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HomeMy WebLinkAbout1984-02-14 Info PacketMEMORANDUM DATE: February 3, 1984 TO: City Council FROM: Dale E. Helling, Assistant City Manager ``mow RE: Meeting Schedule Please note that your schedule for next week omits the informal meeting of February 7 due to the absence of Council Members Erdahl and Baker. Also note the meeting of February 9 with the chairpersons of boards and commissions at the Highlander Inn. This meeting is scheduled to begin at 3:30 P.M. with dinner at 6:30. If any Council Members need transpor- tation from the Civic Center to the Highlander, please call Lorraine. Im City of Iowa City MEMORANDUM DATE: February 3, 1984 TO: City Council FROM: City Manager RE: Informal Agendas and Meeting Schedule February 7 1984 Tuesday NO INFORMAL COUNCIL MEETING February 9 1984 Thursday 3:30 - 7:30 P.M. Highlander Inn 3:30 P.M. - Meeting of City Council with Chairpersons of Boards and Commissions 6:30 P.M. - Dinner February 13 1984 Monday 6:30 - 8:45 P.M. Conference Room 6:30 P.M. - Review zoning matters 7:00 P.M. - Discuss Iowa Avenue Temporary Footbridge 7:30 P.M. - Discuss Budget for Assisted Housing 7:45 P.M. - Discuss Construction Permit Fees 8:00 P.M. - Discuss State Civil Rights Commission Rules of Procedure Changes 8:15 P.M. - Council agenda, Council time, Council committee reports 8:30 P.M. - Consider appointments to Airport Commission, Broadband Telecommunications Commission and Committee on Community Needs February 14 1984 Tuesday 7:30 P.M. - Regular Council Meeting - Council Chambers February 21 1984 Tuesday 6:30 - 8:45 P.M. Conference Room 6:30 P.M. - Meet with Parks and Recreation Commission to discuss: 1. Mandatory Parkland Dedication 2. Parkland Philosophies 3. Additional Parkland in Central City 4. Role of Parks and Recreation Programs and Philosophies 7:30 P.M. - Discuss Proposed Amendments to the Non -Discriminatory Ordinance 8:30 P.M. - Council Time, Council Committee Reports City Council February 3, 1984 Page 2 February 27, 1984 Monday 6:30 - 8:45 P.M. Conference Room 6:30 P.M. - Meeting of City Conference Board - Separate Agenda Posted 6:45 P.M. - Review zoning matters 7:15 P.M. - Review Tall Structures Overlay Zone 7:45 P.M. - Discuss Proposal for Airport Compliance with FAA 8:15 P.M. - Council Agenda, Council Time, Council Committee Reports 8:30 P.M. - Consider appointments to the Board of Police and Fire Trustees, Civil Service Commission, and Historic Preservation Commission February 28 1984 Tuesday 7:30 P.M. - Regular Council Meeting PENDING LIST i Priority A: Liquor License Procedures Space Needs for City Operations Iowa -Illinois Gas and Electric Franchise Board of Trustees for Police and Fire Retirement and Civil Service Commission IRB Policy - Housing Priority B: Duty/Procedure Changes - Housing and Inspection Services Lower Ralston Creek Parcels - Use and Configuration Congregate Housing Development Alternatives Discuss Newspaper Vending Machines Downtown Traffic Signals - Flashing Mode Forestry Plan City Employees on Boards and Commissions Melrose Court Improvements Extension of Scott Boulevard Willow Creek Park Sidewalk i North Dodge/Old Dubuque Road Project i Priority C: Housing Inspection Funding Policy Housing Market Analysis Recommendations M ■ � r City of Iowa City MEMORANDUM Date: February 3, 1984 To: City Council From: City Manage Re: National League of Cities - Congressional City Conference Those members of the City Council who are planning to attend the National League of Cities Conference in March should review the January 30 issue of "Nation's Cities Weekly" which is in the packet. There are two significant articles. The first has to do with a major antitrust award levied in Illinois and the other concerns cable TV. Doth are of interest to Iowa City. In ,addition, we should convey to our local legislators the need for State legislation relating to antitrust, particularly if Congress does not expeditiously approve a Federal law. /sp A Fs 1 / City of Iowa City MEMORANDUM Date: February 2, 1984 To: City Council From: City Manager//t Re: Flood Mapping Enclosed is a memorandum from Chuck Schmadeke indicating now that the Federal Government has received Iowa City's revised flood maps, it will take from 11-1/2 to 13 months before final approval is received. It took the Federal Government 8 weeks to relay the information from Kansas City to Washington. I have written a letter to Senators Grassley and Jepsen asking if they could expedite this matter. M City of Iowa City 'MEMORANDUM Date: January 31, 1984 To: Neal Berlin and City� Council From: Chuck Schmadeke 611 Re: Flood Mapping Update Currently, the City of Iowa City has flood mapping of the city showing the "no build" floodway and 100 -year flood plain limits for Ralston Creek, the Iowa River and sections of Willow Creek and Clear Creek. With the construc- tion on Ralston Creek of the north and south branch dams, various bridge/culvert improvements and channel widening of the lower section, the City's flood mapping had to be revised to show the modified 100 -year flood plain limits. The City retained Shive-Battery & Associates to provide the necessary engineering services required by the Federal Emergency Management Agency (FEMA) for the purpose of amending the flood maps. Shive-Battery has submit- ted to FEMA the necessary technical information in order for FEMA to proceed with the revised final flood mapping. Visiting with Albert Schulz of FEMA and Rhonda Schroeder of Greenhorn & O'Mara, Inc., FEMA's consultant retained for the review of Iowa City's flood mapping, it appears the revised final flood mapping may not be available for City use until at least February of 1985, as noted by the following estimated schedule: Technical review by regional FEMA .... 1-1/2 months Technical review by Greenhorn & O'Mara .... 1 to 1-1/2 months Community review....l month Formal appeal period with respect to changes in base flood eleva- tions....3 months Processing of final mapping .... 1 to 2 months Government printing .... 4 months Total of 11-1/2 to 13 months bj3/5 M City of Iowa City MEMORANDUM DATE: February 3, 1984 TO: City Council FROM: City Manager RE: Annual Meetings Following are the major annual, meetings which Council Members may be interested in attending: League of Iowa Municipalities: Annual Convention held in early Autumn, usually in Des Moines. It was held in September this past year. U. S. Conference of Mayors: Annual Meeting held in early summer in various locations. It was held in Denver in June this past year. National League of Cities (two annual meetings): Congressional City Conference. Held in early March in Washington, D.C. Congress of Cities. Held in late November in various locations. It was held in New Orleans this past year. Information about the Congressional City Conference is available if you are interested. The meeting is scheduled for March 3 - 6, 1984, in Washington, D.C. Please call Lorraine and the material will be furnished to you. City of Iowa City MEMORANDUM --j DATE: February 3, 1984 TO: City Council FROM: City ManageG� !� RE: Meeting Meeting with Iowa Development Commission The meeting with the Iowa Development Commission regarding the World Trade Center will be held on February 8, 1984, at 7:30 P.M., in Room 100 of Phillips Hall on the University of Iowa campus. The speaker will be F. Forbes 01berg from Cedar Rapids who is a commissioner of the Iowa Development Commission. i • 1 City of Iowa City MEMORANDUM DATE: February 3, 1984 TO: City Council FROM: City Manager � l RE: Privatization of City Services Attached are several articles which appeared in the January 1984 issue of American Cit and Count magazine concerning privatization of city services. neo t e articles covers wastewater treatment. The article, "Dividing the Pie Between Public and Private", was written by Arthur Young Co., the firm which prepared Iowa City's wastewater treatment privatization study. 0 MA- Privatization Dividing the Pie Between Public By Harvey Goldman and Sandra Mokuvos, Arthur Young Co. 70 and Private Deal governments across the United States are all facing a common dilemma — an enor- mous need for infrastructure facilities, without the financial wherewithal to fund their construction. Decreases in federally and state -funded programs are shifting a greater amount of responsi- bility to mayors, town councils and others who must decide which project will proceed and which will be indefi- nitely stalled due to lack of funds. While some municipal officials'are sty. mied in their desires to provide citizens with needed services, many others are looking at privatization, a financing and service delivery approach with potential advantages over traditional funding al- ternatives. The privatization concept — private sector involvement in financing, design, construction, ownership and/or opera- tion and delivery of service — is based on an emerging trend of public/private partnerships. Because the private sector has unique advantages available to it that are not available to local govern- ments, public officials have the oppor- tunity to capitalize on situations that could result in savings for the commu- nity. The possible savings result from construction cost and time efficiencies, operational advantages, and utilization of tax benefits. A private sector firm undertaking a construction project will generally pro- ceed at a faster rate and with a less cumbersome approach when compared to an identical project constructed with public monies. The many regulations and procedures that must be followed during construction of a publicly funded project typically raise the cost of a project by a significant amount. Bid- ding procedures, procurement regula- tions and other conditions imposed upon local governments are intended to protect the public. They also delay projects and cost money. Privatization, coupled with service delivery contracts, have proven to be a cost-effective way of putting projects and services into place while still pro- tecting the public. While the methodol- ogies necessary to accomplish this goal are new to most local government units, they are easily put to use with appropri- ate guidance and direction. Operation efficiencies After a project is constructed, private sector operation may be more efficient as well. "Contracting out" service de- livery or blending public and private work forces to achieve operational and potential tax benefits could be consid- ered in many cases. Contract operations have proven successful in many areas. One source of savings results from economies of scale that come into play when the same private sector firm pro- vides services to multiple customers. Tax benefits, which are not available to tax-exempt governmental entities, can be used by the private sector to lower service delivery costs even further. Changes made to the tax law in 1981 and carried over in the 1982 changes al- low equipment and machinery to be de- preciated over five years and structures over 15 years, about half the time pro- viously allowed. In many instances, Investment and energy tax credits are also available. If the private sector entity uses a combi- nation of equity and debt to finance the project, the interest payments on debt are tax deductible. The privatization approach is appli- cable to a variety of infrastructure proj- ects. Typically, equipment -intensive projects are more attractive than struc- American CBy & County/January 1994 a ZQ ? turally intensive facilities because of the higher degree of tax credits and tax de- ductions. However, the feasibility of privatization should be determined on a site-specific basis. Suitable projects Among the types of facilities for which privatization is especially suited are: water and wastewater treatment fa. cilities; resource recovery and solid waste -to -energy facilities; parking and transit systems; garages and other gen. eral and special purpose facilities. In addition, privatization concepts also have been used by communities to attract private investment to develop properties which are owned by the pub. lic sector, but are not needed or usable in their current dedicated use. The con- version of vacant land into important new taxable property and the rehabili- tation of older structures through the use of privatization concepts has been successfully demonstrated in many situ. ations. Establishing the economic viability of privatization is important, but there are other matters that need to be addressed, and an orderly, proven methodology is essential. A key concept that governs this approach is that the public and pri. vate sectors must work together as part- ners. When a privatization transaction is appropriately structured, both partners will benefit, but neither gains at the ex. pense of the other. The private sector group gets an opportunity to pursue a legitimate business opportunity with a public sector client. The public gets a service delivered at a cost which could be far below its own cost of providing such a service. In fact, the public may be getting a service which it could not afford to provide for itself. Risks involved As in any business arrangement, there will be some risks involved in a privoil. zation transaction. If privatization is to be truly a partnership between the pub. lic and private sectors, then along with sharing the benefits, risks will also have to be shared. However, it should be noted that by working together, the risks can be minimized. For example, in a privatized waste water treatment facility, the private sec. tor firm will most likely be responsible, under penalty of fine, for meeting the discharge requirements of the munici- pality's National Pollution Discharge Elimination System permit. If the re- sponsibility is to be shared, then it is more than likely that the municipality will guarantee the general quality of the wastewater entering the plant to be treated. Similar types of risk -sharing approaches must be conceived on a site and project specific basis. Public officials interested in using the What do you think of privatization? Is your community involved in any such projects? Several mayors and city officials were asked their view of privatization while at. tending the recent National League of Cities convention in New Orleans. City Manager Ron Bourbeau, Shawnee, Oklahoma "I think that is one of the directions local government has to turn. In the past year, we've contracted oursolid waste collection and disposal. Prem of. the reason fs we were losing $100,000 a year and politically it was difficult for us to deal. with that. Now, we're trying to recover thane costs becamw the people being taxed can't afford more !axes." • Mayor Dud Lasirapes, Lafayette, Louisiana "I believe wholeheartedly in privatization. We're trying, wherever we can, to involve the private sector.V�'ft- Mayor We are doing some in public works. Rather than bring.ing in new people to maintain streets, we're contractingoutfor the street work." Mary Louise Bunker, Alhambra, California - "ll is one of the ways that cities are going to be able to maintain'servli+a: and keep taxes moderate. We contract our trash and garbage collection and are investigating the possibility of contracting our fire depmmenk Wi have also made some arrangements with an energy control, comparty to 46, some things in the city hall. % 1 1 t City Manager AJ. Wilson, Kansa a City, Mtssoarf t '7 think it is important to happen where it can occur bi a competifive fashlon. We try to do a great deal of co. ` operative work with our private sector and I think, there are still some ways that we can effectively Join, these different service de ive'der. We have some very Interest, Ing relationships. one of them is the operation of our,.; public hospital which is run by d quint-pdvatrero ration. CitiComm"ner Fred L. Stewart, Akos, Tan: r` err v; This gets tis into the questlon of dealing with unions as to whedier, jW: private sector can come into an Industry without putting someofie out of work. We certainly don't want that to happen." Mayor Leo Hackney, Greenville. Texas . "I think it is an alternative for local governments. if the opportunity presents hself,'I'm sure we will be get "' ting into more of this. The only thing we have priva. :. ' tized now is garbage disposal. It's working well, very well. American City 6 County/January 1984 n p or . f/rellphlers /n Dover, N.H, Nene eaneemed about ladjobs and quality of some*. By Larry Hansen Dover, N.H., Firefighters Douse Privatizing Effort At limes, there seems to be no way to control the costs of running local governments. As residents demand more services, as state and federal governments cut local assistance programs, and as be. leaguered taxpayers yelp with pain, local administrators are searching — sometimes desperately — for'new management techniques. In Dover, New Hampshire, city officials would like to institute a dif- ferent and relatively new manage. ment practice — hiring a private contractor for administering the fire service. This idea was the town's number one, most discussed issue in 1983, but the management tech- nique, first proposed by City Man- ager Robert Steele, has snowballed into one of the most controversial is- sues the town has seen in a long time. Last June, after much often. heated rhetoric among fire depart. ment employees, city officials and local residents, City Council mem- bers voted 5.3 to contract out the town's fire services to Wackenhut Services, Inc., of Coral Gables, Florida. The quality of the fire de. partment was not the issue; the problem was money. More than 6100,000 is expected to be saved per 72 year through the use of the private firm. The company was to take control of the fire services on August I, but the doors to the town's two fire sta. tions were locked, and the original fire department employees had the key. The local unions of the Inter- national Association of Firefighters quickly brought lawsuits against the city, and the county court judge sub- sequently issued a temporary re- straining order on the contract. The town's new contractor could not be utilized, as the firefighting debate which had first circulated around the Dover coffee shops and barber shops, and then in the City Hall chambers, lingered until going before the State Supreme Court. There, it still awaits final judgement. Savings vs. accountability Throughout most of 1983, Dov- er's 28,000 residents wondered who was going to fight their fires. Those in favor of private service empha- sized cost savings; those against questioned the public accountability of a private corporation. City Manager Steele says, "One of the issues today is to put a limit on (Continued on page 74) privatization concept to help meet their infrastructure needs must understand both the privatization concept and the role that community leaders and the community's work force will play in the concept's implementation. For example, a privatization feasibil- ity study requires that a determination be made of the needs to be met. While a consultant familiar with the privatiza- tion concept, including a thorough un- derstanding of the tax laws, is the most likely to undertake this endeavor, that person would be wise to work with the community's engineer and legal counsel to gain their insights into the situation. At the time a private sector firm begins operation of a facility, the existing pub- lic work force may be incorporated into the new one. Question of control Some municipal officials may feel that turning over essential services to the private sector will diminish their control and authority over those services. The issue lies in understanding the differ- ence between production and provision of services. Although the municipality may no longer be producing the service, it is still providing it; and by structuring an ap- propriate oversight program, the mu- nicipality can still retain control over the timely and cost-effective provision of the service. The oversight program is most likely to be set out in the contractual agree- ment between the municipality and the private sector firm. It may include in- dependent financial and operational au- dits, and quality control reviews. Transactions can also be structured to enable the community to take control of the facilities in future periods. Privatization offers many potential advantages to the public sector. First and foremost, privatization may pro- vide a means to answer environmental, social and economic development needs to municipalities without the monetary means to finance needed infrastructure facilities. In other cases, it may allow local communities to use their limited debt capacity to finance other essential needs. In comparison to federally funded grant programs, which dictate the ways in which needs are deter- mined, local communities could have more flexibility in determining their own growth and development through a pri- vatization approach. If privatization is deemed appropri- ate enough in a specific situation to warrant further study, the key to using it successfully is to approach the pro- cess in a thoughtful and organized manner. Communities that are to sur- vive and thrive in the uncertain eco- nomic conditions of the 1980s must be alert to new solutions. Privatization is one such solution. ❑ American City A County/January 19114 Z Gni An arMtYs eanc000n of Me Mav"llilLawrence, Murat, waste-t"nNgy faellft Cities, Company Building Wasteast"nergy Facility nlike many federal activities which citizens believe to be wasteful, local public services are perceived as necessary and cutbacks are strongly resisted. The logical course of action, accord- ing to Robert W. Poole Jr., president of the Reason Foundation and director of its Local Government Center, is priva- tization. Privatization is having private companies provide services traditionally supplied by governmental agencies, and recovering the costs through user fees, rather than broad-based taxes. Privatization is not a new concept to the solid waste field, The National Solid Wastes Management Association (NSWMA) estimates that 47 percent of all residential refuse in the United States is collected by private haulers. Munici- pal workers collect 44 percent of the refuse; the remaining 9 percent is picked up by a combination of municipal and private collectors. Private ownership or operation of landfills is not new either. NSWMA es- timates that approximately 33 percent of the landfills are privately operated, while the remaining 67 percent are mu- nicipally operated. Wasle-lo-energy Private operators have been hesitant to invest massive sums of money needed to construct waste -to -energy facilities before selling the service to local gov- 74 ernment customers. Now, private enter- prise in Massachusetts has undertaken a waste -to -energy facility at an estimated cost of $99.5 million. When completed in 1984, the project will be the first of its magnitude to be financed without major governmental backing. If suc- cessful, it could be a model for the ad- vocates of privatization. The project has been created and or- chestrated by three small businessmen: Rocco Schelzi, president of a ready -mix concrete firm; Vinnie Barletta, owner of a Massachusetts road building com- pany; and James Ricci, a real estate en- trepreneur. The corporation formed by the three men is Resource Fuels, Inc., (RFI). RFI, patterned after the Albany, New York, Solid Waste Energy Recovery System (ANSWERS), will operate from two locations. A 100,000 -square -foot waste processing facility in Haverhill, Massachusetts, will separate wastes to produce refuse -derived fuel (RDF). This material will be trucked approximately six miles to a power plant, located in Lawrence, Massachusetts, where it will be burned. A boiler to be constructed at Law- rence's Arlington Mills industrial com- plex will burn the RDF to generate steam. Some of the generated steam will be fed through an existing turbine to (Continued on page 76) Firefighters (Continued from page 72) growth in government. The City Council has explored other alterna- tives. At one point, we considered combining the police and fire de- partments, but we discovered that was not feasible. We thought about saving money by contracting out the personnel functions of the city cem- etery, but we couldn't find anyone who wanted to do it. And then we thought about doing something with the sewage treatment plant, but we only had one proposal, and the sav- ings were not going to be significant enough." Dover's budget has increased from $2.3 million in 1964 to 5161 million in 1982. After the city's property reevaluation two years ago, the bud- get increased by $6 million in one fiscal year. Meanwhile, Dover's ed- ucation costs rose from $6 million in 1981 to S9.7 million in 1982, while municipal services increased from S3.4 million to S5.7 million during that year. And the 42 -person Dover Fire Department, the fourth largest in the state, had a projected cost to the city of SIA million for 1983.84, excluding maintenance costs. The city's property tax rate in 1982 was S30 per thousand, with the pri- vatization of the fire service ex- pected to save about 30 cents per thousand on the tax rate. This arith- metic has prompted several bitter fi- refighters to remark that they had been "sold out for 27 cents." Steele first learned about the idea of private fire services two years ago when officers from the Dover Fire Department approached the city manager with the concept. Steele says the officers were talking about forming their own fire protection company, but the idea never materi- alized. Then, Steele read an adver- tisement, sent an inquiry, and the contracting idea started to build mo- mentum. Two plane considered Dover had seriously considered only two proposals from private fire service companies, eventually choos- ing Wackenhut because its proposal more closely resembles the present structure of the fire department. Un- der the plan, six employees would be laid off, and 36 current firefighters would be given first priority for em- ployment. Under the proposal, the company will administer the personnel, paying salaries and giving a certain level of fringe benefits. Money would be (Continued on page 81) American CRY A County/Januory 1984 1? p 9 Advantages of Privatization I. Provides a timely answer to environmental and economic development needs. 2. Minimizes federal and state involvement in local affairs. 3. Avoids construction time delays and compliance with federal procure- ment regulations, which collectively may increase the capital cost of a fa- cility by2fl percent to 40 percent. 4. Permits greater flexibility, in key, factors such as flow -matched siring of the treatment world and billing uses for services provided; and avoids in- direct costa of grant administration and potential headaches of grant au-' dits: 3. Privatization mayprovide 100 pricentfunding of sewage treatment plant construction costs,thereby preserving local debt capacity for other emen- tial purposes. The grant program,'in contrast, provides a percentage of funding for eligible costs only, and eligible costs are typically determined at the time a local project is placed on a state priority list, not when con- struction costs are actually incurred. Time delays may therefore signifi- cantly raise the local share. 6. Tax benefits which the private sector is capable of using should result in lower user fen than local debt financing. would necessitate.'Tax benefits available to the private sector include: . Investment tax credit'— IO perrent of eligible project cost Depreciation of machinery and equipment over five years:. Depreciation of structural components over IS years. Deductibility of interestexpez se.. ,' 7. Opportunity for community/prwate sc.-tor organizationo to WorT4 to- gether toward the issuance of industrial development bonds'wouldItiaer lower the Interest, cost of tinancing.by the private sector, and may; in`faet, equate the interest rate borrowing cost `of the private group with that'of the local community. 8. For many communities, proper:operation and management of sewage treatment facilities is best achieved through a private sector contractor: Community difficulties include pay scalei to attract and retain key technt- cal talent and limited career growth opportunities; 9. The private sector should experience significant economies of scaie in the operation of multiple facilities, thereby resulting in lower, user fees for op- eration and management: Reasons include factors such ar ;, y — Ability to share licensed operators among multiple plana Ability to centralize/consohdate common services such,as preventive lruintenance, aceouotiag grid admininration, laboratory, services•,' tpare porta; eta Ability to bulk; order chemical supplies and other essenual common commodities: Profit incentive for cost/efficient operations and search for revenue - generating capability of treatmeift plant resources in addition to local user fees. Taken from a report on privatir"a o[ wastewater treatment facilities prepared'by the Arthur Young Co'mpaujior the New Jersey Department of Environmental Prolectlon.'.. 76 Wast&to-energir (Continued from page 74) produce electricity for sale to the New England Power Company. The refuse -processing plant will have a capacity of 1,300 tons per day and is expected to operate 306 days a year, processing 398,000 tons of waste an- nually. Of the 398,000 tons, 291,000 tons will be recovered as RDF, and 15,000 tons of ferrous materials will be magnetically separated. The remaining 92,000 tons of residue will be landfilled. Waste suppliers Waste for the plant will come from the 63,000 residents of Lawrence and the 47,000 residents of Haverhill. The communities of Lowell and Leominster, Massachusetts, and Salem, New Hamp. shire, have signed contracts to send their wastes to the RFI plant. SCA Services, a private waste hauler in Boston, has also signed a contract to dispose of ref. use at the facility. Most of the waste will be transported to the processing facility from transfer stations, where recyclable paper, glass and aluminum may be removed. When the refuse arrives at the RFI facility, it will be weighed, scanned with an auto- matic gamma -ray detector and visually inspected. Conveyor systems will move acceptable wastes through the process- ing lines. Construction of the plants began in June, 1982. The processing facility is being constructed by Boeing Engineer- ing and Construction Company, the firm that designed and supplied the Ta. coma, Washington, refuse -derived fuel plant that has been intermittently oper. ating since 1978. Boeing is acting only as the plant contractor for RFI, as the plant systems are not proprietary to Boeing. Most of the systems will be supplied by Heil. The first processing step is shredding. This reduces the wastes so that 90 per. cent will pass through a four -inch open- ing. After shredding, the.waste passes under a magnetic separator for removal of ferrous materials. Next, the waste travels through a two- stage trommel screen, The %r -inch openings in the first stage remove sand, glass fragments and grit. The four -inch openings in the second stage separate oversized materials. A second magnet further refines the RDF by removing any ferrous metals missed during the first processing step. Because RFI does not have the finan. cial backing of a governmental entity or large corporation, the owners were forced to assemble a funding package from different sources: *The three partners in RFI supplied S8 million, approximately 8 percent of the estimated $99.5 million project cost. American City J, County/January 1994 The engineering firm of Henning- sen, Durham and Richardson, which will monitor construction and operation eration Disadvantages Of PftC�ZaWM of the Haverhill processing plant, in- vested $2.5 million. SCiticorp Industrial Credit and New England Merchants Leasing Corpora- The nation's largest public employee union has announced a national public ed - tion provided $22.8 million of equity under a leveraged lease -ownership ucation program designed to aim policymakers to the drawbacks and abuse asso. elated with contracting out, or privatization, of state and local government ser. structure. The two institutions invested in the project because of their ability, as vices. As part of its effort, the American Federation of State, County and Municipal Employees (AFSCME) released a 116 -page book entitled, "Passing Bucks: lessors, to qualify for investment tax credits, energy credits and accelerated the The Contracting Out of Public Services." The book, which is the result of two years of depreciation. Efficient use of these tax study and research, details dozens of examples of mismanagement,. abuse, fraud and corruption as a result of contracting out at the local IaveL benefits reduced the total financing cost of the project. ., . "The on -the -Job experience of AFSCME's one million members clearly. is" *Lawrence and Haverhill shown that contracting out has serious shorten each se- cured $4 million in Urban Development erau ment services are frequently more costly; contracting out oofften resurs lts 1t, e ins the quality and efficiency of services; it Is inevitably accompanied by a lessen - Action Grants (UDAG), which the cit- ies invested in the project. The federal ins of public control; and there are documented cases of crime and corruption as= sociated with contracting out," declares Gerald W. McEntee, -of grants to the cities were loaned to RFI president AFSCME. for a 23 -year period. Initially, RFI will "The Reagan administration's cuts in aid to state and local government have repay the loans with interest. In later greatly increased the budget problems of those governments and contracting out is years, the cities' return will be even being promoted as a quick fix," McEntee continues. "But, our report shows that greater. commet'ng out Is no panacea. In fact, contracting out much more often operates *The remaining 558.2 million for the against the bat interests of the public it is supposed to benefit." project came from a public issue of tax- Among the findings of the report are: exempt bonds. •Rather than saving money, contracting out often results in higher costs. Hid. "In negotiating the grant, HUD (fed- den costs such as contract preparation, administration and contract monitoring eral Department of Housing and Urban usually increase the price of contracted services, . Development) obtained a participation OContracting out can result in a decline in the quality and efficiency of servleea in profits from the project for each of Contractors are tempted to cut comers by hiring inexperienced personnel, by Ig. the two host cities," says Richard J. Passed, director of community devel- noring contract requirements and by providing inadequate supervision. . -' OCorruption to contracting out has increased dramatically. Numerous caul opment in Lawrence. "We won't start of briber', kickbacks and collusive bidding haveelurutettaed coaaacthmg out over the to realize much for the first eight to 10 past several years. In addition, organized crime appears to have at romed esti can years other than interest and principal larger rale in illegal activities associated with contracting out.. on our S4 million share." Lawrence Mayor Lawrence P. Le- OContracting out is still a tool of lila l poli laatronage la roaay areae:; •';; :;: vel *Contractors bidding to provide public seryJttahave Febrc estimates, however, that during sometimes ear;ousseredill; aancial problems which have left cities, cotmdes and a" in difficuky the next 20 years the city will realize tens .'�K IlContracting out has often been characterized by.!'lowballins" or.!'biiybig knit of millions of dollars in benefits from at unrealistically lower prices in order to obtain a contract.:.,. the UDAC loan if the plain operates at - The drafting of Job specifications and contracts often leads to contractor peak efficiency. The city is scheduled to pilo formance which is too rigid or narrow to maintain quality public service:ti. i, receive 20 percent of the project's prof- SCompetition for contracts to provide public services is too often the exception ion its. Haverhill will receive the same bene- rather than the rule. .. ., ....... _ .... ,. ,.. ,.....,. �..� • •Contracting out results in leu accountability by government to the public:"--" fits, plus a fee of SI per ton of wastes OContracting out is frequently used to mask the inadequacies of delivered to the processing plant. This public offrclait who cannot manage their own operations properly... fee is subject to a cost -of -living escala. "The lesson Is clear for state and local government officials. Tbayahwld p no - tor. teed with extreme caution when tempted by the heady claims of contracting out;' Insurance policies explains Linda Lampkin, AFSCME director of remwarcb. !'At a minimum; public officials must be willing to explore the'ahematives.l Ttat'si bade management m In order to protect the project's suer- cess, RFI Is using efficacy and decay in- sponsibility." The key to Improving public services is good public mans8emenI andehte�ent surance policies. Efficacy insurance guarantees that the facility will perform public services, not the selling offof, government;! says McEMes.-!� oblie.o/f{: ciao all too often have used contracting out as rcrutch to prop pp: r'tat.pueyi in accordance with expectations: If a mom' In every cats of failure, imi every cub where tbe'gtiahityAW'dadsas;.of a certain amount of refuse is delivered to public service has deteriorated and the cots increasM,-.wbere oontrol'over:Putilb the plant, a proportional amount of cn- services has diminshed, where corruption hat come into pity, am Public L the duet ergy will be produced. Delay insurance victim. The public endures the consequences and the public pays the bill where the complements the construction guaran- contracting out has not worked." �; •.•;;...., ,. tees of the general contractor by cover- ing uncontrollable circumstances such as natural disasters, new government reg- Next month, AMERICAN CITY& COUNTYmagadne ivill present an ulations or a long labor strike. Jim Ricci, vice president of RFI, says In-depth dircussion ojpotentfal disadvantages ojprivadraNan. The report "Private enterprise can obtain financ- will be authored by Linda Lampkin, dimetor o 11. ing to build and operate facilities in Federation of State. County and Municipal Employees, the country'slarg- ways than can result in benefits for est public -sector union with more than one million members. everyone — so long as the private de- .. . ' American City 8 County/January 1984 "C� ff port of the government entities in- volved. Also, the system must be de. signed to give financial incentive to all participants to perform their obliga- tions within the structure and to reward them for their performance." Haverhill Mayor William E. Ryan agrees with Ricci. "This project stands as living proof that business and gov. ernment can work together and profit mutually." Haverhill has signed a 20 -year agree- ment to provide the RFI plant with 75 tons of trash per day. The city will pay a set tipping fee with an escalator clause tied to the cost -of -living. Lawrence has signed a similar 20 -year contract with RFI for disposal of its waste. Sale of steam The projected tipping fee is 515.50 per ton in 1982 dollars. This is compet- itive with fees of approximately S16.50 per ton at area commercial landfills. Other project income will come from the sale of steam, recovered ferrous materials and energy. John Buckley, Haverhill's coordina. tor for economic development, says "The RFI proposal does a lot for Hay. erhill. It produces 5350,000 or more in new revenue and creates 52 new jobs, while providing cheap energy to an en- ergy -starved section of this city." The RFI project appears to be an ex. ample of the benefits of privatization. All parties to the agreement stand to benefit: the participating cities to gain financially and through a more envi- ronmentally sound waste disposal sys. tem; the region to gain because landfill requirements are reduced by 275,000 tons per year with savings of 18 million gallons of imported oil to be available annually for other uses; and the inves. tors and operators to gain a financial return that will justify their investment. If all the participants In the project gain from this project, it will be a mile. stone in resource recovery and public/ private cooperation. ❑ Next Month in AMERICAN CITY & COUNTY • Hazardous wastes — Local governments and the cleanup of dump sites. • Bridge construction and maintenance — Some problems and solutions to a major concern. Margate, N.J., turned to private eolleetlon of residential refuse In order to sous money. N.J. Town Cites Efficiency, Savings With Private Firm The end of the 1970s brought a taxpayers revolt and, with it, vob cis across America forced their city managers to gain control of oper- ating budgets or lose their jobs. In New Jersey, a 1976 state law lim- ited towns and cities to yearly budget increases of only 5 percent and, as a re- sult, many New Jersey communities had their reputations tested as efficient, as tractive and thriving communities. One of these was the city of Margate which, by turning its refuse collection over to a private contractor, was able to save on its expenses for public services. Margate is located on Absecon Is. land, on New Jersey's south shore, be. tween Atlantic City and Ocean City, Today, the streets are meticulously clean, with trimmed trees and spacious sidewalks. The houses have fresh coats of paint and the residents are proud of what they consider a model community. But as Margate Commissioner of Public Works Russell Roney points out, 1"The Cap" threatened all of this in 976. "The Cap" is what the residents of New Jersey call their version of Cal. ifornia's Proposition 13 or Massachu. setts' Proposition 2�/r. "Although 'The Cap' had many ad- vantagcs," says Roney, "it didn't leave much room for increases we had no control over. Our wage and salary bud- get ate up the 5 percent before we could address increases in electricity, insur- ance and petroleum." Commissioner Roney sits on Mar- gate's governing body, the board of commissioners. Serving on that board with him are Mayor William Ross and Commissioner of Public Safety and Af- fairs Sigmund Rimm. Roney recalls the meeting of the board where the three looked at every alternative available to them to trim the budget. "We looked at the fire department and the police department," says Ro- ney. "We looked at every service possi- ble and it seemed whatever we did, the city of Margate would be hurt beyond repair. "Culling services means cutting sum- mer residents," he adds, pointing out that Margate's entire southeast border is a beach on the Atlantic Ocean that at- tracts thousands of summer residents, upon whom the city is very dependent. The last thing the commission wanted to do was cut one of Margate's lifelines. A few miles south, Ocean City had been using a private contractor for ref. use pickup for a number of years. A telephone call to Ocean City provided some surprising Information for Roney. "They were not only very happy with the service they were getting," he says, 78 American City & County/January 1984 Firefighters (Continued from page 74) saved by reducing personnel, by in- creasing the work week from 42 to 56 hours, and by reducing the cost of fringe benefits, Steele says. City em- ployees now have a fringe benefit package that amounts to 36 percent of their salaries. Along with the in- crease in work hours, average salar- ies would be raised from $14,000 to 516,000. The five fire engines, two ambul. ances, an equipment truck, other equipment, and the city's two fire stations were to be leased at no cost to the company. "It is all in the specifications that you write up before the contract is signed," says Steele. "The most im- portant part about the contract is to define what the job is and what you want done. "We have a very detailed book of specifications that they will have to abide by," he adds. 'The city re- tains the right for such things as re- moving employees who do not have adequate training for the job, audit- ing the company, subjecting the company's fire chief to the direction of the city manager, and having the contractor perform miscellaneous duties as directed by the city man- ager. We (the city) have the controls built into the proposal. "Look. if they pack up and move out before the contract is completed, we have the right to a $500,000 per- ' "but were spending a lot less than we were." Margate's system ' At that time, Margate employed 15 people to handle refuse pickup, operat- ing three 20 -yard compactor trucks dur- ing a five-day work week to cover the ' entire community. A crew of six men would go into each property and put the i trash cans on the curbside. The remain. der of the crew would pick up the trash with the three trucks. Until 1976, this seemed efficient enough for Roney. But with truck prices heading for the 580,000 range, wages climbing higher, and landfills becoming more and more scarce, Roney knew the refuse collection budget was about to explode. He reasoned that if the city could put the cost of trucks, labor and landfills on someone else's shoulders, a large portion of the city's budget prob. leets could be solved. So, in 1976, Margate took bids for a refuse collection contract, and from then until 1979 the city had what City American CRy i County/January 1984 formance fund. I don't think the quality of service would be reduced at all with a private fire service. If they don't produce, they won't be in service. Right now, we know of four companies that provide this service. In five years, there probably will be more." The Dover firefighters have vehe- mently objected to the idea of a pri. vate fire service. John Cannon, a 24. year-old engineer who has been with EDITOR'S NOTE: The New Hamp- shire Supreme Court recently ruled against the private fire service plan for Dover. The public fire service will continue to operate in Dover, as It has for nearly a century, as the contract between the city and private fire service is now legally inopera- tive. the department for five years, ex- plains the position he and his col- leagues have taken. "Sure the proposal looks good on paper;' he says. "It looks like a panacea. But in a couple of years, it will all catch up to them. Wackenhut is a big corpo- ration; they can take a loss for a couple of years. But they are a profit organization and they will not take losses forever. "They will eventually put anend to that;" Cannon adds. "Then they will start cutting back someplace and the citizens of Dover will take the loss." Clerk Bob Gilchrist termed a "fair" re- lationship with two companies, each for two years. But, says Gilchrist, "They may have put a dent in the budget, but the number of complaints from our res. idents was very annoying." The contract went up for bid again in 1980 and Gilchrist says there were dra- matic changes. Mar -Tee Contractors, a subsidiary of SCA Services of Boston, was the low bidder and has been the low bidder since. "Mar -Tee taught us a lot about the business," says Gilchrist, who explains that there were four big problems the new contractor solved for the city. Efficiency a key The first was a problem of efficiency. In both the off-season and summer, the company completes the city's refuse collection by early afternoon each day, over five days. "They move fast, but don't miss any houses;' says Gilchrist. "Before, it was just the opposite." Also, the contractor uses 31 -yard high compaction trucks, cutting down land- fill trips and traveling time, a key factor Cannon is leery of a private fire service for many reasons, including the questions of quality and respon- sibility, but he is also afraid that Dover firefighters would lose their "espirit de corps" that has drawn them close personally and has made them work together efficiently as a team. He thinks a large, private cor- poration could squelch the spirit of the traditional firefighter. He and his colleagues also oppose the company itself, claiming it has a reputation as a "union -busting organization." Privatization leader Among New Hampshire commu- nities, Dover is a leader in contract- ing out public services. Since Steele became city manager in 1978, the city has contracted the refuse dis- posal, custodial services, and some snow hauling, data processing and heavy equipment. Some residents say that is enough, that the critical im- portance of the fire department should not be risked by placing the responsibility in the hands of a profit-making corporation. Others say it is an intriguing alternative which lessens the cost of a fire de. partment that has it "too good" with the generous benefits in union contracts. The firefighting issue has placed this seacoast town in a national as. well as a regional spotlight. Report- edly, there are no other profit-mak- ing fire services in the Northeast, and one official has acknowledged that "all eyes are upon Dover." ❑ enammg the company w 1111,31, „y ..,.,,a afternoon. "I think there are several reasons this company is able to do the job so much better than the city or other compa- nies," says Gilchrist in retrospect. "First, it's part of a big company so the equipment is top quality and well-main- tained. Second, the work force is care- fully screened to meet certain produc- tivity and safety standards." Gilchrist says the company also Pays its crew a weekly guaranteed incentive wage. "If they finish in 36 hours per week, they still get paid for a full week's pay," he says. "But the company keeps a close watch to make sure that the cans are put down properly and no houses are missed." An added bonus for Gilchrist is that he no longer has to take calls from res- idents. Now there is a forwarding sys- tem that channels all questions on ref- use disposal directly to the contractor's headquarters. Efficiency was not the only problem the new contractor solved. Although private contractors had been collecting .1 ��9 Robert A. Gilchrist Margate's refuse since 1976, Gilchrist says the city was never completely out of the business. He still had about six of Roney's men putting the trash out on the curb before the contractor arrived. "Mar -Tee convinced us the residents should be doing that themselves," says Gilchrist. "We knew it would cause waves, but we made it the residents' re- sponsibility to put their trash on the curb. They complained at first, but it wasn't long before they were used to it.,, The third problem the new company solved was to eliminate the city's bur- den of picking up oversize trash such as refrigerators and large furniture. "Up to this point," says Gilchrist, "the city went around every couple of weeks with a large truck to pick up these large pieces. You have to remember, when you have a population that triples in the summer, people tend to clean out their summer homes at the beginning and end of the season. You wouldn't believe what they put on the curb." The contractor has set up a system where residents are allowed one large item per week. The item goes into the compactor with the rest of the trash, but the limit keeps it from becoming too much of a load. The final problem concerned the awkward manner in which the city han- dled trash from the street receptacles and the beach. "We used to put this trash in trucks and bring it to the land. fill," says Roney, "but now the con. tractor provides a roll -off container that we keep at the public works garage. We put the trash from the beach and the re- ceptacles there and it is then emptied from the roll -off when it's full." The net effect of these improve. ments, says Roney, was to take the city out or the refuse collection business al. together. "This allowed the public works department to concentrate on other matters such as drainage, roads Russell C. Roney and beaches," he says. "And most of all, it saves us a lot of money at a time when we desperately need it." Accord. ing to Gilchrist, going to a private firm has saved the city well over 6500,000 since 1976. Close relationship Asked whether the residents of Mar. gate resisted the change from public to private refuse collection, Gilchrist says absolutely not. "At this point," he says, "the residents barely notice the fact that refuse collection is done by a private firm. The company has worked so closely with us in solving our refuse problems, their people are like city em- ployees." Roney says this results from the con. tractor working so closely with his de. partment. "Our public works manager, Joe Henry, who had been part of the city's refuse collection crew before the switch in 1976, works with the contrac- tor like he was part of the company," the commissioner says. "The company knows the refuse business, and Joe knows the city. They make a great team." But both Roney and Gilchrist admit there is one drawback to having a pri. vate firm collect the city's refuse. They say the bidding process can get in the way of the city getting the bat service at the best price. "Whenever the contract goes up for bid," says Gilchrist, "any fly-by-night company could come in with the lowest price. And unless the city goes through a lot of litigation to prove that the com- pany can't handle the job, it has to ac. cept the bid." He reasons, however, that privatiza. tion has been good for Margate despite the bidding system. "With the prob. lems we solved and lessons we learned through our latest contractor," he says, "changing our refuse collection process in 1976 turned out to be one of the best things Margate has ever done," ❑ Privatizing Wastewater Treatment By Benjamin M. Rawls, Senior Vice President, Metcalf & Eddy, Inc. `� Wye'veway always dont is this way." To the innovator, this must be the most frustrating of all statements. The inven- tor of the wheel undoubtedly heard it from a man dragging a skid. A monk, hand -illustrating a medieval document, probably responded with those words when told of the printing press. Even today, some people are reluctant to use pay -by -phone banking, computer-gen- erated fuel deliveries, and similar mod- ern conveniences. Privatization — the providing of a public service by a private operator un- der contract to a governmental agency — is no longer a new concept. Perhaps the best known example occurs in the solid waste field. Refuse collection meets the criteria of an essential municipal service, yet a 1975 survey by Columbia University showed that nearly half of all Ameri. cans live in cities where private collec- tors pick up at least a portion of the residential refuse. Disposal of the wastes, either in a landfill or in a re- source recovery facility, also is accom. plished by the private sector in a sub. stantial number of communities. There are other public services that are supplied privately in many commu- nities, such as electric power, ambul. ance service, supplying of drinking wa. ter, street maintenance, and even fire protection. Clearly, wastewater treat. ment has the potential to also be pro- vided by the private sector. Why consider privatizing wastewater treatment? For the same reason that cities have looked to the private sector to provide other services — because it makes economic sense. Billions needed According to the U.S. Environmental Protection Agency, this country cur- rently needs to spend 592.6 billion to meet the sewage treatment requirements of the present population, plus another 527 billion to accommodate the people 82 American CRy L County/January 1961 who will be born or will relocate before the year 2000. Anticipated federal ex- penditures during this fiscal year will be only $1.8 billion — less than 214 per- cent of calculated needs. Obviously, federal funds are not going to be avail- able to satisfy sewage treatment needs, and inflation is increasing costs at a greater rale than federal expenditures are reducing needs. This creates a particular problem for local governments, because cities and counties have looked to Washington since the passage of the 1971 Clean Wa- ter Act to provide the funding necessary to construct the wastewater treatment plants required by that law. Washington has responded appropri. ately. Seventy -rive percent of the cost of designing and building treatment plants is currently paid through federal fund- ing. Communities that have elected to use innovative designs have also quali- American City 6 County/January 1984 fied for an increase in the federal share of the facility's cost. Under this pro. gram, more than S35 billion has been spent in the quest for clean water. The federal financial well is running dry, however. Not only is the current congressional appropriation insufficient to finance the nation's treatment needs, but the federal share of an individual plant's costs will be decreased from 75 percent to 55 percent after October I. A local government in need of a new wastewater treatment facility has a whole new set of financial concerns. Both private companies and the EPA consider privatization m be one re- sponse to these concerns. Privatization can he thought of as a three-phase pro- cess: •Private financing — The commu. nity's only expense is a predetermined fee based on the flow and composition of the incoming wastes. It is freed from Nearly $120 billion will be needed to meet the sewage treatment needs o/ the United Slates by the year 2000, the necessity of persuading voters to approve a bond issue and its borrowing capability is not impaired by the Licht necessary to construct the facility. *Turnkey construction — A design/ build firm works with the community to determine its requirements. The firm then prepares a set of plans and specifi- cations for a facility that will satisfy these requirements, builds the plant as specified, and turns it over to the com- munity with a warranty that it will per- form as designed. *Full service operation and mainte- nance — The contractor agrees to op. erate and maintain the facility so that the discharge complies with all applica- ble state and federal regulations. Only when all three of these condi- tions are met can wastewater treatment be considered fully privatized. The mu- nicipality is responsible for providing influent of the specified quantity and composition and for making the re- quired payments. As part of its respon- sibility, the municipality may find it necessary to enact and enforce sewer regulations, including pretreatment re- quirements. In return, the contractor provides a total service, accepting the influent and treating it to meet specified discharge standards. Many municipalities have already recognized the advantages of operation and maintenance contracts. Faced with unexpected operating costs and plagued by effluents that regularly fail to com- ply with discharge permit requirements, these local governments have signed contracts with private operators. These agreements allow the municipality to utilize the expertise of firms experi- enced in operating plants, meeting dis- charge limits and controlling costs. Design and construction The third part of the privatization structure — design and construction — can also benefit the municipality. This can best be described by recalling the typical construction process prior to 1972, which typically took three to five years to design, finance and construct a wastewater treatment facility. With the passage of the Clean Water Act came such additional administra. tive procedures as public participation, interim approvals, environmental im- pact statements, design reviews, and minority business participation require - mems. The process focused on admin. istrative compliance, rather than on costs and clean-up. Under this proce- dure, the development time for a proj- ect typically doubled, ranging from eight to 10 years. If the period of time between concert - tion and start-up is shortened, the capi- tal cost of a project can be reduced by as much as 35 percent. Further capital savings are available by utilizing tax ad- vantages and employing the purchasing techniques common to the private sec- tor. Safeguards needed The necessity for long-term reliability leads to a major concern of the public body which is considering privatizing its wastewater treatment: The plant must be designed and equipped for more than the life of a short contract. Moreover, any contractor who anticipates turning the facility back to the municipality in reen OVER A�QQ YEARS MANUFACTURING EXPERIENCE INTERNATIONAL STANDARDS HIGH QUALITY STEADY PRODUCTION IMMEDIATE DELIVERY *Cun RELIABLE PARTNEn ASRA0UIMICA,S.A. APSC. 153, OVIEOO SPAIN PWI 1851r IN- T.10. 87303 NORTH AMERICAN MARKET American International ChernicVrn—c. 709 WIN eAM1r151 NATICK • Mum 80 PM 18171855.5105 76181:14.8342 Circle No. 29 On Reeder Service Card Privatization is not just an alternative financing technique, it is an alternative management technique. the near future must not be allowed to neglect normal preventive maintenance. Both of these actions would be detri. mental to the public interest, and neces- sitate that the public agency exercise care in contractor selection and vigi- lance in writing the contract and super- vising compliance. The contract must include appropriate penalties — includ- ing conversion to municipal ownership — for performance failures. Another potential area for contractor abuse lies in the rate structure. Once a sewage treatment plant is operational, it is rarely feasible to divert the influent to another plant for treatment. Accord- ingly, the contractor's fee schedule must be realistically determined and subject to rational adjustment. For political reasons alone, it must be in line with fees paid in other communities with comparable situations. The municipality should realize that paying an inadequate fee is advanta- geous only in the short term. A private enterprise that does not make a profit will reduce the quality of its services until it either achieves a satisfactory re- turn on its investment or it goes out of business. The contractor should be pro- tected from unanticipated price con- trols, changes in discharge standards without comparable changes in rates, and similar restrictions on the opera- tor's ability to be fairly compensated for providing appropriate service levels. Dealing with employees Another potential difficulty for the municipality is in the area of employee relations. Some managers in the public works sector may see privatization as an invasion of their turf. Unionized em- ployees may anticipate job eliminations and a reduction in advancement oppor- tunities. Municipal managers should be prepared to counter these problems be- fore they grow to the extent that they threaten an otherwise successful move to privatization. Perhaps the most interesting chal- lenge to a local official is that any dif. ficulties raised by privatization are local problems. Federal and state involve- ment are minimized, and decisions are made at the local level in response to local needs. The municipality retains re- sponsibility for providing wastewater treatment services, but it does so by contracting for the actual work to be done. There are a number of sophisticated specialties involved, including engineer. ing, legal, tax, financial and operations. A community may not possess suffi- cient expertise in all of the involved specialties to bring a project to success. ful operational status, but it should be willing to devote the time and effort necessary to ensure that the consultant or contractor it selects is skilled in these areas. Successful privatization requires a partnership between the city and an ex. perienced, competent contractor. The city's goal is to obtain the service it needs at a total cost lower than it would otherwise spend. The contractor's goal is to make a profit sufficient to ensure its continuing service to the community. Before signing a contract for this long-term partnership, the city should ensure that the firm under considera. lion is qualified to fulfill its share of the responsibilities. Does it have sufficient relevant experience? Does it understand the local needs? Does it have the tech- nical expertise to design, construct and operate a sophisticated plant? Does it have adequate financial resources to fund the operation? Still responsible Unless the private partner is selected carefully, the municipality may find it- self linked to a firm that lacks concern for environmental impacts or the plant's neighbors, even if it is technically com- petent and financially strong. Privati- zation does not relieve local officials of their responsibility for providing their citizens with service that complies with state and federal regulations, protects the public health, and is not dispropor- tionately costly. Privatization is not just an alternative financing technique, it is an alternative management technique for providing a necessary service and complying with federal and state regulations in the most timely, cost-effective and politically ac- ceptable way possible. The three com- ponents of privatization — private fi- nancing, turnkey construction and con- tract operations and maintenance — combine to provide an attractive alter- native to conventional wastewater proj- ects. Several communities have already de. cided to explore this alternative. Cam- den County, New Jersey, recently re- quested proposals for the county's first major sewage privatization project. Nineteen firms responded to the oppor- tunity to design, finance, build, own and operate a 5150 million treatment system. Other communities — such as Orlando, Florida, Chandler, Arizona, and Bayonne, New Jersey — are also reviewing proposals for privatization. In fact, formal privatization discussions are underway between consultants and state or local officials in 20 states. ❑ American City i County/January 1994 011 'IOWA CITY CITY OF f CIVIC CENTER 410 E. WASHINGTON ST. IOWA CRY, IOWA 52240 (319) 356-503O I February 2, 1984 Mr. Mark C. Ackelson Associate Director Iowa Natural Heritage Foundation Insurance Exchange Building Suite 830, 505 Fifth Avenue Des Moines, Iowa 50309 Dear Mr. Ackelson: This letter is in response to your letter of December 23, 1983, to City Clerk Marian Karr. While the land south of Iowa City owned by the Iowa Law School Foundation, is a desirable piece of property, the City is not i interested in purchase at this time. The City already owns other similar wooded properties within the city limits, such as Hickory Hill Park, and also has under long-term lease the Camp Cardinal property. In addition, the City has park land purchase priorities within the City. i There are other local organizations which may be interested in preserving this property, such as the Johnson County Conservation Board, Rural. Route 2, Oxford, c/o Rod Dunlap, Director, and the Johnson County Heritage j Trust, c/o N. William Hines, 12 Hawthorne, Iowa City. Sincerely yours, i Neal Berlin City Manager tp3/9 cc: City Clerk MEMORANDUM TO: City Council FROM: Assistant City Manager RE: Northside Lighting Project DATE: February 3, 1984 (Z�?L Jim Curry, of the University of Iowa Hospital Health Administration, has been working on the Northside Lighting Project for some time. He advises that the final report of Phase I (before installation of additional lighting) will be available in approximately three weeks. His staff is in the process of coding the police complaints for a one-year period after installation of lighting. This should be completed in about six weeks, and the final report will be available in early April. 0 a 9i _._....... ..... _. .Aty of Iowa City MEMORANDUM Date: January 20, 1984 To: City Council Q, �/ From: Bruce A. Knight, Associate Planne' & Re: Disposition of Vacated Alley Rig -of�-Way between Valley Avenue and Lincoln Avenue The attached memo (attachment #1) was previously sent to the City Council in the December 20, 1983, agenda packet in response to a letter (attach- ment #2) sent by Imugene Rohovit questioning the appraised value of certain vacated alley right-of-way as shown on the location map (attach- ment #3). Ms. Rohovit's comments responded to a letter (attachment #4) sent to all property owners adjoining the vacated alley right-of-way notifying them of the fair market value of the alley right-of-way as established by the City's appraiser (#5 per square foot), the date of the public hearing on the disposition to be held by the City Council (October 25, 1983) and the City's policy that adjoining property owners are given first option on the purchase of vacated right-of-way. In addition to Ms. Rohovit's letter, two other property owners responded to the letter. Robert Bender, 'one of the initial applicants for the vacation of the alley, telephoned and indicated concern over the appraised value. Robert and Loretta Montgomery, 20 Valley Avenue (Lot 23), sent a purchase offer (attachment #5) for that portion of the alley adjacent to their property for the appraised value of $5 per square foot. Prior to accepting the above purchase offer, the City Council should respond to the concerns voiced over the appraised value by establishing the minimum amount that is acceptable for the sale of this land to insure uniform treatment of all adjoining property owners. As was noted in the attached memo, staff finds the appraised value to be reasonable and recommends that no lesser amount be accepted. bdw4/3 Attachments 1. December 14, 1983 memo 2. Letter of Imugene Rohovit 3. Location map 4. Letter to property owners 5. Purchase offer a9oz ; City of Iowa City MEMORANDUM Date: December 14, 1983 To: City Council From: Bruce A. Knight, Associate Planner{�j{,{/ Re: Appraised Value of Vacated Alley Right° -of -way Located Between Valley Avenue and Lincoln Avenue On August 16, 1983, the Iowa City City Council vacated the north -south alley right-of-way located between Valley Avenue and Lincoln Avenue. This property was subsequently appraised on October 3, 1983, by william S. Carlson of the Iowa Appraisal s Research Corporation for $20,000, or $5 per square foot. Several of the property owners adjacent to the alley right-of-way have complained that this is an inflated figure and indicated an unwillingness to pay this amount. In the attached letter from Imugene Rohovit, assessed value figures are cited as a comparison with the appraised value. These figures range from approxi- mately $1.70 to $2.70 per square foot, substantially lower than the appraised market value of $5 per square foot. However, this difference is misleading for the following three reasons: 1. In the summer of 1983, Vanguard appraised only commercial properties (which included multi -family dwellings). All the properties cited in the attached letter are classified by the assessor's office as residential uses and were not appraised by Vanguard, but by the City Assessor's office. 