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Home My WebLink About1985-04-23 Info PacketI City of Iowa City MEMORANDUM DATE: April 12, 1985 TO: City Council FROM: City Manager RE: Informal Agendas and Meeting Schedule April 16, 1985 Tuesdav 6:30 - 8:45 P.M. Council Chambers 6:30 P.M. - Discuss Wastewater Facilities Plan Options 8:00 P.M. - Ecumenical Housing Corporation - Discuss Section 202 Housing on U -Smash -Em Site 8:20 P.M. - Council time, Council committee reports 8:30 P.M. - Executive Session April 17, 1985 Wednesday 7:30 P.M. - Demonstration of Hydroelectric Dam Model - U of I Hydraulics Annex April 22, 1985 Monday 6:30 - 8:45 P.M. Council Chambers 6:30 P.M. - Review zoning matters 6:50 P.M. - Harlocke/Weeber Area Rezoning 7:30 P.M. - Parcel 64-1aDevelopment Options 8:15 P.M. - City Regulation of Use of Iowa River 8:30 P.M. - Council agenda, Council time, Council committee reports April 23, 1985 Tuesday 7:30 P.M. - Regular Council Meeting - Council Chambers April 30, 1985 Tuesday 6:30 - 8:30 P.M. Council Chambers 6:30 P.M. - Discuss Gas/Electric Franchises 7:15 P.M. - Parking - Maiden Lane 7:45 P.M. - Notice regarding tree removal 8:00 P.M. - Council time, Council committee reports 73/ City Council April 12, 1985 Page 2 PENDING LIST Priority B: Leasing of Airport Land for Commercial Use Congregate Housing Development Alternatives (June 1985) Housing Alternatives i Newspaper Vending Machines Unrelated Roomers - Proposed Zoning Ordinance Amendment City Plaza Fountain Barrier Comprehensive Economic Development Program Housing Inspection Process and Operating Policies ij Liquor/Beer License Suspension Policy Sewer Tap -on Fees and Requirements Kirkwood/Dodge Signalization and Traffic Patterns Fees for Sign Permits Council CoralvilleeMilldam Projection (May(September 1985) 1985) Appointments to Board of Library Trustees, Committee on Community Needs, Riverfront Commission, and Resources Conservation Commission - May 21, 1985. 731 City of Iowa City MEMORANDUM DATE: April 12, 1985 TO: City Council FROM: City Manager/ � �— RE: Wastewater Pian - Alternative Study, Phase II The.attached Wastewater Alternative Study will be discussed at the informal Council meeting on Tuesday, April 16, 1985. At that time the City Council will be asked to determine whether at least one of the alternatives should be eliminated as the engineer proposes. While the report presents the advantages and disadvantages for all of the alternatives, the issue of the comprehensive plan and growth is only minimally discussed. On Page 69, there is reference to population growth under Alternative 6. As you read the report, you will wish to consider compatability with both the short and long-term development plans together with the other issues. 73Z a _i CITY OF IOWA CITY, IOWA REPORT ON WASTEWATER PLAN -ALTERNATIVE STUDY PHASE II APRIL 5, 1985 r 11 METCALF & EDDY, INC. / ENGINEERS Atmio,a.s BOSTON / NEW YORK / PALO ALTO / CHICAGO 73.2, 0 M:E April 5, 1985 Metcalf & Eddy, Inc. Engineers & Planners 65 A. Algonquin Road. Suite 500 Alinglon Heights. Illinois 60005.4422 (372) 2280900 Mr. Charles J. Schmadeke, P.E. Director of Public Works City of Iowa City 410 E. Washington Street Iowa City, Iowa 52240 Dear Mr. Schmadeke: Enclosed is the revised Phase II report which details the further analysis of the four alternatives selected during the Phase I investigation. This report has been revised to reflect the comments and suggestions made by the City staff during our meeting on March 27, 1985. We are prepared to discuss our report in greater detail at the City's convenience. After three alternatives are selected by the City from the Phase II report, the next phase of our effort will focus on the financial and constructability aspects of these alternatives. We appreciate the opportunity to serve the City of Iowa City and look forward to discussing this report in greater detail. Very truly yours, �� Lawrence P. Jawo i Project Manager LPJ/jpp Boston r NeA Yah / Pan Allo 1 San Danarmnn / awo CA / Cmcngo / Hnuslon / Atlanta / Sompivtllo. NJ / S.Ivei Seung. IAD / Honolulu 73-2— Table of Contents Page 73y 1 Introduction Chapter I - Findings and Conclusions 2 Chapter II - Evaluated Alternatives 3 Chapter III - Sewer System Description 5 Chapter IV - Unit Process Selection 9 16 Chapter V - Equalization 21 Chapter VI - Cost Estimate Chapter VII - Alternative Description 24 Alternative 2 34 Alternative 6 45 Alternative 8 51 Alternative 11 Chapter VIII - Alternative Evaluation 61 73y i Introduction _ This report evaluates four different alternatives for the transportation and treatment of wastewater generated within the designated service area of the Iowa City Water Pollution Control Plant. This report contains the second of three study phases leading to a recommended plan. Phase I contained a conceptual screening of thirteen alternatives. From this study, the City selected Alternatives 2, 6, 8, and 11 for the Phase II evaluation. The Phase II study looks at these four alternatives in greater detail. Unit processes for wastewater treatment are determined, site plans are developed, and costs for the complete project are estimated. Both construction and total present worth costs are calculated. This evaluation will lead to the selection of three alternatives for Phase III investigation. Phase III will appraise these three selected plans on the basis of constructability and financial implications. The most favorable plan will become the Recommended Plan. This report contains the Phase II effort only. Following a review of this material, additional studies will be undertaken to complete Phase III. -1- 7321 Chapter I Findings and Conclusions 1. Alternatives 2, 8, and 11 are recommended as the alternatives to receive the financial and constructability evaluation. This selection was based on technical merit, environmental impact, financial assessment, and implementation procedures. I 2. Regardless of the alternative, activated sludge is the most cost-effective treatment process to achieve a 30-30 effluent quality at new treatment facilities. 3. When loaded properly, the existing trickling filter system can consistently achieve a 30-30 effluent quality. t 4. Cost-effective stormwater treatment can be accomplished through the use of clarifiers and high -rate sand filters. Pending State approval, rapid infiltration land treatment is - a cost competitive alternate. IWA5 73.2�- Chapter II Evaluated Alternatives The Phase I study involved evaluating thirteen alternatives designed to meet existing and future transportation/treatment requirements within the Iowa City Study Area. In accordance with the scope of work, six alternatives were recommended for further study. These alternatives provided a range of solutions using combinations of treatment sites and conveyance systems. On the recommendation of the Iowa City Wastewater Committee, the City Council elected to eliminate the two most costly recommended alternatives from the Phase II evaluation. As a result, this phase will evaluate four alternatives. The Phase I report recommended obtaining additional flow monitoring data from critical points in the system and requesting that the Iowa Department of Water, Air and Waste Management (IDWAWM) perform a waste load allocation study on the Iowa River. At the time of this printing, IDWAWM has acknowledged receipt of the City's request that a waste load allocation study be conducted and a final decision on effluent standards be made by the Department. Development of additional flow monitoring data should be undertaken prior to initiation of final designs. — During the Phase II analysis, Metcalf and Eddy met with City ! - staff to review the status of the project, discuss the Phase II � — effort, and establish current needs for sewer additions. Proposed interceptor routing and connections were also discussed. This meeting concluded with a topographical survey of the proposed treatment plant sites and the east-southeast service area. Development priorities in the southeast area are towards i the Village Green area north of the Chicago, Rock Island, and Pacific Railroad tracks and the area contiguous with Sycamore Street in the south region of the Study Area. 1 Treatment priorities exist, as well. The City must eliminate bypassing occurrences during the design storm event while maintaining the established effluent quality, currently a 30-30 _ discharge standard. Both the sewer additions and the treatment capacity expansion need to be cost-effective and compatible with growth patterns beyond the twenty year study period. I The Phase II study consists of a detailed evaluation of ^ Alternatives 2, 6, Be and 11. Sewer routes, treatment processes, site plans, and design data were developed for each of the ,. selected alternatives. In addition, a more detailed cost estimate was performed using all components except for land .. costs, which are incidental. Based on this study, three alternatives are recommended for constructability and financial review. I i I -4- f3_ Chapter III Sewer System Description Overview The most important element of improving wastewater treatment facilities for the City of Iowa City is the development of the r main collection sewers (interceptor sewers). Two key considerations are the location of the treatment plant and the extent (or cost) of the interceptor system. i In the four selected alternatives (2, 6, 8 & 11) Alternative 8 is the only plan Where the wastewater is treated solely at the existing treatment site. This plan requires the use of major wastewater pumping facilities. These pumping stations are required to move the wastewater from outlying watersheds to the main watershed served by the existing system. Alternatives 2, 6 & 11 develop interceptor systems that take advantage of gravity drainage in the outlying watersheds. These alternatives allow three different approaches to developing the interceptor sewer system. All three alternatives have the potential to provide a central wastewater treatment facility at the southerly site with a discharge directly to the Iowa River. This can be accomplished by the future construction of the Outfall Sewer linking the existing treatment plant site with the proposed southerly site. All of the alternatives in the Phase II study include construction of the University Heights and the Outfall Relief Sewers bringing additional wastewater flows into the existing plant site. The sewer rehabilitation work recommended in the City's Sewer System Evaluation Survey report is also common to all alternatives. -5- %3� i I — i I Reduced sewer capacities are suspected in the influent lines to the existing treatment plant due to solids deposition. During high flow periods, the wastewater backs up into the influent sewers primarily due to the high elevation of the pumping facility wet well. This condition contributes to the problems encountered in the Rundell Street Horseshoe Sewer. New pumping facilities would correct the solids deposition problem, possibly increasing the capacities in the existing sewers. Continued elimination of extraneous inflow and infiltration sources through proper maintenance and code enforcement can also be a cost- effective method for increasing the existing sewer capacity. Alternative 2 The primary premise of this alternative is to divert the wastewater flows at the upper end of the Rundell Street sewer to the new wastewater treatment site. All diverted flow would be transported by gravity. Additionally, flow at the existing Fairmeadows, Heinz and Village Green pumping stations will be diverted to the new treatment facility. The existing pumping stations will be abandoned. This alternative follows the concepts developed by Veenstra a Kimm as presented in the Facilities Plan. A pumping station at - the upper end can be utilized to reduce the depth of cut. This issue will be resolved in the next phase if this alternative is selected. Location of the lower portion is subject to siting of the new wastewater treatment plant. Locating the sewer further south can make better use of the terrain and reduce the extent of excavation required to install the pipeline. -6- 73.2- Alters 6 Alternative 6 is similiar to Alternative 2 except a portion of the sewer between the Snyder creek Facility and the new Southerly Wastewater Treatment plant has been eliminated. After proper treatment, discharged wastewater is transported to the Iowa River in existing surface waterways. In effect, this alternative of the southeast Interceptor trades the cost of the lower portion Sewer for a third treatment plant. This section of omitted sewer may be constructed at a future date to consolidate treatment sites. Alters a iThis alternative provides wastewater treatment at the existing wastewater treatment plant. To convey the flow from new growth i J areas and excess flows from existing area's pipeline system ressurized pipeline is is required. Due to the topography, P required from each of the three major drainage areas. pumping ater to a common point stations are required to convey the wastew _ near the intersection of Sycamore Street and U.S. Highway 6. Gravity flow from this point into the existing treatment site can be achieved. One disadvantage of pressurizing the interceptor J will require pumping system is that all subsequent tie-ins i stations. This is an energy -intensive proposition and may result in undesirable operating conditions For instance, the multiple pumps utilized for such a pressurized system would nreghead careful selection based on operating under varying conditions. Additionally, discharge from several pumping stations into the sewer system may amplify flow variations observed at the treatment plant. i -7- 73.2- i Alternative 11 In this alternative excess flow from the Rundell Street area would be pumped a short distance to the south along Sycamore Street until gravity flow could be achieved into the new wastewater treatment site. other flow will be diverted from the southeast area by abandoning the Fairmeadows Pumping Station. By eliminating surcharged sewer conditions in the Rundell Street area, it is estimated that the Lower Muscatine Road Sewer and the Lower Muscatine Road Trunk will have sufficient capacity to serve the projected growth in the southeast area. Some seater rehabilitation will be required for the sewers serving the Village Green area. -8- Chapter IV F Unit Process Selection Introduction.. The intent of Chapter IV is to provide information regarding unit process selection and to discuss operational parameters. It may function as the starting point in a planning effort but it is certainly not a collection of answers from which deviation is not allowed. Many factors contribute to the selection of unit processes to achieve secondary quality effluent. Some of the important variables include flow and load variation, temperature range, effluent standards, site constraints, cost variation, existing tankage and equipment, and new equipment availability. Each factor must receive consideration before the most suitable process can be identified. The Phasc II study included a careful evaluation of the treatment alternatives available for five different cases, summarized below: 1. Dry weather flow, existing WWTP site - Alternatives 2,6,8,11 2. Wet weather flow existing WWTP site - Alternatives 2,6,8,11 3. Snyder Creek 'AWTP - Alternative 6 4. Sand Road WWTP - Alternatives 2, 11 5. Sand Road WWTP, small flow - Alternative 6 Case 1. The existing trickling filter treatment system still represents a considerable investment. Abandoning these facilities in lieu of a new plant is not cost effective and, therefore, the dry weather flow will continue to receive secondary treatment through this existing system. Some structural rehabilitation and mechanical replacement will be necessary, however, to ensure adequate operation through the twenty year study period. -9- ,,3oZ i I j I i � Trickling filters are aerobic fixed film biological systems in which primary effluent flows downward over a bed of media (Iowa City utilizes rock media) upon which a biomass growth has developed. The biological organisms use the organic compounds in the wastewater as a source of carbon, nitrogen, and phosphorus for new cell growth and as an energy source. Oxygen is supplied to the process via air currents that pass through the media. As the biomass accumulates, it reaches a thickness such that the layer closest to the media is no longer aerobic. At this point, the biomass will slough off to be removed along with the influent solids in the settling tanks. This is a cpntinuous process of biomass growth and sloughing. The secondary sludge, also called humus, is then pumped to be co -settled in the primary clarifiers. Recirculation is used during periods of low wastewater flow to maintain sufficient flow rates to keep the trickling filter media wet, prevent biomass from clogging the media voids, keep the rotary distributors turning, dilute shock loads, maintain dissolved oxygen levels, and provide new seed organisms. The advantages of a trickling filter system include low operating costs, simplicity, and low sludge production. Drawbacks are lower quality effluent, inflexibility of operation, higher construction costs, and space intensive layouts. The basis of selection for Case 1 is the presence of the existing tankage and equipment and the fact that, when loaded properly, a 30-30 effluent can be consistently produced. IJ Case 2. Excess flow generated by the design storm event must _ receive treatment to meet the established effluent quality standards. This will be accomplished with a separate wet weather treatment system consisting of clarifiers and high -rate sand filters. This process, referred to as primary effluent filtration (PEF), has proven to be cost effective in treating large volumes of relatively dilute wastewater. -10- 73� The clarifiers are used to achieve low cost first stage removal _ of raw solids and that portion of the Biochemical Oxygen Demand (BOD) associated with the settled solids (usually 258 - 408). In addition, free oil and grease and other floating solids can be removed. Clarification is provided ahead of the sand filters to reduce the solids and BOD loads on this process. The high -rate sand filters will remove most of the remaining solids and BOD to reach the discharge requirement. A pilot study using PEF was conducted at the Iowa City wastewater treatment plant from September 1983 to March 1984. The process operated J with minimal maintenance costs while producing consistant effluent results under a variety of loading conditions. The sand filters will also be used occasionally as additional treatment for the effluent from the trickling filter secondary clarifiers to provide additional pollutant removal prior to final discharge. Case 3. An aerated lagoon has been selected to provide secondary treatment for the wastewater transported to the Snyder Creek site facility. With no site contraints, an aerated lagoon is the most cost-effective treatment option. If in the future the City should decide to consolidate treatment at the Sand Road site, as the proposed interceptor system suggests, restoration at the Snyder Creek site would be inexpensive. Additionally, the investment loss incurred by abandoning these facilities would be minimized. The lagoon itself will be operated in the aerobic -anaerobic mode, completely mixed. As a result, a with the contents not being large portion of the incoming solids and the biological solids produced from waste conversion settle to the bottom. As build up occurs, a portion of the solids will undergo anaerobic decomposition. The effluent is, therefore, more highly stabilized than the discharge from a completely mixed lagoon. The upper aerobic zone of the lagoon serves to minimize odor problems. The liquid and gaseous products from anaerobic -11- 'ems i i decomposition are carried to the surface by mixing currents and _ utilized by the aerobic organisms. Minimal process control is required to maintain a stable process producing a high quality effluent. Regular discharge of biologically toxic materials from industries may require pretreatment before entering the lagoon. In the event of a slug load, the aerated lagoon offers substantial dilution capacity. This will mitigate adverse effects on the treatment process. After passing through the aerated lagoon, the wastewater will enter a rock filter designed to polish the lagoon effluent. The rock filter consists of a submerged bed of medium sized rocks, usually 3 to 6 inches in diameter. The lagoon effluent passes -j vertically through the filter, the algae becoming attached to the rock surface. The operation and maintenance of this process is extremely simple and represents a key advantage for a satellite facility. The effluent from the rock filter would meet the 1 u discharge standards established by the State. The elimination of any solids handling facilities is another economically attractive agoons at the Snyder Creek site. result of using aerated l Case 4. Based on its much smaller construction cost and its slightly lower present worth value, activated sludge was chosen for the secondary treatment process at the Sand Road site. Low land usage, high degree of flexibility, and superior and reliable effluent qualities are additional advantages of the activated sludge process. The most significant disadvantages are the complexity of operation and the power requirements. At the Sand Road site, however, this power requirement is mitigated by the topographic contours. The site is relatively flat and pumping costs associated with a fixed film system would be greater than those resulting from the activated sludge system (due to the greater head loss). The activated sludge process is a suspended growth biological treatment process in which a mixture of influent wastewater and -12- 7'�Z I i i 1 i i I recycled secondary sludge is aerated and mixed in tanks and then transferred for separation in secondary clarifiers. The secondary sludge contains a mixture of aerobic and facultative bacteria which are able to utilize the organic compounds present in wastewater as a food source. In the process, a portion of the organic compounds are removed from the wastestream. In the secondary settling tank the biological mass and entrapped influent suspended solids are removed and excess quantities are wasted to the sludge system. For nitrification or nitrogen removal, additional biological treatment stages can be added. Likewise, as community growth or treatment site consolidation occurs, system capacity can easily be expanded. Facility construction would include flexibility to operate in the conventional activated sludge, step aeration, and contact stabilization modes of the activated sludge process. This permits the City to adjust to varying influent conditions without sacrificing effluent quality. One option available to the City would be to install multiple packaged treatment systems as described in the following Case 5 text. This provides short-term treatment (minimal investment left after the twenty year study period) at an construction cost savings of approximately $2 million. However, a life cycle cost analysis shows no economic advantage for using the packaged — treatment systems in this application. — Case 5. Due to the small flow transported to the Sand Road Site under this alternative it is not cost effective to construct the nucleus of a permanent treatment plant. As indicated in Figure 4-1, a packaged plant consisting of an activated sludge system operating in the extended aeration or contact stabilization mode iwould provide the most cost-effective secondary treatment. This t system is easily expanded by adding multiple units in parallel. + Site disturbance is minimal so that future construction, if desired, would proceed unhindered by this proposed small flow treatment system. -13- 7,3 .L recycled secondary sludge is aerated and mixed in tanks and then transferred for separation in secondary clarifiers. The secondary sludge contains a mixture of aerobic and facultative bacteria which are able to utilize the organic compounds present in wastewater as a food source. In the process, a portion of the organic compounds are removed from the wastestream. In the secondary settling tank the biological mass and entrapped influent suspended solids are removed and excess quantities are wasted to the sludge system. For nitrification or nitrogen removal, additional biological treatment stages can be added. Likewise, as community growth or treatment site consolidation occurs, system capacity can easily be expanded. Facility construction would include flexibility to operate in the conventional activated sludge, step aeration, and contact stabilization modes of the activated sludge process. This permits the City to adjust to varying influent conditions without sacrificing effluent quality. One option available to the City would be to install multiple packaged treatment systems as described in the following Case 5 text. This provides short-term treatment (minimal investment left after the twenty year study period) at an construction cost savings of approximately $2 million. However, a life cycle cost analysis shows no economic advantage for using the packaged — treatment systems in this application. — Case 5. Due to the small flow transported to the Sand Road Site under this alternative it is not cost effective to construct the nucleus of a permanent treatment plant. As indicated in Figure 4-1, a packaged plant consisting of an activated sludge system operating in the extended aeration or contact stabilization mode iwould provide the most cost-effective secondary treatment. This t system is easily expanded by adding multiple units in parallel. + Site disturbance is minimal so that future construction, if desired, would proceed unhindered by this proposed small flow treatment system. -13- 7,3 .L / I� ' 1 .1 �I�I Gs Eii 111E 111G.. .. :. _T_�.__.�_6�E�FQP:;l Ii:;Pla__..