Loading...
HomeMy WebLinkAbout1988-02-09 Info Packet of 2/5V J. City of Iowa City MEMORANDUM DATE: February 5, 1988 TO: Memo for Record FROM: City Manager RE: Material Sent to Council Memoranda from the City Manager: a. Environmental Protection Commission (DNR) Hearing a3 5 b. Miscellaneous - Youth Employment; Traffic Signal at Dodge & Church; -734, Year -End Summary -Police; Energy Conservation; Mayor's Youth Program. Letter from Council Member Courtney to Bob Wolf concerning problems encountered with the proposed wastewater treatment plant and the possibility of a building moritorium being initiated by DNR. a.B 7 Memorandum from the Transit Manager regarding IPTA Legislative Reception. Letter from the Iowa City Area Development Group. Memorandum from the Director of Finance regarding Council's changes to the proposed three-year financial plan. Letter of appreciation from Agnes Kuhn re restoration of hours at the City Library. Letters to local legislators and Director of .Dept. of Natural Resources re problems of compliance schedule for wastewater treatment plant. Letter from Robert Wolf, President, Home Builders Association re new sewerage treatment plant and threatened building moratorium. Memo from City Attorney re University of Iowa and A.T.&T. requests to install utilities in City streets. Signal System Feasibility Study from consulting engineers for Hwy. 6 s9 City of Iowa City MEMORANDUM DATE: February 5. 1988 TO: City Council FROM: City Manager RE: Environmental Protection Commission (DNP.) Hearing Our hearing has been scheduled for Tuesday, February 16, at 10:30 A.M. in Des Moines. cc: Chuck Schmadeke Dale Helling Terry Timmins V 5 City of Iowa City MEMORANDUM Date: February 4, 1988 To: City Council From: City Manager Re: Miscellaneous Youth Employment. I thought you would be interested in one of the many frustrations we have in dealing with the Federal Government. The attached letter from the Department of Labor is self-explanatory. Traffic Signal at Dodge & Ch'uM On and off for the last several months we have been discussing with representatives of the parents' organization at Horace Mann as well as IDOT the possible need for a traffic signal at Dodge and C$Srt The school and the neighborhood have expressed a strong interest. The Traffic Engineer has reviewed the traffic data and submitted it to the State DOT for their review. It now appears that there may be sufficient traffic warrants to suggest that a traffic signal would be necessary. We have been advised by the State that the City may be able to receive approxi- mately 50% funding if we are to pursue one of the IDOT financial assistance programs. I have directed the Traffic Engineer to pursue this program. We will keep you advised. 3. Year End Summary - Police. Attached for your review is a summary of police activity for calendar year 1987. 4. Energy Conservation. Our Energy Coordinator recently completed a review of our energy bills. Through Jim's work we have changed a number of accounts, particularly those for our parking ramps, and taken advantage of the special rates offered by Iowa -Illinois Gas & Electric for off-peak usage. We estimate it will save the City $3700 per year. Jim also discovered two billing errors for a one-time savings of $2300. We pay Iowa -Illinois over $1 million per year. 5. Mayor's Youth Employment Program. Their offices have relocated to 410 Iowa Avenue. bc3-3 w 43 Mayor's Youth Employment Program SERVING YOUTH OF JOHNSON COUNTY 315 E. Washington • Iowa City, IA 52240 319-337-3020 January 25, 1986 U.S. Department of Labor ESA Wage d Hour Division Branch of Construction Contracts Wage Determination Washington, D.C. 20210 ATTENTION: Alan Moss, Director Dear Mr. Moss, We would like to request your concurrence in setting up a summer youth program to include 15 year olds. The current regulations regarding youth summer programs as outlined In Department of Labor All Agency Memoranda 171 and 196 address only 16 - 22 year olds and do not address 15 year old teenagers. Iowa City's Mayor's Youth Employment Program currently operates four (4) programs of the Iowa Conservation Corps provided by the Iowa State Department of Economic Development. The success of these programs depends, in part, on the provision of Community Development Block Grant funds that provide for materials, supplies and staff wage subsidy. Youth involved in the lova Conservation Corps summer component quality by random selection process. State criteria dictate that they be 15 - 18 years of age. The 15 year olds have been granted a variance by the Child Labor Committee of the State of Iowa, as requested by the Department of Economic Development (formerly The Office for Planning and Programming), to work in annual construction projects with certain, minimal limitations. Please refer to the enclosed copy regarding this approval. Our program history indicates that we have an excellent safety track record and the addition of 15 year olds targets a portion of the population that find it extremely difficult to find summer employment. d A Ne V Letter to U.S. Department of Labor Continued -2- The summer programs are in complete compliance with memoranda 171 and 1196 with exception of age, therefore, we are requesting that the regulations be modified, or a waiver granted, to include 15 year olds participating in projects that are, In part or In whole, funded by federal monies. Since for many projects the wages portion of funds comes from the State of Iowa, which has received permission to Include 15 year olds, it creates considerable problems when projects are partially federally funded to fulfill match requirements. We either have to exclude 15 year olds who really need the summer employment, or pay them the wages mandated by the Davis Bacon Act. These wages are likely to be at least twice the minimum wage paid to 16 - 18 year olds. Your earliest consideration of this request would be most greatly appreciated. If we can answer any further questions for you, do not hesitate to contact us at (319) 356-5410 (McElroy) or (319) 356-5244 (Milkman). Sincerely, Peg McElroy, Executive Director Mayor's Youth Employment Program Marianne Milkman CDBG Program Coordinator PH/mpm Enclosure (1) cc: Stephen Atkins, City Manager City of Iowa City 7�1'GIq�cNvGt.�-ti A 3 (0 YEAR END REPORT - 1987 Iowa City Police Department Calendar 1987 was a relatively busy year for members of the Iowa City Police Department. A total of nearly 30,000 citizens requested various police services through the year. Officer generated activities totaled somewhat over 41,000 for the same period of time. Arrests were effected for 2612 criminal offenses. Officers issued 7022 citations for moving motor vehicle violations, and wrote 30,535 tickets for illegal parking. In addition, officers and staff made eighty-four appearances at various schools, fraternal groups and social gatherings, discussing a variety of law enforcement and related topics. Officers engaged in 3,000 hours of formal training, plus 1,500 of additional training hours. Comparison of reports offenses and activities appear below. TYPE OF OFFENSE No. 1986 No. 1987 Rape P2 29 Robbery 16 19 Aggravated Assault 208 233 Burglary 504 388 Theft 2071 2028 M.V. Theft 101 120 Simple Assault 128 157 Arson 19 13 Forgery/Counterfeiting 71 71 Embezzlement 14 15 Vandalism 1132 1340 Weapons, carrying 58 40 Sex Offenses 104 135 Narcotics 41 52 Family/Children Offenses 319 357 O.W.I. 443 444 Liquor Law Violations 113 144 Intoxication 777 680 Disorderly Conduct 3687 3516 Vagrancy 84 61 Other Offenses 795 990 Suspicious Person/Vehicle 776 943 Juvenile 321 441 Mental Problems 124 111 Suicide 47 50 MV Accidents 2270 2514 Other Accidents 45 52 TYPE OF OFFENSE No. 1986 No. 1987 Fires 314 426 Alarms 1315 1420 Dead Bodies 10 20 Misc. Investigations 167 254 Misc. Complaints 885 615 Lost/Found Property 1263 1254 Recovered Stolen Property 183 212 Domestic Animals 279 363 Deer Reports 63 89 Speeding 786 793 Vehicle Tows 112 154 The listing above covers only those types of reports and offense of major interest. It is not a complete listing of all law enforcement activities. Total publicly generated and officer generated activities number nearly 83,000 contacts. Most police contacts are informational in nature and do not result in any official action. The Records Division processed nearly 40,000 reports resulting in more than 400,000 pages of material. The second year of records computerization proved a boon to this division. Only the dedication and effort of the personnel assigned to the Records and Identification Division made this level of activity possible. The Criminal Investigation Division was assigned 2,640 cases for investigation. Rates of clearance matched or exceeded the national overage of clearance for nearly all offenses. The Patrol Division carried the bulk of the work load of the Police Department and traveled nearly 1/2 million miles to carry out their duties. The patrol shift on duty from Spm - 11:00pm was the busiest of the three shifts, performing about forty-one percent of all patrol duties and assignments. The late night shift (11:00pm to 7:00am) concentrates its efforts on the control of traffic, drunken behavior and burglary/theft investigation and prevention. The daylight shift (7:00am to 3:00pm) concentrates its efforts mainly upon public service activities and traffic control functions. The pace of Animal Control activities remained about the same in 1987 as 1986. However, this Division operated for a quarter of the year with one less staff member. The major achievement was the agreement between Coralville and Iowa City to construct an addition to the Animal Control facility and to, over a period of time, merge all but patrol activities. In summary, no significant changes in activity levels were recorded in the divisions of the Iowa City Police Department in 1987 as compared to the previous year. Resource and facility limitations obviate any new or expanded law enforcement programs. CITY OF IOWA CJ -1 -*y CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY. IOWA 52240 (319) 356-5CCO February 4, 1988 Mr. Bob Wolf Wolf Construction, Inc. 2920 Industrial Park Road Iowa City, Iowa 52240 Dear Bob: As you are aware, the City has experienced numerous difficulties in its attempt to have constructed new sewage treatment plant and related facilities. This work would include a rehabilitation of the Clinton Street plant as well as construction of a new south plant off of Sand Road. In addition to this work, several million dollars of new sewer construction for our neighborhoods is also planned. This work is being financed by the City and is under the direction of the State DNR, which is responsible for environmental protection regulations. The issues are complex and in this circumstance the City's discretionary authority with respect to the plant construction is very limited. The regulations establish the technical nature of the project, but unfortunately fail to consider the legal and political perspective that often has greater influence than the actual construction process. This is the case with our project planning. To date, we have been unable to secure county zoning for a new plant south of the City limits. Our zoning application has been pending for eight months and to date no formal county vote has been taken. Great volumes of paperwork have been exchanged and yet to no avail. In addition, the University of Iowa has chosen to litigate the sewer rate structure and thereby jeopardize the City's overall financial ability to construct and maintain the treatment plants and other related capital facilities. A simple fact with respect to this issue is that if the court should rule in favor of the University and they were to be provided with a rate break, all others users of the system will need to share in the consequences of that rate break and sewer rates will be increased to all others. We have financial and legal obligations under the capital funding and thereby we must be able to demonstrate adequate revenues to pay our bond debts. While these matters are complex and we feel we are serving many masters, there is one particular issue that you need to be aware of and should be of significant concern. Obviously, the University's litigation and the County's inaction does not allow the City to proceed with some $40 million worth of construction activity in our community. Of even greater a consequence is the fact that the State DNR, due to the inaction of the County Government and the complexities associated with the University litigation, is indicating that the City may be 'officially in non- compliance" with state and federal regulations. This simply says that we A57 Hr. Bob Wolf February 4, 1988 Page 2 have been unable to complete the project in a timely fashion and thereby the State may choose to initiate fines and its own litigation. Of primary concern is the DNR is now indicating that they may choose to initiate a building moratorium; that is, construction activity requiring state approval for sewer permits in the community could be limited and/or halted by state action. This can be of significant consequence to the overall growth of the community as well as your particular industry. This is not intended to be a scare tactic, but merely an expression of the complex nature of the project planning and the fact that the City finds itself trapped by so many competing interests in the project planning. Hopefully, we will be able to avoid this situation; however, the nature of the DNR's enforcement agency would lead us to believe that some type of construction moratorium may be forthcoming. Our position has been that we do not believe the City Government has committed any error and that State and County Governments are, in effect, causing the project delay. If we have committed an error, it was our desire to work with other government agencies, particularly the County, to develop a project that represents the interests of 54,000 persons. Those interests are being held hostage by a few. As a note of irony, we have the State of Iowa, through the University, requesting one set of demands and the State of Iowa, through its Department of Natural Resources, asking for another. I'm sure you can appreciate the circumstances and the situation this presents to the City government. If you would like any additional information, please feel free to call. We encourage you to speak to the matter and particularly the issue of a building moratorium and also the fact that significant construction and other capital monies that would be "pumped into" the local economy are now stalled due to the political infighting that is occurring within the State Government and the inaction on the part of the County. Sin erely yours, Darrel Courtney cc: City council City Engineer /PC 4:V 37 4 M City of Iowa City MEMORANDUM Date: January 29, 1988 To: Steve Atkins, City Manager Fromij John Lundell, Transit Manager Re: '''"'JJJJJJ IPTA Legislative Reception Each year the Iowa Public Transit Association sponsors a reception in Des Moines for State legislators. The event is held in the Hotel Savery with food and drink provided by IPTA members. It is a casual opportunity for us to tout transit service in Iowa. The Coralville Transit Manager and I plan on being in attendance at this year's reception which will be during the evening of Monday, February 22, 1988. Iowa City area legislators have an excellent record of attending IPTA's reception. Other local officials such as City Council members are both welcome and encouraged to participate. Provided you feel it is appropriate, please extend an invitation to the Iowa City City Council. Thank you and contact me with any questions. bc5-4 30? IVAI G R O U P February 1, 1988 Stephen Atkins City Manager City of Iowa City Civic Center Iowa City Iowa, 52240 Dear Mr. Atkins: RECEII;, - �-, 4 1988 The ICAD Group, the economic development initiative created in 1984 to represent Iowa City area communities, had a very eventful year in 1987. We know that none of the programs and projects we have seen completed would have been possible without your support. We are enclosing your statement for the third year payment of your fire year pledge to ICAD. More importantly, we are including an executive summary of program results achieved since our program plan was presented with the fund drive proposal in 1985. lie have also included a brief summary of projects the ICAD Group has contributed to since its inception. We are even more excited about continuing prospects for 1988. The program we have in place at the close of 1987 is far more substantial than we had anticipated in 1984. We have made much progress and have achieved a respected position among Iowa communities. We hope to sustain that position and continue to strengthen the program this year. The most important factor in our success has been the broad base Of commitment from both private and public supporters in our communities. We are grateful for your support. Sincerely, tem o Too erwer Chairman of the Board IOWA CITY AREA DEVELOPMENT GROUP, INC. '7 9 325 E. Washington. Suite 100, P.O. Box 2567, Iowa City, IA 52244 319/354.3939 ®1 a iiuiECia 3JFi3:iiJ E'f TEi IC.lD Ci -.-Vi racy Uc%ciY.: ................................................................................. ._=titan College 1E.IUL9 aest nuy Co:caLy iio Rese!rei Prodolts illiml 8uffirr pioyaing prairie /arEan:sE C.P. Coal Hill, CA9S1 Cnesii i Sayers - HoLi! LivCD Medical In SE L'YLt3 Cooseree Center East= Eoili Ectnofocds ictoomy Advertis:ng .' Facet Enterprises Oringer Feed i Grain B.P. Saith HlnEin Lind Heyer : Hartwig Auto Ccapany Hswseye Fond Sy3:eas [Le. tiawieyE icfri;erateC ServiErs '-peas Biology Eeseirh Center INFO Integrated DIIA Technologies, Inc. Iowa City Transfer Leather Expre3sions Hie 6:ide Addition 12CCA Bichsel Anderian Veterinary Clinic Hillard Vartlouse National CanpLter .Services Neu Life Fitnees Vorid Pella Vinioas ?lusher=. Supply professional turf Specialists P:afilri Coraoratkt. Fcretsane, Ir.:. :Ee52 Embers [.:epe, heinan^p i Piper Biso Rush Corporation Eockve l l Internatianal Bon Veber A Associates Sheller Olohe Corpantion Solvay Veterinary Stauffer Seeds Tar:et Telelooii IeienhcLE Harte Eing aett'iM iraneport Aperi.