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HomeMy WebLinkAbout2018-04-17 OrdinancePrepared by: Sylvia Bochner, 410 E. Washington Street, Iowa City, IA 52240; 319-3565240 (REZ18-00003) Ordinance No. An ordinance conditionally rezoning approximately 1.1 acres of property located at 225 and 225 % Prentiss Street, from Intensive Commercial (CIA) to Riverfront Crossings—Central Crossings (RFC -CX). (REZ18-00003) Whereas, the applicant, Hodge Construction, has requested a rezoning of property located at 225 and 225'/2 Prentiss Street from Intensive Commercial (CI -1) to Riverfront Crossings—Central Crossings (RFC - CX); and Whereas, the Downtown and Riverfront Crossing Master Plan indicates that this area should be redeveloped with multi -family housing and the restoration of Ralston Creek; and Whereas, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for improvement of Ralston Creek and providing a pedestrian street in accordance with the Form -Based Development Standards for RFC -CX; and Whereas, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and Whereas, the owner and applicant has agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I Approval. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of Intensive Commercial (CIA) to Riverfront Crossings—Central Crossings (RFC -CX): Lot 3, except the north 50 feet thereof, and all of Lot 4, in Block 10, County Seat Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 1 and 2, Page 253, Deed of Records of Johnson County, Iowa; and The north 50 feet of Lot 3 in Block 10, County Seat Addition to Iowa City, Iowa. According to the recorded plat thereof; and Lots 1 and 2 in Block 10 in that part of Iowa City, Iowa, laid off by the Commissioners of Johnson County, Iowa, as the County Seat of Johnson County, Iowa, according to the recorded plat thereof. Section It. Zoning Mao. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. Section III. Conditional Zoning Aqreement. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. Section IV. Certification and Recording. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. Section V. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section VI. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Ordinance No. Page 2 Section VII. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 20 MAYOR ATTEST: CITY CLERK City Attomer/s Office Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ18-00003) Conditional Zoning Agreement This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City") and Dubuque and Prentiss Investments LC (hereinafter "Owner"). Whereas, Owner is the legal title holder of approximately 1.1 acres of property located at 225 and 225 '% Prentiss Street; and Whereas, the Owner has requested the rezoning of said property from Intensive Commercial (CI -1) to Riverfront Crossings—Central Crossings (RFC -CX); and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding improvements to Ralston Creek and development of a pedestrian street, the requested zoning is consistent with the Comprehensive Plan; and Whereas, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and Whereas, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for creek restoration and pedestrian connectivity; and Whereas, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. Now, therefore, in consideration of the mutual promises contained herein, the parties agree as follows: Dubuque and Prentiss Investments LC is the legal title holder of the property legally described as Lot 3, except the north 50 feet thereof, and all of Lot 4, in Block 10, County Seat Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 1 and 2, Page 253, Deed of Records of Johnson County, Iowa; and The north 50 feet of Lot 3 in Block 10, County Seat Addition to Iowa City, Iowa. According to the recorded plat thereof; and Lots 1 and 2 in Block 10 in that part of Iowa City, Iowa, laid off by the Commissioners of Johnson County, Iowa, as the County Seat of Johnson County, Iowa, according to the recorded plat thereof. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Downtown and Riverfront Crossings Master Plan. Further, the parties acknowledge that Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested PPd3dMa00=19-00003 =dx change. 3. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: A. Improvement of Ralston Creek and the adjacent pedestrian street in accordance with the Form -Based Development Standards for Riverfront Crossings as follows: 1. Removal of invasive trees. 2. Stream bank stabilization including necessary grading and addition of rip -rap. 3. Planting of trees in accordance with a plan approved by the City Forester. 4. Installation of a minimum 6 -foot wide sidewalk adjacent to the top of the streambank. 5. Installation of pedestrian scale lighting. 6. Dedication of temporary construction easements for the reconstruction of the Prentiss Street Bridge. 7. The above work shall be done according to a plan prepared by the Owner and approved by the City Engineer prior to the issuance of a building permit. B. Owner shall satisfy the affordable housing obligations imposed pursuant to Iowa City Code of Ordinances 14-2G-8 through the provision of on-site or off-site owner - occupied dwelling units, on-site or off-site rental dwelling units, and/or the payment of a fee in lieu thereof, as agreed to between Owner and the City in an affordable housing agreement entered into prior to issuance of a building permit for development of any portion of the above-described property. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2017), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be ppdadM2gVMZ18-W003 = dw 2 construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of City of Iowa City Jim Throgmorton, Mayor Attest: Kellie Fruehling, City Clerk Ap rloved b City Attorney's Office City Of Iowa City Acknowledgement: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 20 �aFjuri yr 1O^� �/ln7''3.� �pi7�..ror�h�G.L. By: /lev,:� 0 This instrument was acknowledged before me on 20_ by Jim Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) Corporate Acknowledgement: STATE OF IOWA ) ) ss: GOd.dM.V.18-00003 m d« 3 JOHNSON COUNTY ) This instrument was acknowledged before me on as 20_ by of Inc. Notary Public in and for said County and State (Stamp or Seal) Title (and Rank) Dubuque and Prentiss Investments LC Acknowledgment: State of Countyof This record was acknowledged before me on y LAR (Date) by �� , 0"'C01.1Q., (Name(s) of individual(s) as cn,rpr (type of authority, such as officer or trustee) of F �ttZ,�_ • ,z, v� Pent,«: oc �_,�� LC (name of party on behalf of whom record was executed). ,,.2% DENISE ROOM 0 Commission Number 726698 My Commission Expires February 2, 2019 Notary Public in a dfo the State of Iowa (Stamp or Seal) Title (and Rank) My commission expires: ppdadMagVrez18-00003 aa. dx 4 Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: First Consideration Vote for passage: Botchway; Cole Second Consideration _ Vote for passage: Date published ABSENT: Botchway Cole Mims Salih Taylor Thomas Throgmorton 04/17/2018 that the AYES: Mims, Salih, Taylor, Thomas, Throgmorton, NAYS: None. ABSENT: None. 5b Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ17-00005) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 0.62 ACRES OF LAND FROM COMMUNITY COMMERCIAL (CC -2) ZONE TO RIVERFRONT CROSSINGS — WEST RNERFRONT (RFC -WR) ZONE FOR PROPERTY LOCATED AT S. 513 RIVERSIDE DRIVE (REZ17-00005) WHEREAS, the applicant, 513 Riverside LLC, has requested a rezoning of property locally known as S. 513 Riverside Drive from Community Commercial (CC -2) zone to Riverfront Crossings — West Riverfront (RFC -WR) zone; and and WHEREAS, the subject properties are located in the West Riverfront subdistrict of Riverfront Crossings; WHEREAS, the Downtown and Riverfront Crossings Master Plan, an integral part of the Comprehensive Plan, sets forth goals and objectives for the West Riverfront subdistrict, including the goals of improving conditions for pedestrians and bicyclists, tempering auto orientation, and enhancing the streetscape and overall aesthetics of the corridor in order to safely support redevelopment of properties for higher density residential living and pedestrian -oriented commercial uses; and WHEREAS, the zoning standards that apply in the West Riverfront zoning district encourage development that is of a scale and design to achieve the desired development character described in the Riverfront Crossings Master Plan and will improve the quality of the neighborhood by reserving frontage areas along streets for pedestrians and restricting parking and vehicular access to areas behind buildings, and require provision of affordable housing; and WHEREAS, Riverside Drive has a substandard right-of-way width that does not provide adequate space for a sidewalk and parkway buffer with street trees to meet requirements in the Riverfront Crossings form - based zoning code; and WHEREAS, the requested rezoning will allow a significant increase in the residential population in the area, which will increase the need for affordable housing, and increase pedestrian and bicycle traffic along Riverside Drive and, therefore, additional public right-of-way to widen pedestrian areas along Riverside Drive and close driveways that do not meet the City's access management standards will be necessary as well as the provision of affordable housing options; and WHEREAS, Iowa City Code 14-2G-8 requires that, upon rezoning to RFC -WR, the owner must enter into an agreement with the City establishing how the owner will provide affordable housing when the property is redeveloped; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for the dedication of land along the Riverside Drive frontage to widen the pedestrian area within the right -0f -way to a minimum of 20 feet in width, closure of driveways according to the Citys access management standards, and provision of affordable housing; and WHEREAS, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owner and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of Community Commercial (CC -2) Zone to Riverfront Crossings -West Riverfront (RFC -WR) Zone: IOWA CITY RYERSON'S AND SHARP'S SUBDIVISION LOT 1, COMMENCING AT THE SOUTHWEST CORNER OF MYRTLE AVENUE AND RIVERSIDE DRIVE; SOUTH 157', THEN WEST 1178% THEN NORTH 160', THEN EAST 159' TO THE POINT OF BEGINNING. Ordinance No. Page 2 SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this _ day of .2018 MAYOR ATTEST: CITY CLEW - ed ed by City Attorneys Office /� Z44 Prepared by: Karen Howard, 410 E. Washington, lots City, IA 52240 (319) 356-5251 (REZ16-oo005) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and 513 Riverside, LLC (referred to hereinafter as "Owners"). WHEREAS, Owners are the collective legal title holders of approximately 0.62 acres of property locally known as 513 S. Riverside Drive in Iowa City; and WHEREAS, the Owners have requested the rezoning of the subject properties from Community Commercial (CG -2) Zone to Riverfront Crossings — West Riverfront (RFC -WR); and WHEREAS, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, Riverside Drive is currently an auto -oriented arterial street with high traffic volumes and higher speeds and little to no space within the public right-of-way for pedestrians and bicycles and with an excessive number of driveway access points that further increase potential traffic conflicts between all modes of travel; and WHEREAS, the Increased density of residential living and urban commercial intensity allowed with the RFC -WR zoning Will result in the need for an improved "public realm" along Riverside Drive, including improved streets with safer and more attractive areas for people to walk and bike; and WHEREAS, the requested rezoning will allow a significant increase in the residential population in the area, which will increase the pedestrian and bicycle traffic along Riverside Drive and, therefore, additional public right-of-way to widen pedestrian areas along Riverside Drive will be needed; and WHEREAS, certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan, including the need for a safe, attractive, and comfortable environment for residential living and improved streets that will encourage walking and biking and improve traffic safety; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions to ensure improved pedestrian and bicycle safety and comfort and to provide for safe traffic circulation upon redevelopment, the requested zoning is consistent with the Comprehensive Plan; and, WHEREAS, the high percentage of housing cost -burdened households is the most common housing problem within the City of Iowa City, and one of the primary areas where people face housing affordability challenges is near the University campus and the City's urban core; and, WHEREAS, the Riverfront Crossings District Is well -situated to support a mix of housing due to its close proximity to downtown Iowa City and the University of Iowa campus, its existing and planned mix of uses, convenient access to public transit and municipal parking facilities; and WHEREAS, the Riverfront Crossings Form Based Code Is intended to encourage a walkable, pedestrian -friendly area where residents can work, live and play, and will Increase the need for housing that is affordable to the workforce; and WHEREAS, the rezoning to RFC WR will allow residential development at a density not previously permitted; and, WHEREAS, the Riverfront Crossings Form Based Code requires that upon a rezoning to a riverfront crossings zoning designation, the property owner must enter into an agreement with the city to establish which method or methods the Developer will use to provide the required affordable housing. NOW. THEREFORE, in consideration of the mutual promises contained herein, the parties 1 of 4 agree as follows: Owners are the collective the legal title holders of the property legally described as follows: IOWA CITY RYERSON'S AND SHARP'S SUBDIVISION LOT 1, COMMENCING AT THE SOUTHWEST CORNER OF MYRTLE AVENUE AND RIVERSIDE DRIVE; SOUTH 157', THEN WEST 1781; THEN NORTH 1601, THEN EAST 159' TO THE POINT OF BEGINNING. 