-_le;:xea__ _�—___ra—_—=__�_ _ _ n n Summary. The treatment systems described in this chapter are f%c ther illustrated by the figures in Chapter VII - Alternative Descriptions. Effluent standards may impact some process _ selection or operation, and existing soil profiles at the Snyder Creek site can affect the practicality of using an aerated jlagoon. Likewise, depending on soil conditions and State 1 approval, rapid infiltration land treatment may be a cost- effective alternative for wet weather flow treatment at the existing plant site. These matters should be investigated and finalized prior to initiating any design effort. However, no significant impact on alternative selection is expected to result from these future considerations. —15— %3.A I i i I i i I- I Chapter V Equalization Flow equalization can provide an important function in the design and operation of a wastewater treatment system. Data presented in the Iowa City Facilities Plan suggests that there are definite benefits, both operational and economic, associated with providing equalization at the various treatment sites. The influent flow data is characterized by uncommonly high hydraulic peaking factors, evident for short periods of time. By reducing these peaks, flow equalization permits the use of smaller unit processes and allows these treatment systems to operate under more uniform conditions. An equalization basin acts to reduce or eliminate hydraulic peaks and in many cases will also cause a reduction in the peak solids loadings, as well. Although any design effort would require additional and accurate hydrograph data, equalization basin capacities can be estimated using the flow information presented in the Facilities Plan. Figures 5-1 and 5-2 illustrate the hydrographs used during the Phase II study to determine peaking factor reductions and storage volumes. Due to the profiles of the existing and proposed sewers and the elevation contours of the existing and proposed treatment sites, excessive influent flows must be pumped into the equalization basin. At the existing treatment plant site, the flows will then either proceed by gravity to the stormwater clarifiers or be pumped back through the trickling filter system once the influent flow rate permits. The Sand Road site basin will receive excessive flow for storage until such time that it can be passed through the treatment plant. All equalization basins will be sized so that 100 percent of the flows generated by the design storm event will receive equivalent secondary treatment to meet the required effluent standards. -16- 73.z 1 9 1.0 0.5 TYPICAL DRYS WEATHER PUMPAGE 0 2 4 8 8 10 12 2 4 6 6 1G 12 AUGUST 15, 1977 AUGUST 16, 1077 FIG. 5-1. WATER POLLUTION CONTROL PLANT UNIT HYDROGRAPH -17- /,3-Z i W I- 0 0 LL AUGUST 15, 1977 AUGUST 1E, 1977 FIG. 5-2. DOWNSTREAM SOUTHEAST TRUNK UNIT HYDROGRAPH OW 73-2 I _ I i - AUGUST 15, 1977 AUGUST 1E, 1977 FIG. 5-2. DOWNSTREAM SOUTHEAST TRUNK UNIT HYDROGRAPH OW 73-2 Physically, the basins will be constructed from earth berms, a bentonite liner, and riprap reinforcement along the inside slopes. Figure 5-3 shows a sectional view of a typical berm. Frequency and duration of use may require the installation of mixing devices inside the basins. Their purpose would be to prevent solids deposition, retard anaerobic conditons, provide organic load uniformity, and provide some aeration throughout the basin. Two operating conditions are possible. First, the basin could be lined. This would allow a washdown to occur after each storm event without creating an erosion problem. If base .. conditions are favorable (stable, well -drained sand or gravel), an asphalt liner could be used. Otherwise, a cement or soil f cement would be required. The second and least costly option 1 would be to operate the basin in the wet -bottom mode. This would limit erosion and weed growth, however the potential for odors may make this option an undesirable choice. If required, the equalization basins can function in a dual i role. With the additional expense of providing a structural cover over the basin, it may serve as a parking facility or a recreational area, including tennis and/or basketball courts. Although the additional construction costs would be substantial, in some cases the extra benefits achieved may justify this type of construction. Site availability and proposed land use are two considerations that may warrant' the construction of dual purpose equalization basins. -19- 73z EXIETINO MADE ` 12' T IIIPIIAP 4 0 1� 1�-4 MAX.WATEN ELEV. I n — (VARIES) BENTONITE LINEA FIG. 5-3. EQUALIZATION BASIN TYPICAL BERM SECTION Chapter VI r - Cost Estimate t _ Treatment system cost estimates for Phase II of the study were based on information published by the Environmental Protection Agency (EPA) intended for use by engineers and planners to develop and compare costs associated with structural control alternatives. Cost data is generalized rather than site specific, and best utilized for comparative analysis only. A detailed cost analysis will be included in the Phase III effort. The Phase II estimates for sewer construction were based on historical bid tabulations compiled by the EPA and are once again intended for general comparative purposes. The unit costs as iindicated in the Phase I report included all costs associated — with sewer construction: excavation, backfill, pavement replacement, restoration, manholes, pipe, utility relocation, mobilization, and contractor's overhead and profit. Costs were adjusted to reflect increased difficulty for construction due to the reported wet conditions. Detailed soil analysis is required before the designs are finalized. Multipliers were utilized to reflect varying installation conditions. For example, the uncongested or open country installation multiplier was 0.67, resulting in a one-third reduction in the unit cost as listed. All Phase II cost estimates are escalated to reflect dollars in — the year 1990 which represents the estimated mid -point of construction. To accurately escalate the costs, the ENR Construction Cost Index (CCI) was utilized. Assuming a modest inflation rate based on current trends of less than 58 annually, the ENR CCI for the year 1990 is estimated to be approximately j 5400. This value was used to develop the Phase II estimates. The current 20 -Cities Average ENR CCI was 4176 (Feb. 14, 1985). i Phase II cost estimates include all items except land. Land costs will vary from site to site and, depending on future expansion plans, larger than immediately necessary tracts may be purchased. These land cost are relatively insignificant, however, and would amount to somewhere between $100,000 and $360,000 based on $4,500 per acre. Construction costs, annual operation and maintenance (0&M) costs, and total present worth costs are all identified in this report. The total present worth comparison takes into account the varying expenses due to operation and maintenance of the total treatment system. This will help identify energy or maintenance intensive elements and account for reduced ,a construction costs in lieu of increased 0&M expenses. in addition, the alternative costs found in Chapter VII, Alternative Descriptions, include allowances for contingencies and project costs. The contingency is used to account for unknown conditions that may be encountered during construction and for the accuracy of the cost curves used to determine the construction costs. The additional factor for project costs is to cover administrative, legal, and engineering fees, as well as fiscal expenses incurred during construction. The present worth value represents the sum total of the capital costs and the present day value of the 0&M costs over the study period; in this case, twenty years. The present worth is the ^, money required initially to fund all construction costs, with J enough money remaining to cover all 0&M costs over the twenty year period, after it is invested at an assumed interest rate. These 0&M costs include labor, materials, energy, and chemicals. The construction costs identified in the Phase 'II analysis were based on collecting and transporting 100 percent of the ultimate wastewater flows, while treating that portion generated by the -22- -73 a�- design storm event in the design year. In actuality, some of the proposed alternatives may be constructed in a phased manner, spreading the cost of the completed system over several years. The cost item "Existing Plant Expansion" in Chapter VII includes a new pumping facility with bar screens and a belt filter press installation for sludge dewatering. "Existing Plant Rehabilitation" costs cover upgraded grit tanks, digester conversion to a single stage, high -rate system, and miscellaneous improvements such as replacing gate guides, gratings, rotary distributors, methane gas utilization, clarifier effluent launders, and concrete repairs. �1 `1 i J -23- ;7,3.2- j Alternative 2 ; Collection/Transportation system - The Southeast Interceptor System will be constructed to transport flows to the Sand Road Itreatment site. This sewer system will divert flows away from _ the Rundell Street Trunk Sewer and will provide additional sewer capacity to accommodate future residential and commercial development in the southeast portion of the Study Area. Also, the University Heights and Outfall Relief Sewers will be constructed as proposed in the Facilities Plan. Sewer - rehabilitation will continue in accordance with the recommendations of the Sewer System Evaluation Survey, primarily in the downtown area. The Heinz, Fairmeadows, and Village Green J Lift Stations will be abandoned. _I Treatment System - Alternative 2 incorporates two sites for the treatment of wastewater flows generated within the Study Area. The existing plant will be rehabilitated and expanded to treat J additional flows from the design storm event. This expansion will require abandoning the existing sludge lagoons and installing belt filter presses for sludge handling. Pumping the sludge to lagoons at the Sand Road site rather than dewatering the sludge at the existing site is not cost-effective. Stormwater treatment facilities, consisting of clarification and sand filtration will then be constructed. Existing facility j rehabilitation will provide new bar screens and grit tanks, increased influent pumping capacity, digester conversion to a j single -stage high -rate system, methane gas utilization, and - I miscellaneous structural and mechanical repairs/replacements. Provisions will be included to enable effluent from the secondary clarifiers to be routed to the sand filters for additional "polishing" prior to discharge. The satellite treatment facility, located along Sand Road, will treat wastewater flows i from the east and southeast portions of the service area. The treatment process will consist of an activated sludge system designed to meet the 30-30 effluent requirement. Sludge lagoons -24- I 1 0 will be utilized for dewatering the digested sludge. Equalization will be utilized at both treatment sites to dampen the peak flowrates resulting from infiltration/inflow sources during storm events. This will result in a capital cost savings during construction of the facilities. Sludge at both treatment sites will be land applied for ultimate disposal. -25- 73� m BUSTING W WTP .... (72%) •� •?„ 64 112•RO►09ED.. W WTP �. •'��.�� (20%)0 ..`' •• Jp •��•• •• !� OEND i •• - - - FOAL[ PAIN �GRAVITY •••• •••• EWER (6) PIAN "OUR WET WEATHER FLOW SPLIT O EOUALI[ATION LOCATION AN VOLUME ALTERNATIVE •2 -2G- 73a� PRELIMINARY TREATMENT PRIMARY CLARIFIER LIq STA RATION TANKS \ ANAEROSI DIGESTER COMPLEX FINAL CLARIFIER SLUDGE APPROX. SITE AREA : 28 ACRES SAND ROAD SITE - ALT. 2 -2B- V-7- RECIRCULATED FLOW I J - INFLUENT PRIMARY TRICKLING SECONDARY EFFLUENT i CLARIFIER FILTER CLARIFIER I 1 I SLUDGE RETURN i SINGLE STAGE ti TRICKLING FILTER PROCESS I OPTIONAL _ _J INFLUENT PRIMARY I SANG I EFFLUENT CLARIFIER FILTER WASH WATER SUPPLY PRIMARY EFFLUENT FILTRATION i TREATMENT PROCESS SCHEMATICS - ALT. 2 -29- 73a FLOOD BASIN 4 00� AM X19F`OLATION (UNSATURATED UNDERDRAIIS (TO RNEW ZONE) 1 • GROUNDWATER i i 'i RAPID INFILTRATION LAND TREATMENT I � i AERATION TANK RAW EFFLUENT WASTEWATER PRIMARY SECONDARY CLARIFIER CLARIFIER SLUDGE WASTESLUDGE I ii RETURN SLUDGE - CONVENTIONAL ACTIVATED SLUDGE (PLUG FLOW TREATMENT PROCESS SCHEMATICS - ALT. 2 -30- _ 73 � PHWW - peak Hour Wet Weather -31- �3.Z EXISTING WWTP SITE Alternative 2 DESCRIPTION DESIGN LOADINGS UNIT j (Existing and Proposed Expansion) Sewage Pumps 1-3 MGDI TDR = 40' TDH = 40' N/A 1-5 MGD ! 2-8 MGD a TDH = 40' Clarifiers 2-45'0, 10.5' SWD 1,150 gpd/ft2 (PHWW) primary 1-75'0, 10.5 SWD Trickling Filters 4-140, 7' SWD '0 26.2@/1000 ft3/d Final Clarifiers 7'5, 1,200 gpd/ft2 (PHWW) 1-65100, SWD Anaerobic Digesters 1-40 0, 26 SWD Det. times = 28d 0.10 - 0.40 # 3 _ 1-6010, 25' SWD volatile solids/ft 1-7010, 24' SWD M 15,500#/d 1,200 #/meter/hr rl Belt Filter Press .J (Proposed Stormwater Treatment System) ' -' J Sewage Pumps 1-5 MGD TDH = 40' 2-10 MGD a TDH = 40' N/A - 2-25 MGD a TDH = 40' N/A Equalization Basin 5 MG Primary Clarifiers 2-9310, 10.5' SWD 1,490 gpd/ft2 (PHWW) ft2 5-10 gPm/ft2 I -- Sand Filter 4,900 PHWW - peak Hour Wet Weather -31- �3.Z I i a PHWW - Peak Hour Wet Weather -32- 73z PROPOSED SAND ROAD SITE Alternative 2 UNIT DESCRIPTION DESIGN LOADINGS Sewage Pumps 1-1 MGD a TDH = 50� N/A 1-5 MGD ? TDH = 50 ' 3-10 MGD 3 TDH = 50' I Equalization Basin 3 MG N/A ^ Primary Clarifiers 2-651¢, 10.5' SWD 1,500 gpd/ft2 (PHWW) ,.. Aeration Tanks 4-75' x 75', 15' SWD 30$ BOD/1000 ft3 Final Clarifiers 2-7310, 7.5' SWD 1,200 gpd/ft2 (PHWW) Anaerobic Digesters 2-4010, 25' SWD Det. time = 28d 0.10-0.40 9 volatile solids/ft3 Sludge Lagoons 200,000 ft3 N/A PHWW - Peak Hour Wet Weather -32- 73z Alternative 12 COST ESTIMATE, ENR -- 5400 Cost Item $2,233,000 Existing Plant Rehabilitation 5,045,000 Existing Plant Expansion 1,757,000 Equalization 2,080,000 Stormwater Treatment System 7,534,000 Sand Road Treatment Plant 19,617,000 Sewers $38,266,000 $38,266000 Subtotal 5,740,000 Contingency (158) 5,740,000 Administrative, Legal, Engineering (158) $49,746,000 Total Construction Cost 084 TOTAL PRESENT CONSTRUCTION WORTH COST CST ANNUAL PRESENT $49,746,000 $1,317,400 $13,951,000 $63,697,000 -33- 73.2- Alternative tive 6 Collection/Transportation System - Major sewer work includes construction of approximately 758 of the Southeast Interceptor System and the Outfall Relief and University Heights Sewers. _ Piping in the lower portion of the Southeast Interceptor will be sized for the possible future extension of this interceptor - to eliminate the Snyder Creek treatment facility. Due to the construction of the SE Interceptor, the Heinz, Fairmeadows, and Village Green Lift Stations will be abandoned. This region will drain by gravity to the Snyder Creek treatment facility. New sewer capacity will eliminate overloading in - the Rundell St. and Fairmeadows Trunk Sewers, as well as -_, provide residential and industrial development in the opportunities _ southeast •region. A new branch sewer will be constructed along the south extention of Sycamore St. providing sewer service for residential growth in that region. Rehabilitation of existing sewers will continue as recommended in the Sewer System Evaluation Survey. i - - Treatment System - Wastewater flows will be treated at three different locations. The trickling filter facilities at the existing treatment plant site will continue to treat a significant portion of the total flow generated within the Study Area. The existing plant would be upgraded as described in Alternative 2. Additionally, a separate stormwater treatment system will be constructed in parallel to the dry weather flow facilities at this site. An equalization basin will be utilized to dampen the peak wastewater flows during a storm event. This results in a cost savings associated with the construction of smaller capacity treatment systems. Wet weather flows will receive treatment through a primary effluent filtration process. The constructed portion of the SE Interceptor system will convey wastewater flows to a treatment facility along Snyder Creek. This facility will utilize an aerated lagoon biological treatment process to -34- %3-z- achieve discharge standards. Likewise, another small flow treatment plant with sludge lagoons will be constructed at the Sand Road site. See Chapter IV for discussion of the All n,W treatment systems will EXISTING wwTP N ••y�J LEGEND . . A• FORCE WAIN SNAVITT E[w[R ............ (S) PEAK NOUN WET WEATHER FLOW E►LIT O EQUALIZATION LOCATION AND VOLUME ALTERNATIVE t6 -36- 1 i 1 1 I 1 i I I 1 1 I ! -- _IIIN• •I Y�II I 1111 111111 1 •i W1 1 LI NYS 41 �1I l'4011 RIT TANK 1•'•`•Y' I�Y11 Nrylr 1NNIr _ IIYIIII 1�Y1111 — RI111.OIII m 1 Y1.11 M 1411 +t PUMPING BTA I N y u•11 uw I — i Bass MaP by Veenslra & Klmm. 0-4 IIIN.\ � ,wul�: �. J t1Y1,i4 OO OIIe. VWATER CLARIFIER II e BFP—Balt Filter Press EXISTING WWTP SITE - ALT. 6 •-37- 73� -R-fes PUMPING STATIONI �I APPROX. SITE AREA : 25 ACRES SNYDER CREEK SITE - ALT. 6 I APPROX. SITE AREA : 7 ACRES SAND ROAD SITE - ALT. 6 i RECIRCULATED FLOW PRIMARY TRICKLING SECONDARY EFFLUENT INFLUENT CLARIFIER FILTER CLARIFIER I SLUDGE RETURN I SINGLE STAGE TRICKLING FILTER PROCESS I OPTIONAL- - - - J I I PRIMARY I SAND EFFLUENT INFLUENT CLARIFIER FILTER WASH WATER SUPPLY PRIMARY EFFLUENT FILTRATION TREATMENT PROCESS SCHEMATICS - ALT. 6 -40- 7,3z a FLOOD BASIN Ll I SIM L PERCOLATION (UNSATURATED UNDERORANS (TO RNER) J'� ZONE) GROUNDWATER RAPID INFILTRATION LAND TREATMENT _ PRIMARY REAERATION CONTACT SECONDARY RAW CLARIFIER TANK TANK CLARIFIER WASTEWATER SLUDGE RETURN WASTE SLUDGE SLUDGE CONTACT STABILIZATION I — ACTIVATED SLUDGE PROCESS PROCESS TREATMENT PROCESS SCHEMATICS — ALT. 6 -41- 73z- PHWW - Peak Hour Wet Weather -42- 7,3,Z, EXISTING WWTP SITE Alternative 6 UNIT DESCRIPTION DESIGN LOADINGS (Existing and Proposed Expansion) Sewage Pumps 1-3 MGD � TDH = 40' N/A 1-5 MGD i TDH = 40' 2-8 MGD ? TDH = 40' lPrimary Clarifiers 2-4519X, 10.5' SWD 1,150 gpd/ft2 (PHWW) 1-7510, 10.5' SWD ^ Trickling Filters 4-14019F, 7' Rock Media 26.2#/1000 ft3/d Final Clarifiers 1-6010, 7.5' SWD 1,200 gpd/ft2 (PHWW) 1-75'(X, 7.5' SWD J Anaerobic Digesters 1-40'0, 26' SWD Det. time = 28 d 1-6010, 25' SWD 0.10 - 0.40 # volatile solids/ft3 1-701¢, 24' S -AD n Belt Filter Press 15,500#/d 1,200 #/meter/hr (Proposed Stormwater Treatment System) Sewage Pumps 1-5 MGD ! TDH = 40' N/A 2-10 MGD ? TDH = 40' J 2-25 MGD j TDH = 40' Equalization Basin 5 MG N/A Primary Clarifiers 2-9310, 10.5 SWD d 1,490 gp /ft2 (PHWW) n J Sand Filter 4,900 ft2 5-10 gpm/ft2 PHWW - Peak Hour Wet Weather -42- 7,3,Z, i PHWW - Peak Hour Wet Weather -43- 73a PROPOSED SNYDER CREEK SITE Alternative 6 I, UNIT DESCRIPTION DESIGN LOADINGS Sewage Pumps 2-3 MGD ) TDH = 40' N/A 3-10 MGD ? TDH = 40' Aerated Lagoon 16 MG (4.9 Ac) 0.7-1.4 X02/#BOD i removed i Rock Filter 1,800,000 ft3 1.5-5.5 gal/d/ft3 ' i PROPOSED SAND ROAD SITE Alternative 6 UNIT DESCRIPTION DESIGN LOADINGS Sewage Pumps 2-2 MGD I TDH = 50' N/A Contact Stabilization (Packaged Plant) 1-3019f, SWD = 10' 60X BOD/1000 ft3 PHWW - Peak Hour Wet Weather -43- 73a i Alternative #6 _ COST ESTIMATE, ENR = 5400 Item Cost Existing Plant Rehabilitation $2,233,000 Existing Plant Expansion 5,045,000 Equalization 1,757,000 — Stormwater Treatment System 2,080,000 Snyder Creek Treatment System 2,809,000 Sand Road Treatment Plant i 1,397,000 _ Sewers 12,750,000 $28,071,000 $28,071,000 Subtotal J 4,211,000 Contingency (158) 4,211,000 Administrative, Legal, Engineering (158) — $36,493,000 Total Construction Cost CONSTRUCTION 0&M TOTAL PRESENT COST ANNUAL PRESENT WORTH WORTH COST $36,493,000 I $1,035,700 $10,968,000 $47,461,000 -44- 73•�- I I I I, I. I Alternative 8 _ Collection/Transportation. System - Relief sewers would be constructed in the southeast region so that both the Fairmeadows and the Village Green Lift Stations could be abandoned. These gravity lines would direct flows to a new pumping station located near the present-day Heinz Road Lift Station. This new station would convey flows through a force main along Highway 6. A second lift station located at the Pine Street site would divert flows away from the Rundell Street Trunk, eliminating surcharged conditions within the j"Horseshoe Sewer" area during the design storm event. This ,., flow would meet the new force main at a high point along Highway 6, south of the Pine Street site. A third pumping facility would serve future development south in the Sycamore jStreet area. All new force mains converging' at Highway 6 would form a single gravity sewer continuing to the existing WWTP site. The University Heights and Outfall Relief Sewers, and sewer rehabilitation work, would be completed as proposed -' in the Facilities Plan. Treatment System - All wastewater flows will receive treatment at the existing WWTP site. The existing facilities will be upgraded to include new pumping facility, bar screens, grit tanks, digester conversion, methane gas utilization, and miscellaneous structural and mechanical work. A new sludge processing system will allow expansion onto the areas icurrently occupied by the sludge lagoons. Pumping the sludge - to lagoons at a remote site rather than utilizing on-site belt filter presses for dewatering is not cost=effective. The upgraded treatment process will continue to be the treatment system for average day wastewater flows. During a storm event, excess flows will pass through an equalization basin and a stormwater treatment system. This treatment system will consist of clarification and sand filtration. All wastewater flows resulting from the design storm event will receive treatment to meet a 30-30 effluent standard. Sludges will be - dewatered and land applied for ultimate disposal. -45- 71612- i N EXISTING FINE ST. •• _ WIN"LIFT STATION • PROPOSED (100%) O•PUMPINO STATION w • j 127" 33" 1 1 � 7 110" 1 12 1 21" 1 - PROPOSED _ AWp 1 PUMPING STATION e 1 i 3r PROPOSED PUMPING STATION •• r •• OV ••y1J f ti• L[OEND . . . FORCE WIN ....................... • ...... �GRAVITY @[ will (t) PEAK HOUR WET WEATHER FLOW SPLIT _ 0 [OUALIZATION LOCATION AND VOLUME ALTERNATIVE t8 -46- 73 . 2, i i Base Map by Vaanstra & Kimm. / BFP-Belt Filter Press EXISTING WWTP SITE - ALT. 8 —47— 73.2- ` FLOOD BASIN EI4 t PERCOLATION (UNSATURATED ZONE) UNDERDRAINS (TO RIVER) _ i GROUNDWATER I i _ RAPID INFILTRATION LAND TREATMENT i i i i I SAND I I PRIMARY EFFLUENT C w INFLUENT ' CLARIFIER I FILTER rl WASH WATERISUPPLY -OPTIONAL _ ` PRIMARY EFFLUENT FILTRATION ' I _ RECIRCULATED FLOW I r;TEFAPRIMARY ��INFLUENT CLARIFIER FLTER I8LUp0E RETURN SINGLE STAGE j TRICKLING FILTER PROCESS I TREATMENT PROCESS SCHEMATICS -ALT. 8 t _ -49-3z i 0 (Proposed Stormwater Treatment System) 1-5 MGD ! TDH = 40' N/A Sewage Pumps 2-10 MGD ! TDH = 40' 3-25 MGD i TDH = 40' Equalization Basin 7 MG N/A Primary Clarifiers 3-96'0, 10.5' SWD 1,490 gpd/ft2 (pHWW) Sand Filter 6,500 ft2 5-10 gpm/ft2 pHWW - peak Hour Wet Weather -49- EXISTING WWTP SITE Alternative 8 DESCRIPTION PTION DESIGN LOADINGS UNIT (Existing and Proposed Expansion) Sewage Pumps 1-3 MGD a TDA = 40' TDH = 40' N/A 1-5 MGD ! 2-8 MGD i TDH = 40' Primary Clarifiers 10.5' SWD 1-750; 1,150 gpd/ft2 (PHWW) 10.5' SWD 4-140'0, 7' Rock Media 26.2#/1000ft3/d Trickling Filters d ft2 (pHWW) / Final Clarifiers 1_7510, �'S, SWD 1 SWD 1,200 gp Anaerobic Digesters 1-40'0, 26' SWD SWD Det. time = 28d 0.10-0.40 # volatile 1-60'S�, 25' solids/ft3 1-7010, 24' SWD 21,500#/d 1,200 #/meter/hr Belt Filter Press (Proposed Stormwater Treatment System) 1-5 MGD ! TDH = 40' N/A Sewage Pumps 2-10 MGD ! TDH = 40' 3-25 MGD i TDH = 40' Equalization Basin 7 MG N/A Primary Clarifiers 3-96'0, 10.5' SWD 1,490 gpd/ft2 (pHWW) Sand Filter 6,500 ft2 5-10 gpm/ft2 pHWW - peak Hour Wet Weather -49- 9 Alternative 8 COST ESTIMATE, ENR = 5400 Cost I Item $2,233,000 j Existing Plant Rehabilitation 6,792,000 Existing Plant Expansion 1,255,000 Equalization 2,876,000 Stormwater Treatment System 3,268,000 Lift Stations 10,521,000 Sewers $26,945,000 '1 I $26,945,000 Subtotal �i 4,042,000 Contingency (158) Administrative, Legal, Engineering (158) 4,0 42,000 i _ $35,029,000 Total Construction Cost 0&M TOTAL PRESENT CONSTRUCTION ANNUAL PRESENT WORTH WORTH COST COST I$35,029,000 $1,125,000 $11,914,000 $46,943,000 Alternative r n� 11 Collection/Transportation System - Wastewater flows will be diverted away from the upper end of the Rundell Street Trunk Sewer and pumped southward by a new lift station at the Pine Street site. As the force main crosses the high point at Highway 6, it converts to a gravity line and continues south ch of the along the Sycamore Street extension. be The constructeda from the Southeast Interceptor System Fairmeadows Lift Station to the west. These two new sewer systems converge and carry flows to a new treatment site along Sand Road. Relief sewers will be constructed for future development in the village Green area. Also, the University be Heights and Outfall Relief Sewers will recommendedted and in the sewer rehabilitation will proceed as Facilities Plan. Treatment System - Alternative 11 incorporates two sites for the treatment of wastewater flows generated within the Study Area. The existing plant will be rehabilitated and expanded to treat additional flows from the design storm event. •lagoons expansion will require abandoning the existing 9 and installing belt filter presses for sludge handling. Pumping the sludge to lagoons at the Sand Road site is not cost-effective. Stormwater treatment facilities, consisting of clarification and sand filtration, will then be constructed. The sand filters will also be used occasionally for "polishing" of the trickling filter effluent prior to discharge. Existing facility rehabilitation will provide new bar screens and grit tanks, increased influent pumping capacity, digester conversion, methane and utilizatio nicaln and miscellaneous structural repairs/replacements. The satellite treatment facility, located along Sand Road, will treat wastewater flows from the east and southeast regional areas. The treatmentsigned to meet thess will consist of an activated sludge system 30 effluent requirement. Equalization will be utilized at -sl- 732,1 both treatment sites to dampen the peak flowrates resulting from infiltration/inflow sources during storm events. t will be dewatered in Digested sludge at the Sand Road plan i�,nnns and sludges from both treatment sites will be 7 EXISTING WWTF N •PROPOSED so PUMPING STATION •••• 1 1 24'• ••JOS ••4� LEOEND / / / PORCE MAIN GRAVITY [EWER •'•'••••••'••• (t)FEAR HOUR WET WEATHER FLOW SPLIT 0 EQUALIZATION LOCATION AND YOLYY[ ALTERNATIVE #11 —53— �P13z Base Map by Vaenstra 6 Klmm. DIV. .1.1Y IAI BFP-Belt Fllter Press EXISTING WWTP SITE - ALT. 11 —54- 73a. I ► It "7 PRELIMINARY TREATMENT frm E! PRIMARY CLARIFIER STA AERATION TANKS \ i RIVER 3LUDOE LA000 REA .I 66 r �i APPROX. SITE AREA : 26 ACRES SAND ROAD SITE - ALT. 11 -55- ANAER001C DIGESTER s6 x COMPLEX I K FINAL CLARIFIER I I 79z i RECIRCULATED FLOW PRIMARY TRICKLING SECONDARY EFFLUENT INFLUENT CLARIFIER FILTER CLARIFIER I SLUDGE RETURN SINGLE STAGE I TRICKLING FILTER PROCESS I OPTIONAL - - r -- i CCLARMIFIERI; RY I SAND INFLUENT EFFLUENT FILTER WASH WATER SUPPLY PRIMARY EFFLUENT FILTRATION TREATMENT PROCESS SCHEMATICS - ALT. 11 -56- 79Z i FLOOD BASIN i � k L I�IMIII PERCOLATION (UNSATURATED 1 111 _ UNDERDRAW(TOS O RIVER) ZONE) 1 - GROUNDWATER i RAPID INFILTRATION LAND TREATMENT I AERATION TANK I rWASTE ENT RAW PRIMARY (y WASTEWATER CLARIFIER SLUDGE _. RETURN SLUDGE CONVENTIONAL ACTIVATED SLUDGE (PLUG FLOW)ACTIVATED SLUDGE (PLUG FLOW? I i i i TREATMENT PROCESS SCHEMATICS -ALT. 11 -57- ;71-3z I i i PHWW - Peak Hour Wet Weather . 7�z EXISTING WWTP SITE Alternative 11 UNIT DESCRIPTION DESIGN LOADINGS (Existing and Proposed Expansion) Sewage Pumps 1-3 MGD a TDH = 40' N/A 1-5 MGD ! TDH = 40' 2-8 MGD ! TDH = 40' Primary Clarifiers 2-4519X, 10.5' SWD 1,150 gpd/ft2 (PHWW) 1-7510, 10.5' SWD Trickling Filters 4-14019f, 7' Rock Media 26.2$/1000ft3/d Final Clarifiers 1-6010, 7.5' SWD 1,200 gpd/ft2 (PHWW) 1-75'91, 7.5' SWD Anaerobic Digesters 1-4010, 26' SWD Det. time = 28d 1-6010, 25' SWD 0.10-0.40 # volatile solids/ft3 1-7010, 24' SWD Belt Filter Press 15,500#/d 1,200 #/meter/hr (Proposed Stormwater Treatment System) Sewage Pumps 1-5 MGD ! TDH = 40' N/A 2-10 MGD a TDH = 40' 2-25 MGD ! TDH = 40' Equalization Basin 5 MG N/A Primary Clarifiers 2-9310, 10.5' SWD 1,490 gpd/ft2 (PHWW) Sand Filter 4,900 ft2 5-10 gpm/ft2 PHWW - Peak Hour Wet Weather . 