HomeMy WebLinkAbout1985-06-04 Info PacketCity of Iowa City
MEMORANDUM
DATE: May 24, 1985
TO: City Council
FROM: City Manager
RE: informal Agendas and Meeting Schedule
May
27 1985
Monday
HOLIDAY - CITY OFFICES CLOSED
May
28 1985
Tuesday
NO INFORMAL
COUNCIL MEETING - SUMMER SCHEDULE
June
3 1985
Monday
12:00 - 4:30 P.M.- Council Chambers
City Council conducts interviews of candidates
for City
Attorney
6:30
- 8:30 P.M.
Council Chambers
6:30 P.M.
- Review zoning matters
7:15 P.M.
- Sidewalk Cafes
7:25 P.M..
- Urban Environment Ad Hoc Committee Report
7:35 P.M.
- Council agenda, Council time, Council committee
reports
7:45 P.M.
- Consider appointments to Airport Commission, Mayor's
Youth Employment Board, Board of Library Trustees,
Resources Conservation Commission
7:55 P.M.
- Evaluation of City Clerk and City Manager (Executive Session)
June
4 1985
Tuesday
7:30 P.M.
- Regular Council Meeting - Council Chambers
June
11 1985
Tuesday
NO INFORMAL
COUNCIL MEETING - SUMMER SCHEDULE
June
17 1985
Monday
6:30
- 8:30 P.M.
Council Chambers
6:30 P.M.
- Review zoning matters
7:00 P.M.
- Newspaper Vending Machines
7:30 P.M.
- City Plaza Fountain Barrier
8:00 P.M.
- Council agenda, Council time, Council committee
reports
8:15 P.M.
- Consider appointment to Design Review Committee
Riverfront Commission
and
June
18 1985
Tuesda-
7:30 P.M.
- Regular Council Meeting - Council Chambers
/00
City Council
May 24, 1985
Page 2
PENDING LIST
Priority A: Gas and Electric Franchises
Priority B: Leasing of Airport Land for Commercial Use
Congregate Housing Development Alternatives (June 1985)
Mortgage Revenue Bonds (August 1985)
Comprehensive Economic Development Program
City Administrative Code
Sewer Tap -on Fees and Requirements
Kirkwood/Dodge Signalization and Traffic Patterns (August 1985)
City Government Fees Structure
Council Pre -Budget Discussion (September 1985)
Coralville Milldam Project
Clear Creek Development Project
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City Council
May 24, 1985
Page 2
PENDING LIST
Priority A: Gas and Electric Franchises
Priority B: Leasing of Airport Land for Commercial Use
Congregate Housing Development Alternatives (June 1985)
Mortgage Revenue Bonds (August 1985)
Comprehensive Economic Development Program
City Administrative Code
Sewer Tap -on Fees and Requirements
Kirkwood/Dodge Signalization and Traffic Patterns (August 1985)
City Government Fees Structure
Council Pre -Budget Discussion (September 1985)
Coralville Milldam Project
Clear Creek Development Project
City of Iowa City
MEMORANDUM
DATE: May 24, 1985
TO: City Council
FROM: City Manager,,,�-7>/-
RE: Nepotism Policy
Enclosed is a copy of the City's Nepotism Policy. This policy was
enacted several years ago based on a review of appropriate laws and
policies government discrimination. The policy seems to work.
F]
Probationary Period
All new or promoted permanent employees will serve a probationary period
to be specified upon appointment. The probationary period shall be
utilized for closely monitoring employees' work, for securing the most
effective adjustment of a new or promoted employee to the position, and
for rejecting any employee whose performance at any time during this
period does not meet the required standards. Employee performance will be
formally evaluated at the completion of the probation period.
Promotions
Among equally qualified applicants, permanent City employees will receive
preference in job appointments.
Employment of Relatives
No person shall be employed, promoted or transferred to a department of
the City or to a division thereof when, as a result, he/she would be
supervising or receiving supervision from a member of his/her immediate
family. Members of immediate family for the purpose of this section are
mother, as:
fatheremployee's
mother-pio motse her -in-law, fatherrinylaw�habbrother, chsister,
I brother-in-law, sister-in-law, grandparents, uncles, aunts, nieces,
I
ephews, and first cousins.
When any of the above relationships is created by marriage (or
cohabitation) following employment, reasonable efforts will be made to
transfer one of the employees. Affected employees will first be given the
option of deciding which will transfer. If no indication is given,
seniority will be the governing factor and the least senior employee will
be subject to transfer.
Termination of Employment
R_esionation
Every permanent employee is expected to give at least ten working days
notice prior to the effective date of resignation. The notice should be
in to the immediate seisor. Termination dte
shall be theaemployee'snd irectedlast day in at a dance at work, except in casesaof
medical disability.
Retirement
Generally, employees will retire when they are no longer able to work as a
result of age or disability or at 70 years of age, whichever comes first.
Employees in the Police and Fire Departments will retire in accordance
with provisions of the laws of Iowa.
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City of Iowa City
_ MEMORANDUM
DATE] May 24, 1985
TO: City Council
FROM: City Manager
RE.' City Plaza Fountain Barrier
As requested by the City Council, attached are suggested changes or
barriers to the City Plaza Fountain. These will be referred to the
Design Review Committee for recommendation.
cc: Design Review Committee
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CITY OF IOWA CITY
CMC CENTER 410 E. WASHNGTON ST. IOWA CITY. IOWA 52240 (319) 356.5000
May 21, 1985
The Honorable Terry Branstad
Governor
State House
Des Moines, Iowa 50319
Dear Governor Branstad:
The purpose of this letter is to express Iowa City's strong opposition to
Senate File 364 and to urge you to veto that bill. There are many reasons
why Iowa City is taking this position.
1. S.F. 364 is the product of a great deal of debate and, at times, in-
fighting among legislators. The total negative impact this bill would
have on the collective bargaining process, if enacted, appears not to
have been analyzed or considered. In short, it is piecemeal legislation
without regard to the collective impact of its new provisions.
2. It seems ironic that this legislation comes at a time when state and
local governments are forced to cut spending in many areas and to assume
more financial responsibility. The financial impact of this extensive
expansion of the scope of bargaining is totally incompatible with the
current economic conditions in the State. You have received previous
correspondence and copies of letters which I sent to Senator Small and
Representatives Jean Lloyd -Jones and Minette Doderer which specifically
addresses our concerns in each area of the expanded "laundry list" for
mandatory topics of bargaining. I will not go into further detail here
but, refer you to that letter. Suffice it to say that the potential for
increased cost to government is especially evident when one considers the
fact that such issues as additional benefits, early retirement incentive
programs, insurance premiums for current employees when retired, pay for
unused sick leave upon separation, and other additional real cost
benefits, may be awarded by an outside arbitrator without taking into
account the priorities of the public employer.
3. This legislation makes mandatory the bargaining of several items which
have previously been regarded at employers' rights and which must
continue as a part of the policy determination of local government.
Decisions regarding criteria for staff reduction and recall, along with
minimum equipment and staffing, if placed in the hands of an outside
arbitrator, may have a grave impact on the ability of government to
finance and administer certain services. Government should retain the
right to establish its own service levels and funding priorities, and
should not be forced to negotiate in advance how these will be addressed
under future unknown conditions. Ultimately, faced with the impossible
/0 9�
Governor Terry Branstad
May 21, 1985
Page 2
task of staffing certain services beyond affordable limits, public
employers may be forced to seek other alternatives for providing those
services and private contracting may become more cost effective.
4. S.F. 364 comes into serious conflict with State civil service law as well
as with its own provisions. For example, the proposed new section 20.6A
would grant to the Public Employee Relations Board (PERE) the right to
order affirmative action to correct wrong action, order reinstatement of
employees, and award damages and interest as allowed by law. There
already exists a problem in these areas where bargaining unit employees
may first appeal discipline or discharge through the grievance procedure
(also made mandatory by S.F. 364) and then, if unsuccessful, again
through the civil service statute. This bili would give similar author-
ity to the PERB without defining its parameters, thus effectively
designating that board as a defacto arbitration panel whose decisions may
further confuse the issue of which decision is binding on the parties.
Each process is costly and when they conflict, they become counter-
productive to the final resolution of a dispute. This is a waste of
taxpayers' money.
5. This legislation condenses the period during which contract negotiations
may be conducted to the period between November 1 and January 5 at which
time the PERB will designate a mediator. It also allows for mediation
after only three sessions which, in many cases, may serve as a disincen-
tive for voluntary settlement. Depending upon the number and complexity
of issues to be addressed, effective bargaining may legitimately require
considerably more time than the proposed legislation allows. In addi-
tion, public employers and employees alike often utilize consultants to
assist in negotiations or to serve as chief negotiators. This provision
would severely limit the availability of these consultants, many of whom
work for several public employers or bargaining unit representatives.
Further, the ten day maximum between first, second, and third bargaining
sessions, along with the shortened time for bargaining, may represent a
hardship for those employers or employee representatives who must keep
their respective parent bodies (such as city councils, school boards, or
i union membership at large) informed as bargaining progresses. For
example, most city councils in Iowa do not meet weekly and may require
costly special meetings for this purposes. In addition, time is needed
to research and cost out proposals, prepare counterproposals, and simply
give serious and adequate consideration to all items proposed. Short-
ening of the bargaining period may act as a serious detriment to success-
ful negotiation of voluntary settlements, particularly to those who have
developed good bargaining skills and relationships over the past ten
years.
6. This legislation mandates multi-year contracts which may, in some cases,
not be desirable to either party. This should be left to the discretion
of the parties to negotiate.
/o9z
Governor Terry Branstad
May 21, 1985
Page 3
1. S.F. 364 states that "...proposals reasonably related to wages 'shall' be
renegotiated each year of a contract." (Emphasis added.) It thus
mandates wage reopeners and precludes multi-year agreements on wages,
even if both parties agree. Such a ridiculous provision is totally
counterproductive to effective bargaining.
8. The new definition of "confidential employee" would exclude those simply
having access to labor relations information and would apply only to
those who act or assist to formulate, determine, and effectuate
managerial decisions affecting labor relations." This is an unworkable i
definition. Many employees such as computer operators and clerical
staff, while not active in the decision making process, continually have
access to information relating to the public employer's bargaining
position and strategies. Their confidentiality remains absolutely
imperative. The current definition of confidential employee should not
be changed.
9. The term "certificated employee" is referenced in the proposed legisla-
tion but is not defined. This is unworkable. j
10. The proposed legislation gives the PERB authority to order factfinding
and arbitration. This should not be done except at the request of either
party and should remain within the control of the parties as is now the
case. The current legislation provides a clear deadline under which all
parties must operate and that deadline should be sufficient to cause the
i
parties to request and utilize impasse services in a timely manner.
11. This bill would limit the alternatives of an arbitrator to only the final
offer of either the employer or the union in interest arbitration. The
current statute allows, in addition, that an arbitrator may select the
recommendations of the fact finder as a third alternative. Such recom-
mendations often represent a suitable and appropriate compromise which
should be given weight by an arbitrator, particularly in the case where
one side or the other is willing to settle a dispute based on a fact -
finder's recommendation.
