HomeMy WebLinkAbout1985-04-09 Info Packetr
CITY OF, IOWA CITY
CIVIC CEN(ER 410 E. WASHGNGTON ST. IOWA CITY. IOWA 52240 • (319) 356-5000
March 29, 1985
The Federal Communications Commission
Mass Media Bureau
William J. Tricarico
1919 M Street N.W.
Washington, D.C. 20554
Dear Sir:
The City of Iowa City wishes to express its opposition to the proposed
FCC rules in MM Docket /85-38 concerning cable technical standards.
The City of Iowa City does have written into its cable television
ordinance minimum technical standards for the cable system which are
principally derived from the current FCC technical standards. We believe
these standards are a necessary part of our franchise and play an
important check and balance role in our ability to ensure that the
citizens of Iowa City receive a minimum quality signal. Furthermore, the
reporting mechanisms on these technical standards required from the
cable operator by our cable ordinance are important from both a documen-
tation and monitoring aspect.
It is important that minimum technical standards for cable systems,
enforceable through local ordinances and supported by the FCC, remain
intact. These standards were relied upon by many franchising authori-
ties at the time franchises were granted. To abandon them now is to
remove a vital element of protection under federal law and would
represent a disservice to citizen/subscribers throughout the nation.
Thank you for your consideration. If you wish any further information
please contact Mr. Drew Shaffer, Broadband Telecommunications Specialist
for City of Iowa City at 319-356-5046.
Si cerely,
ohn McDonald
ayor
cc: City Council
Broadband Telecommunications Commission
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CITY OF , IOWA CITY
CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5C00
April 3, 1985 This letter was sent to all 21
members of the House Labor
and Industrial Relations Committee.
Council received a copy of
The Honorable Wayne Bennett the attachment in the March 29
Representative and Member info packet.
House Labor and Industrial Relations Committee
State House
Des Moines, Iowa 50319
Dear Mr. Bennett:
Enclosed is a copy of a letter which I recently sent to Iowa City's
representatives in the Iowa legislature which details many of the concerns
Iowa City has regarding S.F. 364, the collective bargaining bill, and the
reasons why we are adamantly opposed to its passage.
This bill was passed by the Senate on March 6, 1985, and soon it will be
debated in the House of Representatives. As you review the letter,
consider the position of local government as a public employer in the
event that this bill becomes law. The delicate balance of the rights of
the public employer on the one hand and the public employee on the other
must be maintained. The Iowa legislature recognized the necessity of
creating this balance in 1975 when the original collective bargaining
legislation was passed. Continued preservation of the employers' rights
and limited scope of bargaining, while ensuring employees the right to
bargain and to have an impasse procedure which resolves disputes through
binding arbitration, will ensure fairness and equity in the collective
bargaining process. S.F. 364 grossly shifts this balance in favor of the
public employee.
I strongly urge you to scrutinize this bill very closely and to consider
carefully its negative impact on productive collective bargaining in the
public sector.
Sincerely yours,
John McDonald
Mayor
cc: City Council
Ent.
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City of Iowa City
MEMORANDUM
Date: April 1, 1985
To: City Council',
ouncil /
From: City Manager/��' '
Re: Savings in Dollars
From time to time, particularly during budget sessions, we discuss the fact
that the number of City employees per capita for most of the City departments
is below the average for most cities of comparable size.
Enclosed is an advertisement which recently appeared in national publications
for a Chief Librarian for the Village of Skokie, Illinois. This information
exemplifies Iowa City's status in number of personnel and expenditures per
capita. Below the advertisement I have listed the comparative figures. You
will note that while the population and circulation are almost identical, the
budget and staff for Skokie are at least double the Iowa City figures. Also
because the average volume circulates more frequently, the wear and tear on
the collection is much greater. The leadership of the staff together with
the commitment of all employees makes it possible for the City to provide
such a high level of service at minimal cost.
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per volume
(yearly)
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SKOKIE
IOWA CITY
S t a f f
78 FTE
27 FTE + 9 FTE in temps
V o 1 ume s
345,000
155,000
operating Budget
$2,570,000
$1,098,000
Population
60,000
50,500 (+ 15,000 Co.)
Circulation
626,000
600,000
Average
circulation
1.8
3.9
per volume
(yearly)
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City of Iowa City
MEMORANDUM
Date: April 3, 1985
To: City Council
From: Patt Cain, Associate Planner Q�
Re: Redevelopment Proposal for Urban Renewal Parcel 65-2b
On March 4, the City received one bid for redevelopment of Parcel 65-2b. This
proposal, from Small -Mears Building Company, meets the bid requirements as
set out in the Prospectus and offers the minimum bid price of $10,500 for the
parcel. The purpose of discussion at the informal session of April 8 is to
give Council the opportunity to comment on the proposal so any concerns can
be addressed prior to the April 23 public hearing on sale and conveyance.
Staff have evaluated the proposal according to the criteria contained in the
Plan, Developerr's Experience land Qualifications,hand ImplementationeAbility.
1. Development Plan
The proposal is consistent with the objectives of the Urban Renewal Plan,
particularly to strengthen the economic well-being of the central area,
provide rehabilitation and encourage high design standards. The plan for
Parcel 65-2b involves installation of an elevator and stairs to serve all
three flrs of the renovation of the third existing
to Paul-Helen
space Building
for commercial
development.
Staff members comnented on the attractive facade proposed for the west
face of the Paul -Helen Building. Also the Design Review Committee was
enthusiastic about the design (note their recommendation to Council in
the agenda for the April 9 meeting).
The construction schedule proposed is for conveyance of the land by July
1, 1985, commencement of construction by August 1, 1985 and completion of
construction by March 1, 1986. This schedule is in accordance with the
Prospectus and dates may be moved ahead if agreement can be reached with
the City and financial arrangements are completed by the Developer.
