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HomeMy WebLinkAbout1984-04-03 Info PacketCity of Iowa City MEMORANDUM Date: March 30, 1984 To: City Council From: City Manager Re: Informal Agendas and Meeting Schedule April 3, 1984 Tuesday 6:30 - 8:30 P.M. Conference Room 6:15 P.M. - Tour Old Library 6:45 P.M. - Special Council Meeting - Separate Agenda Posted 6:50 P.M. - Criteria for Sidewalk Cafes 7:05 P.M. - Sewerage System Facilities Plan - Alternatives 8:15 P.M. - Council time, Council committee reports April 9 1984 Monday 6:30 - 8:30 P.M. Conference Room 6:30 P.M. - Review Zoning Matters 6:45 P.M. - Off-street Parking Design Standards Alley Access 6:55 P.M. - Melrose Court Improvements 7:15 P.M. - FAUS Program Funding 7:25 P.M. - CCN Request - Community Development Plan 7:35 P.M. - City Employees on Boards and Commissions 7:45 P.M. - Old Library Redevelopment 8:15 P.M. - Council agenda, Council time, Council committee reports 8:25 P.M. - Consider appointments to the Charter Review Commission April 10 1984 Tuesday 7:30 P.M. - Regular Council Meeting - Council Chambers April 17 1984 Tuesday 6:30 - 8:45 P.M. Conference Room 6:30 P.M. - Mandatory Parkland Dedication 7:00 P.M. - Extension of Scott Boulevard 7:30 P.M. - Transit Route Revisions 8:00 P.M. - Sale of Hawkeye CableVision - City Issues 8:30 P.M. - Council time, Council committee reports 4o O'L I, _ City Council March 30, 1984 Page 2 April 23, 1984 Monday 6:30 - 8:30 P.M. Conference Room 6:30 P.M. - Discuss Zoning Matters 6:50 P.M. - Discuss Proposed Amendments to Human Rights Ordinance 8:00 P.M. - Traffic Signal - Flashing Mode 8:10 P.M. - Council agenda, Council time, Council committee reports 8:25 P.M. - Consider appointments to Parks & Recreation Commission April 24 1984 Tuesday 7:30 P.M. Regular Council Meeting - Council Chambers PENDING LIST Priority A: Iowa -Illinois Gas and Electric Franchise IRB Policy - Housing Priority B: Duty/Procedure Changes - Housing and Inspection Services Lower Ralston Creek Parcels - Use and Configuration Congregate Housing Development Alternatives Newspaper Vending Machines Iowa Theater Type Problems Parking Study Recommendations Priority C: Housing Inspection Funding Policy Housing Market Analysis Recommendations Willow Creek Park Sidewalk North Dodge/Old Dubuque Road Project Appointments to Resources Conservation Commission and Urban Environment Ad Hoc Committee - May 8, 1984 6e' IOWA CITY CITY COUNCIL SPECIAL MEETING April 3, 1984 6:45 P.M. CONFERENCE ROOM Item No. 1 - MEETING TO ORDER. ROLL CALL. Item No. 2 - CONSIDER RESOLUTION ORDERING BIDS, APPROVING PLAINS, SPECIFICATIONS, FORM OF CONTRACT AND NOTICE TO BIDDERS, FIXING AMOUNT OF BID SECURITY AND ORDERING CLERK TO PUBLISH NOTICE AND FIXING A DATE FOR RECEIVING SAME AND FOR A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COSTS ON THE HIGHWAY 1/ INTERSTATE 80 SEWAGE PUMPING FACILITIES ASSESSMENT PROJECT. Comment: Approval of plans and specifications for the Highway 1/ Interstate 80 Sewage Pumping Facilities Project is subject to the public hearing.scheduled for April 10, 1984. This resolution is required to continue the assessment proceedings as set up by bond counsel and approved by Council onDecember 20, 1983. Total estimated project cost is $358,860. Total cost to the City is $93,865.73. The City's share includes $16,300.00 to abandon the Westinghouse lagoon and $77,585.73 of the Westinghouse assessment. Item No. 3 - ADJOURN TO INFORMAL SESSION. /03 City of Iowa City MEMORANDUM Date: March 28, 1984 To: City Council From: Mayor John McDonald Re: Request from Committee on Community Needs Attached is a copy of a letter from the CCN Subcommittee for Community Development Plan which was received by Council several weeks ago. I have received a recent inquiry regarding Council's response and have thus directed staff to schedule a few minutes for discussion of this matter at the informal meeting of April 9, 1984. Please give this matter some thought and be prepared to make suggestions at the informal discussion. cc: City Manager bj3/3 rm CITY cvic a roi R OF a^C E. NPSHNGTCN ST March 6, 1984 IOWA C"AlA CT'i. CNN/ :L24C F The Mayor & Members of the City Council Civic Center 410 E. Washington Street Iowa City, Iowa 52240 Dear Mr. McDonald & Members of the City Council: CITY ^cl^cc :CCG -d4 CITY CLERK The Committee on Community Needs (CCN) is beginning work on a 2 year community development plan for Iowa City for 1985-86. This plan will include a summary of Iowa City's community development and housing needs, and short- and long- term community development objectives developed 'in accordance with the primary objective of the Community Development Block Grant (CDBG) program. The primary objective of the CDBG program is the development of viable urban communities by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and moderate income. At this time we are asking many Iowa City boards, commissions and organizations to let us know what they feel are the principal community development and housing needs in Iowa City. These needs can range from the very general, e.g. more parks, to the specific, e.g. condition of housing on a specific block. We would appreciate your thoughts in this matter in order to help us develop a representative community development plan. Please jot down what you feel are the most important community development and housing needs in Iowa City, and let us have this information by March 31, 1984. Please address all correspondence to the undersigned subcommittee in care of the Department of Planning and Program Development, 410 E. Washington Street, Iowa City, Iowa, 52240. We appreciate your interest and help. Yours sincerely, Ruth Becker �{ Sadie May Roberta Patrick CCN Subcommittee for Community Development Plan bj4/6 cc: City Manager I n February 29, 1984 Dear Mayor: PUBLIC INFORMATION OFFICE LEGISLATIVE SERVICE BUREAU IOWA GENERAL ASSEMBL" 7c..':,NES 7NA This letter is to ask your participation in an exciting undertaking by your fellow Iowans. On April 18, a time capsule will be buried on the capitol grounds in Des Moines to commemorate the 100th anniversary of the capitol's dedication. The Capitol Centennial Planning Committee would like to invite you to participate in this endeavor by writing a letter to your counterpart in the 21st century --the mayor of your city in the year 2084. Your letter will be deposited in the time capsule along with those from other cities and will be opened during the capitol bicentennial celebration. I encourage you to participate in this undertaking for the enrichment of the future citizens of your community. The Centennial Planning Committee would urge you to prepare your letter with thoughtful consideration and in consultation with other leaders of your city. The committee would like to have your letter no later than March 31. Other suggestions for items to be included in the time capsule would also be welcome. If you have any questions, please