Senate File 364 greatly expands the scope of bargaining to a degree to which
Iowa City is adamantly opposed, especially at a time when financial resources
are severely limited at all levels of government. It represents a potential
for significant cost increases and expands into areas of fiscal and opera-
tional policy making which must remain within the prerogative of each
individual governmental body as a public employer.
In addition, this bill removes a great deal of discretion from both public
employer and employee organizations and places these under the authority of
the PERB. It continues to be Iowa City's contention that effective, respon-
sible collective bargaining results from negotiations between parties which
assume the responsibility for making the process work and which do not rely
on a 'crutch" (in this case the PERE) to push them along, make decisions for
them, and perhaps unduly interfere in a process for which the involved
parties should have complete responsibility and for which the PERB was
109.2-
Governor Terry Branstad
May 21, 1985
Page 4
created to give broad oversight and impasse services as needed. The very
concept of giving more authority to the PERB represents regressive legisla-
tion which I sincerely hope the State of Iowa will not undertake.
I believe that it is in the best interest of public employers and employees
alike that this legislation not pass in its present form. Your veto will
ensure that a process which has evolved over a period of ten years will not
be jeopardized. I strongly urge that you exercise that veto in the case of
S.F.364.
Please contact me if I may provide further information relating to this
issue.
Si cerely yo�
urs,
�
hn McDonald
ayor
dh/sp
cc: Robert Harpster, Executive Director,
.League of Iowa Municipalities
Randy Peck, President, IPELRA
City Council
The Honorable Arthur Small
The Honorable Minnette Doderer
The Honorable Jean Lloyd -Jones
I
Governor Terry Branstad
May 21, 1985
Page 4
created to give broad oversight and impasse services as needed. The very
concept of giving more authority to the PERB represents regressive legisla-
tion which I sincerely hope the State of Iowa will not undertake.
I believe that it is in the best interest of public employers and employees
alike that this legislation not pass in its present form. Your veto will
ensure that a process which has evolved over a period of ten years will not
be jeopardized. I strongly urge that you exercise that veto in the case of
S.F.364.
Please contact me if I may provide further information relating to this
issue.
Si cerely yo�
urs,
�
hn McDonald
ayor
dh/sp
cc: Robert Harpster, Executive Director,
.League of Iowa Municipalities
Randy Peck, President, IPELRA
City Council
The Honorable Arthur Small
The Honorable Minnette Doderer
The Honorable Jean Lloyd -Jones
CITY OF IOWA CITY
CMC CENTER 410 E. WASHNGTON ST. IOWA CITY, IOWA 52240 (319) 355-50C)D
!
May 21, 1985
The Honorable Terry Branstad
Governor
State House
Des Moines, Iowa 50319
i
Dear Governor Branstad: !
Iowa City is strongly opposed to House File 750 which imposes a tonnage
fee on certain solid waste deposited in sanitary landfills. The revenue j
generated by this 251 per ton fee would go to the Department of Water,
Air and Waste Management to administer its groundwater monitoring
program, to develop groundwater quality standards, to conduct research
in alternative methods of solid waste disposal, and to conduct an
abatement and clean up program for sanitary landfills where owners or
operators of the facility are' unable to effectuate the abatement or
clean up. The City of Iowa City takes strong issue with this method of
financing the Department of Water, Air and Waste Management and the
funding of its expansion into the area of abatement and clean up of
unsafe or polluting landfills.
i
I am joining with other cities in requesting your veto of H.F. 750 as
it is totally inequitable and extremely expensive for those who
responsibly operate landfills and bear the cost of doing so in a safe
and effective manner.
Iowa City is currently in the midst of a project to control groundwater
problems at our landfill and to capture leachate and transport it to
our wastewater treatment facility for final processing. The cost of
this project, when completed in the fall of 1985, will total approxi-
mately $354 000. This entire expense will be borne by the users of
this landfi)l , primarily from Iowa City and surrounding areas in
Johnson County,
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H.F. 750 would direct a substantial amount of money to the Department f
of Water, Air and Waste Management, ten percent of which may be
allocated to other jurisdictions under non-specific guidelines, and the
remainder of which will fund activities which are essentially those now
funded by the State. The expense will be unfairly borne by those of us j
who elready bear the high costs of maintaining and operating safe '
landfills. At the same time, those who benefit will include those who
have failed to act responsibly in the past to ensure safe operations.
This bill creates a situation which is totally unacceptable to those of
us who have paid and will continue to pay the high costs of responsible
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1 Governor Terry Branstad
May 21, 1985
Page 2
solid waste disposal. We cannot afford to assume the additional
responsibility of financing similar operations for those who have
{ chosen not to address their problems in the past. It must remain the
responsibility of each individual jurisdiction to bear the cost of safe 9
and effective operation of a sanitary landfill, and that of the State
to fund its monitoring and research operations, w
Your veto of H.F. 750 will ensure that this unfair and inequitable I
legislation will not be imposed upon the responsible citizens of this
state and that the funding of State agencies will remain the function
of State government. .
Sierely yours,
tn McDonald I
ayor
cc: City Council
dh/sp
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CITY OF IOWA CITY
CIVIC CENTER 410 E. WASHNGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000
May 22, 1985
Ms. Nora Steinbrech
404 Magowan
Iowa City, Iowa 52240
Dear Ms. Steinbrech:
This is in response to your letter of April 17, 1985, to Mayor McDonald
concerning the situation with the traffic lights at the point at which
North Riverside Drive converges with Highway 6. The Traffic Engineer
has investigated this matter and has sent a request to the Iowa Depart-
ment of Transportation for permission to install over -the -lane
signalization at this location. The work will be undertaken by the City
as soon as approval is received. Thank you for your letter and concern.
Sincerely yours,
Neal G. Berlin
City Manager
cc: City Council
Jim Brachtel
/sp
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CITY OF IOWA CITY
CIVIC CENTER 410 E. WASHNGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000
May 22, 1985
Ms. Nora Steinbrech
404 Magowan
Iowa City, Iowa 52240
Dear Ms. Steinbrech:
This is in response to your letter of April 17, 1985, to Mayor McDonald
concerning the situation with the traffic lights at the point at which
North Riverside Drive converges with Highway 6. The Traffic Engineer
has investigated this matter and has sent a request to the Iowa Depart-
ment of Transportation for permission to install over -the -lane
signalization at this location. The work will be undertaken by the City
as soon as approval is received. Thank you for your letter and concern.
Sincerely yours,
Neal G. Berlin
City Manager
cc: City Council
Jim Brachtel
/sp
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kpril 17, 1985
The Honorable Mayor John MacDonald
Civic Center
410 E. Washington
Iowa City, Iowa
Your Honor:
RECEIVED APR 221985
I wish to bring a very dangerous situation to your attention in hopes
that something can be done to avert a tragedy. At the point where
North Riverside Drive converges with Highway 6, there is a stop light
that is OFTEN not seen by drivers travelling on Highway 6. Living, as
I do, in Manville Heights and travelling through that intersection on
my way to and from Roosevelt School each day, I have had too many
narrow escapes to count. Semi -trucks blast through the intersection
constantly, either not noticing the light or not wishing to stop so
soon after the last intersection. (Iowa Avenue)
Today, seven children who were riding with me in a van could have easily
been destroyed. Since I am used to proceeding with caution through the
green light, I noticed a pick-up barreling along. I waited even
though the truck was only half way between the two intersections be-
cause it looked as though he would not step. Sure enough, he raced
right through the red light even though other cars were stopped. I
honked and it was at that point that I saw him look in his rear view
mirror and notice the light.
I am used to the intersection but I am sure there are many who are not
and do not realize the danger they are in. It will do no good to post
police cars there because I don't believe people even see the light
in most instances. Could a light be installed that hangs over the
intersection? Perhaps one of the over -sized red lights might be more
noticeable. Since it is so close to the Iowa Avenue intersection,
I don't think there is a place to put A warning sign, unless it ie
hung under the light at Iowa Avenue.
tinatever precautions can be taken could save lives.
SIncere(lyy,,�
Nb�aSttin re6 ch "":7"�
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City of Iowa City
MEMORANDUM
Date: May 23, 1985
To: Mayor McDonald and City Council
From: Monica Moen, Associate Planner 1001-11
Re: Status of the Street Naming Policy
The Historic Preservation Commission, at its April 10 and May 8, 1985,
meetings, discussed the proposal to name new Iowa City streets after
individuals and/or events significant to local history. Although the
Commission has not, at the present time, developed a street naming policy,
the general concept appeals to Commission members and two members have
been directed to contact local historians for information as to possible
historical themes.
The Commission supports the idea of establishing themes on a quadrantal
basis within the community but hesitates to require developers to select
names which evoke those themes. The attitude among Commission members is
that it would be useful to generate a list of names for streets within new
subdivisions which would be consistent with particular. themes. This would
provide developers with a source of street names that'aremore imaginative
and less standard in nature. The list, however, is to be used only, as a
guide to enhance the range of names possible rather than as* a` -mandate
that had to be used at the expense of the developer's own imagination.
The Commission recognizes that street names within some subdivisions have
been selected because they may, for example describe the physical
environment of the area, commemorate a developeris family members, or are
named after a developer's interest. Presently, the Commission has
expressed reservations at limiting new street names to historic individu-
als or events while precluding developers' choices for street names.
Further action on this item will be taken by the Commission at its June
12, 1985, meeting. In the meanwhile, if you have any questions, please do
not hesitate to call me at 356-5247.
cc: Don Schmeiser, Director, PPD
Jim Hencin, CDBG Coordinator
tp4/3
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City of Iowa City
MEMORANDUM
Date: May 22, 1985
To: City Council /;�, j
From: T. Allen Cassa y Acting Directok Parks & Recreation Department
Karin Franklin, Senior Planne
Re: Neighborhood Open Space Plan - Progress Report
In April the Council referred the development of a neighborhood open space
plan and acquisition ordinance to the Planning and Zoning Commission and
the Parks and Recreation Commission. An advisory committee comprised of
two members from each of the Commissions was formed. This Committee has
met every two weeks since April 11. The Committee is in the process of
drafting a plan and an ordinance which is tentatively scheduled for joint
public hearing before the Planning and Zoning Commission and the Parks and
Recreation Commission on July 18. To meet the September 30 deadline for
ordinance adoption set by the Council, the public hearing before the
Council on the plan and ordinance would take place in August. We suggest
that due to the importance of this item and the fact that many people are
out of town in August, the Council hold the public hearing at its
September 10 meeting and adopt the ordinance on October 22, or waive the
readings for earlier adoption.
The advisory committee has reached preliminary concurrence on the fol-
lowing:
1. That neighborhood open space should be provided throughout the City;
2. That the physical attributes and demand for open space will vary de-
pending on housing types, density, and location;
3. That the city can be delineated into three zones - the inner city, the
developed areas, and the developing area - with open space districts
outlined in each zone;
4. That given time constraints imposed, the ordinance developed for rec-
ommendation will address only acquisition of open space in developing
areas, but that the other zones will be addressed in the near future;
5. That University property, city-wide parks (Hickory Hill, Mercer, City
Park), schools, and private open space should be factored into a needs
assessment for each open space district; and
6. That stormwater detention areas and environmentally sensitive areas be
considered for fulfilling a portion of the open spare needs of a de-
velopment.