`a TVL Tycr:et Type3etting CCnneetIGL3 Vntverital Hns:itai Services iccaooltgj A:ncratlun trace: lows City Inv, City North Liberty/Teti toiegy Ieuc•r_LioL Cecter Co!alville Iowa City Co:31ville Iowa City Iowa City Ealnta Iowa City Ceder Rapids Iau! City Iowa City Davenport Iowa City iowa City Iowa City -owl City Cor lvilie NortL Liberty Iowa City Iowa City/TeeLnolagy Inr.cncier. CEater Teclnology Innovation Censer Iowa City .lasts laws City lows City CEdar Ruta Iowa City Iowa City Iowa City Cnrllviile Iowa City !ova City Terhsology [tnnvatin'a C26 -.Er Vest Britet Cedar Rapids/Clinton Iowa City 'iechology Innovation Center Cora!ville Waterloo Iowa City Technology Innovation Center Iowa City Doralville Cedar Eapids Iowa City Nartt Literty CwnleilleyT'ecinolag9 Innovation: Center Iowa City Iowa CitylTectoology Inoovation Center lows City ran I33i 199: 1S;. !s25 l ail 19si :iii !e36 l93i 19Ei 1935 198f 1 •.;5 !987 1987 ail ,g37 list !i:5 ::il Ibbi 193. 1131 !98i h0 1920 1987 !A4 1987 985 1987 1131 :981 t9SS 19E8 1926 1:37 19;6 f9it 19;6 1931 a39 UI ;Jwa Laier husr3rcp Facility lJYa C;ty Na.,:ici !aicha gar-ulacturin., :rrlbiew W-1 l3a A laws City ;iC6 4q U3 City of lovas City MEMORANDUM Date: February 5, 1988 To: City Council From: Rosemary Vitosh, Director of Finance e U� Re: Council's Changes to Proposed Three Year Financial Plan Attached is a summary of the changes to the proposed Three Year Financial Plan as per your decisions made at the February 2nd budget review meeting. Please note that no changes were made to the CIP (Capital Improvement Program). The first page of the summary lists the specific changes made and shows the resulting impact on the property tax levy for the average residential property owner. The percentage tax increase for the three year plan is revised to 7%, 2%, 2%, or an annualized increase of 3.7%. The last two pages of the summary shows the specific changes required for the receipt and expenditure budgets. The changes include the elimination of the balance in the Recreation Facility reserve and any repayments to that reserve. The balance of $25,663 will be used to fund budgeted capital outlay items for the Recrea- tion Division in FY89 ($25,000 for pool lights, with the remainder funding a portion of the costs of mats/curtain dividers for the gymnasium). Included on your February 9, 1988, agenda is a resolution setting the public hearing for February 23rd. The public hearing will cover: 1) the operating budget for FY89, as required by State law, and 2) the Three Year Financial Plan which includes the CIP. Final Council approval is scheduled for March 8, 1988. At that time you will be asked to approve two resolutions. The first resolution is that required by the State for approval of the FY89 Operating Budget. The second resolution will approve the Three Year Financial Plan, including the CIP. Please contact me, Terry Kimble or the City Manager with any questions on the attached summary. Unless notified otherwise, the summary will be used to prepare the publication notice for the public hearing. cc: Stephen Atkins Terry Kimble tp5/2 M P FY89 - 91 FINANCIAL PLAN COUNCIL'S CHANGES TO CITY MANAGER'S PROPOSAL PROPERTY TAX LEVIES AFTER COUNCIL CHANGES: Tax Levy 11.695 Tax Payment for Average House11.924 11.924 % Increase 654.87 667.70 681.05 7.08% 1.96% 2.00% FY89 BUDGET FY90 PROJECTION FY91 PROJECTION $ AID TO AGENCIES: FY89: Increase from $203,330 to $207,538 General Fund Contingency 4,208 4,208) 4,380 4,280) 4,554 Net Change in Expenditures _O_ 4,554) PROPERTY TAXES: Fire Equipment Replacement Eliminate Rec, Facilities Reserve (20,000) -0- -0- and Repayments Police Department Accreditation Transit (37,363) (12,000) (11,700) (11,700) Subsidy -No Transfer to Reserve Library Staff Increase (75,000) -0- of 2.5 FTE Adjustment to Final Taxable Valuation 64,009 21,532) 67737 21,956) -0- Change Net to Property Tax 24,590) Asking 101,886) 34,081 35,006 PROPERTY TAX LEVIES AFTER COUNCIL CHANGES: Tax Levy 11.695 Tax Payment for Average House11.924 11.924 % Increase 654.87 667.70 681.05 7.08% 1.96% 2.00% V O FY89 - 91 FINANCIAL PLAN RECONCILIATION OF CITY MANAGER'S PROPOSAL WITH COUNCIL'S ADJUSTMENTS FOR THE PUBLIC HEARING 44O FY89 FY90 FY91 --BUDGET-- PROJECTION PROJECTION GENERAL FUND: Revenues: Total Per City Manager's Proposal 16,830,066 17,341,638 18,343,008 Council Adjustments: Property Taxes: Changes to Expenditures (54,691) 56,037 59,596 Reduce Taxes the Amount of Recreation Facilities Reserve 25,663) -0- -0- Net Change to Property Taxes (80,354) 56,037 59,596 Close Recreation Facilities Reserve to General Fund 25,663 -0- -0- Fire Equipment Replacement Reserve (20,000) -O- -0- Recreation Facilities Reserve (11,700) 11,700) 11,700) Total Change to Revenues 86,391) 44,337 47,896 TOTAL GENERAL FUND REVENUES 16,743,675 17,385,975 18,390,904 Expenditures: Total Per City Manager's Proposal 16,711,884 17,266,427 18,467,118 Council Adjustments: Increase Aid to Agencies 4,208 4,380 4,554 Reduce Contingency (4,208) (4,380) (4,554) Police Department Accreditation (12,000) -0- -0- Payment to Fire Equipment Reserve (20,000) -0- -0- No Payment to Recreation Facilities Reserve (11,700) (11,700) (11,700) Add Staff to Library 64,009 67,737 71,296 Transit Subsidy for Bus Replacement (75,000) -O- -0- Increase Transit Levy Transfer (Per Final Taxable Valuations) 484 552 693 Total Change in Expenditures 54,207) 56,589 60,289 TOTAL GENERAL FUND EXPENDITURES 16,657,677 17,323,016 18,527,407 44O FY89 - 91 FINANCIAL PLAN RECONCILIATION OF CITY MANAGER'S PROPOSAL WITH COUNCIL'S ADJUSTMENTS FOR THE PUBLIC HEARING TRANSIT OPERATIONS: Revenues: Total Per City Manager's Proposal Council Adjustments: Transit Levy (Per Final Taxable Valuations) General Fund Operating Subsidy Total Change in Revenues TOTAL TRANSIT OPERATIONS REVENUES Expenditures: Total Per City Manager's Proposal Council Adjustments: Transfer to Replacement Reserve Total Change in Expenditures TOTAL TRANSIT OPERATION EXPENDITURES TRANSIT REPLACEMENT RESERVE Reserves: Total Per City Manager's Proposal Council's Adjustments: Transfer from Operations Federal Capital Grants Total Change in Revenues TOTAL TRANSIT RESERVE REVENUES Expenditures: Total Per City Manager's Proposal Council's Adjustments: No Bus Purchases in FY89 Total Change in Expenditures TOTAL TRANSIT RESERVE EXPENDITURES P FY89 --BUDGET-- 2,007,240 484 75,000) 74,516) 1,932,724 1,994,311 75,000) 75,000) 1,919,311 332,874 (75,000) 257,874) 332,874) -0- 455,531 322,874) 322,874) 132,657 FY90 PROJECTION 2,100,639 552 -0- 552 2,101,191 2,087,255 -0- -0- 2,087,255 339,746 -0- -0- -0- 339,746 376,196 -0- -0- 376,196 FY91 PROJECTION 2,214,788 693 -0- 693 2,215,481 2,200,687 -0- -0- 2,200,687 346,320 in -0- 346,320 363,220 -0- -0- 363,220 0744® N 1185 E Jefferson Iowa City, Ia 2/8/88 City Mana er Steve Atkins Mayor Qohn McDonald and City Council 'Twas almost too miraculous to be true that you could discover funds in the budget to restore the financial cut that had forced our public library to close its doors early on Thursday evening and remain closed until Saturday morning. As a member of the public who is a regular client of our library and more recently a volunteer to help the overworked staff cope with the tasks resulting from the almost continuous -during "open" hours" of our library, I thank you for.your decision. I might add, I:.know that this has been an extremely difficult year to plan the new budget. Funds are so critically reduced and needs are greater than ever! You have worked hard, and have come up with the best possible choices for the general good of our population. Con- gratulations to you, Sincerely, Agnes Kuhh, a loyal Iowa Citian from 'way back AV/ CITY OF CIVIC CEN(ER a 10 E WASH!!vGTON ST February 3, 1988 The Honorable Jean Lloyd -Jones Senator State Capitol Des Moines, Iowa 50319 Dear Senator Lloyd -Jones: Mayor McDonald to Area Legislators OWA IOWA CITY. 10!-`% CITY (319) 35b-5CCC As you know, the City of Iowa City has undertaken a $39 million project to improve .its wastewater (sewer) collection and treatment system. Those improvements are of course being made pursuant to Federal EPA and Iowa DNR mandates which originated 13 years ago with the Federal Clean Water Act. However, due to recent problems with the University of Iowa over sewer rates, and with Johnson County over zoning for a new plant site, the project is at a standstill and is threatened with further lengthy delays. I have enclosed a report outlining the history and status of the project. That report was prepared in response to a DNR proposal that the Iowa Attorney General commence enforcement proceedings against Iowa City for the City's failure to meet project schedule deadlines. The DNR proposal will be reviewed by the Environmental Protection Commission at their next meeting on February 15 and 16, 1988. Essentially, it is the City's position that it cannot proceed with this project until these problems, particularly the rate dispute with the University, are resolved. As you may know, the University was required by court order to either pay its sewer bill or have service discontinued. Although the University paid its back due bill, it is nonetheless pressing forward with its suit challenging the City's sewer rate. Furthermore, while those actions alone threaten the project financing plan, we have recently learned that the University is considering pulling out of the City's sewer system and building its own treatment plant if the City refuses to give it a rate break. If the University is serious about that proposal, which we question, then the entire project is in jeopardy. Why should the City be required to build a new plant that it won't need if the University builds its own? Clearly, the City needs a commitment from the State of Iowa - the Univer- sity of Iowa - that the University will continue to use its sewer system and pay its bill for that use, before the City can commit to expend $39 million of its funds to improve ffa--system. PAGE 2 The report suggests a legislative resolution to the University sewer rate dispute, as well as the county zoning problem. We have asked the DNR to sponsor that legislation. We are also asking you to assist us if we are successful in having that legislation introduced. Our City Attorney will be corresponding with you in the next few days to present those legisla- tive proposals. I would ask you to review the enclosed report and that proposed legislation. Our staff will then contact you to discuss these problems and the prospects for a legislative solution. Thank you for your consideration of this matter. Sincerely yours, hn McDonald, Mayor City of Iowa City bdw2/16 Enclosure a Timmins to Area Legislators CITY OF IOWA CITY CIVIC CENTER 410 E W4SHINGION ST IOWA CITY. IOVVA 52240 (319) 356-5CN February ft, 1988 The Honorable Jean Lloyd -Jones Senator State Capitol Des Moines, Iowa 50319 Dear Senator Lloyd -Jones: You have perhaps by now received a letter from Iowa City Mayor John McDonald regarding the problems confronting the City in carrying out its wastewater system improvements project. Although we are pursuing a number of alternatives to resolve those problems, it appears that both our zoning problem for the new plant site in Johnson County, as well as the University sewer rate dispute, will get bogged down in litigation for at least a couple of years unless a more expedient solution is found. The result for the community will be the delay of badly needed sewer improve- ments. Furthermore, we are faced with the possible imposition of fines through DNR or EPA enforcement proceedings, and perhaps even a DNR imposed development moratorium which would drastically impact economic development locally, not to mention some notable University projects now on the drawing boards. In a recent meeting with the DNR staff, we presented a report outlining the history and status of the project, including a description of the alternatives available to the City. In that report, we suggested possible legislative resolutions for both issues and we asked the DNR to support us in that effort. The DNR staff asked us to prepare and submit those proposals in detailed form, which has been done. Enclosed with this letter are two proposed bills, one to address the county zoning problem and one to address the sewer rate dispute. I will now proceed to briefly outline those two proposals for you. The problem that we have with the Johnson County Board of Supervisors is that they are captive, and have made the project captive, of a few local interests in the vicinity of the proposed new treatment plant site. The Board has made it clear that the site will not be rezoned until the City completes negotiations with those parties -- nays what they are asking -- for necessary sewer and access road easements over their properties. We don't dispute the right of those parties to compensation, but the project cannot be held up until those matters are resolved. The County is abusing its zoning authority to blunt the City's power of eminent domain to acquire those interests. Ames faced this same problem some years ago and was eventually forced to "buy off" several property owners surrounding its treatment plant site. Such application of county zoning authority is a A Val. Page 2 gross abuse, but it would take us a couple years of litigation to get around it. The legislation which we are proposing to address this problem would give final treatment plant siting authority to the executive director of the DNR. The executive director would be required, however, to solicit a report and recommendation from the local zoning and floodplain management authority. In making the decision, the director would be required to balance the public's interests in the construction of the wastewater treatment plant against the public's interests as reflected in the local zoning and floodplain regulations. The director's determination would be appealable, first to the Environmental Protection Commission, and ultimately to district court. The enactment of this legislation is the only way that treatment plant siting decisions can be de -politicized, and made in a timely and rational manner. Withoneof regard commitment. The vUniversity ersity ehas arep rete pudiated t d itsh1977 agreementreall the City that it would use the City's sewer system and pay the same rate for use as all other users. The University contributes 27% of the wastewater that the City treats and 27% of its total sewer revenues. Without the University's commitment to pay the City's sewer rate, the City commitment to the money to finance h to stay on our system wedon't Without 'tknow thatweeven needthe ethethew plant. The legislation that we are proposing to address this problem would provide the necessary commitment. At present, Section 384.56 of the Iowa Code provides that the State may connect its buildings to city sewer systems "under the same regulations as for sewer connections to private property." The City contends that this provision requires the University to pay the City's sewer rate, but the University apparently disagrees. Accordingly, our proposed legislation would amend this provision to sewerprovidsys(tem are requirethstate d to pay the encies asamen ate fore thatuservice so aa cit pplies to other sewer users, (2) that the sewer rate charged to state agencies may include operation, maintenance, and capital improvement costs for the entire system, and (3) that state agencies are entitled to any special rate that applies to commercial/industrial users if those agencies qualify for that rate. A final provision would require that state agencies whose buildings are connected to a city sewer system be notified of capital improvement projects which will cause their sewer rate to increase by more than 5%, whereupon those agencies would be required to indicate to the city whether or not they intended to continue to use city sewer service. If those agencies chose not to provide their own sewer treatment service, they would be required to continue to use city sewer service until bonded indebtedness for the project had been retired or until they discontinued use of their buildings altogether. We have requested the DNR to initiate direct discussions with the Board of Regents, the University of Iowa, and the Attorney General's office in an attempt to secure the University's commitment to use our sewer system and to pay our sewer rate. If the DNR is unable to secure such a commitment, we have then requested that DNR introduce this legislation, as well as the bill on treatment plant siting and county zoning, as part of their legislative package. �� V' M Page 3 City Manager Stephen Atkins and I are planning to be in attendance at the Chamber of Commerce legislative reception scheduled for Tuesday, February 16, at the Hotel Savery in Des Moines. We hope to have an opportunity to further discuss these legislative proposals with you at that time. Sincprely, Terrence L. Timmins City Attorney /PC 99 J a Y 3 Timmins co Rep. Neuhauser CITY OF I CMC CENTER 410E WASHINGTON ST W� CITY IOWA CITY. I0VVA 52240 (319) 356-5CC0 February 3, 1988 The Honorable Mary Neuhauser State Representative (46th District) 914 Highwood Iowa City, Iowa 52240 Dear Mary: You will find enclosed all of the materials that you requested after the DNR meeting in Des Moines last week. I have provided you with copies of all prior City/University sewer contracts since 1934, all City/University correspondence on the sewer issue in 1986/1987, and all pleadings in the lawsuit. Also enclosed are draft copies of the two legislative proposals that I discussed with the DNR staff as well as copies of correspondence with DNR Executive Director Larry Wilson and other local legislators. We will be working with the DNR to see if they would be willing to intro- duce these bills as part of their legislative package, and with our League representatives to see if we can get them introduced through the Local v toatt nd theniChamber ofther the Commerce ouse or Senae. We arlegislatiivetreceptione aalo tsthelaHHotel Savery on February 16, 1988. We hope to use that opportunity to discuss these legislative proposals with our local legislative delegation. We hope to see you then. In the meantime, I would ask you to keep us advised of any developments that you become aware of. S1 erely, City Attorney Timmins City A bdw3/3 Enclosures r CITY CIVIC CENTER Atkins and Timmins to DNR Executive Director OF IOWA CITY 410 E WASHING101'J ST IOWA Clllf319) 351,-5 February 3, 1988 Mr. Larry Wilson Executive Director Iowa Department of Natural Resources Wallace State