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HomeMy WebLinkAbout1984-11-06 Info PacketCity of Iowa City MEMORANDUM DATE: October 26, 1984 TO: City Council FROM: City Manager RE: Informal Agendas and Meeting Schedule October 30 1984 Tuesday 6:00 - 8:30 P.M. Council Chambers 6:00 P.M. - Tour Heritage Manor Apartment Building, Court and South Dubuque 6:30 P.M. - Striping of parking lots 6:45 P.M. - Minimum Open Space Requirements 7:30 P.M. - Proposal for Parcel 64-1a development 8:00 P.M. - Videotape on fire extinguisher use 8:15 P.M. - Council time, Council committee reports 8:25 P.M. - Executive Session November 5 1984 Monday 6:30 - 8:30 P.M. Council Chambers 6:30 P.M. - 6:50 P.M. - Review zoning matters Recommendations from the Riverfront Commission 7:30 P.M. - Status of. Council Objectives for FY85 7:45 P.M. - Council agenda, Council time, Council committee reports 8:00 P.M. - Consider appointments to the Resources Conservation Commission and Mayor's Youth Employment Board 8:05 P.M. - Executive Session November 6 1984 Tuesday 7:30 P.M. - Regular Council Meeting - Council Chambers November 12 1984 Monday HOLIDAY - CITY OFFICES CLOSED November 13 1984 Tuesday_ NO INFORMAL COUNCIL MEETING November 15 1984 Thursday_ 2:30 P.M. - Annual City Council Goal Setting Session Holiday Inn - Iowa City, Johnson III Room 6:00 P.M. - Dinner - Holiday Inn r City Council October 26, 1984 Page 2 PENDING LIST Priority A: Leasing of Airport Land for Commercial Use Priority 8: Duty/Procedure Changes - Housing and Inspection Services Lower Ralston Creek Parcels - Use and Configuration Congregate Housing Development Alternatives Iowa Theater Type Problems Northside Lighting Project Report Housing Alternatives Energy Conservation Measures Funding Program Newspaper Vending Machines Meet with representatives of Clear Creek Investment Co., and First Capitol Development, Inc. Unrelated Roomers - Proposed Zoning Ordinance Amendment Kirkwood Avenue Signalization Study Recommendations from Urban Environment Ad Hoc Committee (Nov. 19) Priority C: Housing Inspection Funding Policy Willow Creek Park Sidewalk North Dodge/Old Dubuque Road Project Appointment to the Senior Center Commission - November 20, 1984 Appointments to the Resources Conservation Commission - November 20, 1984 Appointment to the Housing Commission - December 4, 1984 a�3 9 FETE— the Pros and Cons of Mandatory Dedication Bruce M. Kramer and James D. Mertes The rapid growth of many cities has resulted in a grave concern among calk and recreation professionals. developers. and concerned citizens for :he provision of present and fu- ture parklands. In some areas the lack of public funds for land acquisi• tion or the unwillingness of de- velopers to set aside adequate park. land acreage at the time of subdivi. sion platting has resulted in the loss of desirable acreage and the fore. closure of any future options for neighborhood parks or community green spaces. Rising land costs and the growing popularity of private community association operated recreation facilities have stiffened developer resistance to voluntary cooperation in providing public Space for parks and recreation. In the earliest legal cases involving mandatory dedication of land for public purposes. the privilege theory Predominated as the basis for regu. lation The rationale was as follows: the ability to subdivide and file a plat wiln a governmental body was a prr::iege and as such could be con• dleoned upon any reasonable basis. including the mandatory dedication Of land to the government. Another early reason for supporting manda. tor, dedication requirements at the lime of subdivision filing was the need to have identifiable parcels of lano for property tax assessments. Today the privilege theory is in dis• re.u:e. having been replaced by the ' 0's standard rationale that manila• :Of. cedlcauon and other subdivi• Sion controls are merely another form of police power regulation :-at affect land use. As with zoninc. there are outer limits on the exte-t to which one can control the sus• division process. but clearly with n those limits the governmental agency is free to control sub• divisions through such devices as mandatory dedication of land or!ie imposition of fees in lieu of land. While the early dedication atlemc:s were clearly limited to streets, man- datory dedication has recently been required for such diverse items as utility and alley easements. storm drainage. schools. parkland and other open space. and sewer sys• tems. With some minor excep:iors the ability of a local governmenta body to require mandatory dedic_ tion of land or in -lieu fees is unc.es• tioned if the state has authorizes that body to engage in subdivision controls. Despite the frequent cry of doub e taxation and confiscatory contrc these minimum requirements se•.a to protect both the community a -o future residents of the subdiwsic-. from the kinds of poorly plannec ce• velopments frequently found in non-regulated areas. The costs 'c, all such basic elements. which s,.b• stantially improve the value and marketability of the subdivision. are prorated among the developmen: lots. thus passing on to each nev. resident a modest share of the in tial cost of basic land allotment ane :ne raw land for basic future facilities such as schools and park sites The current municipal fiscal crisis. the taxpayer revolt. and the some. what paradoxical cry for more goy ernment services at less cost. have caused municipal leaders to seri• ously ponder their strategies for at. tempting to provide adequate park and open space lands for growing Populations. Although belief still exists in the philosophical precept that the provision of park and open space is a desirable and important function of government. the fiscal capability to purchase land in an often highly inflated land market has been drastically limited. For those communities which have relied on negotiated or voluntary parkland reservation at the time of plat ap. proval and registration. a critical shortage of funds has resulted in the loss of many options and oppor• tunities to actually purchase key tracts of park land. The present situation has led to an increases interest in the use of mancatory dedication as a strategy for securing needed park land in newly developing areas. Mandatory dedication is simply a statutory re- quirement of the subdivision platting ordinance. which allows the com- munity to require a subdivider to dedicate. in fee simple, an amount of land determined by the commu• nity planning standards. for public Park and recreational purposes. In situations where it is not feasible or destraole to secure a specific acre• age. an equivalent fee in lieu of land is paid as an acceptable alternative. urban land-april 79 3 a/ �ZiO f Role of Mandatory Dedication As mentioned, the process Of man- datory dedication takes place through the subdivision platting or- dinance. which in conjunction with the zoning ordinance regulates the subdivision and subsequent de- velopment Of raw land 10 protect the health. safety. and general welfare of the community. At the time a plat is presented to the planning commis- sion for review and approval. the re- quirements for basic public services and facilities to take care of the needs of future residents of the proposed subdivision are deter- mined. Municipal codes, plans. and related regulations are used as the basis for determining these re- quirements. The size. location, and character of these lands and specifi- cations for improvements are written in the ordinance and indicated on the preliminary versions of the plat. Some trade-offs may occur during the review process: however, at the time of final acceptance and plat registration. the public interest should be adequately considered, so that no Serious Omissions will result in substandard services. extra public costs. or a diminution of the quality of life for subdivision residents. Pros and Cons Persuasive arguments may be ad- vanced in support of or against the requirement of mandatory dedlca. tion of park land as a condition for securing approval and registration of a subdivision plat. Major parties Involved in this Issue are the local government representatives. land developers. and citizens of the community. Arguments in favor of or against this requirement are listed below for each involved party. Local Government Pros • Assures that local park and open space requirements are met at the time an area is plat- ted and that local government will not have to pay an exorbi- tant price for land either re- ' served or set aside by the de- veloper. • Allows for the joint location of park and school sites. • Allows the selection of appro- priate park land and the location of the park at the time streets are being laid out. • Protects the community from overly inflated land costs. • Encourages more efficient land Cases Upholding Dedication or Fee Requirements Billings Properties. Inc. V. Yel- lowstone County. 144 Mont. 25,394 P.2d 1821196411Montarlal. One -ninth of the Planed ares. ex- clusive of streets, avenWa. and hlgnways must be dedicated for Parks and playgrounds as a Condi- tion to subdivision plat approval. One-half of the dedication may be distributed In small plats of not less than one block in area throughout the subdivision. Larger parks on the ouler edge of fire area are required of the Other one-half. Location Cam. siona are made by the planning commission. The board of county commissioners may reduce. for good cause, the amount to be dedicated to not less than one-twellth of the area, exclue- ive of streets. avenues, and hign. ways. However, if the tract is less than 20 acres, the dedication re- 4 urban landlapril 79 quirement may be waived. The court interpreted the standard for waiver Id be the same "good cause show standard as for reduction, There is no In -lieu fee provision. Board of Education V. Surety oe- velopars, Inc.. 67111. 2d 197.347 N.E.2d 149119761 IlllmolsI. The court approved a requirement mat the developer donate land (amount not specified in opinion). contribute S50,000, and pay S200 per lot as each lot is sold, all for school construction. City of Colorado Springs V. Kirry Hawk Development Co., 154 Colo. $35,392 Pad 46711964) (Colorado). Dedication of 8 percent o1 the sub- division. less streets and alleys. for parks and schools was upheld, as well as provision for payment of a lee equal to 6 percent o1 the value of development strategies. such a$ ' clustering or planned unit de. 2 velopment. • Creates future value for the community In the same manner as other appropriate land de. velopment controls. ! Cons • Adds to the cost of develOPMent which will be transferred to the lot purchasers—the principal beneficiaries Of the dedication. • Causes the community to ex. pend funds to develop and maintain the park prior to the full ripening of the subdivisions tax base. • Communities with mandatory dedication ordinances may tend to relax standard techniques utilizing only this method of ac. quiring additional park land. • In considering total park land acquisition and development. newly developed areas are as- sured of having parks without the mandatory controis because of the ability to pay off new resi. dents. Developer Pros • Makes available strategically to. the land where dedication of the land was Impractical. Funds cob Acted in lieu of dedication were to be deposited In a saparale account 10 be used only for the acquisition of land for parks and SCh0011. Credit was given In an amount equal to such areas already developed. Collis v. City at Bloomington, 246 N,W.2d 19 (19761 (Minnesota). The statute provides that. as a gen. eral rule, an amount of land equal to 10 percent of the land proposed to be subdivided must be dedicated for public parks and playgrounds In the alternative. the subdivider may Choose to Contribute an amount of cash equal In value to Ine land re- qW red to be dedibaled, However, If the area involved is less than 30 acres, the city nos the option Of de- Oding wrather cash Of land may oe e = e= Cons Res; Pros tea. t - 'Ea: :ec. s:e •eac :or Evt• :ee: :ne :ec ,71 :.a. :a:ec neighborhood parks ..^icn enhance the salability of s oroperty. a ' ows Otherwise non. ..evalooable land to be effeC- .ell utilized as part of the park. arc open space acreage desig. odor a " sore cases. allows land ded. :a:ec for public park purposes .c be deducted from local real estate taxes. I Lowers basic development costs v:nen utilizing clustering and other innovative development :echniques. • Provides. where available :hrouoh local Ordinances. den. vty bonus incentives for gener- ous dedications. Cons a .owers the total number of lots :hat may be developed. a Increases the cost of subdivid. ing. which may not be fully re- couoed from increased lot orices. Resident Pros • Allows Immediate development of park land when the resident moves in. as opposed to waiting 00�aled. In any event, fees collected may only be used for the acquisition Of land for park and playground. Eas: Neck Estates. Lid. V. Luc -singer. 51 MISC. 2d 619.305 N v 5.20 922 (1969) (New York). An area representing 1.500 square fee: for each buildable plot must be dec:caled to the City for recreation. If its planning board determines the Proposed park area is impractical in sizeor that adequate facilities al- feAcy exist. it may charge a fee at the rale of 5195 per lot. As a third el- ternalwe. the board may require a combination of dedication and fee extraction. but the total may not ex. ceec the recreational requirement of the subdivision, Fees collected are CeOCsiled in a trust fund to be used cn[; for neighborhood parks and 0iagrounds in the ]own, including the ICOWs lion of more properly. often 5 or 10 years for a part :o be developed (d the land s ava,.able at all for develop enn • Avoids overcrowding of ex s: "Ig Parks. • Adds diversity. character. ap_ environmental integrity to :Ile neighborhood. Often-times Park . open space lands are otherwise non -developable floodplains. wooded areas hely or rugged land forms. or serve to protect critical ecological Processes. all of which may serve to enhance the natural- ness and livability of an area. • Increases property value of homes adjacent to or close by parks and open space lanes. Cons • Leads to high property taxes in order to support the gov- ernmental expenditures for Ire park. • In :ome cases undevelopaole land may not be desirable for specific park uses because of difficult terrain. location. pnysi. cal barriers, or limited access. Legal Aspects of Mandatory Dedication Judicial treatment of mandatory ceo- The court found the statute invalid 2S applied here, but upheld the gen. trial validity of the stalulory scheme. Fortson Investment Co. V. Oklahoma City. 179 Okla, 473.66 P.2d (1937) (Oklahomal. The Court upheld a requirement that 5 percent of the subdivision be ded- icated for "public purposes." In this we, the dedicated land had been utilized as a park. Homebudders Association of Greater Kansas City V. City of Kan. sas City, 555 S. W.2d 832 (1977) (Missouri). At least a acres per 100 living units or 9 percent of the merchantable land must be dedicated for park Purposes. When the percentage of merchantable land required will to- suit In a Iraq of less than 4 acres, the city may require the open space to be located on the periphery of Ine cation requirements varies from state to state. However. there have emerged two basic rationales for re- viewing these types of cases, one re- flected In the Walnut Creek decision of the California Supreme Court fine broad views and the other the Pioneer must decision of the Illinois Supreme Court (the narrow vfewl. In Associated Home Builders of Greater East Bay v. City of Walnut Creek. a Cal.3d 633. 94 Cal. Rpir. 630, 484 P.2d 606 (1971) (hereinafter cited as Walnut Creek). the Califor. nia Supreme Court gave sweeping approval of the open space and parkland dedication regulations of the city of Walnut Creek. In Walnut Creek the developers not only at- tacked the city ordinance under which they were required to dedi- cate park and recreational land (or pay in -lieu fees) but also the state statute which authorized the pas- sage of that Ordinance. The state statute authorized titles to require dedication of park and rec. reational land or pay in -lieu fees under certain conditions. Only If the local legislative body had adopted a recreational element to its general plan could the land, fees. or a com- bination be used for providing park subdivision. It the percentage of merchantable land indicates a par. cel of less than 2 acres or. in the opinion of the planning commission. will result in insurmountable hard- ship to the developer, the city may require a lee per planned housing unit in lieu of dedication. The amount of the lee is determined by multiplying the number of living units in the subdivision by Sao. then subtracting Credit for any land al. ready dedicated. Any lees collected are deposited with the city treasurer for the park and recreation acquisition or de- velopment trust fund. Such funds may be used by the parks and recre- ation department only for the ac• quisition. development, or tmprove- menl of a public park within the subdivision and up to vt mile from its periphery urban landlapril 79 5 I or recreational facilities to serve the Subdivision. The amount and loca. tion of the land to ce dedicated or the fees to be paid nad to bear a reasonable relationship to the use of Such facilities by subdivision in- habitants. Finally. file small subdivi- sion. 50 lots or lesscould not be lorded to dedicate land. although an in -lieu fee could be exacted. The city of Walnut Creek enacted an ordinance requiring the dedication of 21/2 acres of land for each 1.000 new residents. If no park was desig- nated for development on the city master plan within the confines of the subdivision or z. mile from it. the city would require the payment of a fee equal to the value of the land which would have otherwise been required t0 dedicate. Thus. if a sub- divider was requires to dedicate 21 z acres and his parcel was worth S5.000 per acre. he would have to pay an in -lieu fee of 512.500. One of Associated Home Builder's basic arguments was that unless the city could show that the need for additional park and recreation facilities was attributable solely to the increased population of the existing subdivision (as opposed to. Park locations are to be as desig- nated in Inc comprenensive plan or as determined by Inc Developer in conjunction with iris planning commt»ion. Jotted v. Village of Scarsdale. 18 N.Y. 2d 78. 218 N.E.2d 673. 221 111 2d 995 11966) INew York). This court upheld an imposition of a 5250 per jot lee to be Credited to a park fund for the benefit of the gen- eral community. Land purchased is to be suitable for perks or other rOC- reationalpurposes. Jordan v. Menomonee Falls. 28 Wil. 2d 608. 137 N.W.2d 442. app. dism'd 385 U.S.a (1965) (Wisconsin). School and park land dedication is provided for in this ordinance. The amount of land is determined on the buts of an amount equal in fair market value to 5200 per residential lot. If the planning commission dr termines dedication Is not feasible. it 6 urban land:apnl 79 future subdivisions). the mandatory, dedication requirements violated the due process cause. The cou•t re- jected that argument. while noting the important public purpose served in the preservation of open space and park land especially in ;ne met- ropolitan areas of California The court thus rejected the proffered ar- gument that mandatory aecication may be justified solely wnere pres- ent development increases the need for open space or recreation facilities to the extent that additional land for such facilities is required. Associated )nen tried to limit the dedication and in -lieu fee payments to situations where the facilities would primarily benefit the particu. lar subdivision. The court required only that there be a reasonable rela- tionship between the dedication or fee payment and the subdivisions own needs. It also indicated In a footnote that it would not overrule dedication or fee payment re•;utre- ments even if the money or land were to be used elsewhere in the community. Thus in the Walnut Creek decision. the California Supreme Court broadly upheld the right of a Com- munity to require dedication of land may instead require a fee equal in value to the required dedication The lea IS divided so that 5120 per lot is held in a non -lapsing fund for the behalf of the school district. while S80 per lot is placed in a simi. le fund for park and recreational area development. In either Cite Ilia money may only be used for immediate or future site acquisition or capital improvements. Krugholl v. Ciry, of Naperville. 68111. 2d 352.369 N.E.2d 692. all'd 369 N.E.2d 692 (19771 (Illinois). In this ease the Illinois Courts look a substantial Stop baCkwarOS from their position in Pioneer Trust. The City of Naperville enacted an oral - nonce requiring the dedication of land at the rate of 5.5 acres per 1.000 of ultimate population. The dedication requirement was also imposed for school sites. The School for park and recreational facilities or payment of m-heu fees under certain circumstances. All the City had to show was some reasonable relation. ship oetween the subdivision and the dedication re0wrements. and the ordinance would be upheld. In this case. the court clearly found that the 2i: acre per 1.000 popula- tion figure anc the payment of in. lieu fees based on the value of the land that would have been dedicated clearly fell within the parameters of discretion afforded the city. The In. lieu fee payments. made into a spe. cial fund for park and recreation facilities and tied to a mandatory planning requirement. also were suf. ficiently tied to the perceived public need to preserve Coen space so as to justify the dedication and fee requirements. In Pioneer Trus: and Savings Bank V. Village of Mount Prospect. 