7�z Sludge Lagoons 200,000 PHWW - Peak Hour Wet Weather -59- �3z PROPOSED SAND ROAD SITE Alternative 11 DESCRIPTION DESIGN LOADINGS UNIT Sewage Pumps 1-1 MGD ? TDH = 50' TDH = 50' N/A 1-5 MGD ? 3-10 MGD ) TDH = 50' Equalization Basin 3 MG N/A Primary Clarifiers 2-6510, 10.51 SWD 1,500 gpd/ft2 (PHWW) 4-75' x 75', 15' SWD 30# BOD/1000 ft3 Aeration Tanks 1,200 gp /ft2 (PHWW) d Final Clarifiers 2-7310, 7.5' SWD Anaerobic Digesters 2-40'{6, 25' SWD Det. time = 28d 0.10-0.40 # Volatile Solids/ft3 ft3 N/A Sludge Lagoons 200,000 PHWW - Peak Hour Wet Weather -59- �3z Alternative #11 COST ESTIMATE, ENR = 5400 Cost Item $2,233,000 - Existing Plant Rehabilitation 5,045,000 Existing Plant Expansion 1,757,000 i - Equalization 2,080,000 Stormwater Treatment System 7,534,000 _ Sand Road Treatment Plant 1,091,000 _ Lift Station 11 321,000 Sewers $31,061,000 1 I $31,061,000 Subtotal 4,659,000 Contingency (158) Administrative, Legal, Engineering (158) I _4,6659,000 $40,379,000 Total Construction Cost O&M TOTAL PRESENT CONSTRUCTION' ANNUAL PRESENT WORTH WORTH COST COST $40,379,000 �I $1,335,400 $14,142,000 $54,521,000 -60- �3z Chapter VIII Alternative Evaluation Financial. Construction cost estimates for the alternatives selected for the Phase II study ranged from $35,029,000 to $49,746,000. Alternative 2 was the most costly primarily due to the larger quantity of sewer installed. Additionally, this cost included the nucleus of a new central wastewater treatment facility, something lacking in Alternatives 6 and 8. Alternative 8 invests mostly in a new collection/transportation system, Alternatives 6 and 11 primarily fund new treatment facilities, and Alternative 2 does both, thus the significantly higher cost. Alternatives utilizing the activated sludge process for treatment will have higher operating costs due to the power requirement. Likewise, collection systems dependent on pumping stations will display increased costs over gravity systems. The present worth (PW) cost reflects the sum of construction and the operation/maintenance (0&M) costs over the twenty year study period. Construction costs, annual and present worth operation and maintenance expenses and total present worth cost for each alternative are summparized in Table 8-1. Financial ranking, worst to best: Technical. All the alternatives under discussion in the Phase II study accomplish the same technical goals - - collect all wastewater to reduce flooding and eliminate bypassing of untreated wastewater during the design storm. These objectives -61- 7?z Total Present Construction 0&M Worth Cost 1. Alt. 2 1. Alt. 11 1. Alt. 2 2. Alt. 11 2. Alt. 2 2. Alt. 11 3. Alt. 6 3. Alt. 8 3. Alt. 6 4. Alt. 8 4. Alt. 6 4. Alt. 8 Technical. All the alternatives under discussion in the Phase II study accomplish the same technical goals - - collect all wastewater to reduce flooding and eliminate bypassing of untreated wastewater during the design storm. These objectives -61- 7?z i Alternative Construction Cost TABLE 8-1 COST Operation and Annual Cost SUMMARY (ENR = 5400) Maintenance Present Worth i Total Present Worth Cost 2 I $49,746,000 $1,317,400 $13,951,000 $63,697,000 i 6 36,493,000 1,035,700 10,968,000 47,461,000 8 35,029,000 1,125,000 11,914,000 46,943,000 01 N 11 40,379,000 1,335,400 14,142,000 54,521,000 ; I are met using tested, reliable methods while avoiding unproven i innovative and alternative technology. Technical evaluation of I the alternatives comprised assessement of treatment process reliability, mechanical reliability, and the potential effects on, or by, industrial development under each alternative. i Reliability of the treatment process is defined as the inherent ! ability of the process to respond to variations in influent i characteristics. As an example, the activated sludge process is — capable of producing the required 30-30 effluent characteristics under a relatively wide range of influent loadings. In addition, j the potential need to reduce ammonia -nitrogen levels fj •(nitrification) would most readily be achieved by the activated sludge process. The trickling filter process is rather limited in the range of influent characteristics that can be tolerated f will still achieving the required effluent standard. The aerated lagoon process included as part of Alternative 6 is close to the i reliability of the activated sludge system as a result of the I long detention time associated with this process. r _ fThe mechanical reliability evaluation reflects the "equipment complexity" of each alternative. The activated sludge process, which incorporates aeration blowers, diffusers, and in some cases _ supplemental mixing, represents a variety of mechanical equipment and a potential reduction in mechanical reliability. The aerated lagoon process is less complex, however aerators are still required. The trickling filter process is relatively simple from V an equipment standpoint and consequently possesses a high degree of mechanical reliability. The impact of industrial development was evaluated from the perspectives of potential impact of the alternative on industry and impact by industry on the alternative. These perspectives relate to the ability of the treatment system to respond to characteristics of industrial discharges and the associated effect that a particular industrial discharge might have on a specific treatment process. For example, a new "heavy" industry locating in the eastern part of the identified service area could contribute a significant percentage of the total wastewater flow and load to the Snyder Creek treatment facility included as part of Alternative 6. This same industry would not have as great an impact on the treatment process under Alternative 8 where all wastewater from the entire service area is treated at a single facility. An additional consideration associated with the impact of industrial development is the ability of the treatment process to adapt to the wastewater characteristics that are likely to be discharged by industries. As discussed under the process reliability evaluation the ranking of the treatment processes in terms of ability to adapt to varying influent conditions comprises activated sludge as highest ranked followed by the aerated lagoon and trickling filter. The technical ranking presented below for industrial impact represents a combination of the evaluation of significance of an industrial discharge on a particular alternative and the ability of a particular treatment process to adapt to an industrial discharge. Technical ranking, worst to best: Process Mechanical Industrial Impact 1. Alt. 6 1. Alt. 11 1. Alt. 6 2. Alt. 6 2. Alt. 2 2. Alt. q 3. Alt. 11 3. Alt. 6 3. Alt. 2 3. Alt. 2 4. Alt. 8 3. Alt. 11 i Environmental. The objective of the environmental assessment was to determine impacts the alternatives would have on the environment. To determine this impact, they were compared to the existing environmental conditions. -64- �,3.z i There are two basic types of impacts: primary and secondary. _ Primary environmental impacts are those related to construction, operation, and maintenance of the proposed facilities. They 1 would include damage to historical, archaeological, and _. recreational areas; damage to surface water quality due to construction; and displacement of households. Secondary impacts include changes in land use, population, and jeconomic growth resulting from the alternative implementation. Secondary impacts also include changes such as air and water pollution and damage to sensitive ecosystems. Table 8-2 compares various factors associated with the four alternatives under discussion. Flood plains, wetlands, wild and scenic rivers, endangered species, and coastal zones were deemed ^ "no impact" and omitted from consideration. - Environmental ranking, worst to best: 1. Alt. 6 2. Alt. 8 3. Alt. 2 4. Alt. 11 j Implementation. The four alternatives evaluated in Phase II vary from each other in several .ways. Alternative 6 requires obtaining two sites for satellite treatment plants, Alternatives 2 and 11 one each, while Alternative 8 makes use of the existing _. site exclusively. While identical in treatment requirements, Alternatives 2 and 11 differ significantly in interceptor routings with Alternative 2 requiring additional easements for the increased amount of interceptor sewer. Securing these new isites or easements may prove to be difficult depending on their location (within or outside the corporate limits), number of t Staging present owners, proximity of adjacent residences, etc. construction efforts in the attempt to spread the costs over a -65- ? 7d � TABLE 8-2 -66- 73.7- Alternative Environmental Issue 2 6 8 11 Fish and wildlife 0 - 0 0 Cultural resources 0 0 0 0 Land use + - + + Agricultural land - -- 0 - Recreational open space 0 0 0 0 Public facilities and services ++ ++ + ++ Air quality - - - Water quality ++ + + ++ Noise + + 0 + Odor -- - - Solid waste - + 0 - Social and economic - + - + Total +1 -1 0 +3 Key: ++ major beneficial impact, + beneficial impact -- major adverse impact, - adverse impact 0 no impact TABLE 8-2 -66- 73.7- i longer period of time may be applicable to some of the i alternatives. Phasing opportunities will be studied in greater detail during the Phase III Report effort. fImplementation ranking, worst to best: 1. Alt. 6 2, Alt. 2 f 3. Alt. 8 f E 4. Alt. 11 I Flexibility. Flexibility to respond to changing parameters is an important element of any planning effort. A higher growth rate than anticipated may occur, with the City reaching its projected l population growth in less than the twenty year planning period. Another change may occur if geographical growth patterns and pressures change. This may result in an excess capacity of public facilities and services in some areas while insufficient capacity exists in other areas. The ability to adjust to - population dynamics varies within the alternatives under discussion. Alternative 8 is limited by both the single plant location and the site area available for expansion. Alternative 6 is limited due to the drainage area served by the Snyder Creek treatment facility. Alternatives 2 and 11 offer the highest idegree of flexibility to receive unanticipated quantities of wastewater from anywhere within the Study Area. A change in effluent standards requiring a higher degree of treatment could make a system dependent on trickling filters obsolete. Activated sludge treatment performance could more readily be adjusted to meet more stringent effluent standards, including nitrification if necessary. Treatment for Alternatives 2 and 11 are identical, thus their common ranking. -67- ;73z I . I 1 1 to best: 1 i i I . ;73,z Flexibility ranking, worst to best: Rapid Growth - Geog. Change - Eff. Standards Change - 1. Alt. 8 1. Alt. 8 1. Alt. 6 _ 2. Alt. 6 2. Alt. 6 2. Alt. 8 3. Alt. 11 3. Alt. 2 3. Alt. 2 ! I — 4. Alt. 2 4. Alt. 11 3. Alt. 11 i - Summary. The overall result of this evaluation are summarized below and indicate that the most favorable alternative is Alternative 11 followed by Alternatives 2, 8, and 6. Refer to Table 8-3 for additional considerations. Alternative r 2 6 8 11 7 Financial Construction 1 3 4 2 O&M 2 4 3 1 PW 1 4 3 2 Technical Mech. reliability 2 3 4 1 Process 3 2 1 3 Indust. flows 3 1 2 3 Environmental 3 1 2 4 _ Implementation 2 1 3 4 Flexibility Rapid growth 4 2 1 3 iGeogr. change 3 2 1 4 Eff. stndrd. change 3 1 2 3 i TOTAL 27 30 24 26 -68- ;73,z TABLE 8-3 A SUMMARY OF ADDITIONAL CONSIDERATIONS ADVANTAGES/DISADVANTAGES Alternative Advantage Disadvantage 2 Existing plan availability. Operational complexity (WWTP). Treatment flexibility. Eliminates lift stations. 6 Some use of existing plans. Uncontrolled eastern growth. Eliminates lift stations. Limited drainage area to Low sludge production. Snyder Creek WWTP. 8 Central WWTP. Limited room for expansion. Max. utilization of Continuous pumping. existing WWTP. Operational complexity (sewers). 11 Treatment flexibility. Operational complexity (WWTP). City of Iowa City MEMORANDUM Date: April 12, 1985 To: City Council From: City Manager//te% t..^—'---';) Re: Dollar Savings in Fuel As a result of a change in purchasing fuel, the City will save approxi- mately $55,000 in 1985. During 1983 various members of the City staff worked to develop a bidding and purchasing process which is responsible for this savings. These savings will continue to accrue to the City in each subsequent year. In addition because the City is providing fuel to SEATS and the Iowa City School District, each agency will save approximately $2,000 on the fuel contract this current year. Changes of this nature by the administrative staff contribute signifi- cantly to being able to provide services at the lowest cost possible. /sp 733 City of Iowa City ,- MEMORANDUM Date: March 27, 1985 To: Rosemary Vitosh, Director of Finance From: Cathy Eisenhofer, Purchasing Agent Re: Fuel Contract Approximately $55,000 in fuel purchases will be saved in FY85 due to a bidding procedure that was established in FY83. Under the current contract, prices are adjusted biweekly to reflect market fluctuations rather than in the past the pump price was the base and the City was given a discount of four cents per gallon for a transport load (7000 gallons) and two cents per gallon for a tank wagon load (50-2000 gallons) delivered to various City fuel storage sites. During the current contract, prices are adjusted up or down based upon the average base price of petroleum product as published in the base. U.S. Oil Week; Des Moines, Iowa terminal State of Iowa DOT bid specifications were customized to the City's needs and has resulted in savings of approximately $4,000 over directly buying off the state contract. The City vehicles rather than utilizes buys gseparate Diesel /le and Diesel e#2gfuel baseddiesel vehicle type. Operating efficiency is not impaired and the practice is cost justified. The following reflects the savings the City is noticing compared to the March 22, 1985 pump price: Pum Price Current eekl Fuel Type 3-22-85 FY83 discount` Adwustment* Regular fuel $1.09 Unleaded fuel $1.16 Premium diesel $1.31 12 fuel $1.05 $1.00 $1.12 $1.04 $1.27 $1.07 State Federal Tax Tax $.13 $.09 $.13 $.09 $.155 $.15 *The City is exempt from paying state and federal tax on fuel purchases but the tax was included for comparative purposes to pump pricing. In FY84 the City of Iowa City extended to the Iowa City School District the use of our fueling facility and fuel contract pricing. In FY85, the schools will save approximately $2,000 due to the fuel contract. In July 1984, Johnson County SEATS was also extended the use of the City's fueling facility. SEATS will also save approximately $2,000 from the use of the fuel contract in FY85. The addition of these two agencies has added approximately 40,000 gallons of fuel a year to the City's contract but has resulted in a cost savings of approximately $4,000 to the two agencies. Also, during the past year the Johnson County Secondary Road De- partment has contacted me for a copy of our bid for possible use. Cost savings as these I feel need to be brought to your attention due to a very good contract established by the Purchasing Division. bj3/16 733 City of Iowa City MEMORANDUM Date: April 9, 1985 To: City Council From: City Manage.-11� �) Re: House File 265 The Iowa General Assembly passed and the Governor has signed a bill which permits cities to enter into agreements with developers on a rezoning application or approval of a site development plan. The agreement may impose certain reasonable conditions "to satisfy public needs" which are directly caused by the requested rezoning or site development plan. This legislation essentially establishes contract zoning in Iowa. A copy of the bill is attached. This legislation may be helpful in particularly difficult zoning cases in which circumstances are such that a given zoning density is appropriate for a piece of land only if limitations can be placed on the use or design of the development. Conditions which address traffic concerns, density or compati- bility with neighboring uses may be appropriately addressed under this legislation. Conceivably it could be used to assist in the financing of public needs such as trunk sewer lines and open space. All conditions must be reasonable and must satisfy a public need directIX caused by the requested zon7n—g—o-F-s1le development. The staff, the p ann ng and Zoning Commission and the City Council will be much more involved in negotiating specific terms and conditions for rezonings and site development. However, use of this power will require a great deal of caution. /sp 73T HOUSE FILE 265 AN ACT AUTHORIZING A CITY OR A COUNTY TO IMPOSE ADDITIONAL CONDITIONS ON PROPERTY OWNERS AS A CONDITION TO ZONING CHANGES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA' Section 1. Section 258A.7, Code 1985, le amended to reed as followst 75ah.7 CHANGES AND AMENDMENTS. Such The regulations, restrictions, and boundaries mays from -time -to -timet be amended, supplemented, changed, modified, or repealed. Notwithstanding section 358A.4, as a pat of an ordinance changing land fro. one Coning district to another soning district or an ordinance approving a site development pl board of supervisors mayImpose conditions on a property which are in addition to existing regulations It the additional conditions have been agreed to In writing by the property owner before the public hearing required der this section or any adjournment of the hearing. The conditions must be reasonable and imposed to satisfy V km House File 265, p. 2 public needs which are directly caused by the requested change. In case, however, of a protest against such the change signed by the owners of twenty percent or more either of the area included In each the proposed change, or of the area immediately adjacent thereto to the proposed change and within five hundred feet of the boundaries thereof of the proposed change, seem the amendment shall not become effective except by the favorable vote of at leapt sixty percent of all of the members of the board of supervisors. The provisions of section 058A.6 relative to public hearings and official notice shall apply equally to all changes or amendments. Sec. 2. Section 411.5, Code 1985, is amended to read as followst 414.5 CHANGES -- PROTEST. The regulations, restrictions, and boundaries may, from time to time, be amended, supplemented, changed, modified, or repealed. Notwithstanding section 414.2, as a part of an ordinance changing land from one toning district to another Coning district or an ordinance approving a site development plan, a council may Impose conditions on a property owner Which are in addition to existing regulations If the additional conditions have been agreed to In writing by the property before the public hearing required under this section or any adjournment of the hearing. The conditions must be reasonabled Imposed t tisfy public needs which are directly caused by the requested change. In case. however, of a written protest against a change or repeal which is filed with the city clerk and signed by the owners of twenty percent or more of the area of the lots Included In the proposed change or repeal, or by the Owners of twenty percent or more of the property which Is located within two hundred feet of the exterior boundaries of the property for which the = change or repeal Is proposed, the change or repeal shall not ;2 become effective except by the favorable vote of at least N three-fourths of all the members of the council. The M 411 House File 265, p. 3 provisions of section 414.4 relative to public hearings and official notice apply equally to all changes or amendments. i DONALD D. AVENSON Speaker of the House I i ROBERT T. ANDERSON President of the Senate I hereby certify that this bill originated in the House and is known as House File 265, Seventy-first General Assembly. JOSEPH O'HERN Chief Clerk of the House Approved 1985 n TERRY E. BRANSTAD Governor , City of Iowa City MEMORANDUM Date: April 12, 1985 To: City Council From: City Manager r_._i' Re: U.S. Supreme Court Decision - Garcia v. San Antonio Metropolitan Transit Authority On February 19, 1985, the U.S. Supreme Court, in a 5-4 decision, ruled that it is constitutional to apply the minimum wage and overtime requirements of the Fair Labor Standards Act [FLSA] to state and local governments. Cities had previously been exempt. In this decision the Supreme Court specifically overruled its 1976 decision in the case of National League of Cities v. Usery in which it held that these requirements do not apply to state and local governments in "areas of traditional governmental functions." Because the courts will always find it impossible to clearly differentiate between traditional and non-traditional functions, it is likely that ultimately these federal regulations will apply to. City functions unless (1) new members change the majority again; (2) Congress exempts municipalities from the Fair Labor Standards Act; or (3) the Labor Department under current administrative guidelines significantly modifies the guidelines. The issue currently is exceedingly muddled and there could be significant change both in the short and long term. It may take the Department of Labor six to twelve months to revise existing regulations or adopt new ones. Also, municipalities and employee bargaining units, including Iowa City, have negotiated working schedules and other conditions of employment which are adversely affected by this decision. The impact, in some instances, may be adverse for both the employee and the City. The recommended course of action for the City is to systematically define the issues which affect the City, develop alternative courses of action to deal with each issue and implement changes as appropriate. While the major issue is overtime pay and work scheduling, particularly for police and fire personnel, there are a myriad of other issues. The Director of Human Relations and the Assistant City Manager will work with the City Manager and the City's collective bargaining consultant, Steve Rynecki, in conjunction with various public agencies such as the Internation- al City Management Association, the National Public Employer Labor Relations Association, the National Institute of Municipal Law Officers and the National League of Cities to identify and address all the issues. Also we will communicate with the Congressional delegation as we attempt to unravel these matters. It appears that a relatively large number of issues could be resolved, particularly for public safety personnel, if the City simply began paying overtime in every instance where the City could conceivably be liable for such payment under the Fair Labor Standards Act. However, there are other 73.5 3 alternative to scheduling and uavailable work weeks, staffi gchanges, t anges, workreassigthe City, nments, etc., all of which should be explored. It is possible that while Iowa City and ll citiesovertimert out ould theseven sues, employees might make demands for payment file lawsuits under provisions of the National Labor Standards Act. Nevertheless, because of the present lack of clarity of existing requirements, applicable alternatives and ultimate requirements, it is not recommended that we pursue a precipitous course of change at this time. The course of action outlined above has been agreed to both by the City legal staff and Mr. Rynecki. The City Council will be advised periodically of the status of the application of the Fair Labor Standards Act as our study and evaluation proceeds. If it is determined that amendments t c llective bargaining agreements are required, appropriate to the City Council. In the interim, please feel free to contact me if you desire additional information. cc: Richard Boyle Anne Carroll Dale Helling Mike Goldberg Dick Craig Dan Daley /sp 735- City of Iowa City MEMORANDUM Date: April 10, 1985 To: City Council From: City Manager / Re: Action of Iowa Department of Water, Air and Waste Management Enclosed is a letter which the Mayor recently sent to the State. In spite of our protestations, the Commission probably will reclassify the Iowa River to a Class A stream. This change will require the City to install both chlorination and de -chlorination equipment which is estimated to cost around $600,000. In addition, this equipment will add approximately $200,000 to the annual operating cost which is about one-third of our total operating/maintenance budget. We do not believe this change is necessary. However, the State staff probably has convinced the Commission that the change should be made and it probably will be. This reclassification change may have a bearing on whether a single discharge or multiple discharge locations are recommended in the wastewater study. From a scientific standpoint, we do not believe that this change is justified and in fact, as is the case with the landfill, the water entering the river from the' wastewater treatment plant probably _is superior to flow which enters the river from other sources of pollution throughout the length of the river. At some point in time, it is hoped that state governmental agencies will somehow reasonably balance the environmental needs of the State with the ability to pay. bdw/sp 734 City of Iowa City MEMORANDUM Date: April 12, 1985 To: City Council From: City Manager/ Re: Electric/Gas Franchises Enclosed is an analysis, by section, of the present and proposed electric franchises. As the substantive provisions of the electric and gas fran- chises virtually are identical, the electric franchise comparison also is applicable to the gas franchise. A City Manager's recommendation appears with each section. These recommenda- tions are predicated on the opinion of the City Attorney that the subjects in the draft regulatory ordinance need not be included in the franchise. A draft of the regulatory ordinance was sent to the City Council on July 22, 1983, and is included again with this memorandum together with the proposed franchise. Portions of the regulatory ordinance relating to the Review Commission and the Utility Specialist were predicated primarily on the establishment on a franchise fee. Other provisions relating to the cutting and trimming of trees (p. 4); public improvements (p. 5); maps and projections (p. 5); excavations (p. 5); reporting requirements (p. 6); underground district regulations (p. 8); and distribution and transmission line requirements (p. 11) are appropri- ate for a regulatory ordinance even though some of these provisions are included in both the existing and proposed franchises. After the City Council has agreed to the appropriate provisions for inclusion in both the regulatory ordinance and the franchise ordinance, the City legal staff should prepare draft documents for Council review. After City Council approval, the changes will be discussed with representatives of the Company. You may find it helpful to refer to the provisions of both franchises and the regulatory ordinance as you read the comparison and recommendations. The franchises will be discussed at the informal Council meeting of April 30. The Resources Conservation Commission will be invited to attend. /sp Enclosures: 1 - Comparison and Recommendations. 2 - Proposed Franchise. 3 - Regulatory Ordinance. 