2. The Owners acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan, including the West Riverfront Subdistrict of the Downtown and Riverfront Crossings Master Plan, and the Owners intend to comply therewith. Further, the parties acknowledge that Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owners agree that development of the subject property will conform to all requirements of the zoning chapter, as well as the fallowing conditions: a. Prior to issuance of any permit for any improvements to the subject property or coincident with the City's street Improvement project, whichever occurs first, land shall be dedicated to the City along Riverside Drive to Improve conditions along the street necessary for the increase in pedestrians and bicyclists anticipated with the rezoning according to the goals and objectives of the Rlverfront Crossings Master Plan. The ROW dedication shall result in a minimum 20 foot wide pedestrian area between the new front property line and the street curb along the Riverside Drive frontage, including at the comer of Riverside Drive and Myrtle Avenue; b. Prior to Issuance of any permit for any improvements to the subject property or coincident with the City's street Improvement project, whichever occurs first, the two driveways closest to the Intersection of Riverside Drive and Myrtle Avenue shall be closed and the area subsequently restored and improved for pedestrian use. In addition, prior to issuance of any permit for any improvements to the subject property or coincident with the City's street improvement project, whichever occurs first, the southernmost driveway on the Riverside Drive frontage shall be evaluated according to the City's access management standards as set forth in Article 14-5C of the City Code of Iowa City, with the City reserving the right to close or move driveway access points, or reduce to a single directional drive (such as right-outonly), in compliance with said standards; c. Owner shall safisfy the affordable housing obligations Imposed pursuant to Iowa City Code of Ordinances 1426-8 through the provision of on-site owner - occupied dwelling units, on-site rental dwelling units, and/or the payment of a fee In lieu of the remaining dwelling units not provided on-site or as otherwise agreed to between Owner and the City in an affordable housing agreement entered into prior to issuance of a building permit for development of any portion of the above- described property. 2of4 4. The conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2017), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. In the event the subject property is transferred, sold, redeveloped, or subdivided, all development will conform with the terms of this Conditional Zoning Agreement. 6. This Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. 7. This agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 8. Nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 9. This Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Owners' expense. Dated this day of CITY OF IOWA CITY James Throgmorton, Mayor Attest: VPpov -T,-D-6-1y--1r,7 City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 3of4 2015(. OWN �. By: Riverside, LLC a, /'C'( 1ravcf This instrument was acknowledged before me on 2017 by James Throgmorton and Julie Voparil as Mayor and Deputy City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) My commission expires: 513 RIVERSIDE, LLC ACKNOWLEDGMENT: STATE OF IOWA ) as: JOHNSON COUNTY) /- This instrument was acknowledged before me on IflWaL 169 , 201/ by Cf1 WIeS 6PAVt (Name(s) of individual(s) as (type of authority, such as officer or trustee) of 513 Riverside LLC. IIIIIIIIrf1:. .�Cm -77777 / r Notary P�nd for the State (Stamp or Seal) Title (and Rank) My commission expires: 4of4 Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Cole Mims Salih Taylor Thomas Throgmorton First Consideration 04/17/2018 Voteforpassage: AYES: Salih, Taylor, Thomas, Throgmorton, Botchway, Cole, Mims. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published that the 66 Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 3193565240 (REZ18-00011) Ordinance No. Ordinance rezoning property located at 715 Park Road from Low Density Single Family Residential (RS -5) to RS -5 with a Historic Preservation Overlay (RS -5 / OHP) zone. (REZ18-00011) Whereas, the applicant, the Historic Preservation Commission, has requested a rezoning of property located at 715 West Park Road from Low Density Single Family Residential (RS -5) to Low Density Single Family Residential with a Historic Preservation Overlay (RS -5 / OHP); and Whereas, this structure was built in 1917 in the American Tudor Revival style with elements of the English Arts -and -Crafts style and is associated with Dr. Albert Henry Byfield, the founding Department Chair of the Pediatrics Department in the University of Iowa College of Medicine; and Whereas, this building was listed on the National Register of Historic Places in March 2017; and Whereas, Goal 1 of the Historic Preservation component of the Comprehensive Plan calls for identification of resources significant to Iowa City's past with the objective of designating individual buildings as landmarks; and Whereas, the Historic Preservation Commission has reviewed the proposed Historic Landmark designation, has found that it meets the criteria for landmark designation in its association with a significant Iowa City resident and its distinctive architecture; and Whereas, the Planning and Zoning Commission has reviewed the proposed Historic Landmark designation rezoning, has found that it meets the Comprehensive Plan goal of preserving historic neighborhoods; Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Historic Landmark Approval. Property described below is hereby reclassified from its current zoning designation of Low Density Single Family Residential (RS -5) zone to Low Density Single Family Residential with a Historic Preservation Overlay (RS -5 / OHP) zone: Commencing at the Northeast comer of Block 3, in Manville Addition to Iowa City, Iowa, according to the recorded Plat thereof, thence West along the North line of said Block 3 to the West line of Woolf Avenue (now vacated) 325.5 feet, thence South 190 feet along the West line of Woolf Avenue (now vacated), thence East 90 feet, thence South 79 degrees 11 minutes East 92.2 feet, thence East 150 feet to the East line of said Block 3 to a point which is 214 feet South of the Northeast comer of said Block 3, thence North along the East line of said Block 3 to a point of beginning, together with an easement for right of way purposes upon, over, along, and across the concrete drive located as shown on Plat of survey dated and recorded September 19, 1957, in Plat Book 4, page 382 in the records of the Recorder's office of Johnson County, Iowa, and subject to easement of record for right of way upon, over, along and across said concrete drive located as shown on said Plat of survey; provided however, that the following described property is excepted from this conveyance: Commencing at the NW comer of Block 3, in Manville Addition to Iowa City, Iowa, according to the recorded Plat thereof, thence West along the North line of said Block 3 extended 25 feet to the West line of Woolf Avenue (now vacated); thence South approximately 190 feet along the West line of Woolf Avenue (now vacated) to an existing iron pin which lies 189. 08 feet S 0 degrees 00'00" of the aforedescribed point; thence East approximately 90.0 feet to an existing iron pin which lies 89.96 feet N 89 degrees 59'30" E of the aforedescribed point; thence on an approximate bearing S 79 degrees 11 'E, approximately 92.2 feet to an existing iron pin which lies 92.08 feet S 79 degrees 10'20" E of the aforedescribed point; thence Ordinance No. Page 2 Northwesterly along a curve concave Northeasterly identified by the West edge of an existing concrete drive to an iron pin which lies 73.05 feet N 56 degrees 09'55" W of the aforedescribed point; thence N 21 degrees 21 '05" W, 75.79 feet to an iron pipe; thence N 0 degrees 00'00", 97.44 feet to an iron pipe; thence S 88 degrees 38'10" W, along the North line of said Block 3, 67.20 feet to the point of beginning. Section II Zoning Mao. The Building Inspector 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 by law. Section III. Certification And Recording. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. Section IV. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section V. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section VI. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 20 Mayor Approved by: 4�l�faer City Clerk dityttorney's Office q I ie Ordinance No. Page It was moved by and seconded by_ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Cole Mims Salih Taylor Thomas Throgmorton First Consideration 04/17/2018 Vote forpassage:AYES: Taylor, Thomas, Throgmorton, Botchway, Cole, Mims, Salih. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published that the Sri Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-3565240 (REZ18-00010) Ordinance No. Ordinance rezoning property located at 1029 North Dodge Street from Medium Density Single Family Residential (RS -8) to RS -8 with a Historic Preservation Overlay (RS -8 / OHP). (RFZ18-00010) Whereas, the applicant, the Historic Preservation Commission, has requested a rezoning of property located at 1029 North Dodge Street from Medium Density Single Family Residential IRS - 8) to Medium Density Single Family Residential with a Historic Preservation Overlay (RS -8 / OHP); and Whereas, this structure was originally constructed in 1893 and is a Queen Anne -style house with evidence of a transitional Colonial Revival Style; Whereas, Goal 1 of the Historic Preservation component of the Comprehensive Plan calls for identification of resources significant to Iowa City's past with the objective of designating individual buildings as landmarks; and Whereas, the Historic Preservation Commission has reviewed the proposed Historic Landmark designation, has found that it meets the criteria for landmark designation in its significant to Iowa City architecture and its distinctive Queen Anne and Colonial Revival characteristics; and Whereas, the Planning and Zoning Commission has reviewed the proposed Historic Landmark designation rezoning, has found that it meets the Comprehensive Plan goal of work proactively to preserve historic neighborhoods and properties which reflect the organic development of neighborhoods in the community; Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Historic Landmark Approval. Property described below is hereby reclassified from its current zoning designation of Medium Density Single Family Residential (RS -8) zone to Medium Density Single Family Residential with a Historic Preservation Overlay (RS -8 / OHP) zone: All of Lot 43, except the North 213 feet thereof, of the Sub -division of the SE'/< of Section 3, in Township 79 North, Range 6 West of the 5th Prime Meridian. Section II. Zoning Map. The Building Inspector 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 by law. Section III. Certification And Recording. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. Section IV. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section V. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section VI. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 20 Ordinance No. Page 2 Mayor Approved by: City Clerk Ci �Attonney's Office `f'17/if Ordinance No. Page It was moved by and seconded by_ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: First Consideration 04 Vote for passage: AYES: Salih,Taylor. NAYS: Second Consideration _ Vote for passage: Date published Botchway Cole Mims Salih Taylor Thomas Throgmorton 7/2018 that the Thomas, Throgmorton, Botchway, Cole, Mims, None. ABSENT: None. 5e� Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ18-00012) Ordinance No. Ordinance rezoning property located at 504 East Bloomington Street from Commercial Office (CO -1) to CO -1 with a Historic Preservation Overlay (CO -1 / OHP). (REZ18-00012) Whereas, the applicant, the Historic Preservation Commission, has requested a rezoning of property located at 504 East Bloomington Street from Commercial Office (CO -1) to Commercial Office with a Historic Preservation Overlay (CO -1 / OHP); and Whereas, this structure was built in 1880 by George and Helen Hummer, prominent Iowa City residents connected to George Hummer Mercantile Co.; and Whereas, the Comprehensive Plan encourages the preservation of older housing stock in the Central District and preservation of historic assets; and Whereas, Goal 1 of the Historic Preservation component of the Comprehensive Plan calls for identification of resources significant to Iowa City's past with the objective of designating individual buildings as landmarks; and Whereas, the Historic Preservation Commission has reviewed the proposed Historic Landmark designation, has found that it meets the criteria for landmark designation in its association with a significant Iowa City resident and its distinctive architecture; and Whereas, the Planning and Zoning Commission has reviewed the proposed Historic Landmark designation rezoning, has found that it meets the Comprehensive Plan goal of providing incentives to maintain and reinvest in older housing, preserving historic neighborhoods and identifying historic resources that are not currently protected by landmark designation; Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Historic Landmark Approval. Property described below is hereby reclassified from its current zoning designation of Medium Density Single Family Residential (CO -1) zone to Medium Density Single Family Residential with a Historic Preservation Overlay (CO -1 / OHP) zone: South 110 feet of Lot 5 in Block 37, Original Town, Iowa City, Iowa Section II. Zoning Map. The Building Inspector 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 by law. Section III. Certification And Recording. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. Section IV. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section V. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section VI. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 20_. Ordinance No. Page 2 Mayor Approved by: aJ City Clerk City Attorney's Office 1/01t Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Cole Mims Salih Taylor Thomas Throgmorton First Consideration 04/17/2018 Voteforpassage: AYES: Throgmorton, Botchway, Taylor, Thomas. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published that the Cole, Mims,"Salih, -4 Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ18-00009) Ordinance No. Ordinance rezoning property located at 213 East Market Street from Central Business Support (CB -5) to CB -5 with a Historic Preservation Overlay (CB -5 / OHP). (REZ18-00009) Whereas, the applicant, the Historic Preservation Commission, has requested a rezoning of property located at 213 East Market Street from Central Business Support (CB -5) to Central Business Support with a Historic Preservation Overlay (CB -5 / OHP); and Whereas, this structure was originally constructed in 1870 by a prominent participant in the brewery industry; Whereas, the Comprehensive Plan encourages the preservation of historic buildings in the Northside Marketplace; and Whereas, Goal 1 of the Historic Preservation component of the Comprehensive Plan calls for identification of resources significant to Iowa City's past with the objective of designating individual buildings as landmarks; and Whereas, the Historic Preservation Commission has reviewed the proposed Historic Landmark designation, has found that it meets the criteria for landmark designation in its significance to Iowa City history, integrity of location and design, and has recommended approval; and Whereas, the Planning and Zoning Commission has reviewed the proposed Historic Landmark designation rezoning, has found that it meets the Comprehensive Plan goals of protecting the historic character of the Northside Marketplace and emphasizing the historic significance of the 19th century brewery industry in this area; Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Historic Landmark Approval Property described below is hereby reclassified from its current zoning designation of Central Business Support (CB -5) zone to Central Business Support with a Historic Preservation Overlay (CB -5 / OHP) zone: West 40 feet, Lot 3, Block 67, Original Town, Iowa City, Iowa. Section II. Zoning Map. The Building Inspector 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 by law. Section III. Certification And Recording. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. Section IV. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section V. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section VI. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 20 Ordinance No. Page 2 Mayor Approved by: Q IL JSL"'`G4 9310--r� iG� City Clerk ((ity Orney's Office q / a l,p Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Cole Mims Salih Taylor Thomas Throgmorton First Consideration 04/17/2018 Vote for passage: AYES: Botchway, Cole, Mims, Salih, Taylor, Thomas, Throgmorton. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published w Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ18-00006) Ordinance No. Ordinance rezoning property located at 412 North Dubuque Street from High Density Multi -Family Residential (RM -44) to RM -44 with a Historic Preservation Overlay (RM -44 / OHP). (RF218-00006) Whereas, the applicant, the Historic Preservation Commission, has requested a rezoning of property located at 412 North Dubuque Street from High Density Multi -Family Residential (RM -44) to High Density Multi -Family Residential with a Historic Preservation Overlay (RM -44 / OHP); and Whereas, this structure was originally constructed between 1865 and 1875 and was home to prominent Iowa City residents Sylvanus Johnson and David Boarts; and Whereas, the Comprehensive Plan encourages the preservation of historic buildings in the neighborhoods surrounding the University of Iowa campus; and Whereas, Goal 1 of the Historic Preservation component of the Comprehensive Plan calls for identification of resources significant to Iowa City's past with the objective of designating individual buildings as landmarks; and Whereas, the Historic Preservation Commission has reviewed the proposed Historic Landmark designation, has found that it meets the criteria for landmark designation in its significance to Iowa City history, integrity of location and design, and has recommended approval; and Whereas, the Planning and Zoning Commission has reviewed the proposed Historic Landmark designation rezoning, has found that it meets the Comprehensive Plan goals of providing incentives to maintain and improve older housing stock, especially near the University Campus and identifying historic resources that are not currently protected by landmark designation; Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Historic Landmark Approval. Property described below is hereby reclassified from its current zoning designation of High Density Multi -Family (RM -44) zone to High Density Multi - Family with a Historic Preservation Overlay (RM -44 / OHP) zone: North 50 feet of Lot 5, Block 70,*Odginal Town, Iowa City, Iowa Section It. Zoning Map. The Building Inspector 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 by law. Section III. Certification And Recording. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson. County, Iowa, at the owner's expense, all as provided by law. Section IV. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section V. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section VI. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided bylaw. Passed and approved this day of 20_. Ordinance No. Page 2 Mayor Attest: City Clerk Approved by: LJ�7 `*�vl�/oN'� WFT1�''i✓ City Attonneys Office c) ►i /l b Ordinance No. Page It was moved by and seconded by_ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: First Consideration 04/17/2018 Vote for passage: AYES: Cole. NAYS: None. Second Consideration _ Vote for passage: Date published Botchway Cole Mims Salih Taylor Thomas Throgmorton that the Cole, Mims, Salih, Taylor, Thomas, Throgmorton, ABSENT: None. Deferred to 5/15/18 5h Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ18-00008) Ordinance No. Ordinance rezoning property located at 319 East Bloomington Street from Central Business Service (CB -2) to CB -2 with a Historic Preservation Overlay (CB -2 / OHP). (REZ18-00008) Whereas, the applicant, the Historic Preservation Commission, has requested a rezoning of property located at 319 East Bloomington Street from Central Business Service (CB -2) to Central Business Service with a Historic Preservation Overlay (CB -2 / OHP); and Whereas, this structure was originally constructed in 1878-1879 by prominent participants in the brewery industry; Whereas, the Comprehensive Plan encourages the preservation of historic buildings in the Northside Marketplace; and Whereas, Goal 1 of the Historic Preservation component of the Comprehensive Plan calls for identification of resources significant to Iowa City's past with the objective of designating individual buildings as landmarks; and Whereas, the Historic Preservation Commission has reviewed the proposed Historic Landmark designation, has found that it meets the criteria for landmark designation in its significance to Iowa City history, integrity of location and design, and has recommended approval; and Whereas, the Planning and Zoning Commission has reviewed the proposed Historic Landmark designation rezoning, has found that it meets the Comprehensive Plan goals of protecting the historic character of the Northside Marketplace and emphasizing the historic significance of the 19th century brewery industry in this area; Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Historic Landmark Approval. Property described below is hereby reclassified from its current zoning designation of Central Business Service (CB -2) zone to Central Business Service With a Historic Preservation Overlay (CB -2 / OHP) zone: East 65 feet of Lot 2, Block 58, excepting the South 60 feet of the East 10 feet thereof, Original Town, Iowa City, Iowa Section II. Zoning Map. The Building Inspector 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 by law. Section III. Certification And Recording. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. Section IV. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section V. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section VI. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided bylaw. Passed and approved this day of 20_ Ordinance No. Page 2 Mayor Attest: City Clerk Approved by: -,8" Deferred to 5/15/18 Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ18-00007) Ordinance No. Ordinance rezoning property located at 410-412 North Clinton Street from High Density Multi -Family Residential (RM -44) to RM -44 with a Historic Preservation Overlay (RM -44 / OHP). (REZ18-00007) Whereas, the applicant, the Historic Preservation Commission, has requested a rezoning of property located at 410 North Clinton Street from High Density Multi -Family Residential (RM -44) to High Density Multi -Family Residential with a Historic Preservation Overlay (RM -44 / OHP); and Whereas, this structure was originally constructed in 1865 and is associated with several prominent figures from Iowa City's history; and Whereas, the Comprehensive Plan encourages the preservation of historic buildings in the neighborhoods surrounding the University of Iowa campus; and Whereas, Goal 1 of the Historic Preservation component of the Comprehensive Plan calls for identification of resources significant to Iowa City's past with the objective of designating individual buildings as landmarks; and Whereas, the Historic Preservation Commission has reviewed the proposed Historic Landmark designation, has found that it meets the criteria for landmark designation in its significance to Iowa City history, integrity of location and design, and has recommended approval; and Whereas, the Planning and Zoning Commission has reviewed the proposed Historic Landmark designation rezoning, has found that it meets the Comprehensive Plan goals of providing incentives to maintain and improve older housing stock, especially near the University Campus and identifying historic resources that are not currently protected by landmark designation; Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Historic Landmark Approval. Property described below is hereby reclassified from its current zoning designation of High Density Multi -Family (RM -44) zone to High Density Multi - Family with a Historic Preservation Overlay (RM -44 / OHP) zone: North Half of Lots 5 and 6, Block 75, Original Town, Iowa City, Iowa Section II. Zoning Map. The Building Inspector 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 by law. Section III. Certification And Recording. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. Section IV. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section V. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section VI. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 20 Ordinance No. Page 2 Mayor Attest: City Clerk Approved by: -4µ �k�LGrie,dEbti"' City Attorney's Office )3 Prepared by: Jacklyn Budding, Budget & Compliance Officer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5063 Ordinance No. 18-4745 Ordinance amending Title 3, entitled "Finances, Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties"; and Title 16, entitled "Public Works," Chapter 3, entitled "City Utilities," Article A, entitled "General Provisions," Section 5 entitled "Establishing City Utility Accounts; Deposits Required." Whereas, pursuant to Chapter 384, Code of Iowa (2017), 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, the City's financial policies dictate that the Water fund shall be self-supporting; and Whereas, the City's current water rate structure does not provide revenue to sufficiently fund the necessary water main replacements and water fund capital program; and Whereas, the Iowa City City Council intends to provide a water rate and fee structure that makes the City's water utility self-sustaining; and Whereas, to that end, the Iowa City City Council proposes to increase water user charges by 5% on July 1, 2018 to recover the City's cost of providing those services; and Whereas, City staff seeks to codify the fees charged for after-hours callouts for any water work done outside of normal working hours; and Whereas, the cost of the SurePay discount continues to rise, and people are no longer needing to be incentivized to sign up for SurePay; and Whereas, the limit is set by the State for charges for returned checks/automatic bank debits, and the fees for returned checks/automatic bank debits need not be codified; and Whereas, the City has been providing a Low -Income Discount program for several years already; and Whereas, the policies for the Low -Income Discount program should be codified; and Whereas, similar to the Low -Income Discount program, the delinquency deposit is waived if the account holder enrolls in SurePay.and Whereas, it is in the best interests of the City to enact the following ordinance. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Amendments. 