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Home My WebLink About2004-10-19 Resolution ~.,~ i. a:J- r j I -I '~ , 4c 4 Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 04-?R3 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: Kandy Land - 928 Maiden Lane Passed and approved this 19th day of October . 20~. ~~ /J? ,_/ - YOR Approved by ATTEST: ~....~:'.,(/ ,\;UJ ~~ 1213.("3- CITY ERK Ci(y At omey's Office It was moved by Vanderhoef and seconded by 0' Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X ~~ X Champion X Elliott X ~hm~ X O'Donnell X Vanderhoef X Wilburn Nt41 I ~~;;) I Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 04-284 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: Cigarette Outlet #18 - 1901 Broadway #3 Passed and approved this 19th day of October , 20j!L. &.-~~ ~d - YOR Approved by ATTEST: ~d~ .fl. ~--uJ ~~ o ' f2-/~o!5 CIT ERK ity Attor ey's Office It was moved by Vanderhoef and seconded by o I Donne 11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn 1)\-+1, ~ {..i Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 04-285 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF lOW A CITY, lOW A, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: Que - 211 Iowa Avenue Grizzly's South Side Pub - 1210 Highland Court Passed and approved this 19th day of October . 20..M...-. p~. ~~ OR Approved by ATTEST: ~~--n.-J K. ~ /ffttt&~ IzJ~olo3 CITY ERK Ci(y Attorney's Office It was moved by Vanderhoef and seconded by 0' Donne 11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn (~Jt rnTIJ Prepared by: Sylvia Mejia, Personnel, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5026 RESOLUTION NO. 04-286 RESOLUTION AMENDING THE CITY OF IOWA CITY COMMERCIAL DRIVER'S LICENSE SUBSTANCE ABUSE PREVENTION PROGRAM FOR DRUGS AND ALCOHOL WHEREAS, federal law mandates alcohol and controlled substance testing programs for commercial drivers be developed; and WHEREAS, Resolution No. 03-315, adopted by the City Council on October 14, 2003, established the existing Commercial Driver's License Substance Abuse Prevention Program for Drugs and Alcohol; and WHEREAS, Appendix C and Appendix D have been updated to reflect current information regarding safety sensitive positions and Substance Abuse Professionals., NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Appendix C and Appendix D of the existing Commercial Driver's License Substance Abuse Prevention Program for Drugs and Alcohol be replaced by the attached updated Appendix C and Appendix D. Passed and approved this 19th day of October ,2004 . ~ ;;jJ -_"- AYOR Ap ATTEST: ~~AI'..-u~ ,{/. ~ CITY ERK It was moved by Vanderhoef and seconded by 0' Donne 11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn humanreVresJamendabuse .doc Appendix C DRUG AND ALCOHOL TESTING SUBSTANCE ABUSE PREVENTION PROGRAM SAFETY SENSITIVE POSITIONS 49 CFR, Part 382 EQUIPMENT: SOLID WASTE: Mechanic I MW I - Refuse Mechanic II MW II - Refuse Mechan ic III Asst. Solid Waste Superintendent Shop Supervisor STREETS: Equipment Superintendent MW I - Streets CEMETERY: MW II - Streets MW III - Cemetery MW III - Streets FORESTRY: Sr. MW - Streets MW I - Forestry Asst. Streets Superintendent MW II - Forestry Streets Superintendent Sr. MW - Forestry TRAFFIC ENGINEERING: CBD: Electronics Tech MWII-CBD Electrician PARKS: WATER: MW I - Parks MW I Customer Service MW II - Parks MW II Water Service MW 111- Parks Maintenance Operator Sr. MW - Parks Sr. TPO Sr. MW - Turfgrass Sr. MW - Water Plant Parks & Forestry Superintendent WATER DISTRIBUTION: W ASTEW A TER: MW II - Distribution MWI MWIII - Distribution MWII Sr. MW - Distribution MWIII-WW AIRPORT: MW III - Collection MWI Sr. MW - Collection Airport Manager Sr. MW - Plant 49 CFR, Part 655 Maintenance Operator TPO TRANSIT: Sr. TPO Body Repair Mechanic LANDFILL: Mass Transit Operator MW II - Landfill MW II - Transit MW III - Landfill Transit Operations Supervisor MW 11- Landfill/Recycle Transit Manager Mechanic I - Transit Mechanic II - Transit Mechanic 111- Transit Shop Supervisor - Transit All employees working in temporary positions requiring a CDL. humanrel/manualslcdldrugpol.doc 9/04 Appendix D DRUG AND ALCOHOL TESTING SUBSTANCE ABUSE PREVENTION PROGRAM SUBSTANCE ABUSE PROFESSIONALS (SAP) Synchrony Employee Assistance Program 438 Southgate Avenue Iowa City, IA 52240 (319) 351-9072 Nancy Phelps Family Resources, Inc. 805 W. 35th Street, Suite 100 Davenport, IA 52806 (563) 445-0587 Employee and Family Resources Substance Abuse Services 505 5th Avenue, Suite 600 Des Moines, IA 50309 (515) 243-4200 Anchorpoint Counseling and Consultation Diane Kepros 463 Northland Ave. NE Cedar Rapids, IA (319) 377-0480 hurranrellmanualslcdldrugpol.doc 9/04 ~ 1\; I];J i \.-~ r;~ / G Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 04-287 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2235 RUSSELL DRIVE, IOWA CITY, IOWA. WHEREAS, on April 30, 2002, the owners executed a Mortgage for Downpayment Assistance in the amount of $4,500; and WHEREAS, on July 2, 2002, the owners executed a Mortgage for Housing Rehabilitation in the amount of $3,993; and WHEREAS, on August 28, 2002 the owners executed an Amended Mortgage for Housing Rehabilitation in the amount of $3,718.77; and WHEREAS, the loans have been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release these liens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 2235 Russell Drive, Iowa City, Iowa from a Mortgage recorded August 2,2002, Book 3349, Page 673 through Page 676; and from a Mortgage recorded July 19, 2002, Book 3339, Page 454 through Page 458; and an Amended Mortgage recorded August 29, 2002, Book 3368, Page 54 through Page 58 of the Johnson County Recorder's Office. Passed and approved this 19th day of October , 20.M:...-. &-,w. -;;ft:-L - -- AYOR Approved by ATTEST: ~;4~ ,(/, ~AA.,/ ~~ {O-(\<:J't CI LERK City Attorney's Office ppdrehablresl2235russell-rel.doc Resolution No. 04-287 Page 2 It was moved by Vanderhoef and seconded by o I Donne 11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIENS The City of Iowa City does hereby release the property at 2235 Russell Drive, Iowa City, Iowa, and legally described as follows: Lot 226 in Part Five Hollywood Manor Addition to Iowa City, Iowa, according to the plat hereof recorded in Book 13, Page 19, Plat Records of Johnson County, Iowa. Also, that part of Lot 225 in said Part Five Hollywood Manor Addition to Iowa City, Iowa, more particularly described as follows: Beginning at the southeasterly corner of said Lot 225; thence northeasterly along the easterly line of said Lot 225 Five feet to a point; thence Northwesterly 136.09 feet to the southwesterly corner of said Lot 225; thence southeasterly 136.00 feet along the southerly line of Lot 225 to the point of beginning. Subject to easements and restrictions of record from an obligation of the owners, Alvaro Humberto Cardenas and Lorena Castillo-Marales, to the City of Iowa City in the total amount of $8,218.77 represented by a Mortgage recorded August 2, 2002, Book 3349, Page 673 through Page 676; and from a Mortgage recorded July 19, 2002, Book 3339, Page 454 through Page 458; and an Amended Mortgage recorded August 29, 2002, Book 3368, Page 54 through Page 58 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. &~ ~ - Approved by ~ ATTEST: ~;~ R. ~~ ~ (O-Id.'-O'T CI LERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this If day of Da:roBEE: , A.D. 20 04 ,before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. 00(. - J.~7 , adopted by the City Council on the /9 day of Oc.cm,BS12 , 20~ and that the said Ernest W. Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntaril executed. ~ SONDRAEFORT o~ Commission Number 159791 ~ 'My Com ission Expires ~o-nckM- ~~ lOW ppdrehab/2235russell-rel.doc Notary Public in and for Johnson County, Iowa J ~~w ! Pre ared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 I ; RESOLUTION NO. ,- , ! / RESOLUTION THORIZING THE MAYOR TO SIGN ANIi TI-fE CITY CLERK TO ATTEST TO THE RELEAS OF LIENS REGARDING THREE MQ'RTAGES FOR THE PROPERTY LOCATED AT 2235 SSELL DRIVE, IOWA CITY, lowAl , / WHEREAS, on April 30, 2 2, the owners executed a ~rtgage for Downpayment Assistance in the amount of $4,500; and I WHEREAS, on July 2, 2002, the ners executed a ~rtgage for Housing Rehabilitation in the amount of $3,993; and / WHEREAS, on August 28, 2002 the 0 ers e cuted an Amended Mortgage for Housing Rehabilitation in the amount of $3,718.77; a WHEREAS, the loans have been paid off; and WHEREAS, it is the City of Iowa City's respo sibility10 release these liens. '\ '\ NOW, THEREFORE, BE IT RESOLVED B THE CITY boUNCIL OF THE CITY OF IOWA that the Mayor is authorized to sign and the ity Clerk to att~t the attached Release of Lien for mco,dallon, whmby the City doe' rnle ,e the pmpe,,, 10:& at 2235 Ru"ell ""ve, Iowa City, Iowa from a Mortgage recorded A gust 2,2002, Book 3 9, Page 673 through Page 676; and from a Mortgage recorded July 19 2002, Book 3339, Page 54 through Page 458; and an Amended Mortgage recorded August 29, 2002, Book 3368, Page., 54 through Page 58 of the Johnson County Recorder's Office. \ \ Passed and approved this ,2P \ \ ., " MAYOR Approved by \ ATTEST: ~~..\(O-(~"o'+ CITY CLERK City Attorney's Office ppdrehablresJ2235russeU-rel.doc MI. ~ 1-1r:,'" I~ 6b Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (SUB04-00012) RESOLUTION NO. 04-?1'\1'\ RESOLUTION APPROVING FINAL PLAT OF GENERAL QUARTERS, IOWA CITY, IOWA. WHEREAS, the owner, Mike Roberts Construction, filed with the City Clerk the final plat of General Quarters, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Commencing at the Northwest Corner of the Southwest Quarter of the Southeast Quarter of Section 23, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence SOoo37'20"E, along the West Line of said Southwest Quarter of the Southwest Quarter, 100.01 feet, to the Southwest Corner of Auditor's Parcel #98031, in accordance with the Plat thereof Recorded in Book 2659, at Page 274 of the Records of the Johnson County Recorder's Office, and the Point of Beginning; Thence N88034'07"E, along the South Line of said Auditor's Parcel #98031, a distance of 1028.47 feet; Thence Southeasterly, 85.80 feet, along said South Line on a 100.00 foot radius curve, concave Southwesterly, whose 83.19 foot chord bears S66051'04"E; Thence S42016'14"E, along said South Line, 136.62 feet, to the Northwest Corner of Parcel 2A, in accordance with the Plat thereof Recorded in Book 2968, at Page: 295, of the Records of the Johnson County Recorder's Office; Thence SOoo43'02"E, along the West Line of said Parcel2A, a distance of 651.77 feet; Thence Southwesterly, 97.44 feet, along said West Line on a 375.00 foot radius curve, concave Northwesterly, whose 97.17 foot chord bears S06043'36'W, to the Southwest Corner thereof, and a Point on the North Line of the South 10 acres of said Southwest Quarter of the Southeast Quarter; Thence S88032'10"W, along said North Line, 1184.20 feet, to its intersection with the West Line of said Southwest Quarter of the Southeast Quarter; Thence NOoo36'54"W, along said West Line, 886.63 feet, to the Point of Beginning. Said Tract of land contains 24.12 acres, more or less, and is subject to easements end restrictions of record. WHEREAS, the Depart.ment of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2004) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, lOW A, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. Resolution No. ...llik288 Page 2 2. The City accepts the dedication of the streets, easements and public open space as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 19th day of October , 20j2L. g~_#LJ. tfdL-~ ~ MAYOR Approved by ATTEST: "JJ?~~,I! ~ '-~~ / elf ~ tP<f- CITY'eLERK City Attorney's ffice It was moved by Vanderhoef and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn ppdadmin\res\cityplat.doc /,6 IY STAFF REPORT To: Planning & Zoning Commission Prepared by: John Yapp Item: SUB04-000012 General Quarters Date: October 7,2004 Final Plat GENERAL INFORMATION: Applicant: Mike Roberts Construction 15 Tarton Drive North Liberty, IA 52317 665-5601 Applicant's Engineer: MMS Consultants 1917 S. Gilbert Street Iowa City, IA 52240 351-8282 Applicant's Attorney: Phil Left 122 S. Linn Street Iowa City, IA 52240 338-7551 Requested Action: Final Plat Purpose: To establish a 29-lot single family subdivision Location: South Sycamore Street, east of Southpoint Subdivision Size: Approximately 24.12 acres Existing Land Use and Zoning: RS-5; Low Density Single-Family Residential Zoning is being processed Surrounding Land Use and Zoning: North: Residential, RS-5 South: Agricultural, IDRS East: Agricultural, RS-8 West: Residential, RS-8 Comprehensive Plan: The South District Plan indicates detached single-family development File Date: September 16, 2004 45 Day Limitation Period: October 31, 2004 60 Day Limitation Period: November 15, 2004 2 BACKGROUND INFORMATION: The applicant, Mike Roberts Construction, is requesting a final plat of General Quarters, an approximate 24.12 acre, 29-lot single family subdivision on the east side of South Sycamore Street, south of Stanwyck Drive and Gable Street. This property was rezoned to RS-5, Low Density Single-Family Residential and a preliminary plat was approved this spring. ANALYSIS: Conformance with preliminary plat: The subdivision consists of 29 lots located off of Gable Street, a local residential street extended from the south. The majority of the remainder of the property is in an outlot for future development. According to the conditions associated with the rezoning request for this property, additional development beyond the initial 29 lots on this property would not be permitted until the reconstruction of Sycamore Street is funded, and a connection to Sycamore Street can be made. The design of the final plat is consistent with the preliminary plat. Outlot A, an open space outlot adjacent to the Sycamore Greenway and Trail, will be dedicated to the City and will become part of the greenway. The outlot includes a trail connection from the Sherman Drive sidewalk to the Sycamore Trail. A pedestrian easement is also depicted at the west end of Sherman Drive - this will allow for a sidewalk connection to be made to a future Sycamore Street sidewalk once Sycamore Street is reconstructed. The developer is also required to construct the extension of Gable Street across the Sycamore Greenway, which is public property. Curb ramps and trail stop signs will be provided for the Sycamore Trail crossing of Gable Street. As part of the rezoning analysis, staff has recommended the subdivider pay $78.75 per linear foot of Sycamore Street frontage toward the reconstruction of Sycamore Street. This amounts to $2,894.68 per acre. These amounts were developed according to a formula developed by the Johnson County Council of Governments. The legal papers include provisions for these funds to be deposited with the City. The reconstruction of Sycamore Street is currently unfunded. One lot, Lot 10, is less than the standard 8,000 square foot minimum lot size for a single family lot. Lots are permitted to be as small as 7,200 square feet under the 'averaging' provisions of the RS-5 zone (subsection 14-6D-2G(1)). While this lot is less than 8,000 square feet, the averaging provisions are met, therefore this lot may be permitted. Storm Water Management fee: As noted above, the Sycamore Greenway was constructed to provide a regional storm water collection system for this area. In lieu of being required to construct individual storm water detention basins project by project, property owners and developers are required to pay a per-acre fee toward the Sycamore Greenway system as properties are developed. A portion of the cost of constructing the Sycamore Greenway is thereby recouped from the properties that drain into it. The fee is $2,775.68 per acre. Other development fees: Other development fees, including the sanitary sewer tap-on fee ($1,796.50 per acre) and water main extension fee ($395 per acre) are referenced in the legal papers. \\citynt~yapp$\subdivisions\General Quarters final.DOC 3 Open Space: Based on this 24. 12-acre subdivision, 0.57 acres of open space are required to be dedicated. The applicant has proposed 0.2 acres of open space adjacent to the Sycamore Greenway with the first phase. It is anticipated another approximate O.2-acre parcel will be dedicated with the second phase - fees in lieu of land may need to be paid for the balance of open space not dedicated. Acceptance of this open space has been approved by the Parks and Recreation Commission. STAFF RECOMMENDATION: Staff recommends that SUB04-000012, an approximate 24.12 acre, 29-lot preliminary plat located east of South Sycamore Street be approved, subject to approval of legal papers and construction plans prior to City Council consideration. ATTACHMENTS: 1. Location map 2. Preliminary plat Approved by: ~. Robert Miklo, Senior Planner, Department of Planning and Community Development \\citynt~yapp$\subdivisions\General Quarters final.DOC CITJT OF IOftl1 CITJT ~ I '.I ~ ' , 'm'mc"d"'~ II 1 ~ ~ Pork -nlr~d- I !;; r Gran / Wood P ./ / I~ School "- ~ =< J- (j 11tn' p r-_i :;; :H I I w 0 ~\ ~ -z- , I \ r:\"''" , LAKES DE DR VE We/herb y I 0 I II I II Pork 0' r-- 4~ m \- S // II--- , ~ OIHHIr-- 'I--- I---- r--- I---- I---- '3 '3 r--- I---- r--O' " w , I-- I---- / I---rn 0 '" w V), STANWYCK DR I---- 1---4 0' ID-RS /! 11IIII Ie- II--- ~ , ------ "- A --- = '/"/ '///0'/: "/::-;/X0~0~ /1111"" /IIII'\,- ::-~// /'::-/;~/:;;C:/:/~:///~ ~;;;0/;;;0;j~~1~ ,L- // . . ;;//0/.////""';//W/'//c:/: /: m I. 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Ii 5." .:; s .1 · q~ d " " " " " " " ,,,)> _ ~. , II Ii II!i :~~ ~II _I' : ~ ! !iillll!!I!;lmIll5 i~: '. ". d i ~1;; I . ; ! '11"W!h '!Ulll Z !II ;J~: "~I i : ~ III jli 'il fJdU S ~ .1 /i- "';; . ~. .., i - j'li f'l II ! . '< 0 !:"" ;' III -I I .1'1 IJ} i' i' i" al! illll i' I ,I a ~ . . .. .J !!i · I . 'I i hi h ~~. I ~ I . · · . · 9 -'"". I MMS C I ~!