Waste Disposal" to match the language in Section 3 "Potable Water
Use and Service" on the 10 percent delinquency charge that was approved in October 2020.
It was inadvertently changed back to 5 percent with the utility rate changes approved May 21,
2024.
Background / Analysis:
Title 3, Chapter 4 of the City Code is the Schedule of Fees, Rates, Charges, Bonds, Fines
and Penalties"
Low Income Discount
On May 7, 2024 during the City Council Work Session, the City Council directed staff to
increase the low income discount for water and wastewater user charges from 60 percent to
75 percent of the minimum monthly charge and the stormwater utility fee from 60 percent to
75 percent of the monthly charge. This will be a decrease in annual revenue for the Water
and Wastewater Funds of approximately $6,500 and approximately $4,100 for the
Stormwater Fund. This annual decrease will be reimbursed by the General Fund for a total
amount of $17,100.
Delinquency Charge on Past Due Bills
In October 2020, the Iowa City City Council approved increasing the delinquency charge on
past due bills from 5% to 10%. Identical language for this charge is located in Sections 3, 4
& 5. In October of 2020, it was only updated in Section 3. In October of 2023, Sections 4 & 5
were updated. Approved on May 21, 2024, it was inadvertently changed back to 5% in
Section 5. This will update Section 5 back to 10%.
Notice of Public Hearing
Notice is hereby given that a public hearing will
be held at which the Council will consider:
Ordinance amending Title 3, Entitled
"Finances, Taxation and Fees," Chapter 4,
entitled "Schedule of Fees, Rates, Charges,
Bonds, Fines and Penalties," of the City Code
to increase water system, wastewater system
and stormwater low income discount and
increase solid waste disposal charges and
fees.
Copies of the proposed ordinance are on file
for public examination in the office of the City
Clerk, City Hall, 410 E. Washington St., Iowa
City, Iowa. Copies are available by telephoning
the City Clerk at 319/356-5043 or emailing
kq race (a) i owa-ci tV . o rq .
The public hearing will be held at 6:00 p.m. on
July 16, 2024, in the Emma J. Harvat Hall, City
Hall, Iowa City. Persons wishing to make their
views known for Council consideration are
encouraged to participate.
Kellie K. Grace, City Clerk
Prepared by: Nicole Davies, Finance Director, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5085
Ordinance No. 24-4933
Ordinance Amending Title 3, Entitled "City Finances, Taxation And Fees,"
Chapter 4, Entitled "Schedule Of Fees, Rates, Charges, Bonds, Fines, And
Penalties"
Whereas, pursuant to Chapter 384, Code of Iowa (2023), the City of Iowa City is authorized to
establish and provide for the collection of rates to pay for the City's utility systems, including the
City's water supply and treatment system, wastewater treatment system, solid waste disposal
services at the municipal landfill, and stormwater system; and
Whereas, the Iowa City City Council proposes to increase the low income discount for water user
charges from 60% to 75% of the minimum monthly charge; and
Whereas, the Iowa City City Council proposes to increase the low income discount for wastewater
.user charges from 60% to 75% of the minimum monthly charge; and
Whereas, the Iowa City City Council proposes to increase the low income discount for stormwater
user charges from 60% to 75% of the monthly charge; and
Whereas, the City increased the delinquency charge on current billed portion of the outstanding
amount on combined water and/or sanitary sewer and/or solid waste account that is not paid
within 22 days of billing date from 5% to 10% on October 20, 2020; and
Whereas, the City's City Code was updated for this increase in Title 3, Chapter 4, Section 5,
entitled "Solid Waste Disposal" on October 3, 2023; and
Whereas, the City's City Code was inadvertently updated back to 5% in Title 3, Chapter 4, Section
5, entitled "Solid Waste Disposal" as set to be approved May 21, 2024; and
Whereas, the Iowa City City Council proposes to update City Code for this increase in Title 3,
Chapter 4, Section 5, entitled "Solid Waste Disposal".
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Amendment.
1. Title 3, entitled "City Finances, Taxation, and Fees," Chapter 4, entitled "Schedule of Fees,
Rates, Charges, Bonds, Fines, and Penalties," Section 3, entitled "Potable Water Use and
Service," of the Iowa City Code is hereby amended by deleting it in its entirety and
replacing it as follows:
3-4-3: Potable Water Use and Service:
Description Of Fee, Charge, Bond, Fine Or Penalty
Amount Of Fee, Charge, Bond, Fine Or Penalty
Water service charges (see section 16-3A-4 of this Code):
Meter Size
Charge
(Inches)
For first 100 cubic feet or less of water used, based on
5/8, 5/8 X 3/4
$ 8 78
meter size
3/4
9.59
1
11.29
11/2
22.51
Ordinance No. 24-4933
Page 2
2
30.27
3
55.95
4
97.57
6
196.34
There will be no minimum monthly charge for a single purpose water meter for the months of November to March if
no water is used.