22111.2d 375.176 N.E.2d 799 11961) the Illinois Supreme Court was laced with a problem very sinker to that faced in Walnut Creek. In Pioneer Trust. the village had enacted an ordinance requiring that lands be dedicated for school and bark purposes at the rate of at least 1 acre for every 60 rest - dental building sites or family living population to be created by trio ae- velopmenl was to lie determined by a table Incorporated into the ordi- nan Ce which estimated the number of persons and age aistnoutlon of Children who will occupy the new liv- ing unit. The SUOCmcer has hit sp- oon at submitting his own demo- graphic study it he disagrees with the orainancs. In either event it lana dedication i3 impractical out to the small size or Ing nature at int avail- able lands. the ordinance provides for an In -lieu lee on the basis Of the lam market value of the land. dash contributions may at used only Ior land acquisition or life improvement of school grounds—not for con. struction of school buildings or rec. reational areas to serve the PamDu• lar development or subdivision The ordinance presumes a fair market value of $15.000 der We. although the developer may present lwdence Contesting the use of trial figure. :e tE or at least 'to acre for each t --•e of business or industrial build - :as . Here the developer was :e.rc asked to dedicate some 6.7 -.,es of land for a proposed Sub- : •::s.on of some 250 residential I its -e court devised a test to deter- - ne whether or not the subdivision :eoication requirements would meet ' -a due process claims of the de. .eioper. The test as stated is: "the I developer of a subdivision may be •equued to assume those costs ;mien are specifically and uniquely ' aanbutable to his activity and which mould otherwise be cast upon the :uollc. ' The key aspect of this test ::as the courts placing of the bur- { I :en of proof on the city, not on the i :arty attacking the validity of the or- nance. In Walnut Creek and most ::her subdivision litigation. the bur - 1 den of proof almost universally stays v:lth the party attacking the validity I I c' the legislative enactment. In fact :re courts often indulge in a pre- sumption of validity when it comes ':o land use enactments. But the z-oneer Trust case reverses the .sual handling of these cases. mak- ' ng the city show that the subdivi- sion necessitates the dedicated Tre dedication requirement applied to subdivisions both inside the City emus and within Pit miles of the :orcorale limits. T^e plaintiff in this case. under writ• ten protest. agreed to the dedication of a lot to the Naperville Park Die- :- :t. as well as the payment of c-3'.650 to the local school district for the purpose of acquiring land for a School site. Krugholl then brought Inn action challenging the manda- tory dedication requirement. There was no dispute by the plaintiff that the figures used by the City In terms of acreage requirement for park land Ana the School lot size nor the fair market value were anything but reA- SOnable. AS a matter of fact. the stale of Illinois sets a standard v:rereby local government should :viae a minimum of 10 acres of _i,c open space for each 1 Ago :e,sons within that urban area. land. rather than assummc the need due to total community develop- ment. Thus. the only way a vl;;age could utilize mandatory dedication for park or school land would be In the rare case of a subdivision that had the projected population to support this land. Likewise a de- veloper could tailor his sir DOivlsion density to fall below the level at which the city would recognize the expected population as sufficient to support either a new school or park. Role of the Park and Open Space Plan As a general rule. all applications of police power. including the regula- tion of subdivision development. should be In accordance with a comprehensive plan. Case lav: on mandatory dedication is msv-ctive in pointing out the requirement to set aside the land as well as me standards or criteria for determining 'where and "how muchto set aside. The amount and location of land to be allocated may be based on several factors. including the geographical size of the area or neighborhood. the projected oopu- lation density. the proximity o' other public parks. and the size fact Ity In this ease the court found that the required contributions of land or in - lieu monies were fairly proponloned to the needs for the new school and park facilities. Therefore. it again adopted the idea that the imposition of mandatory dedication for park and school land is not unconstilu• tional where such contributions are made due to development "uniquely attributable' to the proposed sub- division. The Case is simpler than Pioneer because there was no dis• puling the reasonableness of the mandatory dedication amount. As in the Pioneer case. the court does not deal with the Same Shilling 01 the burden of proof to the city to Show the uniqueness of the subdivision. although one can assume that Pioneer has been somewhat weakened in its imposition of that burden upon the local government body. Morns Community High School 0-5 criteria for what constitutes a nelgn. oornood park. Park olanning standards come into play at this point. For example. a polio; might be to have a neignbor- hood playheld within a'v-mile walk of all community residents A neich- oorhood playfield Is defined In terms of facilities such as playground equipment. tennis courts. basketball courts. sandboxes. open land for free play. and perhaps a small picnic area. Park standards are usually based on a land area per population density. and a specific service radius defined by distance and travel time. Facility standards deal with the space requirements for each facility to be Included in the park. As a gen. eral rule. most park departments use a policy guide for selecting location and a population per space standard for determining the actual acreage required. In addition. the policy may Include guidelines for delegating park land to particular uses. Prob- lems may occur when an arbitrary percentage figure is applied. i.e.. X percent of the net or gross land area of the plat either for single or multi- ple tracts. Developers may challenge this figure if the derivation Is not clearly illustrated in the plan. ,nor v. Morns Development Co.. 24 III. App. 2d 206.320 N.E.2d 37119741 dlhnoisl. An ordinance which applies Io planned unit developments requires dedication of land for school sites to Serve the immediate and future needs of the residents of the area. Payment of a fee in lieu of dedica• tion or a combination of the two i5 permitted. The formula for determin- ing the amount of land or fee is not given in the case. Cases Invalidating Dedication or Fee Requirements Admiral Development Corp. v. City of Mangano. 267 So. 2d 660119721 t Flondal. At least 5 percent of the gross area of the Subdivision was to be ded,• urban landiapril 79 7 ^ / i/a A selection of stratecles developed from a review of many subdivision ordinances is presented to provide guidance to, communities wishmc to update their park plans and revise their Subdivision ordinances. While some Of these strategies may appear extremely similar or even duplica- tive. they are mentioned merely to provide a range of examples to be analyzed when preparing draft ordl- nance language. Strategy A • Require a subdivider to set aside land for park purposes when the master plan shows that a park is required in the area. More than one plat may contribute to the total park land required. Land may be dedi- caled. reserved. donated. passed on as a gift. or the cash value of the land contributed to a special park land fund. • Distinguish between major and minor suodriisions. Minor -5 lots or less. no land required. Major—More than 5lots (15 acres or more) up to 3 percent of the gross area. with dedi- cated tract not less than one Caled for parks. Where the City council felt the area was too small for a park. it Could require a 1" Ox- IraCtion equal IO S percent Of the value of the area, undeveloped. Fees collected were to be hold In "prow and used by Ina my only for Ina purpose of acquiring parks and ret. ,motion areas. Location Of ins parks was to be recommended by the planning commission and approved by In$ city council. The ordinance was held to be an ultra WAS an. outside the authority granted by the city cnaner. Aunt Mock Ridge Estates v. Planning Commission of Town of Danbury, 160 Conn. 109.230 A.2d 45 (1967) (Connecticut). Park land was to be dedicated at a rate of not more than 4 percent at the total atea of the Subdivision, but not less than 10.000 square feet. If the planning commission dater - 8 urban land.aprll 79 acre to meet the criteria for parkland. Strategy B The planning board must require dedication of *Suitable and ade- quate open space for recreation. light. and air to serve the needs of the future occupants of the Subdivi- sion.' For single-family zones. 5 percent of the total tract must be dedicated. while 10 percent dedica- tion is required for all multi-lamily zones. These requirements may be satisfied through publicly- or private- ly -owned recreational areas in con. nection with cluster, lot averaoing. townhouse. and planned unit de- velopment provisions. so long as they equal or exceed the minimum required. If dedication is impractical. the de- veloper may pay a fee in lieu of died. ication equal to 5 percent of In - total assessed valuation Of the tract. Determination of impracticality is made by the planning board after taking into account size. topog- raphy. drainage. and other factors which indicate that dedication would adversely affect the SubdlVl- sion or Its residents. Money Col - mined the public interest would be better served without the land. it could instead require an in -lieu fee at the rate of S60 per lot. Any tees Collected were to be deposited in a special fund and used exclusively to acquire lend for parks and play- grounds for use by the whole town. The planning commission was to decide irthe ase proposed for ded- IcaliOn was appropriate for recre- atlon and looted so as'to fit in with the town -wide recreation plan. They could require that the park land be contiguous win open spaces of neighboring subdivisions. In any went the park was to be available and accessible to all residents of the subdivision. The ordinance was invalidated be- cause the m.deu fees were not 6m. Iled to benefit the particular subdivi- sion from which the fee was extracted. [acted Ihroucn in -lieu tees must be spent to purchase open space for the use and oenefit of that particular subdivision Strategy C Park space dedication by a resiclen. Ila[ suocrvicer is required and is be. lermmea by the following equations X = .004 (NDP) Where X = Local park space obligation N = Net acreage of residential land within subdivision 0- Potential density of residen- tial land within subdivision. expressed as dwelling units per net acre P - 3.1 if 'D" is 9 or less P = 2.0 if 'D" is more than 9 Once the local park Space obligation is determined. an advisory agency reviews the subdivision and poten- tial of existing neighborhood park facilities to determine how much Of that subdivision must actually be provided. If the subdivision contains more than SO lots. the subdivider must provide the space as deter. mmec by the advisory agency and pay park lees to make up the oil - City of Montgomery v. Crossfands Lane Co.. Inc.. 355 So.2d 363119781 IAlaosmal. A minimum of .018 acres per dwell. Ing unit was required to be dedi- cated for public Parks and play. grounds. Where dedication was im- practical as determined by IM Plan- ning board. a lee could be substi- tuted for dedication equal to Ina lair market value of the land which Otherwise would be dedicated. The Ieas were payable when the Subdivi- sion was 75 percent completed. The lees collected were to be plated in a special fund to be used Only for the acquisition of land for parks anWor recreation In the same neighborhood. The court found that Ine m -lieu lee requirement was not authorized by the city Charier. Coronado Development Co. v Car r of McPherson. 189 Kan. 174.368 ` Sir ^:e oelweerl the advisory determination and the total . _:ace obligation It the sir btllw• • ..:onla.ns 50 lots or less. the ;;car may provide and as de• ^.ep oy the advisory agency and _a payment to complete his Do. • cn or he may elect not to .:ae the Dark space and satisfy -.:ire 0 0119 2111 01 by payment of a lieu of dedication. • fees in lieu of dedication are a' 1n value to the local park _-=:a Obligationless any park dace actually provided and multi• • ed times the average per acre fair -a•ket value of all residential land •^.n the suodivision. These fees only be used for acquisition. a;ppmenl. or improvement of •,illi and recreational facilities. Strategy D -_-..cation of land for public open s-e.ce at a minimum of .018 acres s• Dwelling unit is required for all colvisions. Private open space for s -Ks and recreational purposes -a: be credited against the dedica- • •- requirement except for that :.• cn Is required by the zoning or. c -.ante. such as yards. court areas. 2: 5111962. iKansass _;:,Cation ICr parks was fed, red of I- .>.mounl of land equal to an a-c:ml determined by the planning ::­lm.sslon in the comprehensive I. up 10 10 percent Of Ins total s.::,v.s.on. II the area previously :isgnated as park land exceeds 10 _ a•:ent of the subdivtson. the entire a•aa so designated was to be used : arks However. It the area des• i sled Was less than 10 percent of .•e Subdivision, the developer was ..:ed.Cale that area, than pay a I.- of money so that both the Cecil .It on and payment equaled 10 per• :a^.t o1 the appraised value of the I•:. If there was no requirement for a Calk .n the area, the developer Was ay an amount equal to toper e, of the value of the subdivision. lees collected were placed in the -,quG Land Purchases and Im- :.emenl Fund. The fund was not .ivd only 10, the purchase 01 PalkS and setbacks. Ownership anc maintenance of the open space must be arranged by written a,­e- mens. Recorded covenants rul,ninc with the land in favor of future own- ers of subdivision property smuts restrict the use of the land t0 carR and recreational purposes Strategy E The planning commission. I is deems dedication impractical cue to size, location. or topography o: the land. may require donation of a sum equal to the fair market value C' the land to a fund for the acqutsi:icn of park facilities in the same neiccbor. hood. The fee is payable at the :Ime the subdivision is 75 percent completed. The planning commission r..ay •e• quire dedication of areas shoWn in the comprehensive plan as pro- posed parks. playgrounds. or schools. Compliance is manda:ory regardless of whether the SubCIvI- sion is to be developed immeciately or 1n stages. Even where such areas are not shown in the comprehensive plan. the commission may require dedication of suitable sites for schools and parks. The ordinance was invalidated on the ground that 1I was not au• ihonzed by the city charter. Duggan v. County of Cook. 60111. 2d 107.334 N.E.2d 406 11 97 51 (III1n01S1 A onetime contribution of 543.000 for construction of Schools was invalidated. Frank Ansuina Inc. v. City of Cranston. 107 R.I.63. 264 A.2d 910 (1970) (Rhode Island). In addition to land dedicated lot highway purposes. the developer WAS required to dedicate al least 7 percent of the land area Of the plat for recreational purposes. No Prov - Sion was made for payment of lees in lieu of dedication. Taking into consideration its adaptability 10 park purposes, land W8510 be chosen to fulfill the requirement on the basis of a preliminary site plan showing the enure platted area. Natural lea• IUreS Such as large trees. natural Strategy F In proposed amendments to •ts sub. Division regulations the city ',Ou1C require dedication of park land based upon the projected pepue- lion density for the proposes SuO- division and the minimum part standards factor of 5 acres Der I COC persons. Thus for single-lam' at. tached and detached. duplex anc mobile homes with 3.5 persons per unit. the subdivider would be re• quired to dedicate 762 square feet per unit. For multi•famdy dwelhnds with 2.5 persons per unit. 5:5 square feet per unit would be required. Sup* feel to approval by the City council. the su Ddivider may choose tc pay a fee in lieu of dedication based upon the fair market value of the Ia^d re• eWred for park facilities in a Sub• division area. The money must a used to buy or Improve land vilrin •: mile of the subdivision. Strategy G Dedication of park land 1s to be made at the rate of 2 acres per 1.000 persons projected to occupy the fully developed subdivision. At the sole Option of the city council. Day ment of fees in lieu of dedica:ron may be reauired'Of the developer. graves. water courses. and scenic points were to be Considered in the selection. The 7 percent requirement was held to be arbitrary on its lace. Gordon v. Vd189e of Wayne. 121 N.W.2d 823 11963) IMicn.ganl. A lee of S3.193.80 in lieu of dedica- tion of park land for two sub• dIVISIoOs in a 20 -acre tract. payable to a parkland acquisition fund, was invalidated because the vd1Sge lacked statutory authority to impose the fee. Gulest Associates. Inc. v. Town 01 Newburg, 25 Misc. 2d 1004.209 N.Y.S.2d 729(1960). aft 15 App. ON, 2d 815.225 N.Y.5.2d 538(19621 (New York). Up to 10 percent of the gross area of the subdivision, but not less than 3 acres, was required 10 be dedicated for Park land. 11 the Board of De• velopment round this requirement urban landlapr1179 9 a./ZIe out only it the proposed sub- division s prolected population is less than 2.500 persons. In -lieu fees are equal to the fair market value Of the raw land plus the proportionate Share of access costs that would have to be paid had the land been dedicated. Strategy H The purpose of the ordinance is to Provide developed park space within ' z mile Of every home. TO achieve that goal. a developer is required to dedicate 170 square feet of land suitable for parks and to pay a park development fee of $78 for each single-family dwelling unit. For mul. ti -family dwellings he must dedicate 85 square feet and pay a fee of 539 for each unit. Upon request by the developer. the city may accept cash in lieu of required land or accept land in lieu of the park development fee. These exactions must precede subdivision plat approval as well as approval of re -zoning to permit higher density residential use. Land and or fees obtained through man. datory dedication must be used for the development of parks for sub- division residents. Credit toward the impractical due to size. topography. or location. it could wholly Or par- mlly waive Ine dedication and im- bose a lee Instead. If dedication were wholly waived, the in -lieu fee was to be S5O per lot. If cedicadon were partially waived, the SSO per lot was to be reduced in an amount proportional IO the amount of land required 10 be dedicated with 10 percent of the gross arms to be subdwtdeo. In -lieu lees ware to to paid into a special fund for the future acquisition 01, or improve- ment 10. recreational facilities in the town, The ordinance was invalidated aecause the town lacked statutory authority to Impose the lee. Haugen v. Gleason. 226 Ore. 99.359 P.2d 108 11960) (Oregon). As a condition to subdivision plat approval. .015 acres for each lot had to be dedicated for parks. It dedlca-- lion were Impractical. the developer 10 urban landlaprd 79 required exaction is given for private recreational facilities which meet city standards. however. such credit may not exceed 80 percent of the total requirements of the development. Other ordinances utilize sliding scales based on population density. dwelling density. a combination of these considerations. or other park and open space considerations. Such a scale should provide a pro. portional increase in the required acreage as the number of dwelling units per net residential acre in. creases. The scale should reflect ac- tual acreage figures from existing subdivisions judged to be adequate in terms of the Standards or criteria for parks and open space. Many problems may be avoided by eSlab. lishing a minimum size for a de. velopment requiring land dedica. Lon. A gooc rule of thumb would be to use a lot coverage to lot size ratio from the zoning ordinance. starting with. for example. one development unit per 1 -acre lot or greater The scale could be adjusted upward on a multiple basis as the development lot size decreased to about 6.000 square feet. Land requirements for densities of ten units per acre or could pay a fee in lieu of dedication of 537.50 per lot. Funds collected could be used anywhere In ine county for acquisition of land for parks. The ordinance was invali• dated because the town lacked statutory authority to impose the fee. Kellar v. Upland. 155 Cal. App. 2d 631.318 P.2d 561 119571 (California). A S30 air lot lee to be placed in the Park and School Site Fund for ac• quisition of school and park sues anywhere in the city was invalidated as being beyond the city's authority under its charter and because the fund s use was not IimueO•t0 the subdivision from which it was extracted. Newport Budding Corp. v. City of Santa Ana, 210 Cal, App. 771.26 Cal, Rolf. 797 (1962) ICaldormal. The developer was requited to Pay 550 per fat into the Park and Firehouse Acquisition and Construct higner SnOuld be based on local ex. patience (The American Society at Plannin0 Officials. Report No. 266. February 1971 by Mary E. Brooks. entitled Mandatory Dedication of Lana or Pees•in-Lieu-01 Land for Parks and Scnools is an extremely useful technical reference for guia. ante in developing acreage requirements.) It is clear that finding the appropri. ate acreage requirement is by far an inexact science. Therefore a few guidelines may be helpful: • Select the minimum acreage needed. • Specify that the land be in one parcel or large enough parcels to be developed and maintained as park land. • Show the relationship of the minimum acreage t0 the policies. standards. and guidelines in the plan • Specify the location and charac• ter Of the dedicated land. • Be prepared to accept cash when it is not feasible or cesir• able to dedicate land. • Use a planning approach to the prorating of neighborhood park land among several subdivision plats. tion Fund. This fund was used to meet IMO MeeOS 01 the entire city. Since the money was not limned to the US* Of the particular subdivision. it was Meld to be in violation of me state s subdwismn map act. ' ReggS Homes InC v Dickerson. 179 N.T.S.2d 771 0958) INew yorkl Inclusion of park facilities in a pro- posed plat was required by the city. Payment of a fee of 550 per lot allo. cated to me Town Perk Fund was Neo required of the developer. The lee was invalidated. though the court said the park dedication was permissible. Ridgemonr development Co. v. East Detroit. 358 Mich. 387. 100 N.W,20 301119601 (Michigan). A reounemenl that [Me developer convey 1 lot Irom each subdivision to the city for park purposes was held invalid In the aosence of statutory autnonly. Par :a! Se flexible: consider flood - clams. wetlands. wet weather -os. waterfronts. etc. as hay. - -ark and open space value. Selecting the Appropriate Land a:I :antl Is appropriately suited - •: development purposes. It is --:ant at the onset to distinguish r;.een park Irecreatlonal) land and -:?n space (more natural types of c� Sometimes field -proven cetines may be used as a .�eCklist for evaluating land within a c• -Dosed plat. Park (Recreation) Land • Flat. dry. with well -drained un• rocky soils. • Frontage on a major street. thoroughfare. or beside a non• vehicular circulation system. • Located so as to be equally ac- cessible to all residents of the subdivision or neighborhood. • Potable water and sewers easily available. • Land which is square or rectangular in shape. not less than 1 acre. The land should be able to accommodate a variety of recreational activities. • At least 60 percent of the area is A;sen v. Village of Downers Grove. 19 w. 2d 446. 167 N.E.2d 230 (1960) ,1 10,51. 6::n park and school land dedica• a:h were required in this case. At ,east 1 acre for each 75 building s':os. but not less than 1 acre (Or 11:1 family living unit was man. :a:ed for parks. while land for 5C-ools wes required in an amount teemed necessary by the planning' ccmmisslon to establish facilities c:nvenlent to the proposed subdivi• s.cn. In lieu of park land dedication, :ne developer could pay a $325 per Ic: fee. For schools. the fee was set p, :he board of education In each case and was to be held in escrow :r the school district. s -e school land dedication and fee :rdv,eions were held invalid for leek C s:andards In determining a^ousts. The park land require• –S -IS had not been challenged, flat. well•dralned, and suite- a for development of sports I -etas Open Space (Natural Area) Land • Floodplalns. shorelines. we: - lands. wooded areas, rocky areas with steeper slopes a— diverse vegetation. • Aesthetic areas historic saes. cultural sites. etc. is Waterfalls. beaches. promo-- tories. etc. Language should be included !r the ordinance which requires the p•es- ervation of all irreplaceable ass: s. In the same vein the ordinance should restrict the removal of tries or the modification of grade un: I such time as the final plat is ap- proved. Adoption of this kind of tan- guage allows the community to ilea with lands other than park land which nevertheless may enhance the open space and environmental amenity values of the propose- su-• division. Preservation In this co^ter: may require additional manage—er.: actions. such as floodplain zon 1g, fee acquisition. Or historic and -e- sign district zoning 11 is important that these resources be identified and prolective action taken at re Santa Clare County Contractors and Homeowlders Association Y. City of Santa Clara, 232 Cal. App. 2d 564, 43 Cal. Rptr. 86 (1965) (California). A Ide of 525 for each dwelling or apartment unit for a total not 10 ex- ceed Slop for each !s acre was a condition for plat approval. In lieu of the lee. the developer Could dedi- cate an amount of land "suitable. satisfactory. and acceptable" to the city. All fees Cell•cted were to be deposited in Ins Capital Outlay Rec. rection Fund and used for the City's future recreational needs. The ordinance confleled with provisions of the state's Subdivision Map Act and also was invalid in that Ine funds were not restricted to the ,as of the contributing Subdivision. West Park Ave.. Inc.. v. Township of Ocean. 46 N.J. 122. 