~! }}6' I i I Final Plat M ONSULTANTS, NC. ~ ~ f ' ~"f! ~ . . ~~'m. r2enera nuarters M -Clly,- (3)>)35H1282 - 0'1 t g J <;' (;') ~ 7':~ ':;f ~ <> CIVIL (NClNE(RS <:> L......o SURVEYORS <> ~ .., 1- - 0 ~ ~ ijj low. c,'ty low. III <> L.....DSCAPE AROiITECTS <> LNlO PLANNERS <> . ~ , () WETLAND SPECIAlISTS <> Q\WOO\UJfOIf\JlJllC1'tf.tI"C .m/2004 UI'lt:2IIA..CCT I 106~04 I Prepared by: Tokey Boswell, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 (SUB04-00029) RESOLUTION NO. 04-289 RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF MYRTLE RIDGE, IOWA CITY, IOWA. WHEREAS, the owner, Mark Holtkamp, filed with the City Clerk the preliminary and final plat of Myrtle Ridge, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: A Parcel which is a portion of Lot 1 of the Subdivision of Government Lot 3 in Section 16, Township 79 North, Range 6 West of the 5th Principal Meridian, and which parcel is historically described as follows: The west 159 Y. feet of Lot 1 in the subdivision of part of Lot 3, in Section 16, Township 79 North, Range 6 West of the 5th P.M. according to the plat thereof recorded in Book 36, Page 234, Deed Records of Johnson, Iowa, excepting therefrom the south 120 thereof, subject to easements, agreements and restrictions of record. And which parcel is more particularly described as follows: Beginning at a 5/8 inch iron pin with yellow MMS LS 7036 cap found at a point on the west line of Lot 1 of the subdivision of a portion of Government Lot 3 in Section 16, Township 79 North, Range 6 West of the 5th Principal Meridian, which line is also the easterly right of way line of Olive Street, at its intersection with the southerly right of way line of Myrtle Avenue in the City of Iowa City, Iowa; thence N89*51'30"E, along said southerly right of way line of Myrtle Avenue, 159.71 feet, to a 5/8 inch iron pin with yellow MMS LS 7036 cap found; thence SOO*12'11"W, 145.57 feet, to a 5/8 inch iron pin with yellow MMS LS 7036 cap found; thence S89*50'59"W, 159.20 feet, to a 5/8 inch iron pin with yellow MMS LS 7036 cap found, on said easterly right of way line on Olive Street; Thence NOO*OO'OO"E, along said east line 145.59 feet, to the Point of Beginning. Said parcel of land contains 23,208 square feet more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed preliminary and final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary and final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said preliminary and final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2003) and all other state and local requirements. Resolution No. 04-289 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said preliminary and final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication easements as provided by law and specifically sets aside portions of the dedicated land, namely public walkways, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the preliminary and final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 19th day of October , 20....QL. ¿:Z~-/M /J~ - MAYOR Approved by ATTEST: ~.d~ ~ %A-J CITY ERK It was moved by Chamoion and seconded by o I Donne 11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: J( Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef J( Wilburn ppdadmin\res\myrtle.doc 0C/ STAFF REPORT To: Planning & Zoning Commission Prepared by: Tokey Boswell, Planning Intern Item: SUB04-00029, Myrtle Ridge Date: October 13, 2004 GENERAL INFORMATION: Applicant: Mark Holtkamp PO Box 3284 Iowa City, IA 52244 319-594-1062 Contact Person: same as above Requested Action: Approval of preliminary and final plat for a three-lot subdivision of property located at 211 Myrtle Avenue. Purpose: To subdivide a single parcel into three lots to allow the construction of two duplexes. Location: 211 Myrtle Avenue Size: 23,360 square feet (.54 acres) Existing Land Use and Zoning: Single-family residence, RS-8 (Medium density single-family residential) Surrounding Land Use and Zoning: North: University of Iowa, Public, P South: Residential, RS-8 East: Residential, RS-8 West: Residential, RS-8 Comprehensive Plan: The Comprehensive Plan places this property in the Southwest Planning District. The District Plan indicates that the area is appropriate for single- family and duplex residential units. File Date: September 8, 2004 45 Day Limitation Period: October 23, 2004 BACKGROUND INFORMATION: This property is located at the intersection of Olive Street and Myrtle Avenue, which slopes down to Riverside Drive and the Iowa River. There is an existing house on the northwestern quarter of the lot. The applicant wishes to create three lots out of this parcel, one for the existing single- family home (5,692 square feet), and two others for new duplexes (8,762 and 8,754 square feet, respectively). In order to provide access to the two new structures, the applicant has proposed a shared driveway for all three lots off Olive Street. The applicant has also submitted an application 2 for a special exception to allow the shared driveway and common parking areas. The special exception will be reviewed by the Board of Adjustment on October 13. ANALYSIS: This property is located in the Southwest Planning District. The Southwest District Plan land use map labels this property and all adjoining parcels as "Single-Family/Duplex Residential". Staff finds that the proposed subdivision would facilitate several of the district plan's goals for this neighborhood. The addition of two duplexes of different design will give the neighborhood a greater diversity of housing options than it has currently. The existing home at 211 Myrtle is an architectural anchor for the neighborhood, and retaining it will provide historic value to the subdivision. Staff feels that the proposed subdivision conforms to the goals of Comprehensive Plan of the City. Staff finds that the proposed lots conform to the dimensional requirements for single-family homes and duplexes in the RS-8 zone. Proposed lot areas exceed the minimum requirements. The plans submitted with the special exception application show that the proposed buildings meet or exceed the minimum requirements of the RS-B zone. With the exception of a sidewalk on Olive Street, which is discussed below, staff finds that adequate infrastructure exists to serve this proposed subdivision, and that no public services need to be extended. Rather than each lot having a separate driveway, the applicant is proposing a common access easement and driveway that will provide access to Olive Street. It may also be necessary for some of the parking spaces to be in a share common parking area. Because of the grade of Myrtle Avenue Staff believes that the shared driveway is good alternative to having a driveway for Lot 2 onto Myrtle Avenue. Accordingly, a note should appear on the plat indicating that Lot 2 will have no direct vehicular access to Myrtle Avenue. The details of the shared parking and driveway will be reviewed by the Board of Adjustment and approval of the plat should be subject to Board approval of the special exception. There is currently a sidewalk on Myrtle Avenue but there are no sidewalks on Olive Street. Sidewalks are required as part of the subdivision improvements. However in this area the grade of the right-of-way would require an extensive retaining wall to provide sufficient room for a sidewalk and a mature tree would need to be removed to provide room for a walk. Section 14- 7A-7 allows the City Council upon recommendation of the Planning and Zoning Commission to waive certain requirements of the subdivision regulations. In most locations staff would not recommend waiving the requirement for sidewalks on a public street, but on Olive Street there is a very low likelihood that sidewalks will be installed on the other properties on this street within the next several years. There are only four other houses on the eastside of the street and seven on the west. Because Olive Street is a dead end, it has a relatively low traffic count for both pedestrians and motorists. Although it is never ideal for a residential street to not have sidewalks, the combination of factors in this case including low traffic volume, low population and difficult grade, would seem to warrant the waiver of the requirement to install a pubic sidewalk on Olive Street if an alternative means of pedestrian access to the new development is provided. In lieu of the public sidewalk on Olive, Staff recommends that a pedestrian access easement and sidewalk be provided from Lot 3 across Lot 2 to the public sidewalk on Myrtle Avenue. A stairway will likely be necessary to provide access from Myrtle Avenue to the proposed duplex. An access easement and common stairway will provide the occupants of the new development with pedestrian access to the public sidewalk on Myrtle Avenue without requiring extensive grading work and retaining walls on Olive Street. There currently is a garage for the existing house on the proposed Lot 3. It must be removed prior to issuance of a building permit for any of the lots in this subdivision, as it is impermissible 3 to have an accessory use prior to a permitted use. This subdivision will be subject to fees in lieu of neighborhood open space and the water main extension fee. The open space requirement for .54 acres in the RS-8 zone is 884 square feet. The fee will be for the fair market value of that quantity of land in this location. At $395 per acre, the water main extension fee is $211.72. All fees will need to be addressed in the legal papers for the final plat. STAFF RECOMMENDATION: Staff recommends that this application be deferred pending resolution of deficiencies. Upon resolution of these items staff recommends that SUB04-00029, a preliminary and final plat of Myrtle Ridge, a 0.54 acre, three-lot subdivision for property located at 211 Myrtle Avenue, be approved, subject to approval of a special exception to allow a shared driveway and parking areas by the Iowa City Board of Adjustment and approval of legal papers by the City Attorney Office prior to City Council consideration of the final plat. This recommendation includes a waiver of the installation of a public sidewalk on Olive Street provided that an alternative pedestrian access route be provided across Lot 2 from Lot 3 to Myrtle Avenue. DEFICIENCIES: 1. A note on the plat should indicate that Lot 2 will not have direct vehicular access to Myrtle Avenue. 2. In lieu of a public sidewalk on Olive Street a pedestrian access easement and sidewalk across Lot 2 should connect lot 3 to Myrtle Avenue. ATTACHMENTS: 1. Location Map 2. 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II) \D IIJ Q)s 'a 0 0..... ~.!:: "p,'~ :? 0 "'u" 01::" """ "~_"""'" o~ 0 ;: ~ ~ B 0" "M 0 ~ .50 ~ ~." 0 ~ 0.5 ~ i=i z ~c Q~8 3:z" 1!:i ~ iili &5,S",.{i._" p. Ci ",R] ~"''''''' ~ !~~? m Prepared by: Ron Gaines, Public Works, 410 E. Washington St., Iowa City, IA 52240319-356-5145 RESOLUTION NO. 04-290 RESOLUTION DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE SOUTH SYCAMORE SANITARY TRUNK SEWER EXTENSION PROJECT. WHEREAS, notice of public hearing on the City's intent to proceed with a public improvement project and to acquire property rights for the above-named project was given as required by law, and the hearing thereon held; and WHEREAS, the City of Iowa City desires to construct the South Sycamore Sanitary Trunk Sewer Extension Project ("Project") which includes the extension of approximately 500 linear feet of sanitary sewer; and WHEREAS, the City Council has determined that construction of the Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessary for the proposed project; and WHEREAS, the City staff has determined the location of the proposed Project; and WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall price to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, lOW A, THAT: 1. It is the City's intent to proceed with the South Sycamore Sanitary Trunk Sewer Extension Project. 2. The City Council finds that it is in the public interest to acquire property rights necessary for the construction of the South Sycamore Sanitary Trunk Sewer Extension Project ("Project"), which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. 3. The City Manager or designee, in consultation with the City Attorney's office, is authorized and directed to establish, on behalf of the City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for the established fair market value. 4. The City Manager, or designee, is hereby authorized and directed to negotiate the purchase of property rights for the construction, operation and maintenance of the Project. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and/or easements, and offers to purchase property and/or easements. Resolution No. 04-290 Page 2 5. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized, upon direction of the City Attorney, to execute and attest all documents necessary to effectuate the purchase of said property rights. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 6. In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Passed and approved this 19th day of October ,20~. dZ-/ h2 ::TJ.- -__ MAYOR ATTEST: ~./--'~Ji!. ~ /~/r ~fP't CITY LERK It was moved by Wil burn and seconded by Ba il ey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn pweng\res\so syc sanit.doc 9/99 , t'v\i} ~~ Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 04-291 RESOLUTION APPROVING PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE. CAMP CARDINAL ROAD SITE PREPARATION, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, this project will be bid by the City of Coralville; and WHEREAS, bids will be accepted on November 9, 2004 at 2:00 p.m. by the City of Coralville, Iowa; and WHEREAS, notice of public hearing on the plans, specifications, special provisions, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, special provisions, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be 10% (ten percent) of bid. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids by the City of Coralville for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Coralville, Iowa, until 2:00 p.m. on the 9th day of November, 2004, or at a later date and/or time as determined by the City of Coralville, with notice of said later date and/or time to be published as required by law. Thereafter the bids will be opened by the City of Coralville, and thereupon referred to the Council of the City of Iowa City, Iowa, for a recommendation of action upon bids at its next meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 16th day of November, 2004, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this 19th day of October ,20 04 ~tJ. ;;fd - AYOR ~bY ATTEST:~~ I{ . ~~./ '1. ~ II) ,/1-/)'/ CIT LERK City Attorney's Office Pweng/reslcarll) cardinal road prep.doc Resolution No. 04-291 Page 2 It was moved by o I Donne 11 and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef J( Wilburn rT1 Prepared by: Ron Knoche, City Engineer, 410 E. Washington 51., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. OLUTION APPROVING PLANS, SPECIFICATIO , SPECIAL ISIONS, FORM OF CONTRACT AND ESTIMATE OF OST FOR THE CON UCTION OF THE CAMP CARDINAL ROAD SIT PREPARATION, ESTABL HING AMOUNT OF BID SECURITY TO ACCO ANY EACH BID, DIRECTIN CITY CLERK TO PUBLISH ADVERTISEME FOR BIDS, AND FIXING TIM ND PLACE FOR RECEIPT OF BIDS. WHEREAS, this project . I be bid by the City of Coralville; and WHEREAS, bids will be acc ted on November 9, 2004 at :00 p.m. by the City of Coralville, Iowa; and WHEREAS, notice of public hean on the plans, s cifications, special provisions, form of contract and estimate of cost for the ove-named pr . ct was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. form of contract and estimate of cost for the 2. The amount of bid security to ccompany eac bid for the construction of the above- named project shall be 10% (t n percent) of bid. 3. The City Clerk is hereby a horized and directed to pu ish notice for the receipt of bids by the City of Coralville for. the construction of the abov -named project in a newspaper published at least once eekly and having a general circu tion in the city. 4. Bids for the above- med project are to be received by the ity of Coralville, Iowa, until t 2:00 p,m. on the 9 day of November, 2004, or at a later date nd/or time as determined by the City of C ralville, with notice of said later date and/or .me to be published as required by law hereafter the bids will be opened by the City of C ralville, and thereupon referred to the ouncil of the City of Iowa City, Iowa, for a recomme ation of action upon bids at its n t meeting, to be held at the Emma J. Harvat Hall, City II, Iowa City, Iowa, th and/or time as at 7:00 p. . on the 19 day of November, 2004, or at a later da determin by the Director of Public Works or designee, with notice 0 said later date and/or . e to be published as required by law, or if said meeting is cancel , at the next meeti of the City Council thereafter as posted by the City Clerk. day of ,20 MAYOR Approved by ATTEST: cll(~ ~ '91'-'/f~ CITY CLERK Ity ttorney's Ice Pwenglreslcal11' cardinal road prep.doc Mj~ CW \..J Prepared by Steven Nasby, Comm & Eco Dev Coordinator, 410 E. Washington St, Iowa City, IA 52240 (319) 356-5230 RESOLUTION NO. 04-292 RESOLUTON APPROVING THE FIRST AMENDED NEAR SOUTHSIDE RESIDENTIAL URBAN REVITALIZATION PLAN WHEREAS, in 1994, the City Council for the City of Iowa City, Iowa, adopted Resolution Number 94-358 approving the Near Southside Residential Urban Revitalization Plan (the "Plan") for the Near Southside Residential Urban Revitalization Area (the "Area"); and WHEREAS, the Plan is currently scheduled to expire in December 2004, and based on continued need and value since the adoption of the Plan, the City Council proposed to amend the Plan by extending its effective date by another ten years, to December 31, 2014; and WHEREAS, the City Council published notice and held the public hearing as scheduled, and provided all persons appearing and desiring to be heard the opportunity to be heard regarding the amended Plan; and WHEREAS, upon closure of the public hearing, the City Council has determined that it is in the public interest to approve the amended Plan, as provided by law. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council has published notice and held a public hearing on the First Amended Near Southside Residential Urban Revitalization Plan as required by Iowa Code Chapter 404.2 (2003). 2. The First Amended Near Southside Residential Urban Revitalization Plan, attached hereto and by reference incorporated herein, is hereby approved and adopted. Passed and approved this 19th day of October, 2004. .fifl../.u ;;k/ AYOR .1 ATTEST:~~/7'f)!(. ~-J C CLERK Resolution No. 04-292 Page 2 It was moved by Champion and seconded by Ba il ey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn Near Southside Residential Urban Revitalization Plan October 1994 First Amendment October 2004 'q, RESOLUTION NO, 94-358 RESOLUTION APPROVING THE NEAR SOUTHSIDE RESIDENTIAL URBAN REVITALIZATION PLAN, WHEREAS, the City Council for the City of Iowa City, Iowa, adopted Resolution No. 94-296 finding that the Near Southside Residential Urban Revitalization Area meets the criteria of Section 404.1 (4), Code of Iowa (1993), and that rehabilitation, conservation, redevelopment, economic development or a combination thereof of the area is necessary in the interest of the public health, safety or welfare of the residents of Iowa City; and WHEREAS, pursuant to Iowa Code ~404.2 (1993), staff prepared a Near Southside Residential Urban Revitalization Plan, a copy of which is attached hereto as Exhibit A; and WHEREAS, the Council scheduled a public hearing on the Plan for 7:30 PM, October 25, 1994, in the .City Council Chambers, Civic Center, 410 E. Washington St., Iowa City, Iowa; and WHEREAS, public notice of this hearing was published in the Press-Citizen and notification of this hearing was mailed by ordinary mail to the last known address of all owners of record of property, and to the "occupants" of all city addresses, located within the proposed Near Southside Residential Urban Revitalization Area at least 30 days prior to the hearing date; and WHEREAS, Council held the public hearing at the time and place scheduled and provided all persons appearing and desiring to be heard regarding the Plan the opportunity to be heard; and WHEREAS, the required thirty (30) day period for property owners to request a second public hearing has now expired, with no such hearing request being made; and WHEREAS, it is in the public interest to adopt the revitalization plan, as provided by law.' NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 . The City Council has held public hearings on the Near Souths ide Residential Urban Revitalization Plan as required by Iowa Code ~404.2 (1993). 