/09G
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1. That methods of funding acquisition and development such as pub-
lic-private ventures and foundations should be evaluated in addition
to the exaction of fees.
These points are tentative at this time. Not until the plan document and
ordinance are recommended by the Commissions in July will these statements
be conclusive. This information is presented to the Council at this time
in response to your request at the time of referral.
The plan process and the deliberations of the Committee address many of
the points of the letter presented to the Council by the Home Builders'
Association in March (enclosed). The cost containment issue raised by the
Association will be considered in any proposal; members of the Association
have consented to work with the City staff to provide development cost
figures to be used in an analysis of the fiscal implications of any open
space legislation.
cc: Neighborhood Open Space Advisory Committee
Planning and Zoning Commission
Parks and Recreation Commission
Home Builders' Association
bc4
/D 96
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parks 8e recreation department MEMO
to: Neal Berlin, City Manager from: Terryl Robinson, City Forester/
Horticulturist/
re: Tree Planting Program date : May 24, 1985 FSI
eom/_j '
The Forestry Division has planted 76 trees along the street or on private
property in 1985. Sixty-five of these trees were planted in the parking;
eleven were planted on private property.
The trees planted were Red Oak, Sugar Maple, Crimson King Maple, American
Linden, Bradford Pear, Autumn Purple Ash, Hackberry, Flowering Dogwood,
and Sunburst Locust. The trees are 2" caliper size that range in height
from eight to twelve feet.
Eight of the sixty-five trees planted in the parking were replacements
for trees removed in older sections of the city. The remaining fifty-
seven were planted in the southwest section of the city bordered by
Highway 6 and Taylor Drive.
We are having some limited success with planting trees on private property.
More frequently than we anticipated, citizens whose lots are devoid of
trees do not wish to have any trees planted. In some instances, owners
who would like to have more trees already have an optimum number and
should not plant any more.
We did expend all of the funds allocated for the planting project. The
average cost of the trees in FY84 was $167.00 per tree. The cost will
average $131.00 per tree in FY85. This cost reduction comes primarily
from reduction in size from 2Jf" to 2", and also from increased competi-
tion between bidders.
TLR/dh
cc: T. Allen Cassady, Acting Director
city of iowa city
City of Iowa City
= MEMORANPUM1n'
Date: May 15, 1985
To: Honorable Mayor and City Council
From: John Lundell, Transportation Planrr�,
F'
James Brachtel, Traffic Engineerd�4-
Re: Clinton Street Bus Lanes �� / Iv
The Council has expressed interest in the bus lane area of the 10 block of
South Clinton Street. Principal concerns were the signage and an island or
extension of sidewalk on the south end of the 10 block of South Clinton
Street.
The signs in this area are appropriate. Bus staging areas are properly and
adequately identified. Bus passengers should be able to locate route staging
areas with no difficulty. Vehicular drivers should be able to understand the
traffic control in the area with no difficulty.
Council has requested that the possibility of enlarging the island in the
northwest quadrant of the Clinton Street/Washington Street intersection be
investigated. The portion of the plans showing this area are attached to
this memo. As can be seen the western curb line of Clinton Street is
adjusted to the east approximately ten feet to provide an island for pedes-
trians.
A 20 foot -radius was used on the northeast quadrant of the intersection. The
small radius creates a much larger area behind the curb. The small radius
was selected because no traffic turns adjacent to the curb lane. Therefore,
no turning traffic would be restricted by the curb.
However, a much larger radius was required for the northwest quadrant. A 50
foot radius was used. The radius was required to accommodate right turning
buses. If a lesser radius had been selected, a right turning bus would drive
its rear wheels over the curb and sidewalk as it completed its right turn.
The large radius is necessary to accommodate the right turning bus traffic.
Thus, the island is not as pronounced as the island on the east side of
Clinton Street.
The inlaid brick crosswalk is aligned with east -west sidewalks on the north
side of Washington Street. The crosswalk could be adjusted to the north to
take advantage of the shorter crossing distance between curbs. However, it
would no longer be aligned with the sidewalk. Few east -west pedestrians
would take advantage of the more northerly crosswalk, choosing instead to
walk a straight path as is currently shown by the inlaid brick.
In suomaj „ the existing island conditions are the best compromise between
pedestrian needs and bus turning movement requirements. Should you require
additional information or comments, please do not hesitate to contact us.
bj2/12
/0 9f
1- 2° GOND
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I=
City of Iowa City
= MEMORANDUM S
Date: May 20, 1985 GI Com"
To: City Council/Neal Berlin l `I�
From: James L. Schoenfelder, Energy Coordinator
Re: Waste -to -Energy Update Proposal to the Iowa Energy Policy Council
I was informed on May 16, 1985, that the City's request for matching funds
($15,000) from the Iowa Energy Policy Council for an update of the 1981
Waste -to -Energy study was denied. Reasons for denial were as follows:
1. Same reviewers were concerned about the advisability of burning RDF
(Refuse Derived Fuel) in the proposed University of Iowa Fluidized Bed
Reactor boiler system.
2. Some reviewers felt not enough time had elapsed since the last study was
conducted (1981).
3. The IEPC had only $20,000 for their biomass program and felt $15,000 to
one applicant probably excessive.
bdwl/9
As Volunteer and Friend of the Big Brothers/Big Sisters Program
You and your'Little Brother or Little Sister
are invited to the
"Big Brothers/Big Sisters Volunteer Appreciation Barbeque"
and Awards Ceremony
Tuesday, June 4, 1985
Montgomery Hall, 4H Fairgrounds
Iowa City, Iowa
Barbeque and Games at 5:30 p.m.. Awards Program following.
RSVP by -May 31st to 337-2145
This event recognizes the contributions of the outstanding
volunteers and friends of the Big Brothers/Big Sisters Program.
Please attend as our guests
Ar
a � ,
I
THE WALL STREET JOURNAL WEDNESDAY. MAY j"1, 1585
A Breath of Free Markets in Zoning
By Roster H. NEWN
In the past Year homeowners In AtI nts
and managed to d�wbte or triple ttheva ue of
their property, by unsnlmoualy deciding to
sell their entire helg6borhood as a single
Package so mine Intensive derekryrrment
could occur. The lure of such runs macm
low, thereby significantly nassertmt the
role of market forces In U.S. land use.
In a ldluon, thd Supreme Court Is ex•
pected to rule next month In one of the
most Imporrinl aft caw In
years Hamilton Balt W. wiluarnson
Canty t7m) Replalal PLOD* Cam -
mission. The ruling mmdd require munid-
Wiles. In effect, to lxnehase stmhq
changes from property owners If tamlK
laws are dee ned to have "taken" too
much of the property's value.
Por
with a h a years. A p riy owner
heed municipl taklOro{ of his law
pe raft under the hw o! ''lm;; coo•
deuuatloa" But thts law has never been
applied to uoing, even when the pmetieai
effect hu been to 'Yate" the land. The
rorty pndbk rm In seeing cages bas
been to overturn the mixtetim Itself. The
Court
the dptysim hetn�ghWtto such ttb&
landowne
munici
tkit
bel a l m Ineffect,
ao t g9ekuge theYt
desired, WeumWY creatInga hrnaskIng
pecident forother klodt ofWe of zonft.
purehue and
Politics Playa Large Past
Zoning was firt established In the U.S.
In Isle. At a modus of the Ptornmaiv,
the to government When the Supreme
Court es --much utke�g �mtlmal 1n
Surprise of many at the
time—It viewed It as a draftable tool that
Would be used to Implement compnben•
sive lmd•use plem prepared by the most
knowledgeable experts.
Land -un planning turned at to be
much more an than Science; In practice.
most formal plans Wen Simply Ignored.
fie progressive Idea that politics could be
separated from the planning and admink•
trative proem of urdns bat long since
been discredited. Planning Emory became
Lin Intellectual ratlmallutlon for protect -
Ing current property owners.
Zoning hes served essentially the same
protective
tlthrough membership Inv
ahoeved me.
owners association or a largrsoale condo•
malum development. Zoning was mltluly
sought by existing neighborhoods With sep
antety owned properties; It was much
easier In these nelghboeboods to protect
their environments with government ton.
Ing. Private action alone would have re -
puked the ueanlmous consent of W the
property owners, Which would be hnpranti•
cal. The effective result of sown was to
ensu new collective property tights to
'Vol wpron1184'. soamg has yielded So-
clal consequences typical of private prop
arty rights. •'Bxdusionary" sming merely
Slurs property, owners the power to ex•
elude other users; It thus helps the rich to
Bye In -much better ndghborboods. Just as
nitb�ceast�its. ran ll In
fancier am e
Because coning don not alkw for our•
kilt ftmud=. It makes many beneficial
borhoods to sell zoning chengn dlrecuy
wiWn the neighborhood. Property owners
would have to form an assoelulon in order
to W collectively. The munlelpahty would
an transfer Its inning authorities to the
neighborhood aoocdatlm, It would exec
ch nClghborh0ad We Centrots u s private
property right—In the Same Way that a
ciadombdum saSoebust now regulates
the "cormoW elements."Like the owner of
any other private property. the neighbor•
bond association could sell rights of entry
Into the nelghborhood or enter Into other
commercial tnntantinpa. In effect. a new
legal• entity-tbe. private n igbborbood—
telghborhood night. for aero-
an edsting boom to be eon -
to gun
The fdtinae decwiorrmalfinp pown on bond 'We
would fere where a propedy bekvg -with property
oalrim, rather than political cooties. .
to land
been criticized
save nal enc
the sul
WW*
e� Inrame
bigootteando
strictive goilmb
slam on Housuy
the courts ado;
to asprovisr m
t dlmcat or Impossible.
acceptance for a new mutt
for example, has lomg
unit. In some cues, the tad
cause It Is used to pre-
dents mlght agree—either
imemk,thereby lind
by some nearuwntosus
en supply of low• and
sell W their prpperdesto s
matng, clung high hose•
new use ofetb I" The in
adverse Impacts of rF
aoriatlm Would have to a
e President's Commit-
rule for the allocation of
serve me protective funs
served by inning, but at
ttoduce greater Berdbl
market transactions In
Sales of soning have 1
thing for some time in a
who a muuapauty u
unrelated to costs as a n
Ing charm, or requbrea
padhind or other fad
Dubuc use. The Idea of ti
In
Sim to sen "free•noat
rights, that Is In any. a
some other as yet urm
A further evolution v
in action.
11, a wave of
mtly begun to
of a new Sys -
Flu would pre
s already well
woe time in.
by 19
ebangng
cl leen occur
lu
a Iamb ten
JIM for a son•
e do=lm of
I for general
ferable
devel-
Mple. as can•
{rand Central
leslpatim as
I"i permit•
devetoptnent
n chanR u
M loutlon.