224 A.2d 1 119661 (New Jersey). time of plat design and review To Whom to Dedicate Para la^c deatcated through a man- camry ceelcahon procedure is usu- allc deccitied in fee simple a --solute to the community at the lime soecified. prior to final approval and reustra:mn of the plat. In some -n- star.ces the community may allow a bortior of the land to be aeoca:ed to a community association lith the provision gnat It be developed and mamtalneC as park land. Inacher• ence on the part of the association would result In reversion of rights to the community. If a private group holds title 10 the land. it may be used only by mem- Pers of the group. Developers who erbanlze community associations bear the responsibility for de'reloo- ,ng and maintaining their private park and recreational facilities. Park land dedicated to the general com- munity often may be developed with tecera' matching funds or Otner Dub - Ili: funcs not available to private groups Park Development II a community anticipates reowrmg a deveoper to dedicate parkland. In this case. the subdivider can. tracteo to pay 5300 per lot. payable upon compieted sale of each lot. to as placed in a trust fund for oapial improvements of the School System and additional school construction. The court held the agreement invalid as mere was no statute or ordinance authorizing such an arrangement. urban land;april 79 11 then :ne park should oe developed in lime for residents to enjoy when they move into the subdivision. The worst thing trial may happen is to have a subdivision develop around a fact of park land which has grown up in weeds. become unsightly. un• sate. or unusable. Many ordinances oronmrt a developer from dumping construction trash on the Unde- veldped park land. The municipal park and recreation director should time the development work to within 1 year after the municipal engineer releases the improvements per- formance bond. If initial funds are tigni. then grading. crass. and some basic playground equipment may be sufficient until the development Of me suodwislon Is assured. School -Park Land There are numerous opportunities for park departments and school districts to cooperate in lana acquS- pion activities. facility development. and program planning. The School - park concept Simply involves select• ing neighborhood. junior. and senior high school sites together with park sites. The combination provides for a larger block of open space with increased recreational opportunities. ULI Overseas Trip A Report GO i In many instances nature: park sites I adjacent to school land may be I useC for environmental ecu Cation as wen as interpretive programs If a , community adopts such a DOUCy. the joint ,ar.0 selection may Ce mane at the :'me of preliminary plat review Otte—times this is easier for :he de- velCcer to accommodate enc results in a much more desuaole suodivr sion layout. Bruce M Kramer is Professor of Law. Texas TeCri University School of Law. Lubdodk. James D. Mertes is Associate Professor and Chauperson. Depa•lment of Parr Administration and Landscape Arcr :ecture. Texas Tern U�wers :y. naso L.. ULI sponsored an overseas tour following the ULI Fall meeting In Jan rrancncu. .. •.... — --y— --•--- - and ran through November 9. visited Honolulu: Hong Kong: Singapore: Bah, Indonesia:.Ausfraha: and New Zealand. In most of the places visited. meetings were held with public officials. planners. and developers. zinc field tr,OS were conducled to projects of interest. ULI trustee and past president Roy Drachman was chairman of me hip and filed mrs reoort-Ed. �1 12 urban land april 79 City of Iowa City MEMORANDUM DATE: October 26, 1984 TO: City Council FROM: City Manager RE: Don Zuchelli's Scope of Services, Block 64-1A Attached is the Scope of Services which Don Zuchelli has prepared for development of a mixed-use project on Block 64-1A. This item is scheduled for discussion at the informal Council meeting of October 30, 1984. ?/ r/ ZUCHELLI, HUNTER &ASSOCIATES, INC. SCOPE OF SERVICES SUMMARY INTRODUCTION This Scope of Services details consulting services to be provided to Iowa City for the development of a mixed-use pro- jecE on Block 64-1A in downtown Iowa City. This proposed Scope of Services is intended to guide the City from initial feasibility analysis of the project to the identification of a development strategy. The proposed Scope of Services is divided into four major phases. The first phase, Project Programming, is designed to determine, through an analytical process, "the what" of the project. In this phase we will review existing data, conduct necessary interviews and complete market reconnaissance and site analysis activities in order to define a development pro- gram which is realistic from the standpoint of both site capa- city and market potential. The second phase of our work effort, feasibility analysis, will be to conduct a preliminary, but rigorous feasibility analysis to determine the cost and benefits'of the recommended development program. This phase endeavors to determine "the how" of the project. Based on our present knowledge of the site and environs, and the site analysis conducted in Phase I, ZHA's design department will prepare preliminary urban design concepts for the project. We will not prepare detailed architectural plans, but rather, define the major urban design characteristics of the project. Preliminary cost estimates as well as a financial feasibility analysis of the project will be prepared. The final task of this phase will be to analyze the development potential of the project. At this point, the City will be able to make an informed decision on whether to proceed with the project based on sound financial and design criteria. Phase III of this work program will be to evaluate alter- native development strategies available to the City in the redevelopment of this site. These alternatives will evaluate different levels of roles and responsibilities for the City including: development via a design competition; development through joint venture; single parcel land sales; subdivided land sales; land lease alternatives; sales lease -back develop- ment scenarios; and, other creative techniques available for "state-of-the-art" real estate development. In this process a/s/_i r7 n \ ZUCHELLI HUNTER &ASSOCIATES, INC. -2- the pros and cons of a public/private joint development of the site will be fully explored as compared to a public or private development of the site. The product of this phase will be to formulate a recommended land disposition and development stra- tegy. Budget and Schedule to of We anticipate that the Iowa City will be app telyt$18,000vfo[nPhasesI andvice$155000 i per phase for Phases II and III. This amount will include all I professional hours as well as travel and other reimbursable expenses. The final contract amount would depend on finaliza- tion of schedules, products, meeting requirements, etc. We have not, at the present time, estimated the cost of Phase IV. This could be handled on a per diem basis or, we could struc- ture a budget after ZHA's role has been more clearly defined. i Although we have not yet structured a detailed project sche- dule, we believe that we would require approximately three to four months of calendar time to complete the work activities described in an efficient momentum -conserving effort. Work Program The paragraphs below describe in more detail athe the specific tasks and work activities to be completed by in each phase of theprocess-oriented highly structured, p development potential of thrtonconsciouslyeexplorebel eve it offers the City the Opportunity mmarket nd site aximuma abenefit from oboth la design pand teconomic oreceive standpoint PHASE I: PROJECT PROGRAMMING Task 1: organizational Meetin After acceptance this asal for pe ssional services byowa, oganizationlmeetingandstrategy work session would be held between Iowa City and their autho- rized representatives and dsthe ZHAon wiconsultant team. The purpose of this meeting and ll be to: Farther discuss key issues and parameters which affect development of the site. a1sli � �1 ZUCHELLI, HUNTER &ASSOCIATES, INC. -3- Brief the consultant team on recent developments affecting the downtown, particularly areas of concern which have resulted since construction of the hotel. • Finalize project objectives including schedules, meeting dates, product formats, work activities and assignments for the project. Task 2: Meet With Design Review Committee At the outset of work, while gathering available data and meeting with Iowa City officials, ZHA will hold a special workshop session with the Iowa City design review committee and their authorized representatives. The purpose of this session will be to receive initial input on aesthetic and design goals and objectives from this committee. Existing trends, past experiences and potential new developments will be discussed as they relate to development of Block 64-1A. This meeting will ensure that the design objectives of the City are fully inte- grated into the development process. Task 3: Data Collection and Review ZHA, drawing on our extensive previous analytical and technical assignments in Iowa City, will evaluate and analyze all relevant data, studies and documents available regarding the redevelopment of Block 64-1A. This analysis will be con- ducted with respect to physical design and planning issues as well as economic development and market opportunities. The objective of this effort will be to integrate all previous work efforts relevant to development of the site into the study and to understand the market dynamics of the Iowa City economy. ZHA is already well up the learning curve with respect to the physical and economic environment of downtown Iowa City. Our previous design efforts on Parcel 64-1A and the new Holiday Inn site, as well as additional related assignments in the metropolitan area assure that this task will be completed effi- ciently and effectively. ZHA will review available market analyses of office, retail and parking opportunities in the downtown; the newly completed downtown parking study; detailed architectural drawings of the Holiday Inn, pedestrian mall and related adjacent physical improvements; other related planning documents including master plans, land use plans, utility site plans, etc.; demographic analyses depicting population, changes in population, income and spending patterns in the ZUCHELLI, HUNTER &ASSOCIATES, INC. -4- Iowa City area; and, other related and available background documentation. Task 4: Confidential Interviews ZHA will supplement our evaluation of existing avail- able data with a series of confidential interviews with promi- nent local public officials, private businesspersons, other Iowa City consultants (especially those who have recently com- pleted a downtown parking study), institutional officers, real - tors, leasing agents, developers, property owners and other parties knowledgeable and concerned with real estate develop- ment in Iowa City. Key local community and business leaders who are interested or instrumental in real estate development in the area will be consulted. Since we are already familiar with many of the market area's developers, design firms and real estate professionals, we are confident that we can sub- stantially improve our analysis through this activity. ZHA will rely on assistance from City officials and their authorized representatives to assist us in the identification of specific parties to be interviewed and arranging specific interview times and locations. In both the interview and data review process, ZHA will devote particular attention to under- standing and expanding upon the following matters: • Current and future assumptions regarding office and retail development opportunities in downtown Iowa City. • Urban design relationships from Block 64-1A to the Holiday Inn site, pedestrian mall, existing parking structure, as well as other important areas. • Relative benefits of alternative development programs, mixed-use development, improved parking facilities and existing and future trends in retail activity in the downtown. • Existing and projected parking patterns, including supply and demand characteristics. • Existing and future anticipated vehicular and pedes- trian circulation patterns in the downtown area. • Existing land values and the cost of required public improvements. C:,?/ 1/_/ L f'l ZUCHELLI, HUNTER & ASSOCIATES, INC. -5- Task 5: Market Reconnaissance Activities ZHA shall complete a review of the development poten- tial of various real estate markets in sufficient detail to program alternative development scenarios for the project. ZHA will specifically evaluate the market potential for Block 64-1A with respect to the following market segments: public as well as private office development; retail development; and, parking. The implication of mixed-use developments on these market seg- ments will also be examined. The key component of this market analysis will be to determine the timing and phasing of various market opportunities with respect to the Iowa City economy. In particular, ZHA will complete a technical analysis which projects future development potential in the following areas: • Office Develo ment--The nature and extent of poten- tia office development for Parcel 64-1A will be defined. Quantity, market segment and type of user will be identified. ZHA will update available data on occupancy rates, lease terms, current and future levels of market support, absorption characteristics, characteristics of existing competitive facilities and other factors essential in determining the market for additional office development at the site. Par- ticular• attention will be devoted to the condominium office market in Iowa City. Retail Develo n$nt--The development opportunity for edit ono retail development at the site in the near-term future will be evaluated. Shopping pat- terns in the downtown and surrounding competitive areas will be analyzed. Consumer spending patterns for various types of merchandise in the market area will be reviewed and analyzed with respect to trends and growth patterns for the last five years. The occupancy rates, lease terms and character and quan- tity of competitive facilities will be reviewed. Again, particular attention will be given to condo- minium -type retail facilities. Parking Demand--ZHA's market analysis of parking requirements on Block 64-1A will consist of two activities. ZHA will review all available studies and data concerning parking supply and demand in the downtown. Particular attention will be devoted to the newly completed consultant study. Also, ZHA L f� ZUCHELLI, HUNTER & ASSOCIATES, INC. S. will project the parking demand that will be genera- ted by development of Block 64-1A in both the near term and distant future. These two components will be used to identify the overall demand for parking that needs to be met on this development parcel. • Residential--ZHA will review the opportunity for long-term residential use of the site or portions of the site based on current and projected market condi- tions. Relevant sales prices, rent levels, market segments and supply and demand characteristics of housing in the downtown Iowa City marketplace will be assessed. Characteristics of existing competitive residential developments with respect to design, economic and other market factors will be evaluated. Rental as well as owner occupied condominium units will be reviewed. Task 6: Site and Urban Design Analysis ZHA will review the opportunities and constraints presented by development of the Block 64-1A site. This analy- sis will evaluate all physical characteristics relative to redevelopment including, but not limited to: development capacity; location and availability of required utility ser- vices; constraints imposed by existing road alignments and pedestrianways; topography and underlying soil conditions; relationships of surrounding buildings and structures, both existing and planned; traffic planning and circulation criteria; pedestrian flow and movement; relative capital improvement costs; engineering requirements; and other related factors. As appropriate, this analysis will also investigate constraints imposed by zoning, building codes, planning and design guide- lines and other design controls. Vehicular and pedestrian access and circulation will be analyzed with respect to compa- tibility with potential site development. The objective of this analysis will be to understand the potential of the exist- ing site and improvements with respect to implementing various development programs. Task 7: Opportunities and Constraints Analysis ZHA will prepare a technical memorandum summarizing the redevelopment opportunities and constraints presented by the existing site. This memorandum will be a summary of all relevant redevelopment factors, including but not limited to: site characteristics; market potential; political, economic and cl�/W ZUCHELLI, HUNTER & ASSOCIATES, INC. -7- social factors; impact of existing building; legal requirements; and other important issues identified by ZHA in Phase I of this assignment. Opportunities and constraints relevant to all types of development approaches (public, private, and public/private) will be reviewed. In summary, this technical product will be a presentation of the investigation completed by ZHA in Tasks 1 through 6. Task 8: Development Programming Subsequent to the analysis of existing site data and completion of the market reconnaissance activities, ZHA will recommend a development program or programs for Block 64-1A. These alternatives will specify: the development use or uses; market characteristics of those uses; magnitudes of overall site development; site configuration; and other factors rele- vant to public development of this site. This development program will be based on both economic and physical criteria and form the basis of additional design and feasibility work completed in the scope of services. Task 9: Checkpoint Review Session At the conclusion of the above work task, ZHA will present all findings and analysis of completed technical work to date to Iowa City and their authorized representatives. This review will specifically address a review of the existing data; results of market reconnaissance activities; opportuni- ties and constraints presented by the site and surrounding building; and the proposed development program recommended by ZHA. In addition to these findings, ZHA will present conclu- sions with respect to market strength, site opportunity and development potential. Following this meeting, ZHA will request concurrence from the City regarding the development program concept selected for further analysis. Upon receipt of this concurrence, ZHA will begin a technical feasibility analysis of the design, costs and financial implications of this proposed development program. PHASE II: FEASIBILITY ANALYSIS Task 10: Urban Design Concept In order - to accurately assess the physical implica- tions of the proposed development program, as well as realistic- ally evaluate development costs, ZHA will prepare a preliminary o?/ 0/ I'l n ZUCHELLI, HUNTER & ASSOCIATES, INC. Q➢ urban design concept. This urban design concept will be depicted with illustrative plans and sections sufficient to fully des- cribe the scale and character of the proposed development. The plan will depict: the general location of specific site functions; key relationships to existing downtown areas; the aesthestic affect of the proposed development on the down- town; pedestrian linkages to and from the site; important land- scaping concepts and features; vehicular and service access to site functions; and, other urban design criteria required to evaluate costs and establish key urban design relationships. This analysis will form the basis of the design competition. Task 11: Preliminary Development Costs ZHA will evaluate the preliminary development costs associated with constructing and developing the recommended development concept. The objective of this analysis will be to establish the relative costs of development in order to under- stand the overall development potential. Particular attention will be devoted to: building construction; vehicular access - way construction; maintenance of rights-of-way; construc- tion of potentially required public improvements, including pedestrian walkways, street furniture and infrastructure con- struction; and, all soft costs associated with the proposed development (financing fees, developer fees, construction interest, legal and design fees, etc.). The costs will be estimated using appropriate unit costs (square foot or cubic foot) for the particular types of construction and materials envisioned. These unit costs will be adjusted for economic conditions in the Iowa City marketplace. Construction costs will include all buildings, structures, landscape improvements, parking structures and required infrastructure. ZHA will work with Iowa City officials in determining the costs of improving utilities, roadways and other infrastructure. This development cost analysis will be done in sufficient detail to form the basis of a pro forma financial analysis and establish a budget for the proposed project. Task 12: Financial Feasibility Analysis Using the development cost estimates prepared above, ZHA will prepare a preliminary financial pro forma for the pre- ferred concept. The financial parameters evaluated by this pro forma analysis wil•1 include, but are not limited to the following: likely operating income and expenses; probable financing terms and consequent debt service; resultant levels aid/ \ ZUCHELLI, HUNTER & ASSOCIATES, INC. -9- of return anticipated with the investment; and, overall devel- opment costs. This analysis will be preliminary in nature and will be used to help determine whether the project will be a public, private or public/private type of redevelopment. This analysis will be prepared in sufficient detail to be used as a tool which displays the financial viability of the overall development concept to the City as well as the private sector development community. Sources and applications of fund statements as well as preliminary cash flow analyses will be prepared to identify all costs and revenues. Task 13: Identification of Funding Strategy Anticipated sources and amounts of funds required to undertake the project will be identified. The potential bene- fits to the City accruing from developing Block 64-1A will be examined, and compared to required public costs in the project (if any). In addition, under this task, ZHA will identify potentially available funding sources. Working with Iowa City officials, ZHA will investigate funding sources such as industrial revenue bonds; revenue bonds; CDBG Funds; grants and loans from government bodies; general obligation bonds; and, other potential sources of funds. Sources of private funding that may be available will be outlined as is appropriate. Equity syndications, participat- ing loans from lenders, leasehold financing, urban development action grants and other creative financing techniques will be reviewed. Task 14: Checkpoint Review Session:. Project Finalization Upon completion of the financial feasibility analysis and identification of a funding strategy, ZHA will meet with Iowa City and their authorized representatives to finalize the character of the proposed development project. ZHA will pre- sent its findings with respect to phasing, conceptual design, development cost estimation, pro forma financial analysis and funding strategy. The objective of this meeting will be to present a detailed feasibility analysis of the proposed pro- ject. At this checkpoint review session ZHA will present a technical memorandum summarizing the work activities described in •this phase. f l'l ^\ ZUCHELLI, HUNTER & ASSOCIATES, INC, -10- PHASE III: DEVELOPMENT STRATEGY Preliminary Identification of Task 15: Alternative Development Strategies Concurrent with the final task activities defined in Phase II of the work program, ZHA will begin the identification and definition of alternative processes to develop Block 64-1A. Dependent on: the urban design concepts developed; the scope; the development program; and, the development objectives deter- mined jointly by Iowa City and ZHA during Phase I and Phase II, several viable alternative development scenarios may be available for the development of this site. ZHA will review all potential development strategies and identify those strate- gies most suitable for the preferred development program and concept. These alternative strategies will be grouped and compared within the following categories: Private Development --Development of Block 64-1A as a total private deal will be investigated. In this scenario, the City will dispose of the site to a developer selected by a means that fulfills the objectives and legal requirements of the City. The advantages and disadvantages of this development scenario will be reviewed. Alternatives such as a one-time payment for land versus an installment land sales arrangement will be reviewed. The ability of the City to control the development in terms of architectural quality, urban design characteristics, development programming and other pertinent develop- ment characteristics will be reviewed. Public Development --The advantages and disadvantages of the City developing the site without involvement of the private sector will also be considered. In this development scenario several alternative arrange- ments are possible. The City may develop the property itself, may develop the property through a quasi -public non-profit development corporation or the City may use the services of a consultant or surrogate developer to assist in arranging and completing the required development activities. This development approach is more suitable in projects with major public compo- nents (i.e., parking structures, public amenity spaces) rather than those which are primarily private or commercial in nature (retail malls and office buildings). The specific advantages and disadvantages ZUCHELLI, HUNTER & ASSOCIATES, INC. -11- of this alternative with respect to the preferred development concept and program will be considered. Public/Private Partnership --The 'advantages and disad- vantages of a public private development arrangement will also be considered. In this scenario, the public becomes an active participant in the develop- ment process by assuming a portion of the risk asso- ciated with the development deal. Consequently, the return generated to the public sector may be greater than in either a public or private development scenario The specific attributes of this approach relevant to the confirmed preferred concept will be identified. Task 16: Design Competition ZHA will investigate the potential for employing a design competition to formulate a final architectural concept for Block 64-1A. ZHA will identify several alternative scenarios for conducting such a design competition and together with Iowa City officials, and their authorized