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HomeMy WebLinkAbout1996-09-10 Public hearingCity of Iowa City MEMORANDUM Date: To: From: Re: September 6, 1996 The Honorable Mayor Naomi J. Novick and Members of the City Council Dennis Mitchell, Assistant City Attorney j~/C/J New Pet Animal Control Ordinance Attached is a copy of the new proposed pet animal control ordinance, which is based upon the recommendations of the Animal Control Advisory Board. Also attached are rules and regulations which would be handed out by the Division of Animal Control to applicants when an application for a permit is made. Violation of the rules and regulations may result in revocation or suspension of the permit under the new ordinance. The following is a summary of the ordinance: 1. Circuses where animals are used are prohibited. 2. Rodeos are prohibited. 3. Pigeon and dove lofts are prohibited. Apigeon or dove loft is defined as any cage, loft, or enclosure where five (5) or more pigeons or doves are kept or maintained. There is no exemption for current owners of pigeon and dove lofts. The Council should decide whether current owners of pigeon and dove lofts should be "grandfathered" in under the new ordinance, possibly with some restrictions. 4. "Breeder" is defined as any person who causes or allows a dog or cat to be available for breeding, including any person who offers to sell or give away a puppy or kitten which is a direct offspring of their adult dog or cat. All breeders are required to possess a valid permit issued by the Division of Animal Control. 5. Definitions of "Prohibited Animals" and "Restricted Animals" are substituted for "Exotic Animals." "Prohibited Animals" are defined as "any genus/species of animal which is capable of killing, inflicting serious injury upon, or causing illness or diseases among human beings, domestic animals, or livestock and having a known tendency (either in a natural state, in the wild, or as a tame, fetal or domesticated animal) as a species to do so." A non-inclusive list of prohibited animals, such as bobcats, lions, primates, etc. is included within the definition. "Restricted Animals" are defined as any "animal or genus/species of animal wl~ich, if not properly kept in captivity, may be prone to escape and could be dangerous to the public, or which have been found to need specialized care or enclosures for the health and safety of the public and the animals." A non-inclusive list of restricted animals, such as African Pigmy hedgehogs, ferrets, reptiles, and larger amphibians is included within the definition. 6. In addition to breeders, any person who keeps, maintains, conducts, or operates "any animal act or exhibition, cat or dog kennel, cat or dog show, pet shop, restricted animal, boarding kennel, commercial kennel, motion picture, television or theatrical performance where an animal is used" must first obtain a permit from the Division of Animal Control. All permits will expire one year from the date of issuance unless revoked, suspended, or the location of the residence or business where the animal is kept is changed. An exemption from permit fees is provided for licensed non-profit organizations, educational institutions, and licensed rehabilitators for dog or cat shows or other animal exhibitions or acts conducted for educational purposes; Johnson County Humane Society members harboring dogs or cats in foster homes or foster kennels; and state-approved wildlife rehabilitators. (State-approved wildlife rehabilitators may also possess prohibited animals which are indigenous to the State of Iowa for rehabilitation purposes or for ongoing care.) CC; City Manager City Clerk Lisa Goodman R.J. Winkelhake Donald Strand Linda Newman Woito City Attorney Staff I. Section 8-4-1 is hereby amended to read as follows: DEFINITIONS As used in this Chapter, the following definitions shall apply: Animal; Any living creature, domestic or wild, except a human being. Animal Acts or Exhibitions: Any display containing one or more live animals which are exposed to public view for entertainment, instruction, or advertisement. Boardin§ Kennel; Any place or establishment, other than the municipal animal shelter, where dogs or cats or other animals not owned by the proprietor, owner, or person in posses- sion of the premises are sheltered, fed, watered and generally cared for in return for consider- ation or a fee. Breeders; Any person who causes the breeding of a male or female dog or cat, or makes or allows a dog or cat to be available for breeding, or any person who offers to sell or give away a puppy or kitten that is a direct offspring of their adult dog or cat. All breeders must possess a valid permit issued by the Division of Animal Control. Cat Kennel: Any lot, building, structure, enclosure or premises where five (5) or more cats are kept or maintained. Circus: Any place or performance where trained lions, tigers, elephants, or other animals are made to perform under the whip or command of a ringmaster, trainer, or handler as a performance for public entertainment. Circuses where animals are used shell not be allowed within the city limits. City Pound: Any public animal shelter or pound established or maintained by the City which may include any private or charitable organization or facility leased by the City or with whom the City has a contractual agreement for impoundment services. Commercial Kennel: A place or establishment where the owner or employees perform grooming or training services for dogs or cats in return for a consideration or fee. Defilement: To foul. dirty, pollute or make filthy, either by the pet animal's body or wastes or by the animal carrying or dragging any foul material. Dog Kennel: Any lot, building, structure, enclosure, or premises where four (4) or more dogs are kept or maintained. Dog or Cat Show: Any place where dogs or cats are being exhibited and/or judged. Guard/Attack Dog: A dog trained to attack persons upon the command of its master or custodian or upon the actions of an individual. Leash: A rope, line, thong, chain or other similar restraint, not more than six feet (6') in length, of sufficient strength to hold the animal in check. Molest: Includes not only biting and scratching a human or other animal, but also any annoyance, interference with or meddling with any such human or animal. Motion Picture, Television, or Theatrical Performance: Any place or performance where one or more animals are used in any motion picture, television, radio or theatrical performance or production, whether for entertainment, instruction, or advertising. Owner: In addition to its ordinary meaning, ~ncludes any person who owns, keeps or harbors an animal. Pet Animals: Includes all warm-blooded animals and reptiles. Pet Shop: Any place of business or other commercial establishment where dogs, cats, birds, rabbits, rodents, fish, or any other animals are bought, sold, exchanged, or offered for sale. If restricted animals are kept on the premises for sale or otherwise, a restricted animal permit is also required. Pigeon or Dove Loft: Any cage, loft, or enclosure where five (5) or more pigeons or doves are kept or maintained. Pigeon and dove lofts are not allowed within the city limits. Private Property: All buildings and other property owned by a private person, including buildings, yards and service and parking areas. 