Wow neigh•
or
some
in of.
o m nemgaooranon um on. Far ex•
a neighborhood association might
I an otter of OW.ODo to accept a new
dence store. It would then have In
the benefits of aftulnrthe am—
ties. Depending on the magnitude of the
chance, declsims to accept or reject such
often might regsin a majority or super
majority approval. The current tuning sys•
tem makes these same dedsims, but out.
side the nsigbhorho id and fa hue flexibly,
because an entire use classification must
citcr 0. accepted a rcjecL+d outrl:h„
and no financial payments can tray be
made for toning changes,
In Sddluon to much greater flexibility
In admitting new uses, private neighbor•
hoods would oma wider options In the
types of controls over existing structures.
Some neighborhoods might pater a mini.
mum of cmttol. Others might preferstrict .
Ewde11nes an ucwtecturat dun jes, Ind
waft am on exterior MUM cur-.
rent maing law does not Wow for these ar
tangs ntr,topesdfmptainashwereg.'.
ulatory regime as on ..
While "Dom of 6h a mtem might -
Yea a resale poadgltty, the even of
the past year mom that It L already be-...
gluft L devetep. In the W4 Atlama
ttaoaaedon 3DW above, the aim paw -'-
for the abole WWWbood WAS eomm[eMt _
on addeft a >oaU[ change that the..
[hhorbded residents themselves would.
Yet flan the mmtldpWfy. In one in-'
sum, the i>s bmneownm of the Rings
bomugh•Spring 1011 subdlvWm formed R.I.:'
empasdm that woodated a price of.
anrmd gas muum for the sate of W their....
ptopetZ. Two�dmlly ads Wbawl �been rr:
amp L howbo leaypamto* Wass Rome ptedw am theorr".
ar�wlteprteriladlwtlpna-a0ndf .
einem ytir aara0dacift Malting In
private nelghbaboodo will lotrodmes be a.,
maw aw. aadog MUM aotasgneighbors. MOW ..
them together tea � tee dte�.
ba. . aommuatW. PrivW mwdmr...
bonds would [eneralty but voting eharee.....
m prapety owaar+atp nth" then "me
man, one vote,^ aleft relative ratio[
Crnd Yetuft antes
Ean the mil t prOCaaa AI -
Louth adlYonmts might be Made -ouch - -
Y Riming rmUn to vote tee one is,
sun -ouch private neighborhoods could be.
atm Y a vWadm of de noaadc pdW- :
0990 dKISlWmaft poser would rat
where it property belo gs-with property
omen, rather than pollilut emltlea. .
But any c000em mus be compared.
not with acme Ideal caerept, but with the ..
Yuan prablatn d the a
eanInw
tau 1Mmeov, hadchangegs change b morn[ U. .
taevitable; the real question U whether tu.. -
tare cbarMo w111 taeagnW that mate[ at•...
tl�pmperiy right, atl0lild 0oR be tor... .
mally entered two a marts q%um. _
Yr. Nelson it the author q/ "Soalap Rod- .
Prayerfy ftw" %w Prue, Inn. He••--
curmrtly corks fa the Office q/ PoScy
Amlyrk at ft U.S. lelerfor Departmeet.
Federal Revenue Sharing Likely to End
Despite P pul3a'.�('.ty With Local Officials
2 . e oarm,s >.vWMI
aW/nmons NT,¢ W. 11 .ar7ounu
WASELWGMN — James McNulty, the
mayor of Scranton. Pa., charges that too-
Ur a for Is about reesidto °mU by 50%. ake him raise property
71ut's bow much kat taxa nisi rhe.
he says, if Washing= eliminator the 629
mtipm Scranton gals aoaaaBY horn the
federal rornummt's revmucWuriog pro-
gram. Tbere may be ream to retard the
testirrtoey. palms
UP the unkaPPmea of
tostubfumalow��for the "Congresspreptume
Sias IM federal revenue shift has
f model! nearly gar halloo to State and b
W govemmmts. Critics lure lore as•
sailed it ban both left and right arguing
that the "wtnfegs" aid does tl give
Washington enough antral over bore It Is
used and that ern much money has gape to
Commrmltls that don's rally new it
Now. Fwal and Mdgdary premue:
seem to be on the wife of forcing a majer
reduction In the program—sed soon its Out-
right
The budget approved by the Senate
would preserve the pmgran W its tueent
MS billion level only Ihmugh the end of
fiscal 1986, when It would be killed The
House Budget tbrmduee plan would go
even tether. m Ing it by 25% N Uveal
M before ending IL
It's a ridiculous pra�art�^ says Sen.
William Proxmire ID., X7s.1 a Iong•1Lne
critic. "More useless golf courses, swim-
ming Peak and tem4 earls have been
butt with menue sharing than you can
shake a stick AL"
IJltle-icor a Program
But the program remWas hugely M.
m among Inial officials. Nearly every
tom. city and county in the coontry ee•
cdvn W Jew some avenueshaMg
money, orad surveys show it Is used for ev
aytfdng from Pollee service to garbage
edlddlon. (Congress dmpw ams form
the program In H80). Yet bemuse ter
voters are aware of what the program
does—and because members of Congress
get lift political benellt back home ban
ti—there Is comparatively little astiment
to waodageon to preearre
amRbragaboutgd.
thg us this or that as a result of their d•
tate, an tbWm kas alYWafk about it„
says Iedlamapotis Mayor WILLIAM Hudnut
It may be one of the easier ads to
make," acknowledges Rep. Rkchaed AT -
Dory, a Teals Republican. Such a vote
wmY"hurtme a W pal tially." be adds.
When citlaes complain to their represen-
ativn in WsWogton about psopsed
budget cuts. It Is usually about more visi-
ble programs. such as Social Security,
Medicare and farm programs.
Critics have long complained that the
formula sed in revenue sharing ands
money to many loaWis that don't really
. need It. Fbr instance, Beverly Hills. Calif.,
currently receives =8,043 a year from the
progan4 even though it Is one of the
wealthiest communities in the nation. It
uses its funds to reseed parks and main-
tain Its libraries, fuodios that will con-
tinue even without the federal aid. In other
well-off communities, federal funds have
gone for such ams as recreational facet.
ties.
Dim Consequeam PnMeW
But financially hard-pressed eommunl•
ties predict dare eomequmen. In Scran•
ton, for Instance, buriuea administrator
Richard ROai says the city Wready has
Pared Its services dam m "the bare can.
[aids;' laving m alternative but higher
taxes. And Berton Harbor, Mich., says an
end to revenue suft would fora It W
Iay Off 15 of its already skeletal face W 110
r.oalgovemmenl groups pulled out all
the stops this year to try to save the pro•
gam. Al Horse bearings thissplirg, for
example. the gaups for the flat time pro
duW eWles aleydescribed u read -life beep
�. upped Pealle ople and buttered
wmtem And the National AOoelstim of
Tors and TMMWP 1st meoth mo-
on Capitol Hill. bandlag each lawmaker a
cptpPpt"Printoutotrevenue sharws M•
pact In his or her dWricL
However, even program fawor im
such as Rep. Barbara. Boxer, a CrWomia
Democrat say ft's had,m argue for ahar,
tog federal re when the fedeal ger.
emment Is i
short of nmey. "You can
Led) ad at a program that's called 'rave.
Due sharing' when you're In a deficit' Rep.
Boxer says. "It Just cries out lust because
Of that"
Ile.Z
0
City of Iowa City
MEMORANDUM
DATE: May 31, 1985
TO: City Council
FROM: City Manager
RE: Material in Friday's Packet
Memorandum from the Finance Director regarding processing of application
for'IRSs for the Millard Warehouse Project, Phase III. 1
Memorandum from the City Engineer regarding Mesquakie Park.
Memorandum from the Airport Commission and Airport Manager regarding
the HLM Hangar and equipment storage building.
Outline and analysis, Local Option Tax Provisions, S.F. 395, prepared by
the League of Iowa Municipalities. 1
Article: Dispute over utility tax 1
Letter from Iowa Department of Transportation regarding a public information
meeting about the proposed improvement of Interstate 80 and First Avenue
(Coralville) intersection.
Calendar for June 1985. /
Blueprints from Larry Svoboda re space needs for City
Memo from City Mgr. re Process for Recruitment of Fire Chief
i
City of Iowa City
MEMORANDUM,
Date: May 30, 1985
To: City Council and City ManagerM(/,'�
From: Rosemary Vitosh, Director of Finance U /��
Re: Processing of Application for IRBs for the i11M and Warehous�epv�
Project, Phase III
The public hearing for the issuance of the Phase III bonds is set for
June 18, 1985. Once the public hearing is held, Council is to next
consider a resolution to proceed with the bond issue. The Code of Iowa
dictates that the resolution must be considered at the same meeting at
which the public hearing is held.
Approximately one year ago, the Council adopted the policy that the reso-
lution to proceed should not be considered until their following formal
meeting in order to have time to consider the public input received at the
public hearing. Therefore, on all IRB issues, we hold the public hearing
and then adjourn the public hearing to the next meeting at which time the
resolution to proceed is considered.
Because of the small number of meetings scheduled in July this summer, the
approval for this bond issue will be greatly delayed. For example, the
public hearing will be held on June 18 but the additional resolutions
cannot be considered until the next meeting which would be July 16. The
bond counsel for Millard Warehouse has requested that the Council make an
exception for this bond issue and consider approving the final resolutions
at the June 18 meeting immediately following the public hearing. This
would include the resolution to proceed and the resolution which gives
final authorization to issue the bonds.
I do not see any problems with this since this issue is for Phase III of
the project and no opposition has been received previously for bonds
issued for Phases I and II or for the project as a whole. I recommend
that Council give staff permission to add the resolutions to the June 18,
1985, meeting agenda immediately following the public hearing.
For your information, Millard Warehouse will soon be submitting a new
never application new lan
erbeforefor Phase lV of the project. Since
cacompletely
presented to theC Council or hepublic,it
benecessary
to follow the normal processing procedures, application review and
Council schedule for approval.
Unless I hear from you otherwise, I will proceed with placing all the
resolutions on the June 18, 1985 agenda.
bj2/3
City of Iowa City
MEMORANDUM
Date: May 29, 1985
To: Neal Berlin, City Manager
From: Frank Farmer, City Engineer d
Re: Mesquakie Park Referral
To assist the Parks Division with regard to the development of. Mesquakie
Park, the Engineering Division will prepare a plat showing the property
lines, location of the pond, and the snow storage area. Elevations will be
taken on a 100 foot grid over the area. In addition, to determine the
approximate depth of the topsoil, the survey crew will excavate to the top of
the refuse (one and a half foot maximum), at each 100 foot grid point.