2. The Near Southside Residential Urban Revitalization Plan, attached hereto as Exhibit A, be and the same hereby is approved. Passed and approved this 11..h day of December , 1994. Ai, ~&lJ I'h ~~- MA YOR '-- APproved~ . . ATTEST: ~.=:J! ~ ~ W~ CITY CLERK Ity Attorney's Office /-( _~ _?~ 9codev\nsscurp3.res . Resolution No. 94-358 Page 2 It was moved by Kubbv and seconded by 'T'hTnQ'mnr~nn the Resolution be adopted, and upon rol~ call there were: . AYES: NAYS: ABSENT: x Baker X Horowitz X Kubby X Lehman y Novick x Pigott X Throgmorton . , - TABLE OF CONTENTS NEAR SOUTHSIDE RESIDENTIAL URBAN REVITALIZATION PLAN Section 1 - Selection Criteria for Near Southside Residential Urban Revitalization Area - Code of Iowa Criteria - City of Iowa City Policy Criteria - Residential Urban Revitalization Plan Objectives Section 2 - The Residential Plan Components - Description of Residential Urban Revitalization Area - Existing Assessed Valuations of Real Estate and Owners of Record of Real Estate - Land Use - Proposals for Improving or Expanding City Services - Applicability of Plan - Qualifications for Eligibility - Tax Exemption Schedules - Relocation Provisions Section 3 - Federal, State, or Private Grant or Loan Programs Available for Improvements Section 4 - Prior Approval of Eligibility and Application for Tax Exemption Section 5 - Amendments to Plan Section 6 - Repeal of Ordinance Addendum R 1 - Near Southside Residential Urban Revitalization Area Map Addendum R2 - Near Southside Neighborhood Redevelopment Plan - Redevelopment Sites Map Addendum R3 - Existing Assessed Valuation of Real Estate and Owners of Record of Real Estate Addendum R4 - Near Southside Residential Urban Revitalization Area - Existing Zoning Map Addendum R5 - Near Southside Residential Urban Revitalization Area - Existing Land Use Map SECTION 1: SELECTION CRITERIA FOR THE NEAR SOUTHS IDE RESIDENTIAL URBAN REVITALIZATION AREA CODE OF IOWA CRITERIA Under the Urban Revitalization Act of the State of Iowa, the City is granted the authority to designate portions of the City which meet the specified criteria as revitalization areas. Accordingly on September 13, 1994, the City Council adopted a resolution finding that the proposed Near Southside Residential Urban Revitalization Area meets the criteria of Section 404.1 (4), Code of Iowa (1993), and that the rehabilitation, conservation, redevelopment, economic development or a combination thereof is necessary in the interests of the public health, safety and welfare of the residents of the City. Section 404.1 (4). Code of Iowa (hereafter "Code") specifically states that the City may designate an area of the City a revitalization area if that area is "an area which is appropriate as an economic development area as defined in section 403.17." Section 403.17, Code defines an economic development area as "an area of a municipality designated by the local governing body as appropriate for commercial and industrial enterprises or housing and residential development for low and moderate income families, including single or multifamily housing." Moreover, Chapter 404, Code further provides that the City Council may adopt an urban revitalization plan to carry out the goals of economic development, as provided by state law. CITY OF lOW A CITY POLICY CRITERIA In March of 1992, the Iowa City City Council adopted the Near Souths ide Neighborhood Redevelopment Plan ("NSS Plan") which outlines City policy regarding the redevelopment of the area generally south of Burlington Street, west of Gilbert Street, east of Madison Street, and north of the Iowa Interstate Railway main line. It is the Council's intent herein that development within the Near Southside Residential Urban Revitalization Area be consistent with the policies outlined in the NSS Plan, and also be consistent with the Plan herein described, (see Addendum R1 for a map of the Residential Urban Revitalization Area.) The NSS Plan states that "the area south of Court Street is designated as tbe appropriate place for a high density residential neighborhood." Based on a thorough review of property in the NSS Plan area, the NSS Plan designates a significant number of parcels within the 'residential area' as potential redevelopment sites within the next ten years, as set out in Addendum R2. Based on the Council's intent, the properties set out in Addendum R1 are hereby designated as appropriate high density residential uses for urban revitalization purposes, and are hereby declared to be included in the Near Southside Residential Urban Revitalization Area (hereafter "Residential Area"). and said properties are further declared to be within this Near Souths ide Residential Urban Revitalization Plan (hereafter "Residential Revitalization Plan"). The FY94-98 Comprehensive Housing Affordability Strategy (CHAS) outlines City policy regarding the provision of affordable housing. The first priority of the CHAS is to expand and maintain the affordable rental housing stock and expand rental assistance. The CHAS encourages local actions that expand the affordable rental housing stock, including the use of financial incentives. Near Southside Residential 1 Urban Revitalization Plan The NSS Plan identifies three historic structures in the Residential Area which are on or may be eligible for the National Register of Historic Places.: 530 S. Clinton St. Penningroth Apartments 604 S. Clinton St. Duplex - Roffman 624 S. Clinton St. Railroad Hotel (apartments) - Roffman The adopted Iowa City Historic Preservation Plan promotes the use of local economic incentives, including property tax exemption, to preserve or restore buildings such as these. The City Council finds property tax exemption an appropriate financing mechanism to encourage redevelopment of this Residential Area. RESIDENTIAL URBAN REVITALIZATION PLAN OBJECTIVES The primary objectives of this Residential Revitalization Plan are to encourage the provision of housing for low and moderate income households with the redevelopment of the Residential Area, and to encourage the reuse of historic and architecturally significant structures in the Residential Area. The Council finds the Residential Area to be a good location in which to provide low and moderate income housing opportunities because of its close proximity to downtown shops and offices, the University of Iowa Campus, the public transportation hub and intercity bus service, the Public Library, the Recreation Center and the Senior Center. To achieve these objectives, the City of Iowa City shall undertake the urban revitalization activities as specified in this Residential Revitalization Plan, pursuant to the powers granted to it under Chapter 404, Code of Iowa (1993). . Near Southside Residential 2 Urban Revitalization Plan SECTION 2: THE RESIDENTIAL URBAN REVITALIZATION PLAN COMPONENTS DESCRIPTION OF RESIDENTIAL URBAN REVITALIZATION AREA The legal description of the Near Southside Residential Urban Revitalization Area is: County Seat Addition, all of Block 1; Block 19, Lots 1-4, except for the west 91.70 feet of Lot 1; Block 8, Lots 5, 6, 7, and the west 60 feet of the south 53.5 feet of Lot 4; all of Block 9; all of Block 20 lying north and west of Ralston Creek; all of Block 12; and Block 11, Lots 1, 7, and 8, the west 100 feet of Lot 6, and the north 40 feet of Lot 2, as described in Addendum R 1 attached hereto and incorporated by reference herein. EXISTING ASSESSED VALUATION OF REAL ESTATE AND OWNERS OF RECORD OF REAL ESTATE Addendum R3, which is attached hereto and incorporated by reference herein, contains existing assessed valuations of all real estate in the Residential Area and contains a listing of the names and addresses of the owners of record of real estate within the Residential Area. LAND USE Existing Zoning The existing zoning of the Residential Area, as identified on the Iowa City Zoning Map, includes Planned High Density Multi-family Residential, PRM Zone and Central Business Service, CB-2 Zone {see attached Addendum R4}. The existing zoning is generally consistent with the proposed land uses as illustrated on the Iowa City Comprehensive Plan 1 989 Update Land Use Map. Existing Land Uses The existing land uses in the Residential Area include commercial uses (retail, office, and non- residential) and residential uses, see attached Addendum R5 for existing land uses. Proposed Land Uses , The proposed land uses in the Residential Area shall be consistent with the City Zoning Code and the Iowa City Comprehensive Plan 1989 Update. Near Southside Residential 3 Urban Revitalization Plan PROPOSALS. FOR IMPROVING OR EXPANDING CITY SERVICES The City Council has evaluated whether a need exists for improving or expanding city services within the Residential Area including, but not limited to, transportation facilities, sanitary sewer, solid waste collection, maintenance, park facilities, and police and fire protection. The City Council has concluded, through adoption of the NSS Plan, that streetscape improvements and other public spaces in the designated Residential Area would enhance the redevelopment of said Area. The City Council has also concluded that redevelopment of the Residential Area will generate the need for a City-owned parking facility, either within the Residential Area or in close proximity. APPLICABILITY OF THE PLAN land Uses The Residential Revitalization Plan applies to all qualified real estate assessed as residential property, and also includes property assessed as commercial property but only if the commercial property consists of three or more separate living quarters used for residential purposes. Both of these categories of qualified real estate must provide housing for low or moderate income households in order to qualify. If a development project within these categories contains less than one hundred (100) percent qualified real estate, only that portion meeting the low/moderate income household guidelines shall be eligible for property tax exemption under the Plan. "Low or moderate income households" mean those households, including single person households, earning no more than 80% of the higher of the median household income of the county as determined by the latest United States Department of Housing and Urban Development, Section 8 income guidelines. The provision of housing for low or moderate income households shall be ensured by the use of deed restrictions requiring continuation of units as affordable to low or moderate income households for a minimum of fifteen (15) years, or the term of afford ability conforming with the requirements of any federal program used for a project in the Residential Area, whichever is longer. Only the residential portion of a structure assessed as commercial property shall qualify for property tax exemption. However, any reuse of a historic structure which has been assessed as residential or commercial property shall be considered qualified real estate. Types of Construction Eligible Eligible construction includes rehabilitation and additions to existing property determined to be historic and/or architecturally significant by the Iowa City Historic Preservation Commis- sion, and also includes new construction for all residential property defined as qualified real estate. However, rehabilitation of and additions to historic and/or architecturally significant structures are eligible only if said rehabilitation and additions began after adoption of this Residential Revitalization Plan and the corresponding Ordinance. "New construction" means buildings constructed after the date of adoption of this Residential Revitalization Plan and any subsequent additions to those buildings. New construction that replaces existing structures which are identified herein as "historip and/or architecturally significant" is not eligible for property tax exemption. All rehabilitation to historic or architecturally significant structures shall be done in such a manner as to preserve or restore any historic structure to productive use in order to be eligible. The guidelines for determining if rehabilitation does preserve or restore the structure shall be those set forth in the 1990 revised edition of the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. All additions to historically or architecturally significant structures shall be developed in such a manner as to be architecturally compatible with existing development. Plans and specifications for proposed Near Southside Residential 4 Urban Revitalization Plan exterior renovation must be submitted to the Iowa City Historic Preservation Commission for review and approval prior to issuance of a building permit in order for the improvements to qualify for property tax exemption. For those properties located in the PRM Zone area, all rehabilitation, additions and new construction must meet the applicable design criteria outlined in the PRM Zone of the City Zoning Ordinance. These design criteria are administered by the Director of Planning and Community Development. In addition, plans and specifications for the exteriors of all new construction must be submitted to the Iowa City Design Review Committee for review and recommendation. The Design Review Committee recommendation will be submitted to the Iowa City City Council for review and approval. The City Council must approve the exterior design prior to issuance of a building permit in order for the improvements to qualify for property tax exemption under this Plan. Time Frame The Residential Area shall remain a designated revitalization area until December 31,2014 Revenue Bonds The City has no plans to issue revenue bonds for revitalization projects within the Residential Area. QUALlFICA TIONS FOR ELIGIBILITY Qualified property improvements include rehabilitation and additions to existing historic and architecturally significant structures, together with new construction for all other property defined above as qualified real estate, see "Applicability of the Plan, land Uses and Types of Construction eligible." Qualified property improvements do not include new construction that replaces structures identified in this Residential Revitalization Plan as historic and/or architecturally significantly, In order to be considered eligible, all improvements must be completed in conformance with all applicable regulations of the City of Iowa City, and must increase the actual value of the property as of the first year for which an exemption is received by at least fifteen (15) percent in the case of real property assessed as commercial property, or at least ten (10) percent in the case of real property assessed as residential property. Actual value added by improve- ments as used herein means the actual value added a's of the first year for which the exemption was received. TAX EXEMPTION SCHEDULE Tax exemption on qualifying improvements shall follow one of four schedules as set out by state law. Eligible property owners shaH elect one of the four schedules. Once the election has been made and the exemption granted, the owner is not permitted to change the method of exemption. Exemption schedules are as follows: Near Souths ide Residential 5 Urban Revitalization Plan 1 . All qualified real estate assessed as residential property is eligible to receive an exemption from taxation based on the actual value added by the improvements. The exemption is for a period of ten years. The amount of the exemption is equal to a percent of the actual valued added by improvements, determined as follows: one hundred fifteen percent (115%) of the value added by the improvements. However, the amount of the actual value added by the improvements which shall be used to compute the exemption shall not exceed twenty thousand dollars ($20,000), and the granting of the exemption shall not result in the actual value of the qualified real estate being reduced below the actual value on which the homestead credit is computed under Section 425.1, Code of Iowa (1993). 2. All qualified real estate is eligible to receive a partial exemption from taxation on the actual value added by the improvements. The exemption is for a period of ten (10) years. The amount of the partial exemption is equal to a percent of the actual value added by the improvements, determined as follows: a. For the first year, eighty percent (80%). b. For the second year, seventy percent (70%). c. For the third year, sixty percent (60%). d. For the fourth year, fifty percent (50%). e. For the fifth year, forty percent (40%). f. For the sixth year, forty percent (40%). g. For the seventh year, thirty percent (30%). h. For the eight year, thirty percent (30%). i. For the ninth year, twenty percent (20%). j. For the tenth year, twenty percent (20%). 3. All qualified real estate is eligibie to receive a one hundred percent (1 00%) exemption from taxation on the actual value added by the improvements. The exemption is for a period of three (3) years. . 