The price offered ($10,500) and terms (cash) are as stated in the
Prospectus. Other conditions are as set out in the regular Urban Renewal
Contract forms. The potential tax return to the City would be approxi-
mately one-third greater than the present assessment for the Paul -Helen
Building,due to the use of the third floor of the existing building and
the addition of the 697 square foot parcel.
GGS
2. Developer's Experience and Qualifications
Although the two partners of the Small -Mears Building Company have no
prior experience in developing real estate, they are well established and
of good reputation in the local community. They also have hired a
well-known local architect, Mr. William Nowysz, who does have redevelop-
ment experience and has been involved in a number of successful rehabili-
tation projects in this area. The City has also received HUD clearance
of the redeveloper, as required before a redevelopment contract can be
executed.
3. implementation Ability
The success of the Company in obtaining financing for its entire renova-
tion project will dictate the result of development on this Parcel. In
the event that the Redeveloper defaults in or violates its obligations
with respect to the construction of improvements (including the nature
and dates for the beginning and completion thereof), the Contract for
Sale of Land for Private Redevelopment gives the City the right to
re-enter and take possession of the property. In this event, the City
could remarket the parcel or include it in the minipark redesign.
An important issue related to the development of Parcel 65-2b is the redesign
of the former Blackhawk Minipark, now a part of City Plaza. The redeve-
loper's architect has submitted with their development plans a suggested park
design showing how the park could function in relation to the building
entrance. This is only one idea, but does incorporate many of the features
originally included in the redesign plans proposed last spring. If the
preliminary design plans for Parcel 65-2b are approved, redesign proposals
for the park can be developed, with construction anticipated after completion
of construction on Parcel 65-2b. Thus, reconstruction of the park would be
scheduled for Spring of 1986.
Mr. Mears and his architect should be present at the April 8 meeting to
answer any questions. The Urban Renewal Attorney, Mr. John Hayek, also plans
to attend.
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DESCRIPTION OF THE PROPOSED DEVELOPMENT
Acquisition of parcel 65-2b is to be an intergral part of the
redevelopment of the adjacent Paul -Helen Building. Accordingly, the
description of the development of the parcel can best be described by
setting forth the proposed project regarding the development of the
Paul -Helen Building.
The Paul -Helen Building, located at 209 East Washington Street
and directly to the east of parcel 65-2b is to be substantially
renovated over the course of the next year. The second floor of the
Paul -Helen building is to be substantially remodeled, primarily for
office space. The third floor, which has been unoccupied for
approximately the last fifteen years, is to be completely renovated in
accordance with city code requirements to make it available for
commercial development.
The most significant structural change involved in this
redevelopment will be the construction of a three story elevator and
stairs on the southwest corner of the building in the area of parcel
65-2b. That elevator and stairs will provide, along with an
extension to the third floor of the existing East Washington Street
stairs, the necessary second exit/entrance to the third floor,
allowing for the development of the third floor consisting of
approximately 6,500 sq.ft. Because the third floor currently has only
one means of egress it does not satisfy the Iowa City Code requirement
of two exits. Further, if the building is to be remodeled, elevator
access for the handicapped must be provided. The only feasible way to
provide access for the handicapped and the necessary two entrances to
the third floor is to extend the present stairs and to build the new
elevator and stairs at the parcel 65-2b site.
The second part of the Paul -Helen Building Development will
consist of opening up the west facade of the building to the plaza.
It is anticipated that an entrance to the building will be on the
southwest corner of the building and that windows would be placed in
the west side for office and other retail space opening onto the park.
The gross square footage of the Paul -Helen Building is currently
approximately 35,000 sq.ft. The current net leasable area on the 1st
and 2nd floors is approximately 18,500 sq. ft. After the
redevelopment there will be approximately 25,500 sq. ft. of leasable
space. The total cost of the improvements has been estimated by the
developer's architects, William Nowysz and Associates, to be
approximately $450,000. The developers assume that the development
will be financed with approximately $225,000 of equity capital from
limited and general partners and approximately $650,000 from the
proceeds of commercial development revenue bonds or Iowa Housing
Finance Authority bonds.
DESIGN INFORMATION
Four graphics are included in this section of the proposal.
Graphic One --- Proposed West Face of the Paul -Helen Building:
This graphic is the latest proposed design for the redeveloped Paul -
Helen Building West Front. The details of the design will in part
depend on the interior renovation of the building and the final plans
for developing the park.
Graphic Two --- Overview of Mini -park, Paul -Helen Building and
Parcel development: This overview sets forth the placement of the
elevator -stairs on the southwest corner of the Paul -Helen Building
along with the location of additional commercial space that becomes
available by the proposed development.
Graphic Three and Four --- Possible renovation and redevelopment
of the top two floors of the Paul -Helen Building. In both cases these
are floor plans for potential professional office space. The layout
shows the elevator to be added with the acquisiition of the parcel.
In the case of the third floor the floor plan also shows an addition
on the back of the building essentially extending the third floor back
to the south end of the second floor, adding approximately an
additional 1,500 sq. ft.
CITY PLAZA DESIGN ASSISTANCE
In connection with this project the Developers have contrated for
the services of Iowa City architect William Nowysz. While Mr. Nowysz
will be largely developing plans and specifications for the renovation
of the interior and facade, part of his task will be to work with the
city planners for the development of Blackhawk minipark.
The developers recognize the necessity of integrating the
development of the Paul -Helen Building, Parcel 65-2b and Blackhawk
Mini -park and commit themselves to providing Mr. Nowysz's services for
that purpose in such an amount as is necessary for the task.
Certainly the value of such services to the city will amount to
$5,000.
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ACCESS COMMITMENT
The developers are the current owners of the Paul -Helen Building.
Access to the Block 65 alley is presently available by going through
the rear of that building.
DEVELOPER EXPERIENCE
The two partners of Small -Mears Building Company, Arthur A.
Small, jr. and Phillip Mears have no prior experience developing real
estate. We are both lawyers in the firm Mears, Zimmermann, & Mears
who started out wanting remodeled offices and wound up owning the
building. At the same time we have now been involved in this project
for almost a year. As such we have developed a working familarity
with the principles involved and perhaps more importantly learned who
does have experience with this kind of project.