2 Prohibited Animals: Any genus/species of animal which is capable of killing, inflicting serious injury upon, or causing illness or disease among human beings, domestic animals, or livestock and having a known tendency, (either in a natural state, in the wild, or as a tame, fetal or domesticated animal) as a species to do so, is declared to be a prohibited animal under this Code. The following list of prohibited animals is not inclusive and may be subject to amendment. Prohibited animals are not allowed within city limits. Canidae within the order Carnivora (e.g., wolves, wolf-dog hybrids, coyotes, coyote-dog hybrids, foxes, jackals), but excluding Canis Familliaris, the domestic dog. (2) Felidae within the order Carnivora (e.g., lions, tigers, jaguars, leopards, cougars, lynx, ocelots, bobcats, jungle cats), but excluding Fells domestica, the domestic cat. Procyonidae within the order Carnivora (e.g., coatis, pandas, raccoons, Procynonids). Ursidae of the order Carnivora (e.g., black bears, brown bears, grizzly bears, polar bears). (5) Chiroptera (e.g., bats). (6) Cetacea (e.g., whales, dolphins, porpoises). (7) Pinnipedia (e.g., seals, sea lions, walrus). (8) Sirenia (e.g., sea cows, mariatees). (9) Primates, including all families, (e.g., Cebidae, Cercopithecidae, Callithricedae, Pongidae, Lemuridae, Lorisidae, Tarsiidae, Colobinae, Hylobatidae, Pongidae; (e.g. monkeys, baboons, marmosets, tamarins, capuchin, chimpanzees, orang-utah, gorillas, apes)). (10) Formicidae within the order Hymenoptera(e.g., fire ants). (11) Apidae; specifically Africanized strains of the Apis Mellifera honey bee. (12) Proboscidea, Hyracoidea, Tubulidentata (e.g., elephants, hyraxes, aardvark). (13) Artiodactyla (e.g., camels). (14) Edentara, Pholidota (e.g., anteaters, sloths, armadillos}. (15) Marsupialia (e.g., kangaroos, wallabies, koala). (16) Ostrich, Emu, Rhea, and Peafowl. (17) Crocodylidae of the order Squamata (e.g., crocodiles, alligators, caimans, gavials). (18) Helodermatidae of the order Squamata (e.g., gila monsters, beaded lizards). (19) Crotalidae, Viperidae, Elapidae, Opisthoglyphous Colubridae, and all other orders which include poisonous or venomous reptiles (e.g., rattlesnakes, vipers, corals, copperheads, cottonmouth, moccasins, sea snakes, puff aders, malagasy hognose). (20) Eunectes murinus (e.g., green anaconda) of the order Squamata. (21) Python Sebae, Reticulatus, D' Albertis pythons. (22) Madagascan Boas. (23) Venomous Spiders of the families Teridiiae and Loxoscelidae respectively, and Scorpions of the order Scorpiones. (24) Serrasalmus (e.g., piranhas). (25) All wild animals indigenous to the State of Iowa. Public Property: Buildings, right of way or other public property owned or dedicated to the use of the City and other governmental entities. Restricted Animals: A restricted animal is an animal or genus/species of animal which, if not properly kept in captivity, may be prone to escape and could be dangerous to the public, or which have been found to need specialized care or enclosures for the health and safety of the public and the animals. A restricted animal is any animal of the kinds or species hereinafter listed. The list of restricted animals is not inclusive and may be subject to amendment. No person shall keep or maintain a restricted animal without a valid permit from the Division of Animal Control. (1) African Pigmy Hedgehogs (2) Ferrets (3) Reptiles (4) Larger Amphibians (subject to species) 3 (5) Vietnamese Pot-Bellied Pigs (subject to zoning requirements) (6) Llamas, Alpacas (subject to zoning requirements) (7) Other small livestock-type animals (subject to zoning requirements) Rodeo: Any contest, exhibition or competition of the skill of contestants or entrants in horsemanship, and where lassoing is usually performed involving cattle, horses, bulls, goats, pigs, and w~ld bovine for public entertainment. Rodeos shall not be allowed within the city limits. Veterinarian: A person duly licensed by the State of Iowa to practice veterinary medicine. Veterinary Hospital: An establishment regularly maintained and operated by a veteri- narian for the diagnosis and treatment of diseases and injuries to animals and which may board animals. Section 8-4-2B is amended to read as follows: The personnel of the Division of Animal Control of the City of Iowa City are designated as the official agents of the City for the purpose of issuing animal licenses and permits, and collecting fees pursuant to this Chapter. III. Section 8-4-6 is amended to read as follows: A. No person shall keep or maintain an animal declared to be prohibited under this Chap- ter. Indigenous wildlife rehabilitators who possess required United States Fish and Wildlife permits, required Iowa State Department of National Resources permits, and a valid permit issued by the Division of Animal Control of the City of Iowa City may maintain wildlife for rehabilitation purposes if state approved. B. No person shall keep or maintain an animal declared to be a restricted animal under this Chapter without a valid permit issued by the Division of Animal Control of the City of Iowa City. C. Pets at Large Prohibited: 1. No pet animal shall be found at large within the City at any time. A properly li- censed animal shall not deemed at large if: a. It is tethered or on the enclosed premises of the owner; or b. It is tethered or on the enclosed premises of another person with the knowl- edge and consent of that person; or c. It is under the control of a person competent to restrain the animal, either by leash or properly restrained within a motor vehicle or enclosed within a structure. 2. Notwithstanding the provisions of this subsection A, any pet animal shall be deemed at large at any time when the pet animal is attacking humans, domestic animals, other animals or destroying property or is on any public property, except when under restraint as set forth above. In addition, any female pet in heat shall be deemed at large at any time, except: a. When housed in a building completely enclosed; or b. When housed in a veterinary hospital or boarding kennel licensed or registered with the State; or c. When on the premises of the owner, provided the area in which such animal is located is completely enclosed by a fence or other structure having a height of at least sixty inches (60"); or d. When under the control of a person competent to restrain the animal, either by leash or properly restrained within a motor vehicle. D. On Private Property: No pet animal shall be taken, allowed or permitted on private property not owned by the owner of the animal without the permission of the person owning such property or the person in possession or control theroof. E. In Food Establishments: No pet arereal shall be allowed, taken or permitted on or in any building, store, restaurant or tavern where food or food products are sold, prepared or dis- pensed to humans other than the owners thereof. F. Tying Animals: No pet animal or livestock shall be tied by any person to a utility pole, parking meter, building, structure, fence, sign, tree, shrub, bush, newspaper or advertising 4 rack or other object on public property or tied on private property without the consent of the owner or person in possession or control thereof or tied in such a manner as to intrude onto a pubhc sidewalk or street or inhibit legal entry onto property. G. Solid Waste Removal: Any person who shall walk a pet animal on public or private property shall provide for the disposal of the solid waste material excreted by the animal by immediate removal of the waste. H. Pet shops displaying, selling, or transferring turtles must display in public view a notice of warning regarding the transmission of Salmonella. I. The Division of Animal Control may issue regulations establishing the minimum distance from dwellings, churches, schools, businesses and other occupanies from which animals and their enclosures must be kept and maintained. I. Exceptions: The provisions of this Section shall not apply to dogs used to guide the visually impaired while such dogs are acting in such capacity. Section 8-4-9 is amended to read as follows: 8-4-9: FEES: Fees for permits, delinquent permit fees, for the hcensing of animals, for delinquent licensing fees, for the boarding of impounded animals, for owner reclamation of impounded animals, for adoption of impounded animals and for acceptance of animals voluntarily surrendered for adoption or disposal shall be set by the City Council by resolution. V. Title 8, Chapter 5 is further amended by adding the following section: 8-5-13: Permit Required: A. No person shall, keep, maintain, conduct or operate within the City of Iowa City any animal act or exhibition, cat or dog kennel, cat or dog show, pet shop, restricted animal, boarding kennel, commercial kennel, pigeon or dove loft, a motion picture, television or theatrical performance where an animal is used, or breed animals without first obtaining a permit therefore in writing from the Division of Animal Control of the City of Iowa City. Prior approval from Housing or Zoning Departments may also be necessary. B. 1. Each application for a permit hereunder shall be in writing upon a form to be furnished by the Division of Animal Control. Permit fees shall be set by resolution of the City Council. 