4. All qualified real estate assessed as residential property or assessed as commercial property is eligible to receive a one hundred percent (100%) exemption from taxation on the actual value added by the improvements, but only if the commercial property consists of three (3) or more separate living quarters with at least seventy-five percent (75%) of the space used for residential purposes. The exemption is for a period of ten (10) years. RELOCATION PROVISIONS . The City has considered provisions for the relocation of persons, including families, business concerns and others, who could be displaced as a result of improvements to be made in the designated Residential Area. Upon such consideration, the following shall be provided under the Residential Revitalization Plan: Benefits Upon application for and the City's verification of a property owner's eligibility for tax exemption, qualified tenants in the designated Residential Area shall be compensated by the Near Southside Residential 6 Urban Revitalization Plan property owner for one month's rent and for actual reasonable moving and related expenses, where said displacement was due to action on the part of a property owner to qualify for said tax exemption. Eligibility "Qualified tenant" shall mean the legal displaced occupant of a residential dwelling unit which is located within the designated Residential Area whereh the person or family has occupied the same dwelling unit continuously for twelve (12) months prior to the City's adoption of this Residential Revitalization Plan. There are no relocation provisions made for displacement from commercial units. Actual Reasonable Moving and Related Expenses A qualified tenant of a dwelling is entitled to actual reasonable expenses for: a. Transportation of the displaced person and personal property from the displacement site to the replacement site. Transportation costs for a distance beyond twenty-five miles are not eligible. b. Packing, crating, unpacking and uncrating of personal property. c. Disconnecting, dismantling, removing, reassembling and reinstalling relocated household appliances and other personal property. d. Discontinuing, transferring or reconnecting utility services, including cable television. Least Costly Approach The amount of compensation for an eligible expense shall not exceed the least costly method of accomplishing the objective of the compensation without causing undue hardship to the displaced tenant and/or landlord. , Near Southside Residential 7 Urban Revitalization Plan SECTION 3: FEDERAL, STATE OR PRIVATE GRANT OR LOAN PROGRAMS A V AILABLE FOR IMPROVEMENTS Community Development Block Grants (CDBG) CDBG monies are federal funds which are appropriated to the City of Iowa City on an annual basis. Use of the CDBG monies must benefit low or moderate income persons. Federal Tax Credit for Historic Structures The federal government provides a federal tax credit for rehabilitation of properties listed on the National Register of Historic Places. HOME Program HOME funds are appropriated by Congress to the Department of Housing and Urban Development (HUD) for housing activities. In IoWa City, these HOME funds are allocated through and administered by the Iowa Department of Economic Development. As with CDBG, HOME funds are designed to provide housing assistance to low and moderate income persons. Iowa Finance Authority Low Income Housing Tax Credits and Housing Assistance Fund Program Flexible financial programs that are intended to increase the supply and development of affordable housing for low and moderate income Iowans by providing low-interest loans or grants to eligible projects are available, together with federal tax credits as an incentive to investors in affordable housing projects. Federal Home Loan Bank (FHLB) Affordable Housing Programs A program to assist FHLB members in meeting the rising demand for decent, affordable rental or owner-occupied housing for very low, low and moderate income households is available to provide direct grants to the lenders to write down the interest rate on mortgages for affordable housing projects. , . Near Southside Residential 8 Urban Revitalization Plan SECTION 4: PRIOR APPROVAL OF ELIGIBILITY AND APPLICATION FOR TAX EXEMPTION A person may submit a proposal for an improvement project to the City to receive prior approval for eligibility for a tax exemption on the project, pursuant to Section 404.4, Code of Iowa (1993). An application shall be filed for each new exemption claimed and approved by the City Council pursuant to Section 404.4, Code. The City Assessor shall physically review each first-year application pursuant to Section 404.5, Code. SECTION 5: AMENDMENTS TO RESIDENTIAL REVIT AUZA TION PLAN Once the City has adopted the Residential Revitalization Plan herein, the City may amend said plan, but only after a public hearing before the City Council. Notice of said .hearing on proposed amendments shall be published as required in Section 362.3, Code of Iowa (1993), provided that at least seven (7) days' notice is given, and that said public hearing is held no earlier than the next regularly scheduled City Council meeting following the published notice, SECTION 6: REPEAL OF ORDINANCE When in the opinion of the City Council the desired level of revitalization has been attained or economic conditions are such that the continuation of the exemption granted by this' Residential Revitalization Plan would cease to be of benefitto the City, the City Council may repeal the ordinance establishing the Residential Area. In that event, all existing exemptions shall continue until their expiration. Approved by ~~~ ity Attorney's Office ~ 0 /11 /~ f'Y ecodev\ressurp.nss , Near Southside Residential 9 Urban Revitalization Plan NEAR SOUTHSIDE Addendum Rl RESIDENTIAL REVITALIZAT.lON AREA MAP I I I I I I I I I I I I I I I I I I I I . BURLINGTON ~ - ~ ( 3 I I I 2 I 3 ~ COURT - - - 3 Cou-f 2 I I - House FetNral - Building - ;,," HARRISON ~~ ~~ ","'~ 5 " ~ 6 7 ~ 8 g ~~ ~-~ ~ J..;. ~ ~ <: - it ~ - :e....J Q o:{. ~ I....J ~-<:5 ~ (,) d I i- I I ' - PRENTISS - II - .. I t 21 .. ~ " , I .~ ~~ r ~ ~, , ~ ~J ~ Ii: ~ ~ -. - /: ,'0 ~ ::-. I ~ ~ Ii I I 5 I · I ~ 22/J/ ::s ~ l'\ ~ / -L --.-; · ~ __ I ~ ! ~ ~~j - ! ~ ~ LAFAYETTE t' I ~ ~ EJ ~~ r-II ~ 25 27 28 ~ t'729 i IN! / \ I Map depicts existinq parcels within urban revitalization area. _I - - , , . NEAR SOUTH SIDE AddendumR2 REDEVELOPMENT SITES' - - - - 0 400 LEGEND 11IIIII 5 YEARS ~ VACATED STREETS _ 5-10 YEARS W BLOCK NUMBERS ADDENDUM R3 NEAR SOUTHSIDE RESIDENTIAL URBAN REVITALIZATION AREA ASSESSED VALUATION OF REAL ESTATE AND OWNERS OF RECORD OF REAL ESTATE September 1994 Land Building & Assessed Improvement Parcel # Property Address Value1 Assessed Value1 Total' Owner of Record & Address BLOCK 19, COUNTY SEAT ADDITION (BOUNDED BY COURT, MAIDEN LANE, HARRISON & LINN) 62881006 319 E. Court $214,960 $2,396,310 $2,611,270 Blackhawk Partners 1218 Highland Ct. Iowa City, fA 52240 62884005 412-416 S. Linn St. 108,590 558,190 666,780 Hwan Jo & Kong Jah Chung 1824 Graslon Dr. Iowa City, IA 52246 BLOCK 19 TOTALS $323,550 $2,954,500 $3,278,050 The values and ownership of the properties reported in the First Amended Plan were not updated upon passage of the First Amendment and reflect the 1993 assessed valuations and ownership, which were accurate at the time the original Plan was adopted in 1994, 'Land & building assessed values are tile 1993 Assessment as provided by the City Assessor's Office, "'-i U1 0) CJ1 0) en 15 CD CJ1 CJ1 0) CJ1 fiJ <: , .I>- .I>- 0 (,oJ U'1 00 A 0 0 m '" <.0 0 .... 0 I\) CO en '" 0 C! <.0 0 0 .... .l>- I\) "0 fiJ - ("') .... 0 .... (J'I (J'I m 0 Q) 0. a; ^ 0 0 0 0 0 0 8 0 a <: en 0 0 0 0 0 0 0 81.", .... .... .... .... 0 0 0 0 0 !!. I\) 535- -I "*' g- 0 ~ ::> ::;: en ::> )> '" g; fj; ::> en 0) m 0) m 0) 0) 0) 0) o.::r N W 0 0 .... .... .... I\) CD ~ -6' 0 0 0 (JI .... 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' .. ,~ , ~ \ ~ % " ~\ . .. _ ~ s ~" - ~ ~ "' ~. \ LO m 5 Addendum R3 (co nt' d) Near Southside Residential Urban Revitalization Area Land Building & Assessed Improvement Parcel # Property Address Value' Assessed Value1 Total' Owner of Record & Address BLOCK 1, COUNTY SEAT ADDITION (BOUNDED BY COURT, LINN, HARRISON, DUBUQUE) 65057000 228 E. Court St.2 $288,000 $380,560 $668,560 Sf. Patrick's Church (tax exempt) (tax exempt) (tax exempt) 228 E. Court 51. Iowa City, IA 52240 57603001 400 S. Dubuque $110,450 $1,116,540 $1,226,990 Jackson S~are Assoc. 414 E. Ma et 5t. Iowa City, IA 52245 54660000 414 S_ Dubuque 51,900 348,820 400,720 James & Loretta Clark 414 E. Market 51. Iowa City, IA 52245 59593000 408 S. Dubuque 14,850 83,770 98,620 Richard & Goldene Haendel 402 Mclean SI. Iowa City, IA 52246 60416000 422 S. Dubuque 59,950 231,420 291,370 Penningrolh Apartments P.O. Box 5292 Coralville, IA 52241 60412000 432 S. Dubuque 41,250 249,580 290,830 Penningroth Apartments P.O. 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',' .'. ...,.... ; ~ ~ . ~ ~~~/;/ ,~m "" ~ ~ .~ == ~ ~ ~ 1111 DID ~ _ ~ ~::t: .:::::::::::...... ::::: :::::::::::. DID t- I :............:.:.:I:!i.i....'......: ::::;:;:;:::::;::::::::::':;:;:;:;::: Z ............ ;:~: .,... ...... .'. .~ ,::::::.:.:::::::::.::::.:.:.::::::: . ..... W ~ lOl/dtt:J Q ~,'l. - ~ fI) r<> r<> P, <0 on I W DID ~ N " ~ ~ ~ N0510ttW ~~~ . , . UL Near DOGE Southside ...._ Neighborhood 111= Redevelopment Plan January 1992 ~,&.. CITY OF 10 WA CITY ~~@~~ C\:J '"'SON>'J::"C !:IJ::J::b.O,",ooJ::"C ~""0 ~ 0 U...."Co- o 00'"' Q)..!o: 0..... ~~O ~ ' >. Q) oo'~ CO 0000Q)p",",00Q) ~ .... CO.....J:: ,.c 00 J:: ..... '"' ,",.~O Q),.cP:: ~SQ O~O,.cO~1do rn Q) Q),.c 0.......... en P"Q ~ ~ '"'~ S ....:1~ .~ E'E'~C,)~CJ C ~.s::'"";) zrno~~ ~ >;p., :r:: J:: >. U S '&1 '&1 j:Q $..?;>~ J:: Q Q),", Q)~~ !:I Q) - S..c:..c: J:: Q)- '"' CO Q,)>'"' ~~::gP-t o J:: 0 S J:: '"' J:: OC,)C,)~p.,a3~Z SQ).B ~ _.....~COCO~CO J:: ~U C+-; ~~;.::: ~ P::~ O....-Q) .~ Q) ~ o 0 ~oo '"";) ....U P:: >''"' E-t~~ 0..... 0......... ~ ....... C,) - ::: U:> ............~ ..... ..!o: Q,)SQ) ~OO ~ Q-U !:I 00 - Q).~ ..... s..!o: :> ~ > ~ ~ t:: 0 Q,) ~ ::s CO Z !:log O~~ 8~'8 OE-<C,) Q 0 8 N . !:I C,) ~ rJ)~~ ~ C,) 0 ~ .$~~ ~ CO ~ bD - ..... z g~ 0 !:I J:: @ '.... 's~ !:I J::.~ ~Q !:I ~ .$ co Z~ ....... p.,~ ~ 'd~ '"' Q) ~ 0'"";) .... U Q) '"' ..... ~ J:: ..... - ~ CO '"' ~ J:: 'J:: ~ RESOLUTION NO. 92-42 RESOLUTION ADOPTING THE NEAR SOUTHSIDE NEIGHBORHOOD REDEVELOPMENT PLAN. WHEREAS, cities may adopt plans directing the future growth of their community to provide for the public health, safety and general welfare; and WHEREAS, the City Council of Iowa City has determined that redevelopment of a 20-block area south of Burlington Street known as the Near Southside is in the best interest of the community and will promote the general welfare; and WHEREAS, the Planning & Zoning Commission and the City Council have concluded that redevelopment of the Near Southside for a mix of high-density residential, commercial and office uses will complement the investment Iowa City has made in the Downtown and will generally enhance the community; and WHEREAS, this conclusion has been reached after due deliberation and numerous opportunities for public input. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: to adopt the Near Southside Neighborhood Redevelopment Plan as a policy for the development of the area generally south of Burlington Street, west of Gilbert Street, east of Madison Street and north of the Iowa Interstate Railway main line and to implement redevelopment of the Near Southside according to the Action Plan set forth therein. It was moved by Amhrisco and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: v Ambrisco X Courtney v Horowitz X Kubby X Larson X McDonald X Novick Passed and approved this 3rd -' ATTEST: ~.A~J,¡/ ~J CIT LERK nearss.res Table of Contents 1 Introduction 4 Land Use Plan 7 Redevelopment Sites 10 Traffic Circulation 13 Parking 20 Open Spaces, Elements of Design & Public Amenities 25 Historic Preservation 29 Action Plan Near Southside Redevelopment Plan Introduction In the last three decades a lot of time, money, and energy has been invested in the revitalization of downtown Iowa City. Careful attention has been given to appropriate uses, the design of new structures, the design of the streetscape, pedestrian and vehicular circulation, parking, and transit service. As a result ofthis effort, Iowa City has one of the more vital and attractive downtowns in the Midwest. An opportunity now exists to enhance our investment in downtown through redevelopment of the area south of Burlington Street. This area provides a site for commercial/office development to complement the downtown and an opportunity to create a downtown neighborhood of high intensity development next to the employment, educational and shopping center of the city. Office development and the new higher density neighborhood will provide a consistent and present market for the downtown. There will be more people (and, as a consequence, greater vitality) and more traffic in the redevelopment area; there will be congestion. However, the livability of the residential blocks should not be sacrificed. A livable neighborhood can be attained with attention to design, public amenities, and a proper balance of parking and dwelling unit density. The following sections provide a brief overview of the redevelopment area, a description of the specific properties projected for redevelopment, and a discussion of various issues related to revitalization of this area. Overview The Near Southside redevelopment area is a 20-block section in the older part of Iowa City bounded by Burlington Street on the north and Gilbert Street on the east. The Iowa Interstate Railway mainline and the Des Moines Street right-of-way define the southern boundary. Madison Street and property controlled by the University of Iowa mark the western boundary. (See Figure 1) Ofthe 48.5 acres of property included in this area, 30% (14.81 acres) is publicly owned by four separate jurisdictions - the University ofIowa, Johnson County, the U.S. government, and the Iowa City Community School District. This land penetrates the central blocks ofthe study area from the west, establishing the dominant land use on six blocks between Court and Prentiss streets. The four blocks north of Court Street are presently zoned Central Business Service (CB-2) and High-Density Multi-Family Residential (RM-44). They include a mix of residential, office, general commercial and intensive commercial uses. The primary residential uses are Pentacrest Garden Apartments and Capitol House elderly housing. The commercial development is typically in one or two-story older buildings, at an intensity of use which is less than optimal for an area so close to downtown. The blocks south of Court Street are primarily residential with the exception of the publicly-owned land and the commercial areas along Gilbert Street and southeast of the Prentiss/Dubuque Street intersection. The zoning of these blocks is a mix of High-rise Multi-family Residential (RM-I45), Public (P), Central Business Service (CB-2), Community Commercial (CC-2) and Commercial Intensive (CI-I). Some redevelopment for high density residential uses has already occurred in this area - Heritage Manor Apartments, Blackhawk Apartments, the 12-plex on Linn Street at Harrison (Moreland), the apartments on Clinton Street south of the post office (Nagle), a 16-unit building on S. Dubuque Street (Furman), and Capitol View Apartments. These projects provide 201 dwelling units. Otherwise the properties south of Court Street are primarily older housing stock converted to multiple dwellings. Some of these buildings are in deteriorated condition and are ripe for rehabilitation or redevelopment. Others continue, to be economically viable but, with redevelopment, could provide increased housing opportunities. 2 C':) - ~ ~ ~ ~ 0 CD ~ ~ ~ J . N W .J <> 0 0 (f) <{ J. ~ :rW J ~~ I 0>- J 13 VI Ul~ lID w :5 o ~ III :::f :> r-- z z W c f:3 5 :<: jU1 J '15 u 9 ..-J ~ III 11~ z ~nnnn Land Use Plan In May 1991 the City Council agreed informally with the general land use plan for the Near Southside (Figure 2). The land use plan targets the blocks between Burlington and Court streets for office and commercial development to complement the downtown retail core. Upper story residential development is advocated for these blocks. The area south of Court Street is designated as the appropriate place for a high-density residential neighborhood. The periphery of this area, along Gilbert Street south to the railroad tracks, includes commercial development that reflects existing uses and also projects redevelopment for commercial uses focused on the needs of the future residential neighborhood. The plan recognizes the existing governmental uses in the western third of these blocks and accepts these uses as fixed and outside the control of the City. 4 IC ~ ~ ~ 'lS ~ I I II ~i ~ ] . mm...~ , . ~~ :!I ~ S ~ . . . . . . . u j!!. .., .... (/)~ : -:=:;: :. ':'.' .. ~ 0 m ffi W..- J. . ...... ... .... ~ ~ ~~ ~ ~ 0") . ...... .... .... - f;j ~ O ~ : ~-:..' .:.:- :- I - ~'" ""'. . ... .. ffii! 0 " _ . ...... ." .... I ~o 00 ~ . . . . .... _ ~ :::1.15 I 1'"'\ ti ti [[[[] ti :: : :::: ti II IT[[]til[B]]ti I 8,,- ~ is v,~ J.~ffI':~ .,~ ffiEC <( . /. . . . . . -r- ~ li :/, .:::: ::: rg1 ...1- ~ . .;r.. . . '9 .... . . ~ li : . : I!!J f- I I //: I:: "d:": · I" i ~ D G ::> ] ~.. .. ~. 'IS n:fii []]]] lam C ~ oZ' . {; . . : UiJ.J1 . t5 ::s :. /j ...... ~1n;TTl1 II: ~ ~ di U1 0- /: . l1.l1J,LLLU I ~ijj .IS -.uJdI':I \!; I I tJ ......,... .... . .............. I ~~! w ,:,,:;::;:.!:, .. ,:::;::',:,:: ............. . ..:.....:.:.., ~ a::: V1 ." .... '.' .'. . .'. ..... . .......... ,0, . .....r.....:.. . .... . . . ...... 00 --. ] ,,: :,:, ,:, :,: ,:, I:: I,:; ,:: :,:'. .:" :::.. C I d~ <( --J '.' .~. .'. '.. .'. It' .... .'. .... ,'. '.' .. :.: :t":. ,0. ,t.: .0. .... ,0, .... .~.' ',0 - .... ::: :::: ::: H: :::::: :::: ::: :::: :=: ~::! ::: W ~ I.~jmmmmmm .mmmmm11 immmmmj .~mmmjmjjj I I ~ ~ z <( ...............,.... ................. ....1...'........ ............'.... m ~ t;S:8 -I nmmHH;HHm mmmnmm H1iiHhHHHjj mmmmnH1 . . . . Rationale for Land Use Plan The objective of this Plan is to foster redevelopment of the Near Souths ide while maintaining an economically healthy retail core in downtown 10wa City. To achieve this objective, an infusion of people - employees and residents - is recommended in the Near Southside. The downtown trade area is active and healthy because of the close proximity of the University campus. The student, faculty and staff, augmented by the employees of numerous other downtown businesses and offices, provide immediate support to the retail businesses located in the downtown area. It is important the Near Southside be developed with uses that encourage concentrations of persons working and living near the downtown. Such uses include professional offices, business, and personal service establishments, and high density residential development. The location of high-density residential development in the Near Southside has the ancillary benefit of preserving established lower density areas north and east of downtown that may be subject to pressures for conversion to high-density multi-family use. The success ofIowa City's downtown has much to do with its walkability. This compact area was established for convenient accessibility to pedestrians. Few "dead spaces" exist between retail stores to break up shopping patterns. The success of the Near Southside will also relate to the ease of pedestrian access. To protect and enhance shopping convenience and pedestrian accessibility, it is important that redevelopment and the extension of retail opportunities not create dead spaces. This concept is critical in considering the linkage between the downtown and the area south of Burlington Street. Burlington Street is among the highest traffic volume streets in Iowa City. The discontinuity in pedestrian flows created by Burlington Street will not enhance shopping convenience and may inhibit integration north and south of the street. To accomplish the objective of this plan will require attention to design features and public improvements in the streets cape which are sensitive to pedestrian convemence. A block-by-block analysis has been done to determine the redevelopment possibilities in this area, propose changes in the Zoning Ordinance, and suggest ways to address the issues of parking, open space, pedestrian accessibility, traffic circulation, historic preservation, and amenities. 