At the moment the principals in this project are Arthur A. Small,
jr., Phillip Mears and William Nowysz. Arthur A. Small, jr. is a
lawyer, in the law firm of Mears, Zimmermann and Mears. He is also a
member of the Iowa Senate and has served in the Iowa General Assembly
for the past fifteen years. Art has had experience as a Legislative
Assistant to a Congressmen, as a member of the faculty at St. Ambrose
College in Davenport, as the Director of Public Information for
Westinghouse Learning Corporation and as the owner of a small printing
company. Art is 51 years old. He is a graduate of Bowdoin College
and received his Masters and law degrees from the University of Iowa.
He is a U.S. Army veteran.
Phillip Mears is a partner in the law firm of Mears, Zimmermann &
Mears and has practiced law in Iowa City since 1977. The law firm has
been located in the Paul -Helen Building since 1980. Phil is 36 years
old. He is a graduate of Grinnell College and received his law degree
from the University of Iowa with highest distinction.
William Nowysz is the architect for the project. He is a member
of the American Institute of Architects and has been involved in a
number of redevelopment projects in the Iowa City area. His resume is
attached.
1045
i
a.
WILLIAM NOWYSZ, AIA
EDUCATION:
Iowa State University Extension Program,
Structural, Hechanical, Electrical Engineering,
1956-58.
Muscatine Junior College, Associate of Arts, 1958
University of Hichigan, Bachelor of Architecture,
1963.
PROFESSIONAL REGISTRATIONS:
1966, Michigan Architect 015372
1967, Iowa Architect 0IL77
1968, NCARB 08124
1978, Wisconsin Architect 0A-4731
PROFESSIONAL
EXPERIENCE:
8/84 -
William Nowyez 6 Associates
Iowa City, Iowa
Owner, Project Architect
1978 -
7/84
Wehner, Nowyez, Pattschull + P£iffner, P.C.
Iowa City, Iowa
Partner, Project Architect
1974 -
1978
Wehner, Nowyez 6 Pattschull
f
Iova City, Iova
Partner, Project Architect
1967 -
1974
William Novysz 6 Associates
Iova City, Iowa
Owner, Project Architect
1967
Hansen Lind Meyer
Iova City, Iova
Designer, Job Captain
1964
- 1967
Gunnar Sirkerts 6 Associates
Birmingham, Michigan
Job Captain, Chief Draftsman
1963
- 1964
James H. Livingston 6 Associates
Ann Arbor, Michigan
Architectural Draftsman
Gbs
1962 Doxiadis Associates, Inc.
Washington, D.C.
Designer, Multi -family Housing
1961 - 1963 William Nowysz Drafting Service
Ann Arbor, Michigan
Illustrator for Technical Publications
1959 - 1960 Lee Osborn Construction
Muscatine, Iowa
1956 - 1958 Stanley Engineering Consultants
Muscatine, Iowa
Draftsman Trainee
AWARDS:
Medal Award, AIA Awards Program for Design, 1972
Medal Award, AIA Awards Program for Design, 1974
PUBLICATIONS:
"Better Homes 6 Gardens" House Plan No,4302-8,
1973.
"Better Homes 6 Gardens" House Plan No.4303-3,
1973.
"Three by Nowysz", The Iowan, Summer, 1972.
"The Ultimate Collectors", The Iowan, Summer,
1971
"Newest Projects of Gunnar Birkerts",
Architectural Record, August, 1966.
PROFESSIONAL ORGANIZATIONS:
American Institute of Architects,
Corporate Member
Iowa Chapter, AIA
TEACHING POSITIONS:
Environmental Design, University of Iowa,
School of Art 6 Art History, 1977-1978,
Housing: Planning and Structural Aspects,
University of Iowa, Department of Nome
Economics, 1979-1980.
,��s
William Nowysz and Associates
328 East Washington Street
Iowa City, Iowa 52240
HISTORIC PRESERVATION PROJECTS
Town Square Bloomfield, Iowa (1846-1903)
Research, report and recommendations for Master Planning the
preservation and restoration of 55 commercial structures and
up -grading shopping amenities in keeping with the historic
character of the Square. Bloomfield Chamber of Commerce, 1977 -
1978. Phase I construction implemented in 1980, with five-year
program initially anticipated. Designated Historic District,
National Register of Historic Places.
Chalmers Close Mansion, Iowa City, Iowa (1874)
Adaptive use for Johnson County Board of Supervisors, 1974
and 1978. Stabilization, exterior restoration and planning for
interior re -use design for office usage. National Register of
Historic Places.
Antoine LeClaire House, Davenport. Iowa (1855)
Stabilization, exterior and interior restoration for
adaptive use as a museum and community facility. Development of
program and use, operational and maintenance guide@. City of
Davenport, 1976-1983. National Register of Historic Places.
Longfellow Mann 6 Sabin schools, Iowa City, Iowa (1917)
Repair and total interior revovation to correct deficiences
and accomodate changed teaching techniques. Iowa City Community
School District, 1972-1974.
Aman& Furniture Shoo. Amana. lova (1860 and later)
Study of manufacturing and display operation, stabilization
and restoration of exterior, adaptive use of interior, space
utilization, and deveopment of historically compatible
additions. Aman■ Society, Inc., 1978-1979. National Historic
Landmark. '
University of Iowa Credit Union Iowa City. Iowa (1860)
Adaptive use of a Victorian residence for office and banking
functions. University of Iowa Credit Union, 1976.
La
Telephone 319-338-7002
Gbs
Iowa City Senior Citizen Center. Iowa City. Iowa (1904 6 1930)
Former Iowa City Post Office, adaptive use of interior with
some interior restoration, and exterior restoration. City of
Iowa City, 1978-1979. National Register of Historic Places.
State Historical Society Office Iowa City. Iowa (1893)
Restoration and adaptive use of a Victorian residence for
use as offices by the Division of Stats Historical.Society of
the Iowa State Department, 1977-1978.