User charges for water in excess of 100 cubic feet per
Monthly
Charge Per 100 Cubic Feet
month:
Usage
(Cubic Feet)
Dual purpose meters
101 - 3,000
$4.09
Over 3,000
2.94
Single purpose meters
Over 100
4.09
Other charges and discounts:
Charge
Low income discount
75 percent of minimum monthly water charge
Temporary water use (see subsection 16-3A-4 B of this
Code):
During construction for the first 90 days from the date
Charge Per Month
of the connection to the water main for a new water
service or a maximum of 90 days for reconstruction:
Single- and two-family residences
$ 20.52
Multi -family residences
20.52
Commercial structures
34.19
After 90 days for any structure, until the water meter is
136.72
installed
Charge
Direct purchase of water fee, per 100 gallons or fraction
$ 0.50
thereof (see subsection 16-3A-4 C of this Code)
Deposit and delinquency fee for combined City water
and/or sanitary sewer and/or solid waste collection
accounts (see section 16-3A-5 of this Code):
Residential owner account
0.00
Residential tenant account
120.00
Commercial account
An amount equal to an average 2 month billing for
commercial service for City water and/or sanitary sewer
service, or $120.00, whichever is greater
10 percent delinquency charge on current billed portion of the outstanding amount on combined water and/or
sanitary sewer and/or solid waste account that is not paid within 22 days of billing date. Can be waived once every
12 months
Delinquency deposit fee for combined water and/or
An amount equal to an average 2 month billing for the
sanitary sewer and/or solid waste collection accounts (see
delinquent account. Can be waived if the account holder
section 16-3A-5 of this Code)
enrolls in SurePay
To connect water main extensions, per acre
Charge
$539.42
Service Fees
During Normal
After Normal
Working Hours
Working Hours'
Reconnection of discontinued service
$45
$94.48
Ordinance No. 24-4933
Page 3
Posting fee for shutting off water in collection procedure
$0
Not done after normal
working hours
Frozen water meters
$40.13, plus cost of meter
$94.48, plus cost of
meter
Shut off water service at curb and check for exterior leaks
No charge
$94.48, plus hourly
overtime rate beyond 2
hours
Broken or damaged hydrant
Repair cost
$94.48, plus repair cost
Location of City owned water main for other utilities
No charge
No charge
Location of City owned water main for private enterprise
No charge
$94.48, plus hourly
overtime rate beyond 2
hours
Check water meter for accuracy at consumer's request
$90.94
Not done after normal
working hours
Annual fire hydrant fee for inspection and operation of fire
107.47
Not done after normal
hydrants which are privately owned or owned by other
working hours
government agencies
After hours callout fee for any water work done outside of
Not applicable
$94.48, plus hourly
normal working hours
overtime rate beyond 2
hours
2. Title 3, entitled "City Finances, Taxation, and Fees," Chapter 4, entitled "Schedule of Fees, Rates,
Charges, Bonds, Fines, and Penalties," Section 4, entitled "Wastewater Treatment Works User
Charges," of the Iowa City Code is hereby amended by deleting it in its entirety and replacing it as
follows:
3-4-4: Wastewater Treatment Works User Charges:
Sanitary Sewer Service Charges; Description Of
Fee, Charge, Bond, Fine Or Penalty
Amount Of Fee, Charge, Bond,
Fine Or Penalty
City Code
Chapter, Article Or
Section Reference
Minimum monthly charge (includes the first 100 cubic
feet of water used)
$8.73
16-3A-4
Monthly charge for each additional 100 cubic feet of
water used
4.27
16-3A-4
Low income discount
75 percent of monthly minimum
charge
16-3A-4
Monthly surcharge:
BOD (per pound) 300 or less MPL'
Included in charge for 100 cubic feet
of water used
16-3A-4
BOD (per pound) from 301 MPL to 2,000 MPL'
$ 0.305
16-3A-4
BOD (per pound) greater than 2,000 MPL'
0.456
16-3A-4
Suspended solids (SS) (per pound)
0.244
16-3A-4
Monthly minimum, unmetered user
35.73
16-3A-4
Manufactured housing park, monthly minimum per lot
35.73
16-3A-4
Holding tank waste - plus landfill fees
0.035 per gallon
16-3A-4
Holding tank waste hauler - annual permit
971.40 per year
16-3A-4
Deposit and delinquency fee for combined City water
and/or sanitary sewer and/or solid waste collection
16-3A-5, 16-3A-7
Ordinance No. 24-4933
Page 4
accounts:
Residential owner account, per combined residential
0.00
service for City water and/or sanitary sewer and/or
solid waste collection service
Residential tenant account, per combined residential
120.00
service for City water and/or sanitary sewer and/or
solid waste collection service
10 percent delinquency charge on current billed
10.0 percent current billed portion.