The lagoon utilized by the Pollution Control Division for sludge storage will
be leveled and the area mowed prior to the execution of the field work. It
is anticipated that all of the engineering work will be completed by November
1, 1985.
bdw3/2
cc: Al Cassady
Chuck Schmadeke
Bud Stockman
Steve Miller
7
City of Iowa City
MEMORANDUM
Date: May 30, 1985
To: City Council and City Manager
From: Joe Tiffany, Chairman, Airport Commission
Fred Zehr, Airport Manager
Re: HLM Hangar/Equipment Storage Building
The lease for the corporate hangar with Hansen Lind Meyer has been success-
fully negotiated. The monthly rental will be $1,849 and will amortize HLM's
portion of the building. Total cost for the project will be $165,000 for the
HLM hangar and $60,000 for the airport's equipment storage. The term of the
lease is for 15 years with three five-year options. The $1,849 rental was
calculated by Rosemary Vitosh to service the debt of the GO bond for the
project. The $60,000 for the equipment storage portion will be financed out
of the airport's improvements reserve account.
Included in the lease is the option for HLM to install their own fuel tank in
accordance with the recently adopted self -fueling ordinance. Hansen Lind
Meyer will pay a flowage fee of five cents per gallon if they installed the
fuel tank, meaning increased revenues for the airport in excess of $2,000 per
year.
Attached is a copy of the lease signed by HLM for your consideration. Please
consider this lease at your next meeting on June 3, 1985. The Airport
Commission plans to execute this lease and award the bid for the project at
their next meeting on June 13, 1985, unless we hear from you that there are
problems with these arrangements.
bdw4/1
go -r
I
■
HA14GAR LEASE
THIS LEASE made and entered into this day of l9 by
and between IOWA CITY AIRPORT COMIISSIOX of Iowa C ty,� Johnson County, Iowa
(hereinafter called the 'LESSOR') and Hansen Lind Meyer, P.C. (hereinafter
called the 'LESSEE') whose address for the purpose of this lease is Drawer 310,
Plaza Centre One, Iowa City, Iowa, contains the following terns and agreements:
WITNESSETH
1. The lessor agrees to rent to the lessee and the lessee agrees to rent from
the lessor a corporate hangar of approximately 60' X DO' with attached
office space of approximately 20' X 40' to be constructed and located
according to the plans and specifications therefor, plus any mutually
agreed to amendments thereto, which plans and specifications are attached
hereto respectively as Exhibit A and Exhibit 8 and are hereby incorporated
herein. The leasehold praises shall also include space for the lessee to
install, if the lessee so elects, an underground fuel farm facility to be
constructed at the expense of the lessee, the precise location and any
easements therefor as provided in paragraph 20 herein. Said fuel farm
facility shalt be deemed to be a fixture and shall not be removed from the
leased premises without the written permission of the Lessor. Also included
I,
the leasehold premises are adjacent parking facilities for six automo-
biles.
2. The term of this lease shall be from September 1, 1985, or when said struc-
ture is completed, whichever is later, through December 31, 2000. In
addition, the lessee shall have three five year options to renew this lease
on the same terms and conditions provided that the lessee notifies the
lessor in writing of its intent to exercise the option, said notice to be
perfected at least 60 days prior to the termination of the original
leasehold or any extensions thereof. Said notice shall be perfected by
posting the am by ordinary mail to the U.S. Post Office addressed to the
Chaimm of the Iowa City Airport Commission, Civic Center, Iowa City,
low.
3. For the original tem of this lease, lessee agrees to pay lessor as rental
for the desired praises and for the rights and privileges herein granted
to the lessee and covering the facilities described Mrein, a monthly
rental of 319490 said monthly rent payable in advance on the first day of
each month beginning with the commencement of the tem of this lease as
defined in Paragraph 2. In the event the tem of this lease coemnces on a
day other than the first day of the meth, the monthly rental for that
first month shall be pro rata. Effective as of November 7, 2000, Novemben
7, 2005, and November 7, 2010, in the event of renewl as provided in
paragraph 2, the rent as set out above herein shell be renegotiated and
agreed upon by the parties hereto for the following respective five years.
In no
event shall any renegotiated rent exceed an amount equal to the prior
rent plus any increase in the consumer price index (C.P.I.) during the
prior rental period. In the event the parties hereto fail to agree upon
said rent by November 28th of each of the above said years, said rent shell
be determined for said five year tem by arbitration, with each of said
parties selecting an arbitrator by December 1st of each of said years and
the two so chosen selecting a third arbitrator by December 6th of said year
and with the decision of two of the three so chosen to be final as a deter-
mination of the rent under this lease for said five year period. In the
event of determination of rent by arbitration, the parties hereto shall be
bound thereby; however, the lessee may opt not to renew this lease by
giving written notice of same to lessor within seven (7) days after the
final rent decision of the arbitrators in which event this lease shell
expire thirty (30) days after receipt by the lessor of said written notice
from lessee.
4. Lessee shell be entitled to possession on the first day of the tem of this
lease, and shall yield possession to the lessor at the date arid close of
this lease tem, except as herein otherwise expressly provided. Should
lessor be unable to give possession on September 1, 1985, lessee's only i
damages shall be a rebating of the pro rate rental incept, if possession is
not granted by April 1, 1906, this lease can be terminated without further
obi igation at the option of the lessee, unless the inability of lessor to
give possession by April 1, 1966 is due to circumstances beyond lessor's
control such as labor strikes, delays or shortages of equipment, and Acts
of God.
I
11or
2
S. Lessee agrees during the term or this lease to use and to occupy the
leasehold premises for aircraft storage, aircraft service vehicles, storage
of aircraft oil and lubricants, automobile parking, general office use, and
office file storage. No commercial aviation activities are permitted under
this lease unless the provisions of Chapter a, Article III of the Code of
Ordinances of the City of Iowa City, Iowa, have been met.
6. Lessor agrees to be responsible for the structural maintenance and the
exterior upkeep of the hangar building covered by this lease. Lessor shall
be responsible for snow removal and ground keeping around said building in
a prompt and efficient manner at no expense to lessee.
7. Lessee agrees to be responsible for the interior maintenance of the hangar
building covered by this lease during the term of this lease. Without
limiting the generality of the foregoing, lessee agrees to keep faucets
closed so as to prevent waste of water and flooding of premises, to
promptly take care of any leakage or stoppage to any of the water, gas, or
wastepipes inside the Building, to repair any damage to electrical
circuits due to overloading, and to maintain and repair the heating and
cooling systems for said hangar and the mechanical system for
opening/closing the hangar doors. The lessee shall be responsible for any
necessary replacement of the components of said heating, cooling, and
mechanical door opening systems with comparable or better quality cmpo-
nents than originally installed. Lessee agrees to maintain adequate heat to
prevent freezing of pipes. Lesseeat its own expense may point and carpet
the office space. Lessee shall make no structural alterations or improve-
ments without the written approval of the lessor first had and obtained, of
the plans and specifications therefor.
8. Lessee agrees, at its own expense, to pay for the monthly costs of all
utilities except water and sewer, for said premises under this lease.
Lessor agrees to install all utilities to em
the prises and furnish monthly
water and sewer service at no expense to the lessee.
9. Lessee agrees not to sell, assign cr sublet this agreement or lease,
without the written permission of the lessor, however, lessor shall not
unreasonably withhold such written permission. The lessee with the consent
of the lessor, my assign or sublease the fuel fartfacilities separately
free or together with the hangar leasehold facilities. Said consent shall
not unreasonably be withheld.
10. Lessee agrees not to permit or allow any of the property to be damaged by
any negligent act or mission of the lessee or its employees, and agrees to
surrender all rights, privileges and praises at the expiration of this
lease in as good condition as at the beginning, normal wear and tear
excepted. Lessee further agrees to commit no waste and to permit no
Illegal act on the desired premises and to allow lessor free access to
Inspect the same at all reasonable times.
11. Lessor and lessee will each keep its respective property interests In the
premises and its liability In regard thereto, and the personal property m
the premises, reasonably insured against hazards and casualties; that is,
fire and those Items usually covered by extended coverage. Specifically,
lessee agrees to maintain proper hull and liability insurance on any and
all of lessee's aircraft with 11ability coverage of at least 11,000,000 and
to provide lessor with a certificate thereof.
12. If, oaring the term of the lease, any of the property or premises desired
under this lease are destroyed by fire or the elements, are partially
destroyed so as to render them wholly unfit for occupancy, and so that they
cannot be replaced within two hundred and seventy (2701 days from the
occurrence, then this lease shall be null and void as to the portion of the
premises destroyed fro the date of such damage or destruction, and the
lessee shell Immediately surrender the destroyed premises, and all interest
therein, to the lessor, and the lessee shall have no obligation to pay rent
for said premises fro the date of destruction. In the case of partial
destruction, which can be repaired within two hundredand seventy (270)
days the lessee may continue to occupy the promises white the repairs are
being made, and the lessor shall repair the same with all reasonable speed;
however, rent shall not be charged during the period of repair only if the
lessee chooses not to occupy said premises during the repair period, but in
any case shall commence immediately after said repairs have been completed.
In the event the promises shall be only slightly damagcd so as not to
1/os
_______ ______ ____ _._._../,..—
render them unfit for occupancy, lessor shall repair the same with all
reasonable speed, and the rent shall not cease during the period of
repair.
11. It is mutually agreed by the Parties hereto that the Lessor undertakes no
service, including but not limited to towing aircraft, in connection with
the said aircraft owned by the Lessee, and hereinafter described, during
the period of tenancy.
14. The Lessor reserves the right (but shell not be obligated to Lessee) to
maintain and keep in repair the landing area of the Airport and all
publicly -owned facilities of the Airport, together with the right to direct
aid control ail activities of the Lessee in this 'regard. Such right of
direction and control shall be limited to those activities that relate to
safe operation of the aircraft.
15. The Lessor reserves the right to further develop or Improve the landing
area and all publicly -owned air navigation facilities of the Airport as it
.sees fit, regardless of the desires or views of the Lessee, and without
interference or hindrance.
16. !luring the time of war or national emergency, lessor shall have the right
to enter into an agreement with the United States Goverment for military
or naval use of part or all of the landing area, the publiclyo coed air
navigation facilities and/or other areas or facilities of the Airport. If
any such agreement Is executed, the provisions of this instrument, insofar
as they are inconsistent with the provisions of the agreement with the
Goverment shell be suspended.
17. This Agreement shall be subordinate to the provisions of any outstanding
agreement between the Lessor and the United States relative to the mainte-
nance, operation, or development of this Airport. It is understood mull
agreed that the rights granted by this Agreement will not be exercised in
such A way as to interfere with or Adversely affect the use, operation,
maintenance, or development of the Airport.
16. It Is Assumed that only the aircraft hereinafter described will be stored
In the dalsed praises, and, in the event of ea exchsnge of aircraft by
the Lessee, the said Lessee shall be responsible for advising the Lessor of
said exchange In writing within a reasonable tine. Until notice of such
exchange of aircraft is received by the lessor and additional liability
coverage is processed, if necessary, lessor's liability, if any, shall in
no event exceed the value of the aircraft herein described.
19. It is agreed that the Lessee shall comply with all applicable provisions of
the Code of Ordinances of the City of low City. Iowa, including but not
limited to Chapter 4, Airports' and Chapter 12, 'Fire Prevention and
Protection.' It is further mutually agreed that the Lessee shall observe
and obey all reasonable and uniformly applied Airport rules and regulations
for all airport users promulgated by the Iowa City Airport Commission
and/or the Airport Manager, in the past or in the futon, which have
epDl icetion in the operations and storage of Lessee's aircraft.