Illinois, (1912)
Feasibility study and Master Plan for conversion of the
passenger depot into a multi -use facility incorporating space
for a theater, gallery, AMTRAK, retail and office use. City of
Galesburg, 1980. National Register of Historic Places.
_Polk County Gallery. Des Moines. Iowa, (1908)
Study, recommendations for the development and use of former
postal lobby as exhibition space. Polk County Board of
Supervisors, 1979. National Register of Historic Places.
Davis County Courthouse, Bloomfield. Iowa (1676)
Stabilization and exterior restoration. Interior
renovation. 1977-1981. 'National Register of Historic Places.
8antoesport Acadamv 8entonepor t. Iowa (1833)
Stabilization, restoration and reconstruction of a bell
tower for use es a school museum in•a Historic District.
Bentonsport Restoration Committee, 1977. Structure is in a
District listed on the National Register of Historic Places.
Coralville Schoolhouse, Coralville. Iowa (1876)
Stabilization, exterior and interior restoration, for use as
a museum. Johnson County Historical Society, 1975-1980.
National Register of -Historic Places.
��s
Governor Lutes Residence Plum Crove,
Iove C1 ty, Iove (1844)
Stabilization, interior and exterior restoration, for the
Iowa Conservation Commission. 1975-1978. National Register of
Historical Places.
Troy Acsdemv Tro,L. Iowa (1853)
Stabilization, restoration of front and reconstruction of
bell tower, for use as A museum. Troy Academy Restoration
Committee, 1977-1978. Natfonal,R egiste r of Historic Places.
(1867)
Restoration and stabfization of exterior, including stone
conservation and roof restoration. Board of Trustees,
1979-1980. National Resists: of Historic Places.
(1874)
Consultant to State Historical Department for structural
l stabilization and repair of building envelope, 1975. National
Register of Historic Places.
College Block BulldtnR Iove Cf ev. Iowa (1883)
Consultant to City of Iowa City. Research and report
conditions, need for stabilization, repair, restoration, and
cost estimates, 1974. National Register of Historic Places.
Davenport Architectural Historical Surv• Daven ore Iowa
Sites of architectural and/or historical significance
identified within the Community Development Block Grant Program
region. Recommendations for appropriate Nea•urs• to protect and
develop rpora
policy. identified 120squares blockstinb first phaseCe City of C
ity planning
ofDavenport.
1979-1980.
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HEAST..WA
UNICIPALG IJ
• PRESIDENT
ROBERr L. RASMUSsEN
MAYOR OF FAIRFIELD
• VICE PRESIDENT
C.A. Wluuus, JR.
MAYOROF NEW LONDON
• DIREcroo
MICHAEL KAYFCNEE
MAYOR OF CORALVILLE
GEULD POWELL
COUNCILMAN, MUSCATINE
PHIL PALMER
COUNCILMAN, GRINNELL
SHELLY CRAWFORD
COUNCILWOMAN, LONE TREE
• IMMEDIATE PAST PRESIDENT
MAc LAw
MAYOR OF EEOEUE
• SECMARY•TEFASURER
JOHN F. BROWN
FAIRFIELD FINANCE OFFICER
RECE IVEO APR 3 1985
SOUTHEAST IOWA MUNICIPAL LEAGUE
P.O. Box 850 Fairfield, IA 52556
ATTENTION CITY OFFICIALS FROM SOUTHEAST IOWA
The next meeting of the Southeast Iowa Municipal League will
be held at:
THE STONEHENGE
Highway 63 North
Oskaloosa, Iowa
Wednesday, April 10th, 1985
5:30 P.M. Social Hour
6:30 P.M. Dinner followed by meeting and program
Robert Harpster, Executive Director of the League of Iowa
Municipalities, and our reliable informant on the Latest
information affecting municipalities coming out of the current
session of the Iowa General Assembly, has agreed to again
bring us up to date on legislative activities.
Oskaloosa Mayor Robert Lynn and City Administrator Jim Huff
have also invited interested members to meet at the City Hall
at 4:30 p.m. for a brief tour of the Penn Mall being constructed
in downtown Oskaloosa. They will also give an insight and
update of this interesting project during our dinner meeting.
We would also like to welcome the following cities who have
joined or rejoined the Southeast Iowa Municipal League since
our meeting in Centerville last month: Columbus City, Batavia,
Floris, Drakesville, Wellman, Dallas, and Bussey. Our member-
ship has reached 61 member cities which is an increase over
last year's total of 47, but we are still striving to reach
the goal of 75. If you or your neighbor city has not yet sent
in your dues, plan to attend the Oskaloosa meeting and bring
your dues with you.
I am encouraged by the interest in the activities of the organ-
ization and hope to see you in 0 a Cosa April 10.
0lFtlG +itu.w..i/
RobLrt Rasmussen, President
Please complete the reservation form and mail (or telephone)
City Manager Jim Huff, P. 0. Box 1010, Oskaloosa, Iowa 52577
or phone 515-673-9431.
City zip Phone
There will be in attendance from the city of
for the April 10 Southeast Iowa Municipal
League Meeting.
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BECLNEDAPR 1
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LEGISLATIVE
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BULLETIN
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First Session, Bulletin No, 6
March 29, 1985
LOTTERY BILL AGREED TO/TAX BILLS RELEASED
After several setbacks in the House and Senate, the Senate has approved
the state
lottery legislation and has sent it back to the House for enrolling prior to sign-
ing by the Governor.
Approval came after compromises were obtained on allocating revenue derived from
the lottery and the set-aside for revenue to build a world trade center.
The lottery bill also contains $10 million for economic betterment programs for
local goverluents.
With the approval of the lottery bill, the Senate has released and sent to the
House two other major tax proposals, SF 332 and SF 395, which contain provisions
for local option taxing authority, phaseout of the personal property tax replace-
ment revenue, exemption on machinery and equipment from sales tax, and a repeal
of Chapter 405, municipal assistance fund, in July of 1987.