representatives, will establish the parameters important in governing this design competition. In this process, ZHA will review all relevant criteria affecting the competition', including, but not limited to the following: duration of competition; competition require- ments; invited versus open competition; competition prizes; advertisement of the competition; drawing and other presenta- tion requirements; competition judging; competition schedule; definition of competition program requirements; and, other matters relevant to conducting a fair, expedient and productive architectural design competition. The purpose of this task is to establish a design competition approach which best suits the needs of the City through an objective and analyti- cally oriented process. Task 17: Application of Design Competition ZHA will review the potential for applying a design competition to each alternative development strategy identified in Task 15 of the work program. A design competition is more applicable to some development strategies than others. In this task, ZHA will review, in detail, the applicability of a design competition with the prime alternative development strategies being considered. The benefits, in terms of better control and improvement of the architectural and urban design, will be compared to the economic and other costs associated with a design competition approach. L ^� ZUCHELLI, HUNTER 8c ASSOCIATES, INC. -12- Task 18: Comparison of Alternative Development Strategies ZHA will prepare a technical memorandum summarizing the alternative development strategies for Block 64-1A of downtown Iowa City. This memorandum will devote particular attention to investigating the applicability of a design compe- tition to these alternative development strategies. It will convey a summary of ZHA's technical effort in Tasks 15, 16 and 17. As part of the methodology of this analytical process, ZHA will prepare a matrix comparison of the prime alternative development strategies. Checkpoint Review Session Task 19: Identify Development Strategy Following completion of the above work task, ZHA will meet with Iowa City officials, and their authorized representa- tives, to select a preferred alternative development strategy. At this meeting, ZHA will present the technical memorandum prepared in Task 18 above and will make recommendations regard- ing a preferred development strategy. Review of Development Strategy Task 20: With Development Community Before finalization of a development strategy, ZHA will review the preferred development concept and recommend a development strategy with selected potential developers of Block 64-1A. With assistance from Iowa City, ZHA will select several development entities knowledgeable of the Iowa City marketplace who specialize in the type of development being proposed. This task is intended to assess the interest of potential parties in the development project and to evaluate their willingness to participate in the development strategy which has been identified. This review will ensure that the identified project and process is marketable to the development community. Review of Development Strategy and Design Task 21: Competition with Potential Competition Entrants Before finalization of a development strategy, ZHA will review the preferred development concept, recommended development strategy and potential design competition with selected, interested design firms. With assistance from the City, ZHA will select several architectural and urban design firms knowledgeable with the Iowa City area and the type of �� ZUCHELLI, HUNTER &ASSOCIATES, INC. -13- project envisioned, who are interested in entering a design competition process. This task is intended to assess the interest of potential participants and refine the competition process. This review will ensure that the identified process has the maximum potential for success introducing a quality architectural design and urban environment. Task 22: Checkpoint Review -Confirm Development Strategy Following completion of review sessions with the development and design communities, ZHA will meet with Iowa City officials, and their authorized representatives, to final- ize all elements of a development strategy and design competi- tion processes. This meeting is envisioned as a workshop session in order to present new information, discuss refinements and alternatives and finalize the processes to be implemented in the development of the site. Subsequent to this meeting, ZHA will make any required changes to the recommended develop- ment strategy. PHASE IV -IMPLEMENTATION (UNFUNDED) Subsequent to the final zation of a development strategy, ZHA will be available to assist Iowa City in implementing the land disposition and development process and/or the design competition. ZHA will be able to further define its role in Phase IV of this Scope of Services after the preliminary deci- sions with respect to the development strategy and design competition have been made. 'VA/ City of Iowa City MEMORANDUM Date: October 26, 1984 To: City Council From: City Manager �--� Re: Parks and Recreation Review Because of the resignation of the Director of Parks and Recreation, this is an opportune time to review departmental operations. Two study committees will be created. One committee will consider the general functions of the department and the other will study maintenance of the Central Business District. Membership probably will include Parks and Recreation Commission members, knowledgeable citizens in the community and City staff. The general committee will study the operations of the department consid- ering whether the organizational structure, staffing levels and efficiency and effectiveness are adequate. In addition, the committee will determine whether appropriate functions are currently located in the Parks and Recreation Department or whether certain functions should be added or removed. The CBD Committee will develop recommendations for improving the level of maintenance in the Central Business District. The appearance of the area should be improved. There is too much debris remaining on the streets and sidewalks. In addition, improvements.are not adequately maintained. It is planned that both committees will be appointed by the City Manager. Recommendations will be submitted to the City Manager, and ultimately to the City Council, if appropriate. If you have any questions or comments, please contact me. /sp C,?/ a-- .Ity of Iowa City MEMORANDUM Date: October 26, 1984 To: City'Council From: Assistant City Manager p� Re: Council Tour of Heritage Manor Just a reminder that Council is scheduled to tour the Heritage Manor Apart- ment Building at 6:00 p.m. on October 30, 1984. This building is located on the southeast corner of Court and South Dubuque Streets. It was agreed that Council would meet at that location at 6:00 p.m. If you wish to come to the Civic Center first, I can arrange for transportation to the site at approximately 5:55 p.m. Please let me know on Monday if you wish to do this. bj5/1 0? l (1-3 Gity of Iowa City MEMORANDUM Date: October 26, 1984 To: City Council From: Assistant City Manager Re: Minimum Open Space Requirements The above -referenced subject has been scheduled for discussion at your informal meeting on October 30, 1984. Attached please find a copy of the portion of your October 2, 1984, minutes which summarizes your discussion of this issue at that meeting. In addition, also attached is a copy of materi- als relating to this issue, including a working draft of the ordinance. If you have questions or need additional information, please contact me. cc: Al Cassady Don Schmeiser Karin Franklin bj5/9 a1� Informal Council Discussion October 2, 1984 Informal Council Discussion: October 2, 1984, at 6:30 p.m. in the Conference Room at the Civic Center. Mayor John McDonald presiding. Councilmembers Present: McDonald, Baker, Ambrisco, Zuber, Dickson, Strait. Absent: Erdah . Staff Members Present: Berlin, Helling, Jansen, Karr, Franklin, Schmeiser, Showalter,Ha—Re-r—, ith. Tae Recorded: Reel 84-C72, Side 2, 39 -End; 84-C74, Side 1, All, Side 2, A Executive Session Moved by Ambrisco, seconded by Zuber, to adjourn to Executive Session 1) to discuss as a public employer, strategy regarding collective bargaining with City employee organizations; as such discussion is exempted from the provi- sions of chapter 28A according to chapter 20.17(3). 2) to discuss the purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. The minutes and the tape recording of a session closed under this paragraph shall be available for public examination when the transaction discussed is completed. 3) to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Affirmative roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the motion carried and adjourned to closed session, 6:30 P.M. Councilmember Dickson left the meeting for discussion of the first item, collective bargaining, and returned at 6:35 P.M. for discussion of the other two matters. Moved by Strait, seconded by Baker, to recess the Executive Session, return to open session, and reconvene if necessary to Executive Session later this evening. The Mayor declared the motion to recess carried unanimously, 6/0, Erdahl absent. Council returned to open session, 7:25 P.N. Minimum Open Space Planning staff Don Schmeiser and Karin Franklin, and Parks and •Recreation Dir. Dennis Showalter and Commission Chair Fred Riddle present for discus- sion. Berlin said that City has been split into districts according to present available open spaces and existing parks. In response to McDonald, Franklin said that City staff will decide whether individual developers must give land or pay a fee toward establishment of open space or both. Franklin said that neighborhood open spaces must meet minimum standards as specified in Showalter's September 28, 1984 memo. A flat play area must be provided. The open space should be a contiguous piece of land. The land is dedicated as public space. Franklin added that the proposal is based on adopting an amendment to the Comprehensive Plan'which would make the open space ordinance legally defensible. Zuber noted that Showalter's memo has minor mathematical errors. Zuber said that only a few districts are deficient in open space and he reviewed those that don't need immediate action because of the existence of excessive park land. McDonald said that the staff proposal must be acted upon in its entirety and not district by district. Zuber noted that overall the Parks and Recreation Report, is a good one. Franklin said in response to a comment made by Zuber that perhaps some provision should exist in case of rezoning effects on a district. Zuber and Baker discussed current and future population estimates. In response to Strait, Franklin explained the fee structure in Section 5B of the proposal. She said that the $110/250 square foot fee would provide funds to acquire open space at an average land cost of $19,000 per acre. In response to Strait, Franklin explained that a 20 acre development would cost the developer up to $9,000 for open space depending upon how much park land could be dedicated in the development. Land unusable for any purpose could be acceptable for park land at the discretion of the Council. Franklin said that the heart of developable land shouldn't be set aside for park land. In response -to Strait, Franklin said that ecologically fragile areas could be set aside for open space. In response to Baker, Franklin said that there are no site specific plans for locations of parks but general criteria for location is stated. Franklin said that the 2.3 occupancy rate/dwelling unit is based on national standards and is realistic for Iowa City. Franklin said that if an area has already been developed beyond 33%, open space would have to be developed. If an area meets the minimum open space requirement, additional land would not have to be dedicated even though the existing park is not in the ideal location. Franklin said that districts were drawn to avoid such problems where pos- sible. In response to Zuber, Franklin said that a policy needs to be formu- lated to decide if a district must continue to pay the $110 fee after it has surpassed the minimum open space requirement. Franklin said that the open space deficit is based on full development of the district so that an individual district won't be required to fulfill its entire minimum open space requirement until the district, itself is developed to the full pro- jected population. Berlin added that districts don't have to pay the fee once their need for park land is met because there is little legal basis for such payments if the areas don't benefit from the fees paid. Showalter noted that this proposal only creates neighborhood parks not city wide or community parks. In response to Ambrisco, Franklin said that this proposal does not include park land dedication in fully developed areas. Franklin went on to say that areas with an apparent excess of park land have large city wide parks as well as neighborhood parks. Zuber noted that by staff figures, the City is almost develop- ers300 acres short of aFranklin at some. have been included In the development of the park landproposal.Berlin said that although other cities use the mandatory park land dedication, the mechanics of this proposal are unique to Iowa City. Ambrisco said that the public should have a full opportunity to debate the proposal. Dickson said that the proposal is a plan for the future, much like buying an insurance policy. aH� The Council will continue discussion on the issues at a later informal Council meeting and decided not to return to Executive Session this evening. Moved by Dickson, seconded by Strait, to adjourn the Executive Session, previously recessed. The Mayor declared the motion carried unanimously, 6/0, Erdahl absent. (8:15 P.M.). New Liquor'Store in Iowa City Reel 84-C74, Side 1 McDonald stated that the City Council has the following options: 1) not take a formal position which would leave the 1978 City Council letter on record with the Iowa Beer and Liquor Control Department, 2) take a position stating that it is not a good idea to locate a liquor store in downtown Iowa City, or 3) take a neutral position stating that the Council will abide by the decision of the Iowa Beer and Liquor Control Department. McDonald said that he disagrees with a couple of the locations proposed and questions the long-term economics of locating a store in the downtown area. Zuber stated that action by the Council will have little affect on the Iowa Beer and Liquor Control Department, the decline of the University population and increase of the drinking age will have a tremendous affect on the profits of the liquor store, and parking problems will be created. Strait said it is incumbent upon the City Council to make a statement opposing a mini -liquor store in the downtown area. Melling reviewed the copy of the bid request and stated that the public hearing was held to determine the location of the liquor store within the boundaries of Madison, Gilbert, Jefferson and Burlington Street. Baker said that students surveyed in his classes were indifferent. He stated that the bigger problem is with the number of liquor licenses issued and the total number of bars located in the downtown area. Baker stated that he is not opposed to a liquor store downtown but is concerned about particular locations creating parking problems. Ambrisco stated the real problem is with the local bar specials (double bubble hours, two-for-one drink spe- cials), parking problems will be created, and the Council should send a letter to the Iowa Beer and Liquor Control Department to supersede the 1978 letter. Ambrisco said Iowa City may need another liquor store but not in -the downtown area. Dickson said a letter should be sent opposing a liquor store downtown. Berlin reported that he and the Police Chief do not see any benefit accrued to locating a liquor store downtown. McDonald stated a majority of Councilmembers favored sending a letter to the Iowa Beer and Liquor Control Commission stating that the downtown area is not the most desirable location for a new liquor store. Public input was received from Rev. Roy Wingate supporting the Council's decision to send a letter opposing the downtown location. Mrs. Frieda Hieronymous stated the Council should consider' a downtown location to allow people to purchase liquor without having to drive. First Capital Development Corporation Progress Report Reel 84-C74, Side I Ray Huston distributed copies of an October 2, 1984 economic development report. Huston noted factors that impact on Iowa City's economic develop- ment, including changing economic conditions, changing student population and aIvc/ parks & recreation department MEMO to. City Manager and City Council from. Dennis E. Showalter re: Minimum Open Space Requirements date: September 27, 1984 Material The attached material consists of four parts: 1. Memo with overview of Minimum Open Space Requirements (M.O.S.R.) 2. Memo to City Manager and City Council regarding calculations for M.O.S.R. 3. District Totals 4. The proposed M.O.S.R. Ordinance. Parks and Recreation and Planning staff will be at the informal session on October 2 with a map and supporting materials to present and explain the plan. DES/dh Attach. city of iowa city aiV-51- parks 8e recreation' MEMO department to•City Manager and City Council from. Dennis E. Showalter re:Overview of N.O.S.P. date: September 28, 1984 The neighborhood open space plan (NOSP) has been developed for the .following reasons: To study present and future needs for open space in the Iowa City community. To identify neighborhood districts in Iowa City which are deficient of public open space for residents. To assure that present and future neighborhood districts in Iowa City will contain sufficient public open space for the recreational pursuits of its residents. NOSP was developed under the premise that a neighborhood open space should be in a one-half mile radius (reasonable walking distance) of every citizen in the district and be approximately 2.5 acres per every 1,000 residents. Two -point -five acres per 1,000 residents is the standard figure for neigh- borhood parks (open space) as recommended by the National Recreation and ( Park Association. The open space should feature a lawn, picnic site, tree/shrub landscaped areas and play equipment for passive and active leisure activities. A play field of 200' by 200' minimum, with a slope not exceeding 5% (preferably under 20.) should also be included in such open spaces. The Neighborhood Park Service Areas identified in the 1978 Iowa City Com- prehensive Plan (page 101) provided the initial reference for the devel- opment of NOSP. The designation of districts and their boundaries on the NOSP were established according to present available open spaces and existing parks in each district and adjacent areas. In addition, the size and location of districts took into consideration'the land topography and the natural and constructed boundaries. It is also necessary to note that land located outside thecorporate City limits was excluded from the NOSP. Once the districts were established, the need for neighborhood open space was calculated. The calculation was derived from figures on the districts' gross acreage, current and projected population, undeveloped areas and existing open space. Districts 1, 2, 3, 5, 8, 9, 10, 12, 13 and 16 show a deficit of open space for neighborhood residents. DES/dh city of iowa city aV�4 parks & recreation department MEMO to.City Manager and City Council f rom:Dennis E. Showalter re:Minimum Open Space Requirements date . September 28, 1984 Attached are figures to support $110 per dwelling unit for the minimum open space requirements (M.O.S.R.) Ordinance. I have arrived at the figure by doing the following: 1. Calculating an average city-wide land value for undeveloped residential land, based on comparable sales of land greater than three acres in size. The average price per acre is $10,822. I have added a forty per cent inflation factor, since some of the sales are eight years old --this comes to $15,150.80 per acre. 2. Refer to the Summary of District Totals. We have a total projected population of undeveloped areas of 47,171, and by using the suggested figure of 2.5 acres of M.O.S.R. per 1,000 population, we need 96.72 acres of additional open space. The comprehensive plan suggests five acres of neighborhood park land per 1,000 population. The generally accepted standard figure as recommended by the National Recreation and Park Association is 2.5 acres per 1,000. It appears that this figure is adequate for the needs of Iowa City. The value of 96.72 acres at $15,150.80 per acre is $1,468,287. Divide this by the total population of undeveloped acres .13 by 243 people eper ldwelling ing lunit r=p571.60 per ldwelling tiply lunit. There are ten districts which show a deficit of open space, while seven have adequate existing open space. By averaging the cost of needed open space evenly over the ten districts which have a deficit, the cost of providing open space would be $110 per dwelling unit in these districts. There would not be any cost for new dwelling units in the seven districts which have adequate open space. 3. I have assumed that: a. Land will be developed at maximum density. b. The City will provide a new park for new residential developments when 25% to 33% of the potential dwell- ing units in the district are occupied. DES/dh city of iowa city 414 �i SUMMARY OF DISTRICT TOTALS 1. Total Gross Acreage 8,954 acres 2. Total Current Population 26,658 i 3. Total Undeveloped Acreage 4,025 acres 4. Total Project Population of Undeveloped 1 Areas 47,171 i 5. Denotes Number of Acres of Open Space i Needed for Each District 6. Denotes Existing Open Space in Each District 7. Total Open Space Deficit for All Districts 96.72 acres Public schools provide open space in some districts, but are not included in some (: calculations. This is consistent with N.R.P.A. standards used in the recommenda- tion of 2.5 acres neighborhood park land per 1,000 population. If public school grounds were included in calculation for open space, the national standard would be much higher than 2.5 acres per 1,000 population. i i a/�4 DISTRICT I 1. Gross Acreage 978 acres 2. Current Population 336 3. Undeveloped Acreage 668 acres 4. Projected Population of Undeveloped Area 7,682 668 (5) (2.3) = 7,682 5. Open Space Needed for District 20 acres 8,018 (.0025) = 20 acres 6. Existing Open Space in District .0- 7. Open Space Deficit for District 20 acres Comment: Camp Cardinal (22 acres) is not included because it is leased from Rotary Club --it is not centrally located. a/ V -'X DISTRICT II 1. ' Gross'Acreage 817 acres 2. i Current Population 402 3. Undeveloped Acreage 595 acres 4. Projected Population of Undeveloped Area 3,834 268 (5) (2.3) = 3,082 - 3,834 - 327 (1) (2.3) = 752 5. Open Space Needed for District 10.59 acres 3,834 + 402 = 4,236 (.0025) = 70.59 acres 6. Existing Open Space in District -0- 7. Open Space Deficit for District 10.59 acres Comment: If Hunter's Run develops as currently planned, the 10 acres which will be deeded to the City will satisfy requirements, although it is not centrally located. a a�� i i DISTRICT III 1. Gross Acreage 589 acres i2. Current Population 571 3. Undeveloped Acreage 305 acres 4. Projected Population of Undeveloped Area 3,659 283 (5) (2.3) = 3,254 = 3,659 22 (8) (2.3) = 405 S. Open Space Needed for District 10.57 acres 3,659 + 571 = 4,230 (.0025) = 10.57 acres 6. Existing Open Space in District -0- 7. Open Space Deficit for District 10.57 acres Comment: There is open space at West High School, which is centrally located. a�� DISTRICT IV 1. Gross Acreage 530 acres 2. Current Population 2,471 3. Undeveloped Acreage 148 acres 4. Projected Population of Undeveloped Area ' 874 RS -5 = 68 (5) (2.3) = 782 RS -8 = 5 (8) (2.3) = 92 874 5. Open Space Needed for District 8.36 acres 2,471 + 874 = 3,345 (.0025) = 8.36 acres 6. Existing Open Space in District 33.7 acres Willow Creek Park 27.2 acres Villa Park 6.5 acres �T acres 7. Excess Land Beyond National Standards for District 25.4 acres 33.7 - 8.3 = 25.4 acres Comment: There are 75 acres of CI -1 land in the area which could have dwelling units above first floor --it is unlikely that this will happen. a��s� DISTRICT V 1. Gross Acreage 393 acres 2. Current Population 3,972 3. Undeveloped Acreage 49.3 acres 4. Projected Population of Undeveloped Area 2,214 RS -5 = 14.8 (5) (2.3) = 161 RS -8 = 12.3 (8) (2.3) = 226 RM -44 = 16.5 (44) (2.3) =1,670 RM -12 = 5.7 (12) (2.3) = 157 2,214 S. Open Space Needed for District 15.46 acres 3,972 + 2,214 = 6,186 (.0025) = 15.46 acres 6. Existing Open Space in District 4.2 acres Brookland Park 3.8 acres Tower Court Park .4 acres 4.2 acres 7. Open Space Deficit for District 11.26 acres 15.46 - 4.2 - 11.26 acres Comment: The RM 44 area is currently under consideration for down zoning. a1f4 DISTRICT VI r 1. Gross Acreage 512 acres 2. Current Population 2,410 3. Undeveloped Acreage -0- 4. Projected Population of Undeveloped Area -0- 5. Open Space Needed for District 