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Home My WebLink About1999-04-20 Public hearingDial Land Development Merlin Lawrence, Vice President 11506 Nicholas Street, Suite 200 Omaha, Nebraska 68154-4401 PHONE (402)-493-2800 FAX (402)-493-8069 April 13, 1999 Iowa City Council 401 E. Washington St. Iowa City, IA 52240-1826 Dear Council Members: Dial Land Development would like to ask that at your May 4, 1999 meeting you give first consideration after the public hearing to our proposted PAD OPDH-12 plan of Silvercrest Residential Community, a 20.87 acre, 5-lot residential subdivision located on the corner of Scott Boulevard and American Legion Road in Iowa City, Iowa. We would also ask that at your May 18, 1999 meeting that you waive the second reading and pass the ordinance. We have done a PAD on this parcel of land and received previous approval for the PAD in this area, but felt it necessary to change and improve the independent living building and the rehabilitation building. We have been working with the land owner to get an extension to be able to complete this process. We need to have the proper zoning and platting before our company buys the land. Thank you for your attention to this proposal, Sincerely, Merlin Lawrence Vice President MUff NOTICE OF PUBLIC HEARING Notice is hereby given that public hearings will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 30" day of March, 1999, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa; at Comprehensive Plan. 2. An ordinance amending City Code SubseCtion 14-4B tO change Board of Adjustment notice requirements and to incorporate Board powers and procedures into the Zoning Chapter. 3. An ordinance changing the zoning designation of 2.78 acres located at the northeast corner of Duck Creek Drive and Rohret Road from Low Density Single-Family Residential' (RS-5) to Sensitive Areas Overlay/Low Density Residential (OSA-5) to permit a 14-unit residential development. Copies of the proposed resolution and ordinances are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. PersOns wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARlAN K. KARR, CITY CLERK To the Iowa City Council: I am writing in regard to the Northeast District Plan and the discussion concerning it at the March 30th and April 6m City Council Meetings. I have been a participant in the process since the initial meeting. I find it surprising that people were claiming that they weren't aware of the plan. At the March 1998 meeting, several developers were present and added needed input and participated in the small group sessions. The meetings were advertised and each participant received postcards informing them of future meetings. It went to larger meetings and finally to the Planning and Zoning Commission. At the P & Z meetings, people were given numerous opportunities to speak.. The gentleman from MMS was at most of the P & Z meetings and at one of the informal meetings brought up the area that he concemed about at the April 6th meeting. Planning and Zoning talked to him about about several of his objections. The opinions of the Homebuilders and the Chamber of Commerce are obviously an important part of the process, but their argument that they were unaware or didn't have a chance to participate until now isn't very convincing. I would like to stress that even though I disagree with some parts of the plan, it can serve as a good guideline for the area. The plan has a good mix of different types of development. While some people do want attached garages, the continued desirability of houses in the Longfellow neighborhood indicates that other people prefer the more traditional type of development envisioned in the Lindemann Hills area. I presently live on a single-loaded street at the end of Bloomington. The conservation design type of development as envisioned in the Bluffwoods area has been extremely popular in other areas of the country including the Midwest. In fact, the Sturbridge Square Development in Coralville- which will have houses lined by prairie grass-is proof that people might be interested in building this type of development in our area. There are several issues that merit future discussion by this Council and future Councils. I agree with Mr. Brown that a buffer needs to be established around Hickory Hill Park. How that buffer is paid for is obviously the central issue but I would encourage this Council to be extremely diligent in helping to create the buffer. Also, since it appears this Council is committed to building First Avenue I would encourage you to address some of the concerns that the residents in that area expressed at the workshops and at the Planning and Zoning Meetings. In summary, I encourage you to move ahead with the plan and to "continue indefinitely" for only a few more weeks. Sincerely, David Purdy 1434 E. Bloomington Street Iowa City, Iowa Marian Karr From: Sent: To: Subject: Douglas Baynton [dbaynton@blue.weeg.uiowa.edu] Wednesday, April 14, 1999 9:29 PM council@iowa-city.org NE District Plan Dear Iowa City Council meanders, I have been reading in the newspapers about the opposition by developers to the NE District plan. I am writing to urge you to stand by the plan as developed by Iowa City citizens, and to continue your efforts to keep Iowa City livable. I have lived in Iowa City for thirteen years, and in that time I have seen it gradually changing from a pleasant town with lovely traditional neighborhoods into a sprawling mess with steadily worsening traffic. I spent last year in suburban Maryland and have experienced first hand what Iowa Citians will face a few years down the road: ever more time stuck in traffic driving to far-flung decentralized businesses; "neighborhoods" in name only with no sense of community, no street life, and no place worth walking to; worsening air and noise pollution; older neighborhoods degraded by roads widened and extended to handle the endless deluge of traffic. On the east coast there is now an angry and widespread revolt against sprawl, but in most areas it comes too late to save a quality of life that is already lost. Perhaps you read the column about the new urban planning movement in yesterday's New York Times. If you haven't, I will paste a copy below. In places like Atlanta, developers have finally stopped building suburbs with no center and no soul, but as in Maryland, this positive change has come only after sprawl has taken a devastating toll on their city. Perhaps you also read the article in last week's USA Weekend Magazine about Portland, a thriving city that didn't wait till it was too late to begin careful planning, and as a result has managed to maintain a livable and pleasant city. My only doubts about the Northeast plan concern the extension of First Avenue. It just does not seem right to make longtime residents suffer for the sake of new development. I have just bought a house on Muscatine Avenue, and I worry that some future city council may decide to widen it, taking my front yard for the benefit of automobile commuters settling to the east. People have a right to some sense of stability in their neighborhoods. Apart from that exception, I urge you to support this plan. This kind of planning will come to Iowa City sooner or later. The only question is whether it will come before we've made a mess of things, or only after it's too late. Sincerely, Douglas Baynton 130 Grove St. Iowa City, IA 52246 337-3879 April 13, 1999 New Recruits in the War on Sprawl By AL~/g EHREN}{ALT WASHINGTON -- Talk to John Williams for five minutes, and he will begin preaching to you about the importance of sidewalks. "We have to interconnect people again," he says. "We have to go back and re-create the neighborhood, all the things that humans feel comfortable in. We can't keep putting shopping centers in the middle of those cornfields. We need sidewalks, and we need to get people out on sidewalks." that way There's nothing startling about those ideas. Lots of people talk these days: architects, environmentalists, urban planners, even vice presidents seeking promotion. But John Williams is none of those things, not even close. He's a suburban Atlanta real estate developer who has accumulated a large fortune in the past 20 years by building garden apartments along freeways all over the Sunbelt and enticing affluent young professionals to live in them. He isn't giving back the money, but he is repenting, at least in a way. Having profited mightily from sprawl, he has declared war on it. Williams is a bornLagain New Urbanist, and everything he builds nowadays Comes straight out of the New Urbanist tool kit -- high-density, mixed-use projects with stores on the ground floor, apartments above, transit stops as close as possible and sidewalks to stroll on. One big-time developer turning against sprawl in one city is a small piece of news. The big news is that Williams is no maverick, bucking the local real estate establishment. In Atlanta, he is the real estate establishment. He is the chairman of the Metropolitan Atlanta Chamber of Commerce. When he talks wistfully about the need to re-create the European town square in urban America, he is expressing sentiments that have spread through his entire business community with remarkable speed and intensity. Everybody in Atlanta seems to be against sprawl now -- developers, bankers, utility companies, all the interests that have profited from it for five decades. Highways and mega-malls and parking lots have become politically incorrect, and this has happened so fast that those who have long argued against them can hardly believe the change. "You think back two years," says John Sibley, chairman of the environmentalist Georgia Conservancy, "and the change in the mind-set is stunning." A few weeks ago, a law called the Regional Transportation Act passed the Georgia Legislature amid desultory debate that belied its profound implications. To fight sprawl in metropolitan Atlanta, the state has effectively given Gov. Roy Barnes powers that none of his 49 counterparts in America possess. The law places Governor Barnes at the head of a sprawl-fighting superagency that can practically dictate land-use decisions all over the metropolitan area. It can tell the state Transportation Department not to build a highway. It can tell a county not to allow a new shopping mall within its borders. If it wants to, it can build and operate a mass transit system in any of the jurisdictions surrounding Atlanta. It can 2 then force those jurisdictions to pay for it by threatening to take away their state financing. There are 15 members of this superagency, but there is no disputing where the power lies. The Governor can hire and fire any of them at will. It's only half in jest that state capital cynics are saying G.R.T.A. doesn't stand for Georgia Regional Transportation Authority, it stands for "Give Roy Total Authority." Among those still trying to come to terms with this extraordinary development is the Governor himself. He campaigned against sprawl when he won the office last fall, and he wrote the bill that created his new powers. But he still seems a little shocked to have been granted them. "If two years ago you had told me you would have a governor who would propose something like this, I'd have said no governor would be that foolish," he says. "But that's what we've done. What I underestimated was that sprawl can be a pretty good political issue. You had a public that was ready." But what made the public ready? What persuaded a freeway-loving, edge-city-building boom town like Atlanta to impose the equivalent of martial law on its transportation policies? One answer is dirty air. Atlanta's smog, most of it caused by automobiles, has placed the entire 13-county metropolitan region out of compliance with the Federal Clean Air Act, and until a plan is drawn up for dealing with that problem, all Federal money for new highway projects is frozen. That's no small issue. But by itself, it could not have created the G.R.T.A. -- land-use planning and New Urbanism won't have a dramatic impact on the region's air quality, especially in the short run. currently their commuting A better explanation is traffic. The residents of metro Atlanta drive an average of 35 miles a day to and from work -- more than counterparts in any other big city on the planet. Their median time is 31 minutes, far above the national average, and the projection for two decades from now is 45 minutes. As Governor Barnes puts it, "People in Atlanta are just tired of sitting in cars." The Chamber of Commerce also worries that once Atlanta develops a national reputation for gridlock, businesses won't want to locate there anymore. Existing companies won't want to expand. The whole engine of metropolitan prosperity, built to a large extent on real estate itself, will sputter. As Yogi Berra might say, Atlanta will become so crowded that nobody will go there. That is a disturbing enough prospect to turn even a dyed-in-the-wool suburban home builder into an incipient New Urbanist, and it helps explain why John Williams and the metropolitan business leadership were prime movers behind the G.R.T.A. What it will mean in the end nobody knows, not even the Governor. It is widely assumed that Mr. Barnes and his Council of 15 will decree an expansion of mass transit, discourage new residential subdivisions in some outer suburban counties and smile on pedestrian-friendly, mixed-use development of the sort that Mr. Williams and many of his colleagues now specialize in. Whether the physical environment of freeways, shopping malls, smog and gridlock will change noticeably as a result is another question. The whole Atlanta region, like its counterparts throughout much of the United States, was essentially built for the automobile; how to redesign it in accordance with other values, even gradually, is still a puzzle. G.R.T.A. activists What is safe to predict is that something very much like the debate will soon surface elsewhere. Public officials and citizen and chambers of commerce throughout the country have begun to talk about sprawl in terms they used to reserve for pornography or Communism. The dangers of uncontrolled real estate development are now taken for granted in almost every state legislature from Montpelier to Phoenix. And the national poll numbers against sprawl are so overwhelming that Vice President A1 Gore has taken what is inherently a local issue and made it the focus of a Presidential campaign. The agitation for control of land use has grown so loud that free-market think tanks have begun a rhetorical assault against it in recent weeks, mailing out a blizzard of studies, surveys and position papers arguing that sprawl is actually a good thing, and its critics merely a cadre of selfish New Urbanist snobs bent on denying others the comfortable life style they themselves enjoy. But they're too late. The American people are coming to the conclusion that sprawl is to blame for a good deal of the discontent that attaches to end-of-century middle-class life. And this change of mind will shake up politics in many places in the first decade of the 21st century. Alan Ehrenhalt is the executive editor of Governing magazine and the author, most recently, of "The Lost City." Home ~ Site Index ~ Site Search ~ Forums I Archives Marketplace Quick News ~ Page One Plus ~ International I National/N.Y. Business ~ Technology ~ Science ~ Sports ~ Weather ~ Editorial ~ Op-Ed ~ Arts ~ Automobiles ~ Books ~ Diversions ~ Job Market ~ Real Estate ~ Travel Help/Feedback ~ Classifieds I Services ~ New York Today Copyright 1999 The New York Times Company Scott L. Hochstrasser International Planning Associates 195 East Dovetail Drive * Coralville, IA 52241 * Tele(319)354-3290 * Fax 354-3051 * E-Mail slhlipa~aol.com 42 Glen Drive, Suite B * Fairfax, CA 94930 * Tele (415)459-6224 * Fax 459-5810 April 12, 1999 Mayor Ernie Lehman Iowa City Council Members City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Re: 'Northeast Planning District - Draft Plan Dear Mayor and Members of the City Council: Although I am not a resident of the Northeast Planning District nor am I a resident of Iowa City, I recently moved to the greater area and have a personal and professional interest in Iowa City land use planning. My interest in the Northeast Planning District - Draft Plan was peaked by a recent news paper article. It is clear from the story that your Planning Department staff has worked long and hard with community members to develop a vision for the future of the Northeast community planning area. However, valid concerns have been raised by others in the community including the Iowa City Chamber of Commerce and the Home Builders Association. I have read the plan and frankly it is difficult to understand the specific concerns of the Chamber and Builders by simply reading their letters. Generally, I think their concerns focus on the potential economic impact of the new "traditional neighborhood development" design concepts presented in the plan. Both organizations have suggested that "market forces" should be a more determinate design factor in future land development. The concern is that the traditional neighborhood development standards presented in the plan are unproven in Iowa City. Although it maybe be a fact that new residential and commercial development in Iowa City has not recen~y followed many of the traditional neighborhood development concepts, it appears to me that the more historic Iowa City area is in fact a traditional neighborhood which incorporates many of the same standards being set forth in the Northeast Planning District - Draft Plan. My point, Iowa City proper includes a mix of housing type, commercial/residential/institutional land use and is pedestrian friendly. The model is proven and the Northeast Planning District as planned by staff will become a new village more like the traditional Iowa City neighborhoods. I support the staff plan in general but agree with the Chamber and the Builders Association that some clarifications need to be made in the plan. Regarding the economic question raised about market acceptance or cost feasibility, a recent article in New Urban News, April 1999 Volume/t4'//2, (Copy Attached) confirms that not only is there market acceptance of this type of planned development but people are willing to pay a premium price, the study notes a average of $20,000.00 more per unit, in planned traditional neighborhood developments. I support the Chamber and the Builders Association concept - let the "market forces" shape the future land development in the Northeast Planning District. But I think a limited market analysis would show that the traditional neighborhood design concepts advanced in the plan by staff responds to a "new market force". Market acceptance and price premium can be expected when the Northeast Planning District builds out in accordance with the proposed land use plan. This leaves the remaining unanswered question raised by the development community. affordable housing. When will it be built ? Who will build it ? How much will there be ? Where will it be located ? Who decides what is affordable and who pays for it ? The Home Builders Association raised this question and the plan provides no answers. I recommend that where single loaded street subdivisions are planned development density lost should be transferred to more dense parts of the planning area. Moreover, where developers are willing to build affordable housing an additional density bonus could be granted. The plan should be clear about specific areas where affordable housing is encouraged in the mix of land uses. Finally, additional work is needed and your Council is wise to go slowly with the process and permit time to work with all aspects of the community. I applaud your efforts and support a future vision for the Northeast Planning District of Iowa City that advocates a vibrant local economy and a traditional quality of life. Thank you for this opportunity to participate. CC: Karen Franklin, Director of Planning- Iowa City Melody Rockwell John Beckord Dennis Spencer Press Citizen, Editor 2 aCLV. ER"I N~': 13EF_,S~-I GiN, VOLUME 4 * NUMBER2 TND price premium Astudy comparing four traditional neighborhood developments (TNDs) in separate regiort~ of the U.S. with