Now that the House is in possession of the above-mentioned bills, it is necessary
to redouble your efforts on the House side to strike the language from SF 395
which would repeal municipal assistance.
Several legislators on the House side have indicated that they have not hoard from
cities about eliminating municipal assistance or at the very least only one ortwo
letters. This lack of contact creates the impression that municipal assistance
may not be important to cities.
The League will be seeking sponsorship of an amendment to strike that portion of
SF 395 which would eliminate municipal assistance. CITY OFFICIALS MUST WRITE
THEIR HOUSE MEMBERS IMEDIATELY AND URGE THEN TO SUPPORT AN AMENDMENT TO STRIFE
THIS PROVISION FROM SF 395.
MEMBERS OF THE HOUSE MUST HEAR FROM YOU ABOUT THE FISCAL EFFECTS OF THIS ACTION
ON YOUR LOCAL BUDGETS. Tha competition for limited dollars is very real and
Urias there is a strong, loud and continuous appeal, the Home may interpret this
to moan that cities can live without those dollars.
May legislators am saying that they support the continuation of municipalassis-
tance and they will remove the language in future general assemblies. This type
of response bags the question of why it's in the bill In the first place.
WRITE OR CALL TODAYI Write c/o Statehouse, Des Moines, Iowa SO319 or call
(515) 281-3221.
MUNICIPAL ASSISTANCE APPROPRIATION BILL
The appropriations bill SF 434 containing the current year's allocation of muni-
cipal assistance has been filed in the Senate. The bill contains the standing
appropriation of $1/.65 million for the fiscal year beginning July 1, 1985 and
ending June 30, 1986.
The bill has been to the Senate appropriations committee for consideration.
HOUSE PASSES G.O. BOND BILL
The Home has passed and sent to the Senate HF 646, an Act relating to the issu-
ance of bonds for general purpose uses.
The bill as passed removed population and dollar amount restrictions relating to
the issuance of bonds for general governmental purposes by cities without in
election on the issue.
The bill provides that a city must give public notice of the bond issue and the
right of voters to petition for an election on the issue.
(over)
W
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The bill has been assigned to the Senate Local Government Committee for considers -
tion.
SENATE COMMITTEE VOTES OUT AGILITY BILL
Despite strong objections from the League And city officials, the Senate Local
Government Committee has passed and sent to the floor for consideration SF 32S,
an Act relating to strength, agility and general health of fire fighters. The
bill would require that reasonable rules adopted by a city civil service commis-
sion for testing applicants for the position of fire fighter be based upon the
entrance requirements adopted by the National Fire Protection Association as the
standard for fire fighter professional qualifications.
ANOTHER GAS TAX PROPOSAL OFFERED
The Smate has unveiled a new plan to raise $4S million in motr, fuel lues.
to 15
ents
july 1, Igs5 and motherosal the rment 23 cents cent would be added inon vJmuM of 1996. Diesel cfuel
would be increased from its current 15 cents per gallon on the same time schedule.
As proposed, all of the tax increases would go into the allocation formula with
cities receiving 181 of the new tax. The state's shays, 45%, would
obset
the e
andd allocated to a RISE program similar to What was originally proped
House (sea Bulletin No. 5, March 13).
Local government could compete for revenue under the 0.75E program ineludingrevenue
to pay indebtedness subject to approval and agreement with the IDOT.
Assuming the allocation formula remains the same, cities' share of the anticipated
revenue would be $8.1 million.
All of the t that
he
will debatedthetls ayet issue priorttobthe House acting onnalid it, 'itsOwnpRISEnprogramtate
or m
sidering the Senate version.
CORRECTION ON DAVIS-BACON
In the appliedltotallgislativer cntnctsbwartin we $2.000rinoned that SF cantfas overS20,000pPopulation- bill,
This is not carnet and the bill which hs now passed the Senate Only applies to
the state. It does not, at the present time, apply to cities, counties orschools.
PUBLIC TRANSIT ASSISTANCE FUND
House File 694 has been introduced by Rep. Pavib (D-Concil Bluffs) and to co-
sponsors to allocate five million dollars from the ma tar collected from motor
vehicles, trailers and motor vehicle accessories to the public transit assistance
fund for each year of the fiscal period beginning July 1, 1985 and ending June 30,
1990.
The bill has been Assigned to the Home Mays and Means Committee.
INFRASTRUCTURE BANK BILL INTRODUCED
House Fila 495, an Act creating an Iowa infrastructure bank, has been introduced
by Rep. Ed Parker (D -Mingo). The bill would create an infrastructure bank which
has ower to issue ds for the
for construction, rehabilitation to $200 bilitationl and nrepair in nof infrastructure C cilitiesose of ing fonds
The issuance of the bonds is not an obllgatin or debt of the state or any of the
facilitiessacquired or builtsbyathe funds oid solely r from mythe vother funds enues from tthe he lease of the
bank may
have.
The bill has been assigned to the House Mays and Means Committee.
HOUSE LOCAL GOVERNMENT ACR ON VETS' PREFERENCE
The Home Local Government Comittee has approved and sent to the House HF 706,
an Act relating to veterans' preference in public employment.
This ed
he
rant bCommittee annddPision bill to SF 266 currently awaitingwhich debateaon tthhedSenatet Senate
State Govern -
07
-3.
As proposed the bill provides that five parcentaga points shall be given on exaai-
nation scores or grades to veterans who are honorably discharged and ten points
are given to disable veterans. All points would be added after an axam is passed.
HOUSE JUDICIARY REPORTS OUT PSYCHOLOGICAL TEST BILL
The Howe Committee on Judiciary and Lav Enforcement has approved and sent to the
floor HF 691, a bill relating to psychological testing for law enforcement offi.
claim.
As approved by the committee, examinations shall be given prior to actual employ-
ment and shell be administered by the law enforcement academy at no cost to law
enforcement agencies.
We anticipate additional amendments to be filed on the bill prior to debate.