2. The assessor's office bases the assessed value on a "front foot" cost of the land. In this area, the residential uses are assessed based on a front foot cost of $250 per foot. The overall assessed value is then based on the depth of the lot e.g. the first 50 feet of depth is assigned 518 of the assessed value, the next 50 feet 348 and the next 50 feet 158. The value per square foot figures cited by Ms. Rohovit were established by dividing the assessed value by the square footage in the lots. Based on the assessor's technique the land area closer to the street would have a higher value per square foot than the land at the rear of the lot. 3. The assessor's valuation of this lard is based on its existing use as a residential property (single family dwelling). The appraiser, on the other hand, established the market value of this property based on its "highest and best use... as if vacant and ready for development..." In this case, the appraiser estimated that the highest and best use would be for assemblage with the adjoining parcels for future -multi-family residential development in accordance with the existing and proposed zoning (which the assessor defines as being commercial property). For multi -family development, added land results in a greater potential -density. a 9� I 2 In conclusion, the assessed values cited in the attached letter are not a good indication of the market value of the subject property in relation to its greatest potential for use. Father, they are a reflection of the existing low density residential uses. Furthermore, the appraisal conducted by Iowa Appraisal & Research Corporation follows an acceptable appraisal technique of establishing market value based on the use of comparable land sales. The transactions used by the appraiser were as follows: Land Area Total Cost Price per Address Date (in Sq. Ft.) (thousands of $) S4. Ft. 34 Lincoln Ave. 5/83 16,090 158 9.82 Highway 6/ 5/83 17,748 100 5.63 Morergo Fd. 35 Lincoln Ave. 9/82 7,388 77.5 10.49 In addition, the appraiser threw out the land values established by the purchase of three properties in the same immediate area which had a sales price per square foot of approximately $12 because "it does not appear that these most recent sales ... can be justified considering the current demand for new units within the area." Based on the above comparable sales, the appraiser arrived at an average land value for the sites adjacent to the subject property of approximately $9 per square foot. The appraiser noted" ... that it may be some time before there is a demand for all the land j adjacent to subject site for some type of multiple family residential development," and therefore took into the consideration the holding ousts which would be involved until the land would be developed and arrived at the $5 per square foot figure. It is the staff's opinion that the appraised value represents a reasonable estimate of the market value of the alley right-of-way. cc: Neal Berlin Don Schmeiser Doug Boothroy bjl/10 07 9z I cScdt ✓q eQa c✓n 5 -A.1 -YO i ` (�/ •w G. il��j�+nst.. �,`�;,Q �7 O rry �l�Y�u d�� /P 1 ' U aq ,�71u t... ecv s . cwt. ✓ac.w °O�OM-U-4�)� CO � ,4��.rQ a c,Or,�w� t. QL,r 31«deti /��z,13d &9xiy7), U rest (.Lnt 3, (.L,u. s�j, �J� v•)e. /.i671ml 7rt ' a?0 2a ARta a,Nxlo, �SO.I �eaON L% GC.,z d/3: y¢O. Gaxiis�w .).71714' o ��,//�., -err 04:w-�1.�.�' few"" , °-,-'A°., u� '`amu' _r%`t„A a 9z i SIT Y CIVIC CEN(ER CSF IOWA CITY 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356 5000 October 20, 1983 Dear Property Owner: At the August 16, 1983, meeting of the Iowa City City Council, an _ ordinance was adopted vacating the north -south alley right-of-way located between Valley Avenue and Lincoln Avenue at the request of Robert J. Bender (25 Lincoln Avenue), A. H. Wharton (19 Lincoln Avenue), Marie Carter (28 Valley Avenue) and L. Montgomery (20 Valley Avenue). This letter is to notify you that the City is now beginning the process of selling this vacated right-of-way. In accordance with the City's standard procedure for the disposition of property, an appraisal report has been completed by a competent independent appraiser to establish the "fair market value" of this property. The appraised value of the property was as follows: 4,040 square feet at $5.00 per square foot = $20,200.00 Rounded to $20,000 The City Council has scheduled a public hearing for October'25, 1983, at 7:30 p.m. in the Civic Center Council Chambers, 410 E. Washington Street, on the disposition of the above parcel for the appraised value. If you are interested in acquiring any portion of this right- of-way, please feel free to appear or submit your comments in writing at the public hearing. Please be advised that it has been the City's policy to give adjoining property owners first option on the purchase of the half of the vacated right-of-way located adjacent to their property. If you have any questions prior to the date of the public hearing, please feel free to contact me at 356-5248. i 3rucere1y, 5 ce A. Knight Associate Planner bj4/5 '9? 5 oz I a9�z 16.0 MEMORANDUM, of Iowa City' MEMORANDUM , Date: January 30, 1984 TO: Neal Berlin From: Anne Carroll Re: City's Role in Job Training Partnership - JTPA � O � Following your request for information about a possible role for the City in the consortium that administers JTPA I met with Bob Ballantine, DTPA Direc- tor. Fran our discussion it appears that it would be possible, directly or indirectly, for the City to obtain representation on one or both of the boards that oversee JTPA. Benefits to the City arising from obtaining representation would include the opportunity to obtain information concerning potential job training projects, such as has recently been arranged with NCS and the ability to vote for projects which are oriented towards the Iowa City area. This involvement may be useful in economic development planning and working with commies interested in relocating or expanding in the Iowa City area. The City workforce would not be eligible for any supplementation from JTPA except, like any other employer, for 508 funding of salaries for newly hired program eligible employees. 1008 public service job slots are no longer available under this program. The boards on which we may be eligible for membership are as follows: LED - Local Elected Officials board. This board is comprised of 13 representatives of the local (county) govern- ment in east central Iowa, as originally constituted. It is responsible for general DTPA policy decisions. Linn County chose to share three of its six slots with the City of Cedar Rapids. If Johnson County was persuaded to follow this model (based on population) two of its three slots would go to Iowa City. Current Johnson County members are Pat White, Don Sehr and Denny Langenberg. Our participation on this board could be accomplished either by working out an arrangement with Johnson County to obtain one or both of their slots, or by indicating to the rM our interest in obtaining membership. The agreement which constituted the LEO expires June 1984 and the board could be. reconstituted or enlarged to include us. PIC - Private Industry Council This board is comprised of 25 members and its responsibilities are more geared towards recommending funding of specific DTPA services, projects, offices, etc. (For example, they recommended retention of a local DTPA office in Iowa City, reviewed the NCS training project, etc.) Twelve of the memberships are reserved for representatives of specific groups or profes- sions, i.e. vocational rehabilitation staff, and 13 are general private sector slots. Johnson County area has three of these slots, currently filled by Jerry Meese from Lenoch & Cilek, a Jerry Rass(?) from Stouffer Seeds, and ag3 z one vacancy. Generally only individuals engaged in private business are eligible to be a member filling one of the 13 private sector slots, however, a Councilmember with that background could also serve. Local Chambers of Commerce are responsible for nominations to fill these vacancies and it may be possible for us to have informal input into the Iowa City Chamber's decision making. Although the City's interests do not seem to have been neglected to date, it does appear that we may benefit from more direct representation on one or both of these boards, especially in assuring that we have full information on all of Fhn nnaaihln nava of .7MA in *hn Tno rihv araa Ardh Aallwn+-ina onn1A City of Iowa City MEMORANDUM =;7 Date: January 30, 1984 To: Neal Berlin Anne Carroll Re: Affirmative Action Goals - FY84 As is required by the City Affirmative Action Policy, attached please find the affirmative action goals established by all City departments for FY84, the record of progress towards goal accomplishment during this period, and the year end Affirmative Action report. overall measures of the City of Iowa City's progress include the following: 1st 2nd F782 FY83 Qtr. Qtr. Applicant Pool 6.78 6.48 6.58 5.98 Minority Representation: Workforce Minority Representation: Permanent Employees 3.88* 4.48 4.88 4.88 Temporary aWloyees 4.18 5.38 4.49 4.48 Combined 3.99 4.69 4.69 4.69 *4th Qtr. FY82 Statistics Iowa City (SMSA) Labor Force 4.19 Minority Representation Minority Representation (Source: 1980 Census) A number of specific measures of individual departments' progress towards achievement of Affirmative Action goals, and a detailed year end report of minority and female representation in City positions follows. The decrease in applicant pool minority representation is attributed to a late seoo d quarter posting which drew a large number of applicants; however, because it occurred during the semester break may not have attracted the expected level of minority group menbers many of wham are students and may have been absent from Iowa City on break. The decrease is expected to be of a temporary nature. nS X17 i I Administration - City Manager and City Clerk Offices, Legal and Human Relations Department i Goal: Administrative Departments will take Affirmative Action in continuing to provide leadership and assistance to all other City departments in furthering their accomplishment of Affirmative Action goals, in the day-to-day operations of the Affirmative Action program, and in fulfillment of the responsibilities specified under the Affirmative Action Policy. First Quarter: Ongoing. Affirmative Action training scheduled for the second quarter. Second Quarter: An Affirmative Action seminar entitled Managing Differences was conducted for administrative employees. Goal: Administrative Departments will continue to provide leadership in praroting the City as an Affirmative Action erloyar. j Ongoing. Goal: Administrative Departments will strive to maintain representation of women and minority group members in professional and administrative positions at levels above those found in the labor market. Ongoing. i Goal: As professional vacancies arise, Affirmative Action will be taken to recruit women and minority group members on a national basis, utilizing minority skills banks where possible. i First Quarter: One half-time Productions Assistant's position occurred and was filled internally by a white male. One Legal Intern's position occurred and was filled by a white male. Second Quarter: No vacancies occurred during this quarter. Goal: As clerical vacancies arise, Administrative Departments will take Afflrmative Action to recruit and hire minority group members into such positions. First Quarter: Two white females were hired through the Mayor's Youth Program and CEIA. Second Quarter: No vacancies occurred during this quarter. Goal: Administrative Departments will take Affirmative Action to employ the physically and mentally handicapped. Ongoing. No hires reported. a9� Affirmative Action Goals - FY84 Page 2 Accounting, Treasury, Purchasing, Word Processing Divisions Goal: The Finance Department will take Affirmative Action to recruit and h ri a minority group members into temporary and entry level permanent clerical positions. First Quarter: No vacancies occurred during this quarter. Second Quarter: One mentally handicapped white female and one mentally handicapped white male were hired through the Wbrk Experience Program. Goal: The Finance Department, working in conjunction with the Human Rela- te s Department, will provide career counseling and skills training to enable current female employees to became interested in and qualify for promotional opportunities. First Quarter: Training scheduled planned for the second quarter. Second Quarter: A seminar entitled Management FX3ucation for Secretaries and Clerical Workers was co�ucted. 0?9 f Affirmative Action Goals - FY84 Page 3 Parking Division Goal: The Parking Systems Division will take Affirmative Action to recruit and hire women, minority group members and the mentally handicapped as temporary and federally funded employees in Maintenance Worker positions. First Quarter: No vacancies occurred during this quarter. Second Quarter Hired: No vacancies occurred during this quarter. Goal: The Parking Systems Division will continue to take Affirmative Action to recruit and hire women and minority group members into entry level positions. Entry level position representation - Cashier, Parking Enforcement Attendant, Maintenance Worker I 1st 2nd Quarter Quarter White Male 158 178 White Female 659 638 Minority Male 109 89 Minority Female 108 138 First Quarter: Temporary Employee Representation - 42.98 white male; 42.98 white female; 14.39 minority female. Second Quarter: Temporary Employee Representation - 1008 white male including a physically handicapped individual. a9�1 ...._...�.._.._. ...........r._..... e.: _�'. ..............:�.a.....:. _::.: :: Win..'... :. n.. :u: :'..:..:'...a.:.... .. Affirmative Action Goals - FY84 Page 4 Equipment Service Division Goal: The Equipment Service Division will take Affirmative Action to recruit and hire women and minority group members as temporary and federally funded employees (CEPA). First Quarter: One white male was hired through the Mayor's Youth Program. Second Quarter: One white female was hired through the Mayor's Youth Program. Goal: The Equipment Service Division will take Affirmative Action to recruit and hire women and minority group members into entry-level mechanic posi- tions. First Quarter: No Mechanic I vacancies occurred during this quarter. Second Quarter: No Mechanic I vacancies occurred during this quarter. I a9�z A Affirmative Action Goals - FY84 Page 5 Parks and Recreation Department Goal: The Parks and Recreation Department, working in conjunction with the Human Relations Department, will take Affirmative Action in recruitment to increase the pool of minority applicants for positions with the Parks and Recreation Department to 68. First Quarter Representation: Permanent - 11.38 Recreation Supervisor/Aquatics - 08 Recreation Supervisor/Sports - 8.98 Two Maintenance Worker I vacancies - 23.18 Temporary - 10.08 Cemetery/Forestry - 15.88 Recreation - 9.48 Second Quarter Applicant Representation: One part-time Recreation Supervisor/SPI and was hired externally by a white male from first quarter applicant pool for Recreation Supervi- sor/Sports. Temporary: 3.38 Cemetery/Forestry - 08 Recreation - 4.28 Goal: The Parks and Recreation Department will take Affirmative Action in Firing to increase the representation of minority group members hired as temporary employees to 58. First Quarter: 4.58 (male and female). Second Quarter: 4.38 (male and female). Goal: The Parks and Recreation Department will take Affirmative Action to recruit and hire increased numbers of women and minority group members for Maintenance Worker positions with a goal of 28 minority group members and 108 female representation. Female Representation WIII/ WI/II Total Maintenance Sr. Main. Wkr. Worker Represent. First Quarter 11.18 11.18 11.18 Second Quarter 11.18 11.18 11.18 Minority Representation There are no minority group members currently employed as Maintenance Workers. No Maintenance Worker vacancies occurred during this quarter. a9z Affirmative Action Goals - FY84 Page 6 Goal: The Parks and Recreation Department will take Affirmative Action to employ the physically and mentally handicapped. First Quarter: One mentally handicapped white female was hired as a temporary employee. second Quarter: Two mentally handicapped white females, one physically handicapped white female, one physically handicapped minority male and two physically handicapped white males were hired as temporary employees. Goal: The parks and Recreation Department will work, through public rela- t o -ns, educational endeavors, and by increasing the public visibility of current women and minority group employees, to promote the entry f en and and minority group members into park and recreation training programs careers. ongoing. a9�l Affirmative Action Goals - FY84 Page 7 Police Department Goal: The Police Department will take Affirmative Action, within the Iowa 2tcomunity and surrounding areas, to vigorously recruit women and minority group members for the position of Police officer, with a goal of 118 female and 5% minority representation. First Quarter: 9.58 Female; 4.88 Minority. second Quarter: 9.5% Female; 4.88 Minority. Goal: The Police Department will take Affirmative Action to provide training opportunities to current minority and female Police officers to enable then to qualify for promotional opportunities. Training is ongoing. Goal: The Police Department will take Affirmative Action to hire minority group members into the position of Clerk/Typist-Front Desk to assist in promoting good relations with the minority community as vacancies arise. First Quarter: No vacancies occurred during this quarter. I Second Quarter: No vacancies occurred during this quarter. Goal: The Police Department will work through public relations, educational efforts and the ride-along program to promote the interest and entry of female and minority group members into the law enforcement field. I i ongoing. Goal: The Police Department will take Affirmative Action to employ the physically and mentally handicapped in clerical support areas as vacancies arise. ongoing. a9�l Affirmative Action Goals - FY84 Page 8 i Fire Department r Goal: As Firefighter vacancies arise, the Fire Department will continue to assist in a vigorous recruitment campaign to encourage applications from women and minority group members. vacancies are currently being filled from the existing Civil Service lists established following a vigorous recruitment campaign in Spring, 1983. i I Goal: Prior to the employment of a woman or minority group member as a jFirefighter, a training session for all department employees will be plannetd t and conducted which will provide a forum for discussion of Affirmative Action jissues. Goal: Prior to the employment of a woman or minority group member as a Birefighter, special training sessions will be conducted by the Human Relations Department with all Fire Department came d staff, to acquaint them with their special Affirmative Action responsibilities. m women or minority group members are eligible for hire in the immediate j future. During the second quarter, Carl Holmes, formerly Deputy Fire ii Chief for Oklahoma City and one of the highest ranking black officers in the nation, conducted 2-1/2 days of supervisory training for all Iowa City fire officers with same of the firefighters also in attendance. During the training the role of women and minority group members in the fire I service was addressed. i lq9W i ■ F Affirmative Action Goals - FY84 Page 9 Public Works Department Engineering Division Goal: The Engineering Division will take Affirmative Action to recruit and Ere minority group members into Engineering Technician positions, as vacancies may arise. First Quarter: No vacancies occurred during this quarter. Second Quarter: No vacancies occurred during this quarter. Goal: The Engineering Division will take Affirmative Action to recruit and hire one woman or minority group member into a summer tenporary position if vacancies arise which are not filled by returning employees during FY84. First Quarter: One white male was hired as an Engineering Intern. Second Quarter: No vacancies occurred during this quarter. Water Division Goal: The Water Division will continue to take Affirmative Action to Main or exceed 208 female representation in Assistant Treatment Plant Operator and Treatment Plant Operator positions. First Quarter: 258 Female Representation. Second Quarter: 258 Female. Representation. Goal: The Water Division will take Affirmative Action to recruit and hire waren and minority group members into Maintenance Worker I and II positions and Assistant Treatment Plant Operator as vacancies arise. First Quarter: Two Maintenance Worker I vacancies occurred and were filled internally by one white male and one white female. Second Quarter: One Maintenance Worker II vacancy occurred and was filled internally by a white female. Pollution Control Goal: The Pollution Control Division will take Affirmative Action to recruit' a:Tr hire women and minority group members into Maintenance Worker II, Assistant Treatment Plant Operator, and Treatment Plant Operator positions as vacancies arise, with a goal of 108 female or minority group representation. First Quarter: 08 Female; 3.1.1% Minority. No vacancies occurred. Second Quarter: 08 Female; 11.18 Minority. No vacancies occurred. o? 9�1' Affirmative Action Go -0- - FY84 Page 10 Goal: The Pollution Control Division will take Affirmative Action to recruit wcxnen and minority group members into part-time Laboratory Technician positions as vacancies arise. First Quarter: One Laboratory Technician vacancy occurred and was filled by a white male. Representation: 508 minority male and 508 white male. Second Quarter: No vacancies occurred during this quarter. Representa- tion: 508 minority male and 508 white male. Streets/Sanitation Goal: The Streets/Sanitation Division will take Affirmative Action to recruit and hire women and minority group members as temporary employees with a goal of 58 female and 58 minority group representation. First Quarter: Three white males were hired through CEPA and one white male and one minority male were hired as temporary employees. 'total Temporary Employee Representation: 808 white male, 208 minority male. Second Quarter: No vacancies occurred during this quarter. No tempo- raries currently employed. Goal: The Sanitation Division will take Affirmative Action to continue to h—mentally handicapped employees under federally funded programs. First Quarter: Two mentally handicapped white males were hired through the Mayor's Youth Program. Second Quarter: No vacancies occurred during this quarter. Goal: The Streets/Sanitation Division will continue to provide training and career counseling to current minority and female employees to enable them to qualify for promotional opportunities. First Quarter: Ongoing. Traffic Engineering Goal: The Traffic Engineering Division will take Affirmative Action to recruit and hire female or minority group members into Maintenance Worker II positions, as vacancies arise. First Quarter: No vacancies occurred during this quarter. Second Quarter: No vacancies occurred during this quarter. ....._....._.... _.. Affirmative Action Go"s - FY84 Page 11 Transit Division Goal: The Transit Division will strive to maintain a position of leadership in the utilization of women and minority group members as Transit Drivers and Maintenance Workers. Transit Driver: 1st 2nd Quarter Quarter White Male 69.68 65.28 White Female 17.48 19.68 Minority Male 10.98 13.08 Minority Female 2.28 2.28 Goal: The Transit Division will take Affirmative Action to recruit, hire and retain woman and the handicapped as night crew maintenance workers. Race/Sex of 1st 2:d MWI & II Quarter Quarter White Male 1008 1008 White Female 08 08 Minority Male 08 08 Minority Female 08 08 First Quarter: One white male was hired as a temporary on the night maintenance crew. No report of handicapped status among current employees. second Quarter: One minority male was hired as a temporary maintenance aide through the Mayor's Youth Program. No report of handicapped status among current employees. Goal: The Transit Division will continue to take Affirmative Action to serve tFe—public courteously and efficiently without regard to race, creed, Color, sex, ancestry, religion, age, sexual orientation, marital status, mental or physical handicap or disability. Affirmative Action Go.,cs - FY84 Page 12 Planning and Program Development DeParhnent Goal: The Planning and Program Development Department will take Affirmative IEEE= t provide internship opportunities to waren and minority group members with a goal of 308 female representation and 58 minority representation. Intern Representation: 1st 2nd Quarter Quarter white Male 16.78 16.78 white Female 50.08 50.08 Minority Male 16.78 16.78 Minority Female 16.78 16.78 6 interns 6 interns cloyed employed Coal: As vacancies arise, the Planning and Program Development Department w—take Affirmative Action to recruit women and minority group members for Associate Planner, Sr. Planner and Coordinator positions on a national basis, utilizing minority skills banks where possible. First Quarter: No vacancies occurred during this quarter. Second Quarter: No vacancies occurred during this quarter. Goal: The Planning and Program Development Department will continue to provide career counseling and training including attendance of workshops, seminars and University courses to enable current female employees to quality for promotional opportunities. First Quarter: Ongoing. 97r Affirmative Action Go�.i - FY84 Page 13 Housing & Inspection Services Department Goal: The Housing & inspection Services Department will take Affirmative Action to recruit and hire qualified minority group members into positions as Housing or Building Inspectors, as vacancies arise. First Quarter: No vacancies occurred during this quarter. Second Quarter: No vacancies occurred during this quarter. Goal: The Housing & inspection Services Department will take Affirmative Action to recruit and hire minority group members into clerical and parapro- fessional assistant positions in the Housing Division. First Quarter: One clerical vacancy occurred and was filled internally by a white female. second Quarter: No vacancies occurred during this quarter. Goal: The Housing & Inspection Services Department will continue to encour- age the professional development of female paraprofessional and technical employees through attendance of workshops, seminars and University of Iowa courses to enable then to qualify for promotional opportunities. ongoing. on-the-job training and external training seminars are provided. Goal: The Housing & Inspection Services Department will take Affirmative Accton to employ the physically or mentally handicapped and minority group members in temporary or contractual positions. First Quarter: No hires reported. Second Quarter: one permanent part-time Maintenance Worker I position was added and filled by a white male. Goal: The Leased Housing Division will continue to maintain offices and public housing facilities which are accessible to potential handicapped employees and members of the public. ongoing. � 9� Affirmative Action Goal§ - FY84 Page 14 Senior Center Goal: The Senior Center will continue to encourage the professional develop- ment of current female professional staff through attendance of workshops, seminars, and University of Iowa courses. ongoing. I Goal: The Senior Center will take Affirmative Action to recruit and hire members of protected age categories into temporary and permanent clerical positions. First Quarter: No vacancies occurred during this quarter. Second Quarter: No vacancies occurred during this quarter. Goal: The Senior Center will take Affirmative Action to recruit and hire fenal.es, minority members and the mentally handicapped into temporary positions. First Quarter: No vacancies occurred during this quarter. Second Quarter: Two mentally handicapped white females were hired through the Mayor's Youth Program. Goal: The Senior Center will take Affirmative Action to provide members of protected age categories with meaningful volunteer employment opportunities that would provide training for permanent employment. First Quarter: Eight white females and two white males between the ages of 40 and 70 were employed this quarter. Second Quarter: Six white females and one white male between the age of 40 and 70 were employed this quarter. � 95� ;I _........ ..__.____......., Affirmative Action Goals - FY84 Page 15 Library Goal: The Iowa City Public Library will take Affirmative Action to increase the representation of minority group members on the library staff. i Ongoing. Goal: As professional vacancies arise, Affirmative Action will be taken to recruit minority group members on a national basis. First Quarter: No professional vacancies occurred during this quarter. second Quarter: No professional vacancies occurred during this quarter. Goal: As clerical and para -professional vacancies arise, the library arO nistrative staff will take Affirmative Action to recruit and hire minority group members into such positions. First Quarter: 1008 white males and females were hired into Library Clerk positions. i Second Quarter: No vacancies occurred during this quarter. Goal: Because of the frequency of transfer and recruitments fran temporary and volunteer jobs to permanent positions, the Library will make special efforts to recruit and hire minority group members into these positions. i First Quarter: 1008 white males and females were hired into temporary positions. Second Quarter: 1008 white females were hired into temporary and volun- teer positions. Goal: The Library will take Affirmative Action to employ the physically and mentally handicapped. First Quarter: Four mentally handicapped persons and two physically handicapped persons were hired as volunteers. Second Quarter: one physically handicapped person was hired as a volun- teer. 1;? 9Z41 aaty of Iowa City MEMORANDUM Date: February 3, 1984 To: Neal Berlin and City Council From: Chuck Schmadeke Re: Iowa City Landfill - Leachate Problem On January 20, 1984, the Iowa Department of Water, Air and Waste Manage- ment issued an administrative order requiring the City of Iowa City to submit to the department a plan which includes a schedule for a full-scale evaluation of the leachate problem at the Iowa City landfill and remedial measures to eliminate or otherwise control leachate from the landfill. In addition, the order describes, from the department's per- spective; a history of the leachate problem since landfilling operations began in 1972. A copy of the administrative order is attached. The City may file a notice of appeal to the Water, Air and Waste Manage- ment Commission within 30 days of receipt of the order. The Public Works Department does not concur with many of the comments made in the administrative order since the City has complied with all rules and regulations of the department relative to the operation of a sanitary landfill. However, the Public Works Department and the City's legal staff do not feel it is advisable to appeal the administrative order since the only re- quirements are that the City comply with State water .quality standards, which the City is required to do in any event, and develop a plan of action for State review. Within the next two weeks, Public Works will be sending out requests for proposals from various engineering firms with expertise in leachate control and treatment. It is hoped that a solution to the leachate problem will be determined by mid summer and work completed by the end of the 1984 construction season. bdw/sp IR IS- A IOWA DEPARTMENT OF WATER, AIR AND WASTE MANAGEMENT ADMINISTRATIVE ORDER IN THE MATTER OF: Order No. 89 -LQ -01 CITY OF IOWA CITY 84 -WW -01 Sanitary Disposal Project Permit No. 52 -SDP -1-72P To: City of Iowa City c/o Richard J. Boyle Assistant City Attorney 410 E. Washington St. Iowa City, Iowa 52240 Pursuant to Iowa Code sections 455B.175(1) and 455B.307(2) you are hereby notified that the Executive Director of the Iowa Department of Water, Air and Waste Management has determined that: A. The City of Iowa City owns and operates a sani- tary disposal project (landfill) located in Sec. 14, -� T79N, R7W, Johnson County, Iowa, and holds Permit No. 52 -SDP -1-72P for the operation of said facility. B. Pursuant to original plans and amendments to i plans, as incorporated in the permit, the City has disposed of solid waste at this landfill in segments, �I or cells, since 1972. The filling of cells is progressing in a generally north to south direction, beginning at the far north section of the approved landfill site. The cells are labelled FY72-FY96 in the approved plans. C. In 1976, department staff noted that leachate had surfaced in the area of the initial stages of the land- MPM:trr/LSQ361D05.01 - .03 a 9-s fill, east of cells FY72 and FY73, and was flowing toward surface water. Leachate, as defined in 900--100.2(455B), Iowa Administrative Code (I.A.C.), is fluid that has percolated through solid waste (the filled area) and which contains contaminants from said wastes. Landfills are to be designed and operated so as to obviate predictable lateral movement of signifi— cant quantities of leachate from the site to surface waters or aquifers, among other things. 900--103.2(1)"i". If significant leachate is detected, a permit holder is required to submit a plan for controlling and treating the leachate, and to implement the plan upon approval by the department. 900--103.2(2)"n". The City did adequately control leachate through 1980. D. In January 1981, department staff noted a signi= ficant amount of leachate was breaching the berm of the fill area of FY73 in diverse spots, referred to as "boils", and was flowing into neighboring farm ground. The department requested that the City submit a leachate control plan by May 1, 1981. Sampling con— ducted by department staff in March 1981 indicated that leachate was reaching surface waters but at that time was not having an adverse impact on the unnamed creek flowing in the immediate vicinity to the east of the landfill. I E. The City submitted a leachate control plan in April 1981 as required. The plan consisted of the addition of soils to the area where the leachate sur- faced and construction of a berm. This plan was approved by the department and was implemented by the City in the fall of 1981. F. During an inspection on September 15, 1982, Region 6 staff observed that leachate was again sur- facing and had collected' behind the berm to the extent that it was overflowing it. Region 6 recommended that the soils be repacked and if that didn't work, another leachate control plan should be submitted. The City did repack the area. G. The facility was again inspected on April 5, 1983, and leachate had again surfaced and was overflowing the berm. Samples were taken of the leachate stream and of the receiving water of the state, and analyzed for organic content and metals. The leachate overflowing the berm had a very high orga- nic content (81000 mg/l BODS and 11,100 mg/l COD) and only slightly elevated metals content. This overflow was diluted to about one-tenth of these levels by diverse surface water drainage in the area, but still raised the receiving stream level to 160 mg/l BODS. The City was requested to submit a new plan by June 1, 1983. 0 a95_ H. On May 26, 1983, the City submitted a new control plan, consisting of the construction of a perforated, subsurface tile line to collect leachate, connected to a solid tile line leading to a lagoon. The collected leachate was to be hauled to the City's wastewater treatment plant for treatment and disposal; disposal in the working face of the active fill area was proposed as an alternative. The department approved most of this plan but commented that it would be desirable to locate and eliminate or minimize the cause of this high volume leachate production. The City's permit was amended in accordance with this proposal, except that land application of the collected leachate upon completed areas of the landfill was authorized as an alternative. The collection system was completed during August, 1983. I. The lagoon began filling up more rapidly than expected and late in August, 1983 the City verbally requested permission to construct a second lagoon. They were given permission to do so. On September 17, 1983, Region 6 staff visited the site and observed the first lagoon. It had about 3' or treepoara. wne second lagoon had not been completed due to wet weather. On September 20, 1983, Region 6 staff again observed the site. The first lagoon had 4' of freeboard. Stains on the inner embankments indicated that it had recently been at the 2' freeboard level. A MPM:trr/LSQ361D05.01 - .03 a 9s ^1 pump was sitting on the top of the lagoon dike, with a 2" intake hose into the lagoon and a 2" outlet hose directly into the receiving stream. The lagoon had obviously been drawn down 2' (about 70,000 to 80,000 gallons) by discharge into the stream. Foam and stains were observed downstream from the outlet. hose. Iowa Code section 955B.186 prohibits the discharge of pollu- tants into waters of the state, except for adequately treated pollutants discharged in accordance with a per- mit from this department. City representatives had been specifically told in early September that discharge without a permit was prohibited, and the landfill permit did not allow this method of disposal. J. On September 27, 1983, the department notified the City that additional information was needed with respect to the City's plan for disposal of collected leachate. In October -1983, the City notified the department that the lagoon system was still filling up at a rate that was too much to handle by previously approved plans. Department staff verbally concurred that if the lagoons were in danger of overflowing, such that the whole dike might wash out, it would be better to plug the tile line to prevent additional leachate from reaching the lagoons. This was thought to be a stop gap measure while the City promptly developed another plan. The City's engineer indicated that the liquid level in the fill area had been lowered to about IR9S 4' below the surface. Thus by plugging the tile line, leachate outflow should have been minimized for a short period of time until the liquid level built up again and began flowing out in the manner it did before the tile and lagoon system was constructed. K. On November 18, 1983, Region 6 staff again inspected the site. The City had indeed cut the tile line and stopped the flow to the lagoons. However, the City had not eliminated the flow of leachate in the upper portion of the tile system. Leachate was flowing directly out of the tile line into the stream, at that time. On November 22, 1983, Region 6 staff took water samples in the area. The path of leachate from the tile line had an organic content of 17,000 mg/1 BOD5 and 26,000 mg/1 COD. This raised the stream to 2,600 mg/1 BOD5 and 4,000 mg/1 COD in the vicinity of the landfill, and the stream had a level of 320 mg/1 BOD5 about a mile downstream, which is above the level of raw domestic sewage. Samples taken on December 21, 1983, indicated a leachate concentration of 18,000 mg/1 BOD5, and raised the stream concentration to 1,300 mg/l BOD5. The City has still not submitted a full control plan, and as of December 28, 1983, leachate was still flowing unabated from the tile line to the stream. On or about that date the City plugged the upper portion of the tile line and reportedly reduced the flow of leachate to 6 gallons per hour. e a9S ................. Therefore, the City of Iowa City is ordered to comply with the following provisions in order to cease further violations of Iowa Code section 455B.186, rule 900--103.2(2)"n", and Sanitary Disposal Project Permit No. 52 -SDP -1-72P. 1. The City shall immediately and hereafter cease the discharge of leachate from the landfill site into waters of the state. Discharge from the lagoons or tile line are absolutely prohibited, unless adequate itreatment is provided and a written permit is issued by this agency. Uncontrollable "boils" of leachate from the landfill area shall not constitute a violation of i this provision, as long as the City complies with the provisions for remedial measures specified below. 2. The City shall develop and implement a short-term plan for collection, storage and appropriate disposal of leachate, by February 1, 1984. Collection and storage may include the existing tile and lagoon system. Storage may temporarily include the sludge storage lagoons on site. Other methods of collection or storage must first be approved by the department. i Disposal may include treatment and discharge of such .','mounts through the municipal sewage treatment works as that system may effectively handle within its discharge permit, or land application consistent with the cri- teria in 900--121, I.A.C. Other methods of disposal must receive prior approval from the department. �9S 3. By April 1, 1984, the City shall submit a plan which includes events and a schedule for full-scale evaluation of the leachate problem and remedial measures to eliminate or otherwise control leachate from the landfill site. If the plan does not propose to locate and eliminate the cause of the excessive leachate production, the plan shall include development of a full-scale waste management plan, more precisely identifying the volume.. and characteristics of the wastes, the disposal alternative or alternatives, and the adequacy of the equipment and personnel to dispose of the material in accordance with the rules of the department. This order will be amended to include a schedule for evaluation, and later amended to include a schedule for implementation of remedial measures. The issuance of this order shall not be considered an election of remedies, and the department reserves any other remedy it may have, including an action for penalties, for the prohibited discharges to the waters of the state. The City of Iowa City, may, pursuant to Iowa Code sections 455B.175 and 455B.308 file a Notice of Appeal to the Water, Air and Waste Management Commission within 30 days of receipt of this Order. The Notice of Appeal should be filed with the Executive Director of the Department of Water, Air and Waste Management. A a9s contested case hearing will then be commenced pursuant to Iowa Code Chapter 17A. Any questions regarding this Order should be directed to: Michael Murphy Legal Services Iowa Department of Water, Air and Waste Management Henry A. Wallace Building 900 East Grand Avenue - Des Moines, Iowa 50319 (Phone: 515/281-8891) 4th. Dated this a0 — day of January, 1984, at Des Moines, Iowa. Stephen W7 Ballou Executive Director C J i department of water, air and waste management CERTIFIED MAIL January 23, 1984 Richard J. Boyle Assistant City Attorney Civic Center, 410 E. Washington St. Iowa City, Iowa 52240 RE: Iowa City Landfill A Dear Mr. Boyle: Enclosed please find the final administrative order which in part incorporates your comments of January 11, and events or discussions that occurred after the first draft. This letter is in further response to your letter of January 11. 1. (a) - concur (b) - concur (c) - We have no indication that leachate was reaching surface waters prior to 1981. We first noticed a small flow of leachate in April of 1976, which was brought to the City's attention and promptly rectified. No leachate was detected by our department during inspections in January 1977 and March 1978. A small amount of leachate was observed along the eastern fill area during an April 1979 inspection. 2. The term "significant amount of leachate" has not been precisely quantified, but when leachate is surfacing to the extent it leaves the landfill property or reaches surface waters it is certainly significant. The January 1981 inspection noted a reddish colored leachate breaching the landfill berm and leaving a reddish brown trail onto neighboring farmland, and also noted extreme readings in the closest monitoring well (COD = 24,900 mg/1; pH = 6.15). The readings from the March 1981 sampling are attached. 1 cup/acre/minute is not a meaningful measurement. As I understand our conversations at the January 4, 1984 meeting, this figure is derived by using the acreage of the entire landfill area rather than the immediate area. 5 gal./min. is 7,200 gallons per day and when one is dealing with wastes as strong as this leachate, that is significant. MPM:blb/LSM018D03.01 RECEIVED JAN21r 1984 henry g. wallgce building •900 oast grand •des moines, iowg 50319 • 515/281.86 �EGAL DEPARTMENT: GM Richard J. Boyle Assistant City Attorney Iowa City, Iowa January 23, 1984 Page 2 i 3. The readings are attached. 4. See n2 above. 5. Yes, there was a prior absence of foam and stains downstream. Of course, the statute says that discharge without a permit is prohi- bited. One would expect that people who work in a public works department would be especially aware of this. In any event, City representatives did ask about discharge during the period that the first lagoon was getting full and the second lagoon had not been constructed yet, and were told that a permit or specific permission from the department would be required. Mr. Holderness, Mr. Holm and Lavoy Haage were involved in these conversations. 6. We concur with the first revision suggested. Mr. Farmer's letter to John Holm, dated October 31, 1983, documents our understanding that the plugging of the tile line would temporarily restore the situation to that which existed prior to the tile and lagoon system being constructed, with a "storage reservoir" being provided until a solution was arrived at. Mr. Schmadeke's letter of December 13, i 1983, also documents this understanding. We feel the last sentence is accurate as stated. As explained below, the leachate did then flow out but not in the manner prior to the tile line and lagoon system being constructed. 7. (a) Our observations in November and December 1983 were that the upper portion of the cut tile line was actually brought up to the ground surface and leachate was spewing out of the tile line. Perhaps this was or was not the understanding of higher public works officials, but we do know that the on-site landfill personnel had been instructed not to talk to our staff about this situation. We felt then and continue to feel that this situation was just as culpable as the prior direct pumping of the leachate from the lagoon, and was contrary to what we had previously been led to believe -- that the tile line would be plugged to restore the area to the condition before it had been built, with leachate being tem- porarily stored below ground. (b) The locations of water samples and leachate path are stated in the inspection report transmitted on December 16, 1983. (c) As stated in the above report, there is a drainageway north of the internal access road, roughly parallel to the leachate flow which ran through the ditch on the south side of that road. Sampling (lab number 3-18867) indicated that this drainageway was MPM:blb/LSM018DO3.01 �qS j Richard J. Boyle. Assistant City Attorney IIowa City, Iowa January 23, 1984 Page 3 somewhat contaminated, presumably from past or continuing boils of leachate in this area. The stream above the confluence with this drainageway (lab number 3-18866) was uncontaminated in terms of the organic measures identified as being of concern with this par- ticular waste (BOD < 1 mg/l; COD = 8 mg/1). The stream after confluence with the drainageway was relatively uncontaminated (lab number 3-18868 - BOD 10; COD 20). (d) "Sewage" is defined in Iowa Code section 455B.171(1). Raw sewage is untreated sewage and normally has an organic content measured"in terms,pf B005 of about 200 mg/l. (e) Region 6 staff stopped by the facility on the morning of December 28 and observed the scene to be unchanged. 8. I have inserted "February 1, 1984" in place of January 16, 1984. We have reviewed the submittal of January 13, 1984, from Mr. Schmadeke and our comments are being transmitted by separate letter. 9. I have revised paragraph 3 in accordance with our discussions. Please contact me if you have any questions. Sincerely, LEGAL SERVICES DIVISION Michael Compliance Officer MPM:blb/LSM018D03.01 cc: Region 6 0 a? 9S r V 4ti MEMO A leachate problem was observed at the base of the berm in area FY73 - 74 in a i i/ J/ landfill inspection. The present investigation wa conducted to assess the leachate problem in an attempt to determine if leachate containment cleanup procedures should be enacted. A meeting was conducted with the above mentioned city officials advising them of the current departmental concerns. The city officials stated that leachate control plans have been completed. They are currently waiting land acquisition; from the adjacent land owner, Roger Hurt. They expect the leachate control constructin to be completed by June - July 1981. Mr. Farmer and Mr. Wordelman accompanied the writer to the landfill for sample collection and on-site discussion of the problem. Samples were collected from monitoring well YT -B, leachate pool, plus three creek samples, the main creek, approx. 1000 ft. east of the leachate discharge upstream and downstream, plus the drainage creek carrying the leachate flow. These samples werecosent to UHL in Des Moines for analysis. OBSERVATIONS Leachate was observed exiting the base of the FY 73 - 74 berm. Leachate was not observed flowing, however, a 20 - 30 ft. reddish -brown strip at the base of the berm at the boundary fence between the landfill and the adjacent land owner, Roger Hurt, was observed with very stagnant leachate pools collecting depression areas. The reddish -brown leachate trail followed natural drainage on Mr. Hart's agricultural property, picking up addition surface water flow, discharging into the drainage creek bordering the landfill's eastern edge. The monitoring well sample and leachate pool sample contalnbd a typical '9V-5- 4A 99S I - Z - landfill leachate odor. All three creek samples were clear in color. General dry winter conditions prevailed at the time of the sampling. There i had been no recent r4ains or evidence of snow melt. REC0MMMATIONS Prior to construction of leachate control facilities, it is recommended that surface eroded areas be corrected in FY 73 - 74 area minimizing any water migration into this area, increasing leachate exiting the berm base. Measures to acquire the adjacent land from Mr. Hurt should definitely be made in an effort to quickly expedite this matter. c 4139S I 1(Ir lou V�•:J71,' pW,� WATER QUALITY REPORT HAG WALLACE BUILDIINc•Des Moines Branch 1 DES MOINES, IOWA 50319 Town I Iowa City Iowa City Source Landfill landfill Specific Location Monitoring well Pt -B Leachate pool Date Collec Date Receiv Collection'I pH Tcmperaturt Dissolved Or Fecal Coifoi Conductance SIB (3s pH (units) Alkalinity: I NITROGEN: ?titrate as RESIDUE: T F V Filtrable F Nonfiltrab Settleable Na Dissolved Ox) BOD 90 Grease or Oil Total Hardnes Calcium (Cat' Mag esium (M Chloride (C17 Sulfate (SO4 Cyanide COLLECTOR APR 10 1981 COLL::CTuR Steve Iloambrecker WJ.HAUSLER,JR.,Ph.D. DIRECTOR �9s WATER QUALITY ' REPORT HYGIENIC LABORATORY, Des Moines Branch H.A. WALLACE BUI LDING DES MOINES, IOWA 50319 ruwn Source Iowa City LandfillIowa Ionia Cit City Landfill SpcdrrcLocation •' Upstream creek .;, Landfill Combined downstream Contaminated creek creek Due Collected 3/11/81 3/11/81 Date Received 3/12/81 3/12/81 3/11/81 tt Number 5261 .3/12/81 5262 Collection Time FIELD DATA PH I • Temperature Dissolved Oxv en -Fecal Colifor O BACTERIOLOGICAL EXA,1i1NAT10N Conductance (micromhos) i SffiA^ ra: •'� CHEMICAL ANALYSIS (as mg/I unless designated otherwise) I I � PH (units) Alkalinity: P 7.9 j 7.9 NITROGEN: Organic N Ammonia N Nitrite N w' 0.11. 0.11 0.10 Nitrate N Nitrate as NO 2.1 RESIDUE: Total Fixed Volatile FBUable Residue.T , . ,;;......; _ F V ' Nonfiltrable Residue T F i V Setflea61e Vatter ml I ?HOSPHATE: Filtrable P Dissolved Oxygen BOD I tl <1 3 Crease or Oil 7.9 7' 9 16 Total Hardness (as CaCOs) Calcium (Ca`*) Van e' •,Chloride (C17 30^ —=. 25 :••Sulrate(SO4'7 ;•., 55 29. 24 APR 10 1981 COLL::CTuR Steve Iloambrecker WJ.HAUSLER,JR.,Ph.D. DIRECTOR �9s ':LATER QUALITY REPORT _ METALS The Un.,.,gay of If. a15:2a13771 Town Iowa City Iowa City 0.31 Source Landfill Landfill Specific Location Monitoring well Pt -B Leachate pool .Da;e Collected3/11/61 .:.Chromium, Total ; f :ed';; 3/11/81 0.15• .,Date Received . : ,., 3/12/81 3/12/81 Copper��I�l Lab Number 5263 5264 C METALS ANALYSIS las mgt Arsenic 0.31 Barium 3.8 Cadmium 0,04 .:.Chromium, Total ; f :ed';; ;:;'c'1 0.15• -Chromium, Hexavalent �' Copper��I�l 0.38 Lead C 0.23 Mercury �.� ; <i 'C _ <0.001 Nickel ^i '.0.6 Selenium 7 'Silver'.io t{:r r. i,� I�•lh tr!^ .A.. .. •:4J . 0:03' Zinc 8.3 I unless designated otherwise) 0.07 3.2 0.03 0.01 0.04 ` <0r05 <0.001 0.2 0.02 0.12 I REMARKS: Results reported as total metals I :COLLECTOR .'Steve Hoambrecker.::. '•' ;' ' Date Reported REPORT TO .,.• DEQ Region 6 Washington, Iowa W.J. Harslet Jr., Ph.D. Director \ • I y 1, 11:../ � .. i.4, .'' •i 1. r� '••.' i Ali.' :• • .. ' 11 gin.. ,�'•:. :�.,:I y1,{• ta., '+r t` .• ' , 1/J X11 l.f,,. { ''+ T�t.I �''' .' •. •. .tet , �c..,�._{.,c..e.p, n• r � / �a +rtt ' \ , • + /.' °l, 4♦,.'�n�r,-T.y,�4 �t}l.i J• L.hy{J/T •�-G-+I?}} A:t, `.rr ,]•. L.:/ti '•,• ''� •'•T :/ •! .•\,•r'+r7.1 h�n'1 .t,1 ^'a ♦ ♦.. ,`�i .. ,1..y ^r +'�y�.y,r'J1,]. li,� \w -, r`\.�.,n'�..y .�\Nr ,. .�.. _ � '{ -� 7l ria,_^ �V,,• �;•"-.,.. , >" 0.��tptiw.1,: '%� )M\`1n vi v~�\+ 1 ", w•i, k, e\.. + . ��,•.a;'°r'iLY�t� i;,,,.. .n.rr� ve�ri?t:?i �t '.2 y, t y, +ti_ � N -71%y T .1�wyi,r4 :i^,.4.•r Y}�y.I f :•y ro:: ��'•.,\,�•. V`u.t\..x ry. � ..a'' r �. JY.w\���:✓G•/:?..t�•a1•/Kr,lrit.•��R.: �. `�" �'r �i:�."7� i..)%v/.Nr'� t.'':.::r•1.r1✓!v!•,'.f�:T f Y -M!' \ .. rwY.rn/ah/G'/'N , .,.0-r ,•.-•"r.. o ,.•'_ w'.'.:].rr:K.:JI+'�. 0 A 41ATER QUALITY REPORT HYGZOC Ucu ,.iATOR Y, Des Moines Branch H.A. WALLACE BUILDING DES MOINES, IOWA 50319 ,n Jo(lnson-Co. Landfill Johnson Go. Landfill'. Johnson Co. Landfill ,crctLeachate runoff Runoff drainageway Stream N. of tributary ;+tcicLocation below dan, pt. 1 ' tributary to stream, pt. 2 50', pt. 3 Date Collected 14/06/83 '. 4/06/83 4/06/83 ' Da:a Rcccived ' 4/07/83 4/07/83 4/07/83 t,h her 3-12098 3-12099 1 3-12100 Colleciian Time 8;00 am. FIELD DATA 8:30 am 8:45 am pli oF. ':tm�trature 40 40oF 40o F , 7iAJ.Ptd G%Mien I C...., Cc li fvr 1. 00 1 BACTERIOLOGICAL EXAMINATION Coe,:::ctance (mieromhos) CHEMICAL ANALYSIS (as milli unless designated otherwise) \" AS bs LASI ?l: asi A a..nity: P I T I N: T ROGEN: Organic N Ammonia N Nitrite N Nitrate N \:::ate as. - I RES:DUE: Total Fixed Volatile I =i:i:aoia Residue T F V Nontiltrable Residue T y _ Filuable Pi r .t• P� j - ,aw.vea Oxygen I' J: 8,000 I 1 i l , 900 1190 4 i G .:dness(as CaCOs) I ;o r. .. n w a, U, L T • I I�JT � O .-t 1 rlL �.AAAJ: HYGIENIC LA •ORAiGV, Das Moines Brnch NlAiER QUALITY REPORT N.A.WALLACE BUILDING DES MOINIES, IOWA 50319 Xo:.: laic Residue T F _ V I c"i4rable ? J�so.xt:Osyger. � I 160 I �' I o: Oil ...-....:Qness (as OaCO)) -�w ♦... e:.Le %ci l .(s::i,R:�$: 48;i ti na W.1.IIAUSI. R,1R.,Ph.D. 4"M I Johnson Co. Lanarill t Stream 75' S. of ee ,aci:icLocation• tributary, pt. 4 Da:cCollec:ed 4/06/83 D.:tc Rcccivcd ' 4/07/83 3-12101 FIELD DATA uJeu:ion Tir..e 19:00 am 400F 1 Tec:?er:tu[c TO )issii d 3xveen BACTERIOLOGICAL EXAMINAT ION Feeai 0liior Mom! i CHEMICAL ANALYSIS (as mg!! unless designated othertvi5e) WM:.,;,ut(micrornhos) •. , .MB Stas LA I . \:.:OGEN: O: ganic N Am^onia N i .. Nitrite N \itrateN - .:.:J:)uc: 70121 I scd i Vo:atrle Residue T g I I V I Xo:.: laic Residue T F _ V I c"i4rable ? J�so.xt:Osyger. � I 160 I �' I o: Oil ...-....:Qness (as OaCO)) -�w ♦... e:.Le %ci l .(s::i,R:�$: 48;i ti na W.1.IIAUSI. R,1R.,Ph.D. 4"M �. 1 - .. .. �........ ..-. _.. � 515:24 i•3371 �•' .- , VITALS fill Johnson Co. Landfill Johnson Co. Landfill StreamJohnsonNCoofLtributary hate runoff below Lributaoff ryatoastream,50', pt, 3 ,tic 7—T , Pt. 1 ' pt, 2 3 4/06/83. 4/06/83 ac [cd 4/06/8 4/07/83 4/07/83 4/07/ 3-12100* 4 lte Ra:eived Rozci 3-12098* 3-12099* a umber METALS. ANALYSIS (as mgll unless designated otherwise) .<0.01 <0.01 <0.01 rseric 0.2 0.1 0'4 <0.001 .run (0.001 .(0.001 :curium <0.01 (0.01 0.02 _ nromium,.lotal Srornion, Hexavalent o??cr cad i cket Y - dianiW.. ro,-, COLLcCTOR Whiting DEQ 46 Washington. IA ..tt-- /.�A 2 C IC��a ...-.- Dale Reported W.I. leandct 14. Ph.D. oumtur WATER QUALITY REPORT Tisa Unlvursny a. wa ,METALS 5t5:28t•537t Johnson.Co. Landfill Sour,:e Stream 75' S.. of Spccifc Location tributary, pt. 4 Date Col:eeed 4/06/83 .. Dstd icccivcd: 4/07/83 3-12101* Lab Number ' METALS ANALYSIS (as mg/I unless designated otherwise) , Arsenic <0.01 ' Barium 0.2 Cadmium <0.001 Glrom(um, Total <0•. 01 — --- - -- Chromium, Hexavalent Copper 0.02 Lecd <0 .01 Mercury ' , <0.001 .. $e:eGl.,m <0.01 . . i$iiVef <0.01 Zinc 0.05 Iron 5.7 REMARKS: *Reported. as total metals. n n APR V 1JJ� COL -ac OR Whiting Date Reported Whiting RZ D::; 10 DEQ 6 W.I.I Ia was (ling ton . l A nJcr Jr., Ph.D. —_ nsraatot— r I V Y 1 "vim Ali YLOY, Vo '.�O) 4* L-;� ',JLC -2 6171cl V, ',JLC -2 6171cl 1 i ^ _ IOWA DEPARTMENT OF WATER, AIR AND WASTE MANAGEMENT ADMINISTRATIVE ORDER i IN THE MATTER OF: Order No. 84 -LQ -01 CITY OF IOWA CITY 84 -WW -01 Sanitary Disposal Project Permit No. 52 -SDP -1-72P To: City of Iowa City c/o Richard J. Boyle Assistant City Attorney i 410 E. Washington St. Iowa City, Iowa 52240 Pursuant to Iowa Code sections 455B.175(1) and j 455B.307(2) you are hereby notified that the Executive Director of the Iowa Department of Water, Air and Waste Management has determined that: i A. The City of Iowa City owns and operates a sani- tary disposal project (landfill) located in Sec. 14, T79N, R7W, Johnson County, Iowa, and holds Permit No. 52 -SDP -1-72P for the operation of said facility. B. Pursuant to original plans and amendments to iplans, as incorporated in the permit, the City has disposed of solid waste at this landfill in segments, I or cells, since 1972. The filling of cells is progressing in a generally north to south direction, beginning at the far north section of the approved landfill site. The cells are labelled FY72-FY96 in the approved plans. C. In 1976, department staff noted that leachate had surfaced in the area of the initial stages of the land- MPM:trr/LSQ361D05.01 - .03 a %✓ fill, east of cells FY72 and FY73, and was flowing j toward surface water. Leachate, as defined in 900--100.2(455B), Iowa Administrative Code (I.A.C.), is fluid that has percolated through solid waste (the I filled area) and which contains contaminants from said wastes. Landfills are to be designed and operated so as to obviate predictable lateral movement of signifi- cant quantities of leachate from the site to surface waters or aquifers, among other things. i 900--103.2(1)"i". If significant leachate is detected, a permit holder is required to submit a plan for controlling and treating the leachate, and to implement i the plan upon approval by the department. 900--103.2(2)"n". The City did adequately control leachate through 1980. D. In January 1981, department staff noted a signi- ficant amount of leachate was breaching the berm of the fill area of FY73 in diverse spots, referred to as "boils", and was flowing into neighboring farm ground. The department requested that the City submit a leachate control plan by May 1, 1981. Sampling con ducted by department staff in March 1981 indicated that leachate was reaching surface waters but at that time was not having an adverse impact on the unnamed creek flowing in the immediate vicinity to the east of the landfill. 0 �9S I E. The City submitted a leachate control plan in April 1981 as required. The plan consisted of the addition of soils to the area where the leachate sur- faced and construction of a berm. This plan was approved by the department and was implemented by the City in the fall of 1981. F. During an inspection on September 15, 1982, Region 6 staff observed that leachate was again sur- facing and had collected -behind the berm to the extent that it was overflowing it. Region 6 recommended that the soils be repacked and if that didn't work, another leachate control plan should be submitted. The City did repack the area. G. The facility was again inspected on April 5, 1983, and leachate had again surfaced and was overflowing the berm. Samples were taken of the leachate stream and of the receiving water of the state, and analyzed for organic content and metals. The leachate overflowing the berm had a very high orga- nic content (8,000 mg/l BODS and 11,100 mg/l COD) and only slightly elevated metals content. This overflow was diluted to about one-tenth of these levels by diverse surface water drainage in the area, but still raised the receiving stream level to 160 mg/l BODS. The City was requested to submit a new plan by June 1, 1983. o?9s H. On May 26, 1983, the. City submitted a new control plan, consisting of the construction of a perforated, subsurface tile line to collect leachate, connected to a solid tile line leading to a lagoon. The collected leachate was to be hauled to the City's wastewater treatment plant for treatment and disposal; disposal in the working face of the active fill area was proposed as an alternative. The department approved most of this plan but commented that it would be desirable to locate and eliminate or minimize the cause of this high volume leachate production. The City's permit was amended in accordance with this proposal, except that land application of the collected leachate upon completed areas of the landfill was authorized as an alternative. The collection system was completed during August, 1983. I. The lagoon began filling up more rapidly than expected and late in August, 1983 the City verbally requested permission to construct a second lagoon. They were given permission to do so. On September 17, 1983, Region 6 staff visited the site and observed the first lagoon. It had about 3' of freeboard. The second lagoon had not been completed due to wet weather. On September 20, 1983, Region 6 staff again observed the site. The first lagoon had 4' of freeboard. Stains on the inner embankments indicated that it had recently been at the 2' freeboard level. A MPM:trr/LSQ361D05.01 - .03 X9.5 pump was sitting on the top of the lagoon dike, with a 2" intake hose. into the lagoon and a 2" outlet hose directly into the receiving stream. The lagoon had obviously been drawn down 2' (about 70,000 to 80,000 gallons) by discharge into the stream. Foam and stains were observed downstream from the outlet hose. Iowa Code section 455B.186 prohibits the discharge of pollu- tants into waters of the state, except for adequately treated pollutants discharged in accordance with a per- mit from this department. City representatives had been specifically told in early September that discharge without a permit was prohibited, and the landfill permit did not allow this method of disposal. J. On September 27, 1983, the department notified the City that additional information was needed with respect to the City's plan for disposal of collected leachate. In October -1983, the City notified the department that the lagoon system was still filling up at a rate that was too much to handle by previously approved plans. Department staff verbally concurred that if the lagoons were in danger of overflowing, such that the whole dike might wash out, it would be better to plug the tile line to prevent additional leachate from reaching the lagoons. This was thought to be a stop gap measure while the City promptly developed another plan. The City's engineer indicated that the liquid level in the fill area had been lowered to about a9S 4' below the surface. Thus by plugging the tile line, leachate outflow should have been minimized for a short period of time until the liquid level built up again and began flowing out in the manner it did before the tile and lagoon system was constructed. K. On November 18, 1983, Region 6 staff again inspected the site. The City had indeed cut the tile line and stopped the flow to the lagoons. However, the City had not eliminated the flow of leachate in the upper portion of the tile system. Leachate was flowing directly out of the tile line into the stream, at that time. On November 22, 1983, Region 6 staff took water samples in the area. The path of leachate from the tile line had an organic content of 17,000 mg/l BODS ,and 26,000 mg/l COD. This raised the stream to 2,600 mg/l BODS and 4,000 mg/l COD in the vicinity of the landfill, and the stream had a level of 320 mg/l BODS about a mile downstream, which is above the level of raw domestic sewage. Samples taken on December 21, 1983, indicated a leachate concentration of 18,000 mg/l BODS, and raised the stream concentration to 1,300 mg/l BODS. The City has still not submitted a full control plan, and as of December 28, 1983, leachate was still flowing unabated from the tile line to the stream. On or about that date the City plugged the upper portion of the tile line and reportedly reduced the flow of leachate to 6 gallons per hour. 0 a9s ................... . I Therefore, the City of Iowa City is ordered to comply with the following provisions in order to cease further violations of Iowa Code section 455B.186, rule 900--103.2(2)"n", and Sanitary Disposal Project Permit No. 52 -SDP -)-72P. 1. The City shall immediately and hereafter cease the discharge of leachate from the landfill site into waters of the state. Discharge from the lagoons or tile line are absolutely prohibited, unless adequate treatment is provided and a written permit is issued by this agency. Uncontrollable "boils" of leachate from the landfill area shall not constitute a violation of this provision, as long as the City complies with the provisions for remedial measures specified below. 2. The City shall develop and implement a short-term plan for collection, storage and appropriate disposal of leachate, by February 1, 1984. Collection and storage may include the existing tile and lagoon system. Storage may temporarily include the sludge storage lagoons on site. Other methods of collection or storage must first be approved by the department. Disposal may include treatment and discharge of such amounts through the municipal sewage treatment works as that system may effectively handle within its discharge permit, or land application consistent with the cri- teria in 900--121, I.A.C. Other methods of disposal must receive prior approval from the department. �9S 3. By April 1, 1984, the City shall submit a plan which includes events and a schedule for full-scale evaluation of the leachate problem and remedial measures to eliminate or otherwise control leachate from the landfill site. If the plan does not propose to locate and eliminate the cause of the excessive leachate production, the plan shall include development of a full-scale waste management plan, more precisely identifying the volume and characteristics of the wastes, the disposal alternative or alternatives, and the adequacy of the equipment and personnel to dispose of the material in accordance with the rules of the department. This order will be amended to include a r✓ schedule for evaluation, and later amended to include a schedule for implementation of remedial measures.... 3 The issuance of this order shall not be considered an election of remedies, and the department reserves any other remedy it may have, including an action for penalties, for the prohibited discharges to the waters of the state. The City of Iowa City, may, pursuant to Iowa Code i sections 455B.175 and 455B.308 file a Notice of Appeal to the Water, Air and Waste Management Commission within 30 days of receipt of this Order. The Notice of Appeal should be filed with the Executive Director of the Department of Water, Air and Waste Management. A 0 4995 contested case hearing will then be commenced pursuant to Iowa Code Chapter 17A. Any questions regarding this Order should be directed to: Michael Murphy Legal Services Iowa Department of Water, Air and Waste Management Henry A. Wallace Building 900 East Grand Avenue Des Moines, Iowa 50319 (Phone: 515/281-8891) .e0. Dated this aO — day of January, 1984, at Des Moines, Iowa. Stephen W. Ballou Executive Director c a9s G I --- ----- __......... .aty of Iowa City MEMORANDUM �C Date: January 18, 1984 To: Neal Berlin and City Council From: Charles Schmadeke, Director of Public Works James Brachtel, Traffic Engineer ys Re: Removal of Calendar Parking on Johnson Street i_ In the fall of 1983, the City received a request to remove CALENDAR PARKING on Johnson Street between Burlington Street and Bowery Street. The request was a suggestion to reduce the difficulty of driving on Johnson Street during the times that parking is permitted on both sides (5:00 p.m. to 8:00 a.m. of the following day). The Traffic Engineering Division conducted a postcard survey of the affected residents to determine their opinion of the proposed change. Letters and postcards were sent to 205 residential units. Of these, 132 postcards were returned. Fifty-eight percent of the returned postcards favored changing from CALENDAR PARKING to a permanent NO PARKING ANYTIME on one side of Johnson Street. Twenty-five percent opposed the change and 18% had no opinion. •Of the responding residents, 47% preferred the NO PARKING ANYTIME prohibition be placed on the east side; 45% preferred the west side and 8% expressed no opinion. There are advantages and disadvantages to all parking schemes. The principal disadvantage and advantages of the two schemes being considered for Johnson Street are: CALENDAR PARKING Advantages: - Cars are moved from alternating sides of the street which allows City crews to provide necessary street maintenance in an orderly fashion without undue confusion for abutting residents. The two principal functions affected are streetsweeping and snow removal. - Long-term street storage is eliminated. The City currently permits 48 hour street storage on unregulated streets. However, this is difficult and costly to enforce. Disadvantages: - Cars are permitted to park on both sides of the street from 5:00 p.m. to 8:00 a.m. the following day. On a 31 foot wide street this results in driving lanes which are nominally eight feet wide. - Residents are required to move their vehicles every day Monday through Saturday. ,?