20. The lessee may install at its expense an underground fuel fare facility for
the purpose of providing aircraft fuel to its ow aircraft. Said fuel farm
facility shall be located immediately west of the service vehicle door of
solo corporate Aanper and when installed shall be a part of the leasehold
premises.
reof said fuels fare facility during the he installation
lof itthhis leasehold shIntenanc all
be the responsibility of the lessee. To the extent necessary to provide
aircraft fuel for the storage tanks of said fuel farm, the lessee shall
have the right to bring onto or cause to be brought onto the Airport for
transervo saier d purpose el Them installation of tuch he fuels Auel m, the transmittal of
aircraft fuel to the fuel farm, and the dispensing of fuel therefrom shall
be in accordance with and subject to the provisions of any applicable
municipal ordinance of the City of Iowa City, low as wall as any appli-
cable reasonable standards and/or regulations adopted bt lessor. The lessee
agrees to pay a flowage fee of five (5) cents per gallon of fuel for the
first five (5) years after installation of said fuel farm. 1t is agreed
that said flowage fee shall be renegotiated by the parties hereto every
five(5) years after the installation of said fuel fere. The flowage fee
shall not increase more than an amount equal to the prior fee plus any
//Gor'
A
MA
a
increase in the consumer price index (C.P.I.) during the prior fee period;
however, the renegotiated fee shall not be less than the flowage fee being
paid by any lessee on the airport operating as a fixed base operator at
such time. Said flowage fee shall be based upon the amount se fuel fordelat
v.
lessornto withhe fuel a COPY of the fuel of aid delivery tickethe lessee elsh)) Provide the
after any
delivery of fuel to said facility. Further, lessee shall Install a flow
meter on said fuel facility to enable lessor to monitor the amount of fuel
dispensed. Said flowage fee shall be paid to the lessor on a monthly
basis, due an the first day of each month,
21. Lessee further sprees that the services of mechanics as required by Lessee
j on the Airport will be secured only through a service agency holding a
lease agreement with the Airport Commission, It is further agreed that the
foregoing provision shall not operate to prevent the lessee from pe
vrforming
any services on its own aircraft with its own employees (including ud{pg but not
limited to, maintenance, lubrication and repair) that imay choose to
perfom. This provision shall not prevent the lessee from retaining the
services of a mechanic or specialist in aircraft repair other than its own
anapCoca, n{ Is notaervice recognized or certified by lease
the agreement
mannuufacturer ofelessee's
aircraft and does not have an employee who possesses the Qualifications or
expertise to perform the aircrift repair or maintenance necessary on
lessee's aircraft, all in the event the lessee's employees are not quali-
i
fied to make said repair.
22. In the event the lessor does not maintain the landing area (runways and
taxiways) in a safe, useful, and usable condition, as prescribed by the
Code of Federal Regulation, or If the lessor restricts the use of any or
all runways by closing them permanently, or If the lessor permanently
prohibits night-time operations, or if the lessor imposes unreasonable
this oend
uflight so llratlons on then ithe ch les lessee auld require
lits options may terminate
Mia leas! without further obligation thereon.
23. Except as to any negligence of the lessor, arising out of roof and struc-
tural parts of the building, lessee will protect, Indemnify and save
harmless the lessor from and against all loss, costs, damage and expenses
octaaioned by, or arising out of, any accidentar other occurrence causing
or Inflicting Injury Md1W damage to any person or property, happening or
done, In, upon or about the leased premises, and due directly or Indirectly
to the tenancy, use or occupancy thereof, or any part thereof by the lessee
or any person Claiming through or under the lessee,
21. If the parties to this agreement cannot agree to the terms, conditions, and
interthreeretations arbitrators, one of rwhP, nshall the
be controversy
by the shall lessor, tone to
of
when shall be appointed by the lessee, and the third of whom shall be
appointed by the two previously chosen. In the event either party faits or
refuses Co name an arbitrator, the other party may do so In his steed,
25. In the event any covenant, condition, term or provision herein contained is
held to be invalid by any court of competent jurisdiction, the invalidity
of any such covenant, condition, term or provision shall in no way affect
any other covenant, condition, term or provision herein contained; provided
that the invalidity of any such covenant, condition, term or provision does
not materially prejudice either lessor or lessee in its respective rights
and obligations contained In the valid covenants, conditions, terns or
provisions of this agreement.
26. In the event that the above described hangar building is not built and
reedy for occupancy by July 1, 1986, then this lease shall be null and void
In its entirety, and the lessor and the lessee shall be under no obligation
to fulfill any of the terms end agreerents herein.
27. None of the covenants, provisions, terns or conditions of this lease to be
kept or performed by Lessor or Lessee shall be In any manner modified,
waived or abandoned, except by a written instrument duly Signed the
Mby
Parties and delivered to the Lessor and Lessee. The lease sigigole agreement of the parties. contains the
28. Lessor and lessee warrant that those persons who execute this lease on
their respective behalf do so with specific authorisation.
//0-
5
29. This tease is subject to the following condition:
a. Termination by the lows City Airport Commission of the existing lease
by this lessee of Hangar No. 31, said lease dated December 2, 1980, the
termination of said lease to be coordinated with the commencement of
this new lease.
This lease agreement is contingent upon the above condition being satisfied
prior to or upon the completed execution of this lease.
IN WITNESS HMIEREOF, we have Hereto affixed our hands the date first above
Witt".
Description of Aircraft i
Owner Hansen Lind Meyer, P.C. i
Make Piper
i
Model Cheyenne
Serial No.7720016
V No. N311LM
Value 450.000
Owner Hansen Lind Meyer, P.C.
Hake Piper
Model Cheyenne
Serial No.77MM9
V No. M411LM
Value 40n.OnO
IOWA CITY AIRPORT COMMISSION HAN H IMO MEYER.
BY: BY•
BY BY:
'LESSOR" S E
Aeelrel l AppmvW
BY The Iegel DepaMmam
S:x r
I
INV,LLAGUE OF IOWA
MUNICIPALITIES
Z% De: Molnes Slreel
Suits TO nec Iowa 503D9
51526&Ine
OUTLINE AND ANALYSIS
LOCAL OPTION TAX
PROVISIONS
S.F. 395
PREPARED BY
LEAGUE OF IOWA MUNICIPALITIES
APRIL, 1985
j
I
i
i
i
i I
� I
I�
i'
i
i
I
1
I
INV,LLAGUE OF IOWA
MUNICIPALITIES
Z% De: Molnes Slreel
Suits TO nec Iowa 503D9
51526&Ine
OUTLINE AND ANALYSIS
LOCAL OPTION TAX
PROVISIONS
S.F. 395
PREPARED BY
LEAGUE OF IOWA MUNICIPALITIES
APRIL, 1985
I. OVERVIEW
Senate File 395 which takes effect July 1, 1965, authorizes a city to im-
plement any or all of the following local option taxes authorized by the
bill, if certain procedures are met and the majority vote of those voting
an the question favor the imposition of the tax or taxes:
A. CITY-WIDE ELECTION OPTIONS u'n
I. Local Earnings Tax
Senate File 395 authorizes a local earnings tax imposed in increments of
one percent but not to exceed four percent, as set by the city seeking
to impose the tax.
The local earnings tax is an annual tax on the adjusted gross income from
t
services performed or rendered within the boundaries of the city by in
wages, salaries, commissions.and other compensation received for work or
dividuals who reside within the city limits and from individuals who do
State and eoun
not reside in the city but who performed work or rendered services there.
t�empl_s are exempted -from -the tax. A local earnings
tax by a city may be expended for any lawful purpose.
B. COuN1Y-WIDE ELECTION OPTIONS
1. Local Sales and Services Tax
A local sales and services tax may be imposed following the procedure
of the bill and following a county -wide election. If the question
of the imposition of the tax receives a favorable vote in the whole
county, that tax will be imposed, but only
in wich
question received a favorable vote. However,, citieseachlty contiguous toeeach
other are treated differently.
I
"rn addition to the ZocaZ option taxes authorized by SF 395, anadditional !
ZocaZ option real property tax appears to be authorized by the biZt. The i
tar if openzaonaZ mouZd be on aZZ tamble property within the city, in the
amount specified on the baZZot proposition of approved at a favorable aZaation.
The term appaara is used because portions of the biZZ implementing this tam
were repealed in mr
Aomaver, the main enabling
Pot&Vtrtion
no to strike this ion 99
9iof from the bill.
was not etriken by the CoonnferencenCon m:tteethis t portatndnthus ofhe
nZthe biZZ.
For this reaeon the mechanics Of implementing the tax, thus the authorization
for this tax, is in question.
//d6
I
z
Specifically, for the purposes of imposing the local sales and services
tax, all cities contiguous to each other shall be treated as part of
one incorporated area. The tax would be imposed in each of those
contiguous cities only if the majority of those voting in the total
area covered by the contiguous cities favor its imposition. Thus, it
would be possible under this provision, for a city contiguous to
others, to receive a favorable vote by its city's residents for the
imposition of the tax, but still be unable to impose the tax because
of a non -favorable vote by a majority of residents of other cities
contiguous to it. Similarly, it would also be possible to impose the
sales and services tax on residents of a city whose residents voted
against the imposition, because of a majority vote favoring the im-
position by the rest of the contiguous cities.
The rate of the local sales and services tax shall be a rate of not
more than one percent of the gross receipts taxed by the state's
sales and services tax.
The local sales and services tax monies received by a city may
be expended for any lawful purpose of the city.
i
i
2. Local Vehicle Tax ,
Senate File 39S authorizes an annual vehicle tax at the rate per
vehicle specified on the ballot proposition. The tax shall be at a '
rate in increments of one dollar per vehicle, with no limit as to
the amount that may be taxed. The tax would be imposed on every
vehicle which is inquired to be registered by the state and is
registered with the county treasurer to a person residing within the
county where the tax is imposed. The tax would be imposed at the time
of the renewal of the registration of the vehicle.
Monies received by a city from the tax shall be monies received from
residents of the city and shall be used soley for public transit or
shall be placed in the street construction fund.
II. MELTmANICS m IIpLENENT TAX
A. LOCAL EARNINGS TAX
All local option taxes authorized by Senate File 395 including the
local earnings tax, shall be imposed only after an election at which
the majority of those voting on the question, favor the imposition of
the tax. Each tax would continue at the authorized rate until repealed
or until the tax rate is changed, both of which would inquire an election.
fie question of imposition of a city local option earnings tax may take
place at a state general election or a city regular election.
There are two alternative methods to cause a local option earnings tar
to appear on the ballot. The city council may upon its own motion
decide to have this tax placed on the ballot. The proposition may
/fid 6
_3_
also be initiated by submitting to the city council,a petition
requesting imposition of the tax, signed by eligible electors of
the city equal in number to five percent of the persons of the city
who voted in the last preceding state general election. If either
event takes place, the city
or recoilcouncil within thirty days of its motion
t of the petition, must direct the county commissioner of
elections to submit the question of the imposition of the tax to
the voters. Publication of notice of this ballot proposition must
then take place at least sixty days prior to the date of election
for the proposition to appear on the ballot.