DETENTION IN CITY/ODUNTY JAILS
The Senate local Government Committee has approved and sent to the floor SF 474,
an Act relating to self-inflicted injuries or deaths by persons being detained in
city or county jails.
The bill provides Lo,mity free liability to a city, county, or an employ" of
the county or city for self-inflicted injuries to a prisoner in the jail facility.
SENATE PASSES EXEMPTION BILL FOR CITY m/C
The Senate has passed 48-0 SF 503, a bill which exempts the self-insured workers'
compensation program developed for cities or counties under Chapter ON free, the
insurance premium tam.
A motion to reconsider has been filed on the bill by Sans. Taylor and Rodgers.
ABANDONED PROPERTY BILL OUT OF COMMITTEE
The Howe Committee = Small Business and Commerce has approved for debate HF696,
an Act relating to abandoned property. The bill provides a procedure for the
abatement of violations of city housing or building codes and of public nuisances.
Buildings are defined only as buildings In cities with a population of at lust
25,000.
Specifies that an action can be brought by the city, neighboring landowner or
certain non-profit associations. Provides the methods of service of notice and
hearing process.
The court can determine if a public nuisance exists and if one is found to exist
the owner of the building 1s given the first opportunity to correct the condition.
persons with interest in the title are given the next opportunity, if neither
Perry is willing to correct the condition, the court may appoint a receiver.
Costs for correction of the nuisance ars given a priority lion against the prop-
erty.
A receiver mut post bond and show the capacity for performing the required work
on the property. Demolition is permitted only if all interested parties give
written content and pay the costs.
The bill is awaiting debate by the full Howe.
HOUSE COMMITTEE APPROVES TAX LEVY BILL
The House Local GeYernaeRL Committee has approved and sent to the floor for de-
bate HF 729e mm Act relating to certain tar levies and area schools. The bill
provides that the non levy for a bond issue may be anticipated by the issuance
Of warrants -ban a shortage of funds exists. The bill also specifies the method
Of accounting for incremental taxes, the tax list to be wed for determining
taxes to be divided among the jurisdictions and to pay for redevelopment project
costs and procedures for division of taxes under Chapter 103.
POR LEGAL COUNSELS
Son. Jack Nystrem (R -Boon) has filed SF 136, an Act to authorize fire and police
retirmment systems to =ploy or retain legal counsel.
The bill, which has been assigned to a state government subcoemittee of Sons. Carr,
Bruner, Homo Schwengels and Nystrmm, authorizes the board of trustees of a fire
or police retirement system to employ or retain an attorney in lieu of using the
city attorney or solicitor.
1W
4�- xIARCII 1985
+y AMANNCANING I 1 tJa1
4 3 PL
l.•; ASSOCIATION '
�lVews
Parldand Dedication and Fees
In many urban nciehtvnhmsJs. there is a serious lack of recreniunal
space. Rooftop gymnasiums, playgrounds in cemeteries. skaicboatd
Part., in parking garages, and basketball courts in alleyways arc
testaments to this shortage. In many eases. inadequate space and
facifaies arc the result of poor planning -particularly an initial
shorsightcdness about how much parkland is necessary. where it
should be located. anJ how to fund Ione -term maintenance of parks
and recreational facilities. Neighbors of these urban areas - namely.
surrounding counties and suburbs -arc In ing to make sure that they
are not caught short when it comes to Providing and maintaining
parklands for their residents.
This issue of Z.tnfne News examines local subdivision
requirements for parkland dedication or fees. A -dedication' is a gift
of land from the dcve!oper to the municipality. Fees may be
acccplcd separately or in lieu of parkland dedication. Fees -in -lieu
arc usually equal to the cost of land that the developer would
otherwise have to dedicate. Special emphasis is given here to local
ordinances that collect such fees and create special parkland funds
for land acquisition or parks maintenance. which have both become
increasingly difficult for municipalities facing budgetary constraints.
Parkland Dedication and
Fee Ordinances -
The laws related to parkland dedication and fees vary considerably
among states. parklani fees have been challenged as a -tax." In
some states. new taxes have been strictly limited by recent popular
A fimrss colorer rocmrd in a moll park in San Francisco.
P.I...1.0, LIJ.. s+n runt....
initialises (e.p.. California's Proposition U). Cnuns have also
qucmiomd ss hether mandaton land dedication and fees are
-rea,onahh related' m the need for parkland created by a
subdi... inn. And some courts have asked whether the need for new
parkland is -spaifically and uniqucly attributable" to the
de%clopnnnl under res icw. Mang Oi these issues have been resolved
in favor of local governments, but limited space here dols not allow
further coscrage of the legal debate. Readers interested in the details
can review summaries of the case law in back issues of APA's Land
Use Lill- d Toning Dicrst or consuh their attorney.
The excerpts below give the reader a small survey of local
suhdiwisioa and municipal cotes that include mandatory dedication
rcquircincnts. parkland fees. or both. The Reno. Nevada. and
Huntington Reach. California, requirements are from w'ell-
estzblished but still -growing cities. The excerpts from the Du Page
County. Illinois, and Contra Costa County. California. subdivision
ordinances are examples from fast-growing suburban areas.
Renu. Nevada. Reno is a city of 110,000 with 84 park and
recreation facilities and approximately 750 acres of parkland. The
city n• has established a park. playground, and recreation fund with
revenues penerated by a "residential construction tax fee- on new
des'clnpment. The city is divided into five park, playground, and
recreation districts. The fees collected within a particular district
must be used for the acquisition, improvement, and/or expansion of
facilities within the district. as far as is practicable. By state law,
however. the fees cannot be used for park maintenance. City
ufh, - would like to see that limitation changed.
t :,.c code states that print to the issuance of any building permit
for the construction of any residential dwelling unit. the
development of any mobile home lot, or the remodeling of any
nonresidential structure for a residential use, the applicant must pay
a residential construction tax fee equal to two percent of the value
(construction costs) of each dwelling unit or mobile home lot as
determined by the building and safety department. The minimum fee
is S 125.