%4 _ 2 NO PARKING ANYTIME on one side Advantages: On a 31 foot wide street the resulting driving lanes are 11 feet wide. Residents are not required to move their vehicles on a daily basis. Disadvantages: - Street maintenance becomes very difficult on the side of the street where parking is permitted. Confusing and lengthy advanced notice must be given to affected parkers before the maintenance activity occurs. - There is a tendency for long-term on -street storage to occur which again is difficult and costly to enforce. Public Works recognizes the difficulty with eight foot driving lanes. However, this driving lane dimension is a reasonable compromise on residential streets for residential traffic. This assumes that the principal users of these blocks of Johnson Street will be the adjacent property owners and not through traffic. Public Works recommends CALENDAR PARKING be kept in place as this will permit better and more efficient street maintenance. This is particularly true during the snow season. City crews can provide a much better snow removal effort during the snow season when calendar parking regulations are in place and snow may be plowed to the curb on alternate days without the need for advanced notice to remove parked cars. bdw/sp em I -% ity of Iowa City ` MEMORANDUM Date: February 2, 1984 To: City Council From: Rosemary Vitosh, Director of Finance 00 Re: Staff Review of Industrial Revenue Bond Policy Attached for your information is a copy of the memo sent to those staff members who will participate in the staff review of the City's Industrial Revenue Bond (IRB) Policy. The memo outlines several topics to be consid- ered. I would appreciate your input on any other topics which you feel should be reviewed. The staff review will result in a revised policy which will be submitted to you for your consideration and approval. /sp ,;197 of Iowa City(" MEMORANDUM Date: January 25, 1984 To: Dale Helling, Bob Jansen, Lyle Seydel, Andrea Hauer From: Rosemary Vitosh, Director of Finance Re: Staff Review of IRB Policy The Industrial Revenue Bond (IRB) Policy needs to be updated and expanded. Staff review will result in a revised policy to be submitted to the City Council for their consideration and approval. Within the next week•I will contact each of you to set up a work session during the week of February 13th at which time we will start revising the IRB Policy. Topics to be considered during the staff review will include: 1. The current IRB Policy specifically addresses commercial projects. Similar sections are needed for industrial projects, medical facility projects and housing projects. - 2. Special restrictions for housing projects should be reviewed. This would include items such as 1) the required number of units to be restricted for the occupancy by individuals or families of low- or moderate -income, and 2) the setting of rent levels. 3. The City's Bond Attorney has recommended a change in the process now being used to designate the eligible' area for projects authorized by the Code of Iowa, Chapter 404 (commercial and housing projects). Consideration should also be given to whether or not the expansion of the eligible area may direct development away from the downtown area. 4. Should tax abatement be used as a replacement for IRB's or in addition to IRB's to encourage development? 5. Pending federal legislation could establish an annual cap or a maximum annual amount of IRS's that could be issued by each State. The City needs to be prepared to react if the cap becomes effective; in this way, Iowa City could possibly be involved in the promulgation of rules at the State level or would be prepared to take the appropriate action to protect its share of the cap if the legislation creates a competi- tive situation for the approval of IRB issues. 6. Most analyses of the recent bond market show that IRB issues have eroded that market resulting in higher interest rates for other municipal bond issues. What, if anything, can the City do to counter- act the situation? 7. Should the City place limitations on all IRB -financed projects in regard to the use of local and/or unionized labor? X97 - .. - ...._...... .......... .....__...___.__.._......__...._ _ 2 8. Processing procedures: a. Should the Council consider the resolution which authorizes proceeding with the bond issue on the same night that the public hearing is held or should consideration of the resolution be scheduled for the next formal Council meeting (two weeks later)? b. Can the IRB applicants be forced to follow the City's timetable to allow sufficient time for reasonable staff review and processing? Will the Council support this? Attached for your review is pertinent information which will aid in the staff review process: 1. Applicable sections from the Code of Iowa: a. Chapter 419 - Municipal Support of Industrial Projects (authoriza- tion for the issuance of IRB's). b. Chapter 404 - Urban Revitalization Tax Exemptions (designation of area for eligible non -industrial IRB projects). c. Chapter 4276 - Industrial Property - Special Tax Provisions (tax abatements for industrial projects). 2. Listing of issued IRB's as of 12-21-83. 3. IRS code section which deals with IRB multi -family housing regula- tions. 4. The most recent resolution which extends the area eligible to apply for IRB's (non-commercial and housing projects). 5. IRB Policy and Application Form. bdw/sp cc: Neal Berlin a97 i 2110 .ts zoning jurisdic. shall increase the anmission and its ,,mbers. The addi• .f the area outside ing jurisdiction is I by the board of ueb extended area of office and have .ies as other mem• ch zoning regula- f hearing, protest, icipality exercising tis power is being S a county zoning the municipality ,itricts thereunder ,nths of the estab- thority for county rgreed upon by the :1, 75, 77, 79, 81, tricla. A city may, ,f the owners of the le affected who are .ate and establish, residence districts 1 establishing a re• may establish res• panty of buildings A provide that no residences, school. ,tructures,shall be pied without first ermit to be issued ovided in the ordl. wd under this sec• able building and bared, repaired, or passed under this i. ,r the other provi. .all no longer be In ,, 99, §6475, 6474, d, 71, 79, §414.22, :4.24 Of the two addl. .uinled to increase t to o seven -mem. .e member shall be Ive years and one nitial term of four here of a board of sof office on Janu- s to their original 2111 MUNICIPAL SUPPORT OF INDUSTRIAL PROJECTS, 1419.1 CHAPTER 415 RESTRICTED RESIDENCE DISTRICTS Itepe.led by fdtlA. ch ION, 1199 & 1414.1,4 CHAPTER 416 GOVERNMENT OF CITIES BY COMMISSION An.r,tbi. of Ihi.,h pw,. Gd. 1950. repelled or Uwferrcd u Indio W in Code 1954. CHAPTER 417 STREET IMPROVEMENTS AND SEWERS IN CITIES OVER 125,000 POPULATION a.pe.1.d by 64GA.,h 1099.11% CHAPTER 418 CITY MANAGER PLAN BY ORDINANCE Trvufemd m,h 9619 1. Cad. 1979 Ch.par 969D. Cad. 1970, np..l.d by "GA..h ION. 1199 CHAPTER 419 MUNICIPAL SUPPORT OF INDUSTRIAL PROJECTS R.fa,M u, In Ilea. MA 990.6.42145 419.1 Definitions. 419.2 Powers. 419.9 Bonds as limited obligations. 419.4 Pledge of revenues. 419.5 Determination of rent. 419.6 Refunding bonds. 419.7 Applicetion of proceeds limited. 419.8 No payment by municipality. 419.9 Public hearing. 419.16 Default. 419.11 Tax equivalent to be paid—seseesment prose- dura—appeal. 419.1 Definitions. As used in this chapter, unities the context otherwise requires: 1. 'Municipality' means any county, or any into posted city in this state. 2. 'Project' means all or any part of, or any inter. eat In, a. Any lend, buildings or improvements, whether or not in existence at the time of issuance of the bonds issued under authority of this chapter, which are suit• able for the use of any voluntary nonprofit hospital, clinic or health care facility ae defined in section 195C.1, subsection 4, or of one or more physicians for 419.12 Purchase. 419.19 Exception to budget law and certain bond pro- visions. 419.14 Eminent domain not available. 419.15 Limitation of actions. 419.16 Intent of law. 419.17 Revenue bonds issued. 419.18 Grain and soybean storage facilities—bonds issued. an office building to be rued exclusively by profession- al health we providers, including appropriate ancillwylacilitles, or of any private college or univer- sity, or gny state Institution governed under chapter 262 whether for the establishment or maintenance of the college or university, or of any Industry or indus- tries foi the manufacturing, processing or assembling of any'agricultuml or manufactured products, even though The processed products may require further treatment before delivery to the ultimate consumer, or of any commercial enterprise engaged in staring, warehousing or distributing products of agriculture, 46 697 ■ 1419.1, MUNICIPAL SUPPbRT OF INDUSTRIAL PROJECTS zz�ggj 2112 211 ct�•I r ?' • .' mining or industry including but not limited to barge facilities and riverfront improvements useful and project and all interest thereon and all other expenses 4 �. con. venient for the handling and storage of goods and Products, orofa national; incurred in connection with the project, but which payment may 6e made in the form of one or more wh° the . t regional or divisional head• quartets facility of a company that does multistate notes, debentures, bonds or other secured or ore 1 i' business, or of a telephone company, or of a beginning secured debt obligations of the lessee providing for '`, gift buainesepenon for any puYpose, ar of any commercial timely payments, including without limitation, inter• pro amusement or theme parks be of any housing unit or complex for the elderly handicapped, est thereon sufficient for each purposes and delivered' P P � to the municipality or to the trustee under the inden• stagy but or or of an fair y or exposition held in the state, other than the Iowa tore pursuant to which the bonds were iseued.Aaingle the t state fair, which is a membbi of the association of Iowa lease may contain both of the foregoing options. am fain, or 8. 'Sale contract' means a contract providing for tiro b. Pollution control ftieilitiee which are suitable the sale of one or more projects to one or more con- trotting erg for use by any industry, cordmercial enterprise or ut(I- "Pollution parties and includes o contract. providing for j ble ity. control fg4lities" means any land, Payment of the purchase price in one or more install• the Q� d , buildings, structures, equiphient including portable menta. If the sale contract permits title to the project i .'� equipment, pipes, pumps, dams, reservoirs, improve• to pose to the other contracting party or parties prior par • ments, or other facilities uaefui for the purpose of to payment in full of the entire purchase price, itshall °r lin reducing, preventing, or eliminating Pollution of the also provide for the other contracting party or Partin �• 11 water or air by reason of the operations of any Indus- try, to deliver to the municipality or to the trustee under the indenture t ret f]t; commercial enterprise of utility or for the dispoa- P pursuant to which the bonds were . al, including without limitation recycling, of solid sued one or more notes, debentures, bonds or other S go waste. "Improve", "improving" and "improvements" secured or unsecured debt obligations of such can. with thinclude any real property, penonal Property or mixed tractorg party or parties providing for timely pay or property of any and everylcind that can be used or ments, including without limitation, interest thereon that will be useful in connection with project, includ• far the balance of the purchase Pratt at or prior to the - at ing but not limited to rights-ofwey, roads, streets, Passage of such title. i' sidings, trackage, foundations, tanks, : structurea, 9• 'Loan agreement- means an agreement provid• pt go ' Pipes. pipelines, reservoini utilities, materials, equip• meat, firturea, machinery, furniture, furnishings, im. ing for a municipality to loan the proceeds derived from the issuance of bonds w t I ' _ provementa, instrumentajlties and other real, personal or mixed property pf every kind, whether pursuant to this chapter g to one or more contracting g parties to he used to pee the coat of one or more projects and re above or below ground level. 3. 'Governing body' means the board, council or providing for the repayment of such loan by the other contracting party or parties, and which ul m other body in which the legislative powers of the not. may provide for such loans to be :, secured or evidenced by one or more notes, deben• ± of 1 nicipality are treated. 4. 'Mortgage' shall include a deed trust, tures, bonds or other secured or unsecured debt obli• fr of 5. -Equip' means to install or place on or in any gations of the contracting party or parties, delivered 7 to the municipality or to the trustee of it ` building or improvements or the site thereof equip• ment of any and every kind, including, under the inden• ture pursuant to which the bonds were issued. n' without limit. ing the generality of the foregoing, machinery, utility 10.'Contracting party' or 'other contracting party' means any to a' d t service connections, building service equipment, fix• lures, beating equipment, and air conditioning party a sale contract or loan agreement except the municipality, 'Revenues' equip. meat and including, in the casae( portable equipment of project, or derived frame m ' used for pollution control, all such machinery and Project, include payments ts under a lease or We caa• al equipment which maintains a substantial connection with the building or Improvement tract and repayments under a loan agreement, or under notes, debentures, bonds and other secured or it 1 or the site thereof where Installed, placed, or primarily based, unsecured debt obligations of a lessee or contracting It 8. 'Leasee'includes a single person, firm or cor o. Party delivered c, ration or any two or more P firms torpors• ohereinprovided. tes2. Bonds' of a municipality includes bonds, P tions which shall lease the Proons, ct s nates or other securities. 13. 'Corporation' P in -common or otherwise and whichshall undertake includes a corporation whether rental a Payments end other monetary obligation. organized for profit or not for profit for which the t t under the lease of the project sufficient in the aggre• secretary of state has issued a certificate of incorpora• a t; gate to satisfy the rental and other monetary obliga• tion or °permit for the transaction of business within v t t . •1 ` tions required by this chapter to be undertaken by the the state and further includes a co-operative asaucia• lessee of a project tion. F .t #, 7. 'Lease' includes a lease containing an option to 14. "Beginning businrsperson' means an indi• p purchase the project for a nominal sum upon payment vidual with an aggregate net worth of the individual f in full, or provision therefor, of all bonds issued in and the individual's spouse and children of leas thanit s j connection with the project and all interest thereon one hundred thousand dollars. Net worth means totalt and all other expenses incurred in connection with the assets minus total liabilities as determined in accord• project, and a lease containing an option to purchase nice with generally accepted accounting principles.a the project at an time, oe provided therein, upon ICSfi, 71, 73, 75, 77, 79, 81, §419.1; 81 Acts, ch 130, §I;c Payment of the purchase price which shall be sufft- 82 Acts, ch 1001, §1, ch 1049, §l, 2, ch 1132, §IIet tient to pay all bonds issued in connection with the c,. r d v'ni��i �� „:ia.oa Sr vd.tm tl a 97. 2112 AR 1119 MUNICIPAL SUPPORT OF INDUSTRIAL PROJECTS, 1419.3 ,nom a; 419.2 Powers. In addition to any other powers 'hich wblch it may now have, each municipality shall have nor, the following powers: un- I. To acquire, whether by construction, purchase, for '. G8 or lease, and to improve and equip, one or more .,tar. projects. The projects shall be located within this ered Lute, may be located within or near the municipality, den.butehall not be located more than eight miles outside ngle •' tbsmrporate limits of the municipality, provided that calm improvements necessary or useful in connec. fortion with the main project may be located more than con. eight miles outside the corporate limits of the munici. c for t polity or, in the case of a project which includes porta. tall bit equipment for pollution control, that the situs of lht principal place of business of the owner of such '1en ,. portable equipment is located within the municipality -riot or not mora than eight miles outside of the corporate hall' Will of the municipality. 'ties t 2 To lease to others one or more projects for such lder allude and upon such terms and conditions as the 2 is. governing body may deem advisable in accordance :her with the provisions of this chapter, but in no cause shall -on. ! the rentals be lees than the average rental cost for like 'ay or similar facilities within the competitive commercial eon yrs. the 3. To sell to others one or more projects for such payments and upon such terms and conditions ar the id• governing body may deem advisable in accordance :ed with the provisions of this chapter. ter 4. To enter into loan agreements with others with lay respect to one or more projects for such payments and the i upon such terms and conditions m the governing body rtasydeem advisable in accordance with the provisions be of this chapter. .n- A 5. To issue revenue bonds for the purpose of de• ,li. frying the cost of any project and to secure payment ed of such bonds ass provided in this chapter. However, n- in the case of a project suitable for the use of a begin. . da businessperson, the bonds may not exceed the reg aggregate principal amount of five hundred thousand I dollars. 6. To grant easements for roads, streets, water e maim and pipes, sewers, power lines, telephone lines, t all pipe lines, and to all utilities. r 7. To issue revenue bonds for the purpose of retir- �r ing existing indebtedness of any private or state of Ir j Iowa college or university or of any person who in- orred the indebtedness to finance a project for any private or state of Iowa college or university, to secure payment of the bonds as provided in this chapter, and r to enter into agreements with others with respect to these bonds for such payments and upon such terms s '• end conditions u the governing body may deem ad. viable in accordance with the provisions of this chap. 1 tis. The retiring of any existing indebtedness of a private or state of Iowa college or university or of any person who incurred the indebtedness to finance a project for a private or state of Iowa college or univer- sity shall be deemed a "project" for the purposes of -i this chapter. & To issue revenue bonds for the purpose of retir. ing any existing indebtedness of a health care facility, droit or voluntary nonprofit hospital, to secure pay. ' went of the bonds as provided in this chapter, and to { enter into agreements with others with respect to these bonds for such payments and upon such terms and conditions as the governing body may deem ad. visable in accordance with the provisions of this chapter. The retiring of any existing indebtedness of a health care facility, clinic or voluntary nonprofit hospital shall be deemed a "project" for the purposes of this chapter. No municipality shall have the power to operate any project financed under this chapter, as a business or in any manner except as specifically provided in this chapter. [C66,71, 73, 75, 5419.2; C77,79, §419.2,419.7; C81, 9419.2; 82 Acts. ch 1049, §31 tlefrmd b In 1524.901 419.3 Bonds as limited obligations. 1. All bonds issued by a municipality, under the authority of this chapter, shall be limited obligations of the municipality. The principal of and interest on such bonds shall be payable solely out of the revenues derived from the project to be financed by the bonds so issued under the provisions of this chapter includ. ing debt obligations al the lessee or contracting party obtained from or in connection with the financing of a project. Bonds and interest coupons issued under authority of this chapter shall never constitute an in. debtedness of the municipality, within the meaning of any state constitutional provision or statutory limita. tion, and shall not constitute nor give rise to a pecu. niary liability of the municipality or a charge against its general credit or taxing•powers. Such limitation' shall be plainly stated on the face of each such bond. 2. The bonds referred to in subsection I of this section may be executed and delivered at any time and from time to time; be in such form and denomina. tions; without limitation as'to the denomination of any bond, any other law to the contrary notwithstand• ing; be of such tenor, be fully registered, registrable as to principal or in bearer form; be transferable; be pay able in such installments and at such time or times, not exceeding thirty years from their date; be payable at such place or places in ore• out of the state of Iowa; bear interest at such rate pr rates, payable at such place or places in or out of'the state of Iowa; be evi. denced in such manner and:jnay contain other provi- alone not inconsistent herewith; all as shall be provided in respect of the foregoing or other matters in the proceedings of the governing body whereunder the bonds are authorized to be issued. The governing body may provide for the exchange of coupon bonds for fully registered bonds and of fully registered bonds for coupon bonds and for the exchange of any such bonds after issuance for bonds of larger or smaller denominations, all in such rgepner as may be provided in the proceedings authorigjnB their issuance, provid. ed the bonds in changed form or denominations shall be exchanged for the surrejjdered bonds in the same aggregate principal amounts 1tnd in such manner that no overlapping into is qid, and such bonds in changed form or denominat rips shall bear interest at the acme rate or rates and ifiall mature on the some date or dates as the bondtjor whish they are ex. changed. Where any exchang is made under this see. tion, the bonds surrenderediW. the holders at the time of the exchange shall be canceled. The exchange shall be made only at the request of the holders of the bonds to be surrendered, and the governing body may require all expenses incurredin connection with the exchange to be paid by lha lLolders. In cue any of the c� 97 i 76 1419.3, MUNICIPAL SUPPORT gV,INDUSTRIAL PROJECTS officers whose signatures appear (in the bunds or cou. Pons shall cease to be officers beliue the delivery of such bonds, such signatures shall;. nevertheless, be valid and sufficient for all purposes, the same as if they had remained in office until delivery. 3. Unless otherwise provided ih the proceedings of the governing body whereunder tlid,bonds are autho- rized to be issued, bonds issued under the provisions of this chapter shall be subject to the general provi- sions of law, presently existing oo-shat may hereafter be enacted, respecting the executiah and delivery of the bonds of a municipality and respecting the retain- ing of options of redemption in praaeedings authoriz. ing the issuance of municipal securities. 4. Any bonds, issued under the authority of this chapter, may be sold at public sale -fit such manner, at such price and at such time or times as may be deter- mined by the governing body to. be most advanta. geous. The municipality may pay all expenses, premiums and commissions whicUbe governing body may deem necessary or advantageous in connection with the authorization, sale and iesbance thereof. 5. All bonds, issued under the authority of this chapter and all interest coupons applicable thereto, shell be construed to be negotiablJ instruments, even though they am payable solely frord a specified source. jC66, 71, 73, 75, 77, 79, 81, §419.31 Reread in In 1419.6 419.4 Pledge of revenues. 1. The principal of and interest on any bonds, is- sued under authority of this chapter, shall be secured by a pledge of the revenues out of which such bonds shall be made payable. They maybe secured by a mortgage covering all or any part of the project from which the revenues so pledged may be derived or by a pledge of the lease, sale contract -or loan agreement with respect to such project or by a pledge of one or more notes, debentures, bonds or.other secured or unsecured debt obligations of the leasee or contracting party. 2. The proceedings under who the bonds are au- thorized to be issued under the provisions of this chapter, and any mortgage given to secure the same, may contain any agreements and provisions custom- arily contained in instruments secuting bonds, includ- ing, but not limited to: a. Provisions respecting custody of the proceeds from the sale of the bonds including their investment and reinvestment until used to defray the coat of the project. b. Provisions respecting the fixing and collection of rents or payment with respect to any project cov- ered by such proceedings or mortgage. c. The terms to be incorporated in the lease, sale contract or loan agreement with respect to such project. d. The maintenance and insurance of such project. e. The creation, maintenance, custody, invest. ment and reinvestment and use of special funds from` the revenues of such project, and /. Thn rights and rnmediea available in case of a dtdiwlt In lhn bond holders ur to any trustee under the least, sale contract, loan agreement or mortgage. A municipality shall have the power to Provide that proceeds from the sale of bonds and special fund, 2114 from the revenues of the project shall be invested and reinvested in such securities and other investments as shall be provided in the proceedings under which the bonds are authorized to be issued including: (1) obligations issued or guaranteed by the United States; (2) obligations issued or guaranteed by any person controlled or supervised by and acting as an instru. mentality of the United States pursuant to authority granted by the Congress of the United States; (3) obligations issued or guaranteed by any state of the United States, or the District of Columbia, or any political subdivision of any such state or district; (4) prime commercial paper; (5) prime finance company paper; (6) bankers' acceptances drawn on and accepted by banks organized under the laws of any state or of the United States; (7) repurchase agreements fully secured by obli• gations issued or guaranteed by the United States or by any person controlled or supervised by and acting as an instrumentality of the United States pursuant to authority granted by the Congress of the United States; and (8) certificates of deposit issued by banks orga• nized under the laws of any state or of the United States; whether or not such investment or reinvest. ment is authorized under any other law of this state. The municipality shall also have the power to provide that such proceeds or funds or investments and the amounts payable under the lease, sale contract or loan agreement shall be received, held and disbursed by one or more banks or trust companies located in or out of the state of Iowa. A municipality shall also have the power to provide that the project and improvements shall be constructed by the municipality, lessee, the lessee's designee, the contracting party, or the ron- tracting party's designee, or any one or more of them on real estate owned by the municipality, the lessee, the lessee's designee, the contracting party, or the contracting party's designee, as the case may be, that the bond proceeds shall be disbursed by the trustee bank or banks, trust company or trust companies, during construction upon the estimate, order or certif- icate of the lessee, the lessee's designee, the contract- ing party, or the contracting party's designee. In making such agreements or provisions, e municipality shall not have the power to obligate it- self, except with respect to the project and the appli- cation of the revenues therefrom, and shall not have the power to incur a pecuniary liability or a charge upon its general credit or against its taxing powem 3. The proceedings authorizing any bonds under the provisions of this chapter, or any mortgage secur- Ing such bonds, may provide that if there is a default in the payment of the principal of or the interest 00 such bonds or in the performance of any agreement contained in such proceedings or mortgage, the pay ment and performance may be enforced by manda- mus or by the appointment of a receiver in equity with power to charge and collect rents and payments end to apply the revenues from the project in accordance with such proceedings or the provisions of such mon• gage. 4. Any mortgage, made under the provisions of i this chapter, to secure bonds issued thereunder, may 7 2115 also prov, thereof o the mart; proceedin ted by lav trustee u bonds set any forec efor. IC6f n.amd v 419.5 L Pri, loan agre, erning bo, each year the bond project; 0 into any n deem adv retiremelr nance of ti ealecontn or contrar carry all I estimated Pair and k 2. The Ing body,; section, sl which the however,) Pressed in or loan ag) the bonds forth in th. issuance o municipals loan agree - require thr Project an municipal; basis of su ficient to bonds We maintain r erning bac lease, sale lessee or a and insum twining tht erly insure Re,d b 419.6 1 the provis standing,i refunded I funding be may deem eufficientI refunded,, time and c. Dan there whether tis or shall tl funding 1) ,A 97 2115 MUNICIPAL SUPPORT OF INDUSTRIAL PROJECTS, 1419.9 also provide that if there is a default in the payment thereof or a violation of any agreement contained in the mortgage, it may be foreclosed and sold under proceedings in equity or in any other manner permit. ted by law. Such mortgage may also provide that any trustee under such mortgage or the holder of any bonds secured thereby may become the purchaser at any foreclosure sale if he is the highest bidder ther- efor. [C66, 71, 73, 75, 77, 79, 81, §419.41 a.artd to in 1419.6 419.5 Determination of reoL 1. Prior to entering into a lease, sale contract or loan agreement with respect to any project, the gov- eming body must determine the amount necessary in each year to pay the principal of and the interest on the bonds proposed to be issued to finance such project; the amount necessary to be paid each year into any reserve funds which the governing body may deem advisable to establish in connection with the retirement of the proposed bonds and the mainte- nance of the project; and unless the terms of the lease, We contract or loan agreement provide that the lessee or contracting party shall maintain the project and carry all proper insurance with respect thereto, the estimated cost of maintaining the project in good re- pair and keeping it properly insured. 2. The determination and findings of the govern - jag body, required to be made by subsection I of this ssction, shall be set forth in the proceedings under which the proposed bonds are to be issued; provided, however, that the foregoing amounts need not be ex- pressed in dollars and cents in the lease, sale contract or loan agreement or in the proceedings under which the bonds are authorized to be issued, but may be set forth in the form of a formula or formulas. Prior to the issuance of the bonds authorized by this chapter the municipality shall enter into a lease, sale contract or tom agreement with respect to the project which shall require the lessee or contracting party to complete the project and which shall provide for payment to the municipality of such rentals or payments as, upon the basis of such determinations and findings, will be ouf- 5cient to pay the principal of and interest on the bonds issued to finance the project; to build up and maintain any reserves deemed advisable, by the gov- erning body, in connection therewith and unless the lease, sale contract or loan agreement obligates the leasee or contracting party to pay for the maintenance and insurance on the project, to pay the costs of main- taining the project in good repair and keeping it prop- erly insured.1s.C66, 71, 73, 75, 77, 79, 81, §419.5] / 419.6 Refunding bonds. Any bonds, issued under the provisions of this chapter and at any time out. standing, may at any time and from time to time be refunded by a municipality by the issuance of its re- funding bonds in such amount as the governing body may deem necessary but not exceeding an amount sufficient to refund the principal of the bonds to be so refunded, any unpaid Interest thereon and any premi- ums and commissions necessary to be paid in connee- don therewith. Any such refunding may be effected whether the bonds to be refunded shall have matured or shall thereafter mature, either by sale of the re- funding bonds and the application of the proceeds thereof for the payment of the bonds to he refunded thereby, or by exchange of the refunding bonds for the bonds to be refunded thereby, hot the holders of any bonds to be so refunded shall not be compelled, with. out their consent, to surrender their bunds for pay- ment or exchange prior to the date an which they are payable by maturity date, option to redeem or other- wise, or if they are called for redemption, prior to the date an which they are by their terms subject to re- demption by option or otherwise. All refunding bonds, issued under authority of this chapter, shall be pay- able solely from the revenues out of which the bonds to be refunded thereby are payable and shall be sub- ject to the provisions contained in section 419.3 and may be secured in accordance with the provisions of section 419.4. (C66,71. 73, 75, 77, 79, 81, §419.61 419.7 Application of proceeds limited. The pro. ceeds from the sale of any bonds;,issued under author- ity of this chapter, shall be applied only for the purpose for which the bonds were issued and if, for any reason, any portion of such proceeds shall not be needed for the purpose for which the hands were is. sued, such unneeded portion of said proceeds shall be applied to the payment of the principal or the interest on said bonds. The cost of any project shell be deemed to include the actual cost of acquiring a site or the cost of the construction of any part of a project which may be constructed including architects' and engineers' fees, the purchase price of any part of a project that may be acquired by purchase, all expenses in connec- tion with the authorization, sale and issuance of the bonds to finance such acquisition, an amount to be held ss a bond reserve fund, and the interest on such bonds for a reasonable time priop to construction, dur- ing contraction and for not exceeding six months after completion of constructioq: [C66, 71, 73, 75, 77, 79, 81, §419.71 419.8 No payment by municipality. No municipali- ty shall have the power to pay out of its general fund or otherwise contribute any p,rt of the costs of a project and shall not have the Bower to use land al. ready owned by the municipality, or in which the mu- nicipality has an equity, unlesdspecifically acquired for development of projects, or unless the land is de- termined by the municipal govgrbing body to no lon- ger be necessary for municipal purposes other than the project, for the constructiopahereon of a project or any part thereof. The entire coat of any project must be paid out of the proceeds from the sale of bonds issued under the nuthorijyof this chapter, but this provision shall not be construed to prevent a mu- nicipality from accepting donat+dna of property to be used as a part of any project or money to be used for defraying any part of the cost of qpy project. [C66, 71, 73, 75, 77, 79, 8t, §419.81 Rebe.d to in 1410.17 419.9 Public hearing. Prior to the issuance of any bonds under authority of this clippter, the municipali- ty shall conduct a public henr6g on the proposal to issue said bonds. Notice of intention to issue the bonds, specifying the amounh.mcl purpose thereof and the time and place of hearing, shall be published at least once not less than f4f(SAn days prior to the date fixed for the hearing in a'jewspaper published 216 §419.9, MUNICIPAL SUPPORT' OF INDUSTRIAL PROJECTS aid pursuant to section 419.5, the amounts required dblisn t therein, the by the first sentence of this section to be paidtb such and hnvinKagenernl circulation within the municipal. P the ity. If there is no newspaper ii herein, the municipality shall not he required to pay y notice shall be published in a newspaper p ical subdivision. any other stat* the county and having a general circulation in the taxes to the state or to any such county, city, school municipality. At the time and piece the for the pub- municipality ate t district contrary or other ;notwithstanding. To the extent o lic hearing the governing bodythat an leasee or contracting party Paye shall give all local residents whoappear at the hearing Y a the tax equivalent heren provided, n opportunity t expreaa their views for or agar Q` required tpart p thereof, the municipality. shell not e the proper t issue the bonds -and at the hearing, shall any adjournment thereof, shell;ndopt a resolution de- and t such extent the lessee or contracting party tarmining whether or nottprdi:eed with the issuance not be required to pay amounts t the municipality for of the bonds. [C66, 71, 73, 75, T7, 79, 8l. § j This section shall not be applicable to any munici- 419.10 DefaulL in ceseof at§efault in the payment polity acquiring, purchasing,orxen ingconstructing,ybuild recon, maintaining, or assisting of any revenue bonds, issued �rOrsuent t the Provo- strutting, improving, or extending any buildings or ,ions of this chapter, the mpnicipality which do- the purpose of establisIowa college or on hing, iversity,rsi act for teringfaulted in such nto any ct vity of itssolbe wn except to release the to anyfrom en. any lmumc poor liity inate tcn connection with ni P clinic, nor property for some industrial activity. [C66, 71.73, 75, the benefit of a voluntary nonprofit hospital, clinic, or health care facility, the property of which is otherwise 77, 79, 81, §419.101 exempt under the provisions of chapter 427. The play. 419.11 Tax at t be paid—assessment ment, collection, and apportionment of the tax eqt procedure—appeal Any municipality a qu'r gob°or 446 and 447. [C66r- lent shall be c711, 73.o, the75,, 77, 79, 81, §419.111 rovisions of chapters 45, chasing, constructing, reeonstruiti buildings used as APPr4ler 1111.7•!, alae extending any industrial buildings, headquarters facilities or pollutt°° control facilities, 419.12 Purchase. The municipality may accept as provided in thin chapter, shell annually pay out of any bona fide offer t purchase which is sufficient to the revenue from suchpter, 5sisl buildings. buildings n all the outatnding bonds, interest, taxes, special school levies, and other coats that have been incurred. [C66, used u headquartere fecilitiea or pollution control t• pay 77, 79, 81, §419.121 cilitiee t the state o[ to Illicit leubdivie oan tn, autho- 71, 73, 75, district and any other Focerlala b t the amount of tax, rized to levy tares, a sum eq 419.13 Exception t bud{et law and ard determined by applying the tez rat of the taxing revisions. The provisions of sections 23.12 t 23.16 district to the assessed value of the property, which shall not apply t bonds issued under the Provisions cit school rliatrict or other political of this chapter. [C66, 71, 73, 75, 77, 79, 81, §419.131 the state,countw ty, Y, R were owned subdivision would receive i[ the props Y other atat- by any private person or corjioratian, nY 419.14 Emi°eetdomain not available. No lend ac• ute to the contrary notwithstanding. For purposes of aired b a municipality by the exercise of condemns - lent, at such tax equivalent, the property shall be q Y ed to valued and assessed by the assessor in whose hire a - effectuate he purposes of this chapter. [C66thin through eminent domain can be 971, 73, tion the property is located, to accordance with chap• 419.14 ter 441, but the municipality; the leasee on behalf of 75, � a i8�§,y tar j the munlcipality, and such other pereonsueta eutho• 419.15 Limitation of actions. No action shall be rized by chapter 441 shall be entitled t protest any brought questioning the legality. No contract, lease, assessment and take appeals n the same manner as proceedings the le bonds executed o: . any taxpayer. Such valuations shall be included in any mortgage, summation of valuations In the taxing district for all tion with any project or improvements authorized by Purposes known to the law. Income from this source this chapter from and after three months from the shall be considered under the provisions of section time the bonds are ordered issued by othe per au - 384.16, subsection 1, paragraph W. under which thority. [C66, 71, 73, 75, 77, 79, 81, 119.151 If and to the extent the proceedings the bonds authorized t be Issued under the provi• 41916 Intent of law. In order t provide available DO t accomplish cions of this chapter eo provide, the municipality may alternatives t enable municipaliti agree to co-operate with the leasee of a project in con- the purposes of this chapter in the manner deemed most advisable by the governing body, it isthe ti der nection with tiny administrative ar judicial proceed- ent ings for determining the validity oamount of designate of this chapter that a leasee or contracting p Y such payments and may agree t appointa sale contract or loan agreement is not required to Iw and reserve the right in and for such lessee to take all the eventual user of a project: provided, that any sub, action which the municipality may lawfully take in lessee or assignee shall assume all of the obligations of respect of such payments and all matters relating the Ieeaeo or contracting party under the lease, gall thereto, provided, however, that such lessee shall bear contract or loan agreement, the lessee or contractin8 and pay all costa and expenses of the municipality art remains primarily lintel° for all of its Obligations under the lease, sale contractor loan agreement, end thereby Incurred et the request of each lessee n by party reason of any such action taken by such leasee in be- the use of the Project is consistent with the purpoaer half of the municipality Any lessee of a project which 79, 81, §419.161 has paid, m rentals additional t those required to be of this cbnptr• Ic75, 77, %im 2117 4I9.0 issue rev ified url talizntin revenue sions of ,be n[ L 9 include suitahh ofn cm which t urban r or the 2. out on 403 in under. tion a• apply. :1. to Pro The sectior aid qt areas. 420.: 420.1 429.: 420.' 420.: 420.: 420. 420. 420. 420 420 420 420 420 420 420 42C 42( 420 421 2111 MUNICIPAL SUPPORT OF INDUSTRIAL PROJECTS, §419.18 419.17 Revenue bonds issued. Cities may also issue revenue bonds for projects located within a qual- ified urban renewal area or an area designated a revi- talization area pursuant to sections 404.1 to 404.7. The revenue bonds shall be issued pursuant to the provi- sions of this chapter and all provisions of this chapter shall apply, except that: 1. The term "project" as defined in section 419.1 includes land, buildings, or improvements which are suitable for use as residential property or for the use of a commercial enterprise or nonprofit organization which the governing body finds is consistent with the urban renewal plan for a qualified urban renewal area or the revitalization plan, as the case may be. 2. To the extent that a city is authorized to pay out or contribute to the cast of a project under chapter 403 in the case of a qualified urban renewal area or under sections 404.1 to 404.7 in the case of a revitaliza- tion area, the provisions of section 419.8 shall not apply. 3. The provisions of section 419.14 shall not apply to projects within a qualified urban renewal area. The power to issue revenue bonds pursuant to this section is in addition to other powers granted cities to aid qualified urban renewal areas and revitalization areas. The term "qualified urban renewal area" means an urban renewal area designated as such pursuant to chapter 403 before July 1, 1979. [C81, §419.171 Refereed to in 14olJ Chepur 404 epplin in dl chin including peciel cluner titin; 68GA, ch U.1 Pr 419.18 Grain and soybean storage faelli- ties—bonds issued. In order to provide greater sources of financing and to encourage an increase in the ca- pacity of grain and soybean storage facilities within the state, cities and counties may issue revenue bonds, to be originally purchased by financial institutions or other bond purchasers which are located within the city or county issuing the bonds, to finance the acqui- sition of grain and soybean storage facilities which may he located anywhere within the state. The reve- nue bonds shall be issued pursuant to this chapter and all provisions of this chapter shall apply except that the term "project" as defined in section 419.1 includes on-farm grain and soybean storage facilities, which facilities may include the grain or soybean drying and aerating equipment, and the project need not be lo- cated within the city or county issuing the revenue bonds. [82 Acta, ch 1208, ill CHAPTER 420 CITIES UNDER SPECIAL CHARTER Raterred to In IKR.41.37112 420.1 to 420.7 Repealed by 54GA, ch 145, §108 and ch 165,§3. 420.8 to 420.13 Repealed by 54GA, ch 165, 113. 420.14 and 420.16 Repealed by 64GA, ch 1088, §314. 420.16 to 420.25 Repealed by 64GA, ch 1124, §282, 420.26 to 420.30 Repealed by 54GA, ch 147, §40 and ch 165,§3. 420.31 Repealed by 64GA, ch 1088, §314. 420.32 and 420.33 Repealed by 54GA, ch 165, §3. 420.34 Repealed by 64GA, ch 1124, §282. 420.35 to 420.40 Repealed by 64GA, ch 1088, 9314. 420.121 to 420.125 Repealed by 64GA, ch 151, §57 and ch 165, §4. POLITICAL PARTIES IN CERTAIN CITIES 420.126 City convention. 420.127 Delegates elected. 420.128 Chairman and secretary. 420.129 Term. 420.130 Affidavit of candidacy, 420.131 Members from each Precinct. 420.132 Committee meetings -vacancies. 420.133 Returns of election, ': 420.134 Certified list of thisp'clected. 420.135 Elected delegates. . 420.136 Duties of city clerk. 420.137 Applicable laws. 420.138 Repealed by 65GA, ch 136, §401. 420.139 to 420.148 Repealed by 54GA, ch 165, §4. 420.149 Repealed by 54GA, ch 151, 158 and ch 165, §4• 420.150 to 420.154 Repealed 4y 64GA, ch 165, §4. RIVERFRONT AND LEVEE IMPROVEMEM 420.155 Waterfront improvelilent—fund. 420.156 Rdpealed by 64GA, ch 1088, 1317. N E GENERAL PROVISIONS AND POWERS 420.41 Applicability of provisions, 420.42 Repealed by 54GA, ch 165, §4. 120.43 Application of certain terms. 420.44 Unliquidated claim—limitation of action. '.I 120.45 Claims for personal injury—limitation. 120.48 Repealed by 64GA, ch 1088, 1317. 120.47 Repealed by 54GA, ch 151, §55 and ch 165, §4. ' 420.48 Repealed by 54GA, ch 145, §107 and ch 165, I' §4. 420.49 to 420.58 Repealed by 54GA, ch 151, §56 and ch 165,§4. t 420.59 to 420.61 Repealed by 64GA, ch 1098, §317. 420.62 to 420.120 Repealed by 54GA, ch 165, §4. 420.121 to 420.125 Repealed by 64GA, ch 151, §57 and ch 165, §4. POLITICAL PARTIES IN CERTAIN CITIES 420.126 City convention. 420.127 Delegates elected. 420.128 Chairman and secretary. 420.129 Term. 420.130 Affidavit of candidacy, 420.131 Members from each Precinct. 420.132 Committee meetings -vacancies. 420.133 Returns of election, ': 420.134 Certified list of thisp'clected. 420.135 Elected delegates. . 420.136 Duties of city clerk. 420.137 Applicable laws. 420.138 Repealed by 65GA, ch 136, §401. 420.139 to 420.148 Repealed by 54GA, ch 165, §4. 420.149 Repealed by 54GA, ch 151, 158 and ch 165, §4• 420.150 to 420.154 Repealed 4y 64GA, ch 165, §4. RIVERFRONT AND LEVEE IMPROVEMEM 420.155 Waterfront improvelilent—fund. 420.156 Rdpealed by 64GA, ch 1088, 1317. N E §403A.23, MUNICIPAL HOUSING LAW 403A.23 Ellgibility of persons receiving public as. sistauce. Any statute to the contrary notwithstanding, no person nlherwise eligible to be a tenant in a munici• pal housing project, shall be declared ineligible Cher• efor or denied occupancy therein merely because he is receiving in some form public assistance such as feder- al supplemental security income or state aOpplemen• ! tory payments, as defined by section 249.1, or welfare i. assistance, unemployment compensation, social se- curity Payments, etc. 1062, 66, 71, 73, 75, 77, 79, 81, .t §403A.231 403A.24 Chititer controlling. The provisions of this chapter shell be controlling, notwithstanding anything to the, yantrory contained in any other law of this state, or local ordinance. Any action of a munic- ipality or the governing body thereof in carrying out the purposes of this chapter, whether by resolution, ordinance or otherwise, shall be deemed administra- tive in character; and no public notice or publication need be made with respect to such action taken. iC62, 66, 71, 73, 75, 77, 79, 81, §403A.241 2080 §2. 403A.25 and •103A.26 Repealed by 64GA, ch 1092. 403A.27 Percentage of rent as taxes. Any provi• Sion Of this chapter notwithstanding, no housing project shall be approved unless as a condition at least ten Percent of aid shall be paidannually as taxes to the heoffice ofal the treasurer in the respective county in which said project is located, except as to the use of dwelling units in existing structures leased from private Own. aro. iC71, 73, 75, 77, 79, 81, §403A.271 403A.28 Public hearing required. The municipal housing agency shall not undertake any Inw-cust housing project until such time ago public hearing has been called, at which time the agency shall advise the public of the name Of the proposed project, its Inca• tion, the number of living units proposed and their approximate cost. Notice of the public hearing on the Proposed project shall be published at least once in a newspaper of general circulation within the munici• pality, at least fifteen days prior to the date set for the hearing. 1C73, 75, 77, 79, 81, 9403A.281 CHAPTER 404 URBAN REVITALIZATION TAX EXEMPTIONS ALL,ouon b runts in urbu, mi Wirnon am..6taA, rh N. 111 Chaps 1a1 applir b dl rilin iuludwt rprtd ahaner n; a90A,.h &,112 404.1 Area ns shed by city 404.2 Conditions mandatory. . 404.5 Physical review of property by assessor. 404.3 Bases of tax exemption. 404.6 Relocation expense of tenant. 404.4 Prior approval of eligibility. 404.7 Repeal of ordinance. 404,8 Productivity—additional tax not applicable, 404.1 Area established by city. The governing body of a city may, by ordinance, designate an area of the city m8 revitelization area, if that area is any of the following. 1. An area in which there is a predominance of buildings or improvements, whether residential or nonresidential, which by reason of dilapidation, date. rioration, obsolescence, inadequate provision for van. tilation, light, air, sanitation, or open spaces, high density of population and overcrowding, the existence of conditions which endanger life or property by fire and other causes or a combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency or crime, and which is detrimental to the public health, safety, or welfare. 2. An area which by reason of the presence of a substantial number of deteriorated or deteriorating structures, predominance of defective or inadequate street layout, incompatible land use relationships, faulty lot layout in relation to size, adequacy, accessi. bility or usefulness, unsanitary or unsafe conditions, deterioration of site or other Improvements, diversity Of Ownership, tax or special assessment delinquency exceeding the actual value of the land, defective or unusual conditions of title, or the existence of cbndi• thine which endanger life or properly by fire and other causes, or a combination of such factors, substantially Impairs or arrests the sound growth of a municipality, retards the provision of housing accommodations or constitutes an economic or social liability and is s menace to the public health, safety, or welfare in its present condition and use. 3. An area in which there is a predominance of buildings or improvements which by reason of age, history, architecture or significance should be pre• served or restored to productive use, 1C81, §404.11 n.r.ned w m 12salo, tw.x, .o4.e. usar 404,2 Conditions mandatory, A city may oniyexer. else the authority conferred upon it in this chapter after the following conditions have been met: .2081, 1. The governing body has adopted a resolution Finding that the rehabilitation, conservation, redevelopment, or a combination thereof of the area is necessary in the interest of the public health, safety, or welfare of the residents of the city and the area meets the criteria of section 404.1. 2. The city has prepared a proposed plan for the designated revitalization area. The proposed plan shall include all of the following: a. A legal description of the real estate forming the boundaries of the proposed area along with a map depicting the existing parcels of real estate. b. The existing assessed valuation of the real es. tate in the proposed area, listing the land and building values separately. r. A list of names and addresses of the owners of record of real estate within the area. d. The existing zoning classifications and district boundaries and the existing and proposed land uses within the area. e. Any proposals for improving or expanding city services within the area including but not limited to transportation facilities, sewage, garbage collection, street maintenance, park facilities and police and fire protection. f.. A statement specifying whether the revitaliza- tion is applicable to residential, agricultural, commer- cial or industrial property within the designated ere& or a combination thereof and whether the revitaliza- don is for rehabilitation and additions to existing buildings or new construction or both. The city shall state how long it is estimated that the area shall re- main a designated revitalization arca which time shall be longer than one year from the data of designation and shall state any plan by the city to issue revenue bonds for revitalization projects within the area. g. The provisions that have been made for the re- location of persons, including families, business con- cerns and others, whom the city anticipates will be displaced as a result of improvements to be made in the designated area. h. Any tax exemption schedule that shall be used in lieu of the schedule set out in section 404.3, subsec. tion 1, 2,3 or 4. This schedule shall not allow a greater exemption, but may allow a smaller exemption, than allowed in the schedule specified in the corresponding subsection of section 404.3 and shall be the same schedule used for all property of the same classifica. tion located in an existing revitalization area. i. The percent increase in actual value require. ments that shall be used in lieu of the fifteen and ten percent requirements specified in section 404.3, sub- section 7 and in section 404.5. This percent increase in actual value requirements shall not be greater than that provided in this chapter and shall be the same requirements applicable to all existing revitalization areas. j. A description of any federal, state or private grant or loan program likely to be a source of funding for that area for residential improvements and a de. scription of any grant or loan program which the city has or will have as a source of funding for that sees for residential improvements. 3. The city has filed a copy of the proposed plan for the designated revitalization area with the city development board by the fourteenth day before the scheduled public hearing. URBAN REVITALIZATION TAX EXEMPTIONS, 1404.3 4. The city has scheduled a public hearing and notified all owners of record of real properly located within the proposed area, the tenants living within the proposed area and the city development board in ac• cordance with section 362.3. In addition to notice by publication, notification shall also be given by ordi. nary mail to the last known address of the owners of record. The city shall also send notice by ordinary mail addressed to the `occupants" of city addresses located within the proposed area, unless the city conn. cit, by reason of lack of a reasonably current and com- plete address list, or for other good cause, shall have waived such notice. Notwithstanding the provisions of section 362.3, Code 1979, such notice shall be given by the thirtieth day prior to the public hearing. 5. The public hearing has been held. 6. A second public hearing has been held if: a. The city development board requests, by certi. fied mail, a second public hearing within thirty days after receipt of the minutes of the first public hearing or, b. The city has received within thirty days after the holding of the first public hearing a valid petition requesting a second public hearing containing the sig. natures and current addresses bf property owners that represent at least ten percent of the privately owned property within the designated revitalization area or, c. The city has received within thirty days after the holding of the first public hffaring a valid petition requesting a second public healing containing the sig. natures and current addresseigf tenants that repre- sent at least ten percent of the itsidential unite within the designated revitalization aloe. At any such second publie'4earing the city may specifically request those in pjtendance to indicate the precise nature of desired changes in the proposed plan. 1. 7. The city has adopted the proposed or amended plan, as the case may be, for•the revitalization area after the requisite number of hearings. The city may subsequently amend this plan.Fy following the proce. dotes in this section. (C81, §404.21 Mand w in 1n&14, 444A 444A, 444.a 441.4 "A, 419.17 404.3 Basle of tax exemption. 1. All qualified real estate assessed as residential property is eligible to receive ap exemption from taxa- tion based on the actual value-added by the Improve. menta. The exemption is for a rod of ten years. The amount of the exemption is a l to a percent of the actual value added by the improvements, determined as follows: One hundred frften' percent of the value added by the Improvements. Ijhwever, the amount of the actual value added by thq;(mprovements which shall be used to compute the exemption shall not ex- ceed twenty thousand dollen and the granting of the exemption shall not result in J is actual value of the qualified real estate being reduced below the actual value on which the homestee4 credit is computed under section 425.1. 2. All qualified real estate is eligible to receive a partial exemption from taxation on the actual value added by the improvements. frhe exemption is for a period of len years. The amourif of the partial exemp. tion is equal to a percent of the actual value added by the improvements, determined as follows: Orr 0 i A 1404.3. URBAN ROITALIZATION TAX EXEMPTIONS I. u. For the first yedr, eighty percent. •(f b. For the second year, seventy percent. �i c. For the third year, sixty percent. d. For the fourth year, fifty percent. • t e. For the fifth year, forty percent. ' /. For the sixth yeiir, forty percent. g. For the severe year, thirty percent. 11 h. For the eighth year, thirty percent. i. For the ninth yoke, twenty percent. 1 j. For the tenth year, twenty percent. 3. All qualified reel estate is eligible to receive a one hundred percentijpeemption from taxation on the �I actual value added by'the improvements. The exemp. rf f tion is for a period ofithree years. 4. All qualified reef estate assessed as commercial 1 property, consisting of three or more separate living quarters with at least seventy-five percent of the f, space used for residential purposes, is eligible to re- ceive a one hundred percent exemption from taxation an the actual value added by the improvements. The j exemption is for a pefiod of ten years. �j 5. The owners of qualified real estate eligible for the exemption provided in this section shall elect to take the applicable ejemption provided in subsection 1, 2, 3 or 4 or provided in the different schedule ii adopted in the city bjpn if a different schedule has been adopted. Once the election has been made and the exemption granted, the owner is not permitted to change the method of.exemplion. 0. The tax exemption schedule specified in sub. section 1, 2, 3 or 4 shkil apply to every revitalization area within a city finless a different schedule is 1 adopted in the city plbn m provided in section 4M.2. 1 However, a city shall'not adopt a different schedule 1 I unless every revitalizdtion area within the city has the • same schedule applied to it and the schedule adopted "t. does not provide for a lhrger tax exemption in a partic. j3 ular year than is provided for that year in the schedule specified in the corresbonding subsection of this sec. tion. 7. "Qualified real estate" as used in this chapter and section 419.17 means real property, other than land, which is located in a designated revitalization area and to which improvements have been added, during the time the area was so designated, which have increased the actual value by at least the percent specified in the plan adopted by the city pursuant to section 404.2 or if no percent is specified then by at least fifteen percent, or at lent ten percent in the case Of real property assessed as residential property or I which have, in the can of land upon which is located more than one building and not assessed as residential property, increased the actual value of the buildings to which the improvements have been made by at lent fifteen percent. "Qualified real estate" also means land upon which no structure existed at the start of the new construction, which is located in a designated revitalization area and upon which new construction has been added during the time the area 44 was so designated. "Improvements" as used in this chapterand section 419.17 includes rehabilitation and additions to existing structures as well an new con. 1¢ struction on vacant land or on land with existing structures. However, new construction on land as. sessed as agricultural property shall not qualify as 'Improvements" for purposes of this chapter and sec. 2082 tion 419.17 unless the governing body of the city has presented justification ata publichearing held pursu. ant to section 104.2 for the revitalization of land as. sessed as agricultural property by means of new construction. Such justification shall demonstrate, in addition to the other requirements of this chapter and section 419.17, that the improvements on land as. sessed as agricultural land will utilize the minimum amount of agricultural land necessary to accomplish the revitalization of the other classes of property with. in the urban revitalization area. However, if such con- struction, rehabilitation or additions were begun prior to January 29, 1979, or one year prior to the adoption by the city of a plan of urban revitalization pursuant to section 404.2, whichever occurs later, the value added by such construction, rehabilitation or addi- tions shall not constitute an increase in value for pur• poses of qunlifying for the exemptions listed in this section. "Actual value added by the improvements" as used in this chapter and section 419.17 means the actual value added as of the first year for which the exemption was received. 8. The fifteen and ten percent increase in actual value requirements specified in subsection 7 shall apply to every revitalization area within a city unless different percent increases in actual value require- ments are adopted in the city plan as provided in section 404.2. However, a city shall not adopt different requirements unless every revitalization area within the'city has the some requirements and the require- ments do not provide for a greater percent increase than specified in subsection 7. (C81, §404.31 tt"r"o.a m in rosea 404.2. 4oa4, 4043, 404.a 419.17 404.4 Prior approval of eligibility. A person may submit a proposal for an improvement project to the governing body of the city to receive prior approval for eligibility for a tax exemption on the project. The governing body shall, by resolution, give its prior ap- proval for an improvement project if the project is in conformance with the plan for revitalization devel- oped by the city. Such prior approval shall not entitle the owner to exemption from taxation until the im- provements have been completed and found to be qualified real estate; however, if the proposal is not approved, the person may submit an amended pro- posal for the governing body to approve or reject. An application shall be filed for each new exemp- tion claimed. The first application for an exemption shall be filed by the owner of the property with the governing body of the city in which the property is located by February I of the assessment year for which the exemption is first claimed, but not later than the year in which all improvements included in the project are first anessed for taxation. The applica- tion shall contain, but not be limited to, the following information: The nature of the improvement, its cost, the estimated or actual date of completion, the ten- ants that occupied the owner's building on the date the city adopted the resolution referred to in section 404.2'subsection I, and which exemption in section 404.3 or in the different schedule, if one has been adopted, will be elected. The governing body of the city shall npprove the application, subject to review by the local assessor pursuant to section 404.5, if the project is in conform• once with the plan for revitalization developed by the 997 2083 city, is located within a designated revitalization area and if the improvements were made during the time the area was so designated. The governing body of the city shall forward for review all approved applications to the appropriate local assessor by March I of each year with a statement indicating whether section 404.3, subsection 1, 2, 3 or 4 applies or if a different schedule has been adopted, which exemption from that schedule applies. Applications for exemption for succeeding years on approved projects shall not be required. ICBI, §404.41 Rete n i bin 1368.10, 4011, 419.17 404& Physical review of property by assessor. The local assessor shall review each first-year applies - don by making a physical review of the property, to determine if the improvements made increased the actual value of the qualified real estate by at least fifteen percent or at least ten percent in the case of real property assessed as residential property or the applicable percent increase requirement adopted by the city under section 404.2. If the assessor determines that the actual value of that real estate has increased by at least the requisite percent, the assessor shall proceed to determine the actual value of the property and certify the valuation determined pursuant to me - tion 404.3 to the county auditor at the time of trans- mitting the assessment rolls. However, if a new structure is erected on land upon which no structure existed at the start of the new construction, the asses- sor shall proceed to determine the actual value of the property and certify the valuation determined pursu- ant to section 404.3 to the county auditor at the time of transmitting the assessment rolls. The axscasor shall notify the applicant of the determination, and the assessor's decision may be appealed to the local board of review at the times specified in section 441.37. If an application for exemption is denied as a result of failure to sufficiently increase the value of the real estate as provided in section 404.3, the owner may file a first annual application in a subsequent year when additional improvements are made tosatis- fy requirements of section 404.3, and the provisions of section 404.4 shall apply. After the tax exemption is granted, the local assessor shall continue to grant the tax exemption, with periodic physical review by the assessor, for the time period specified in section 404.3, subsection 1, 2, 3 or 4, or specified in the different schedule if one has been adopted, under which the exemption was granted. The tax exemptions for the succeeding years shall be granted without the taxpay. URBAN REVITALIZATION TAX EXEMPTIONS, §404.8 er having to file an application for the succeeding years. JC81, §404.51 Ilraird a, i" la6d.10, 4 W.2. 4W.4, 419.17 404.6 Relocation expense of tenant. Upon applica- tion to it and after verification by it, the city shall require compensation of at least one month's rent and may require compensation of actual relocation ex- penses be paid to a qualified tenant whose displace- ment is due to action on the part of a property owner to quality for the benefits under this chapter. Howev- er, the city may require the persons causing the quali- fied tenant to be displaced to pay all or a part of the relocation payments as a condition for receiving a tax exemption under section 404.3. "Qualified tenant" es used in this chapter shall mean the legal occupant of a residential dwelling unit which is located within a designated revitalization area and who has occupied the same dwelling unit continuously since one year prior to the city's adoption of the plan pursuant to section 404.2. 