Office Bldg. Des Moines, Iowa 50319 Dear Mr. Wilson, This letter is a follow-up to the meeting held between the staffs of the Department of Natural Resources and the City of Iowa City regarding the City's compliance with Administrative Order #87 -WW -52. During the course of that meeting, several issues arose that we believe will require further policy consideration by your agency, the Environmental Protection Commis- sion, the State Board of Regents, and quite possibly the Iowa Legislature. In this letter, we will attempt to outline those issues for you, setting forth the City's policy position and a proposed resolution of those issues that we hope your agency will actively support so that the City's waste- water improvement project can proceed. Iowa City's project is, for the moment, at a standstill. We have encountered several problems that have unavoidably delayed the project. One of those problems, the University sewer rate dispute, has evolved to the point where it threatens to derail the entire project. The other major problem, the county zoning dispute, has the potential to delay for two to three years a very significant part of the project, the new south wastewater treatment plant and accompanying sewer improvements. During our meeting with your staff, we presented a report outlining the history and status of the project. In that report, we pointed out that the City was virtually powerless to proceed in the face of these problems. With regard to the county zoning problem, the City cannot legally construct the new south wastewater treatment plant until Johnson County rezones the site, or until county zoning approval is rendered inapplicable by annexation or by court decree. While the City is pursuing all of these strategies, a resolution could take from two to three years to achieve, especially since all of these alternatives either involve litigation or the likelihood of litigation and time consuming appeals, as the Ames experience demonstrates. With regard to the University sewer rate dispute, we point out in the report that it would be imprudent for the City to proceed with the project without obtaining immediate assurance that its largest ratepayer, the University, will continue to pay the rates charged until the bonds have been retired, or without amending its rate structure so as to assure that it will have sufficient revenue, without full University 44011W Mr. Larry Wilson February 3, 1988 Page 2 participation, to retire the bonds. Without such immediate assurance from the University, the City can only proceed with the project by risking the interests of the bondholders, or by adjusting the rate structure and risking the interests of all other ratepayers. Furthermore, the dispute has recently taken an even more unsettling direction from the City's perspective. We recently learned that the University administration is considering withdrawing from the City's sewer system and constructing its own treatment plant. Whether this is a serious proposal by University administrators, or a trial balloon aimed once again at coercing the City to bargain the University's sewer rate, is uncertain at this point. This much is certain, however. If the University is not going to continue to contribute to the City's sewer system, the City needs to know that fact before it makes any further commitments to the plan of improvements now being designed. Without the University's 27% contribution to the City sewer system, the City certainly doesn't need a two plant system, doesn't need to increase its overall treatment plant capacity except for wet weather flows, and may want to rethink the entire plan of improvements. Thus, the University sewer rate dispute has evolved into a problem with fundamental implications for the City's project - problems which must be resolved before the City is required to proceed any further with the project. Essentially, it is the City's view that the University has repudiated an aggreement that it made with the City in 1977 to use the City's sewer system and to pay the same rate as all other users - even if that rate included costs of capital improvements to any part of the system. The City cannot make a comnittment to proceed with any part of its project to improve its sewer system unless and until the State of Iowa --the University of Iowa --honors its committment to use that system and pay the same rate for use as all other users. In the report that we submitted to your staff, we suggested that it may be possible to resolve both problems without waiting for litigation to take its course. As to the county zoning problem, we have suggested that it would be appropriate to have the final decision as to treatment plant siting be made by the executive director of the DNR after review and consideration of local zoning and flood plain regulations. We have included with this letter a bill draft to amend Section 455B.183 of the Iowa Code to implement that legislative proposal. As to the University's challenge to the City's sewer rate, and its veiled threat to withdraw from the City's sewer system unless it is granted a reduced rate, we have likewise suggested legislation to deal with the issue. At present, Section 384.56 of the Iowa Code provides that the State may connect its buildings to city sewer systems "under the same regulations as for sewer connections to private property." The City contends that this provision requires the University to pay the City's sewer rate, but the University apparently disagrees. Accordingly, we would propose that this provision be amended to provide (1) that state agencies that connect their buildings to a city sewer system are required to pay the same rate for that service as applies to other sewer users, (2)that the sewer rate charged to state agencies may include operation, maintenance, and capital improvement costs for the entire system, and (3)that state agencies are entitled to any special rate that applies to commercial/industrial users if those agencies qualify fur that rate. A final provision would require that state agencies whose buildings are connected to a city sewer system be notified of capital improvement AVA- Mr. Larry Wilson February 3, 1988 Page 3 projects which will cause their sewer rate to increase by more than 5%, whereupon those agencies would be required to indicate to the city whether or not they intended to continue to use city sewer service. If those agencies chose not to provide their own sewer treatment service, they would be required to continue to use city sewer service until bonded indebtedness for the project had been retired or until they discontinued use of those buildings altogether. We think you would agree that such a legislative amendment would require the University and Board of Regents to either make the necessary comoittments to the City of Iowa City, or to immediately decide to go it on their own. In either event, the City could then finalize its wastewater system improvement plan, design and build the necessary improvements, and achieve compliance with state and federal mandates. Short of such legislation, or an immediate change in the University's ects for an resolutionnis of hthisdisissue. We w uldY herefore r request the assistanceimmediate the Iowa Department of Natural Resources in the following particulars. First of all, we would request that your agency contact the Board of Regents, the University administration, and the Attorney General to obtain their committment to continued use of the City's sewer system and payment of the rates adopted by our City Council, or their clear and unequivocal decision to withdraw from the City sewer system. Absent such a committ- ment on the part of those State agencies, we would then request the assistance of your agency in the introduction and passage of the legisla- tion that we have herein proposed. That leaves only one issue remaining for discussion, and that is the penalties that your staff is considering imposing on Iowa City for failure to meet the compliance deadlines set forth in Administrative Order g87 -WW - 52. Your staff has suggested that the City agree to the entry of a consent decree imposing fines on the City for the delays incurred to date, and providing for future fines if the City does not meet future performance deadlines. Your staff has also indicated to us and to several local developers that it is considering the imposition of a development moratorium on the City of Iowa City. We consider both of these measures to be unduly punitive and unproductive. It can hardly be said that the City of Iowa City has been dragging its feet on this project. Our problems have been caused by other governmental agencies, most notably another state agency. The City doesn't feel particularly culpable in this instance, and fore would not be inclined under the circumstances to consent to the imposition of any fines, now or in the future. With regard to the proposed sewer moratorium, we would only observe that it would end up punishing innocent parties who have had no part in the delays that the City has experienced --unless the moratorium were to apply to University development, as we think it logically and legally should if it is imposed at all. In any event, we would like to go on record at this time as strongly opposed to the imposition of any form of development moratorium on the City of Iowa City, and we would ask you to advise us as to the scope and status of the proposed moratorium. In conclusion, we would like to express our appreciation for the courtesy and professionalism exhibited by your staff in dealing with these matters, as well as the understanding attitude which the agency continues to 4944dL 4 .l. Mr. Larry Milson February 3, 1988 Page 4 exhibit in dealing with what must be a very frustrating project. We want to assure you that you have our pledge to work diligently to conclude this project as soon as we can. Sincerely, Stephen J. Atkins City Manager Terrence L. Timmins City Attorney 5 a Legislation Proposed By Iowa City re County Zoning Problem HOUSE FILE BY Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved y A BILL FOR 1 An Act relating to authorization, permits, and approvals for construction 2 and operation of public treatment works. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 �� I S. F. H. F. 1 Section 1. Section 4556.183, Code 1987, is amended by adding the 2 following new subsection: 3 NEW SUBSECTION. 4. Public treatment works and the other matters 4 pertaining to their construction and operation, regardless of where 5 located or proposed for location, are the direct responsibility of the 6 executive director in accordance with the following policy: 7 a. The executive director shall expedite the construction and 8 operation of public treatment works consistent with the standards for 9 assuring water quality provided by this chapter. 10 b. The executive director shall approve the siting of public 11 treatment works, after determining (1) that such proposed works comply 12 with all state and federal laws and regulations pertaining to such 13 treatment works and to the environmental impact of such works, and (2) 14 that such proposed works either comply with all applicable ordinances and 15 regulations of city and county governments within whose jurisdictions such 16 treatment works are to be constructed, or the public interest in having 17 such works is greater than the local government's interests as reflected 18 in its zoning and/or floodplain ordinances. In making such determination 19 as to local zoning and floodplain ordinances and regulations, the 20 executive director shall request and review the report and recommendation 21 of the local agency, board or commission responsible for administration of 22 the local zoning or floodplain ordinance or regulations. Such request 23 shall identify the nature and location of the treatment works being 24 proposed. The local agency, board, or commission shall publish notice of 25 and hold a public hearing on the proposed siting of the public treatment 26 works. The local agency, board, or commission shall have 60 days from 27 receipt of the executive director's request to submit its report and 28 recommendation regarding the proposed siting of the public treatment works 29 and the applicability of local zoning and floodplain regulations, but may 30 in its discretion decline to submit a report and recommendation. In case 31 of conflict between or among such local agencies, boards, or commissions, 32 each may submit its report and recommendation within said 60 -day period. 33 The executive director shall make the determination as to siting based on 34 the reports and recommendations received, if any, at the close of said 60- 35 day period. In making such determination, the executive director shall 36 balance the public's interest and need in the construction and operation -2- �� I S. F. H.F. 1 of said proposed treatment works against the public's interests as 2 reflected in the local zoning and floodplain ordinances and the impact on 3 surrounding properties and uses. The executive director's determination 4 as to the siting of proposed public treatment works shall be a final 5 determination of the matter, binding on all local agencies, boards, or 6 commissions involved, and persons as hereafter identified, provided, 7 however, that a local agency, board, or commission having jurisdiction of 8 the proposed site, or any person owning or residing on land within one - 9 quarter mile thereof, may appeal said determination to the Environmental 10 Protection Commission as a contested case proceeding pursuant to Chapter 11 17A of the Code. 12 c. The executive director shall not delegate to any local government 13 or agency any aspect of the permitting process for public treatment works, 14 including review of the engineering plans for their construction and 15 operation. 16 d. The permit and authorization of the department shall be the only 17 permit required for the construction and operation of public treatment 18 works. However, the department shall provide an adequate time for other 19 departments and agencies of the state to review and comment on any 20 proposed project. In issuing its permit, the department shall so condi- 21 tion it as to meet the concerns expressed by other departments and 22 agencies, including those of local agencies, boards, or commissions having 23 zoning or floodplain management jurisdiction, to the extent that the 24 department deems practicable, but the department shall not deny a permit 25 for a project which meets the department's standards for assurance of 26 water quality. 27 e. The expeditious construction and operation of public treatment 28 works are declared to be matters of essential importance critical to the 29 public health and economic development of the state. For that reason, the 30 construction and operation of public treatment works shall not be 31 judicially restrained by any court of this state for reasons of adverse 32 effect on the value or use and enjoyment of adjacent property, the city or 33 county streets and roads, or other property. However, such adverse 34 effects are compensable by award of money damages through the ordinary 35 procedures pertaining to claims against the public owner. -3- 7-� W W S. F. H. F. 1 Sec. 2. This Act, being deemed of immediate importance, takes effect 2 from and after its publication in the Iowa City Press -Citizen, a newspaper 3 published in Iowa City, Iowa, and in the Cedar Rapids Gazette, a newspaper 4 published in Cedar Rapids, Iowa. 5 EXPLANATION 6 This bill relates to the construction and use of public sewage 7 treatment works and their regulations by the department of water, air and 8 waste management. The bill fixes responsibility for the permitting with 9 the executive director of the department; prohibits delegation of reviews 10 to local governments; gives the executive director the authority to 11 determine the siting of treatment works upon review of all applicable laws 12 and regulations, including local zoning and floodplain regulations; 13 provides that the executive director's siting determination as to siting 14 is appealable to the Environmental Protection Commission as a contested 15 case proceeding, and restricts the power of the courts to enjoin the 16 construction or operation of the treatment works. The bill is effective 17 upon publication. -4- 01 r�- Y W m Legislation Proposed By Iowa City re University Sewer Rate Dispute HOUSE FILE BY Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the connection of state and state agency buildings to 2 city sewer systems and the payment of rates for such use. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 S.F. H. F. 1 Section 1. Section 384.56, subsection 4, Code 1987, is amended by 2 adding the following new unnumbered paragraphs: 3 Subsection 4. 4 Cities in which state or state agency buildings are located shall 5 permit sewers for such buildings to be constructed through or under the 6 streets of the city, and connection to be made to the sewer system of the 7 City under the same regulations as for sewer connections to private 8 property. 9 State agencies whose buildings are connected to a city sewer system 10 shall pay the same rate for sewer use as other ratepayers which rate may 11 include operation maintenance and capital improvement costs for the 12 entire system Such agencies shall be entitled to any special rate 13 granted to private commercial/industrial users if those agencies Qualify 14 for such rate based on quantity of use or any other eligibility factors 15 applicable to such special rate 16 Cities in which state agency buildings are connected to the cit 17 sewer system shall inform such state a encies of any proposed sewers stem 18 improvement project which will result in a sewer rate increase to any such 19 agency in excess of 5% in any fiscal year. Each such agency shall be 20 reguired to indicate whether it intends to continue its use of the city 21 sewer system within 60 days of receipt of such notice Such agencies 22 shall thereafter be re uired to continue use of the city sewer system 23 until such time as any bonded indebtedness incurred by the city to finance 24 such improvement project has been retired or until such time as those 25 agencies discontinue use of such buildings 26 Sec. 2. This Act, being deemed of immediate importance, takes effect 27 from and after its publication in the Iowa City Press -Citizen, a newspaper 28 published in Iowa City, Iowa, and in the Cedar Rapids Gazette, a newspaper 29 published in Cedar Rapids, Iowa. 30 EXPLANATION 31 This bill clarifies an existing code section, which authorizes state 32 agencies to connect their buildings to city sewers, by requiring those 33 agencies to pay the same sewer rate for sewer use as other sewer users. It 34 would also entitle such state agencies to any special rate for sewer use 35 applicable to commercial/industrial users if the state agency qualified 36 for such rate. Finally, it would require cities to give notice to state -2- 4 I S. F. H. F. 1 agencies of local sewer improvement projects which would cause sewer rates 2 to increase by more than 5%, thus affording those state agencies an 3 opportunity to discontinue city sewer service and make other arrangements 4 for such service. If an agency decided to continue to use city sewer 5 service after such notice, it would be required to continue to use such 6 service until sewer project bonds were retired or until it discontinued 7 its use of its buildings. -3- go a Timmins to DNR Staff Attorney CITY OF IOWA CIVIC CENfEf? 