feel free to contact me at the number listed above. For the Capitol Centennial Planning Committee, I am ohn Goelflner Director Public Information Office 'I �2- 1 �: Connors µ Chairman Capitol Centennial Planning Committee SDS CITY CIVIC CENTER UF 410 E. WASHINGTON ST March 29, 1984 OW/ IOWA CITY. IOWA 52240 CITY (319) 356-5CC0 TO THE MAYOR AND CITY COUNCIL AND ALL THE CITIZENS Of IOWA CITY IN THE YEAR 2084 Dear Mayor and City Council: I am often given the opportunity to address the citizens of Iowa City. I am also frequently involved with representatives from other communities in participating, on behalf of Iowa City, in activities of mutual interest and concern. However, I consider it a special privilege to address my counterpart of the future and to share with you my hopes and ambitions for the Iowa City of 2084. I have reviewed with interest the account given in the Iowa City Citizen of one event following the election of Mr. -Charles Reno to the office of Mayor. It states, in part, Charlie Reno, Mayor elect, was serenaded last night at his home. Unfortunately, our stenographer was not present, and his speech is lost to the world." The date was March 5, 1884. 1 am especially gratified knowing that my comments here will not be lost to the world. Iowa City, having once been the Capitol city of Iowa, can take special pride in its heritage and in our unique role in the centennial and bicentennial celebrations of the Capitol of this great State of Iowa. While the Capitol was moved to Des Moines over one hundred twenty-five years ago, we are fortunate to have inherited what I consider to be an institution of equal importance and prestige, the University of Iowa. You are probably aware that the permanent location of the University in Iowa City was a consideration given to this city as part of the decision to relocate the Capitol. Since that time, the University has played a key role in the growth and development of our community. City and University representatives have worked very hard to foster the spirit of cooperation which is vital to our mutual interests. At the same time, we and our predecessors in Iowa City government have worked very hard to develop Iowa City as a total community as well. I am fortunate to have assumed the office of Mayor at a time when we are making great progress toward both these goals. Major local policy issues are increasingly those which impact both the City and the University. A source of great consternation for a previous City Council was the question of whether or not to connect the University of Iowa sewers to the City system. This was one of the more controversial decisions made by Mayor Reno and his Council in August, 1884. Ironically, a major issue which the current Council must address involves the selec- tion of alternatives for upgrading the City wastewater treatment facili- ties in order to better facilitate continued growth within the community as well as to accommodate the University of Iowa which contributes approximately one-third of the total flow into the City system. 6Os Page 2 Economic development is another issue of current attention which impacts the City and the University alike. lie have recently begun a cooperative effort to facilitate continued economic growth by attracting new business and industrial elements to this community. The planning and initiation of this effort is the product of a committee of representatives from the City, the University, and local business and industry. A new information- al brochure has recently been published and I have enclosed a copy which should be of interest to you. We have an outstanding community in the Iowa City of 1984. "Quality of life" is an often used term to summarize our predominant goal and Iowa City has, over the past decade, been referred to by many as the "Athens of Iowa." We are committed to the further development of this community as a clean, attractive, desirable place for people to live and work. I recently presented my annual "State of the City" message to the comnu- nity and have attached a copy for your perusal. It reflects my enthusiasm and optimism for the future of Iowa City. I believe you will find it both interesting and enjoyable from an historical perspective. I am also very pleased that the Iowa City Public Library continues to place a very high priority on the preservation of both current and historical documents and accounts of the activities in our community so that you may enjoy a more complete account of Iowa City's history. It is my hope that we, as the policymakers of Iowa City in 1984, will be successful in fulfilling our responsibilities to the extent that you may perhaps learn something from our successes and from our failures, and that you will look back over the past 200 years with a sense of pride and with the satisfaction that those of us who have preceded you have contributed in our various ways toward making Iowa City an increasingly enjoyable community which people are proud to call their home. I suppose it is human nature for me to be somewhat envious of you. You are an active part of that Iowa City of the future for which we all share great hopes but which we shall never see. Nevertheless, I and my con- stituents are very proud to be a part of Iowa City history and I hope that we have given you, as well as your predecessors, a foundation upon which an even better Iowa City has been built. I hope this bicentennial celebration of the State Capitol finds all Iowans, and especially the citizens of our beloved Iowa City, both happy and prosperous. t very best regards, A 40 John McDonald Mayor 1984-85 bdw/sp 6e-5- CITY CIVIC CENTER CSF IOWA 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 March 2.9, 1984 The Honorable Arthur Small State Senator (23rd District) State House Des Moines, Iowa 50319 Dear Senator Small: CITY (319) 356-5000 Same letter sent to Representatives Jean Lloyd -Jones and Minnette Doderer. There are several pieces of legislation now pending which we have not had the opportunity to discuss with you. The purpose of this letter is to communicate to you the position of the City of Iowa City as it relates to these issues. Senate File 2228 would prohibit the restriction or regulation of manufac- tured housing through local zoning laws. The City of Iowa City remains opposed to this or similar legislation which infringes upon the preroga- tives of home rule. This is the type of local zoning regulation which should be left to the discretion of local government as we attempt to control and direct development within our community. I urge you to oppose this bill. Senate File 2248 relates to the collection and dissemination of informa- tion regarding hazardous chemicals. This bill would exempt the State government from liability for damages involving claims based upon an act or omission of an employee of the State in carrying out the duties imposed by the bill. However, this exemption does not extend to cities. Iowa