If the preceding procedures are met,the local option earnings tax
issue will appear on the ballot. In this regard, the bill requires
that the ballot proposition shall specify the type of tax, which in
this instance would be an earnings tax, and must specify the rate
of the tax.
As to the ra
of
he
t is to
it should bete
tnotdethat atheibill doesynnot tclearly specify howby the citylthbut
at
is to be determined for the ballot. In the instance where the city
council by its own motion triggers the submission of the issue for
election, that doesn't appear to be a particular problem. The
icouncil at that time can determine the rate. While. the bill is silent as to the fora the motion should take, logic would suggest
that the appropriate form would be by resolution.
If the submission of the issue is triggered b
again silent as to how the city council establishesethe�rate forthelthis
e
ballot. If the petition does specify a tax rate, the bill does not
rate by
arts own motion Prohibit yb
on andlogically that couldbethe city council from ythemeansnoftimplement tion.
If the petition does not s ci
the rate be set the same way asit is rate, it would seem logical that
its own motion requests imposition, is set when the city council'on
Furthermore, the bill states that the ballot proposition shall "also
specify the approximate amount of local option
Will be used for property ttax revenues that
ax relief and shall contain a statement
p
as to the specific puroses for which the revenues shall otherwise
be expended.,, As the bill again is not clear as to who makes these
determinations, the analysis as to the specification of the tax rate
would be applicable to those items as well.. For this reason it
avoid appear that ymost
avoided by the city co co of these procedural complications can be
ncil by initiating the referendum and then
addressing the required ballot inclusions by motion, instead of
waiting for the initiation of the action by submission of a petition.
j
During the debate of Senate File 39S, the question was raised as to
how specific the ballot proposition needed to be in setting out the
"specific purposes for which the revenues shall otherwise be expended.,,
i
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The explanation given on the floor of the House (which was to the
apparent satisfaction or approval of the House of Representatives
as no further questions or amendments to that language of the section
resulted) was that setting out a general category or categories of
expenditure was sufficient for the ballot.
As to the form of the ballot, the bill provides that "the state com-
missioner of elections shall establish by rule the form for the
ballot proposition which form shall be uniform throughought the state".
This charge is significant insofar as it has the potential of delay-
ing the imposition.of any local option by any city or county seeking
imposition as soon as possible after the effective date of the bill.
It sufficies to say that the commissioner of elections needs to act
in an expeditious manner, possibly using the emergency rule making
powers, so as not to delay any referendum on the issue this year.
Similarly, the state Department of Revenue needs to promulgate rules
for determining the adjusted gross income subject to a local option
earnings tax including rules for the allocation of income between
taxing and nontaxing jurisdictions when a person subject to the tax
earns income from activities inside and outside of the city imposing
the tax, and the required tax forms need to be promulgated.
Within ten days of the election at which a majority of those voting
on the question favors the imposition of the'local earnings tax,
the city council is required to give written notice to the state
director of revenue of the result of the elections.
Local officials are also required to confer with the Director of
Revenue and obtain the director's assistance in drafting the city
ordinance imposing the local earnings tax. This ordinance is.re-
quired to adopt by reference the applicable provisions of the
appropriate sections of chapter 422 of the Iowa Code, Division II,
concerning personal net income tax. Once the ordinance is adopted,
a certified copy of it must be filed with the Director of Revenue
,,as soon as possible after passage. 11
A local earnings tax would be imposed January l,following the
favorable election for tax years beginning on or after January 1.
Local employers will then be required to withhold the tax from wages.
The state Director of Revenue shall collect the local. earnings tax
and shall credit to the imposing city, the tax receipts and any
interest and penalties collected from returns filed on or before
November 1 of the calendar year following the tax year for which the
tax is imposed.
B. LOCAL SALES AND SERVICES TAX
The question of imposition of a local option sales and services tax
may take place at a state general electionor at a special election
for the county held at the time of the city regular election.
/a4 o
There are two alternate methods to cause a local option sales and
services tax question to appear on the ballot. One method is an
Petition of the electorate. A county board of supervisors shalby
l
direct within thirty days the county commissioner of elections
to submit the question ec imposition of a local sales and services
tax to the qualified electors of the incorporated and unincoporated
areas al the county upon receipt of a petition requesting imposition
e local sales and services tax. For purposes of the bill this
Petition must be signed by eligible electors of the whole county
equal in number to five percent of the persons in the whole county
Who voted at the last preceding state general election. If more
than one valid petition is received, the earliest received
shall be used.
petition
The question of the imposition of a local sales and services tax
and shall also be submitted to the qualified electors of the Inco
y com-
miss oneroofoelectionsrated aof heh'notiontor upon by the count
incorporated
mission, adopted by the requesting such sub-
areas
within the count or O f t body nt bodiesth the city or cities
areas of the county, repreaentinthe county, for the he ncocity or ted
cit
Of the county. Upon adoptionofgsuchat lmotioeast n. thelCitf the population
the city or the county board of supervisors on behalf of theiuniof
n-
eotporated areae, shall submit the Notion to the county commissioner
Of elections and in the case of the city council shall notify the
board of supervisors of the adoption of the motion. The county
ceived and, upon elections shall keep a file on all the motions n_
notice and, ebalreaching the population requirements, shall
notice of the ballot proposition concerning the imposition of the
local sales and services tax, publish
time of the holding A motion ceases to be valid at the
members of the g of the regular election for the election of
commissioner Ofgelectionsing body shallhich eliminateefromethetfile anyemotiony
that ceases to be valid.
Publication of this ballot proposition also must take place at least
sixty days prior to the date of election for the proposition to appear
on the ballot. The ballot needs tospecify that the tax would be a
local sales and services tax, the rate of tax, and the date of
imposition.
Withi
ten
thoseavotingaon thes Of quest
election at which a respective majority of
and services tax, thauestion favors the imposition of a local sales
of
supervisors, shall giverning writtendnoticesumeably too the Directothe rnnty Of Revere e
the result of the election. In addition, the bill requires that the
notice be by certified mail by the county at least forty days before
imposition of the loeal sales and serviclies es tax,
es and
s tax
ofethelcounty and toecitiesonly of thepcounty inhe unincoich a rporated areas
of those
jority
//db
-6 -
voting in the respective area favor its imposition. Again for
Purposes of the sales and services tax, all cities contiguous to
each other shall be treated as part of one incorporated area.
Local officials are required to confer with the State Director of
Revenue in drafting the ordinance, in imposing the local sales and
services tax, and the county board of supervisors in adopting the
ordinance shall adopt by reference the applicable provisions of
the appropriate sections of chapter 22 of the Iowa Code, Division Iv
of the chapter relating to retail sales tax. A certified copy of
the ordinance shall be filed with the Director of Revenue "as soon
as possible after passage."
The local sales and services tax shall be imposed either January 1,
April 1, July 1, or October 1 following the noticiation of the
Director of Revenue. The Director of Revenue will administer the tax
as nearly as possible in conjunction with the administration of state
gross receipts tax laws.
1110 Treasurer of State, pursuant to rules of the state Director of
Revenue, shall remit at least quarterly to the board of supervisors,if the tax was imposed in the unincorporated areas, and each city
where the tax was imposed, its share of the colmty�s local sales and
services tax as computed under'the following formula:
L Seventy-five percent of the collected tax, interest and
Penalties shall be remitted on the basis of the county's
Population residing in the unincoprerated area where the
tax was imposed and those incorporated areas where the
tax was imposed as follows:
a. To the board of supervisors a pro rata share based upon
the percentage of the above population of the county
residing in the unincorporated areas of the county
where the tax was imposed according to the most recent
certified federal census.
b. To each city in the county where the tax was imposed a
Pro rata share based upon the percentage of the city's
Population residing in the county to the above population
of the county according
federal census, to the most recent certified
2. Wenty-five percent of the collected tax shall be remitted based
on the sum of property tax dollars levied by the board of super -
each c if the tax was .imposed in the unincorporated areas and
each city in the county where the tax was imposed during the
three-year period beginning July 1, 1982 and ending June 30,
1985 as follows:
./r
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TO the board of supervisors•& pro rata share based
upon the percentage of the total property tax dollars
levied by the board of supervisors during the above
three-year period.
b. To each city council where the tax was imposed a pro
rata share based upon the of property tax
Period of the percentage
dollars levied by the city during the above three-year
above total property tax dollars levied
by the board of supervisors and each city where the tax
was imposed during the above three-year period
C. LOLL VEHICLE TAX
The question of imposition of a local option vehicle tax may
take place he a state general election or at a special election for
the county held at the time of the city regular olection.
The petition is hod
me described for the local option sales and
services tax is the lot. sm to cause the local vehicle tax question
to appear on the ballot. The petition needs to specify the rate of
tax and the classes, if any, of vehicles that are to be exempt from
the tax.
Like the other local option taxes, the ballot proposition needs to be
Published sixty days prior to the date of the election for the
must proposition to, appear on the ballot. The ballot proposition likewise
the exempptfclassesthe tax Of vehicles enumli to eratedosandimsustvspecifytaxewother
relevant information concerning use of the tax, discussed previously.
The
al vehicle tax if
allincorporatedand unincorporatedeareas of the Cowuity. will apply
to al
Within ten days of the election at which a majority of those voting
on the question favors the imposition of the local vehicle taxthe
comity board of supervisors shall give written notice to the Director
of the state Department of Transportation of the results of the election.
Local officials shall confer with the Director of the Department of
Transportation for assistance in drafting the ordinance imposing the
local vehicle tax and a certified copy of the ordinance shall be filed
With the director "as soon as possible after passage.,'
The local vehicle tax shall be imposed January 1, immediately following
a favorable election for registration years beginning on or after that
date. Once imposed, the Director of the state Department of 'transportation
shall remit monthly the vehicle tax collected from residents of the
city during the preceding calendar month and to the county for residents
Of the unincorporated area.
-
IMPLEMENTION TIMETABLE•
SALES 6 SERVICES LOCATION OPTION
S.F. 395
1. July 1, 1985
Effective Date of S.F. 39S
2. July 1, 1985
County board of supervisors submit within 30 days of receipt
Of petition to county Commissioner of elections.
(Sec. 89(S)(a))
City representing more than one-half of population of
county files motion to county commissioner of elections
for notice of ballot question to be filed.
3. Sept. 5, 1985
Last day for petition or motion to be filed (submitted)
to county commissioner of elections for notice of election
to be published. (Sec. 89(S)(6)-60 days prior rule).
4. Nov. 5, 1985
Earliest date at -which election could be held -sines its in
conjunction with a regularly scheduled city election."
S. Nov. 15, 1985
Within 10 days of an election in which tax passes, governing
body, presumably county board of supervisors shall notify
Director of Revenue (See. 89(7)(b))
6. Nov. 22, 1985
Notice of action being certified mail to Director of
Revenue. (See 97(umnumbered.paragraph 2).