41 O E W4SHINGi N T CITY O S IO1VA CITU. IC)v,... = 240 (zaq;3=;��.`,C2 February 3, 1988 Ms. Diana Hansen, Staff Attorney Iowa Department of Natural Resources Wallace Building Des Moines, Iowa 50309 Dear Ms. Hansen: You will find enclosed the materials which you requested during our meeting in Des Moines last week. I have provided you with copies of all prior City/University sewer contracts dating back to 1934. In addition, I have enclosed for your review our drafts of the legisla- tive proposals that we presented in that meeting and in our report. I have also enclosed a copy of the legislative proposal made by the City of Ames a compare ourebillars amendingoSectionsthe 455B.183nwith the Ameblproposal,oI think you'll find that we've suggested a more enlightened approach that has a greater chance of legislative approval. However, our approach would insert your agency into these local disputes much more directly. In my view, though, that is the only way to resolve such disputes in a timely dnd rational manner. With regard to the legislative proposal on the sewer rate issue, I'd first like to outline that proposal for you, and then initiate discus- sion of a related issue that we have raised in our lawsuit with the University. At present, Section 384.56 of the Iowa Code provides that the State may connect its buildings to city sewer systems "under the same regulations as for sewer connections to private property." The City contends that this provision requires the University to pay the City's sewer rate, but the University apparently disagrees. Accord- ingly, we would propose that this provision be amended to provide (1) that state agencies that connect their buildings to a city sewer system are required to pay the same rate for that service as applies to other sewer users, (2) that the sewer rate charged to state agencies may include operation, maintenance, and capital improvement costs for the entire system, and (3) that state agencies are entitled tc any special rate that applies to commercial/industrial users if those agencies qualify for that rate. A final provision would require that state agencies whose buildings are connected to d city sewer system be noti- fied of capital improvement projects which will cause their sewer rate Ms. Diana Hansen February 3, 1988 Page 2 to increase by more than 5%, whereupon those agencies would be required to indicate to the city whether or not they intended to continue to use city sewer service. If those agencies chose not to provide their own sewer treatment service, they would be required to continue to use city sewer service until bonded indebtedness for the project had been retired or until they discontinued use of their buildings altogether. While this bill offers a relatively simply and straightforward resolu- tion of the City's present dilemma with the University, it also raises an issue that the City has raised in the University lawsuit, division VIII of its counterclaim for declaratory relief. In that division of the counterclaim, I have asked the court to declare that the City is prohibited by Federal regulation from giving a special or reduced rate for sewer use to any user, including the University. The regulations that I am referring to are those found in 40 CFR Part 35, Section 35.929. Indeed, the 1977 sewer use agreement between the City and University was necessitated in part by these regulations. Prior to those regulations, sewer use charges were calculated as a percentage of the charge for water use. Some of the City's users, such as tFeresi- dents of University Heights (a separate municipality) were subject to a higher ercentage sewer bill. Those Federal regulations outlawed that practic� required the City to change its method of sewer charge computation in order to remain grant eligible. The City in effect agreed to enact a flat rate for all sewer users in earlier Federal grant agreements for projects, such as the "River Corridor" project. That change in the computation of sewer use charges was incorporated into the 1977 sewer use agreement. The City considers that it continues to be bound to the observance of those regulations by virtue of those earlier grant agreements. The issue which this proposed legislation raises is whether any city under a Federal grant agreement for a sewer project can enact or give a reduced sewer rate to any of its users. In our view the proposed legis- lation, if adopted, could only be applied to give such special rates in "non -Federal grant" cities. It also raises an interesting question for Federal grant cities, such as Ames, which have by agreement or ordinance given rate breaks to certain users. A copy of the Ames/Iowa State University sewer use agreement is enclosed for your information. The University of Iowa insists that it is entitled to a similar agreement in Iowa City. We contend that Iowa City is prohibited from entering into such an agreement by Federal regulation. The lawsuit will likely re- solve that issue. I would suggest, however, that it would be better for all concerned if our need to pursue that lawsuit was obviated by passage of the legislation which we have proposed. Otherwise, the court may well declare the City of Iowa City is prohibited by those Federal regu- lations from entering into an Ames/Iowa State type agreement with regard to sewer use charges. Such a precedent, particularly if affirmed by the Supreme Court, would work to the obvious prejudice of the Board of Regents, Iowa State University, and possibly your agency since it pre- sumably reviewed the Ames/Iowa State agreement prior to its execution. V .Y. Ms. Diana Hansen February 3, 1988 Page 3 Thank you once again for your cooperation on these difficult matters. If you have any questions or comments regarding the issues raised in this letter, I would welcome the opportunity to further discuss them with you. Sincee,rely, Terrence L. Timmins City Attorney Enc. /sp Mayor John McDonald City of Iowa City 410 E. Washington Iowa City, IA- 52240 City Council Members City of Iowa City 410 E. Washington Iowa City, IA 52240 ,DERS ASSOCIATION .�"`"'p'-�e OF IOWA CITY E affiliated with tib,,,,,.« NATIONAL ASSOCIATION OF HOME BUILDERS Re: New Sewage Treatment Plant and Threatened Building Moratorium Dear Mayor and Council Members: February 8, 1988 Though most people don't know it, threatened by an economic crisisour community is being . Since the City of Iowa City has been unable to make sufficient progress to solve treatment problemsits sewage , the State Department of Natural Resources threatens to shut down all construction within this community. we are faced with a State imposed building moratorium. Obviously, a State imposed building moratorium in Iowa City would be disastrous for many people. Our tax base would be devalued because of no new construction leaving all of our local governments short of real estate taxes that would have otherwise been anticipated. The loss of growth and all the Positive things that come with growth in a community would di- minish revenues for all of our local businesses and ultimately make this community a less desirable place to live. More than any other business, the construction industry would be crip- pled. Those in the construction business would be forced to shut down in Iowa City and build out of town. Finally, more than anything else, the commun tial residents who will choosity would lose present and poten- e to build new homes and reside outside the Iowa City boundaries. ��� Page -2- February 8, 1988 On behalf of the Iowa City Home Builders Association I am asking you to put all your efforts into solving the sewage treatment problem immediately. Do everything within your power to show the State Department of Natural Resources that you have a complete plan to solve the problem and are making substantial progress with the elements detailed in your plan. Work hard with the county, the State of Iowa, and the University of Iowa to get the. •actual construction of a new plant underway. Do everything that you can to see that State and Federal approvals remain in place and that financing for the project is not in jeopardy. Please do all of this so that the members of this community can continue business as usual. The members of the Home Builders Association will support your efforts to solve the sewage treatment problem. We under- stand that the zoning change needed by Johnson County has been a real snag and we urge ,you to negotiate and remove that obsta- cle as soon as possible. If you are unable to obtain the required rezoning, we strongly urge you to annex the required land to the City, either voluntarily or involuntarily, however you must proceed. Though the costs of the new facilitv are high, the costs of not having the facility will be even higher. We urge you to proceed with haste and will lend our support in this endeavor.. RHW/dc 02/44-01-195 W Home Builders Association of Iowa City Robert H'! Wolf/ President �� I City of Iowa City MEMORANDUM Date: February 8, 1988 To: Mayor John McDonald and City Councilmembers From: Terrence L. Timmins, City Attorney Re: University of Iowa and A.T.B T. Requests To Install Utilities In City Streets Introduction: In my memo of January 26, a copy of which is attached, I outlined for you two proposals that have recently been presented to staff that will require some policy direction from the Council. Both the University proposal to install an electric transmission line in the Madison, Court, Front, and Burlington Street right-of-ways, and the A.T.BT. proposal to run a new fibre-optic long distance telephone line through Iowa City along the CRANDIC railroad right-of-way,are being proposed by entities that do not hold City franchises, and are thus not covered by any agreement. In my earlier memo, I outlined the course of the negotiations with both entities, and indicated that we had proposed a "license agreement" in both instances, instead of requiring a franchise. In this memo, I will update you on the status of those negotiations in preparation for the Council's discussion of the matter which has been scheduled during the informal session on Tuesday evening, February 9. University Proposal: At the time that I wrote the January 26 memo, you will recall that staff had just learned that the University, and not Iowa -Illinois Gas 8 Electric Company, would be contracting to construct and would own and operate the electric transmission line, contrary to what we had been told when first approached about the project early last fall. When City Engineer Frank Farmer learned from officials of Iowa -Illinois Gas 8 Electric Company that the University would construct, own, and operate the transmission line, Mr. Farmer informed the University's project manager that the City would not issue an excavation permit to its contractor, Wolf Construction Inc., until the University obtained appropriate authorization from the City to install and maintain the line. Shortly thereafter, I was contacted by University Business Manager Mike Finnegan who wanted to know what kind of authorization the City would require and how long it would take to get it. I reminded him at that time that the City had given a draft of a proposed license agreement to University Vice President Dorsey Ellis in March of 1987 during the discussions that were then underway over the fibre-optic telecommunications system and cable television system that the University was then installing in City streets. I indicated to Mr. Finnegan that it would be our recommendation to the City Council that the City not allow the current project to go forward until the University had at a minimum executed a license agreement covering the electric transmission line. I also indicated that we would be discussing with Council the possibility of requiring the University to execute a license agreement covering all of their existing utilities, including the cable television system which had Page 2 been installed without the City's knowledge or permission, and contrary to our cable television franchise ordinance. Mr. Finnegan inquired if there wasn't some way that the project could proceed while the terms of the proposed license were being negotiated. I reminded him that the City had allowed the University's fibre-optic telecommunications project to proceed on that basis, that Mr. Ellis had later rejected the very concept of a license agreement when we presented our draft of it he March of 1987, and that the University had made no counterproposals since that time. Under those circumstances, I indicated that I thought it doubtful that the Council would be willing to let the project proceed on the basis of another University proposal to "work something out later." However, in response to Mr. Finnegan's insistence that the project should be allowed to proceed because the University had already let the contract and delay would hurt the contractors, I indicated that we would certainly present to the Council any proposal that the University wanted to make, and I suggested that perhaps the City Council could be persuaded to grant a temporary license, for say six months or a year, if it was granted under terms sed in March of 1987 andifcit was cp d�itioned upon eexec�ut onhwithin that ropo6- or 12 month period of a license agreement covering all University utilities. I indicated that if the University were to prepare such a temporary license agreement and present it for staff review, it could be considered by the Council at the February 9 meeting. On Friday morning February 5, the University's proposed license agreement was presented to me for review. A copy of that proposed agreement, as well as prior City/University correspondence on the subject, are attached for your review. The proposal made by the University, although designated a "license agreement", is actually little more than a The University's proposal does not provide the City wiith a—� homed control over its street right-of-way to the same extent that our franchises do, nor does it give the City adequate protection against liability should the City accidentally disrupt the transmission line, or should some third party be injured by it due to the University's negligence in constructing or operating it. Neither I nor the Public Works Department could recommend that the City grant the University a license for the electric transmission line under the terms that the University has proposed. If the University is unwilling to enter into e license agreement more in line with what staff proposed a year ago, it would be our suggestion that the University make arrangements that the line be constructed, owned and operated by Iowa -Illinois Gas and Electric Company, the City's electric franchisee, as was originally proposed last fall. A.T.BT Proposal: When A.T.BT.'s representative approached City Engineer Frank Farmer in October of 1987, Mr. Farmer directed him to me to discuss the need for a franchise or other agreement. After discussing the project with him, I learned that the fibre-optic cable proposed for installation through Iowa City was for the purpose of providing long distance telephone service to the area, and not for the purpose of providing local service. Further- more, since the A.T.BT, line would follow the CRANDIC right-of-way, only that the crossing City streets at existing railroad crossings, it was determined granting the ncompanyrthesr rights itnot neededthe inporderito useCity use City Page 3 It was determined that the license agreement would be the most appropriate means for the City to grant those rights. On that basis, a draft form of license agreement was prepared and presented to the company's represen- tative. The form of agreement proposed was virtually identical to the form of agreement presented to the University in March of 1987. On January 19, 1988, we received from A.T.&T. an executed form of that draft agreement. However, the company made a few changes and deletions to the license agreement, and we need to discuss at least one of those issues with the Council for policy direction. The draft agreement that we sent to the company included a provision for a license fee, although we left blank the amount of that fee. The company deleted reference to that fee in its proposal. We will want some policy direction from Council on the fee issue. In this regard, we would only point out that A.T.&T. is undoubtedly paying CRANDIC a substantial fee for use of the railroad right-of-way, and that the City pays annual license fees to several railroads for the privilege of maintaining a variety of utility installa- tions under railroad right-of-way. Conclusion: From the City's perspective, there is really little justification for treating the University's electric transmission line project any differently than A.T.&T.'s fibre-optic long distance telephone project, except perhaps as to the fee issue. We have not proposed that the University pay any kind of a fee for use of City street right-of-way, except that they be required to pay the 5% fee for use of City streets for their cable television system, as our ordinance requires of the City's cable television franchisee. In all other respects, the proposed license agreements would assign the same rights and obligations to both the University and A.t.