portion of the outstanding amount on combined
Can be waived once every 12
water and/or sanitary sewer and/or solid waste
months
account that is not paid within 22 days of billing date
Delinquency deposit fee for combined City water and/or
An amount equal to an average 2-
16-3A-5
sanitary sewer and/or solid waste collection accounts
month billing for the delinquent
account. Can be waived if the
account holder enrolls in SurePay
3. Title 3, entitled "City Finances, Taxation, and Fees," Chapter 4, entitled "Schedule of Fees, Rates,
Charges, Bonds, Fines, and Penalties," Section 5, entitled "Solid Waste Disposal," of the Iowa City
Code is hereby amended by deleting it in its entirety and replacing it as follows:
3-4-5: Solid Waste Disposal:
Description Of Fee, Charge, Bond, Fine Or Penalty
Charge
Yard waste collection fees:
Per dwelling unit, per month
$3.50
Low income discount
75 percent of monthly charge
Untreated wood waste
Free
Additional yard waste carts over 1, per month
$3.50
Collection of large items fees:
Appliance collection, per item collected
$20.00
Bulky solid waste
$20.00 per stop and 1 item; $10.00 per
additional items
Tire collection
$3.75 per tire; $7.50 tire and rim
Residential solid waste collection fees:
Curbside household refuse:
Per dwelling unit, per month
$14.00
Low income discount
75 percent of monthly charge
Per sticker for each additional bag beyond each unit's monthly
allotment
$ 2.50 each
Additional refuse carts over 1, per month
$14.00 each
Per 2 rooming units, per month (in addition to the dwelling unit
fees)
15.90
Electronic waste
TVs or monitors $21.50 per item
Curbside recycling:
Per dwelling unit, per month
$8.50
Low income discount
75 percent of monthly charge
Iowa City community compost
$20.00 per ton, $2.00 minimum
Wood chip mulch )
No charge
Ordinance No. 24-4933
Page 5
Deposit and delinquency fee combined for City water and/or sanitary
sewer and/or solid waste collection accounts:
Residential owner account, per combined residential service for
City water and/or sanitary sewer and/or solid waste collection
service
$ 0.00
Residential tenant account, per combined residential service for
City water and/or sanitary sewer and/or solid waste collection
service
120.00
10 percent delinquency charge on current billed portion of the
outstanding amount on combined water and/or sanitary sewer
and/or solid waste account that is not paid within 22 days of billing
date
10 percent current billed portion. Can be
waived once every 12 months
Delinquency deposit for combined water and/or sanitary sewer and/or
solid waste collection service
An amount equal to an average 2-month
billing for the delinquent account. Can be
waived if the account holder enrolls in
SurePay
Special wastes disposal fees:
Disposal of special wastes (except for asbestos containing material
and contaminated soils)
2 times the landfill use fees in this section
Minimum fee
2 times the landfill use fee for 1 ton
Asbestos containing material (ACM):
Nonfriable ACM, from Iowa City premises subject to a
Property Tax and City owned property
$100.00/ton
Nonfriable ACM, from other locations
105.00/ton
Friable ACM, from Iowa City premises subject to a Property
Tax and City owned property
100.00/cubic yard
Friable ACM, from other locations
105.00/cubic yard
Minimum fee for any regulated ACM
100.00
Contaminated soil:
50.00/ton
Minimum fee for contaminated soil
150.00
Disposal of large items fees (see also Collection of large items fees
above):
Appliance disposal fees:
Commercial per item disposed
1.00/cubic foot
Residential per item disposed
$12.50 (at landfill scale house)
Tire disposal fee:
Per pound
$ 0.15
Subject to minimum fee
3.00
Untreated wood waste and yard waste:
24.00/ton
Minimum
2.00
Landfill use fees:
Arriving at the landfill with an unsecured or uncovered load:
First instance in trailing 12 months
Warning
Second or subsequent instances in trailing 12 months
$50.00
Electronic waste
$3.00 per item; TVs or monitors $15.00 per
item
Solid waste from Iowa City premises subject to a Property Tax and
Ordinance No. 24-4933
Page 6
City owned property:
Total landfill fee per ton (includes State fee per ton)
$47.50
All other solid waste:
Total landfill fee per ton (includes State fee per ton)
$52.50
Minimum fee in lieu of tonnage fees (600 pounds or less):
Solid waste from Iowa City premises subject to a Property Tax
and City owned property
$14.00
All other solid waste
$15.00
Title 3, entitled "City Finances, Taxation, and Fees," Chapter 4, entitled "Schedule of Fees, Rates,
Charges, Bonds, Fines, and Penalties," Section 6, entitled "Stormwater Utility Fee," of the Iowa
City Code is hereby amended by deleting it in its entirety and replacing it as follows:
3-4-6: Stormwater Utility Fee:
Description Of Fee, Bond, Charge, Fine Or Penalty
Amount Of Fee, Charge, Bond,
Fine Or Penalty
Stormwater utility fee. Users include all users owning or occupying
1 equivalent residential unit (ERU) _
developed property in the City of Iowa City
$5.50
Low income discount
75 percent of the monthly charge
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 on October 1, 2024.