7. Jan. 1, 1986
Earliest date tax can be imposed and collected.
S. April, 1986
First month taxes certified and distributed -back to local
Jurisdiction.
'Assumes state agencies charged with promulgating ruZes to impZ¢ment tax do so in
a timeZy fashion so as not to impede timaZy action by ZocaZ offioiaZ.
'**Section 97 unnumbered paragraph 4 requests ZocaZ offieiaZe to confer with Director
of Revenue in drafting Zo=Z ordinance imposing tae mrd raquim that certified copy
of ordinance be filed with Director "as soon as poeeiWe" after passage. Poesible
to lake effective date of ordinance contingent upon passing of proposition at
election.
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.1. July 1, 198S
2. July 1, 1985
3.
Sep.
S,
1985
4.
Sept.
S,
1985
S.
Sept.
S.
1985
6. Nov. S. 198S••
7. Nov. 15. 1985
8. Jan. 1. 1986
9. Jan. 1, 1986
Nov. 1, 1986
10. Jan, 15, 1987
11. Jan. 30, 1987
IMPLEMENTATION TIMETABLE•
EARNINGS TAX
S.F. 39S
Effective Date S.F. 39S
Council motion on petition filed. 30 Days prior
to election county commissioner of elections
notified to submit question.
Last day city can initiate process.
Last day to publish notice to meet 60 days notice
period of section 89(6).
Election date.
Council must notify Director of Revenue if tax passes,
f
othe election results. (Sec. 89(7))
Sec. 94 (UnItUmbered Paragraph 1) date tax is imposed and
requires employers to direct and withhold an amount which
will approximate the employees annual tax liability.
Collection of tax receipts
Sec- 94(4) Provides that tax receipts for returns filed
prior to Nov. 1, 1986 shall be credited to taxing city,
tax receipts of returns filed after this date shall
accrue to state.
Director of Revenue shall make accounting of tax receipts
filed on or before Nov. 1 of preceding year and shall
certify the amount. (Sec. 9S (1))
Taxes distributed to city within 15 days of the certification
"ashionhion.. sa aeawnes
fstate agencie charged roith promulgating rules do so in a timely
fashion.
"Sec-940) requires bail officials to Confer roith Director of Ravanua in d�fting
orYinmca isiposing tax. A certified copy of ordinance mith Director of
be filed Revenue Has Bonn ae pocsibla after passgon. ordinance
aZection with effective date contingent on pacould d drafted prior to
f
assage of Proposition.
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Effective Date S.F. 39S
f
Sept. 5, 1985
County board of supervisors within 30 days of receipt
of petition shall submit question to
I.
county commissioner
of elections.
3. Sept. S, 1985
t
bill of ballot question.
4. Nov. 5, 1985••
i
S. Nov. -1S, 1985
I
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IMPLEMENTATION TIMETABLE'
VEHICLE TAX
S.F. 395
I. July 1, 1985
Effective Date S.F. 39S
2. July 1, 1985
Sept. 5, 1985
County board of supervisors within 30 days of receipt
of petition shall submit question to
county commissioner
of elections.
3. Sept. S, 1985
Inst date for publishing notice under section 89 of
bill of ballot question.
4. Nov. 5, 1985••
Earliest date at which election can be held.
S. Nov. -1S, 1985
Within 10 da of election at which issue asses
Ys p governing
bodY, presumably,
county board of supervisors, notify
Director of Revenue.
6. Jan. 1, 1986
Imposition of tax for registration years beginning
on or -after that date.
7. February, 1986
(monthly thereafter)
Monthly remission of vehicle tax paid by taxpayers at
the time of application for
renewal of vehicle registration.
*Aseumss t*wZy adaption of rules by state agencies.
"*Local ordinance deveioped and submitted to•Diractor of Revenue. Passage couZd occur
prior to election date With effective date contingent on passage.
F_
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Fd, May 31, 1985
THE REGWER'S EDITORIALS
Dispute over utility tax
Iowa Power & Light Compa=
one—poor and rich,
ny's franchise to operate to the
bigbuslnessandsmallbusiness— .
city of Des Moines expires in Sep.
and It could hurt industrial devel-
tember, and residents may. be
opment In Des Moines.
asked to approve Its renewal
When Industry considers put-
Thefranchiseisnotnecessarily
ting a plant In the Des Moines
a big deal. Before 1980 the corn.
arra, the gas tax could lad it to
pany had operated In the city for
locate just beyond the city limits.
many years without a valid frau-
chise. But the special election has
That would man an automatic
.cost -sawing of about 2 percent on
not been set because City Hall and
on fuel, because the suburbs and
Iowa Power have not been able to
the country have no such tam .
agree on a franchise tax.
. . a
Sine 1980. as s condition of the
The positlom of. the city and the
25 -year franchise granted by the
company seem to contain the
city's voters, the company has
, malrings of a compromise.
paid the municipality a 2 -percent
•.'. Iowa Power proposes phasing
franchise tax on its Des Moines
the gas tax from 2 percent to 1
natural-gas revenue and 1 per.,
percent over.a 10-yar period.
cent on electric revenue.
The utility suggests lmpasimg a
Thi[ amounts to $3 million a
1-eemt local sale tax that the dty
year for the city, .on top of the
now has the power, with votes cap
property taxes the utility pays on.
proval, to levy.
Its lines and wires, buildings and
' That would replace the gas -tax
generating equipment
revenueloss, because utility bills
Des Moines and Iowa Power
are vAject, to the sales tax. The
seem to have agreed on continua..
city's concern Is that a sales tax is
tion of the electric tax. But on the
. not yet a certainty, and won't be
gas tax, negotiations are stalled.
put to voters before Nov. b..
The city refuses to, give up a
That's a prudent concern but it
penny of the revenue, and Iowa
could be met by drafting a frau.
Power Insists that the tax be cut
chise that conditionally drops the
to half, thus reducing the city's
.
gas franchise tai to 1 percent
revenue by about it million.
when revenues from a city sales
The City Council fired a shot
tax start coming in.
across Iowa Power's bow by.
Des Moines has a right to cel -
giving Initial approval to as ordi-'
lect a franchise tax from the utlli-
nance that would charge the Will-
ty, and to make the franchise tax
ty $3 million annually for using
a condition of granting the fran.
city -owned right of way for Its
chise. But the tax must be reasoo-
power poles and gas mains. •
able and not put the city at a com.
This Is a solid negotiating
petitive disadvantage.
move, but the imposition of such a t, U a 1 -percent city sales tax to
user fee might not be fairto the `ehacted,
Des Moines residents
utility's Des Moines customers;.would
pay a total of 5 percent in
they would have to pay it
sales taxes on gas hills plus the I.
An argument -for continuation
percent franchise tax — or 7
of the franchise taxes or Impost.
cents on the dollar.
tion of the user fee is an argument
That wouldbe the highest In the
or higher utility bills for every-
state. And that's too high.
/!a7
RE CE Ik'Fn,MAY 281985
cmIowa Department of Transportation
a 800 Lincoln Way, Ames, Iowa 50010 515-239-1660
May 23, 1985 Ref. No.: Johnson County
IR -80-6(97)245--12-52
City Council, Iowa City
City Hall
Iowa City, Iowa 52240
Dear City Council Members:
The Iowa Department of Transportation will hold a public information
meeting on Thursday, June 6, 1985, to discuss the proposed improvement
of the Interstate 80 - First Avenue interchange at Coralville. A
Notice of Public Information Meeting and a map are enclosed.
The meeting will be held in the Coralville City Hall Council Chambers,
Rural Route N1, Iowa City, Iowa, and will begin at 7:00 p.m. •.
Sincerel ,
C. I. MacGillivray, Director
Planning and Research Division
CIM/GLH/acb
Enclosures
cc: DOT Commissioners
Robert Henely, District #6 Engineer
Iowa DOT, Cedar Rapids, Iowa
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NOTICE OF PUBLIC
INFORMATION MEETING
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PROJECT NUMBER DATE/TIME OF MEETING MEETING LOCATION
PUBLISHED
PROJECT DESCRIPTION
Johnson County June 6, 1965 Coralville City
Weekly Courier
Johnson County IR-80-6(97)245--12-52
IR-80-6(97)245 6:00 p.m. Open House Hall Council
Coralville, Iowa
involves the modification of the
--12-52 7:00 p.m. Meeting Chambers
Coralville interchange to provide
Rural Route M1
Iowa City Press-
four traffic lanes on First Avenue
Iowa City, Iowa
Citizenthrough
the interchange area.
Iowa City, Iowa
A 227'11" x 40' bridge for north-
!
May 23, 1985
bound traffic will be constructed
east of and adjacent to the exist-
ing structure. Two additional
- '-
lanes for northbound traffic will
also be constructed. Ramps, ramp
connections and existing First
Avenue will be reconstructed as ,
necessary.
Traffic will be maintained on First
Avenue and the interchange ramps i.
j.:
during construction.
j
The public will also have an opportunity to express their views
and ask questions
concerning the proposal.
i
Pertinent information, which has been developed by the Iowa
DOT in the planning and design of this project, as well as
-
correspondence received from governmental agencies or public
advisory groups interested in or affected by the proposed
highway improvement, will be available for public inspection
at the meeting. For
further information concerning the
project, contact Robert Henely, District Engineer, Iowa Department
of Transportation, 430 - 16th Avenue S.W., Cedar
Rapids, Iowa 52404, telephone 319-364-0235.
r
Written statements and related exhibits, in place of or in addition to oral statements made at the public meeting, may
j
be submitted to the Office of Project Planning. All written
material received by
June 17, 1985, will be included in the
I
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public information meeting transcript.
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i THEOfTOr
_! CORALVILLE
%80
1 i /
PROJECT LOCA
1.; . i -8o
THE OTT Of
IOWA CITY
Proposed improvement of the
Interstate 80 - First Avenue
Interchange at Coralville
PUBLIC MEETING I
JUNE 69 1985
�� Iowa Department
� of Transportation
Prepared by:
Of lice of Project Planning
Planning and Research Division
Telephone: 515-239-1225
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4PM-Design Review
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City of Iowa City
MEMORANDUM
Date: May 20, 1985
To: Fire Department
From: City Managen/ ' `�
Re: Process for Recruitment of Fire Chief
With the announcement that Chief Keating plans to retire early next year it
is necessary that we develop a process for the recruitment of a new Chief. I
am interested in receiving your suggestions and comments regarding the
process and the qualifications for a new Chief. Particularly, I am inter-
ested in knowing what qualifications you think the new Chief should have, the
process which should be followed for 'selection and what changes you foresee
in the Fire Department in the next five to ten years which will impact the
selection of a new Chief. Your suggestions will be considered along with
other ideas as a final process is developed.
This information should be sent to me in writing on or before May 31. While
it is not necessary that you sign the suggestions, it will be helpful if I
want to contact you concerning additional information or further explanation.
Thank you for your assistance.
/sp
cc: City Council
Civil -Service Commission
Anne Carroll
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