6 Redevelopment Sites A number of Near Southside sites are outlined for redevelopment within five to ten years based on property ownership, the known plans property owners have for their property, the condition of existing structures, and the desirability of changing the land use (Figure 3). Those properties which are not shown for redevelopment may be subject to change; they were not included in the projections of this plan since redevelopment within five to ten years appears unlikely. As redevelopment begins to occur and as the value of land increases, the impetus for redevelopment of some of these other parcels may increase. This plan does not envision that occurring within ten years. Notes on each redevelopment site in the study area are available in a supplement to this plan. As can be seen on Map 3, there are only a few sites which are large enough under present ownership to permit development of any size and significance. The Hieronymus tract on Block 102, Southtown Properties' land on Block 103, the Cahill property on Outlot 24, the Huff property on Block 12, the Roffman parcels on Block 11, and the Nereim property on Block 20 are the principal redevelopment sites. The other properties which are projected for redevelopment in the five to ten year timeframe are smaller pieces owned by a number of people; joining these properties with others would be necessary for construction of high-rise residential or multi-story mixed use developments. The properties outlined for redevelopment represent approximately five acres of land for exclusively residential projects and 4.6 acres for commercial development or mixed use projects. At the average dwelling unit density of Blackhawk Apartments and Capitol View Apartments (one dwelling unit/425 square feet), five acres of residential development could potentially generate 512 housing units. There are presently approximately 190 dwelling units on these parcels. It should be noted that the current RM-145 zoning in this area would permit construction at higher densities than those in Blackhawk Apartments or Capitol View; the market and the ability to physically provide the required on-site parking are the determinative factors. The City Council and the Planning and Zoning Commission have indicated that a density less than that seen in the two projects noted but more than permitted in the current RM-44 zone is the degree of high density desired in Iowa City. Redevelopment in the areas designated for commercial and mixed use development could potentially generate 400,000 to 600,000 square feet of space, assuming up to three stories of development without on-site parking. For comparison, Plaza Centre One is approximately 80,000 square feet. Approximately 380,000 square feet, or 80%, of this space is north of Court Street in Blocks 102, 103 and Outlot 24. Although commercial and office uses are desired in this space, it is expected that there will be a residential 7 00 0) ffi ~ ;J 0 [3 In ~ ~ W I- II) 1.1 0:: 1.1 \oJ W 0:: ID I- :::Ii W ::> 0 ~ Z ~ :.: <[ g. - (/) U -'-' <[ ID U1w > t- - IG (/) It- ~z: ::::>~ OeL U1g 0 z: W w w > C) w ~ cr:~ W 0:: 1.1 -.J <[ >- 1.1 0 >- - <(w I() J, wO:::: 1m z component in most projects. As parking is required or provided on-site, the square feet of development space will decrease accordingly. Assuming the eventual availability ofthese sites for redevelopment, what role can City government play in ensuring that the resulting projects meet the goals of the community and enhance the area? The City's interest in this process is appropriate if public funds are to be spent or public assistance given, be it in the form of improvements such as parking or in the form of relaxed standards. The following sections address the issues of parking, circulation, open space, design, historic preservation and public amenities associated with redevelopment of the Near Southside. The final section discusses regulatory and financial considerations in implementing portions of the plan. 9 Traffic Circulation The decision to create a high-density, pedestrian-oriented neighborhood brings with it certain implications regarding traffic circulation. The movement of motorized and non-motorized modes of transportation -- primarily cars and pedestrians but also trucks, buses, and bicycles -- inevitably creates conflicts. Traffic control decisions are made which emphasize one mode oftransportation over another as appropriate. For example, in downtown Iowa City specific measures have been taken to emphasize pedestrians over automobiles. Streets have been closed to automobile traffic, and those which remain open are configured to encourage slow speeds and non-aggressive driving. Most parking is located on the periphery to discourage cars from penetrating the downtown area. Traffic signals facilitate pedestrian movements at intersections. It is the implementation of similar traffic control measures that will provide the quality of life desired in the proposed Near Southside neighborhood. In addition to traffic controls, streetscape improvements will enhance pedestrian travel. These are discussed in the Public Amenities section of this report. In spite ofthe intention that persons will live in the Near Southside neighborhood because of the comfortable walking distance to downtown and the VI campus, automobiles will also be present in the area. Automobile use by persons living in the Near Southside neighborhood will be minimized if commercial establishments -- restaurants, grocery stores, laundromats, etc. -- locate in the area. To achieve the goal of pedestrian accessibility, policy makers will need to accept higher than average delay and congestion levels for automobile traffic in the Near Southside area. This will mean shifting the emphasis of decisions related to traffic from automobile convenience and efficiency to pedestrian accessibility and safety. Slowing traffic down will encourage motorists to be more cautious and make pedestrian travel easier. The following street design considerations are suggested to preserve a pedestrian scale in the Near Southside area: . The existing grid street pattern should be retained. Instinctively it would appear that closing certain streets to automobiles would enhance pedestrian travel, similar to what was done downtown. This has the secondary effect, however, of increasing traffic on the remaining streets. Retention of the existing grid street pattern in the Burlington South area will disperse traffic and avoid establishing auto-dominant corridors which are barriers to pedestrians. 10 · Street widths. With high density development it is likely that additional travel lanes to increase street capacity will be justified on a technical basis. In spite of this, two-lane streets, preferably with minimum lane widths, should be retained wherever possible. Narrower streets will slow traffic and make pedestrian crossings easier. · On-street parking. On-street parking creates side friction which causes motorists to travel at slower speeds, and provides a barrier between motorists and pedestrians. On-street parking also has the benefit of increasing the parking supply in the area. The greatest concern with on-street parking is reduced visibility. Visibility may be constrained at intersections and people walking into the street from between parked cars may not be clearly visible to motorists. · Curb radii. As with street widths, high density development may trigger requests to widen curb radii (see diagram below) to accommodate traffic. Maintaining minimum curb radii will lower the speed of turning vehicles and reduce the amount of time necessary for pedestrians to cross the street. Exceptions can be made on corners where buses turn. Reduced Curb Radii 11 The most challenging pedestrian link will be across Burlington Street. Burlington Street is the primary east-west arterial street through the central business district. It is five lanes wide, and carries approximately 21,000 vehicles a day at speeds which may exceed 25 mph. As an arterial, it is desirable to retain the traffic-carrying efficiency of Burlington Street. However, it is also crucial to provide a convenient pedestrian corridor from the proposed high-density residential area to the CBD and University campus. Any concessions to pedestrians, such as longer walk light phases, will decrease the traffic carrying capacity of Burlington Street. fJ Burlington Street at Clinton Street The most logical way to solve pedestrian-automobile conflicts on such a heavily-traveled street is by grade separation of the flows. This has been accomplished successfully by the University on Riverside Drive. Elevating pedestrian flows or lowering the street elevation are the most logical methods of grade separation, but both would involve significant capital expense. Good design is critical to the success of any type of pedestrian overpass. If not incorporated as a logical, convenient extension of the sidewalk system, it may not be used. 12 Parking The provision of parking in the Near Southside neighborhood involves policy issues which will significantly impact the direction of redevelopment. The discussion of these policy issues should acknowledge the importance of auto accessibility to the area. Over two-thirds ofthe persons currently commuting to the Iowa City central business district travel by automobile. Due to the advantages of automobile travel from a consumer preference perspective, the use of other modes of transportation is not projected to increase considerably. Walking, however, will increase if housing is developed at a higher density around the CBD. Parking is a critical element for the successful development of commercial property. Residential development, which in the Near Southside neighborhood is intended to have a strong pedestrian orientation, will also be impacted by parking. Existing residential development on the periphery of downtown indicates that many students own cars, even if they are not used to travel to campus. The existing parking supply. The following table summarizes the existing parking supply in the Near Southside neighborhood. It is a mix of on-street metered spaces, on-street unmetered spaces, and off-street spaces. Surveys show most facilities are well-utilized. The 1989 JCCOG CBD Parking Study showed significant commuter parking occurring in the Near Southside neighborhood. During the day on-street spaces were nearly 100 percent utilized all the way to Benton Street. In the evening utilization was approximately 60 percent of capacity. North of South of ~ Court Court Notes On-street meters 79 128 Maiden Lane to be added. (mix of terms) On-street unmetered 0 244 Off-street 442 1250 Many spaces in areas proposed (private & public) for redevelopment may be displaced. VI 60 524 581 2146 13 Projected parking demand. Using ITE trip generation rates it is possible to estimate the parking demand which will be generated from a proposed develQpment. It is misleading, however, to use these rates in an environment such as the Near Southside neighborhood. Trip generation rates are useful for "stand alone" developments that are not impacted by adjacent properties. Trip generation rates do not take into account the effect of shared parking or multi-purpose trips. Trip generation rates also do not take into consideration the unique characteristics of a student-oriented neighborhood such as the Near Southside. For example, it is simple to use generation rates to determine the projected parking demand for the types of commercial development proposed south of Burlington Street. But if it is intended that this commercial area primarily serve persons already living and working downtown, then theoretically the net parking demand would be zero. Similarly, the ITE parking gener.ation rate for an apartment building is listed at 1.04 cars per unit. This would indicate that the City's parking requirement for high rise development in the RM-145 zone of one space per unit is adequate for serving all parking demand on site. In fact, with students doubling, tripling, and quadrupling up in a single apartment, one parking space per dwelling unit is probably inadequate for providing on-site parking for all demand. Offices are more predictable as they are the primary trip generators for the persons who work in them. Using the projections for office development of 46,865 square feet in the area between Court and Burlington Streets (see Appendix B), approximately 131 additional parking spaces would be needed at full development. There is little opportunity for shared parking between office and residential uses in the Near Southside neighborhood, because of the atypical commuting habits of persons in the periphery of downtown Iowa City. In most residential areas cars are absent during the day. In the neighborhoods around downtown Iowa City, cars are stored during the day and persons walk to the downtown/campus area. There may be some shared parking potential between daytime office uses and evening commercial uses such as restaurants and bars. Car-pooling or ridesharing can make a big difference in the amount of parking needed. If 131 spaces are needed based on the existing auto occupancy of 1.1 persons per vehicle, only 87 spaces would be needed if auto occupancy were increased to 1.5 persons per vehicle. At the current expense to construct structured parking, this reduction or- 44 spaces would save approximately $500,000. There is no evidence, however, that increases in auto occupancy will occur voluntarily. 14 Parking goals. It is necessary to establish goals for the provision of parking in the Near Southside neighborhood. Parking goals should relate to the overall objective of a pedestrian- oriented high-intensity neighborhood. Goal 1. The desire for an adequate amount of conveniently located parking should be tempered by the desire for a pedestrian-oriented high-density neighborhood. The number of parking spaces provided may not completely accommodate demand, and may not be located on-site. Goa12. Parking facilities should not visually dominate the Near Southside neighborhood. There is a tendency for parking facilities to dominate a streetscape because of their large scale. In the Near Southside neighborhood it is desirable to keep the scale of development human by maintaining an active streets cape. In areas where commercial frontage cannot be provided, screening such as berms and vegetation should be used in parking areas. This goal will involve trade-offs between aesthetics and efficiency. Goal 3. Multi-use parking facilities are desirable. In the Near Southside area first floor commercial uses will be appropriate for multi-use parking facilities. Goal 4. Maximum use should be made of on-street parking spaces for short-term use. On- street parking also accomplishes the objectives of slowing traffic down and providing a separation between pedestrians and traffic. 15 Parking issues. Issue 1. Does the City want to encourage or discourage on-site private parking in the Near Southside? At the present time the Iowa City Zoning Ordinance includes the following parking requirements: · Commercial: Various, depending upon use · Office: 1 space/300 square feet up to 8,000 square feet, then 0 · High rise residential: 1 space/unit · Non-high rise residential: 1.5/unit up to 800 square feet 2/unit greater than 800 square feet The reduced parking requirement for high rise residential development was instituted specifically to encourage a higher density of development in the RM-145 zone. Retention of this provision will continue to encourage high density development in this location. If the full amount of parking/storage spaces demanded are required on-site, high density residential development will not occur. For office and commercial uses, if the City chooses to provide an incentive for these types of uses and play an active role in the provision of parking, then it is advantageous to reduce requirements for on-site parking and restrict on-site private parking. Restricting private parking will also lower the City's risk in providing an economically viable parking facility. Maintaining existing, or increasing, on-site parking requirements will address the problem of adequate, convenient parking for individual sites. However, the intensity of development sought in the Near Southside may be sacrificed. A system whereby some parking is provided off-site in a public facility and some on-site may strike the proper balance to achieve the goal of the plan. Issue 2. What uses will the City provide parking for? Parking requirements have been identified by property owners as one impediment to high-intensity commercial and office development in this area. Since the land use goal of this plan is to encourage high-intensity uses north of Court Street, the parking requirement for these uses should be eliminated. This proposal will be feasible only if a parking facility, constructed with the support of the City, is provided to meet the parking demand which will still exist. The City Council and the Planning & Zoning Commission have expressed concern about parking demand generated by residential development. In order to achieve the higher density residential development desired in the Near Southside, the burden of providing adequate parking may need to be shared by the public and private sectors. Depending upon the rate of new development and the demand for parking, a public facility to accommodate some of the demand may be constructed at such time as it is economically feasible to do so. 16 Due to the fact that this residential area is close to the downtown retail and employment center, much of the "parking" demand may be demand for storage spaces. Accommodation should be made in the Zoning Ordinance to permit private storage lots in areas peripheral to the Near Southside. Issue 3. Will the City provide a supply of parking in advance of demand to stimulate development in the Near Southside neighborhood? Multi-family residential development at this location in Iowa City does not require the stimulus of publicly provided parking to be successful. As noted above, a public parking facility south of Court Street should be deferred until such time as the facility is economically viable. A parking facility targeted at commercial/office development north of Court Street can precede development if the City Council wishes to assume the financial risk and act as a catalyst to this type of development. The City's risk is minimized by the existence of a 116- person waiting list for monthly parking permits in the existing ramps; approximately 260 people are waiting for spaces in the municipal lots. There is no guarantee, however, that provision of parking in advance of demand will stimulate the development desired. A decision to build prior to demand must assume a subsidy with general tax revenue unless the City is willing to institute controls on parking in the area similar to the CB-10 zone. Issue 4. What level of financial resources is the City willing to contribute to parking facilities in the Near Southside neighborhood? The density of development projected for the northern part of the Near Souths ide neighborhood will not allow a public parking system to be self-sustaining under existing policies. If private parking is restricted, on-street parking eliminated, or similar policies implemented, then a self-sustaining parking system may be possible. If the City's CB-I0 parking system is extended to include the Near Southside neighborhood, the entire system may be self-sustaining. If public parking facilities in the Near Southside cannot be part of a self-sustaining system, revenue sources other than parking revenue bonds supported by user fees will be needed. Financing. Typically a public parking facility is financed through the issuance of bonds which are then secured with user fees (revenue bonds) or general tax revenue (G.O. bonds). Possibilities to include the private sector in financing parking improvements include: · "Payment in lieu" arrangement. In lieu of providing on-site parking, a developer pays a one-time impact fee to be used in constructing public parking. . Special parking assessment district. · Tax increment financing. 