6.02 acres 2,410 (.0025) = 6.02 acres 6. Existing Open Space in District 111.3 acres Crandic Park 5.2 acres Black Springs Circle Park .9 City Park 105.2 1� acres 7. Excess Land Beyond National Standards in District 105.1 acres ai4W (" Comment: Terrill Mill is located in the extreme southeastern corner of the area. DISTRICT VII 1. Gross Acreage 626 acres 2. Current Population 477 3. Undeveloped Acreage 463 acres 4. Projected Population of Undeveloped Area 5,641 RS -8 = 46 (8) (2.3) = 846 RS -5 = 417 (5) (2.3) = 4,795 S. Open Space Needed for District 15.29 acres 477 + 5,641 = 6,118 (.0025) = 15.29 acres 6. Existing Open Space in District 17.6 acres Terrill Mill Park 17.6 acres 7. Excess Land Beyond National Standards for District 2.31 acres 17.6 - 15.29 = 2.31 acres (" Comment: Terrill Mill is located in the extreme southeastern corner of the area. DISTRICT VIII 1. Gross Acreage 303 acres 2. Projected Population 490 3. Undeveloped Acreage 126 acres 4. Projected Population of Undeveloped Area 3,091 RS -12 = 102 (12) (2.3) = 2,815 RS -5 = 24 (5) (2.3) = 3rO276 5. Open Space Needed for District 8.9 acres 490 + 3.091 = 3,581 (.0025) = 8.9 acres 6. Existing Open Space in District -0- 7. Open Space Deficit for District 8.9 acres Comment: Shimek School is centrally located and has open space. a/Y'7- DISTRICT IX 1. Gross Acreage 143 acres 2. Current Population 1,268 3. Undeveloped Acreage 23.1 acres DISTRICT X 1. Gross Acreage 341 acres 2. Current Population 385 3. Undeveloped Acreage 213.16 acres 4. Projected Population of Undeveloped Area 1,318 RS -5 = 90 (5) (2.3) = 1,035 RR -1 = 123 (1) (2.3)= 283 r1; 0 DISTRICT XI 1. Gross Acreage 687 acres 2. Current Population 1,513 3. Undeveloped Acreage 161 acres 4. Projected Population of Undeveloped Area 1,895 RS -5 = 129.7 (5) (2.3) = 1,491 RR -1 = 10.7 (1) (2.3) = 25 RS -8 = 20.6 (8) (2.3 = 379 1,895 5. Open Space Needed for District 8.5 acres 1,513 + 1,895 = 3,408 (.0025) = 8.5 acres 6. Existing Open Space in District 101.8 acres Hickory Hill Park 97.5 acres Happy Hollow Park 3.3 Reno Street Park 1.0 101.8 acres 7. Excess Land Beyond National Standards in District 93.3 acres 101.8 - 8.5 = 93.3 acres c I DISTRICT XII 1. Gross Acreage 526 acres 2. Current Population 82 3. Undeveloped Acreage 481 acres I n__ L ...... A A..n-i S S91 DISTRICT XIII 1. Gross Acreage 510 acres 2. Current Population 3,088 3. Undeveloped Acreage 69.4 acres 4. Projected Population of Undeveloped Area 798 69.4 (5) (2.3) = 798 5. Open Space Needed for District 9.7 acres 3,088 + 798 = 3,886 (.0025) = 9.7 acres 6. Existing Open Space in District 3.3 acres Pheasant Hill Park 3.3 acres 7. Open Space Deficit in District 6.4 acres 9.7 - 3.3 = 6.4 acres Continent: Lenme School's open space is not included. DISTRICT XIV 1. Gross Acreage 381 acres i 2. Current Population 2,788 j 3. Undeveloped Acreage 23.9 acres i 4. Projected Population of Undeveloped Area 275 23.9 (5) (2.3) = 275 5. Open Space Needed for District 7.6 acres 2,788 + 275 = 3,063 (.0025) = 7.6 acres 6. Existing Open Space in District 8.6 acres Court Hill Park 8.6 acres 7. Excess Land Beyond National Standards for District 1 acre 8.6 - 7.6 = 1 acre Al e� DISTRICT XV 1. Gross Acreage 366 acres 2. Current Population 1,571 3. Undeveloped Acreage 134.71 acres 4. Projected Population of Undeveloped Area 1,552 135 (5) (2.3) = 1,552 5. Open Space Needed for District 7.8 acres 1,571 + 1,552 = 3,123 (.0025) = 7.8 acres 6. Existing Open Space in District 27.1 acres Mercer Park 27.1 acres 7. Excess Land Beyond National Standards for 19.3 acres District Comment: Mercer Park doesn't really function as a park --it is more of a sports complex than a park. It is not centrally located. Consideration should be given to 5 acres of open space on the east side of the district. Open space does not include Southeast Jr. High School. i DISTRICT XVI_ 1. Gross Acreage 429 acres 2. Current Population 2,967 3. Undeveloped Acreage 155 acres 4. Projected Population of Undeveloped Area 1,782 155 (5) (2.3) = 1,782 5. Open Space Needed for District 11.87 acres 2,967 + 1,782 = 4,749 (.0025) = 11.87 acres 6. Existing Open Space in District 4.9 acres Fairmeadows Park 4.9 acres 7. Open Space Deficit for District 6.97 acres 11.87 - 4.9 = 6.97 acres Comment: Grant Wood School as an open space is not included. OmAx DISTRICT %VII 1. Gross Acreage 823 acres 2. Current Population 1,867 3. Undeveloped Acreage 410 acres 4. Projected Population of Undeveloped Area 6,759 RS -5 = 283 (5)•(2.3) = 3,254 RM = 127 (12) (2.3) = 3,505 6,159 acres S. Open Spaced Needed for District 21.5 acres 1,867 + 6,759 = 8,626 (.0025) = 21.5 acres 6. Existing Open Space in District 40 acres Napoleon Park 26 acres Wetherby Park 14 acres To acres 7. Excess Land Beyond National Standards for District 18.5 acres alv-�l ORDINANCE NO. AN ORDINANCE AMENDING A ORDINANCESOF THE CITY OF ESTABLISHING REGULATIONS OF OPEN SPACE. THE SUBDIVISION IOWA CITY, IOWA, FOR THE PROVISION BE IT ENACTED BY THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of this ordinance is to promote the health, safety and welfare of the residents of all new subdivisions through the provision of neighborhood open space. . SECTION II. IMPLEMENTATION. Neighborhood open spacesha a provided by the mandatary dedication of land in accordance with the "Neighborhood Open Space Plan", an amendment to the 1983 Comprehensive Plan Update, or payment of a fee in lieu thereof, in accordance with the formula set forth in Section V below. The dedication of open space or a payment of fee' in lieu thereof shall be at the discretion of the City as provided in Section IV. SECTION III. APPLICABILITY. This or mance sha appy to a new residen- tial subdivisions and large scale residen- tial developments. Any large scale residential development which has been previously subdivided and made, thereby, subject to these regulations shall not be required to dedicate land or pay a fee under the provisions of this ordinance. SECTION IV. DEDICATION OF OPEN SPACE. The procedure for determ n ng whether the subdivider will dedicate open space or pay a fee in lieu of dedication shall be as follows: (a) PRELIMINARY PLAT/PLAN FILING. At the time of filing a preliminary plat/plan for approval, the subdi- vider/developer shall, partof such filing, property is to be set aside for open space, or whether the subdivider/developer desires to pay a fee. If the reservation of land is preferred, the location of the proposed open space shall be desig- nated on the preliminary plat at a ratio of 2.5 acres of open space for 10/2/84 F• l s ''/`r7- Ordinance No. Page 2 l� each 1,000 residents anticipated. The number of future residents shall be calculated at a rate of 2.3 persons per dwelling unit based upon the density permitted in the zone. (b) COMMISSION REVIEW. At the time of filing of the preliminary plat/plan, the plat/plan shall be forwarded to the Parks and Recreation Commission for their review and recommendation with regard to the size and design of the proposed open space in accordance with the neighborhood open space plan. Within 30 days after receipt of a copy of the preliminary plat/plan, the Parks and Recreation Commission shall make its reconmenda- tion to the Planning and Zoning Commission. Failure of the Parks and Recreation Commission to make its recommendation within the 30 days shall in no way serve to delay, postpone, or reject the preliminary plat/plan and the requirement of a Parks and Recreation Commission's recommendation shall be waived. (c) CITY COUNCIL ACTION. At the time of preliminary plat approval, the City Council, upon recommendation by the Planning and Zoning. Commission, shall require as a part of such approval, reservation of land or commitment to the payment of a fee in lieu thereof, or a combination of both. Actual dedication of land and/or payment of a fee shall take place at such time as any or all of the preliminary plat/plan is finally platted7planned. (d) GUIDELINES FOR DEDICATION OF LAND OR PAYMENT OF FEES. The acceptability of land dedication or payment of fees or a combination of both, shall be determined by consideration of the following: (1) Conformance with the "Neighbor-. hood Open Space Plan" of the Iowa City Comprehensive Plan; (2) The configuration of the subdivision and its relationship to existing development and a��� Ordinance No. Page 3 other open space in the Open Space District, defined in the "Neighborhood Open Space Plan"; (3) Physical characteristics of the proposed open space including but not limited to the topogra- phy, geology, and drainageways within the open space; (4) Location and accessibility of proposed open space to the residents of the Open Space District. (5) The character and recreational needs of the Open Space District in which the subdivision or development is located. (e) Any dedication of land shall be conveyed by the subdivider/developer in fee absolute title by warranty deed to the City of Iowa City. Such land shall be free of liens, special assessments and other encumbrances, shall have all taxes paid and shall be in the same general condition upon conveyance as it was when the City initially agreed to its reservation. SECTION V. PAYMENT AND AMOUNT OF FEE. When it has been determined by the City Council, according to the procedures set forth in Section IV, that payment of a fee in lieu of dedication is appropriate for compliance with the open space require- ment, in whole or in part, for a given subdivision/development, the following shall apply: (a) The fee shall be used exclusively for immediate or future site acquisition and development and shall be used only for the purpose of providing neighborhood open space to serve the Open Space District in which the subdivision/development is located 1 and for which the fee is received. (b) In all cases the City Council, upon recommendation by the Planning and Zoning Commission, shall determine the amount of such fee at the time of the filing of the final plat/plan in accordance with the following: $110.00 shall be paid for every 250 square feet of open space in a subdivision or large scale residen- tial development. Two years from the date of adoption and bi-annually Ordinance No. Page 4 thereafter, the fee shall be amended by resolution to reflect changes in land costs, based upon the percentage change reflected in the revaluation of property carried out by the City Assessor. SECTION VI. DEVELOPMENT ANO/OR PURCHASE OF OPEN SPACE. At e time the__777 p atT%pp is approved, the City Council shall designate the time when development and/or purchase of neighborhood open space shall commence. In no case shall the City be obligated to develop open space in an Open Space District prior to the residen- tial development of one-third of the Open Space District. SECTION VII. LIMITATION ON USE OF FEES AND LAND. The land and fees received un er is ordinance shall be used only for the purpose of providing neighborhood open space to serve the Open Space District in which the subdivision or large scale residential development is located and for which land and/or fees were received, and the amount of fee or land shall bear a reasonable relationship to the use of the open space by the future inhabitants of the district. SECTION VIII. REPEALER: All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION IX. SEVERABILITY: If any section, provision or part of the Ordi- nance shall 'be ad -judged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION X. EFFECTIVE DATE: This Ordi- nance shall be Fn effect after its final passage, approval and publication as required by law. Passed and approved this MAYOR ATTEST: CITY CLERK Cg 14f4 -` ;ity of Iowa City" MEMORANDUM Date: October 26, 1984 To: City Council From: Assistant City Manager 0�t Re: Required Striping of Parking lots The above -referenced matter has been scheduled for discussion at your informal meeting on October 30, 1994. Consideration of this matter was deferred at your regular meeting on September 25, 1984. A copy of page 6 of the complete description of Council activities of that meeting is attached. Also attached is a copy of the ordinance which appeared on your agenda for first consideration on September 25 along with a copy of a September 5, 1984, memorandum from the Zoning Code Interpretation Panel which accompanied the ordinance in your packet. Please contact me if you have any questions regarding this matter. cc: Don Schmeiser Doug Boothroy bj5/6 4 ty Council Activities September 25, 1984 Page 6 Moved by Erdahl, seconded by Zuber, to adopt RES. 84-266, Bk. 84, p. 953, ORDERING PREPARATION OF FINAL PLAT AND SCHEDULE OF ASSESSMENT FOR THE TANGLEWOOD/VENTURA SPECIAL PAVING ASSESSMENT PROJECT. The Mayor declared the resolution adopted, 5/0/1, with the following division of roll call vote: Ayes: Ambrisco, Dickson, Erdahl, McDonald, Zuber. Nays: None. Abstaining: Baker. Absent: Strait. Moved by Ambrisco, seconded by Dickson, to adopt. RES. 84-267, Bk. 84, pp. 954-971, ADOPTING POLICIES AND A TRANSITION PLAN FOR STRUCTURAL CHANGES THAT WILL ASSURE ACCESSIBILITY OF CITY OF IOWA CITY PROGRAMS, ACTIVITIES, AND FACILITIES TO HANDICAPPED PERSONS. Affirmative 'roll call vote unanimous, 6/0, Strait absent. The Mayor declared the resolution adopted. Moved by Erdahl, seconded by Zuber, to defer idefinitely consideration of a resolution authorizing the Mayor to sign and the City Clerk to attest an amendment to the FY85 funding _agreement with the Mayor's Youth Employment Program redefining the employment status of the director. The Mayor declared the motion to defer carried unanimously, 6/0, Strait absent. Moved by Erdahl, seconded by Ambrisco, that items 21 thru 27 be consid- ered and voted on in one motion. The Mayor declared the motion carried unanimously, 6/0, Strait absent. Moved by Erdahl, seconded by Ambrisco, to adopt. RES. 84-268, Bk. 84, pp. 972-973, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT OF THE FY85 FUNDING AGREEMENT WITH THE MAYOR'S YOUTH EMPLOYMENT PROGRAM; RES. 84-269, Bk. 84, pp. 974-975, AUTHOR- IZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE FY85 FUNDING AGREEMENT WITH THE RAPE VICTIM ADVOCACY PROGRAM; RES. 84-270, Bk. 84, pp. 976-977, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT OF THE FY85 FUNDING AGREEMENT, WITH THE UNITED ACTION FOR YOUTH; RES. 94 -271, -Bk. 84, pp. 978-979, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT OF THE FY85 FUNDING AGREEMENT WITH THE DOMESTIC VIOLENCE PROJECT; RES. 84-272, Bk. 84, pp. 980-981, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT OF THE FY85 FUNDING AGREEMENT WITH THE IOWA CITY CRISIS INTERVENTION CENTER; RES. 84-273, Bk. 84, pp. 982-983, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT OF THE FY85 FUNDING AGREEMENT WITH THE ELDERLY SERVICES AGENCY; RES. 84-274, Bk. 84, pp. 984-985, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT OF -THE FY85 FUNDING AGREEMENT WITH THE WILLOW - CREEK NEIGHBORHOOD CENTER. Affirmative roll call vote unanimous, 6/0, Strait absent. The Mayor declared the resolutions adopted. Moved by Baker, seconded by Dickson, to defer the ordinance amending. Chapter 17 by revising the requirement far maintenance of public areas to include striping and marking of individual parking spaces. Baker requested wording be drafted to require hard surfaced parking lots, containing more than four parking spaces, be marked to indicate where the spaces are. Dickson and Erdahl agreed. Councilmembers McDonald, Zuber and Ambrisco stated they did not wish to pursue this matter. Councilmembers requested this matter be scheduled for informal discussion when Counciimember Strait returns. The Mayor declared the motion to defer carried, 6/0, Strait absent. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES OF IOWA CITY, IOWA, BY REVISING THE REQUIREMENTS FOR MAINTENANCE OF PUBLIC AREAS TO INCLUDE THE STRIPING AND MARKING OF INDIVIDUAL PARKING SPACES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. Section 17-7(v) of the Code of OrdTnances of the City of Iowa City, Iowa, is hereby repealed and substituted in its place is the new Section 17-7(v). (v) Maintenance of public areas. (1) Every owner or operator of a dwelling containing two (2) or more dwelling units or more than one rooming unit shall be responsible for maintaining, in a safe and sanitary condition, the shared public areas of the dwelling and premises thereof, unless there is a written agreement between the owner and occupant to the contrary. (2) Every owner or operator of a dwelling shall maintain the striping/marking of parking. spaces within off-street parking areas for such dwelling as required at the time of issuance of the building/occupancy permit for such dwelling by the off-street parking requirements of the Zoning Ordinance (Chapter 36 of the Code of Ordinances of the City of Iowa City). SECTION III. REPEALER: All ordinances and parts o ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION IV. SEVERABILITY: If any sect on, prov s on or part of the Ordi- nance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional, aiVs f Ordinance No. Page 2 SECTION V. EFFECTIVE GATE: This Ordi- nance sha De in a ect after its final passage, approval and publication as required by law. Passed and approved this City of Iowa City r - MEMORANDUM Date: September 5, 1984 PRELIMINARY To: File Subject to Approval From: Zoning Code Interpretation Panel Re: Section 36-58 - Striping and Maintenance of Striping for Parking Spaces The .Zoning Code Interpretation Panel met on August 31, 1984, to review a request submitted by the City Council questioning whether the Zoning Ordi- nance required the continued maintenance of striping for parking spaces after their delineation in parking areas. According to the introductory paragraph of Section 36-58, off-street parking requirements, it states that "off-street parking and stacking spaces, aisles and drives shall be provided and maintained (emphasis added) in compliance with the (requirements of the subject section)." According to subparagraph (c)(2)j of this section, "in all parking areas (which consist of more than four parking spaces) required by this Chapter, parking spaces shall be visibly delineated on the surface by painted or marked stripes." ' Visibil- ity," according to Webster's New Colle sate Dictionar , has the quality of being "apparent,.0 "conspicuous, or recognizab e. The Panel unanimously agreed that as long as parking spaces could be identi- fied, according to the stripes which delineate them, the conditions of the above subparagraph have been met. At such time as the nature of the stripes did not permit immediate identification of the parking spaces, the parking area will be in noncompliance with the provisions of the Zoning Ordinance. The owner of the parking area would then be responsible for bringing it into compliance to avoid penalty according to the terms of the ordinance. /sp .2/qs .city of Iowa City MEMORANDUM Date: October 24, 1984 To: City ((M}} r� nd Members From: DonSthme Director ,SJim Henci , CDBG Progra Re: Mortgage Revenue Bonds of City Council m of Planning and Program Development Coordinator Earlier this year the City Council expressed an interest in issuing mortgage revenue bonds (MRB's) as a means of increasing housing affordability in Iowa City. Until the recent enactment of the Tax Reform Act of 1984, the City's authority to issue MRB's was in question since that authority had lapsed last December 31. The Tax Reform Act of 1984 has now extended MRB authority to December 31, 1987. Similar to industrial revenue bonds for multi -family rental housing projects, MRB's are tax-exempt and thus provide mortgages at below-market rates. Because of the "subsidy" that is provided, the use of such bond proceeds is limited by federal law to buyers who have not been homeowners within the prior three years (generally, first time home buyers). Income restrictions may be imposed by the bond issuer (a state or local government), but limits must be placed on the maximum purchase price of a home. Repayments of the mortgages are pledged to pay debt service on the bonds. State Program The State of Iowa has been quite active in the area of MRB's since 1977. Last month the Iowa Housing Finance Authority (IHFA) issued $200 million in bonds which will provide 30 -year fixed rate loans at 10.98%. Purchase prices are limited to $77,110 for new homes and $56,320 for existing homes; at least 50% of the bond proceeds must be used for new homes. Mortgage Credit Certificates The Tax Reform Act of 1904 authorized for the first time the issuance of mortgage credit certificates. Under this provision, state and local govern- ments could chose to issue mortgage credit certificates instead of mortgage revenue bonds to benefit first time home buyers. Certificates would be issued for borrowers to obtain a non-refundable federal income tax credit of 10-50% of their annual mortgage interest. The level of tax credit would be determined by the issuer of the certificates. According to recent information, the Internal Revenue Service has not yet published regulations to implement the mortgage credit certificate program. However, its use should begin in 1985. a/440 Housing Affordability Study For the past few months, the Department of Planning and Program Development has had a graduate intern from the U.I. Urban and Regional Planning program working on a study of housing affordability in Iowa City. One of the alternatives which is identified in the study as an action that may be taken to reduce housing costs is the issuance of mortgage revenue bonds. When the study is completed next month, the City Council may wish staff to further investigate MRB's along with the other specific alternatives suggested by the study. At present, however, the IHFA's program seems to be addressing the need for lower interest rate mortgages for moderate income, first time home buyers. jh/sp a/� ".ity of Iowa City MEMORANDUM Date: October 26, 1984 To: Memb "s of ty Council From: Dan • r, Director of Planning & Program Development Jim Hen i , COBG Program Coordinator Re: Public Hearing on Recommended 1985 CDBG Program The Committee on Community Needs has finalized its recommendations to the City Council on the use of Community Development Block Grant (CDBG) funds in 1985. These recommendations, made at the October 23 CCN meeting, are listed on Attachment A. Note that CCN recommended 12 proj000 .ects plus general program administration raand a which theCity$ receiivved forcurrent Thatamount mp resents thesame level of funding program year. Also, Attachment B provides the City Council with a full listing of 1985 funding requests which CCN received between September 18 and October 2. Attachment 8 shows the priority votes (high, medium, low) of the ten CCN members present on October 23, the total points assigned to their priorities, and the project rankings (1A-18) based on the points received (111" being highest; ties indicated by, "A", "B", etc.). More detailed information on all funding requests and CCN s recommendations will be sent to the City Council on November 2. In order to meet the December 1 deadline for submission of the 1985 Program Statement (grant application) . to HUD, a public hearing on the recommended program and budget has been set for November 6. The City Council will be requested to adopt a final program and budget at the November 20 formal Council meeting. Attachments bj4/11 Attachment A 1985 COBG FUNDING RECOMMENDATION COMMITTEE ON COMMUNITY NEEDS 10-26-84 Recommended Project or Activity Allocation Miller/Orchard Neighborhood Park Acquisition - Additional Funding $ 60,000 Community Support Services Addition - Mid -Eastern Iowa Community Mental Health Center 100,000 Consolidated Services Facility for MECCA 100,000 Creekside Neighborhood Sidewalk Project 23,200 Goodwill Industries Renovation 100,000 Housing Modifications for Low -Moderate Income Frail Elderly - Elderly Services Agency Project 2,500 Housing Rehabilitation and Weatherization 180,000 Improved Handicapped Accessibility to Mark IV/Willow- creek Neighborhood Center 3,500 Iowa City Women's Transit Authority 2,270 North Market Square Handicapped Play Area 3,000 Shared Housing 15,000 Transportation Van for Handicare Program 13,350 General Program Administration 108,009 Contingency 25 171 03!€ Total 66 a111-7 i ff� I, ATTACHMENT B 1 • 1985 CDBG FUNDING REQUESTS 10/23/84 UMT PR OR FIHLL PROJECT REQUESTED BENEFIT COtMENTSED H M L DIAL PROJECT 3) (2) (1) DINTS RANK • Miller/Orchard Neighborhood Park $•60,0DO LOW/Rod. Income (55-655) On 9/18/B4, CCN recommended that an — Acquisition addle $60,000 be allocated toward i 1 this protect with the condition that 6 3 1 25 5 I Council match this Increased allocation with local funds. ' City Park Accessibility Project $ 35,000 Low/Mod. Income (60S) This This proposal requests funds to build free-standing, (1005) a accessible restroom in Upper City Park. This need was • Identified by the City's Section 504 2 4 4 18 11 Compliance Committee. AdditionCommunity Support Services (Mid -Eastern lova $227,000 Low/Mod. Income (62i) This proposal has been modified to Community Community Mental Health purchase the property adjacent to the ' Center) Mental Health Center at 507 East College 2 5 3 19 9A Street. (See 10-11-84 letter from Verne • Kelley.) Ser eltes Facility (United i ..