City has long taken positions which advocate the same exemptions from liability for local government as for State government. This case is no exception and the exemptions from liability must apply to cities as well. Passage of this bill without the specified exemption will simply create another "deep pocket" situation for local government. House File 2487 regarding comparative negligence and joint and several liability is of critical interest to the City and was discussed to some extent at our recent meeting. Recent developments concerning this bill, especially regarding joint and several liability, have led Iowa City to join the League of Iowa Municipalities in strongly supporting amendments which eliminate joint and several liability and provide for a modified comparative negligence standard, thus limiting our exposure to lawsuits to a more reasonable level. We are opposed to any amendments which will increase our exposure as a "deep pocket" defendant. House File 2392 would require the use of psychological testing for determining the suitability of applicants for certain positions related to criminal justice, including police officers. This bill is not well -2 - written. It employs vague concepts which could be broadly interpreted and refers to the determination of "cognitive" skills through the use of "psychological testing", which seems to be a contradiction of terms. In addition, while prescribing specific psychological testing guidelines, the bill would leave the establishment of standards of mental fitness to the discretion of the individual agency. While Iowa City would exceed the requirements set forth in this bill, this type of determination should be left to the individual city or other governmental subdivision to determine the fitness of its applicants. I urge you to oppose this bill. Senate File 2220 provides that, in lieu of the State Sinking Fund, cities' monies be guaranteed by the banking institution in which the money is deposited. This guarantee would be in the form of a pledge of government securities held by the bank in the amount of 110% of the deposit. Your support for this bill is requested. In order that cities have sufficient time to adapt to this change, the bill should become effective on January 1, 1985, at the earliest. Your support is requested for House File 2460 which increases the tax levy for a municipal transit system to a maximum of .81 cents per $1,000 of assessed valuation. This would apply mainly to operating costs, the total cost of which cannot be recovered from fair box revenues in most local systems. Federal funding for operating costs continues to decrease and this legislation would allow cities to offset that lost revenue, when necessary to maintain a viable transit service. Senate File 2330 proposes to delay payment of one-half of the personal property tax credit funds for the fiscal year ending June 30, 1985. Cities were required to certify their FY85 budgets by March 15, 1984, and those budgets include 100 percent of the personal property tax credit fund. If the proposed legislation is passed, cities will come up with a funding shortfall in FY85. For Iowa City the shortfall will amount to approxi- mately $115,000. This bill proposes paying the second half of the personal property tax credit funds no later than July 15, 1985,just 15 days after year end. It appears that the State will be balancing its budget at the expense of local governments. One must question the rationale behind such actions as it only creates budget shortfalls for local governments. I encourage you to oppose this legislation. I urge you to strongly conside issues. As in the past, your ment are certainly appreciated the above legislation is strongl Sincerely yours, John McDonald Mayor cc: City Council bdw/sp y r the position of Iowa City on the above concern for the interests of local govern - and your favorable consideration regarding urged. CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. -IOWA CIN. IOWA, 52240 (319) 356-5 CO March 26, 1984 Ms. Susan Futrell, Chairperson Mr. Fred C. Krause, Chairperson Iowa City Human Rights Commission Iowa City Housing Commission 112 Clapp Street P.O. Box 2240 Iowa City, Iowa 52240 Iowa City, Iowa 52244 Dear Ms. Futrell and Mr. Krause: At its informal meeting on March 20, 1984, the City Council was updated by the City Manager on progress relating to the formation by the Housing Commission and the Human Rights Commission of an ad hoc committee to review and make recommendations regarding one of the proposed amendments to the local Human Rights Ordinance. It was the consensus of the City Council during that discussion that the ad hoc committee confine its efforts solely to the issue of the extension of protec- tion in housing to include "the presence or absence of dependents." The purpose is to attempt to identify some middle ground whereby the ordinance may be amended to prohibit discrimination against children while dealing in a positive way with the concerns that have been raised by those in the community who prefer to live in a childless environment. It is the desire of the Council to take formal action on the proposed amend- ments at its regular meeting on April 24, 1984. Therefore, I am requesting that recommendations from the ad hoc committee be finalized and forwarded to Council by April 19, 1984, so that these can be included in our April 20 agenda packet. The City Council realizes that we have given the ad hoc committee a difficult assignment. We are highly appreciative of your willingness to co-chair this committee and we recognize that those who participate will be performing a genuine service to this community. If you have questions or concerns regarding this request, please contact me at your earliest convenience. incerely yours, Doou'rrss, hn Mcnald iayor cc: City Council Ad Hoc Committee Members City Manager Civil Rights Specialist /sp 6o7 CITY OF IOWA CITY CNIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 NEWS RELEASE March 30, 1984 Contact Person: Phyllis Williams 356-5022 The Iowa City Human Rights Commission and the Iowa City Housing Commission have jointly formed an ad hoc committee to review and make i recommendations regarding the proposed amendment to the Human Rights Ordinance which would extend the area of protection in housing to include "the presence or absence of dependents". 