1C81, §404.61 aelerr.d b in Ix6e.10, 419.17 404.7 Repeal of ordinance. When in the opinion of the governing body of a city the desired level of revi- talization has been attained or economic conditions are such that the continuation of the exemption grant. ed by this chapter would cease to be of benefit to the city, the governing body may repeal the ordinance establishing a revitalization area. In that event, all existing exemptions shall continue until their expira. tion. 1C81, 1404.71 Watnd b in irbala 419.17 „ 404.8 Productivity—additional tax not applicable. Residential real estate located within an area desig- nated u a revitalization area pursuant to section 404.1, is not subject to the additional tax imposed by section 445.630. Agricultural real estate located within an area des- ignated as a revitalization srpp pursuant to section 404.1 may be exempt from the'gdditional tax imposed by section 445.63' at the disefption of the governing body of the city. However, before the governing body may exempt agricultural real pitate from the imposi- tion of the additional tax, it myst have present at the public hearing required to be held under section 404.2 evidence of the waiver of the imposition of the tax and the potential amount of the additional taxes that will not be collected. IC81, §404.81, • Wped,d by MCA. rh 1147, t1 , M 1427A.13. PERSONAL PROPERTY TAX CREDIT tion shall continue for each succeeding fiscal year. For the fiscal year, fpr which the ninth increase in the additional personal property tax credit becomes effec- tive as provided in this division, and for each succeed- ing fiscal year, the total appropriation shall be sixty eight million dollars per year. IC71, 73, §427A.8; C75, 77, 79, 81, 1427A.131 Refeoed b in 144Z2 2201 427A.14 Computing debt limitations. Fur the put - poses of computing all debt limitations for municipal- ities. political subdivisions, school districts and Hulot districts with respect to any debt incurred or proposed to be incurred after July 1, 1973, the actual value of all personal property ns defined in section 427A1 shall not exceed its actual value as of January 1, 1973. IC75, 77, 79, 81, §427A.141 R,rund in in 14422 CHAPTER 427B INDUSTRIAL PROPERTY—SPECIAL TAX PROVISIONS Rfbned In in 1221.402 DIVISION 1 INDUSTRIAL REAL RSTATE, MACHINERY. AND EQUIPMENT_ NEW CONSTRUCTION EXEMPTION 427B.1 Actual value added exemption from tax— Property subject to epecisl valuation. public hearing. 4278.2 Zoning under chapter 358A. 4278.3 Period of partial exemption. 427B.4 Application for exemption by property Property not eligible. owner. 427B.5 Exemptlon may be repealed. DIVISION I INDUSTRIAL REAL ESTATE, MACHINERY, AND EQUIPMENT—NEW CONSTRUCTION EXEMPTION 4278.1 Actual value added exemption from lex— public hearing. A city council, or a county board of supervisors as authorized by section 427B.2, may pro. vide by ordinance for a partial exemption from prop• erty taxation of the actual value added to industrial real estate by the new construction of industrial real estate and the acquisition of or improvement to me. chinery and equipment ame,sed as real estate pureu• ant to Section 427A.1, subsection 1, paragraph 'e'. New construction means new buildings and Structures and includes new buildings and Structures which are constructed as additions to existing building, and structures. New construction does not include recon• struction of an existing building or structure which does not constitute complete replacement of an exist. ing building or structure or refitting of an existing building or structure, unless the reconstruction of an existing building or structure is required due to eco• nomic obsolescence and the reconstruction is notes• eery to implement recognized industry standards for the manufacturing and processing of specific products and the recomlruclion is required for the owner of the building or structure to continue to competitively 42713.6 Dual exemptions prohibited. 427B.7 to 4278.9 Reserved. SPECIAL VALUATION PDIVISION 11 OR MACHINERY AND COMPUTERS 427B.10 Property subject to epecisl valuation. 4278.11 Aexuor duties. 4278.12 Reimbursement 4278.13 Appropriation. 4278.14 Property not eligible. manufacture or process those products which deter- mination shall receive prior approval from the city Council of the city or the board of supervisors of the county upon the recommendation of the Iowa devel• opment commission. The exemption shall also apply to new machinery and equipment assessed a, real ev tate pursuant to section 427A.1, subsection 1, pan• graph's', unless the machinery or equipment is put of the normal replacement or operating process to maintain or expand the existing operational statue The ordinance may be enacted not less than thirty days after a public hearing is held in accordance with section 358A.6 in the case of a county, or Section 3623 in the case of a city. The ordinance shall designate the length of time the partial exemption shall be available and may provide for an exemption schedule in lieu or that provided in section 4276.3. However, an Sheme• tive exemption schedule adopted Shall not provide for a larger tax exemption in a particular year than it provided for that year in the schedule Contained in section 4278.3. 1C81, §427B.1; 82 Acta, ch 1104, §201 I"(' d b 1"140B 2- 4V"- 42711.4. 42705, 4270.14 4278.2 Zoning under chapter 358A. I. The board of supervisors of a county which has nppointed a county zoning commission and provided for county zoning under chapter 358A may provide for a partial exemption from property taxation of the ac• tual value added to industrial real estate as provided under section 4276.1. 2207 INDUSTRIAL PROPERTY—SPECIAL TAX PROVISIONS, §427B.10 2, The hoard of supervisors of a county which has not appointed a zoning commission may provide for s partial exemption from property laxation of the ac. tual value added to industrial real estate as provided under section 4276.1 in the following areas: a. Outside the incorporated limits of a city to which u city has extended its zoning ordinance pursu. ant to section 414.23 which complies with the city's zoning ordinance. b. Outside the incorporated limits of a city which has adopted a zoning ordinance but which has not extended the ordinance to the area permitted under rection 414.23 if the property would be within the area to which a city may extend a zoning ordinance purse. ant to section 414.23. c. Outside the incorporated limits of a city which has not adopted a zoning ordinance but which would be within the area to which a city may extend a zoning ordinance pursuant to section 414.23. 3. Thu board of supervisars of a county which has not appointed a zoning commission may provide for a partial exemption from property taxation of the ac. tual value added to industrial real estate as provided under section 4276.1 in an area where the partial ex- emption could not otherwise be granted under this chapter where the actual value added is to industrial real estate existing on July 1, 1979. To grant an exemption under the provisions of this section, the county board of supervisors shall comply with all of the requirements imposed by this chapter upon the city council of a city. (C81, 1427B.2; 82 Acta, d11104,§21-231 r+lmed min 14ra.1. 42711.11 42713.3 Period of partial exemption. The actual value added to industrial real estate for the reasons specified in section 427B.1 is eligible to receive a par- tial exemption from taxation for a period of five years. -Actual value added" as used in this chapter means the actual value added as of the first year for which the exemption is received, except that actual value added by improvements to machinery and equipment means the actual value an determined by the assessor as of January I of each year for which the exemption b received. The amount of actual value added which is eligible to be exempt from taxation shall be as fol- lows: o. For the first year, seventy-five percent. b. For the second year, sixty percent c. For the third year, forty-five percent d, For the fourth year, thirty percent. e. For the fifth year, fifteen percent. This schedule shall be followed unless an alterna- tive schedule is adopted by the city council of a city or the board of supervisors of a county in accordance with section 427B.1. However, the granting of the exemption under this section for new construction constituting complete re- placement of an existing building or structure shall not result in the assessed value of the industrial real estate being reduced below the assessed value of the industrial real estate before the start of the new con- i wr:tn.e madde271i.1,42B7B. §4278.31 4278.4 Application for exemption by properly owner. An application shall be filed for each project resulting in actual value added for which an exemp. tion is claimed. The application for exemption shall be filed by the owner of the property with the local asses- sor by February 1 of the assessment year in which the value added is first assessed for taxation. Applications for exemption shall be made on forms prescribed by the director of revenue and shall contain information pertaining to the nature of the improvement, its cost, and other information deemed necessary by the direc. tor of revenue. A person may submit a proposal to the city council of the city or the board of supervisors of a county to receive prior approval for eligibility for a tax exemp. tion on new construction. The city council or the board of supervisors, by ordinance, may give its prior approval of a tax exemption for new construction if the new construction is in conformance with the zon- ing plans for the city or county. The prior approval shall also be subject to the hearing requirements of section 4278.1. Prior approval does not entitle the owner to exemption from taxation until the new con- struction has been completed and found to be quelf- fied real estate. However, if the tax exemption for new construction is not approved, the person moy submit an amended proposal to the city council or board of supervisors to approve or reject. (CBI, §4278.4; 82 Acts, ch 1104, §241 Befened in in 14270.14 4278.5 Exemption may be repealed. When in the opinion of the city council or the county board of supervisors continuation of the exemption granted by this chapter ceases to be of benefit to the city or coun. ty, the city council or the county board of supervisors may repeal the ordinance authorized by section 427B.1, but all existing exemptions shall continue until their expiration. [C81, §4278.51 ' Refereed m in 14270.1 427B.6 Dual exemptions prohibited. A property tax exemption under this chapter shall not be granted if the property for which the exemptioifis claimed has received any other property tax exemption authorized by law. IC81, §427B.61 Refensd m In 14278.14 4278.7 to 4278.9 Reserved. DIVISION II SPECIAL VALUATION FOR MACHINERY AND COMPUTERS Ses2io,u 4278.10 In 4x78.14 nUwd,. m Dene,Eer 21.1881: 87 Aa eh 1072.122 427B.10 Properly subject to special valuation. For property defined in section 427A.1, subsection 1, pnr- agraphs 'e' and j' acquired or initially leased after December 31, 1981, the taxpayer's valjlalion shall be limited to thirty percent of the net acgplaltlon cost of the properly. For purposes of this section, 'net acqui- sition cost" means the acquired coat of the properly including all foundations and installatign cost leas any excess mat adjustment. ' For purposes of this section and sectiops 4278.11 to 4278.14: 14276.10, INDUSTRIAL PROPERTY -SPECIAL TAX PROVISIONS 1. Property asae411 syed by the department of reve• nue pursuant to sections 428.24 to 428.29, or chapters 433, 434 and 436 to 438 shall not receive the benefits of this section and4eeetions 4278.11 to 4276.14. 2. Property acqulied on or before December 31, 1981 which was owtii$d or used on or before December 31, 1981 by a related person shall not receive the bene• fits of this section end sections 4278.11 to 4276.14. 3. Property acquired after December 31, 1981 which wait owned ad used by a related person shall not receive any additlhnal benefits under this section 4. Property whilh'was owned or used on or before December 31, 1981 and subsequently acquired by an exchange of like property shall not receive the benefits of this section and stiction 427B.11 to 4278.14. 5. Property which was acquired after December 31, 1981 and subseguehtly exchanged for like property shall not receive any. additional benefits under this section and sections 4278.11 to 427B.14. 6. Property acquired on or before December 31, 1981 which is subsequently leased to a taxpayer or related person who previously owned the property shall not receive the benefits of this section and sec. tions 427B.11 to 4276.14. 7. Property acgdlipd after December 31, 1981 which is subsequentlj, leased to a taxpayer or related person who previot*,owned the property shall not receive any additional benefits under this section and sections 4276.11 to 4276.14. For purposes of thio section,'related person" means a person who owns of controls the taxpayer's business and another business entity from which property is acquired or leased di to which property is sold or leased. Business enti4es are owned or controlled by the same person if the nine person directly or indi. rectly owns or controls fifty percent or more of the assets or any class of efock or who directly or indirect. ly has an interest of fifty percent or more in the owner.. ship or profits. 182 Acta, ch 1023, 120, 331 Rer.rnd b 1n IITTB.11, 47111.13.4771114 This nartion wro"ve in Danwber 31. 1981, ran, proP.try .Nnir.d a WW fW tbtdab, 82 Ac ch 1023,120,M 427B.11 Assessor Lies. On or before July I of each year, the assessor shall determine the taxpayer's value of the property specified in section 427B.10 and the value at which the property would be assessed in the absence of sections 4278.10 to 4278.14, and report the values to the county auditor. On or before July 1 of the following year the county auditor shall prepare a statement listing for each tax• ing jurisdiction in the county. 2208 1. The difference between the assessed value of property defined in section 427A.1, subsection 1, par- agraphs W and "j' and assessed pursuant to section 427B.10 as of January I of the preceding year, and the value at which the property would be assessed in the absence of sections 427B.10 to 4278.14. 2. The tax levy rate for each taxing jurisdiction levied against assessments made as of January I of the previous year. 3. The machinery and computer tax replacement claim for each taxing district, which is equal to the amount determined pursuant to subsection I of this section, multiplied by the tax rate specified in subsec- tion 2 of this section. The county auditor shall certify and forward one copy of the statement to the state comptroller not later than July 1 of each year. 182 Acts, ch 1023, 121, 331 1W,nd min 142',B. 10.42: HA 2. 427B. 13. 427B. 14 Thu,ection retmanive to Ihcemb,r 31, 1981, for pnprtty amm"d e, Iniad after that date; 82 Acta, ch 1021.121.33 4278.12 Reimbursement Each county treasurer shall be reimbursed an amount equal to the machin- ery and computer tax replacement claim for that county determined pursuant to section 427BA I, sub- section 3. The reimbursement shall be made in two equal installments on or before September 30 end March 30 of each year. The county treasurer shall apportion the disbursement in the manner provided in section 445.57. 182 Acta, ch 1023,'122, 331 Rafemd m In 111113.10, 47711.11. 41111.13, 427B.14 Thu it.. retnuttiv. In nenmbw 31, 1991, for proper atguind w kaud afbr that dab; 92 Atte, th t021,122.23 4278.13 Appropriation. There is appropriated An- nually from the general fund of the state to the state comptroller an amount sufficient to carry out the pro- visions of sections 427B.10 to 427B.14. 182 Acta, ch 1023.§23,331 R4hnd m In N278.10, 4TTBA 1. 427H.14 Inds WtW nutnmt1 a m Dmmber 31, net for property acgaind baud Wr, that date; 82 Ana, ch 1023, Iv, 33 427B.14 Property not ellgible, Propertydeftnedin section 427A.1, subsection 1, paragraphs 'e' and and assessed under sections 427B.10 to 427B.I4 dub not be eligible to receive a partial exemption under sections 42713.1 to 427B.6. 182 Acts, ch 1023, §24,331 Raf.Oad to In 141111.10, 4270.14 411013 This union r.lraective In Denmb r 31. ]MI. an, prepnyq" In stud after that dab; 92 Atte, ch 1027,124,11 X97 9 '1 Commercial Issues Issued: CITY OF IOWA CITY INDUSTRIAL DEVELOPMENT REVENUE BOND ISSUES AS OF 12-21-83 1980 Younkers $ 1,600,000 1981 Stephens 100,000 1981 Lenoch & Cilek 150,000 1981 Rosja 70,000 1981 Cards et Cetera 100,000 1981 Michael J's 150,000 1981 Mark Henri 70,000 1982 Henri Louis, Inc. 95,000 1982 Marcia Kay Roggow 165,000 1982 I.C. Brown Bottle 460,000 1982 Juceco 100,000 1982 Ralston Creek Apt. 2,000,000 1983 -The Williams Company 500,000 1983 Iowa State Bank & Trust 2,500,000 1983 Pipeyard Partners 550,000 1983 Gene Kroeger 225,000 1983 Outlot 25 Addition Assoc. 650,000 1983 Lyman Addition Assoc. 900,000 1983 Viva Investments 5001000 $ 10,885,000 Memorandum of Agreement Signed - Bond Sale Pending: Mid -City Hotel $ 10,000,000 Application Received: Gilbert Towers $ 850,000 COMMERCIAL ISSUES TOTAL $ 21,735,000 Health Care Facility Issues Issued: 1983 Mercy Hospital $ 19,975;000 1983 Mercy Hospital, Refunding Bonds 24,235,000 1983 Systems Unlimited 360,000 $ 44,570,000 Memorandum of Agreement Signed - Bond Sale Pending: Wallace, Rosenberger, Hackbarth $ 619,670 HEALTH CARE FACILITY ISSUES TOTAL $ 45,189,670 ,R97 r / Industrial Issues Issued: 1969 H.P. Phillips 1980 E.B. & A.C. Whiting 1982 Thomas & Betts 1982 Doe Beverage 1983 Blooming Prairie Warehouse 1983 Millard Warehouse (Series A) 1983 Millard Warehouse (Series B) INDUSTRIAL ISSUES TOTAL GRAND TOTAL ALL ISSUE TYPES KI 9) $ 4,375,000 1,500,000 5,400,000 434,000 363,000 1,400,000 700,000 $ 14,172,000 S 81,096,670 ,;?17,7 HAY HAYEK, HAYEK a HOLLAND ATTORNEYS AT LAW 110 CAST WASHINGTON STREET IOWA CITY, IA 52240.397E TELEPHONE (319) 337.9606 ..zU , (Ft 2 13 nom- 0 1 /03- 9/LV5?Vi) &)J /v) AL v ua rats COMPUTATION OF TAXABLE INCOME #� (a) It has reached a degree of completion which would permit operation it substantially the level for which it is designed, and (b) It is, in fact, in operation at such level. For example, a newly constructed air pollution control facility for a manufacturing plant is not first placed in service within the meaning of this subdivision merely as a result of its initial operation at an air pollution abatement level substantially below that contemplated for the completed facility. (iii) If the original use of a facility com- mences (or the acquisition of a facility occurs) on or after the date of issue of obligations issued to provide such facility, the facility is described in this subdivision if a bond resolu- tion with respect to such obligations had leen adopted by, or some other similar official action toward the issuance of such obligations had been taken by, the issuer of such obligations prior to the commencement of the construction, reconstruction, or acquisition of such facility. Temporary construction or other financing of it facility poor to the issuance of State or local 6overinmental obligations to provide such facili. ty will not cause such facility to be one which is Idescribed in this subdivision. (iv) If the original use of a facility com. mences prior to the datt' of issue of the obliga- tions issued to provide such facility, the facility is described in this subdivision if no nonexempt person or a related person (as defined in section 103(c)(6)(C) ;unit paragraph (c) Of § LI(i3- 10)— (a) Who was a substantial user (within the meaning of § 1.103-11) of such facility at any time during the 5 -year period preceding the date of issue of such Obligations, and (b) Who receives, directly or indirectly, pro. ceeds of the issue Of obligations In question in an amount equal lac 5 percent or more of the face amount of the issue (in payment for his interest in such facility) will be a substantial user of such facility at an%, time during the 5 -year period following such date of issue. (v) A facility shall not be treated as one not described in subdivision (iv) of this suhpara- Internal Revenue Code references § 1.1034 graph by reason of the use of the facility by such substantial user prior to the date of issue of the Shale or local obligations issued to pro- vide the facility, provided that a hond resolu. tion or other similar official action was taken by such issuer with respect to such obligations (:I) prior to the commencement of the construe. Lion, reconstruction, or acquisition of such facil- ity and such obligations are issued within 1 year after the entire facility was first placed in service or was acquired (wliichever occurs last), or (b) in the case of a facility which is described in subdivision (ii) of this subparagraph, prior to the date the entire facility is first placed in service. See subdivision (ii) of this subpara. graph for rules for determining when an entire facility is first placed in service. The provi- sions of this subdivision shall not apply with respect to an acquisition if :any substantial user ur a related person after the d:uc Of such acquisition wai a substantial user before the date such bund resolution or other similar offi- cial action by such issuer was adopted. (6) Example. The principles of this para- graph may be illustrated by the following ex- ample: Example. Stat? A i.muts, its lands and plans to use substantially all of the pnle sus (runt such land issue to purchase land and build a facility which will 1w for ane of the purpoa :s d1m1•rilN41 in s1x•lion 119IIcM4) aril this section. Thr arringeuwal pmcidrs Ilial 111 .t "ill incur INmds the prik-co s of which (after deducting Wend election costs, oetts of publishing notion, atlornevt' fees, printing closet, Iristn:r' fret for fi.a;d agents, amt similar ex(rn..la) will hr ,"O nulliun; ("I iN million of Ill.- pnNrr.l, of lh. Inml 1-111• will IM IIaIYI to purchase land unit to mnslrucl such farility; (3) $2 million of the proceeds will IN: used for an unn•lated farility which will IN- I,sell IqX. a nonexempt lemon, in a suparalr trade or husiness unit fur a purpose nal dcscrilavl in section IICI(rM•1) or (5); (4) X will rent lath facilities fur 20 years at ;in annual rental olryal In the auonutt neecssuq• it, amortize the principal and pay the interest on the outstanding hnnds; and (5) such payments 11r X and lila facilities will be the security for the lands. (fn Ih1me farts, subslanliuft all of the preratls will la uaatl ill rvinmelion with an exvngd faciliv d1•srrilwd in section IIRMra4) and this section. Accordingly, section I(Ncyn 111N.m not :apply to the lands unless such lands are thuruafl- er held by a Iersun who is u substantial user of the facilities or a related IN•rson within the meaning of section to;MhMsl an11 § I.IM 11. (h) Residential rental properly -(I) Gener• al rule for obligations issued after April 24, 1979. Suction 103(h)(1) shall not apply to any obligation which is issued after April 24, 1979, are identical to 26 U.S.C.A. sections 509 § 1.103-s and is part of an issuesubstant i;toy all of the are owned for Federal tax purposes by the Proceeds of which are to be used to provide a same person and if the buildings are financed residential rental project in which 20 percent or pursuant to a common plan. more of the units are to be occupied by individ- uals or families of low or moderate income (as (b) Buildings are proximate if they lire locat. defined in paragraph (b)(80) of this section). ed on a single tract of land. The term "tract" In the case of a targeted area project, the means any parcel or parcels of land which are minimum percentage of units which are to lic contiguous except for the interposition of e occupied by individuals of low or moderate road, street, stream or similar property. Oth- income is 15 percent. See generally § 1.103-7 erwise, parcels are contiguous if their lounda. for rules relating In refunding issues. ries meet at one or more points. Lion (including requirement. Any o I a- (c) :1 common plan of fimmring exists if, fur ( e xray refunding obligation) issued example, all such buildings are pro iderl by the after December 31, 1981, to provide a residen- same issue or several issues subject dp a cnm- tial rental project must he issued as part of an neon indenture. issue, each obligation of which is in reg sacred sectionn).). form defined in paragrraph (b)(8)(ii) of this (iii) Functionally related and subordinate facilities. Under paragraph (a)(3) of this te lion, facilities that are fua functionally related and subordinate to residential rental projects in- clude facilities for use by the tenants, for ex- ample, swimming pools, other recreational fa- cilities, parking areas, and other facilities which are reasonably required for the project for example, heating and cooling equipment, trach disposal equipment or units for resident managers or maintenance personnel. (h') Owner -occupied residences. For pur- poses of section 103(hN4)(A) and this paragraph (b), the term "residential rental project" does not include any building or structure which contains fewer than five units• one unit of which is tecupiasl by an owner of the units. (5) Requirement must be continuously sat. isfied—(i) Rental requirement Once availa. ble for occupancy, each unit (as defined in paragraph (b)(8)(i) of this section) in a residen. tial rental project must be rented or available for rental on a continuous basis during the longer of— INCOME TAX REGULATIONS (3) Transitional rule. For purposes of this section obligations issued after April 21, 1979, may to treated as issued before April 25, 1979, if the transitional requirements of section 110.1 of the Mortgage Subsidy Bond Tax Act of 1980 (94 Stat. 2670) are satisfied. (4) Residential rental project. (i) In gener- al. A residential rental project is a buildingg or structure, together with any functionally relat- ed and subordinate facilities, containing one or more similarly constructed units— (a) Which are used on other than it transient basis, and (b) Which satisfy the rIluirements of para. graph (b)(5)(i) of this section and are available to members of the general public, in accordance with the requirement of paragraph (a)(2) of this section, Substantially all of each project must contain such units and functionally related and subor- dinate facilities. Hotels, motels, dormitories, fraternity and sorority houses, rooming houses, hospitals, nursing homes, sanitariums, rest homes, and trailer parks and courts for use on a transient basis are not residential rental projects. (a) the remaining term of the obligation, or (b) the qualified project period (as defined in Paragraph ND of this section). (ii) Multiple buildings. (u) Low or moderate Income occupancy re - buildings or structures (hereinafterro"builde muoderatc incomevmluslls or occupy tnmhats of low percentage arestr which have similarly conslrucletl units of completed units in such 'ect applicable I tro are treated as port of the same project if they the project under paragraph (bNl) this sec. Kept to date by U.S.Code Congressional and Administrative News Pamphlets 510 17 COMPUTATION OF TAXABLE INCOME. tion continuously during the qualified project Period. tpurpose, h .ttlbyanor family aheconmenciedemnt of the occupancy is of low or moderate income is treated as occupied by such an individual or family during their tenancy in such unit, even though they subsequently cease to be of low or moderate income. Moreover, such unit is treat. cd as occupied by an individual or family of low or moderate income until reoccupies{, other than for a temporary period, at which time the character of the unit shall be redetermined. In no event shall such temporary period exceed 31 days. (6) Effect of post. - Issuance noncompliance —(i) In general. Unless corrected within : reasonable period, noncompliance with the re quirements of this paragraph (b) shat cause lila Project to be treated as other than a project describe) in section 103(b)(4)(A) and this paragraph (b) as of the (late of issue. After an issue to provide such project ceases to qualify, subsequent conformity with the re. quirements will not alter the taxable status of such issue. rrection issuter corrects anyononcompliance larising front events occurring after the issuance of the nhli- gation within a reasonable period• such non. compliance (e.g., an unauthoriztnl sublease) shall not cause the project to he a project licit descrilel in this, paragraph (b)is at. A rutsunabk firstxliscovered lir b ouhl havda 5 e beener discerror v rt, j by the exercise of reasonable diligonca. (iii) Involuntary loss. (a) The requirements of pnragraFI (b) shall cease in apply to a Project in the event of involuntary noncompli- ance caused by fire, seizure, requisition, fnrc- closure, transfer of title 1>y Jecd in lieu of foreclosure, change in a Federal drew or ;cit action of a Federal agency after the dale of issue which prevents an issuer from enforcing the requirements of this paragraph, or condom. nation or similar event but only if, within ;t reasonable period, either the obligation user) to Provide such project is retired or amounts re• reived as a consequence of such event are used to provide ;t project which meets the reqused ment of section 103(bx4 (b). § 1.103--8 4ons for uf(this 11) sectti n shall cease to upply to p(roj)ect subject to foreclosure, transfer of title by (Iced in lieu of foreclosure or similar event if, at anytime during that part of the qualified Project period subsequent to such event, the oblide intvl ior n §h 1.10,1 1 Purpose tu r1v oor a lionrel(as pcnnn pts dt,fincsl in § )1.103--10(c)) obtains an anises. ip iulcrest in such project for tax pur. Poises. (7) (lualified projeet period. The term "qualified project period" means— (I) For 1979, an 1 prior torons jupteml lr 4,fter 1982Aatril SI, eriosl of I�0 tears rnmmcncing nn the later of the date that tilt, project )µ"•cines available for oceupao?• or tilt, (late of issue of the obligo. %duns. The requirement of p:u•agryph (b)(5)(ii) of this sectian "hull he deemed met if the owner of the project contracts with a Fcelcral or state agency to maintain at least 'LD percent for 15 percent is the rase of targeted areas) of the units far Ina' or moderate income individu- als or families (as defined in paragraph (I)Wigc) of this, secti(In) for 20 %•cars in consid• eratiort for rent subsidius for such individuals lir families for such period. (ii) Fur ubliga'ions issut,d after September:;, 1982, :t period beginninti' on the [offer of lila tint day un which at hast 10 percent of the units in the prolert are tint nrrupicd or lilt, Jade of issue of aw nwigatian (luseriln:(I in sec. lion 103(b)(4)(AI and this paragraph and end- ing on the )aloe of the date— (:t) Which is Il) N -ear, after pile duo on which at least 50 percent of the units in the project are first occupied. (b) Which is :I qualified number of days af- ter the late nn which ally cif the units in the Project is first occupied, or ruspuUt to the Project�un Ieresectiontsed 8 of the United SL•eles Housing Act of 19:37 terminates. )(A) and this paragraph For purposes of this paragraph (b)(7)(ii), the -- _ term "qualified number of (I"Ys" Internal Revenue Coda references are id tical to 26 U•S.C.A, seetinne% means 50 511 I, § 1.103-s percent of the total number of days comprising the term of the Obligation with the longest maturity in the issue used to provide the project. In the case of a refunding of such an issue, the longest maturity is equal to the sum of the period the prior issue was outstanding and the longest term of ;my refunding obligao- tions. (8) Other definitions. For purposes of this paragraph— (i) Unit. The term "unit" means any accom- modation containing separate and complete fa- cilities for living, sleeping, eating, conking, and sanitation. Such accommodations mar be served by centrally located equipment, such as air conditioning or heating. Thus, for example, an apartment containing a living area, a sleep- ing area, hathing and sanitation facilities, and cooking facilities equipped with ;t cooking range, refrigerator, and sink, all of which ;aro separate and distinct from other apartments, would constitute a unit. (ii) In registered form. The term "in regis- tered form' has 1.110 same meaning its in section 6049. With respect to obligations issued after December 31, 1982, such term shall have the same meaning as prescrilaed in section 103(j) (including the regulations thereunder). (iii) Targeted area project The term "tatr- geled area project' means a project located in a qualified census tract (as defined in § Ga.103A-2(b)(4)) or an area of chronic eco- nomic distress (as defined in § 6a.103A- 2(b)(5))• (iv) Building or structure. The term "building or structure" generally means it dis- crete edifice or other man-made construction consisting of an independent foundation, outer walls, and roof. A single unit which is not an entire building but is merely a part of a build- ing is not a building or structure within the meaning of this section. As such, while single townhouses are not buildings if their founda- tion, outer walls, and roof are not independent, detached houses and rowhouses are buildings. INCOME TAX KF.CUI.ATIf)N5 minations of lower income families under sec- tion 8 of the United States Housing Act of 1937, as amended, except that the percentage of median gross income which qualifies as low or moderate income shall be 80 percent. Therefore, occupants of a unit are considered individuals or families of low or moderate in- come only if their adjusted income Icumputed in the manner prescribed with § 1.167(k) - 3(b)(3)) does not exceed 80 percent of the medi. an gross income for the area. Notwithstanding the foregoing, the occupants of a unit shall not be considered to he of low or moderate income if all the occupants are students (as defined in section 151(e)(•i)1, no one of whom is entitled to file a joint return under section 6013. The methal of determining low or moderate income in effect on the date of issue will lie determina- live for such issue. even if such method is suhsequen0v changed. In the event programs under § t;(f) of the Housing Act of 1937• as amended, arc terminated prior to the date of issue, the applicable method shall be that in effect immediately prior to the date of such termination. (9) Examples. The following examples it ustrate the application of this paragraph (b) Example (I). In Anynast IN2, Vita' X issues fl0 million of registered lends with a term of 00 )ears to be, uas•d to finance the conlrurtian of an apartment building to be available to memlrn of the general public. X Inns the proceeds d the hinds to Coris,ruliun M. the lax own, r of the project. The Ivan is .soured by a prnmisss,ry• nate from N and a morlga(,v on the project. The mortgsFre requires annual payments sufficient to amortize the prinri;xd and interest on the land.. Corporation 1t maintain: sn pvrcenl of the units in the project for low or moderate income individuals and meets all of the requirements of this sec• lion until 2002, ;it which time H converts the project to offices. The heals are industrial development lands, but because the proceeds aro used for construction of residen• tint rental pmlKaty, which is an exempt facility under suction l0bg4)(A)and pamgriph (b) of this section, *vc- tion I(rgbyl) does not apply. Example (2). The facts are the same as in ,•xample (1). except that the building is constructed adjacent to it farto- ry and the factory empinyces arc to be given preference in selecting tenants. The bunds are industrial development bonds and the faciliq is not an exempt facility under section 103(h)(4)(A) and paragraph (b) of this scrtion be- cause it is not a facility coatrucleil for use by the general public. ample (a). The facts are the same as in example (1), pt that the pnwreds of the obligation are provided to cooperative housing corpornlinn, to finance the con• tion of a cooperative housing project. N sells stock in (v) Low or moderate income. Individuals Ex and families of low or moderate income shall be N a determined in a manner consistent with deter- siren• Kept to date by U.S.Code Congressional and 512 Administrative News Pamphlets A9% COMPUTATION OF TAXABLE INCOME such cooperative to shareholders, wine of whom occupy the units in the cuola:rative and some of whom rent the units to other persons. Such project is not a residential rental project within the meaning of section 103(b)(4NA) :anti § 1.103-156) because less than all of the units in tilt - building are used fur rental. Further, the lands art, mort- gage subsidy bunds under section IU3A because more than a significant portion of the proceeds are used to provide financing for residences, some of which are owner -occupied and some of which are used in the trade tar business of rental. Example (4). On February 1, 19M, t'uumv % i+sues registered obligations with a term of 3 years and loans the proveeds to ("orpwralion V to construct a garden al nrtmenl pnaject fur lenunta who are 6.5 years or odder. The mort. gage on the prajecl secures the loan. At the end of 3 years, V olttoins permanent financing for the projerl from a commercial lender. The project is not a targeted area project. V has not contracted with any Federal or slate agency to provide rental assistance under section 8 of the Unitel States Housing Art of 1937. As a cumlaint, for providing financing for construction, 'L requires that the deed to the projerl cananin a covenant that reluires the project lie used her elderly lennnla and reArirl, u•enpancy of :4) lovrcenl of the units in the prrmject to individuals tar fumihes of low or moderate income. Further, the decd provides that "Ruch covenant shall run with and hind the l;,ml. from the date that ten Iwreenl of the units in the project are tint occupied until ten ycan after the dale that at least half the units are tint occupied. The right to enforce those restrictions is vested in County Z." In 1990, however, less than 210 Ivrront of the unto art' aoccupied by hunilie, or individuals of Inw• tar maalerae income,, and throe months artier learning of this condition Fuunty % had nut commenced enforcement of the covenant. Although on the We tat io,ue the pnwaxla of the obligation wen• rood to provide a residential rental project, the obligation will n-1 la• treated as providing a residential rental project within the m -:ming of section IW(bN.INA) as of February 1, 1981. termer the project did not meet the n•quiremenls ,of this paragraph for at least 10 )cars :after at lead 50 pa•rrent of the units are first wrupiel. Example (5). On Jamar} 15, IM, State X iswes regis- tered obligations with a titin of 15 ycan, the pna•eeda of which :are maned to Corporation P to construct an apart. ment building. The project will be a '•targeted arca project". within the meaning of § LlU04gIrNNNiii). Cure* ration P intends to rent all the units to individuals fur their neidences, maintaining 15 percent of the units in thio project fur Individuals having low or maalur to incomes, to 15 years. In 1988. however, Cnrloratinn P converts 80 pa•rcenl of the units to condominiums. Cogavalion 1' re. pay, the loan to State X which, in turn, redeems the ohligalion. The obligations are not used to provide a residential rental project within the meaning of section 103(b)(4gA), and all the interest paid tar to be paid on such obligations will Io includable in ou income § 1.103-8 first occupants of the project commence their tenancies. Al IvaA 50 lwrcenl of the units in the project are pool un July 1, 19M. Oil Jnnuarc 15, 1988, % issues Xi-year hands the pnw)els of which arc used to retire the obligations issued in 1941. 'the prior is -rte will he discharged by March 15, 19M. les nnl-r to all the requinim-nt of § I.1113 FI hX5Nd1, al lead M pa•nent of such units mused lie,acullied by individuals of low or melerale income until January• 1, Y00:a. Example (7). The farts eve the same as in -sample (6) except that in 1981, Ills apartment building is sobstaulliallc dwtru yed by fir-. The budding was insured at its fair mark -t value. 11 dews nut intend ha reconstruct the build- ing but uses a lavlion of th- inner:ore pnax•rds to repay the unpaid h dillav of the novlgage. % uses this amount to redeem the outstanding Nails ;it the first available call date. Sinn the project was sulislantiably destroyed by fire and the outstanding Iamdx are r-tirud at the first available call dale, the requirements of section IO:gL11 O(A) and this paragraph (h) are- satisfied with resiact ha the uldilraoins. Example (8). q'In• fart. are the same as in esampiv (61 exeela that in 1987 U def.colts an the nartgage, ;anti obtains title to the project without Instituting fantiosure proceedings. % u•Ils the pati -rt to S :and use the pmreeds to retire the uutstruJing I,od; Since S did nut obtain the project with ubligntiuns ah•m-ribed in ,s -tion 101(65.1). 8 is nut mluired to nucet the reluin•mrnts of section Itt5hN45d) and this poragrgah. Further, the 1981 obligx- lions are obligations dt-w•ritol in section ](91(hX49A). Example (9), In Seplcn0wr 108:1, State 1V uesues sit) million of regimend howls with a term at 3 year,, the prwerds of which ;art -les lie teamed h. 0wixor; lion V les finance the construction of an ;apartment building in a rued community. At the end of 3 years. V oltains pscrma. nent financing tom Federal Agency T. Agency T will not allow the deed les camnuu :any restrictive covenant relating to the use of the pr,ajcel. lender Federal law, however, T requires that V maintain :di of lilt- wails in the projerl fur rental les low -in m�u• Lvnuu -kers for the ta:rm of the mortgage, which is 211 years. Further, the mortgage Ia:• tween T and V pnnides that if T dt-h�nnincs that Inw'-in. come honeing is an long,r required in the cammunity in which the project is ronstrurh d then the repayment of the mortgage may III, acceler ted. T determines as of the date of issue that Inw•iorome bowing will Ian needed in the community fair at lesel'AI years. In 11187, the project hails les meet tilt: roquin•mont, of ,eclion 1.!!1:4 wh555ii1, relat- ing to uc)up;mey he imhvirt.als or families of low air madt-rute inviolate FurOwr. T dams not require V to currerl the failure. Mould an the h,regoing, the lands issued by R' will hr trean.! as da,rrila•d ata svrtinn HOlnagH A). Example (10). The facts are the same as in example l91 except thiel in 1997, the Fodvra) law is amended to provide that Agency T may tint enforce its low-income orrnpancy requirement. 'the result is the same. gr . It. Example (11). The facts are the same As in example (9) Example (6). On January 1.5, 1931, Slate y, issues regis- except that in 1957 Agency T delt-nnine.: that due to a terid obligations with a term of 15 ycan the proceeds of change in circum,l;ores in the conlmunip in which the which will by used to acquire and renovate a residential project is located luw•inenme rental housing is no longer spsrtment building. 2 sells the project to Corporation U required. As such, T requires V to repay the mortgage. and receives a 30•year mortgage. On June 1, 19Ka, the Since the ohdigaliuns have IK -en repaid, IV has no legal Internal Revenue Code references are identical to 26 U.S.C.A. sections 513 § 1.103-8 right to enforce the ruluirtmenas of paragraph (h) with respect to the project Suhs,41tu no nonconformity of lh project with the requin•mrnta of § I.1o.1 .lo(h) under then rircumstnnces will not cruse the nhligatiun,, issued by w d he industrial dMIapmcnl INmds within the meaning o section 103(hxl). (10) Obligations issued before April 'l5, 1979—{i) General rules. Section 103(6)(1) shall not apply to obligations issued before April 25, 1979, which are part of an issue substantially all of the proceeds of which are to be used to provide residential real property for family units. In order to qualify under this paragraph (b) as an exempt facility, the facility must satisfy the public use napairemenl of paragraph (a)(2) of this section by being availa- hle for use by members of the general public. facilities. Under lye paragraph related and; sof this sec• tion, facilities which are functionally related iand subordinate to residential real propi!rty actually used for family units include, for ex- ample, facilities for use by the occupants such as a swimming pool, a parking area, ;and recrc- ational facilities. Kept to date by U.S.Code Congressional INCOME: TAS REGULATIOSS h (c) Sports farilities—(1) General rule. See. ° lion 103(e)(4)(13) provides that section 103(e)(1) e shall not apply to obligations issued by a State or lord governmental unit which are part of an issue substantially all of the proceeds of which are to be uscti 6 provide sports facilities. In order to qualift• as an exempt facility under section 103(040) and this paragraph, the In- cilily must satisfy the public use requirement of paragraph (a)(2) of this section by being available for use by members of the general Public either as participants or as spectators. (2) Sports facility defined. (i) For purposes of section IQRcg4)(11) and this paragraph, the lean "sports facilities" includes both uutda,r and indoor facilities. The facility may IN: de- signed either :is a spectator or ;is a participa- tion facility. For example, the term includes both indoor and outdoor stadiums for baseball, football, ice hockey, or other sports events, as well as facilities for the participation of the general public in sports activities, such ;is golf courses, ski slopes, swimming llols, tennis courts, and gt'Moasiums. The term iltws lint include, however, facilities such as a golf course, swimming tool, lir tennis court, which ;Ire constructeil for use by members of a pri- vale club or ;is integral or subordinate parts of a hotel lir motel, lir the use of which will he restricted to n special class or group or to guests of x particular lintel or motel, since thev are not facilities for the use of the genond public as required by paragraph (a)(2) of this section. (ii) Under paragraph (a)(3) of this strtiun, facilities which are funclionallt• related and subordinate to a sporius facility, such ss a park- ing lot, clubhouse, ski slope warming house, bath house, or ski tow, are considered to he part of a sports facility. A ski lodge which consists primarily of overnight accommodations is not functionally related and subordinate to a sports facility. (d) Convention or trade show facilities—(1) General rule. Section 103(c)(4)(C) provides that section 103(c)(1) shall not apply to obliga- tions issued by it State or lord governmental unit which arc it part of an issue substantially all of the proccells of which are to he used to provide convention or trade show facilities. In order to qualify under section 103(c)(.1)(C) and and Administrative News Pamphlets 514 'R97 (ii) Family units defined. For purposes of Ij this paragraph (h) the term -Gamily unit" j; means a building or any portion thurcof which contains complete livinjr Gucilitica which are to (I he used on other than a transient basis by one or more persons, ;and facilities functionally re- lated and subordinate thereto. Thus, an apart- ment which is to he used on other than a transient hasis as ;t residence by a single person I lir by a family and which contains complete facilities for living, sleeping, t tatting, conking, and sanitation, constitutes a family unit. Such a unit may ba- served by centrally loNalcd ma - 1) chinery and equipment as in a typical apart- ment building. To qualify as a family unit, the living facilities must hu a separate, self -con- Wined building or rnnstitute one unit in a building substantially all of which consists of { similar units, tugether with functionally relat- i ed and subordinate facilities and areas. Flutuls, i motels, dormitories, fraternity and sorority houses, rooming houses, hospitals, sanitariums, I rest homes, and trailer parks and courts for use on a transient Iasis do not constitute residen- tial real property for family units. facilities. Under lye paragraph related and; sof this sec• tion, facilities which are functionally related iand subordinate to residential real propi!rty actually used for family units include, for ex- ample, facilities for use by the occupants such as a swimming pool, a parking area, ;and recrc- ational facilities. Kept to date by U.S.Code Congressional INCOME: TAS REGULATIOSS h (c) Sports farilities—(1) General rule. See. ° lion 103(e)(4)(13) provides that section 103(e)(1) e shall not apply to obligations issued by a State or lord governmental unit which are part of an issue substantially all of the proceeds of which are to be uscti 6 provide sports facilities. In order to qualift• as an exempt facility under section 103(040) and this paragraph, the In- cilily must satisfy the public use requirement of paragraph (a)(2) of this section by being available for use by members of the general Public either as participants or as spectators. (2) Sports facility defined. (i) For purposes of section IQRcg4)(11) and this paragraph, the lean "sports facilities" includes both uutda,r and indoor facilities. The facility may IN: de- signed either :is a spectator or ;is a participa- tion facility. For example, the term includes both indoor and outdoor stadiums for baseball, football, ice hockey, or other sports events, as well as facilities for the participation of the general public in sports activities, such ;is golf courses, ski slopes, swimming llols, tennis courts, and gt'Moasiums. The term iltws lint include, however, facilities such as a golf course, swimming tool, lir tennis court, which ;Ire constructeil for use by members of a pri- vale club or ;is integral or subordinate parts of a hotel lir motel, lir the use of which will he restricted to n special class or group or to guests of x particular lintel or motel, since thev are not facilities for the use of the genond public as required by paragraph (a)(2) of this section. (ii) Under paragraph (a)(3) of this strtiun, facilities which are funclionallt• related and subordinate to a sporius facility, such ss a park- ing lot, clubhouse, ski slope warming house, bath house, or ski tow, are considered to he part of a sports facility. A ski lodge which consists primarily of overnight accommodations is not functionally related and subordinate to a sports facility. (d) Convention or trade show facilities—(1) General rule. Section 103(c)(4)(C) provides that section 103(c)(1) shall not apply to obliga- tions issued by it State or lord governmental unit which arc it part of an issue substantially all of the proccells of which are to he used to provide convention or trade show facilities. In order to qualify under section 103(c)(.1)(C) and and Administrative News Pamphlets 514 'R97 RESOLUTION NO. 43-418 RESOLUTION 70 ADOPT AN AMT TO THE INDUSTRIAL REVENUE BOND POLICY FOR THE CITY OF IOWA CITY, IOWA, ENIARGING THE CHAPTER 403 AREA ELIGIBLE To APPLY FOR INDUSTRIAL REVENUE BONDS. WBF2tEAS, Iowa municipalities are empowered to issue Industrial Revenue Bonds pursuant to Chapter 419 of the Code of Iowa and the City of Iowa City adopted a Neighborhood Redevelopaent Plan to meet the requirements of Chapter 403 of the Code of Iowa on February 1, 1977, Resolution No. 77-29; WHEREAS, Chapter 419 of the Code of Iowa permits areas designated by Chapter 403 of the Code of Iowa prior to July 1, 1979, to be eligible to apply for Industrial Revenue Bonds; WHEREAS, the City of Iowa City adopted an Industrial Revenue Bond Policy on October 21, 1980, Resolution No. 80-474, and amended on October 6, 1981, Resolu- tion No. 81-266 and on November 10, 1981, Resolution No. 81-290, and on November 9, 1982, Resolution No. 82-271; WHEREAS, the City of Iowa City wishes to encourage medium and high density housing in and near downtown Iowa City as expressed in the City's Comprehensive Plan, adopted May 30, 1978; NOW, MEREpORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOW► CITY, ICWR, that the Industrial Revenue Bond Policy map of eligible areas for the City of Iowa City, Iowa, be amended as follows: 1. To expand the designated area to include the area ceamencing at the intersec- tion of the centerlines of Court Street and Linn Street; thence south to the north line of the existing tight-cf-way of the Gmicago, Rock Island 6 Pacific Railroad; thence southeasterly along said railroad right-af-way to the intersection of said railroad right-of-way with the southerly extension of the east boundary line of the north -south public alley through Block 2, Lyon's First Addition to Iowa City, jam; the;lce north 1,238 feet, more or less, along the east line of the public alley through Blocks 1 and 2 of Lyon's First Addition to Iowa City, Ione, and Berryhill and Pierce Addition to Ions City, Iowa, to the northwest corner of. Lot 1, Berryhill and Pierce Addition to Iowa City, Iowa; all as shown on attachment A. It was moved by Ralmcr and seconded by McDonald the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENr: X Balmer —T -" Dickson —X— Erdahl �- Lynch X McDonald y Neuhauser X Perret Passed and approved this 20th day of Decemher , 1983. h Ll1 4.✓ MAYOR le�.rrea s A�ecl By ' Legal De a M If / '. AT=: CITY CLERK ATTACHMENT A w4 Dec., 1983 ELIGIBLE AREA: INDUSTRIAL REVENUE BONDS uwv[nsm or io+u IOW ffm ® ® = F w�ewuernu Enabling Resolutions Containing Legal Descriptions: Resolution No. 80-474 Resolution No. 81-266 Resolution No. 81-290 Resolution No. 82-271 Resolution No. 83-418 -- Baty of Iowa City` = MEMORANDUM - Date: February 2, 1984�/�%� To: Rosemary Vitosh, Director of Finance From: Cathy Eisenhofer, Purchasing Agent (A/, Re: Outside Printing Question ' Councilmember Ambrisco raised a question in regard to why the City bids out printing jobs as small as $500. Without more detailed information, I cannot isolate the $500 job in question, but can only surmise that it may be the Taxi Cab Decal job, bid November 1983 with three other orders. The order went to an out of town vendor for $145 and was bid by a local vendor for $466. I would like to clarify that outside printing is handled on an informal quotation basis, one page of specifications and a sample, and not on a formal bid basis consisting of a lengthy document. The attached currently reflects printing practices which were established .in 1976 following numerous printing ,lobs that were received with errors causing duplication of costs by reorders, various City staff taking time to directly deal with vendors, and reorder of forms from one vendor because that vendor had done the job last time or the division was out and needed forms immediately - therefore paying a premium price. Currently a combination of written quotations and telephone quotations are utilized depending on the situation. The same amount of information must be obtained from a division and staff time is comparable whether it be for written or phone quotations.. At this point, the method of obtaining pricing is evaluated with the type of order, how soon the order is needed, past history of pricing and delivery, if there are other jobs to combine this order for multiple quotes, and the cost of mailing vs. possible long distance calls. The Central Procurement and Services Division policy is written that "Price and other factors being equal, preference will be given first to resident bidders of the City." The taxpayer is entitled to procurement activities that maximize to the fullest extent practicable the purchasing value of public funds. Purchasing does faster broadbased competition and I do feel the City is responsible to accommodate a request for bid from a vendor, in town or out of town, when it may be in the best interest of the City. Any further information you may need in regard to this matter, please feel free to contact me. bc4 ECFniiur.. UUUUME meaty of Iowa City' = MEMORANDUM = Date: February 2, 1984 V To: Rosemary Vitosh, Director of Finance From: Cathy i:isenhofer, Purchasing Agent iv Re: Outside Printing Question Councilmember Ambrisco raised a question in regard to why the City bids out printing jobs as small as $500. Without more detailed information, I cannot isolate the $500 job in question, but can only surmise that it may be the Taxi Cab Decal job, bid November 1983 with three other orders. The order went to an out of town vendor for $145 and was bid by a local vendor for $466. I would like to clarify that outside printing is handled on an informal quotation basis, one page of specifications and a sample, and not on a formal bid basis consisting of a lengthy document. The attached currently reflects printing practices which were established .in 1976 following numerous printing jobs that were received with errors causing duplication of costs by reorders, various City staff taking time to directly deal with vendors, and reorder of forms from one vendor because that vendor had done the job last time or the division was out and needed forms immediately - therefore paying a premium price. Currently a combination of written quotations and telephone quotations are utilized depending on the situation. The same amount of information must be obtained from a division and staff time is comparable whether it be for written or phone quotations.. At this point, the method of obtaining pricing is evaluated with the type of order, how soon the order is needed, past history of pricing and delivery, if there are other jobs to combine this order for multiple quotes, and the cost of mailing vs. possible long distance calls. The Central Procurement and Services Division policy is written that "Price and other factors being equal, preference will be given first to resident bidders of the City." The taxpayer is entitled to procurement activities that maximize to the fullest extent practicable the purchasing value of public funds. Purchasing does foster broadbased competition and I do feel the City is responsible to accommodate a request for bid from a vendor, in town or out of town, when it may be in the best interest of the City. Any further information you may need in regard to this matter, please feel free to contact me. bc4 OUTSIDE PRINTING PURCHASING DIVISION, CITY OF IOWA CITY COMMENTS I. Printing bids are actually informal quotations which usually consist of one 2 -sided sheet plus a printing sample. 2. Specifications must be written (even for telephone quotations) in order to prevent costly errors or misunderstandings. If an error is made in printing, we have written specifications to back us up in getting the job done right at no additional charge, or we have the option to accept the job with a discount for not meeting specs. 3. Whenever possible, bids are mailed out together and orders are com- bined to save handling time and postage; this usually results in better prices as well. 4. We keep the Bidders List trimmed as much as possible by: a. Listing specific types of printing jobs each vendor wishes to bid on. b. Encouraging vendors who consistently respond with "No Bid" to reconsider the types of bids they want to be sent. c. Removing vendors from the Bidders List after three consecutive "No Responses." 5. In preparing printing bids, the Purchasing Division saves money by: a. Designing or recommending design changes (layout, size, types of paper, ink or paper color, etc.) to make a form more usable, often resulting in substantial savings. b. Increasing quantities to get a price break, whenever usage and storage space allow. c. Allowing options or alternatives where price will be lower without affecting function. d. Recommending that a job be printed in the Print Shop if suitable and at a lower cost. 6. Written bids get better prices because printers know they have serious competition. 7. Bidding to out-of-town as well as local vendors also brings better prices because of the competition. In FY83, 33 jobs ($22,455) were awarded out-of-town, out of a total of 75 jobs ($29,170.) Of those 33 out-of-town jobs, 8 jobs ($12,141) were unavailable locally, local vendors did not respond on 15 jobs ($8071), and 10 jobs ($2243) were awarded out-of-town because local bids were higher (36% higher overall.) M I 8. Maintaining good vendor relationships results in better service, and indirectly in better prices (especially on small jobs, with verbal quotations.) 9. Maintaining good printing bid files provides an accurate order history, past samples, and past specifications, which makes reordering easier and more accurate. (Departments usually don't keep track of order dates, quantities, problems, etc.) EXAMPLES OF SAVINGS (1983) 1. "Boot" Warning Label - Reduced size by �" and saved 29% ($190 instead of -M77- 2. Season Ticket Swim Receipt Form - Low bid came in at $45; previous order was $95. 3. Fire Department Building Inspection Form - Fire Dept. reordered on t—Heir own in January, 1983, instead of going through Purchasing; it cost them $80/500 sets (= $160/m.) Purchasing bid out in March with low bid at $104/1500 (= $69/m.) i 4. Miscellaneous Carbonless Forms - Bid out five forms at one time with option to award on combined basis. Saved 10% of the low bidder's individual prices, as well as savings of mailing bids together, paying bills together, etc. 5. Parkin Ticket Data Mailer- Ordered 75m instead of 50m, and bid out to more i ers. The price decreased from $80.20/m ($3813/50m order) on previous order to $40.66/m ($3049/75m order) on this order, and the job went to the same vendor who had done it previously. Next low bid was $4298 - $1249 higher. 6. Monthl Bus Passes - No bids from local vendors. Low bid of $316, next low of 587, and high bid of $882. 7. Taxicab Decal - Local vendor bid $466; job went to out-of-town vendor for $145.- 8. 1 5.8. Miscellaneous Checks - Combined three different check forms on one order to get best price. Recommended payroll deposit slip be printed without check (since no check is used, and check has to be torn up if printed); deposit slips were printed for half the price of the combined slip/check ($14/m vs. $28/m = $141 savings.) 9. Voucher Jackets - Bid with option to print on cut sheets or continuous paper. ccounting had ruled out the possibility of using continuous form due to high verbal quotes they had received.) Increased quantity from last order and was able to order more functional continuous form, with a price decrease from $33/m previous order (6m cut sheets) to $27/m this order (15m continuous computer sheets.) 10. Police Information Re ort Form - Low bid was $99 (out-of-town); next ow id was 189 ocal vendor). Last order in 1979 was $136 for same job. 11. Police Car Decal - Purchasing redesigned to meet legal requirements and fit on car door above and below trim strip. Old design cost $2.88 each; new design cost 88¢ each. % ity of Iowa City MEMORANDUM - Date. January 26, 1984 i �, Q r��//✓✓ To: Rosemary Vitosh, Director of Finance '/ From: Cathy Eisenhofer, Purchasing Agent /�/LJ 11 Re: Chemical Contract Bids were received from 11 vendors for the 1984 City chemical contract. Follows is a comparison of 1983 vs. 1984 prices. In 1980 {Purchasing bid three chemicals and in 1984 contracted for 13 chemicals. WATER Prices were very good for Cleo this year. We were expecting increases not decreases in lime and aluminum sulfate. Liquid chlorine was within expected increase. Total contract saved approximately $4,600 over 1983 prices. POLLUTION CONTROL Potassium permagenate increase was anticipated but still a good price. Next bid was $371.25 per drum. Copper sulfate was a first time bid; Barry considered the price very good, Next bid was $31 per 50 pounds. RECREATION - POOL CHEMICALS A first time contract and a very favorable one. Of the 1983 prices Recrea- tion provided to us there was a $1500 or 338 savings. Al Cassady and Tab Ray were impressed with the prices. bj4/4 No PRODUCT BID # VENDOR 1983 PRICE 1984 PRICE TOTAL CONTRACT % SAVIFGS Water - 84-43 Acco 84-44 Hydrite 84-45 Acco Hydrate Lime 84-34 Mississippi Lime $ 67.67/Ton $ 65.50/Ton $ 13,100.00 3.2' Aluminum Sulfate 84-35 Allied Chemical 231.50/Ton 204.40/Ton 61,320.00 11.7 Liquid Chlorine 84-36 McKesson Chemical 10.99/CWT 14.39/CWT 17,268.00 (30.0) TOTAL WATER CONTRACT $ 91,688.00 Pollution Control - Potassium Permag. Copper Sulfate Recreation - Soda -Ash Dia. Earth Gran. Chlorine S. Bisulfite Water Test Reagents Muriatic Acid Clorine Stabilizer Liquid Chlorine 84-37 Di Chemical 84-38 McKesson 84-39 McKesson Chemical 84-40 Acco Unlimited 84-41 Hydrite 84-42 Hydrite 84-43 Acco 84-44 Hydrite 84-45 Acco 84-46 McKesson $339.90 $362.17 -- 26.45/50# bag TOTAL POLLUTION CONTROL CONT. $ 16.45/CWT $ 9.85 15.00/50# bag 8.39 153.00/CWT 101.00 -- 18.00 -- 8.70 -- 16.00/CWT -- 4.29/# 36.75/Cyl. 31.50 TOTAL RECREATION CONTRACT $ 9,054.25 (6.68) 1,587.00 $ 10,641.25 C $ 1,477.50 40.0 503.40 44.0 606.00 34.0 180.00 -- 162.00 -- 23.20 -- 858.00 3,150.00 14.0 $ 6,960.10 CITY OF IOWA CITY CHIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 February 2, 1984 Honorable Mayor and City Council Civic Center Iowa City, Iowa 52240 Re: Old Library Development Contract - GWG Investments Dear Mayor McDonald and Members of the Council: On January 16, counsel for GWG Investments addressed the Council requesting a modification of the City-GWG contract. GWG has now exercised its option under this contract to purchase the Old Library parking lot property. GWG is now asking to have the contractual requirement for construction of a new building on the site within 12 months extended for a period of 3-5 years. You have requested my opinion as to whether the contract can be modified to permit this extension. In addition to this question, there are several other questions that have been raised by Ms. Andrea Hauer Development Coordinator that need to be considered by you. It may be helpful to the Council to review the background leading up to the present situation. (1) City bid specifications for the Old Library development project specified that developers' proposals may include a purchase option for the parking lot located on Lots 1 and 2 if new construction is proposed. (2) GWG's bid was accepted and the property disposition contract was executed on January 18, 1983, with the deed to the Library site itself (Lots 3 and 4) given on February 17, 1983. The contract required that GWG pay $169,000 for Lots 3 and 4 and expend 3008 of this sale price on renovation or construction of these lots within 18 months of conveyance. I (3) The costs to be expended on the renovation or construction project are subject to verification and audit by the i City. � (4) A driveway easement was reserved by the City on the eastern portion of Lot 3 for access to Lots 1 and 2 (parking lot). This easement terminates when the City no longer uses Lots 1 and 2 as a parking lot. 1 300 (5) The purchase option for Lots 1 and 2 provision in the contract specifies that GWG retains the right to purchase the parking lot in its entirety within 12 months from the date that title to the library is conveyed. The price is $205,000. When the option is exercised GWG agrees to construct a new building on Lots 1 and 2 no later than 12 months after conveyance and subject to design approval by the Council. As stated at the January 16th meeting, GWG indicated that it desired not to satisfy the 3008 investment requirement and would prefer to build nothing now and construct a 6 -story deluxe or quality building on Lots 1 and 2 in the next 3-5 years. This alternative would result in effecting substantial changes in the bidding requirements and conditions and would require significant amendments to the contract. If this alternative is agreed to, it would then permit GWG to either lease the parking lot back to the City which is not provided for in the contract (nor was intended by the City) or to close the lot down as a public parking lot. The prospectus that was made available to all prospective bidders states: "The adjacent City owned parking lot provides 78 parking spaces. If the development proposal includes use of the lot, bids will be accepted for long-term lease and/or option -to - purchase arrangements for all or part of the parking lot. The City may favor the purchase option if new construction is proposed which requires the parking area". The GWG bid which was accepted by the City proposed a new building on the lot if the option is exercised and constructed within 12 months. Bidders had the choice of submitting bids for the library site alone or for both sites. It was always clear that the City wished to see both properties developed and it may be inferred that others who did not submit bids felt economically restrained from doing so for this reason. To agree to permit a 3-5 year deferral is a substantial variance from the bidding prospectus upon which all bidders were required to base their bids. It is true that only 2 bids were submitted but for the reasons stated this may have been because it was perceived that a bid for only the library site would not receive favorable consideration. It is also true that the prospectus does not state a time certain within which new construction must be completed. However, it is appropriate to conclude that a development contract has as its object full development within timely limits. It should also be remembered that it was at all times the City's intention to have the parking lot developed and restored to the property rax rolls as soon as possible. 