•Consolidated Human $275,000 Low/Hod. Income (675). United May, on behalf of 12 agencies, 1s requesting funds to purchase a 12,000 sq, ft. structure In the downtown area In 2 1 7 15 14A • order to provide consolidated, • centralized services to clients. Consolidated Services Fac111 ty (MECCA) $IDO,ODO Low/Hod. Income (99.35) MECCA requests assistance to consolidate Itsoperation in•a new 12,000 sq, ft. facility. The program Is currently 5 4 1 24 6A operating from two locations. ki V I Creath Creeks] Project Goodwll Renovat Housing Low/Mock Frail E1 Servicm Housing and Weal Improved Accessl6 Wlllowcr Center Iowa Cl Authors Longfel' Equlp.ei Miller/1 Developo M1norltl Request North Na Handicap Property Clearanc Ralston) Creeksldi wi, Selo Shan Spruc Sewer Trans, (Hand Genen Admini p : TOTAL TOTAL v. .Aty of Iowa City ^ MEMORANDUM Date: October 26, 1984 To: City Council From: Karin Franklin, Senior Planner(/ Re: Referrals to Planning and Zoning Commission The Planning and Zoning Commission discussed at its October 18 meeting the scheduling of referrals from the City Council. The discussion was instigated by the referrals for consideration of Zoning Ordinance amendments regarding special exceptions to modify yard requirements, side yards in the CB -2 zone, and maximum building coverage in rear yards. The Commission is currently dealing with a difficult rezoning problem on the west side and major revisions to the sign regulations. These items have top priority on the Commission's agenda; the rezoning item has been a lengthy process which, in fairness to all parties, must be brought to a close soon, and the sign regulations are scheduled for adoption by March, 1985 according to the Council's goals. The Commission resolved to pursue these items as expeditiously as possible and to consider all other Council referrals after these items are completed and in the order in which they are sent to the Commission. If the Council wishes to place a priority on one referral over another, please indicate that priority to the Commission. bj4/10 cc Planning & Zoning Commission o2i10 I,Ity of Iowa City^ ' MEMORANDUM Date: October 26, 1984 To: City Council From: Karin Franklin, Senior Planner Re: Powers to Enforce Design Review Committee Recommendations - Council Referral The City Council receives design review recommendations from the Design Review Committee for urban renewal property, industrial revenue bonded pro- jects., and projects adjacent to and extending into the City Plaza. For urban renewal and industrial revenue bond projects, the City Council can require specific design review considerations to be incorporated into a project by inserting specific provisions into the urban renewal contract or the industrial revenue bond documents. For the use of City Plaza, the City has minimal power to enforce design considerations upon those buildings fronting or adjacent to the City Plaza. At this time, the City can only request"courtesy" review of projects which front the City Plaza. For any intrusions into or onto the City Plaza, the Design Review Committee is required to review the ' intrusion and make a recommendation to the City Council as per Chapter 9.1 of the Municipal Code. The Council may then choose to accept or reject the recommendation. Revisions to Chapter 9.1 are currently being drafted to require design review and approval of any facade changes to buildings fronting or adjacent -to the City Plaza. These provisions would expand the design review and approval powers of both the Design Review Committee and the City Council. bj2/5 C�lfi MINUTES OF STAFF MEETING October 17, 1984 Items for the agenda of October 23, 1984, will include: Setting public hearings on November 6, 1984, for: a. Ordinance to extend grace period for compliance with provisions relating to roomers b. Ordinance to rezone property between runways 30 and 35 c. Ordinance to rezone 6.3 acres south of Highway 1 West d. Ordinance to vacate a portion of Grove Street right-of-way e. Resolution to dispose of a portion of an alley in Block 15, County Seat Addition Public hearing on an ordinance to rezone property at 209 Myrtle Avenue Public hearing on an application to amend sign regulations for CB -2 Zone Public hearing to rezone 1220 and 1228 Third Avenue Resolution approving preliminary and final LSNRD for R -Plaza, Phase two Resolution approving preliminary and final LSNRD for BDI, Lot 2 Resolution approving preliminary and final plat of Amhurst Subdivision Ordinance vacating a portion of Mormon Trek Boulevard right-of-way Ordinance adopting zoning regulations for the area surrounding the Municipal Airport (second consideration) Set public hearing on proposed program statement of objectives and projected uses of 1985 CDBG funds Public hearing on lease of Union Bus Depot. Public hearing to amend boundaries of Parcel 65-2a Appointment to Riverfront Commission Second reading of ordinance amending Chapter 18-32(d) (2) of the Code of Ordinances Second reading of ordinance amending size of dance floors The Finance Director complimented the staff for completing budgets on schedule. She advised that the CIP budget review is scheduled for Friday at the Public Library. All department heads are encouraged to participate in this reivew. The projects will be prioritized at the end of the review and the staff will then be looking at financial resources for the projects. The Finance Director advised of an award which will be presented to the City for effective budget presentation. This award is from the Government Finance Officers Association. Iowa City is one of the first 19 municipalities in the United States and Canada to receive this award. A/6-0 The City Manager advised that he would like to have a small group of department heads to work on the problem of where to lease additional office space. Even if plans move ahead to expand the Civic Center, it will be from two to three ill be accomplished. We will have to come up with interim years before this w space outside of the Civic Center. There are two services in the Civic Center which might be moved elsewhere - the Legal Department and the Engineering Division. The Legal Department, Public Works Department, Finance Department and Housing and Inspection Services should participate in this review along with the City Manager. Lorraine was asked to set up a meeting. The City Manager noted that the meeting with the City Councilanddepartment heads regarding goal setting was quite a lengthy meeting.suggested would be worthwhile for the staff to review content and method of presentation. The Human Relations Director advised that a class on presentations will be held next week. The City Manager advised that the Charter Review commission will be sending to all department and division heads a copy of the charter for review and would like to receive any comments. A copy of the charter along with a cover letter will be sent to certain groups and organizations in Iowa City also asking for comments. This is done every ten years. The Commission is focusing on three major issues: (1) initiative and referendum; (2) guidelines for campaign contributions; and (3) districts. Prepared by: Lorraine Saeger MINUTES OF STAFF MEETING October 24, 1984 Copies of the referrals from the informal and formal Council meetings were distributed to the staff for review and discussion (copy attached). The Assistant City Manager announced that on November 7 the staff meeting will be held at 8:30 A.M. rather than 10:00 A.M. since both he and the City Manager will be out of the building attending a meeting later in the morning. The Assistant City Manager also advised that negotiations with AFSCME will begin next week and asked if any department or division heads would be interested in participating in this process. Staff is to notify the Assistant City Manager by the end of the week if they are interested in attending these sessions. The City Manager announced an award received by the Parks and Recreation Department for the SPI Program. The Iowa City program was nominated by the owner of Fin and Feather. The National Sporting Goods Association and the National Recreation and Parks Association jointly sponsor this program. The selection of the SPI Program for the Gold Medal Award was announced at a meeting in Florida attended by the Recreation Superintendent. Prepared by: Lorraine Saeger a, /SO Informal C October 22 Council To Councilor Trees and City Attori Committee Liquor/Bees Legislativi Regular Coun October 23, Budget Awa' Repair Ligl Deadline of Melrose Lap Bicycle Lan Is Iowa short-changed on U.S. gasoline Ily WW.IAM PIRHO66I �C�� T•„ a.er. w sneer Few Iowans realise it, but every time they pump gaesllne Toto the" au• tomo Wthey are paylag for gigantic public transit projects la place each asMiami, Atlanta and iieftimore. And officials in lows are suggesting that the slate is being abort -changed by the federal govermteat'a formulas for to the states, Under as 55 -cat fbeft �ederall gasoline tax that took effect In April 1995, U9. mo- torists aro taxed a penny, on each galla for federal mar transit pro grams. About gel mWlon ban been col- bacted from this but in Iowa, seem& bout allte92te•9trmnllsn hu bum reon turn, ed te tha state for baying bras Wed up gradip Vandt fadutte . Instead, most of the laws money Is being famodw metropolitan arm of a Hssi &W Walk where the lows in money Is helping modrnir MLI - road transit Systeme In New Yat and Baton and build new rail transit systems in Mlaml. Atlanta and Bala. more, officials said. More than 79 Sup transit projects ata either under way or so the drawing boards In the United States, with price tap that reap from 9119 million to M ballon nick In lows, who date and local offi- cials have been scrambling to pre. serve am a modest level of bus awry. ice for 19 urban and is rural transit systems, the way the transit tax rove. use are distributed rankle officials. Inequity of system • ' "Beat.s of We inequity of the syn. tem, the people of Des Maines, W. an pays for Sen ]or, CAW.'s, law trao- sitast itno UW which will beSind Harbars miles lon aid mml Transit �Dam exacadve director of W Iowa Ed Redfern, special assistant to Senator t]arlss OraesNy (Rep., Is.), said:'T.00k at where thtlooney Is go. ing. In the slate of New York, for ex. ample, they put in 155.1 million and they got back 9215 million." He saW it Is important for big cities to have good public transit systems. But be called the huge cos of the pro. posed urban transit system "scary." z tax? e,ra-.q V A spokesman for the Federal Urban Maar Transit Administration defend- ed the way the gsa tex revenue am dWAbuted. Iry Chor said the transit grants to big title help reduce pollution and cut fuel mega. "It's.svppoad to be usiver-_ sal, te help everybody," he said. Another stmt, Car s id, "Is that people In that stern United States, who nsver ate.'treat, pay subsidies to Iowa!arenas." He added, "In the fed. cral system It's supposed to come out In the weak." Cboex comments Infuriated Can- dace ao-dace Bakke, director of the public transit division of the Iowa Depart. mat about farm tubal• srPartatiea, who respond- 4 not bold es Under Naiad Average According to the Iowa Office for Planning and Programming, Iowa IS wen under the satlaoal average in re• calving federal money for porpoise that range from farm subsidies to sewer grants. Dertng the 1999 fiscal year, Iowa received a pr -capita aver- age of 92,550 In federal money, com- pared to the talked pr -capita aver. age of 92,92L That penny W tax In expected to - rain about 915 million in Iowa during the current federal fiscal year. Iowa is expected to get a maximum of only However, Chor said the !-cent gas tax does not supply an the federal runway for pabnc transit. For exam. Ne. Iowa is acheduled to get 19.7 mil. this hndgetyarfmmother feder- al �tprogramL.Io addition, an spplkatlka in pending for a nearly 95 million federal grant for a proposed transit mail downtown lyes When — a propel that Is expected to win feder- al approval, according to Redfern . "Fair Share" Amendment Cranley recently sponsored an amendment that would have provided a "fair thaw, to low& from the l•cent gas tax, bit the measure failed. Dam, the Iowa tramlt'group official, esti. mated that Oranlay's proposal would haw guaranteed about 1s minion an. scally to Iowa from the gas tax, an amount that Will would be substanual- ly Ins than the 115 million Iowan pay through the !-cent tax. Stephen Spade, general manager of the Des Moines Metropolitan Transit Authority, said he doubts whether Iowa currently could use the entire 115 million because federal law re. gafrew tkkt revenues from the to be used for new bust and train, new transit buildings and new transit systems, rather than for subsidizing the mat of spiraling existing transit "=said It would make sense to ese some of the monytrom that !-cent to to subddin operations of the state's bus systems, which haw saf- . fered sharp reductions In federal oper- ating grants cedar the Raps admin. Mrstift a /-s/ urs mutNrJ JUnUAV KWISI ER ■ OCTOBER 21,199417B lawyer warns of adults -only► rental housing By WRLIAINP MOM fl a ssa w,ft to Md said lfordes,a Iawyr with W Curter ooYouth Lw in Sao 0. Calif. told tIM e"fona at e D" fad to bay ham", ad this especially AUKU families with lar bWOMM many of whom an minorities. The puesntopo a/ a had" bwma spat Ce red by hem rlsisg, and apaetmad weaacy rates In same aeeY Mes basersdout "As famWes with cklldra were being forced Into W rental market they fossd W rental market really wasn't accommodating -their Inter ew,"Medd The aaclasieaW poUdo*oftn MUD famill" mut accept bowing that Y "weandud, "a, erpedes rtnlv6amwab,Maddet Yoral"cf qd a Callfaenla Ceset rel• 6sneenashlpeslalWa/mYels• esnceCents, aselse amarW CMW by some c d*u Is an ream to es- clode them as a pow "Not an chl4 dres an a mdume or a problem," M said. • Congress Is.aipeeisd to consider legislaoaa to pcdlblt ebild dktalml- natlm In bowleg M UK Bat M "g - jested that participants at W confer- am ooferaaa Mn, apansaed by tM Orestr Des Molar Community Hoasiong Rr source Bard, could Md address child -exclusionary policies by work- ing with local governmental bodies. 11" know the soup of W prohiem d who W pbyere aW' M des- Ordinate" : - p4ane" protecting children trees dlaerlmfeattoo shosld prohibit overly restrictive .oceepucy staa- duds, M sad, althonsk thee d "Id M limited caption, to permit esta► liskmant of senior cltlmn bowing pnjwtL gra IegWdla ehosM also give land &reciss tin right to obtain cad inductions and punitive dam - a n wba child discrimination co-, com Morales ea16 7M eodeneee was attended by bowing policymakers, nal estate and OAGM and 20 SVIN, &p agents with Morals thick people with eklldren an paying for the dam• apo that children d0." ON woman told him. No a w%W that a new apart- ment project 0 the auk aide of Des Msin" W bar danaged by dOm who vaevd light MIM, destroyed now beds and be" bola in apart- mmtwaW. one man in the audience shouted, -Save IN aro been on the firing line 'ya"entft Be" you ever Med to rest Manley twpBed that M by nava MsnaIsndtadendMbmWFww from"me1aiiUwAo awbmMmt gasied inti property owwn shoaN at- tempt to "Ici bdt"d tamm" that Cea"problews, sed not simply h" W dhow with Nlld<a A woman remark• ad that It Is dlIDrslt to evkt Whim renters o?/SoZ T Ul TH F S / Z 3 BMagistrate Court (Chambers) 1:30PM-Merit Pay 7:3OPM-Formal P&Z Task Force (Chambers) (Conf Room) 7 8:30AM-Staff Mtq 8 q /0 8AM-Magistrate (Conf Room) 1PM-Rental Rehab 8AM-Magistrate Court (Chambers) B: 15AM-Job Eval. Court (Chambers) 9menUrban Environ Meeting 9 (Chambers Committee (Conf Room) 6 ounciInformal meet Ad Hoc Coin 3:30PM-Eat Trim Council (Chamber) (Senior Center) Class (Conf Rm) 7:30PM-Council 7:30PM-Rental Reha • (Chambers) Meeting (Chambers 7.30PM-Airport 7:30PM-Riverfront Comm (Chambers) Comm (Transit Bid[) 11 I.t (3 /r1 10ristaff Mtg /5 HOLIDAY 8:30AM-Housing 3PM-SeniormCenter SAM-Magistrate Appeals Board Comm (Senior Ctr) Court (Chambers) 7:30PM-Charter .(Public Library) 3:30PM-Eat Trim 2:30PM-Goal Settin Review Comm (Chambers) 9:30AM-Housing Co Class (Conf Room) •3OPM-Board of Session (Holiday Inn) 7:30PM-Informal (Public Library) 6:30PM-Informal 7PM�PaLt'kmen& R(eChamb qPM-Library Board (Public P&Z (Senior Ctr) Council (Chamb) Comm `Rec Ctr� Library) 7130PMrva lonl 7:30PM-Formal P&Z 0 11 ,zz (Chambers) -Q /9 20 z/ A3 -Z j4 SAM-Magistrate 8AM-Broadband LOAM-Staff Meetin Court (Chambers) Telecommunicatio:s (Conf Room) Comm (Chambers) HOLIDAY HOLIDAY 6:30PM-Informal 3:30PM-CCN (Publi 3:30PM-Eat Trim Council (Chamber Library) Class (Conf Rm) 4PMntrAadnHocvCo n Tgenior Center 7:30PM-Council (Chambers) XT A6 A% z8 zi J0 AM-Mag strate Court Chambers) lOAM-Staff Meeting BCourtq(Chambers) •30PM-Charter Review (Conf (Conf Room) Trim Comm Publi•6:30PM-Informal Hearing (Chambers Class (Conf Rm) •30PM-Hum4in Rinh Comm : Sbuncil (Chamber ' (Senior Cr aty of Iowa City MEMORANDUM Date: November 2, 1984 To: City Council From: City Manag R+/ Re: Review of FY85 City Council Objectives Below is a list of your FY85 Objectives and a brief description of the current status of each. This matter has been scheduled for discussion at your informal meeting on November 5, 1984. 1. General Objectives - These are ongoing objectives which, for the most part, relate to decisions you will make during budget considerations or which relate to lobbying efforts with the State Legislature. 2. New Subdivision Ordinance - The current timetable for completion by P&Z by June 30, 1985, and final adoption by December 31, 1985, remains appropriate. 3. Airport Compliance with FAA Standards - Compliance requirements have been received from the FAA and implementation has begun. A problem still exists regarding regulation of development within the clear zones and this should be addressed by Council in the near future. 4. Complete Decisions Regarding New Iowa -Illinois Gas & Electric Franchise - Negotiations were not completed in time to place this issue on the November, 1984, ballot. A new target date for completion of negotiations is December 31, 1984, with a special election to be held early in 1985. 5. Sewage Systems Facilities Plan - The target date of March 31, 1985, for determination of the most desirable alternative remains in effect. Implementation should begin shortly thereafter. 6. Downtown Parking Study - Phase 1 was completed during September, 1984, and was expanded to include a parking demand analysis which should be completed by December 31, 1984. Construction of additional levels to the Dubuque Street facility will begin in the spring of 1985. 7, Home Mortgage Revenue Bond Program - Staff has begun to explore this issue and an implementation policy should be available for Council consideration by March 31, 1985. 8. Economic Development Program - Funding strategies for the first year of operation have been agreed upon and First Capital Development, Inc. has been created as the facilitating organization. It has been staffed by a newly hired President since August, 1984, and implementation of the ad hoc committee proposals is underway. c2llS r Development of Urban Renewal Land - Construction of the hotel is essen- tially complete and it has been open since September, 1984. A consultant has been selected to explore and analyze various strategies for develop- ment of the adjacent parcel. Plans are being developed for renovation of the Mini -Park with construction to take place during the summer of 1985. 10, City Government Space Needs - The deadline of September 30, 1984, for the selection of alternatives will not be met. This delay is primarily due to the proposal for a mixed-use parking/office facility. It is necessary that the results and recommendations of the Downtown Parking Study and the Parking Demand Analysis be completed and utilized in making a final decision. Also, a revised plan will have to be developed which is responsive to the needs of the Unitarian -Universalist Society. 11. Downtown Amenities - Any improvements, including restoration of Iowa Avenue, will be addressed during Council discussion of the FY86-90 CapitalImprovements Program. This will determine whether or not the June 30, 1985, deadline for adopting a plan is appropriate. 12. Sign Ordinance Revisions - This will not be completed by December 31, 1984, as proposed. The completion date is revised to March 31, 1985. The Planning and Zoning Commission is currently reviewing the amended ordinance. 13. Street Lighting Needs - A review of these needs based on the North Side Lighting Project has been deferred. Repeated requests have not succeeded in obtaining the final report. It is anticipated that this objective can be met approximately six months following receipt of the final North Side Lighting Project report. 14. Industrial Development Revenue Bonds - Completion of the review of this policy was delayed due to the uncertainties of federal legislation, especially relating to state imposed caps. The staff committee will further review the policy in the spring of 1985 after the FY86 budget process is completed. 15. Long Term Computer Plan - This matter will be considered by Council during discussion of the FY86 budget. 16. Other Priorities: A. Sheller -Globe Litigation - Attempts to settle this matter are ongoing. If this cannot be achieved, it is anticipated this matter will be tried in federal court during the spring or summer of 1985. dh/sp MY of Iowa City"' MEMORANDUM Date: November 1, 1984 To: City Council/ From: City Manage '�"' / Re: Gas/Electric Franchise Conversations have been continuing between the City and the Iowa -Illinois Gas & Electric Company concerning proposed new gas and electric franchises for the City. Attached is a copy of Iowa -Illinois' response to the City. The major elements of the proposal are contained in the letter dated October 31, 1984. The ordinances for both gas and electric also are provided. It should be noted that a memorandum concerning the legality of the rental fee has been provided by Iowa -Illinois. This memorandum seriously questions the legality of the fee proposed by the City. It is estimated that such a fee would yield at a minimum $400,000 per year. The City Legal staff has not completed its review of this submission from Iowa -Illinois Gas & Electric. At its informal Council session on November 5, 1984, the City Council will discuss this response. It is hoped at that time' the City Council will determine generally whether or not this response is acceptableand if the proposal should be submitted to the voters. In the interim, if you have any questions, please contact me. bdw/sp PETITION To the City Council of the City of Iowa City, Iowa: There is submitted herewith electric and gas franchise ordinances which we respectfully ask be passed and approved. The existing franchise ordinances terminated October 8, 1984. We request consideration be given to the attached ordinances at your early convenience. Dated this -70 day of o�- 1984. Respectfully submitted, IOWA -ILLINOIS GAS AND ELECTRIC COMPANY By President � o a E N OCT 3 11984 MARIAN K. KARR CITY CLERK (3) ass IOWA -ILLINOIS GAS AND ELECTRIC COMPANY OAyENPORT. IOWA October 31, 1984 Mr. Neal G. Berlin City Manager 0(T 3 11984 City of Iowa City Iowa City, Iowa 52240 MARIAN K. KARR Dear Mr. Berlin: CITY CLERK (3) Enclosed is a Petition for gas and electric franchise ordinances. The ordinances provide for a 20 -year term with the right of the City to reopen them at the end of the 10th year. The ordinances also provide for the imposition of a rental fee for the use of the streets as requested by the City. These ordinances are proposed for enactment by the City subject to the conditions set forth below being agreeable to the City: 1. In the event there is a legal challenge to the rental fee, the City shall participate in and defend the fee and the ordinances. 2. The surcharge for the rental fee shall be a part of the Company's Iowa City rate tariff. The collection of the rental fee by the Company is dependent upon Iowa State Commerce Commission approval of such customer surcharge. 3. The City will support any application made by the Company to the Commission to impose collection of the rental fee as a surcharge to the Iowa City gas and electric customers of the Company. This support will,be provided whether or not such an application is legally required. 