'The purpose is to attempt to identify some middle ground whereby the ordinance may be amended to prohibit discrimination against children while dealing in a positive way with the concerns that have been raised by those in the community who prefer to live in a childless environment. The first meeting of this Committee is scheduled for 7:00 P.M. on April 2, 1984, in the Senior Center. The meeting will be open to the public. -0- FROM: Administrative Offices City of Iowa City MEMORANDUM DATE: March 30, 1984 TO: City Council // FROM: City Manager,/�/ �-� RE: Northside Lighting Project Report The final report of Phase I, Pre -installation, of the Northside Lighting Project should be available for the information packet on April 6, 1984. It is estimated that the final Project Report will be available one month 1 ate r. X09 City of Iowa City MEMORANDUM Date: March 30, 1984 To: City Council From: Dale Helling, Assistant City Manage Re: Proposal for Outdoor Service Area Attached to this memorandum please find copies of sketches of a proposed outdoor service area which were recently presented to me by the owner of Vanessa's restaurant. As presented on the sketches, this outdoor service area would be on private property immediately east of the existing restaurant in the courtyard area of the southeast corner of the Plaza Centre One property. However, Mr. Mondanaro has indicated his desire to perhaps expand this area southward onto Zone 1 of the Plaza and along a portion of the front (south side) of his restaurant. This would be a permanently enclosed outdoor service area. You have previ- ously discussed areas commonly known as "beer gardens" and have also received information for your discussion of areas referred to as "sidewalk cafes." The proposal in question represents a sort of cross between these two concepts and further incorporates the notion of a permanent structure encroaching upon the City Plaza. Given the above, proposed regulations regarding all three types of uses would impact this proposal in -the following way. 1. It would function as a sidewalk cafe on private property and, to that extent, not be subject to City regulation. 2. It would function as a beer garden on private property and would be subject to those regulations. Included will be provisions for licensing, screening, limited access, etc. This proposal would not seem to present major problems in this area unless the City chooses to adopt restric- tions, over and above those which are now part of the Noise Ordinance, in order to control noise emanating from these uses. This has not been recommended to date. 3. Since the screening structure is of a permanent nature, extension onto the City Plaza would be considered a permanent extension and would fall within the regulations set forth for leasing City Plaza land for that purpose. 4. If the outdoor service area is extended onto City Plaza it would then function, in part, as a sidewalk cafe. However, the fixtures, including screening, would be permanent, rather than temporary. If the area is leased as a permanent extension onto the Plaza, there would not seem to be conflict with regulations covering sidewalk cafes. 5. The proposed use would also function, in part, as a beer garden on public property, in this case the City Plaza. Staff is recommending that 8idewfjk cafes op rate only between the hours of sunrise and sunset. pera ion beyond t. ose hours by any establishment with a liquor license dl/D 2 would then be considered a beer garden. Under the proposed regulations, an outdoor service area of this nature on the City Plaza or other public land would be prohibited. It appears that the original intent of allowing building extensions onto the Plaza was to accommodate enclosed structures and/or entryways. Thus a separate provision was made for "sidewalk cafes." In addition, while sidewalk cafes are not extensively defined in the ordinance, it appears that these were meant to be temporary and seasonal in nature rather than perma- nently affixed to the Plaza. Finally, Council must address the issue of whether or not alcoholic beverages should be served at all in outdoor service areas located on the public right-of-way. Staff's recommendation is that this be permitted, but only for properly licensed restaurants in an outdoor service area, and only between the hours of sunrise and sunset. This information is being provided so that you may take it into account when further discussing regulations regarding outdoor service areas. Mr. Mondanaro has requested that the sketches be forwarded to you and he will be present at your informal meeting on April 3 1984 to answer any questions you may have regarding his proposal. Council should determine whether or not you favor this concept and, if so, whether or not this use should be allowed to extend onto the City Plaza. /sp ME �I�LaV k� G� �r� City of Iowa City. MEMORANDUM Date: March 30, 1984 To: City Council (Za From: Dale Helling, Assistant City Manager Andrea Hauer, Development Coordinator l-" Re: Sidewalk Cafes The City Council has previously indicated its interest in permitting sidewalk cafes. To facilitate the Council's review of the subject, a set of suggested criteria to regulate this usage has been drafted. The criteria were developed based on the premise that the primary function of a public sidewalk is for the safe and smooth passage of pedestrians. Criteria for use of the public right-of-way for sidewalk cafes 1. A sidewalk cafe is defined as an outdoor service area used for the serving and consumption of food and beverages, which are dispensed from inside a restaurant to people seated at tables and chairs in the area. 2. Sidewalk cafes will be permitted in the public' right-of-way or on other publicly owned property only in the CB -10 and CB -2 areas (the downtown and• the commercial areas directly north and south of the downtown - see attached map). 3. The sidewalk cafe area must be adjacent to the building housing the restaurant and utilization of that area is subject to the building owner's approval. 4. The cafe area may not extend onto the sidewalk in a manner that will not allow a minimum of 10 feet of unobstructed sidewalk remaining for pedestrian use. The ten foot unobstructed portion of the sidewalk should be continuous and contiguous with the adjoining sidewalks in such a manner as to provide uninterrupted smooth passageway for all pedestrians. On the City Plaza, a sidewalk cafe may use the area defined as Zone 1. 5. All tables and chairs in the cafe area should be set back, for safety purposes, at least ten feet from alleys and should not be located in a triangular area at street corners, in which two of the triangles' sides measure twenty feet in length along the curb lines, from the point of intersection of the streets. 6. The area for the sidewalk cafe should be temporarily delineated by ropes or some other suitable method. Tables, chairs, and other items used by the cafe are to be removed at the end of each day's operation, and the cafe area restored to its normal condition as a pedestrian way. 611 Page 2 7. Permitted hours of operation shall be from sunrise to sunset and operation shall not be allowed before April 15 or after October 15 of any calendar year. 8. A sidewalk cafe shall not utilize any public amenity such as benches or seats. 9. Amplified sound equipment and additional advertising or identification signage beyond that permitted for the main restaurant shall not be per- mitted. Any amenities, (chairs, tables and umbrellas) shall not have any advertising on their surfaces. Compliance with the City noise ordinance shall be required. 