1. Title 3, entitled "Finances, Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," Section 3, entitled "Potable Water Use Ordinance No. 18-4745 Page 12 and Service," of the City Code is hereby amended by deleting it in its entirety and replacing it as follows: 3-4-3: POTABLE WATER USE AND SERVICE: Description Of Fee, Charge, Amount Of Fee, Charge, Bond, Fine Or Penalty Bond, Fine Or Penalty Water service charges Charge i (see section 16-3A-4 of this code): Meter Size (Inches) F July 1, 2018 For first 100 cubic feet s/8, 5/8 x 3/4 $ 7.42 or less of water used, 3/4 8.11 based on meter size 1 9.56 11/2 19.06 2 25.63 3 47.37 4 82.62 6 166.25 r— There will be no minimum monthly charge for a single purpose water meter for the months of November to March if no water is used. User charges for water in Monthly Charge Per 100 Cubic Feet i excess of 100 cubic feet Usage --July per month: (Cubic Feet) 1, 2018 Dual purpose meters 101 -3,000 $3.47 Over 3,000 $2.49 Single purpose meters Over 100 $3.47 Charge Other charges and July 1, 2018 discounts: Low Income Discount 60% of minimum monthly water charge Temporary water use (see subsection 16 -3A -4B of this code): During construction for Charge Per Month I the first 90 days from the date of the July 1, 2018 connection to the water main for a new water Ordinance No. 18-4745 Page 13 service amaximum of 90 days for reconstruction: Single- and two- $17 37 family residences --[ lti-family $17.37 Freus idences Commercial structures $28.94 After 90 days for any structure, until the water meter is $115.76 installed Charge July 1, 2018 Direct purchase of water $0.50 fee, per 100 gallons or fraction thereof (see subsection 16 -3A -4C of this code) Deposit and delinquency fee for combined city water and/or sanitary sewer and/or solid waste collection accounts (see I section 16-3A-5 of this code): Residential owner account r Residential tenant $120 .00 account I r— Commercial account An amount equal to an average 2 -month billing for commercial service for city water and/or sanitary sewer I service, or $120.00, whichever is greater r 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 22 days of billing date. Can be waived once every 12 months i Ordinance No. 18-4745 Page 14 Delinquency deposit fee An amount equal to an average 2 -month billing for the for combined water delinquent account. Can be waived if the account holder and/or sanitary sewer enrolls in SurePay. and/or solid waste collection accounts (see section 16-3A-5 of this code) Charge July 1, 2018 To connect water main extensions, per acre $456.75 i Service Fees ! During Normal After Normal Working Hours Working Hours' j Reconnection of $45.00 $84.00 discontinued service rPosting fee for shutting $45.00; Can be waived Not done after normal working off water in collection once in the lifetime of the hours procedure account. Frozen water meters $36.75, plus cost of meter $84.00, plus cost of meter Shut off water service at No charge $84.00, plus hourly overtime rate curb and check for beyond 2 hours exterior leaks Broken or damaged Repair cost $84.00, plus repair cost i hydrant Location of city owned No charge No charge water main for other utilities ; Location of city owned — No charge — $84.00, plus hourly overtime rate I water main for private beyond 2 hours , enterprise Check water meter for $80.85 Not done after normal working accuracy at consumer's hours i request i Annual fire hydrant fee for $95.55 Not done after normal working inspection and operation hours Ordinance No. 18-4745 Page 15 of fire hydrants which are privately owned or owned by other government agencies After-hours callout fee for Not applicable any water work done outside of normal working hours Note: $84.00, plus hourly overtime rate beyond 2 hours 1. The water division's normal working hours are 7:00 A.M. to 3:30 P.M., Monday through Friday. 2. Title 3, entitled "Finances, Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," Section 4, entitled "Wastewater Treatment Works User Charges," of the City Code is hereby amended by deleting it in its entirety and replacing it as follows: 3-4-4: WASTEWATER TREATMENT WORKS USER CHARGES: Sanitary Sewer Service Charges; Amount Of Fee, Charge, City Code Description Of Fee, Charge, Bond, Fine Bond, Fine Or Penalty Chapter, Article Or Penalty Or Section Reference Minimum monthly charge (includes the 16-3A-4 $8.15 first 100 cubic feet of water used) Monthly charge for each additional 100 $3.99 16-3A-4 cubic feet of water used Low Income Discountrcharga 0fmonthlyminimum Monthly surcharge: T - BOD (per pound) 300 or less MPL' Included in charge for i6 -3A-4 100 cubic feet of water used Ordinance No. 18-4745 Page 16 Monthly minimum, unmetered user -- --- — --- Manufactured housing park, monthly minimum per lot Holding tank waste - plus landfill fees $33.36 $33.36 16-3A-4 16-3A-4 $0.032 per gallon I 16-3A-4 r - Holding tank waste hauler - annual$907.00 per year 16-3A-4 permit Deposit and delinquency fee for 16-3A-5, 16 -3A - combined city water and/or sanitary 7 sewer and/or solid waste collection accounts: Residential owner account, per $0.00 combined residential service for city water and/or sanitary sewer and/or solid waste collection service Residential tenant account, per combined residential service for city water and/or sanitary sewer and/or solid waste collection service 5 percent delinquency charge on current billed portion of the outstanding amount on combined water and/or sanitary sewer and/or solid waste $120.00 5.0 percent current billed portion. Can be waived once every 12 months. BOD (per pound) from 301 MPL to $0.284 2,000 MPLI r- - --- -- - - BOD (per pound) greater than 2,000 -- $0.425 MPL' $0.227 r— Suspended solids (SS) (per pound) Monthly minimum, unmetered user -- --- — --- Manufactured housing park, monthly minimum per lot Holding tank waste - plus landfill fees $33.36 $33.36 16-3A-4 16-3A-4 $0.032 per gallon I 16-3A-4 r - Holding tank waste hauler - annual$907.00 per year 16-3A-4 permit Deposit and delinquency fee for 16-3A-5, 16 -3A - combined city water and/or sanitary 7 sewer and/or solid waste collection accounts: Residential owner account, per $0.00 combined residential service for city water and/or sanitary sewer and/or solid waste collection service Residential tenant account, per combined residential service for city water and/or sanitary sewer and/or solid waste collection service 5 percent delinquency charge on current billed portion of the outstanding amount on combined water and/or sanitary sewer and/or solid waste $120.00 5.0 percent current billed portion. Can be waived once every 12 months. Ordinance No. 18-4745 Page 17 accountthat is not paid within 22 days of billing date Delinquency deposit fee for combined city water and/or sanitary sewer and/or solid waste collection accounts 1. Milligrams per liter (MPL). An amount equal to an average 2 -month billing for the delinquent account. Can be waived if the account holder enrolls in SurePay. 116-3A-5 3. Title 3, entitled "Finances, Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," Section 5, entitled "Solid Waste Disposal," of the City Code is hereby amended by deleting it in its entirety and replacing it as follows: 3-4-5: SOLID WASTE DISPOSAL': — Description Of Fee, Charge, Bond, Fine Or Charge Penalty Yard waste collection fees°: Per dwelling unit, per month I $2.00 175% Low Income Discount of monthly charge r Untreated wood waste f Free Collection of large items fees: 1 Appliance collection, per item collected 1 r— Bulky solid waste $12.50 per stop and 1 item; $6.00 per additional items I Ordinance No. 18-4745 Page 18 Tire collection $3.75 per tire; $7.50 tire and rim Residential solid waste collection fees: — Curbside household refuse: —� Per dwelling unit, per month $12.00 Low Income Discount 75% of monthly charge Per sticker for each additional bag beyond $2.50 each each unit's monthly allotment rl r Additional refuse carts over 1, per month $12.00 each rooming units, per month (in addition F2Pe, dwelling unit fees) Electronic waste TVs or monitors less than 18 inches $18.50 per item; TVs or monitors 18 inches or greater $23.50 per item Curbside recycling: f — [Perwelling unit, per month TLow Income Discount 75% of monthly charge Iowa City community compost $20.00 per ton, $2.00 minimum Wood chip mulch $10.00 per ton, $2.00 minimum Deposit and delinquency fee combined for city water and/or sanitary sewer and/or solid waste collection accounts: Ordinance No. 18-4745 Page 19 Residential owner account, per combined $0.00 residential service for city water and/or sanitary sewer and/or solid waste collection service Residential tenant account, per combined $120.00 residential service for city water and/or sanitary sewer and/or solid waste collection service 5 percent delinquency charge on current billed 5 percent current billed portion. Can portion of the outstanding amount on be waived once every 12 months. combined water and/or sanitary sewer and/or solid waste account that is not paid within 22 days of billing date Delinquency deposit for combined water and/or An amount equal to an average 2 - sanitary sewer and/or solid waste collection month billing for the delinquent service account. Can be waived if the account holder enrolls in SurePay. Special wastes disposal fees: Disposal of special wastes (except for 2 times the landfill use fees in this asbestos containing material and section contaminated soils) r Minimum fee 2 times the landfill use fee for 1 ton r�Asbestos containing material (ACM): i r Nonfriable ACM, from Iowa City premises $100.00/ton subject to a property tax and city owned property I Nonfriable ACM, from other locations $105.00/ton i Friable ACM, from Iowa City premises $100.00/cubic yard I subject to a property tax and city owned property f Ordinance No. 18-4745 Page 1 10 Twable ACM, from other locations $105.00/cubic yard 100.00 r Minimum fee for any regulated ACM r Contaminated soil: 115.00/ton TMinimum fee for contaminated soil $150.00 Disposal of large items fees (see also Collection of large items fees above): disposal fees: �Ir 'T Commercial Commercial per item disposed [$1.00/cubic foot r I Residential per item disposed I $12:50 (at landfill scale house) r rredisposal fee: Per pound Subject to minimum fee Untreated wood waste and yard waste: $24.00/ton Minimum $2.00 —-- --- Landfill use fees: Arriving at the landfill with an unsecured or uncovered load: �� First instance in trailing 12 months Warning Ordinance No. 18-4745 Page 111 �—rr12nths orsubsequent instances in trailing $50.00 Electronic waste Solid waste from Iowa City premises subject to a property tax and city owned property: $3.00 per item; TVs or monitors less than 18 inches $12.00 per item; TVs or monitors 18 inches or greater $17.00 per item Total landfill fee per ton (includes state fee $42.50 perton) All other solid waste: Total landfill fee per ton (includes state fee per ton) Minimum fee in lieu of tonnage fees (300 pounds or less): Solid waste from Iowa City premises subject to a property tax and city owned property TAll other solid waste F $47.50 $6.50 $7.00 4. Title 3, entitled "Finances, Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," Section 6, entitled "Stormwater Utility Fee," of the City Code is hereby amended by deleting it in its entirety and replacing it as follows: 3-4-6: STORMWATER UTILITY FEE: Amount Of Fee, Charge, Description Of Fee, Bond, Charge, Fine Or Penalty Bond, Fine Or Penalty Ordinance No. 18-4745 Page 112 Stormwater utility fee. Users include all users owning or 1 equivalent residential unit occupying developed property in the city of Iowa City (ERU) = $4.50 I Low Income Discount 60% of monthly charge i 5. Title 16, entitled "Public Works," Chapter 3, entitled "City Utilities," Article A, entitled "General Provisions," Section 5, entitled, "Establishing City Utility Accounts; Deposits Required," of the City Code is hereby amended by deleting it in its entirety and replacing it as follows: 16-3A-5: ESTABLISHING CITY UTILITY ACCOUNTS; DEPOSITS REQUIRED: A. Upon establishing a water service account, a wastewater account and/or a residential solid waste collection account with the city, the person establishing an account, with the exception of a residential owner account, shall be required to make a combined account deposit for city services. The amount of this deposit shall be as provided in the schedule of fees, title 3, chapter 4 of this code. Persons who have previously been required to post a delinquent deposit shall be required to make a combined and/or delinquent deposit before city services are provided. B. Required deposits shall be held until service is terminated and the account closed. At such time, the amount of the deposit shall be credited to the account or refunded to the account holder if the account is closed and paid in full. C. Upon reestablishing one or more accounts as set forth in subsection A of this section, the person establishing the account(s) shall be required to make an account deposit for city services. The amount of the deposit shall be as established in the schedule of fees, title 3, chapter 4 of this code. Persons who have previously been required to post a delinquent deposit shall be required to make a combined and/or delinquent deposit before city services are provided. D. A delinquency deposit may be charged upon repeated delinquency of any water, wastewater or solid waste service account. Upon the occurrence of a second delinquency charge within the last three hundred sixty-five (365) day period, the account holder shall be required to make a combined deposit equal to the average two (2) month billing for the account holder's account. The average two (2) month billing shall be based upon the actual billings during the prior twelve (12) month billing periods. If the account holder already has a combined deposit on file with the city, that deposit amount will proportionally reduce the delinquency deposit. The delinquency deposit can be waived if the account holder enrolls in SurePay. E. Delinquency deposits shall be held either three hundred sixty-five (365) days after the deposit was paid or three hundred sixty-five (365) days after the last occurrence of a delinquent account charge, whichever occurs last. At such time, the deposit shall be credited to the utility account. If service is terminated within three hundred sixty-five (365) Ordinance No. 18-4745 Page 113 days of the delinquent account charge, the deposit shall be credited to the account or refunded if the account is paid in full. F. Prior to establishing an industrial water service account, the person establishing the account shall first execute a written agreement with the department of public works. Such accounts shall be governed by chapter 3, article F, 'Wastewater Treatment Works User Charges", of this title. 