and approved this loth day of August , 2024
Mayor Pro Tem
Attest:_
City Clerk
Approved by
— �W_- . A
City Attor ey's Office - 05/28/2024
Ordinance No. 24-4933
Page 7
It was moved by Moe and seconded by Alter
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS:
ABSENT: ABSTAIN:
Alter
Bergus
Dunn
Harmsen
Moe
Salih
Teague
First Consideration 07/16/2024
that
Vote for passage: AYES: Alter, Bergus, Dunn, Harmsen, Moe, Salih, Teague
NAYS: None
ABSENT: None
Second Consideration 08/06/2024
Vote for passage: AYES: Alter, Bergus, Dunn, Harmsen, Moe, Salih, Teague
NAYS: None
ABSENT: None
Date published August 29, 2024
Item Number: 9.e.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
August 20, 2024
Ordinance amending Title 9, entitled "Motor Vehicles and Traffic," Chapter 11, entitled "Traffic
Cameras, Drones, and License Plate Recognition Systems," Section 2, entitled "Definitions,"
to allow Transportation Services to use automatic license plate recognition systems or devices
for parking purposes, and to clarify the definition of "Automatic Traffic Surveillance System or
Device." (Pass & Adopt)
Prepared By:
Eric R. Goers, City Attorney
Reviewed By:
Geoff Fruin, City Manager
Fiscal Impact:
None
Staff Recommendation:
Approval
Commission Recommendations: N/A
Attachments:
Memo from City Attorney
Ordinance
Council correspondence - Elizabeth Oxler
Executive Summary:
Under the City's present ordinance, passed in 2013 during a time the City was considering
deploying red light and speed cameras, the City is limited in utilizing license plate reader
systems. As technology has advanced, and parking apps have grown in popularity with the
public, the City has migrated to a system that utilizes license plate readers for the parking
ramps and other parking purposes, greatly aiding efficiency. The amendment also clarifies
that cameras installed and maintained by the Streets and Traffic Engineering Division of the
Public Works Department are excluded from the definitions of "Automatic License Plate
Recognition System" and "Automatic traffic surveillance system of device."
Background / Analysis:
The ordinance at issue was passed following a petition initiative which, under the City
Charter, cannot be repealed for two years. Eleven years have passed since adoption of the
ordinance, so amendments are permissible. The prohibition on red light and speed cameras
would remain in effect following passage of this amendment. The amendment also clarifies
the acceptable use of footage from traffic engineering cameras to aid in law enforcement
investigations. Traffic engineering cameras are located at signalized intersections throughout
the community and serve the primary purpose of enduring orderly operation of the roadway
network (e,g, remote troubleshooting of signals, observation of snow and flash flood
conditions, etc.). Periodically, footage from traffic engineering cameras is utilized to assist in
law enforcement investigations and have been critical in solving a variety of serious cases
including assaults and homicides.
� 3
hoot
AWYI
CITY OF IOWA CITY
MEMORANDUM
Date: August 15, 2024
To: City Council
From: Eric R. Goers, City Attorney
Re: Traffic cameras and license p ate readers
At your August 6th meeting there was a request that I draft an amendment to the ordinance amendment
on this topic that has passed the first two readings. The intent, as I understood it, was to narrow the
exceptions being put forth. I have drafted the attached revised version which I hope reflects the
proffered intent. In order for it to be adopted, a motion to amend would be required with a 2"d and a
majority vote of Council. Following that, the underlying ordinance amendment which passed the first
two readings would need to be passed the final time, as amended, via a roll call vote. For clarity's
sake, I have included a new, clean copy of the ordinance amendment, as amended, in the event it is
adopted. I believe the language I'm attaching does not constitute a substantive change in the
ordinance amendment, so we need not begin again at the first reading.
As always, if you have questions or concerns, please do not hesitate to contact me.