17 Proposed Parking Facility Locations. The parking needs in the Near Southside neighborhood differ north and south of Court Street. The area north of Court Street is proposed for office and commercial uses, with residential units on upper floors. The area south of Court Street will be dominated by residential development, with small areas of commercial development to support the residential uses. North of Court Street. The best location for a parking facility in the area north of Court Street is the Hieronymus property on Block 102. The central location of this property provides the best link to the other uses in the area. It could be incorporated with the underutilized CB-lO property in the Hawkeye State Bank area. A link might also be provided to the Dubuque Street parking ramp. This location could provide the opportunity to incorporate a grade-separated pedestrian link over Burlington Street. Block 102 A conventional multi-Ieyel parking ramp is not suggested for this location. It is desirable to locate ground floor commercial uses in any proposed parking facility. On this site, a multi- use development should be considered given the site's location and size. A feasibility study should evaluate integrating construction of a parking facility with private development of the site. The Block 102 location is ideal with respect to minimizing the City's risk. This is a good location to sell long-term CB-10 parking permits initially, and perhaps even later if parking demand south of Burlington Street does not meet expectations. A key component will be the degree to which the City restricts private parking facilities in the area. 18 South of Court Street. The most logical location for a parking facility appears to be the air rights over the Federal Building parking lot. This property has been cleared and is presently used as a parking lot, and its owners have expressed interest in the sale of air rights. This is a good location with respect to projected development in the area south of Court Street. Federal Building Parking Lot At the present time, a City-owned parking facility south of Court Street cannot be substantiated financially unless the City Council is willing to alter existing parking policies. There are too many cheaper, more convenient alternatives for parking in the area -- on-street, private facilities, unenforced illegal parking, and UI facilities. Policies and practices which would need to be evaluated by the City Council include relocating CB-I0 zone monthly permits, eliminating free on-street parking, and requiring apartment owners to buy long-term permits if they cannot provide on-site parking. 19 Open Space, Elements of Design and Public Amenities Because the Near Southside is adjacent to downtown, the quality of redevelopment, the attractiveness of the area for high density living, and consideration of public amenities is particularly important. How that is done -- through regulations, incentives, or public improvements -- will be discussed in this section. There must first be agreement on the characteristics which will be used to define "livability." Open Space. It is already an accepted City policy that open space, like streets, water mains and sewers, is an improvement that is intended to ensure a safe, healthy and livable environment (1989 Comprehensive Plan, p. 49). Open space is generally vegetated areas providing a break from the mass and bulk of buildings and the harshness of asphalt or concrete. Open space can be passive or active, depending upon the area and existing recreational resources. In high-density areas, open space is especially important. In the Near Souths ide redevelopment area, the only existing open spaces of note are Harrison Hill Park and the Ralston Creek waterway. Otherwise, passive open spaces are provided in yards and setbacks of public and private buildings. Harrison Hill Park is the only active recreational area, and this park is targeted to special populations. Capitol House 20 The passive quality of open space does not diminish its value. Good examples of passive spaces are the lawns at the Post Office and the Courthouse, and the building setback and landscaped parking lot at Capitol House Apartments. These areas present a sense of openness and make passing by these buildings more pleasant. The converted older homes which currently dominate the housing stock in the area provide some sense of space and openness in the front yard setbacks that exist. With redevelopment of many of these properties, new structures may extend to the lot lines, eliminating most of these yards. Unless provisions are made, demand for open space will increase with higher densities of redevelopment, while greater deficiencies will exist in availability. Clinton St. setbacks Some recreational opportunities are already available for this area. The City's Recreation Center, Nautilus Health Spa, and Body Dimensions are facilities located close to these blocks. Given that the likely future population of this neighborhood will be students or young adults rather than families with small children, the recreational opportunities that do exist may be adequate. The need for open space may be filled therefore by pockets of passive space provided as part of a development, by setbacks from the street, by public acquisition of remnant pieces of land, or by development of unnecessary right-of-way. 21 Elements of Design. Design elements that make a place more livable need not delve into the aesthetics of individual buildings. The appropriate type of construction, materials, and color are subjective and difficult to reach agreement on. This plan suggests addressing those design elements that are quantifiable and add to the livability of a place by focusing on the human scale. Attention should be given to the street level treatment of buildings by proposing measures which create an environment favorable to pedestrian traffic and human activity. To gain a sense of the importance of this design element, one need only walk along the south side of Burlington Street between Gilbert and Linn Streets next to the U.S. West building. The presence of pedestrians and human activity is virtually ignored on this street face with the blank and imposing half-block stretch of wall between the alley and Linn Street. In a residential or commercial area, this type of street level treatment of a building is neither pleasant or desirable. In high density areas where so many people are trying to cope within limited space, preserving a sense of the human scale and the ability to relate to one's surroundings is particularly important to the well-being and safety of the people and businesses that are placed there. Listed below are a number of aspects of street level development that can be used to address this issue of livability: · Blank walls can be limited in expanse. · In commercia1Joffice areas, windows can be placed over a given percentage of the building's street face to provide a visual link between the street and interior activities. · Art attached to or worked into the building wall can break up the monotony of a building face when windows are not appropriate or possible. · Architectural articulation of a facade, either through the use of materials or through design, can be used to visually break up a wall. · Decorative emphasis on doorways and entryways can highlight points of interaction. · Exposed parking and garage doors which dominate a first floor facade can be minimized or eliminated. · Plantings integrated with the building facade and along sidewalks soften the harshness of concrete and other materials. 22 Burlington St. - U.S. West Building Public Amenities. Open space and design are areas in which both the public and private sectors can be involved to varying degrees. The provision of public amenities, insofar as they relate to streetscape improvements, falls primarily to the public sector as owners of the right- of-way. Streetscape improvements that have been used in downtown Iowa City include landscaped islands, vegetative screening between the street and sidewalk (Washington Street between Linn and Gilbert streets for example), seating areas along the sidewalks, and widened sidewalks. All of these features visually enhance the streets cape for the people that use it, be they pedestrians or motorists. 23 "~"".~. . ~\.,j .~, ~ ..~ ,.:\; ;(~. '%i ~. 'C''::.\. ~X'- . ~;I ¡ . ,I', i ./ Streetscape Improvements on Dubuque Street In the Near Southside area, sidewalk seating should not be necessary if adequate open space with appropriate seating is provided elsewhere. Seating is undesirable on Burlington Street due to the amount of traffic there. On less traveled streets, uses that are high people generators in terms of employees or clientele can benefit from sidewalk seating nearby. Other streetscape improvements which can be considered are widening of sidewalks to accommodate landscaping between the sidewalk and curb, pedestrian-scale lighting, and marked crosswalks. During urban renewal the sidewalk area on Dubuque Street between Burlington and Court streets was widened to incorporate angle parking and landscaped berms. This type of separation between pedestrian and auto traffic can be continued, as appropriate, south along Dubuque Street and on the Clinton and Capitol Street corridors. Blocks with relatively flat topography and moderate traffic flows are the most appropriate locations for this type of improvement. Definition of crosswalks through the use of brick, or some other pavmg medium distinguishable from concrete, and pedestrian scale lighting are two relatively simple means of stressing the pedestrian orientation of an area. Both can be considered an investment in the security and safety of the neighborhood, and a means of making the area more marketable for the uses intended. 24 Historic Preservation The Near Souths ide has been a significant neighborhood in the commercial, public and residential history of the city. Although the neighborhood has changed dramatically in the 20th century, there are still several buildings in the area which serve as reminders of the important role the Near Southside played in the development of the community. Following are proposals for preservation policies and strategies and a list of the historic buildings which remain in the area. 335 S. Clinton Preservation Policy. As redevelopment occurs in the Near Souths ide area, there will be conflicts between the goal of preserving historic structures and proposals for new development. A current proposal in the 300 block of S. Linn Street would result in the destruction of the Clark-Lewis House at 319 S. Linn. Being one of the oldest standing dwellings in Iowa City, its destruction would be a loss to the community. Given the historical importance of this structure, it may be appropriate to move it to another location prior to the redevelopment of this site. In order to avoid the loss of other important structures in this area, the policy of the City will be to enact measures and identify incentives for the preservation of significant historic structures in the Near Southside. Not every old structure in the area can be preserved, but through its policies and regulations, the City can preserve the most important structures and provide ways for them to contribute to the economic and aesthetic development of the Near Southside. 25 Strategies for Preservation. The following strategies are means to foster preservation of historic buildings in the Near Southside. Where appropriate, these strategies should be implemented to preserve individual buildings and clusters of buildings. 1. Individual Landmark Designation. A historic landmark ordinance would allow the designation of individual buildings as historic landmarks giving them the same protections of historic districts designated under the historic preservation ordinance. 2. Economic Incentives. Granting public financial incentives to owners of older buildings can encourage the preservation and use of buildings rather than their demolition or replacement. Low-interest rehabilitation loans from local banks is another tool. 3. Tax Incentives. The City, in cooperation with Johnson County, should consider tax incentives to assist in the cost of preserving historic structures. The state has approved legislation allowing counties to abate tax increases that result from the renovation of certified historic structures. Adoption of a local tax abatement program, in combination with the existing federal tax credit for historic rehabilitation, would be an attractive incentive for preservation of historic buildings. 4. Zoning. Zoning regulations can assist in preserving historic structures in the neighborhood and encourage new construction to be sympathetic with them in terms of design. This may be done with detailed regulations concerning the size and height of new buildings, allowing the transfer of development rights from historic properties to other sites, and lowering parking requirements for uses in historic structures. 5. Moving Buildings. Although it is not considered a proper historic preservation practice to move a historic building to a new location, as a last resort it may be appropriate to move some older residential buildings in order to save them from demolition. If the buildings were moved within the Southside Neighborhood it is anticipated that moving costs would be relatively low. Consideration should be given to the possibility of moving a group of these older houses to the same area to create a block of dwellings. This would enhance the streetscape and preserve buildings even though the houses would not be original to that location. 6. Maiden Lane Project. Plans for the improvement of Maiden Lane north of Prentiss Street should be implemented to improve the aesthetics of the adjacent commercial area. The beautification of Ralston Creek may also serve as an incentive for individual property owners to improve their properties, and could serve as open space and a focal point for the area. 26 New Construction. In conjunction with preserving historic buildings in the neighborhood, a series of design guidelines for new construction should be adopted. These might include the following: 1. Setbacks. There should be a setback requirement so that new structures in the neighborhood are not built right on the sidewalk unless the existing structures, such as those on South Gilbert Street, were built that way. On streets such as Clinton Street, there should be a setback similar to that provided for the houses already located there. 2. Plantings and Streetscape. Attention should be given to preserving open space in the Southside Neighborhood and to preserving and increasing the number of plantings along the streets. Tree plantings will help to reduce the scale and soften the appearance of the new structures to the benefit of the more historic and smaller scale structures. Streetscape should be given attention in terms of adequate lighting and street furniture to make the Southside an appropriate residential neighborhood. This will help to preserve older residential buildings and to prevent their replacement by commercial or other structures that are not occupied at night. 3. Design review. The encouragement of good design for new construction should be made an aspect of the redevelopment plan. The location, mass, scale, materials and ornamentation of new construction should be reviewed with application for a building permit to ensure that the new construction is sympathetic with nearby historic buildings and that new projects result in an attractive neighborhood. - , , . . ··r ", 330 E. Court 27 Survey of Historic Structures. The following buildings have been identified as historic structures within the boundaries of the Near Southside neighborhood. As the City considers redevelopment proposals in this area, priority consideration should be given to the preservation of those buildings on the list which have been identified as being on or eligible for the National Register of Historic Places. The buildings on the second list do not appear to be eligible for the National Register, or there is not enough information to assess their significance at this time. These buildings do contribute to the streetscape of the Near Southside and should be considered for incorporation in redevelopment plans when possible. NEAR SOUTHSIDE BUILDINGS CONSIDERED FOR PRESERVATION Identified Historic Structures which are on or may be eligible for the National Register 1. 417 S. Clinton Johnson County Courthouse* 2. 521 S. Gilbert Recreational Athletic Products-Bridge Assoc. Inc.* (R.T.Close Flaxseed Warehouse) 3. 119 Wright St. Neuzil & Anderson Law Offices (Chicago, Rock Island & Pacific Depot)* 4. 228 E. Court St. Patrick's Church and rectory 5. 624 S. Clinton 16 apartments·Oakes Family Partnership (Railroad hotel) 6. 530 S. Clinton Penningroth Apartments 7. 335 S. Clinton Coldwell-Banker Anderson-Bender Real Estate Agency 8. 604 S. Clinton Duplex.Roffman 9. 401 S. Gilbert Mixed use: apartments/commercial-Granner 10. 330 E. Court Honohan, Epley, Haymond & Braddock Law Offices 11. 509 S. Dubuque Iowa City Board of Education (Sabin School) 12. 319 S. Linn Single-family dwelling.(Clark.Lewis House) Other Structures Which May Have Significance 13. 527 S. Gilbert The Vine 14. 605 S. Clinton 5 apartments-Launspach 15. 612 S. Clinton 3 apartments-Roffman 16. 319-329 S. Gilbert Mixed use: commercial/apartments-Cahill 17. 405 S. Gilbert Sanctuary-Woodson 18. 507 S. Gilbert Antique Mall 19. 509 S. Gilbert Imprinted Sportswear 20. 525 S. Gilbert Fitzpatrick's 21. 608-614 S. Three Cottages Dubuque *Buildings listed on the National Register of Historic Places. Bold Face indicates properties where redevelopment is anticipated in 5-10 years. 