4. The mechanics of collecting the surcharge and paying it over to the City as a rental fee shall be mutually agreed upon. S. If the voters do not accept the rental fee in either the gas or electric franchise ordinance, or both, the City will pass the ordinance or ordinances disapproved by the voters in identical form less the rental fee'provision. POST OFFICE BOX 4350, 700 EAST SECOND STREET. DAVENPORT, IOWA $7108 a is5- -, IOWA -ILLINOIS GAS All ELEGTPIC COMPANY Mr. Neal G. Berlin October 31, 1984 Page 2 6. The Company will not publicly support or resist the franchise ordinances but reserves the right to respond factually to questions presented to it. If the provisions set out above reflect positions agreeable to the City, we request the acceptance statement set out below be dated and signed in duplicate on behalf of the City and the copy of this letter be returned to us. Very truly yours, The conditions set out above are acceptable to the City of Iowa City. Dated at Iowa City, Iowa, this _ day of 1984. CITY OF IOWA CITY, IOWA � 9 1 1 M OCT 3 11984 MARIAN K. KARR CITY CLERK (3) ais5 ( ( i • , The Power of a Municipality to Include a OCi 3 11984 Provision for a Charge Based on a Percentage of Gross Revenue in a Franchise Neogitated MARIAN K. KARR with a utilit CITY CLERK (3) In the case of the City of Des Moines v. Iowa Telephone Company, 181 Iowa 1282, 162 N.W. 323 (1917), an action was brought by the City to recover rental fees for space occupied by the defendant telephone company with its poles and wires in the streets of Des Moines under an ordinance passed by the City in 1912. Among the defenses raised by the utility was the power of a city to assess and collect rentals for the use of its streets. In concluding that the City had no such power, Judge Deemer speaking for the court pointed out that the grant was to a public service corporation and not an individual for purely private uses; that it is generally held that the location of utility poles on a highway or street within a city is not an additional servitude of which either the public or a private in- dividual may complain. The court said: We are unable to find any statute which authorizes the city to charge a reasonable rental value for the use of its streets, avenues, alleys, etc. , and none is called to our attention, save section 775, which reads in part as follows: "Cities and towns shall have the power to authorize and regulate telegraph, district telegraph, telephone, street railway and other electric wires, and the poles and other supports thereof, by general and uniform regulation." After distinguishing certain decisions in other states, the court said: Moreover as already pointed out, when the cities and towns of this state have the fee title to their streets and alleys, it a/.SS is in trust for the public, and it has no such proprietary rights as that it may demand compensation for any public use which the Legislature may see fit to grant. * " • We are not to be understood as holding that a municipality may not under express legislative authority impose a license fee, or that it may not exercise its police power over telegraph and telephone companies, or that these companies are not subject to taxation, both by the state and the city, but the ordinance in question does not impose a license and is not an exercise of the police power, and it is not the imposition of a tax, for such companies are otherwise taxed for state, city and county purposes. It is clearly a revenue measure, and there seems to be no express legislative powers for such an ordinance. The power granted municipalities by the state to impose license fees or other police powers must be limited to the reasonable cost of enforcing the same. City of Pella v. Fowler 215 Iowa 90, 244 N.W.734 (1932) In an attempt to broaden the powers of municipalities the legislature passed a statute identified as Chapter 235 of the 60th General Assembly, _. (Sec. 368.2 Code of Iowa) which provided that powers specifically granted to municipalities were to be broadly interpreted but concluded with the following sentence. Notwithstanding any of the provisions of this section, O cities and towns shall not have the power to levy any Dtaxes, assessment, excise, tee, charge or other exaction except as expressly authorized by statute. OCT 3 11994 In conclusion, therefore, it would appear from the CDs MARIAN K. KARR CITY CLERIes case in which an agreement by way of rental was held beyond the - 2 _ aj5✓r r Power of a municipality to enforce, that an agreement by way of franchise providing for a revenue measure is similarly subject to challenge. The efforts of Mayor Iles of Des Moines in successive sessions of the Iowa legislature to obtain specific statutory authority for a gross revenue pay- ment by the utility serving Des Moines have been unsuccessful. This effort may have been extended because of the uncertain legality of the agreement between the city and the utility there. With the creation of the Iowa Commerce Commission's authority over rates an additional question is raised. The imposition by the city by way of tax or agreement of an obligation of the utility to make a pay- ment which must be reflected in the rates charged the customers in that municipality, would place the propriety of such an agreement or tax before the Iowa Commerce Commission. The Commission has not specifically approved any such agreement or tax. That cities have filed rates which reflect charges sufficient to cover such an agreement Is not evidence of the explicit approval by the Commission of such charges. There is, therefore, a very doubtful question of the enforceability of an agreement with a municipality which is founded upon a revenue- producing obligation as distinct from the licensing power or police power of the municipality, W.B. Waterman - lc July 14, 1965 � u I � M r,CT 3 11984 MARIAN K. KARR CITY CLERK (3) ais.5 MEMORANDUM:ON THE LEGALITY OF FRANCHISE FEES IN IOWA The question of whether a city may impose a franchise fee or a rental fee for the use of the city streets has arisen in the context of the Company's obtaining franchises in Iowa City. This issue was previously researched by our office. A copy of Hill Waterman's Memorandum of July 14, 1965, is attached. We have determined that the cases cited in the 1965 Memorandum still appear to represent the judicial climate in Iowa. The Iowa legislature, in Section 364.3 Code of Iowa 1983, provides for certain limitations upon the powers of a city. Subsection 364.3(4) states: A city may not levy a tax unless specifically authorized by a state law. It would appear, then, that a city may not charge any franchise fee and may not charge any rental fee for the use of the city streets without specific legislative authority. License fees may be imposed but only if limited to the reasonable cost of enforcement. The legislature, in 1983, added a new subparagraph to Section 364.2(4)(f), which provides: If a city franchise fee is assessed to customers of a franchise, the fee shall not be assessed to the city as a customer. While the statutory provision obviously recognizes some cities have imposed franchise fees on utilities and that these fees are passed on to the utility's customers, we believe such language would not constitute the "specific authority" to levy a tax contemplated by Section 364.3(4), or the "express legislative authority" to do so as required by the Iowa Supreme Court for the imposition of rental fees for the use of streets. y/ua� 10/9/64 M OCT 3 11984 v MARIAN K. KARR CITY CLERK (3) OCT 3 11984 CIRIAN K. KARR TY CLERK (3) ORDINANCE NO. AN ORDINANCE GRANTING TO IOWA -ILLINOIS GAS AND EELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, FOR A PERIOD OF TWENTY YEARS THE RIGHT AND FRANCHISE TO ACQUIRE, ERECT, MAINTAIN AND OPERATE IN THE CITY OF IOWA CITY, A GAS PLANT OR PLANTS FOR THE PRODUCTION, STORAGE, TRANSMISSION, DISTRIBUTION, SALE, DELIVERY OR FURNISHING OF GAS FOR PUBLIC AND PRIVATE USE IN THE CITY OF IOWA CITY AND ELSEWHERE AND TO USE THE STREETS, AVENUES, ALLEYS AND PUBLIC GROUNDS AND BRIDGES IN THE CITY OF IOWA CITY FOR THE PURPOSE OF LAYING, CONSTRUCTING, MAINTAINING, REPLACING AND SUBSTITUTING MAINS, PIPES, CONDUITS AND OTHER FACILITIES FOR T:;E TRANSMISSION, DISTRIBUTION, SALE, DELIVERY OR FURNISHING OF GAS FOR PUBLIC AND PRIVATE USE IN THE CITY OF IOWA CITY AND ELSEWHERE, AND THE IMPOSITION OF A RENTAL FEE OF ONE PERCENT OF COLLECTED GROSS REVENUES AS A SURCHARGE TO CUSTOMERS. BE IT ENACTED by the City Council of the City of Iowa City: Section 1. There is hereby granted to Iowa -Illinois Gas and Electric Company, an Illinois corporation authorized to do business in the state of Iowa, hereinafter called the "Company", and to its successors and assigns for a period of 20 years from and after the effective date of this ordinance the right and franchise to acquire, erect, maintain and operate in the city of Iowa City, a gas plant or plants for the production, storage, transmission, distribution, sale, delivery or furnishing of gas, either natural or manufactured or mixed natural and manufactured, for public and private use in the city of Iowa City and elsewhere ,2155 � u a � M OCT 3 11984 MARIAN K. KARR CITY CLERK (3) and to use the streets, avenues, alleys and public grounds and bridges in the city of Iowa City for the purpose of laying, constructing, maintaining, replacing and substituting mains, pipes, conduits and other facilities for the transmission, distribution, sale, delivery or furnishing of gas for public and private use in the city of Iowa City. The City Council may, during the first thirty days of the eleventh year of the franchise, review the franchise, and if deemed desirable by a simple majority of the City Council, renegotiate and amend the franchise and submit the amended franchise to the voters. Section 2. The rights and privileges hereby granted are subject to the restrictions and limitations of Chapter 364 of the Code of Iowa 1983, the Municipal Code of Iowa City and Iowa City ordinances, all as amended, as well as any other applicable statute or regulation promulgated by administrative agencies under federal or state law, and this franchise shall not be exclusive. Section 3. The Company shall have the right to excavate in any public street for the purpose of laying, relaying, repairing or extending gas pipes, mains, conduits and other facilities provided that the same shall be so located and maintained as to make no unnecessary obstruction of any drains or sewers, either public or private, or the flow of water therefrom. 2. a155 ,I � o I E OCT 3 11984 MARIAN K. KARR CITY CLERK (3) Section 4. In making excavations in any streets, avenues, alleys and public places for the installation of gas pipes, conduits, or apparatus, the Company shall not unnecessarily obstruct the use of the streets, and shall replace the surface, restoring the original condition as nearly as practicable; and in laying, repairing and replacing mains and pipes, the Company shall conform to all reasonable regulations prescribed by the city to prevent injury to the pavement,•streets, alleys, and public places. Section S. The Company, its successors and assigns, shall hold said city free and harmless from all damages arising on account of any negligence of the Company, its successors and assigns, in the construction, operation and maintenance of said system. Section 6. The Company, its successors and assigns, shall extend its mains and pipes in accordance with rules and regulations approved by the Iowa State Commerce Commission. Section 7. The Company and its successors and assigns as long as it shall operate under the terms of this franchise shall furnish such quantities of gas of good quality as the city and the inhabitants thereof may reasonably demand; provided, however, that such undertaking and agreement shall be subject to such limitations on the use of gas for large -volume commercial or industrial applications, or for space heating as may be provided 3. aiss I OC33 11984 MARIAN K. KARR CITY CLERK (3) by reasonable rules and regulations placed into effect by the Company during any temporary shortage in or permanent diminution_ of the supply of natural gas with which the Company serves the city of Iowa City and the inhabitants thereof. Section B. The Company is authorized to impose reasonable terms and conditions upon the furnishing of gas service and reasonable rules and regulations in operation and conduct of its business. Section 9. All proper and necessary police regulations shat: be adopted and enforced by the city of Iowa City, for the protection of the p pipes, mains, conduits, meters and other apparatus of the Company, its successors and assigns. Section 10. This franchise shall apply to, inure to and bins the City and the Company and their successors and assigns; provided that any assignment by the Company shall be subject to the approval of the City Council by resolution, which approval shall not be unreasonably withheld. Section 11. Upon approval of the City Council and after reasonable attempts to acquire by purchase, the Company shall have the power to condemn private property for the purpose of providing gas service to the public. The Company must establish the necessity for each taking of private property and, when so established, the City Council may approve the condemnation of the private property by resolution. 4. OCT 3 11984 MARIAN K. KARR CITY CLERK (3) Section 12. The Company shall, at its cost and expense, locate and relocate its facilities in, on or under any public street in the city in such manner as the city may require for the purpose of facilitating the alteration or change of the grade or location of any street; provided, however, if relocation funds are available from any other source, the city shall take I appropriate action to seek reimbursement for and on behalf of the Company; and, provided further, the Company shall not be required to relocate any gas facilities more than once for each city project. i Section 13. The Company shall pay to the City a rental fee I for the use of the public streets and ways in an amount equal to one (1) percent of the collected gross revenues derived by the Company from the distribution and sale of gas to customers within the corporate limits of the City. Such payment shall be in addition to any other fees imposed by the City or any taxes levied by state, county or local authorities. The rental fee shall be surcharged to all customers receiving gas service within ithe City. If the rental fee is held to be invalid or void the City shall indemnify and hold the Company harmless for any rental i fee money required to be repaid to the customers. Section 14. This ordinance and the rights and privileges herein granted shall not become effective or binding until this ordinance shall have been submitted to and approved by a majority M ass OCT 3 11984 MARIAN K. KARR CITY CLERK (3) of the electors of said city of Iowa City, voting at the next general or municipal election or at a special election called for that purpose. The cost and expense of the election relating to the franchise provided for herein shall be paid by the Company. Section 15. The Company, its successors and assigns, within 30 days after the approval of this ordinance by a vote of the people at the next general or municipal election or at a special election called for that purpose, shall file in the office of the clerk of the city of Iowa City its acceptance in writing of all the terms and provisions of this ordinance. Section 16. If any of the provisions of this franchise ordinance are illegal or void, the lawful provisions, which are separable from said unlawful provisions, shall be and remain in i full force and effect. Section 17. Upon the effective date of this ordinance, all ordinances or parts of ordinances in conflict herewith are hereby repealed. i Section 18. This ordinance shall become effective upon passage by the City Council, the approval of the voters as provided in Section 14 hereof, and the acceptance by the Company as provided in Section 15 hereof. PASSED AND APPROVED this day of 19_ 6. 0Q155 OCT 3 11984 MARIAN K. KARR ORDINANCE NO. CITY CLERK (3) AN ORDINANCE GRANTING TO IOWA -ILLINOIS GAS AND ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND FRANCHISE TO ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF IOWA CITY, AN ELECTRIC LIGHT AND POWER SYSTEM FOR A PERIOD OF TWENTY YEARS AND TO FURNISH AND SELL ELECTRIC ENERGY TO SAID CITY AND ITS INHABITANTS AND THE IMPOSITION OF A RENTAL FEE OF ONE PERCENT OF COLLECTED GROSS REVENUES AS A SURCHARGE TO CUSTOMERS. BE IT ENACTED by the City Council of the City of Iowa City: Section 1. There is hereby granted to Iowa -Illinois Gas and Electric Company, an Illinois corporation authorized to do business in the state of Iowa, hereinafter called the "Company", and its successors and assigns, the right and franchise to j acquire, construct, erect, maintain and operate in the city of Iowa City, an electric light and power system including the right to erect and maintain the necessary poles, lines, wires, transmission lines, conduits and other appliances for the transmission and distribution of electric energy along, under and upon the streets, avenues, alleys and public places to serve customers within and without said city of Iowa City, for a period of twenty years from and after the effective date of this ordinance, and to furnish and sell electric energy to said city and its inhabitants. The City Council may, during the first thirty days of the eleventh year of the franchise, review the franchise, and if deemed desirable by a simple majority of the City Council, 1 1155 �oa�M OCT 3 11984 MARIAN K. KARR CITY CLERK (3) renegotiate and amend the franchise and submit the amended franchise to the voters. Section 2. The rights and privileges hereby granted are subject to the restrictions and limitations of Chapter 364 of the Code of Iowa 1983, the Municipal Code of Iowa City and Iowa City ordinances, all as amended, as well as any other applicable statute or regulation promulgated by administrative agencies under federal or state law, and this franchise shall not be exclusive. Section 3. The Company shall have the right to erect all necessary posts or poles and to place thereon the necessary wires, fixtures and accessories for the distribution of electric energy in and through said city, but all said posts and poles shall be so placed as not to interfere with the construction of i any water pipes, drain or sewer, or the flow of water therefrom, which have been or may hereafter be located by authority of said city. The posts or poles and the wires attached to or placed upon them shall comply with the National.Electrical Safety Code and the regulations of the Iowa State Commerce Commission regarding construction and clearance requirements. The Company is authorized and empowered to cut and trim in a careful and prudent manner, at its expense, any trees extending into any street, alley, or public ground so as to prevent limbs or branches from interfering with the wires of the Company. The 2. ass OCT 3 11984 MARIAN K. KARR CITY CLERK (3) obligation of the Company, however, shall not extend beyond trimming trees sufficiently to clear the electric wires. Section 4. In making excavations in any streets, avenues, alleys and public places for the erection of poles and wires or other appliances, the Company shall not unnecessarily obstruct the use of the streets, and shall replace the surface, restoring the original condition as nearly as practicable. Section S. The Company, its successors and assigns, shall hold said city free and harmless from all damages arising on account of any negligence of said Company, its successors and assigns, in the erection, operation and maintenance of said system. Section 6. The Company, its successors and assigns, shall extend its lines and wires in accordance with rules and regulations approved by the Iowa State Commerce Commission. Section 7. The said Company, its successors and assigns, so long as it shall operate under the terms of this franchise shall furnish electric energy in sufficient quantities to supply the reasonable demands of said city and the inhabitants thereof. The energy furnished shall be of reasonably uniform voltage throughout the city and at all times up to the standard for efficient operation of lights, motors and appliances. The service shall be continuous twenty-four hour service, seven days a week, unless the Company is prevented from doing so by fire, 3. �/5-s CCT 3 11984 MARIAN K. KARR CITY CLERK (3) storm, acts of God, unavoidable accidents or casualties, and in such event service shall be resumed as quickly as is reasonably possible. Section B. The Company, its successors and assigns, is authorized to impose reasonable terms and conditions upon the furnishing of electric service and reasonable rules and i regulations in the operation and conduct of its business. i i Section 9. All proper and necessary police regulations shall f be adopted and enforced by the city of Iowa City for the protection of the poles, posts, wires, lamps and other apparatus of the Company, its successors and assigns. Section 10. This franchise shall apply to, inure to and bind the City and the Company and their successors and assigns; provided that any assignment by the Company shall be subject to the approval of the City Council by resolution, which approval shall not be unreasonably withheld. Section 11. Upon approval of the City Council and after I reasonable attempts to acquire by purchase, the Company shall have the power to condemn private property for the purpose of providing electric service to the public. The Company must establish the necessity for each taking of private property and, when so established, the City Council may approve the condemnation of the private property by resolution. 4. a? 1-515 OCT s 11984 MARIAN K. KARR CITY CLERK (3) Section 12. The Company shall, at its cost and expense, locate and relocate its facilities in, on, over or under any public street in the city in such manner as the city may require for the purpose of facilitating the alteration or change of the grade or location of any street; provided, however, if relocation funds are available from any other source, the city shall take appropriate action to seek reimbursement for and on behalf of the i Company; and, provided further, the Company shall not be required to relocate any electric facilities more than once for each city project. Section 13. The Company shall pay to the City a rental fee I for the use of the public streets and ways in an amount equal to one (1) percent of the collected gross revenues derived by the Company from the distribution and sale of electricity to customers within the corporate limits of the City. Such payment shall be in addition to any other fees imposed by the City or any taxes levied by state, county or local authorities. The rental fee shall be surcharged to all customers receiving electric service within the City. If the rental fee is held to be invalid or void the city shall indemnify and hold the Company harmless for any rental fee money required to be repaid to the customers. Section 14. This ordinance and the rights and privileges herein granted shall not become effective or binding until this ordinance shall have been submitted to and approved by a majority OCT 3 11984 MARIAN K. KARR CITY CLERK (3) of the electors of said city of Iowa City voting at the next general or municipal election or at a special election called for that purpose. The cost and expense of the election relating to the franchise provided for herein shall be paid by the Company. Section 15. The Company, its successors and assigns, within 30 days after the approval of this ordinance by a vote of the people, shall file in the office of the clerk of the city of Iowa City its acceptance in writing of all the terms and provisions of this ordinance. Section 16. Upon the effective date of this ordinance, all ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 17. If any of the provisions of this franchise ordinance are held to be illegal or void, the lawful provisions, which are separable from said unlawful provisions, shall be and remain in full force and effect. Section 18. This ordinance shall become effective upon passage by the City Council, the approval of the voters as provided in Section 14 hereof, and the acceptance by the Company as provided in Section 15 hereof. PASSED AND APPROVED this day of 19_ 6. 0?1.9-s City of Iowa City MEMORANDUM DATE: November 2, 1984 TO: City Council FROM: City Manager RE: Letter from Olive Pearl Ritter A letter from Olive Pearl Ritter was on the Consent Calendar of the September 11, 1984, agenda. The letter concerned the problems encountered with the Delta Tau Delta Fraternity which is located adjacent to Ms. Ritter's property. Representatives from Delta Tau Delta Fraternity have met with Ms. Ritter and have sent a letter to her outlining actions which it is hoped will solve the problems. A copy of the Fraternity's letter is attached for your information. September 16, 1984 Dear Miss -Ritter: As per our conversation of August 31, enclosed please find a copy of our social calender for the coming semester. We regret the delay in sending this information, but we wished to make the list the most comprehensive possible. Additionally, we wish to reiterate those things which we are willing to do to minimize problems and hopefully insure good feelings. 1. Summer boarders shall be limited to members of the Fraternity. 2. A responsible person shall be named summer house manager. 3. Garbage collection shall be maintained at three times a week (during the summer it had declined to twice weekly). 4. A house and grounds committee shall be created and it shall be the duty of that committee to keep the house exterior properly maintained. 