Copy to:
Geoff Fruin, City Manager
Kellie Grace, City Clerk
Kirk Lehman, Assistant City Manager
Sue Dulek, First Assistant City Attorney
Tracy Hightshoe, NDS Director
Danielle Sitzman, Development Services Coordinator
Anne Russett, Senior Planner
Dustin Liston, Police Chief
Prepared by: J. Schwickerath, Asst. City Attorney, 410 E. Washington St, Iowa City, IA 52240; 319-356-5030
Ordinance No.
Ordinance amending Title 9, entitled "Motor Vehicles and Traffic,"
Chapter 11, entitled "Traffic Cameras, Drones, and License Plate
Recognition Systems," Section 2, entitled "Definitions," to allow
Transportation Services to use automatic license plate recognition
systems or devices for parking purposes, and to clarify the definition of
"Automatic Traffic Surveillance System or Device."
Whereas, Iowa City Code 9-11-1 limits the City's use of data obtained through an
automatic license plate recognition system or device to data that pertains to a qualified
law violation or other criminal violation for which a ticket, citation, or arrest is issued by a
peace officer or parking enforcement attendant who was present at the scene; and
Whereas, the City's Transportation Services Department has installed a new parking
system that uses automatic license plate recognition systems or devices to function; and
Whereas, City traffic engineers operate cameras at certain intersections to investigate
reports of traffic signal infrastructure damage or malfunction; and
Whereas, Iowa City Code 9-11-2 should be amended to allow Transportation Services
to use automatic license plate recognition systems or devices for parking purposes; and
Whereas, Iowa City Code 9-11-2 should be amended to clarify the definition of
Automatic Traffic Surveillance System or Device to be consistent with parking and traffic
engineering practices; and
Whereas, it is in the best interest of the City to adopt this ordinance.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa:
Section I. Amendment.
1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 11, entitled "Traffic
Cameras, Drones, and License Plate Recognition Systems," Section 2, entitled
"Definitions," is amended by adding the underlined text as follows:
AUTOMATIC LICENSE PLATE RECOGNITION SYSTEM: A computer based
system(s) that captures an image of a license plate(s) and converts it to a data file
to be compared with databases or hot lists generated by various law enforcement
agencies, and which produces an alert when there is a match between the
collected license plate data and those databases. Automatic Neither
TFanevi R-Ikicense plate recognition systems or devices
installed in City parking ramps or on City Parking Division vehicles Per StFeetRd
are not included in this definition.
AUTOMATIC TRAFFIC SURVEILLANCE SYSTEM OR DEVICE: A device or
devices including, but not limited to, a camera system(s) that uses any electronic,
photographic, video, digital, or computer system designed for the purpose of
producing a photograph, microphotograph, videotape, digital video, or other
recorded image or digital record of a vehicle and/or its operator and/or its
occupants that is used to establish identity or ownership of a vehicle and/or identify
its operator, owner, or occupants.
�S�-moo s Streets and Traffic Engineering
Division camera systems installed at intersections with traffic signals or
roundabouts are not included in this definition.
Section It. Repealer. All ordinances and parts of ordinances in conflict with the
provision of this Ordinance are hereby repealed.
Section Ill. 5everability. 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
Mayor
Attest:
City Clerk
It was moved by
Approved by
City Attorney's Office
and seconded by
2024.
That the Ordinance as read be adopted, and upon roll call there were:
Ayes: Nays: Absent:
Alter
Bergus
Dunn
Harmsen
Moe
Salih
Teague
4
City Council Supplemental Meeting Packet
CITY OF IOWA CITY August 20, 2024
Information submitted between distribution of the Supplemental Meeting Packet 1 on Monday
and 3:00 pm on Tuesday.
Late Handout(s)
9.e. Parking and Enforcement cameras - See email correspondence from Councilor
Dunn.
August 20, 2024 City of Iowa City
Ashley Platz
From:
Andrew Dunn
Sent:
Tuesday, August 20, 2024 3:33 PM
To:
*City Council
Cc:
Kellie Grace; Eric Goers; Geoff Fruin
Subject:
Re: LPR and Traffic Camera Amendments
Late Handouts Distributed
8-2o,?-)q
(Date)
One correction, the word "systems" should be struck from the traffic camera section. It should read:
"Specific Streets and Traffic Engineering Division cameras systems installed at intersections with traffic
signals or roundabouts, used primarily though not exclusively for traffic engineering and study,
shall not be included in this definition only by authorization by a resolution passed by the Iowa City
City Council."
Andrew Dunn
Iowa City Councilor District C
P: (319)36o-7682
410 E Washington St
Iowa City, IA 52240
CITY OF IOWA CITY
UNESCO CITY OF LITERATURE
icgov.org
Disclaimer
No correspondence (including emails) to City Council is confidential. All correspondence (including emails) to me as a City Council member or about
City issues are public records.