3 ,300 We are now presented with a situation where the City and GWG have entered into a binding contract and the City is being asked to make changes in the contract which substantially differs from the intent and requirements of the bid prospectus. In the case of Inn Operations, Inc. v. River Hills Motor Inn, Co., 152 N.W.2d 808 (Iowa 1961), the Iowa Supreme Court dealt with this issue. In this case the Des Moines urban renewal authority accepted a bid that did not meet the published specifications and then voted to change the specifications. The city urban renewal authority also failed to notify bidders that certain specifications were to be deleted which denied bidders an equal opportunity to compete in purchasing the parcel of land. Although River Hills involved Chapter 403 of the Iowa Code which governs the disposal of urban renewal property, the principles concerning competitive bidding enunciated by the Court are, in my view, applicable to the disposal of non -urban renewal property such as the library and parking lot since the City elected to sell the properties by the competitive bidding process. In Indian Hills the urban renewal statute required that the city must establish reasonable competitive bidding procedures. The Supreme Court articulated this requirement as follows: Public policy underlines the requirements of competitive i bidding. The purpose of the statute is that each bidder, actual or possible, shall be put upon the same footing. Interested purchasers should be given equal opportunity to bid on the land during the same restriction. The municipal I authorities should not be permitted to waive any substantial variance between the conditions under which the bids are invited and the propsal submitted. If any bidder is relieved from conforming to the conditions which impose some duty upon him or from strict performance of the terms of the invitation to bid, such bidder is not contracting in fair competition with those biders who proposed to be bound by our conditions. An indispensable element of such sale is the existence of a definite common standard to which all competitive proposals alike relate. A common pattern is the foundation of just competition. Thus municipalities are not permitted to waive any "substantial variance between the conditions under which the bids are invited and the proposal submitted". The question may arise as to whether a lesser time extension than 3-5 years is a substantial variance. An extension of up to 12 months would probably not amount to a substantial variance since unexpected construction conditions or delays in the design review process ,300 could occur making it impossible to complete construction within the original 12 month period. On this basis an additional 12 months could probably be justified. For the foregoing reasons it is my opinion that an extension of time to construct a new building on the parking lot for more than 12 additional months should not be permitted. If an extension is granted, it will be necessary to amend the contract. Ms. Hauer has submitted the following questions to me: 1. Must the 3008 investment figure be satisfied before the City can or will allow conveyance of Lots 1 and 2? If not, how will the City deal with the situation if Lots 1 and 2 are conveyed and then finds out GWG has no intention or ability to fulfill the 3008 requirement? 2. Can the conveyance of Lots 1 and 2 be voided, especially if construction has already begun on this property if it is found the 3008 investment figure has not been satisfied? 3. Does the contract for Lots 1 and 2 default if the City Council will not grant design approval within a twelve month period of time so GWG could not begin construction in twelve months as required by the contract? What happens if the City Council does not approve the design plans? 4. If there is a default on the contract for Lots 1 and 2, wili the City regain its driveway easement over Lot 3? With regard to Question 1, the option for the parking lot is not conditioned upon completion of the 3008 requirement. The option is a separate right conferred in the contract not dependent upon any of the other provisions. However, this is a development contract with a single developer and once the option is exercised the parking lot development merges with the Old Library development into a single -development contract embracing both sites. The bid prospectus recognizes that the parking lot development may become subject to a single development contract. Accordingly if GWG lacked the ability or intention to fulfill the 3008 requirement, an action for specific performance of the contract could likely be instituted. Concerning Question 2, the conveyance of Lots 1 and 2 probably could not be voided after construction has begun but it may be possible to enjoin further construction until the 3008 has been satisfied. Conveyance follows from exercise or the option 4 ,300 and is a right unconditionally conferred. Once conveyance has occurred, the single development contract merger comes into play. Question 3. If the Council does not give design approval within the 12 month period, the option for Lots 1 and 2 does not default. The City would be estopped from asserting a default for failure to complete construction by GWG because of the Council's inaction. Question 4. The City's easement will revert to the City, it only terminates if Lots 1 and 2 are developed. I will be glad to answer any questions you may have concerning this opinion. cc: City Manager Andrea Hauer Richard Boyle 5 Very truly yours, Robert W. Jansen City Attorney 3oa CITY OF IOWA CITY CIVIC CEiNfER 410 E. WASHNGTON Si. IOWA CRY, IOWA 52240 (319) 356-5000 January 24, 1984 i I Mr. Bill Blough 546 Southgate Ave. Iowa City, Iowa 52240 Re: Aber Avenue Cable Installation Dear Bill: The Commission and I Wanted to thank you for your cooperation in getting cable TV service to many of the outlying areas in need of service this last summer and fall. Good work! However, there is still one area that is as yet not passed by cable service that was promised service by October 1 in your July 25, 1983, letter to the BTC. Other Commissioners and myself have had calls from people who want cable service on Aber, and specifically 24, 25, 26 and 27 Aber Avenue. I realize this area requires underground service. However, in the interim period before spring I believe these residences should receive cable service. There appears to be the possibility of bringing the cable up the back yards (avoiding public rights-of-way crossings) so that laying the cable on the ground would not be hazard- ous. These buildings are internally wired with cable. Whatever way you decide to supply the cable service, I believe it should be accomplished as soon as possible. In addition, it was the BTC;s understanding that citizens could request cable service any time and that Hawkeye would be sending confirmation via postcards back to those who requested service with the date the service is requested: Has this been done? ,30/ Mr. Bill Blough _. January 24, 1984 Page 2 Please respond to me at the address below within five calendar days. Thank you for your cooperation in these matters. Sincere1 , o4 W. 0. "Bill' Terry BTC Chairperson Civic Center 410 E. Washington St. Iowa City, Iowa 52240 cc: BTC Mr. Jim Miller BTS Dick Boyle Dale Helling City Council /sp 0 CIVIC CENTER 0-= IOWA 41 O E. WASHNGTON ST. IOWA CIN, IOWA 52240 January 24, 1984 Mr. Bill Blough Hawkeye Cablevision 546 Southgate Avenue Iowa City, IA 52240 Re: Foreign Language Programming Dear Bill: CITY (319) 356-5000 Last week the BTC discussed with Karen and Diana Beeson of the University of Iowa the various options available that would bring foreign language programming to Iowa City. We realize all the work Karen has done in this area and we thank her for her work. However, the BTC feels action is now required given this has been a topic of frequent discussion and inquiry over the last four years. The University is ready, willing and able to bring SIN programming to Iowa City. Options regarding how, this programming could be put on cable were discussed at last week's meeting, including putting it on Channel 5 (via a tape bicycle to Hawkeye from the University of Iowa Engineering building) and/or putting it on Channel 28. We would like to see and hear what plans and timelines Hawkeye has for bringing foreign language programming to Iowa City. Thank. you for your cooperation and assistance on this matter. Please respond to me within five calendar days at the address below. Sincerely, W. 0. (Bill) Terry .BTC Chairperson cc: BTC BTS Dick Boyle Da)a Helling ,,e,ty Council bc2 30/ 523 East 12th Street ♦ Des Moines, Iowa 50319 ♦ 515/281-3711 December 15, 1983 The Honorable Terry E. Branstad, Governor Members of the Iowa General Assembly State and Local Officials in Iowa and Other Interested Individuals Pursuant to Chapter 28C of the Iowa Code, I am pleased to transmit the Annual Report and Legislative Priorities of the Iowa Advisory Commission on Intergovernmental Relations (A IR). Since its inception in July of 1982, the Iowa ACIR has debated and studied a wide range of intergovernmental issues affecting the state and local govern- ments the following five ve areasswhichaare are enda resulted yin legislative lreportrecommendations n I. Property Taxes II. Governmental Tort Liability Ill. Local Government Investment Pools IV. Changes in County Compensation Boards V. County Road Reporting Dates On behalf of the Commission and the staff who have devoted hundreds of hours to achieve consensus on many important intergovernmentalissues, I urge that you give serious consideration to the recommendations given in this report. I Sincerely, i Maggie Tinsman Chair 0 ■ I i TABLE OF CONTENTS 1 PART A. ANNUAL REPORT ............................... TABLE OF CONTENTS PART B. LEGISLATIVE PRIORITIES .....................• S I. PROPERTY TAXES ............ 5 II• GOVERNMENTAL TORT LIABILITY ................... 11 III. LOCAL GOVERNMENT INVESTMENT POOLS .......... 16 IV. CHANGES IN COUNTY COMPENSATION BOARDS ..... 17 V. COUNTY ROAD REPORTING DATES 18 3oz 1 PART A. ANNUAL REPORT ............................... I. PURPOSE .... .................. 1 II. ORGANIZATION ................... ......... III. MEMBERSHIP .......... • ........... 3 IV. ACCOMPLISHMENTS .............. .............. 4 V. BUDGET........... ............ .. ............... PART B. LEGISLATIVE PRIORITIES .....................• S I. PROPERTY TAXES ............ 5 II• GOVERNMENTAL TORT LIABILITY ................... 11 III. LOCAL GOVERNMENT INVESTMENT POOLS .......... 16 IV. CHANGES IN COUNTY COMPENSATION BOARDS ..... 17 V. COUNTY ROAD REPORTING DATES 18 3oz PART A. ANNUAL REPORT I. PURPOSE The Iowa Advisory Commission on Intergovernmental Relations was created by the Legislature in 1982 to foster communication and cooperation between federal, state, and local levels of government. Patterned after the national ACIR, the Iowa Commission was designed to: --Provide a forum for dialogue and understanding of intergovernmental issues --Study issues affecting Iowa governments --Make recommendations to the Governor and legislature, state agencies, and local governments 11. ORGANIZATION The Commission is composed of 21 members representing schools, cities, counties, regional councils of government, state executive branch, and legislature. Its members meet regularly to discuss current issues. i The Commission is organized into three committees: 1. Executive Committee: responsible for policy matters needing immediate attention u 1 30.2- i i 2. Government Services and Finances Task Force: responsible for issues related to taxes and services 3. Future Issues Committee: responsible for developing the Iowa ACIR research agenda and carrying out all short-range studies Staff support to the Commission is provided by the Iowa Office for Planning and Programming. The Institute of Public Affairs is assisting the Commission on matters pertaining to studies of government services and finances. Other state and local agencies also provide substantial research assistance to the � Commission on an as -needed basis. i u MEMBERSHIP Margaret Tinsman, Chairperson Scott County Supervisor Davenport Thomas Aller, Vice Chairperson Executive Assistant to the Mayor Cedar Rapids Leo Braun Floyd Valley School Board Granville Virginia Buchanan Algona Community School Board Algona Florence Buhr State Representative Des Moines Warren Dunham Director, Department of Transportation Ames 2 Joan Glaza Black Hawk County Clerk of Court Waterloo Corine Hadley Newton Community School Board Newton Richard Hagen Scott County Recorder of Deeds Davenport William Hansen Emmet County Supervisor Ringsted Kenneth E. Kew Mayor of Mason City Mason City Gary H. Koerselman Councilman Sioux City 3 0 z t N Ir William Krahl State Comptroller Des Moines Mary Neuhauser Mayor of Iowa City Iowa City Michael Reagen Commissioner, Department of Human Services Robert H. Renken State Representative Aplington Edward J. Stanek Director, Office for Planning and Programming Des Moines Executive Committee Margaret Tinsman, Chairperson Thomas Aller Government Services and Finances Task Force Richard Hagen, Chairperson Thomas Aller Corine Hadley Gary Koerselman William Krahl Future Issues Committee Mary Neuhauser, Chairperson Leo Braun Virginia Buchanan Florence Buhr Warren Dunham Ray Underwood Atlantic Community School Board Atlantic Irma Vance Des Moines County Supervisor Burlington Arne Waldstein State Senator Storm Lake James D. Wells State Senator Cedar Rapids Richard Hagen Mary Neuhauser Michael Reagen Robert Renken Irma Vance Ray Underwood Arne Waldstein Joan Glaza Kenneth E. Kew William Hansen Edward J. Stanek James D. Wells IV. ACCOMPLISHMENTS Since its first meeting on September 21, 1982, the Commission has held seven meetings. The Committees of the Commission have held fourteen meetings. Commission members have also met with legislative leadership, various K t_................ _.......... . 0 standing committees and interim committees of the legislature and a host of other groups over the past eighteen months. Since its inception, the Iowa ACIR has studied a wide variety of issues ranging from property taxes to local government investment pools. The Commission has formulated a number of policy recommendations for consideration by the Governor and the General Assembly. These recommendations are summarized in Part B of this report. To date the following studies have been completed by the Commission: --Property Taxes in Iowa --Governmental Tort Liability in Iowa --Local Government Investment Pools --County Compensation Boards --Delinquent Property Tax Penalties --County Road Budget Reporting Dates --Public Employee Pension Funds --Property Tax Rollback Provisions --Liquor Control Problems V. BUDGET Amount Budgeted FY 1983 $ 7,600 FY 1984 $ 14,i68 4 Amount Expended $ 7,600 NA ,30.2, PART B. LEGISLATIVE PRIORITIES I. PROPERTY TAXES Background The Iowa ACIR undertook a year-long study of the property tax system in Iowa. The Commission's Task Force on Government Services and Finances delineated a number of specific policy issues of intergovernmental significance for indepth investigation. The "Report on Property Taxes in Iowa', summarizes the material studied and the major findings resulting from this study. i From this study, the Commission developed policy recommendations in six areas: 1. Tax Levy Limits and Local Option Taxes 2. Alternative Methods of Providing Local Services 3. State Mandates 4. Penalties for Delinquent Property Tax Payments 5. Tax Increment Financing 6. Legislative Tax Study Recommendations 1. Tax Levy Limits and Local Option Taxes. The revenues generated by the i property tax system provide local units of government the greatest single source of locally collected funds. Local governments depend on property tax revenues for the operation of most county and municipal services as well as providing nearly one-half of the funds needed to run the local public education system. I 5 I u The reliance on these funds and the corresponding responsibility to use these funds wisely in providing necessary services requires local officials to establish and implement far-reaching policies which impact both the quality of life in a community and the amount of services that can be realistically provided to residents of that community. Policy Recommendation The Commission recommends that counties and municipalities continue to assume more poiicy-making and administrative responsibilities. It is appropriate that they be given the authority and responsibility to utilize alternative tax sources and thereby reduce the reliance upon property taxes. The removal of property tax limits and granting of authority to levy local option taxes are both consistent with home rule. The Commission further recommends: (a) that the legis- lature remove property tax limits to give local government officials the authority to control property taxes based upon voters wishes; furthermore, property should be taxed on a value closer to 100 percent of its assessed value; and (b) that legis- lative authority be given to cities and counties to levy local option taxes to provide alternative revenue sources for local government. 2. Alternative Methods of Providing Local Services. In recent years, local governments' budgets have been increasingly pressured by forces beyond local control: inflation, greater demand for services, federal cutback in 6 3 D.7-- n funds, and more stringent requirements of state and federal regulatory agencies. These pressures force local officials to evaluate the type and level of service they provide in an attempt to make "budgetary ends meet" Local officials must either increase revenues (i.e. raise taxes) or decrease expenditures by the redesign of service delivery methods. Policy Recommendation The Commission recommends that, when appropriate, cities counties, and schools also seek money saving alternatives to their present methods of providing services. 3. State Mandates. The question of "who pays?" for services and in- creased costs of operation imposed on one level of government by another level has been one of continuing debate. The subject has generated a wide range of discussion on the federal, state, and local levels. The main thrust of this debate is one of equity and fairness to those involved. Policy Recommendation The Commission recommends that when state -imposed mandates increase the cost of local government operations or decrease revenues to local governments that such cost differentials be reimbursed by the' Sate. 4. Penalties for Delinquent Property Tax Payments. The penalty on delinquent property tax payments is one percent per month, as established by Chapter 7 C 445, Code of Iowa. with the volatility in interest rates over the past few years, an increase in the dollar amounts of delinquent property tax payments has been experienced by local governments as property owners find it "cheaper" to pay the penalty rather than borrow money to meet tax obli- gations. Delays in payments of property taxes causes budgetary and fiscal management problems for local government operations. A second concern in this area is the fact that all property tax penalties are retained by the county. Cities, schools, and other local taxing authori- ties feel that revenue derived from penalties should be shared by all affected jurisdictions. Policy Recommendation The Commission recommends that the penalty for delinquent property taxes be changed to reflect a variable penalty above current interest rates with the distribution of penalty proceeds to all units of government within the county on an equitable and proportional basis. The Commission further recommends that the legislature establish a process by which the penalty be determined administratively on an annual basis and consider the previous year's market interest rates. 5. Tax Increment Financing. Property tax policies have evolved over time, usually in response to an identified public policy goal. One such public 8 1 30.;?- I L u policy is the redevelopment of deteriorated urban areas. One tool designed to aid distressed urban areas is the tax increment financing (TIF) program. The tax increment financing program alters the property tax base of the community, affecting property tax revenues collected by cities, counties, and schools. Policy Recommendation The Commission recommends that the legislature consider revisions to the tax increment financing law that would: (a) limit the portion of a community eligible for TIF designation to a per- centage of total assessed value; and (b) limit the life of TIF pro- jects to a maximum of 25 years from project initiation with limited extensions allowable after public hearings and council action. 6. Legislative Tax Study Recommendations. The General Assembly established a Legislative Tax Study Committee in 1983 to study and report on the system of taxation in Iowa. After discussions between Iowa ACIR and the Governor, legislative leaders, and members of this Committee, it was determined that the two study groups would coordinate their respective efforts. Although the Commission has completed its initial research of the property tax Issue, a number of ancillary taxation Issues have surfaced and merit further consid- eration. Policy Recommendation The Commission recommends the Legislative Tax' Study Committee examine a number of taxation' issues with significant policy P1 30.2� 1 10 30.2- implications. i Further, the Commission offers its assistance to the Committee in the study of the following policy areas: (a) Industry and business taxes. it II (b) Exempted properties. --Review the justification for each type of exemption. --For those kinds of exemptions that are questionable, i determine how much these have increased and the potential costs to local governments. (c) As one way of lessening the reliance upon property taxes or preventing them from increasing is to explore a state value-added tax and methods of sharing this revenue with local governments. (d) Because people tend to think of how property taxes affect them individually, we suggest an analysis of how much in taxes typical Iowans pay in all types of taxes --federal, state, and local. (e) Other reasons for significant differences among taxing jurisdictions in the level of property taxes should be - analyzed. (f) An examination of ways to simplify the present property tax system. &)me possibilities to explore include: --Valuing agricultural property at a set percentage of market value. --Reassessing property less often. --Refraining from patching the property tax laws each legislative session. 1 10 30.2- I 0 II. GOVERNMENTAL GOVERNMENTAL TORT LIABILITY Background Tort law is in an expansionary period at this time. As a result, the state and local governments are spending more and more tax dollars to defend and pay tort claims. This type of expansion is affecting governmental budgets at an ever-increasing rate. The Commission published its study of governmental tort liability in December of 1983. The report provides extensive background information in the area of tort liability. The study itself concentrated its scope on determining where the state and local governments have been excessively exposed to liability. The trends in governmental liability for Iowa were considered and compared with trends in other stales. Court opinions, legislation, articles and other studies of Iowa and other states were analyzed. From this base of material, recommenda- tions for reducing governmental litigation costs were developed in seven broad areas: 1. Dollar Limitations 2. City Taxpayers 3. Liability to Third Persons 4. Nonfeasible Duties S. Antitrust 6. Limiting the Collateral Source Rule 7. Risk Reduction 11 3 o.z- ■ In addition to these areas, a proposal was developed regarding the implementation of an administrative alternative to the present court -based system. 1. Dollar Limitations. The potential exists that both state and local govern- ments could benefit from legislation placing a dollar limit on damage awards. It would be a direct method of reducing costs and would allow for a more predictable budgeting for tort claims. However, there is some question as to whether a dollar limit would be upheld because of potential constitutional problems, especially as applied to local government. Policy Recommendation The Commission finds that there exists a constitutional question as to whether dollar limitations on tort claims is permissible, especially at the local government level. The Commission, there- fore, recommends further inquiry into this matter as well as the issue of how much money would be saved by dollar limitation provisions. 2. City Taxpayers. Currently municipal taxpayers of a defendant city are automatically excluded as potential jurors in a tort action. In most instances the interest of a taxpaying resident is too remote to assume that a conflict of interest exists. Allowing city taxpayers as potential jurors ensures a city's constitutional right to a representative cross section of the community in tort cases. 12 30.2- U 0 Policy Recommendation The Commission recommends that the General Assembly enact legislation prohibiting the exclusion of city tax- payers unless a real and substantial interest is shown. 3. Liability to Third Persons. The issue is whether the public duty doctrine should be statutorily changed so that governmental units would have no duty to the members of the public for injuries that were the result of the failure to inspect, negligent inspections, or delivery of other services which are designed. for the benefit of the general public. Policy Recommendation The Commission recommends that the Legislature enact a general statute prohibiting liability for inspections and licensing. Further, the Commission recommends that a statute be enacted similar to Illinois law which recognizes the financial problems inherent in governmental tort liability. 4. Nonfeasible Duties. The issue is whether a governmental unit's liability for nonfeasible duties should be limited by application of the "open and obvious" rule. In tort actions not involving the government, the "open and obvious" rule will prevent a plaintiff from recovering damages for injuries resulting from an open and obvious condition. Currently, a governmental unit in Iowa is liable if it knew or should have known the defect existed even if the defect is open and obvious. 13 3d.y i I i j n Policy Recommendation The Commission recommends that the General Assembly enact legislation which would provide for an "open and obvious" rule to apply to governmental entities. This would relieve the state of an impossible duty of knowing and correcting every defect when in fact many defects are "open and obvious" and a plaintiff could reasonably avoid them. S. Antitrust. The issue is whether changes should be made at the federal or state level to protect units of local government from antitrust suits. Many municipal activities have the potential for being violations of the federal antitrust laws (e.g.,zoning, garbage collection,and cable tele- vision). Municipalities are not afforded an exemption under the antitrust laws. Policy Recommendation The Commission recommends pursuing changes in the anti- trust laws at the federal level to include a municipal exemption that will realistically allow cities to regulate areas of municipal concern. 6. Limiting the Collateral Source Rule. The issue is whether a plaintiff should be precluded from recovering expenses from the state and its political sub - 14 30.Z, U 0 U divisions when such expenses are covered by the plaintiff's insurance or other benefit program. Since the limitation of the collateral source rule in cases of medical malpractice has been upheld as constitutional in Iowa, it would be possible to limit the collateral source rule in tort claims against the state and local governments. The legislative purpose would be to re- duce the costs of tort claims while providing adequate compensation for victims on the one hand and effectively and efficiently carrying out the legitimate aims and goals of government on the other. Policy Recommendation The Commission recommends that the General Assembly enact legislation prohibiting an injured person from suing the state or its subdivision for expenses allowable by insurance or other benefit programs. 7. Risk Reduction. Currently, cities have an $8.10 per $1,000 assessed valu- ation tax levy limit. However, cities which elect to purchase insurance for tort liability from private carriers can levy beyond the $8.10 limit to cover the insurance costs. Cities which are self-insured may not exceed the $8.10 limit to cover the cost of its self insurance. Policy Recommendation The Commission recommends the General Assembly enact legislation to allow self-insured cities to levy beyond the $8.10 limit to an amount which would allow them to cover 1s 302, 1, the reasonable cost of self insurance. Currently, the State is self-insured and.all allowed claims or judgments, except for the DOT's, are paid out of the general fund. This is adequate to cover most judgements but would not provide protection for major catastrophes. Policy Recommendation The Commission recommends that the State of Iowa investigate the cost effectiveness of an umbrella insurance policy for major catastrophes. III. LOCAL GOVERNMENT INVESTMENT POOLS Background Local government investment pools are voluntary associations of local govern- ments authorized by state legislation to combine idle cash balances (those i monies not needed for day-to-day operations) and put them to work earning income. This method of financial management is designed to help local units of government improve earnings on short-term investments; provide high invested public funds; and Improve financial record keeping pro - liquidity for cedures. The ACIR completed the study of LGIPs in Iowa during 1983, result- ing in the report "Local Government Investment Pools." 16 C a does not currently have legislation that owould ernmentenable The State of low investment creation of a local government investment pool. A local g pool is an excellent example of cooperative action between the state and local governments. policy Recommendation The Commission supports the concept of permissive local government investment pools. The Commission further recommends that the' State Comptroller and State Treasurer further refine background material and develop a specific legislative proposal. IV. CHANGES IN COUNTY COMPENSATION BOARDS Background The current system of determining compensation levels for county officials Is both cumbersome and inappropriate. County officials are not directly respon- sible for setting their own salaries while city and state elected officials do set their own salaries. The present compensation board is composed of county, city, and school board officials. Participation by these officials outside of county government creates unnecessary pressures on these officials especially with regard to collective bargaining negotiations. 17 3 O2i In addition, a need exists to tie county official salaries to the budget process, rather than having salary determination_, made in a process completely separate from other county business. The Iowa ACIR prepared a background report on this subject in 1982. At that time, ACIR determined the need for the revision of the current county compensation board system. Policy Recommendation The Commission recommends that the salaries of county elected officials be established by the boards of super- visors in consultation with other elected officials of the county; that setting of salaries take place during the usual budgetary selling process, and that the board of supervisors be empowered to revise salary recommendations upward or downward, as long as all officials are treated equally. V. COUNTY ROAD REPORTING DATES Background At present, counties are required to submit to the Department of Transportation a number of reports relating to county roads. Section 309.93 of the Iowa Code requires annual budgets be submitted for each calendar year. Section 309.22 18 '302, requires that annual county road construction programs be based on the calendar year. The use of the calendar year for financial reporting is not consistent with the July - June fiscal year used in all other state and county financial reporting requirements. Neither is the calendar year schedule consistent with legislative appropriations schedules. This reporting requirement, therefore, imposes a hardship on the county budget process and local administrators. Discussions with Department of Transportation officials indicated that a change in reporting schedules would be acceptable at the state level. However, any such change could only be enacted legislatively. Policy Recommendation The Commission recommends that necessary changes be made to' Section 309. 93 and 309. 22 of the Code to establish county road budgets and reports to coincide with the July 1 - June 30 fiscal year. 19 3,0.2-, MINUTES OF STAFF MEETING February 1, 1984 The City Manager recalled that several years ago a committee had been organized to develop a process for selecting consultants. Recently the Director of Public Works has reviewed this policy and has written a simplified version. This draft will be sent to the department heads for review and comments. Referrals from the budget session, the informal Council meeting, and the formal Council meeting were distributed to the staff for review and discussion (copy attached). The staff was reminded that the informal meeting next week will be on Tuesday at 6:30 P.M. Two Council Members will not be available for the meeting. Prepared by: Lorraine Saeger ,30-3 PRECEDING DOCUMENT MINUTES OF STAFF MEETING February 1, 1984 The City Manager recalled that several years ago a committee had been organized to develop a process for selecting consultants. Recently the Director of Public Works has reviewed this policy and has written a simplified version. This draft will be sent to the department heads for review and comments. Referrals from the budget session, the informal Council meeting, and the formal Council meeting were distributed to the staff for review and discussion (copy attached). The staff was reminded that the informal meeting next week will be on Tuesday at 6:30 P.M. Two Council Members will not be available for the meeting. Prepared by: Lorraine Saeger 3o-3 FY85 Budget Meeting January 28, 1984 WWE Equipment Maintenance Personnel - when cost Cable TV Reclassification requi Street Light Report Scott Boulevard I _ - JanuFY 85 ary ary8, 19et 84 DEPARTMENT REFERRALS Page 2 SUBJECT DATE RECD REFERRED To DATE DUE COMMENTS/STATUS Mercer Park 1-28 Rosemary a. Improve lighting FY 85 b. Install fencing FY 85 Pool 1-28 Showalter/ Berlin Discuss with Parks & Recreation Commission and School representat�. Willow Creek Park Sidewalk 1-28 Showalter/ Schmadeke Determine when sidewalk can be installed entire distance to Mormon Trek - schedule accordingly. egg and timing. Informal Session 11-28 Dale Schedule meeting for discussion of role of parks and recreation Pool 1-28 Showalter Rewrite CIP comment to emphasize indoor/outdoor facility. Rohret Road 1-28 Schmadeke Can part of project be assessed? Review with legal. Memo to Council. Dubuque Street 1-28 Rosemary Iowa Avenue to Park Road - reschedule for '87. FY 85 Budget Meeting January 28, 1984 ?age 3 SME( ibuque Street - Iowa I:T,fit;Snp,,,df,,:y, Dodge Street - Old Dub Burlington Street - br Buren. Mayflower problems - s light Ralston Creek property F ic Works Maintenani North Corridor Sewer FY 85 Budget Meeting January 28, 1984 Page 4 WWE( Melrose Court Improvem G.O. Bonds Bidding of outside prii Civil Rights Burger King Sign DEPARTMENT REFERRALS We St Pr ci Du Me Lo 1w Informal Council Meet January 30, 1983 Page 2 SME, Easement - across fror agenda. Human Service Agency ; fringes, policy re. sa Legislators - Alcohol Human Service Agencies Operating Budget Recreation j Informal Council Meetii January 30, 1984 Page 3 SMEC Housing & Inspection Pi Fire List of City Council C( 'O 1 Regular Council Meeting DEPARTMENT REFERRALS January 31, 1984 r SUBJECT RE D DUE COMMENTS/STATUS TO F Martin Luther King's Birthday 1-31 Lorraine File proclamation for next year. and Zoning Minutes 1-31 PP&D Why late coming to Council? Problem was discussed sometime < Chuck report to Council on use of Treatment Plant 1-31 Public Wor methane for fuel. Refer to letter! rr,g and 1976 V&K report. Also clean ur) area. Send copies of reports re. narrow sidewalk and alternatives to City k North of Old Capitol Center 1-31 Public Wor Council. sh List 1-31 Assistant ty Mana r Crank up this project. Memo to Council re. status and Flood Plain Map Revisions 1-31 Public Wor timetable for completion. Re. dumpsters to front yards an '- Solid Waste Disposal 1-31 P&PD in parking spaces: What is status of ordinance revisions? News release and/or publicity on Snow Removal Policy 1-31 Public Work policy and priorities. Publicize 2 or 3 times each winter. When will review be finished and Transit Routes and Schedules 1-31 Transit info available for Council? r I jRegular Council Meeting January 31, 1984 Page 2 College Block Building i I Iowa Avenue Temporary Footbridge Police Department Promotion Policy W L 0 DEPARTMENT REFERRALS DATE REFERRED OJ1TE �! M� I YREC'DI TO Y "` 4€F�Y�I `a""e"s'STATUS Status of retention of consulting +1-31Police r engineer to monitor possible damage? ty Mana r/ Informal discussion on February 1,• rk 1984. ie Review with City Manager. i i I City of Iowa City MEMORANDUM DATE: February 10, 1984 TO: City Council FROM: City Manager RE: Material in Friday's Packet Memorandum from the Mayor regarding vending on City Plaza. ✓' o `� Memoranda from the City Manager: a. Charter Review Commission 3 0S b. Consultant Proposal for a Comprehensive Transit Maintenance Management Study 3616 Memoranda from the Assistant City Manager: a. Meetings with Area Legislators .307 b. Downtown Parking Committee 30 q c. Fact Sheet - World Trade Center 3 09 Memoranda from the Civil Rights Specialist: a. Discrimination Complaints / 0 b. Fair Housing Assistance Program 3// c. City's Non -Discrimination Ordinance 3/Z Memoranda from the Department of Public Works: a. Downtown Transit Interchange _313 b. Sewage Gas - Water Pollution Control Plant a/,/ - c. Dearborn, Rundell and Center Storm Water Improvements 0/57 Memorandum from the Director of Planning and Program Development regarding dumpsters in front yards and parking spaces. a /G Copy of letter to Keith Borchart regarding an easement. This is in reply to a letter which was on the consent calendar of the Council's agenda. 3/ Memorandum from the Transit Manager regarding rush hour tripper service. 3/00 Memorandum from the City Attorney, Airport Manager and Director of PPD 3 /9 with attached Airport Zoning Impact Report. Memorandum from the Housing Coordinator regarding Iowa City Housing Author t o Memorandum from the Director of Parks and Recreation regarding wage scale for aerobic instructors. Iowa City Public Library Second Quarterly Report. ity of Iowa City f - MEMORANDUM Date: February 10, 1984 To: City Council From: John McDonald, Mayor Re: Vending on City Plaza Because of the changes now being considered for the City Plaza, including reduction of its area due to hotel construction, extension of building fronts onto.the Plaza, and possible inclusion of sidewalk cafes, I would like Council to discuss the question of whether or not it is desirable to continue to issue permits for mobile vending carts and ambulatory vendors to operate there. The current ordinance provides for such vending operations and would thus require amendment if we were to discontinue these. Staff is presently in the process of drafting ordinance amendments for regulating building front extensions and is also reviewing applications from mobile vendors from which those to be issued permits would be selected. Therefore, it seems appropriate to consider the vendor issue at this time if Council wishes to consider this as well. I would like this item to be included for discussion at the informal meeting on February 27, 1984. Please consider this issue and.let me know if you wish to pursue further discussion. I would not envision any change in the status of the popcorn wagon. A copy of the ordinance governing the use of City Plaza, with relevant provisions underlined, is attached for your review. In the past there has been an average of four mobile vendors operating on the Plaza during the summer vending season. Very few ambulatory vending permits have been sought. cc: City Manager Assistant City Manager Redevelopment Coordinator /sp 31 el �I . I i ...: , ...i�t.:'i-t',-r:+retAl•n,A • , i. .� ...... w.,iwa...�p_.� _ j n:ddM1 ifm. rd .. a., _ ... ..L �i:"!Yaa'Y.,J•n�w� f 1 i L 7 Chapter 9.1 CITY PLAZA* Sec. 9.1-1. Purpose. It is the intent of this chapter to regulate the use of City Plaza in order to promote the public interest by: (a) Making City Plaza an active and attractive pedestrian environment; (b) Providing the opportunity for creative, colorful pedes- trian -focused commercial and cultural activities on a day/night,.year-round —and—seasonal basis; (c) Encouraging commercial activities which add interest charm, Vitality, diversity and good design to City Plaza; (d) Encouraging the upgrading of store -fronts and the de- velopment of compatible and well-designed elements within Zone 1; (e) Controlling the use of vehicles and bicycles in City Plaza. The intent of the City Plaza Use Regulations is that private development within City Plaza is to be permitted sparingly and only for those proposals that meet the objectives stated above. It is not to be considered a "use by right." (Ord. No. 78.2898, § 1, 5-16-78; Ord. No. 82-3058, § 3,4-27-82) Sec. 9.1.2. Definitions. (For the purposes of this chapter, the following terms shall have the meanings stated herein:] 'Editor's note—Ord. No. 78-2884, 111-11, enacted May 18, 1978, was nonamendatory of the Code and has been included as Ch. 9.1, If 9.1.1 - 9.1.11, at the editor's discretion. Subsequently, the chapter was amended in its entirety by Ord. No. 82.3058. Cross references --Advertising, Ch. 3; animate and fowl, Ch. 7; build. Ing regulations, Ch. 8; licenses, Ch. 21; motor vehicles and traffic, Ch. 23; peddlers, Ch. 28; streets, sidewalks and public plans, Ch. el. Supp. No. 13 689 e�r.reer. r,a,seeer♦,a.� I 19.1.2 IOWA CITY CODE ,ems` CITY PLAZA 19.1•G Ambulatory vendor. An individual selling goads or services while (h) Zone 2: The six-foot pedestrian lanes adjoining Zone I on mowing t tTl roug�nes 1, 2 and 3 and operating without the use of a each side, the landscaped areas, the areas with street furniture and mobile vending cart or kiosk and with n minimum of equipment, features, and other areas as specified on map. e.g., balloons, portrait artist. (c) Zone 3: The emergency/service lane. Audio ambience: A localized use of sound intended to create n The zones are illustrated in the attached City Plaza map. This map pleasant, Telexing atmosphere. can be amended from time to time as necessary by resolution. (Ord. City plaza: That area of city property extending from the nort h- No. 78-2894, § 3, 5-I6-78; Oid. No. 82-3058. § 5,4-27-82) ern right-of-way line to the southern right-of-way line of College Note—The City Plaza plan is not included herein; it may be found Street from the eastern right-of-way line of Clinton Street to the on file in the office of the city clerk. western right-of-way line of Linn Street; and extending from the western right-of-way line to the eastern right-of-way line of Do- Sec. 9.1.4. Bicycle regulations. buque Street from the southern right-of-way line of Washington No person shall ride a bicycle within City Plaza. No bicycles Street to the northern right-of-way line of Washington Street to the shall be left unattended within City Plaza unless located in a northern right-of-way line of the Block 82 alley between Burlington bicycle rack. Any violation of this section shall be a simple misde. Street and College Street. meanor. (Ord. No. 78-2894, § 4, 5-16-78; Ord. No. 82-3058, § 6, Kiosk: A small structure that is stationary and can be either 4.27.82) permanent or seasonal in nature. Sec. 9.1-5. Motor vehicle regulations. Landscaping: Live plant material used strictly for an ornamental / or ecological purpose. { Except as otherwise provided herein, no motor vehicles, ex - Mobile vending cart: A nonmotorized structure on wheels that is } cept emergency vehicles, shall be operated within the limits 7F east uv�l—ym"ed aortia used for vending. of City Plaza without a permit. A permit for the operation of motor vehicles within City Plaza may be issued by the city �tt, Mobile vendor: Operator of mobile vending cart.. manager on his/her designee upon application according to the Permanent structure: Any structure erected for ayear-round following conditions: use. (a) Any business located on property which does not other- wise abut a public right-of-way other than City Plaza Seasonal construction: Any structure erected for a seasonal or may be granted a continuing permit upon a showing temporary activity and which is removed from the plaza in off- that such is necessary to provide for the delivery of season. (Ord. No. 78.2894, § 2, 5.16.78; Ord. No. 82.3058, § 4, goods to or from the business. Such permit shall allow 4-27.82) the presence of the vehicle within the plaza only during active loading and unloading. Sec. 9.1-3. Description of mall zones. (b) Any individual may be granted a temporary permit (a) Zone 1: The ten -foot strip directly abutting the private prop- upon a showing that the placement or operation of n erty lines. Zone I extends the length of the City Plaza along all sides motor vehicle upon City Plaza for a specified, limited of the plaza. period of time is necessary. Supp. No. 13 Supp, No, 13 640 641 IOWA CITY CODE (c) A service vehicle operated by the city may operate within City Plaza without a permit when performing necessary maintenance requiring the use of the vehicle. Any violation of this section shall be a simple misdemeanor. (Ord. No. 78.2894, § 5.5.16.78; Ord. No. 82.3058, § 7, 4.27.82) Sec. 8.1-6. Animal regulations. Notwithstanding the provisions of any other city ordinance, no person shall take, accompany or allow any animal into City Plaza. This provision shall not apply to a Seeing Eye dog being used to assist a blind person. Any violation of this section shall be a simple misdemeanor. (Ord. No. 78.2894, § 6,5-16-78; Ord. No. 82.3058, § 8, 4-'17.82) Sec. 9.1-7. Use ofCityP(aza. (a) Permitted uses: Permitted uses include those listed below. Other uses consistent with the purposes stated in section 9.1 -1 may be permitted if specifically approved. When a mobile or temporary use is allowed• it is understood that IRE au u exten to ne or me'l areas whit are already eased for other purposes; e.g., mobile ven mg carts may not approach Estrous seated in a sidewalk ca e. (1) Ambulatory vendors e.g., balloons or portraits (Zone 1,2,3). J (2) Mobile vending carts for food, flowers/plants, news- papers /magazines,ec. one 2). (3) Sidewalk cafe (Zone 1, 2). (4) Stairways to basements. Pursuant to Chapter I04A of the Code of Iowa, stairways shall only be permitted when the business on the basement level has an alternate entrance which makes it accessible to the handicapped or otherwise complies with state law (Zone 1). (5) Display window extensions (Zone 1). (6) Building front and or basement extensions provided the use of the extension is the same as the store ac- tivity (Zone 1). Supp. No. 13 642 o� m CITY PLAZA ' g 9.1-7 (7) Municipally owned kiosks. (8) Landscaping (Zone 1, 2). (9) Arts and crafts sales of handmade articles by an organized { guild, association or club on an occasional basis (Zones 1 and 2). i (10) Sales or exhibits by individual artists or artisans and food vending on a temporary basis for special events (Zone 1, 2, 3). Zone 3 users must be totally ambulatory. (11) Events of an educational or entertainment nature (Zone 1, 2, 3). Zone 3 users must be totally ambulatory. (b) Usable area: (1) Zone 1: Permits may be issued for any part of Zone 1. Building extensions shall only be allowed where, in the sole judgment of the city council, such extensions enhance the quality of City Plaza. (2) Zone 2: The usable areas are as shown on the attached plaza �( diagrams. �•. (3) Plaza landscaping may be modified or removed to a limited extent, if the net effect enhances the ambience of the City Plaza and if approved as part of the permit application. The applicant in such cases must agree to restore the plaza landscaping to its original condition upon termination of the permit and provide a bond or escrow account in an amount determined by the city. (4) Zone 3: The area is to be used only for ambulatory vendors with its primary purpose to be maintained as an emer- gency/service lane. (c) Days and hours of operation: Buildings extended onto the City Plaza are to be open at least during normal retail business hours, Monday through Saturday, throughout the year. Sidewalk cafes and mobile carts may operate sensonall bol must be nt least in operation su stands through normal retail business ours, on ny through Snturday, ay o October 1. Other months or operation mayTe—granted by permit for ambulatory - Supp. No. 16 643 4 9.1-7 IOWA CITY CODE vendors and mobile carts when the product, is related to another season. (d) Noise control: Any request for the use of sound must be specifically approved and may be permitted onlyif it will encourage an audio ambience within the City Plaza, while at the game time protecting the general public from an overload, volume or type of sound that is disturbing or inappropriate for a pedestrian area. Cross reference—City Plain noise control pror•isinns continued in effect by noise control ordinance, 124.4-15. (e) Insurance and indemnification: The applicant shall agree to indemnify, defend and save harmless the City of Iowa City, its agents, officers and employees, from and against all claims, damages, losses and expenses in any man- ner resulting from, arising out of or connected with the construction, use, maintenance or removal of an structure, cart or use. The applicant shall at all times maintain oT liabi tty insurance in the minimum amount of three hun- dred thousand dollars ($900,000.00) for personal injuries, slid, fifty thousand dollars ($50,000.00) for property dsm- age arising out of the permitted operation. The applicant s)iall file, in the office of the city clerk, a copy of the liability insurance policy executed by a company authorized to do in- surance business in the State of Iowa in a form appproved by the city clerk. The policy shall further provide thirty (80) days' notice of cancellation or material change to the city clerk. Such cancellation or change without written approval shall automatically revoke the permit or lease. The city manager may waive the insurance requirements for any casual and/or temporary sales activity, or for any cultural or enter- tainment activity as he/she deems appropriate. (f) Performance time limits: Sidewalk cafes and mobile vending carts must he in opera ion wi un sixty ays of the start date provideprovidea for in the permd, ort a permit approval shall autonm -17 ically expire. Building extension shall ie comp e e mi m npern• fion witsn such reasonable time as said in the permit, ns pro• vided in section 9.1.9(n). Supp. No. 15 644 CITY PLAZA 1 9.1.8 (g) Maintenance: The applicant is responsible for maintaining the area within and in proximity to his/her location in a clean and hazard -free condition, including snow removal for a distance of ten (10) feet from any structure occupied by the applicant. Supplementary trash containers must be provided if considered necessary and specified in the lease or permit. All landscaping pro- vided b thea licant and the exterior of all structures and carts must be maintained in good condition by the applicant. (It) Illumination: Nighttime interior illumination of all build- ing fronts and basement extensions, display window extensions and basement stair wells is required during hours of operation. (i) Newspaper -vending machines: The city will make available, at a reasonable cost, apace in the city -owned newspaper dispenser units on City Plaza. In the case of more applications than available space, a selection procedure that is deemed fair, reasonable and appropriate by the city shall be established. (j) Construction costs: All costs of construction are to be paid by the applicant, including coats of damage or repair to the City Plaza caused by the construction. (Ord. No. 79- 2894, 6 7, 5.16.78; Ord. No. 52.3058, 19, 4.27-82; Ord. No. 823085, F 2a—f, 10.26.82) Sec. 9.1-8. City Plaza use permits. (a) Mobile vendors: Specific locations have been designated within the boundaries of City Plaza for the operation of mobile vending carts. Each mobile vending permit shall carry with it the authoriza- tion to operate at one or two (2) designated locations. The vendor may sell in transit if a customer request is made, provided the primary trade shall be conducted at oae of the designated locations. All lease applications for mobile vendor operations must be received at least four (4) weeks before the proposed start of the lease. The city manager or his/her appointed designee may issue a permit to operate a mobile vending cart in the public right-of-way of City Plaza after careful consideration and assurance that the following conditions have or will be mel: Supp. No. 15 645 Oi M 9.1•s IOWA CITY COPE (1) An authorized designated mobile vending location is avail- able which will not interfere with the operation of an existing mobile vendor, the general use of City Plaza, and free move- ment within the emergency/service lane. (2) The applicant's proposed mode of operation will not impede the free Bow of pedestrian traffic along the City Plaza right- of-way, and in or out of retail establishments fronting on the plaza. J (3) The applicant agrees to operate his/her business only within the boundaries of City Plaza and only at designated mobile vending locations or in transit between them. The applicant's permit may be revoked if these specified locations are not used. (4) The la size applicant's of four (4) feetons of the ide by eighting cart shall i eight (8) feet long by s exceed x (6) feet high. (5) The applicant sholl store the vending cart off the City Plaza and shall describe the provisions for storage in the permit application. (6) The applicant has obtained all necessary permits required by the Johnson County department of health. The sale or assignment of a mobile vending permit for City Plaza is expressly prohibited. The city reserves the right to revoke a permit, as it deems necessary. (b) Ambulatory vendors: The city manager or his/her appointed designee may issue n permit for the purposes of ambulatory vending in the public right-of-way of City Plaza after careful consideration of the applicant's proposed business, and assurance that the follow- ing conditions have or will be met. All applications for ambulatory vendor operations must be received at least rive (5) days before the proposed start of operations. (1) The applicant will operate without the use of a mobile vend- ing cart, and with a minimum of equipment. 121 im- pedeThe the lfree flow rlr f pedeposed strian on traffic along the Cityode of oerion neier lPlnza Supp. No.15 646 C,� CITY PLAZA § 9.1.8 right-of-way, nor shall it interfere with such pedestrian move. ment into or out of retail establishments fronting on the plaza. (;t) The applicant will conduct his/her vending completely within the boundaries of City Plaza. (4) The applicant has obtained all necessary permits required by the Johnson County Department ofHealth. The sale or assignment of an ambulatory vending permit for City Plaza is expressly prohibited. (c) Other events: For all other events, an application for the use of City Plaza must be received at least ten (10) days before the start of the event. (d) Permanent and temporary structures: The city manager, upon approval of city council, may enter into an agreement for the sale or lease of public right-of-way in the City Plaza for the con- struction of an addition to an existing store front or for the temporary or seasonal use of Zone 1 by the owner or operator of abutting property. Said lease or sale shall only be entered into after careful consideration and assurance that the following con- ditions have or will be met: (1) Building design: a. Additions to buildings shall be harmonious in scale and design with permanent neighboring structures and with the City Plaza. b. Materials shall be suitable for the style and design of buildings in which they are used. c. Materials which are architecturally harmonious shall be used for all building walls and other exterior building components wholly or partly visible from public ways. d. Selection of materials shall be guided by the following: I. Harmony with adjoining buildings; 2. Relationship to the brick and wood theme of City Plaza; 3. Materials shall lie of durable quality. Supp. No. 15 647 9.I•P IOWA CITY CODE CITY PLAM § 9.1.9 e. Building components, such as windows, doors, eaves, b. No building permit for the construction of any tempo - and parapets, shall have good proportions and relation- rary structure or any building extension to be con• ship to one another. structed pursuant to this chapter shall be issued until f. Colors shall be selected for their harmony and/or ability plans for said construction have been reviewed by the design review committee and approved by the city to complement the color scheme of the City Plaza. council. The design review committee shall, within g. Mechanical equipment or other utility hardware on roof, thirty (30) days of receipt of said plans, review the ground or buildings shall be screened from public view plans and advise approval, approval with conditions, with materials harmonious with the building, or shall be located to be from ways. or disapproval in a written report forwarded to the city council and the applicant. if the design review h. so as not visible any public Exterior lighting shall be part of the architectural con- committee recommends approval with conditions, it shall require the t vote of cove (5) members cept. Fixtures, standards, and all exposed accessories laffirmative constitute city council Approval of the council to con it shall be harmonious with building design. my pursuant to this section unless such conditions are ec (2) Signs: met; and if the design review committee recommends a. All signs shell he pert of the architectural concept. Size, disapproval, it shall require the affirmative vote of cove (5) members of the city council constitute city color, lettering, location and arrangement shall be har- tion. (Ord. No. council approval pursuant to this section. monious with the building design, and shall be compat- ible with signs on adjoining buildings. Ord. 0.§8,085,§8;Ord.0-26-82)058,§10,4.27.82; q� Ord. No. 82-3065, § 2g, h, 10•..6-82) b. Materials used in signs shall have good architectural character and be harmonious with building design and Sec. 9.1.9. Application procedures. the materials used in the City Plaza. (a) In order to obtain a permit pursuant to this chapter, c. Every sign shall express in scale and in proportion an the applicant shall file an application with the city manager appropriate visual relationship to buildings and sur- or his/her designee. In order to be considered, the applica- roundings. tion and attachments shall contain sufficient information to d. Colors shall be used harmoniously and with restraint. fully determine the intent of the applicant and to insure full compliance with this chapter. The city manager shall estab- Excessive brightness and brilliant colors shall be avoid- lish the requirements for applications and shall establish the ed. Lighting shall be harmonious with the design. If procedures for review of all applications. external spot lighting is used, it shall be arranged so that the light source is shielded from view. (b) Prior to the issuance of any permit or authorization of (31 Additional criteria: any lease which includes the construction of any improve- ments, the design of such improvements shall be submitted a. The design review committee may, from time to time, to the design review committee for review. The design review formulate additional design criteria for the review of committee shall review the plane submitted and shall make proposed construction pursuant to this chapter. Such a written recommendation to the city manager. criteria shall become effective only when adopted by the (c) In cases where there may be more than one application city council by resolution, for a particular location, or the city manager considers it in • Supp. No, 15 648 -.� Supp. No. 15 849 �y�py�,y�{�(�illtmJrlw�w"ML:,..-`_•.-•Mliwf�DeJ�IwIW►aa'w'W6�Pwc`Lti�u,uWr•.irwrc,w�.ra.,.r....u�..r.ourar I �u�araa 61 1 9.1.9 IOWA CITY CODE the public interest to solicit proposals, the city manager shall establish such selection procedures as he/she deems fair, rea- sonable and appropriate. (d) Applications for a change of use shall follow the same procedure and be subject to the same review and approval criteria as new applications, (Ord. No. 78.2894, § 9, 5.16-78; Ord. No. 82.3058, § 11, 4.27.82) Sec. 9.1-10. Fees. A fee, if applicable, shall be paid within ten (10) days of the granting of the City Plaza use permit and before the permitted activity begins. The city council shall periodically review and revise, as appropriate, by resolution, fees for the lease of property and for the issuance of permits authorized herein. Failure to provide the applicable payment as specified in any lease agreement within ten (10) days of the prescribed time will result in a revocation of the lease and permit. (Ord. No. 78-2894, § 10, 5.16-78; Ord. No. 82.3058, § 12,41-27-82) See. 9.1.11. Renewal and termination. (a) Permits for permanent construction shall be for the term specified in the lease agreement or until terminated or revoked by the city manager pursuant to the lease agreement. (b) Other permits for specific locations are for one year, then renewable automatically for one a ltional year, pro- vided the permittee operated at least three (3) months dur- ing the first year. (c) Permits are nontransferable. Leases may be assigned or sublet only upon prior written approval of the city council. (d) Upon revocation or termination of any permit, the per- mittee shall be responsible for removing the structure and re- storing the permit area to its condition prior to the issuance of the permit. (Ord. No. 78-2894, § 11, 5.16.78; Ord. No. 82.3058, § 13,4.27.82) Supp. No. 15 [The next page le 669] 660' yr%Y.J.-li[ir. 11 �r ♦�-ir I era..u.ra�i vw.ruu,uaatiw:.u.+ I City of Iowa City MEMORANDUM Date: February 7, 1984 To: Mayor and City Council From: Neal G. Berlin, City Manager Re: Charter Review Commission Section 8.02, of the Iowa City Charter states "The Council,... shall establish a charter review commission at least once every ten years following effective date of this charter. The commission, consisting of at least nine members, shall review the existing charter and may within twelve months recommend any charter amendments that it deems fit. The Council shall submit such amend- ments to the voters in the form prescribed by the Commission, and an amend- ment becomes effective when approved by a majority of those voting. The Charter of the City of Iowa City was adopted by the voters on November 15, 1973 and by ordinance on January 2, 1976. Therefore the charter became effective on January 2, 1976. It would be appropriate for the City Council to appoint the charter review commission early in -1984 so that its report may be received before the middle of 1985. Therefore, if any changes are appropriate, they could be considered in the 1985 election. A draft resolution establishing the Charter Review Commission is attached. Subsequent to the adoption of the resolution, the vacancies would be publicly announced in the same manner for other boards and commissions. It would appear appropriate for continuity purposes to have several members of the original charter commission participate in the review. The original members of the commission were: William Meardon Clayton Ringgenberg Penney Davidson Patricia Cain Brad DeCounter David Baldus Dale Welt James Knight Robert Corrigan This matter will be scheduled for your review at an early informal session. bj/sp RESOLUTION NO. R RESOLUTION ESTABLISHING CHARTER REVIEW COMMISSION. ��- 1 WHEREAS, the City of Iowa City Charter became effective on January 2, 1976, and, WHEREAS, the Charter provides that the City Council shall establish a Charter Review Commission at least once every ten years following the effective date of the Charter for the purpose of reviewing the Charter and recommending amendments to the electorate; and WHEREAS, the appointment of a Charter Review Commission is now appropriate so that Commission recommendations, if any, may appear on the ballot at the regular City election in November 1985. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Charter Review Commission be and the same is hereby established consisting of nine members to be appointed by the City Council in accordance with the appropriate procedures of the Charter; and, 1. For the purposes of continuity and historical clarity, it is preferred that a majority of the members of the Charter Review Commission be constituted of the members of the original Charter Commission; 2. The report of the Charter Review Commission shall be presented to the City Council on or before April 1, 1985; 3. The responsibility of the Charter Review Commission is to review the Iowa City Charter as prescribed by Section 8.02, Charter Review Commission; 4. The City Manager and City Attorney shall providK such administrative and legal support as the City Council may authorize for the Charter Review Commission. It was moved by and seconded by the Resolution be adopted, and upon roll ca ere were. It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Passed and approved this day of ATTEST: CITY CLERK Ambrisco Baker Dickson Erdahl McDonald Strait Zuber 1984. 30S City of Iowa City MEMORANDUM Date: February 10, 1954 To: City Council From: City Manage Re: Consultant Proposal for a Comprehensive Transit Maintenance Manage- ment Study The City Council asked the staff to review the consultant selection process. Specific policy recommendations will be presented to the Council in the near future. Attached is a request for proposals for the transit maintenance study. This request is provided to you because it is a good example of how the City goes about selecting consultants and includes the criteria for making the deci- sion. If you have any comments concerning this process that might be useful to us as we undertake the review of the consultant selection process, I would appreciate receiving them. /sp REQUEST FOR CONSULTANT PROPOSAL FOR A COMPREHENSIVE TRANSIT MAINTENANCE MANAGEMENT STUDY It is the intent of the Johnson County Council of Governments (JCCOG) to select a consultant to conduct a Transit Maintenance Management Study for Iowa City Transit (ICT), Civic Center, 410 East Washington, Iowa City, Iowa 52240. A. INSTRUCTIONS FOR PROPOSAL Proposals should conform to the following: 1. Senior personnel who will work on the project should be identified by name, qualification and by role in the project, e.g., project manager, principal in charge, etc. State the amount of time such individuals will devote to each work task in the project. Include an estimate of the amount of time consultant personnel will spend on site. If JCCOG should determine that the personnel identified under this section are not performing the work on this project, then JCCOG shall retain the right to cancel this project with five days notice to the Contractor. 2. Proposals shall include as separate items a "Scope of Work," a "Budget," and "Compliance Requirements" to be included as appendices A, 8, and C of the attached Sample Contract. The proposal shall include a "Project Narrative," which will serve as support to the task descriptions. The project narrative shall describe the proposed approach to the study and a plan workflow and timetable. The proposal shall also include a "Consultant Qualification" section outlining the background and experience of the consultant(s) with particular emphasis on similar work. The cost of the project shall not exceed $5,000. 3. The consultant should -review the attached Sample Contract and any exceptions should be noted in the proposal. 4. JCCOG hereby notifies all bidders that it will insure that, in regards to any contract entered into pertinent to this adver- tisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award. (Return attached form.) 5. Five (5) copies of the proposal shall be addressed to: Larry McGonagle, Transit Manager, Iowa City Transit, Civic Center, 410 East Washington, Iowa City, Iowa 52240. Proposals should be received no later than 5:00 p.m., March 2, 1984. 6. All proposals will be reviewed by a consultant selection committee which shall reserve the right to reject any or all proposals submitted. .306 -------------- 2 ---- -_.,2 7. Liability and Indemnification The Contractor agrees to indemnify, defend, and save harmless the Johnson County Council of Governments from and against any claims, suits, damages, cost, losses, and expenses in any manner resulting from or in connection with the responsibilities of the Contractor as detailed in this agreement. 8. JCCOG will not accept as a principal final recommendation that the City of Iowa City provide more manpower and/or financial support to improve its transit maintenance. While JCCOG recognizes that additional manpower and/or financial support may be a recommendation, the Contractor shall be expected to make recommendations based on the City of Iowa City's present resources or some modification of these resources. B. PURPOSE AND SCOPE The Iowa City Transit (ICT) System is the municipally owned public mass transportation provider for the City of Iowa City, Iowa. ICT presently operates a fleet of 22 buses from a single facility. (ICT is in the process of building a new Transit Facility and purchasing six addi- tional buses. These changes shall be considered in any study under- taken.) There is a peak vehicle demand of 18 with a base demand of 14 buses. Approximately 9,700 passenger trips are served by the system on a typicalweekday. For fiscal 1983, the system transported more than 2.4 million passengers while operating nearly 760,000 miles and 5,000 hours. In accomplishing this service delivery, ICT recovered 47 percent of its operating expenses from system generated revenues. The Iowa City Transit System currently has four employees in the maintenance operation. These employees are managed and supported by one administrative and supervisory person. The ability of the Equip- ment Superintendent to effectively manage this workforce is critical not only to service delivery, and sound fiscal management, but also safety. Maintenance employees work for the Equipment Division, but perform duties at the Transit Facility. The Public Transit Department pays for these services through an internal chargeback arrangement. The purpose of this study is to review and critique the transit maintenance function, while making recommendations which will enhance the overall effectiveness and efficiency of the maintenance function. Proposals shall be based on completion of the following scope of service tasks: •A review of the new Transit Maintenance Facility and recommen- dations for its efficient utilization. -An analysis of current workflow procedures and recommendations for improvements as needed. -An analysis and recommendation for improvements in the mainte- nance management system. 