nearby suburban housing pre- sented further evidence that buyers are willing to pay an average of $20,000 more for homes in communi- ties with new urbanist design. The premium ranged from 4 percent to 25 percent, averaging II percent overall. The study, by George Washington University Department of Finance re- : searchers, is a follow-up to a similar 1998 study which looked at the . Kentlands development in Gaithers- ~ burg, Maryland. Sponsored by the Congress for the New Urbardsm (CNU), and overseen by the Urban Land Institute (ULI), the follow-up study examines: Southern Village in Chapel Hill, North Caro- , lina; Harbor Town in Memphis, Tennessee; Laguna West in Sacra- I mento, California; and Kentlands (a second time). Sales and characteristics of single homes and townhomes in these TNDs from 1994 through 1997 are compared to transactions in sur- rounding developments. Researchers Mark Eppli, a profes- sor, and Charles Tu, a graduate stu- dent, control for factors such as house size, lot size, number of baths, park- ing, age of dwelling, number of stories, construction quality, and whether the home has a basement. After account- ing for these and other characteristics, the researchers [ound that consumers pay more to live in new urbanist com- munities due to their urban design. TNDs are designed to be walkable and compact, and to contain a mix of uses, a town center, an interconnected street system, and a high quality public realm. The premium in the four TNDs is $5,000 at Laguna West, $16,000 at Southem Village, $24,000 at Kentlands, {' and $30,000 at Harbor Town. Alter completing the 1998 Kent- lands study, Eppli was cautious. Now 8~ EEVELGP-MENI"O:F HUMAN-SC:A-L_E NEIG"H-BLO:R'HOO, D~SE _.. MARCH ,, APRIL !g99 he is more confident. "The premium is really occurring, at least it is occur- ring in these communities, and they are located throughout the United States," he says. He adds that the price premium is large enough to be 'sta- tistically significant." The study was reviewed by ULI and CNU experts. The communities studied have been under construction for 5 to 10 years -- time enough for the urban design to have an impact on housing values (urban design often doesn't impact sales until streets and public spaces are defined). In addition to the four communi- ties studied, the researchers wanted to examine Celebration, Disney's new town near Orlando, Florida, and Northwest Landing, a TND in Dupont, Washington. However, both projects are selIing substantially dif- ferent housing -- in type and cost -- from other developments in their school district and local tax area, Eppli says. For the best results, TNDs must be compared to sales of similar hous- ing in the same area, he explains. The results of the study are good news for developers who are build- ing new urbanist communities, be- ~ cause it suggests that extra money put into better planning and a higher quality public realm pays off in higher real estate values. However, the re- suits should not be construed to mean that developers make more money building TNDs, Eppli cautions. The study did not examine development costs, absorption rates, revenues from rental property or other factors that determine profitability of a new ur- banist project. Because the results indicate that market forces cause home prices to rise in TNDs, they underscore the chal- lenges of offering affordable housing in these communities. However, Eppli and Tu did not examine the impact of apartments, condominiums or acces- sory. units -- housing .types that are abundant in TNDs -- on the the affordability of these projects. Also, new urbanists point out that if TNDs are planned and executed correctly, residents of these communities can re- duce their automobile costs. ULI plans to publish the study in May under the title "Valuing the New Urbanism'(price: $25.95 for non- members). Contact the ULI office in Washington, D.C., (202) 624-7000. ~ NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 20~ day of April, 1999, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider: 1. A resolution for annexation of approximately 5.55 acres located in the in the northwest quadrant of the-intersection of American Legion Road and Taft Avenue. 2. An ordinance conditionally changing the zoning designation of approximately 5.55 acres from County CP-2, Planned Commercial, to RR-1, Rural Residential, for property located in the northwest quadrant of American Legion Road and ft Avenue. .~An ordinance amending City Code suBsections 14-5H, Site Plan Review, and 14- 6S, Performance Standards, regarding lighting standards. Copies of the proposed resolution and ordinances are on file for public examination in the .office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time an;d place. MARlAN K. KARR, CITY CLERK ppdadmin/nph4*20.doc Prepared by: John Yapp, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319- 356-5247 ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE TITLE 14, CHAPTER 5, ENTITLED "BUILDING AND HOUSING," ARTICLE H, "SITE PLAN REVIEW," AND CHAPTER SIX, "ENTITLED ZONING," ARTICLE S, ENTITLED "PERFORMANCE STANDARDS," TO INCLUDE SPECIFIC REQUIREMENTS REGARDING ILLUMINATION AT THE PROPERTY BOUNDARY, THE MAXIMUM HEIGHT OF LIGHT FIXTURES, SHIELDED LIGHT FIXTURES, AND LIGHTING PLANS. WHEREAS, citizens of Iowa City have raised the issue of light pollution and glare as larger scale commercial development occurs in close proximity to residential development; and WHEREAS, light from commercial, industrial, or multi-family properties directed onto adjacent residential properties can be a nuisance; and WHEREAS, as more commercial, industrial, and multi-family developments are constructed, and a general increase in light levels occurs, light pollution becomes more of a concorn; and WHEREAS, requiring light fixtures to be shielded will prevent light from being directed onto adjacent properties. and it will help prevent skyglow and glare; and WHEREAS, requiring a photometrics plan, or lighting plan, with site plans of larger developments will allow for better planning of the lighting layout to prevent light pollution issues prior to a development being constructed; and WHEREAS, requiring light fixtures to be mounted a maximum of 25 feet high in residential zones and within 300 feet of a residential zone will set an appropriate light ceiling for a residential area, and will help prevent light from becoming a nuisance to residential areas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION Io APPROVAL. Chapter 5, entitled "Building and Housing," Article H, entitled "Site Plan Review," Section 4, "Submittal Requirements" be amended as follows: Ordinance No. Page 2 14-5H-4A(14) be repealed and replaced with the following: A detailed lighting plan and photometrics layout which shows the location, type, height, and intensity of all existing and proposed exterior lighting on the property is required for sites with parking lots of 18 or more parking spaces. The photometrics layout must show the foot-candles generated by all lights on the property. The lighting plan and photometrice layout must comply with the performance standards in Section 14-6S- 8. Chapter 5, entitled "Building and Housing, Article H, entitled "Site Plan Review," Section 5, entitled "Design Standards" be amended as follows: 14-5H-5H be repealed, and raplaced as follows: Exterior lighting shall relate to the scaled and location of the development in order to maintain adequate security while preventing a nuisance or hardship to adjacent properties or streets. Except for lighting of loading areas, service areas, and for architectural emphasis. flood lighting is prohibited. Lighting shall comply with the following requirements: a. Light fixtures in and within 300 feet of a residential zone shall be mounted no higher than 25 feet. b. Light fixtures not witl:tin 300 feet of a residential zone shall be mounted no higher than 35 feet. c. All lights of greater than 2,000 lumens, both pole-mounted and wall-mounted shall have shielded light fixtures or be equipped with cut off shields, so that no direct light falls beyond the property line, and no light shines above a horizontal plane through the lower part of the lumenaire. Light reflectors and refractors may be substituted for shields on ornamental and pedestrian light fixtures. Chapter 6, entitled 'Zoning," Article S, entitled "Performance Standards," Section 8, entitled "Glare" be repealed and replaced with the following: 14-6S-8: Illumination Standards. 1. Lighting rated greater than 2,000 lumens used to illuminate any operation, parking area, or for the external illumination of buildings and grounds shall be downcast and fully shielded so that no light shines above a horizontal plane through the lowest part of the luminaire, and no direct light falls beyond the property line. Light reflectors and refractors may be substituted for shields or shielded light fixtures on ornamental and pedestrian light fixtures. 2. Light fixtures used to illuminate flags, statues, objects mounted on a pole or pedestal, shall use a Ordinance No. Page 3 narrow cone of light that does not extend beyond the illuminated object. 3. Outdoor recreational facilities permitted by special exception may be exempt from specific lighting standards in Section 14-5H, Site Plan Review, and Section 14-6S, Performance Standards, provided the Board of Adjustment approves the lighting plan as part of the special exception approval for the use. 4. Illumination shall not exceed 1.0 foot candles at property boundaries of multi-family, commercial, and industrial uses adjacent to or across the street from a residential zone, or a neighborhood commercial or office commercial zone. Chapter 6, entitled "Zoning," Article S, entitled "Performance Standards," Section 1, entitled "Compliance with Provisions" be repealed and amended to include a reference to multi-family uses as follows: 14-6S-1A. New Uses: any use established in the commercial or industrial zones, or in a multi- family zone for the Illumination Standards in 14-6S-8, after the effective date hereof shall comply with the minimum performance standards contained in this Article. 14-6S-1B. Existing Uses: Existing commercial and industrial uses, and multi-family uses for the Illumination Standards in 14-6S-8, which are not in compliance with the performance standards contained in this Article are exempt, where a use did not comply with performance standards in effect pdor to the effective date hereof (see Section 14-6T-2 of this Chapter). Conditions which do not comply shall not be increased in scope or magnitude. Such uses shall be permitted to be enlarged or altered, provided the addition or change conforms with the applicable performance standards. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of ,1999. MAYOR Ordinance No. Page 4 A'I'rEST: CITY CLERK p~uved by .~ plxladmiNord/iigffing I~SCIENCE ON PARADE BY DAVID H. LEVY FAR AWAY IN SPACE, AT THE very edge of our ~ Univene, a star has run out ofgas. Withno - hydrogen left to turn into hdi- mn--aso~rSunhasdonef~bil- lionsofyean--d~starhasbei~ ;tr.a~ily heating up, turning its hdimn :nto the heavier clen~ent ca/bon, tb~n nto silicon and evenmaUy to iron. With ton, the process stops d=ad. Iron ~ lot ~ in[O Illy~hin~ k-~vjer. 'The ~ ;ending the rest of the star's matter ,losion of a supernova. Its brightness is qmvalent to 100 billion normal su~s as : sprays into space the carbon and other Meanwhile, the stat's prodigious light ushes onward at 186,000 miles per sec- nd--that's seven times the distance round the Emffi every second. It travels ~, until some ofit finally malms its way :~to our own galactic system. And af- .~r this incredible journey, a small mount of the supemova's light reach- s Earffi to tell its ancient stoPy. But few of us wig ever see this cos- II Th~ U,S ahl2ze v, fth h;~ht ThIS compos!te p~ctu.e prepanecl' the Sky restend ol on the ~~~iamofa - ' ' ', o ~ -. ~". :' i light that Mooits tim night sky ..,., , -~ ~ -~ - , -.- · -- - : fi~fn4~ltuPimndweli~ln " - ~:' ' ' i Tu~son, Aa~,itsmhmsbeen ; .-,', :. '. --.. : ~a, iki~I, Withlk,~l~m~e _. . . . ; sbeetli~r~thanade;Meag~ · ~.~---__~ ...... -~, ; I~m st~angth of the glow ~v~ the · - ~ { dt~ has ha~ll~ inuae~.ed st all : of the Bnvi~.=.;.d~l ~ Age, whose Eneqly Sta~ : pPoteam helps indusi~y beoome ; efficient outd~ lighting,' says : Cla~k Reed, a peogram mannlle, erly lhat does nothing but light np the ! qi&q~t pollutioe is redueNI. And David C.~wford o~ the lnternationsl INfllUtiOn iS Peduoed as well* For ief~tion about the Dadr.-Sk7 .A-scti~im Ali ~ ~ Viiit pie nTing to light np ~d~_'s backyaxb--; ID~ 3~s N. r,.ot Ave., Dept. P, ~: Tuc~ ArLz. 88719. ~ Ifyouka~eavardllghti,v. te'ndedto~Lv. couragfUitnkde~,tryan ~,~ ~ '7o re2ute~cm~7:tave ~ co~t~ high-aadlo~,- ~ ~I~CIENCE ON PARA .cTedibleeventslakingplacewithinit. Aunnty ago, it was possible for most people, even in cities, to look up into the night and spot stun, bright andfaint, andevmcan:ha_s,.m~eofthe Milky Way. No mozt In most cities, ouutoor lighting is so I~.'ght and full of gla~c that all but the brigblest stars ate It doem'tbave tobe lhat way. When light shines into the sky, it does nothing but brj~ the sky. Such ]j_,vhlln~ does ~o~ mslc~_ our sixeels safer. It does pte- vent us from enjoying lhe nigbtlky. The problem is acute for n-U~u~.,a, who a few ~ ago simply accepted the inca?.ase of city lights and bttLtt their observatories on distant mountaintops. While we are more conscious of the environment than wewetealenerajon ago, nmnypeople~lminan- DE aware that tmwanted ~ at night, andtbe wrtmg kindof lighting, is afonn dpollmitm. ~izylxdlm. Glare is whatp~'~ycm cover your eyes to avoid the exweme brightness of lion to Ihemselves rather than io what a hindnmce to safety, providing shad- owy areas where acrook can bide. A "Unshieldetr light fixtures ate an- / otberptoblem. Alightslsxddehlreonly Lighting engineen call shielding that accomplishes bon' bedmoms or get wasted into tlae sky. Andfi~y ally committed at slzeet level, not 30 feet in Ibe air. Are you bothered by your neighbor's porch light ghining inlo yOuF window? '[llat's called "light tfcs- pau."ln Australia, lighxnzspass is illegaL lnthe U.S, a number of cities and counties have enacted "light pollution" laws designed to comrol where outside and summnding Pima County, Ariz. There, it is ille- gal to sell or use a light 1tat shines higher Ihsn ilself (that is, you shoeldn 't be able m see the imlb from a eode, the cottnty gtves the ofi~xlingpwperty ownefa The effect of light pollution goes weU beyond anditis a shame tlmt so many of us will notseewhat was a birthright of earlier genenfi~ cent darkness that lets us capture the distant rays of a supemov~ Let's hope you nevu have to tell your r~a=ddniklten: ~hce upon a thne there were stars in the sky that everyone cotrid see." Hew T0 Be an Experl Ou d00 tiebrine | f _ . 'e lteed lightinll ~ ettea leek Ire paekj.t lotsanddonotpeqxluoellaeeoeqllbtt. u~p' ~mwa~fpeenttmmtlutMMaddbeitloelMitlt. · eBy fm, themomt L' I~ MIMientithtslee le:/~ I~rv~ ' L ~ mmmmt ad~4t y:llewglme, bl ,r'i wusing Umm tmms~amM '! tmmdmnmzve,-/mnmmountotmetmmmuasamhUnm i) gimmmmmmdee~Tmmmmmummm~rmtmm .~ toPr- '~ dialmlmsmtSllbttntMmmmmmWdtjelumtmm ~ bm~lhta. m.ltwm Tm _mmmmu Hs)mimlm toP-mmJo,.m ~ ot'tlm lil~mtm bmlow. ff'~mm em mmm wdl- ~ Ntmbmuottlmlmmmlmlil~dtqlUmm, ~ tmm nlMmmme dmme mmmm. imm. ff~emm ee ~i mmtmmm!iymmmtlmlmlm, ttmy'mlitNUq~ :4, upyoepimmtoPnoPeemonandwastlat ) emml~.lnTuemm, lillM2~ooab~isuo good,~sfewdl~r I ~ slatallgN~a~,litP mmmmm,mma. ~ 8ndAPizalmhBve"lldl tlmeamm, l. elt: ! mtBfi'llieldedfixtuees 'rmmemmm i tlmtmm, emm.the allhtm~ ,M, . David H. Levy, PARADE~ Science F_,d~r, is the audwr of 20 bwluding "Comets: Creators and Destroyers" (Touchnone). He is also tlae discoverer of 2] come~s. PmU.NOVBiIERIR. m .Prom Received from Ron Vogel regarding memorandum on proposed lighting standards. Light level at property boundary 1.0 foot-candle is too high for residential areas. With 1.0 foot-candle of light shinning on your property you can't see the stars or someone walking on the sidewalk if the light is coming from the general direction of the person. Direct and Indirect light The distinction between direct light and indirect light is insignificant if the shield is a mirror, or if the light source is so intense as to cause the reflected light to be high. A maximum reflectivity could be specified for the reflector material or the source intensity of the reflection could be measured and specified. (More on this is the section on enforceability.) "Spilled light" Referring to the bottom of page 1. Light do.es "spill out" from under canopies. It reflects off cars, gas pumps, the ground, and snow in the winter. With intense lighting, these objects act as secondary sources and should be considered direct light. Enforceability {light intensity and source intensity) Concerning the enforceability of light levels, there are two types of measurements of light, luminous intensity or light flux, and source intensity. An excess of either one can be annoying. Light flux, from all directions, raises the level of ambient light and causes the pupils to contract, making the eyes less sensitive to images. Source intensity is annoying because the eye focuses the source on the retina and causes a bright spot there, which again makes the eye less sensitive. This is the reason there are dimmers on automobile headlights. The luminous intensity in a car due to the headlights of another car at a quarter of a mile away would be far below I ft-candle, yet it is nearly impossible to see objects in the general direction of the headlights. Most light meters measure either one of these quantities so it is just as easy to enforce one as the other. The light levels at a property line are fluxes, which can easily be measured; but just as easily measured is the source intensity of true sources or of reflections. Reflections off of objects illuminated by intense light should be considered as if it were direct light. Pages 3 and 4 do not address this. Enforcement Enforcement is the most important part. Some time ago we called the City to make light measurements at the boundary of our property, which measured around 2 to 3 ft-candles, and they would not do it. Will they City enforce the new ordinance? Lights in Public Zones Concerning the section on "Lights in Public Zones" on page 4. Why the hesitation to regulate lighting on public grounds? Light is light. It's not less annoying if it comes from public grounds. In the case of the tennis courts on the City High grounds, the City is insisting that the lights be on from twilight until 9:30 at night from the beginning of April to the end of October. This is no longer a sports field that is used a few times a year. This is a constant annoyance; and, since the City is part of the cause of it, why don't they help provide some relief? Robert S. Olick 2002 Dunlap Court Iowa City, IA 52245 (319) 35t .I 764 20 April 1999 City Council of the City of Iowa City 410 East Washington Street Iowa City, Iowa 52240 Dear Members of the Council: Attached to this letter are the remarks I had planned to make during this evening's public meeting concerning proposed lighting regulations and standards for the City of Iowa City. Unfortunately, the press of other business and obligations that have just arisen prevent my attending the meeting. I hope that you will nonetheless accept these remarks as part of the official record of your deliberations on this matter. Please feel free to contact me should you have any questions. Very truly yours, Robert S. Olick Attachment Prepared Remarks of Robert S. OliCk Regarding Proposed Lighting Standards for the City of Iowa City Meeting of the City Council of the City of Iowa City 20 April 1999 Good evening. Members of the Council, my name is Robert Olick, and I am here tonight with a number of my neighbors to voice our support for the city light regulations and standards you are now considering. I am one of nearly 40 people who signed a petition this past February objecting to the installation of lights on the Iowa City High School tennis courts. We know what light pollution is. These lights do not merely touch upon our property line; they intrude into and indeed through our home. Like other members of the community who find light from neighboring businesses a trespass and a nuisance, we are directly and negatively impacted by light pollution. In fact, the power, glare and height of the tennis lights far exceeds that of the business locations the city has identified that would not meet the proposed standards. Our situation involves an even more serious nuisance and a more offensive and outrageous invasion of privacy. But I am not here to plead our case before you. We continue to believe that the school board can and should resolve this situation, though the board's recent retreat into silence is inexcusable. 