4 - Existing Franchises. cc: Resources Conservation Commission 731 April 12, 1985 Enclosure YI COMPARISON AND RECOMMENDATIONS 1. Grant A. Existing - Sec. 14-1 Term - 25 years, 15 year reopener by City only. B. Proposed - Sec. 1 Term - 25 years, reopener at beginning of eleventh and twenty-first years by either City or Company. C. City Manager's Recommendation. None. 2. Subject to State Law; Not Exclusive A. Existing - Sec. 14-2 Franchise subject to State law and is not exclusive. B. Proposed - Sec. 2 Franchise subject to State law; "any other applicable statute or regulation promulgated by administrative agencies under federal or state law"; also Iowa City codes and ordinances, all as amended. Franchise is not exclusive. C. City Manager's Recommendation. Use language of proposed franchise. 3. Right to Erect Poles, Etc. A. Existing - Sec. 14-3 t - Provides that installations shall create "no unnecessary obstruction" and must comply with "National Electrical Safety Code." Also, requires that wires shall be kept at such an elevation "as to avoid I danger to persons and adjacent property." Includes provisions for trimming trees. 757 N B. Proposed - Sec. 3 Deletes "no unnecessary obstruction provision." Requires compliance with National Electrical Safety Code and adds regulations of Iowa State Commerce Commission. Deletes provisions for elevation of wires and danger to persons and property. Provisions for trimming trees retained. C. City Manager's Recommendation. Include obstruction and elevation language of existing franchise. Trimming trees provision should be deleted from franchise and provision of regulatory ordinance, "Cutting and Trimming," page 4, should be used. 4. Relocation of Installations A. Existing - Sec. 14-4 Requires relocation at company expense; when reasonably required; for following purposes: construction, reconstruction, maintenance or repair "of any public improvement of, in or about any such street or promoting the efficient operation of any such improvement." B. Proposed - Sec. 12 Requires relocation at company expense; as may be required by City; provides for relocation only in the following circumstances: "alteration or change of the grade or location of any street..." Eliminates reference to "construction, reconstruction, maintenance or repair of any public improvement." Requires City to seek reimbursement to company if relocation funds are available from other source. Example: Block Grant project could fund utility relocation; City would be required to use Block Grant funds for this purpose. Also provides new provisions that "Company shall not be required to relocate any electric facilities more than once for each City project." C. City Manager's Recommendation. Include language of existing franchise, with exception of the word "reasonably." 5. Maps of Underground Installations A. Existing - Sec. 14-5 Company to provide maps and update information. B. Proposed - No provision. 737 J C. City Manager's Recommendation. Include language, "Maps and Projections," P. 5, in regulatory ordinance. Eliminate from franchise. I i i6. Street Excavations I Y A. Existing - Sec. 14-6 I Company shall "not unnecessarily obstruct the use of the streets" and make repairs. i Company subject to same regulations which apply to all other per- sons. B. Proposed - Sec. 4 Obstruction and replacement requirements same as existing franchise; provision relating to applicability of same regulations deleted. C. City Manager's Recommendation. Delete excavation requirements from franchise. In the regulatory ordinance delete wording of section on excavations, P. 5, and substitute language stating that company shall be governed by all City ordinances and administrative rules which apply to excavations on public properties. 7. Obligation to Extend Service A. Existing - Sec. 14-7 Etablishes requirement of at least one customer per 200 feet of street and customer agrees to pay for service. B. Proposed - Sec. 6 Extensions in accordance with rules and regulations of I.C.C. C. City Manager's Recommendation. Language of proposed franchise is acceptable. t 8. Hold City Harmless A. Existing - Sec. 14-8 Same as proposed. 737 i 4 B. Proposed - Sec. 5 Same as existing. C. City Manager's Recommendation. Language is acceptable. 9. Obligation to Furnish Energy A. Existing - Sec. 14-9 Same as proposed. B. Proposed - Sec. 7 Same as existing. C. City Manager's Recommendation. Language is acceptable. 10. Rates A. Existing - Sec. 14-10 Provided for rate setting by City and supervision of meter use. B. Proposed - No provisions. Responsibilities of existing ordinance superseded by ICC. C. City Manager's Recommendation. No language necessary. City power has been superseded by ICC. 11. Accounting A. Existing - Sec. 14-11 Requires company to maintain accounting records in accordance with Federal Power Commission standards; file detailed annual report; other information "as may be pertinent to the City Council in determining the reasonableness of the rates being charged"; copy of Federal Power Commission report. B. Proposed - No provisions 73�' 5 C. City Manager's Recommendation. In regulatory ordinance use language, "Reporting Requirements," p. 6. I 12. Right to Inspect Books, Etc. i ! A. Existing - Sec. 14-12 City has a right to inspect books and all records of company. i 1 ` B. Proposed - No provisions r j ( C. City Manager's Recommendation. Include language of existing franchise. 13. Company to Pay for City's Examination of Books, Records, Properties A. Existing - Sec. 14-13 Costs of examining books, appraisals of company property, engineering or legal services shall be paid by company, with not to exceed figure. i B. Proposed - No provision I C. City Manager's Recommendation. Include language of existing franchise. 14, Company Right to Establish Rules and Regulations with City Right to Approve/Disapprove A. Existing - Sec, 14-14 Company authorized to establish reasonable terms, conditions, rules, regulations and deposits; all subject to approval/disapproval by City Council; filing by the Company with the City Clerk required. B. Proposed - Sec. 8 Company authorization continued; City approval provision and filing with City Clerk deleted, C. City Manager's Recommendation. i ! Include language of existing franchise. 73% A 6 15. City Right to Use Company Poles, Etc. A. Existing - Sec. 14-15 City has right to use company property, without charge, for police alarm system, fire alarm system and traffic control system; City holds company harmless for such use. B. Proposed - No provision. C. City Manager's Recommendation. Expand language of existing franchise to include free use of company property for any City alarm, control, or communication function; voice, data or any other medium. 16. Adoption of Police Regulations A. Existing - No provision. B. Proposed - Sec. 9 City will adopt and enforce necessary police regulations to protect poles, wires, etc. C. City Manager's Recommendation. If Company believes regulations are necessary, consider adoption of ordinance which will fulfill those needs, based on specific company request. No need to include in franchise. 17. franchise Binds City and Company, Successors and Assigns A. Existing - No provisions. B. Proposed - Sec. 10 Binding upon successors and assigns; company assignment subject to City Council approval, not to be unreasonably withheld. C. City Manager's Recommendation. Proposed language is acceptable. 18. Condemnation of Private Property A. Existing - No provisions. 737 7 B. Proposed - Sec. 11 Company "shall have power to condemn private property for the purpose i of providing electric service to the public"; upon approval of City Council and after reasonable attempts to purchase. Company must establish necessity. i i C. City Manager's Recommendation. i I Although I am not aware of any circumstance when such action has been i necessary, the provision in the proposedfranchise does not seem j unreasonable, particularly because power is contingent on approval by Cit Council. However, before making a final decision, the Company should provide justification for inclusion of provision. 19. Implementing Provisions of Ordinance A. Existing - Not applicable. B. Proposed - Secs. 13, 14, 15, 16, 17 The foregoing provisions relate to the process for approval. 20. Other Provisions of Regulatory Ordinance. { A. Iowa City Electricity Review Commission and Utility Specialist (pp. 1, 2, & 3) City Manager's Recommendation. None. Council's decision will be predicated on relating to franchise fee. policy issues B. Underground District Regulations. (pp. B, 9, 10 & 11) City Manager's Recommendation. Include underground district regulations in regulatory ordinance. Certain provisions relating to excavations are duplicative of previous provisions (see item 6 above) and should be deleted. C. Review of Company Conservation Program. (p. 11) City Manager's Recommendation. There should be some mechanism for the Company to publicly report locally concerning its energy conservation efforts. This procedure generally seems acceptable. %3� i B 0 0 D. Distribution and Transmission Lines. Requirements. (pp. 11-14) City Manager's Recommendation. Safety regulations are included in 3 above and therefore are not required in this section. I do not believe that it is necessary or desirable to regulate distribution lines as contemplated by the proposed regulatory ordinance. However, regulation of transmission lines would be appropriate through the regulatory ordinance and the zoning ordi- nance. Therefore, section (b); certain provisions of section (c) (relating to reduction in value of property without compensation, if lines cannot be practically located elsewhere and compliance with height limits of zoning ordinance); and section (d) should be retained. The zoning ordinance requires a special exception for utility facilities on private property. The regulatory ordinance is drafted to regulate the erection of transmission lines on public property. Under section (d) of this provision the Company is required to submit certain information. However, there is no explicit approval process. It is recommended that a provision be added which provides that the City Council may approve the construction of transmission lines on public property, when the City Council determines that such construc- tion is in the public interest, based on the information provided by the Company, and that such permission shall not be unreasonably withheld. 737 2AUC L o �2 F Z - P12 s�v A �Ic N/SFS ORDINANCE NO. AN ORDINANCE GRANTING TO IOWA -ILLINOIS GAS AND ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND FRANCHISE TO ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF IOWA CITY, AN ELECTRIC LIGHT AND POWER SYSTEM FOR A PERIOD OF TWENTY -FINE YEARS AND TO FURNISH AND SELL ELECTRIC ENERGY TO SAID CITY AND ITS INHABITANTS. BE IT ENACTED by the City Council of the City of Iowa City: Section 1. There is hereby granted to Iowa -Illinois Gas and Electric Company, an Illinois corporation authorized to do business in the state of Iowa, hereinafter called the "Company", and its successors and assigns, the right and franchise to acquire, construct, erect, maintain and operate in the city of Iowa City, an electric light and power system including the right to erect and maintain the necessary poles, lines, wires, transmission lines, conduits and other appliances for the transmission and distribution of electric energy along, under and upon the streets, avenues, alleys and public places to serve customers within and without said city of Iowa City, for a period of twenty-five years from and after the effective date of this ordinance, and to furnish and sell electric energy to said city and its inhabitants. The City Council or the Company may during the first thirty days of the eleventh and twenty-first years of the franchise, review the franchise, and if deemed desirable by a simple majority of the City Council or the Company, renegotiate and 7$7 i amend the franchise and submit the amended franchise to the voters. Section 2. The rights and privileges hereby granted are subject to the restrictions and limitations of Chapter 364 of the Code of Iowa 1983, the Municipal Code of Iowa City and Iowa City ordinances, all as amended, as well as any other applicable statute or regulation promulgated by administrative agencies under federal or state law, and this franchise shall not be exclusive. Section 3. The Company shall have the right to erect all necessary posts or poles and to place thereon the necessary wires, fixtures and accessories for the distribution of electric energy in and through said city, but all said posts and poles shall be so placed as not to interfere with the construction of any water pipes, drain or sewer, or the flow of water therefrom, which have been or may hereafter be located by authority of said city. The posts or poles and the wires attached to or placed upon them shall comply with the National Electrical Safety Code and the regulations of the Iowa State Commerce Commission regarding construction and clearance requirements. The Company is authorized and empowered to cut and trim in a careful and prudent manner, at its expense, any trees extending into any street, alley, or public ground so as to prevent limbs or branches from interfering with the wires of the Company. The 2. 7-7/ I i obligation of the Company, however, shall not extend beyond ;rimming trees sufficiently to clear the electric wires. Section 4. In making excavations 1n any streets, avenues, alleys and public places for the erection of poles.and wires or other appliances, the company shall not unnecessarily obstruct the use of the streets, and shall replace the surface, restoring the original condition as nearly as practicable. Section S. The Company, its successors and assigns, shall hold said city free and harmless from all damages arising on account of any negligence of said Company, its successors and assigns, in the erection, operation and maintenance of said system. shall Section 6. The Company, its successors and assigns, extend its lines and wires in accordance with rules and regulations approved by the Iowa State Commerce Commission. Section 7. The said Company, its successors and assigns, so long as it shall operate under the terms of this franchise shall furnish electric energy in sufficient quantities to supply the reasonable demands of said city and the inhabitants thereof. The energy furnished shall be of reasonably uniform voltage throughout the city and at all times up to the standard for efficient operation of lights, motors and appliances. The service shall be continuous twenty-four hour service, seven ays a week, unless the Company is prevented from doing so by 3. i storm, acts of God, unavoidable accidents or casualties, and in such event service shall be resumed as quickly as is reasonably possible. Section B. The Company, its successors and assigns, is authorized to impose reasonable terms and conditions upon the furnishing of electric service and reasonable rules and regulations in the operation and conduct of its business. Section 9. All proper and necessary police regulations shall be adopted and enforced by the city of Iowa City for the protection of the poles, posts, wires, lamps and other apparatus of the Company, its successors and assigns. Section 10. This franchise shall apply to, inure to and bind the City and the Company and their successors and assigns: provided that any assignment by the Company shall be subject to the approval of the City Council by resolution, which approval shall not be unreasonably withheld. Section 11. Upon approval of the City Council and after reasonable attempts to acquire by purchase, the Company shall have the power to condemn private property for the purpose of providing electric service to the public. The Company must establish the necessity for each taking of private property and, when so established, the City Council may approve the condemnation of the private property by resolution. 4. 0 Section 12. The Company shall, at its cost and expense, locate and relocate its facilities in, on, over or under any public street in the city in such manner as the city may require for the purpose of facilitating the alteration or change of the grade or location of any street; provided, however, if relocation funds are available from any other source, the city shall take appropriate action to seek reimbursement for and on behalf of the Company; and, provided further, the Company shall not be required to relocate any electric facilities more than once for each city project. Section 13. This ordinance and the rights and privileges herein granted shall not become effective or binding until this ordinance shall have been submitted to and approved by a majority of the electors of said city of Iowa City voting at the next general or municipal election or at a special election called for that purpose. The cost and expense of the election relating to the franchise provided for herein shall be paid by the Company. Section 14. The Company, its successors and assigns, within 30 days after the approval of this ordinance by a vote of the people, shall file in the office of the clerk of the city of Iowa City its acceptance in writing of all the terms and provisions of this ordinance. 5. Section 15. Upon the effective date of this ordinance, all ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 16. If any of the provisions of this franchise ordinance are held to be illegal or void, the lawful provisions, which are separable from said unlawful provisions, shall be and remain in full force and effect. Section 17. This ordinance shall become effective upon passage by the City Council, the approval of the voters as provided in Section 13 hereof, and the acceptance by the Company as provided in Section 14 hereof. PASSED AND APPROVED this day of ATTEST: City Clerk CITY OF IOWA CITY, IOWA By Mayor 6. Ran.?ivrii A Appmvep r7Y�Th: SAI G>p.timant 19_ Glti S fnlc.Lo5/a2.E-#2 ORDINANCE NO. AN ORDINANCE GRANTING TO IOWA -ILLINOIS GAS AND ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, FOR A PERIOD 0£ TWENTY-FIVE YEARS THE RIGHT AND FRANCHISE TO ACQUIRE, ERECT, MAINTAIN AND OPERATE IN THE CITY OF IOWA CITY, A GAS PLANT OR PLANTS FOR THE PRODUCTION, STORAGE, TRANSMISSION, DISTRIBUTION, SALE, DELIVERY OR FURNISHING OF GAS FOR PUBLIC AND PRIVATE USE IN THE CITY OF IOWA CITY AND ELSEWHERE AND TO USE THE STREETS, AVENUES, ALLEYS AND PUBLIC GROUNDS AND BRIDGES IN THE CITY OF IOWA CITY FOR THE PURPOSE OF LAYING, CONSTRUCTING, MAINTAINING, REPLACING AND SUBSTITUTING MAINS, PIPES, CONDUITS AND OTHER FACILITIES FOR THE TRANSMISSION, DISTRIBUTION, SALE, DELIVERY OR FURNISHING OF GAS FOR PUBLIC AND PRIVATE USE IN THE CITY OF IOWA CITY AND ELSEWHERE. BE IT ENACTED by the City Council of the City of Iowa City: Section 1. There is hereby granted to Iowa -Illinois Gas and Electric Company, an Illinois corporation authorized to do business in the state of Iowa, hereinafter called the "Company", and to its successors and assigns for a period of 25 years from and after the effective date of this ordinance the right and franchise to acquire, erect, maintain and operate in the city of Iowa City, a gas plant or plants for the production, storage, transmission, distribution, sale, delivery or furnishing of gas, either natural or manufactured or mixed natural and manufactured, for public and private use in the city of Iowa City and elsewhere 7 and to use the streets, avenues, alleys and public grounds and bridges in the city of Iowa City for the purpose of laying, constructing, maintaining, replacing and substituting mains, pipes, conduits and other facilities for the transmission, distribution, sale, delivery or furnishing of gas for public and private use in the city of Iowa City. The City Council or the Company may, during the first thirty days of the eleventh and twenty-first years of the franchise, review the franchise, and if deemed desirable by a simple majority of the City Council or Company, renegotiate and amend the franchise and submit the amended franchise to the voters. Section 2. The rights and privileges hereby granted are subject to the restrictions and limitations of Chapter 364 of the Code of Iowa 1983, the Municipal Code of Iowa City and Iowa City ordinances, all as amended, as well as any other applicable statute or regulation promulgated by administrative agencies under federal or state law, and this franchise shall not be exclusive. Section 3. The Company shall have the right to excavate in any public street for the purpose of laying, relaying, repairing or extending gas pipes, mains, conduits and other facilities provided that the same shall be so located and maintained as to make no unnecessary obstruction of any drains or sewers, either public or private, or the flow of water therefrom. 2. 7 Section 4. In making excavations in any streets, avenues, alleys and public places for the installation of gas pipes, conduits, or apparatus, the Company shall not unnecessarily obstruct the use of the streets, and shall replace the surface, restoring the original condition as nearly as practicable; and in laying, repairing and replacing mains and pipes, the Company shall conform to all reasonable regulations prescribed by the city to prevent injury to the pavement, streets, alleys, and public places. Section 5. The Company, its successors and assigns, shall hold said city free and harmless from all damages arising on account of any negligence of the Company, its successors and assigns, in the construction, operation and maintenance of said system. Section 6. The Company, its successors and assigns, shall extend its mains and pipes in accordance with rules and regulations approved by the Iowa State Commerce Commission. Section 7. The Company and its successors and assigns as long as it shall operate under the terms of this franchise shall furnish such quantities of gas of good quality as the city and the inhabitants thereof may reasonably demand; provided, however, that such undertaking and agreement shall be subject to such limitations on the use of gas for large -volume commercial or industrial applications, or for space heating as may be provided Kil 7 M by reasonable rules and regulations placed into effect by the Company during any temporary shortage in or permanent diminution of the supply of natural gas with which the Company serves the city of Iowa City and the inhabitants thereof. Section S. The Company is authorized to impose reasonable terms and conditions upon the furnishing of gas service and reasonable rules and regulations in operation and conduct of its business. Section 9. All proper and necessary police regulations shall be adopted and enforced by the city of Iowa City, for the protection of the pipes, mains, conduits, meters and other apparatus of the Company, its successors and assigns. Section 10. This franchise shall apply to, inure to and bind the City and the Company and their successors and assigns; provided that any assignment by the Company shall be subject to the approval of the City Council by resolution, which approval shall not be unreasonably withheld. Section 11. Upon approval of the City Council and after reasonable attempts to acquire by purchase, the Company shall have the power to condemn private property for the purpose of providing gas service to the public. The Company must establish the necessity for each taking of private property and, when so established, the City Council may approve the condemnation of the private property by resolution. 4. M Section 12. The Company shall, at its cost and expense, locate and relocate its facilities in, on or under any public street in the city in such manner as the city may require for the purpose of facilitating the alteration or change of the grade or location of any street; provided, however, if relocation funds are available from any other source, the city shall take appropriate action to seek reimbursement for and on behalf of the Company; and, provided further, the Company shall not be required to relocate any gas facilities more than once for each city project. Section 13. This ordinance and the rights and privileges herein granted shall not become effective or binding until this ordinance shall have been submitted to and approved by a majority of the electors of said city of Iowa City, voting at the next general or municipal election or at a special election called for that purpose. The cost and expense of the election relating to the franchise provided for herein shall be paid by the Company. Section 14. The Company, its successors and assigns, within 30 days after the approval of this ordinance by a vote of the people at the next general or municipal election or at a special election called for that purpose, shall file in the office of the clerk of the city of Iowa City its acceptance in writing of all the terms and provisions of this ordinance. a I n Section 15. If any of the provisions of this franchise ordinance are illegal or void, the lawful provisions, which are separable from said unlawful provisions, shall be and remain in full force and effect. Section 16. Upon the effective date of this ordinance, all ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 17. This ordinance shall become effective upon passage by the City Council, the approval of the voters as provided in Section 13 hereof, and the acceptance by the Company as provided in Section 14 hereof. PASSED AND APPROVED this day of 19_ ATTEST: City Clerk CITY OF IOWA CITY, IOWA By Mayor Received & Approved 6. SY TiLegal DePaAmenf EticLbs02E # ��Ec�kLAToay O/1D/nlRnfL� City of Iowa City July 22, 1983 ELECTRICAL FRANCHISE REGULATORY ORDINANCE Sec. Iowa City Electricity Review Commission (a) Within 120 days of the granting and acceptance of the electrical franchise, there shall be appointed a commission to be known as the Iowa City Electricity Review Commission. (b) The composition and term of members of the Iowa City Electricity. Review Commission shall be determined by the City Council. (c) "City" shall mean the City of Iowa City; "Company" shall mean Iowa -Illinois Gas & Electric Company. (d) The duties of the electricity review commission shall be as follows: (1) Reviewing and auditing reports submitted to the City as required. (2) Conduct a biannual review of the franchise and make recommendations to the City Council %3% i i -z- concerning operational responsibilities of the Company in performing this franchise and amendments to the franchise. (3) Initiate inquiries or receive requests for intervention by the City in rate increase requests filed by the Company before either the Federal Energy Regulatory Commission or the Iowa State Commerce Commission, and provide recommendations on such to the City Council. (4) Receive complaints from customers concerning Company service or billings. The commission may conduct a public hearing upon any complaint concerning service or billings. The hearing shall be conducted pursuant to the Iowa City Administrative Code and following such hearing the commission shall issue its findings and if further action on the complaint is warranted, the commission may recommend to the City Council that the City file a complaint, acting for the complainant, with the Iowa Commerce Commission. Sec. _ Utility Specialist 737 .3- The City Manager is hereby authorized to appoint a ! utility specialist for the purpose of exercising the City's i � continuing regulatory jurisdiction over the franchise. Such ' responsibility shall include, but not be limited to, the following matters: � a) Advise and assist the Electricity Review Commission forth in the Electrical in its duties as set Franchise Regulatory ordinance. f b) Monitor activities of the Company to ensure compliance with the provisions of the Grant of Electrical Franchise Ordiannce and of the I Electrical Franchise Regulatory Ordinance and make recommendations to the Commission about same. c) Under the supervision of 'the Commission Shall investigate such complaints, disputes or disagree- ments as may be directed or referred to the Commission between customers and the Company. d) Report his or her recommendations upon complaints, disputes or disagreements after investigation to the Electrical Review Commission for the issuance of finding.' 