&T as users of City street right-of-ways. Such agreements are necessary so that the City has the necessary authority to manage this most important City resource and to protect itself against the liability that it incurs in allowing of entities to use i streets. Terrence L. Tip City Attorney /PC CITY OF IOWACHIC CENTER 41 CITY O E WASI-INGTON ST IOWA CI1Y. IOWA 52240 (319) 356-5000 February 5, 1987 Mr. James 0. Freedman, President The University Of Iowa 101 Jessup Hall Iowa City, Iowa 52242 Dear Jim: I recently read articles in the Daily Iowan and the Iowa City press - Citizen outlining the University's plan to establish and operat abbe sys em for University dormitory residents. I and that the along swithcits�new al cfibber pticle for ttelephone and stem was ins ailedcommby the e University The purpose of this letter is to raise a number of concerns with respect to the installation and ultimate usage of the coaxial cable system. 1. The City's Broadband Telecommunications Enabling Ordinance provides that a franchise is required of any person, firm, company, corpora- tion or association which constructs, installs, maintains or oper- ates within a public street or within a public property of the city equipment or facilities for the distribution of television signals. The Iowa Code, as I understand it, provides broad franchising au- thority to cities and therefore we believe it to be in the best interest of the City of Iowa City to assert our authority in this instance and have informed Heritage Cablevision accordingly, While I am not completely familiar with all the details, I am led to believe that it is the University's position that the franchise requirement does not apply as the telephone system was an internal improvement to the University. On the surface 1 would have to agree, however, with the installation of coaxial cable, apparent that the University and Heritage Cablevision have init was tended to provide for some type of cable television system. Now that it is clear that these installations have been made, I believe it is important that the City and the to provide University reach some type of accord for a satisfactory legal framework for these systems. Accordingly, 1 would like to suggest that we initiate discussions involving the appropriate University officials and City staff as 6;$00 V' a Mr. James 0. Freedman February 5, 1987 Page 2 well as representatives of Heritage Cablevision to, at the very least, sort out the issues and arrive at some mutual accommodation. Dale Helling, Assistant City Manager, has responsibility for over- seeing the City's cable franchise ordinance. 1 am requesting that the appropriate University official be designated. Dale will fol- low-up to arrange for the scheduling of a meeting. Thank you. Sincerely yours, / ' Stephen J. Atkins City Manager bj2/8 cc: City Council Dale Melling Terry Timninse John Hayek Bill Blough 01 " The University of Iowa Iowa City. Iowa 52242 ®' Vice President Ia Finance RECEIvEDFEB 181987 and University Services e.• February 13, 1987 Steve Atkins City Manager City of Iowa City 410 E. Washington Street Iowa City, Iowa 52240 Dear Steve: President Freedman asked me to respond to your recent letter concerning the City's Broadband Telecommunications Enabling Ordinance and the University. I will be pleased to arrange a meeting with you and your colleagues to discuss the way in which the University has provided telecommunication services to students living in its residence hall system. Let me make clear, however, that the City's Broadband Telecommunications Enabling Ordinance, like other city ordinances, does not apply to activities undertaken by the University. Neither the City of Iowa City, nor any other municipal corporation in Iowa, is empowered to exercise power over an agency of the State. The State Board of Regents, a state agency, exercises plenary authority over the University of Iowa, pursuant to Chapter 262 of the Code. Any attempted exercise of authority by the City of Iowa City would be inconsistent with state law and not permitted by the statutes governing conduct of municipal corporations. This is not the first time this issue has arisen in the last several months. If you or the City Attorney would like an opportunity to discuss further the relationship between municipalities and state agencies under Iowa law, I would be happy to arrange a meeting with the Attorney General's office. Since Dorsey D. Ellis, Jr. Vice President CC: President James 0. Freedman Thomas J. Miller Merle W. Fleming Julia A. Mears a A V V CI i;Y OF IOWA CITY Li , .I'I-- I C- Fe--uary 24, 1997, M Dorsey D. Ellis, Jr. 1 .'-PresidErt for Finance d University Services : tlniyersity of Iowa City, lows 52242 O:r Mr. Ellis: C-:� Mareaer Steve Atkins has requested that 1 respon4 to your Tette' of Ff'ruary 13, 1967, in which you set out the University's positio re;:°rd- i-; the recent installation of fiber optic teleconr.ucications and rezxjal c;.'le television systems in City street right-of-way. A- the City Manage- pointed out in his letter, the City does have some 'r_itim`te in' erests and concerns to protect in this instance, not the lr:st o w`.i.., is the management of City street right -Of-way as a mu - p:• resource. Tne duty to keep street right -of -w•ay "open, in repair and f•eo fro, %isarnce" is quite clearly assigned to cities pursuant to Se:- . 364.12 of the Code, and in furtherance of the performance of this 0: cities have beer. given broad franchising authority pursuant to SA,. 364.2 of the Code. TnE City's primary interest in this situatio is t: manage the use of its streets by both public utilities dnC OthE' 0?',- e•'nmental entities, including the University, so that its value 6s a resource is not impaired. Although fran:hising has been the traoitional re�tllatory framework for City management of street right-of-way, we re'og- n�_e tr,e difficulties w`,ich inhere in that approa h in this ins!ar:E, since the systems are alreajy in place and since frarrhisin; these state-, wn.i'd requirE an election. As we explained to University representatives ir. February 1996 at the time the project was initiated the City's irter- est5 could be just as well served b' a City/University agreemer. or right useuse. WE proposed such ar, agreement at that time, but, dao to t4r fact that the project was already underway, dE:ided not to prEcor,ji- tion University use Of City streets or exe'uti0n 0' such; an agree -=-t H,'wew Er, we are now prepared to propose an agreem;rl which in our Vi E. would obviate the need for franchises, and we would suggest that a me -ting hr arranged within the next weet: or two to discuss the; proposal. A secondary bat nonetheless important issue to be addressed involves the City's cable television ordinance and our existing franchise with Heritage Cablevision, The ordinance provides that "No person, firm, company ... shall construct, install, maintain or operate within any public street.,, any equipment or facilities for ,,,a broadband teleconrunications n0 worf_ ..unless a franchise... has first been obtained. ,..11 Chapter 14, Section 14-66 of the City of 10.6 City Code of Ordinances. While Heritage has obtained such a franchise from the City, and would thus be allowed to �� Mr. Dorsey D. Ellis, Jr. February 24, 1987 Page 2 provide cable service to the University and/or to University residence halls, the ordinance does provide at Section 14-73 that the franchise grantee 'shall pay to the City an annual (franchise) fee in an amount equal to five (5) percent of the 'annual gross revenues'...," which is defined at Section 14-61 of the Code to include "revenues from all sources including without limitation revenues from advertising, chann-el—leasing, data transmission .... and any other charges...in addition to the subscri- ber's monthly payment." The City's cable television franchise fee support for both its cable television reg right-of-way management activities. ,iv upon City street right-of-way by virtue sion system:, we feel it appropriate that pay the required fee therefore. We would representatives also discuss this issue posed agreement for use of right-of-way. Thank you for your consideration of meeting wits, you and University staff within the next few days to arrange the Sin e ely, Terrence L. Timmins City Attorney cc: Mayor Ambrisco City Councilmembers City Manager Steve Atkins James 0. Freedman, President University of Iowa bdwl/6 was adopted to provide financial ulatory activities and its street en the additional burdens imposed of the University's cable televi- either the University or Heritage suggest that City and University when we meet to discuss the pro - these matters. I look forward to to discuss thea. I will contact you details for our meeting. 0 a. CITY OF IOWA- CITY March 10, 1967 Mr, Dorsey D. Ellis, Jr, Vice President for Finance L University Services The University of Iowa 101 Jessup Hall Iowa City, Iowa 52242 Dear Mr. Ellis: Per our conversation of Monday, March 9th, I ar, enclosing herewith a copy of the agreement which the City is proposing be executed by the Ci•y and the University. Althouoh in form desionated a license, the ag,eemen; covers many of the sane items typically covered in a franchise, end pro- vides a procedural framework within which the City and the University would work. In preparing for our upcoming meeting, it would be very helpful to m: if I had more information concerning the cable television system which was recently installed by the University. Specifically, I would like to know what services the University will be offering to dormitory residents, beyond the basic package available through Heritage, and what other use the University will make of the coax cables which have been installed. I would also request that copies of any ao-eements between Heritage and the University be provided to me. Thant: you for your assistance on this miter. Sin e ely, Terrence L. Timmins City Atto"ney tp2 /7 071V V 2-5-87 LICENSE AGREEMENT BETWEEN DRAFT T THE CITY OF IOWA CITY, IOWA, AND THE UNIVERSITY OF IOWA RECITALS A. Pursua-' to Iowa Code (1985), Section 364. 12, Iowa cities are res,onsible for k-e:.ing public grounds, streets, sidewalks, alleys, brie: -s, cul- verts, overpasses, underpasses, grade crossings, public ways, squares, and ceTons open, in repair, and free from, nuisance. B. Iowa Cc ---e (1985) Section 364.2(4), authorizes Iowa cities to gra-- public utili;N franchises regulating "the conditions required and the -;nner of use o` the streets and public grounds of the city..." low; City has grante: such franchises to gas, electric, and telecommunicatir s compa- nies, each of which has installed wires, pipes, conduits, an: related equip --^.t over, under, across and upon public property throe;-ou; the City. C. In ad:` ion to franchise utilities, the City of Iowa City oprass util- ity systems that provide water and sewer service to its reside -s, which incluc- water and sewer lines, pipes and appurtenances over, u,der and across public property in the City. O. The U— ,ersity of Iowa owns property and facilities at numerous locations in ]g..; City. Further, the University and businesses contracting with " the U - 'varsity, operate utility systems ;o provide, ac„og oche- things, OR V$4 4 r z energy, w=ter, sewer, and audio, visual and electronic com,ri-ations services to University facilities for use of faculty, students and staff, E. In opc-a;ing such utility systems, the University has installed wires, pipes, conduits, and related equipment over, under, upon and across public p-operty which is owned by or under the control of the City, includ`ric property being used by City utility franchisees. F. Because Such uses of public property are so extensive in order to mini - Mize conflicts and promote cooperation between the City and the Univer- sity i- ope-ation of various utility systems, the parties dee- it to be in the-- best interests to agree with respect to the use of public prop- erty f.- the location, installation, and maintenance of utility systems and fa_ilities. AGREEME14TS Section 1. Definitions. (a) "Aud`c or Visual Communications" means radio, television (including Cable tele) Sion), telegraph,, telephonic and electronic trarc—jSSiojS, i w'he`by means of open or closed transmission facilities, I (b) "City' shall mean the City of loss City, Iowa, and, where ap.ropriate, shall include its officers, employees and agents. 07044 I (c) "Enerc.�' Sha 11 mean powrr in the form of gas, oil, electricity or stea-. (d) "Excavation Regulations" shall mean Article 11 of Chapter 31 of the Iowa City Code of Ordinances, a copy of which is attached hereto and incorpo- rater herein by reference. (e) "Put'ic Improvements" shall mean any improve-ents on Public Property, incic_ing but not limited to paving, sideralks, grass, vegetation, trees, street lights, tra`fic signals, water mains, sewers, and equip- ment relate' thereto. ( f ) " Pub' ic Property" shall mean City-ovine� or controlled public rig" s -of -way easements, bridges, squares an_ conr,ans. (g) "Pub'ic Utility" or "Pub!ic Utility System" shall mean any gas, elec- tric, telephone, cable television, water, or sewer system serving the general populace of Iowa City. (h) "UniNe-sity" shall mean the University of lora. (i) "Uni,ersity Utility Service" or "Utility Service" shall mean the provi- sion of energy, audio or visual communications, water and serve- service 4 (bot, sanitary and storm% for use of faculty, staff or students of the Unive-city. 4 (j) "University Utility Systea" or "Facility" or "Utility Sys te-" shall include all equipment owned, operated, leased or subleased by the Uni- versity in connection with University Utility Service and shall include but not be limited to poles, wires, pipes, cables, underground conduits, ducts, manholes, vaults, and other structures or appurtenances. Section 2. Basic Grant; Term. The University o` low, is hereby granted a license to construct, maintain, inspect, protect, repair, replace, retain and use University Utility Facili- ties to p -oxide University Utility Service in, under, upon, alono and across Public Property, subject to the regulatory powers of the City and subject to the conditions hereinafter set forth. The term o` this License Agreement shall be for a period of ten (10) years, beginning , 1987, and extending to and including 1997. Tris License Agreement may be terminated by sixty (60) day s written notice by the City to the University as specified herein. on 3. Extension or Expansion of utility S stem, Major Repair Installation of New Systems. Before co-rencing any extension or expansion of its Utility Sys'e or any V major repeir work (i.e. the repair or reconstruction, of any part of the Utility System on Public Property) or the installation of any ne,a system in the City, or any direct or indirect connection of its Utility System to the City's se,.e' system, the University shall file with the Public Works Depa•t- ment of tre City a written statement specifying the Public Property under or VO 4 5 upon which it proposes to extend, expand, install or repair its Utility System and, if applicable, the City sewer or sewers to which it proposes to connect. Tne Director of Public Works may require that the statement be accompanie-I by a map, plan or specifications showing the proposed location of the University Utility System components with reference to streets and alleys and lot lines, the size and dimensions of all University Utility facilities, and the distance above or beneath the surface of the ground it is proposed to repair or to lay the same. If the proposed locations of any University Utility Pa:ilities shall interfere with the reasonable and proper use, con- struction, reconstruction and maintenance of any Public Improvements or existing City owned Public Utility System„ component, or other structure upon or under thn Public Property, the Director of Public Works shall, within a reasonable time after the filing of such plan, map or specifications, note the changes necessary to eliminate all interference with a Public Improvement or existing City owned Public Utility System facility and refer the same back to the University for amendment. Such map, plan or specifications, when properly 'changed and corrected, shall be filed in the Public Works Depart- ment, and after the approval of the same by the Director of Public Works, a permit sha'l be issued authorizing the University to proceed in accordance with the a:aroved maps, plans o, specifications. The permit issued hereunder shall include any permit required pursuant to the City Excavation Regula- tions. G: such excavation, construction or erection shall be commenced before the issuance of the permit herein provided for and all work shall be in strict accordance with the approved maps, plans or specifications. 