2 I do want, however, to identify three points of connection which have wider implications for the issues before you and which warrant your consideration and action. First, I urge you to extend the regulations to set standards for public, not just private, properties. If this is on the Council's agenda already, as I believe it is - make it a high priority. Failure to do so sends a disturbing message: Private business has a responsibility not to pollute; but public property - and public officials - are free to create light pollution and trespass upon their neighbors without restraint. How can the city set standards for private business while exempting itself from these very same standards? Second, and related, as you know the city has contributed $10, 000 to the lights project at City High, and is under contract to share the ongoing expenses for use of the tennis courts. The city's participation in this project should have gone through a Special Exception approval process before the Board of Adjustment. It did not, perhaps because City High is not designated a public recreation facility. But this leads to the following question the Council should consider and answer: Can the director of Parks and Recreation subvert a lawful public process by striking a private deal to use city tax dollars to turn school grounds into evening recreation facilities for the public? Failure to reign in such unbridled discretion allows the same offenses to be committed again, and endangers public trust. 3 Finally, there is apparently some question as to whether the lighting standards will be applied retroactively. They should be - and the reason is simple. To "grandfather in" existing lighting not in compliance with the new standards gives free license to engage in continuing trespass and continuing nuisance. It does nothing to redress the harm done - and that will continue to be done - to directly affected residents and the larger community. We do not say to the polluter -- "it's okay that you have polluted our air, water, homes and community. We'll live with the consequences, just don't do it again." We require that the polluter clean up the mess. Modifying lights is an easy fix - an easy clean up - and would make a significant, positive impact on the Iowa City community. I thank you for your consideration of these remarks, and urge the Council to move forward in its efforts to improve the quality of life for all in Iowa City, including those who make their homes near public lands and facilities. Submitted by: ~ .~~ Robert S. Olick October, 1998 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY COMMUNITY SCHOOL DISTRICT FOR THE LIGHTING AND JOINT USE OF THE CITY HIGH TENNIS COURTS In keeping with the spirit of the "Cooperative Agreement for Joint Use of Facilities" between the City and the School District, which has been in effect since 1983, the intent of this Agreement is for the City, the School District and the City High Little Hawks Club to cooperatively provide lighted tennis courts at City High School for use by constituents Of the Iowa City Community School District and the general public. It is agreed between the Iowa City Community School District and the City of Iowa City as follows: 1. The City shall contribute $10,000 toward the cost of the purchase and installation of sports lighting on the six (6) tennis courts at City High School. 2. The tennis cOurts shall be available for use by the general public when not in conflict with school-sponsored practices, matches, classes, maintenance efforts or other events. 3. Weather permitting, the courts shall be available for public useApril through October of each year excluding those times when the courts are being utilized for school-sponsored functions. 4. The lights shall be available for use until 10:00 p.m. each evening. 5. The City shall share equally in the purchase of tennis nets; the City and School District agree that utility expenses may be cost shared between them in the future; the School District shall be responsible for maintenance expenses; the City shall pay for repairs to anything damaged during City-sponsored activities. 6. Any provisions not specifically addressed in this agreement shall be covered by the "Cooperative Agreement for Joint Use of Facilities" between the City and the School District. Date Barbara Grohe Superintendent of Schools Date Petition Concerning the Installation of Lighting for and in the Area of the Tennis Courts at Iowa City High School We the undersigned residents of the homes and neighborhoods adjoining Iowa City High School request that the school district reconsider the installation of lights on the tennis courts at the high school. The school district should now take into account a cdtical aspect of this project previously excluded from the deliberative process: The shared concerns of the community directly and adversely affected. Our concerns include, but are not limited to, the following: 1) The traffic and activity which after dark tennis is intended to promote will disturb and intrude upon the quiet enjoyment of our homes, as will the fact that the lights shine directly on and into a number of our homes; 2) use of the courts and surrounding area will increase the likelihood of trespass upon our properties; 3) the light poles, which stand approximately 50 feet high, pose a safety hazard, including the fact that they are placed within 20 feet of major power lines; 4) the lights shine far and wide, creating a traffic safety hazard on nearby streets; 5) the lights are the type designed for football and softball fields and are simply inappropriate for tennis courts, particularly when those courts are so close to residential properties; 6) the potential decline in property values; and 7) no effort has been made, in the planning process or subsequently, to abate any of the adverse affects on our neighborhoods. We therefore respectfully request that the school board reconsider the merits of this project, with full review of all relevant factors. This review should include a feasibility study, which must include full and serious consideration of the adverse impact on our communities. Dated: __ February 1999 2 August 2, 1996 Pear Cir,y HIBh Nel6hbor, CITY OF I0 WA CITY You have r~cently r~cumtj a surv~j rt.~jardln~J noise een~rat~d ~om In r~nalng ~ ChaC ~u~, ~u had Inalca~ ~haC ~u wan~ ~ be n~ as ~ ~en a ~ollow-u~ m~ln6 ~uld occur b~n ~ nolehbo~ and C~y HI6h has b~n ech~ul~ for Tuesday, August 15, 1996 sna ~11 eCa~ at 7~0 FM. ~e m~lne ~11 b~ held in Ch~ ClOy Hi6h Gymnasium Foyer ~ich Is leca~ n~ar ~nlo ~u~e. Your pa~lclpaCion a~ inp~ tn~ ~1~ m~in6 is w~l~m¢ and implant. All A v~ b~ ~umma~ ~ Oh8 5u~ rs~ulC9 ~8 eu~ wae mailln8 ~ 1~ hou~holae ~o Iiv8 In cI~8 proximity Annoyance L~vel · Forty-two (56%) said iC was 'never annoying". · 5~vent~-n (22%) found It "seldom annoying". ~; · EIght (10%) rcepondr~l ChaC Ir, was "somewhat ~ ~ ~ ~ o nno~ne · Nine (12%) found f'C "very annoyinS". · One (1%) responded "no opinion". Causes of Annoyance 5potsine ~venc rCporCln~j (10) and music piayP_j over r~e loudspeaker (9) w~ ~ ~ ~c ~u~cly nam~ causes ~ ann~an~ au~ ~ ~e e~kr e~m. ~m~ ~ e~c ~, fuch as ~ball (4), baseball (2), ~ball (1), and ~r (1). A few rcspona~nr,s cFr~d spP_~lfl~ ~in~e when ~iec b~m~ ann~. One said on~ ea~ ~ 9 PM a~ ~ ea~ ~ a~ 10 ~ ~c ~i~ b~m~ a ~bl~m. Four reeponaenr,s sald chat; band Faceice was a problem, and one spechclcally said char, band Fact;Ice. eepr. clally She drums, b~or~ 9 AM was a problem. However, six respondenOs commenr,r.a that they enjoy listshine t,o ch= band pracT,{c=. 5uSeear,lone ~o All~vhrr~ 'ch~ Frohies F, eerx>ndenCe off:erP.,a a wide vaHcT, y eft: suCCesSIons for all~vlar,lne She noise problem. The rnoer, common sueSeer, lone were char, she volume could be lowerr, a, and char, chose bo'r,h=rt, d by 'ch= EAST IAIMINOTON ITItEET · IOWA CITY. IOWA 53240o1126 · {31l) 3lt-$ll0 · FAX (319) Ill-lie9 noise shoulcl move frown the nelghborhoocl. foliowine table. !~esponclenl; suggestions are summarized on the Suggestions Lower volume Move from the neighborhoocl Ellminat~ music Rioyell over louaspeak~P9 Close Mnclowe and aoors Repoeltlon speakers Turn up TV volume or take a clrfve flant more Crete Move bona Factlee to af'r~rnoon KccF noise clown after 9 FM Fubllsh n~vel~,t~r ~xplainlne when Iouaspeaker will be use~l ancl for whaC ~vent Number Responclents 5 2 2 2 1 1 1 1 1 High Annoyance Locations B~.ause they cllcl not chose Co separat~ the shP,~ with their acidrest fYom the ~u~etionnair~, it wa~ ~esibl~ ~ aec~ain th~ location ~ 5~¢n ~ the r~e~na~nte ~o eta~ ~at th~ ar~ 've~ annoyS' ~ Io~ep~akr nole~ ~m aChl~lc ~lae. Four ~ three hom~e, all ~ ~ich airily aajein ech~l Saunas, ar~ clue~r~ alone 3ra ana ~th Avenue5 ana Punlop CouP. On~ hom~ was Iocat~ alone let Avmu~ ana two amuna Gl~naal~ T~ac~. Furr, her Comments Several residents wrote c~mments which are not fully captured in the above summary. 5ix stated how long, from 14 to 32 years, they had enjoyed being a neighbor to the high school. Four enjoy healing the pleasant, welcome sounds Of the echool'e activities. Five inclicated that the high school was there long before the homes, and one i5 "angry that complaint5 have been Ioclged". Copies Of the completed, confidential surveys are available to both neighbors ancl City High representatives. If you have any ~Lueetlons about the survey reeutti or the rnecting scheduled for August 1:~. please feel free to contact rne at 3~237. cc: Karen Kubby, Clty Councilper,on Stephen ArkIns. CIty Manager Iowa plnlo City Press-Citizen Our view Notification is at least a courtesy What a wonderful com- munity project! Volunteers raise $25,000 to provide lights for City High's tennis courts, so stu- dent-athletes can practice at night. Iowa City contributes $10,000 to the project. The lights are installed. One problem. No one bothered to tell the neighbors that their bedrooms would have additional lighting. Oops. Several factors come into play: I The Iowa City School District is exempt from zon- ing regulations. I There is no city require- ment for notifying the public of lighting installation. · There are so many school projects. it's not typi- cat to notify neighbors of them. Some of this makes sense and some doesn't. But let's all agree on this one point: School diswict or not, when a public agency or organization does something that could create problems for neighbors or the public at large, it at least owes those people some warning. It at least owes them that courtesy. Whether it's required by law or not, whether it's typi- i The issue: m Neighbors complain about impact of new school district tennis court lights, We suggest: · There's no excuse for neighbors' lack of notifi- cation. Next time, tell people when a public project is going to affect them, cat to do so or not. People who are affected by public projects at least ought to have the opportuni- t).~ to comment on them. to make their feelings knob'n -- even if nothing changes. But the deed has been done. with no regard for the neighbors. So it's time to fig- ure out hob' any impact can be lessened. Maybe nothing can be done. But city and school district officials owe it to the neighbors to explore all pos- sibilities. And the)' also owe it to the community to make sure this doesn't happen again. It doesn't have to. It shouldn't. Next time, make a feb' phone calls and send a feb' letten. lt's not so tough. Light debate continues Neighbors irate Olick is one of 10 resi- over addition den of · e ~nnis courts who to s cou expressed di~p~in~ent a~ut ~e ~ ~y d~- ~ Press-Citizen ~n ~igh~ ~d ~h~l Ro~H O~ck had ~s ~k ~s~ct officiMs. to a window at ~s 2~2 ~eissue: Nei~wen ~ Co~ home ~y not ~ven p~ ~ a~ut ~ght when he ~e n~ly $25,~ project ~hool$ realized ~e at would l~ sm&nB ~d Ci~ ~ en- ~siden~ to play ~ ~e ~ ~s co~ ~gh~ were ~ on at ~ghL for ~ ~t ~. Je~ PM~r, ~sismt He ~d not have m i~k su~n~nt f~ ~ Iowa ou~ide to notice ~e bright- Ci~ Sch~l Dis~c~ ~d ~ hess of ~e six, 50-f~t ~les co~ ~gh~ w~ld ~ on ~fil supporting 1,~-watt fix- 10p.m.~Ap~lm~t~r. Lights From 3A the lighting would cause. "You're using my tax rnoney to do a project that has a direct impact on me," said David Woodruff. of 2004 Dunlap Court. 'Thirty-six thousand watts of lights are shining on the back of my wincloy,. I have three heavy cur- tains on our bedroom window and the lights come through. "Did it occur to you that we may have an interest in the projectT' Garl McLaughlin, City High boys' tennis coach, said the lighting will allow more practicl time for players. About 60 students participate in ten- his, which he said would allow them all -- not just the best players -- a sufficient amount of court time. "I realize that I'm probably being selfish;' McLaughlin said. "l'd like to have the kids to be as good as the): can possibly he:' However, some residents disagreed on the purtxr~ the lights would serve. "'These are not for the high school kids at 10 o'clock at night. These are for the adults:' Sally Sutphen. of 2002 Dunlap Court. "You can't mix in any high school students and say this is for the good of the high school students. when this is clearly for the good of the parents:' Duug Boothroy, director for the city's department of housing and inspection services, was not at the meeting. However, he said earlier Thursday that there is no city require- History How the City High tennis court lights came to · Project discus~N:l for about !hree y~am. · This spring, the Little Hawks Club, fund-raising arm of the booster dub, granted approval to raise funds for lights. · Club submitted idea to City High Pdndpal Trudy Day. · Day submitted approval to Iowa City School District's Voluntary Contribution · Funds for project, $24,915, privately raised. City agreed to contribute $10,000. Projed went to Supedntenclent Barb Grohe and district's ,~>un- detion director, Linda Datroy Alexander. · Project appmved by Iowa City School Board in late August or eady September. ment about public notification for !ighdng installation. That fact, fi'K~ugh, was unaccept- able to the residents. Mchughlin said 94 percent of the lights face the courts along the south side and that 30 pine U~es will he planted for landscaping. However, Sutphen said it could be, 50 years before the)' gro~ the lengffi', of the fence. The light poles are tall~t Ihan the fence around the courts. Susan Mires, president of the Io~.'! City School Board. said she thought' the residents should have been corl1''. meted about the lighting project. lights were turned on Thursday to test. However, they will start being turned. on for two hours each nieht in April/" ' City High parent John~Baimer. wh~L" headed the fund-raising for the project:' suggested tr)'ing the light~ for one ten- nis season, which goes from mid-- March Io June 15. However. Olick said the neighborhood does no~ want to wan that long to tr)' to roselye the issue. "We are viewing this:' he said. "a~ the beginning of a constructive coll- versation:' Residents left in the dark'by lighting plan The Press-Citizen New termis court lights at City High have generated con- .oi=, safety problems from some neighborhood residents. A meeting between parents and ac~strators p.m. Thursday ar the school to discuss the situation. In the past. week, about I0 homeowners in the area signed a petition that Iowa City was- hand- ., delivered to City High ~inCipal Trudy Day and ]owa City ~hool _~,'trict Assimant Superintendent Jerry Patmcr. The petition also was .mailed to .school board Presidem Susan Mirns. Robert Olick, a resident at 2002 Dunlap Court -- which is directly south of the t~nnis courts -- said be and his neigh- bors were not no~fied of the te~i-~ lights pmj.ect until two about this. We we~ _~t--n corn- pierely by surp~," he said. ,A failure to notify or involve neighbors involved is a breach Robert Miklo, senior planner with the city's planning commu~ nity development department, said the school district is exempt from zoning regulations. Doug Boothroy, director of the city's department of housing and inspection services, said them is no city requirement about public notification for -Palmet said that because 'there are so many consnuction projects a~ schools, it is not typ- ical for the district to notify "several y~ars old," said John Balmer, a panrot of two City $24,9 15,'was rakscd privately by a volunteer group of City High Balmcr said the lights good because they would give ~ to practic~ and more stu- dents an opportunity to pardci- See LIGHTS/4A Lights From 1A pate. The teams have used courts at Mercer Park to practice. "While I live in the neighborhood, I personally don't think it will be a problem. I don't want it to be a prob- lem:' he said. However, Balmer said he takes responsibility for not notifying nearby residents about the project. "It was a judgment call:' he said. "Frankly, we were under a time dead- line. We felt if we didn't get it (fund- raising) done this sunm~r, we would never get it done:' City High has lighting for football and softball. While the tennis court setup will add to the amount of lights, Balmer said he would rather see kids play tennis than causing problems. "If I truly thought this project would have damaging effects for the neighborhood, I would never have done it," he said. The installation of the lights started in the fall, Day said. The only un~n- ished part is the underground wiring for the lights, which she said is expect- ed to be completed next week. The tennis court lighting is only expected to be used from April through October and will be turned off at 10 p.m., Batmet said. "When you get into daylight sav- ings time part of it, they would be on one and a half to two hours at the most," he sald. Terry Trueblood, director of the !city's parks and recreation depart- merit, said he feels the lights are a good idea. "We're helping pay for the lights in exchange for public use of the courts during non-school functions, which we feel is a good bargain;' be said. WEDNESDAY, December 2, 1998 What's next · The informational meet- ing on the City High tennis court lights will be held at 6 p.m. Thursday at the school in room PE01. The city is contributing $10,000 to 2- the project. However, Trueblood said, the school will he given priority to use ~; the courts. Day said the two of the six light ~ poles also will provide security for a '~ parking lot. "I don't have any objection to:J security in the parking lot," Olick said. ;; "But one source of concern' is that q these are not ordinary tennis court ~ lights:' "~ Olick, who said the lights would be :i shine on the back of his home, q described the size of the light poles as ,5 equivalent to those designed for a football field. Todd Stych, a ~presentative for 9 Musco Lighting in Muscatine, which ,i manufactured the City High tennis T lights, said the lights arc designed to v produce less glare. Tennis lights, he ,a said, are 1,0(X)-watt fixtures. Football is much shorter distances, therefore not creating much unwanted spill An additional anti-glare feature can be added to the lights, he said. Still, the lights r~main a concern.~ for Gloria Dunlsp, who lives at 2018 ,q Dunlap Court "We have a terrible time with stu- dent parking now:' she said. "It would .q be worse, partly because of the lights.