737 -4- e) Review and audit reports, records and filings j submitted to the City, and conduct such inspections of the Company's system as may be necessary in support of such review as provided for in the Grant I� of Electrical Franchise Ordinance and in this I ordinance and report on same to the Commission. I j {) Coordinate city -managed energy conservation programs. g) Other such duties as the City Manager or the Commission may assign" ISec. __ Cutting and Trimming i The Company is empowered and authorized to cut and trim in a careful and prudent manner, at its expense, any trees extending into any street, alley or public ground so as to prevent limbs or branches from interferring with the wires of the Company. The obligation of the Company, however, shall not extend beyond trimming trees sufficiently to clear the electrical wires. No cutting or trimming shall be performed in residential street areas without prior approval of the City Forester and said cutting and trimming shall be in ! accordance with standards to be established by the Forester i and only after a permit is obtained. 737 -5 - sec. _ public Improvements iThe Company shall, at its cost and expense, locate and relocate its installations in, on, over, or under any public I street in the city in such manner as the City Council may at i any time require for the purposes of facilitating the I construction, reconstruction, maintenance, or repair of any I public improvement on, in or about any such street or promoting the efficient operation of any such improvement. Sec. _ Maps and Protections j The Company shall furnish to the City Engineer a current map showing the location of all existing overhead and under- ground electrical installations in the city streets and alleys and on private property and shall thereafter furnish the necessary data to allow the City Engineer to maintain such map on a current basis. This data shall be furnished monthly. I In addition, the Company shall furnish projections of all proposed installations at intervals of five years with yearly updates. Sec. _ Excavations In making excavations in any streets, avenues, alleys I and public places for the erection of poles and wires or other appliances, the Company shall provide the City Engineer with 737 -6- 24 hours notice prior to any excavation work being done. A I permit from the City Engineer shall then be issued. A r condition of said permit shall be that the Company agrees to �. restore the original conditions and in grass areas the surface shall be restored with sod. The permit shall not be required in emergencies which require immediate excavation. Sec. Reporting Requirements The following information shall be furnished by the Company to the City Clerk and filed in that office within the times hereinafter set forth: 1. Annual Report to Stockholders (within 30 days of issuance). 2. Form 1, Annual Report, Electricity (FERC) (within 30 days of filing). 3. Form 5, Monthly Statement of Operating Revenue and income, Electric (FERC) (by the 25th of the following month). 4. Form 423, Monthly Report of Cost and Quality Fuels for Electric Plan (FERC) (by the 25th of the following month). 797 -7- 5. Form 3, Typical Monthly Electric Bills (FERC) (within 30 days of filing). 6. 1OK-Annual Report (SEC) (within 30 days of filing). 7. Prospectuses of all future stock issues (within 30 days of filing). 8. Copy of Company's current rate manual and all updates. 9. Simultaneous written notice to the City of any rate increase requests filed by the Company before either the Federal Energy Regulatory Commission or the Iowa State Commerce Commission. 10. A copy of the Company's case in chief for any rate increase proposed before either the Iowa State Commerce Commission or the Federal Energy Regulatory Commission delivered to the City simultaneous with service on either commission. 11. Failure by the Company to timely furnish the required reports shall subject it to a penalty in the amount of $50.00 per day for each day that each report is not filed within the specific time. 757 -8 - Sec. _ Underground District Regulations I (1) When directed by the City, the Company shall I commence placing electric distribution lines underground, at its expense, in the underground district or districts. I � (2) Before commencing the work of placing electric distribution lines underground, the Company shall file with t the city a written statement specifying the particular I streets, alleys, and public highway, or parts thereof, in } which conduits are to be located, the approximate size of the conduits proposed to be used and the distance from the surface of the street to the top of the conduits. (c) The statements required by Sec. (b) of this ordinance shall be accompanied by a map, plan or specifica- tions which shall show the proposed location of the conduits with reference to the streets, alleys and surface of the streets and the approximate dimensions of the conduits and manholes to be used therewith. The proposed locations may be changed by the Department of Public Works of the City if they shall in any way interfere with other conduits, pipes or sewers placed underground. (d) The statement, map, plan or specifications, altered as provided for in Sec. (c) of this Ordinance, after being corrected or changed, together with the original 737 ! -9 - statement, shall remain on file in the office of the Department of Public Works of the City. All conduits and manholes shall be constructed in accordance with the corrected statement, map, plan or specifications. (e) A permit to excavate in any street, alley or public highway shall be issued by the Department of Public Works to construct conduits and manholes as provided for in this Ordinance, when their location has been approved by the Department of Public Works. (f) In planning underground conduits, the Company shall include in the plans a conduit space of the capacity of one duct in which the City may place its wires, free of charge. The City shall be allowed free access to such ducts at all times and shall be allowed facilities and privileges at manholes for putting in or taking out wires in the space allotted to the City, equal, in all respects, to those of the Company. (g) In the location, construction or repair of any conduit, no excavation shall be unnecessarily made, placed or continued. Any excavation or obstruction made or placed in i any street, alley or public highway, at any time, or for any ! such purpose, by anyone, shall be properly guarded. Any pavement, at any time, or for any purpose whatsoever, torn up or displaced by the Company, under the terms of this %37 -10 - Ordinance, shall be properly and speedily replaced and put in proper order by it, under the supervision of the Department of Public Works of the City. The Company shall pay all damages for injuries to persons or. to the property of any property owner or corporation, as well as to the City, resulting from, occasioned by or growing out of negligence or improper construction in laying, constructing or repairing conduits or the maintenance and use of the same. The Company shall fully indemnify and save harmless the City from and against all claims, actions or suits at law, or in equity, of any nature, for damages to persons or property, resulting from, occasioned by or growing out of the omission of the Company to properly guard any excavation obstruction at any time, or for any purpose whatsoever made, placed or caused in any street, alley or public highway, for the omission to replace and repave properly and speedily any opening or to keep any such pavement in proper repair, so far as such repair may be made necessary by the interference with the pavement caused by the location, construction, use or repair of such conduits. If the Company shall fail or refuse to replace or repair any pavement or curbing removed by it in any street or alley in doing the work contemplated by this Ordinance, it may be replaced or repaired by the City under the direction of the i - Department of Public Works, at the cost and expense of the Company. i r I 737 i -11- (h) The extension of electric distribution lines from conduits to buildings or other locations above ground within the underground district shall be approved by the Department of Public works of the City. Sec. Review of Company Conservation Program i (a) Programs designed to provide services for the conservation of energy, as required by the franchise, shall be submitted to the Utility Specialist, who shall then review same and then shall submit them to the Iowa City Electricity Review Commission for approval. (b) All of said programs shall be subject to review by the Utility Specialist and the Iowa City Electricity Review Commission while they are being carried out and the Company shall provide all reasonable requests for information to the Utility Specialist concerning the programs and their implementation. (c) The Company shall not abandon or discontinue any program without the consent of the Iowa City Electricity Review Commission. Sec. _ Distribution and Transmission Line Requirements 737 I -12- (a) For the purpose of this section, distribution lines are defined as all lines for the distribution of electric current within the city other than transmission lines. (b) For the purposes of this section, transmission lines are those lines carrying thirty-four point five (34.5) kilovolts or more of electric current for light, heat or power. (c) Distribution lines and transmission lines shall be built of strong and proper wires attached to strong and efficient supports properly insulated at all points of attachment; all wires, poles and other devices which by ordinary wear or other causes are no longer safe shall be removed and replaced by new wires, poles or other devices, as the case may be, and all abandoned wires, poles. or. other. . devices shall be at once removed. Where wires carrying current are carried across, either above or below wires used for other service, the said electric distribution lines shall be constructed in such manner as to eliminate, so far as practicable, damages to persons or property by reason of said crossing. There shall also be installed sufficient devices to automatically shut off electric current through said electric distribution lines whenever connection is made iwhereby current is transmitted from the wires of said t electric distribution lines to the ground, and there shall also be provided a safe and modern improved device for the %37 -13- protection of said line against lightning. In addition, electric transmission lines shall at all times be located, erected, adjusted and maintained so as not to endanger persons or property nor to cause a reduction in value of the surrounding private property without compensation to the owner or owners. Provided, however, that if such lines cannot be practicably located anywhere else then, in that event, the compensation requirements shall not apply. All posts or poles shall be so placed as not to interfere with construction of any water pipes, drain or sewer, or the flow of water therefrom which have been, or may hereafter be, located by authority of the City. The post or poles and the wires attached to or placed upon them shall comply with the National Electrical Safety Code and the regulations of the Iowa State Commerce Commission regarding construction and clearance requirements. All of said poles or posts shall comply with the height limits for buildings in residential zones as provided in the zoning ordinances of the City. (d) As a condition of City approval for the erection of transmission and distribution lines, the following planning requirements shall be met and submitted in writing: 1. The relationship of the proposed project to present and future economic development of the area. 1 t 737 ->.4- 2. The relationship of the proposed project to compre- hensive electrical utility planning. 3. The relationship of the proposed project to the needs of the public presently served and future projections based on population trends. 4. The relationship of the proposed project to the existing electric utility system and parallel existing utility routes. 5. The relationship of the proposed project to any other power system planned for the future. 6. The possible use of alternative routes and methods of supply. 7. The relationship of the proposed project to the present and future land use and zoning ordinances. 8. The inconvenience or damage which may result to property owners as a result of the proposed project. 737 �rvcL osU�E >Jc s ES �)(1s7Jn/ G �RA H1 Chapter 19 FRANCHISES Art L Electricity, §§ 14.1-14-26 Art IL Gu, §§ 11.27-14.51 Art III. Telephone. §§ 14.52-14.59 Art IV. Broadband Telecommunicaaone. §§ 14.59.1-14.93 Div. 1. Generally, §§ 14.59.1, 14-592 Div. 2. Enabling Ordinance, §§ 14.69-14.93 ARTICLE L ELECTRICITY" Sec. 14-1. Granted. There is hereby granted to Iowa -Illinois Gas and Electric Company, an Illinois corporation authorized to do business in the state, hereinafter called the "company," and its succes- sors and assigns, the right and franchise to acquire, construct, erect, maintain, and operate in the city, an electric light and power system, including the right to erect, install, and main- tain the necessary poles, lines, wires, transmission linea, con- duits and other appliances for the transmission and distribu- tion of electric energy along, under, and upon the streets, ave- nues, alleys, bridges, viaducts, and public places In the city. This franchise shall be effective for a twenty -five-year period but the city council may, at the end of the first fifteen (15) years, review said franchise and if deemed desirable, re- negotiate and submit an amended franchise to the voters. (Ord. No. 2170, § 1, 8.10-59) See. 14-2. Rights subject to stale law; franchise not exclu- sive. The rights and privileges granted by this article are subject to the restrictions and limitations of Chapter 897 of the Code of Iowa 1958, and this franchise shall not be exclusive. (Ord. No. 2170, § 2, 8-10.59) eCroaa reference—Underground electrical service, Ch. 33, Art 111. supp. No. 6 919 %37 1 14.3 IOWA C17Y CODE Sec. 14.3. Company's right to erect poles, install wiring, etc. The company shall have the right to erect hereafter all necessary posts, poles, or conduits and to place thereon 'the necessary wires, fixtures, and accessories for the conducting of currents of electric energy in and through the city, pro- vided that the same shall be so located and maintained as to make no unnecessary obstruction of any drains.or sewers or the flow of water therefrom, which have been or may here- after be located by authority of the city. Said posts, poles, conduits, wires, fixtures, and accessories shall be so erected and maintained in the streets, avenues, alleys, and public places of the city as to make no unnecessary obstruction therein to the use thereof by the public and as to comply with the specifications of the National Electrical Safety Code as approved by the American Engineering Standards Commit- tee in force at the time of such construction, and shall be so placed and the wires attached to or placed upon them shall be kept at such an elevation as to avoid danger to. persons and adjacent property. The company is authorized and empowered to cut and trim in a careful and prudent manner, at its ex- pense, any trees extending into any street, alley, or public ground so as to prevent limbs or branches from interfering with the wires of the company. The obligation of the company, however, shall not extend beyond trimming trees sufficiently to dear the electric wires. (Ord. No. 2170, § 3, 8-10.59) Sec. 14-4. Company to relocate installations In, over, on or under public streets at direction of council. The company shall, at its cost and expense, relocate its in- stallations in, on, over, or under any public street in the city in such manner as the city council may at any time reason- ably require for the purposes of facilitating the construction, reconstruction, maintenance, or repair of any public improve- ment of, in, or about any such street or promoting the effi- cient operation of any such improvement. (Ord. No. 2170, § 4, 8.10-59) Supp. No. 5 920 731 FRANCHISES 414.9 installations in the city streets and alleys and shall thereafter furnish the necessary data to allow the city engineer to main- tain such map on a current basis. (Ord. No. 2170, § 5, 8-10-59) See. 14.6. Street excavations. In making excavations in any streets, avenues, alleys, and public places for the erection of poles and wires or other appliances, or for the installation of conduits, the company shall not unnecessarily obstruct the use of the streets and shall replace the surface, restoring the original condition as nearly as practicable. The company shall be subject to the same regulations with regard to returning streets to a satis. factory condition as all other persons who make excavations in such public streets. (Ord. No. 2170, § 6, 8-10.59) Sea 14.7. Company's obligation to extend service. The company and its successors and assigns shall extend its lines and wires to any part of the city, provided that the company shall not be required to extend its lines and wires on any street, avenue, lane, road, or alley, unless and until there be at least one consumer per two hundred (200) feet meas- ured along such extension, which consumer shall first agree in writing to use and pay for electric light and power furnished by the company. (Ord. No. 2170,17, 8-10-69) Sea 14.8. Company to hold city harmless for damages arising from company's negligence. The company and its successors and assigns shall hold the city free and harmless from all damages arising on account of any negligence of the company and Its successors and as- signs in the erection, operation, and maintenance of such system. (Ord. No. 2170, § 8,8-10-59) Sea 14-9. Company's obligation to furnish energy. The company and its successors and assigns, so long as they shall operate under the terms of this franchise, shall furnish electric energy in sufficient quantities to supply the reason. 921 %3J § 14.9 IOWA CITY CODE able demands of the city and the inhabitants thereof. The energy furnished shall be of reasonably uniform voltage throughout the city and at all times up to the standard for efficient operation of lights, motors, and appliances. The serv- ice shall be continuous twenty-four (24) hour service, seven (7) days in the week, unless the company is prevented from doing so by fire, storm, acts of God, unavoidable accidents, or casualties, and in such event service shall be resumed as quickly as is reasonably possible. (Ord. No. 2170, § 9, 8-10. 59) Sea 14.10. Rates. The rates charged by the company for its service furnished hereunder shall at all times be just, fair, and reasonable and the city council reserves to itself the right at all times to regu- late and fix rates and charges in accordance with the pro. visions of the statutes of the state. The city council reserves the right to provide for the inspection of electric meters and other measuring devices and to prescribe reasonable rules for the testing of meters. (Ord. No. 2170, § 10, 8.10.59) Sea 14.11. Accounting. The company shall keep the accounts of its electric depart- ment in accordance with the uniform classification of accounts as established by the Federal Power Commission, and shall, while this effect is in force and effect, file annually with the city clerk, within ninety (90) days following the expiration of each fiscal year of the company, a full and complete statement Of its business and property for such fiscal year, including earnings and operating statements, capital investments for such year in extensions and improvements to the plant and distribution system required for rendering electric service to the city and its inhabitants. Such statement shall be signed and sworn to by an officer of the company. From time to time the company shall supply such other information as may be pertinent to the city council in determining the reasonableness of the rates being charged. A copy of the overall compnny re- port, filed with the Federal Power Commission, shall also be 922 737 M FRANCHISES § 14-13 filed annually with the city clerk within thirty (30) days after the same has been filed with the Federal Power Commission. (Ord. No. 2170, § 21, 8-10-59) Sec. 14-12. City's right to Inspect books, records and proper- ties. For the purpose of determining proper rates to be charged,; all necessary books, records, and properties of thews depart-' ment of the company of every kind and description shall be at all reasonable times open for inspection to any representative duly appointed for that purpose by the city council; provided, however, that nothing herein contained shall be construed as a waiver by the city of any right it may now or hereafter pos- sess to examine or cause to be examined in any other manner such books, records, and properties. The city council shall, when it desires to appoint a representative to so examine the books, records, and properties of the company, send written authorization of the appointment of such representative to the company, setting out the nature and extent of the examination to be made by such representative and the purpose of such examination. (Ord. No. 2170, § 12, 8-10.59) Sec. 14.13. Company to pay reasonable expenses of city's ez- aminalion of books, records and properties. When the city council, proceeding on its own motion or com- plaint or on the application of the utility, shall deem it nec- essary, in order to carry out their duties in determining fair and reasonable rates, to investigate the books, accounting and practices and activities or make appraisals of the property of the utility or to engage any engineering or legal services, the reasonable expenses incurred by the council in connection with such determination of rates shall be assessed against and paid by the company within thirty (30) days after receipt of billing from the city; provided, however, that the total amount which the company shall be required to pay under the provisions of this section during any two (2) successive calendar years shall not exceed one per cent of its gross operating revenues derived from Iowa City electric operations in the first of such calendar years. (Ord. No. 21-70, § 13, 8-10.59) 923 737 J 14.14 IOWA CITY CODE Sec. 14.14. Company's right to establish rules and regulations; city's right to approve or disapprove. The company is authorized to impose reasonable terms and conditions upon the furnishing of electric service and reason- able rules and regulations in the operation and conduct of its business including, without limitation, requiring a reasonable deposit of any consumer as a condition of furnishing electric energy to such consumer. Such authorization is subject to the rights of the council to approve or disapprove the reasonable rules and regulations of the company and the company shall file such reasonable rules and regulations with the city clerk and such rules and regulations shall become effective thirty (30) days thereafter unless the council shall take action there- on within such thirty (30) days. (Ord. No. 2170, § 14,8-10-59) Sec. 14.15. City's right to use company poles, towers, etc. The city shall be privileged, without charge, to make use of the poles, towers, and underground conduits of the company for the police alarm system, fire alarm system, and traffic con. trol system of the city, to the extent that such use shall not interfere with their use by the company, but the city shall bold the company harmless from any and all causes of action, litigation, or damages arising through the placing of the facili- ties of the city upon the poles, towers, and underground con. duits of the company. (Ord. No. 2170, § 15, 8-10-59) Secs. 14.16-14.26. Reserved. ARTICLE IL GAS Sec. 14.27. Granted There is hereby granted to Iowa -Minis Gas and Electric Company, an Illinois corporation authorized to do business in the state, hereinafter called the "company," and to its succes. sors and assigns, the right and franchise to distribute and sell manufactured gas, natural gas, or gas derivatives, together with the right to acquire, lay, install, construct, reconstruct, extend, replace, enlarge, maintain and operate in the city, 924 737 FRANCHISES § 14.30 plants and works for the manufacture, storage, and processing of gas, the transmission and distribution thereof, including the necessary pipes, mains, apparatus and other facilities for the transmission and distribution of gas in the public streets in the city. This franchise shall be effective for a twenty-five (25) year period but the city council may, at the end of the first fifteen (15) years, review such franchise and if deemed desirable, renegotiate and submit an amended franchise to the voters. (Ord. No. 2169, § 1, 8-10-59) Sec. 14.28. Rights subject to state law; franchise not exclu- sive. The rights and privileges granted by this article are subject to the restrictions and limitations of Chapter 397 of the Code of Iowa 1958, and this franchise shall not be exclusive. (Ord. No. 2169, § 2, 8-10-59) Sea 14.29. Company's right to excavate streets to lay pipes, eta The company shall have the right to excavate in any public street for the purpose of laying, relaying, repairing or ex- tending gas pipes, mains, conduits, and other facilities pro- vided that the same shall be so located and maintained as to make no unnecessary obstruction of any drains or sewers or the flow of water therefrom, which have been or may here- after be located by authority of the city. Such gas pipes, mains, conduits, and other facilities shall be so located and maintained in the streets, avenues, alleys, and public places of the city as to make no unnecessary obstruction therein to the use thereof by the public. (Ord. No, 2169, § 3, 8-10-59) Sea 14.30. Company to furnish map of mains End update in- formation. The company shall furnish to the city for filing in the city engineer's offices as soon as reasonably practicable, a map showing the location of all existing gas mains in the city streets, and shall thereafter furnish the necessary data to allow the city engineer to maintain such map on a current basis. (Ord. No. 2169, § 