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 July 1, 2018 Passed and approved this 17th day of April , 2018 G• MAWOR ATTEST: CI CLERK Approved by City Attorney's Office Ordinance No. 18-4745 Page 14 It was moved by Thmmn a and seconded by Botchway Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: First Consideration 03/20/2018 Vote for passage: AYES: Botchway, Cole, Mims Botchway Cole Mims Salih Taylor Thomas Throgmorton Salih, Taylor, Thomas, Throgmorton, NAYS: None. ABSENT: None. that the Second Consideration 04/02/2018 Vote for passage: AYES. Salih, Taylor, Thomas, Throgmorton, Cole, Mims. NAYS: None. ABSENT: Botchway. Date published 04/26/2018 I r CITY OF IOWA CIT 04-17-18 COUNCIL ACTION REPO 13 February 27, 2018 Resolution to Set Public Hearing to Amend the Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties for FY2019 Prepared By: Jacklyn Budding, Budget & Compliance Officer Reviewed By: Dennis Bockenstedt, Finance Director; Ashley Monroe, Assistant City Manager Fiscal Impact: Water rate adjustments for FY2019 amounting to an increase of approximately $500,000 per year in revenues Recommendations: Staff: Approval Commission: N/A Attachments: Ordinance amending Title 3, Entitled "Finances, Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," and Title 16, entitled "Public Works," Chapter 3, entitle "City Utilities," Article A, entitled "General Provisions," Section 5 entitled "Establishing City Utility Accounts; Deposits Required" Executive Summary: The Finance Department requests the City Council set a public hearing for March 20, 2018 to consider amending Title 3, Chapter 4 and Title 16, Chapter 3A-5 of the City Code. Title 3, Chapter 4 amendments include a 5% Water rate increase, the addition of a fee for work done outside of normal working hours, the elimination of the SurePay discount, the removal of the charges for a returned check or automatic bank debit. Additionally, the changes include the codification of the Low Income Discount program. Title 16, Chapter 3A-5 amendments allow for the delinquency deposit to be waived if the account holder enrolls in SurePay. Background / Analysis: Title 3. Chapter 4 of the City Code is the 'Schedule of Fees Rates Charges Bonds Fines and Penalties' Water Rate Adjustments In May 2008, HDR Engineering completed a comprehensive water rate study for the City. In that study, they identified the City's challenge to maintain capital funding rates equal to or greater than depreciation to ensure the replacement of existing infrastructure. They also recommended that the City implement rate increases of 5% in 2010 and 3% in fiscal year 2011 to fiscal year 2017. Since that study, the City has only implemented 5% increases for fiscal year 2015 and fiscal year 2016. 'r CITY OF IOWA CITY Ar i COUNCIL ACTION REPORT In fiscal year 2017, the Water fund had an ending unassigned un a ance o . The revised projected fund balance for fiscal year 2018 is $7,781,028, a more than 11% decrease. The City's five-year capital improvement program projects water funding for capital projects over the next five years to be between $909,000 and $1,646,000 each year for a total of $6,562,425. This figure does not include the cost of repairing emergency water main breaks. Without a rate increase, the fund balance would continue to decline. The Water fund is an enterprise or a business -type fund that is expected to be self -funding. The primary solution is to review water rates and charges to ensure that the fund is generating sufficient revenue to cover both its operating and capital expenses. By implementing a user rate increase of 5% in fiscal year 2019, the anticipated decline in the water fund's cash balance is greatly reduced. This solution also provides for a much healthier and sustainable fund over time versus financing the necessary capital improvements through revenue bonds or other debt. Over time, the bonded debt payments would actually require greater rate increases due to their coverage ratios, reserve requirements, interest charges, and long-term payment schedules. All fees and charges, within the Water rates, are proposed to be increased 5%, with a few small exceptions. The fee for the direct purchase of water is proposed to remain at $0.50 per 100 gallons, the deposit for residential tenant accounts is proposed to remain at $120, and the 'During Normal Working Hours' fees for reconnection of discontinued service and the posting fee for shutting off water in collection procedure are both proposed to stay at $45 each. With these changes the minimum monthly charge for households with a 5/8 or 5/8 x 3/4 meter size increases from $7.07 to $7.42, and the average residential bill is projected to increase by approximately $1.50 a month. A service fee for work done outside of the normal working hours of $84 plus the hourly overtime rate beyond 2 hours is being added to this water rate ordinance. Previously there was no fee within the ordinance for this work, and the City was not able to recover the costs associated with the work done. Additionally, the discount for enrolling in SurePay is being eliminated. This discount was originally offered to incentivize people to sign up for SurePay. The cost of this discount continues to rise, and more people are moving to automatic payments on their own. Therefore, staff recommends eliminating the SurePay discount for this rate ordinance. In addition to the proposed changes to the above Water rates and charges, the new ordinance removes charges for a returned check or automatic bank debit. This charge is not required to be listed, and the limit is set by the State. It is staffs recommendation that these charges be removed from the water rate ordinance. The proposed fee increases are expected to generate enough revenue to be able to support the increase in funding for the capital improvement program and ensure that the Water fund remains a self -funding enterprise. The expected increase in revenues is approximately $500,000 a year. 'r CITY OF IOWA CITY COUNCIL ACTION REPORT Codification of the Low Income Discount rogram A Low Income Discount program was also added in the Water, Wastewater, Solid Waste, and Stormwater rates. The discount is at 60% of the minimum monthly charge for Water, Wastewater and Stormwater, and at 75% of the monthly charge for Solid Waste. Wording was also added to the Water, Wastewater, and Solid Waste rates stating that the 5 percent delinquency charge can be waived once every 12 months, the delinquency deposit fee can be waived if the account holder enrolls in SurePay, and the $45 posting fee for shut off of water in the collection procedure can be waived once in the lifetime of the account. Title 16, Chapter 3A-5 of the City Code is 'Establishing City Utility Accounts: Deposits Required'. Delinquency Deposit Adjustments Title 16, Chapter 3A-5 was also updated to include wording that the delinquency deposit can be waived if the account holder enrolls in SurePay. 1� Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 Ordinance No. An ordinance providing that general property taxes levied and collected each year on all property located within the 2017 Amended Riverside Drive Urban Renewal Area, in the City of Iowa City, County of Johnson, State of Iowa, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, rebates, grants, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the Riverside Drive Urban Renewal Plan. Whereas, on March 20, 2012, the City Council of the City of Iowa City, Iowa, approved Ordinance 12-4471, an ordinance regarding the division of revenue for tax increment financing for the Riverside Drive Urban Renewal Area; and Whereas the City Council of the City of Iowa City, Iowa, after public notice and hearing as prescribed by law and pursuant to Resolution No. 17-218 passed and approved on the 20th day of June, 2017, Amendment No. 3to Riverside Drive Urban Renewal Plan (the "Urban Renewal Plan") to add projects and add land to the Riverside Drive Urban Renewal Area ("2017 Amended Area"), which 2017 Amended Area is described as follows: The Urban Renewal Area boundary shall extend to and run along the northerly right-of-way line of Myrtle Avenue, where applicable, and that area locally known as the "Orchard District", further described as beginning at the point where the southern right-of-way of West Benton Street meets the western boundary of the original urban renewal area; Thence north to the southern boundary of the Iowa Interstate Railway property; Thence west along the southern Railway boundary to the northwest corner of Lot 6 in the Orchard Court Subdivision; Thence south along property lines 264' to the southern right-of-way of the extension of Orchard Court; Thence east 39' along the southern right-of-way of the extension of Orchard Court to the northwest comer of Lot 10, Block 4 in the Cartwright's Addition; Thence south along the property line of Lot 10, Block 4 157.5' to the southwest corner of the same property; Thence east along the southern property lines 217.5' to the southeast comer of Lot 8, Block 4 in Cartwright's Addition; Thence south along the centerline of the vacated alley to the southern right-of-way of West Benton Street; Thence east to the point of beginning. Whereas, expenditures and indebtedness are anticipated to be incurred by the City of Iowa City, Iowa in the future to finance urban renewal project activities carried out in furtherance of the objectives of the Urban Renewal Plan on land in the 2017 Amended Area; and Whereas, the City Council of the City of Iowa City, Iowa desires to provide for the division of revenue from taxation in the 2017 Amended Area, as above described, in accordance with the provisions of Section 403.19 of the Code of Iowa, as amended. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section 1. That the taxes levied on the taxable property in the 2017 Amended Urban Renewal Area legally described in the preamble hereof, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter provided. Section 2. That portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts upon the total sum of the assessed value of the taxable property in the 2017 Amended Area, as shown on the assessment roll as of January 1 of the calendar year preceding the first calendar year in which the City of Iowa City certifies to the County Auditor the amount of loans, rebates, grants, advances, indebtedness, or bonds payable from the division of property tax revenue described herein, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for the taxing district into which all other property taxes are paid. Section 3. That portion of the taxes each year in excess of the base period taxes determined as provided in Section 2 of this Ordinance shall be allocated to and when collected be paid into a special tax increment fund of the City of Iowa City, Iowa hereby established, to pay the principal of and interest on loans, grants, rebates, monies advanced to, indebtedness, whether funded, refunded, assumed or otherwise, including bonds or obligations issued under the authority of Section 403.9 or 403.12 of the Code of Iowa, as amended, incurred by the City of Iowa City, Iowa, to finance or refinance, in whole or in part, urban renewal projects undertaken within the 2017 Amended Area pursuant to the Urban Renewal Plan, as amended, except that taxes for the payment of bonds and interest of each taxing district shall be collected against all taxable property within the 2017 Amended Area without any limitation as hereinabove provided. Section 4. Unless or until the total assessed valuation of the taxable property in the 2017 Amended Area exceeds the total assessed value of the taxable property in the 2017 Amended Area as shown by the last equalized assessment roll referred to in Section 2 of this Ordinance, all of the taxes levied and collected upon the taxable property in the 2017 Amended Area shall be paid into the funds for the respective taxing districts as taxes by or for said taxing districts in the same manner as all other property taxes. Section 5. At such time as the loans, advances, indebtedness, bonds and interest thereon of the City of Iowa City, Iowa referred to in Section 3 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the 2017 Amended Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 6. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be construed so as to fully implement the provisions of Section 403.19 of the Code of Iowa, as amended, with respect to the division of taxes from property within the Urban Renewal Area as described above. In the event that any provision of this Ordinance shall be determined to be contrary to law, it shall not affect other provisions or application of the Ordinance which shall at all times be construed to fully invoke the provision of Section 403.19 of the Code of Iowa with reference to the 2017 Amended Area and the territory contained therein. Section 7. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed and approved this day of , 20 MAYOR ATTEST: CITY CLERK Ap oved by ZA �a>� City Attorneys Office/y3//d Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Cole Mims Salih Taylor Thomas Throgmorton First Consideration 04/02/2018 Vote for passage: AYES: Taylor, Thomas, Throgmorton, Cole, Mims, Salih. NAYS: None. ABSENT: Botchway. Second Consideration _ Vote for passage: Botchway, Cole, Date published 04/17/2018 AYES: Salih, Taylor, Thomas, Throgmorton, Mims. NAYS: None. ABSENT: None. that the 'r 1 CITY OF IOWA CIT -`�Ott � COUNCIL ACTION REPO 14 April 2, 2018 An ordinance providing that general property taxes levied and collected each year on all property located within that area added to the Riverside Drive Urban Renewal Area in the City of Iowa City, county of Johnson, State of Iowa, by and for the benefit of the state of Iowa, City of Iowa City, county of Johnson, Iowa City Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, rebates, grants, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the Riverside Drive Urban Renewal Plan Prepared By: Wendy Ford, Economic Development Coordinator Reviewed By: Geoff Fruin, City Manager Fiscal Impact: N/A Recommendations: Staff: Approval Commission: N/A Attachments: Ordinance Executive Summary: The Riverside Drive Urban Renewal Plan was adopted on October 18, 2011 (Resolution 11- 335). A TIF ordinance was adopted on March 20, 2012 (Ordinance 12-4471), which allowed for the division of incremental taxes in the urban renewal area to be used for qualifying projects. The Urban Renewal Area was subsequently amended to add the Orchard neighborhood (Resolution 17-218). Before the City can utilize the tax increment generated from this additional land, however, a TIF ordinance for this amended area must be approved. Background / Analysis: The main objective in the Riverside Drive Urban Renewal Plan, as amended, is to encourage and facilitate reinvestment of the area, beautify the commercial corridor and improve connections between commercial retail uses and adjacent neighborhoods. The adoption of this TIF ordinance allows the City to use the increase in property taxes resulting from improvements within the Orchard neighborhood as a source of financing economic development grants for qualifying urban renewal projects. Projects in the Riverside Drive Urban Renewal Area have included the Riverside West Apartments on the former auto sales and service lot, the streetscape design and eventual pedestrian tunnel through the railroad embankment, riverbank stabilization on the west bank, continuation of the Iowa River Trail from Benton to Sturgis and the signalization of the intersection of Riverside Drive and Myrtle Avenue, and funding the local match to the State's Workforce Housing Tax Credit projects in the district. IS Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 ORDINANCE NO. An ordinance providing that general property taxes levied and collected each year on all property located within that area added to the Foster Road Urban Renewal Area in the City of Iowa City, Iowa, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, rebates, grants, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the Foster Road Urban Renewal Plan. WHEREAS, the City Council of the City of Iowa City, Iowa, after public notice and hearing as prescribed by law and pursuant to Resolution No. 18-75 passed and approved on March 20, 2018 adopted the Foster Road Urban Renewal Plan (the "Urban Renewal Plan") for an urban renewal area known as the Foster Road Urban Renewal Area, (the "Urban Renewal Area"), which includes the area legally described as follows: Commencing at the Northwest comer of Lot 16, Balls Subdivision, as shown in Plat Book 3, Page 100; proceeding northeasterly along the south right-of-way line of Foster Road, as shown in Exhibits A-1 and B-1 of the Condemnation records recorded in Book 3100, Page 358; thence following said ROW line to its intersection with the East-West % Section line of NW '/< of Section 3, Township 79N, Range 6W; thence East along said Section line to the SE comer of the NE '/e of the NW '% of Section 3, Township 79N, Range 6W; thence continuing East along the East-West 1/4 section line to the SW comer of the NE 1/4 of the NE 1/4 of Section 3, Township 79N, Range 6W, as shown on the Final Plat of a re- subdivision of Lot 30, Conway's Subdivision, Plat Book 17, Page 53; thence North along the West line of Lot 30, Conway's Subdivision, Plat Book 4, Book 253, to the Northwest comer of Lot 25, Conway's Subdivision, Plat Book 4, Page 253; thence northeasterly along the North boundary of Conway's Subdivision to the Northeast comer of Lot 15 and continuing easterly to the eastern Prairie Du Chien Road ROW line; thence northwesterly along the eastern ROW line to the Northeast corner of Auditor's Parcel "A", recorded in Plat Book 32, Page 52, said line also being the South ROW of Interstate 80 as shown in the Plat of Survey recorded in Book 32, Page 53 and as described in Book 4224, Page 896 and Book 2944, Page 267; thence West along the Southl-80 ROW to the Northwestern comer of Lot 4, Yocum Subdivision, Plat Book 5, Page 77, said comer being the intersection of the 1-80 South ROW line and the East-West line between Section 3, Township 79N, Range 6W and Section 34, Township 80N, Range 6W; thence East along said section line to the Northwest comer of Auditor's Parcel 2014052, Book 58, Page 324; thence South along the West side of said Parcel to the Southeast corner of Pine Ridge Subdivision, Plat Book 46, Pagel 57; thence westerly along the south side of Pine Ridge Subdivision to the Southwest corner of Lot 1, Pine Ridge Subdivision; thence Southeasterly to the point of beginning; and WHEREAS, expenditures and indebtedness are anticipated to be incurred by the City of Iowa City, Iowa in the future to finance urban renewal project activities carried out in furtherance of the objectives of the Urban Renewal Plan; and WHEREAS, the City Council of the City of Iowa City, Iowa desires to provide for the division of revenue from taxation in that portion of the Urban Renewal Area, as above described and hereafter referred to as the Foster Road Urban Renewal Area, in accordance with the provisions of Section 403.19 of the Code of Iowa, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the taxes levied on the taxable property in the Foster Road Urban Renewal Area legally described in the preamble hereof, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter provided. Section 2. That portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts upon the total sum of the assessed value of the taxable property in the Area, as shown on the assessment roll as of January 1, 2017, pursuant to Iowa Code Section 403.19(1)(b), shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for the taxing district into which all other property taxes are paid. Section 3. That portion of the taxes each year in excess of the base period taxes determined as provided in Section 2 of this Ordinance shall be allocated to and when collected be paid into a special tax increment fund of the City of Iowa City, Iowa hereby established, to pay the principal of and interest on loans, grants, rebates, monies advanced to, indebtedness, whether funded, refunded, assumed or otherwise, including bonds or obligations issued under the authority of Section 403.9 or 403.12 of the Code of Iowa, as amended, incurred by the City of Iowa City, Iowa, to finance or refinance, in whole or in part, urban renewal projects undertaken within the Urban Renewal Area pursuant to the Urban Renewal Plan, except that taxes for the payment of bonds and interest of each taxing district shall be collected against all taxable property within the Urban Renewal Area without any limitation as hereinabove provided. Section 4. Unless or until the total assessed valuation of the taxable property in the Urban Renewal Area exceeds the total assessed value of the taxable property in the Urban Renewal Area as shown by the last equalized assessment roll referred to in Section 2 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Urban Renewal Area shall be paid into the funds for the respective taxing districts as taxes by or for said taxing districts in the same manner as all other property taxes. Section 5. At such time as the loans, advances, indebtedness, bonds and interest thereon of the City of Iowa City, Iowa, referred to in Section 3 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the Urban Renewal Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 6. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be construed to fully implement the provisions of Section 403.19 of the Code of Iowa, as amended, with respect to the division of taxes from property described herein. In the event that any provision of this Ordinance shall be determined to be contrary to law, it shall not affect other provisions or application of the Ordinance which shall at all times be construed to fully invoke the provision of Section 403.19 of the Code of Iowa with reference to the Urban Renewal Area. Section 7. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed and approved this day of 20 MAYOR ATTEST: CITY CLERK Approvedby µ /Qt.e.`I1.�✓7rY �[ �l�h� City Attorney's Office L.?//e Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: First Consideration 04/02/2018 Vote for passage: AYES: Salih, Taylor. NAYS: Botchway Cole Mims Salih Taylor Thomas Throgmorton Thomas, Throgmorton, Cole, Mims, None. ABSENT: Botchway. Second Consideration 04/17/2018 Voteforpassage: AYES: Taylor, Cole, Mims, Salih. NAYS: None Date published that the Thomas, Throgmorton, Botchway, . ABSENT: None. I r ' CITY OF IOWA CIT =0-- 7� COUNCIL ACTION REPO 041518 April 2, 2018 An ordinance providing that general property taxes levied and collected each year on all property located within that area added to the Foster Road Urban Renewal Area in the City of Iowa City, county of Johnson, State of Iowa, by and for the benefit of the state of Iowa, City of Iowa City, county of Johnson, Iowa City Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, rebates, grants, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the Foster Road Urban Renewal Plan Prepared By: Wendy Ford, Economic Development Coordinator Reviewed By: Geoff Fruin, City Manager Fiscal Impact: N/A Recommendations: Staff: Approval Commission: N/A Attachments: Ordinance Executive Summary: This Tax Increment Financing (TIF) ordinance allows for the division of incremental taxes collected from development within the Foster Road Urban Renewal Area, which was created upon approval of the Foster Road Urban Renewal Plan on March 20, 2018 (resolution 18-75). Background / Analysis: The Foster Road Urban Renewal Plan contemplates that tax increment financing may be used to assist in the construction of Foster Road from Dubuque Street east to Prairie du Chien. The adoption of this TIF ordinance is the next step necessary to allow the City to effectuate this goal. It will allow the City to use the increase in property taxes resulting from property improvements and new developments as a source of financing for qualifying urban renewal projects, one requirement of which is to provide some measure of public benefit. Approval of this TIF Ordinance will enable City staff to negotiate a development agreement for construction of Foster Road and a senior living facility in exchange for certain economic development funds, paid for by the tax increment generated from the Foster Road Urban Renewal Area. The details of the proposed road project will be presented to City Council in an agreement for private redevelopment in the coming weeks. Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. Ordinance amendinQ Title 10, entitled "Public Ways And Property," Chapter 5, entitled '9City Plaza," to allow an association of downtown businesses to place p commercial structure on City Plaza under limited circumstances Tor more than 45 days in 2018 and 2019. Whereas, the City Code limits the use of City Plaza, including Black Hawk Mini Park, for commercial purposes; Whereas, in addition to provisions allowing for sidewalk cafes, sidewalk retailing, and mobile vendors, the City Code allows for the commercial use of City Plaza as part of a large, short term event such as Arts Fest; Whereas, the City Code also allows the City Manager to issue a permit for the placement of a commercial structure in City Plaza and Black Hawk Mini Park for up to 45 days similar to the permit that allows downtown businesses to place their products on sidewalks and City Plaza Thursdays through Sundays from March to November; and Whereas, due to the construction during the pedestrian mall improvement project that will impact downtown businesses, the City Manager should be authorized to allow commercial structures in excess of 45 days in 2018 and 2019. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Amendments. 1.Title 10, entitled "Public Ways and Property," Chapter 5, entitled "City Plaza," Section 7, entitled "Use of City Plaza," Subsection G5a(2) is hereby amended by adding the underlined text as follows: (2) The duration of the permit cannot exceed forty-five (45) days per calendar year excer) for calendar years 2018 and 2019. Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 2018 Mayor v Attest: City Clerk City Attorney Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Cole Mims Salih Taylor Thomas Throgmorton First Consideration 04/17/2018 Voteforpassage: AYES: Thomas, Throgmorton, Botchway, Cole, Mims, Salih, Taylor. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published that the 'r 1 CITY OF IOWA CI ^� COUNCIL ACTION REPO ;s April 17, 2018 Ordinance amending Title 10, entitled "Public Ways And Property," Chapter 5, entitled "City Plaza," to allow an association of downtown businesses to place a commercial structure on City Plaza under limited circumstances for more than 45 days in 2018 and 2019. Prepared By: Simon Andrew, Assistant to the City Manager Reviewed By: Geoff Fruin, City Manager Fiscal Impact: No impact Recommendations: Staff. Approval Commission: N/A Attachments: Ordinance Executive Summary: The Iowa City Downtown District (ICDD) is planning a continuation of their successful placemaking programming for the 2018 season. 