-,d They (the school district) should have had a hearing and consulted the prop- . erty owners before they decided to do this:' 7 December 1998 To the editor of the Press-Citizen: My neighbors, my wife, and I attended a recent meeting at City High to discuss the just completed installation of lights around the City High tennis courts. The six 50 foot high, $24,915 lights generate 36,000 watts of illumination just a few feet from our homes. They will be used from the beginning of April to the end of October every night till 10:00 PM. They lower our property values and negatively affect the quality of our lives. We will never enjoy another summer sunset. The lights will shine in our eyes. We wanted to know why we were not given prior notice of their in.qtallation. We were especially interested in this question because of an August 13, 1996 meeting we had with City and School offici31s. A survey had been taken that s~mmer and 36 out of 75 households said they found noise from the high school annoying. At the meeting we discussed the late night lighting and noise problems that have worsened over the years because of the increasing student body population. Despite their prior knowledge of our concerns, no City or School official consulted residents near the tennis courts about the installation of the lights. When asked why. the principal and assistant school superintendent gave no response. A City Recreation and Parks official said he may have thought about notifying us, but he wasn't sure. A School Board member said that they consider many school construction projects, and they didn't think of notifying us about this one. Apparently, thee have no policy concerning prior notification of residents adversely affected by school construction projects. The tennis coach said that we were the ones who bought houses near the school. I had heard that statement at the previous meeting. Its implication being that once you buy a house near a school you give up all your rights and deserve no consideration. I feel we still have rights and deserve to be heard, ARer the holidays, the City Counc~ and School Board should schedule meetings to hear our concerns. Their members, the City Manager, and school officials should visit our homes so they can see the effect of the lights for themselves They are using our taxes on projects that harm us. We deserve at least this much. Ron Vogel 307 3rd Ave. Iowa City, Iowa 52245 Dec. 14, 1998 City Council of Iowa City Civic Center, 410 E. Washington Iowa City, Iowa 52240 Councilors: Several recent confrontations between area schools and residences show that the time has come to include schools in the zoning regulations. There is plenty of precedent for this, it would not harm the basic mission of the schools, and if not done, the confrontations are going to increase. When zoning regulations first came into existence, no one imagined there was any need to include schools. School were places where students studied books, and it was desirable to be near them. Today, the advances in intrusive technologies and the lack of a neighborhood ethic on the pan of the schools makes them equivalent to the 19th century industry that zoning laws were directed toward. When the kids in the school I attended wanted to have a party on the football field, the superintendent simple told them no, that it would disturb the neighbors. Contrast that with the party held on the football field at City High. The first year, no notification was given, the amplified music continued past midnight. The following years, a notice, with no identification or source on it, was placed on the doors of neighbor's houses, but the amplified sound was the same as the first year. The various meetings the neighbors have had with school representatives about these things have turn into shouting matches with the school officials telling the neighbors to lump it or move out. The ethic has obviously changed somewhat. As the technology of lighting systems, sound amplification, and automotive equipment advances and the affluence of Iowa Citians allows greater use of these technologies, the intrusion will increase. A perfect example is a party recently held at City High. Someone called the principal to complain about the noise and received the usual harangue about lureping it or leaving it followed by the statement that these parties have been going on for ten years and people have endured it okay. That may be true, but the subwoofer only came into common use two or three years ago. Before the subwoofer, not much sound would have left the building, with the subwoofer, low frequencies are present that can go through walls with little attenuation. The purpose of zoning regulations is to prevent commercial or industrial enterprises from moving into a residential neighborhood and driving the residents out. The recent confrontations between schools and neighbors, whether over parking lots, traffic, lights, or noise, show that the schools have become as intrusive as commercial and industrial enterprises used to be. I have kept track of the sales of houses on the southern and eastern borders of the City High School grounds for the last ten years and the turn over rate now is about three times that of most East Side neighborhoods. An objective assessment of this; that is, without confusing it with school loyalty or support of sports teams, will lead to the obvious conclusion that the schools, due to changing technologies and the lack of a neighborhood ethic, must be subject to the zoning regulations like everyone else. Thank you for your attention. Sincerely, Ron Vogel NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 20t~ day of April, 1999, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Cler · t which hearing the Council will consider: ~.A resolution for annexation of approximately 5.55 acres located in the in the northwest quadrant of the' intersection of American Legion Road and Taft Avenue. 2. An ordinance conditionally changing the zoning designation of approximately 5.55 acres from County CP-2, Planned Commercial, to RR-1, Rural Residential, for property located in the northwest quadrant of American Legion Road and Taft Avenue. 3. An ordinance amending City Code subsections 14-5H, Site Plan Review, and 14- 6S, Performance Standards, regarding lighting standards. Copies of the proposed resolution and ordinances are on file for public examination in the .office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are enco. uraged to appear at the above-mentioned time and place. MARlAN K. KARR, CITY CLERK pfxladmin/nph4-20.doc Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 RESOLUTION NO. RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF AN APPROXIMATE 5.55 ACRE TRACT OF LAND LOCATED NORTH OF AMERICAN LEGION ROAD AND WEST OF TAFT AVENUE WHEREAS, the Knights of Columbus owns an approximate 5.55 acre property located north of Amedcan Legion Road and west of Taft Avenue; and WHEREAS, the Knights of Columbus have requested annexation of its property into the City of Iowa City; and WHEREAS, this property is contiguous to the corporate limits of Iowa City; and WHEREAS, the Johnson County Board of Supervisors and the East Central Iowa Council of Governments have been notified of the proposed annexation, and have made no objections. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The following described land shall be voluntarily annexed to the City of Iowa City, Iowa; Lot 2, Pine Meadows Subdivision, in accordance with the plat recorded in Book 32, at Page 37, of the Records of the Johnson County Recorder's Office. Said property contains 5.55 acres, more or less, and is subject to the easements and restrictions of record. 2. The City Clerk is hereby authorized and directed to certify and file the necessary documents with the Secretary of State, State of Iowa, as required by Iowa Code, Section 368.7 (1997). 3. Further, the City Clerk is hereby authorized and directed to certify and file all necessary documents for certification of the population of the annexed territory to the State Treasurer of Iowa, said population being zero. Passed and approved this day of ,19 ATTEST: CITY CLERK ppdadminVes~,nights.doc MAYOR ApproveS, : City of Iowa City MEMORANDUM Date: To: From: Re: March 11, 1999 (for March 18 Planning and Zoning Commission meeting) Planning and Zoning Commission John Yapp, Associate Planner ANN99-O001/REZ99-0003 Knights of Columbus annexation and rezoning request Staff has determined the easement necessary to accommodate future water and sewer extensions along the Knights of Columbus property. Staff is recommending that a 25-foot wide water and sewer easement be created along the south property line along American Legion Road as a condition of the rezoning. In addition, staff is recommending a temporary construction easement be required along the American Legion Road and Taft Avenue rights- of-way. These temporary construction easements will be necessary for equipment and labor to maneuver in when American Legion Road and Taft Avenue are reconstructed. Staff has also added the condition requiring retention of the evergreen trees along the west and north boundaries of the property, which was discussed in the March 4 staff report for this item, but was inadvertently left out of the recommendations in that staff report. The revised staff recommendation is below. STAFF RECOMMENDATION: Staff recommends that ANN99-0001, a request to annex [5.55] acres of property located at the northwest quadrant of American Legion Road and Taft Avenue be approved. Staff recommends that REZ99-0003, a request to rezone the annexation area from County CP-1, Planned Commercial, to RR-1, Rural Residential, be approved, subject to: 1) 45 feet of right-of-way being dedicated along the south side of the property from the centerline of American Legion Road and 45 feet of right-of-way being dedicated along the east side of the property from the centerline of Taft Avenue, and a 25-foot wide easement for future water and sewer extensions being dedicated along the south property line. 2) 25-foot wide temporary construction easements being provided along the south and east property lines to accommodate the future reconstruction of American Legion Road and Taft Avenue to city arterial street standards. 3) A sidewalk being installed to connect the Club Facility to the Barrington Road sidewalk at the time of construction, 4) The property owner paying ~395/acre in tap-on fees for water service, and approximately ~2,400/acre in tap-on fees for sewer service, for the number of acres 5) 6) 7) occupied by the Club Facility and parking area. Fees for the remainder of the site will be required at such time improvements are made which require water and sewer service. The special exception application which must be approved for the property to be used as for a Club Facility including a lighting plan, a landscaping plan including landscaping around the parking lot, and building design elevations which show how the building design is appropriate for the residential neighborhood. Only one access point being permitted to American Legion Road, and only one access point being permitted to Taft Avenue, to be located as far from the American Legion Road/Taft Avenue intersection as is practical. The continued preservation of the evergreen trees along the west and north property lines. ATTACHMENTS: 1. Location Map. 2. Annexation Exhibit. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development N LU rr C) I Z Z I I I s I % ' II II t IIIIllllllll {::: 'r_.. E <C LU ,.~URI? 31YdOd~lOO AIIO ffi401 p I= , --- -- . __. __. , __. .~ <1:: =r _j o ~ Rezoning Exhibit MMS CONSULTANt, INC ~: .at & ~ezon,.9 ,~e Pro~ct ~tle: M Iowa City, Iowa(319) 351-8282x 2 3-10-99 odd Par. ~t 2, Pine Meadow [ } * .o, ....t. Designed b~Drown b~ ~ecked b~~ Iowa City, Johnson County. Iowa G.e. dam A j STAFF REPORT To: Planning and Zoning Commission Item: ANN99-0001/REZ99-O003 GENERAL INFORMATION: Applicant: Contact Person: Requested action: Purpose: Location: Lot Size: Existing land use and zoning: · Surrounding land use and zoning: File date: 45-day limitation period: SPECIAL INFORMATION Public Utilities: Prepared by: John Yapp, Associate Planner Date: March 4, 1999 Knights of Columbus PO Box 888 Iowa City, Iowa 52240 Mr. Pat Harney 2771 Highway 1 NE Iowa City, Iowa 52240 Phone: 351-1954 Approval of an annexation of 5.55 acres and the rezoning of 5.55 acres from County CP-1, Planned Commercial, to RR-1, Rural Residential. To allow a Knights of Columbus facility planned to be constructed on the property to be within city limits and receive city services. North of American Legion Road and west of Taft Avenue. The area proposed for annexation and rezoning is 5.55 acres. The property contains a storage shed, the remainder is vacant; County CP-1 North: South: East: West: Residential, County RS Agricultural, County RS Agricultural, County A1 Residential, RS-5 February 1 O, 1999 March 27, 1999 A water main and a sewer main extend along the north side of American Legion Road to the east side of Barrington Road. It appears a development on the property proposed for annexation can connect services to these mains. Public Services: the City will provide Police and fire protection. Refuse collection will need to be provided by a private .hauler. Transportation: Access to this site is via American Legion Road. Physical Characteristics: The property is relatively flat and the majority of the property appears to just have grasses for vegetation. The west and north boundary is planted with a row of evergreen trees. BACKGROUND INFORMATION: In 1991, The Knights of Columbus (KC's) were granted a rezoning from County RS, Suburban Residential, to County CP-1, Planned Commercial, for property located in the northwest quadrant of the intersection of American Legion Road and Taft Avenue. Along with the CP-1 rezoning in 1991, the KC's received approval of a general site plan for a Knights of Columbus facility. The KC's intend to construct their facility at this location as soon as enough funding is available. Even though the CP-1 zoning allows a fraternal organization facility, the KC's wish to annex into Iowa City to be able to have municipal services, and because they hope once the property is annexed their fundraising efforts will be increased. ANALYSIS: Annexation The Comprehensive Plan states that voluntary annexations should be viewed positively when the following conditions exist: 1) The area under consideration falls within the adopted long-range planning boundary; 2) Development of the area proposed for annexation will fulfill an identified need without imposing an undue financial burden on the City, or; 3) Control of development is in the City's best interest. Long Range Planning Boundary: The 5.5-acre property in question is within the City's long range planning boundary, which is based on the area able to be served by gravity sanitary sewer. The property is able to be served by water and sewer lines, which extend along the north side of American Legion Road to the east side of Barrington Road in the Windsor Ridge subdivision. Identified Need: The KC's are planning on providing a family-oriented facility with meeting and community rooms, outdoor playing fields, and possibly a swimming pool. The KC's have been without a permanent facility in the Iowa City area for a number of years, and have intended to construct their facility at this location. The City's Comprehensive Plan supports the integration of civic and institutional uses, and various housing types, within neighborhoods. If the KC facility is not constructed for some reason, the RR-1 zone allows detached single-family dwellings and farms as permitted uses. The RR-1 zone allows detached single-family dwellings with a maximum of two roomers, family care facilities, religious institutions, accessory apartments, and eider family and group homes as provisional uses. Club facilities are permitted by special exception only, which would need to be approved by the Board of Adjustment. Control of Development: The property proposed to be annexed is at an arterial street intersection, and with annexation will be subject to urban design standards. Control of development at this arterial street intersection is in the City's best interest, as the City will have more control over access points to the arterial street and the design of any facilities on the site. American Legion Road and Taft Avenue will likely be reconstructed to City arterial street standards at some point in the future. Infrastructure: The amount of infrastructure associated with the KC's development is minimal. The meeting hall and parking area is intended to be located on the western 1/4 of the property. The applicant will need to pay for the cost of all on-site infrastructure. The applicant will be required to pay water and sewer tap-on fees (~395/acre for water; ~-$2,400/acre for sewer) for the portion of the property to be developed. The City should have no capital costs as a result of this annexation; the only additional costs to the City will be the costs of providing municipal services. The property is accessed via American Legion Road, which although is an arterial street, has not yet been retrofitted with storm sewers and sidewalks. The City does not have a project to upgrade American Legion Road at this time, although it is expected to be upgraded at some point in the future. Currently, most of the properties on the south side of American Legion Road and east of Scott Boulevard are not in city limits. The applicant has agreed to dedicate 45 feet of right-of-way on the south and east sides of the property to accommodate the future reconstruction of American Legion Road and Taft Avenue as urban arterial streets with storm sewer and sidewalks. Traffic: Staff does not have a current traffic count on American Legion Road due to the limited development and traffic in the area. A 1994 traffic count on American Legion Road showed 1,560 vehicles per day. This count is likely to have increased somewhat since then to the Windsor Ridge neighborhood development on the north side of American Legion Road. While the KC facility will generate additional traffic on American Legion Road, the traffic impact should be no different if the KC's facility were constructed in the County. Water and Sewer Tap-on fees: The KC's are proposing to annex their 5.55-acre property. Because this property is on the edge of the City and it appears no water or sewer main extensions are needed at this time to serve it, Department of Public Works staff agrees that it is appropriate to exact tap-on fees for only the area of the site which will be developed, approximately 1.0-1.5 acres (depending on the size of the parking lot). For the portion of the site to be used as recreation fields, no tap-on fees will be required at this time. A Conditional Zoning Agreement and a Developers Agreement will need to state that tap-on fees for the remaining property will be required at the time improvements are made that would require water and sewer services to be extended. Rezoning The requested rezoning for RR-1, Rural Residential for the entire 5.5 acres is the least intensive residential zone that club facilities are permitted in. Special exception approval will still be needed for a Club Facility to occupy the site. The Comprehensive Plan encourages the integration of civic and institutional uses into neighborhoods. Given that this property is at an arterial street intersection, and is on the edge of a single-family neighborhood, it is appropriate for the property to have an RR-1 zoning designation, with the purpose being for a Knights of Columbus facility to occupy the site. Should the property ever develop residentially, single-family residential development would be able to occupy the site with a minimum lot size of 40,000 square feet. Other uses in the RR-1 zone allowed as provisional uses include detached single-family dwellings with a maximum of two roomers, family care facilities, religious institutions, accessory apartments, and eider family and group homes. These uses would also be appropriate at an arterial street intersection with proper site design. Compatibility: The property has a row of evergreens along the west and north boundaries, which provide a vegetative screen between it and surrounding residential land uses. The western row of evergreens is planted on a berm, which adds to the transition effect between this property and the Windsor Ridge neighborhood to the west. If the property is annexed and rezoned, staff recommends that one condition be the continued. preservation of these evergreens on the west and north boundaries. Photo 1: East side of Barringt~n Road Other compatibility issues involve the design of the facility, the size of the parking lot, and the lighting for the property. The applicant has not proposed a specific design plan at this time. Because Club Facilities are permitted only by special exception in the RR-1 zone, the KC's will need to submit a site plan to be approved by the Board of Adjustment prior to developing the site. The Board of Adjustment process is meant to resolve site design and compatibility issues. However, staff feels it is appropriate to spell out in a Conditional Zoning Agreement the issues that must be addressed as part of a future Board of Adjustment application. Staff recommends that, prior to any 'Club Facility' development taking place on the site, a Special Exception application must be approved by the Board of Adjustment which includes an appropriate lighting plan, additional landscaping around the parking lot, and a building design appropriate for being adjacent to a single-family residential neighborhood. 