From: Andrew Dunn
Sent: Tuesday, August 20, 2024 3:28 PM
To: *City Council <CityCouncil@iowa-city.org>
Cc: Kellie Grace <KGrace@iowa-city.org>; Eric Goers <egoers@iowa-city.org>; Geoff Fruin <GFruin@iowa-city.org>
Subject: LPR and Traffic Camera Amendments
Sending at the direction of the City Attorney the proposed amendment is as follows:
"Automatic license plate recognition systems or devices installed in City parking ramps or on City
Parking Department vehicles, primarily used for parking enforcement, are not included in this
definition."
If you needed to add something like, "primarily though not necessarily exclusively..." that would satisfy
the intent of my amendment.
On the Automatic Traffic Surveillance System or Device. The proposed amendment language does not
satisfythe intent of my amendment. When we had our discussion we specifically talked about allowing
specific intersections by ordinance. That was what was approved. I want to avoid allowing a
department's entire camera system being excluded and this language does not achieve that. A version of
acceptable language would be the following:
"Specific Streets and Traffic Engineering Division cameras systems installed at intersections with traffic
signals or roundabouts, used primarily though not exclusively for traffic engineering and study,
shall not be included in this definition only by authorization by a resolution passed by the Iowa City
City Council."
Andrew Dunn
Iowa City Councilor District C
P: (319)36o-7682
410 E Washington St
Iowa City, IA 52240
CITY OF IOWA CITY
UNESCO CITY OF LITERATURE
is ov.org
Disclaimer
No correspondence (including emails) to City Council is confidential. All correspondence (including emails) to me as a City Council member or about
City issues are public records.
Prepared by: J. Schwickerath, Asst. City Attorney, 410 E. Washington St, Iowa City, IA 52240; 319-356-5030
Ordinance No.
Ordinance amending Title 9, entitled "Motor Vehicles and Traffic,"
Chapter 11, entitled "Traffic Cameras, Drones, and License Plate
Recognition Systems," Section 2, entitled "Definitions," to allow
Transportation Services to use automatic license plate recognition
systems or devices for parking purposes, and to clarify the definition of
"Automatic Traffic Surveillance System or Device."
Whereas, Iowa City Code 9-11-1 limits the City's use of data obtained through an
automatic license plate recognition system or device to data that pertains to a qualified
law violation or other criminal violation for which a ticket, citation, or arrest is issued by a
peace officer or parking enforcement attendant who was present at the scene; and
Whereas, the City's Transportation Services Department has installed a new parking
system that uses automatic license plate recognition systems or devices to function; and
Whereas, City traffic engineers operate cameras at certain intersections to investigate
reports of traffic signal infrastructure damage or malfunction; and
Whereas, Iowa City Code 9-11-2 should be amended to allow Transportation Services
to use automatic license plate recognition systems or devices for parking purposes; and
Whereas, Iowa City Code 9-11-2 should be amended to clarify the definition of
Automatic Traffic Surveillance System or Device to be consistent with parking and traffic
engineering practices; and
Whereas, it is in the best interest of the City to adopt this ordinance.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa:
Section I. Amendment.
1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 11, entitled "Traffic
Cameras, Drones, and License Plate Recognition Systems," Section 2, entitled
"Definitions," is amended by adding the underlined text as follows:
AUTOMATIC LICENSE PLATE RECOGNITION SYSTEM: A computer based
system(s) that captures an image of a license plate(s) and converts it to a data file
to be compared with databases or hot lists generated by various law enforcement
agencies, and which produces an alert when there is a match between the
collected license plate data and those databases. Neither Transportation Services
Department license plate recognition systems or devices nor Streets and Traffic
Engineering Division cameras stems are included in this definition.
Ordinance No.
Page 2
AUTOMATIC TRAFFIC SURVEILLANCE SYSTEM OR DEVICE: A device or
devices including, but not limited to, a camera system(s) that uses any electronic,
photographic, video, digital, or computer system designed for the purpose of
producing a photograph, microphotograph, videotape, digital video, or other
recorded image or digital record of a vehicle and/or its operator and/or its
occupants that is used to establish identity or ownership of a vehicle and/or identify
its operator, owner, or occupants. Neither Transportation Services Department
license plate recognition systems or devices nor Streets and Traffic Engineering
Division camera systems are included in this definition.
Section 11. Repealer. All ordinances and parts of ordinances in conflict with the
provision of this Ordinance are hereby repealed.
Section lil. Severabilit . 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 2024.
Mayor
Attest:
City Clerk
Approved by
City Attorney' ffice — 07/11 /2024
Ordinance No.