2018 and 2019 programming is particularly important, as City Plaza businesses will be impacted by construction during the ped mall project. As part of their programming efforts, ICDD has requested the placement of two of the structures used for pop-up shops during the 2017 holiday season on City Plaza. The structures would be used primarily for programming, including but not limited to, ping pong, live music, game library, additional seating, cardboard box builds, giant jenga, and the opportunity to display renderings of the ped mall project as needed. The locations would be available to use as retail locations for ICDD businesses as well. ICDD has also been working with the Iowa City Public Library on programming options. Currently, City Code allows the City Manager or designee to approve commercial structures on City Plaza for up to forty-five days. The attached ordinance would remove the forty-five day limit for 2018 and 2019, in order to provide programming and retail opportunities that will benefit City Plaza businesses during the disruption of the construction project. Background / Analysis: ICDD has requested two locations for placement of structures from May — October 2018. Given that this duration exceeds the forty-five day limit currently specified in City Code, an amendment is necessary in order to approve this request. The first location requested is on the chessboard next to the City Plaza playground structure. ICDD has worked with the Iowa City Public Library on programming for this location. It is not expected that this location would be used for retail, however, it would be allowed by the code amendment under consideration. The second location would be where the pergola near FilmScene is currently located. The pergola is being removed as part of the construction project. Construction is expected to begin April 30. Three food carts must be relocated due to the upcoming construction. Staff has identified new locations for these vendors and they will not conflict with ICDD's programming. The plans and specifications for the structures will be approved by a building official, as with the pop-up shops in 2017. The structures will include accessible ramps, decks, and railings. There will be lighting and the use of City Plaza electricity, which will be reviewed by Engineering staff. ICDD plans to have staff present at the April 17 Council meeting in order to provide additional information and answer any questions Council may have. These structures will provide the home for ICDD's placemaking programming in 2018, similar to the role Blackhawk Minipark played as ICDD's placemaking hub in recent years, including during the Washington Street reconstruction project. The code amendment under consideration would allow the City Manager or designee to approve temporary commercial structures of a duration longer than forty-five days during 2019 as well. RON o ALM Pe-destrimmv-1,winnVI a During Constructmion,�,,,, 11 bi t l S io oowerowe msreicr 71 a T WORN u ttx s Major Objectives During 2018 Pedestrian Mall Construction Continue to drive traffic downtown, specifically to the pedestrian mall on a consistent basis during construction - Activation of available spaces on College St. will include- outdoor yoga, outdoor ping pong, outdoor jenga, live music, a game library, seating and shade • Encourage pedestrian traffic through a variety of signage elements, alley artwork -m 1� X11 v' �"- A D 2016 Washington St. Streetscape Update Lessons Learned • Activation of adjacent spaces drew continual traffic to downtown specifically for the programming elements • Public art project peaked the community's curiosity and provided a positive aesthetic to the construction zone • Weekly consistent known and well marketed programming can be successfully repeated without fatigue • Providing a flexible space encouraged community members to have a place to be and enjoy the surrounding environment- Amenities are needed including seating and shade P 0 LI 0 ]011 &W ,-'f.-4 19, VT : man J ! r! � q J 4 / i( 9 � I VIP t LA Decks and pop-up units will act as informal stages for Market Music, Sunset Salsa, pop-up performers etc. to take the place of the weatherdance fountain stage while it is under construction. During the times of non -programming, the units and decks will be open for seating and partner organizations to use. Current Partnerships for 2018 douse YOGA BOOSTING MENTAL AND PHYSICAL HEALTH ENHANCING DIVERSITY MAKING THE COMMUNITY MORE INCLUSIVE Questions? 17 Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. Ordinance amending Title 14, "Zoning Code", Chapter 7, "Administration" Article A, "Administration," Section 2 "Board of Adjustment" to provide for an alternate temporary appointment when a Board member is unable to participate in an appeal due to a conflict of interest. Whereas, The Iowa City Board of Adjustment has 5 members and state law requires 3 members to be present to conduct business and a concurring vote of 3 members to reverse an administrative decision; and Whereas, if there is a recusal(s) for a conflict of interest the Board can be left with only 3 or 4 members to hear and decide an appeal from an administrative decision; Whereas, it is in the best interests of the City to provide for the appointment of an alternate when there is a recusal for a conflict of interest so the Board can operate with a full 5 members. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: SECTION I. AMENDMENTS. Title 14, "Zoning Code", Chapter 7, "Administration", Article A, "Administration," Section 2 "Board of Adjustment" is amended by adding the underlined text as follows: A. Board Established; Membership; Compensation: The board of adjustment shall consist of five (5) members appointed by the mayor with the consent of the city council for a term of five (5) years. Members shall be qualified electors of Iowa City. A majority of the members of the board shall be persons representing the public at large; a majority of the board shall not be involved in the business of purchasing or selling real estate. Board members shall serve without compensation. B. Purpose: The purpose of the board is to provide relief from the requirements of this title when a variance is warranted, provide extra scrutiny in cases where special exceptions allowed by this title are requested, and provide an avenue for appeal of administrative decisions regarding the enforcement and implementation of this title. The decisions of the board should serve the public interest, meet the intent of this title, and be consistent with the comprehensive plan of the city, as amended. C. Alternate Member: An alternate member, if available shall be appointed as provided herein, to replace a member who is unable to participate in an appeal of an administrative decision due to a conflict of interest. Any person who has served as a member of the Board within the 5 years preceding the filing of the appeal and who represents the public at large and is not involved in the business of purchasing or selling real estate shall be qualified to serve as an alternate. When the member has recused himself/herself due to a conflict and Ordinance No. Page 2 Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 2018. Mayor Attest: City Clerk oved by City Attorney's Office Ordinance No. Page It was moved by and seconded by_ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: First Consideration 04/17/2018 Vote for passage: AYES: Salih, Taylor, Thomas Second Consideration _ Vote for passage: Date published Botchway Cole Mims Salih Taylor Thomas Throgmorton Throgmorton, Botchway, Cole, Mims, . NAYS: None. ABSENT: None. that the CITY OF IOWA CIT COUNCIL ACTION REPO 17 April 17, 2018 Ordinance amending Title 14, "Zoning Code", Chapter 7, "Administration", Article A, "Administration," Section 2 "Board of Adjustment" to provide for an alternate temporary appointment when a Board member is unable to participate in an appeal due to a conflict of interest. Prepared By: Eleanor M. Dilkes, City Attorney Reviewed By: Geoff Fruin, City Manager Fiscal Impact: none Recommendations: Staff: Approval Commission: not applicable Attachments: Ordinance Executive Summary: This ordinance will provide for the appointment of a temporary alternate to hear an appeal from a staff administrative decision when a Board member is unable to participate due to a conflict of interest. Any person who has served as a member of the Board within the 5 years preceding the filing of the appeal, and who represents the public at large and is not involved in the business of purchasing or selling real estate, shall be qualified to serve as an alternate. When the member has recused himself/herself due to a conflict and the date of hearing before the Board has been set, the Secretary of the Board shall notify all such persons and the first to agree to serve as the alternate is appointed to do so. Assuming that a volunteer is available this would allow a full Board of 5 members to hear appeals. Background /Analysis: At its work session on November 21, 2017 regarding the 101 Lusk Ave. ("Kinnick House") matter the Council requested staff consideration of the feasibility of an alternate appointment to the BOA that could step into the decision-making process when there is a recusal of a permanent member. Section 414.8 allows a Board of Adjustment comprised of 5 members to carry out its business if 3 or more members are present. Section 414.14 requires that a concurring vote of three members of the Board is necessary to reverse an administrative decision. In the case of a temporary absence of a Board member the applicant is given the option of deferring the Board's consideration until all 5 members are present. When there is a recusal for a conflict of interest that member will never be able to participate, leaving a Board of 4 members. State law requires a Board with an odd number of members (5, 7 or 9) and requires that a majority of the members represent the public at large and shall not be involved in the business of purchasing or selling real estate. It is consistent with the state code to provide for the appointment of an alternate when there is a recusal for a conflict of interest so that the Board can operate with 5 members. Because the BOA is a quasi-judicial body, to avoid any appearance of bias in the appointment process after an appeal has been filed and the time required for advertising a vacancy, it is proposed that the appointment be made automatically from a pool of persons who have been members of the BOA in the recent past and received the training provided to all Board members. If this ordinance is adopted by Council an amendment to the BOA's bylaws will be presented to the Rules Committee and Council. E Prepared by: Susan Dulek, Assn. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. Ordinance amending Title 5, entitled 'Business and License Regulations," Chapter 2, entitled "Taxicabs," to allow for "soft" taximeters and for taxicab business licenses to be sold. WHEREAS, "soft" meters, a/k/a e -meters are an advancement of technology that utilize a tablet or similar electronic device to calculate the charge for a taxicab fare instead of a traditional mechanical device; WHEREAS, taxicab businesses should be allowed to use soft taximeters; WHEREAS, just as traditional taximeters need to be calibrated by third -parties to ensure that accuracy, soft meters need to be certified by third -parties to ensure their accuracy; WHEREAS, taxicab licenses should be allowed to be sold; and WHEREAS, it is in the best interest of the City to adopt this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," is amended by adding the underlined text and deleting strike -through text as follows: 1. Amend 5-2-1, "Definitions": Soft Taximeter: A type of taximeter that utilizes a tablet or similar electronic device to calculate the charge instead of a mechanical device. 2. Amend 5-2-2F, 'Business Licenses": F. The license sannet may be sold, assigned, or transferred . 3. Amend 5-2-5C1, "Vehicle Requirements": CA.Taximeter: All taxicabs must be equipped with a taximeter that is in good operating order a) A taximeter that is not a soft taxi meter shall be ,aad has bees calibrated and sealed by a certified calibrator. Dated documentation must be provided to the city equipment superintendent, on a form provided by the city, with each inspection and filed with the city clerk when the inspection is completed. Calibration date must be within thirty (30) days prior to the annual inspection. b) A soft taximeter shall be certified by a third party as required by the city clerk within thirty (30) days prior to the annual inspection. The certification shall include requirements that the device is programmed remotely by an authorized representative and is password protected. cl Signage must be conspicuously displayed on the inside of a taxicab that states, "If The Meter Is Not Working, This Vehicle Cannot Operate As A Taxi. Receipt For Fare Available Upon Request." The city may require verification of a certified calibration for taximeters or certification for soft taximeters without prior notice for the purpose of ensuring compliance with this chapter. 