Housing developments that meet the city's code requirements for
'crony level' affordable housing may he exempt from the park fees
and land dedication requirements. A planned unit development
(PUD( that provides private open spacesufficient to meet the needs
of the PUD's projected population- may receive a credit worth up m
50 percent of the parklands fee. The cin• council will grant the
credit only if the open space meets certain size, shape, topography.
geology. access, and location criteria. The developer must also
establish a private organization within the PUD to provide long-term
maintenance of zo park facilities. In lieu of the parkland fees, a
developer may also dedicate park and recreation land to the public.
If the city council accepts the land as an addition to existing
parklands, the fee is waived.
Huntington (teach, California. This city of approximately 170,000
has an established 990 -acre system of neighborhood and community
parks, cin beaches, and state parks. Developers of residential
abdirisiuro must dedicate parkland or pay Pecs in lieu of land
dedication based on the open space and conscrvation element of the
city's general plan. Currcmly, most developers pay' parkland fees.
Where a park or recreational facility has boon designated in the city
plan to he Incaled fin w hole or in pan) within a proposed
suhdivisinn. the subdivider must dedicate land for a park. The
amount of land dedicated must serve the immediate and future needs
of ubdn inion residents. The amount is determined through a
i
.. ,w. wmr rakes .,it,, account a dcmov factor la pul,nLmun
c.ronatc fur each type of dwelling unit: the city btandard of five
acres of parkland for every I,IX)q residents: and the number of
proposed dwelling units in the subdivision.
When a proposed subdivision contains dwellings with different
density factors. the formula must be used file each density factor and
the results totaled. Whether the city accepts a land dedication or
requires a fee is at the discretion of the cin planning commission. In
making a decision, the commission considers a site's topography,
geology, access, and location: its site and shape; the availability of
previously acquired park propen)•: and the proposed sites
compatibility with the cite open space and conservation plan.
If land dedication is not accepted. then the developer must pay a
fee equal to the value of the land that would od¢rcixe have been
dedicated. The value of the land is based on the average fair market
value per acre of land in cenain areas of the city's R-1 zoning
district. Fair market value of land must be determined every two
years by a qualified real estate appraiser. All subdivisions of 50
parcels or less must pay fees in lieu of dedicating land. The fees
collected must be placed in a special fund to be used to acquire
parklands or to improve existing parks in areas that may be
'reasonably related- to serving the subdivision from which fees were
collected. Fccs are paid prior to the recording of a final tract
(subdivision) map. although they may be deferred (under special
conditions) until the issuance of a ceniftcate of occupancy or final
inspection of the first unit in a phased development, whichever
comes first.
Up to 50 percent of the required land dedication can be waived if
private open space provided within a subdivision is deemed
accessible, usable• and adequate by the city council. Credit is also
given for major developers who allocate land for a golf course
and/or navigable channels that are designed to serve both
subdivision residents and the general public.
Nonresidential subdivisions are exempt from the land dedication
requirement. The conversion of apanment buildings more than five
years old to condominiums or cooperatives (where no new dwelling
units arc added) is also exempt.
DuPage County, Illinois. DuPage is a fast-growing county outside
Chicago. The county subdivision code suggests, where possible.
that parklands and school sites be combined so that less land is
removed from the tax rolls, maintenance is shared, and heavy
recreational use is guaranteed. Land dedication is required for parks
and recreation to sene the immediate and future needs of the
proposed subdivisions residents. The current requirement of 5.5
acres of parkland per I,ODO of ultimate populatibn is based on
National Recreation and Park Association standards. The county
uses census data and local records to estimate the population per
dwelling unit. The county's current population estimates are shown
in the table below.
1), it,, Sinxlnfm.nilr /tome LnrvOrn>in•Apart mrnl
Two•bed...tm D 2 604 per unit on 15Auvrj
Three•bcchoom 0d 192 Ellicienn• m I.DDD per unit
Cash contributions (based on the fair market value of land in the
area) are required in the case of'smail- subdivisions where the
resulting land dedication would be ton small to be useful or the
available land is inappropriate for a park or recreational area. A
"ponion" of the required land dedication may be provided in the
form of private often space in lieu of public open space. A
substitution of private open space for dedicated parks nu) rcgmm
greater improvements (c.g., recreational equipment. land.npmg.
access facilities) for the erwnn plat committee to approve the
private spice. Refine any cretin is giten for private rrcrest.nul
lacamicb. the suhtiivis on to%eloper mint alba ru.vanlee that the%e
areas will he permanently maintained, IN pically through a
honicux nors association. A special credit may be risen io reduce
the park and recreation land dedication requirements for
preservation of features such as a lake, tributan. rock outcropping.
or scenic view within the development.
Cash contributions mu.t be held in a special fund for rarkland
acquisition, improvement of casting parks. and limited
administrative expenses. If any ponion of a cash contribution in lieu
of parkland dedication is not spent within 10 }cars of the date of its
receipt, it must be refunded to the subdivision developer.
Camra Cnsla Cumnh, California. This is one of the fastcsl-
growing counties in the San Francisco 0ay area. The subdivision
ordinance requires the dedication of parkland arca equal to the
number of dwelling, units in the development multiplied to 500
square feet. As used in the ordinance. a -dwelling unit' means a
building. or a ponion thereof, or a mobile homc. designed for
residential occupancy. The areas dedicated for parklands must be in
locations compatible with the recreational clement of the count'
general plan and must meet county standards for accessibility. size.
topography, geology, and other site characteristics.
Fees in lieu of land dedication are assessed 37 S300 per dw'clling
unit. A combination of fee payment and land dedication is
permissible if approved by the planning agency.
If the planning agency thinks that the public interest can be served
by provision of a private park area in the development, it can waive
up to 50 percent of the land dedication or fee requirement.
Developers establishing private open space must record agreements.
covenants, or restrictions that will ensure the lone -term maintenance
ofthc private recreational area.