4, S-1059) 925 7V 114-31 IOWA CITY CODE Sea 14.31. Company to relocate installations in, on, over or under streets at direction of council. The company shall, at its cost and expense, relocate its in- stallations in, on, over, or under any public street in the city in such manner as the city council may at any time reasonably require for the purposes of facilitating the construction, re- construction, maintenance or repair of the street or any public improvement therein or to promote the efficient operation of any such improvement. (Ord. No. 2169, § 6, 8-10-69) Sea 14.32. Street excavations. In malting excavations of any streets, avenues, alleys, and public places for the installation of gas pipes, conduits, or apparatus, the company shall not unnecessarily obstruct the use of the streets and shall replace the surface, restoring the original conditions as nearly as practicable. The company shall be subject to the same regulations with regard to returning streets to a satisfactory condition as all other persons who make excavations in the public streets. (Ord. No. 2169, § 6, 8-10.69) Sec. 14.33. Company's obligation to extend mains. The company and its successors and assigns shall extend its mains and pipes to any part of the city; provided the com- pany shall not be required to extend such mains and pipes on any public street except there shall be upon such public street at least one consumer for each one hundred (100) lineal feet on the average of such extension who shall first agree in writing to use and pay for gas furnished by the company upon the completion of such extension. (Ord. No, 2169, § 7, 8-10-09) Sea 14.34. Company to hold city harmless for damages re- sulting from company's negligence. The company and its successors and assigns shall hold the city free and harmless from all damages arising on account of any negligence of the company and its successors and as. 926 7.37 FRANCHISES 114.37 signs in the construction, reconstruction, operation, and main- tenance of its system. (Ord. No. 2169, § 8, 8.10.59) Sec. 14.35. Company's obligation to furnish gas. The company and its successors and assigns so long as they shalloperate under the terms of this franchise shall furnish such quantities of gas of good quality as the city and the in- habitants thereof may reasonably demand and the gas serv- ice furnished shall at all times be of a reasonably uniform pressure and shall at all times be up to the standards for efficient operation of gas burning units and appliances; provided, however, that such undertaking and agreement shall be subject to such limitations on the use of gas for large - volume commercial or industrial applications or for space heating as may be provided by reasonable rules and regula- tions placed into effect by the company during any tempo- rary, shortage in or permanent diminution of the supply of natural gas with which the company serves the city and the inhabitants thereof. (Ord. No. 2169, § 9, 8-10.69) Sec. 14-36. Rales. The rates charged by the company for its service furnished hereunder shall at all times be just, fair, and reasonable and the city council reserves to itself the right at all times to regu- late and fix rates and charges in accordance with the pro- visions of the statutes of the state. The city council reserves the right to provide for the inspection of gas meters and other measuring devices and to prescribe reasonable rules for the testing of meters. (Ord. No. 2169, § 10, 8.10.59) Sea 14.37. Accounting; annual report' The company shall keep the accounts of its gas department In accordance with the uniform classification of accounts as established by the Federal Power Commission and shall, while this article is in force and effect, file annually with the city clerk, within ninety (90) days following the expiration of each fiscal year of the company, a full and complete statement of its business and property for such fiscal Year, including earn - 927 %37 § 1457 IOWA CITY CODE ings and operating statements, capital investments for such year in extensions and improvements to the plant and distri- bution system, required for rendering service to the city and its inhabitants. Such statement shall be signed and sworn to by an officer of the company. From time to time the company shall supply such other information as may be pertinent to the city council in determining the reasonableness of the rates being charged. A copy of the overall company report, filed with the Federal Power Commission, shall also be filed an- nually with the city clerk within thirty (30) days after the same has been filed with the Federal Power Commission. (Ord. No. 2169, § 11, 8-10.69) Sea 14.38. City's right to inspect looks, records and proper- ties. For the purpose of determining proper rates to be charged, all necessary books, records, and properties of the gas de- partment of the company of every kind and description shall be at all reasonable times open for inspection to any repre- sentative duly appointed for that purpose by the city council; provided, however, that nothing herein contained shall be con- strued as a waiver by the city of any right it may now or I hereafter possess to examine or cause to be examined in any i other manner such books, records, and properties. The city council shall, when it desires to appoint a representative to so examine the books, records, and properties of the company, send written authorization of the appointment of such repre- sentative to the company, setting out the nature and extent .. .. :... _.. _w,ri, rnnrnenntatiye and � o. the ..:mina.}I en } .or b_ made -b" " the purpose of such examination. (Ord. No. 2169, § 12, 8.10. 69) Sea 14.39. Company to pay reasonable expenses of city's ex- amination of books, records and properties. When the city council, proceeding on its own motion or complaint or on the application of the utility, shall deem it necessary, in order to carry out their duties in determining fair and reasonable rates, to investigate the books, accounting and practices and activities or make appraisals of the property 928 737 FRANCHISES 414.52 of the utility or to engage any engineering or legal services, the reasonable expenses incurred by the council in connection with such determination of rates shall be assessed against and paid by the company within thirty (30) days after receipt of billing from the city; provided, however, that the total amount which the company shall be required to pay under the pro- visions of this section during any two (2) successive calendar years shall not exceed one per cent of its gross operating revenues derived from Iowa City gas operations in the first of such calendar years. (Ord. No. 2169, § 13, 8-10-59) Sec. 1440. Company's right to establish rules and regulations; city's right to approve or disapprove. The company is authorized to impose reasonable terms and conditions upon the furnishing of gas service and reasonable rules and regulations in the operation and conduct of its busi- ness including, without limitation, requiring a reasonable de• posit of any consumer as a condition of furnishing gas to such consumer. Such authorization is subject to the right of the council to approve or disapprove the reasonable rules and regulations of the company and the company shall file such reasonable rules and regulations with the city clerk and such rules and regulations shall become effective thirty (30) days thereafter unless the council shall take action thereon within such thirty (30) days. (Ord. No. 2169, § 14, 8-1059) Secs. 1441-14.51. Reserved. ARTICLE 111. TELEPHONE' / Sea 14.52. Grant The American Telepho nd Telegraph Company of Iowa, its successors o signs, ' hereby granted the right, privilege and a rity to erect o ate and ma[ntain its lines of tel one and telegraph, Includin a necessary poles, fixtu and electrical wnductore, upon, alo and over the •Croy referene Under¢romd telepbone mTiee, CIL IV. 929 73% City of Iowa City MEMORANDUM Date: April 5, 1985 To: City Council and City Manager From: Frank Farmer, City Engineer��. Re: Dubuque Street and Ridge Road Intersection The Engineering Division, at City Council request, has studied further the possibility of improving the above-mentioned intersection with regard to improving right turn movement from Ridge Road onto Dubuque Street. A memo to Council dated July 17, 1984, addressed four (4) alternatives that were relatively expensive. One other alternative recently considered, provided a second access via Virginia Drive or some other street extended north off of Whiting Avenue to Dubuque Street or the future Foster Road. This alternative is also nonviable due to the steep terrain north or Ridge Road and Whiting Avenue. In conclusion, there does not seem to be any low cost options available for improving turning movements from Ridge Road to northbound Dubuque Street. bdwI/2 73P City of Iowa City MEMORANDUM Date: April 10, 1985 To: Charles Schmadeke, Director of Public Works From: Traffic Engineer Re: Accident Experience Along Friendship Street and the Sidewalk Assessment Project In its consideration of the proposed sidewalk assessment project along Friendship Street between 7th Avenue and 1st Avenue, the City Council has requested accident information. Below is a table which shows the type of accidents that have occurred along Friendship Street since calendar year 1981. In addition I have attached to this memorandum an accident diagram for each of the years. Property Personal Year Total Damage Injury Bicycle Pedestrian Mid -block 1985 1 1 -- -- -- -- 1984 1 1 -- - -- -- 1983 3 2 -- 1 -- -- 1982 0 -- -- -- -- -- 1981 2 1 1 - -- This accident information is based upon reported accidents. Should you have any additional questions or require additional information, please don't hesitate to contact me. tp2/12 739 P \ w a LL NO SCALE FRIENDSHIP ST w D 0 LL ACCIDENT EXPEDIENCE ALONG FRIENDSHIP ST JAN I TO MAR 31 85 P \ NO SCALE FRIENDSHIP ST 7 O LL i W za F N I � 1- N OT I� NO SCALE �UU FRIENDSHIP ST r 50 NO DIRECTION OF TRAVEL GIVEN ON REPORT w w a aZ ¢ & w = W !- Yl ACCIDENT EXPEPIENCE I ALONG FRIENDSHIP ST 1983 y - u Il - H m Y NO SCALE Uu� FRIENDSHIP ST W w w a a 0 0 H 0 o = W li H N NO REPORTED ACCIDENTS FOR 1982 ACCIDENT EXPEPIENCE ALONG FRIENDSHIP ST 1982 UP a 1 V NO SCALE U�U FRIENDSHIP ST W Q Q C Z � � W 7 = U. f N ACCIDENT EXPEPIENCE ALONG FRIENDSHIP ST 1981 i City of Iowa City MEMORANDUM Date: April 8, 1985 To: Neal Berlin, City Manager From: Larry McGonagle, Transit Manager'/ Re: Ridership on Friendship / Per your request, transit surveyed ridership on Friendship between Third Avenue and Seventh Avenue. Ridership on April 4 was 23, on April 5 there were 19 passengers. These totals are for 16 hours of service and include passengers boarding and passengers getting off the bus. bj1/8 /T6 r] City of Iowa City MEMORANDUM Date: April 10, 1985 To: City Council From: Fred Zehr, Airport Manager�L Re: Fueling Standards In response to your inquiries at the City Council meeting held on April 9, 1985 regarding FAA's approval of our self -fueling ordinance, I have attached the correspondence we have received from the FAA. The FAA does not make a policy of giving approval to local operational ordinances, they leave this authority with the airport owner. The FAA does review proposed ordinances and makes recommendations on them. They have reviewed our ordinance and their recommendations have been incorporated into it. I met with FAA officials on November 9, 1984 in Kansas City to further discuss our ordinance and the actions that we had taken to incorporate their recommendation. Mr. Louis Oberkron indicated to me that our ordinance as changed is acceptable to the FAA. If they do object to certain provisions in an ordinance they have other administrative actions that they can take to enforce their objections, as we are well aware of. We have not received any objections from the FAA regarding our ordinance and in essence that is their approval of it. bj3/3 %7l i NOV h 1984 Mr. David E. brown Assistant City Attorney Civic center 410 E. Washington Street Iava City, Iowa $2240 Dear Mr. Drown: Iowa City Municipal Airport Iowa City, Iowa Draft - Standards for Self Servicing Operations Your letter dated October 16, 1984 Our tomenta on the draft "Standards for Self Servicing Operations" dated October 3, 1984, are as follows: Paragraph II. The minimum standards for fuel sales provided by Section 4-37 of the City Code would be subject to full review in the event of a future problem or complaint. The list of items submitted with our letter to you dated September 17, 1984, was to increase safety of the fueling operations on the airport. The size and type of lettering referred to in paragraph IIIP was intended for commercial operations. The exact size and wording may vary with the equipment being used. Paragraph Ix - Underground Storage Tanks. The comments in our letter to you in b, page 2, dated September 17, 1984 (copy enclosed), pro- vided comments on similar requirements and the undue restrictions they placed on individuals desiring to refuel their own aircraft. 1. Lend. See our comments in D 1. 2. Personnel. A person having the knovledge and the ability to fuel his her their own aircraft would only be required to be present during the fueling operation. 3. Services. Unobjectionable. 4. Fuel Facilities. See comments in 6 4. RECEIVED NOV o y 1984 LEGAL DEPARTMENT Ar, `AP, biz l� _FAA Aml�- USDepalmenl C.nllol P,plon 601 E. Sills 511"1 rurzMlalbn U 1•`^ T^ law., R.nul, IYn"n CITY, MI"ourl 64106 MIIr0Y11, No010kr Federal Aviation AdmlMehatlon NOV h 1984 Mr. David E. brown Assistant City Attorney Civic center 410 E. Washington Street Iava City, Iowa $2240 Dear Mr. Drown: Iowa City Municipal Airport Iowa City, Iowa Draft - Standards for Self Servicing Operations Your letter dated October 16, 1984 Our tomenta on the draft "Standards for Self Servicing Operations" dated October 3, 1984, are as follows: Paragraph II. The minimum standards for fuel sales provided by Section 4-37 of the City Code would be subject to full review in the event of a future problem or complaint. The list of items submitted with our letter to you dated September 17, 1984, was to increase safety of the fueling operations on the airport. The size and type of lettering referred to in paragraph IIIP was intended for commercial operations. The exact size and wording may vary with the equipment being used. Paragraph Ix - Underground Storage Tanks. The comments in our letter to you in b, page 2, dated September 17, 1984 (copy enclosed), pro- vided comments on similar requirements and the undue restrictions they placed on individuals desiring to refuel their own aircraft. 1. Lend. See our comments in D 1. 2. Personnel. A person having the knovledge and the ability to fuel his her their own aircraft would only be required to be present during the fueling operation. 3. Services. Unobjectionable. 4. Fuel Facilities. See comments in 6 4. RECEIVED NOV o y 1984 LEGAL DEPARTMENT z S. Aircraft Fueled, unobjectionable. 6. Fuel Quality Control Program.• See our comments in B 7. 7. Hours of Operation. See our comments in B S. S. Insurance Coverage. See our comments in B 9. 9. See our comments in B 10. We appreciate the opportunity to review these documents in draft form prior to execution. Enclosure Sincerely, • it FC.0 � � ✓ C .� C. Duane A. Bush Supervisor, Programming Section 71// COPY SEP 17 1984 Mr. David E. Brown Assistant City Attorney Civic Center 410 East Washington Street Iowa City, Iowa 52240 Dear Mr. Brown: Iowa City Municipal Airport, Iowa City, Iowa Draft Minimum Standards -Servicing Own Aircraft Your Letter Dated August 30, 1984 Standards developed for operators selling and dispensing fuel to the aeronautical public would not necessarily be applicable to individuals fueling their own aircraft. Restrictions or limitations on servicing, including fueling, should be based mainly on safety along with consider- ation given to preservation of the airport facilities and the public interest. Our comments on the specific items in the proposed draft Minimum Standards for Commercial Aviation Fuel and Oil Dispensing operations, dated August 29, 1984, are as follows: A. Persons dispensing lees than 250 gallons per month in their own aircraft: 1. Not clear whether a one-time notification or a notification prior to each fueling operation is contemplated. If the latter, it would appear to be unreasonable. 2. This would be unobjectionable if the referenced fire code includes reasonable requirements based on safety. 3. Not related to safety. 4. The flowage fee would act as a restriction on the indivi- dual's right to fuel their own aircraft. 5. Refueling vehicles are commonly stored on airport property. We are unable to determine a basis for this restriction. If adequate space and facilities for storing such vehicles are readily available, this restriction would appear unreason- able. 17�/ 2 B. Persons dispensing more than 250 gallons per month for their own aircraft. 1. Land - Requirement of leasehold of 6,000 square feet appears unreasonable. Right to service one's aircraft is not con- tingent upon the existence of a lease arrangement. 2. Personnel- The only time trained personnel would be required would be during fueling operations. 3. Services - Unobjectionable. 4. Fuel Facilities - Requirement for a minimum capacity of 10,000 -gallon capacity tanks appears unreasonable (over 3 -year supply at 250 gallons per month). An aircraft owner should be permitted to refuel his aircraft using a fueling vehicle without establishing buried storage tanks on the airport. 5. Flowage Fees - Same as item A4 above. 6. Ownership - 100 percent ownership of the facilities appears unreasonable. This equipment could be leased or rented. Individual■ should be permitted to fuel and service aircraft that are rented or leased by them. 7. Fuel Quality Control - These requirements are very broad. We presume these or a more restrictive program are being met by all commercial operators on the airport. They should be explained to the individuals desiring to fuel their own air- craft. 8 Hours of Operation - It is doubtful a person servicing his own aircraft would have any specific hours of operation. 9. Insurance Coverage - This requirement is not related to safety and may act as a restriction to an individual fueling their own aircraft. Insurance coverage would be affected by a number of factors such as where and how fueling is con- ducted, number of aircraft serviced, frequency of fueling operations, number of gallons stored and placed in aircraft, etc. 10. No objections if operations involve a lease of land. We are unable to determine the basis for different requirements on indivi- duals using leas than and more than 250 gallons per month. The city is encouraged to establish operating rules and regulations for fueling that would enhance safety on the airport. They should not be designed to make it unreasonably restrictive, burdensome or to prohibit this activity. Enclosed is a list of items you may consider in developing these rules for your airport. 7el/ 3 Also enclosed for your information is a copy of Advisory Circular (AC) 150/5190-2A, "Exclusive Rights at Airports," with paragraph 8 d referring to restrictions on self-service. While not applicable to individuals ser- vicing their own aircraft, we are enclosing a copy of AC 150/5190-1, "Minimum Standards for Commercial Aeronautical Activities on Public Airports." A copy of this letter is being provided to Mr. Fred W. Zehr. Sincerely, 6riginal signed by Wm., Jack Sasser Wm. Jack Sasser Manager, Airports Division Enclosures cc: Mr. Fred W. Zehr, Manager 701 i i 701 CITY OF IOWA CITY CNIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5030 PARKS AND RECREATION DEPARTMENT 356-5110 April 10, 1985 Mary Gode 918 Estron Street Iowa City, Iowa 52240 Dear Mrs. Gode: After speaking with you Monday regarding Willow Creek Park, I met with Bob Howell, City of Iowa City Parks Superintendent, at the site to inspect their recent work and review other Willow Creek development projects over the past twelve years. Your observation of the immediate result of the channel work necessary in the park this spring is valid. The banks are now devoid of the attractive shrubbery, grasses, and wildflowers that greatly contributed to the natural beauty of the area. While aesthetics in the northern section of the creek during this reclamationuction projectrwillwcorrectsthe,you can temporarybe assued condition that a . The work was necessary because over time the channel had shifted so severely that the pedestrian footbridge south of the arewasaactuallychanginglinumid1cut -air as ahresultkofuthistbribecame dge has created a potential danger to park users. Similar channel work was undertaken by the street department last year on the portion of the creek west of the current project. There appears to be an excellent turf recovery as a result of the Parks Division seeding completed at the time. Further channel work and backfilling will be necessary south of the present project if the bank on an outside bend continues to erode. This condition has the already asdwelleasrable doublingttheon to widthbofitheoduced creek in this o this area. 7�. Mrs. Mary Gode April 10, 1985 Page two The City Engineering staff will be asked to review any further plans related to the development of the creek. There may be more desirable current deflection alternatives incorporated in future improvements. Also, staff will be asking the advice and assistance of Project GREEN in the upcoming reclamation effort. Project GREEN successfully incorporated an attractive wildflower and native plant buffer between the new bike path and the Iowa River at Crandic Park. You can be certain we will keep you updated regarding progress toward completion of this improvement project, and you will be invited to be part of our future discussions related to reclamation. Neighborhood parks are special places and they deserve careful attention. Thank you for sharing your thoughts and concerns with the Department. TAC/dh cc: eal Berlin, City Manager, Bob Howell, Parks Superintendent Frank Farmer, City Engineer Emilie Rubright, Project GREEN 5 cerely, T. Allen Cassady Acting Director, Parks and Recreation 70.2. (JAESiI n G/ VG/ V ' VVI JYLC. APR15 i98 D 316 eolfzgE _00wa city, -Yowa 52240 CITY CLERK arr.pitonE 319-351-vM April 15, 1965 Comments regarding report on "Wastewater Plan -Alternative Study". Board of Director's meeting, Mid-America Savings Bank in Waterloo will prevent my attendance at this meeting. My recommendations regarding the reports Eliminate #6. Satellite plant discharging into a virtually dry run not appropriate. Eliminate #B. All mechanical system has morerisk, system has less flexibility. A new plant necessary south of the existing one in the short term future anyhow. #2 I feel is the best of the four. A little more expensive, but all gravity. Great flexibility. #11 a fine solution also, but include a force main. General comments To the extent possible, I believe we should go through a design - build process, probably with both the plants. This will allow the big process contractors to use their expertise, their capacity, and their experience to save us money, both in the design and construction costs. There is a 10 million dollar sewer line package included in the project. This engineering requires no unusual expertise, and could be done locally without detriment to the public interest. It is probably in the public interest to have the work done locally. 7f43 THE ECUMENICAL HOUSING CORPORATION . 