2. All permits issued by the Division of Animal Control shall automatically expire one year from the date of issue, unless revoked, suspended or the holder of a permit changes the location of his/her place of business or residence where such animals have previously been maintained. 3. Within thirty days after the expiration of any permit, the permittee shall apply for and secure a renewal of the permit in the manner provided for in this Chapter. Failure to renew a permit within the time herein provided shall result in a delinquent fee, in addition to the regular permit fee, as set by the City Council. All applicants shall be furnished with permit rules and regulations at the time the application is made. 4. All permits issued hereunder shall be kept posted in a conspicuous place. C. Upon the filing of an application for a permit or renewal thereof, the Division of Animal Control shall make such investigation and inspection of the animal, and the premises where the animal will be kept, as it deems proper within the law. The Division of Animal Control shall then issue a permit to an applicant if it finds: 1. The keeping of the animal(s) at the place set forth in the application and the conduct or operation of the business for which the permit is requested will not violate any law or ordinance of this City, or any law of the State of Iowa; and 2. The keeping of the animal(s) at the place set forth in the application and the conduct or operation of the business for which the permit is requested will not constitute a danger to the health, peace or safety of the community; and 3. The premises and establishment where the animal(s) are to be kept is maintained in a clean and sanitary condition, and the animal(s) will not be subject to needless suffering, unnecessary cruelty or abuse; and 4. The applicant has not had a permit revoked within one year ~rior to the applica- tion; and 5. The applicant has not been convicted of any offense involving the violation of Section 8-3-3 of this Code or Sections 717B.2 or 717B.3 of the Code of Iowa. D. Any permit issued under this Chapter may be revoked or suspended if after due investigation, the Division of Animal Control and/or the Animal Control Advisory Board finds: 1. The permittee has been convicted of any offense involving the violation of Section 8-3-3 of this Code, Sections 717B.2, or 7178.3 of the Code of Iowa, or any provision of this Chapter; or 2. The permittee, his/her agent, or employee has failed to provide any animal in their possession, care, or control with the proper and sufficient food, drink, shelter, or protection, or subjected any such animal to needless suffering, unnecessary cruelty, or abuse; or 3. The permittee, his/her agent, or employee has failed to maintain the premises or caging areas in a clean and sanitary condition; or 4. The permittee has violated any rule or regulation issued by the Division of Animal Control. E. The Division of Animal Control may issue regulations establishing the minimum distance from dwellings, churches, schools, businesses and other occupanies from which animals and their enclosures must be kept and maintained. F. Waiver of Fees. 1. Permit fees shall be waived for licensed non-profit organizations, educational institutions, and licensed rehabilitators for dog or cat shows or other animal exhibitions or acts conducted for educational purposes. 2. Permit fees shall be waived for Johnson County Humane Society members harboring dogs or cats in foster homes or foster kennels. This waiver shall apply only to temporarily housed animals and not to privately-owned animals. A list of foster homes and foster kennels shall appear on the permit application. 3. The following permit fees shall be waived for state-approved wildlife rehabilitators who maintain wildire for rehabilitation purposes or for ongoing care and possess required United States Fish and Wildlife permits and required Iowa State Department of Natural Resources permits: a. Animals acts and exhibitions; b, Restricted animals; and c. Prohibited animals indigenous to the State of Iowa. dennis.mit\anim al.ord 10. 11. 12. PERMIT RULES AND REGULATIONS Applicant, when applying for permit shall furnish the Animal Control Division with a list of the types of animals to be kept or used for any purpose, with the estimated maximum number. Applicant shall furnish the Animal Control Division with the name(s), telephone num- ber(s), and address(s) of a responsible person(s) who has access to the animals and who can be reached during an emergency. Permittee shall notify the Animal Control Division when an additional permit is required for additional animals being kept or maintained by the permittee. The Animal Control Division may establish the maximum number of animals to be kept or maintained on the premises. Permittee shall report in writing any changes in address, ownership or management to the Animal Control Division at least ten (10) days prior to such change. Permittee shall keep records for a period of twelve (12) months for each dog or cat sold, traded, or given away by the permittee. Records shall include the date of sale or transfer, identification of the animal, names, addresses, and phone numbers of the seller and purchaser or transferor and recipient, and the source of the animal, vaccina- tion history, neuter history, and history of prior illness or injury and treatments if known. Records shall be similarly kept on other small animals sold or transferred, except that individual identifications shall not be required. Records shall be available to an Animal Control representative upon demand. The sale or transfer of an animal shall include a signed statement from the seller/transferor attesting to the seller's/transferor's knowl- edge of the animal's health. Such statement shall include the entire known record on each animal. Permittee shall supply animals with sufficient, good, wholesome food as often as the feeding habits of such animals require. Permittee shall supply animals with reasonable access to fresh, clean, potable water at all times. Permittee shall provide animals with proper shelter and protection from the weather at all times. Animals must not be over-crowded nor exposed to temperatures detrimental to their welfare. Permittee shall not allow any animal to be without care or control in excess of seven- teen (17) consecutive hours. Permittee shall take every reasonable precaution to insure that animals are not teased, abused, mistreated, annoyed, tormented or in any manner made to suffer by any person or by any means. Permittee shall not maintain nor allow any animal to exist in any manner that is or could be injurious to it. Permittee shall keep or maintain all animals in such manner as may be prescribed to protect the public from the animals and the animals from the public. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. Animals which are natural enemies, temperamentally unsuited, or otherwise incompati- ble shall not be quartered together or so near each other as to cause injury, fear, or torment. Female animals in estrus shall not be housed with males, except for breeding purposes. Females with young shall be housed alone unless with other compatible females with young. Permittee shall keep records of all animals which are bred and have young while in the custody of the permittee. Records shall be ava!lable to an Animal Control Representa- tive upon demand. Permittee shall give working animals proper rest periods at regular intervals. Confined or restrained dogs or cats shall be given exercise proper for the individual animal, outside of their regular confinement area. Permittee shall not work or use any animal which is overheated, weakened, exhausted, sick, injured, diseased, or otherwise unfit. Permittee shall have full responsibility for recapturing any animal that escapes. Permittee shall not display, sell, or give away any animal he/she has knowledge of, or bears evidence of, malnutrition, ill health, or an unhealed injury. Permittee shall cause each dog, cat, ferret, or pot bellled pig, prior to sale or transfer, to be vaccinated against common diseases related to each specific animal. Pot bellled pigs must be pseudo rabies tested thirty (30) days prior to sale or transfer. Permittee shall provide sick, diseased, or injured animals with proper veterinary care or shall have the animal disposed of by euthanasia as prescribed by State law. An Animal Control representative may order any animal to be taken to a veterinarian for examina- tion or treatment. Permittee shall isolate sick or diseased animals from healthy animals at all times and segregate them so that the illness or disease will not be transmitted to other animals. Permittee shall not allow any animal to constitute or cause a hazard or to be a menace to the health, peace or safety of the community. Permittee shall immediately notify the owner of any animal held on consignment or boarded if the animal refuses to eat or drink beyond a reasonable period, escapes, becomes injured, sick or dies. In cases of death, permittee shall retain the body of the animal for twelve (12) hours after notification has been made to the owner. The Animal Control Division may furnish the permittee with printed information regarding pet laws and regulations which shall be provided by the selledtransferor to the purchas- er/receiver or new owner of any animal. Permittees shall maintain current City licenses for all dogs and cats over the age of 8 weeks. Pet shops and Breeders shall be exempt from licensing dogs or cats until the age of four months. 25. Distance Requirements: Owners Minimunl dwelling separation feet XX < 6'> XX <20'> XX < 20' > Animal Honey Bees Pot Bellled pigs Llamas/Alpacas Minimum separation feet < 150'> < 75'> < 75'> All livestock type animals subject to zoning Other dwelling XX XX XX XX PET SHOPS AND BOARDING KENNELS SPECIFIC RULES AND REGULATIONS Pet shops which maintain, sell, or transfer restricted animals must have a restricted animal permit in addition to a pet shop permit. 2. Boarding kennels which maintain restricted animals must have a restricted animal permit in addition to a boarding kennel permit. 3. Pet shops displaying, selling, or transferring turtles must display in public view a notice of warning regarding the transmission of Salmonella. BREEDERS SPECIFIC RULES AND REGULATIONS No permittee shall publish or advertise the sale or transfer of ownership of any dog or cat unless said publication or advertisement is accompanied by a current breeders permit number. No permittee may own or possess more than four dogs and/or cats over the age of four months, unless said person has secured a permit to operate a dog or cat kennel. No permittee shall allow the breeding of a dog or cat under the age of eighteen months unless the animal must be bred for medical necessity. In this case a signed veterinary statement is required. No permittee shall allow the birthing of more than two litter of dogs or cats in a twelve month period. No permittee shall allow the birthing of more than one litter per each female dog or cat in a twelve month period. The Supervisor of Animal Control may authorize, upon written application of a permittee, on a one time basis, the parturition of up to a total of two litters by the same female dog in a twelve month period. No permittee shall sell more than two litters of dogs or cats in a twelve month period. No permittee shall sell any dog or cat under the age of eight weeks. Each animal, prior to sale or transfer, shall be immunized against common diseases. Animals over four months of age shall be immunized against rabies. Each permittee shall have all breeding animals properly vaccinated against common diseases and rabies. Dogs or cats known to have predisposed hereditary or congenital defects shall not be bred. Animals known to the owner to have aggressive tendencies shall not be bred. Permittee shall maintain current City licenses for all dogs and cats over the age of four months. NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 2nd day of July, 1996, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa; at which hearing the Council will consider: 1. The designation of thirty-seven properties as Iowa City historic landmarks. 2. An ordinance amending the Zoning Chapter by rezoning the following properties located in Iowa City, Iowa, and owned by The University of Iowa to P, Public: I E. Park Road (RNC-20}, 234 N. Madison Street (RM.44), northwest corner of Dubuque and Church Streets (RM-44), 230 N. Clinton Street (PRM), 324 S. Madison Street {CB-2), 300 Myrtle Avenue (RS-5), 421 Melrose Avenue (RS-5), 315 Melrose Ave- nue (RS-8), 121 Grand Avenue Court (RS~ 8), 127 Grand Avenue Court {RS-8), 129 Grand Avenue Court (RS-8), and 2222 Old (~AHighway 218 S. (I-1). n ordinance amending the Zoning Chapter by amending the Conditional Zoning Agree- ment for WestPort Plaza to eliminate the requirement for a "cohesive, integrated development," and to remove the require- ment for the facades of the buildings to prowde ' horizontal continuity," for property located in the CC-2, Community Commer- cial zone at 855 Highway 1 West. Copies of the proposed ordinances are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-men~oned time and place, MARIAN K, KARR, CITY CLERK NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 10th day of Septem- ber, 1996, in the Civic Center Council Cham- bers, 410 E. Washington Street, Iowa City, Iowa; at which hearing the Council will consid- er: 1. An ordinance vacating St. John's Alley, located between St. Clements' Street and St. Mathias' Alley and St. Mathias' Alley, north of North Dodge Street. Copies of the proposed ordinances are on file for public examination in the office of the City Clerk, Civic Center, Iowa CiW, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK Prepared by John Yapp, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5247 ORDINANCENO..__ AN ORDINANCE VACATING THE PORTION OF ST. MATTHIAS' STREET (FORMERLY KNOWN AS ST. MAI'I'HIAS' ALLEY), RIGHT-OF-WAY LOCATED NORTH OF DODGE ST. AND ST. JOHN'S ALLEY, LOCATED BETWEEN ST. CLEMENT'S STREET AND ST. MATTHIAS' STREET. WHEREAS, Roberts Hometown Dairy has requested the City vacate St. Matthies' Street and St. John's Alley; and WHEREAS, the City will vacate the entire portion of St. Matthies' Street north of Dodge Street, much of which is undeveloped; and WHEREAS, the developed portion of St. Matthies' Street does not provide access to any property other than Roberts Hometown Dairy; and WHEREAS, Roberts Hometown Dairy owns property to the north and south of the public right-of-way known as St. John's Alley, described below; and WHEREAS, St. John's Alley west of St. Clement's Street was vacated by Ordinance 2357 on September 7, 1965; and WHEREAS, the subject right-of-ways are not a necessary component of the neighborhood's vehicular circulation system; and WHEREAS, all necessary utility easements will be retained. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION 1. VACATION. The City of Iowa City hereby vacates the portion of St. Matthies' Street (formerly known as St. Matthies' Alley) legally described as follows: Commencing as a point of reference at the southeast corner of Lot 8, Block 2 of St. Matthies' second addition to iowa City, Iowa; thence N0°0'0"E 7.71 feet along the westerly right*of-way line of said St. Matthies' Street to the point of beginning; thence continuing N0°0'0"E 768.21 feet along the westerly right-of-way line of said St. Matthias' Street to a point of intersection with the north line of said St. Ordinance No. Page 2 Matthias' Second Addition; thence N90°0'O"E 24.58 feet along said north line to a point of intersection with the easterly right-of-way line of said St. Matthies' Street; thence S0°O'O"E 756.98 feet along said easterly right-of-way line to a point of intersection with a line 7 feet in perpendicular distance northerly of the northerly right-of-way line of Dodge Street; thence S65°25'12"W 27.03 feet along a line parallel with end 7 feet in perpendicular distance northerly of said northerly right-of- way line to the point of beginning and containing 0.43 acres more or less. The City of Iowa City hereby vacates the portion of St, John's Alley legally described as follows: St. John's Alley lying between the east line of St. Clement's Street and the west line of St. Matthies' Street, SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION III, SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE, This Ordi- nance shall be irt effect after its final passage, approval and publication, as provided by law. Passed and approved this __ day of ,19 MAYOR ATTEST: CITY CLERK City of Iowa City MEMORANDUM Date: May 14. 1996 To; Planning & Zoning Comm,ss~on From: John Yapp. Assooate Planner Re: VAC94-0004 Based on d~scussion at the May 13 Planning and Zoning Commission meeting, staff has revised their recommendation for VAC94-0004, the vacation of St. John's Alley and St. Mattbias Alley. STAFF RECOMMENDATION Staff recommends that VAC94-0004, a request to vacate St. John's Alley and St. Mattbias Alley, be approved subject to 1) retention of all necessary utility easements. and 2) St. John's Alley and St. Matthias Alley wdl not be d~sposed of until an agreement between Roberts Hometown Dairies and the City is reached, regarding improvements to Dodge Street and reiDcation of the water tank. The points that need to be addressed in this agreement are: A survey of the area will be performed w~th the cost being d~wded by the City and the property owner. Sidewalks to be placed on the 7-foot area to be acquired by the City will be at City expense. The present application will be amended to add St. Matrheas Alley from Dodge Street North reserwng a storm sewer easement to the City. The question of truck access be(ween St. Matthias Alley and St. Clement's Street will be the subject of negobation after planned use of the area between St. Clement's Street and St. Matthias Alley is more dehmte. The easement for water lines from Prame Du Chien Road to serve the water tower will be abandoned by the City and the C~ty will remove all of the machinery, valves. etc. used for that purpose. The potential acquisition by the C,ty ot a str~p along North Dodge Street between Prmrie Du Ch~en Road and S[. Clement's Street wdl be the subject of future negotiations. No additional access poems to Dodge Street vv,II be created on the four lots between St. John's Alley and Dodge SireeL Existing access points and curb cuts may be relocated during redevelopment of the four lots Ironting on Dodge Street Approved By: Robert M~klo, Semor Planner Department of Planning and Community Development City of Iowa City MEMORANDUM Date: To: From: Re: April 26, 1996 Planning and Zoning Commission John Yapp, Associate Planner VAC94-0004 BACKGROUND In June, 1994 Roberts Home Town Dairies requested the vacation of an alley located west of St. Clement's Street and East of St. Matthias Alley, known as St. John's Alley. The alley west of St. Clement's Street to Prairie Du Chien Road was vacated by Ordinance 2357 on September 7, 1965. In July, 1994, William Meatdon, representative for Roberts Dairy, requested the vacation application be deferred until the City and Roberts Hometown Dairies could reach agreement regarding various infrastructure improvements and right-of-way acquisitions in and around the dairy area. City staff and Roberts Hometown Dairies have reached tentative agreements in their negotiations over improvements and right-of-way acquisitions in the area (see attachment 1), and Roberts Hometown Dairies has requested the application for the vacation of St. John's Alley be considered at this time. The applicant has also requested that the application be amended to include a request to vacate St. Matthius Alley, which is located east of St. John's Alley (see location map). ANALYSIS St. John's Alley: Roberts Hometown Dairies owns all the property to the north and south of St. John's alley, and is the only property with access to the alley. All utility companies were notified of the requested vacation in 1994. Neither the City nor TCI cable TV have any utility lines in the alley. U.S. West has had no comments on the proposed vacation. MidAmerican Gas and Electric has gas and electric lines located within the alley, which will require that a utility easement be maintained. The City has reached tentative agreements with Roberts Hometown Dairies regarding the acquiring of fee title to seven feet of frontage between St. Clement's Street and St. Matthias Alley. Staff recommends that the property requested for vacabon not be disposed of until the tentahve agreements which were reached are finalized. The value of the property being dedicated to the City can be subtracted from the value of the vacated alley. Negotiations regarding the purchase of the alley will occur if the City Councd agrees to vacate the alley. Staff ~s concerned that no additional access points to Dodge Street, between St. Clement's Street and St. MatthiasAlley, be created. The four lots to the south of the alley are owned by the dairy. If the vacation of the alley is approved, these lots could be sold and the only access available to them would be from Dodge Street. Therefore, Staff recommends that the plat which created these lots be vacated, creating a single lot between Dodge Street and St. John's Alley. Additionally, no direct access to Dodge Street should be allowed for this lot. St. Matthius' Alley: This alley is located to the east of St. John's Alley and is platted perpendicular to Dodge Street. It appears that the dairy owns all of the properties which abut the alley and therefore vacation of the alley would not remove access to any properties. Staff has also contacted the utility companies regarding any utilities that might be located in the alley. If utilities are located in the alley they will need to be moved or a utility easement will need to be retained for them prior to vacation. A storm water easement over portions of the alley will be retained by the City. STAFF RECOMMENDATION Staff recommends that VAC94-0004, a request to vacate St. John's Alley and St. Matthius Alley, be approved subject to 1)retention of all necessary utility easements, 2) vacation of a portion of the plat for the four lots to the south of the alley, 3) a restriction being placed on the lot between the alley and Dodge Street stating that no access to Dodge Street is allowed for this lot and 4) the alley not be disposed of until the tentative agreements between Roberts Hometown Dairies and the City regarding improvements to Dodge Street and relocation of the water tank, are finalized. ATTACHMENTS 1. Tentative agreements between the City and Roberts Hometown Dairies. 