28 ACTION PLAN There are three ways in which the issues presented by the Near Southside Redevelopment Area can be addressed: 1] legislation reQuirinl! the provision of certain features; 2] zoning incentives offering trade-offs for the provision of certain features; and 3] public improvements. A combination of these methods is preferred. North of Court Street . A self supporting municipal improvement district (SSMID), special assessment district, or tax increment financing district should be retained as future options for this area and the downtown. The general purpose of these districts is to aid in the development and improvement of the designated area. Specific improvements such as the following are possible: a parking facility, pedestrian access across Burlington Street, streetscape improvements, and improvements to Maiden Lane. Improvements may be funded entirely from revenues generated from properties within the district or by a combination of revenue sources including the general fund. An SSMID requires substantial private sector support. This type of district was considered and rejected for the present. · Regulatory reforms: 1. Establish the CB-5 zone. This zone would permit and encourage an intensity of development greater than the CB-2 zone and less than the CB-I0 zone. It would permit a floor area ratio (FAR) of five, i.e. maximum development would equal five stories on an entire lot. Permitted uses should correlate with the land use map. 2. No on-site parking should be required for commercial or office uses. A limited amount of on-site parking should be permitted. One of the objectives of this plan is to stimulate development. Based on input received from property owners in the area, prohibiting all on-site parking is likely to deter many projects for which a few spaces are mandatory. Residential development should continue to provide some on-site parking spaces. 3. Restrictions should be placed on the street level treatment of buildings with no more than 25% of the street level floor in blank wall. The face of the remaining 75% of the wall should be enhanced with windows, doorways (other than garage doors), art work, other design modifications or landscaping. 4. Bonuses in height, FAR, or type of use should be instituted to provide incentives for amenities, such as the provision of well-designed passive open spaces or setbacks. 29 South of Court Street · Regulatory reforms: 1. In the RM-145 zone, a density limit should be adopted. Rooming houses, which are not currently permitted, should be permitted in this zone. 2. The provision of some dwelling units for low and moderate income people as defined by HUD should be pursued. Not every new building should be required to have such units and the location of the units should be dispersed. 3. Parking requirements should balance the need for adequate parking with the desire for high density development in this area. The City should evaluate the feasibility of constructing a parking facility over the federal lot. This project might be done in cooperation with the County, to address needs of the County Jail for expansion, or parking needs for the courthouse. 4. Controls on the street level treatment of buildings should be similar to those noted for the CB-5 zone. Building setbacks from the street should be provided. 5. Density bonuses should be instituted to provide incentives for amenities such as the provision of passive open spaces. 6. Requirements and incentives for the preservation of historic structures should be evaluated. Public improvements: · A streets cape improvement plan should be engineered and designed for the entire residential neighborhood. The installation of pedestrian crosswalks and other right-of-way improvements can take place at City expense, as redevelopment occurs. The feasibility of an east-west pedestrian corridor to the Iowa River should be explored with the University and the railroad. · Planning and construction of a public parking facility in the Near Southside should begin immediately. Additional Measures · Permit privately-owned vehicle storage lots in the CI-l, Commercial Intensive Zone, abutting the Near Southside Area. · Modifications in the parking system, such as metering of on-street parking spaces, manipulation of the fee structure, and relocating permit holders, should be instituted. Neighbor\Brlingtn.pln 30 M+ø C1L] Prepared by: Marcia Klingaman, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5237 RESOLUTION NO. 04-293 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR THE NORTHSIDE NEIGHBORHOOD ART PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. WHEREAS, the Iowa City Public Art program provides for investment in public art annually; and WHEREAS, the City Council of Iowa City approved the original concept of focusing Public Art Funds on Neighborhood Art projects at their March 11, 2003 meeting by adopting Resolution No. 03-85; and WHEREAS, the City Council of Iowa City approved the general concept of the Northside Neighborhood Art proposal at their meeting of July 6,2004 by adopting Resolution No. 04-190. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The Agreement between the City of Iowa city and the artist John Coyne for the design and fabrication of the Northside Neighborhood Art Project, a copy of which is attached hereto, is hereby approved as to form and content. 2. The Mayor is hereby authorized to execute and the City Clerk to attest said Agreement. Passed and approved this 19th day of Oêtober ,20 04 . ¿J ~.I. ~¿- - - YOR ATTEST: ~~-'U~ ~ ~ ~bY /O-13-()ý 7.~ CI LERK City Attorney's Office It was moved by Sa il ev and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey x Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn ppddirlreslnorthside art.doc CITY OF IOWA CITY PUBLIC ART PROGRAM NORTHSIDE NEIGHBORHOOD ART PROJECT AGREEMENT BY AND BETWEEN OWNER AND ARTIST THIS AGREEMENT is made on QTDBf'f2 /'1 ~etween the City of Iowa City, hereinafter referred to as the OWNER, and John Coy~, hereinafter referred to as the ARTIST. The OWNER'S REPRESENTATIVE shall be the Director of the Department of Planning and Community Development or his/her designee. The COMMITTEE shall be the Public Art Advisory Committee. The contractor shall be the company or companies hired by the ARTIST to construct the artwork for the project. WHEREAS, the OWNER, on the recommendation of the COMMITTEE and after public input, has accepted the proposal for the Northside Neighborhood Art Project created by the ARTIST and hereinafter referred to as the ART WORK, for the street sign art projects to be placed in the Northside neighborhood. A copy of said proposal as accepted is attached hereto as Exhibit "A" (hereinafter "Proposal"). NOW, THEREFORE, in consideration of the mutual promises and undertakings contained herein, the parties agree as follows: Article 1. Scope of Services 1.1 General a. The ARTIST shall perform all services and furnish all supplies, materials and equipment as necessary for the design, execution, fabrication, transportation and consultation on the installation of the ART WORK at the sites. The OWNER shall be responsible for costs associated with materials and staff time necessary to install the ART WORK on the street signs. b. The ARTIST shall at all stages of execution, fabrication and installation coordinate their work with the OWNER or the OWNER'S REPRESENTATIVES. 1.2 Execution of the Work a. The ARTIST shall furnish the OWNER'S REPRESENTATIVE a tentative schedule for fabrication, delivery and installation of the ART WORK. A copy of said approved schedule is attached hereto as Exhibit "B" (hereinafter "Schedule"). The ARTIST shall fabricate and transport the ART WORK in accordance with such schedule. Such schedule may be amended by written agreement between the OWNER'S REPRESENTATIVE and the ARTIST. b. The OWNER shall have the right to review the ART WORK at reasonable times during the fabrication thereof. The ARTIST shall provide progress reports to OWNER upon request of OWNER'S REPRESENTATIVE. 2 c. The ARTIST shall complete the fabrication and ensure installation of the ART WORK in substantial conformity with the approved Proposal. d. The ARTIST shall present to the COMMITTEE in writing for further review and approval any significant changes in scope, design, color, size, material or texture of the ART WORK not permitted by or not in substantial conformity with the Proposal. A significant change is any change in the scope, design, color, size, material, texture or location of the site of the ART WORK which affects installation, scheduling, site preparation or maintenance for the ART WORK or the concept of the ART WORK as represented in the Proposal. 1.3 Delivery and Installation a. The ARTIST shall notify the OWNER'S REPRESENTATIVE in writing when the fabrication of the ART WORK is completed and the ARTIST is ready for its delivery and installation at the site. b. The ARTIST agrees to notify the OWNER'S REPRESENTATIVE, no fewer than (15) fifteen days prior to the ARTIST'S intended time of delivery to determine the particulars of delivery time, location and agent designated by the OWNER. c. The ARTIST shall deliver and consult with the OWNER'S REPRESENTATIVE on the installation of the completed ART WORK at the sites in compliance with the schedule approved pursuant to Section 1.2 (a). 1.4 Post Installation a. The ARTIST shall be notified of any dates and times for presentation ceremonies relating to the ART WORK. b. Upon installation of the ART WORK, the ARTIST shall provide to the OWNER'S REPRESENTATIVE written instructions for appropriate maintenance and preservation of the ART WORK. 1.5 Final Acceptance a. The ARTIST shall advise the OWNER'S REPRESENTATIVE in writing when all services in Sections 1.1 through 1.4 have been completed in substantial conformity with the Proposal. b. The OWNER'S REPRESENTATIVE shall notify the ARTIST in writing of OWNER'S final acceptance of the ART WORK. c. Final acceptance shall be effective on one of the two dates, whichever occurs earlier: (1) the date of the OWNER'S REPRESENTATIVE'S written notification to ARTIST of final acceptance; or, (2) the 30th day after receipt by OWNER'S REPRESENTATIVE of written notice given by ARTIST under Section 1.5 (a) unless prior to the expiration of the 30 day period, OWNER'S REPRESENTATIVE gives the ARTIST written notice specifying and describing the services which have not been completed. 3 1.6 Risk of Loss The risk of loss or damage to the ART WORK shall be borne by the ARTIST until final acceptance by the OWNER, and the ARTIST shall take such measures as are necessary to protect the ART WORK from loss or damage until final acceptance. 1.7 Liability, Indemnification and Insurance a. The ARTIST agrees to indemnify, defend and hold OWNER and its officers, employees, and agents harmless from any and all loss, cost, damage and expense (including reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of any claims, actions or suits based upon or alleging bodily injury, including death, or property damage arising out of or resulting from ARTIST'S operations, duties or responsibilities under this agreement, whether such be by ARTIST himself or by any subcontractor or by anyone directly or indirectly employed by ARTIST. b. Upon final acceptance of the ART WORK, the OWNER shall, to the extent permitted by law, and without waiving any immunities available thereunder, indemnify and hold harmless the ARTIST against any and all claims or liabilities thereafter made in connection with the ART WORK, the site, the project or this agreement, except claims by the OWNER against the ARTIST and claims which may occur as a result of the ARTIST'S breach of the warranties provided in Article 4. c. The ARTIST and all employees of the ARTIST shall each effect and maintain insurance to protect the ARTIST from claims under workers compensation acts; claims for damages because of bodily injury including personal injury, sickness or disease, or death of any of their employees or of any person other than their employees; and from claims for damages because of injury to or destruction of tangible property; including loss of use resulting therefrom; and from claims arising out of their performance of professional services caused by errors, omissions, or negligent acts for which the ARTIST is legally liable. 1.8 Title Title of the ART WORK shall pass to the OWNER upon OWNER'S final acceptance of the completed ART WORK. Article 2. Compensation and Payment Schedule 2.1 Fixed Fee The OWNER shall pay the ARTIST a fee not to exceed Fourteen Thousand, Eight Hundred Sixty Four dollars ($14,864) plus a contingency fee of One thousand four hundred eighty-six dollars ($1486.00), which shall constitute full compensation for all fees, services, expenses, and materials to be performed and furnished by the ARTIST under this agreement. The 10% contingency fee of $1486.00 over the initial quoted fee of $14,864 will be paid as part of the final payment only with acceptable documentation that, in the determination of the OWNER'S REPRESENTATIVE these additional unexpected costs were incurred. The fee shall be paid in the following installments, expressed as percentages of $14,864 each installment to represent full and final, non refundable payment for all services and materials provided prior to the due date thereof: 4 a) Twenty percent (20%) or $2973 within thirty (30) days after execution of this agreement. b) Thirty Percent (30%) or $4459 within thirty (30) days after acceptance by OWNER'S REPRESENTATIVE that completion of all molds has occurred. c) Thirty percent (30%) or $4459 within thirty (30) days after acceptance by OWNER'S REPRESENTATIVE that all castings have been completed and ready for installation. d) Twenty percent (20%) or $2973 and any portion of the contingency if approved within thirty (30) days of final acceptance by OWNER'S REPRESENTATIVE. 2.2 ARTIST'S Expenses The ARTIST shall be responsible for the payment of all mailing or shipping charges on submissions to the OWNER'S REPRESENTATIVE, the cost of transporting the ART WORK to the site and the costs of all travel by the ARTIST and the ARTIST'S agents and employees necessary for the proper performance of the services required under this agreement. Article 3. Time of Performance 3.1 Duration The services to be required of the ARTIST as set forth in Article 1 shall be completed in accordance with the schedule for completion of the ART WORK as proposed by the ARTIST and approved by the OWNER'S REPRESENTATIVE pursuant to Section 1.2, provided that such time limits may be extended or otherwise modified by written agreement between the ARTIST and the OWNER'S REPRESENTATIVE. 3.2 Obligation to Store After Delivery It shall be OWNER'S obligation to store the ART WORK upon delivery by ARTIST. 3.3 Early Completion of ARTIST Services The ARTIST shall bear any transportation and storage costs resulting from the completion of the ARTIST'S services prior to the time provided in the schedule for installation. 3.4 Time Extensions The OWNER'S REPRESENTATIVE shall grant a reasonable extension of time to the ARTIST in the event that there is a delay on the part of the ARTIST in performing its obligations under this Agreement due to conditions beyond the ARTIST'S control or Acts of God which render timely performance of the ARTIST'S services impossible or unexpectedly burdensome. Likewise the ARTIST shall grant a reasonable extension of time to the OWNER in the event that there is a delay on the part of the OWNER in performing its obligations under this Agreement due to conditions beyond the OWNER'S control or Acts of God which render timely performance of the OWNER'S services impossible or unexpectedly burdensome. Failure to fulfill contractual obligations due to conditions beyond either party's reasonable control will not be considered a breach of contract; provided that such obligations shall be suspended only for the duration of such condition. 5 Article 4. Warranties 4.1 Warranties of Title The ARTIST represents and warrants that: (a) the ART WORK is solely the result of the artistic effort of the ARTIST; (b) except as otherwise disclosed in writing to the OWNER'S REPRESENTATIVE, the ART WORK is unique and original and does not infringe upon any copyright; (c) that the ART WORK, or a duplicate thereof, has not been accepted for sale elsewhere; and (d) the ART WORK is free and clear of any liens from any source whatever. 4.2 Warranties of Quality ahd Condition The ARTIST represents and warrants that: (a) the execution and fabrication of the ART WORK will be performed in a workmanlike manner; (b) the ART WORK, as fabricated and installed, will be free of defects in material and workmanship, including any defects consisting of inherent qualities which cause or accelerate deterioration of the ART WORK; and (c) maintenance recommendations submitted by the ARTIST to the OWNER'S REPRESENTATIVE hereunder, if followed, will achieve their intended result. The warranties described in this Section 4.2 shall survive for a period of five years after the final acceptance of the ART WORK. The OWNER shall give notice to the ARTIST of any observed breach with reasonable promptness. The ARTIST shall, at the request of the OWNER, and at no cost to the OWNER, cure reasonably and promptly the breach of any such warranty which is curable by the ARTIST and which cure is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the ART WORK). Article 5. Reproduction Rights 5.1 General To the extent not limited by this Section 5.1, the ARTIST retains all rights under the Copyright Act of 1976, 17 U.S.C., 101 et. seq., and all other rights in and to the ART WORK except ownership and possession. In view of the intention that the ART WORK in its final dimension shall be unique, the ARTIST shall not make any additional duplicate reproductions of the final ART WORK, nor shall the ARTIST grant permission to others to do so except with the written permission of the OWNER. The ARTIST grants to the OWNER and its assigns a royalty-free, irrevocable license to make two or three dimensional reproductions of the ART WORK for educational and/or non-commercial purposes, including but not limited to reproductions used in advertising, calendars, posters, brochures, media, publicity, catalogues, museum, educational and development projects, or other similar publications, provided that these rights are exercised in a professional manner. 5.2 Notice All reproductions by the OWNER shall contain a credit to the ARTIST and a copyright notice substantially in the following form: - [ARTIST'S NAME], date of publication. 6 5.3 Credit to OWNER The ARTIST shall use best efforts to give a credit reading substantially, "an original ART WORK owned and commissioned by the City of Iowa City, Iowa" in any public showing under the ARTIST'S control or reproductions of the ART WORK. 5.4 Registration The ARTIST may cause to be registered, with the United States Register of Copyrights, a copyright of the ART WORK in the ARTIST'S name. Article 6. ARTIST'S Rights 6.1 Identification The OWNER shall, at its expense, prepare and install at the site a plaque identifying the ARTIST, the title of the ART WORK, and the year of completion; and shall reasonably maintain such notice to the extent as may be practicable. 6.2 Maintenance The OWNER recognizes that maintenance of the ART WORK on a regular basis is essential to the integrity of the ART WORK. The OWNER shall take reasonable steps to assure that the ART WORK is properly maintained and protected, taking into account the instructions of the ARTIST provided in accordance with Section 1.4 (b). 