217 IOWA AVENUE. IOWA CITY IA 57240 • TELEPHONE 010/077.4161 April 12, 1985 Honorable John McDonald, Mayor 1 City of Iowa City Iowa City, Iowa 52240 Dear Mr. McDonald: Thank you for visiting with Reverend Welsh and me regarding the interest of the Ecumenical Housing Corporation in responding to a new HUD announcement of the availability of $2,752,000.00 to be used to construct 75 units of rental housing under the Section 202 Direct Loan Program for Housing for the Elderly or Handicapped. The question of applying for these funds has been approved by the Executive Committee of the Ecumenical Housing Corporation and will be recommended to its Board of Directors providing the most essen- tial requirement can be met. This essential requirement which must be met before we can proceed is gaining control of a building site. Perhaps the last remaining, viable site for such a building is that which lies along Gilbert Street between Washington and College Streets. I am writing to ask the City Council to consider selling a building site in this general location to the Ecumenical Housing Corporation for this purpose. The Corporation would be acting as the sponsor of a wholly new, single asset borrower corporation to be created for the sole purpose of building and operating such a rental project. The importance of this request is that in order to apply for these funds, we must be able to present documentary evidence that we have control of the site, e.g., a copy of a contract(s) of sale for the site, or a copy of a site option agreement(s), a deed, or other legal commitment for the site. For our purposes, I believe either a site option agreement or other legal commitment would suffice, subject, of course, to HUD's eventual approval of our application. Reverend Welsh and I walked around the general area, and we believe that this property would'be the best of ,all possible locations. As we mentioned to you yesterday, we had some concerns regarding possible reactions to disturbing the plantings which border the site. I believe we could agree to maintain or improve these plantings as a part of any landscaping which might be developed for the building, thus preserving the integrity of the present landscaping. z Mayor John McDonald A generous estimate of the size of site needed might be in the neighborhood of 250 feet by 120 feet including sufficient space for parking at least 38 cars per HUD regulations which require such spaces at the rate of one for every two apartments. The size of the site would vary, of course, with the type of building to be constructed. Thus, one with a footprint based on 8 apart- ments per floor might result in a 10 -story high-rise; while one with a footprint of 12 units per floor would result in a 7 -story building. My reference above to the virtue of this site is in keeping with our experience at Ecumenical Towers and with the emphasis HUD places on site location in the central city area. In HUD's words, with which we agree, acceptable site locations should be within 4 to .5 miles of all amenities required for everyday independent living. This includes groceries, drugs, dry goods, restaurants, doctors' offices, banks, recreation, etc. Public transportation should also be available." Finally, I must underscore the extreme urgency of our request. If we are to have a fighting chance to obtain these funds for Iowa city,we must submit a complete application on or before May 15, 1985. This is a tight fit, but we believe with the help and coop- beaassured, ttoo, he ithat wwewstand ill eready to cooperatable to accomplie with thisthe pCity e in any way we canto assist in this process. Sincerely yours, Woodrow W. Morris, President Ecumenical Housing Corporation MMM/pf WJWA r"A TO: FROM: RE: City of Iowa City MEMORANDUM City Council City Manager Material in Friday's Packet DATE: April 19, 1985 Memorandum from the City Manager regarding a visit by journalists. Copy of letter from the City Manager to Hansen Lind Meyer regarding the design of the Dubuque Street parking ramp extension. Memorandum from the Department of Planning and Program Development regarding request for special rules to regulate activities on the Iowa River within Iowa City. Memorandum from the Director of Housing and Inspection Services regarding inspection of owner -occupied dwelling units in duplex and multi -family structures. Memorandum from the Chairperson of the Historic Preservation Commission regarding the Iowa -Illinois gas and electric franchise ordinances. Memorandum from the Fire Chief advising of the date for his retirement along with a reply from the City Manager. Memorandum from the City Forester inviting the Council to Arbor Day ceremonies on Friday, April 26. Copy of correspondence mailed by the Human Rights Commission to the local legislators and Human Rights Commissions in the surrounding area. Police Department monthly report for March 1985. Minutes of staff meetings of April 3 and 10, 1985. Legislative Bulletin No. 7, April 12, 1985. Letters from Mayor McDonald to Water, Air F, Waste Management re classification of Iowa River 5_ City of Iowa City MEMORANDUM DATE: April 19, 1985 TO: City Council FROM: City Manager ._. _ RE: Visit by Journalists on Friday, April 26, 1985, approximately 15 journalists from several countries will be visiting Iowa City. They are hosted by Saab-Scania of America, Inc., and are primarily interested in learning about our transit system. An itinerary of appropriate activities has been planned, including a tour of our new transit facility. Part of this itinerary is a luncheon which will be held at City Park Shelter #13 (by the pond). Representatives from the business community will join the group along with staff members of the transit system. President Freedman and several others from the University will attend as well. The City Council is invited to the luncheon. Please call Lorraine (356-5010) by Wednesday, April 24, if you will be able to attend. u / �s i CITY OF IOWA CITY CIVIC CENTER 410 E. WASHNGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 April 15, 1985 i Mr. John Benz, AIA Hansen Lind Meyer, PC Plaza Centre One Iowa City, Iowa 52240 RE: Design of the Dubuque Street Parking Ramp Expansion Dear John: While the City recognizes that completion of the expansion of the Dubuque Street Parking Ramp by December 1, 1985, will require some fast -tracking of the process, your commitment to meet the proposed deadline is greatly appreciated. It is hoped that both HLM and Rich & Associates will be able to accelerate the program. I would appreciate receiving written progress reports every two weeks so that both the Council and the business community will be informed as to the progress of the project. The City looks forward to working with your team on this program. Since ely y rs, Neal G. erlin City Manager Is cc: City Council�11_� Bili Bywater, Chamber of Commerce President Dave Rodman, Downtown Association President John Lundell, Transportation Planner 7� City of Iowa City MEMORANDUM Date: April 18, 1985 To: City Council M From: Patt Cain, Associate Planner C Re: Request for Special Rules to Regulate Activities on the Iowa River Within Iowa City Background Last fall an opinion from the City's legal staff concluded that the existing City ordinance Section 24-84 for authorizing water shows/exhibi- tions on the River is irreconcilable with state law. The opinion further noted an option allowed in the State Code [3106.17(2) and (3)] for a city to apply to the Iowa Conservation Commission (ICC) for adoption of special rules and regulations concerning the operation of vessels within the City's territorial limits. Recommendations from the Riverfront Commission In response to a referral from the City Manager, the Riverfront Commission has twice discussed activities to be recommended to Council for regulation by special rules. The first discussion occurred in September when the Commissionrecommended that the regulations presently contained in Chapter 24 of the Iowa City Code, with the exception of Section 24-84, be submit- ted by the City Council to the ICC for their adoption as special rules for the Iowa River. Subsequently, after hearing the report of City staff's discussion with ICC staff, the Riverfront Commission at its April meeting reaffirmed the 'original recommendation but amended the regulation on the prohibition of towing activities to apply to the specific area between the Coralville Milldam and the Burlington Street Dam. This had been the area of primary concern in the first discussion but had not been spelled out in the recommended rule. The Commission is, therefore, recommending that Council request the ICC to adopt the following regulations as special rules for the Iowa River: 1. No person shall operate any vessel towing persons on waterskis, surfboards or similar devices in the area bounded by the Coralville Milldam and the Burlington Street Dam. 2. No person shall operate any vessel between the Iowa Avenue Bridge and the Burlington Street Dam. 3. No person shall swim in the Iowa River between the Iowa Avenue Bridge and the Burlington Street Dam. 4. No person shall walk, ice skate, fish or otherwise be upon the surface of the ice on the Iowa River between the Iowa Avenue Bridge and the Burlington Street Dam. ;744 K 5. No craft or vehicle shall be operated on the surface of the ice on the Iowa River between the Iowa Avenue Bridge and the Burlington Street Dam. The last four regulations are taken verbatim from the existing City Code, except for the substitution of "vessel" for "watercraft" in Y2; the first regulation is changed only by the addition of the specific area affected. As noted before, the Riverfront Commission believes special conditions exist along the Iowa River, particularly in the area between the two dams, which justify imposing separate rules. These conditions include: 1. The high concentration of persons using the River in a passive way (e.g., rafting, canoeing, fishing) and the potential for conflict between these uses and those involving the towing of persons. 2. The safety hazards presented by the two dams themselves. 3. The safety hazards caused by river debris. 4. The already fragile nature of the river banks along much of this area. The Riverfront Commission is opposed to any provision allowing for water ski shows/exhibitions by special authorization. Commissioners feel these events conflict with the more prevalent and appropriate passive river activities, contribute to river bank erosion and give the impression to the public that skiing is a safe and permissible activity in this area. Procedure for Requesting Special Rules To request special rules the City must: 1) take action setting out the special rules to be requested; 2) publish notice that special rules are being requested; and 3) write to the ICC Director stating the recommended rules, requesting their adoption by the ICC as special rules, giving the reasons which make these regulations necessary or appropriate, and stating that public notice has been published as specified in the Iowa Code. In order for this item to appear on the ICC agenda for its May 31 meeting, ICC should be notified by May 20 of the City's intent to request special rules. The entire ICC procedure for adopting special rules requires an amendment to the Iowa Administrative Code and will take about four months. Decisions Required of Council Based on the previous Council consensus to pursue the adoption of special rules, Council must now determine the exact rules, to be requested. These can then be written in resolution form for action at the formal meeting of May 7. If a resolution is adopted, notice will be published and a formal request for special rules sent to ICC. The regulations recommended by the Riverfront Commission would continue the City's present policy except in one respect: special authorization for regattas, races, marine parades, tournaments or exhibitions. At present the ICC has the authority to permit such events upon application to that agency. Furthermore, ICC staff members do -iot believe they can , 00 delegate to municipalities this authority which is expressly granted to ICC in the Iowa Code (8107.16) However, ICC staff is very willing to consider recommendations from the community prior to granting a permit. (All that is needed for this procedure to be enacted is for the City to write the ICC Director to request that the City be informed when a special permit has been requested and be given an opportunity to review and comment on the request.) If the special rules as recommended by the Riverfront Commission are requested by Council, all towing -type activities between the two dams would presumably be pros ited (provided the ICC actually agrees to this rule), including events for speci�casions (such as the Fourth of July). Council should be very specific in deciding whether to request an absolute prohibition as recommended by the Riverfront Commission or to allow exceptions for special events upon authorization from ICC following its usual procedure. An additional concern of ICC is that the City should cooperate in the enforcement of the special rules since the ICC would be adopting them at the City's request. ICC staff indicated that at the time of the request for special rules, cooperative enforcement should be addressed. As far as ICC is concerned, once special rules are adopted, its personnel will conduct routine enforcement. This includes spot checking the river areas affected and issuing citations to persons found in violation of the rules. However, the City will be expected to "take the lead" in enforcing these special rules on the identified segment of the Iowa River. This does not mean the City will be expected to patrol the river but would be expected to respond to complaints in regard to these rules. Currently the City does respond to complaints. No change in the procedures is antici- pated. (See attached memo from David Brown, Assistant City Attorney.) Another consideration in requesting the adoption of special rules is that part of the river area included in the Riverfront Commission's recommenda- tions is also bordered by Coralville. The Coralville Mayor has been informed of the special rules discussed and has, in turn, informed members of the Coralville Council. They do not object to Iowa City's proceeding to have such rules adopted. Summary In brief, Council needs to determine: 1. The exact rules to be requested for adoption by ICC. 2. The City's position on cooperative enforcement. If these issues are decided on April 22, a resolution could be ready for Council' approval on May 7. Also, if special rules are adopted by ICC, the City Code should be amended to be consistent with the wording of the special rules. /sp i City of Iowa City MEMORANDUM DATE: 15 April 1985 TO: Patt Cain, Associate Planner FROM: David Brown, Assistant City Attorney RE: Enforcement of special rules for Iowa River Based upon my review of §106.17, Code of Iowa, the attached November 6, 1967 Attorney General Opinion, and my telephone con- versation today with Rick McGeough, Superintendent of Lav Enforce- ment, it is my opinion that in the event the Iowa Conservation Commission (ICC) adopts special rules regulating the operation of vessels on the Iowa River in Iowa City, local law enforcement officials as well as Iowa Conservation Commission enforcement officers could enforce said regulations. Before such regulations could be enforced locally, however, they would have to be adopted into the City Code, and it would be the City Code section cited by a local officer in writing a citation for an alleged violation. If an ICC enforcement officer were to write a citation for such a violation, it would be written under the section of the Iowa Ad- ministrative Code where such special rules are codified upon adoption by the ICC. cc: Neal Berlin /X, City of Iowa City MEMORANDUM Date: April 16, 1985 To: City Council ` From: Douglas Boothroy, Director, Department of Housing & Inspection Services Re: Inspection of Owner -occupied Dwelling Units in Duplex and Multi -family Structures Since the adoption of the current Housing Code, the City has been inspecting entire duplex structures, including oe ccupied eunitsental and In the Housing Code the same requirements are applngto both duplex units (i.e., both units must comply with all code requirements). In contrast to this, the Housing Code specifically exempts owner -occupied condominium units from inspection. Thus the requirements for owner -occupied condominium units are inconsistent with the requirements for owner -occupied duplex units. For example, the multi -unit structure at 1958 Broadway Street is totally condominium with approximately 20 percent of the units owner- occupied rest ren81 HousingConly uires en tal units toinspected 0peratofmulti-uittructureisinsp'ected versus 100 percent of a duplex structure). There has been opposition to. the inspection of owner -occupied units resulting from concerns about the invasion of privacy of the home and the need to comply with all provisions of the Housing Code. In the spring of 1982, the City Council discussed this issue and, after receipt oto ntop non from the legal staff (attached hereto and still app decided to continue with the inspection of owner -occupied duplex units. This decision was based on concerns about the City's liability in the event of health and safety violations originating from owner -occupied units sharing the same building with rental units, and whether the City would meet the stated purpose of the Housing Code by exempting owner -occupied units from in- spection. It is my understanding that the Council's discussion did not focus on the inconsistency within the Housing Code regarding inspection of condo- minium versus duplex units. Exempting owner -occupied units from inspection may create a situation in which those units develop undetected safety hazards, possibly jeopardizing the entire structure. Such a situation would risk injury to the occupants of all nits and maose a r the Cit. The nt of risku uincreases withpliability the numberofunits issue n a structure• For these reasons, propose amending the Housing Code to require inspection of both owner -occupied and rental units when located in multi -unit (two or more) structures. of ll owner -occupied andequaland rental nits will serve to protection. In addition, I propose that owner -occupied units be required to meet only those safety requirements h situations from os persisting (e.g.,provision prevent a oke detector,fire extinguisher,afe electrical system, safety controls on water heaters, etc.). Owner -occupied 2 units should be exempted from other code requirements which are maintenance and structural related (e.g., minimum room size, minimum ceiling height, handrails, minimum electrical outlets and switches, etc.). Thus we would create a two-tier inspection process in which owner -occupied units would be required to meet only minimum safety standards while rental units would be required to meet all Housing Code requirements. Because owner -occupied units presumably have a lower turnover rate than rental units, they should require less maintenance and less stringent inspection requirements to ensure minimum housing quality standards. Exempting owner -occupied units from requirements that do not directly relate to immediate safety issues should make the inspection process more acceptable and rational to the property owner. I recommend that the Council refer to the Housing Commission consideration of an amendment to the Housing Code (Chapter 11) to require the inspection of owner -occupied units in both duplex and multi -unit structures by removing the exemption of owner -occupied condominium units. Also, I recommend the establishment of a two-tier inspection process with owner -occupied units meeting only the requirements directly related to safety issues. /sp 7Y'6 O 9 at .d. R ;,fay :'1 •,,� iO: ' 1.1 --A Date: June 2, 1982 To: Michael Kucharzak, Director of Housing & Inspection Services From: Robert Jansen, City Attorney �•w .• . David Drown, Assistant City Attorney ' Re: Proposed amendment to Housing Co o exempt certain owner - occupied dwelling units from regular inspections You have requested an opinion from this office regarding the proposed amendment to the Housing Code whereby inspections of certain owner - occupied dwellings would be conducted only upon a request or complaint basisSpecifically, under the proposal, 517-3(b)(1)(a) would be amended include nclude owner -occupied dwelling units within condominiums, cooperatives, or duplexes as dwelling units for which only said type of inspections would be conducted. It is our conclusion that the proposed amendment is not in the best interests of the City of Iowa City. Currently, 517-3(b)(1)(a) includes only owner -occupied single family dwellings, condominiums, and cooperatives as types of dwellings for which inspections are to be conducted only upon a request or complaint basis. 517-3(b)(3) lists those dwellings for which regular maintenance Inspections are to be conducted, besides inspections on request or complaint basis. The dwellings listed are multiple dwelling units, rooming houses, duplexes, and single-family rental dwellings. In regard to duplexes, under 517-3(b)(3), the Code does not distinguish between rental and owner -occupied units; thus, the City has been conducting maintenance inspections of duplexes without regard to the status of occupancy of each half of the dwelling. The proposed amendment would alter this practice by limiting maintenance inspections for duplexes only to the rental dwelling unit; owner -occupied units in duplexes would be exempt from routine inspections. This proposed change in inspection policy seems inadvisable in light of Wilson v. Neastad, 282 N.W.2d 664 (Iowa 1979), In said case, the Iowa Supreme Court held that the injured residents of a fire -destroyed apartment building could sue an Iowa municipality for damages caused by a negligent building inspection conducted pursuant to a statutory duty to inspect. The Court stated that it is clear that a municipality "is. liable for tortious commissions and omissions when authority and control over a particular activity has been delegated to it by statute and breach of that duty involves a foreseeable risk of In. r to a identifiable class to which the victim belongs. emphasis added Id. at 671. Although Wilson involved an inspection which was conducted negligently, the quote passage indicates that a failure to inspect may be an actionable tort in situations where risk of injury to the protected class could have been foreseen. The Iowa City Housing Code (Chapter 17) was adopted pursuant to the authority of S364. 17, Code of Iowa. Having been delegated responsibility � y� for regulating housing, the City at 517-1(c) of the City Code declares that the purpose of the Housing Code is to "ensure that housing facilities and conditions are of the quality necessary to protect and promote the health, safety and welfare of not only those persons utilizing the housing, but the general public as well." This is a broadly defined protected class. It is questionable whether the City would be achieving the above purpose by exempting owner -occupied units in duplexes from regular inspections. In situations where there is one rental unit and one owner -occupied unit in the same duplex, the potential impact such units can have upon one another in the event of health and safety violations and, in particular, fire, becomes obvious. It is foreseeable that risk of injury could result to tenants and their guests from fire or other hazards originating from the owner -occupied unit. It seems impractical to conduct regular inspections to require Code compliance on but one-half of the structure when the other half contains and/or could be developing health and safety hazards which could affect the entire structure. The rationale of the above scenario applies also to owner -occupied dwelling units within condominium or cooperative dwellings when such units are among or adjacent to rental units. In fact, the potential harm may be substantially greater in these latter cases, especially when one such non -inspected unit is surrounded by rental units. ® Therefore, it is our opinion that the proposed amendment which would subject the above-described dwelling units to inspections only upon request or complaint should not be adopted. bj3/2-3 1W City of Iowa City MEMORANDUM Date: April 17, 1985 To: Mayor McDonald and City Council From: Margaret Nowysz, Chair, Historic Preservation Commission Re: Iowa -Illinois Gas & Electric Company Franchise Ordinances The Historic Preservation Commission has reviewed the ordinances currently under consideration by the City Council which, if approved, would grant Iowa -Illinois Gas & Electric Company the right and franchise to operate in the City for a period of 25 years. The Commission reviewed the ordinances in light of their potential impact on historic buildings, structures, neighborhoods and districts within the community. In the opinion of the Commission, the ordinances do not satisfactorily address three utility -related issues which impact historic buildings and neighborhoods: (1) Section 4 of both ordinances does not adequately protect the integ- rity, quality and aesthetics of the community's brick streets. The language of these sections neither prohibit the use of asphalt or concrete patches over excavation sites on brick streets which are important elements of historic neighborhoods nor instruct the utility company on the proper reconstruction of such sites using the original brick .pavers. (2) Utility boxes and meters attached to the facades of historic struc- tures which are visible from the right-of-way detract from the distinguishing original qualities and character of historic buildings. If these devices must be attached to historic buildings, they should be placed in locations which are not evident to the public or attached in such a way that the basic elements of the meters can be incorpo- rated into the structure in an unobtrusive fashion. (3) The installation or replacement of transmission lines in existing neighborhoods should be accomplished with sensitivity toward the visual impact on historic structures and areas. Efforts should be taken to minimize the effect on these neighborhoods by, for example, burying the lines or placing them within the alleyways of the historic areas. Although the Commission has been principally concerned with the impact of these ordinances upon existing historic buildings and neighborhoods, the Commission recognizes that items N2 and H3 may be recommended for all structures and neighborhoods in an effort to improve the aesthetics of the built environment and to protect our future historic buildings and places. If you have any questions, please do not hesitate to call me at 337-9934. Isp cc: Design Review Committee Resources Conservation Commission city of Iowa city MEMORANDUM oATE: April 8, 1985 Io: Neal Berlin, City Manager FROM: Robert heating, Fire Chief .,f7� RE: Retirement Date On February, 1, 1986 I will have completed 30 years of service with the Iowa City Fire Department. I have also selected that date as my retirement date. This will allow me time to work on major department projects and will also give you sufficient time to plan an orderly tran- sition in the selection of a new fire chief. I am very much interested in completing both the employee committee process and the planning for building expansion. These projects have the potential for improving the department. In addition, I will be pleased to work with you to select a successor. This process might make an appointment of the new fire chief possible before my retirement date. SSD 1 n CITY OF IOWA CITY CIVIC CENTER 410 E. WASHNGTON Sl. IOWA CITY. IOWA 52240 (319) 356-500D April 9, 1985 Mr. Robert Keating Fire Chief City of Iowa City Iowa City, Iowa 52240 Dear Bob: This letter acknowledges receipt and acceptance of your resignation which will become effective on February I, 1986. During your 30 years of service there have been many significant changes in the Fire Department which are due to your loyalty and dedication. In the months ahead, I look forward to working with you on the projects which you mentioned. As we discussed, the letter of resignation will not be made public until you have informed the Department. Sincerely yours, Neai G. Berlin City Manager ASO parks 8e recreation MEMO department t n' Mayor and City Council f rom: Terryl Robinson, City Forester/ re: Tree City USA Award date: April 19, 1985 You are invited to attend Arbor Day ceremonies on Friday, April 26, at 1:30 p.m. in Shelter 11 in City Park. A State Representative will be presenting the City with the Tree City USA Award, and a group of students from Roosevelt School will be.planting the tree. cc: T. Allen Cassady, Acting Director CITY OF IOWA CITY CIVIC CENTR 4101 WASIINGAON Sl IOWA CITY. IOWA 67740 (,',19) 350.;i(M March 29, 1985 The Honorable Minnette Doderer Representative (45th District) State House Des Moines, Iowa 50319 Dear Ms. Doderer: The Iowa City Human Rights Commission urges your support for Senate File 56, which authorizes cities and counties to establish an alternative fine to that imposed under Chapter 601E for parking in a handicapped parking space. We have been distressed at the numbers of times that able drivers have occupied these spaces out of the need for a quick parking spot, thereby forcing disabled citizens to search for parking at some distance from their destination. It seems clear that one solution to this problem is to increase the fines imposed on those who illegally occupy space designated for the disabled. Senate File 56 will allow our municipality to increase those penalties if such a proposal should come before our City Council. i Again, we urge your support for SF 56 as a measure that strengthens the rights of the disabled. Sincerely, Anne G. Burnside, Chair Iowa City Human Rights Commission bj5/13 Also sent to: Senator Art Small Rep. Jean Lloyd -Jones 7s.z.. CITY OF IOWA CITY CHIC CENTER 410 E. WASHINGTON ST IOWA CITY. IOWA 52240 (319) 356.5000 i i I April 1, 1985 Dear Commissioners: The Iowa City Human Rights Commission has notified our state senators and representatives of our support for Senate File 56, which authorizes cities and counties to establish an alternative fine to that imposed under Chapter 601E for parking in a handicapped parking space. The numbers of abled drivers occupying these specially -designated spaces has become an increasing problem in Iowa City. We believe that giving cities and counties leverage to increase fines from the standard $15 to up to $100, we can better deter those who illegally park in disabled parking areas, thus strengthening the rights of the disabled to special accommoda- tions. We urge your Commission to write your state legislators, supporting Senate File 56. I have enclosed a copy of our letter for reference. Thank you. Sincerely, Anne G. Burnside, Chair Iowa City Human Rights Commission tp5/7 7So2 I i i POLICE DEPARTMENT MONTHLY REPORT March, 1985 Reports of "warmer weather" offenses increased in March, 1985 as compared to the prior month. An increased number of complaints of offenses was received in the following categories: REPORTED OFFENSES February, 1985 March, 1985 Burglary 19 35 Larceny 160 197 Motor Vehicle Theft 4 17 Vandalism 77 116 0.14. I. 24 39 ' Intoxication 36 64 Disorderly Conduct 240 267 Juvenile 35 57 Assists and Services 489 510 Attempts to Locate 64 88 Miscellaneous Investigations 18 37 Miscellaneous Information 108 126 Animal Complaints 51 71 Traffic Violations 37 75 Most other categories of reported offenses either remained stable or declined slightly. However, total complaints or requests for police services increased in March to 2790 as compared to 2603 in February. Similarly, criminal arrests increased significantly in March as compared to February. A total of two hundred fifty-three arrests, including twenty-three juvenile, were effected in March. Only one hundred seventy-nine arrests, including thirteen juvenile, were made in February. Citations for traffic violations increased from the 553 issued in February to 720 in March. Parking tickets issued dropped from 2448 in February to 1999 in March. Arrests, citations and tickets issued totaled 3100 in March and 3332 the month prior. With the advent of warmer weather accompanied by apparently heavier feet upon automobile accelerators, the Department again instituted summer speed control and noise abatement measures. Radar is being run regularly by each patrol shift, as weather permits, and officers have been advised to issue citations for noisy mufflers and inadequate safety equipment when these viola- tions are noted. The issuance of "warning" tickets has proved to be largely ineffective. Consequently, citations will be issued 7S3 Police Department Monthly Report March, 1985 I -Z- i I I for equipment violations. From casual observation it appears as if violations for these offenses should be numerous. The I ' "wreck of 01'97" is a masterpiece of safety when compared to I some of the vehicles using the streets in Iowa City. I f The major case load in the Detective Divisionone was dbtrans- tially over the past weeks. Consequently, , ferred from the day patrol shift to the Detective Division. Two recruit officers were hired in March to fill vacancies occasioned officer todCalifher husband and the California. Mandated recruit school for the new hires will commence in April in Cedar Rapids. Requests for Animal Control services continue at about the same pace as that of one year ago. However, the number of pet licenses issued in March declined when compared to March of last stibovethe the total firstnumber quarterissued 198gdate in 1985 is sub tanally a Statistical reports are appended. I 1985 COMPLAINTS Iowa City Police 1. Criminal Homicide 2. Rape 3. Robber 4. Assault S. Burglary 6. Larceny 7. Motor Vehicle Theft S. Other Assaults -Simple 9. Arson 10. Forgery & Counterfeiting 11. Fraud 12. Embezzlement 13. Stolen Property (possession) 1.1. Vandalism 15. Weapons (possession) 16. Prostitution/Commercialized Vice 17. Sea Offenses 18. Controlled Substances 19. Gaim hling 20. Offenses Against Family/Children 21. 