2. Location Map, Approved By: Robert Miklo, Senior Planner Department of Planning and Community Development Attachment 1 The following tentative agreements were made in an April 8 conference between the City staff and Roberts Hometown Dairies regarding the acquiring of fee simple of 7 feet of the frontage owned by Roberts Hometown Dairies (italics: not yet confirmed with Robert's Dairy): 1. A survey of the area would be performed using MMS consultants or Shive-Hatterly with the cost being divided by the City and the property owner. 2. Sidewalks to be placed on the 7-foot area to be acquired by the City will be at City expense. 3. The present application will be amended to add St. Matthias Alley from Dodge Street North reserving a storm sewer easement to the City. 4. The question of truck access between St. Matthias and St. Clement's will be the subject of negotiation after planned use of the area between St. Clement's and St. Mattbias is more definite. 5. The easement for water lines from Prairie Du Chien Road to serve the water tower will be abandoned by the City and the City will remove all of the machinery, valves, etc. used for that purpose. 6. The potential acquisition by the City of a strip along North Dodge Street between Prairie Du Chien Road and St. Clement's will be the subject of future negotiations. LOCATION MAP VAC94-0004 _ ST. JOHN'S ALLEY ST. MATTHIAS' ALLEY ;12 12 R I I ST. MATTHIAS' ALLEY ST. JOHN'S ALLEY / CEuE~E~Y HIC~ORT HILL September 9, 1996 To: Council Members of the Iowa City Council, Iowa City Administrators I am writing concerning an ordinance vacating St. John's Alley located between St. Clements' Street and St. Mathias' Street (alley) and St. Mathias' Street (alley), north of North Dodge Street. I am against the above ordinance. But my little voice is weak against all the high place actions that are going forward. The non-conforming dairy has over the years acquired lots 5, 6, 7, and 8 along North Dodge Street to achieve further expansion of the dairy. This is a business that violates greatly unacceptable noise levels. This is a non-conforming business that cannot expand but somehow has built a huge "temporary" building set in 8 feet of solid concrete with huge steel I-beams that not even a tornado could destroy. As I understand it, the city will trade seven feet fi'om lots 5, 6, 7, and 8 along North Dodge Street for the approximate three blocks of St. John's Alley and St. Mathias' Street (alley). This seven feet could be obtained through eminent domain process for a reasonable price. The three blocks of St. Mathias Street (alley) and St. John's Alley vacating could be negotiated for an amount that is in the best interests of the city. The current St. John's Alley is paved between two parking lots and is worth a tremendous amount of money to the dairy as is the exclusive use of St. Mathias' Street (alley) that they am currently the main user and will use for further years' expansion. I recommend that the city negotiate what is a reasonable price for the dairy's necessity to acquire St. John's Alley and St. Mathias' Street (alley) and use the eminent domain power for the city's acquisition of seven feet along North Dodge Street. Why give our alleys and streets away to an undeserving non-conforming dairy? Sincerely, Herbert A. Davis 707 Kimball Avenue Iowa City, IA 52245 (319) 338-1652 FOR THE CITY OF IOWA CITY The purpose o~,the following ~ndustries/technologies opportumty li.' try/technology Jps that are compatible with the Iowa City the community d proactively direct its economic developme~ these indu~ groups, the focus of the City's activities will be to st start-up firms, to retain local comp~ expansion plans, and ~ttract and recruit new operations INDUSTRIES/TECHNOLOGIES OPPORTUNITY LI.( to identify indus- and toward which Within each of economic development and to assist with their City, By establishing an ~s/technologies opportunity discouraging industries not the list. Those businesse; ordinance will be welcomed the community and possible. However, the City not proactively p attraction of these industri{ proactive activities and ICAD's the City is not prohibiting or unUer the present zoning be offered assistance whenever the development, expansion or ~ortunity list isto focus the City's Is on behalf City. Biocatalysis & Bioprocessing R&D Communications Services Computer Software Developm( Drugs/Pharmaceutical Simulations of Complex Systems Educational Services Electronic & Other Elect~ Equipment Environmental Techn,~,ies & Energy Resource AIt~atives R&D Insurance Services/ Human Health &yedicir e (Alternative Health Care Syste~) Light Manufact~ing Medical InstrUants/Instruments & Measuring Dewces Mus~c/R ~'d'mg Stud~os/Audio-V~sual Production Printing 'ublish,ng (Public Relations/Graphic Ar.ts_/~Design) ~, _ Value-~ Agricultural Products / / / CITY OF IOWA CITY FINANCIAL ASSISTANCE ELIGIBILITY Intent: businesses Strategies provide the form of property tax direct loans and C~ty of Iowa City w~shes to encourage the ~ich are consintent with and carry out the for the City of Iowa City." To this ~ssistance to individual business establishl State and Federal funds targeted at .~s, underwriting the cost of es1 and growth of Development Policies, the City will support and This assistance may take development, providing improvements, or providing The guidelines decisions regarding The criteria are based on who receive citizens, and contribute to the guidelines there is room the City's Economic Develo elow will serve as a fram for the City Council in making its )usinesses should recei~ publicly funded incentives or assistance. Policies and the concept that businesses pay a good wag~ ~rovide benefits to their employees, be good econom~ ~g of the community. Within each of ~dgment an by the City Council. Consistent with Policies ' ' start-up businesses and expansion of existing local businesses will be Private Financial Contribution as Co Higher points to be awarded for: A greater percentage of A quicker payback period A lower amount of City 'ed to Public Assistance Request (10 points) Iion by the assisted business; for financial assistance; ~istance per job. Consistency with Comprehensi, Plan/Ca 3rovemerits Program/Economic Development Policies (20 points) Higher points to be award/e/d for: - Projects not requiri~'g new public capital iprovements; - A greater contribu/t'ion by the developer ~ubhc infrastructure improvements; - Jobs within industry/technology groups on ~ortunity list; - Start-up compadies and expansions of local operations; A greater amou'nt of property tax base expan,' n. / Quality of Jobs to be Created (30 points) Higher points to, be awarded for: H~gher w~ge rates Full-hme;' long-term, non-seasonal positions; Commitment to a safe workplace; Contribution to health insurance benefits; Prowlion of fringe benefits (vacation, s~ck leave, retirere, ,lans); Economic Impact {15 points) Higher points to be awarded for: Contribution to diversification of Johnson County economy Potential for future growth of industry; /B,us~nesses that build on the resources, materials, and workforce ~ community. of the local 2 City of Iowa City MEMORANDUM ~Originally included in July 15, 1996, Information Packet** Date: July 10, 1996 To: C~ty Council From: Economic Development Ad Hoc Committee Jeff Cox John Buchanan Pan Ehrhardt Bob Elliot Carolyn Gross Kathryn Kurth Derek Maurer Bob Sierk Tom Bullington Bill Gerhard Vicki Lensing George Starr Industries/Technologies Opportunity List and Financial Assistance Guidelines for the City of Iowa City In August of 1995, the Iowa City City