10. There will be a rental charge for the use of the public right-of-way. It is suggested that this charge be calculated on an actual value per square foot basis combined with the duration of -use - number of days, weeks, months. 11. The use of public sidewalk space for cafe purposes shall not be subject to the zoning code because the cafe is a use of public property rather than private property. The Zoning Ordinance regulates only the use of private property. 12. The sidewalk cafe, as part of a restaurant, must be licensed by the Johnson County Board of Health. 13. The sidewalk cafe operator will be required to post sufficient insur- ance and to enter into an agreement holding the City harmless against any and all liability arising from accidents or other actions arising from its operation. In addition, if alcoholic beverages are served in this area, other provisions such as dram shop insurance shall also be provided by the operator. 14. The application for a sidewalk cafe should contain, at a minimum, a plot plan, a picture or illustration of the amenities to be used, and the seating capacity of the cafe. As with City Plaza use permits, applications will be handled by the City Manager's office, with the review and approval of any use of the public right-of-way approved by the Council as prescribed in the City Code. The City Manager's office will be responsible for the administration of the lease and collection of fees. Staff will be present to respond to questions or concerns at the informal meeting on April 3. CB -10 and CB -2 Zoned Areas: Iowa City City of Iowa City MEMORANDUM TO: City Manager FROM: City Attorney RE: K(� U sewer Connection or Tap -On DATE: March.29, 1984 Fees As part of the Council's study of the sewerage system facility plan, you have asked for my opinion concerning the legalities or.. imposing connection or tap -on fees to developers or persons wishing to connect to City sanitary sewer facilities. As you know, this situation usually arises when a city extends sanitary sewer mains to undeveloped areas. The object is to then recoup the city's costs for the extension by charging eventual users a set fee for hooking on to the system. Prior to the enactment of home rule for cities legislation, the Iowa Code (sec. 393.14) contained a provision which permitted cities and towns to enact ordinances establishing schedules of "reasonable and equitable" sewer connection charges or fees against properties which are served by connecting to the municipal sanitary utilities. The ordinance containing the fee schedule was filed with the county recorder and the charges or fees were due when the sewer connection application is filed. The charge or fee could not exceed the equitable portion of the total original cost to the city of extending the sanitary utilities to the near vicinity of the property. This provision of the Iowa Code was, repealed in 1975 when home rule was enacted. An identical or similar provision has not been re-enacted by the Iowa Legislature. There is, however, another statutory basis on which it appears that sewer connection charges may be levied against users. Such charges may be viewed as a fee for services authorized pursuant to Section 384 84, the Code 1983. This particular statute provides that the governing bodies (city council) of a city utility may by ordinance of the council establish, impose, adjust, and provide for the collection of charges for connection to a city utility. Although the term "utility" has not been precisely defined in the Iowa Code, it is my opinion that city - owned sewage systems fall within the definition. You furnished me with a copy of the City of Marion's ordinance regulating sewer service connection charges and that ordinance refers to Chapter 384 of the Code which contains the provision above cited. In addition, the same Code section also provides that the governing body of a "city enterprise" may, of the council, establish, eby ordinance. tc. and provide for the collection of charges for connection to a city utility. City enterprise is defined in section 384.24(2)(f) to include the operation of solid waste system and disposal systems. biz City Manager re: Sewer Connection or Tap -On Fees March 29, 1984 Page 2 Any ordinance enacted to impose tap-onorsewer cgnnection charges should require a sanitary service connection permit, a clear statement of the fees to be charged or a schedule of the fees, and an equitable method for determining the fee on a per lot basis related to the total cost of the sewer serving the drainage basin involved. There has been a fair amount of confusion concerning this issue. In a 1981 Iowa Supreme Court decision in the case of North Liberty Land Company v. Incorporated City of North Liberty, 311 NW 2d, 101, the Iowa Supreme Court Invalidated a $5,000 sewer connection fee imposed by the City of North Liberty. The North Liberty ordinance imposing sewer connection charges was enacted pursuant to former Code Section 393.14 referred to herein. However, the former Code section required that a schedule of fees be incorporated into the ordinance itself and this was never done by the City of North Liberty and the determination of the fee was left to the City Engineer. In other words, the North Liberty ordinance did not substantially comply with the requirements of Section 393.14. This case has been viewed as throwing into serious question the validity of tap -on fees, but I do not believe the holding of the case extends that far. However, it does serve as a warning that any sewer connection ordinance imposed now pursuant to Chapter 384 must include the requirements of that Chapter as mentioned earlier. It should also be noted that I have not found any Iowa Supreme Court decisions interpreting the provision of Chapter 384 which appears to grant authority for sewer connection charges, but Chapter 384 of the Code is labled "City Finance" and contains six divisions regulating the requirements for financing of various public improvements, special assessments, bonding, and the establishment of rates for various city utility services. If any further information is desired, please let me know. 178 City of Iowa City MEMORANDUM Date: March 27, 1984 To: City Council Airport Commission 1 � From: Robert Jansen, City Attorney W David Brown, Assistant City Atto ey Re: Lease of Airport Property Pending before the City Council has been a proposed lease of airport property to the Iowa City Community School District. It has now been determined upon further review by the legal department that the Airport Commission is the proper body to authorize and execute such a lease. Accordingly, it will not be necessary for the City Council to hold any further sessions to consider this matter. All required procedures for the disposal of said property will be undertaken by the Airport Commission, and they have scheduled a