6.3 Alteration of the Work or of the Site a. Except as provided under subsection 7.3(b), below, The OWNER agrees that it will not intentionally damage, alter, modify or change the ART WORK without the prior written approval of the ARTIST. b. The OWNER reserves the right to alter the location of the ART WORK; relocate the ART WORK to another site; and remove the ART WORK from public display. The following provisions shall apply to relocation or removal; (i) While the OWNER shall attempt to remove ART WORK in such a way as to not affect the ART WORK, it is the parties' understanding that such removal may result in damage, alteration, modification, destruction, distortion or other change of the ART WORK. The ARTIST acknowledges that this provision shall qualify under 17 U.S. C. Section 113, (d) so as to waive rights under 17 U.S.C. Section 106A. (ii) If, at the time of removal, it is determined that the ART WORK may be removed without damage, alteration, modification, destruction, distortion or other change, OWNER shall give notice as required by 17 U.S.C. Section 113 (d) (2) and (3). On completion of the ART WORK, the ARTIST agrees to file the records, including ARTIST'S identity and address, with the Register of Copyrights as provided under 17 U.S.C. Section 113 (d) (3). The ARTIST further agrees to update information with the Register of Copyrights so as to permit notification of intent to remove the ART WORK. 7 6.4 Permanent Record. The OWNER'S REPRESENTATIVE shall maintain on permanent file a record of this Agreement and the location and disposition of the ART WORK. Article 7. ARTIST as Independent Contractor. The ARTIST shall perform all work under this Agreement as an independent contractor and not as an agent or an employee of the OWNER. The ARTIST shall not be supervised by any employee or official of the OWNER, nor shall the ARTIST exercise supervision over any employee or official of the OWNER. Article 8. Assignments, Transfer, Subcontracting 8.1 Neither this Agreement nor any interest herein shall be transferred by the ARTIST. Any such transfer shall be null and void and shall be cause to annul this Agreement. 8.2 Subcontracting by ARTIST The ARTIST may subcontract portions of the services to be provided hereunder at the ARTIST'S expense provided that said subcontracting shall not negatively affect the design, appearance, or visual quality of the Proposal and shall be carried out under the personal supervision of the ARTIST. The ARTIST must obtain approval from the OWNER'S REPRESENTATIVE prior to hiring any subcontractor. If the OWNER'S REPRESENTATIVE does not approve the hiring of any subcontractor, another subcontractor must be submitted for approval by the OWNER'S REPRESENTATIVE. Article 9. Termination If either party to this agreement shall willfully or negligently fail to fulfill in a timely and proper manner, or otherwise violate, any of the covenants, agreements or stipulations material to this agreement, the other party shall thereupon have the right to terminate this agreement by giving written notice to the defaulting party of its intent to terminate specifying the grounds for termination. The defaulting party shall have thirty (30) days after receipt of the notice to cure the default. If it is not cured, then this agreement shall terminate. In the event of default by the OWNER, the OWNER shall promptly compensate the ARTIST for all services performed by the ARTIST prior to termination. In the event of default by the ARTIST, all finished and unfinished drawings, sketches, photographs, and other work products prepared and submitted or prepared for submission by the ARTIST under this agreement shall at the OWNER'S option become its property, provided that no right to fabricate or execute the ART WORK shall pass to the OWNER and the OWNER shall compensate the ARTIST pursuant to Article 2 for all services performed by the ARTIST prior to termination; or the ARTIST shall refund all amounts paid by the OWNER in exchange for all finished and unfinished related art works. Notwithstanding the previous sentence, the ARTIST shall not be relieved of liability to the OWNER for damages sustained by the OWNER by virtue of any breach of this Agreement by the ARTIST, and the OWNER may reasonably withhold payments to the ARTIST until such time as the exact amount of such damages due the OWNER from the ARTIST is determined. 8 Article 10. Compliance The ARTIST shall be required to comply with Federal, State, and City statutes, ordinances and regulations applicable to the performance of the ARTIST'S services under this agreement. Article 11. General Terms 11.1. The ARTIST shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 11.1.1 To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 11.1.2 To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 11.2 It is understood and agreed that the retention of ARTIST by OWNER for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the ARTIST shall have the right to employ such assistance as may be required for the performance of the Project, subject to the terms of Section 8.2 of the Agreement. 11.3 It is agreed by the OWNER that all records and files pertaining to information needed by the ARTIST for the project shall be available by said City upon reasonable request to the ARTIST. The OWNER agrees to furnish all reasonable assistance in the use of these records and files. 11.4 At the request of OWNER, the ARTIST shall attend such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the OWNER shall be given with reasonable notice to ARTIST to assure attendance. 11.5 Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. 11.6 Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by OWNER. 11.7 Upon signing this agreement, ARTIST acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. Article 12. Entire Agreement This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 9 Article 13. Modification No alteration, change, or modification of the terms of the Agreement shall be valid unless made in writing and signed by both parties hereto and approved by appropriate action of the OWNER. ARTIS~ ~ æ ,~ ' /' /t~( __ __ . V A- John Coyne rnest W. Lehman, Mayor , ,~_.. ATTEST 7h~~ ~. ~~ Marian K. Karr City Clerk /1. Approvp( ~y ~¿. iNL 1/)--13-0ý City Attorney's Office &\.\It>\1' A Northside Streetsign Proposal Submitted by John Coyne 1127 E. Davenport St. Iowa City, IA 52245 (319) 339-1742 This Project is for 42 commemorative aluminum street markers that will be a pennanent part of the Northside neighborhood. Aluminum Each sign will weigh approximately 3 lbs. Price of aluminum is approximately $3.50 per pound. Total price = $514 Mold Making Materials for mold making including sand, resin, catalyst, core wash, flasks, oil clay and wax = $600 Chasing Materials for finishing and chasing includes abrasives, cut-off wheels, chemicals for patination and clear coat = $350 . Labor The projected time for each piece is 20 hours, which includes modeling, mold making, casting,and chasing. At $15 an hour, for 42 castings, which will take approximately 840 hours = $12,600 Transportation The cost of transporting molds to the Davenport foundry will include trips and rental equipment. Cost = $300 Miscasts An optimistic prediction of a 2 % error for miscasts and welding comes to approximately $500 Total bid amount = $14,864 (Exhibit B) NORTHSIDE NEIGHBORHOOD ART PROJECT SCHEDULE Street Sign Marker Project · December 30, 2004 - all molds for the houses will be completed and available for inspection. · February 15,2005 - all castings have been completed and delivered to the City for installation. · February 15 - April 15, 2005 - Artist available for consultation on installation. · April 15, 2005 - All street markers installed and final acceptance by Owner. ~"'~~,~,~ @ ~ 08 :::- @) ~ -+ -::>' ~ ~ .~ s;: '~ 0 -:> @ 1-- '" ~ -~~~~ . t' .~ Sq)lM-'1 .. '......- . '::r; , " ~ I ,. , "'"...,.,., "., ',.... .1.. ;.~,.,"'.,,~: @'I . ~ ''"''. . 0>' M*M ,"... t=rl. ", """ ' " ~ \ f;, ~\. ' .j};."..~ . --. , ~ , ' i . I ~ - :" ~ (@ "~o A '~", ',:.",'," ~ @ " 1l{PJJ[@):M , . " " ~..~ ,. " ; <, ) ~ ~ ~.. ~ ~ ~ , " - ".---- "- (~~ (;,~It i ,..--"""11 MJ-,. ŒJ ?J Prepared by: Brian Boelk, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356-5437 RESOLUTION NO. 04-294 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE OAKLAND CEMETERY SEWER SEPARATION PROJECT. WHEREAS, Tschiggfrie Excavating Company of Dubuque, Iowa has submitted the lowest responsible bid of $53,988.10 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to Tschiggfrie Excavating Company, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 19th day of October ,20 04 ~ ;;J'df? - ~M -- '"MAYOR Approved by ATTEST: ~ ~ -J!~ éÆ:~ /ðfr~/ry- CI LERK Ity ttorney Ice It was moved by n I nnnnp 11 and seconded by rh;¡mpinn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn pweng\res\oaklandcemawrdcon.doc ADVERTISEMENT FOR BIDS OAKLAND CEMETERY SEWER SEPARATION Sealed proposals will be received by the City Clerk of the Cit,~ of Iowa City, Iowa, until 10:30 A.M. on the 12"' day of October, 2004, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 19th day of October, 2004, or at such later time and place as may be scheduled. The Project will involve the following: · 8" PVC Truss sanitary sewer · 8" sanitary sewer, bored &jacked · Sanitary sewer manholes, connections, and pipe removals · Storm sewer repair · Asphalt removaland replacement · Finish grade, topsoil, and seed All work is to be done in strict compliance with the plans and specifications prepared by City of Iowa City Engineering Division, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public exami- nation in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor,, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Completion Date: April 15, 2005 Liquidated Damages: $100.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifi- cations and form of proposal blanks may be secured at the Office of City of Iowa City Engineering Division, 410 E. Washington Street, Iowa City, Iowa, by bona fide bidders. A $15 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to 'City of Iowa City'. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quanti- ties, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK · · I 10-19-04 I Prepared by: Andrew Matthews, Assistant City Attorney, 410 E. Washington Street, Iowa City, IA 52240 319/356-5030 RESOLUTION NO. 04-295 RESOLUTION AUTHORIZING EXECUTION OF AOREEMENT FOR LIBRARY SERVICES TO RURAL JOHNSON COUNTY WHEREAS, the City of Iowa City has established and provided funds for a public library operated by the Iowa City Public Library Board of Trustees; and WHEREAS, § 336.18 of the Code of Iowa (2003) allows Johnson County Board of Supervisors to contract with a city library, in order to provide services to residents of unincorporated areas; and WHEREAS, Johnson County wishes to provide the residents of unincorporated Johnson County the opportunity to participate in the facilities and programs offered by the Iowa City Public Library; and WHEREAS, the Iowa City Library Board of Trustees, Johnson County Board of Supervisors, and the City Council for the City of Iowa City have negotiated a new agreement, in order to govern the provision of such services NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, AS FOLLOWS: 1. It is in the public interest to enter into the attached agreement, and thereby govern the provision of services, as set out in the agreement. 2. The attached agreement is hereby approved as to form and content. 3. The Mayor and City Clerk are hereby authorized to execute the attached agreement, which shall be maintained both in the City Clerk's Office and the Johnson County Auditor's Office, as an official record. Passed and approved this 19thday of 2004. ~y Cl"r'Y CLERK Approved by City Attorney's Office Resolution No. 04-295 Page 2 It was moved by Bailey and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn AGREEMENT FOR LIBRARY SERVICE TO RURAL JOHNSON COUNTY This Agreement is made and entered into by and between the City of Iowa City, Iowa, a municipal corporation, the Iowa City Library Board of Trustees and Johnson County, Iowa, a governmental subdivision. WHEREAS, the City of Iowa City ("Iowa City") has established and provided funds for a public library operated by the Iowa City Public Library Board of Trustees; and WHEREAS, Section 336.18 of the Code of Iowa (2003) allows the Johnson County Board of Supervisors ("Johnson County") to contract with a city library for residents of unincorporated areas; and WHEREAS, Johnson County wishes to provide the residents of unincorporated Johnson County the opportunity to participate in the facilities and programs offered by the Iowa City Public Library. NOW, THEREFORE, it is hereby agreed by and between the City of Iowa City, the Iowa City Library Board of Trustees and Johnson County as follows: I. SCOPE OF SERVICES A. The extent and nature of Library services will be determined by the Iowa City Public Library Board of Trustees, as provided by law. -2- B. All services of the Iowa City Public Library ("Library") will be provided to all residents of Johnson County, Iowa, who reside outside the corporate limits of any city within Johnson County, said Library services to be on the same terms and conditions as those provided the residents of the City. II. DURATION AND TERMINATION The term of this Agreement shall commence July 1, 2004 (Fiscal Year 2005) for a period of one (1) year, and shall be renewed automatically for succeeding terms of one year each ("Contract Year"), unless written notice to the contrary is given no later than April 1 by Johnson County, the Iowa City Public Library, or Iowa City. Such notice may be given by personal delivery to the Iowa City Mayor or Johnson County Chair, or by regular mail to said officials. Unless terminated as provided herein or as provided by law, "Contract Year" shall run concurrently with the appropriate budgetary fiscal year for Iowa City and Johnson County, as provided by law. III. COMPENSATION A. Johnson County shall pay to Iowa City each year a portion of the real estate tax askings (commonly referred to as "property taxes"), which taxes are necessary for library operations, as requested by the Library Board of Trustees and approved by the City Council. See Exhibit A for an illustration of this method. -3- B. The portion of the Library's real estate tax askings that the County shall pay to the City in a specific contract year shall be a percentage of the real estate tax askings equal to the preceding three-fiscal-year average of the percent of total library circulation attributed to residents of the unincorporated area of Johnson County. The three fiscal years used for this average shall be the most recent three fiscal years and excluding the fiscal year just completed. C. All payments made by Johnson County to Iowa City shall occur monthly, commencing on the first day of July of each Contract Year. D. Iowa City agrees to maintain records of said operational expenses according to generally accepted accounting practices. Iowa City and Board of Trustees further agree to make said records available to Johnson County for auditing and inspection during ordinary business hours, upon reasonable notice by the County. IV. BUDGETPROCEDURE The City Council for Iowa City shall determine and approve an annual operating budget for the Library, after preparation and recommendation by the Library Board of Trustees. More specifically, Iowa City, the Iowa City Public Library, and Johnson County agree as follows: -4- A. Contemporaneous with the Library Board's submittal of a proposed Library budget to the City Manager, the Library Board shall furnish a copy to the County. B. On or before January 15 of each year, Iowa City shall transmit to Johnson County a proposed Library budget for the fiscal year which commences on July 1 of that year, in anticipation of budget preparation for the Contract Year to mn concurrently with the up-coming fiscal year. C. On or before February 15 of each year, Johnson County shall transmit to Iowa City a resolution of commitment to fund Johnson County's portion of the operating costs of the Library for the Contract Year which commences on July 1 of that year, which portion shall be determined in accordance with this Agreement. D. On or before March 15 of each year, Iowa City shall adopt a final Library budget for the upcoming Contract Year. In its adoption of a final Library budget, the City Council will give consideration to any recommendations received from the Board of Supervisors with respect to real estate tax askings. Johnson County shall thereupon be obligated to pay its share, as determined herein, of the adopted net budget for the Library's operating costs. -5- E. Subsequent amendments to the Library budget during any Contract Year shall not increase the obligation of the County for financial support, unless mutually agreed to in writing. F. If, subsequent to adoption and certification of the Iowa City and Johnson County budgets, federal or state action reduces revenues budgeted by those local governments, either party shall have the right to terminate this Agreement during a window of 30 days following such federal or state action. G. The parties acknowledge that Johnson County may fund multiple city libraries. It is mutually agreed that total county library funds in any one contract year shall not exceed those produced by a levy rate greater than five cents (.05) above the prior contract year. The amount to be contributed by Johnson County under this contract shall be reduced, if necessary, on a pro-rata basis with all other city libraries, so as not to exceed the .05 levy rate increase limitation. V. MISCELLANEOUS One member of the Library Board of Trustees shall be a resident of the unincorporated area of Johnson County and shall be appointed by the Mayor, upon the approval -6- of the Board of Supervisors. Applicants shall submit applications for this position to the Board of Supervisors, who shall give copies to the City Council along with the Board's approved appointment. This Agreement shall be filed with the City Clerk of Iowa City and the County Auditor of Johnson County, Iowa. Dated this __ day of ,2004. CITY OF IOWA CITY, IOWA JOHNSON COUNTY, IOWA Bye-. By__ _ i..--tx c--s~ - Ernest W. Lehman, Mayor ~hairma~neTl~onCm~drq~iof. S~pervisors Attest: ~)~7~ '~- ~ Attest: Cit~Clerk County Auditor/Deputy County Auditor Approved by: City Attorney's Office LIBRARY BOARD OF TRUSTEES Contract Exhibit A Fiscal Year 2006 Total Proposed Revenue Fines, Fees, & Sales Cable Chargeback (If applicable) Real Estate Property Tax Askings Three Year Average Percentage Circulation of County Residents County Portion of Tax Askings A. Contemporaneous with the Library Board's submittal of a proposed Library budget to the City Manager, the Library Board shall furnish a copy to the B. On or before 15 of each year, Iowa City shall transmit a proposed Librar~ for the fiscal year on July 1 of that year, in antici Year to run concurrently with the fiscal year. C. On or before February 15 Johnson County shall transmit to Iowa City a resolution fund Johnson County's portion of the operating costs '~ Contract Year which commences on July 1 of that year, which be accordance with this Agreement. D. On or before 15 of each year, City shall adopt a final Library budget for the upc Contract Year. In its .~ budget, the City Council consideration to received from the Board of St ~rs with respect to real state tax a Johnson County shall obligated to pay its share, as of the adopted net budget for the Library's operating costs. -5-