Council adopted the document entitled "Economic Develop- ment Policies, Strategies, and Actions for the City of Iowa City". The purpose of the document is to provide a positive, proactive direction to the City's economic development activities. To begin carrying out the policies listed in the document, the Council formed the Economic Develop- ment Ad Hoc Committee to work on the following two questions: When the City and local economic development organizations encourage the expansion and attraction of business and industry, what specific types of business- es and industries should we encourage in Iowa City (industries/technologies opportunity list)? When the City considers financial assistance to a firm, such as a grant, loan, or providing infrastructure, what characteristics and practices must the firm have to obtain assistance (financial assistance eligibility guidelines)? After hvelve meetings and much discussion, the Committee presents to the City Council our recommendation regarding an opportunity list of industries/technologies for Iowa City and financial assistance eligibility guidelines. We believe these documents provide goals that the community can support and which will enhance the prosperity of the entire community. Industries/Technolcgies Opportunity List The consensus of the Committee is that the City should focus its economic development efforts on those businesses that provide good jobs and livable wages, follow good business practices, and are environmentally sound. AS long as a business meets a general set of standards, we were not too concerned about the particular industry. We are more concerned about providing employment opportunities for the entire labor force including both blue collar and white collar jobs. Given the Council's charge to establish a list of targeted industries/technologies, the Committee did establish a list of industries/technologies on which the City of Iowa City should focus its proactive economic development efforts. This list should not be read as one that prohibits or discourages industries/technologies not on the list, but as a list to focus the City's proactive activities. 2 The mdustr~es,'technolog~es opportunity hSt ~S denved from hsts used by the Umvers~ty and the State plus our own evaluabon of Iowa City and the opportunities that exist here. The list contains areas that are potentially promising and compatible with the resources we have ~n the community. A common recurring concern expressed at Commmee meet,rigs was the lack of space for new and expanding businesses. We believe that the growing of local businesses ~s as important as ~he attraction of new bus~ness. We recommend that the Councd work on ensuring the availability of ~ndustrial land, on encouraging the development of speculative buildings. and on assisting with the development of an ~ncubator center for new and developing businesses. The City should first focus its efforts on providing space in the community for all types of business and industry, whether or not they are on a:targeted industries list. Without available space, the Iowa City community misses economic development oppodunities. Financial Assistance Eligibility Guidelines The financial assistance eligibility guidelines are to be used when the City considers providing financial assistance to businesses, Although municipalities provide financial assistance to a small number of businesses relative to the total number of businesses found in the community, guide- lines are useful for selecting those businesses that should receive assistance. Those companies not receiving public financial assistance will not need to consider the guidelines. In arriving at the financial assistance guidelines, the Committee reviewed the general criteria the State uses when evaluating a- project for the CEBA program. The Committee also gathered information frorn other Iowa and Midwest cities to evaluate the type of criteria these communities use (they included Des Moines, Ames, Cedar Falls, Cedar Rapids, and Madison, Wl). Based upon this information and the goals expressed in the City's adopted policy, "Economic Develop- ment Policies, Strategies and Actions for the City of Iowa City", the financial assistance eligibility guidelines were developed. Reaching a consensus on most of the eligibility guidelines was rather easy; however, we did have considerable discussion about the wage rate guideline (see the first guideline listed under the General Requirements section, page 3). Our discussion centered on whether a business's average hourly wages should be compared to the average county wage for all industries or the average county wage rate of the industry of which the business is a part. After much discus- sion, and the addition of a minimum wage rate guideline, we agreed that the average county wage of the industry of which the business is a part would be an acceptable measure. Attached to the list of financial assistance eligibility guidelines is a list of current wage figures. As the intent section of the financial assistance eligibility guidelines states "the guidelines...will serve as a framework for the C~ty Councd ~n making its decisions regarding wh,ch businesses should receive pubhcly funded incentives or assistance." "Within each of the guidelines there is room for judgement and fiexibdity by the City Council." The industries/technologies opportunity I,st and the financial assistance eligibility guidelines prowde direction for the City's proactive economic development activities, wh~le at the same time providing enough flexibility to allow the City to pursue other opportunities that may develop. Flexibility is an important component for the Committee. We do not believe the list of guidelines should be interpreted in a way to preclude any economic endeavor that would be beneficial to the community. In our discussions, we have considered the importance of start-up companies and expansions of existing businesses in the community. We also recognized the challenges some- times encountered by women- and minority-owned businesses. In any of these instances, the guidelines are flexible enough to meet any special circumstances and opportunities that may arise. 3 Given the flexibility provided to the city council by these documents, the Committee would like to stress one point that it feels is important to the success of Iowa City. That point relates to the image our city projects. Impressions and appearances are important, because they add to the development of perceptions...and perceptions often become reality. The council sets a tone and a philosophy for itself, for the city staff, and for city-appointed citizen committees and commis- sions. The tone shouid be that existing and prospective businesses should be made to feel they are welcome and that the city's governance is anxious to help. It should be made very clear that city staff and commissions are there to help businesses understand and successfully comply with our important ordinances, regulations, and reviews. Keeping this in mind, we believe the City can successfully achieve its economic goals. INDUSTRIES/TECHNOLOGIES OPPORTUNITY LIST FOR THE CITY OF IOWA CITY The purpose of the following industries/technologies opportunity list is to identify indus- try/technology groups that are compatible with the Iowa City community and toward which the community should proactively direct its economic development efforts. Within each of these industry/technology groups, the focus of the City's proactive economic development activities will be to assist start-up firms, to retain local companies and to assist with their expansion plans, and to attract and recruit new operations to Iowa City. By establishing an industries/technologies opportunity list tile City is not prohibiting or discouraging industries not on the list. Those businesses