6 Section 4. Construction. and Repair of Utility SvsteTs. In the process of location, construction, reconstruction, replace�e,nt or repair of any University Utility System component, the excavation o- obstruc- tion made or placed in Public Property at any time or for any purpose by the University s�.all, to protect the public and to assure the safe and efficient movement of traffic, be properly barricaded to comply, at a minim-., with barricade requirements set forth in the Excavation Regulations. All pavement taken up or displaced shall be properly an; speedily replace in a:cordance with the City's Excavation Regulations. As a condition to use o` public right-of-way, the University shall, to the reasonable satisfactic- of the person or entity whose property was damaged, at its own expense, repair or cause repai- to any private property, Public Utility System compone•., Public Improvemer., or Public Property damaged by such location, construction, reconstruction, replacement or repair work. Further, without liriting the generality of the foregoing, the University shall assume full responsibility for all losses, damages, costs and expenses for injuries to persons or prop- erty resulting from such location, construction, reconstruction, reclacement or repair, and shall, to the extent permitted by State law, defend or provide a defense to the City and its officers, employees and agents from ar_ against all claims of every nature with respect to such work, or where excavations have been rade, in the repair of the same or resulting or arising from delay or failure to restore the Public Property to its former condition, o- result- ing from a failure to properly barricade such excavations. If the Uriversity fails to repair or arrange with the City for the proper repair of any Public Property after excavations have been made, and after five days' notice in writing tc do so, given to its Facilities Planning and Utiliza`.ior Director, then the City may make such repairs at the expense of the University, N EM 7 Section 5. Excavations and Tree Trim^.i (a) General, Before making any excavation. in Public Property, the Univer- sity shall obtain a permit therefore pursuant to the Excavation Regilations, and shall provide the Public Works Department with at least 24 hours notice prior to the actual commencement of the work. In performing such work, the University shall not unnecessarily obstruct the use of Public Prop;-ty, and shall comply with all provisions of the Excavatio• Regulations relating to traffic control, protection of paved surfaces and a --joining property, reloca- tion and protection of Public Utility Facilities, backfilling, repair of surfaces, noise, dirt and debris clean-up, and preservation of moms-ents. In emergencies which require irmediate excavation, the University ma proceed with the work without first applying for or obtaining the permit, provided, however, that the University shall apply for and obtain the excavation permit as soon as possible after commencing such emergency work. The University shall no: be charged the fee or deposit required by the City's codes and resolutions, nor shall it be required to furnish a certificate of public liability insurance, except that if the University fails to obtai• the re- quired permit within the time required, it shall pay two times the required fee within ten (10) working days' writter, notification by the City. The University hereby agrees to assure full responsibility for trees on Public Property adjacent to property owned or controlled by the Uriversity. u In cutting and trimming trees on or over Public Property, the University shall conduct such work in a careful and prudent manner and in accordance with the provisions of Sections 34-16, 34-19, 34-20, 34-21, 34-22, 34-23, 34-24, 34-25, 34-26, 34-37, 34-3E, 34-39, 34-40, and 34-41 of tr- Code of 0 Ordinances of Iowa City, a copy of which is attached hereto. The parties agree that such provisions set forth minimum standards necessary to assume the health of trees and the safety of the public. (b) Failure to Comply; Remedies. If the University fails to comply with the pro.isiens of subsection (a) of this Section, the City may (i) repair or restore the Public Property to a condition as good as t'r.e condition of the Property prior to the disturban:e by the t'-iversity. The University shall pay the costs of such repair or restoration; and (ii) charge the University twenty-five dollars ($25.00) for each day the condition remains unremedied after receipt by the University's Director of Facilities Planning and Utilization of notice of the need for such repair or restoration until the date of satisfactory repair or restoration of the Property. Tne University shall pay to the City its costs and charges for such work within thirty (30) days after receipt of the City's oilling. Section 6. Work, by Others Construction by Abuttino Owners, Alte•ation to Conform with Public Improvements. µ I The City reserves the right to lay, and permit to be laid, wires, pipes, cables, cc,.duits, ducts, manholes and other appurtenances, and ._ do, or permit tc oe done, any underground and overhead installation or irprovement M V Y w that may be deemed necessary or proper by the City in, across, alono, over or under any Public Property occupied by the University, and to change any curb or sidewal: or the grade of any street. In permitting others to do such work, the City shall not be liable to the University for any damage so caused. Tne City shall not be liable to the University for any damages arising o,. of the performance of such work by the City or its employees, agents, co -tractors or subcontractors; provided, however, nothing herein shall relieve any other person or corporation fro7 liability for damage to University Utility Facilities. Section 7. University Contractors. The require—en's of this License Agreement shall apply fully to all persons, firms or ce•porations performing work for the University under a contract or other type or work order. Section 8. Conditions of Street occupancy. (a) Use. All University Utility System components erected by the University within the City shall conform to established grades of streets, alleys and sidewalks, and be so located as to cause minim;ir interference O th other public ut" ities located in or upon Public Property, and to cause minin,m interfererce with the rights or reasonable convenien;e or property o,:ners wF,o adjoin Pu:'ic Property. FE (b) Interference with traffic. the University shall conduct its work here- under in such manner as to cause as little interference as possible with pedestriar and vehicular traffic, and shall abide by scheduling directions, if any, given by the Director of Public Works. (c) Mandatory Underground Construction. In any areas of the City which the City Coun:il designates as an underground service district, the University shall install its Utility System Components underground, except for control components K4ich must be placed above ground. All such above -ground compo- nents she" be designed and located with due regard for aesthetics. (d) P.elo:ation. The University shall, upon reasonable notice and at its sole cost and expense, remove, locate and relocate its utility system compo- nents in, or, over or under any Public Property in such manner as the City may at any time require for the purpose of facilitating the construction, reconstruction, maintenance, repair or change in grade of any public improve- ment on, i, or about any such Public Property, for the purpose of promoting the efficient operation of any such improvement, or for the purpose of fa- cilitatin_ the vacation and/or redevelopment of public right-of-way by the I City. In t -e event the University fails to act within the allotted time, the City may cause the Utility Syster components to be relocated, anc the costs thereof s�atl be assessed to the University and shall be paid as provided in Section 5;:! hereof. u i (e) Placement of Facilities. The University shall not place its Utility System Fa:`lities in the Public Property where the same will interfere with the norme' use or maintenance of any Public Improveaent, including but not A *V 1 Y O limited to streets, alleys, sidewalks, traffic control devices, sanitary sewers, storm sewers, storm drains or water mains, or any Public Utility Facility. (f) Locator Service. Upon request, the University agrees to assist in locating underground facilities which are part of its Utility Syste-,. Such assistance will be provided in a timely manner, usually within twenty-four (24) hours of the time of the request. Section 9. Powers of Lit Nothing ir. this Agreement shall be construed to abridge the right or power of the City to make further regulations relative to the use of the streets, alleys an: public grounds by anyone using the sane for the erection and maintenance of utility systems. Section 10. Plans and Coordination. (a) Construction, Expansion Repair and Rehabilita'ior Plans. On or before May 1 of each year, the University shall proride the Public Yorks De- partrent with a schedule showing all planned construction, expansion, rehet4litation, repair, or reconstruction o` the Universit, Utility Syste—, except emergency work, which is p'anned within the City, or within unincorporated areas within two (2) miles of the City's corporate limits, during the next five years, 40010 Y 1? On o, before May I of each year, the City shall provide to the Univer- sity its latest Capital Improvements Program, as adopted, for the con- struction, rehabilitation, repair, or reconstruction or Public lmpro;e-nents on Public Property during the next five years. The C'ty and the University shall use such information for planning and coorc'-..ating City and University construction work. on Public Property, and f:,, planning growth and development within the City. (b) CoorC+nation of Work. The City and the University agree that it is in their mutual interest to coordinate their work on City Public Improve- ments and the University Utility System, respectively, and they further agree that the City shall have ultimate authority and responsibility for the coordiantion of such work. Accordingly, upon written request by the City, the University shall reschedule (advance or delay) such work withi- the City to coordinate with or avoid interference with any work to be done by the City, or shall relocate its construction route to a route acceptable to the City. Furthermore, upon request by the City, at the time the City rehabilitates, repairs or reconstructs Public Improve- ments located on Public Property the University shall adjust to grade all acpurtenances related to its Utility System and which are located on the Folic Property. (c) As Lilt Plans. Upon completion of work, the University shall promptly furnish to the City copies of "as built" plans related to its Utility Syste- located on Public Property. 01 HL V M 13 Section 11. Maps, Re:e-:s, Reports and Documents. (a) Maintenance of P.e:c-ds. The University shall keep car,,'=te and accurate maps and records o" its operations under and in con,=::io-, with this License Agreeme-•t. The University shall keep its m -:s and records of each type of Uti'-ty Facility and Utility System it S_:h a way that separate and spe:,`:c identification is available. (b) Exarriratio an= A_:it of Records. The City shall ha,e the right, at reaso-able times a -C for reasonable purposes, to exavi• , audit, review, and!o- obtain ee:'es of the documents, maps, plans ar: ::her records of the U-iversity p=-:=-ining to this License. The Univ --!":y shall fully coop= -ate in me available records and otherwise a;i'stirc in these activities. (c) ]nqui•ies. The :":y may, at any time, mak= reasons' "nq_iries as to the U•iversity's c:•eration of a Utility Service wit" :he City. The Unive-sity shall respond to such inquiries within five ':) wor;;ing days Of a- inquiry, (dj Annus' Report. or before the first day of May c^ :a:t• yea- during the te'r of tris _ sense Agreement, the University s's" file Witt the City a correcte: st of facilities, and an up -to -da.- r,:-.1 o` its Util- ity Systems, sho. — all Facilities newly installed, e):= -def or removed during the previc_: calendar year, as well as those cu-•e-tly it use. 49 OF#/ a 14 (e) F•'••cs. Copies of all petitions, ap;lications, communications and re: �-ts submitted by the University to the Federal Communications Com - r _:ie the lova CD'mmerce Comrnission, or any other regulatory agency, -aspect to any matters affecting a Utility Service conducted in whole i• part within the City shall be provided to the City at the time s.:• cocuments are filed with the agency. L c — . Violations of Aoreement. Upon eiiden-e being receive by the City that a vic!at ion or of this License Agreement, or codes or ordinances law`-lly regu- the University in the furnishing e` service hereunder, or the use Public Property, is occurring, or has occurred, (hereinafter - e:! to as a "default") the City sha'1 cause an investigation to be If the City finds that a default epists or has occurrec, the City r: ta1.e appropriate steps to secure co-:•liance with the terry of this %.•=e-ent or the codes or ordinances. (b) ft " ce of Default. The City shall notify the University of tre default a - the University shall cure such de`ault within fourteen. (14) days receipt of such notice. (c) %e a:'es for Defa,:lt. If the University fails to cure a de`a.'t within :icor allowed, the City shall have the right to: seek specific performance; or remedy the default by doing the ac: itself, or throug� a contrac- tor, and charge the costs of suc� work., to the University; or V .r 15 (iii) se O. damages for su:h default; or (iv) any combination of (i), (ii) and (iii). The U-iversity shall a'sc be liable for reasonable attorneys' fees and costs incurred by the City in pursuing any such course of action ( in- cl u,'riz payment for tire spent by in-house attorneys), together with inte-est on out-of-po:1.et costs expended hereunder at the rate of 9.751. per a-nu'i. Section 1.. Liability and lr:-?:-ification. The Unive-sity covenants t: indemnify, defend, an.' save the City and its officers, agents and employees, harmless from ar.y and all damages arisin;, directly e- indirectly, fro- exercise of the rights granted herein. Damages to crops, fences, or other p-;,,erty of the City or its franchisees, licensees or tenants during the ori;'r.al construction arc subsequent maintenancC, repair a•.c use of the Pub'. is Property shall be p-om.ptly compensated for by the UnivE-sity. Section It. License Fee. The Unive-city shall pay nc `ee fo- the license va•:ted hereunde-. Section 1:. Severability. In the e.e•,t that a court c' competent jurisdictioc shall adjudge any provi- sion or r-ovisions hereof i•ralid or illegal, o, direct a change by the Universit; in aay matter c• thing herein contained, such invalidity or aq M rM 16 illegalit% o- change shall in noway affect the rer.aining provisions of this Agreemer.t or their validity or legality, and this Agreement in all other respects s',all continue in full force and effect, as if said provision or provisiors hat not been so adjudged invalid or illegal, or such change had not beer directed, or shall, at the City's option, cause a termination of the Agreeme-:. Sect ior if. Prior Licenses Repealed. All gra-'.-, franchises, agreements, franchises-ir-fact, rights, licenses, and privilege_ heretofore made or granted by the City to the University, by ordinance c- other..•ise, and all rights of the Ur±versity thereunder made by the Cit, x, cxhers fror= which the University ma; have purchased any part of its Uti1i:) Systems, are hereby merged into ti's Agreement, it being the intentic, xra: this Agreement shall contain all grants, franchises, agree- ments, r _':s, licenses, privileges, and oblig—J ons of the University relaxin: xc U-.iversity Utility Service. sectio•. 1-. Assignment. This A.r ee 4 shall not be assignable withou'. the express consent of the City Co--:,*' of the City; such consent to be e,idenced by an ordinance or resolutic- x'.at fully recites the terms and co�.'tions, if any, upon which such co -ser: is given. n Sect ior IE. Vacation of Streets an(' Alleys. So long as the University exercises the rights granted to it hereunde•, the City will not, by ordinance or otherwise, vacate any street, alley or p::lic way in w'ich the University has installed Utility Facilities without reserv- ino suet rights as necessary tc allow continued use of such Prope-t, for Utility Facilities in accordance with the terms of this Agreement, pro, -'def that notring herein shall limit the City's right to require the Univers to relocate its Utility Facilities as provided in Section B(d) hereof. Sectior, 19. Delivery of Notices. Except as may be expressly provi;:: io Sections 4 and 5 hereof, any notices hereunder shall be in writing an: s -all bE delive-ed via certified mail, eJressed to the parties as follows, -•'ess otherwise indicated in the future; If to Licensor; City Mara_Er City of ]ora City 410 E. Was'ingtor, St. Iowa City, Iowa 52240 OROW W 18 I1 to License'.: provided, however, tF.et in the case of an emergency, n :es mei be giver verbally to the abore-named. In such case, written co-`•-matiV should be provided. Nothin; co�%tained herein shall prevent othE� f: -ms of notice if actually received t., the addressee. Notice shall be deer:: giver. or, date of mailino in case of :Ertified mail, or otherwise on the dare actual notice is received. THIS AGREEMENT is e -.:e -ed into as of the day of 1987. By Its ATTEST: Its UNIVERSITY 0= IOW4 CITY OF ::n". C]?1 Be: Mayor ATTEST: City Clare 0710 City of Iowa City MEMORANDUM Date: January 26, 1988 To: Mayor John McDonald and City Councilmembers From: Terrence L. Timmins, City Attorney Re: University Proposal to Install Electrical Transmission Line in City Street Right -of -Way Introduction: During the last six months, the City has been approached by two entities, AT&T and the University of Iowa, seeking to install utilities in City street right-of-way. The AT&T project involves the installation of a long distance fiber optic telephone cable, while the University's project electric transmission line. City staff and presentatives are now involves an AT&T re negotiating a "license agreement" covering installation and operation of the long distance fiber optic telephone cable and that matter will be presented to Council at an informal session in the near future to secure some policy direction. In this memo, I will outline the status of our discussions with the univer- sity regarding the proposed electrical transmission line. Discussion: The University of Iowa and ]owa-Illinois Gas & Electric Company have for some time been planning a project to construct an electric substation just to the south and west of the railroad overpass on Capitol street, and an underground transmission line frthe new substation northof Burlington Street u nearti theUniversity bstaon to an existing Plant. The Propowouldsed pr proceed northnfromline the newdesigned substation rrin theKMadisonleStreettV of right- of-way to Court Street, would proceed west on Court Street to Front Street, and then north on Front Street across Burlington Street to the existing University substation. These improvements are apparently necessary to pro- vide better and cheaper service to the University. As originally proposed some months ago, the new substation and transmission line were to be constructed, owned and operated by the City's franchisee, Iowa -Illinois Gas & Electric Company, Under its franchise, Iowa -Illinois is permitted to use City streets for such purposes, but must, of course, receive City approval of the route and location of those facilities in street right - franchisee to move its facilities of -way. Furthermore, the franchise gives the City the right to require the ties, Furthermore, the franchise if they come into conflict with city utili- hold requires the franchisee to indemnify and e City harmless account of the installationoroperationof