3V6 �l 3 •An outline for a comprehensive maintenance program to include workload forecasting, procedures, daily inspections and recommendations for improvements in maintenance forms and checklists. •Evaluate and make recommendations concerning the present maintenance structure and how it relates to operation. •Preparation of a staffing plan for maximum utilization of personnel recourses. Determine numerical staffing needs. (Special care must be taken to base this plan on a new transit facility and an increased bus fleet.) •An outline for employee training and productivity improve- ments. The following represents an example of the areas to be covered in this section. These examples are not intended to be all inclusive. 1. What areas are in need of further training? What type of training is necessary? What financial resources are available to provide this training? Are resources available in-house or out -house? Further training is to be prioritized in order of importance. 2. Using present resources, what should maintenance emloyees' hours of work be? If additional personnel are needed, what hours should these individuals work? 3. How should present maintenance duties be assigned to improve productivity? Who should be performing these duties (i.e. lead mechanic, or other mechanics)? 4. What measurements can be used to determine productivity improvements? .Maintenance Policy. The Contractor shall assist the City of Iowa City to establish goals and objectives of a maintenance program in terms of an acceptable level of: a. Vehicle life. b. Frequency of road service. c. Failure rate. d. Ratio of maintenance labor to other labor. e. Other pertinent factors. The Contractor shall insure that this maintenance policy meets the requirements of Section 9 Circular UMTA C 9030.1, Part V c (NOTE). 3,96 1� r The consultant will document the results of this study in a technical report. Five (5) copies of the draft final report will be submitted to Iowa City Transit to review. The consult- ant shall incorporate Iowa City Transit's review comments and comment upon them, into the final report. In the final report the consultant shall comment upon the cost and possible funding sources, for their recommendations. The consultant will deliver ten (10) copies of the final report after approval of the draft request. The work performed shall be accomplished within a period of 60 calendar days from notice to proceed. The funding budgeted for this study will not exceed $5,000. PROPOSAL CONTENTS The proposal to be submitted by the consultant shall contain as a minimum the following information: 1. Introduction and study statement of understanding. 2. Scope of services. 3. Consultant qualifications and experience. 4. Study staffing and resumes. 5. Study schedule. 6. Study budget and fee. 7. List of references. Questions regarding this proposal should be addressed to: Larry McGonagle, Iowa City Transit, Civic Center, 410 East Washington, Iowa City, Iowa 52240. C. Information requested herein must be furnished fully and completely in compliance with the instructions. The information requested and the manner of presentation are essential to permit prompt and meaningful evaluation of all proposals on a fair and uniform basis. PROPOSAL EVALUATION In General Proposal documentation requirements set forth in the Proposal are designed to provide guidance to the Proposer concerning the type of documentation that will be used by ICT. Proposers should be prepared to respond to requests by ICT for any additional information in oral discussions, should such oral discussions be required by ICT. ,306 1.1 5 Evaluation criteria together with methods of evaluation are defined below. Proposals submitted shall be evaluated in accordance with these criteria. Proposals shall be typed and double-spaced. Proposers are cautioned not to minimize the importance of adequate response in any area because it carries less weight than other areas. Suitabilitv Factors The factors identified below are factors which will indicate the ability of the Proposer to actually accomplish the work required. A. Work Plan (limit - 20 pages - double-spaced) Under this section, evaluation will be made of the Proposer's understanding of the complexities and its suggestion of ap- proaches for the services required by the Proposal Document. The Proposer should: 1. Include a statement of the services (Work Plan) to be offered by the Proposer. Such statement should include a description of the Proposer's comprehensive plan for the performance audit of the transportation maintenance function in accordance with the Scope of Services, Section "B", for this Request for Proposal. Your Work Plan should highlight special emphasis, techniques and other unique characteristics of approach. 2. Submit an organizational chart which shows the organi- zation you propose to establish to perform the serv- ices. If your proposal is a joint venture, or if you propose to subcontract a portion of the work, explain how you will organize to assure effective management control. 3. Discuss the authority of the individual proposed as Project Manager, particularly as it relates to your corporate or home office operation. Also, describe his/her authority and administrative and operational responsibilities with respect to the work to be performed. j 4. Include an outline of your Proposed Report. B. Personnel Under this section, an evaluation will be made of the Pro - poser's ability to efficiently and effectively manage and perform the contract work as demonstrated by the qualifica- tions, capabilities, and commitments of the proposed personnel. 3o6 l 1 6 1. Key Personnel Iowa City Transit will evaluate the education, the experience, past performance, commitment, and overall capability of the key personnel the Proposer expects to use in their proposal. Complete key personnel resumes shall be submitted for all key personnel proposed. Proposers are advised that failure to have key person- nel committed to this proposed effort may adversely impact the key personnel scores. Similarly, the capability or lack of capability demonstrated by proposed key personnel and oral discussions that may be i scheduled for those firms determined to be in the competitive range may be considered in arriving at final scores. The absence of key personnel from oral discussions may adversely impact the Proposer's key personnel score. 2. Other Personnel An evaluation will be made of the Proposer's assessment of qualifications for specific positions. The expertise that a proposer can provide to accommo- date the required effort will be demonstrated in part by the quality of the staff (exclusive of key person- nel) you propose to establish, as well as those individuals who are within or available to, the company, who stand ready to provide back-up expertise i in the event these services are needed. Therefore, for each of the labor classifications identified on your firm's organizational charts for the Project, submit information adequate to permit a thorough evaluation and assessment of the qualifications you believe must be possessed by individuals in those categories (exclusive of key personnel proposed) or to assure successful accomplishment of work under the contract. C. Schedule and Cost Factors (limit - 6 pages, plus forms -double- space 1. Schedule All work must be completed within 45 days of receipt of a Notice to Proceed following execution of the Agree- ment. 2. Cost Factors Cost factors are those factors which indicate the adequacy and realism of each cost proposal and the probable cost that will be incurred in practice. The evaluation of cost factors will include an assessment 306 :I ■ I i .. A 7 of the cost of doing business with each Proposer, predicted growth and proposed cost during the course of the program and features of each Proposer's situation that would cause the proposed effort to cost more or less than that of other proposers. D.Ex erience and Past Performance Factors (limit - 20 pages - ou a -space Experience is the accomplishment of work which is comparable or related to the work required under this procurement. Past Performance indicates how well a Proposer did on earlier work and can be a significant indicator of how well he/she can be expected to perform the work at hand. 1. Company Experience Iowa City Transit will evaluate the relatedness and recency of your company experience and how you propose to utilize that experience on the proposed contract. Cite any experience you have had within the preceding five (5) years which is related to this effort with special emphasis on the experience of the division of your company that will perform the proposed contract. Proposers must demonstrate experience in assessing the transportation maintenance functions. Submit a description for each of at least three (3) of the most recent contracts under which your company has performed that are most applicable to this effort and that are representative of your capability. In citing these past contracts, preference should be given, if possible, to Government contracts. If reasonable doubt arises as to bidders solvency, the Johnson County Council of Governments reserves the right to require financial information sufficient to show solvency. E. Past Performance In addition to company experience, Iowa City Transit will evaluate past performance (e.g., how well you have performed). Iowa City Transit will contact organizations for which you have previously worked in order to obtain appraisals of your company's performance. In order to facilitate these checks, you are asked to supply the name, address, telephone number of the technical management and contracting official most familiar with your company's performance on the contracts that you have cited in Company Experience above. 306 0 F. Other Factors 1. In General The following have been identified as "Other Factors" for this procurement: Financial condition and capability to perform the contract requirement. Acceptance of contract provisions. Factors in this grouping are those which have not been included in the Suitability, Cost, Experience and Past Performance. They will be evaluated by Iowa City Transit. These may not constitute an all-inclusive listing of "Other Factors" which may be considered in the selection decision. Relative Weight of Evaluation Criteria and Evaluation Process For evaluation purposes, the following areas of response defined above in Section "C" shall be weighed in the evaluation process as follows: I. SUITABILITY FACTORS WEIGHT FACTORS A. Work Plan 1. Management plan. 2. Proposed Services and Outline of Performance Audit Report. 3. Time for performance. Total weight 4 B. Personnel 1. Key personnel. 2. Other personnel. Total weight 3 II. SCHEDULE AND COST FACTORS 1 III. A. EXPERIENCE 2 B. Past performance 4 IV. OTHER FACTORS 2 TOTAL WEIGHT OF FACTORS 16 306 9 Award of the Contract The contract will be awarded, if at all, to the Proposer deemed by the Johnson County Council of Governments to be most advantageous toward using the criteria set forth herein. JCCOG reserves the right to reject any and all proposals, to accept in whole or in part , to waive any informalities in proposals received, to accept proposals with varia- tions from specifications in those cases where efficiency of operation will not be impaired. However, if the negotiations following award of the Contract do not lead to an Agreement satisfactory to the Johnson County Council of Governments, the Johnson County Council of Govern- ments reserves the right to rescind the award and award the Contract to another Proposer deemed by the Johnson County Council of Governments to be the most advantageous to it. This process may be repeated as many times as the Johnson County Council of Governments deems necessary. JCCOG reserves the right to reduce the scope of the work requested to comply with the budgeted amount if all proposals come in at a dollar figure higher than budgeted. 346 7MY of Iowa City(` MEMORANDUM Date: February 9, 1984 To: City Council From: Dale Helling, Assistant City Manager Re: Meetings with Area Legislators At your meeting of January 24, 1984, you requested information regarding the meeting with area legislators sponsored by the League of Women Voters and the County. There was a question as to whether the meeting started before the time indicated. In checking with County staff, I am advised that the meeting co-sponsored by the County and the League, scheduled for 9:30 a.m. on January 21, did start at approximately that time. However, the Area Legislators had agreed to meet with the County Board of Supervisors to discuss issues of concern to the Supervisors prior to the jointly spon- sored meeting. That meeting was advertised by the County to begin at 9:00 a.m. The City was not made aware of that meeting, and therefore it may have appeared that the meeting to which we were invited had started prior to 9:30 a.m. This was not the case, however. The other question addressed the scheduling of future meetings. ' A letter from the League of Women Voters indicating the dates and locations of future meetings is included with correspondence in your agenda packet this week. bdw/sp cc: City Manager 307 ^amity of Iowa City' MEMORANDUM Date: February 10, 1984 To: City Council From: Dale Helling, Assistant City Manager �. Re: Downtown Parking Committee At your informal meeting on January 30, 1984, Council received a letter from the president of the Iowa City Chamber of Commerce requesting that the City appoint a staff person to represent the City on a committee being established by the Chamber to investigate the parking needs and concerns in the Iowa City area. Since John Lundell is coordinating the parking study currently being undertaken by the City, it is appropriate that he also serve as the representative of the City on the Chamber of Commerce committee. bc2 cc: Don Schmeiser John Lundell Lee Staak i M MEMORANDUM DATE: February 9, 1984 TO: City Council FROM: Assistant City Manager (;Dr1i RE: Fact Sheet - World Trade Center Attached for your information is a fact sheet regarding the World Trade Center. This was furnished by the Iowa Development Commission at the meeting on February 8 at Phillips Hall. THE IOWA WORLD TRADE CENTER A FACT SHEET Export Production •. 3 Iowa's annual exports ranked in the' top ten'states`in'1982 with billion in total exports and was third in total per capita, exports., Three-fourths of Iowa's manufacturerw have products with' the` potential for ` export. • i Theavera a Iowa farmer produces enou h to feed the equivalent of 279 people, more than three times the food producing capability-ofthe,, average U.S. farmer. •. 28;5OO Jowa jobs in the manufacturing sector are'related'to exporti,.If a the state.of Iowa were to lose their total`'export market"for maciufactored Id v_ s.._ - - ..vc ' -- -gGOdn -av wontd pc cgaival2ut ta'clGsiag�.,D-uJeraga-oiic'd"plan w"acre s the state - nearly five in every county. • .i 1982 atatistics:1show that an•average 'of 25;OOO.jobs are created by each $1 a +:billion':in`U.S:,'exports: Using -Iowa's $5i5 billion'in'exports'that year as�a'base'.point,>if-the'Iowa 'World Trade Centerassisted in'increasing exports by 10%, an estimated 11,000 jobs could be created.,` ,;;The:Typical:World Trade Center: Planning, Tenant-Seleciion'and Operation _ • !:World:Trade Centers are designed 'to'iriciease`the'efficiency"and growth of a: state's international- trade'ana commerce. . A World Trade: .Center assists and complements the work of public arid' private 'organizations 'already -+involved-in exporting activity through a variety of facilities. and programs. • Every aspect of the planning, tenant selection and operation of a World Trade Center is aimed at assisting international business. It brings together'firms involved in world trade and provides those firm -a with Specialized services to facilitate their international business. • A World Trade Center serves as a focal point for international activities. ,r The primary tenants should include 'inter-related,businesses'engaged in foreign trading such as marketing, exporting, freight forwarding, banking, and insurance. Also needed are business tenants that support export commerce such as translation, legal, customs, travel and communication services. • Several functions contribute to the successful operation of a World Trade Center. These include: • A showcase with exhibit facilities for displaying the export products of the state or region it serves. • A 'shopping center' where businesses involved in international trade can have easy access to all the significant public and private organizations engaged in world trade. 3oi • Communication facilities to provide timely information on world trade transactions. • Educational services providing seminars and training programs on international business activities. Iowa's Unique World Trade Center • Iowa is taking a different approach in establishing our Iowa World Trade Center by.emphasizing.agriculture and agricultural related products in addition.to',manufactured goods. • The Iowa World Trade. Center will enhance Iowa's visibility in the international marketplace and solidify our position as the world's agricultural capital. • Iowa companies, especially small and medium sized operations that cannot afford overseas.. offices or travel on trade missions,.will have.the - ;opportunity.to become involved in international trade from a local arena and .to.showcase their products. "• `' The Iowa,World Trade Center has the potential of becowing a nucleus for- national.and international agribusiness which would makerthe state a focal ,point fordissemination of;information on agricultural, interests and place Iowa in the.forefront.in shaping national:and„international agricultural. `policy. iThe t ypea,oE bu ers attracted to the Iowa World Trade Center;could'provide , y thc�stimulus"io'-diversify production, especially in the area of food processing. Agriculture is more than bulk commodities and livestock.` - Iowa .currently,processes.agricultural.commodities into $13 billion of procesaed foods, o o my a fraction of .which is exported:. Expanding:and developing marketa.for processed foods would allow.processors`to.take Iowa's.raw agricultural products and process them in the state. This will add value to the products, create jobs, and provide access to competitive markets for.these,products. • The Iowa World Trade Center will be an attraction to foreign and domestic visitors and buyers.. Adding a landmark facility to Iowa's existing and man-made attractions, especially one that showcases present and long-range agricultural.and manufacturing products and technology, will strengthen the incentive to make Iowa part of a travel itinerary for a trade mission or a, pleasure visit. All sectors of Iowa's tourism industry will benefit from increased foreign and domestic visitors to the state. Facts and Figures About the Iowa World Trade Center • The Iowa World, Trade Center wili,have a 630,000 square feet of space in the exhibition area dedicated to providing permanent and temporary displays of Iowa products and housing ancillary services including a state-of-the-art communications center, the World Trade Institute and a Foreign Visitors' Center. • The Iowa World Trade Center will cost $70-75 million to construct and will be a joint project of the public and private sectors. The state of Iowa is being asked to commit $30 million to the project over a three year period, approximately $3.33 per Iowa resident for those three years. M&A Date: To: From: Re: 'ity of Iowa City MEMORANDUM February 10, 1984 City Council 1. Phyllis A. Williams, Civil Rights Specialist,2 � Discrimination Complaints v In response to the question "why does it take 16 months to investigate a civil rights complaint?", I'll begin my response by clarifying that the figure 15.93 represents the average number of months complaints were active during fiscal year 1983. Complaints are active from the time they are officially filed until they are officially closed and there are several factors which determine the amount of time a case remains active. For one, there is the complaint process. After a complaint has been filed, the allegations are investigated by staff. An investigative report is then written and a recommendation regarding whether discrimination has or has not occurred is made. The Assistant City Attorney receives the complaint file, reviews the information and a legal opinion is written, again with regards to whether discrimination did or did not occur. A team of the Commissioners (a conciliation team) reviews the file which now includes all pertinent data gathered during the investigati6n, staff's investigative report and the legal opinion. After reviewing this informa- tion the team makes the final determination. If "probable cause" is found, conciliation begins. Conciliation is a "meeting of the minds" process designed to make com- plainants whole. Complainants are asked to identify what remedy would place them in the position they would have been in had it not been for the discrimination. The complainant and the conciliation team discuss this remedy and the remedy the conciliation team deems appropriate is asked of the Respondent (the employer, the landlord, etc.). The negotiation process begins. If conciliation does occur, the case is closed. If conciliation fails, the team can either decide to close the case or schedule the case for public hearing. During a public hearing a neutral party hears both sides and makes a recommendation. If probable cause is again decided, the remedy can be enforced through district court. Other factors which affect the length of time cases remain active include: the complexity of the case, the cooperativeness of the Respondent during the investigation and the cooperativeness of the Respondent during con- ciliation. The process is a rather involved one, designed to ensure neutrality and objectivity. Ordinarily cases are investigated for three months, reviewed by Legal within 4-6 weeks and worked on by the concilia- tion team for no more than two months. This past fiscal year, however, we had more than our share of the more complex cases. When the more unusual or complex cases are dropped from the calculation, we end up with a figure of 8.1 months for the average time a case remained open during fiscal year '83. We always strive to move the cases through the complaint process as quickly as possible, and will continue to do so. bdw/sp 1310 I city of Iowa City MEMORANDUM Date: February 10, 1984 To: City Council i From: Dale E. Helling, Assistant City Manager Phyllis A. Williams, Civil Rights Specialist Re: Fair Housing Assistance Program This is a report on the status of the City of Iowa City's participation with the Fair Housing Assistance Program (FHAP). During FY83 the City of Iowa City became a participant of FHAP, a program under the administration of the U.S. Department of Housing and Urban Development (HUD). The purpose of FHAP is to provide financial assistance to state and local agencies charged with the administration of fair housing law as an incentive for states and localities (such as the Iowa City Human Rights Commission) to be able to assume a greater share of the responsibility for administering fair housing laws. The City of Iowa City was awarded $19,000 to be used primarily for capacity building activities. At that time the City Council asked that in approximately one year we apprise you of how we have utilized this funding. It was the contention of the officials at the Regional HUD office that the number of housing complaints received by our Commission did not accurately reflect the amount of housing discrimination occurring. Therefore, one of our goals was to engage in a variety of public outreach and education ac- tivities. We also had to investigate .all housing complaints within the time frames defined by HUD and we had a goal to test this community's housing market. 1. We first hired a half-time Civil Rights Assistant whose primary responsibilities are housing related. A copy of the job description for this position, as well as that of the Civil Rights Specialist, is attached. Paula Klein was hired during the latter part of FY83 (June 13, 1983). She works 20 hours per week at a current salary of $7.75 per hour. Paula has initiated several community outreach/education projects and a sampling of these activities are as follows: a. Designed, wrote, and has given a presentation on the history of fair housing laws, types of discriminatory practices, the Commis- sion's role, and present status of housing discrimination. The public was informed of this presentation and Paula's willingness to deliver it through the press and through the use of public service announcements. ail 2 b. Several media outreach and education activities have occurred, including: • The placement of two classified ads in several local newspapers. The ads have been in the papers since November 1983 at a total cost of $100.05. The first ad tells the community who we are and what we do. This ad runs until the end of February. The second ad asked persons in the community to come forward if they felt they had been treated differently within the area of housing because of their dependents, sexual orientation or source of income. We had hoped this ad would further assist us in determin- ing the number of residents who had housing complaints in these three areas which are included as protected categories in the proposed amendments to the City's Non -Discrimination Ordinance. When the Commission held its public hearing some time ago on the proposed amendments, several persons advised the Commissioners of I problems they had been having with securing or retaining housing i because of their dependents, etc. We thought that since the proposals are going to be considered soon, we would use a classi- fied ad to receive more current information on these problems. The ad, however, yielded no response and was discontinued in January. • Press releases and public service announcements have been issued regarding the jurisdiction of the Commission within the area of housing. • An interview was held with a reporter from a local newspaper regarding the Commission's fair housing program. c. Met with the Iowa City Board of Realtors Affirmative Action Com- mittee and discussed the status of their affirmative action marketing agreement. d. Designed and distributed a poster on housing discrimination. 2. During FY84 two housing complaints have been filed and investigated thus far. HUD found our timeframe acceptable on both cases. 3. The testing and auditing project is scheduled to begin in March 1984. An audit is a study done to determine if the quality, content and quantity of information and services given to clients in a protected class by rental agents and landlords is different from that given to other clients. A test is a study done for the same reason as an audit, but which is initiated by an actual complaint of housing discrimination and the information gathered is used to substantiate or refute the complaint. I 3 The testing and auditing program proposed will be conducted under the supervision of a coordinator who will send one to three teams of trained volunteers to approximately 36 rental complexes and/or landlords. Each team, which consists of one or two people, will be sent to the same agency at closely -spaced intervals, presenting similar backgrounds and housing desires. Each team member will keep detailed accounts of their experiences, thus providing statistics by which we can eventually measure the extent and nature of housing discrimination, as well as the impact and effectiveness of local non-discrimination laws in Iowa City. If during the course of an audit, discriminatory practices are identi- fied, the landlord will be contacted and the violations discussed so that future infractions of the City's fair housing law will not occur. After the auditing project has been completed, a report describing the results will be written and distributed. Although it is difficult to measure the results or effectiveness of our housing outreach program, we can compare the number of housing inquiries and complaints received during the fiscal years of 1982, 1983 and year-to-date: Fiscal Year Housing Inquiries Housing Complaints 1982 19 5 1983 22 2 1984 12 2 We have also experienced what appears to be some residual benefits from our housing outreach program in that an increase in inquiries and complaints in other areas besides housing has also occurred. Other (Employment, Public, Accom- Other Fiscal Year Inquiries modations Credit) Complaints 1982 129 or 10.7/month 1983 141 or 11.7/month 1984 124 or 15.5/month 9 10 12 In summary, we have been concentrating on the area of housing for the past six months. Our contract with HUD lasts throughout the current calendar year. Although we have made some inroads with regard to educating the public, another 12 months will give us a much better opportunity to determine if HUD is correct that a substantial amount of housing dis- crimination occurs in Iowa City. Even if that is not the case, a concen- tration within this area helps us to become more familiar with our community relative to the issue of housing. We strongly recommend our continued participation with FHAP through the remainder of 1984. I 7/1/62 r> CITY OF IOWA CITY m . CLASSIFICATION DESCRIPTION TITLE: Civil Rights Specialist BASIC FUNCTION AND RESPONSIBILITY To receive and investigate complaints of discrimination and coordinate City W/MBE and Contract Compliance program. CHARACTERISTIC DUTIES AND RESPONSIBILITIES Receive, investigate and report on citizen complaints of discrimination. Provide information or referral in response to civil rights related inquiries. Provide staff support to the Human Rights Commission: prepare reports, write newsletter provide training and coordinate Commission projects. Assist in the development and implementation of internal City Women/Minority Business Enterprise and Contract Compliance program. Monitor legislative and judicial development in the area of civil rights. Represent Human Rights Commission in various community organizations . concerned with civil rights. SUPERVISION RECEIVED General supervision is received from the Assistant City Manager. SUPERVISION EXERCISED None. QUALIFICIATIONS Bachelor's degree in pe;sonnel management or a related field or an equivalent combination of education and experience from which comparable knowledge and abilities can be acquired if necessary. One year of experience in the field of civil rights is necessary. Good knowledge of EEO/AA legislation and practice is necessary. CITY OF IOWA CITY CLASSIFICATION DESCRIPTION TITLE: 'Civil Rights Assistant BASIC FUNCTION AND RESPONSIBILITY I. Definition The Civil Rights Assistant assists the Civil Rights Specialist in receiving and investigating complaints of discrimination, particularly those related to housing and performs other related work as required. I1. Examples of Duties Investigates routine complaints of alleged discrimination (particularly housing) by interviewing and corresponding with complainants and respondents to obtain all relevant information. Evaluates the information received from individuals and organizations to determine whether there exists probable cause to believe unlawful discrimination has occurred. Writes investigative report and indicates recommended action to be taken on complaint. Coordinates and attends fact finding/mediation conferences in an attempt to reconcile differences between complainants and charged parties through negotiations. Develops, implements, and participates in various education programs, particularly those designed to increase the community's knowledge on fair �= housing rights. III. Training and Experience Requires 2 years college and at least one year of experience in a position with substantial public contact, preferably in the area of civil rights/human rights or a related area. College degree in related area is preferred. Relevant formal education and/or training may be substituted for the required public contact experience. IV. Knowledge and Skills Ability to acquire knowledge of Chapter 18 of the Code of Ordinance of the City of Iowa City and the Civil Rights Act of 1968 Title VIII. Ability to acquire a knowledge of the investigative practices and techniques applicable to alleged discrimination. Ability to obtain pertinent information regarding complaints through interviewing techniques and to accurately convey that information in oral and written form. Ability to keep informed of current trends and developments in equal opportunity and civil rights particularly within the area of housing. Occasional travel for training workshops and infrequent attendance at night meetings is required. 311 I 'Ity of Iowa City` - MEMORANDUM Date: February 10, 1984 To: City Council From: Phyllis A. Williams, Civil Rights Specialist Re: City's Non -Discrimination Ordinance Attached is the information that was provided to the City Council during March 1983 regarding the proposed amendments to the City's non-discrimina- tion ordinance. Discussion on this item is scheduled for your February 21st meeting. Commission and staff representatives will be present at that time. bdw2/27 Attachment 3 /_�__ City of Iowa City MEMORANDUM Date: March 23, 1983 To: Iowa City Council From: Iowa City Human Rights Commission 4 Re: Proposed Revisions to the Iowa City Human Rights Ordinance (Chapter 18 of the Code of Ordinances of the City of Iowa City, Iowa) The Iowa City Human Rights Commission recommends the attached proposed revisions to the Iowa City Human Rights Ordinance (Chapter 18 of the Code of Ordinances of the City of Iowa City, Iowa). We recommend these revisions in the spirit of updating and improving an otherwise excellent document which has made Iowa City a leader in the promotion of human rights for all of its citizens. Background of Proposed Revisions A subcommittee of the Commission (Futrell, Barcelo, Gill, Watson) began reviewing the ordinance during the Spring of 1982. Upon review the subcommittee proposed several changes. The full commission began discussion of the committee's recommendations in the summer of 1982. After several discussion sessions within the Commission, a public hearing was held in December 1982 to solicit public comment on the proposed changes. The Commission received written comments from the public in December and January, and met with the Housing Commission in January 1983 to discuss their concerns regarding the proposed revisions. After considering the comments and making some modifications, the subcommittee met with David Brown of the city legal staff to ensure that the wording of the proposed revisions accurately reflected our intent in legal terms. At the January meeting the Human Rights Commission voted 7-0, with one member absent and one vacancy, to support adoption of the attached revisions. Overview of Proposed Revisions The proposed revisions are of two types. First, we are proposing numerous minor and relatively noncontroversial changes. Many of these are wording changes to improve clarity or consistency. Others are changes in procedural sections to improve the functioning of the Commission. We have received no comments ,on these proposed changes and recommend them primarily as fine-tuning. The second group of changes are more substantive and more controversial. The current ordinance does not provide adequate protection against discrimination to the people of Iowa City in several areas and we propose to extend protection in those areas. The current ordinance protects individuals from discrimination on the basis of age, color, creed, disability, marital status, national origin, race, religion, sex and sexual orientation in the areas of employment, housing, public accommoda- tion and credit with the exceptions that: (a) marital status and sexual 3 /.Z- orientation are not protected under housing, and (b) mental disability is not protected under credit. The Commission strongly believes that these exceptions are illogical and effectively condone discrimination in these areas. Thus, we believe the following changes are necessary if Iowa City is to have a consistent human rights policy: (a) .the area of housing protection should be extended to include marital status and sexual orientation, and (b) the area of credit protection should be extended to include mental disability as well as physical disability. The Commission further proposes that protection in housing be extended to include the presence or absence of dependents and public assistance source of income. We believe that discrimination in housing on the basis of dependents and source of income has harmed persons in those categories, and extension of protection is needed in the interest of human rights in Iowa City. Rationale for Proposed Revisions marital 5zacus ano sexual orientation are protected classes in all other sections of the ordinance (employment, public accommodation, credit) and logically they should be protected classes in housing as well. The Commission finds no reason why discrimination on the basis of marital status or sexual orientation is any more acceptable in housing than in the other areas. Furthermore, public comment strongly supported these proposed revisions. The major objections to these inclusions, expressed in comments we received, was an objection to increased regulation in general. The inclusion of marital status and sexual orientation neither requests specific actions nor restricts activities in the area of housing and thus, this extension should have minimal impact on those providing housing in Iowa City. The existing regulations prohibiting discrimination on the basis of marital status and sexual orientation have had a positive effect on the Iowa City community. We believe that the compelling logic of extending protection in these areas far outweighs any possible detrimental effects of increased regulation. -1-1— xgV nuuelll . Illebe Glldrige5 wouia estaDllsn new protected classes only n .the area of housing. We believe that discrimi- nation on the basis of dependents and source of income in the area of housing has harmed Iowa City residents sufficiently to justify their inclusion in the ordinance. (It should be noted that in the first draft of proposed changes the provision for dependents was included in the definition of marital status. Confusion illustrated in the public comments prompted us to treat dependents as a separate issue.) The proposed revisions include dependents of all ages, such as elderly parents and disabled persons, as well as children. The provision for dependents has proven to be the most controversial proposal, and the concerns center around the issue of children. Public comments opposing the change focused on the suitability of some housing for children and the desires of other tenants to be in all -adult housing. The Commission recognizes the validity of these concerns, but believes the human rights of persons with dependents outweigh these arguments. It should be noted that the proposed 31,2— 3 inclusion of dependents in no way is intended to restrict the rights of property owners or others engaged in housing transactions to set fair and reasonable criteria regarding income, damage deposits, number of occupants, order and cleanliness as otherwise allowed by law. We strongly believe that suitability of housing should be the concern of the potential tenant and not a discriminatory criterion limiting the choice of housing. For example, in the view of the Commission it is discriminatory if a single mother and one child cannot rent an apartment if two adults could rent the same apartment. Although a concern for other tenants seems logical, application of that standard could be (and indeed has been) used to justify discrimination on any basis. Thus, in terms of human rights, the concern of those not directly involved in the housing transaction must be secondary to the rights of those who might be discriminated against. Inclusion of Mental Disability under Credit. This proposed revision provides protection to a class of individuals already protected under all other sections of the ordinance. Public comments from a number of people, including representatives of several agencies and organizations specifically providing services to the disabled, supported this change, and we received almost no negative response. Availability of credit is an important factor in assisting disabled persons to live independently. This proposal in no way prohibits creditors from applying fair and reasonable standards of creditworthiness or ability to comprehend the transaction. Indeed, these are the nondiscriminatory standards that should be applied. As with the inclusion of marital status and sexual orientation under housing, the rationale for including mental disability under credit is far more compelling than any counter -arguments. We of the Iowa City Human .Rights Commission will be happy to provide further background concerning these proposed revisions, and we look forward to discussing them with you at an informal Council session at your convenience. Attachments: 1. Proposed revisions in Iowa City Human Rights Ordinance 2. Iowa City Human Rights Ordinance, as proposed, with revisions capitalized. 3. Current Iowa City -Human Rights Ordinance (Ordinance No. 77-2830 as amended by Ordinance No. 79-2951). bj5/1-3 o! 1�2, EXHIBIT'II Proposed Changes in Iowa City Human Rights Ordinance i (Please refer to Ordinance No. 77-2830, Exhibit III) A. Article I, Section 18-1 Definitions (p. 1-3) redefine AGE: means chronological age of any person who has reached the age of 18 or is considered by law to be an adult. RATIONALE: To clarify and make grammatically consistent with other definitions. add definition DEPENDENT: any person, regardless of age, who resides in a household and who derives primary care or support from that household. i redefine DISABILITY: means the physical or mental condition of a person which constitutes a substantial handicap. A disabled individual is any person who 1) has a physical or mental impairment or mental impairment which substantially limits one or more of such persons major life activities, 2) has a record of such impairments, gr 3) is regarded as having such impairment. RATIONALE: To make consistent with Federal definition of disability. add definition MARITAL STATUS: means condition of being married, single, divorced, separated, or widowed. I RATIONALE: To clarify and broaden protection in this area. add definitionPUBLIC ASSISTANCE SOURCE OF INCOME: means income and support derived from any tax supported federal, state or local funds, including but not limited to social Security, Supplemental Security Income, Aid to Families with Dependent 1 Children, Food Stamps, Rent Subsidies, and unemployment compensation. delete, under SEXUAL ORIENTATION: everything after the first sentence, ending "of the opposite sex." RATIONALE: To make form consistent with other definitions.. I 1a- 0 2 i O. Article III, Section 18-31 Employment (p. 5-7) (a) The clause at the end, reading "unless such disability is related to job performance of such person or employee" to be deleted. RATIONALE: Necessary exemptions are covered in subsection (d). (d)-(2) Add the words "or disability" to the end of clause. I RATIONALE: To clarify intent. i (d)-(7) Omit entire subsection (d)-(7). I Add a new section (d)-(8), to read: To employ on the basis of disability in those certain instances where presence of disability is a bona fide occupational qualification reasonably necessary to the normal operation of a particular business or enterprise. The bona fide occupational qualification shall be interpreted narrowly. RATIONALE: To allow additional exemption to employers. C. Section 18-32 Housing (p. 7-8) (a)-(1) The clause "marital status, sexual orientation, presence or absence of dependents, or public assistance source of income" to be added to the end of this section. RATIONALE: To broaden protection in this area. (a)-(2) (3) (4)The above condition to be made in the appropriate place in each of these sections. RATIONALE: To be consistent throughout section. i (b)-(3) Shall be changed to read "Restrictions based on sex or the presence or absence of dependents in the rental or leasing of housing accommodations by nonprofit corporations." (d) The words "age, disability, marital status, sexual orientation, or source of income" to be added to the end of this clause. RATIONALE: To broaden protection, clarify intent. i Section 18-33 Public Accommodation (d) The words "age or disability" to be added to the end of this clause. RATIONALE: To clarify intent. I .. 3 I D. Section 18-34 Credit (p.8-9) (a) The word "Physical" to be deleted. RATIONALE: To broaden and make consistent the protection in this area. (b) The word "physical" to be deleted. RATIONALE: To broaden and make consistent the protection in this area. (c) The word "physical," which appears twice in this clause, to be deleted in both cases. RATIONALE: To broaden and make consistent the protection in this area. Add a new section (d)-(1), to read: (d) The following are exempted from this section: (1) Refusal to enter into any consumer credit transaction covered above shall not be a discriminatory practice if such denial is based on a fair and reasonable determination of credit- worthiness or ability to comprehend the transaction. RATIONALE: To broaden and make consistent the protection in this area. E. General Procedures (p. 9-14) Section 18-37 (a)(1): (p. 9) — - delete "labor" add "business" in line six. RATIONALE: To clarify intent. Section 18-38 (d); (p. 10) delete last sentence; replace with: "Predetermination settlements shall be subject to review by the commission chairperson." RATIONALE: To expedite processing of predetermination settlements. Section 18-40 (a); p. 12) in first sentence, line 2, delete "commission" and replace with "conciliation team." End of sentence shall still read "reported to the Commission." I i 1 i � 4 RATIONALE: To conform to current practice - Commission on a whole does not participate in conciliation of an individual case. Section 18-40: (p. 13-14) add new subsection (e): move subsections 18-43 (a)-(1), 18-43 (a)- (2), and 18-43 (a)-(3) to become a new subsection, (e)-(1), (2) and (3). RATIONALE: To define "remedial" action for purposes of conciliation. Section 18-41: (p. 13) in line 3, delete the words "designated members of the"; delete "recommend" in line 4 and replace with "report." Delete last sentence, beginning with "Similarly, if..." Additional note: Throughout the ordinance, wherever the listing of protected classes appears, the listing shall be made in alphabetical order; except under Housing, Sec. (a)(1)(2)(3)(4), where the classes "presence or absence of dependents" and "public assistance source of income" shall appear at the end of the listing of other protected classes. RATIONALE: To make the listings consistent and aid in comparison from section to section. 3/-2- CHAPTER 18 HUMAN RIGHTS Art. I. In General, ss 18-1--18-15 Art. II. Commission, ss 18-16--18-30 Art. III. Discriminatory Practices, ss 18-31--18-44 ARTICLE I. IN GENERAL Sec. 18-1. Definitions. As used in this chapter the following terms shall have the meanings indicated: AGE MEANS CHRONOLOGICAL AGE OF ANY PERSON WHO HAS REACHED -THE AGE OF 18 OR IS CONSIDERED BY LAW TO.BE AN ADULT. CITY ATTORNEY shall mean the duly appointed attorney for the City or such person designated by him/her. COMMISSION shall mean the Iowa City Human Rights Commission. COMPLAINANT means a person who has filed a report of discrimination as provided for by section 18-37 of this chapter. COMPLAINT means a report of discrimination provided for by section 18-37 of this chapter. CONCILIATION TEAM shall mean a team of two (2) members or more of the Commission appointed to conciliate cases on which probable cause has been found. COURT means the district court in and for the judicial district of this state in which the alleged unfair or discriminatory practice occurred, or any judge of such court if the court is not in session at this time. CREDIT TRANSACTION means any open or closed end credit transaction including but not limited to a loan, retail installment transaction, credit card issue or charge, and whether for personal or for business purposes, in which a service, finance, or interest charge is imposed, or which provides for repayment in scheduled payments, when such discredit is extended in the regular course of any trade or commerce. DEPENDENT MEANS ANY PERSON, REGARDLESS OF AGE, WHO RESIDES IN A HOUSEHOLD AND WHO DERIVES PRIMARY CARE OR SUPPORT FROM THAT HOUSEHOLD. DISABILITY MEANS THE PHYSICAL OR MENTAL CONDITION OF A PERSON WHICH CONSTITUTES A SUBSTANTIAL HANDICAP. A DISABLED INDIVIDUAL IS ANY PERSON WHO 1) HAS A PHYSICAL OR MENTAL IMPAIRMENT WHICH SUBSTANTIALLY LIMITS ONE OR MORE OF SUCH PERSON'S MAJOR LIFE ACTIVITIES, 2) HAS A RECORD OF SUCH IMPAIRMENTS, OR 3) IS REGARDED AS HAVING SUCH IMPAIRMENT. 2 EMPLOYEE includes every person who works for wages, salary, or commissions or any combination thereof, and, in context, the term also includes those who are seeking or applying for employment. EMPLOYER includes all persons, wherever situated, who employ one or more employees within the city, or who solicit individuals within the city to apply j for employment within the city or elsewhere. The term include tunits aand all other political subdivisions, public corporations, governmental conducting any activity within the city, and public agencies or corporations. EMPLOYMENT AGENCY means any person undertaking to procure employees or opportunities to work for any other person. HOUSING ACCOMMODATION includes any improved or unimproved real estate which is used, capable of being used, or intended to be used as a permanent or temporary residence or sleeping place for one or more persons whether by sale, lease, or otherwise. It specifically includes lots suitable for single or multifamily residential development. fease • HOUSING TRANSACTION means the sale, exchange, rental O.• �<o�< of real property , or housing accommodation and the Ofer to sell, exchange, rent or lease real, property. INVESTIGATOR means a person appointed by the city manager with the consultation of the Commission, to investigate complaints filed in accordance with this chapter. LABOR ORGANIZATION means any organization which exists for the purpose in whole or in part of collective bargaining, of dealing with employers concerning grievances, terms, or conditions of employment, or of other mutual aid or protection in connection with employment. MARITAL STATUS MEANS CONDITION OF BEING MARRIED, SINGIE, DIVORCED, SEPARATED, OR WIDOWED. PERSON means one or more individuals, partnerships, associations, corporations, legal representatives, trustees, receivers, the city or any board, commission, department, or agency thereof, and all other governmental units conducting any activity in the city. PUBLIC ACCOMMODATION means each and every place, establishment, or facility of whatever kind, nature, or class that caters or offers services, facilities, or goods to the general public for a fee or charge. Each and every place, establishment, or facility that caters or offers services, facilities, or goods to the general public gratuitously shall be deemed a public accommodation if the accommodation receives any substantial governmental support or subsidy. Public accommodation shall not mean any bona fide private club or other place, establishment, or facility which is by its nature distinctly private, except that, when such distinctly private place, establishment, or facility caters or offers services, facilities, or goods to the general public for fee or charge or gratuitously, it shall be deemed a public accommodation during such period. PUBLIC ASSISTANCE SOURCE OF INCOME MEANS INCOME AND SUPPORT DERIVED FROM ANY TAX SUPPORTED FEDERAL, STATE OR LOCAL FUNDS, INCLUDING BUT NOT LIMITED TO SOCIAL 3/;?- 3 SECURITY, SUPPLEMENTAL SECURITY INCOME, AID TO FAMILIES WITH DEPENDENT CHILDREN, FOOD STAMPS, RENT SUBSIDIES, AND UNEMPLOYMENT COMPENSATION. RESPONDENT means a person who is alleged to have committed an act prohibited by this chapter, against whom a complaint has been filed, as provided by this chapter. SEXUAL ORIENTATION means the status of preferring a relationship of affection or a sexual relationship with a consenting adult of the same sex or with a consenting adult of the opposite sex. Sec. 18-2. Purpose. It is the purpose of this chapter to protect citizens of the city against discrimination as defined in this chapter. Moreover, this chapter provides for execution within the city of the policies of the Civil Rights ctf1ntheAJ64ad Federal Civil Rights Acts and the promotion of cooperation between the city and the state and federal agencies enforcing these acts. Sec. 18-3--18-15. Reserved. ARTICLE II. COMMISSION Sec. 18-16. Established; duties generally. There is hereby established the Iowa City Human Rights Commission whose duty it 'shall be to disseminate information and provide the mediation, conciliation and enforcement necessary to further the goals of this chapter and to protect citizens from unfounded charges of discriminatory practices. Sec. 18-17. Powers. The Commission created by this article shall have the following powers: (a) To receive, investigate, and finally determine the merits of complaints alleging unfair or discriminatory practices. (b) To investigate and study the existence, character, causes, and extent of discrimination in the areas covered by this chapter and eliminate discrimination by education, conciliation, and enforcement where necessary. i (c) To issue publications and reports of the research and investigations of the Commission subject to the limitations of confidentiality. (d) To prepare and transmit to the city council from time to time, but not less often than once each year, reports describing its proceedings, investigations, hearings conducted and the outcome thereof, decisions rendered, and the other work performed by the Commission. 3/� 4 (e) To make recommendations to the city council for such further legislation concerning discrimination as it may deem necessary and desirable. (f) To cooperate, within the limits of any appropriations made for its operation, with other agencies or organizations, both public and private, whose purposes are not inconsistent with those of this chapter, and in the planning and conducting of programs designed to eliminate racial, religious, cultural and other intergroup tensions. (g) To adopt guidelines by which to determine whether any conduct, behavior, or action may properly be deemed a discriminatory practice. (h) To make recommendations to the city manager and city council regarding the affirmative acti!+n nrngram of the City and to offer assistance to city departments as will insure fair employment procedures and the provision of city services without bias. Sec. 18-18. Structure. The Commission shall consist of nine (9) members, appointed by vote of the city council. Appointees shall serve for a term of three (3) years and thereafter until a successor has been appointed. Vacancies shall be filled for the remainder of the unexpired term. Appointments shall take into consideration men and women of the various racial, religious, cultural, social and economic groups in the City. Sec. 18-19. Records to be public; exceptions. (a) All records of the Commission shall be public, except: (1) Complaints of discrimination, reports of investigations, statements and other documents or records obtained in investigation of any charge shall be closed records, unless a public hearing is held. (2) The minutes of any session which is closed under the provisions of this chapter shall be closed records. (b) No member of the Commission or of its staff shall disclose the filing of a charge, the information gathered during the investigation, or the endeavors to eliminate such discriminatory or unfair practice by conference, conciliation, or persuasion, unless each disclosure is made in connection with the conduct of an investigation. Nothing in this provision shall prevent, however, the Commission from releasing such information concerning alleged or acknowledged discriminatory practices to the state civil rights commission, the United States Civil Rights Commission, the Federal Equal Employment Opportunity Commission, and other agencies or organizations whose primary purpose is the enforcement of civil rights legislation. This section does not prevent any complainant, witness or other person from publicizing the filing of a complaint or the matter therein complained of. Violation of these provisions by a member of the Commission or its staff shall constitute grounds for removal. (2) An employer or employment agency which chooses to offer employment or advertise for employment to only the disabled or elderly. Any such employment or offer of employment shall not, however, discriminate among the disabled or elderly on the basis of age, color, creed, disability, marital status, national origin, race, religion, sex, or sexual orientation. (3) The employment of individuals for work within the home of the employer if the employer or members of his/her family reside therein during such employment. (4) The employment of individuals to render personal service to the person of the employer or members of his/her family. 0/.7— s Secs. I 18-20--18-30. Reserved. I I ARTICLE III. DISCRIMINATORY PRACTICES I Sec. 18-31. Employment; exceptions. (a) It shall be unlawful for any employer to refuse to hire, accept, register, classify, upgrade or refer for employment, or to otherwise discriminate in employment against any other person or to discharge any employee because of age, color, creed, disability, marital status, national origin, race, religion, sex, or sexual orientation. (b) It shall be unlawful for any labor organization to refuse to admit to membership, apprenticeship or training an applicant, to expel any member, i or to otherwise discriminate against any applicant for membership, apprenticeship or training or any member in the privileges, rights, or benefits of such membership, apprenticeship or training because of age, color, creed, disability, marital status, national origin, race, religion, sex, or sexual orientation of such applicant or member. (c) It shall be unlawful for any employer, employment agency, labor organization, or the employees or members thereof to directly or indirectly advertise or in any other manner indicate or publicize that individuals are unwelcome, objectionable, or not solicited for employment or membership because of age, color, creed, disability, marital status, national origin, race, religion, sex, or sexual orientation. (d) The following are exempted from the provisions of this section: (1) Any bona fide religious institution or its educational facility, association, corporation or society with respect to any qualifications for employment based on religion when such qualifications are related to a bona fide religious purpose. A religious qualification for instructional personnel or an administrative officer, serving in a supervisory capacity of a bona fide religious educational facility or religious institution, shall be presumed to be a bona fide occupational qualification. (2) An employer or employment agency which chooses to offer employment or advertise for employment to only the disabled or elderly. Any such employment or offer of employment shall not, however, discriminate among the disabled or elderly on the basis of age, color, creed, disability, marital status, national origin, race, religion, sex, or sexual orientation. (3) The employment of individuals for work within the home of the employer if the employer or members of his/her family reside therein during such employment. (4) The employment of individuals to render personal service to the person of the employer or members of his/her family. 0/.7— 6 (5) To employ on the basis of sex in those certain instances where sex is a bona fide occupational qualification reasonably necessary to the normal operation of a particular business or enterprise. The bona fide occupational qualification shall be interpreted narrowly: (6) Notwithstanding the provisions of this section, a state or federal program designed to benefit a specific age classification which serves a bona fide public purpose shall be permissible. . (7) TO EMPLOY ON THE BASIS OF DISABILITY IN THOSE CERTAIN INSTANCES WHERE PRESENCES OF DISABILTY IS A BONA FIDE OCCUPATIONAL QUALIFICATION REASONABLY NECESSARY TO THE NORMAL OPERATION OF A PARTICULAR BUSINESS OR ENTERPRISE. THE BONA FIDE OCCUPATIONAL QUALIFICATION SHALL BE INTERPRETED NARROWLY. Sec. 18-32. Housing; exceptions. (a) It shall be unlawful for any person to: (1) Refuse to engage in a housing transaction with any other person because of age, color, creed, disability, MARITAL STATUS, national origin, race, religion, sex, SEXUAL ORIENTATION, PRESENCE OR ABSENCE OF DEPENDENTS, OR PUBLIC ASSISTANCE SOURCE OF INCOME. (2) Discriminate against any other person because of age, color, creed, disability, MARITAL STATUS, national origin, race, religion, sex, SEXUAL ORIENTATION, PRESENCE OR ABSENCE OF DEPENDENTS, OR PUBLIC ASSISTANCE SOURCE OF INCOME; in the terms, conditions or privileges of any real estate transaction. (3) Directly or indirectly advertise, or in any other manner indicate or publicize in any real estate transaction that any person because of age, color, creed, disability, MARITAL STATUS, national origin, race, religion, sex, SEXUAL ORIENTATION, PRESENCE OR ABSENCE OF DEPENDENTS, OR PUBLIC ASSISTANCE SOURCE OF INCOME is not welcome, objectionable, or not solicited. (4) Discriminate against the lessee or purchaser of any real property or housing accommodation or part, portion or interest of the real property or housing accommodation, or against any prospective lessee or purchaser of the property or accommodation, because of age, color, creed, disability, MARITAL STATUS, national origin, race, religion, sex, SEXUAL ORIENTATION, PRESENCE OR ABSENCE OF DEPENDENTS, OR PUBLIC ASSISTANCE SOURCE OF INCOME of persons who may from time to time be present in or on the lessee's or owner's premises for lawful purposes at the invitation of the lessee or owner as friends, guests, visitors, relatives or in any similar capacity. (b) The following are exempted from the provisions of this section: (1) Any bona fide religious institution with respect to any qualification it may impose based on religion when such qualifications are related to a bona fide religious purpose. 3/.2- (2) The rental or leasing of four (4) or fewer rooms within an owner - occupied rooming house in which renters pass through the owner's living area. (3) RESTRICTIONS BASED ON SEX OR THE PRESENCE OR ABSENCE OF DEPENDENTS IN THE RENTAL OR LEASING OF HOUSING ACCOMMODATIONS BY NON-PROFIT CORPORATIONS. (4) Restrictions based on sex in the rental or leasing of housing accommodations within which residents of both sexes would share a common bathroom facility on the same floor of the building. (c) This section does not create an affirmative duty to remove barriers for the handicapped in excess of the requirements of Chapter 104A, of the Code of Iowa. (d) Housing accommodations may be designated specifically for the elderly and disabled. However, housing accommodations may not be restricted among the elderly and disabled on the basis of age, color, creed, disability, MARITAL STATUS, national origin, sex, SEXUAL ORIENTATION, orientation, PRESENCE OR ABSENCE OF DEPENDENTS, OR PUBLIC ASSISTANCE SOURCE OF INCOME. Sec. 18-33. Public accommodation; exceptions. (a) It shall be unlawful for any person to deny any other person the full and equal enjoyment of the goods, services, facilities, privileges, advantages of any place of public accommodation because of AGE, color, creed, DISABILITY, marital status, national origin, race, religion, sex, or sexual orientation. I (b) It shall be unlawful to directly or indirectly advertise or in any manner indicate or publicize that the patronage of persons is unwelcome, objectionable, or not solicited because of AGE, color, creed, DISABILITY, marital status, national origin, race, religion, sex, or sexual orientation. (c) This section shall not apply to any bona fide religious institution with respect to any qualifications the institution may impose based on religion when such qualifications'are related to bona fide religious purpose. (d) Public accommodations may be designated specifically for the elderly and disabled. However, public accommodations may not be restricted among the elderly and disabled on the basis of AGE, color, creed, DISABILITY, marital status, national origin, race, religion, sex, or sexual orientation. Sec. 18-34. Credit transactions; exceptions. (a) It shall be unlawful for any creditor to refuse to enter into any consumer credit transaction or to impose finance charges or other terms or conditions more onerous than those regularly extended by that creditor to consumers of similar economic backgrounds because of age, color, creed, DISABILITY, marital status, national origin, race, religion, sex, or sexual orientation. Sec. 18-35. Aiding or abetting. It shall be a violation of this chapter for any person to intentionally aid, abet, compel, or coerce another person to engage in any of the practices declared to constitute discriminatory practices by this article. Sec. 18-36. Retaliations or reprisals. It shall be a violation of this chapter for any person to discriminate against another person because such person has either lawfully opposed any discriminatory practice forbidden by this article, obeyed the provisions of this chapter, or has filed a complaint, testified, or assisted in any proceeding under this chapter. Sec. 18-37. Report. (a) The following procedures are the only authorized methods for reporting a discriminatory practice to the Commission: (1) Any person claiming to be aggrieved by a discriminatory practice within the city limits may by himself/herself or by his/her attorney, make, sign, and file with the Commission a verified written complaint which shall state the name and address of the person, employer, employment agency, or BUSINESS organization alleged to have committed the discriminatory or unfair practice of which complained, shall set forth the circumstance under which the discriminatory practice took place, the date, and shall contain such other information as may be required by the Commission. 3/.2— i s (b) It shall be unlawful for any person authorized or licensed to do business in this state pursuant to Chapter 524, 533, 534, 536, or 536A of the Code of Iowa to refuse to loan or to extend credit or to impose terms or conditions more onerous than those regularly extended to persons of similar economic backgrounds because of age, color, creed, DISABILITY, marital status, national origin, race, religion, sex, or sexual orientation. (c) It shall be unlawful for any creditor to refuse to offer credit, life or health and accident insurance because of age, color, creed, DISABILITY, marital status, national origin, race, religion, sex or sexual orientation. Refusal by a creditor to offer credit, life or health and accident insurance based upon the age or DISABILITY of the consumer shall not be an unfair or discriminatory practice if such denial is based solely upon bona fide underwriting consideration not prohibited by Title XX. The provisions of this section shall not be construed by negative implication or otherwise to narrow or restrict any other provisions of this ordinance. (d) The fallowing are exempted from this section: (1) REFUSAL TO ENTER INTO ANY CONSUMER CREDIT TRANSACTION COVERED ABOVE SHALL NOT BE A DISCRIMINATORY PRACTICE IF SUCH DENIAL IS BASED ON A FAIR AND REASONABLE DETERMINATION OF CREDIT -WORTHINESS OR ABILITY TO COMPREHEND THE TRANSACTION. Sec. 18-35. Aiding or abetting. It shall be a violation of this chapter for any person to intentionally aid, abet, compel, or coerce another person to engage in any of the practices declared to constitute discriminatory practices by this article. Sec. 18-36. Retaliations or reprisals. It shall be a violation of this chapter for any person to discriminate against another person because such person has either lawfully opposed any discriminatory practice forbidden by this article, obeyed the provisions of this chapter, or has filed a complaint, testified, or assisted in any proceeding under this chapter. Sec. 18-37. Report. (a) The following procedures are the only authorized methods for reporting a discriminatory practice to the Commission: (1) Any person claiming to be aggrieved by a discriminatory practice within the city limits may by himself/herself or by his/her attorney, make, sign, and file with the Commission a verified written complaint which shall state the name and address of the person, employer, employment agency, or BUSINESS organization alleged to have committed the discriminatory or unfair practice of which complained, shall set forth the circumstance under which the discriminatory practice took place, the date, and shall contain such other information as may be required by the Commission. 