0111 22. Liquor La 23. Intoxicat 24. Disorderl 25. Vagrancy 26. All other 27. Suspicion 28. Juvenile 29. Mental 30. Suicide 31. Snoumohil 32. Motor Vch 33. Other Acc 3.1. Assist G II 35. 1: ire 36. Alarm 37. Attempt t 38. Civi 1 Prc 1 V 39. Sudden De 1^ � UI i 40. Gunshots i 0 41. Misc. Investigation 42. Misc. Complaint/Service Req. 43. Misc. Information 44. Lost F Pound Property 15. Recovered Stolen Property 46. Animal Compliints .17. Livestock •18. Wildlife -Deer Kills 49. Weather Dad 50. Hazardous Road 51. Traffic Violations 52. Towed Vehicles 53. Parking 54. Boating/Recreational Water 55. Hunting Complaints 1905 COMPLAINTS ICPD .1AA I 1,1;bl MAR API( MAI I JUNI Jul. .111H, slil' I QCf I NOV I11iC I I TUI -AI I L 18 37 13 Ft 9 111 1 OR 126 76 76 83 13 14 24 38 71 2 1 3 11 5 2 39 37 75 290 163 151 265 283 192 3 2667 2603 2790 1985 ARRESTS Iowa City Police 1. Criminal Homicide 2. Rape 3. Robbery 4. Assault S. Burglary 6. Larceny i 7. Motor Vehicle Theft t B. Other Assaults -Simple Ij 9. Arson 10. Forgery E Counterfeiting ll. Fraud 12. Embezzlement 13. Stolen Property (possession) I.I. Vandalism 15. Weapons (possession) 16. Prostitution/Commercialized Vice 17. Sea Offenses 18. Controlled Substances 19. Gambling 20. Offenses Against Family/Children 21. OWI 22. Liquor Law 23. Intoxicatii 24. Disorderly 25. Vagrancy 26. All other 1 E i 27. Suspici on 28. Juvenile 29. Mental 30. Suicide 31. Snowmobile 32. Motor Vehic 33. Other Accic 34. Assist G Sc 35. Fire 36. Alarm 37. Attempt to 38. Civil Prob] I 39. Sudden Deat i' 40. Gunshots 1985 ARRESTS ICPD 41. Misc. invee 42. Misc. Comp] 43. Misc. Infoi 44. Lost $ Pour 45. Recovered S 46. Animal Comp 47. Livestock 48. Wildlife -11e 49. heather Rad 50. Hazardous II 51. Traffic Vic 52. Towed Vehic 53. Parking 54. Roating/Rec 55. Hunting Com MINUTES OF STAFF MEETING April 3, 1985 Referrals from the informal Council meeting were distributed to the staff for review and discussion (copy attached). Items for the agenda of April 9, 1985, were submitted. The City Manager briefly discussed a Supreme Court case, Garcia v. San Antonio Metropolitan Transit Authority, in which the Court reversed an earlier decision relating to whether or not the Fair Labor Standards Act is applicable to city governments. Employees may be making inquiries concerning this matter. The Human Relations Director and the Assistant City Attorney are working on this. A memorandum will be sent to the City Council saying that we are trying to sort things out. At the present time, we do not know the magnitude of the impact on the City. The Library Director gave a brief overview of the Library Foundation and its work. She explained that -the fund drives of the foundation are to build I an endowment fund for the Library. The goal is one million dollars by 1996. The City Manager referred to the health survey which recently has been furnished to the staff. He asked the department heads and division heads to promote this survey to the employees. Pre ared by: Lorraine Saeger Informal Cour DATE: Auril 2. 1985 2tu W -IM a01.z SU Sidewalk Asse Street Naming Transit Subsi North Dubuque and Gutter Council pre -b LiPending List Informal C( Page 2 DATE: April 2. lE WW )m 02 az S1 Privitizati Facility Court Case! MINUTES OF STAFF MEETING April 10, 1985 The referrals from the informal and formal Council meetings of April 8 and April 9, 1985, were distributed for review and discussion (copy attached). The City Manager informed staff that the City Council is scheduled to discuss Wastewater Facilities alternatives at the informal Council meeting next Tuesday. The City Manager indicated that there will be a memorandum in the information packet this Friday regarding application of the Fair Labor Standards Act regulations. Copies will be sent to the presidents of the unions. The Human Relations Director advised that evaluation forms for administrative employees will be distributed next week to be completed and returned by May 31, 1985. The City Manager indicated that some private funds for addressing an unmet human need in the community will soon be available. He requested input from staff members having any ideas regarding an existing need which ought to be addressed. / Prepared by: I S /./ i Informal Council Meeting DATE: April B. I5 r-% -iL Ir11& 1/1 /'x/11 1\ 1/ 11 ITi\ AC% wW X00 0 M Sl Council ager Proposal to Utility Fran r-% -iL Ir11& 1/1 /'x/11 1\ 1/ 11 ITi\ AC% Regular Council meeting pAT9:'April '1985 PFMIIIMf; rOI WC;II_ ITEMS RECEIVED APR ;585 LEGISLATIVE a '41010, `W""' .�1-14w' aBULLETIN 16161 r4eM1 First Session, Bulletin No. 7 April 13, 1985 SENATE APPROVES CONFERENCE COMMITTEE REPORT AND TAX BILL The Iowa Senate has approved the tax conference committee report on SF 39S on a 31-18 vote and then approved the bill itself by the same vote. This final action had been delayed after the tax package had been agreed to by conferees because of a procedural question regarding the "germaneness" of the com- mittee report. This resulted in action by the rules committee to pass a resolution which sus- pended the rules to allow debate of the tax report. The tax package as agreed to contains local option taxing authority for cities, a long -sought authority. The optional provision in the bill includes sales, payroll and wheel taxes. The payroll/earnings tax was substituted for the House income surtax option In conference committee and the fourth option dealing with property was deleted from the report. Also contained in the bill are provisions for dual sales of wine in both state liquor stores and private sales. This provision, if adopted, lessens the impact on reduced liquor profit revenue as contained in the Senate version which called for all wine sales to be taken out of the state monopoly. This would have reduced the inventory and also the base on which the liquor revenue is distributed to cities. The conference report also contains provisions for phasing aur of personal property tax, soles to exemption an machinery and equipment and elimination of the 70/30 replacement revenue to local government on machinery. This provision would apply to machinery and equipment purchased after January 1, 1985. Equipment purchased prior to that date would still be eligible to receive replacoment revenue from the state. The provision in the Senate version which would have eliminated the state municipal assistance fund in July of 1987 has been removed from the conference committee re- port and is no longer under consideration. Finally, the conference committee has reached agreement on an expanded list of items heretofore exempt from sales tax. This provision of the bill has created the greatest amount of controversy and the strongest reaction from various special interest groups that previously had no interest in the legislation. As agreed upon by the conference committee the tax would nw be collected on the following items: candy, soda pop, fruit punch, cable television bills, janitorial services, lottery tickets, campground fees, carpet and upholstering cleaning, gun and camera repairs, landscaping, pet grooming, car rentals, foot massages, security and de- tective services, tanning salons and water conditioning. Some legislative lobby- ists would have to collect sales tax on their fees. Passage by the Senate gives cities a major victory in las long -sought goal of financial independence for local government and preserving existing financial ' Assistance for cities through municipal assistance. Arguments in favor of the bill far outweighed those against and particular credit must be paid to Sen. Lowell Junkins, Senate Majority Leader, for his singular efforts in support of local option taxing authority. Credit must also go to other senators such as William Palmer, Chair of the Senate Mays and Means Committee, to - Sen. Hutchins, Assistant Majority Leader, Sen. Hultman, Senate Minority Leader, and the remainder of those who spoke favorably on this bill. This issue was not without controversy and all cl ty officials should write letters not only to the above-mentioned people but to their senators who supported the bill thanking them for their efforts. Assuming the (louse new passes the conference committee report, It will takeseveral days before the legislative fiscal bureau and the department of revenue will be able to provide us with a prcclse analysis of the Impact of all the provisions In the bill. 7ss .2 - Indications are that the Governor would sign the bill along with the lottery bill If the conference committee report passes. The effective date of the bill would be July 1, 1985. Therefore, those cities thai are anticipating placing a question on the ballot in November should begin to do some preliminary planning prior to the effective date so there will be no delays in piecing the question before voters in November. Such plans should include meetings with county officials, election commissioners, state department of revenue person- nel and legal to insure that all procedures are followed within the prescribed time frame. Additionally, it is recommended that cities begin to work with local chem. ber groups and civic organisations, taxpayer groups and employee groups in build. ing a coalition and a marketing plan for the ballot proposal. HOUSE JUDICIARY REPORTS BILL ON OUOTAS The House Judiciary and Law Enforcement Committee has reported SF 497 to the floor for debate. The bill, which has already passed the Senate, prohibits a state agency or a political subdivision from mandating or suggesting to a peace officer that the officer issue a certain number of traffic citations, police citations, memorandums of traffic, or memorandums of faulty equipment. The League is opposed to this bill because of its absolute intrusion into local management rights and local home rule and does not believe the state shouldinvolve itself through state statutes in matters of local concern. City officials should contact their state representatives immediately and either ask them to vote against the bill or to at least emend the bill to remove refer- ences to political subdivisions. Your representative can be contacted by calling the Statehouse at (SIS) 281-3221. SPECIAL SESSION POSSIBLE With only four weeks left in this regularly scheduled session, there is increased talk about the possibility of having a special legislative session this fall. One of the issues which would be the focus of a special session is the reworking of the state school aid formula. This Is a major issue and one that needs more time and attention than many legisla- tors feel they can devote to the subject at this time. Also needed before debetean this issue is a comprehensive set of fiscal notes and financial impact statementsto determine what changes in the formula would mean to each of the state's school dis- tricts and to property taxpayers in those districts. The other issue that could require a special session is changes to lowa's in lawif the Congress acts on tax reform legislation later this sumer. Same legislators have discussed the need to stay in session for several more weeks beyond the scheduled May 3 adjournment date inorder to better gauge the state's general fund and what, if anything, needs to be done to insure a balanced budget for state operations. WORKSHOP ON FLSA Because of the many calls of inquiry about the Impact of the Fair Labor Standards Act on local government, the League will sponsor a one -day workshop in Des Moineson May 10. The workshop will begin at 11:00 a.m. at Adventureland Inn (Int. 80 and Hubbell at the Altoona exit). A lunch will be provided along with materials and explanation an the Act. There is a registration fee of 110 per person to cover the cost of the meal and materials. Interested parties should call the League office for more information. FEDERAL BUDGET COMPROMISE Over the post ten days, Senate Majority Leader Dole And Budget Chair Domenici have been negotiating with the President, ONE Director Stockman And White (louse staff over a new budget package. As of this bulletin they have reached a compromise agreement. The compromise calls for the immediate elimination of Urban Development Action Granas (UDAGS). It calls for restoration of full funding for general revenue sharing next year Instead of 75y- _3_ the immediate elimination sought by President Reagan or the 50 percent cut sought by Oomenici. The compromise also calls for a cut in the Community Development Block Grant Program ICDBG) by 10 percent. The proposed compromise also Would eliminate EDA, the Small Business Administration, Rural (lousing and the Jobs Corps. It calls for deep reductions in each of the next three years in public transportation for a total of nearly $2 billion. It makes sharp cuts in public housing and Would reduce the federal highway program by $2.6 billion over the next three years. All other city programs Would be frozen at current levels. Floor consideration is new projected for the week of April 22, however it is uncertain whether there are 51 votes in favor of the package because of the increased spending in defense. The House and Senate are in recess until April 15. Please make every effort to contact your (louse and Senate members while they are home. ATIONS RESCiN In a major victory for cities, the House and Senate have now rescinded the onerous IRS regulations on the personal use of public vehicles, record keeping, ate. We .111 have more Information as it becomes available. PUBLIC FUNDS BILL AWAITING DEBATE Senate File 296, an Act relating to the Investment and deposit of public funds, is still awaiting debate in the House. The bill• which has already passed the Senate, is being reworked in the House to provide additional latitude for local government in the investment and deposit of public funds. An amendment has been filed to the Senate -passed bill which would strike everything after the enacting clause and extend the state sinking fund for two years until July 1, 1987. Other amendments being discussed include the Senate language providing forstatewide deposit of public funds rather than the current limitation for adjoining counties, clarification of security language for protection of public funds and removal of rule-making authority for the state comptroller relating to restricted or pension accounts. LOTTERY LEGISLATION AWAITING GOVERNOR'S SIGNATIRIE The state lottery bill is awaiting the Governor's signature. The mason for the delay 1s a process called "enrolling" which provides that the bill be properly developed and placed in final fom before it goes to the Governor. The other reason is a desire that this bill be sent to the Governor at the sometise as the tax package which contains provisions for exempting machinery and equipment from the sales tax. (t The lottery bill COntains afIO million package for local government betterment. ! GAS TAS BILL S71LL POSSIBLE A bill designed to raise $4S million in new revenue for streets and meds through j an additional 3e per gallon tax In motor fuel is still under consideration in the 1{ Senate although no formal bill has yet been proposed. f As discussed this measure would increase motor and diesel fuel over a time period With the first Increase of 2e per gallon coming this summer and the following It next year. If the measure is passed In it proposed form the tax would generate an additional $8.1 million In revenue to cities through the road use tax fund allocation system. Additionally cities would be able to compete for revenues placed In a special RISE fund at the state level to be administered by IDOT for the use of those projects which Would foster economic development in the state. Cities could qualify for this money and enter into an agreement with IDOT for Its use as long AS It met the criteria for funding. SENATE EXEMPTS CITIES' WORN COMP PROGRAM FROM PREMIUM TAX The Senate has passed, reconsidered and passed a second time SF 503, a bill to exempt certain associations of cities and counties from payment of the 2. Insurance premium tax on its self-insured workers' compensation program. .._........._.... _._........ ._...._..._.... ....... __.___._.. ....... 75-5— -a. The bill, which passed on a 44-1 vote the first time, was reconsidered because ofan ameMment to include other associations which had been excluded from the exemption an the first bill. The Senate argued successfully that application of the tax on these associations when the State had remained silent on the issue was done without the promulgation dthe net effect en na On ofadinis[tivVlesatatime whitrsnecessry totry e�Oe for employees to hold down costa. The bill now goes to the House where action is expected. LI ABILITY FOR SELF-INFLICTED INJLRIIES B an Act injuriesHouse orhas deathSedTheand billsent wouldthe exemptSenate cities] and employeesofateity self-inflicted facility bilitY r injuries or death dtoanraduadult risoner adhelThe bidoes not relieve the d in a city jail or detention the s or eath provide necessary medical assistancerifmthey a injuryisidie obligation to discovered. An amendment is expected in the Senate to provide that the city or ice employees alsoraritook or allperreasonable easuresnecessary stch factors protect pas mentalknownrisoners incompetency or anently ted due to intoxication. SENATE PASSES BILLBOARD COSIPFN5AT1ON BILL The Senate has passed and sent to the Hausa SF 441, a bill requiring compensation eto rected. of Theb6tlmwouldialsolbillboard is taken require compensation dto the !owner or it f theproperty lawfully ou tThe bill was he position ofssooma citiesrcurrentlylnts that involved inaction litigation onSenate thisrI ssue jeopardize The bill has been assigned to the louse Local Government Committee. CITY APPROPRIATION BILLS ON CALENDARS All of the appropriation bills for cities including municipal assistance, transit and sSenewage works the Mouse S['selffnue ate 476 and SnithegSenateeit's itSFh434. House or . in PSYCHOLOGICAL TESTING BILL PASSES HOUSE The eClow House has passed and a ant nt to the Senate HF 691, an Act relating to psYchologics testing As passed the 6111 provides that the academy shop, beginning July 1, 1such Provide for the passed cognitive and psychological a:yalnotions and administration of such exams at no cost to cities or the applicants and shall identify and procure individuals to interpret the examinations. MILITARY LEAVE BILL PASSES HOUSE assed tra ofabsence his passed and sent Senate 144. an Act to provide limits on leaves oyee rent provision se- s The bill passed would limit military leave of absence with pay to fifteen con cutive calendar days or two workweeks in • year rather than the cur, Ys. da which allows payment during the first thirty ed r six re The bill applies to public ic noslayels if the employee e been hisybeen ocalled totactive hs or rf ate and the limits with pay PP Y service by the Governor. The bill new goes to the Senate State Governmen[ Committee for consideration- The VETERANS' PREFERENCE BILL PASSES SENATE The Senate has passed 35-12 SF 266, a bill to provide for points to s•e[crans rather than the current absolute Provisions of lawn law. action on The bill Sa idthe House ealen- entical to IF 706 which is already awaiting dar. a— -5. Assuming then is no motion to reconsider, the Senate bill can be substituted for the (louse bill. Under the bill as passed by the Senate, all cities -ould have to have an application fon for available positions in their city and include an inquiry into an applicant -s military service record. t In civil service cities or non -civil service cities where a point -rated qualifying j exam Is in place, the procedure shall be the same as under civil service which is five points added after on exam is passed for veterans and 10 points after an exam is passed for disabled veterans. a a a I + I R CITY OF IOWA CIT CIVIC CFN(FR X1101 WASHNG70N Sl IOWA CIN, IOWA ,52240 (319) April 10, 1985 Executive Director Iowa nepartment of Nater, Air 8 Waste Management Henry A. Wallace Building 900 East Grand Avenue Des Moines, Iowa 50319-0120 Re: Notice of Intended Action - Revision of Water Quality Standards Dear Sir: Iowa City objects to the department's proposal to reclassify the waters of the Iowa River through Iowa City to Class A. The definition of Class A waters includes those waters used for skiing, swimming, tubing, wading, and canoeing. The intended action is to protect these users from exposure to high levels of Fecal Coliform. The Iowa River downstream of the Burlington Street dam and within the limits of influence (six miles downstream) of Iowa City's wastewater treatment plant is not used for those type of activities listed above. The only visible use is limited fishing below the Burlington Street dam, fishing from the river- bank from the Burlington Street dam downstream to the Highway 6 Bypass, and fishing boats south of the Highway 6 Bypass. The Iowa River flows through farmland for many miles before and after it passes through Coralviile and Iowa City. The runoff from agricultural land has a much more significant adverse bacterial impact on the Iowa River than the discharge from the Iowa City wastewater treatment plant. The department proposes to limit the Total Residual Chlorine (TRC) in the river to 0.008 mg/L. This is below detectable levels using existing methods of analysis. The department proposes to have each affected city calculate the TRC of the river from the TRC and flow rate of its wastewater treatment plant discharge and the flow rate of the river. This will require each city to have some method of gauging the flow rate of the river. Iowa City does not believe it is practical to construct and monitor a gauging station only for the purpose of monitoring TRC. Other Midwestern states do not have such a restrictive TRC limit for rivers similar to the Iowa River. For example, Illinois has a TRC limit of 0.75 mg/L, Michigan 0.50 ng/L and Wisconsin 0.14 mg/L. Only Minnesota has a TRC limit more restrictive than the proposed limit for Iowa. This severe restriction is an added burden to Iowa City, especially since the state is unwilling to provide any financial support. The estimated initial cost of $570,000 to install chlorination and dechlorination equipment would SSG Iowa Dept. of Water, Air b Waste Management April 10, 1985 Page 2 be significant. Also, the department's projected operating and maintenance cost for Iowa City is $161,000 annually. This cost is equivalent to 28% of Iowa City's current operating and maintenance budget for wastewater collec- tion and treatment. The Commission seems to be oblivious to the financial circumstances of the State and its cities. Iowa City requests the Department of Water, Air and Waste Management not reclassify the waters of the Iowa River through Iowa City to Class A. Due to the river's present use, the impact of Iowa City's wastewater treatment plant on stream quality relative to other existing sources of water pollution, and the high costs associated with chlorine treatment, Iowa City feels that the present class B warm water classification is appropriate for that section of the Iowa River from the Burlington Street dam downstream to beyond the influence of Iowa City's wastewater treatment plant. Sin erely yours, MMcOm McDonald Mayor cs/sp /St; CITY OF IOWA CITY CIVIC CENTER 410 E. WASHNGTON ST. IOWA CITY, IOWA 52240 (319) 356 5000 April 12, 1985 Mr. Robert W. Schlutz, Chairman Water, Air & Waste Management Commission Box 269 Columbus Junction, Iowa 52738 Dear Mr. Schlutz: Enclosed is a letter which I recently wrote to your executive director concerning the proposal to reclassify the Iowa River through Iowa City to a Class A stream. This change would be very costly for the City and does not seem to be justified based on existing scientific evidence. The Commission increasingly must be aware of the State's financial circumstances and the ability of the cities to meet reasonable requirements. Your disapproval of the request for reclassification is requested. Sincerely yours, John McDonald Mayor bdw5/4 Enclosure 756