public hearing on the proposed lease for April 12, 1984, at 7;30 p.m. The Airport Commission's authority in this regard is pursuant to Sec. 330.21, Code of Iowa, which provides in pertinent part that the Commission has all the powers in relation to airports granted to cities, except powers to sell the airport. This provision has been interpreted in opinions by the Attorney General of Iowa to mean that an airport commission has the power to lease airport land under its control. Because the land proposed for lease is under the management and control of the Airport Cgmmission, they are authorized to take the appropriate action, short of selling same, regarding its disposition. However, the City Council remains free to make any recommendations regarding the disposition of said property. In a related matter, the City Council is the proper body to consider a lease of City property located near the Iowa City Airport between Highway 218 and the Iowa River. Al Streb Construction Co., Inc., has proposed to lease a parcel of said property for storage of equipment and supplies. In the past, there was a question as to which entity, the City Council or Airport Commis- sion, controlled this strip of land; however, this matter was resolved by an August 12, 1982, Airport Commission resolution wherein the Airport Commission relinquished any management and control powers they may have had regarding said property, with the exception of land in the clear zone for approach to runway 24. (See attached.) Should the City Council wish to consider the proposed Streb lease, a public hearing will be necessary pursuant to Sec. 364.7, Code of Iowa, because the proposed lease provides for a term of more than three years. cc: Neal Berlin Fred Zehr bj5/9 6/3 RESOLUTION NO. WHEREAS, the Iowa City Municipal Airport Commission is a duly authorized and acting airport commission established pursuant to the provisions of Chapter 330, Ccde of Iowa, (hereinafter referred to as Commission) and. WHEREAS, the City of Iowa City, Iowa, is a municipal corporation (hereinafter referred to as City) and WHEREAS, the City wishes to construct a transit facility to be located on a portion of land which may be subject to the management and control of the Commission, said land being included in a larger parcel of land located west of the Iowa River and east of Highway 218, and WHEREAS, said land is held in fee simple title by the City and may be subject to the management and control powers of the Commission conferred on it by Chapter 330, Code of Iowa, for airport purposes, said land being described as follows: All that part lying south of Highway 6, west of the Iowa River and east of Highway 218. and WHEREAS, the City has previously utilized the above-described real estate and entered into possession of same having constructed a city maintenance builrlinq thereon and having established a part as public open space thereon, and WHEREAS, the Urban Mass Transportation Administration of the U.S. Department of Transportation will provide a grant to the City for the purpose of providing financial assistance to construct the transit facility and will require proof of unencumbered fee title in the City as a condition of said grant, and WHEREAS, the title of the City may be encumbered by the management and conL•ol ' powers residing in the Commission by virtue of Chapter 330, Code of Iowa, and WHEREAS, in the spirit of harmonious and cooperative relationship with the City, the Commission is willing to relinquish and divest itself of any management and control powers which it may take over and to all of the above-described real estate for the benefit of the City, exce t that portion of the above-described real estate being currently utilized asar Zone for the approach to runway 24 at the Iowa City Airport, said land being described as follows: 600 feet north and 600 feet south along the east edge of Highway 218 proceeding from the intersection with the extended center line of Runway 24 and 950 feet north and 800 feet south along the west edge of the Iowa River from the intersection with the extended center line of runway 24. NOW, THEREFORE, BE IT RESOLVED that the Iowa City Municipal Airport Commission does hereby forever relinquish and release to the City all of its right and authority which it may have to manage and control for airport purposes the aforesaid described real estate. Passed and approved this 1 2,e? day of 1982. Chairman ATTESTI.-1 f/ Secretary �'/3 City of Iowa City MEMORANDUM DATE: March 29, 1984 TO: Larry Baker FROM: Lorraine Saeger RE: Membership of Boards and Commissions You requested a breakdown of members of boards and commissions as to the number of men, number of women, number of University representatives, and of the University people, the number of staff and number of students. The following information is provided: Men Women University Airport Commission 5 0 1 (staff) Board of Adjustment 3 2 2 (staff) Board of Appeals 4 1 0 Board of Electrical Examiners & Appeals 4 0 1 (staff) Board of Examiners of Plumbers 3 0 0 Board of Library Trustees 5 4 4 (staff) Board of Trustees for Police and 1 1 (staff) Fire Retirement 6 Broadband Telecommunications Commission 3 2 1 (staff) Civil Service Commission 2 1 1 (staff) Committee on Community Needs 5 6 2 1 (staff) (student at Kirkwood) Design Review Committee 7 3 7 (staff) Historic Preservation Commission 4 2 1 (retired staff) Housing Commission 3 4 2 (1 staff, 1 student) Human Rights Commission 2 7 5 (4 staff, 1 student) Mayor's Youth Board 7 1 2 (1 staff, 1 student) Parks and Recreation Commission 8 1 1 (staff) Planning and Zoning Conmission 5 2 1 (staff) Resources Conservation Commission 5 2 3 (2 staff, 1 student) Riverfront Commission 6 5 3 (staff) Senior Center Commission 5 2 3 (1 retired prof., 1 half-time prof., 1 Elderhostel student) TOTALS 92 46 42 League of Women Voters of Johnson County P.O. Box 2251, Iowa City, Iowa 52244 PUBLIC FORUM: Utility Franchises April 18, 1984 Iowa City Public Library Large meeting room:cap. 190 Four panel members will speak on electricity and natural gas utility fran- chises for Iowa City. Each panelist will speak for no longer than ten minutes. After these presentations the panelists will answer questions from the city council and other audience members. Kate Dickson, Iowa City council member, will speak on the franchises from the point of view of the city government. Tom Hoogerwerf, district manager for Iowa -Illinois Cas and Electric Company, will describe the franchises as viewed by a utility provider. Robert Singerman, chair of the Iowa City Resources Con- servation Commission, will discuss the franchises in relation to conservation and other consumer issues. Michael Sheehan, public utility economist, will speak on franchise economics and related issues from the view- point of an unbiased expert. He will endeavor to raise various franchise issues which may not have been men- tioned earlier. Drew Shaeffer, cable television specialist, will tape the meeting for broadcast on April 18 and future dates. A copy of this tape will be avail- able for loan at the public library. The forum will be aired again on cable TV during the week prior to the referendum date. The City of Iowa City will announce the broadcast channels, times, and dates, The League of Women Voters, sponsor.of the meeting, will provide press releases beforehand and a moderator and voter registrar during the forum. Information will be available to the audience on: utility franchise vocabu- lary, urban residential utility rates in Iowa, how to vote in Johnson County, and Johnson County government. If the demand arises, we will make this Information available to other citizen groups who wish to discuss utility franchises before the referendum date. Your ideas to improve this meeting and/or provide for informed citizen par- ticipation in this ballot issue will be welcomed, Call Naomi Novick, 337-4649. 