5 Access: The means of access to the property is a single driveway on American Legion Road. This driveway location was approved when the property was zoned to CP-1 in 1991. Staff recommends that the Conditional Zoning Agreement state no more than one access will be permitted to American Legion Road for the 5.5-acre property. It appears access to Barrington Road may not be possible due to the Windsor Ridge Association owning a strip of land between the Barrington Road Right-of-way and the KC's property. In addition, the planted berm along the east side of American Legion Road provides a buffer between the Windsor Ridge neighborhood and this property. If the property owner wishes to have an additional access to American Legion Road in the future, they would need to amend the CZA, following the same process as a rezoning. Similarly, staff recommends that the number of access points to Taft Avenue be limited to one, to be located as far from the Taft Avenue/American Legion Road intersection as is practical. Right-of-way dedication: To accommodate the right-of-way width needed for a future reconstructing of American Legion Road to urban standards, with storm sewers and sidewalks, staff recommends that the rezoning be subject to the applicant dedicating 45 feet of right-of-way from the centerline of American Legion Road and of Taft Avenue. The applicant will also need to dedicate an easement for future water and sewer extensions along the north side of American Legion Road, STAFF RECOMMENDATION: Staff recommends that ANN99-0001, a request to annex [5.55] acres of property located at the northwest quadrant of American Legion Road and Taft Avenue be approved. Staff recommends that REZ99-0003, a request to rezone the annexation area from County CP-1, Planned Commercial, to RR-1, Rural Residential, be approved, subject: 1) 45 feet of right-of-way being dedicated along the south side of the property from the centerline of American Legion Road and 45 feet of right-of-way being dedicated along the east side of the property from the centerline of Taft Avenue, and an easement (width to be deterrnine~ for future water and sewer extensions being dedicated along the north side of American Legion Road. 2) A sidewalk being installed to connect the Club Facility to the Barrington Road sidewalk at the time of construction. 3) The property owner paying ~395/acre in tap-on fees for water service, and approximately ~2,400/acre in tap-on fees for sewer service, for the number of acres occupied by the Club Facility and parking area. Fees for the remainder of the site will be required at such time improvements are made which require water and sewer service. 4) The special exception application which must be approved for the property to be used as for a Club Facility including a lighting plan, a landscaping plan including landscaping around the parking lot, and building design elevations which show how the building design is appropriate for the residential neighborhood. 5) Only one access point being permitted to American Legion Road, and only one access point being permitted to Taft Avenue, to be located as far from the American Legion Road/Taft Avenue intersection as is practical. ATTACHMENTS: 1. Location Map. 2. Annexation Exhibit. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development Zfl, i~V 0 / / . Sheet Title: 'V'e-,~,~,m~' M :u revise Rezoning Exhibit MMS CONSULTANTS [NC Pro)or Title: M IOwO City. Iowo (319) 351-8282 Por. ~t ~, Pine Meadow Iowa City, Johnson County, Ioe ~om '3A V .l_.lf .L ,~.IJtYl7 -'-'l l V'dOd~lO,.,O ,I,.LIO V~OI · ~ IIIIII IIIII :""' I 0 John Yapp City of Iowa City Planning and Zoning Department 410 East Washington Street Iowa City, IA 52240 Mr. Yapp, The Knight's of Columbus hereby request that the zoning and annexation of our property located at 4776 American Legion Road, be deferred indefinitely. Thank you for your consideration. Sincerely, Patdck Harne~'f~' President, Knight's of Columbus Building Association April 15, 1999 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 20~ day of April, 1999, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider: 1. A resolution for annexation of approximately 5.55 acres located in the in the northwest quadrant of the-intersection of from County CP-2, Planned Commercial, to RR-1, Rural Residential, for property located in the northwest quadrant of American Legion Road and Taft Avenue. 3. An ordinance amending City Code subsections 14-5H, Site Plan Review, and 14- 6S, Performance. Standards, regarding lighting standards. Copies of the proposed resolution and ordinances are on file for public examination in the .office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARlAN K. KARR, CITY CLERK ppdadmin/nph4-20.doc Prepared by: John Yapp, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 O~20~g 6f ORDINANCE NO. ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE ZONING DESIGNATION OF AN APPROXIMATE 5.55-ACRE PROPERTY LOCATED NORTH OF AMERICAN LEGION ROAD AND WEST OF TAFT AVENUE, FROM COUNTY CP-2, PLANNED COMMERCIAL, TO RR-1, RURAL RESIDENTIAL. WHEREAS, the Knights of Columbus, owners of an approximate 5.55-acre property located north of Amedcan Legion Road and west of Taft Avenue, has requested the annexation and rezoning from County CP-2, Planned Commercial, to RR-1, Rural Residential; and WHEREAS, the Rural Residential (RR-1) zone is consistent with the fact that municipal utilities are not extended into the property, and that the property is bordered by unincorporated, agricultural uses to the south and east; and WHEREAS, a club, such as a Knights of Columbus facility, is permitted to be established by special exception within an RR-1 zone; and WHEREAS, Iowa Code Section 414.5 (1997) provides that the City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, to satisfy public needs diractiy caused by the requested change; and WHEREAS, the owner acknowledges that certain conditions and restrictions are reasonable to ensure appropriate development of a club within a residential zone; and WHEREAS, the owner acknowledges that certain easements and right-of-way will be dedicated to the City to accommodate the future reconstruction of American Legion Road and Taft Avenue, and for future water and sewer extensions; and WHEREAS, the owner has agreed to develop the property in accordance with the terms and conditions of a conditional zoning agreement between the owner and the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. Subject to the terms and conditions of a conditional zoning agreement attached hereto and incorporated by reference herein, the approximate 5.55-acre property is hereby reclassi~ed from its present designation of County CP-2, Planned Commercial, to RR-1, Rural Residential: Lot 2 Pine Meadows Subdivision, in accordance with the plat recorded in Book 32, at Ordinance No. Page 2 page 37, of the records of the Johnson County Recorder's Office. Said property contains 5.55 acres, more or less, and is subject to easements and restrictions of record. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa to conform to this amendment upon the final passage, approval, and publication of this ordinance as provided by law. SECTION Ill. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this ordinance, the Mayor is hereby authorized to sign, and the City Clerk to attest, the conditional zoning agreement between the property owners and the City. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of this ordinance, and after execution of the Conditional Zoning Agreement, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and the Conditional Zoning Agreement for recordation in the Office of the Recorder, Johnson County, Iowa, at the Knights of Columbus expense, SECTION V. REPEALER, All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed, SECTION VI, SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional, SECTION VII, EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of ,1999. MAYOR ATTEST: proved.~ITY CLE~r~ It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: Ordinance No. Page 3 AYES: NAYS: First Consideration Vote for passage: Second Consideration Vote for passage: Date published ABSENT: Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City~') and the Knights of Columbus (hereinafter "Owner). WHEREAS, the Owner has requested that the City annex and rezone approximately 5.55 acres of property located in the northwest quadrant of the intersection of American Legion Road and Taft Avenue from County CP-2, Planned Commercial, to RR-1, Rural Residential; and WHEREAS, the RRol zone allows a club facility, such as a Knights of Columbus meeting hall, by special exception; and WHEREAS,' Iowa Code §414.5 (1997) provides that the City of Iowa City may impose reasonable conditions on granting an applicanrs rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the Owner agrees to use this property in accordance with the terms and conditions of a Conditional Zoning Agreement to ensure appropriate use of this property. NOW, THEREFORE, in consideration of mutual promises contained here,n, the parties agree as follows: 1. The Knights of Columbus is the owner and legal titleholder of approximately 5.55 acres of property located in the northwest quadrant of the intersection of Amedcan Legion Road and Taft Avenue, which is more particularly described as follows: Lot 2, Pine Meadows Subdivision to Johnson County, Iowa, in accordance with the plat recorded in Book 32, at page 37, of the records of the Johnson County Recorder's Office. Owner acknowledges that the City wishes to ensure the appropriate use of the subject property compatible with adjacent residential properties, and to ensure the subject property provides for the future extension .of water and sewer services, and the future reconstruction of American Legion Road and Taft Avenue to City artedal street standards. Therefore, the Owner agrees to certain conditions over and above City regulations in order to ensure the future development on the property is compatible with surrounding residential properties, and that provisions are made for future infrastructure extensions and improvements. In consideration of the City's rezoning the property from County CP-2 to RR-1, the Owner agrees that the use of the property will conform to all of the requirements of the RR-1 zone as well as with the following conditions: a, Forty-five feet of right-of-way shall be dedicated along the south side of the property from the centerline of American Legion Road and 45 feet of right-of-way shall be dedicated along the east side of the property from the centerline of Taft Avenue, and a 25-foot wide easement for future water and sewer extensions shall be dedicated along the south property line, to the City of Iowa City. Said dedication shall be made through the delivery of appropriate documents, such as quit-claim deeds and easement agreements, to the City within six months of the date of this agreement. Twenty-five foot wide temporary construction easements shall be provided along the south and east property lines to accommodate the future reconstruction of American Legion Road and Taft Avenue to City arterial street standards. Sand easement agreement shall be delivered to the City within six months of the date of this agreement. c. A sidewalk shall be installed to connect the club facility to the Barrington Road sidewalk at the time of construction. The property owner shall pay $395 per acre in tap-on fees for water service, and approximately $2,400 per acre in tap-on fees for sewer service, for the number of acres occupied by the club facility and parking area. Tap-on fees for the remainder of the site shall be paid at such time as improvements are made which require water and sewer service. The special exception application for the property to be used as a club facility must include a lighting plan, a landscaping plan including landscaping around the parking lot, and building design elevations which show how the building design is appropriate for the residential neighborhood. Only one access point shall be permitted to American Legion Road for the entire subject property, and only one access point. shall be permitted to Taft Avenue for the entire subject property, to be located as far from the American Legion RoadRaft Avenue intersection as is practical. g. The property owner must continue to preserve the evergreen trees along the west and north property lines, and shall replant such trees upon death of same. 4. The owner acknowledges that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code Section 414.5 (1997), and that said conditions satisfy public needs which are directly caused by the requested zoning change. 5. The Owner acknowledges that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this conditional zoning agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land and shall remain in full force and effect as a covenant running with the title to the land unless or until released of record by the City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successore, representatives, and assigns of the parties. 7. Owner and applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or applicant from complying with all applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property; and that upon adoption and publication of the ordinance, this agreement shall be recorded' in the Johnson County Recorder's Office at Owner's expense. Dated this day of ,1999. KNIGHTS OF COLUMBUS CITY OF IOWA CITY Patdck Hamey, President, Iowa City Knights of Columbus Building Association Emest W. Lehman, Mayor Attested by: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Madan K. Karr, City Clerk On this day of before me, , a Notary Pu~>li2i9n and f;3r the State of Iowa, personally appeared Emest W. Lehman and Madan K. Karr, to me personally known, and, who, being by me duly swom, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. passed by the City Council, on the day of , 19 , and that Ernest W. Lehman and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY ) My commission expires: On this day of , A.D. 19 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and , to me personally known, who, being by me duly swom, did say that they are the and , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for said County and State NOTICE OF PUBLIC HEARING Notice is hereby given that a public headng will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 20~ day of Apdl, 1999, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City. Council thereafter as posted by the City Boulevard at Washington Street. 2. An ordinance conditionally changing the zoning designation of approximately 14.91 acres located east of Scott Boulevard at Washington Street from Medium Density Single-Family Residential (RS-8), Low Density Multi-Family Residential (RM-12), and County Suburban Residential (RS) to Planned Development Housing Oveday (OPDHo8; 8.36 acres), Low Density Single-Family Residential (RS-5; 5.43 acres), and Low Density Multi-Family Residential (RM-12; 1.12 acres), and a request for a preliminary OPDH plan to allow 72 dwelling units on 8.16 acres. Copies of the proposed resolution and ordinance are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARlAN K. KARR, CITY CLERK For more information regarding Item 6g - Scott Blvd East Part 3 (Scott Blvd at Washington St) see Council info packet of April 9 IP1 /' O4-20-99 Prepared by: Scott Kugler, Assoc, Planner, 410 E, Washington St., Iowa City, IA 52240 (31 5243 RESOLUTION NO. RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF APPROXIMATELY 10.3 ACRES LOCATED EAST OF SCOTT BOULEVARD AT WASHINGTON STREET. WHEREAS, the applicant, Plum Grove Acres, is owner and legal titleholder of approximately 10.3 acres of property located east of Scott Boulevard at Washington Street; and WHEREAS, applicant has requested annexation of the 10.3 acre tract into the City of Iowa City, Iowa; and WHEREAS, pursuant to Iowa Code §368.5 and §368.7 (1997), notice of the application for annexation was sent by certified mail to the Johnson County Board of Supervisors, each affected public utility, the Johnson County Council of Govemments, and the East Central Iowa Council of Governments; and WHEREAS, none of these entities have objected to the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The following described land should be voluntarily annexed to the City of Iowa City, Iowa: Commencing at the Townshlp 79 North, N00*53'02"W, along Thence N89'06'58"E, N89'06'58"E, 469.70 280.00 feet; Thence Thence S00'39'55"E, N00'53'02"W~ 424.10 720.00 feet, to the acres, more orIess, Southwest Corner of the Southwest Quarter of Section 7, Range 5 West, of the Fifth Principal Heridlan; Thence the West Llne of Said Southwest Quarter, 2045.15 feet'; 300.00 feet, to the POINT OF BEGINNING; Thence continuln9 feet; Thence S00'51'17"E, 110.00 feet; Thence S01'00'12"E, S00'21'18"W, 530.00 feet; Thence N89'06'58"E, 307.15 feet; 225.14 feet; Thence S89'14'45"W, 405.06 feet; Thence feet; Thence S89'06'58"W, 360.00 feet; Thence N00"E3'O2"W, Point of Beginning. Sald Annexation Parce] contains 10.30 and Is sub3ect to easements and restrictions of record. 2. The City Clerk is hereby authorized and directed to certify, file, and record all necessary documents as required by Iowa law under §368.7 (1997) at applicant's expense. Further, the City Clerk is authorized and directed to certify and file all necessary documents for certification of the population of the annexed territory to Johnson County and the state treasurer, said population beingO. Passed and approved this day of ,1999. ATTEST: CITY CLERK MAYOR NOTICE OF PUBLIC HEARING Notice is hereby given that a public headng will be held by the City Coundl of Iowa City, Iowa, at 7:00 p.m. on the 20s' day of April, 1999, in the Civic Center Council Cl~ambers, 4i0 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next" meeting of the City~ Council' thereafter as posted by the City Clerk; at which headng the Council will consider:. 