4. Amend 5-2-8132b and 8132c, "Rates": Ordinance No. Page 2 b. No driver of a metered taxicab shall operate a taxicab without utilizing a taximeter that has been calibrated by a certified calibrator and inspected or certified as required by the city clerk if a soft taximeter. c. Whenever the taxicab business desires to change the rate charged, the taxicab business shall file a rate card with the city clerk setting forth the new rates. M For taximeters that are not soft taximeters, the business must have all taximeters recalibrated by a certified calibrator on a form provided by the city and returned to the city clerk no later than ten (10) business days after filing the new rates with the city clerk. The business must have the taximeter recalibrated by a certified calibrator no sooner than the filing date of a rate card change and no later than ten (10) business days after said filing date. The business must have all taximeters recalibrated by a certified calibrator before the business may again change the rate charged. (2) For soft taximeters, the business must have all soft taximeters certified as required by the city clerk no later than ten (10) business days after filing the new rates with the city clerk. The business must have the certification completed no sooner than the filing date of a rate card Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 2018. Mayor Attest: City Clerk Approved by City Attorney's Office Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Cole Mims Salih Taylor Thomas Throgmorton First Consideration 04/17/2018 Vote for passage: AYES: Botchway, Cole, Mims, Salih, Taylor, Thomas, Throgmorton. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published X 1 CITY OF IOWA CIT NO oa18�e %®���� COUNCIL ACTION REPO Click here to enter a date of council meeting. Ordinance amending Title 5, entitled 'Business and License Regulations," Chapter 2, entitled "Taxicabs," to allow for "soft" taximeters and for taxicab business licenses to be sold. Prepared By: Kellie Fruehling, City Clerk Reviewed By: Sue Dulek, Asst City Attorney Fiscal Impact: N/A Recommendations: Staff: Approval Commission: N/A Attachments: Ordinance Draft Administrative Rules #6 Executive Summary: Currently the City Code does not allow for soft taximeters or the sale of an existing taxicab business license. At the request of a current licensed taxi cab business in Iowa City, staff reviewed proposed changes to the Code to allow for soft taximeters and for the sale of an existing license. Staff concluded that soft meters should be allowed as well as the sale of a license. Background / Analysis: eMeters or"soft" meters are a newer advancement of technology that is a type of taximeter that utilizes a tablet or similar electronic device to calculate the charge instead of a mechanical device. Soft meters would need to be certified by an authorized third party representative and programmed remotely with password protection. This change would allow for taxicab companies to continue using mechanical meters or have the option for soft meters. The requirements for certification will be contained in the administrative rules and draft rules are attached. Allowing the sale or transfer of an existing taxicab license would provide for the sale of all or substantially all the assets form the original company. IOWA CITY TAXICAB ADMINISTRATIVE RULE # AR - # 6 Administrative Rules for Vehicle Inspection for Metered Taxicabs by Equipment Date: Draft dated April 9, 2018 1. No metered taxicab will be inspected unless it matches the company's unique color scheme that has been approved by the Police Chief or designee. 2. No metered taxicab will be inspected without dated documentation as fully described below showing that the meter has been calibrated within the past thirty (30) calendar days. 3. No metered taxicab will be inspected if the vehicle does not have a lighted dome and the name of the taxicab business on each side of the vehicle. 4. All metered taxicabs over ten (10) model years old (byway of example, during the calendar year 2018, the model year must be a 2007 or older) shall be inspected as follows: a. Exterior: Headlights, taillights, brake lights, directional signal lights, reverse light operation, hazard light operation, marker lights (including parking and side marker), operation of license plate lights, windshield, windshield washers, windshield wipers including rear wiper if so equipped, vent glasses, all other vehicle glass, glass window raisers, doors and door locks, trunk lid, trunk hood, and interior door handles, exhaust system, splash shields, bumpers, fenders, mirrors including rearview and outside mirrors, and body shall be inspected to ascertain that each is functioning properly. Tires shall meet Iowa Code Section 321.440. Each vehicle shall be maintained in a reasonably clean condition. There shall be no tears or rust holes in the vehicle body and no loose pieces such as fenders, bumpers or trim hanging from the vehicle body. There shall be no unrepaired body damage which would create a safety problem or interfere with the operation of the vehicle. b. Interior: The rearview mirror, foot brakes, parking brakes, seat belts, horn operation, passenger interior light and air conditioning and heating systems shall be inspected to ascertain that each is functioning properly. There shall be no safety related warning lights illuminated in the instrument panel (i.e.: air bag light). The upholstery, floor mats, head lining, door panels and the trunk compartment shall be inspected to determine whether they are clean, free of tears, and that the trunk has sufficient space for passengers' luggage. Page 1 AR - # 6 by Equipment C. Taximeter: Must be in good operating order and calibrated and sealed by a certified calibrator. A current Calibrator Certificate must be on file with the Equipment Division. Dated documentation must be provided to the city equipment superintendent or designee, on a form provided by the city, with each inspection and filed with the city clerk when the inspection is completed. Calibration date must be within thirty (30) calendar days prior to the annual inspection. Signage must be conspicuously displayed on the inside of a vehicle that states "If the meter is not working, this vehicle cannot operate as a taxi. Receipt for fare available upon request." The rate card must be prominently displayed to all passenger seats. d. Soft Taximeter: In lieu of taximeters taxicabs may have eMeters or "soft" meters, which are a type of taximeter that utilizes a tablet or similar electronic device to calculate the charge instead of a mechanical device. Soft meters must be certified by an approved authorized third -party representative who has central, password -protected access to program rates for all soft taximeters in the fleet. Soft taximeters must be physically secured in the vehicle interior to the right of the driver. The soft taximeter must have a fare display large enough that a passenger who does not require corrective lenses is be able to read at all times when seated in the back seat of the taxicab. Hardware and software provisions must be in place that prevent the driver from changing the rates or modifying how the soft taximeter works in a taxicab. Dated documentation of the certification must be provided to the city equipment superintendent or designee, on a form provided by the city, with each inspection and filed with the city clerk when the inspection is completed. The certification date must be within thirty (30) calendar days prior to the annual inspection. Signage must be conspicuously displayed on the inside of a vehicle that states "If the meter is not working, this vehicle cannot operate as a taxi. Receipt for fare available upon request." The rate card must be prominently displayed to all passenger seats. e. Dome: A lighted dome attached permanently to the exterior roof of the taxicab with lettering that identifies the vehicle as a taxicab visible from the front and back of the taxicab. The lighted dome shall be a minimum size of twelve inches by one inch by three inches (12" x 1" x 3"). In the event the city equipment superintendent or designee determines that the permanent attachment of a dome to the exterior roof is not possible, the city equipment superintendent or designee may approve an alternative placement. If a phone number is provided the number shall be the same number that appears on the taxicab business application and rate card. f. Color Scheme: A unique and distinctive color scheme and design, which has been approved by the police chief or designee. Page 2 AR - # 6 by Equipment Lettering: Each metered taxicab shall have the name of the taxicab business on each side of the vehicle in letters at least four and one-half inches (4 1/2") in height. Removable signs and peel -off letters shall not be allowed. Removable means that the city equipment manager or designee has determined that cannot be removed without using an instrument or tool, such as a sander. If a phone number is provided the number shall be the same number that appears on the taxicab business application and rate card. All other letters and numbers, except for the name of the taxicab business, shall not be greater than three inches (3") in height. Lettering may be allowed on a window, if approved by the city equipment superintendent or designee. h. Driver ID: The photo identification card must be prominently displayed both in the front seat and the back seat. 1) Front Seat: Either on the dash directly in front of the passenger seat or on the passenger seat visor. If it is on the visor, the visor must always be down when a passenger is in the taxicab. 2) Back Seat: On the back side of the front passenger seat. The City will not provide any lanyard, plastic enclosure, or any other device to affix the photo identification card to the taxicab. 5. All metered taxicabs ten (10) model years old or newer (byway of example, during the calendar year 2018, the model year must be a 2008 or newer) shall (unless the owner wishes to have a full inspection as set forth in Paragraph 4 above) be inspected as follows: a. Taximeter: Must be in good operating order and calibrated and sealed by a certified calibrator. A current Calibrator Certificate must be on file with the Equipment Division. Dated documentation must be provided to the city equipment superintendent or designee, on a form provided by the city, with each inspection and filed with the city clerk when the inspection is completed. Calibration date must be within thirty (30) calendar days prior to the annual inspection. Signage must be conspicuously displayed on the inside of a vehicle that states "If the meter is not working, this vehicle cannot operate as a taxi. Receipt for fare available upon request." The rate card must be prominently displayed to all passenger seats. b. Soft Taximeter: In lieu of taximeters taxicabs may have eMeters or "soft" meters, which are a type of taximeter that utilizes a tablet or similar electronic device to calculate the charge instead of a mechanical device. Soft meters must be certified by an approved authorized third -party representative who has central, password -protected access to program rates for all soft taximeters in the fleet. Soft taximeters must be physically secured in the vehicle interior to the right of the driver. The soft taximeter must have a fare display large enough that a passenger who does not require corrective lenses is be able to read at all times when seated in the back seat of the taxicab. Hardware and software provisions must be in place that prevent the driver from changing the rates or modifying how the soft taximeter works in a taxicab. Page 3 AR - # 6 by Equipment Dated documentation of the certification must be provided to the city equipment superintendent or designee, on a form provided by the city, with each inspection and filed with the city clerk when the inspection is completed. The certification date must be within thirty (30) calendar days prior to the annual inspection. Signage must be conspicuously displayed on the inside of a vehicle that states "If the meter is not working, this vehicle cannot operate as a taxi. Receipt for fare available upon request." The rate card must be prominently displayed to all passenger seats. C. Dome: A lighted dome attached permanently to the exterior roof of the taxicab with lettering that identifies the vehicle as a taxicab visible from the front and back of the taxicab. The lighted dome shall be a minimum size of twelve inches by one inch by three inches (12" x 1" x 3"). In the event the city equipment superintendent or designee determines that the permanent attachment of a dome to the exterior roof is not possible, the City equipment superintendent or designee may approve an alternative placement. If a phone number is provided the number shall be the same number that appears on the taxicab business application and rate card. Color Scheme: A unique and distinctive color scheme and design, which has been approved by the police chief or designee. e. Lettering: Each metered taxicab shall have the name of the taxicab business on each side of the vehicle in letters at least four and one-half inches (4 1/2") in height. Removable signs and peel -off letters shall not be allowed. Removable means that the city equipment manager or designee has determined that cannot be removed without using an instrument or tool, such as a sander. If a phone number is provided the number shall be the same number that appears on the taxicab business application and rate card. All other letters and numbers, except for the name of the taxicab business, shall not be greater than three inches (3") in height. Lettering may be allowed on a window, if approved by the city equipment superintendent or designee. Driver ID: The photo identification card must be prominently displayed both in the front seat and the back seat. 1) Front Seat: Either on the dash directly in front of the passenger seat or on the passenger seat visor. If it is on the visor, the visor must always be down when a passenger is in the taxicab. 2) Back Seat: On the back side of the front passenger seat. The City will not provide any lanyard, plastic enclosure, or any other device to affix the photo identification card to the taxicab. 6. Hours: Scheduled inspections shall be performed on Tuesday, Wednesday, or Thursday from 8:00 AM — 11:30 AM in 30 minute intervals. Approved_ Page 4 AR - # 6 by Equipment