615- • IC21 Iowa City • Iowa R RECEIVED c 2 9 1984 :he City of Iowa City, thu (treater Iowa City Area Chamber of Commerce ani the University of Iowa Research Foundation proudly announces the formation of the Iowa City --evelopment Corporation. The Iowa City Development Corporation (ICRC) will be a non-profit, tax-exempt or- ganization directed by a nine person Board of Directors. The three sponsoring organizations have agreed with the concepts as presented by the Ad -Hoc Econe:aic Development Committee and have named their representatives to the ICDC Board. These representatives will lead the ICRC committee through its organized and planning stages, then they will become the Board of Directors of the ICDC, :his group will meet on April 6, 1984 at 8:00 a.m. and begin the development of goals, objectives, structure, budget, staffing, short and long range action plans and other organizational decisions. The following are the respresentative named to the ICDC Committee: Norm Bailey (Acting Chairperson) - Chamber appointee Neal Berlin - City of Iowa City appointee Bill Bywater - Chamber appointee Dorsey (Dan) Ellis - Research Foundation Appointee Marty Kelly - Chamber appointee John McDonald - Ctty of Iowa City appointee Lyle Miller - Chamber appointee Jim Shiva - Chamber appointee Duane Spriestersbach - Research Foundation Appointee The Iowa City Development Corporation will become the focal point for future economic development nctiv;.ties for the Iowa City Ccmmuni.tr. The ICX will aggressively recruit .:nd attract new business and industry to locate in the Iowa City area and will work closely with present area businesses and industry leaders to encourage future expansion and development of :owa City location. The ICDC will develop a comprehensive action plan, which will be designed to communicate and market the advantages of our.conmmnity. For More Information, please contact: -. No= Bailey, North Bay Ccmputerware - 337-2689 Neal Berlin, City of Iowa City, 356-5010 Natty Kelly, Chairperson of Ad -Hoc Economic Development Committee, 354-3110 Duane spriestersbach, University of Iowa Research Foundation, 353-5534 JAR: j t Greater Iowa City Arca Chamber of Commerce P.O. Box 2358 Iowa City, Iowa 52244 (319) 337-9637 �6 I STATE &LOCAL GOVERNMENT Spring 1984 PRIVATIZATION: A PUBLIC-PRIVATE PARTNERSHIP FOR PROVIDING NEEDED PUBLIC FACILITIES What's a developer to do when city hall defeats a project proposal because of inadequate municipal wastewater treatment capacity? If the answer is, "Wait until the community receives its allocation of federal construction grant funds," it could be a long and lonely wait. The problem needs little restatement. State and local governments have either already reached or are about to reach their statutory debt limits and can no longer be expected to issue debt for constructing major public facilities. Further, the $2.4 billion in Environmental Protection Agency construction grant monies allocated annually for 1982-1985 is far from sufficient to address the nation's overwhelming need for wastewater treatment facilities. As a matter of fact, the EPA has estimated that some 5,000 communi- ties require new or upgraded treatment plants. One solution to narrowing the Rap between wastewater capacity supply and demand is privatization. Stated simply, privatization is private sector financing, construc- tion, ownership, and/or operation of facilities typically financed, constructed, and operated by the public sector. While the privatization concept may be new to wastewater treatment, it is actually a familiar, workable, and proven approach to providing such services as gas, electricity, telephone, trash collection and auto inspection in numerous cities' and states across the nation. In Texas, in particular, private water companies are often the primary suppliers of water in some communi- ties and the supplementary suppliers in others. A properly structured privati- zation transaction is a public- private partnership that provides the business community with an investment opportunity and simul- taneously permits the public sector to leverage the benefits of that investment with a resultant reduc- tion in service or user fees. In a privatization transaction, a government entity takes advantage of the private sector's experience in financing, designing, construct- ing, and operating Large-scale facilities. On the other hand, the private tax -paying entity trades on the tax-exempt status of local government and can, depending on the specific project and method of capital formation, take advantage of several tax benefits, including investment and energy tax credits, deductibility of interest and accelerated depreciation for equipment and structures. The consumer, private industry, and government are all potential, beneficiaries of a privatization transaction. Builder andAssoclation Services/National Association of Homo Builders 16th and M Streets, N.W., Waehington. D.C. 20005 (800) 368.5242 (O17 In filling the local/state/ depreciation tax benefits federal funding void, a privati- (but not the investment tax zation transaction not only offers credit) upon sale of the an alternative means of capital facility by the municipality. ` formation, but often results in efficiencies in facility design, - The municipality designs and construction, and operation that constructs a wastewater are later reflected in reduced user treatment facility that is fees. operated by a private sector owner. The private concern The time and therefore costs can then take advantage of associated with construction of a all tax credits, including privatized facility may be reduced the investment tax credit. owing to minimal federal and state Lower operation costs are regulatory involvement. In addition, passed on to users. certain federal procurement proce- dures need not be honored. One - A private sector concern nationally prominent consultant finances, designs, builds and estimates that 20 percent or more operates a treatment