1. A resolution annexing approximately 10,3 acres of property. located east of Scott located east of Scott Boulevard at Washington Street from Medium Density Single-Family Residential (RS-8), Low Density Multi-Family Residential (RM-12), and County Suburban Residential (RS) to Planned Development Housing Oveday (OPDH-8; 8.36 acres), Low Density Single-Family Residential (RS-5; 5.43 acres), and Low Density Multi-Family Residential (RM-12; 1.12 acres), and a request for a preliminary OPDH plan to allow 72 dwelling units on 8.16 acres. Copies of the proposed resolution and ordinance are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place, MARlAN K. KARR, CITY CLERK PUBLIC HEARING NOTICE The City Council will be holding a public hearing on the FY00 Annual Action Plan on Apdl 20, 1999, at 7:00 p.m., Civic Center, Council Chambers, 410 East Washington Street, Iowa City, IA. The City of Iowa City has available a draft FY99 Annual Action Plan and Budget for the use of Community Development Block Grant (CDBG) and HOME Investment Partnerships program (HOME) funds. The draft plan describes the federally funded activities to be undertaken by the City and its subrecipients dudng the 2000 fiscal year (July 1, 1999 to June 30, 2000). Copies of the draft FY00 Annual Action Plan are available to the public at the Iowa City Public Library, 123 S. Linn Street; and the Department of Planning and Community Development, 410 East Washington Street. A thirty (30) day public comment period began on April 2, 1999. Additional information is available from the Department of Planning and Community Development, 410 East Washington Street, Iowa City, Iowa, 52240 or by calling 356- 5230. City of Iowa City MEMORANDUM DATE: TO: FROM: RE: April 15, 1999 City Manager and City Council Community Development Division FYO0 Annual Action Plan The City Council will be holding a public hearing on the FYO0 Annual Action Plan on April 20, 1999. Attached to this memo is a copy of the "draft" plan. On April 5th the Housing and Community Development Commission presented their FYO0 CDBG\HOME budget for your consideration. The Annual Action Plan incorporates this budget information and contains project descriptions and the locations of projects to be funded. The Department of Housing and Urban Development (HUD) requires the City of Iowa City to submit an approved FY00 Annual Action Plan by 'May 15, 1999. To meet this deadline the City Council will be presented a resolution to approve the FY00 Annual Action Plan on May 4th. If you have questions regarding the Annual Action Plan please call Maurice Head, Steve Nasby or Steve Long at 356-5230. Attachment FYO0 Annual Action Plan CITY OF I0 WA CITY Community Development Division Department of Planning & Community Development May 1999 TABLE OF CONTENTS SECTION I Standard Form 424 for CDBG Program Standard Form 424 for HOME Program Resolution Adopting FY00 Annual Action Plan SECTION II · FY00 Funding Sources SECTION III FY00 CDBG and HOME Projects - FY00 CDBG~HOME Budget (as proposed) - Description of Projects SECTION IV Geographic Distribution of Resources - Map Showing FY00 Project Locations SECTION V FY00 Annual Action Plan Narrative SECTION VI FY00 Fair Housing Annual Action Plan SECTION VII Certifications for FY00 CDBG and HOME Programs APPENDIX A Needs Analysis SECTION I Standard Form 424 for CDBG Program Standard Form 424 for HOME Program Resolution Adopting FY00 Annual Action Plan Application for Federal Assistance 2. Date Sul=mittad 05/10/99 t Type of :SUl3mlSSiOn: Application: Non - Construction P reapplication: 5. Applicant Infonmation Legal Name City of Iowa City Address 410 E. Wasthington Street Civic Center Iowa City, IA 52240 4. Date Received by Federal Agency Applicant Identifier CDBG State Application Identifier Federal Identifier 42-60C4805 Organizational Unit Municipality Contact Maurice Head, Community Development Coot (319) 356-5244 Johnson 6. Employer tdentfficetion Number (EIN): 426004805 8. Type of Application: Type: Continuation 7. Type of Applicant Municipal r 10. Catalog of Federal Domestic Assistance Number. Catalog Number. 14-218 Assistance TiUo: CDBG - Entitlement Gram 12. Ames AfFected by Project: City of Iowa City, Johnson County, Iowa 9. Name of Federal Agency:. U.S. Dept, of Housing & Urban Development 11. OesctipUve T~Ie of Appltcani's Project CDBG ErdYdement Gram for the City of Iowa City. 13. Proposed Project: Start Date 07/01/98 15. Estimated Funding: a. Federal Start Date 06/30100 14. Congressional Dislriota of:. e. Applicant I b. Project First First 16. I$ Application Sul~ject to Review by State Executive Order 12372 Process? $943,000 Review Status: Program not covered b. Applicant c. State d. Local e, Other $61,691 17. Is the Applicant Delinquent on Any Federal Debt? No f. Program Income $102,309 g. Total $1,107,000 1~. To the I)eet of my knowledge and belief, all data in this appltcation/praapplication am true and correct, the document has been duly authodze¢ i:ly the governing body of the applicant and the applicant will comply with the attached assurances if the assistance is awarded. a. Typed Name of Authorized Representative I b. Title c, TeielDhone Numlar Stephen J. Arkins City Manager (319) 356-5010 d. Signature of Authorized Representative e, Date Signed 05/10/99 Application for Federal Assistance I Type of SuDmie$1on: Application: Non - Construction Preapplication: 5 Applicant Information Legal Name City of Iowa City Address 410 East Washington Street Iowa City, IA 52240 Johnson 2. Oeta Submitted 05/10/99 3, Data RaceNed t)y Sits Applicant Identifier HOME Site Application Identifier 4. DIre Received by Federal Agency Federal Identifier 42-6004805 Organizational Unit Municipality Contact Maurica Head. Community Development Coot (319) 356-5244 6. Employer Identification Number (EIN): 426004805 8. Type of AppllcaUon: Type: Conttnu~Uon 7. Type of Appik:anc Municipal 10, Catalog of Federal Oomellic Alliltance Number. Catalog Number. 14-239 Assistance T~e: HOME Investment in Affordable Houlng City of Iowa City, IA and Johnson Courtty. IA g. Name of Federal Agency:. U.S. Dept of Housing & UFoen Development HOME Investment Partnership Program - Participating Jurisdiction Alloc~ion 13. Proposed Project: Start Data 07/01/99 15. Estimated Funding: a. Federal Start Data 14. CogSel Diela~c~ o~ a. Applicant I b. Project First First 16. I~ ~opltcltion Subject to Review by Stele Executive Order 12372 Procet~? Review Slatus: Program not covered D. Applicant c. Stata d. Local e. Other 17. I$ the Applicant Delinquent on Any Federal Debt? No f. Program Income g. Total $ 643,000 1t8. To the best of my knowledge and belief,/11 data in Ibis rl;pi~ftio~prelpplicNion am true end correct, the document has been duly/uthorizK ~ the governing body of the applicant and the applicant will cotnl)ly wifft the attac~ed Issumncas if the mistance is awarded. a. Typed Nero of Authorized Representative I b. Title C. Telephone Numl~r Stephen J. Arkins City Manager (319) 356-5010 i d Signature of Authorized Rentalive e. Data Signed ~ 05/10/99 Prepared by Stephen Long, Associate Planner. 410 E. Washington, Iowa City, IA 52240, (319}356-5250 RESOLUTION NO. RESOLUTION ADOPTING IOWA CITY'S FYO0 ANNUAL ACTION PLAN, THAT IS PART OF THE CONSOLIDATED PLAN (CITY STEPS), AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE CONSOLIDATED PLAN. WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires the City of Iowa City, Iowa, to prepare and submit an Annual Action Plan for FYO0 as part of the City's Consolidated Plan (CITY STEPS) to plan for the use of federal funds to assist lower income residents with housing, jobs and services; and WHEREAS, the Iowa City Housing and Community Development Commission has held a series of meetings regarding the use of federal Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds for fiscal year 2000; and WHEREAS, the City has disseminated information, received public input and held a public hearing on the FYO0 Annual Action Plan; and WHEREAS, the Annual Action Plan contains the allocation of CDBG and HOME funds attached hereto as Exhibit A; and WHEREAS, adoption of the Annual Action Plan for FYO0 will make Iowa City eligible for federal and state funds administered by the U.S. Department of Housing and Urban Development; and WHEREAS, the City Council finds that the public interest will be served by the adoption of the Annual Action Plan for FYO0 and submission to the U.S. Department of Housing and Urban Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City of Iowa City Annual Action Plan for FY00, filed in the office of the City Clerk, be and the same is hereby approved and adopted. The City Manager of Iowa City is hereby authorized and directed to submit the City of Iowa City Annual Action Plan for FYO0 to the U.S. Department of Housing and Urban Develol~ment, and is further authorized and directed to provide all the necessary certifications required by the U.S. Department of Housing and Urban Development in connection with said Plan. The City Manager is hereby designated as the Chief Executive Officer and authorized to act on behalf of the City of Iowa City in connection with the City of Iowa City Annual Action Plan for FYO0. Passed and approved this day of ,1999. ATTEST: CITY CLERK MAYOR Approved by City Attomey's Office It was moved by and seconded by adopted, and upon roll call there were: AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef EXHIBIT A FY00 CDBG AND HOME PROJECTS ECONOMIC DEVELOPMENT PROJECTS (Est. Set-aside $162,000) Micro-enterprise Training: Institute for Social & Economic Dev. Subtotal PUBLIC FACILITIES PROJECTS (Est. Set-aside $126,850) Facility Rehabilitation: Salvation Army Kitchen Improvements: Free Lunch Program Facility Rehabilitation: Community Mental Health Center Facility Accessibility: Old Brick Parkland Acquisition & Dev.: Miller-Orchard Neighborhood Subtotal PUBLIC SERVICE PROJECTS (FY99 Statutory Cap $156,450) Transitional Housing Support Services: Successful Living Employment Training: Mayor's Youth Employment Program Furniture Project: Domestic Violence IntervenUon Program Youth Leadership: Community Corrections Improvement Assn. Aid to Agencies Subtotal HOUSING PROJECTS (Est. Set-aside $1,026,100) Senior Rental Units: Iowa City IHA Senior Housing Phase I Acquisition & Rehab: Greater Iowa City Housing Fellowship Housing Rehabilitation: City of Iowa City Transitional Housing: Hawkeye Area Community Action Program Rehabilitation: Coldren Retirement Residence SRO Rehab: Successful Living. Inc. Affordable Housing Funding Peel: City of Iowa City Small Repair Program: Elderly Services Agency ADMINISTRATION HOME Program Administration CDBG Program Administration and Planning CONTINGENCY Unprogrammed Funds Subtotal Subtotal TOTAL SOURCES OF FUNDS FY00 CDBG Entitlement FY00 CDBG Estimated Program Income FY99 Unexpended Funds (from contingency and projects) FY99 Unbudgeted CDBG Program Income FY00 HOME Allocation TOTAL Request $ 34.000 $ 34,000 $ 65,395 $ 7,500 $ 49,565 $ 70.000 $215.000 $407,460 $ 15.000 $ 25.000 $ 13,688 $ 23,000 $105.000 $181,688 $275.000 $300.040 $300.000 $190.000 $ 6,000 $ 15,295 $150.000 $ 28.000 $1,264,335 $ 64,300 $144.300 $208,6O0 s ooo $2,166,083 HCDC (3/24/99) Racommend,Uon $ 25.000 $ 25,000 $ 47.920 $ 7,500 $ 49,565 $ 20,000 $ 65.000 $189,985 $ 15.000 $ 15,411 $ 11,000 $ 10,000 $105.000 $156,411 $275,000 $281.609 $255,000 $190,000 $ 6,000 $ 14.395 $ 50,000 $ 28.000 $1,100,004 $ 64.300 $144.300 $208,600 $ 70.000 $1,750,000 $943,000 $ 3O,000 $ 61,691 $ 72,309 $643.000 $1,750,000 SECTION ~ FYO0 Funding Sources Funding Sources EnUUement Grant (Includes reallocated funds) CDBG ESG HOME HOPWA Total $943,000 $0 $643,000 $o $1,586,000 Prior Years' Program Income NOT previously programmed or reported CDBG $72,309 ESG $0 HOME $0 HOPWA $0 Total $72,309 Reprogrammed Pdor Years' Funds CDBG ESG HOME HOPWA Total $61,091 $o $o $o $61,691 Total EsUmated Program Income CDBG Total $30,000 $30,000 SecUon 108 Loan Guarantee Fund $0 TOTAL FUNDING SOURCES $1,750,000 Other Funds $0 Submitted Proposed Projects Totals $1,750,000 Un-Submitted Proposed Projects Toils $0 SECTION III FY00 CDBG and HOME Projects - FY00 CDBG\HOME Budget - Description of Projects · ~OOOOOP O ¢fl, ¢~, · o "-~= u-,z COlCO 3'06' oE c_~o oca,, 3:: O~ 3_ ,'- ~ ~ .~ ~,UO ZO u- SECTION IV Geographic Distribution of Resources - Map Showing FY00 Project Locations IV. GEOGRAPHIC DISTRIBUTION OF RESOURCES As stated and shown in the Consolidated Plan, Iowa City does not have areas of heavy concentrations of low-moderate income or minorities. A large number of lower income persons do live in. the downtown area, but the housing is mainly student rentals and does not contain a concentration of lower income families. The largest group of minorities in Iowa City are generally found in University owned or sponsored housing, again this population is comprised of students. Due to these factors, the City has not discussed or adopted a plan to allocate CDBG or HOME funds geographically. Also, a number of projects funded by CDBG and HOME will serve persons living community-wide and not target specific populations or areas. The City's Housing Rehabilitation Program serves residents on a citywide basis and distributes its resources via individual projects, which may be anywhere within the jurisdiction. All service programs are based in Iowa City and serve individuals, living citywide, according to their needs. The map in this section of the FY00 Annual Action Plan shows projects that have been approved for funding (as described in Section III). A number of the projects are not identified on this map because they are citywide or a specific location has not yet been identified. MAP I FY00 PROJECT LOCATIONS* , :' - aDVIP'; Fumiturii,Project, --' ,--' ..,- dlnstitute rot ,Social a,nd Econamic Development ., ,.,,. '. ~r- ..... :-:j Proposed Projects · Anti-Crime d Economic Dlvdo p. dent el Homeless i HNIAIDS fi Housing · Infrastructure · Other Planning and Adminl bdlr,,w · Pubtic Fadlltles · Public Service , Senior Programs , Youth Programs · NOTE: Many projects assist persons living community-wide, therefore not all of the project locations are indicated on ~i8 map. In addition, projects that involve the acquisition of real property may not have locations Mentilted at the time this document was prepared. If you would like edditionll Information on projects using federal funds, please contact the Community Development Division at 356-5230. / 0 (~ 0 (I) -- SECTION V FYO0 Annual Action Plan Narrative V. FY00 ANNUAL ACTION PLAN The following section is a breakdown of the federal resources the City of Iowa City expects to have available for use in the community. The City allocates all of these funds, with the exception of the Emergency Shelter Grant funds, to programs and projects within the community. FISCAL YEAR 00 (July 1, 1999 to June 30, 2000) RESOURCES Federal Resources FY00 Community Development Block Grant $ 943,000 FY00 HOME Investment Partnership Allocation $ 642,000 FY00 Estimated Program Income $ 30,000 FY99 Program Income (prewiously unallocated) $ 72,309 FY99 Unallocated Fun& $ 61.691 Total Resources $1,750,000 FY00 Emergency Shelter Grant Funds (State of Iowa) $160,000 est. O~her Available Reso-rces There are multiple resources available in Iowa City that support housing and human service activities. Other fmanciai assistance comes primarily from the state and local levels. Additionally, many individual projects provide in-kind donations and volunteer resources to leverage public funding. According to the applications, we estimate about $4,495,650 in non-federal resources will be leveraged by the projects. In addition, municipal resources such as general fund expenditures, in~'astructure improvements and tax exemptions will be used to meet the City's HOME match liability. Actual leverage and match figures will depend on the outcome of many of the projects proposed in the plan. Final figures will be available at the end of the fiscal year and contained within the Consolidated Annul Performance and Evaluation Report. Private banks and institutions are often the most significant proriders of capital to CDBG and HOME projects. As such, the City and local organizations have been working with these lenders to promote the goals and objectives of the Iowa City's Consolidated Plan (a.k.a. CITY STEPS) and other local housing documents such as the Community Housing Forum Report. There are seven banks and several mortgage lenders in Iowa City that invest in the community. Locally lenders are providing financing to support a housing strategy recommended in the Community Housing Fortun Report. The strategy is the Combination Mortgage and Rehabilitation Loan Program. This program allows low and moderite-income homeowners the opportunity to fix-up older properties by including repair costs into their first mortgage at the time of purchase. The banks have committed approximately two million dollars to this local program. Other programs most often associated with housing assistance are as follows: Mortgage Credit Certificate (MCC) Program Iowa Housing Assistance Program (IHAP) Community Home Buyer Federal Home Loan Bank (Affordable Housing and Community Investment) In addition, foundations and local businesses play a role in the development of housing and economic well being by leveraging federal funds. The following organizations or groups are identified as resoumes or as contributing to FYO0 projects: Community Fundraising Iowa Finance Authority Private Businesses General Mills Oral-B Laboratories Private Lenders United Way VISTA Volunteers HOMELESS AND OTIIE~R SPECIAL NEEDS ACTIVITIES Over the course of FY00, human service agencies and the City are planning to undertake a number of activities (funded with CDBG and non-CDBG ~mded) that are designed to meet the needs of the homeless and non-homeless special needs population. F. mergency Shelter Needs The needs of this population are numerous; however, the human service org3niTatious in Iowa City do a remarkable job in providing for these needs. To assist these organizations, the City utilizes the maximum amount of CDBG funds possible for public services. In addition, the City commits approximately $300,000 annually from the City's General Fund budget for the operation of human service organizations. In FY00, the CDBG program will fund three capital projects and several supportive service type projects. The Salvation Army, Community Mental Health Center and the Free Lunch Program are the three projects that will be upgrading their facilities. In the case of the Salvation Army, they are renovating a newly acquired facility that will allow them serve more clients and have a permanent facility in the community. CDBG funds will be used to renovate the kitchen area and make other improvements that will benefit low- income persons and households. Community Mental Health Center will be rehabilitating their existing facility to keep it in good repair. This organization assists 2,200 persons a year. The Free Lunch Program will upgrade their kitchen facilities to provide hot meals to homeless and low-income persons. Supportive services projects funded include the Furniture Project, youth leadership, employment training and transitional housing support services for individuals and families. The funds will also provide operational funding to 14 human service organizations through the City's Aid to Agency budget. The State of Iowa will make Emergency Shelter Grants available to local organizations. To date, the amount of funding and the organizations funded have not been announced. Typically, three emergency shelters (Youth Homes, Emergency Housing Project and the Domestic Violence Intervention Program) have been funded. We anticipate that Hawkeye Area Community Action Program; Table to Table, Successful Living and Greater Iowa City Housing Fellowship will also receive funding. FY00 funding is estimated to be approximately $165,000. This amount includes assistance from the State of Iowa through the State's Homeless Shelter Operations Grant Program and State administered FEMA. These funds are necessary for the operation of the emergency shelter, if these funds are cut; the program will be negatively impacted. Transitions! HoH-~ing Needs To complete the City's continuum of care the City has supported the creation of Single Room Occupancy SRO housing with supportive services. The City has successfully worked with a local for profit in developing three SRO projects in Iowa City. One of the main components of these SRO projects has been the inclusion of supportive services. Successful Living, a recently formed non-profit, will provide city-wide services to eligible individuals who are in need of assistance to succeed in transitional housing situations. The Hawkeye Area Community Action Program (HACAP) will be acquiring eight units of housing for the homeless in Iowa City. HACAP will receive a 50% match from the City to purchase these units in FY00. Again this year, the Domestic Violence Intervention Program is using CDBG ~mda to help operate the Furniture Project. This activity involves the collection and distribution of usable furniture to low-income operations (most of whom are coming out of homeless shelters). The goal for this project is to assist 425 persons by distributing furniture. Homeless Prevention In FY00, CDBG and HOME funded activities will directly address the prevention of homelesshess. The Successful Living and HACAP programs will also help prevent homelesshess by providing case management. Additionally, a number of the agencies funded via the Aid to Agency budget, as a matter of their purpose or mission, provide preventive services to low and moderate income people. The City will continue its owner-occupied Housing Rehab Program, which provides comprehensive rehabilitation, exterior repair, emergency repair residential accessibility and manufactured home repair, services to low-moderate income home owners. By assisting these owners, and fixing up the existing affordable housing stock, this project helps people remain in their homes. Non-Homeless ~Oecial Needs Pol~ulations Elderly Services Agency is continuing to operate the Small Repair Program that provides minor rehab services to non-homeless elderly and persons with disabilities. This agency also provide services such as Shared Housing, Chores Services, and Outreach and Referral. The Community Mental Health Center, Mayor's Youth Employment Program, Old Brick ProjeCt and the Free Lunch Program will all provide benefits to special needs populations. Also a number of the agencies funded by the Aid to Agencies budget, as a matter of their purpose or mission, will provide services to low-income people· The City will be funding a number of affordable housing projects, both rental and owner occupied, that will be available to person with special needs. Other Actions The City has been involved with numerous community development activities. City staff has provided on-going technical assistance to non-profit agencies awarded a 1.3 million- dollar Supportive Housing Program Grant. The grant application focused on strengthening the Iowa City Continuum of Car= process by filling gaps in the services available to homeless. Some of those key areas addressed in the application are effective job training, education and placement to maximi~ing self-sufficiency for the homeless. Last year the City Council adopted several strategies in the Community Housing Forum Report that was initiated by citizens. Staff is now in the process of refining and implementing these housing strategies to increase the opportunities for low and moderate- income households to rent and own in Iowa City. The three programs are as follows: City Bond Program will provide permanents financing to developers building rental housing with the stipulation that a percentage of the units are affordable to very low income without subsidy. 