Page 3
It was moved by
and seconded by
That the Ordinance as read be adopted, and upon roll call there were:
Ayes: Nays: Absent:
Alter
Bergus
Dunn
Harmsen
Moe
Salih
Teague
First Consideration 07/16/2024
Vote forpassage:AYES: Alter, Harmsen, Moe, Teague
NAYS: Dunn, Bergus, Salih
ABSENT: None
Second Consideration os/Q/2024
Vote for passage: AYES: Alter, Harmsen, Moe, Teague
NAYS: Dunn, Salih, Bergus
ABSENT: None
Date published
Kellie Grace
From: beth oxler <oxler90@gmail.com>
Sent: Friday, August 9, 2024 9:04 AM
To: *City Council
Subject: automatic license plate recognition systems
R151{
** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or
attachments. **
Dear City Council,
I'm writing to express my opposition to the use of license plate readers in the parking garages. City
ordinance title 9 chapter 11 clearly states that the city shall not use any automatic license plate
recognition system or device to store, archive, transmit, share, publish, grant access to, sell, index,
cross reference, or otherwise aggregate, distribute, analyze, or process any data obtained by the
system and that's exactly what the city attorney, city manager, and transportation manager are
arguing for. The city knew about the ordinance before migrating to the new parking system and they
should've known that there are limits to the data the city can collect and use. It's shameful that the
city attorney and manager are using that as an argument to try to nullify an ordinance.
The transportation manager's argument that it will make his job easier and the work more efficient is
not the point. The people of the city and our data do not exist to make his job easier. He's paid to
serve the community and abide by the laws that were obviously enacted to keep government
overreach and surveillance in check.
Kudos to the council members who are standing up for the people's right to privacy and the law as
written and not being bullied by the city attorney and manager.
Elizabeth Oxler
Iowa City 52240
d�p--
Prepared by: J. Schwickerath, Asst. City Attorney, 410 E. Washington St, Iowa City, IA 52240; 319-356-5030
Ordinance No. ?t,_jg-jt,
Ordinance amending Title 9, entitled "Motor Vehicles and Traffic," Chapter
11, entitled "Traffic Cameras, Drones, and License Plate Recognition
Systems," Section 2, entitled "Definitions," to allow Transportation Services
to use automatic license plate recognition systems or devices for parking
purposes, and to clarify the definition of "Automatic Traffic Surveillance
System or Device."
Whereas, Iowa City Code 9-11-1 limits the City's use of data obtained through an automatic
license plate recognition system or device to data that pertains to a qualified law violation or other
criminal violation for which a ticket, citation, or arrest is issued by a peace officer or parking
enforcement attendant who was present at the scene; and
Whereas, the City's Transportation Services Department has installed a new parking system
that uses automatic license plate recognition systems or devices to function; and
Whereas, City traffic engineers operate cameras at certain intersections to investigate reports
of traffic signal infrastructure damage or malfunction; and
Whereas, Iowa City Code 9-11-2 should be amended to allow Transportation Services to use
automatic license plate recognition systems or devices for parking purposes; and
Whereas, Iowa City Code 9-11-2 should be amended to clarify the definition of Automatic
Traffic Surveillance System or Device to be consistent with parking and traffic engineering
practices; and
Whereas, it is in the best interest of the City to adopt this ordinance.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa:
Section I. Amendment.
1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 11, entitled "Traffic Cameras,
Drones, and License Plate Recognition Systems," Section 2, entitled "Definitions," is
amended by adding the underlined text as follows:
AUTOMATIC LICENSE PLATE RECOGNITION SYSTEM: A computer based system(s) that
captures an image of a license plate(s) and converts it to a data file to be compared with
databases or hot lists generated by various law enforcement agencies, and which produces an
alert when there is a match between the collected license plate data and those databases.
Automatic license plate recognition systems or devices installed in City parking ramps or on City
Parking Department vehicles, primarily used for parking enforcement, are not included in this
definition.
AUTOMATIC TRAFFIC SURVEILLANCE SYSTEM OR DEVICE: A device or devices including,
but not limited to, a camera system(s) that uses any electronic, photographic, video, digital, or
computer system designed for the purpose of producing a photograph, microphotograph,
Ordinance No. 24-4934
Page 2
videotape, digital video, or other recorded image or digital record of a vehicle and/or its operator
and/or its occupants that is used to establish identity or ownership of a vehicle and/or identify its
operator, owner, or occupants. Specific Streets and Traffic Engineering Division cameras
installed at intersections with traffic signals or roundabouts, used primarily for traffic engineering
and study, shall not be included in this definition.
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.
Passe and approved this loth day of August 2024.
Mayor Pr Ten
Attest:
City Clty Cl rk
Approved by .