When a fee is required, it is paid to the county prior to approval
of the final map. parcel map, or building permit. whichever occurs
first. Fees are then placed in a local park or recreation facilities trust
fund.
L.A. Adopts Townhouse
Zoning
Some planners refer disparagingly to Los Angeles as a bunch of
suburbs in search of a city. To shed the image of a city of broad
lawns and narrow housing selection. L.A: planners are encouraging
greater variety in pouting type and housing densities. In Nnvcmhcr
the city council adopted a zoning amendment that permit
townhouse development. This amendment allows dcvcinpmcnl at a
maximum of 17.4 dwelling units per acre—a density previously
reserved for mul000n apanmenw and cnndominimm.
The purlxite of the rote is it, allow higher dents) housing while
maintaining the benefits of home ownership. Accordingly, each unit
must have front and fear yards afA allow ownership of individual
fns. To pretcm long rows of townhouse units, the ordinance
prohibits "lure than five units jn a row. It requires that each
dwelling unit be structurally separated• except that the footings. slab
foundations. roof sheathing, roofing, and exterior wall coverings
may truss Int lines. Each duelling unit must be separated by a wall.
and each unit must have au independent electrical, plumbing,
haling. air conditioning!and sewer system. To help ensure that
purchaser: of townhouse units can live together peacefully, the
zoning tale requires cvelopers to record covenants and deed
rebiriclion) that:
■ stake ownersjoinlly and severally responsible for the
maintenance and repair of the buildings folings, slab
foundalions. roofing, common walls. and other eomuwm
p,v :on, of the building;
■ Rcgdre owners to share equnaM) in the cot of mamtenimee
and r: par of the tutWmp\ common cicmcnls:
• Per, d• : rrinm of fending lag., through a hnnentt ileo
W_
One -bedroom
0 1.542
Alto, hrd Single-Ruuif,
Two-bedroom
02.491
I ,owt.uusr. R..i lhnmr.
Q..okiplrx. Do.)
Iligh-Detain} Apart of
One-bodf16+/neer)
rrwm @ I.xtq
Tuo-ho
Twn�MJnxtm 42.54)
E(0cienry
Gi 1.O01
Threedrednum @ 3.0.42
One-hedn.nn
® 1.226
T.o.bedwom
a 1.769
Cash contributions (based on the fair market value of land in the
area) are required in the case of'smail- subdivisions where the
resulting land dedication would be ton small to be useful or the
available land is inappropriate for a park or recreational area. A
"ponion" of the required land dedication may be provided in the
form of private often space in lieu of public open space. A
substitution of private open space for dedicated parks nu) rcgmm
greater improvements (c.g., recreational equipment. land.npmg.
access facilities) for the erwnn plat committee to approve the
private spice. Refine any cretin is giten for private rrcrest.nul
lacamicb. the suhtiivis on to%eloper mint alba ru.vanlee that the%e
areas will he permanently maintained, IN pically through a
honicux nors association. A special credit may be risen io reduce
the park and recreation land dedication requirements for
preservation of features such as a lake, tributan. rock outcropping.
or scenic view within the development.
Cash contributions mu.t be held in a special fund for rarkland
acquisition, improvement of casting parks. and limited
administrative expenses. If any ponion of a cash contribution in lieu
of parkland dedication is not spent within 10 }cars of the date of its
receipt, it must be refunded to the subdivision developer.
Camra Cnsla Cumnh, California. This is one of the fastcsl-
growing counties in the San Francisco 0ay area. The subdivision
ordinance requires the dedication of parkland arca equal to the
number of dwelling, units in the development multiplied to 500
square feet. As used in the ordinance. a -dwelling unit' means a
building. or a ponion thereof, or a mobile homc. designed for
residential occupancy. The areas dedicated for parklands must be in
locations compatible with the recreational clement of the count'
general plan and must meet county standards for accessibility. size.
topography, geology, and other site characteristics.
Fees in lieu of land dedication are assessed 37 S300 per dw'clling
unit. A combination of fee payment and land dedication is
permissible if approved by the planning agency.
If the planning agency thinks that the public interest can be served
by provision of a private park area in the development, it can waive
up to 50 percent of the land dedication or fee requirement.
Developers establishing private open space must record agreements.
covenants, or restrictions that will ensure the lone -term maintenance
ofthc private recreational area.
When a fee is required, it is paid to the county prior to approval
of the final map. parcel map, or building permit. whichever occurs
first. Fees are then placed in a local park or recreation facilities trust
fund.
L.A. Adopts Townhouse
Zoning
Some planners refer disparagingly to Los Angeles as a bunch of
suburbs in search of a city. To shed the image of a city of broad
lawns and narrow housing selection. L.A: planners are encouraging
greater variety in pouting type and housing densities. In Nnvcmhcr
the city council adopted a zoning amendment that permit
townhouse development. This amendment allows dcvcinpmcnl at a
maximum of 17.4 dwelling units per acre—a density previously
reserved for mul000n apanmenw and cnndominimm.
The purlxite of the rote is it, allow higher dents) housing while
maintaining the benefits of home ownership. Accordingly, each unit
must have front and fear yards afA allow ownership of individual
fns. To pretcm long rows of townhouse units, the ordinance
prohibits "lure than five units jn a row. It requires that each
dwelling unit be structurally separated• except that the footings. slab
foundations. roof sheathing, roofing, and exterior wall coverings
may truss Int lines. Each duelling unit must be separated by a wall.
and each unit must have au independent electrical, plumbing,
haling. air conditioning!and sewer system. To help ensure that
purchaser: of townhouse units can live together peacefully, the
zoning tale requires cvelopers to record covenants and deed
rebiriclion) that:
■ stake ownersjoinlly and severally responsible for the
maintenance and repair of the buildings folings, slab
foundalions. roofing, common walls. and other eomuwm
p,v :on, of the building;
■ Rcgdre owners to share equnaM) in the cot of mamtenimee
and r: par of the tutWmp\ common cicmcnls:
• Per, d• : rrinm of fending lag., through a hnnentt ileo
W_