suchhfacilitiessuffer damages on 7`7` In recent discussions with representatives of lowa-Illinois and the Univer- sity, City Engineer Frank Farmer discovered that those parties have changed their plans and that the proposed transmission line is now to be owned and operated by the University. This, of course, raises the issue of what the City should require of the University in allowing it to bury this high volt- age transmission line in City street right-of-way. As the Council will recall, the City and the University faced this same issue approximately two years ago when the City was approached by the University seeking permission to install a new communications system (telephones, etc.) for its many buildings, utilizing fiber-optic cables buried in City street right-of-way. City staff initially questioned whether the University would need to obtain a franchise from the City to install and operate such a sys- tem. At that time, we were persuaded by University representatives that a franchise was not necessary, and that the City and the University could instead enter into an agreement to allow the University to place those im- provements in City streets. On that basis, the City acquiesced and allowed the University to proceed with that project on the assumption that an agree- ment could be negotiated and would be executed by the University. However, it was discovered during construction of that system that the University was also installing a cable television system along with its fiber optic tele- phone system. City staff corresponded with University official informing them that their new cable television system was in violation of the City's cable television franchise ordinance. However, in an attempt to compromise the issue, City staff drafted and offered to recommend to Council the execu- tion of a "license agreement" that would cover all University utilities, including the new cable television system. The University refused to negoti- ate such an agreement, particularly those provisions that would have required it to pay a license fee equivalent to the franchise fee that it would have had to pay as a cable television franchisee. Those discussions and negotia- tions stalled in March of 1987. Conclusion: With regard to the University's current project, it would be my recommenda- tion that the City not allow that project to proceed unless the University, at a minimum, negotiates and executes a license agreement covering the trans- mission line. The City could take the position, however, that it wants a single license agreement covering all University utilities -water, electric, steam, telephone - and cabletelevision. We would likewise suggest that this matter 9 scheduled or ssion urino an upcoming informal session. errence L. linmins, City Attorney bj2/1 a A 44VV The University of Iowa lows Gp lowe 5724: Bus-nFss Olbcc .a' - February 4, 1988 Terrence L. Timmins City Attorney 410 East Washington St. Iowa City, Iowa 52240 Re: License Agreement for Duct Bank. Construction 15 KV Electrical Substation L - Phase I Project Dear Mr. Timmins: Enclosed please find a copy of a proposed agreement between the City and the University which would extend a license to the University to install two duct banks and cabling below city streets pursuant to the above -referenced project. Although the University is aware of the City's desire to execute a more general license agreement, the University requests that consideration be given to this proposed agreement independently. The project is scheduled to begin on February 15, 1988 and contractor is staffed and ready to proceed. The University is requesting prompt consideration and action on this matter; however, if you recall, the plans for the project were brought to the attention of the City about six months ago by University engineers for the purposes of review. At that time, the City representatives indicated that there were no problems with the project and that the contractor would, as is customary, need to obtain a construction permit. The City representatives made no mention of a desire for a license. To my knowledge, this is the first time the City has required a license of this type. The University believes that the enclosed agreement reflects the interests of both parties and addresses the immediate concerns of the current project. The University appreciates your cooperation in this matter. If you have any questions, please do not hesitate to contact me at 335-0125. Sincerely, D1'chael J. Finnegan Business Manager w Enclosure VQV r RECEIA/Er. FEB 0 51988 LEGAL DEP A.9TMEN" LICENSE AGREEMENT lic Of Iowa This City eOfeJohnson eCount nt is made bt and between the City University of Iowa for the use andeb"City)ofUniversity } Of Iowa (the "University"), enefi WITNESSETH WHEREAS, the University has determined that electrical loads the east presentt side of the campus will soon exceed the capacity of the University's existing electrical distribution system; WHEREAS, to accommodate the anticipated increase in electrical load, the University wishes to establish a new electrical substation on South Capitol Street; WHEREAS, electrical access to the substation by the University will necessitate the installation of electrical ductbanks and cabling which will be within the public grounds of the City; NOW THEREFORE, for good and valuable consideration, the City hereby grants to the University a license to use certain public grounds of the City for the installation of electrical ductbanks and cabling subject to the terms and conditions: following 1. Land: The land which is the subject of this license agreement is described as follows: Beginning at the most southerly point of Madison Street where Madison Street meets the Chicago -Pacific Corporation Railroad in Iowa City, and where manholes E87 and EBB are to be constructed, running North along the curbsides bordering Madison Street for approximately 1600 feet to manholes E97 and E98 (to be constructed), West along then 500feettroadway the to and rE102r(to bep1O}•imately constructed), then North along the roadway of Front Street approximately 300 feet to existing manholes E103 and E104, as more specifically described or, drawing number 8136-23, entitled Electrical Distribution Site Plan, which drawing was prepared by Stanley Consultants for the University as a part of the Main Power Plant 15 Y,V Electrical Substation L -phase 1 Plans and which drawing and Plans have made a part here been designated "Exhibit A", attached hereto and of. AV,V V 2 The City hereby warrants that it is lawfully seized and Possessed of the land described herein and that it has a good and lawful right to convey it or any part thereof. remises ll ed by the for the purposeslofpexcavating aforbandsconstructiUniversity installation, repair, replacement, maintenance, improvement and use of two electrical duct banks and 15 XV cabling for the purpose of distributing electricity from the new substation to the existing electrical distribution system.., together with the right of ingress and egress thereto, subject to the rights of all parties under any and all other easements of record existing on the date hereof. 3. Access: The University's entrance upon the City's premises for the purposes as stated herein shall be over that during the original cons reasonable routes of access and at reasonable times, except over the truction only, encroachment immediately adjoining areas by the University is permitted if necessary. Access to the premises by the University will be coordinated with the City. Any parts of said premises damaged in the course of gaining access to or egress from said premises shall be promptly replaced or restored by the University at the sole cost and expense of the University. 4. Excavations: All ditches, trenches and other excavations undertaken by the University shall be firmly filled and maintained so as to present no hazard or obstacle to the City's use of the premises for other purposes. 5. Richtsrved: The City reserves to itself the right to the full use of said premises for any purpose the City deems fit which does not interfere with the University's rights granted herein. 6. Duration: This license is granted and all rights hereunder shall endure for so long as they are required by the University and used for the purposes of electrical distribution. Whenever said purpose shall cease, all riehts granted herein shall terminate and revert to the City. 7. Liability: The University shall be responsible for all losses, damages, costs and expenses for injuries to persons or property resulting from the exercise of the license granted herein to the extent permitted by Chapter 25A of the Code of Iowa. 8. Utilities Crossings: All crossings of existing City utilities shall be according to specifications and details 3 coordinated with the City and officials of the U charge of such installations, and the City niversity in shall have the right to construct any such facilities across or through the easement tract in such manner as not to interfere with University's facilities installed hereunder. IN WITNESS THEREOF, the parties have caused this instrument to be duly executed by their duly designated Officials on this _ day of --�, 1988. State University of Iowa City of Iowa City Michael J. Finnegan Business Manager 0 V w 4 Acknowledgement of the State University of Iowa STATE OF IOWA )ss: County of Johnson On this day of , A.D., 19 before me the undersigned, a Notary Public in and for said University, personally appeared Michael J. Finnegan, Business Dfanager of the State University of Iowa, known to me to be the person and who executed the foregoing instrument to which this is attached and who acknowledged the execution of said instrument to be a voluntary act and deed. Notary Public in and for said State Acknowledgement of the City of Iowa City STATE OF IOWA )ss: County of Johnson On this day of , A.D., 19 , before me the undersigned, a Notary Public in and for said City, personally appeared , known to me to be the person who executed the foregoing instrument to which this is attached and who acknowledged the execution of said instrument to be a voluntary act and deed. Notary Public in and for Said State V W SIGNAL SYSTEM FEASIBILITY STUDY Ki I1 1:7 f1 ra U.S. HIGHWAY 6 I' IOWA CITY, IOWA �A �1 Iv f� I� is l0 Fi Ip II I�j�IIin I JOHNSON, ORICREtes MUICANY y v I�\WY/AIIYI and ARI Chb�, Inc C.nmitln, E.1m..0 JANUARY, 1988 M 4;44S V' SIGNAL SYSTEM FEASIBILITY STUDY w U.S. HIGHWAY 6 IOWA CITY, IOWA li 1 li fl it �y f7 Prepared for Is the City of la Iowa City, Iowa Ia Fa re Prepared by Johnson, Brickell, Mulcahy and Associates, Inc. Consulting Engineers January, 1988 P V - JOHNSON, BRICKELL, MULCAHY. AND ASSOCIATES. INC January29, 1988 Mr. James N. Brachtel, P.E. Traffic Engineer Traffic Engineering Division 410 East Washington W Iowa City, Iowa 52240 " Dear Mr. Brachtel: ulcahy In accordance with the City's requestJohnson"have aMsignal and Associates, Inc., Consulting completed the section of U.S. Highway 6 between system feasibility study for Fairmeadows Street. r Riverside Drive and STUDY PURPOSE This study program is the first phase of a three phase traffic of developing " signal improvement project with the overall purpose improvementsthat traffic control signal system improve along the U.S. study traffic flow and operations section. ,., The purpose of this study (Phase I - Signal System Feasibility traffic flow and operations along Study) is to determine if the be significantly improved it stal ation of Eby the study section can ts traffic signal controls along coordinated of the study indicate that such is the case, then Phases II and development of III would be completed which will include the the development of traffic signal improvement specifications, the implementation of the optimized signal timing plans, and timing plan parameters. STUDY AREA This study includes the eight signalized intersections on U.S. Fairmeadows Street. These Highway 6 between Riverside Drive and intersections are listed below: Riverside Drive; Gilbert Street; Boyrum Street; ^' Keokuk Street; Broadway Street; Sycamore Street; First Avenue; and Fairmeadows Street. is 1'J � III 11VAII All eight intersections have actuated signal controls and provide left turn vehicular control on Highway 6 through the use of separate turn lanes and left turn phasing. Intersection spacing varies from 1015 -feet between Boyrum and Keokuk to 2323 -feet between Broadway and Sycamore. The total - section length is 10,799 -feet which is slightly over two miles. Lane two through elanes in each wdirectionay 6 ,�dand efrequenteseparateparate lft turnlright turn lanes. Lane arrangements on the side streets vary significantly from one lane approaches such as at Keokuk to the multilane approaches on Riverside which are similar to the typical Highway 6 cross section. Speed zones increase from the west to the east with a 30 mph zone , at Riverside; a 35 mph zone at GilbertBoyrum, and Keokuk; a 40 Fairmeadows. mph zone at Broadway, Sycamore, and First; and a 45 mph zone at ' STUDY APPROACH In general the approach used in completing this study was to simulate traffic flow and operations under two conditions: the before condition which includes traffic operations as they presently exist along the study section and the after condition which includes anticipated traffic operations which would occur with optimized signal timings for signal progression along the study section. The comparison of traffic operations under these two conditions would determine the approximate amount of improvement that could be expected. �r The simulation of traffic flow and operations was accomplished through the use of the AAP (Arterial Analysis Program) computerized traffic signal timing optimization package which utilizes three computer ic operations. These three programs a are ms tSOAP84elPASSERfII-84igand TRANSYT-7F. Since this study dealt with the analysis of an arterial street segment, only the latter two programs were used. The following steps were accomplished by the Consultant in order to obtain the necessary data to make the before and after comparison. 1. The TRANSYT-7F computer model was used to simulate existing traffic operations during the A.M. peak hour, the off peak hour, and the P.M. peak hour. A common background cycle length was assumed for all eight intersections during each of the three study periods in order to utilize the computer model. The individual maximum phase timings for each intersection were proportionately increased or decreased as necessary in order to obtain the common background cycle length. opr Ira A random number generator was used to simulate the signal timing offset relationships between each intersection under existing conditions. Two sets of offset values were determined for each intersection during each of the three study periods. An average of the final results from the two _ sets of offsets was used to portray existing conditions. 2. The PASSER II-84 computer model was used to optimize the existing traffic operations during the A.M. peak hour, the -' off peak hour, and the P.M. peak hour. In order to accomplish this a cycle search was completed to determine the best background cycle length for each of the study periods. A range of cycle lengths between 80 seconds and 120 seconds was evaluated with the following results: A.M. peak - 95 seconds; off peak - 85 seconds; and P.M. peak - 100 seconds. 3. The TRANSYT-7F computer model was used to simulate the optimized traffic operations during each of the three study periods. The timings and offsets utilized in this simulation were those obtained from the PASSER II-84 runs in step number 2 above. 4. The output parameters from the TRANSYT-7F computer runs in steps 1 and 3 were compared to determine the extent of improved traffic flow and operations. The parameters that were compared are typically referred to as MOE's (measures of effectiveness) and include the following measures: volume/capacity ratio, total delay, average delay, stops, and fuel consumption. The existing conditions were referred to as before conditions and the optimized conditions as after conditions. The two TRANSYT-7F computer results for each time period as described in step number 1, the computer printouts of the random numbers used in step number 1, and the TRANSYT-7F computer results described in step number 3 are included in an appendix that is separate from this report. It should be noted that even though Boyrum is currently a "T" Intersection the Consultant, as directed, assumed a typical four- legged intersection for both the existing and optimized conditions. DATA COLLECTION The City provided the Consultant with all the field data required to complete this study. The data collected by the City forces includes six hours (7:30-9:30 A.M., 11:30-1:30 P.M., and 4:00-6:00 P.M.) of manual turning movement counts which were obtained in November, 1987 each intersection; a record of the existing controller timing data for each intersection; and a condition diagram of each intersection that showed the number of lanes, geometries, and general signal layout. a*pr ANALYSIS AND EVALUATION - Tables I, II, and III were prepared to summarize the MOE's that were calculated by the TRANSYT-7F computer model as it simulated the existing or before conditions and the optimized or after conditions during the three study periods. As can be seen, from an overall systemwide evaluation all MOE's showed significant improvements. The most noticeable improvements are as follows: delay measures improved by 48% during the P.M. peak; stops improved by 19% during the off peak; and fuel consumption improved by 22% during the P.M. peak. Some of the more significant intersection improvements are as follows: the V/C ratios at Riverside and at First improved by 50% and 23% respectively during the P.M. peak; the delay measures at Riverside (P.M, peak) and at Broadway (off peak) improved by 69% and 63% respectively; stops at Sycamore (off peak) and at Broadway (A.M. peak) improved by 40% and 39% respectively; and fuel consumption at Riverside (P.M. peak) and at Boyrum (off peak) improved by 44% and 30% respectively. Of those few parameters that showed a worse condition rather than an improved condition, the more significant ones are as follows: the V/C ratio at Sycamore will worsen by 10% during the P.M. peak; delay measures at First Avenue will worsen by 21% during the off peak; stops at First will worsen by 12% during the P.M. peak; and fuel consumption at First increased by 5% during the A.M. peak. The City is concerned with the impact of the traffic control signal system improvements not only on the overall systemwide flow and operations, but also on each specific intersection approach. The numerous traffic optimization studies completed by this Consultant and others working in this field have shown that it is impractical if not impossible to improve traffic operations for all vehicular movements at an intersection unless the existing cycle length was either extremely short or extremely long. In the majority of improvement projects of this nature the traffic operations on the major street approaches (such as Highway 6) will generally improve while the minor street approaches (the eight side streets) will generally worsen. A review of the MOE's for the through and left turning vehicles at each intersection indicated that this was generally the situation in this study with a larger percent of the side street approaches showing a decline in their LOS than the U.S. Highway 6 approaches. y In order to evaluate the changes in traffic flow and operations at each intersection approach, the Consultant completed a detailed level -of -service (LOS) analysis of each turning movement, during each time period, under both before and after conditions. The -. concept of LOS is defined in the Highway Capacity Manual Special Report 209 as a qualitative measure describing operational Intersection Riverside Gilbert Boyrum Keokuk Broadway Sycamore First Fairmeadows Systemwide Volume/ Capacity B A 5 62 59 3 80 74 6 61 47 14 57 60 (3) 37 30 7 50 44 6 61 44 17 51 38 13 N/A N/A N/A f"M MW mum BOVA X= Ug= Um WA= mom Om" r� TABLE I A.M. Peak Hour Before and After Comparison Iowa, City Total Delay Veh.