allowed under the present zoning ordinance will be welcomed to the community and will be offered assistance whenever possible. However, the City will not pursue the development, expansion or attraction of industries permitted under zoning but not on the opportunity list. The industries/technologies opportunity list is to focus the City's proactive activities and ICAD's efforts on behalf of the City. Industry/Technology Biocatalysis & Bioprocessing R&D Communications Services Computer Software Development/Computer Simulations of Complex Systems Educational Services Electronic & Other Electrical Equipment Environmental Technologies & Energy Resource Alternatives R&D Insurance Services Human Health & Medicine (Alternative Health Care Systems) Light Manufacturing Medical Instruments/Instruments & Measuring Devices Music/Recording Studios/Audio-Visual Production Printing & Publishing (Public Relations/Graphic Arts/Design) Value-Added Agricultural Products CITY OF IOWA CITY FINANCIAL ASSISTANCE ELIGIBILITY GUIDELINES Intent: The City of iowa City wishes to encourage the establishment and growth of businesses which are consistent with and carry out the "Economic Development Policies, Strategies and Actions for the City of Iowa City." To this end, the City will support and provide financial assistance to individual business establishments. This assistance may take the form of utilizing State and Federal funds targeted at economic development, providing property tax incentives, underwriting the cost of infrastructure improvements, or providing direct loans and grants. The guidelines provided below will serve as a framework for the City Council in making its decisions regarding which businesses should receive publicly funded incentives or assistance. The criteria are based on the Economic Development Policies and the concept that businesses who receive assistance should pay a good wage, provide benefits to their employees, be good citizens, and contribute tothe overall economic well-being of the community. Within each of the guidelines there is room for judgment and flexibility by the City Council. Consistent with the City's Economic Development Policies, promising start-up businesses and expansion of existing local businesses will be encouraged. Private Financial Contribution as Compared to Public Assistance Request (10 points) Higher points to be awarded for: A greater percentage of contribution by the assisted business; A shorter payback period or expiration for financial assistance; A lower amount of City financial assistance per job. Consistency with Comprehensive Plan/Capital Improvements Program/Economic Development Policies (20 points) Higher points to be awarded for: Projects not requiring new public capital improvements; A greater contribution by the developer for public infrastructure improvements; Jobs within industry/technology groups on opportunity list; Start-up companies and expansions of existing local operations; A greater amount of property tax base expansion. Quality of Jobs to be Created {30 points) Higher points to be awarded for: Higher wage rates Full-time, long-term, non-seasonal positions; Commitment to a safe workplace; Contribution to health insurance benefits; Provision of fringe benefits (e.g. vacation, sick leave, retirement plans); Economic Impact (15 points) Higher points to be awarded for: Contribution to diversification of Johnson County economy Potential for future growth of industry; Businesses that build on the resources, materials, and workforce of the local community. 2 Environmental Impact (15 pointe) Higher points to be awarded: The more environmentally sound the company's operation; (e.g. comprehensive energy and resource efficiency programs; comprehensive waste reduction, waste exchange, and recycling programs). The more environmentally sound the company's products/services. (e.g. products/services that expand markets for recycled materials; develop- ment of renewable energy resources or products that conserve energy.) Community Involvement (10 points) ; Higher points to be awarded: Businesses that have a history of contributing to their communities through volunteer work, financial contributions or or.her means. - - New start-up businesses that demonstrate their commitment to becoming involved in the community. TOTALPOINTS 100 3 Goneral Requirements Every applicant should provide average hourly wages for all new and existing jobs which meet or exceed the average county wage rate by industry. Ninety percent of the project positions should have a wage greater 'than the federal poverty wage rate for Iowa City {30% of median income for a four person household in Iowa City). Under special circumstances, consideration will be given to those companies who cannot meet this requirement. Applicant must have a consistent pattern of compliance with the law and the~pirit of the law, including environmental regulations, occupational safety and health law~, fair labor standards, the National Labor Relations Act, and the Americans with Disabilities Act, in order to be eligible for financial assistance. Applicant must demonstrate the following in order to be eligible for financial assistance: the feasibility of the business venture; the reliability of the job creation and financial estimates; the creditworthiness of the business; that the project would not occur without city financial assistance. A contract will be executed for any financial assistance awarded. Applicant will be required to repay all, or a prorated share, of the amount of the financial assistance awarded if the applicant does not fulfill the obligations of the contract. 4 Employment & Wages Covered By Unemployment Insurance. 1995 - Johnson County - INDUSTRY TOTAL. ALL INDUSTRIES Average Average Yearly Hourly~ Weekly2 Average3 $ 11.85 $ 474$ 24,648 PRIVATE BUSINESS Agriculture & Mining Construction Manufacturing Transportation & Public Utilities RetaiJ/VVholesale Trade Finance, Insurance, Real Estate Services 9.30 $ 372$ 19,344 7.90 $ 316 $ 16,432 12,83 $ 513 $ 26,676 14.23 $ 569$ 29,588 13.95 $ 558$ 29,016 6.23 $ 249$ 12,948 11.80 $ 472$ 24,544 8.85 $ 354$ 18,408 GOVERNMENT Federal State~ Local $ 16,40 $ 656$ 34,112 $ 16.78 $ 671$ 34,892 $ 17.40'$ 696 $ 36,192 $ 11.65 $ 462$ 24,024 1Ca}culated by dh, idi~g ayerage ~ ~ by 40 h<~rs 2So~Jrce: Iowa De~a~ne~t of EmJ3~t Se~"4~'e~. Preliminary 1995 Figures ~Caiculated by mu]tip~ng average w~ wage by 52 w~eks Note: The Iowa Oepartme~t of E~ic Oevak~ment uses this source to determine wage rate criteria f~ state ~'~nanc~al assistance programs. Page 1 INCOME FIGURES FOR IOWA CITY Effective 12/14195 Source: U.S. Dept. of Housing Urban Development Houlihold 39% Median Income Size (poverty level) Median Income Annual Hourly Annual Hourly Income Wage~ Income Wagel 1 $ 10,380 $ 4.99 $ 34,800 $ 16.63 2 $ 11,850 $ 5.70 $ 39,500 $ 18.99 3 $ 13,350 $ 6.42 S44,50<) S 21.39 4 S 14,820 $ 7.'~3 S49,400 $ 23.75 5 S 16,020 $ 7.70 $ 53,400 S 25.67 6 $ 17,190 $ 8.26 $ 57,300 $ 27,56 7 S 18,390 S 8.84 S61,300 $ 29.47 8 S 19,560 $ 9.40 $ 65,200 $ 31.35 ~Assumes one wage eemer per household working 2080 houm per year. NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of Iowa City will hold a public hearing on the 10th day of September, 1996, at 7:00 p.m. in the Council Chambers of the City of Iowa City, 410 E. Washington Street, Iowa City, Iowa, regarding the intent to convey + 15.12 acres of lend and lease ± 7.13 acreas of land adjacent to the Elks Club southwest property line and south of Foster Road within an area commonly known as the "Peninsula" to the Elks Club with the City retaining a covenant limiting the use of chemicals and pesticides. Persons interested in expressing their views concerning this matter. either verbally or in writing, will be given the opportunity to be heard at the above-mentioned time and place.