2. The Affordable Housing Funding Pool will provide gap financing to projects in exchange for providing affordable opportunities for low income ownen or renten. The Combination Mortgage and Rehabilitation Program is sponsored by local banks to provide mortgages that will allow repair cost to be included into loans for low and moderate income households PROGRAx~I SPECIFIC REQUIREMENTS A. Community Development Block Grant (CDBG) Activities to be undertaken in FY00 with CDBG funds are described in Section III on the pages entitled: U.S. Department of Housing and Urban Development CPD Consolidated Plan System Listing of Proposed Projects The available CDBG and HOME resources from all funds are listed in Section II of this document. No CDBG activities are being undertaken, with the funds outlined herein, in FY00 that meets the "Urgent Need" National Objective. 4. (See #1 above) B. HOME Investment Parmership Program 1. HOME funds are being invested in forms allowed under 24 CFR 92.205(b) HOME funds used for assistance to Homebuyers will be recapture by 100°/a (whenever possible) if the home is sold prior to the termination of the mandated affordability period. A property Hen will be placed on these traits to 1.egally insure repayment. CITIZEN PARTICIPATION PROCESS FOR TH'E lrY00 ANNUAL ACTION PLAN Throughout the year the Housing and Community Development Commission (HCDC) holds public hearings to ovenee the operation of the Community Development Division and the Iowa City Housing Authority, monitor CDBG and HOME projects, and listen to public input into these and other programs. In past years, the HCDC has not received comments for changes to the Consolidated Plan (CITY STEPS). Within HCDC's own review of the goals, strategies and priorities of CITY STEPS there were no proposed changes. In discussions with City Council about the Consolidated Plan in past years, Cormell has made no suggestions. As such, no changes to the CITY STEPS plan were requested or advocated at any time. HCDC and the City Council have held numerous meetings for the preparation of the FY00 Annual Action Plan. The public has been invited to participate in these meetings and efforts were made to encourage and increase citizen participation. The following is a chronology of the events, meetings public hearings and actions taken in relation to the approval of the FY00 Annual Action Plan. Jtme 15, 1998 Aug. 29, 1998 Aug. 29, 1998 Aug. 31, 1998 Sept. 17, 1998 Sept. 22, 1998 Sept. 28, 1998 Nov. 10,1998 HCDC meeting: discuss goals, strategies and priorities Public Comment Notice on report availability and opportunity to comment in Press-Citizen 30 day comment period opens on FY98 Consolidated Annual Performance and Evaluation Report (CAPER). Copies of CiTy STEPS and CAPER available to public HCDC meeting: Public Heating and review of the CAPER City Council: approval of the FY98 CAPER CAPER report submitted to HUD Public Hearing Notice of Consolidated Plan meeting Nov. 19 1998 Dec. 17, 1998 Dec. 16, 1998' Dec. 18, 1998 Jan. 19, 1999 Feb. 17, 1999 Feb. 18, 1999 Mar. 4, 1999 Mar. I I, 1999 Mar.24, 1999 Mar.25, 1999 Mar.31, 1999 Mar.31, 1999 April 2, 1999 April 5, 1999 April 6, 1999 April 10, 1999 April 10, 1999 April 20, 1999 May 3, 1999 May 3, 1999 May 4, 1999 May 4, 1999 May 10, 1999 July 1, 1999 HCDC meeting: Discussion of FY00-allocation process and ranking criteria and intake of public comments on the Consolidated Plan HCDC meeting: Finalize ranking sheet and application form Press releases on availability of FY00 CDBG and HOME funding FY00 applications available to the public FY00 CDBG and HOME application due HCDC meeting: round 1 of CDBGNHOME presentations HCDC meeting: round 2 of CDBGNHOME presentations HCDC meeting: HCDC discussion of projects and rankings Press-Citizen: news story on ranking of FY00 allocations HCDC meeting: rankings announced and char budget prepared Press-Citizen: news story on proposed FY00 allocations ICON: news story on proposed FY00 allocations Legal Notice: Press-Citizen re: 30 day comment period (action plan) Start 30 day comment period on FY00 Annual Action Plan City Council: informal work session with the HCIX~ City Council: sets public hearing on FY00 CDBGNHOME Action Plan Public Hearing Notice: published in Press-Citi~.en~ -FY99 Action Plan Display Ad: published in Press -CitiT,-n.~ showing FY00 budget City Council: Public Heating on FY00 Annual Action Plan City Council: informal work session regarding FY00 Annual Action Plan (ff needed) Expiration 30 day comment period on FY00 Annual Action Plan City Council: Public Hearing on FY00 Annual Action Plan City Council: resolution approving FY00 Annual Action Plan FY00 Annual Action Plan submitted to HUD Start FY00 Projects Performance Assessment In response to the Consolidated Plan requirements, the City held public meetings and hearings to receive comment on the FY99 Annual Action Plan performance and any changes needed within the Consolidated Plan timework. (Se~ meeting notices and dates above). The Consolidated Annual Performance and Evaluation Report was published and made available to the public. No public comments on the CAPER report were received, nor were their changes or amendments suggested for the Consolidated Plan. In addition to this activity, HCDC members are responsible for monitoring projects throughout the course of the year and make monthly reports to the full commission. This monitoring helps the Commission to become familiar with projects and to assess the on- going performance of individual CDBG and HOME projects. A~MENDMENTS TO THE CONSOLIDATED PLAN At this time, there are no changes or amendments to the Consolidated Plan suggested or requested by the City Council, HCDC staff or members of the general public. SECTION VI FYO0 Fair HoUsing Annual Action Plan Section VI Annual Fair Housing Action Plan for FY00 The City of Iowa City continuously works to identify and overcome barriers and impediments to Fair Housing. Prior to the start of the 1999 federal fiscal year (City FY00) the City addressed many of these fair-housing issues. The following information will detail these efforts and outline the actions the City of Iowa City is proposing to undertake this year. City of Iowa City - Human Rights Office The City of Iowa City has adopted a Human Rights ordinance that goes further than the State of Iowa laws in prohibiting housing discrimination. To oversee human dghts issues and fair housing the City maintains a Human Rights office with two professional staff. This office. and a citizen commission, work to identify and resolve fair housing issues and educate the public. During the upcoming year (July 1, 1999 to June 30, 2000) this office is planning on undertaking numerous activities. The following is a sample of the items to be completed: 1. Placement of newspaper ads in local papers 2. Increased outreach regarding fair housing 3. Dissemination of information via local cable access 4. Distribute a Fair Housing Law video to the community 5. Continue Public Service Announcements (PSAs) 6. Disseminate posters and pamphlets regarding fair housing 7. Monitor for illegal advertisements 8. File, investigate and resolve discrimination complaints re: discrimination based on sexual orientation and gender identity. 9. File and forward other types of housing discrimination to the State until the City of Iowa City obtains 'substantial equivalency". 10. Continue to work towards obtaining a 'substantially equivalent' ordinance. 11. ARC will run two videos on the Government Channel regarding housing and lending discrimination. ComDInint Activity Undertnken by the Humnn Rights Commission In FY98 (July 1, 1997 to June 30, 1998) there were 28 formal discrimination complaints filed. The vast majority of the complaints were alleged discrimination in employment (24), alleged discrimination in public accommodations (3) and housing (1). The distribution of these complaints is as follows: 11 8 7 3 2 1 1 35 Alleged Sex Discrimination Alleged Race Discrimination Alleged Discrimination based on disability or perceived disability Alleged Age Discrimination Alleged Discrimination based on sexual orientation Alleged Religbus Discrimination Alleged Marital Status Discrimination Alleged Retaliation Total *(Note: seven of the complaints alleged discrimination based on more Ihan one category) Compl;aint Resolution in FY98 2. 3. 4. 5. 6. 7. 8. 9. One removal to EEOC at agency's request Three withdrawals Six administrative closures Two predetermination settlements Seven successful mediations Six no probable cause decisions One probable cause decision One removal to the State because of a potential conflict of interest Two dght to sue letters Iow:a City Ho, Jsing A~ ,thority CICHA) The local Housing Authority will also be working on addressing fair housing issue and community awareness. Recently, the ICHA began resident and landlord newsletters to better educate them on Public Housing and Section 8 regulations. Through these efforts the ICHA is trying to overcome ignorance of laws by both tenants and landlords and to help dispel negative perceptions of the Section 8 program. In addition, dudng orientation the ICHA conducts a bdefing session with each public housing and Section 8 recipient regarding fair housing laws, tenant rights, and complaint procedures. The ICHA is also working to educate the public on assisted housing programs and fair housing by speaking at public forums and to local service organizations. Self-Fvaluation Form Staff from the Human Rights Office and the Community Development Division reviewed and completed the Self-Review Form in the fall of 1997. Upon completion of this evaluation, several areas of the existing Analysis of Fair Housing Practices and Impediments (AI) were found to be deftdent. Because of these findings an update of the AI has been completed. Analysis of Fair Housing Practices :and Imi;ediments In January 1998 the Community Development Division. with the assistance of the Human Rights office, began an update of the City's AI. This AI update was completed, reviewed and approved by the Human Rights Commission in February 1998. Community r~evelooment Block Grant (Cr')BG) and/or HOMI= Funded Actions Dudng FY00 the City of Iowa City has funded housing and service activities that will address some of the barriers identified in the AI. The main areas targeted for CDBG and HOME funding include the creation of additional affordable units, residential accessibility, and public education. These activities are as follows: 1, GICHF - Acquisition and Rehabilitation of units for affordable rental housing for large families. 2. Iowa City IHA Apts. - Construction of affordable rental units for seniors. 3. Housing Rehabilitation - Residential accessibility for persons with disabilities 4. ESA - Small Repair Program for the eldedy and persons with disabilities related to accessibility and safety. 5. HACAP - Acquisition of 8 units of transitional housing for homeless families. 6. Successful Living SRO Rehab - Upgrade facility that houses formerly homeless persons. Supportive services are also provided in-house. 7. Supportive services funding to local agencies assisting low-income persons. 8. Free Lunch Program - Support for upgrading fadlities for this program. 9. Coldren Retirement Residence - Permanent housing for frail seniors. 10. Administration - Dissemination of information and outreach regarding fair housing issues and planning efforts to overcome any regulatory barriers. Summnry In FY00 several municipal departments and staff will be working to address barriers and impediments to fair housing. Overall, the City of Iowa City is committed to furthedng fair housing and expanding our efforts. Information on the activities outlined herein may be obtained by contacting Heather Shank, Human Rights Coordinator, at 319-356-5022 or Steve Nasby, Associate Planner at 319-356-5248. SECTION VII Certifications for FY00 CDBG and HOME Programs Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation - It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan - Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following a Plan - It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds - It has complied with the following criteria: Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); Overall Benefit. The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 1999/FY00, (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; Special Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. [n this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate-income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force - It has adopted and is enforcing: A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; Compliance With Anti-discrimination laws - The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead-Based Paint - Its notification, inspection, tuting and abatement procedures concerning lead-based paint will comply with the requirements of 24 CFR §570.608; Compliance with Laws -- It will comply with applicable laws. Signature/Authorized Official Date: May 10, 1999 Title: City Manager Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Bami Renal A~L~tance - If the participating jurisdiction intends to provide tenant-based rental assistance: The use of HOME funds for tenant-based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Activities and Costs -- it is using and will use HOME fimda for eligible activities and costs, as described in 24 CFR § 92.205 through 92.209 and that it is not using and will not use HOME fimds for prohibited activities, as described in § 92.214. Appropriate Rmctal Mai~tam:e -- before committing any fimds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing; Signature/Authorized Official Date: May 10, 1999 Title: City Manager APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FEE WORKPLACE REQUIREMENTS: A. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. B. Drug-Free Workplace Certification By signing and/or submitting this application or grant agreement, the grantee is providing the certification. The certification is a matetiM representation of fact upon which reliance is placed when the agency awards the grant If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Civic Center 410 E. Washington Street Iowa City, Johnson County, [A 52240 Check if there are workplaces on file that are not identified here. The certification with regard to the drug-flee workplace is required by 24 CFR part 24, subpart F. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug-Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a contwlled substance in Schedules I through V of the Controlled Substances Act {21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal chug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: (i) All "direct charge" employees; (ii) all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and (iii) temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). APPENDIX A Needs Analysis Continuum of Care: Gape Analysis -- BedslUnlts Emergency Shelter TransiUonal Housing Permanent Housing Total -- Estimated Supportive Services Slots Job Training Case Management Substance Abuse Treatment Mentel Health Care Housing Placement Life Skills Training -- EsUmated Sub-PopulsUons Chronic Substance Abusers Seriously Mentally III Dually-Diagnosed Veterans Persons with HIVIAID~ VIctims of Domestic VIolence Youth - Individuals EsUmated Current Needs Inventory Io I Is/ I lu I 144 I 0 141 0 0 U U U U 0 U U U 0 U Io 10 Io 0 O 0 0 ;0 0 Unmet Need/ Gap Io I Io I Io I 0 0 0 0 0 U U 0 0 0 U 0 0 0 RelaUve Priority IMed I IHigh I IHigh I I High I I I JHigh I IHIgh I I I IHIgh I I High HIgh ;HIgh HIgh Meal ConUnuum of Care: Gaps Analysis -- Beds/Units - Persons In Families with Children Emergency Shelter TransiUonal Housing Permanent Housing Total -- Estimated Supportive Services Slots Job Training I0 Case Management I 0 Child Care IO Substance Abuse Treatment I0 Mental Health Care I0 Housing Placement Life Skills Trsining · Iu -- EsUmatsd Sub-PopulaUons Chronic Substance Abusers Io Seriously Mentally III · I0 Dually-Dlagnosed I0 Veterans I 0 Persons with HIV/AIDS I 0 VicUms of DomesUc Violence I0 EsUmated Current Unmet Need/ Needs Inventory Gap i0 I I0 I I0 I JO I [0 J I0 I lu I 10 I 10 I 0 0 0 Io I Io Io I Io Io I Io lu I Iv !u I Iv Iv I Io I Iv 10 Io Io Io Io Io 0 0 0 0 0 0 RelaUve Priority J High IHigh IHigh High High HIgh HIgh IHIgh IHIgh I I l High IHigh Special Neede/Non-Homeless -- Sub-PopuleUons Elderly Frail Elderly Severs Mental Illness Developmentally Disabled Physically Disabled Persons with NcohoUOther Drug Addiction Persons with HIVINDS Priority Need IHigh I High High High High HIgh HIgh TOTAL EsUmated $ I;u I;u Housing Needs ~ Renter Small Related Large Related Elderly All Other --Owner Need Level Units 0 - 30% of MFI IHIgh I I/SU 31 - 50% ofMFI [Med 51 - 80% of-MFI IMed I I 0 - 30% of MFI I HIgh J I 6 / 31 - 50% of MFI IMed I 149 51 - 80% of MFI IMed I [4/ 0 - 30% of MFI JHIgh I 11U6 31- 50% of MFI IMed ! ITM 51 - 80% of MFI IMed I ITM 0 - 30% of MFI I HIgh I [- 31 - 50% of MFI I Med I 51 - 80% Of MFI I Meal I I-- 0 - 30% of MFI 31 - 50% of MFI 51 - 80% of MFI I HIgh , I I1,4uu IMeal I ll,uuu IMed I I1,°ca Estimated $ 1,14,hl,bU01 I~lU,bU~,/=01 1,10,31u,0001 I~1,z41,ooo I I~uu/,~uu I i~u~o,uoo l l~,/4~,oou J I ,z,'/4e,uouI IqP',e=/,wu I I,o I I~u ! I;1=,6z4,OuU I l;11,4'a'1',=On I I~11,0=e,=Ou I Community Needs -- Anti-Crime Programs Overall Sub-Categories Crime Awareness (051) -- Economic Development Overall Sub-Categories Rehab; Publicly or Privately-Owned Commer (14E) CI Land AcquleiUon/DiepoeiUon (IlA) CI Infrastructure Development (lIB) CI Building AcquleiUon, Construction, Re (11C) Other Commercial/Industrial Improvements (lID) ED Direct Financial Assistance to For-Pro (18A) ED Technical Assistsrice (18B) Micro-Enterprise Assistence (18C) -- Infrastructure Overall Sub-Categories Flood Drain Improvements (031) Water/Sewer Improvements (03J) Street Improvements (03K) Sidewalks (03L) Tree PlanUng (03N) Removal of Architectural Barriers (10) Privately Owned Utilities (11 ) -- Planning and AdministrsUon Overall Need Level Units Low 0 EsUmated ,' $1 Low 0 $1 Need Level Units High 0 EsUmated ,' $5 Low 0 $1 Med 0 $0 Med 0 $1 Mad 0 $0 High 0 $1 High 0 $0 High 0 $1 High 0 $1 Need Level Unite Low 0 EsUmated ', Low 0 $1 Low 0 $1 Low 0 $1 Low 0 $1 Low 0 $0 High 0 $0 Low 0 $0 Need Level Units High 0 0 0 0 0 0 0 0 0 0 Sub-Categories HOME Admin/Planning Costs of PJ (not part (19A) - Planning (20) High General Program AdministraUon (21A) High Indirect Costs (21B) - Public InformaUon (21C) - Fair Housing AcUviUes (subject to 20% A (21D) High Submissions or ApplicaUons for Federal P (21E) - HOME Admin/Planning Costs of PJ (subject (21H) - HOME CHDO OperaUng Expenses (subject to (211) - EsUmated $850,000 $0 $100,000 $750,000 $0 $0 $0 $0 $0 $0 Community Needs (Page 2) -- Public FaciliUes Overall Need Level Units Med 0 Estimated $ $1,210,003 Sub-Categories Public Facilities and Improvements (Gener (03) Handicapped Centers (03B) Neighborhood FaciliUes (03E) Parks, RecreaUonal FaciliUes (03F) Parking FaciliUes (03G) Solid Waste Disposal Improvements (03H) Fire Stations/Equipment (030) Health FaciliUes (03P) Asbestos Removal (03R) Clean-up of Contaminated SItes (04A) Intedm Assistance (06) Non-ResidenUal Historic PreservaUon (16B) -- Public Services Overall - 0 $0 - 0 $0 Med 0 $750,000 Low 0 $400,000 None 0 $0 Low 0 $1 - 0 $0 Low 0 $60,000 Low 0 $1 - 0 $0 - 0 $0 Low 0 $1 Need Level Unite High 0 EsUmated; $700,005 Sub-Categories Public Services (General) (05) Handicapped Services (05B) Legal Services (05C) TransportaUon Services (05E) Substance Abuse Services (05F) Employment Training (05H) Health Services (05M) Mental Health Services (050) Screening for Lead-Based PainULead Hazar (05P) -- Senior Programs Overall High 0 $700,000 High 0 $1 Med 0 $0 High 0 $1 High 0 $1 High 0 $1 High 0 $1 High 0 $0 High 0 $0 Need Level Units Med 0 EsUmated $250,001 Sub-Categories Senior Centers (03A) Senior Services (05A) Low 0 High 0 $250,000 $1 Community Needs (Page 3) -- Youth Programs Overall Sub-Categories Youth Centers (03D) Child Care Centers (03M) Abused and Neglected Children FaciliUes Youth Services (05D) Child Care Services (05L) Abused and Neglected Children (05N) Other (03Q) Overall Sub-Categories Urban Renewal Completion (07) CDBG Non-profit OrganizaUon Capacity Bui (19C) CDBG Assletence to Institutes of HIgher E (19D) Repayments of Section 108 Loan Principal (19F) Unprogrammed Funds (22) Need Level Units Med 0 EsUmated ,' $1,030,002 Low 0 $30,000 Med 0 $1,000,000 HIgh 0 $0 Med 0 $1 High 0 $1 High 0 $0 Need Level Units - 0 EsUmated,' $0 - o $0 - 0 $0 - 0 rm - o $o - 0 $0 7' O $ric Churctl and'Community Center April 16, 1999 The Honorable Mayor and Members of the City Council Civic Center 410 East Washington Street ]:owa City, Z:A 52240 Dear Councilors: We write to support the recommendation of the Housing and Development Commission to allocate $20,000 of CDB6 funds to Old Brick for installation of an elevator to make this historic structure accessible, a long-time priority goal. Old Brick requested $70,000 to be used with other grant funds for this project. This partial funding will enable us to undertake the first phase of the elevator installation. For many years, Old Brick has provided a much-needed gathering place for civic, educational, cultural, and social events in the community. Last year, Old Brick was used by more than 75 groups and individuals for a wide variety of events that served an estimated 15,000 people. Based on recent census figures, approximately 450 people were unable to attend these events last year because the facility is not accessible. The elevator is part of an overall restoration, rehabilitation, and renewal of Old Brick, which will cost approximately $1 million. Plans for this project are being developed by Kevin Manson of Neumann Manson Architects. ]:t will include the work necessary to preserve Old Brick's exterior, to make the auditorium a more efficient and versatile community gathering place, and to renovate some campus ministry space in the lower level and the office wing that is rented to nonprofit human service organizations. The Honorable Mayor and Member of the City Council April 16, 1999 We have applied to a variety of sources for grant funds to assist in this total effort. The elevator installation is the largest single element in the project, and CDBG funds will provide significant assistance in this undertaking. This Old Brick Renaissance has the support of the Old Brick Community Advisory Council, a group of 15 business and civic leaders from diverse constituencies who recognize the important role Old Brick has played and can continue to play in this community. Old Brick has served this community for over 140 years. We have developed a vision and a plan that will enable Old Brick to continue to serve this community well into the 21't Century. We hope the City of Towa City will join us in bringing this vision and plan to reality. Thank you for your consideration. Sincerely, ~y'Gerlit"~z' President Charles R. Coulter Vice President eRe/me 1349-52K ~nco FACTS ABOUT OLD BR:ZCI( HZSTORV. Erected in 1~856, Old Brick is the second oldest public building in Iowa City. Originally built and used as North Presbyterian Church, it is one of the few surviving local structures dating from the Civil War or earlier. Located in a promi- nent place in the heart of the University of Iowa Campus, Old Brick stands as an historic treasure. In :1973, the National Park Service placed it on the National Register of Historic Places. OWNERSI-IZP. Old Brick was saved from demolition in 1977 when it was purchased by Friends of Old Brick. In :1987, it was purchased by its current owner, Old Brick Episcopal Lutheran Corporation, a newly formed nonprofit, tax-exempt corporation, to house The Episcopal Chaplaincy and Lutheran Campus Ministry. M]:SSZON. Old Brick's mission is to encourage expressions of the human spirit, in- vite dialogue among diverse voices, and promote peace and justice, by: · Supporting and enhancing the Lutheran Campus AAinistry and the Episcopal Chaplaincy at the University of Iowa, · Preserving and caring for Old Brick as a building on the National Register of Historic Places, and · Serving as a gathering place for religious, civic, educational, cultural, and so- cial events in the community. CURRENT USES. Old Brick is a multi-function facility: · The former sanctuary serves as a community center for weddings, recep- tions, art exhibits, musical events, lectures, and worship space. · The lower level houses the campus ministry offices, student lounge, and meeting space. · The office wing is rented to nonprofit, human service agencies at below- market rental rates. RENA'rSSANCE. Beginning in 1997, Old Brick's Renaissance includes the Tenth Anni- versary of ownership and payment of a purchase money loan, its first restoration grant, hiring of an architect, a visionin9 session to develop a vision of Old Brick for the 21st Century, formation of Board committees, adoption of strict rules for par- ties, organization of a Community Advisory Council, applications for a series of res- toration grants, renewal.of Old Brick Programs, hiring a part-time program direc- tor, and development of a web site at OldBrick.orB. Work on Old Brick will benefit everyone A new vision for Old Brick? Seems almost sacrile- gious for the second-oldest public building in Iowa City. But it hm~ been new visions that kept the Old Brick vital, since its con- slmction in 1856. For more than 20 years, since its purchase by the University of Iowa and a fight to ~ve it, the building has been home to weddings, plays, award ceremonies, fund-raisers and all manner of public gatherings. Old Brick, though, is looking a little long in tile tooth and needs some work to make it even more usable for the community. Repairs. Re-allocation of some of the space. Accessibility for lhe disabled. All are a part of Ihe new vision. "We want it to be brought back to the classy building that it could be, so it is more inviting and used more," said Chuck Coulter, secret,'uy of Old Brick's Board of Directors. This is a fine idea, for a fine building that is a grea! part of Iowa City's history. NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, in the Council Chambers at the Civic Center at the regularly scheduled Council meeting at 7:00 p.m. on the 20th day of April, 1999, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, for the purpose of hearing comments for or against the amending of Title 3 of the City Code entitled ~1=inances, Taxation & Fees," Chapter 4 on City utilities to increase the rates for fees and charges for potable water use and service, wastewater treatment works user charges, and decrease the solid waste disposal fees. Information on the proposed rate increase or changes is available at the City Clerk' s Office and the Director of Finance. MARlAN K. KARR, CITY CLERK Prepared by: Don Yucuis, Finance Director, 410 E. Washington St., Iowa City, IA 52240 {319}356-5052 ORDINANCE NO. ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO INCREASE WASTEWATER SERVICE CHARGES AND FEES IN IOWA CITY, IOWA. WHEREAS, pursuant to Chapter 384, Code of Iowa (1997}, the City of Iowa City is authorized to establish and provide for the collection of rates to pay for the City's utility systems, including the City's wastewater treatment facility system; and WHEREAS, wastewater rates, which were last increased in 1998, are proposed to be increased to generate adequate revenues to pay the costs of operation, maintenance, necessary expansion and debt service for the City's wastewater treatment facilities; and WHEREAS, the City of Iowa City is required to comply with federal wastewater treatment standards, and is planning to make improvements to double the treatment capacity of the existing South Wastewater Treatment Plant; and WHEREAS, wastewater rates for fees and charges will fund these projects over time; and WHEREAS, the Iowa City City Council proposes to increase wastewater user fees by 10% for billings on or after August 1, 1999 to finance the necessary improvements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, .IOWA: SECTION I. AMENDMENT. Title 3, Chapter 4, Section 4, entitled "Wastewater Treatment Works User Charges," of the City Code should be and is hereby amended by repealing Section 3-4-4 and enacting in lieu thereof a new section 3-4-4 entitled 'Wastewater Treatment Works User Charges" to read as follows: Ordinance No. Page 2 Sanitary Sewer Service Charges; Description of Fee, Charge, Bond, Fine or Penalty Minimum Monthly Charge {includes the First 1 O0 Cu. Ft. of Water Used) Monthly Charge for Each Additional 1 O0 Cu. Ft. of Water Used Monthly Surcharge BOD (per pound) 300 or less MPL* WASTEWATER TREATMENT WORKS USER CHARGES: Amount of Fee, Charge, Bond, Rne or Penalty $ 6.51 BOD (per pound) from 301 MPL to 2000 MPL* BOD (per pound) greater than 2000 MPL* Suspended Solids (SS) (per pound) Monthly Minimum, Unmetered User Manufactured Housing Park, Monthly Minimum Per Lot Holding Tank Waste - plus landfill fees Holding Tank Waste Hauler - Annual Permit Deposit and Delinquency Fee for Combined City Water and/or Sanitary Sewer and/or Solid Waste Collection Accounts Residential owner account, per combined residential service for City water and/or sanitary sewer and/or solid waste collection service Residential tenant account, per combined resi- dential service for City water and/or sanitary sewer and/or solid waste collection service Five (5) percent delinquency charge on current billed portion of the outstanding amount on combined water and/or sanitary sewer and/or solid waste account that is not paid within twenty-two (22) days of billing date. Delinquency Deposit Fee for Combined City Water and/or Sanitary Sewer and/or Solid Waste Collection Accounts 3.19 Included in charge for 100 cu.ft. of water used .25 .375 .20 26.68 26.68 $.03 per gallon $800 per year $0 $80.00 5% current billed portion An amount equal to an aver- age two-month billing for the delinquent account City Code Chapter, Article or Section Reference 14-3A-4 14-3A-4 14-3A-4 14-3A-4 14-3A-4 14o3A-4 14-3A-4 14-3A-4 14-3A-4 14-3A-4 14-3A-7 14-3A-5 *Milligrams per liter (MPL) Ordinance No. Page 3 SECTION II. REPEALER. All ordinances and parts of. ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, to be collected as set forth in § 14-3A-4, City Code. Passed and approved this __ day of , 1999. MAYOR ATTEST: CITY CLERK APP~b;~i/2, ~ City Attorney's Office Date Prepared by: Don Yucuis, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5052 ORDINANCE NO. ORDINANCE AMENDING TITLE 3, *CITY FINANCES, TAXATION AND FEES,* CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO INCREASE WATER SERVICE CHARGES AND FEES IN IOWA CITY, IOWA. WHEREAS, pursuant to Chapter 384, Code of Iowa (1998), the City of Iowa City is authorized to establish and provide for the collection of rates to pay for the City's utility systems, including the City's water supply and treatment system; and WHEREAS, water rates, which were last increased in 1998, are proposed to be increased to generate adequate revenues to pay the costs of operation, maintenance, necessary expansion and debt service for the City's potable water supply and treatment system; and WHEREAS, the City of Iowa City is required to comply with federal safe drinking water standards, and is planning to construct a new water supply and treatment facility and distribution system; and WHEREAS, water rates for fees and charges will fund this major project over time; and WHEREAS, the Iowa City City Council proposes to increase water user fees by 15% for billings on or after August 1, 1999 to finance the necessary improvements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 3, Chapter 4, Section 3, entitled "Potable Water Use and Service," of the City Code is hereby amended by: Repealing the subsection entitled "Water Service Charges" in Section 3-4-3 and substituting the following in lieu thereof: Water Service Charges (14-3A-4) Minimum monthly user charges for water service for the first 1 O0 cubic feet or less of water used, based on meter size Amount of Fee, Charge, Bond. Fine or Penalty Meter Size August 1, 1999 finches) Char_oe 5/s $6.79 % 7.43 1 8.75 1 '/2 17.46 2 23.47 3 43.38 4 75.67 6 152.28 The minimum charges for larger meters will be based on comparative costs to a 6" meter. The minimum monthly charge for an account holder who furnishes and maintains the meter at the account holder's cost will be based on the minimum for a 5/8" meter, regardless of the size. There will be no minimum monthly charge for a single-purpose water meter from November to March for those months during which no water is used. Ordinance No. Page 2 Monthly user charges for water in excess of 100 cu. ft. per month for dual purpose water meters Single-purpose meter charges for water in excess of 100 cu. ft. per month Returned check/automatic bank debit for payment of water services Discount for combined accounts enrolled in sure pay, per billing Monthly August 1, 1999 Usage Char_ae fCu. Ft. ) 100 to $3.17/100 cu. ft. 3,000 cu .ft. Over 2.28/100 cu. ft. 3,000 cu.ft. Over 100 $3.17/100 cu. ft. Char_ae $10.00 1.00 Repealing the subsection entitled "Direct Purchase of Water Fee, per 200 gallons or Fraction Thereof" in Section 3-4-3 and substituting the following in lieu thereof: Direct Purchase of Water Fee, Per 200 Gallons or Fraction Thereof .50 SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as e whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, to be collected as set forth in § 14-3A-4, City Code. Passed and approved this day of , 1999. MAYOR City Attorney's Office ~nadrn~rcNnueas7.doc ATTEST: Date CITY CLERK Prepared by: Donald J. Yucuis, Finance Director, 410 E. Washington St, Iowa City, IA 52240; 319-356-5052 ORDINANCE NO. ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO CHANGE VARIOUS FEES FOR SOLID WASTE DISPOSAL. WHEREAS, the City wishes to decrease the residential solid waste collection fee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SFCTION I. AMFNDMFNT. Title 3, Chapter 4, Section 5, entitled 'Solid Waste Disposal," of the City Code is hereby amended by repealing subsection entitled 'Residential Solid Waste Collection Fees" and substituting in lieu thereof the following: Residential Solid Waste $11.00 (14-3A-4, Collection Fees per dwelling 14-3H-9H) unit, and 2 rooming units per month: Solid Waste Minimum, $8.20 includes 2 containers per week. Additional containers $1 ,(]O/container Curbside Recycling Fees Fees, per unit $2.80(14-3H-gH) SFCTION II. RFPFAI FR. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SFCTION III. SF'VFRARILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or pad thereof not adjudged invalid or unconsti- tutional. SFCTION IV, FFFF:CTIVF DATI=. This Ordi- nance shall be in effect after its final passage, approval and publication, to be collected as set forth in §14-3A-4, City Code. Passed and approved this day of ,1999. MAYOR ATTEST: CITY CLERK City of Iowa City MEMORANDUM Date: April 15, 1999 To: City Council, City Manager From: Don Yucuis, Finance Director ~S Re: Public Hearing - Water/Sewer olid Waste-Refuse Rate Decrease A public hearing has been set for Tuesday, April 20, 1999 to receive public input on proposed increases in water and sewer fees and a decrease in solid waste-refuse fee for billings on or after August 1, 1999. Water fees are proposed to:increase 15%, sewer fees are proposed to increase 10% and the solid waste-refuse fee is proposed to decrease by $.55/month. The water and sewer fee increases are needed to pay for the operating costs and current and future debt payments on bond issues funding for the project costs related to the new water plant and expansion of the wastewater treatment facility. The fee increases will also maintain the City Council policy of accumulating 20% cash to pay a portion of the project costs. Solid waste-refuse fees are proposed to decrease by $.55/month. The solid waste- refuse/recycling fee currently totals $11.55/month and will be reduced to $11.00/month. August 1, 1999 is the projected effective date for these changes. A chart is attached that graphically compares water and sewer rates to other communities in Iowa. Below is a summary of the percent increase in water and sewer fees since 1991 and projected out to 2001. Water Sewer 9/1991 Actual 25% 10% 3/1995 Actual 40% 35% 3/1996 Actual 30% 15% 3/1997 Actual 20% 1 O% 3/1998 Actual 15% 10% 8/1999 Proposed 15% 10% 8/2000 Proposed 10% 5% 8/2001 Proposed -- 5% 2 Below is a summary of the impact to the average residential user (800 cubic ft/month) before and after the proposed rate increase of 15% for water and 10% sewer and the change in the refuse fee. Average Residential Use (800 Cubic Feet/Month) Actual 3/1/97 (mjn-200 cu. ft.) Actual 3/1/98 (min-100 cu. ft.) Proposed 8/1/99 (min-100 cu. ft.) Water ~24.65 $25.22 $28.98 State tax (water only) 1.23 1.26 1.45 Sewer 26.54 26.22 28.84 Refuse 8.75 8.75 8.20 Recycling 2.80 2.80 2.80 Total $63.97 964.25 970.27 .4% increase 9.4% increase The monthly minimum is summarized below: 3/1/97 3/1/98 3/1/99 Minimum Minimum Minimum 200 cu. ft. 100 cu. ft. 100 cu. ft. Water ~10.25 ~ 5.90 $ 6.79 Sales tax .51 .30 .34 Sewer 10.76 5.92 6.51 Refuse 8.75 8.75 8.20 Recycling 2.80 2.80 2.80 Total 933.07 923.67 924.64 4.1% increase The impact to those users who qualify for the discount program is summarized below: Current discount rates are: Water Sewer Solid Waste-Curbside Solid Waste - Recycling 60% of minimum 60% of minimum 75% of minimum 75% of minimum Water Sales tax Sewer Refuse Recycling Total discount 3/1/98 ~ 3.54 .18 3.55 6.56 2.10 915.93 8/1/99 4.07 .20 3.92 6.15 2.10 6.44 finadm\memos\wtrsrinc .doc NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 20th day of April, 1999, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa; at which hearing the Council will consider: 1. A resolution of intent to convey 2750 Irving Avenue, also described as Lot 57 Walden Hills to the tenant and setting a public hearing for April 20th. Copies of the proposed resolution are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARlAN K. KARR, CITY CLERK hisadm/nph-pine/doc