- Hr.) B A _B 17.5 15.7 10 17.3 15.1 13 6.5 6.2 5 13.6 6.6 51 4.1 2.3 44 7.6 5.8 24 5.7 5.4 5 4.8 3.5 21 77.1 60.6 22 Average Delay (See./Veh.) B A 32.9 29.4 11 25.7 2.2.4 13 14.9 14.0 6 29.2 14.0 52 10.5 6.1 42 17.9 13.6 24 17.7 16.8 5 20.0 14.11 28 22.2 17.4 22 Uniform Stops B A % 80 74 6 67 48 19 52 58 (6) 67 42 25 53 16 37 58 4o 18 53 62 (9) 56 45 11 62 49 13 Notes: "B" indicates the Before or existing condition. "A" indicates the After or optimized condition. indicates the change in percent between the Before and After conditions. Parentheses around a condition indicate a worsened condition. No parentheses indicate an improved condition. The Before values are the average of two computer runs. Fuel Consumed (Gal.) B A -I- 39.2 39.2 37.3 5 46.5 41.3 11 22.0 22.4 (2) 29.6 21.1 29 26.3 19.9 24 24.7 20.6 17 17.0 17.8 (5) 13.0 11.0 15 218.3 191.4 12 nsad WWW M tri L9 "' 23:4Ki& 'W'^WNfi➢H"6LLBA 0=M an" 151Cm OWN 6v.W iWy rrl Intersection Riverside Gilbert Boyrum Keokuk Broadway Sycamore First Fairmeadows Systemwide Volume/ Capacity B A 5 62 54 8 72 72 0 58 55 3 63 63 0 50 41 9 46 54 (8) 65 56 9 44 4o 4 N/A N/A N/A TABLE II Off Peak Hour Before and After Comparison Iowa, City Total Delay (Veh.- Hr.) B A _.L 15.6 13.3 15 19.9 20.0 ( 1 ) 14.5 7.5 48 13.2 6.9 48 10.6 3.2 70 9.5 5.5 42 6.2 7.5 (21) 3.3 2.2 33 92.8 66.1 29 Uniform Stops B Average 5 82 Delay 9 (Se c./Veh.) B A 3 30.2 25.7 15 27.3 27.3 0 26.7 13.8 48 24.7 12.9 48 25.4 7.6 70 21.4 12.4 42 19.0 23.0 (21) 15.1 10.3 32 24.9 17.7 29 Uniform Stops B A 5 82 73 9 76 80 (4) 76 50 16 77 42 35 75 28 47 83 46 37 75 69 6 54 38 16 76 56 20 Notes: "B" indicates the Before or existing condition. "A" Indicates the After or optimized condition. indicates the change in percent between the Before and After conditions. Parentheses around a condition indicate a worsened condition. No parentheses indicate an improved condition. The Before values are the average of two computer runs. Fuel Consumed (Gal.) B A 3 37.2 34.6 7 48.0 49.1 (2) 33.2 24.3 27 32.0 22.3 30 34.3 21.8 36 34.0 25.1 26 18.9 19.2 (2) 11.6 9.4 19 249.2 205.8 17 Intersection Riverside Gilbert Boyrum Keokuk Broadway Sycamore First Fairmeadows Systemwide ... �: '.::.a .::.earl ^Li ••!.. f .:Y.i [R....,n ::. :.... Volume/ Capacity 132 82 50 100 85 15 74 67 7 85 73 12 62 52 10 59 69 (10) 96 73 23 50 47 3 N/A N/A N/A TABLE III P.M. Peak Hour Before and After Comparison Iowa, City Average Delay Sec./Veh. B A -, 117.0 35.9 69 51.3 33.3 35 27.7 18.8 32 24.3 17.9 26 13.6 13.6 0 23.8 14.8 38 33.8 23.4 31 15.8 12.7 20 43.3 23.1 47 Uniform Stops B A _, 85 Total 7 88 Delay 5 (Veh.- Hr.) B A _�L 90.6 27.8 69 51.1 33.2 35 19.3 13.1 32 16.8 12.3 27 7.4 7.4 0 14.8 9.2 38 15.8 11.0 30 4.6 3.7 20 220.4 117.7 47 Average Delay Sec./Veh. B A -, 117.0 35.9 69 51.3 33.3 35 27.7 18.8 32 24.3 17.9 26 13.6 13.6 0 23.8 14.8 38 33.8 23.4 31 15.8 12.7 20 43.3 23.1 47 Uniform Stops B A _, 85 78 7 88 83 5 65 59 6 64 44 20 39 29 10 59 48 11 63 75 (12) 46 44 2 68 60 8 Notes: "B" indicates the Before or existing condition. "A" indicates the After or optimized condition. indicates I'�11 Parenthesesharoundge in a conditiontbetween indicate ahe Before and After conditions. worsened condition. No parentheses indicate an improved condition. The Before values are the average of two computer runs. i� o Fuel Consumed (Gal.) B A -�L 106.2 59.0 44 88.0 73.6 16 41.0 35.4 14 37.9 31.1 18 32.2 30.0 7 44.7 37.9 15 29.8 28.5 4 14.8 14.0 _5 394.6 309.5 22 conditions within a traffic stream and their perception by motorists and/or passengers. A LOS definition generally describes these operational conditions in terms of such factors as speed and travel time, freedom to maneuver, comfort and convenience, and safety. For signalized intersections LOS is defined in terms of delay. - The appendix to this report includes a description and definition of each of the six levels -of -service (A through F) that are used in evaluating the operational conditions of signalized intersections. It should be noted that by definition the limit of acceptable delay is considered to occur in LOS E and that the delay mostdrivers . The design LOS 1 currently rused ed oby many be aengineers ccetable is D. These engineers acknowledge the fact that typically it is not economically feasible to design a roadway system that will serve traffic volumes at the design level 100% of the time. Special traffic conditions, sudden surges in traffic flow, and normal traffic growth all contribute to produce LOS conditions that exceed design values and which result in the operation of a specific approach or an entire intersection at or beyond the limit of acceptable delay. The following definitions are the Consultant's attempt to describe traffic operations associated with levels -of -service D, E, and F in more general and easy to understand concepts. LOS D - A motorist may have to wait through a long red signal, but he/she should be able to make it through the intersection once the green signal is received. LOS E - Even though a motorist arrives at an intersection while the signal is red, he/she will probably not make it through the intersection on the following green signal, but will have to wait through another red signal before making it through the intersection. LOS F - Even though a motorist arrives at an intersection while the signal is red, he/she will not make it through the intersection on the following green signal, but will Probably have to wait through two or more red signals before making it through the intersection. The results of the detailed LOS analysis have been summarized in Figures 1, 2, and 3. These figures contain three specific items of information for each of the three study periods: the existing traffic volumes on each intersection approach; the existing LOS on each intersection approach; and the optimized LOS on each intersection approach. 11 i e �m N ^ Im ' 779 ' 781 1 822 a 768 I U �U a i r� 507 Ji i r 584 401�l' o N 488' :I m' U i Ifl cDc+ flr A� U.S.6 U U ! u u u I U N m 4378 '401 2330 U.S. B W Q F- u U U r A r A iA i 7 Y 0 w Y A.M. PEAK HOUR U.S. 6 SIGNAL FEASIBILITY STUDY F N W 0 a Q U N IOWA CITY, IOWA FIGURE 1 u a /c rA 488' :I m' U i Ifl cDc+ flr A� U.S.6 U U ! u u u I U N m 4378 '401 2330 U.S. B W Q F- u U U r A r A iA i 7 Y 0 w Y A.M. PEAK HOUR U.S. 6 SIGNAL FEASIBILITY STUDY F N W 0 a Q U N IOWA CITY, IOWA FIGURE 1 EXISTING TRAFFIC VOLUMES _i n w II, r U.S. 6 913 889 878 ! ml N N LEVEL OF SERVICE U.S. 6 EXISTING SIGNAL CONDITIONS C i O i r° 9+ ! ! UI U �v L i rc c► 4822 r 768 507 $I 0 i rB LEVEL OF SERVICE OPTIMIZED SIGNAL CONDITIONS U.S. 6 C O p ¢ f O N N W a MDIIT JOHNSON, BRICKEL MULCAHY d Associates, Inc.illWWWAII Comumns EnElnoon W m J u B U U OA rA A E U p N N Y A.M. PEAK HOUR U.S. 6 SIGNAL FEASIBILITY STUDY IOWA CITY, IOWA 6 ¢ Y O W m Y 0 Q O ¢ m A.M. PEAK HOUR U.S. 6 SIGNAL FEASIBILITY STUDY IOWA CITY, IOWA U U 0 `` i i i ♦C 4 4 r0 V n ' r 510 4255 517 r 3090 C r 8 r A r u a MB U.S. 6 ¢ O m 7 Y O w Y OFF PEAK HOUR U.S. 6 SIGNAL FEASIBILITY STUDY IOWA CITY, IOWA u F N W ¢ O f a U N FIGURE 2 -7 I EXISTING TRAFFIC VOLUMES U.S. 8 509 LEVEL OF SERVICE U.S. 8 EXISTING SIGNAL CONDITIONS c LEVEL OF SERVICE OPTIMIZED SIGNAL CONDITIONS NOgT U.S. 6 C iry nh/,II JOHNSON, BRICKS MULCAHY Ytl and Associates. Inc. II�Uy� Consulting Englnuro a 856 750, 0 F7n U i aD c ! V 4' N a722 0 i aC c ! V L U i a ac c� ! U U U 0 0 i i i i ac D ! 0 a O N m I a 642 681 aC a8 AI D m to to J u m Y O to Y O w Y OFF PEAK HOUR U.S. 6 SIGNAL FEASIBILITY STUDY IOWA CITY, IOWA 1137 D+ m a 4W 401 987 1 884 111 B 7 N m i n i i L 777 0000 C N n � e ;m «834 9940 «727 771 4 m m i i f 329 «129 4550 U.S.6 B ! p MD U.S. 6 49 u Y W Y P.M. PEAK HOUR U.S. 6 SIGNAL FEASIBILITY STUDY 1n W 19O i a U N IOWA CITY, IOWA FIGURE 3 O B « B 49 u Y W Y P.M. PEAK HOUR U.S. 6 SIGNAL FEASIBILITY STUDY 1n W 19O i a U N IOWA CITY, IOWA FIGURE 3 I EXISTING TRAFFIC VOLUMES U.S. 6 LEVEL OF SERVICE U.S. 6 EXISTING SIGNAL CONDITIONS LEVEL OF SERVICE OPTIMIZED SIGNAL CONDITIONS I i I Im A m ry n D I I n i n n Ji 41977 , 997 `984 709 11370 r 11180 988 0 m i rl V i i F C 0 0 i MD CO U «777 900 ♦ a N n� i i 0 o 0 0 i i D « C « D « B U.S. 8 Dj c+ e0 B+ B0 0 0 o v CE 0 N N y 1 W F g Y `904 9941 n N Y O w B n Q 0 01 D 3 le W Y 2 B ♦ D] u N Y O w ` B n Q 0 01 D 3 le W Y 2 B D] DI N Y O w Q W D7 1, n Q 0 01 D 3 le W Y 2 D] ���M\ /,II JOHNSON, osoclates MULCAHY IWI�'NW/AI and Auool�t�E, Inc. Consulting EnElnan P.M. PEAK HOUR U.S. 6 SIGNAL FEASIBILITY STUDY IOWA CITY, IOWA The information in the three figures reveals that for the 48 U.S. Highway 6 levels -of -service (16 during each of three study periods): 54% will improve; 36% will remain the same; and 10% will worsen. The information also revealed that for the 42 side street levels -of -service (14 during each of the three study periods): 10% will improve; 62% will remain the same; and 28% will worsen. Of specific concern was the intersection of Boyrum with the proposed addition of a north approach. The analysis indicated that the traffic volumes anticipated to be generated at the intersection will produce B and C levels -of -service on Highway 6 and C and D levels -of -service on Boyrum. In summary it should be noted that under optimized conditions the lowest LOS anticipated for any intersection approach during the three peak hour periods studies is a D. This condition is very satisfactory and highly acceptable for peak hour periods of operation. ADDITIONAL FINDINGS Analyses of the left turning traffic volumes and the PASSER I1-84 MOE's indicated that long queues of turning vehicles currently exist and will continue to exist at the intersections of Riverside Drive and Highway 6 and Gilbert Street with Highway 6 during the peak travel periods. The magnitude of these turning movements are such that traffic control signal system improvements will not completely address the long queues and delays that are typically associated with heavy turning movements. The Consultant would suggest that the City consider capital improvement measures in the near future to facilitate the left turning volumes for eastbound and westbound Highway 6 at Riverside, southbound Riverside, eastbound Highway 6 at Gilbert, and northbound and southbound Gilbert. These measures could take the form of longer storage lanes and double left turn lanes. Coordination of the traffic signals at the eight study intersections to improve vehicular progression along U.S. Highway 6 will have the tendency to control vehicular speeds. The optimum travel speed will be based on the posted speed limit and any vehicles traveling at speeds that exceed the optimum travel speed by as much as five miles an hour will significantly increase their probability of stopping for a red signal. It has been the Consultant's observation that in situations where vehicular speeds have been better controlled and regulated the safety of pedestrians and motorists alike has not been compromised. 12 USER BENEFITS The effects of improvements in such operational performance parameters as delay, stops, and speed can be expressed in terms of dollar savings for the user through reduced fuel consumption, vehicle wear, and travel time. The Consultant has calculated the projected annual user benefits for the study segment on U.S. Highway 6 utilizing cost values that are approved and recommended by Administration. The user benefits, the Federal Highway cost values, and savings are listed below. Travel Time Reduction Reduction of Stops 2,206,225 veh-hr/yr @ $ .50 = $ 28,500 Reduced Fuel Consumption 60 950 veh-hr/yr @ $ .011= 30,900 Total Annual Savings veh-gal/yr @ $1.10 = 67 050 12 , 50 SUMMARY The Consultant has discussed and summarized the results of a y stud on signalizedtem interseciti ns between andUincludingway 6 for the Riverside Driveand Fairmeadows Street. The results of this feasibility Implementation of traffic control signal dsystemiimprovements cate that tto include coordinated and optimized signal timings along the study route will significantly improve systemwide traffic flow and d operations. Since it is impossible to assure all motorists a continuous green signal within the system, vehicles will still have to stoas p of their estotpsvel andaslow diownsywill beThe affected frequency byand number of parameters: vehicle speeds, driving surface conditions, emergency vehicle operations, stalled vehicles, maintenance work crews, trains, and perhaps the most important parameter - when and where they enter the traffic stream along the highway. indicatedThe results also hes Intersections along Highway 6 would operate ratcacceptf t the of-service (A through D) and that no a at a LOS below D. PProaches would be operating ations so been improvements atvthelRiversideeDriverand Gilberlt St�etet Intersections with Highway U. S. 6 to improve left turning traffic operations. The volumes of turning traffic at these two intersections is significant and as a result long queues and congestion are resulting. Additional storage length and possible double left turn lanes would greatly enhance overall traffic Operations. 13 S OT Estimated annual user benefits through reduced travel time, vehicle wear, and fuel consumption was estimated to be $126,450 thus again proving that signal system improvements can be a very cost effective way of achieving benefits to the users of a traffic signal system. The Consultant would point out that the work to be completed in Phase III of this overall study program will develop actual timing plans in a more detailed manner than the approach used in this study (Phase I). As a result, the final timing plans may well provide better overall traffic flow and operations than what was estimated in this study. We have appreciated this opportunity to work with you and the City of Iowa City on this project and wish to express our gratitude for the excellent field data provided by your staff. We anxiously await your notice to proceed that we might initiate work on other is phases of the signal improvement program. Do not hesitate to contact our office should any questions or concerns arise from his study report. a Respectfully submitted, IS JOHNSON, BRICKELL, MULCAHY, (U AND ASSOCIATES, INC. i Ia ��� In Gerri6 ckell, P.E. I; GLB:rro I.; u E7 I] , � 4N 14 A144r, APPENDIX LEVEL -OF -SERVICE DESCRIPTIONS Level -of -service A describes operations with very low delay, i.e., less than 5.0 sec per vehicle. This occurs when progression is extremely favorable, and most vehicles arrive during the green phase. Most vehicles do not stop at all. Short cycle lengths may also contribute to low delay. Level -of -service B describes operations with delay in the range of 5.1 to 15.0 sec per vehicle. This generally occurs with good progression and/or short cycle lengths. More vehicles stop than for LOS A, causing higher levels of average delay. Level -of -service C describes operations with delay in the range of 15.1 to 25.0 sec per vehicle. These higher delays may result from fair progression and/or longer cycle lengths. Individual cycle failures may begin to appear in this level. The number of vehicles stopping is significant at this level, although many still pass through the intersection without stopping. Level -of -service D describes operations with delay in the range of 25.1 to 40.0 sec per vehicle. At level D, the influence of congestion becomes more noticeable. Longer delays may result " from some combination of unfavorable progression, long cycle �c lengths, or high v/c ratios. Many vehicles stop, and the proportion of vehicles not stopping declines. Individual cycle n failures are noticeable. Level -of -service E describes operations with delay in the range of 40.1 to 60.0 sec per vehicle. This is considered to be the limit of acceptable delay. These high delay values generally indicate poor progression, long cycle lengths, and high v/c ratios. Individual cycle failures are frequent occurences. Level -of -service F describes operations with delay in excess of 60.0 sec per vehicle. This is considered to be unacceptable to most drivers. This condition often occurs with oversaturation, i.e., when arrival flow rates exceed the capacity of the intersection. It may also occur at high v/c ratios below 1.00 with many individual cycle failures. Poor progression and long cycle lengths may also be major contributing causes to such delay levels. Note: The delay paramters noted above are stopped delay. The delay calculated by the AAP computer models is approach delay. A factor of 1.3 should be applied to stopped delay when comparing to approach delay. Example: 5 seconds of stopped delay equals 6.5 seconds of approach delay. A-1