plant of total project costs for publicly under the full-service or turn - funded facilities may be attributable key aproach. Construction and to regulatory compliance and the operation cost savings are inflationary effects of time delays. passed on to the user while the private concern realizes Operating efficiencies can the full range of available provide another source of cost tax benefits. savings. Private providers oper- ating multiple wastewater treatment Analyses of private wastewater facilities can, for example, achieve treatment facilities indicate that economies of scale through both the the full-service or turn -key approach sharing of resources among various for privatization can translate into treatment plants and hulk purchasing user fees equivalent to those cal - arrangements. Finally, privatization culated with a federal construction may cover 100 percent of all costs grant covering 35-60 percent of of facility development, whereas facility construction coats. the federal grants program provides for only a portion of eligible Regardless of which model costs. shapes the public-private financial transaction, there are a number of There is no single way to issues a municipality must address structure a privatization partner- before structuring a privatization ship as each privatization trans- transaction. First, a community action presents its own opportuni- must establish its wastewater ties and constraints that must treatment needs, generally based on i respond to the state/local develop- a five-year planning horizon. ment context and the private sector's Second and only after needs are tax liability and expected rate of carefully defined, a community must return. Three models, however, do select the appropriate treatment offer general guidance.in structuring technology, with consideration a privatization transaction. They given to the depreciable portion of are summarized as -follows: facility costs. The greater the share of equipment costs deemed - A local government designs eligible for depreciation, the and constructs a wastewater lower the user fees. treatment facility and enters into a traditional sale/lease- Third, a municipality must back agreement with a private determine which party will assume corporation or limited regulatory responsibility for partnership. The private meeting the effluent standards of concern becomes eligible for the National Pollutant Discharge ,017 Elimination System (NPDF.S) permit. The municipality must also consider how privatized service delivery will affect existing labor contracts. Finally, a community must become aware of and seek to amend state laws that can prohibit long-term private contracting. If the above issues can be satisfactorily resolved, a community can then begin to structure the privatization transaction - even before it approaches or is approached by a private provider. In structuring a transaction, a municipality must decide who will retain ownership of the facility, who will assume management responsibility, and what standards will be specified to insure proper system operation and maintenance. Despite local government's best efforts at structuring a work- able privatization transaction, there often remains one stumbling block that can undermine attempts to privatize service delivery. State and/or local service procure- ment procedures often require advertised bids. Stated briefly, the time involved in the bid pro- curement process can offset the savings made possible by privatiza- tion. If, however, states and localities can be educated on the benefits of privatized service delivery as representing the difference between cost-effective service provision and inadequate treatment capacity, then they might be willing either to waive long- established procurement rules or amend them to accommodate privati- zation agreements. In large measure, privatization of wastewater treatment facilities is still untested, although its proponents are growing. Nonethe- less, it is important to remember that the models described earlier are, in the words of one consultant, "simplifications of complex trans- actions which involve a degree of uncertainty. -In the structuring of a transaction, that uncertainty should he considered. The reasons are that many of the tax rules are not codified; related court cases and rulings are not wholly consistent." From private industrv's per- spective., the interest in privati- zation is growing. Investment houses, engineering firms and prnduct suppliers naturally see a market for their goods and services and, of course, a way to limit their tax liability and receive a fair return on their investment. In fact, it is not unusual for private concerns to approach local governments to review their waste- water treatment needs and costs. From the home building industry's perspective, privatization can mean an alternative source of wastewater treatment financing and possibly an end to the sewer moratoria that now impede much residential. expansion across the country. And certainly no one will complain about reduced user fees. In communities where privatization might be an option, the building industry is encouraged to enlist the support of local government decision -makers. Privatization is a partnership, and it needs the support of the building industry, government and private sector providers. Whether or not that partnership will work can only he determined on a case by case basis, but it is an avenue that may be well worth exploring. For additional,informatlpn on the topic reported in this issue of State and Local Journal, please call Carol E. Soble, Assistant Director, State and Local Govern- mental Affairs Department, NAHB, at (800) 358-5242, ext. 338. For further information on Infrastructure Financing and Privatization, the reader may want to consult the following references: "Alternative Sources of Municipal Development Capital: Tax Increment Financing and Revenue Bond Financing for Cities." Washington, D.C.: National League of Cities, 1979. Building Prosperity. Washington, D.C.: Municipal Finance Officers Association, 1983. Capital Financing Strategies. Washington, D.C.: International City Management Association, 1983. Creative Capital Financing for. State and Local Governments. Washington, D.C.: Municipal Finance Officers Association, 1983. Frazier, Mark, "Privatizing the City," in Policy Review, Vol. 12, Spring 1980. Herships, David, "Effects of the Reagan Administration's Economic Recovery Plan on the Credit Standing of State and Local Governments." Washington, D.C.: Merrill Lynch Pierce Fenner and Smith, Inc., 1981. Lamb, Robert and Stephen P. Rappaport, Municipal Bonds: The Comprehen, Poole, Robert W., Cutting Back City Hall. New York: Universe Books, 1980. Public Works Infrastructure: Policv Considerations for the 1980'x. r Office, 1 National Association of Home Builders 15th and M Streets, N.W. Washington, D.C. 20005 (202) 822-0200 or (800) 388-5242 to 17