3/.2— i (c) The investigator shall determine whether probable cause exists to believe that the person charged in the complaint has committed a discriminatory practice and shall file a detailed report with the city attorney. After completion of this determination, the 'city attorney shall send to the commission, a written statement of reasons as to whether or not probable cause exists to believe that a discriminatory practice occurred as alleged j by the complainant. (d) At any time after the initial filing of a complaint of unfair or discriminatory practice, but before the investigator's recommendation to the city attorney, the investigator may seek a disposition of the complaint through the use of a predetermination settlement if such settlement is in the interest of the complainant. PREDETERMINATION SETTLEMENTS SHALL BE SUBJECT TO REVIEW BY THE COMMISSION CHAIRPERSON. Sec. 18-39. Results of investigation; action to be taken. 0/i 9 (2) The Commission, a commissioner, a city attorney, the state civil rights commission, or any other person aware of the existence of a discriminatory practice may in like manner make, sign, and file such complaint. i (b) Any complaint filed under this ordinance shall be so filed within one hundred eighty (180) days after the most recent act constituting the alleged discriminatory practice. (c) A verified copy of a complaint filed with the state civil rights commission under the provisions of Chapter 601A, Code of Iowa, or EEOC shall be sufficient complaint for the purpose of this chapter, if it alleges either in the text thereof or in accompanying statements that the i alleged discriminatory practice occurred within this city. Sec. 18-38. Investigation of complaints. (a) After Lhe filing of a complaint, a true copy thereof shall be served within 20 days by registered mail to the person against whom the complaint is i filed. Then a commissioner, the investigator, or another duly authorized member of the commission's staff, shall make a prompt investigation of the jcomplaint. (b) Upon application, the commission may issue subpoenas requiring a party to appear or to produce books, documents, and records which may be relevant to the alleged discriminatingpractice. The Commission P n may issue subpoenas if it finds the following to be true: (1) The subpoena is necessary to carry out a public hearing of the Commission; or (2) The respondent fails to provide information relevant to the investigation and the investigator is unable to proceed without specific materials. (c) The investigator shall determine whether probable cause exists to believe that the person charged in the complaint has committed a discriminatory practice and shall file a detailed report with the city attorney. After completion of this determination, the 'city attorney shall send to the commission, a written statement of reasons as to whether or not probable cause exists to believe that a discriminatory practice occurred as alleged j by the complainant. (d) At any time after the initial filing of a complaint of unfair or discriminatory practice, but before the investigator's recommendation to the city attorney, the investigator may seek a disposition of the complaint through the use of a predetermination settlement if such settlement is in the interest of the complainant. PREDETERMINATION SETTLEMENTS SHALL BE SUBJECT TO REVIEW BY THE COMMISSION CHAIRPERSON. Sec. 18-39. Results of investigation; action to be taken. 0/i 10 (a) Finding of no probable cause. After an investigation under this article: (1) If the investigator finds no probable cause to believe that the person charged has committed an unfair or discriminatory practice, and the city attorney concurs with that finding, he/she shall report the same to the Commission. If designated members of the Commission agree that no probable cause does exist, it shall notify the parties in writing by certified mailing, return receipt requested, of the findings and of the complainant's right to appeal therefrom. If they disagree as to no probable cause, they shall make the final determination on probable cause and proceed as provided in this chapter. bject to of able se (2) on within tenp(10) dayslainant aof receils to ipt of suchwrittennotice, thebCommreport shall close the case. The secretary of the Commission shall report this finding to the civil rights commission. (3) If the complainant objects in writing gta fi writ en notnding of no probable cause within ten (10) daysPtof designated members of the Commission shall hear his/her evidence in executive session. If they again find no probable cause torbelieve that the person charged has committted a discriminatory they find they shall declare the case closed. After app probable cause to exist, they shall proceed as provided in this chapter. (4) If the investigator and city attorney disagree as to probable cause, the designated members of the Commission shall make the final determination on probable cause and proceed as provided in this chapter. (b) Finding of probable cause. After an investigation under this article: (1) If the investigator finds probable cause to believe that the person Iand the charged has committed an unfair or discr tthoser diceemberr of the city attorney concurs in that finding, then Commission designated as conciliators should make an independent evaluation as to the determination as to whether probable cause exists before proceeding with the conciliation. (2) Upon the finding of probable cause to believe that the person charged has committed a discriminatory practice, a conciliation team shall promptly endeavor to eliminate such discriminatory or unfair practice by conference, conciliation, and persuasion in accordance with remedies provided in section 18-40. Section 18-40. Conciliation results. (a) If the conciliation team is able to effectuate a disposition agreeable to the complainant, the person charged, and the CONCILIATION TEAM, such pardisposition shall be the ageementreduced reported towritten the commipssionon and executed by the ._l 1.2— 11 (b) If the person charged and the conciliation team agree to a disposition but the complainant fails to agree, the team shall report the matter to the designated members of the Commission in executive session. If the designated members of the Commission accept the conciliation agreement presented by the conciliation team and the person charged, they shall close the case (subject to continuing supervision of the charged party as provided in the agreement) and communicate the terms of the agreement to the state civil rights commission. This shall not prevent the complainant from taking other action as provided by law. If however, they reject the conciliation agreement, they .may direct that further attempts at conciliation be made or proceed as provided in this chapter. i (c) If the complainant and the person charged reach a mutually agreeable disposition of the complaint, but the conciliation team does not wish to ratify such agreement, the complainant and the person charged may proceed according to the terms of their agreement with no further involvement by the conciliation team and the Commission shall thereafter close the case. Such action shall not, however, in any way, prevent the Commission, as a non-party to the agreement entered into between the complainant and the person charged, from subsequently filing a new complaint against the person charged concerning the same alleged discriminatory practice. (d) The terms of a conciliation agreement reached with the respondent may require him or her to refrain in the future from committing discriminatory or unfair practices of the type stated in the agreement, to take remedial action which, in the judgment of the Commission, will carry out the purposes of this Act, and to consent to the entry in an appropriate district court of a consent decree embodying the terms of the conciliation agreement. Violation of such a consent decree may be punished as contempt by the court in which it is filed, upon a showing by the Commission of the violation, at any time within six months of its occurrence. In all cases where a conciliation agreement is entered into, the Commission shall issue an order stating its terms and furnish a copy of the order to the complainant, the respondent, and such other persons as the Commission deems proper. At any time in its discretion, the Commission may investigate whether the terms of the agreement are being complied with by the respondent. Upon a finding that the terms of the conciliation agreement are not being complied with by the respondent, the Commission shall take appropriate action to assure compliance. (e) For the purposes of this subsection and pursuant to the provisions of this chapter "remedial action" includes but is not limited to the following: (1) Hiring, reinstatement or upgrading of employees with or without pay. Interim earned income and unemployment compensation shall operate to reduce the pay otherwise allowable. (2) Admission or restoration of individuals to a labor organization, admission to or participation in a guidance program,. apprenticeship training program, on-the-job training program or other occupational training or retraining program, with the utilization of objective criteria in the admission of individuals to such programs. 3/.2- 12 (3) Admission of individuals to a public accommodation or an educational institution. (4) Sale, exchange, lease, rental, assignment or sublease of real property to an individual. (5) Extension to all individuals of the full and equal enjoyment of the advantages, facilities, privileges, and services of the respondent denied to the complainant because of the discriminatory or unfair practice. (6) Reporting as to the manner of compliance. (7) Posting notices in conspicuous places in the respondents place of business in a form prescribed by the Commission and inclusion of notices in advertising material. (8) Payment to the complainant of .damages of an injury caused by the discriminatory or unfair practice which damages shall include but are not limited to actual damages, court costs and reasonable attorney fees. (9) In addition to the remedies in the preceeding provisions of this subsection, the Commission may issue an order requiring the respondent to cease and desist from the discriminatory or unfair practice and to take such affirmative action as in the judgment of the Commission will carry out the purposes of this chapter as follows: (a) In the case of a respondent operating by virtue of a license issued by the state or a political subdivision or agency, if the Commission, upon notice to the respondent with an opportunity to be heard, determines that the respondent has engaged in a discriminatory or unfair practice and that the practice was authorized, requested, commanded, performed or knowingly or recklessly tolerated by the board of directors of the respondent or by an officer or executive agent acting within the scope of his or her employment, the Commission shall so certify to the licensing agency. Unless the practice is reversed in the course of judicial review, the finding of discrimination is binding on the licensing agency. If a certification is made pursuant to this subsection, the licensing agency may initiate licensee disciplinary procedures. (b) In the case of a respondent who is found by the Commission to have engaged in a discrminatory or unfair practice in the course of performing under a contract or subcontract with the state or political subdivision or agency, if the practice was authorized, requested, commanded, performed, or knowingly or recklessly tolerated by the board of directors of the respondent or by an officer or executive agent acting within the scope of his or her employment, the Commission shall so certify to the contracting agency. Unless the Commission's finding of a discriminatory or unfair practice is reversed in the course of judicial review, the finding of discrimination is binding on the contractng agency. 13 (c) Upon receiving a certification aifinder su contracting agency mYtakeappropriateactionto terminate a contract or portion thereof previously entered into with the respondent, either absolutely or on condition that the respondent carry out a program of compliance with the provisions of this act; and assist the state and all political subdivisions and agencies thereof to refrain from entering into further contracts. (10) The election of an affirmative order under paragraph (2) of this subsection shall not bar the election of affirmative remedies provided in paragraph (1) of this subsection. Section 18-41. Proceedings upon failure to conciliate. (a) If the conciliation team is unable to effectuate a disposition agreeable to the parties within ninety (90) days, it shall file a report of no conciliation with the Commission and REPORT what further action as provided herein should be taken. (b) A conciliation team may recommend: I (1) That no further action be taken thus closing the case. (2) That the Commission cause to be served a written notice requiring the respondent to answer the charges of such complaint at a hearing before the Commission. Sec. 18-42. Notice and hearing. (a) In case of failure to satisfactorily settle a complaint by conference, conciliation, and persuasion, the Commission may issue and cause to be served a written notice together with a copy of ssuch complaint, asthe same nswer such may have have been amended, requiring the p charged complaint in writing within ten (10) days after the date of such notice or within such extended time that the Commission may allow. (b) When the conciliation team is satisfied that further endeavor to conciliate would be futile, the team shall report the same to the Commission. If the Commission determines that the circumstances warrant, it shall issue and cause to be served a written notice requiring the person charged to answer laint at a hearing before the charges of such compthe Commission or such other person designated by the commission to conduct the hearing, hereafter referred to as hearing examiner, and at a time and place to be specified in such notice. (c) The case in support of such complaint shall be presented at the hearing by the city attorney or his/her agent. The members of the Commission who investigated or attempted to conciliate the complaint shall not participate in the hearing except as a witness nor shall they participate in the deliberations of the Commission in such case. (d) The person charged may file a written verified answer to the complaint, and may appear at the hearing in person, with or without counsel, and submit 14 testimony. In the discretion of the hearing examiner, a complainant may be allowed to intervene and present testimony in person or by counsel. (e) When the person charged has failed to answer a complaint at a hearing as provided by this section, the Commission may enter his/her default. For good cause shown, the Commission may set aside an entry of default within ten (10) days after the Commission may proceed to hear testimony adduced upon behalf of the complainant. After hearing such testimony, the Commission may enter such order as in its opinion the evidence warrants. (f) The Commission or the complainant shall have the power to reasonably and fairly amend any complaint and the person charged shall have like power to amend his/her answer. (g) The Commission shall not be bound by the strict rules of evidence prevailing in courts of law or equity but the right of cross-examination shall be preserved. Plaintiffs shall bear the burden of proving allegations in the complaint. The testimony taken at a hearing shall be under oath, recorded, and, if ordered by the Commission, transcribed. Sec. 18-43. Findings and order. (a) If upon taking into consideration of all of the evidence at a hearing, the Commission determines that the respondent has engaged in a discriminatory or unfair practice, the Commission shall state its findings of fact and conclusions of law and shall issue an order requiring the respondent to cease and desist from the discriminatory or unfair practice and to take the necessary remedial action as in the judgment of the Commission shall carry out the purposes of this chapter. A copy of the order shall be delivered to the respondent, and complainant, and to any other public officers and persons as the Commission deems proper. A description of possible remedial actions appear in Section 18-40. (b) If, upon taking into consideration of all the evidence at a hearing, the Commission finds that a respondent has not engaged in any such discriminatory or unfair practice, the Commission shall issue an order denying relief and stating the findings of fact and conclusions of the Commission, and shall cause a copy of the order dismissing the complaint to be served by certified mail on the complainant and the respondent. Sec. 18-44. Judicial review; enforcement. (a) The Commission may obtain an order of court for the enforcement of Commission orders in a proceeding as provided in this section. Such an enforcement proceeding shall be brought in the district court of the county. (b) Such an enforcement proceeding shall be initiated by the filing of a petition in such court and the service of a copy thereof upon the person charged. Thereupon the Commission shall file with the court a transcript of the record of the hearing before it. The court has the power to grant such temporary relief or restraining order as it deems just and proper, and to make and enter upon the pleadings, testimony, and proceeding set forth in such transcript an order enforcing, modifying, and enforcing as so 3/,2_ 15 modified, or setting aside the order of the Commission, in whole or in part. (c) An objection that has not been urged before the Commission shall not be considered by the court in an enforcement proceeding, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances. (d) Any party to the enforcement proceeding may move the court to remit the case of the Commission in the interest of justice for the purpose of adducing additional specified and material evidence and seeking findings thereof, providing such parties shall show reasonable grounds for the failure to adduce such evidence before the Commission. (e) The Commission's• copy of the testimony shall be available to all parties for examination at all reasonable times, without cost, and for the purpose of judicial review of the Commission's orders. (f) The Commission may appear in court by the city attorney or his/her designee. (g) If no proceeding to obtain judicial review is instituted within thirty (30) days from the service of an order of the Commission, the Commission may obtain an order of the court for the enforcement of such order upon showing that the person charged is subject to jurisdiction of the Commission and resides or transacts business with the county. Passed and approved this day of 1983, MAYOR ATTEST: ACTING CITY CLERK 31Z R meaty of Iowa City ` MEMORANDUM Date: February 8, 1984 To: City Manager and City Council From: Chuck Schmadeke, Director of Public Works �. Re: Downtown Transit Interchange Please find attached a 1983 report from John Lundell, Transportation Planner; a memo from Jim Brachtel, Traffic Engineer; and a memo from Larry McGonagle, Transit Superintendent regarding problems associated with the downtown transit interchange. bc3 Johnson County Council of Governments ��IIUI.V�frhuvJir,nSt ���e�rlly,kNvrl!v;'4f) f p v Date: July 7, 1983 To: City Manager and City Council From: John Lundell, Transportation Planner Re: Case Study Report - Downtown Transit Interchange As requested, attached is the portion of the draft FY83 Iowa City Urbanized Area Street and Highway Plan pertaining to the Downtown Transit Interchange. This report was prepared by Jeff Davidson and myself as part of the Transportation Planning Case Study Project. It is anticipated that the JCCOG Board of Directors will be asked to adopt this plan at their August meeting after which the staff will approach the Iowa City and Coralville City Councils for their endorsement. Since all Iowa City Council members are either a JCCOG representative or alternate you have previously received a draft copy of this report and will be receiving the final version in a few weeks. Thank you and please contact me with any questions or comments. cc: Don Schmeiser, JCCOG Director bj4/16 i I i 313 Downtown Iowa City Transit Interchange PROBLEM: Two problems were identified at this location: 1) pedestrian congestion on the sidewalk in front of Old Capitol Center and 2) pedestrian - bicycle -automobile -bus conflicts. 3/3 i r '� �,r7 ��• , T_�rr i .�II A" PROBLEM: Two problems were identified at this location: 1) pedestrian congestion on the sidewalk in front of Old Capitol Center and 2) pedestrian - bicycle -automobile -bus conflicts. 3/3 r, ANALYSIS: The Downtown Transit Interchange was designed to fit into a very constrained space: a one block area bounded on the west by Capitol Street and on s ti the east by Clinton Street. To the north the University of Iowa Pentacrest, 1 { which is on the National Register of Historic Places, was not to be encroached upon. Old Capitol Center Mall required a prescribed amount of space which formed the south boundary of the interchange. So although the design of the 1 interchange was not ideal because of space constraints, it was the best possible i to achieve the objective of a centrally located facility that would provide for maximum efficiency of transit operations now and in the future. I Pedestrian congestion is occurring on the narrow sidewalk in front of the Gifted store. The original design of the sidewalk in this area was approximately 13 feet wide. Subsequent to the initial design two things occurred: 1) it was discovered that bus shelters selected for the center island would require the i island to be three feet wider than designed, and 2) Old Capitol Center was overbuilt nine inches onto the sidewalk right-of-way. The net effect was to reduce the width of the sidewalk from 13 feet to 94 feet. I During construction of the interchange discussions were held regarding the level of amenities in this area. The original design for the 13' sidewalk called for three trees, two trash receptacles, two benches, and two street lights. A decision was made to leave the level of amenities as designed so that two things I would be accomplished: persons would be discouraged from standing too close to the curb where they might be struck by a bus, and groups of people would be i discouraged from congregating along the narrow sidewalk. i I .3/3 PEDESTRIAN CROSSING- PENTACREST OLD CAPITOL CENTER 0 I ?SO 0 fl�rla THE DOWNTOWN INA cily TEAN151T IW115ECHAM45- HALl- F- 12 0 Z -.- z 0-i WASHIM41-Ow 5TZ6er (foW4u-:5Ti;,j7 A? -;5A i With the exception of the large streetlight, the streetscape amenities are set back two feet off the curb. This leaves approximately 5's feet of circulation space between the amenities and the storefront. This is further reduced, however, by people standing along the storefront waiting for buses. The result is a very congested space, especially during hours of peak transit usage. Following are several possible methods of alleviating this problem, with varying levels of success and various funding requirements. 1. Remove the island. This would allow the sidewalk to be widened as much as 21 feet; 9 feet for the width of the island and 12 feet for the adjacent bus staging lane. The island is presently used by only two of the 16 Iowa City Transit routes, and there is capacity for these two routes to stage along the north sidewalk if the island is removed. A consideration, however, is that although the island does not presently receive very high usage, it may be important for future additions or reorganizations of transit service. Estimated cost of this option: $50,000-$75,000. 2. Add a traffic lane onto the Pentacrest side of the Interchange and reorient the island bus shelters so that buses stage on the north side of the island. This would permit widening of the congested sidewalk as much as 12 feet, as only two traffic lanes south of the island would be required where there are now three. The congested sidewalk would be extended into the existing bus staging area and buses would stage in the lane currently used for through traffic. Through traffic would use the existing island staging 1 ane. 3/3 This project would involve demolition and reconstruction of the Pentacrest sidewalk, renovation of the island, and expansion of the congested sidewalk. This alternative is not considered feasible by the University of Iowa Administraiton as it would involve encroachment onto the Pentacrest. There is also a utility right-of-way along the Pentacrest sidewalk consisting of subterranean vaults used in the provision of natural gas service. The expense to relocate these vaults negates the feasibility of this option. 3. Eliminate or narrow one of the traffic lanes south of the island and increase the sidewalk width correspondingly. There are presently three lanes of street traffic between the island and the south sidewalk, one for through vehicle traffic and two for bus staging. They are the minimum width possible, 12 feet. Elimination of one of the lanes would allow the sidewalk to be widened as much as 12 feet, but eliminate the function of that lane: this would either close down the island, eliminate through traffic and circulation, or eliminate bus staging alongside Old Capitol Center. Estimated cost of this option is $25,000-$50,000. 4. Remove or relocate the streetscape amenities. The amenities in the congested area receive very high usage, making.it desirable to relocate rather than remove them. The large streetlight should remain in place, since it provides much of the illumination for this area and is not impeding pedestrian movement. The tree and trash receptacle on the west end of this area should also remain in place, since they are located on a wider portion of the sidewalk which permits adequate pedestrian flow. It may be preferable to remove rather than relocate the smaller streetlight, 313 as relocation would be expensive and the area is adequately illuminated by the larger streetlight. The remaining two trees, two benches and trash receptacle should be relocated out of the congested area. It is doubtful the trees could be relocated elsewhere in the interchange since the other areas are already amply landscaped. The benches and trash receptacle could be relocated along the east -facing wall adjacent to the Washington Street Old Capitol Center entrance, which would remove them from the flow of the pedestrian traffic but still permit persons using them to observe bus arrivals and departures. This project would require an easement since the amenities would be relocated onto Old Capitol Center property. Estimated cost for this option to be performed by City crews: $5,000. The issue of conflicts between pedestrians, bicycles, automobiles, and buses is one that has been discussed since the interchange was opened. The initial. design of the interchange called for it to be used exclusively by buses and pedestrians. When plans for construction were being finalized it was decided to permit general traffic through the interchange in an eastbound direction. .It was subsequently decided to also permit bicycle traffic in a westbound direction. j As would be expected with four different modes of travel 'operating in such a j+ constrained area, conflicts do occur. There have been, however, few actual i accidents. Information provided by the Iowa City Traffic Engineer indicates f only one minor accident occurred within the interchange during the period i April 1982 -March 1983, involving a bus striking another bus. Five additional accidents occurred during this period at the intersections at either end of the interchange, resulting in no injuries to persons involved. One additional 3/3 unreported accident resulted in personal injury when a bicyclist struck a Pedestrian in the interchange. Pedestrians are the dominant mode of travel in the interchange area. Counts taken on April 21, 1983, recorded the following levels of movement between 7:00 A. M. and 7:00 P. M. Buses 546 Bicycles 616 Automobiles 2,028 Pedestrians 8,066 Automobiles, of course, are restricted to eastbound movements. Buses and bicycles may proceed in either direction. A specific problem has been identified regarding westbound buses not being able to see pedestrians stepping out from the west end of the island. Requiring buses to stop and yield to pedestrians at the crosswalk at the west end of the island was discussed in 1982, but it was decided instead to make this an informal policy among the three area transt systems. Observation of the location indicates there is sporadic adherence to this policy. SUGGESTED ACTION: Regarding the issue of the congested sidewalk, relocating the streetscape furniture and associated amenities would appear to be the preferred alternative. Although it is the least effective in terms of providing additional sidewalk area, it is by far the least expensive option and should be tried initially to determine if a capital -intensive project will be necessary. An expensive rebuilding project on a public facility which is only two years old will bemet with a very negative reaction from the general public and local elected officials. 3/3 i The issue of conflicts between pedestrians, bicycles, automobiles and buses is clear: with a large amount of traffic operating in such a small area, conflicts are going to exist. If you reduce the amount of traffic you will reduce the number of conflicts. Iowa City's Traffic Engineer, Transit Manager and Transportation Planners have recommended that general traffic be banned through the transit interchange, but the ultimate policy decision rests with the Iowa City Council. Regarding the problem of westbound buses not being able to see pedestrians stepping out from the west end of the island, it appears two actions could be taken to improve this situation: (1) a sign posted at the west end of the island warning pedestrians to watch for buses and bicycles, and (2) better adherence by the three transit systems to the policy of yielding at the west island crosswalk. 313 r, City of Iowa City MEMORANDUM Date: July 14, 1983 To: Charles Schmadeke, Director of Public Works From: Jim Brachtel, Traffic Engineer Re: Case Study Report - Downtown Transit Interchange (DTI) The case study report for the downtown transit interchange points out two principal problems - the first being pedestrian congestion on the sidewalk and secondly the conflict between pedestrians and bikes, cars and buses in the DTI. In the case study report, the author suggests four alternatives to alleviate the congestion along the sidewalk and two alternatives for reducing the significance of conflict between pedestrians and other modes of traffic at the mid -block crossing point. The Traffic Engineering Division concurs with the recommendation of the case study report. The authors have suggested alternatives which may be implemented in a staged manner. To reduce the sidewalk congestion on the south side of the DTI, Traffic Engineering recommends sequential implementation of the following alternates. 1. Remove and perhaps relocate the streetscape amenities in the area of congestion. 2. In the event that the level of congestion still exceeds acceptable limits, eastbound vehicular traffic could be banned from the DTI and the through -bus lane for, eastbound buses eliminated. With this through -lane eliminated, the north curb line of the south sidewalk could be moved north some 12 feet. This could be tested on a temporary basis by the addition of the asphaltic curb with asphalt fill over the existing bus lane. There are two main drawbacks to this experiment. The first is all eastbound vehicular traffic would necessarily be banned from the DTI. The second disadvantage is that in the. event that a bus were to stall in the staging area, buses behind the stalled bus would have to wait until either the westbound or eastbound staging buses were clear of the area before they could leave. This problem would not be insurmountable and it wuuld represent but a small amount of delay to departing buses. The likelihood of requiring the through -lane on the south side of the island to maneuver around stalled buses has been very small. Mechanical reliability of the existing fleet has been very good and the incident of bus failure in the staging area has been very small. This proposed temporary installation would allow the City to experiment with the impact of widening the sidewalk on a temporary basis. 3. As the authors of the case study note, the likelihood of adding a traffic lane on the north side of Washington Street and penetrating into the Pentacrest area is very small. 0/3 l 2 4. The fourth alternative suggested by the case study is to remove the island completely. As noted by the authors, this would allow the sidewalk to be widened to the north with no change in eastbound traffic patterns. In the matter of reducing the amount of conflict pedestrians and other modes of traffic at the mid -block crossing point of the DTI, one possible solution not suggested by the authors would be the relocation of the western bus shelter in the island. It would be physically possible to move the bus shelter to the east and still retain the present wall barrier an the north side of the island. By moving the present bus shelter to the east and minor modification to existing amenities in the island, the sight distance for pedestrians would be increased. Increasing the sight distance would reduce the surprise factor of a pedestrian stepping out from behind a bus shelter into the 'westbound lane of traffic. Traffic Engineering suggests that this alternative be implemented as it is a fairly minor change in the island configuration which should have a positive impact on the pedestrian/vehicular conflict. bdw/sp 3/.3 City of Iowa City MEMORANDUM Date: August 8, 1983 To: John Lundell, Transportation Planner From: Larry McGonagle, Transit Manager Re: Downtown Transit Interchange Reference your memo concerning the Downtown Transit Interchange. The sidewalk in front of the Gifted store should not be widened to such a point that it will preclude buses passing each other going east. Numerous times buses leaving the DTI must pass other buses who leave later.' For example, a North Dubuque bus may need to leave before a Towncrest or Seventh Avenue bus. bjl/11 313 aty of Iowa City (7 f - MEMORANDUM Date: February 7, 1984 To: Neal Berlin and City Council From: Chuck Schmadeke [•,/ Re: Sewage Gas - Water Pollution Control Plant Veenstra & Kimm, in 1976, prepared a report for Iowa City on sewage gas utilization at the plater Pollution Control Plant. Energy requirements of the Water Pollution Control Plant can be summarized as follows: 1) heat for digesters; 2) heat for the administration building; 3) electricity for lighting, pumps, and other mechanical equipment. Veenstra & Kimm's report states that using sewage gas to heat the digesters is cost effective; but, using sewage gas to heat the administra- tion building and generate electricity for lighting, pumps, and other mechanical equipment is not cost effective. Attached are two reports from Veenstra & Kimm and an. October 11, 1983, letter to Phillip Nychay regarding the use of sewer gas. bdw2/1 ool a CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST IOWA CITY, IOWA 52240 (319) 356-5000 October 11, 1983 1 Phillip Nychay 802 S. Summit Street Iowa City, Iowa 52240 Re: Sewage Gas -Water Pollution Control Plant ; Dear Mr. Nychay: Sewage gas is used, at the present time, to heat the three digesters at the water pollution control plant. Sewage gas is used along with natural gas to provide a constant temperature within the digesters to insure proper operation. Equipment necessary to utilize sewage gas includes a heat exchanger, pressure pumps, and a storage tank. The existing pressure pumps are worn out, and therefore, sewage gas is not being stored at the present time. Veenstra and Kimm, the City's engineering consultant, recommends replacing these pumps as part of the existing plant upgrade. Sewage gas is being drawn off the top of the digesters and is used in the heat'exchanger. Excess gas is burned off. i The Pollution Control Superintendent has used sewer gas to heat the administration building. However, due to the corrosive effects of the gas, the heating units lasted only two years, whereupon, its use was discontinued. j Attached are two reports from Veenstra and Kimm regarding the use of I sewer gas. If you have any questions, please feel free to call me at 356-5141. � Respectfully, Charles Schmadeke Director of Public Works tp2/4 j cc: City Council i City Council Candidates 3/�1 7VMK VEENSTRA & KIMM City of Iowa City Civic Center 410 East Washington Street Iowa City, Iowa 52240 Attn: Fir. Richard J. Plastino Director of Public Works Gentlemen: September 22, 1976 :3 Sewage Gas Utilization Slater Pollution Control Plant Iowa City, Iowa Some time ago, you requested that we make limited studies toward more efficient use of sewage gas produced at the water pollution control plant. All sewage gas now produced is wasted by burning in the waste gas burners. Natural gas is used -for building heating; fuel oil is used for heating the digesters and the digester control building. This letter is to summarize our preliminary findings and to provide recommendations toward further action which may be undertaken by the City for more efficient use of sewage gas. The water pollution control plant has three digestion tanks. Two primary itanks receive raw sludge from the sedimentation process. Contents from the two primary digesters are transferred to a secondary digester. The contents of the secondary digester are discharged to sludge lagoons for drying and ultimate transfer to landfill for disposal. Anaerobic organisms in the digesters consume some of the volatile solids which are removed in the sedimentation process and pumped to the digesters for treatment. The raw sludge from the sedimentation process is a black, putrescible, odorous material. It is reduced by biological action in the digesters to a material which is partially treated to a degree suitable for disposal to land or landfill. By-products of the digestion process are liquids and sewage gas. The liquids, called supernatant liquor, are recycled through the water pollution control plant units. Sewage gas includes methane, carbon dioxide, hydrogen sulfide and other components. Normally, it is a combustible gas with a heat value in the range of 600 British Thermal Units (BTU) per cubic foot (CF). Sewage gas is commonly used as a source of fuel in water pollution control plants, particularly where industrial wastes provide substantial amounts of organic N3/�z City of Iowa City Attn: Mr. Richard J. Plastino -2- September 22, 1976 solids. These solids produce relatively large amounts of sewage gas as they decompose in the digestion process. Iowa City has no industries which contribute appreciable quantities of organic solids. Sewage gas, particularly that produced from domestic wastes such as are treated at Iowa City, often contains excessive amounts of moisture, hydrogen sulfide and other impurities. The excessive moisture and other constituents tend to reduce the heat value of the sewage gas and make it unburnable in boilers and heat exchangers. Also, sewage gas is highly corrosive, particularly when it has a high moisture content, and can rapidly destroy essential elements of the more sophisticated heating equipment. This may be a partial explanation of why the sewage gas at Iowa City appears to burn excellently in the relatively simple waste gas burners, but will not burn in the boilers and/or heat exchanger. The heat exchange equipment to heat the digesters at Iowa City is of dual -fuel design. It was designed to operate on sewage gas or No. 2 fuel oil. Our limited studies have been based on digester heating operations for the calendar years 1974 and 1975. During this period, No. 2 fuel oil was used exclusively for heating the digester contents. Sludge gas would not burn in the heat exchanger. The heat exchanger is used not only to heat the raw sludge from the sedimentation process, but to maintain a satisfactory temperature in the digesters to permit anaerobic digestion of the sewage sludge. The heat exchanger is also used to heat water which is circulated to provide building heat for the digester control building. The hot water produced may also be used for building heat at the pump house. Table 1 shows the consumption of No. 2 fuel oil for the sludge heat exchanger and the digester control building for the calendar years 1974 and 1975. 3/K_ City of Iowa City -3- September 22, 1976 Attn: Mr. Richard J. Plastino i TABLE 1 FUEL USAGE RECORDS SLUDGE HEAT EXCHANGER -DIGESTER CONTROL BUILDING 1974-1975 Month January February Ma rch April May June July August September October November December TOTALS *No. 2 Fuel Oil 1974 Gallons* Cost 3,159 2,251 1,902 1,950 1,208 1,215 846 860 2,050 1,247 2,582 19,270 $ 961 755 590 605 374 377 288 292 697 412 852 $6,203 1975 Gallons* Cost 2,383 S 786 2,413 801 1,932 657 2,104 715 1,436 503 2,035 725 1,969 709 925 342 1,038 384 1,123 416 2,008 743 2,413 917 21,779 $7,698 In 1974, a total of 19,270 gallons of No. 2 fuel oil was used to heat the digesters and digester control building at a total cost of $6,203. This results in an average cost of $0.32 per gallon. In 1975, the City purchased 21,779 gallons of No. 2 fuel oil at a cost of $7,698. This results in an average cost of $0.35 per gallon. The cost of fuel oil as of September, 1976, is $0.37 per gallon. Table i has been used to establish the gross heat requirements for the digesters and digester control building. No. 2 fuel oil is considered to have a heat value of 140,000 BTU per gallon. In the discussions which follow, sewage gas at Iowa City is estimated to have a heat value of 600 BTU per CF. Natural gas is estimated to have a heat value of 1,000 BTU per CF. Average daily gross heating requirements, by month, for the digesters and digester control building have been calculated for 1974 and 1975 in thousands of BTU per day (MBTU/day). The requirements are based on the gallons of fuel oil used per month, shown in Table 1, and a heat value of 140,000 BTU per gallon of fuel oil. The product of gallons times heat value represents total 3/,�z City of Iowa City Attn: Mr. Richard J. Plastino -4- September 22, 1976 BTU input to the system. Heat exchanger efficiency has not been considered since we are only concerned with heat input requirements. Table 2 shows average daily heating requirements for the digesters and digester control building for the years 1974 and 1975. i TABLE 2 HEATING REQUIREMENTS SLUDGE HEAT EXCHANGER -DIGESTER CONTROL BUILDING 1974-1975 i AVERAGE DAILY HEATING REQUIREMENTS IN MBTU* Month 1974 1975 January 14,270 10,770 February 11,260 12,070 March 8,600 i 8,720 April 9,100 9,810 May 5,460 6,480 June 5,670 9,490 i July 3,820 8,890 August ---- 4,170 September 4,020 4,840 October 9,250 5,070 November 5,820 9,370 December 11,660 10,890 *Thousands of BTUse p r day. The gross heating requirements vary from month to month, due primarily to the variation in seasonal temperatures. January, 1974, was the coldest month during the two-year period, with an average air temperature of 210 F. The average daily heating requirement for January, 1974, was 14,270,000 BTU per day, the highest of any month during the two-year period. Consideration has been given to the quantity of sewage gas, or a mixture of sewage and natural gas, to provide the same heat input as did the fuel•oil used In the years 1974 and 1975. Table 3 shows gas requirements in cubic feet per day under two conditions. Column 1 under both years 1974 and 1975 shows the average daily requirement in cubic feet if sewage gas were burnable and is used by itself. Column 2 under both years shows the quantity in cubic feet per day if a mixture of equal parts of sewage gas and natural gas were used for digester and digester control building heating. It is believed that while 3Y 1 i City of Iowa City -5- September 22, 1976 Attn: Mr. Richard J. Plastino 1 sewage gas is not burnable in the heat exchanger by itself, that a mixture of sewage gas and natural gas would have a higher heat value and would be burnable. Average daily gas requirements in cubic feet under the two conditions described in this paragraph are shown in Table 3. TABLE 3 GAS REQUIREMENTS SLUDGE HEAT EXCHANGER -DIGESTER CONTROL BUILDING 1974-1975 AVERAGE DAILY GAS REQUIREMENTS IN CF/DAY 1974 1975 Month Column 1 Column 2 Column 1 Column 2 January 23,800 17,800 17,900 13,500 February 18,800 14,100 20,100 15,100 March 14,300 10,700 14,500 10,900 April 15,200 11,400 16,400 12,300 May 9,100 6,800 10,800 8,100 June 9,500 7,100 15,800 11,900 July 6,400 4,800 14,800 11,100 August ---- ---- 7,000 5,200 j September 6,700 5,000 8,100 6,100 October 15,400 11,600 8,500 6,300 November 9,700 7,300 15,600 11,700 December 19,400 14,600 18,200 13,600 i Column 1 - Sewage gas with heat value of 600 BTU/CF. Column 2 - Mixture of sewage gas (600 BTU/CF) and natural gas (1,000 BTU/CF). Heat value of mixture = 800 BTU/CF. Theoretical gas requirements shown in Table 3 indicate the average daily requirement was highest in January, 1974, when 23,800 CF/day of sewage gas or 17,800 CF/day of the mixture would have been required. Table 4 shows sewage gas production, based on plant records, for the period August, 1975, through February, 1976. Gas metering equipment was inaccurate prior to August, 1975. Average daily sewage gas production has varied from a minimum of -44,900 CF per day in January, 1976, to a maximum of 53,900 CF per day in February, 1976. Daily gas production usually decreases during the months of December and January due to the Christmas and semester vacations for students at the University of Iowa. 3// City of Iowa City Attn: Mr. Richard J. Plastino September 22, 1976 Minimum gas production on any day during the seven-month period occurred in January, 1976, when production dropped to 35,500 CF per day. Maximum production on a single day occurred in February, 1976, when the figure was 57,450 CF per day. Average daily gas production for the period August, 1975, through February, 1976, is shown in Table 4. TABLE 4 SEWAGE GAS PRODUCTION DAILY GAS PRODUCTION IN CF/DAY Date Average Minimum Maximum 1975 August 45,340 40,200 50,150 September 53,440 48,800 56,600 October 52,930 47,300 57,200 November 50,740 47,450 55,000 December 46,710 36,700 51,200 1976 January 44,900 35,500 51,500 i February 53,900 44,250 57,450 Maximum daily heating requirements are estimated to be about 200 percent of the average daily requirements which were shown in Table 3. Thus, in January, 1974, the peak day heating requirement would have been about 28,540,000 BTU per day. This would have required about 48,000 CF of sewage gas, or about 36,000 CF of an equal mixture of sewage gas and natural gas. During other months of the year, the gas requirements would be less than the figure shown for January, 1974. .Analysis of Table 4 indicates that if sewage gas were burnable by itself, there would be adequate amounts of it available for heating the digesters and the digester control building. Based on the conclusion that sewage gas will not burn by itself, and that a mixture of natural gas and sewage gas will be burnable, the data in Table 4 indicates that there will always be an adequate supply of sewage gas available for the mixture. The two primary digesters have floating covers which provide for some storage of sewage gas which is not needed on a given day. The secondary digester has a gas holder type floating cover which provides additional storage of sewage gas for mixing with the natural gas. There is also a spherical gas holder available for storage of sewage gas. 31 1 ity of Iowa City -7- Attn: Mr. Richard J. Plastino September 22, 1976 Table 5 shows the quantities of natural gas which would have been required if an equal mixture of natural gas and sewage gas had been used in 1974 and 1975 in lieu of fuel oil. Table 5 is only applicable to providing for the requirements of the digesters and digester control building. The gas usage quantities, shown by month in Table 5, were arrived at by taking one-half of the Column 2 figures from Table 3, and multiplying them by the number of days in the month. The cost of the natural gas has been computed at the rate of $0.14 per CCF. This approximates the overall rate being paid by the City in September, 1976. Theoretical costs for heating of the digesters and digester control building in 1974 and 1975, using a mixture of natural gas and sewage gas, are shown in Table 5. TABLE 5 NATURAL GAS REQUIRED* SLUDGE HEAT EXCHANGER -DIGESTER CONTROL BUILDING 1974-1975 i 1974 - 1975 Month CCF** Cost CCF** Cost January 2,760 5 386 2,090 $ 293 February 1,970 276 2,110 295 March 1,660 232 1,690 237 April 1,710 239 1,850 259 May 1,050 147 1,260 176 June 1,070 150 1,790 251 July 740 104 1,720 241 August ---- ---- 810 113 September 750 105 920 129 October 1,800 252 980 137 November 11100 154 1,760 246 December 2,260 316 2,110 295 TOTALS 16,870 $2,361 19,090 $2,672 *Based on using an equal mixture of natural gas and sewage gas with i a heat value of 800 BTU/CF. **CCF = 100 cubic feet, i Table 5 shows monthly and annual costs for natural gas had a mixture of natural gas and sewage gas been used in the years 1974 and 1975. The theoretical savings which could have been generated had this mixture been used in lieu of fuel oil are as follows: 3151 I City of Iowa City -8- September 22, 1976 Attn: Mr. Richard J. Plastino 1974 1975 Fuel Oil $6,203 $7,698 Natural Gas 2,361 2,672 Savings $3,842 $5,026 The above tabulation shows that substantial savings could have been effected in the years 1974 and 1975 had a mixture of natural gas and sewage gas been used in lieu of the fuel oil. The savings shown would have been more pronounced had current costs of fuel oil been used. It has not been determined if Iowa -Illinois Gas and Electric Company can increase its allocation of natural gas to the City of Iowa City. In the preceding tables and tabulations, a cost of $0.14/CCF has been used as a reasonable cost for natural gas. This rate may be subject to increases and/or increased fuel cost allowances. Equipment can be provided to permit the utilization of a mixture of sewage gas and natural gas. The gas supply piping and controls for the existing heat exchanger can be modified to permit the mixture to be used. There is an equipment package available which includes a low pressure check valve, an adjustable orifice valve, and a natural gas pressure regulator to permit the use of the mixture proposed. The estimated cost to permit use of a mixture of natural gas and sewage gas for heating the digesters and digester control building is as follows: Item Estimated Cost I Equipment Package$, 800 Valves and Piping 1,200 i Installation of Equipment and Piping 11500 Factory Representative 500 Sub -total $4,000 Contingencies 400 Engineering and Other Costs Sub -total $4,40011100 Total Estimated Cost $5,500 j Based on the prelimipary studies discussed in this letter, the City could expect to pay for the cost of the changes with the savings realized in a year or two. 3i�z i City of Iowa City -9- September 22, 1976 Attn: Mr. Richard J. Plastino It is recommended that the City consult with Iowa -Illinois Gas and Electric Company to determine if additional natural gas is available and the cost thereof. If suitable arrangements can be made with the gas company, it is recommended that the City proceed with the improvements shown herein to utilize at least part of the sewage gas which is now being wasted. Yours very truly, VEENSTRA & KIMM PART IV - GAS UTILIZATION GAS PRODUCTION AND USE Annual and daily average gas production for the last fifteen years is shown in Table 3 below. Gas production has varied considerably during the period shown above according to plant operating records. It does not appear to be increasing in proportion to population increases. During three years; 1952, 1957 and 1958, the digesters were out of service for extended periods for cleaning and new construction. Gas production was therefore lower than normal. It is also possible that gas metering equipment was not always accurate prior to 1957. -71- 3/f TABLE 3 PAST GAS PRODUCTION Gas Production Year Dam Annual (cu. ft.) (cu. ft.) 1948 30,412 11,130,760 1949 28,426 10,375,370 1950 25,100 9,161,360 1951 22,160 8,088,560 1952 1'0,727 3,925,990 1953 26,629 9,719,700 1954 24,816 9,057,770 1955 27,305 9,966,210 1956 16,875 6,176,315 1957 15,572 5,683,722 1958 18,226 6,652,400 1959 28,442 10,381,310 1960 23,922 8,755,438 1961 28,465 10,389,754 1962 (11 months) 22,397 7,480,489 Gas production has varied considerably during the period shown above according to plant operating records. It does not appear to be increasing in proportion to population increases. During three years; 1952, 1957 and 1958, the digesters were out of service for extended periods for cleaning and new construction. Gas production was therefore lower than normal. It is also possible that gas metering equipment was not always accurate prior to 1957. -71- 3/f Appendix E shows daily averages by months for gas produced, used and wasted along with the average daily power use, exclusive of lighting system requirements, for a check period of 23 months (1961 and 11 months of 1962). During the test period, average gas used for heating the primary digester and treatment plant buildings was 13,500 cubic feet per day. The balance of 12,000 cubic feet, or 47% of average daily production of 25,500 cubic feet, was wasted. Often, during periods of high demand, gas storage facilities are insufficient to meet demands. During periods of cold weather it has been necessary to purchase supplemental fuel for digester and building heating. Thus, while average production is nearly double average demand, there are periods when production falls short of demand. This is characteristic of digester gas production. During the same period, daily power use, exclusive of lighting, ranged from 699 kwhr to 923 kwhr per day. These figures represent average days during the minimum and maximum months of the test period. Average daily use of power was 604 kwhr. In addition to power, the lighting system used an average of 46 kwhr daily. Lighting use ranged from 21 kwhr to 91 kwhr. Power requirements, which depend primarily on sewage flow, remained _72_ 3/� i reasonably constant during the check period. While flow remains uniform through the SUI vacation period, there is a downward trend in gas production. During the check period, gas production ranged from a low of 16,000 cubic feet per day to a high of 34,500 cubic feet daily. PRESENT POWER SUPPLY Power is purchased from Iowa -Illinois Gas and Electric Company under a contract dated January 1, 1962. Item 1 of this contract states in part, "The Company shall supply and the City shall take and pay for all the electric energy required for the operation of the city sewage treatment and disposal plant --". Power is purchased in accordance with the following rate schedule: For the 1st 300 hours' use per month of billing demand applicable for the month: 2.50 per kilowatt-hour for the first 4,000 kwhr. 2.00 per kilowatt-hour for the next 14,000 kwhr. 1.30 per kilowatt-hour for all in excess of 18,000 kwhr. For the excess over 300 hours' use per month of billing demand applicable for the month: 1.00 per kilowatt-hour. Billing demand is defined as the maximum kilowatt demand during any month. -73- 3/� Minimum monthly bill is $120 based on a minimum 40 kw demand at $3.00 per kilowatt. The contract includes a fuel -cost adjustment clause. The above rate schedule applies only to the sewage treatment plant. Power used at the various pumping stations is billed at commercial rates. ALTERNATE USES FOR GAS Based on the foregoing data on (1) production and use of gas and (2) power requirements for plant operation, alternate uses for sewage gas have been considered. If feasible, the energy contained in sewage gas should be used to produce income or reduce operating expense. Fuel value of sewage gas is about 600 Btu per cubic foot compared to 1,000 Btu per cubic foot for natural gas. Alternate uses for sewage gas at Iowa City are: 1. Fuel for engine -driven power generating equipment. a. Supply all plant power requirements. b. Supply treatment plant requirements up to maximum available from sewage gas and purchase supplemental fuel or power for remainder of loads. c. Generate power for sale to utility. 2. Use as fuel for engine -driven pump(s). a. Auxiliary drive using maximum gas available. b. Continuous operation. -74- 3/�/ 3. Sale of waste gas to utility. Daily gas production figures for present and future are shown below. Future production is based on a daily per capita gas contribution of 0.75 cubic feet. This is in line with present production. POWER GENERATION Use of sewage gas for engine fuel to drive generators is common practice. Use of sewage gas for power differs from normal power generation in that sewage gas is not a dependable fuel supply. Digesters become upset from time to time. There may be extended periods when no burnable gas is produced. stand-by fuel or power must be available. An engine -generator will use about 15,000 Btu or 25 cubic feet of gas per kwhr produced. The City's contract requires that the power company furnish all electric energy at the sewage treatment plant. -75- Present Future Daily Gas Production (cu. ft.) 25,500 48,000 Hourly Gas Production (cu. ft.) 1,060 2,000 Available Fuel Value (Btu/hr) 636,000 1,200,000 POWER GENERATION Use of sewage gas for engine fuel to drive generators is common practice. Use of sewage gas for power differs from normal power generation in that sewage gas is not a dependable fuel supply. Digesters become upset from time to time. There may be extended periods when no burnable gas is produced. stand-by fuel or power must be available. An engine -generator will use about 15,000 Btu or 25 cubic feet of gas per kwhr produced. The City's contract requires that the power company furnish all electric energy at the sewage treatment plant. -75- I A 14 In these power generation studies, the following conditions have been assumed: 1. Two-Uhit Installation. a. No stand-by power connection will be available. b. Each unit will be sized to supply the power demand of the plant. c. One unit will be stand-by for the other. d. Natural gas will be purchased as fuel for generation and heating as needed. 2. One -Unit Installation. a. The unit will be sized to supply the power demand of the plant. b. Power will be available at the rates in the present contract and natural gas will be purchased at times when there is not enough sewage gas available. E The digester and buildings are now heated with gas-fired boilers. With power generation, a heat recovery system on the engine -generator set will recover waste heat from the engine jacket cooling water and exhaust systems to provide about the amount of heat required for the digester. For purposes of these studies, it has been assumed that the Administration Building boiler will be fired with natural gas or sewage gas when available. Supplemental fuel is necessary -76- for periods when no burnable gas is produced in the digester. Digester down-time is estimated at five days a year over the design period. Present and future daily power requirements, including lighting are as follows: Daily Power Requirements (Kwhr) Daily Power Requirements (Kw) Average Demand 35.4 76.5 Maximum Demand 42.2 91.6 A unit with a rating of 100 kw will be needed to supply the power requirements. For continuous service, engine speed should not exceed 600 rpm. Future power needs will require an average daily gas supply of 46,000 cubic feet of digester gas. Estimated daily gas production by 1985 will be approximately 48,000 cubic feet; adequate to supply engine -generator needs. -77- 3/�1 Present Future Average 850 1,835 Maximum Month 1,014 2,200 Minimum Month 720 1,500 Daily Power Requirements (Kw) Average Demand 35.4 76.5 Maximum Demand 42.2 91.6 A unit with a rating of 100 kw will be needed to supply the power requirements. For continuous service, engine speed should not exceed 600 rpm. Future power needs will require an average daily gas supply of 46,000 cubic feet of digester gas. Estimated daily gas production by 1985 will be approximately 48,000 cubic feet; adequate to supply engine -generator needs. -77- 3/�1 With two units, gas deficiencies for heating requirements can be made up with 1000 Btu natural gas at a cost of about 0.2C per 1000 Btu. For a single unit installation, power must be purchased during periods of digester or engine down-time. Total down-time for a one -unit installation is estimated at 30 days per year. Existing treatment buildings do not have space for either one or two generating units. Construction of a new building along with electrical modifications is necessary. Estimated costs for installation of generating equipment are: Two Units One Unit Generating Equipment and Accessories $ 80,000 $ 40,000 Building, sludge heating and electrical 38,000 37,000 TOTALS $118,000 $ 77,000 It is estimated that annual operation and maintenance costs will average $1,500 for two units and $1,000 for one unit during the design period. Engine -generator units operating at speeds of 600 -rpm or less have an expected life of twenty years and can be financed over this period -78- Average annual costs of the two methods of sewage gas utilization are shown below and compared with the purchase of all required electrical power. Debt service costs are based on a twenty-year bond issue at 4% interest. For two generating units, annual cost for supplemental fuel for generating and heating will be about $2,500 throughout the design period. For a single unit, annual stand-by power cost including an estimated demand charce of $2,160 per year, plus an average annual energy cost of about $1,000, will be $3,160. Average annual fuel costs for building heating will be about $2,200. Power Generation All Purchased Two Units One Unit. Power Debt Service $ 8,700 $ 5,700 $ --- Operation and Maintenance 11500 1,000 --- Fuel or Power 2,500 5,360 9,500 AVERAGE ANNUAL COST $12,700 $12,060 $9,500 The above tabulation shows that purchased power is more economical based on average annual cost over the design period. On the basis of provisions of the present contract, purchased power will cost $12,000 at the end of the design period. This compares to annual -79- 3/SZ I f� costs of about $12,700 for generation (2 units) of all power and $12,500 for generation (1 unit) and purchase of stand-by power. The above analysis shows that for about the next 10 years continued purchase of all power is more economical. Toward the end of the design period power generation may begin to show savings in plant operating costs for the plant. ' I Generation of power at the treatment plant for sale to the power company at fuel cost rate has also been studied. It is not feasible and is not recommended. DIRECT DRIVE PUMPING Use of waste gas to power auxiliary direct drive of pumping units, after building and digester heating requirements have been satisfied, has been considered. I Waste gas averaged 12,000 cubic feet per day during the check period. In ten years this will increase to about 17,000 cubic feet per day. On a continuous duty basis, waste gas can provide approximately 27 horsepower now and 38 horsepower in ten years. With adequate q gas storage, recommended previously, engine -driven ' pumps could be operated during peak flow periods, approximately 6 hours per day, and shave the peak demand to reflect a savings in purchased electrical energy. On a 6 -hour basis, waste gas would -80- 315z 0 3ifl ppg i i provide fuel for 108 horsepower now and 152 horsepower in ten f years. The recommended plant improvements include new pumps. The two largest pumps will have motors totaling 150 horsepower. To provide for auxiliary drive pumping, these pumps would be equipped with angle gear drives. The pump house requires changes for installation of the engines for the auxiliary drives. Estimated cost for auxiliary direct drive pumping is: I Engines with Accessories $ 9,000 i Building Modifications 5,000 Angle drives, extended shafts and piping 4,500 J TOTAL $18,500 It is estimated that annual operation and maintenance costs will average $500 during the ten-year period. Continuous duty pumping has been considered. An angle gear drive would be furnished with one of the recommended new pumps, rated at 3 mgd. Provision would be made to drive the pump with a 40 ! horsepower electric motor or a 40 horsepower sewage gas engine. The electric motor would be stand-by. I� -81- 3ifl During the next few years, flows will be in the range so. that the 3 mgd pump with the engine driver can operate at full load nearly all the time. Flows in excess of the capacity of this unit can be handled by the next larger unit. Estimated cost for a 40 horsepower sewage gas engine, including angle gear drive and building changes, is $6,000. Engines used for pumping will be high-speed units having an expected life of about ten years and should be financed over this period. Average annual cost of direct drive pumping units during the ten-year period are shown below and compared with the purchase of electrical power. Debt service costs are based on a ten-year issue at 4% interest. Debt Service Operation and Maintenance Power AVERAGE ANNUAL COST Auxiliary Continuous Purchased Direct Drive Drive Power $2,300 $ 750 $ --- 500 1,000 --- --- --- 1,500 $2,800 $1,750 $1,500 Auxiliary direct drive pumping during peak flow periods will effect no savings during the design period. -82- 31S The above evaluation shows that installation of a continuous duty - sewage gas engine to drive one pump will cost $1,750 per year for the next 10 years compared to a purchased power cost of $1,500. Thus, this plan is not feasible from a strict financial standpoint. With a gas engine, there will be the advantage of being able to keep the plant in operation during power outages. Whether this is worth $250 per year is questionable. SALE OF GAS The final alternate considered is sale of excess gas to the utility for mixing with natural gas for resale. By 1985, it is anticipated that excess gas may amount to about 23,000 cubic feet per day assuming adequate heat is provided for the digester and buildings. On the basis of about 12,000 cubic feet per day being wasted now, it is estimated that over the design period, an average daily amount of 17,000 cubic feet will be wasted. This amounts to a total annual fuel value of 3,723 million Btu which can be sold provided the utility will purchase it. At an estimated purchase price of 250 per million Btu, average annual revenue will be $930. At 4% interest for 20 years, this amount would retire an expenditure of about $12,500 for gas pumping equipment and pressure main to the point of acceptance on the utility's gas distribution system. MIRIM 3W This alternate may be feasible if suitable arrangements can be worked out with the utility. SUMMARY Power generation using sewage gas as fuel will not reduce power cost below that of purchased power. Any changes in the conditions outlined for the power generation study may change this conclusion. Auxiliary direct drive pumping is not economically feasible. Continuous direct drive pumping results in additional annual cost of $250 over purchased power. It does have the value of permitting plant operation during power outages. Sale of gas will result in average annual revenue of about $900 for the next twenty years. Details regarding delivery of gas to the distribution system must be worked out to make a final determination as to feasibility of this alternate. Possibility of power generation should be reviewed periodically to recognize changes in the conditions upon which this study was based. -84- 3/% ■ O 1 ity of Iowa City' MEMORANDUM Dater February 7, 1984 To: City Council and City Manager From: Frank Farmer, City Engineer`/JL,21` , Re: Dearborn, Rundell and Center Storm Water Improvements As you may recall, B&B Engineering Services Corporation has an agreement with the City of Iowa City for the design of the lift station portion of the Rundell, Dearborn and Center storm water improvements. Edward Brinton of B&B Engineering has requested additional compensation for the design of the lift station. See attached letter from Mr. Brinton. After the initial report, it was determined that two lift stations, one small and one larger one, would be required to handle the 100 -year storm water flows while ponding water approximately 18 inches. - This required the design and sizing of an additional lift station, pumps, force main, and an outlet to the creek in an area already containing an abnormal number of utility lines. The design fees would have normally been established after the initial preliminary design report, had engineering anticipated the complexity of the project. However, a design report would have cost in excess of $1,000. I realize the agreement (attached) with B&B contains a "not to exceed" amount of $8,000, but the project entailed more design than originally anticipated. B&B's actual direct labor expenses, including employee benefits, etc., but not including overhead and profit, is $7,887.35. Based on the complexity, the design cost for this project would normally be in the neighborhood of $14,000-18,000. B&B is not requesting this additional amount, but they suggest and I recommend following the Department of Transportation's standard publication for force account work, in that 15% would be added to the actual expenses to cover overhead and profit. This would amount to an additional payment of $1,070. Chuck Schmadeke concurs with this recommendation. If you so desire, I will discuss this proposal with you at your convenience. cc: Chuck Schmadeke bj5/9 �/S Engineering Services Corporation 1218 Highland Court Iowa City, Iowa 52240 Telephone 319-351-4025 Haywood B. Belle December 5, 1983 Mr. Frank Farmer City Engineer Civic Center Iowa City, Iowa 52240 RE: Rundell Street Neighborhood Storm Water Pumping Station Dear Mr. Farmer: Edward H. Brinton, P.E. After considerable thought we have decided to request your consideration for an increase in our fees for preparation of the design, plans and specifications for the Rundell Street project. The basis for our request is the changes in the scope of the project. In April we agreed to provide the design, drawings and specifications for the pumping station, discharge force main and outlet into the creek. The preliminary budget cost estimates were $80,000 for all the above which were called "The Pump Station". During May and June we reviewed the hydraulic calculations and storm sewer layout prepared by your staff. Our preliminary design report was prepared on the basis of the flow conditions set by you and your staff. We presented several alternative locations, sizes, types of equipment, operational and maintenance features for your consideration. We estimated the costs at $200,000 and offered several suggestions on how to reduce the scope of the work, size of. the equipment and the costs. You and your staff considered these recommendations, made a decision and told us to proceed with the final designs. We submitted a status report on the designs to you in our letter of August 30. This letter was intended for your use in explaining to the City Council the major features of the project, the difficulties with the site and other features which impacted the costs. An MBE Concern to Serve You 31-5- : ■ M rrI F. Farmer Page 2 12/5/83 lie negotiated engineering fees to design: - a pumping station - a force main - an outlet into the creek - with an estimated cost of s8o,000 we were required to produce the design for: - two pumping stations - three force mains - three outlets to the creek - with an estimated cost of $185,000 Our costs for this project have far exceeded our income. The difference is much greater than can be explained by inefficiencies on our part. We believe the work product required from us was and is much more than we agreed to provide in April. As a guide in your consideration of our request may we suggest: 'a. It is normal for engineering fees to be approximately ten percent of the construction costs. b. Our income for the project is approximately five percent of the construction costs. i c. Our out-of-pocket expenses to date for wages, fringes, outside consultants and printing have exceeded our income ... with no allowance for overhead and profit. I d. On future projects we would be very reluctant to negotiate any not -too -exceed fees until a i reasonable preliminary engineering design report and cost estimate has been approved. Ile would be pleased to meet with you to discuss this i request and hopefully reach an agreeable settlement at your convenience. I V incerel i' Edwa Brinton EB:tmb 3/s I tJ h)Jc� f cc fi NN, I I 20 �CPC /t II ze;e g•. I All /I xZ,o6 x z, /r53o- �I _..... _........ ... iy le Pr ice i a I1/6 u i I. I• i I � ' n�ct �� :.. , , . n , I .:. _ . �• t ; � Gil , I 11 �—"'-- -. OIC N9 ` •Cd I /Z �.-YU f 401 !�.98' 8�a I I AG R EE M EN T This Agreement, made and entered into this 26th day of April 1983, by and between the City of Iowa Cityf a municipal corporation herinafter referred to as the City, and B & B Engineering Services of Iowa City, Iowa, hereinafter referred to as the Consultant. Now, therefore, it is hereby agreed by and between the parties hereto that the City does contract with the said Consultant to provide services as set forth herein according to the terms of this Agreement. Such contract for services shall be subject to the following terms and conditions and stipulations, to -wits The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. a. To discharge from employment or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status or sexual orientation. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, reglion, sex, national origin, disability, age, marital status or sexual orientation. I. SCOPE_ OF SERVICES The City of Iowa City desires to improve the storm water drainage system in the vicinity of Rundell Street, Center Avenue and Dearborn Street near Ralston Creek, hereinafter called the Project. The City, through the use of its Engineering Division, intends to prepare designs, construction drawings, specifications and contract documents for the construction of the Project. The City intends to provide general observation and resident inspection of construction. The City intends to use the Consultant to aid it by providing engineering services for the desgin, drawings and specifications for the pumping station, discharge farce main and outlet into the creek, hereinafter called the Pump Station. I 1S A_ Basic -Services -of the Consultant Consultant shall perform professional services as hereinafter stated which include customary civil, structural, mechanical and electrical engineering services for the Pump Station. 1. Study and Report Phase. After written authorization to proceed, Consultant shall: I.I. Consult with City to understand the City's requirements for the Project and review available data. 1.2. Provide analyses of City's needs, review the City's hydraulic calculations, planning surveys, site evaluations and comparative studies of prospective sites and solutions. 1.3. Assist the City with a general economic analysis of the various alternatives. 1.4. Prepare a Report containing schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate clearly the considerations involved and the alternative solutons available to City and setting forth Consultant's findings and recommendations with opinions of probable construction cost for Pump Station. 1.5. Furnish five copies of the Report and present and review it in person with City. 2. Final Design Phase. After written authorization to proceed with the Final Design Phase, Consultant shall% 2.1. On the basis of the accepted Report prepare for incorporation in the Contract Documents, final Drawings and Specifications to show the character and extent of the Pump Station. 2.2. Conduct topographic surveys of the site for the pump station and outlet into the creek. Consultant will be furnished all survey information which has been obtained by the City. 2 ,3 /S i 2.3. Consult with the City's Engineering Division to coordinate efforts on the preparation of the final design and construction documents for the Project. 2.4. Furnish five copies of the Drawings, Specifications and cost estimates and present and review them in person with City. 2.5. Furnish the original mylar drawings and the original of the Specifications for the City to use in printing copies for the Contracting Phase. 3. Contracting Phase. 3.1. Consult with and advise City as to the acceptability of substitute materials and equipment proposed by Contractor when substitution prior to the award of contracts is allowed by the bidding documents. 4. Construction Phase. During the Construction Phase Consultant shalli 4.1. Review Shop Drawings, the results of tests and inspections and other data which each Contractor is required to submit, but only for conformance with the design concept of the Pump Station and compliance with the information given in the Contract Documents but such review and approval or other action shall not extend to means, methods, sequences, techniques or procedures of construction or to safety precautions and programs incident thereto; determine the acceptability of substitute materials and equipment proposed by Contractor; and receive and review for general content as required by the Specifications maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection which are to be assembled by Contractor in accordance with the Contract Documents. 4.2. Conduct a final inspection to determine if the Pump Station i■ substantially complete and a final inspection to determine if the work has been completed in accordance with the Contract Documents. 3 31-5- B Special_Services-of -the--Consultant --------------------- The Consultant, upon request by the City Engineer, shall assist and advise the City during construction relative to this Project, and shall provide the following special services. 1. Preparation of elementary sketches and supplementary sketches required to resolve actual field conditions encountered; 2. Review laboratory reports, materials and equipment; 3. Make periodic visits to the site to observe as an experienced and qualified design professional the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the Contract Documents; he shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by contractor(s) or the safety precautions and programs incident to the work of Contractor(s). His efforts shall be directed toward providing assurance for City that the completed Project conforms to the Contract Documents. During such visits and on the basis of his on-site observations he shall keep -City informed of the progress of the work, shall endeavor to guard City against defects and deficiencies in the work of Contractor(%) and shall recommend disapproval or rejection of work failing to conform to the Contract Documents. Such sites visits are not intended to substitute for technical observations by an on-site resident inspector employed by the City. 4. Make a final inspection report to the City upon completion of the Project. 5. The Consultant and the City shall discuss interpretations of the requirements of the construction Contract Documents. Upon request by the City Engineer, the Consultant agrees to furnish the following additional special services either with their own forces or by hiring others. Such special services include, but are not necessarily limited to, the followings 6. Soil investigation, including test borings, related analysis and recommendations; 4 31-5- C• 7. Land surveys, title and easement searches and descriptions of boundaries and monuments and related office computations and draftings; e. Assist the City as expert witness in litigation arising from the development or construction of the Project and in hearings before various approving and regulatory agencies. Engineering-Servicesby_the_City The City acting through its Engineering Division will act as the lead professional for the design and observation of construction of the Project. The City is responsible for the following servicesa 1. Preliminary and final calculations, designs, drawings and specifications for all storm sewers, inlets, manholes and apppurtenances (except pumping station, discharge force main and outlet to the creek) and removal and replacement of streets, sidewalks and driveways, vegetation and buried utilities. 2. All survey work and preparation of working site drawings for the design of the improvements except the survey work which is required from the Consultant for the Pump Station. 3. Preparation of cost estimates using the cost estimate for the pumping station which shall be provided by the Consultant. 4. Soil borings or subsurface investigations except those which are requested from Consultant. 5. Legal land surveys, title and easement searches and descriptions of boundaries and monuments and related office computations and drafting necessary to obtain right-of-way or construction easements except those services which are requested from the Consultant. 6. Preparation of construction contract bidding documents. 7. Conducting the public hearing, advertising for bids, printing and distribution of drawings and specifications to bidders. 9. Tabulating and analysis of bid results and recommendations on award of construction contracts. 9. Preparation of construction contract award documents. 5 31S- i 10. General services during construction. 11. Providing resident inspector on the sits during construction of the Project. 12. Consult with Consultant frequently during the preparation of design and construction drawings, i bidding and construction phases of the project to keep Consultant informed and advise Consultant when ; the City needs the Consultant's services. j 13. Make a final inspection of the completed construction and advise the Consultant of any discrepancies which may be important to the Consultant. II. TIME_OF_COMPLETION The Consultant shall complete each phase of this Project within the times listed belowo I Basic Services - 60 calendar days after notice to proceed. Special Services - The Consultant has no control=or obligation for time for completion during these services. III. GENERAL TERMS A. Should the City terminate the contract, said Consultant shall be paid an the basis of the schedule of hourly fees and charges for professional services, as shown in Section IV, for all work and services performed up to 1 the time of termination. However, such sum shall not exceed the "not -to -exceed" amount listed in Section IV. The City may terminate this Agreement upon seven (7) i days written notice, to the other party. B. This Agreement shall be binding upon the successors and j the assigns of the parties hersto, provided, however, that no assignment shall be made without the written consent of all parties to said agreement. C. Consultant agrees to indemnify and hold harmless the City of Iowa City, its officers, employees, and agents against any liability or claim of damages arising out of the negligent acts, errors, or omissions of the Consultant, his employees, or agents. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of said Project 6 3 �S shall be exclusive but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. Consultant shall be allowed compensation for such services and reimbursable expenses on a basis of a 1.00 multiplier times the amount billed. E. It is agreed by the City that all records and files pertaining to information needed for said Project shall be made available by said City upon reasonable request of the Consultant. The City agrees to furnish all reasonable assistance in the uses of these records and files. F. It is further agreed that no party to this Agreement shall perform contrary to any state, federal, or county law or any of the ordinances of the City of Iowa City, Iowa. G. Edward Brinton, an employee of the Consultant, shall attend such meetings of the City Council relative to work set forth in this contract and as may be reasonably requested by the City. Any requirements made by the City shall be given with reasonable notice so that he may attend. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, without restriction or limitation as to the use relative to specific projects covered under this Agreement. The Consultant shall not be liable for use of such documents an other projects. I. The Consultant agrees to furnish all reports and/or drawings with the seal of a professional engineer or architect affixed thereto or such seal as required by law. J. The City agrees to tender to the Consultant all fees and money in accordance with the schedule in Section IV except that failure by the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the project in accordance with this Agreement. K. Should any section of this contract be found invalid, it is.agreed that all of its sections shall remain in full force and effect as though severable from the part invalid. 7 3l -s i L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for their filing use. M. Direct personnel expenses for the purpose of this contract shall be defined as hourly wage plus retirement and fringe benefits. Consultant shall, upon demand, furnish receipts therefore or certified copies thereof. N. Records of the Consultant's direct personnel expense, Consultant expense, and reimbursable expenses pertinent to the Project, and records of account between the City and the Consultant shall be kept on a generally recognized basis and shall be available to the City or its authorized representative at mutually convenient times. 0. Reimbursable expenses include actual expenditures made by the Consultant, his employees, or his consultants in the interest of the Project for the following incidental expenses listed: 1. Expense of transportation and living when travklling in connection with the project, for long distance calls and telegrams, and for extraordinary work required by the City pursuant to its written direction. 2. Expense of reproduction, postage, and handling of drawings and specifications, excluding copies for Consultant's office use. 3. Fees paid for securing approval of authorities having jurisdiction over the Project. Fees paid by the Consultant for special consultants employed with the City's prior written approval for services other than those defined in this contract. IV. COMPENSATION_ FOR SERVICES The City agrees to pay for services stated in this contract on the basis of the following feast Basic Services — The Consultant shall be paid upon 2.06 times Direct Personnel Expense. The total fes for the Basic Services shall mat exceed eight thousand dollars (!8,000.00) including reimbursable expense. 0 Special Services - The total fee for each requested duty shall be established before the beginning of that task and shall be compensated in the following manners a. All Special Services shall be compensated at a fee based upon 2.06 times Direct Personnel Expense plus reimbursable expenses. The Direct Personnel Expense of all personnel classifications associated with this Protect shall be as shown below. The City agrees to reimburse the Consultant for reimbursable expenses listed in Section III -0. at cost. The Consultant shall furnish receipts of all outside expenses upon request. Direct Personnel Expense through October 30, 1982 Per Hour Senior Design Engineer $17.00 Junior Design Engineer 014.50 Technician 012.00 Junior Engineer Technician 010.75 Secretary/Typist 0 7.25 All fees shall be billed and due payable monthly. With each billing the Consultant shall list the individual classification, the hours worked, and the hourly rate. Billing shall be broken down into the following categoriesi Basic Services Special Service (detailed) All provisions of this Agreement when not specifically defined shall be reconciled in accordance with the highest ideals of the Engineering and Architectural Profession. It is further stated that there are no other considerations or monies contingent upon resulting from the execution of this contract nor have any of the above been applied by any party to this Agreement FOR THE CITYt Y�Cl-- ATTESTe y 7 saw ---------- 9 FOR THE CONSULTANT i 1 � ATTESSTI / My of Iowa City MEMORANDUM Date: February 8, 984 To: City Mager 1d City Council From: Don Sch* At a City Council meeting held on January 31, 1984, aquestion was raised as to whether dumpsters are permitted in front yards and in parking spaces. Section 36-58(b)(6) of the Zoning Ordinance states that "the storage of merchandise, materials, equipment, refuse containers (emphasis added), obsolete or junk vehicles, or the major repair of vehicles is prohibited in required off-street parking and stacking spaces." Dumpsters would be specifically prohibited in required parking spaces; however, they could be placed in parking spaces that were not required. The Zoning Ordinance only restricts the location of accessory buildings in required yards and does not control for accessory uses per se.. Some accessory uses are restricted from location in a front yard; however, a dumpster is not one of them. When amendments are proposed to the Zoning Ordinance, the staff will include a proposal to ban' refuse containers from locations in the required front yard for your consideration. It was brought to my attention that the subject request was made in regard to a specific instance. It is not known whether in this instance a dumpster is located in the required front yard or more than 20 feet back of the front lot line. The Zoning Ordinance does not normally restrict the locations of permitted accessory buildings and uses within the "buildable portion of the lot," the portion of the lot excluding the required front, side and rear yard areas. bdw2/11 314 I CITY CHIC CENTER OF 410 E. WASHINGTON ST February 7, 1984 Keith Borchart 311-314 Iowa State Bank Building Iowa City, Iowa 52240 Dear Keith: IOWA IOWA CITY, IOWA 52240 i CITY (319) 356-5000 Last night the Planning and Zoning Commission discussed again the possi- bilities of designating William White Boulevard a park. I reported to them a discussion with the Director of Parks and Recreation and his willingness to consider this area for a park. There is no formal designa- tion for "open space", in contrast to a "park" with the potential for active public use of the property. There was some reluctance on the part of the Commission to impose a public facility on the neighborhood when what seemed to be desired was the status quo. The consensus of the Commission was to not pursue any formal designation for the area with the understanding that the shared maintenance of the area would continue, and that were the City to do anything with the property, such as sell it or propose housing there, sufficient notice would be given to the neighbors and neighborhood input would effect any decision made, as in the past. If your clients wished to pursue the granting of an easement, they could take their request to the City Council over the Commission's recommenda- tion. It is my understanding that they do not wish to do so. Your clients may also go before the Parks and Recreation Commission if they wish the City to establish a park on this land. The Parks and Recreation Commission is the proper body to recommend to the Council the appropriateness of a park in the area and the extent of the facilities, if any, to be provided. Dennis Showalter is the staff liaison for that Commission. Please let me know if I can be of any assistance to you or to your clients in the future. Sincerely, Karin Franklin Planner bdw2/18 cc: Dennis Showalter 3/7 I •' DOROTHY S. SORCHART (1915.1969) PHONE (` O.E. BORCHART IOWA CITY - 351.4567 ' 'O. KEITH SORCHART WEST BRANCH - 643.5544 E LAW OFFICES OF BORCHART & BORCHART 311.314 IOWA STATE BANK BLDG. IOWA CITY, IOWA 52240 December 21, 1983 Mayor Mary Neuhauser Civic Center 410 E. Washington Iowa City, IA 52240 i i Dear Madam: On behalf of my clients, Mr. and Mrs. William Hahn, I am requesting an easement for driveway purposes over an abandoned railroad right-of-way located behind my clients property. The description of my clients' home is: Lots 10 and 11 in Block 8, in Morningside Addition to Iowa City, Iowa, according to the recorded -plat thereof located at 1621 Wilson Street, Iowa City, Iowa. The right of way travels northwesterly from College Street. There is also a right-of-way granted to Mr. and Mrs. Hahn's neighbor lying south of them. The purpose of such access is to construct a garage on the back of his lot. I am enclosing a copy of the plat of the property and right of way. If you should have any questions, please call me. Very truly yours, BORCHART & BORCHART D. Keith Borchart mw enc 317 i .:aty of Iowa City MEMORANDUM =. Date: January 30, 1984 To: Neal Berlin, City Manager / nl From: Larry McGonagle, Transit Manager Re: Rush Hour Tripper Service During budget review with the City Council, a question was raised concern- ing tripper service. Mayor McDonald questioned our reasons for discontinuing tripper service when the University was not in session. He was especially interested in the east side service. In answer to his question, the attached summary provides a breakdown of ridership for December, 1983. December was chosen because half of the month (12/1-12/16) the University is in session and half not in session. This allows for a good comparison of ridership. As you can see, when the University is not in session weekday ridership drops anywhere from 24 percent to 49 percent, depending upon the route. During this period the entire system shows a drop in weekday ridership of 40 percent. A drop in ridership of this magnitude does not justify continuation of -the tripper service when the University is not in session. In addition to the drop in ridership, there is an observable drop in overcrowding on particular trips. In our experience, when the University is in session there are a number of trips where overcrowding occurs. However, when the University is not in session there is usually only a single trip on a few selected routes which experience overcrowding. Due to this large drop in ridership and infrequent occurrences of over- crowding, I do not feel it would be cost effective nor good management to operate the trippers when the University is not in session. bdw/sp 319 rtben+of.eT➢A..'^^)°Ar'TxV"wt^*.^;mN rnE�'e1n.a- .uurr :r...-.,Nyo.- ., .,..- I I ff I l S I. RIDERSHIP COMPARISON FOR DECEMBER, 1983 University in Session vs. University not in Session I Route Hawkeye/7th Avenue Rochester/Mall Manville/Court Heights/ Hill N. Dodge/Sycamore Towncrest/oakcrest N. Dubuque/Wardway Mark IV/Lakeside Trippers Total AONTHLY RIDERSHIP AVERAGE DAILY RIDERSHIP * ** 12/1/83 12/17/83 Total 8 12/1/83 12/17/83 8 Change Per 12/16/83 12/31/83 Change 12/16/83 12/31/83 Daily Ridership Sat Wkd Sat Wkd Sat Wkd Sat Wkd Sat Wkd Sat Wkd Sat Wkd 1509 19,261 1303 10,129 2812 29,390 148 478 755 1605 434 1013 438 378 2244 18,955 2070 11,366 4314 30,321 88 408 1222 1580 690 1137 398 288 1262 14,918 1346 9,482 2608 24,400 (68) 368 631 1243 449 948 298 248 1890 17,393 1748 9,353 3638 26,746 88 468 945 1449 583 935 388 358 1729 22,221 1513 19,531 3242 31,752 128 578 865 1852 504 953 428 498 1 740 5174 627 -3,190 1367 8,364 158 388 370 431 209 319 448 268' 2143 23,352 2288 12,537 4431 35,888 (68) 468 1072 1946 763 1254 298 368 N/A 9,679 N/A N/A N/A 9,679 N/A N/A N/A 807 N/A N/A N/A N/A 11,517 130,953 10,895 66,588 22,412 196,541 58 508 5759 10,913 3632 6559 378 408 * 2 Saturdays; 12 weekdays ** 3 Saturdays; 10 weekdays G .Ity of Iowa City , MEMORANDUM Date: February 10 1984 To: City Council From: Robert Jansen, Fred Zehr, Don Schmeiser Re: Airport Zoning Impact Report In August, 1983, the staff submitted an ordinance to the City Council establishing revised Airport Overlay Zones for the City Council's consid- eration. The primary impetus for the ordinance was as a step in securing compliance with the Federal Aviation Administration (FAA) for grants in aid and to implement the adopted Airport Master Plan. At the time the ordinance was presented, objections were heard from affected property owners that the zones would interfere with development of their properties. In recognition of their concerns, the City Attorney and Mr. Russ Schmeiser of the Airport Commission recommended that the Airport Commission's airport consultant undertake a study to determine how the overlay zones would impact their properties. Although the primary emphasis and concern at that time was the impact the zones had on the West Side Development Company's property, the City *Council subsequently directed the consultant to expand the study to include all properties affected by the zones. Included with the information packet is a report prepared by the Airport Commission's consultant, Mr. Wayne Overman of Howard R. Green Company, entitled "Zoning Impact Report." This report is scheduled for discussion by the City Council at the informal meeting on February 27. It would perhaps be beneficial to explain some of the terminology used in the report. Such terms as approach slope, clear zone, hazard, obstruction, instrument runway, etc. are vague to those not involved with airport operations. Following is a brief discussion of this terminology. The obvious and prevalent concern of the City, Airport Commission and the FAA is the airport's safe operation for aircraft. This requires the regulation of both public and private property surrounding the airport. Since the Code of Iowa enables cities (and counties) to establish regula- tions via zoning mechanisms, the City has developed a set of "overlay" zones to regulate the development of private property. An overlay zone is, as defined in the City's Zoning Ordinance, "a set of zoning requirements that is imposed. in addition to those of the underlying zone. Developments within the overlay zone ... must conform to the require- ments of both zones or, in the case of a disparity, the more restrictive requirements of the two." The airport overlay zones, therefore, are developed to overlay other zones established on property located in the vicinity of the airport. For example, there is one area near the airport which is zoned CC -2 that is also encumbered by an airport "clear" zone. 3/9 Page 2 While the CC -2 zone would permit commercial development and second story residential uses, the airport clear zone would prohibit all residential uses and some commercial uses which are considered undesirable in the vicinity of the airport. The Approach Overlay (OA) Zone and the Clear Overlay (OCL) Zone are two such overlay zones discussed in the subject report. The OA Zone, a configuration of which is shown on page 10 of the subject report, controls the height of buildings and other structures located within the zone and the OCL Zone regulates the types of uses permitted. Both zones extend outward from the ends of the airport runways. The "top" or surface of an overlay zone is a sloped plane having a certain angle from the horizontal plane. The angle of the plane depends on the type of runway that the zone is intended to protect. There are two types of runways identified at the airport. One is classi- fied as a "visual" runway and requires an unobstructed path for planes landing and taking off from the runway at a 20:1 slope, i.e. an unobstructed air space extending outward and upward one foot for each twenty feet of horizontal distance from the end of the runway. The other type of runway is what is called the "instrument" runway. The instrument runway is further segregated into classifications of "precision" and "non -precision" runways. This type of runway requires an unobstructed path with a slope of 34:1. The regulations of the Airport Overlay Zones do not permit any structure including a tree to extend or protrude above the surface of the Approach Overlay Zone (and other similar zones, e.g. the Transitional Overlay Zone). If a structure or tree does extend above the surface, that part of the structure located above the surface is called an "obstruction." An obstruction may or may not be classified as a "hazard." A hazard does not have definitive meaning; the FAA determines what obstructions are or are not hazardous to the landing and takeoff of aircraft at the airport. Nor is there any specific set of criteria for making a determination of when an obstruction is a hazard. The distinction between an obstruction and a hazard is very important in determining the impact the zones have on private property. A property owner may be granted a special exception or special approval by the terms of the ordinance to establish a structure which extends above an OA Zone surface as long as the FAA does not determine that the obstruction is a hazard. If the structure, however, is determined to be a hazard, no such permission may be granted except by a variance. If a property owner wishes to construct a structure which would extend above the surface of an OA Zone and it were construed to be a hazard, the only recourse for the property owner is to seek a variance from the Board of Adjustment. In order to be granted a variance, the property owner would have to show that an "unnecessary hardship" exists. An unnecessary hardship probably exists if the property owner is denied any reasonable use of property for reasons which were not self imposed. It is possible, therefore, for a property owner to erect a structure with a variance from the Board of Adjustment even though the structure may be classified as a hazard. In such instances, the Council may wish to condemn a property owner's rights to development by acquisition of the property or an easement over the property. 319 rte. Page 3 The Airport Commission's consultant and the staff will be present at the Council meeting on February 27 to review the subject report and to answer questions concerning elements of the report. The Airport Commission proposes to review the subject report at a meeting to be held on February 15. Other recommendations and comments from the Airport Commission will be forwarded to the City Council prior to the Council's discussion of this matter. bc4 .3 I 0 • 1 1 I 1' 1 1 1 I 1 1 1 1 I Howard R. Green Company CONSULTING ENGINEERS IM rro is rj Ii" 10 K 2 F 1�J CD 1 !.l 1�J CD I hereby certify that this Report was prepared by me or under my direct supervision and that I am a duly registered Professional Engineer under the laws of the State of Iowa, and that I am competent to prepare this document. January, 1984 The contents of this Report reflect the views of the Howard R. Green Company and do not necessarily reflect the official views or policy of the City of Iowa City or the Federal Aviation Administration (FAA). 6 31j r. I' The proposed recommendations contained in this report are in general no more restrictive than contained in the present ordinance or that adopted prior to August 8, 1983. The amended ordinance would require landowners proposing a structure that would penetrate a 34:1 approach slope on Runway 6 or 30 to file certain information with the City and FAA to determine whether such structure would be considered a hazard. The intent of the zoning ordinance is to restrict all airport hazards and as many obstructions as feasible. The process for a landowner to follow should the proposed structure penetrate a 34:1 approach slope would be to file with the City for a Special Exception. The Special Exceptions clause of the ordinance states that a Special Exception may be granted if: 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare. 2. The specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, and will not substantially diminish and impair property values within the neighborhood. 3. The establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located. U E L' Iro -1- 3 /9 r 4. Adequate utilities, access roads, drainage and/or necessary j facilities have been or are being provided. _ 5. Adequate measures have been or will be taken to provide ingress I _ or egress so designed as to minimize traffic congestion in the -; public streets. ;I " 6. Except for the specific regulations and standards applicable to ^j the exception being considered, the specific proposed exception 3 shall in all other respects conform to the applicable regulations r or standards of the zone in which it is to be located. 7. The proposed use shall be consistent with the short range Comprehensive Plan of the City. If the structure cannot meet the Special Exception clauses (example: ,1 the structure is determined a hazard by FAA) the landowner can file for a _j "variance" under the provisions of the ordinance. J _1 Past experience indicates that structures penetrating a 20:1 slope on Runways 6 and 30 would almost always be determined a hazard (that is, ,j no Special Exception would be granted). Structures penetrating a 34:1 approach slope, but not penetrating the 20:1 slope are seldom considered a hazard, (that is, Special Exception could be granted provided the struc- ture meets all other conditions of the Special Exceptions clause). The ordinance does require structures that would be permitted by the Special Exceptions clause to conform with all marking requirements. ;I This typically involves an obstruction light. J A determination as to whether a proposed structure would be a "hazard" can only be made when the information as to the size, location and nature of - such structure is known. -2- 3 /9 J i INTRODUCTION On August 6, 1983.the City Council of Iowa City directed Howard R. Green Company to gather topographic information on and around the Iowa City Municipal Airport. This information would be used to investigate and identify areas of land under or near the approach surfaces to each runway. Attached to this report is a comprehensive drawing and several detailed drawings depicting these land areas in plan view. These drawings will provide interested parties with information concerning the location and vertical separation, of the approach surface and existing terrain. The primary interest of this report is toward the approaches for Runways 6 and 30. These approaches have been improved to permit non - precision instrument approaches, and therefore, require a 34:1 (see Page 10 for graphic description of 34:1 and 20:1 approach slopes) approach slope to conform with FAA design standards. The approaches to all runways at the Iowa City Municipal Airport were reviewed during the preparation of the Airport Master Plan, which was completed in 1982. The current approach slope to Runways 17, 35, 12, and 24 is consistent with those studied during the Master Plan preparation. To the best of our knowledge the findings and conclusions for these approaches are still valid. A listing of identified obstructions for each approach can be found with the respective detailed drawing for that runway attached to this report. -3- 3/i I .i Overl `1 zoni surf FAR J at th J inclu the e rz 1 taken devel J i r� f j. USE OF EXHIBIT DRAWINGS Included in the attached exhibits is a drawing titled" Airport ay Zoning Map" which provides a comprehensive view of the overlay ng ordinance. This exhibit shows the approach surface (or primary ace), the horizontal surface and transitional surfaces as defined by Part 77 and included in the Zoning Ordinance. The additional exhibits are detailed drawings of each clear zone e Iowa City Municipal Airport (I.C.M.A.). These detailed drawings ded information on the elevation of the existing terrain as well as levation of the approach slope. The topographic information was developed from aerial photographs prior to 1982, and therefore, does not reflect the most recent opment in these areas. To use the exhibits one should follow the steps below: 1. Locate the property in question on the comprehensive drawing titled "Airport Overlay Zoning Map". 2. If. the property lies under or near an approach surface and is near the I.C.M.A. turn to the appropriate detailed drawing for more information. 3. On the detailed drawing, locate the exact location of the property in question. (The existing buildings are outlined only.) -4- 30 4. After locating the property read the ground elevation by determining the elevation of the nearest contour. In addition to ground elevations certain building and pole elevations have been determined. These are designated T.B. for Top of Building ! and T.P. for Top of Pole. 5. Determine the elevation of the approach surface by reading of the contour elevation nearest to the property. 6. Subtract.the ground or building elevation from the approach — surface elevation to determine the vertical separation. J I I I r Li f i -5- F_ 1,500' Outer Width 700' Outer Width 5,000' Length 1,000' Length 20:1 Slope 20:1 Slope 10 3�9 (Turn to the exhibit titled "Airport Overlay Zoning Map" to aid f in following the discussion below). I J RUNWAYS 24, 35, 12 AND 17 During the preparation of the Airport Master Plan which was completed k in early 1982 an obstruction survey was completed on the above -referenced �^ runways. As part of this survey, obstructions were identified and listed. The FAA aeronautical study which followed determined appropriate course of -I action for each obstruction. These obstructions and course of action are listed on the detailed drawings for each runway approach. In addition to the obstruction survey, the dimensions for the approach surface and clear zones to each runway were defined in accordance Jf with FAA design standards. These dimensions are as follows: JAPPROACH SURFACE CLEAR ZONE Runway 24 1,000' Inner Width 1,000' Inner Width 4,000' Outer Width 1,510' Outer Width 10,000' Length 1,700' Length 34:1 Slope 34:1 Slope r; i r Runway 35 500' Inner Width 500' Inner Width 3,500' Outer Width 1,010' Outer Width 10,000' Length 1,700' Length i r 34:1 Slope 34:1 Slope Runway 12 500' Inner Width 500' Inner Width 1,500' Outer Width 700' Outer Width .i 5,000' Length 1,000' Length 20:1 Slope 20:1 Slope r Runway 17 500' Inner Width 500' Inner Width 1,500' Outer Width 700' Outer Width 5,000' Length 1,000' Length 20:1 Slope 20:1 Slope 10 3�9 I7 These approach surfaces are consistent with the zoning ordinance as adopted on August 8, 1983. RUNWAYS 6 AND 30 The obstruction survey completed for Runways 6 and 30, during the Master Plan, used an approach surface design standard for visual approaches. The improved approaches to Runway 6 and 30 to non -precision instrument approach modified the applicable design standard. A comparison of the old and new standards for the approach surface and clear zones are listed below: APPROACH SURFACE CLEAR ZONE Old New Old New Runway 6 1,000' Inner Width 1,000' 1,000' Inner Width 1,000' 1,500' Outer Width 3,500' 1,100' Outer Width 1,425' 5,000' Length 10,000' 1,000' Length 1,700- 20:1 Slope 34:1 20:1 Slope 34:1 Runway 30 500' Inner Width 500' 500' Inner Width 500' 1;500' Outer Width 3,500' 700' Outer Width 1,010' 5,000' Length 10,000' 1,000' Length 1,700' 20:1 Slope 34:1 20:1 Slope 34:1 The obstruction survey completed during the Master Plan identified and listed obstruction based on a 20:1 slope. The detailed drawings have identified certain obstructions based on a 34:1 slope; however, a complete obstruction survey would be needed to locate and identify all obstructions in these areas. Obvious obstructions include two areas where the approach penetrates the ground. Others include Old Capital Motors' building, Modern Wall, Inc., as well as various residential houses. Preliminary calculations indicate approximately 300,000 cu.yds. of earthwork would be required to remove the ground penetration. -7- 3 /9 i ■ RECOMMENDATION We recommend that the City Council adopt a zoning ordinance that is consistent with all the current design standards for the type of approach now in effect at the I.C.M.A., without exception. The basis of our recommendation requires an understanding of the differences between design standards, operational standards, airport obstructions and airport hazards as defined by FAA. The intent of this zoning ordinance is to restrict the construction of all "airport hazards" and as many "airport obstructions" as economically feasible. Simply stated, an 'obstruction" as defined by a 34:1 design standard approach would not automatically indicate this object as an "airport hazard." The determination of an airport hazard can only be based on an aeronautical study conducted by FAA. The classification of any structure as a hazard can only be made by FAA. The determination is made based on information as to the size, loca- tion and nature of such structure. "Obstructions" conforming to the con- straints of the FAA, could be permitted provided it is consistent with the goals of the I.C.M.A. A secondary consideration to this recommendation, is that the height and location of buildings on the University of Iowa Campus limit the development of the approaches to Runways 6 and 30 beyond the non -precision approach currently in effect and therefore more improved approaches and restrictive standards are not anticipated on these approaches. We believe the above recommendation to be consistent with FAA policy and was developed in conjunction with members of the FAA Central Region in Kansas City. go 30 I _I ADDITIONAL RECOMMENDATIONS LAND In addition to amending the current zoning ordinance, the I.C.M.A. i Commission should promptly take the necessary steps to insure compatible :I land under and near the approach surface by acquiring property interests r. through avigation easement or simple fee. The minimum amount of such land would include all land within the clear zones, however, a more acceptable amount would include all land where the vertical separation between the approach slope and existing terrain does not exceed 35 feet. NOISE The I.C.M.A. Commission should also develop a noise footprint for aircraft currently using the airport as well as those anticipated. This noise footprint would provide the Planning and Zoning Commission with information for developing compatible land usage within noise sensitive fareas. LIGHT LANE ON 24 JThe light lane on the approach end of Runway 24 should be zoned to a 50:1 slope starting 200' from the end of the Runway and extending.out 1,600' at a width of 400'. �r i i -9- 3i9 O Ww 0 O W tu Z mf z TYP TYPICAL APPROACH SLOPE 20 HORIZONTAL TO I VERTICAL i. 20' TYPICAL VIEW OF AN APPROACH SLOPE r--04 Pm* POW MM 1111 1 3P /. 28 27' � BASE MAP$ U.SGS TOPOGRAPHIC MAPS I i Q ,, j WEST LIBERTY SW /965, HILLS 1964 AIWA CMr �+�1 � `J 5•� WEST 1.964 B IOWA CITY EAST /963. ✓`� 7 :01 �.-�J+`j' �I /1 CONTOLR INTERVAL lO' r " ,• /'{•• - - . AAMW 5 ARE BASCO ON U _ _ .__ _ _ _. DF.'AR. PART 77.25(CMLAA iMRT AGWARY 0 ' ..•�: SLAFACES7 FOR LL71MAZE RLINWAYS. ES7ABLI9EO AMM7EL. 661,0 �- -- -- LA7MULF-1/•38'2/' SFE AA9717ACH AVRUS AMP QO-SE W AAI) MANSMIONAL SLAFACE LS57RC7•LW9. 26' 91.25' d .. • 1V LEGEND.' i" •. �— ---- AVAGiwRr &WALES I Fr-m nar cBsnwr ws ;- • ,"- A 'WE'! `; - . _ _ ✓ — FRaV EO HIGHWAY TAK AVOW I'rp {I \ ( i -� 1 i i i r � \I � � 1 % / i rbc\ •_ IOWA CITY MUNICIPAL AIRPORT IOWA CITY, JOHNSON COUNTY, IOWA 1 \ , c��� \Y' 1111 ' ,�, •^• • r� AIRPORT OVERLAY ZONING MAP REVISED BY / )• \ rom o noo -)` G 7/ H R�CcrrpaV ORIGINAL BY L. ROBERT KIMBALL 6 ASSOCIATES .?iy f �� � � �I 1�- '� SCALE N FEET. ?00 100 0 200 l LEGEND: —T.C.-- Existing 50' Terrain Clearance Existing Airport Property Line E:::::= Existing Airport Pavement Existing Clear Zone —Ci— �— Proposed Clear Zone Proposed Airport Pavement Proposed Aerial Easement — —TC:-- — Proposed 50' Terrors Clearance EMMMMM Proposed Light Lane 3 /9 O r—Existing IN Proposed r653 F653 653 /3,/ X 656 53.5 655 5 651.5 x LEGEND: — —T. C. Existing 50' Terrain Clearance — — Existing Airport Property Line O Existing Airport Pavement —$--G— Existing Clear Zone --O-—G— Proposed Clear Zone C = _ _ :3 Proposed Airport Pavement M7—=—Z Proposed Aerial Easement — —TC-- Proposed 50' Terrain Clearance D Proposed Light Lane .319 LIST OF OBSTRUCTIONS R/W 17-35 NO DESCRIPTION ELEVATION APPROACH PENETRATION REMARKS 5 Ground 655 I' To be removed 6 Ground 655 To be removed 7 Light Standord 690 16! To be relocated 8 Private Rood 655 71 To remain 9 1 Building 671 1 12' To be lighted crai r a Proposed 653 r r 1 909 t 17-35 REMARKS i; (be removed be removed fr �be relocated � —T.C.— 6S9 �— 'Existing Airport Property Line L'I r9y Existing Clear Zone —$—) —0— —e— Proposed Clear Zone C = - _ _'j I EZ;= --Z ,Proposed Aerial Easement 8 I� f—� s 9 (B r9 3 II c L II 9 I 1. 159.13 1:1 r'or9 —._IIS•, y VN4bdj41 s y m Pa3olds10 r 6ugslx3 199 ,611 L S ZS9 V' �UA, r�os9 s�os9 LEGEND: —T.C.— Existing 50' Terrain Clearance �— 'Existing Airport Property Line L'I Existing Airport Pavement Existing Clear Zone —$—) —0— —e— Proposed Clear Zone C = - _ _'j Proposed Airport Pavement EZ;= --Z ,Proposed Aerial Easement — —TC-- Proposed 50' Terrain Clearance f—� Proposed Light Lone 3/9 V i LEGEND: a Existing 501 Terrain Clearance + •ar Existing Airport Property Line O Existing Airport Pavement --8-- a r H V i LEGEND: —T.C.— Existing 501 Terrain Clearance — — — �— Existing Airport Property Line O Existing Airport Pavement --8-- a Existing Clear -Zone --0-- —e— Proposed Clear Zone C - _ : _—j Airport Pavement EZ 7—' JZ Proposed Aerial Easement — —T.0 — — Proposed 501 Terrain Clearance D Proposed Light Lane SCALE C HORIZ SCALE IN FEET is •• 200 100 0 200 i. I .. •�"�� -- - ploysajyl — - _ =pecoids10 6ultslx3 �•'�y�m. o � W LEGEND: --T.C.--- Existing 50' Terrain Clearance Existing Airport Property Line Existing Airport Pavement --e---- a Existing Clear Zone —{�- -e— Proposed Clear Zone 1031 T17= -Z Proposed Aerial Easement 1 JK) © Proposed Light Lane I o 19'13 � — IW 13 Ob LEGEND: .3/9 --T.C.--- Existing 50' Terrain Clearance Existing Airport Property Line Existing Airport Pavement --e---- a Existing Clear Zone —{�- -e— Proposed Clear Zone E_ _ _ - Proposed Airport Pavement T17= -Z Proposed Aerial Easement — —TC:-- — Proposed 50' Terrain Clearance © Proposed Light Lane .3/9 �li _Aty of Iowa City MEMORANDUM Date: February 6, 1984 To: City Council From: Lyle Seydel PA. Re: Iowa City Housing Authority The purpose of this memorandum is to provide Council with a very brief refresher on Public Housing. Chapter 403A "Municipal Housing Law" Code of Iowa authorizes cities and towns to engage in activities that will provide decent, safe and sanitary dwellings, apartments or other living accommodations for families of low-income, lower-income or very low-income levels. Chapter 403A specific- ally lists all the powers of a Municipal Housing Authority (MHA). It covers all the powers necessary to buy, sell, contract, demolish, levy taxes, sell bonds, receive gifts, obtain federal funds, etc. that might be necessary to fulfill the responsibilities of a Housing Authority. By Resolution No. 1153, April 15, 1969 the City Council determined that it would be in the public interest to have all the powers defined in Chapter 403A of the Code of Iowa exercised by the City Council of the City of Iowa City. Resolution No. 1109, March 4, 1969 established a Housing Commission to assist the City Council in the area of low -rent housing. The Housing Commission studies, analyzes and makes recommendations to the Council on matters pertaining to housing. Federal regulations and HUD documents refer to this body as the Public Housing Authority (PHA), the State Code now refers to this body as the Municipal Housing Authority (MHA) and here in Iowa City the body is referred to as the Iowa City Housing Authority (ICHA). In all cases, it means the City Council of the City of Iowa City. The ICHA currently has three Annual Contributions Contracts (ACC) with the Department of Housing & Urban Development. The oldest of these coversthe Section 8 Existing Housing Assistance Payments (HAP) program and provides funds for rental assistance payments and administrative fees for 434 units. Details on budgeting and financing for this program will be provided at a later time. The remainder of this paper will deal with the ACC, covering the two public housing projects now operated by the City of Iowa City. Nationally, the Public Housing Program came into being in 1935 and made provisions for the Federal government to provide funds to local municipal- ities for the construction of dwelling units for poor persons. Through the years the basic law has gone through various amendments. In 1968, a national goal of a decent, safe and sanitary dwelling unit for all citizens was adopted and major revisions were made to the Public Housing Program. However, the basic thrust of the Federal government providing funds for construction of dwelling units remains essentially intact. Each year money is appropriated by Congress and the Department of Housing & Urban Development allocates these funds to the seven regions who in turn 302 Q Page 2 allocate to the states within the region. This normally occurs in December or January. Iowa is in Region VII, Kansas City. All housing affairs for the State of Iowa are handled by the HUD office in Des Moines. The ICHA submitted its first application for public housing in early 1978 and was allocated 48 units. A second application was submitted and approved in 1979 for 20 additional units. In early 1980 the Housing Authority solicited bids for all 68 units. Only one proposal was received and that eventually netted only 32 units. This is Project 22-3 and is located on six sites. In 1982 the ICHA solicited bids for 20 units and five proposals were received. This resulted in Shamrock Place, 20 units, Project 22-4. After the developer was tentatively selected, a negotiation conference was held and the results of this conference were then translated to a Develop- ment Program and Cost Statement. This document forms the basis for funding from start of planning through completion of construction. With approval of this document, HUD prepares and issues the Annual Contribu- tions Contract. The ACC is the Federal government's commitment to provide funds for the project. After ACC approval, the PHA may make periodic requests for payments to cover costs incurred. Funds for these perodc payments are provided for by the sale of temporary notes. Note sales for the State of Iowa are handled by the PHA at Ottumwa, Iowa, and are normally scheduled on a semi-annual basis. The PHA is responsible for payment of interest on these temporary notes. Upon completion and acceptance/payment for the project, financing and accounting change. When the PHA accepts the property from the Developer, occupancy is permitted and the Initial Operating Period starts. DOFA (Date of Full Availability) is the last day of the month when all units are available for occupancy. At DOFA interest stops accruing to the PHA. EIOP (End of Initial Operating Period) occurs at the end of the quarter in which 95 percent occupancy is obtained. At this point, no additional development dollars may be committed and all costs incurred are to be paid from operating expenses. A Determination of Minimum Development Costs is prepared and submitted. Approval of this document establishes the actual amount of the Annual Contributions Contract and permanent financing is arranged by the Depart- ment of Housing & Urban Development. This may be by bonds or long-term notes. At any rate the PHA has the Annual Contributions Contract which is then amended to read the correct amount and HUD notifies the PHA when payments are made. This includes the specific amounts paid in interest and towards the principal. The PHA prepares annual budgets and submits them to HUD for approval. Semi-annual and annual reports of Operating Income and Expenses are provided to HUD. Income in excess of expenditures must be returned annually to HUD and is credited towards HUD's indebtedness. The two items on the formal agenda for February 14 are two such documents. They are the amendments to the budget for the public housing project submitted earlier. Specific reasons for those amendments are contained with budget submis- sion. 3-�0 parks & recreation department N MEMO to. City Council and City Manager from. Dennis E. Showalter %C Differential Wage Scale for , re • February 9, 1984 At present there is a three-step classification system for all part- time employees at the Recreation Center. In most cases, new employees are started at Step A. Example: the current scale for aerobic instruc- tors is A - $5.25 per hour; B - $6.00 per hour; and C - $6.75 per hour. If a new employee more than meets the minimum qualifications, he or she may be appointed at a higher step. All increases are based'on merit and considered on the anniversary date of the employee's last raise. On approximately June 4, 1984, we plan on raising the scale for aerobic instructors to $8.00, $9.00 and $10.00 per hour. Existing instructors will be placed in the proper step, based on merit and length of service. city of iowa city 32/ IOWA CITY PUBLIC LIBRARY 2nd Quarter Report FY84 FISCAL YEAR OBJECTIVES: 1. Continue to find ways to adjust to the higher volume of service since the opening of the new building and try to reduce user dissatisfaction with the need to frequently wait to obtain service. 2. Increase the efficiency of handling and the quantity of items added to the library collections so that 70% of user's searches for a specific item are satisfied. 3. Sustain the FY83 level of volunteer hours and increase the amount of gift materials added and private funds received to augment tax support. 4. Complete the second cycle of the planning process by implementing strategies developed in FY83. WORK COMPLETED: 1. Additional terminals for the on-line catalog have been on order since June. New service delivery methods in Audiovisual and Information Departments ready to begin 1-1-84. Restructuring of supervision in Circulation already showing results. Service complaints remain low. Waiting time for check out still averages two minutes despite equip- ment problems and a seven percent increase in circulation per hour open. 2. Reshelving backlogs averaged 3112 items during the 2nd quarter with items reshelved in an average of two days. 6051 items have been added to the collection in the pas£ six months compared to 6307 a year ago. Net growth was 3410. 3. Gift books and records accounted for 18% of all acquisitions so far this year, up four percent over a year ago. Volunteers, at 1138 hours, are about the same as last year. Gift dollars received this quarter totalled $8,775 for a six month total of $21,072. 4. LIBRARY PRIORITIES FOR THE 80's is the basis for the library's FY85 budget request. Strategies to prepare for and to implement FY85 budget goals are underway. 3.zz i PERFORMANCE MEASUREMENTS: .3 ,?z FY81 FY82 FY83 FY84 FY85 (actual) (goal) (YTD) 1.A. Registered borrowers) 27,194 38,280 45,300 47,000 46,200 % IC residents who are registered 46.2% 46.0% 73.5% .78% 77.8% B. M people entering the building 278,840 414,000 471,600 495,000 240,706 Per hour open 93.9 135.4 149.2 165.0 154.4 C. Circulation 434,660 487,070 536,200 575,000 269,586 Per FTE staff assigned to 42,406 56,300 55,600 59,500 28,081 Circ. Dept. D. Questions handled 32,224 44,610 50,085 55,000 23,593 Per FTE staff assigned to 14,849 19,228 19,875 20,500 9,180 Info. Desk E. Meetings by non -library groups 69 798 960 950 514' F. Avg. length of time people wait NA 2 min. 2 min. 2 min. 2.05 min. to check out % of time no waiting to use 62% 73% 86% 90% NA2 G. % of all written comments on NA 74%1 25% 25% NA2 services which are complaints, re: waiting for service H. % of phone information requests Information staff too busy to 17.4% 18.6% 15.1% 18.0% 13.9% accept 2.A. Circulation per item added (a ratio above 40 indicates col- lections are deteriorating) 39.0 27.9 27.8 33.7 NA2 B. Availability rate (% of col- lection on shelf available (FY79) for use) 69.4% 70.2% 68.0% 70.0% NA2 C. % of collection checked out: High/low 17.8/13.7 21.0/14.7 22.1/16.1 22/17 20.4/15.5 3.A. % of acquisitions which are gifts or purchased from grants or gift funds 30.3% 34.1% 35.5% 33.0% NA2 B. Volunteers in FTE 1.0 2.5 2.4 2.6 2.5 4. Revised objectives and performance measures which reflect new priorities are ready by fall 1983 to use to prepare FY85 budget. lIncludes Iowa City, rural Johnson County, Coralville fee cardholders. 2 These measures done annually. .3 ,?z DIVISION ANALYSIS: It is gratifying to begin to see results from efforts to improve service performance despite continued increases in circulation, cardholders, information requests and general building traffic. The staff deserves credit for always looking for a "better way." Expenditures Budget Actual % 6000 719,584 357,074 50 7000 21,650 15,733 73 8000 167,674 89,454 53 9000 109,770 74,229 68 TOTAL $1,018,678 5536,491 53 3-? z IOWA CITY COUNCIL JOINT MEETING WITH BOARDS AND COR4ISSIONS FEBRUARY 9, 1964 JOINT MEETING WITH CHAIRPERSONS OF BOARDS AND COMMISSION: 3:30 PM at the Highlander, February 9, 1984. Mayor John McDonald presiding. Councilmembers Present: Ambrisco, Dickson, Erdahl, McDonald, Strait, Zu er, Baker Staff Present: Helling, Karr. Tape Recorded: Reel 84-C12, 84-C16, 84-C17, Side 1, 1-258. McDonald explained that this meeting is an opportunity to meet the Chairpersons of the Boards and Commissions and to review their past and future activities. Airport Commission. Emmit George. 84-C12, Side 2 Emmit George reviewed the accomplishments of clearing Willow Creek, installing additional instrument approaches, adopting a tall structure overlay zone, and buying a snowblower. The FAA issued a noncompliance status notice concerning their 1964 agreement with Iowa City due to encroachments in the clear zones. A current plan is to pursue developing runway 2/4 as per master plan. Airport Zoning Commission. Dick Blum 83-C12, Side 2 The Airport Zoning Commission was recently established. Commissioners are appointed from the Planning and Zoning Commission, the Airport Commission, Johnson County Zoning Commission, Board of Supervisors, and one member at large. The Commission will study and make recommendations, directed towards adopting an ordinance to prevent encroachments into the Airport's clear zone. Dick Blum explained the overlays will be irregular and governed by the layouts of the runways and FAA requirements. Board of Adjustment. There was no report Board of Appeals. Marcie Roggow 84-C12, Side 2 The responsibility of the Board of Appeals is to review the uniform building code and standards, the uniform fire code, the uniform mechanical code, and the uniform code for maintenance of dangerous buildings, update and recommend code amendments, assist building officials for making interpretations, develop permit fee schedules, hear appeals and approve alternate methods or materials for construction. The Commission consists of five Iowa City residents and one building official. Marcie Roggow noted that the Board needs a secretary. The Board of Appeals met 11 times in 1983, reviewing ten appeals. Roggow said that the new criteria has been established requiring an appellant to submit a blueprint with the appeal. A member of legal staff will be available at all meetings. Iowa City Council JoirMeeting With Boards and Commis..an February 9, 1984 Page 2 Board of Electrical Examiners and Appeals. Jim Kessler 84-C12, Side 2 The Board is comprised of a master electrician, a journey electrician, an electrical engineer, and a community member. The City Electrical Inspec- tor acts as the Board's secretary. The Board prepares and gives written exams for journeyman and master licenses and hears appeals. The Board adopted the 1984 Electrical Code and will update the municipal code. The licensing requirements for a master electrician was revised and test guidelines were established. Board of Examiners of Plumbers No report. Board of Library Trustees. Carolyn Cavitt. 84-C12, Side 2 The Board notes that the attractiveness of the Iowa City library, the large University population, a lack of understanding of the library's mission by University students, and the existence of fees at the Univer- sity for services that are free at the City library, have all contributed to overuse of the City library by University students. A University public relations class has recommended that the two libraries jointly work to inform the students and the faculty of the resources and purposes of the libraries. Use of the facilities for assignments will be limited. The City Library wants to serve University students' informational needs but not their curricular demands. Board of Review. William Doherty. 84-C16, Side 1 Doherty explained that the State mandated purposes of the Board of Review are to equalize assessments, add property to the tax rolls, and rule on possible tax exemptions. He noted that the Board has met more often in the last year because of increases in evaluation and the re-evaluation process. Doherty explained details of the evaluation process. He added that the Board found in favor of 80 of the residential petitions for tax relief and 44 against, while it found in favor of 61 of the commercial petitions and against 72. The appeals reduced the $90 million worth of appeals by about 10%. 17 property owners appealed Board decisions to the courts. Doherty itemized the top ten members of the tax rolls by the dollars paid. Board of Trustees for Police and Fire Retirement. Bill Barnes 84-C16, Side 1 Barnes explained the composition of the two boards. The board's adminiser E7 million in retirement funds. The board also reviews requests for sick leave, retirement requests, recalculate pension benefits of retirees or surviving spouse, and manage the retirement fund. Barnes noted that retirements from coronary heart disease are assumed by the courts to be job inflicted. To help reduce such retirements, the Board has worked to increase the coronary health of the Police and Fire employees. Iowa City Council Joint44eeting With Boards and Commis )n February 9, 1984 Page 3 Broadband Telecommunications Commission. Bill Terry 84-C16, Side 1 Terry noted that the Board handled a rate increase request for the first time last year. Increased revenue sources are being sought for the future. Civil Service Commission. Arletta Orelup 84-C16, Side 1 The Commission used its $8,000 budget for testing for officer level positions in the police and fire departments. Many assessment centers helped in this testing. No appeals were made to the Commission last year. Committee on Community Needs. Mickey Lauria. 84-C16, Side 1 The Committee worked to increase citizen input into the committee over the last year by using flyers, advertising, and neighborhood surveys. The Committee appointed members to monitor projects to assure implementation of programs. The Committee also reviews other City activities that have _ an impact on community needs, and has begun to participate in the City wide human services planning. Lauria noted that CCN recommends against a combined human services building. Design Review Committee. Kay Amert. 84-C16, Side 1 Amert said that in the last year the committee reviewed industrial bond applications, assisted the hotel steering committee, reviewed the con- struction plans for the reconstruction for Linn and Dubuque Streets, reviewed exterior design plans for downtown buildings, and advised on location of downtown newspaper vending machines. The committee hopes to continue assisting the Council even though the completion of urban renewal ends the committee's original purpose. Historic Preservation Committee. Margaret Nowysz 84-C16, Side 2 The Committee's general duty is to identify and designate historic structures in Iowa City and to make recommendations to the Council regarding historic structures. Public education continues to be a primary goal of the committee. The committee works with contractors and other city committees to help awareness of historic preservation priorities. Fund raising is a continuing project. Housing Commission. Fred Krause 84-C16, Side 2 Krause explained the purposes of the Commission is to promote clean, safe and decent housing for Iowa City. The four priorities in 1983 were congregate housing, housing weatherization and rehabilitation, shared housing, and site acquisition for low income housing. Work in all these areas progressed last year. The Commission also acted as a housing appeals board, hearing 298 appeals, granting 181 variances, upheld the inspector on 108 occasions, dismissed five appeals, and deferred four. The Commission met with the Human Rights Commission in 1982 and requested specific instances re housing discrimination. None were received. Iowa City Council Joir'—Meeting With Boards and Commis. .on February 9, 1984 Page 4 Human Rights Commission. Susan Futrell 84-C16, Side 2 This nine member commission hears cases of discrimination in Iowa City and enforces the City's Human Rights Ordinance, educates the community about human rights, and advises the City Council about discrimination laws. Last year the commission received eight employment discrimination complaints, two housing complaints, and one public accommodations complaint. The commission found no discrimination in eight of the eleven cases and resolved the other cases through negotiated agreements. The commission also has initiated an informal complaint process to try to speed the solution of complaints. Eighteen informal complaints were heard last year. No complaints went to the public hearing stage last year but one will proceed to the hearing stage next month. The commission also has initiated various public education programs including brochures on employment application forms, and has reviewed the human rights ordinance and recommended specific changes which are on the Council agenda. Fred Kruase noted the Housing Commission had gone on record against the changes. Parks and Recreation Commission. Fred Riddle 84-C16, Side 2 Riddle stressed that the Parks and Recreation Commission seeks to balance programs to benefit all segments of the Iowa City population. He noted that besides traditional programs, the commission is also in charge of snow removal and the City Forester position.• Last year brochures were distributed through the Press -Citizen describing Park and Recreation offerings. Riddle listed all of the many recreational activities at the Robert Lee Community Center on Gilbert Street, activities available in public schools in other sites around the city, and tours outside the community. Planning and Zoning Commission. No report. Resources Conservation Commission. Bob Singerman 84-C16, Side 2 Singerman said that the commission emphasizes energy conservation. Last year the commission proposed a community energy study and examined the new franchise agreement with Iowa -Illinois Gas & Electric. Singerman said that a lack of a quorum at the meetings has been a problem because of low attendance and conflict of interest concerns. The commission feels that it is time to implement new programs such as a locally administered conservation program funded through a franchise rental fee. The resources conservation could merge with or turn into a utility franchise commission which would oversee the franchise and the conservation program. Riverfront Commission. Diane Lewis. 84-C17, Side 1 Lewis said that the Rocky Shore bikeway and the conservation easement are the major accomplishments of the Riverfront Commission. The conservation easement will help prevent changes to the riverbank. The Mayor's Youth Iowa City Council Joi{'^ eeting With Boards and Commis_ on February 9, 1984 Page 5 Employment crew has worked to clean up portions of the riverbank below the Burlington Street dam. Concrete dumping along the riverbank has been examined in the last year. Senior Center Commission. Bill Coen 84-C17, Side 1 Coen said that the Senior Center hosted over 60,000 visits with the help of staff volunteers. He listed the many services available to the elderly in the center. He noted that the second floor is seeing increased use of the Senior Center services expand. The Commission hopes to add to Senior Center programs and increase the number of volunteers. University students often help with Center programs. An evaluation of the Center is currently taking place following the guidelines of the National Council of Aging. There were no representatives present from the Board of Adjustment, the Planning and Zoning Commission, and the Board of Examiners of Plumbers. Mayor McDonald thanked all board and commission members for their service to the community of Iowa City. Meeting adjourned at 6:30 p.m.