City Attorne'g &fice-08120/2024
Ordinance No. 24-4934
Page 3
It was moved by M a and seconded by AI ter
That the Ordinance as read be adopted, and upon roll call there were:
Ayes: Nays: Absent:
x Alter
x Bergus
x Dunn
x Harmsen
x Moe
x Salih
x Teague
First Consideration 07/16/2024
Vote forpassage:AYES: Alter, Harmsen, Moe, Teague
NAYS: Dunn, Bergus, Salih
ABSENT: None
Second Consideration os4064gog4
Voteforpassage: AYES: Alter, Harmsen, Moe, Teague
NAYS: Dunn, Salih, Bergus
ABSENT: None
Date published A„g„Gr 24, 2094
WIN
Prepared by: J. Schwickerath, Asst. City Attorney, 410 E. Washington St, Iowa City, IA 52240; 319-356-5030
Ordinance No.
Ordi nce amending Title 9, entitled "Motor Vehicles and Traffic,"
Chapt 11, entitled "Traffic Cameras, Dro/andnse Plate
Recogni 'on Systems," Section 2, entitled to allow
Transport lon Services to use automatic lecognition
systems ord vices for parking purposes, andefinition of
"Automatic TrXffic Surveillance System or De
Whereas, Iowa 0 y Code 9-11-1 limits the City' use of data obtained through an
automatic license plate recognition system or devi a to data that pertains to a qualified
law violation or other cri final violation for which ticket, citation, or arrest is issued by a
peace officer or parking en orcement attendan ho was present at the scene; and
Whereas, the City's Trans ortation Se ices Department has installed a new parking
system that uses automatic lice fie plate ecognition systems or devices to function; and
Whereas, City traffic engineers bp6rate cameras at certain intersections to investigate
reports of traffic signal infrastructur amage or malfunction; and
Whereas, Iowa City Code 9,11-2 sho Id be amended to allow Transportation Services
to use automatic license plate ecognition Vstems or devices for parking purposes; and
Whereas, Iowa City de 9-11-2 shou be amended to clarify the definition of
Automatic Traffic Surveil) nce System or Devi to be consistent with parking and traffic
engineering practices; d
Whereas, it is in a best interest of the City\t000pt this ordinance.
Now, therefor , be it resolved by the City Council o the City of Iowa City, Iowa:
Section I. A endment.
1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 1, entitled "Traffic
Cameras, Drones, and License Plate Recognition Systems," ction 2, entitled
"Definitig s," is amended by adding the underlined text as follow
AUTOMATIC LICENSE PLATE RECOGNITION SYSTEM: A co uter based
systems) that captures an image of a license plate(s) and converts it t a data file
to becompared with databases or hot lists generated by various law en rcement
agencies, and which produces an alert when there is a match be en the
collected license plate data and those databases. Neither Trans ortation Se ices
Department license plate recognition systems or devices nor Streets and I rattic
Engineering Division camera systems are included in this definition.
Ordinance No.
Page 2
AUTOMATIC TRAFFIC SURVEILLANCE SYSTEM OR DEVICE: A device or
devices including, but not limited to, a camera system(s) that uses any electronic,
otographic, video, digital, or computer system designed for the purpose of
pr ducing a photograph, microphotograph, videotape, digital video, or other
reco ed image or digital record of a vehicle and/or its operator d/or its
occup is that is used to establish identity or ownership of a vehicle /or identify
its operator, owner, or occupants. Neither Transportation Servi s Department
sion camera systems are included in this defin
Section II. eater. All ordinances/daordinances in conflict with the
provision of this Or inance are hereby rep
Section III. Severa ilit . If any sectiopart of the Ordinance shall be
adjudged to be invalid o nconstitutional, on shall not affect the validity of
the Ordinance as a whole any section, thereof not adjudged invalid or
unconstitutional.
Section IV. Effective Date. This 0 dinance shall be in effect after its final passage,
approval and publication, as prove y law.
Passed and approved this / d6y of , 2024.
Mayor
Attest: z App oved by
City Clerk /Z
City Attdr�ney'VOffice — 07/11/2024
Ordinance No.
Page 3
moved by
and seconded by
Thattlqe Ordinance as read be adopted, and upon roll call there were:
Ayes: \ Nays: Absent:
Alter
Bergus
Dunn
Harmsen
Moe
Salihufa Teaa
First Consideration 07/16/2024
Vote for passage:AYES: Alt r, armsen, Moe, Teague
NAYS: Dunn, ergus, Salih
ABSENT: No e
Second Consideration
Vote for passage: AYES: Alter, Ha sen, Moe, Teague
NA : Dunn, Salih, Bergus
AB NT: None
Date published