5. We shall provide you with as complete a social cal- ender as is possible, and shall otherwise keep you informed of any unscheduled events which may be of concern to you. 6. We would like to invite you to dinner once or twice a semester to allow you to meet the men and the men to meet you. 7. We would like to invite you over to speak to our pledges on the history of the University and your insights on it. Miss Ritter, we sincerely wish to have good relations with you and we hope we have shown our good faith. To insure better communications, there are four officers with phones in their rooms who will be at dispose: Scott Dewhurst, (pres. 354-7370), Gary Mathems (2nd vice pres. 337-8574), Scott Schneider (secly. 337-7895), John Evans (1st vice pres. 337-6205). In addition, the house phones are always available (354-2984)• If you have any concerns, or if we may help you, please call. Sincerely, The Men of Delta Tau Delta aIs6 September 16, 1984 To whom it may concern: "chile the Men of Delta Tau Delta take exception with many of the allegations made by Miss Ritter, we find it more construc- tive to work with Miss Ritter than to deny her concerns. In that spirit, members of the Fraternity and representatives o the University met with Miss Ritter on August 31. The meeting was most constructive and reonenea nmmininn+inn ,.,, Ity of Iowa City MEMORANDUM Date: October 30, 1984 To: City Council From: City Manager r,< / Re: Economic Development Enclosed is a newsletter about economic development prepared by The Fantus Company which represents major business and industries seeking to relocate. Of particular interest to you are the general principles listed on the last page. Our efforts in these directions may require additional involvement by the City Council particularly as it relates to the ability to provide commitments and assurances to prospective industry. /sp a1s7 ntus Focus Spepal Edition For Economic Development Professionals ECONOMIC DEVELOPMENT IN THE Only One of Two Area Development Agencies May survive • r�;, •; Fundamental changes are occurring in the struc. ture of economic development organizations throughout the United States. The most visible result of these changes will be a large scale "consolidation" of economic development pro. grams. It is estimated that over 10,000 organiza. tions are presently Involved in the sponsorship of economic development programs, including state, local and regional agencies; chambers of commerce and related groups; and banks, utilities and railroads. Many of these programs are destined to go the way of the dinosaurs in the coming years. In the 1990's, the number of organizations conducting economic development programs is likely to be much closer to 5,000 . than 10,000..-;,:3',i:•:'{•r7' 4�;-:9 [ c. This does' not mean that many states and communities will be going out of the economic development business, or that location decisions will be dictated by some federally mandated na• tional industrial policy. Nor does it imply the onset of economic stagnation. Rather, it means that the economic development process will be restructured and retooled to meet the new challenges of the 1980's and 1990's. This will occur in direct response to the' need for a more strategic, broad-based economic development ef• fort to address the complex and uncertain economic climate that exists In the U.S. today. Development Organizations In Transition Over the past thirty years economic develop• ment organizations have undergone a series of evolutionary changes that reflect the pressures and challenges such organizations have had to face. A snapshot of the state of economic development In the U.S. at present would reveal organizations at various points in the evolu• tionary sequence. An examination of the whole sequence provides communities at various stages of development with some Insight as to their likely future direction. WINTER 1984 MID 80's: ORGANIZING FOR THE FUTURE The perlod extending from the post -Korean War economic boom to the energy crisis of 1973 willdoubtless be remembered as the "Good Old Days' of economic development. In this era, new development organizations were created almost as rapidly as fast food franchises and for much the same reason. Each community which suc• ceeded in attracting a new plant spawned a host of imitators. "if they can do it, so can we" was the rallying cry of community and business leaders inciting their constituents to "organize for development." The Inevitable result was a proliferation of development groups with overlapping territorial jurisdictions. It was not at all uncommon for a :chamber of commerce, an industrial foundation, a municipal economic development office, and .the area development departments of one or more utilities and railroads to be simultaneously soliciting prospects on behalf of the same com- munity or area. Organizational conflicts and rivalries were frequent but usually not viewed as a serious detriment to economic development. So long as the economy maintained a rapid pace of expansion, It was assumed that there would be enough prospects to go around, and that most organizations would manage to get their fair share. At this early stage of evolution, economic development organizations were primarily reac• tive. The economic climate favored growth and decentralization. Prospect activity was high because of these broader economic trends. Marketing activities were confined to capturing the attention of any number of interested pros• pects and reacting to unsolicited inquiries. So great was the momentum and scope of industrial growth that it was commonly perceived that vir• tually any community could attract major new Industrial investment with the necessary effort. These conditions still exist in some regions of the country that are currently benefiting from the growth of high technology and Information. based Industries. Elsewhere, development organ• izatlons have been forced to adapt to a changing environment. The. "Good Old Days" End The second period of evolution in the economic development process was brought on by the energy crisis of 1973 and the following reces• sion. This ushered in a new era of scarcity and lowered expectations. The impact on economic development organizations was swift and severe. Gas and power shortages and the antigrowth agitation of consumeradvocates resulted in the disbanding of many highly effective area de- velopment programs conducted by utility com- panies. Railroads were drowning in red ink, and many of them transformed their economic de• velopment departments into real estate profit centers with distinctly different goals. En- vironmentalists convinced more than one chamber of commerce board to abandon Its In- dustry attraction efforts. At the same time, the public sector'was becoming more involved in economic develop- ment through federally sponsored planning agen- cies and revitalized city and county economic development departments. Public involvement in economic development became especially domi- nant in the Midwest and Northeast where the recession wracked local economies, and jobs became a key political Issue. Of course, this was also the heyday of the Economic Development Administration whose activities were oriented to economically distressed areas. , :•,�'s Raising the profile of economic development in the public arena contributed to a broadening of the focus of economic development organiza- tions. The issue for these organizations was no longer limited to creating jobs, but included im- proving access to the jobs by all segments of society. Vocational training, retail/commercial development, infrastructure improvement, small business development, grantsmanship and over- all economic development plans became part of the lexicon of the economic development profes- sion. Thus, seeds were sown for economic development planning, in addition to industrial marketing and prospect handling, :•i, . ; . Concurrently, the industrial site seeker of the 1970's was becoming more sophisticated and more demanding. No longer satisfied with prom ises, assurances and the traditional handshake from the mayor, he insisted'upon performance,' and hard facts. Candidate locations were ex-. amined In excruciating detail in the course of repeated visits by the prospect. Tough questions, were asked about labor relations, taxes, utility capacity, site suitability and living conditions.: Many communities found that their ability to res- pond promptly and effectively to prospects' needs was impaired by organizational rivalries.. Inevitably, these communities paid the price in the form of lost opportunities for new In. . vestments and new jobs. The recession )e mid -1970's caused many manufacturers to curtail their expansion plans. The optimistic assumption of the 1950's and 1960's that there would always be enough pros• pects to go around began to crumble. Local development groups reacted by conducting raiding trips to corporate headquarter cities; but here again, organizational conflicts proved to be a stumbling block. Corporate executives and facility planners often found themselves bom• barded with letters and calls from different organizations representing the same area. It quickly became apparent that the corporate welcome mat was wearing thin. Thus, the "go it alone" approach to economic development was eroded by the harsh realities of the 1970's. The advantages of teamwork became increasingly ap• parent in the face of changing corporate at- titudes, budgetary stringencies, and the growing need for private -public sector cooperation. Organizations banding together to form '.economic development teams" found that they were able to greatly enhance the effectiveness of their efforts. The team concept culminates the changes that occurred in the second period of organizational evolution. The Team Concept Gains Strength Under this concept, the different development groups serving a community or area combine their efforts and resources as needed but retain their separate programs, budgets and identities. In practice, the concept has taken various forms. In some communities, development groups have joined together to create task forces to handle specific projects, such as the acquisition and development of an industrial park or the launch- ing of a major promotional campaign. In other areas, a permanent coordinating committee or umbrella organization representing the individual local development groups has been established. Sometimes, a particularly knowledgeable or charismatic Individual emerges as the leader of the team and acquires de (acio responsibility for managing the economic development process, The team concept was further strengthened by the site seeker. His questions and needs crossed many political, economic, social and, of course, organizational boundaries. Firm commitments were requested from the community regarding water and sewer Ilne extensions, financing, tax abatement, housing for transferees, country club membershlpe,'pre•employment screening and training. No matter which organization made the initial or follow:up'contact with the site seeker, help and commitments' were required from other local groups:- ::- It was on this occasion, with a viable prospect In hand, that the team concept was truly at its best. A tour of sites with local real estate brokers, developers, and/or railroads; utility ex. tension discussions with electric p ^:r, gas, and city representatives; lunch with the mayor and key city/county officials; an afternoon of plant tours and community attractions with chamber of commerce representatives; a quiet dinner with bank officials and the local Industrial foundation— all carefully and professionally orchestrated by e: the economic development staff of the chamber and resulting Ina satisfied prospect. . Unfortunately, the principal virtue of the team concept, the ability to mobilize resources to ac• complish a specific task, Is also Its fundamental flaw. Once the task has been completed, the member organizations tend to return to the pur. suit of their own goals and interests. Duplication of effort persists, and organizational rivalries may resurface. The spirit of cooperation diminishes and coordination of effort becomes increasingly difficult until and unless another "hot prospect" comes along. Current Organiiatlonal Challenges Finding 'more effective ways of managing the development effort has become the major challenge for communities seeking orderly economic growth. The task -oriented economic development team is ill-equipped to cope with ` the economic and political realities of the 1980's Including - Increased Competition -Economic develop* ment and industrial marketing has become a big business, with tens of millions of dollars spent annually to'attract new jobs and Invest. ment. Communities, regions and states can no longer afford to approach economic develop. Tent In a haphazard manner; a comprehen- .sive, professional approach is necessary just to ,'remain competitive. s: Sj r Increased.Complexity-The economic develop. Tent proceis itself hes become more com- plex. Requirements of site seekers are becom- ing more stringent and complicated as facilities become more technologically oriented. The economic developer must be able to respond to a wide range'of Information ' requests and prospect Inquiries. More and more economic and technical factors will determine an area's potential. Emphasis on high technology and small business has in. troduced new variables into the job creation process such as venture capital financing, university -industry linkages, and small business management assistance• • Economic Restructuring—The recent national recession quickened the pace of the rein• dustrialization of the U.S, economy. The Im- pact of such change has fallen unequally upon InclMdual communities, creating different pressures for economic development organiza• tions. For some, it means developing strategies to assis rsons who have suffered severe dislocations from plant closures and technological change. For others, Industrial retention has become critical; assisting existing Industry to cope with the new economic environment and pressures of foreign competition and technological change :•: Is the key to economic health. Still others must react by shifting emphasis and broaden• ing their focus to take advantage of the new opportunities created by technological change and growth in Information -related industries. Regardless of the circumstances, economic development has ceased to be simply a matter of attracting industrial prospects and finding sites for new plants. „n>,•;. . • Increased Financial Requirements—As the ac. tivities and efforts of Individual economic development organizations grow, their Finan. ..:cfal requirements increase. However, funding resources do not always expand at the same rate. Some activities may be of little concern to certain funding sources while other sources will vary from year-to-year in their commit• ment to economic development. A need exists, therefore, to alleviate individual budget restrictions and pool the total financial resources of the community. • New Corporate Perspe'ctiue=As more and more companies adopt a strategic planning approach to business decision making, the awareness is growing that site selection deci• sions are In fact strategic decisions with major long-term Implications for the company. Economic development professionals will in creasingly be called upon to demonstrate that their communities and areas can meet the long-term strategic needs of the prospect com• .pany as well as immediate site requirements. • Neui Information Technology=The revolution in information technology wil also have a major Impact on economic development organizations. Businessmen are becoming ac- customed to having instant access to a wide range of information on' market trends, ffnanc•' Ing, regulatory, activities and other factors af- fecting their operations. In the coming years, corporate site seekers will be looking for in. stant access to databanks containing com- prehensive community information. The eco• nomic development representative of the future is more likely to be carrying a portable computer terminal on prospecting trips than a briefcase full of community profiles, Creating and maintaining a sophisticated community or area information system will be an essential task for economic development organizations. The consistent and sustained effort required to Implement an economic growth strategy meeting these challenges will necessitate a new type of ais7 organization. Today's multiplicity c. evelop• ment groups loosely and sporadically organized Into teams will gradually give way to leaner, more unified organizations capable of con- ducting a comprehensive, long-term develop. *rnentproorinn. The %o It aloni",attitude of the �11 960's,'ind the "economic development teami" ii6c'epi of the 1970's will give'way to a fully fn'-­� ,lLijratecl approach to development organization In the .1980's. What Is The Right Approach For Your Community? The need foi Integration of economic clevelop-�*:-., p•. . .... ment efforts does not imply that any single type .of orgarilzation will be suitable for all com- munities and areas. Obviously, an organizational structure designed to meet the needs of a cluster of metropolitan communities would not be ap. r*o`: - propriate for a'Oriclorninantlynaral region. Three fundamental questions must be answered In order to design an effective economic develop - ment organization: • Whit type of 6rganizat . lo , n .. can an reconcHe the e need for*broad representation of the various community groups. Involved In economic ..;development with the need for an integrated .0. -development program? What 'type ­oP f organization can , adequately 'represent both public and private economic Tdevilopinent interests"without being subser.. vlent to iftheir? Vhi't t. f Iii Ildn ' an marshal the'• WIPS9. organ a c ecessary resources of the community to a4. -.idress the ever bi6iderilng range of Issues it faces ln'cieating new jobs? t°There are no :tried and true" formulas plicible to ill meas. Each community must find' Its own solution based on Its specific heids,* goals,'boportunities and Ilmitations.'Definind* reallsthi development goals and suggesting way's to reconcile the conflicting Interests and priorities of various local groups will be of ut. b e a 5 11 g0 s nh s s p t we e a I f g4 t fi• nd ' ay f u t - most I -oftinkeln o Plating the new unlNed economic development organization. The .' . . ; building of abroad consensus In the community will e the foundation for the success of the pro- gram. In many cases, communities will need to turn to outside experts with high credibility In the economic development process for assistance In structuring the optimal or'aniza• lion and gachieving L ensus among all the par• t,OlP t a in roup. Regardless of the specific organizational struc. lure selected, both past experience and future imperatives Indicate that certain general prin- :cIples must be observed: •. The'organiialion must not be subject to 1.1� political Influence In reality or appearance: The method of selecting board members, their' •`'terms of office and functions must be de - Signed to prevent any political faction from gaining undue Influence over the policies and !::'programs of the agency. .?,.The agency must have access to a broad siange of skills. Active participants (permanent i,-t;staff and volunteers) should include people ....knowledgeable In finance, planning, small :%tibusiness development, 'vocational training, ::e;,,1reaI estate, and marketing/public relations. t �*-The' development agency must have .`-coherent and realistic growth strategy. Even i well designed organization will flounder under conflicting pressures, If It operates on a day- to-day basis without well-defined objectives and targets The agency's programs must 6e geared to en:.;� couraging existing industry as well as attract. ,..'Ing new Industry. Local manufacturers must be made to feel that they are Involved In and Will benefit from the program. • Every organization represented ori the board ofthe agency must make a contribution to the Operating budget. This Is the most effective :,way to ensure both active support and a rt ,.*. ..participating attitude on the Paof the various ..participating groups.,... The"organization must have wide discretion In .,..Aealing with prospects. Subject to reasonable Ilmltatlons, the agency's execbtives'should be':, able to'give commitments or assurances to prospects concerning the availability and cost of publicly controlled sites, zoning, revenue .,Po9q.fJ,n:.a.ncIng, utility and road extensions, etc. ,,,, Whatever specific form of organization may be created, a community or area adopting a unified approach to economic development will max. ImIze Its chances of success In today's highly competitive environment, The transformation to an Integrated, strategic organization will Com- plete another step In the evolution of local ef- '(orts I In economic development. THE FANTUS COMPAW A PFH GrKXP COMPANY Prudential Plaza, Chicago, IL 60601 / 312-346.'1940 75 Main St., Millburn, NJ 07041 1201-3764100 �1517 City of Iowa City MEMORANDUM DATE: November 2, 1984 TO: City Council FROM: City Manage ¢u` RE: Meeting with Johnson County Board of Supervisors The Board of Supervisors has suggested the date of Wednesday, December 19, for the semi-annual meeting with the City Council. The Supervisors will be hosting and a place for this meeting has not been selected at this time. Please check your schedule to determine whether or not you will be able to attend. The Board of Supervisors will be assembling an agenda and the Council is asked to suggest topics which should be included. This matter will be discussed at an informal Council meeting. `:Ity of Iowa City ^; MEMORANDUM Date: November 1, 1984 To: City Council From: Dale Helling, Assistant City Manager Re: Council Referrals - Kirkwood Avenue and Summit Street Attached please find a copy of a memorandum from the Traffic Engineer containing recommendations for signalization of the intersection of Kirkwood Avenue and South Dodge Street. This recommendation comes as a result of an extensive study of traffic patterns on Kirkwood, Summit, Keokuk, and Dodge. The Public Works Director, the Traffic Engineer, and I met with several residents of the Kirkwood -Summit Neighborhood on Friday, October 26, 1984. At that meeting neighborhood residents expressed considerable apprehension about what might occur in the future if the current proposal, at some point in time, no longer satisifies the need for traffic control in that area. They are particularly concerned about what physical improvements, such as widening streets, might be implemented. It is the opinion of the Traffic Engineer that such improvements may be warranted in the future, if traffic volumes continue to increase, to improve the flow of North-South traffic. Regardless of these concerns about future measures, there was general agree- ment that the Traffic Engineer's recommendation for the signalization of Dodge and Kirkwood is the least offensive alternative for the neighbors. cc: Public Works Director Traffic Engineer /sp CV59 City of Iowa City MEMORANDUM Date: October 31, 1984 To: Charles Schmadeke, Director of Public Works From: James Brachtel, Traffic Engineer Re: Council Referrals - Kirkwood Avenue and Summit Street The City Council has requested that the intersection of Kirkwood Avenue and Sunnit Street be evaluated for further traffic control devices. The Traffic Engineering Division has conducted a series of traffic counts, accident studies and computer simulations. The traffic counts and accident studies were used to compare the traffic conditions of the intersection to the signalization warrants of the Manual on Uniform Traffic Control Devices (MUTCD). The computer simulation work was used to predict delay to traffic if traffic signals were installed at the intersections of Kirkwood and Summit, Kirkwood and Keokuk, and Kirkwood and Dodge. KIRKWOOD AVENUE AND SUMMIT STREET AS AN ISOLATED INTERSECTION Traffic counts were conducted at Kirkwood Avenue and Summit Street on Tuesday, July 10, 1984. These counts were compared to the signalization warrants of the MUTCO. The completed warrants and data sets for this comparison are on file at the Traffing Engineering Division. Warrant Al stipulates that there should be 500 vehicles on Kirkwood Avenue and 150 vehicles on Summit Street per hour for eight hours of a typical day. The warrant was met with Summit Street traffic just marginally meeting the eight hours. Of the eight hours which met the criteria, five of the hours ranged between 150 and 175 vehicles per hour on Summit St. The other three hours which met the criteria ranged between 175 and 200 vehicles per hour on Summit St. If Summit Street and Kirkwood Avenue were to be signalized as an isolated intersection, the installation would be a semi -actuated controller with pedestrian actuation. Semi -actuation would detect the presence of vehicles on Summit Street and give Summit traffic a green indication. It would then revert to Kirkwood for a fixed minimum amount of time. When there was no vehicular traffic .on Summit Street, the signal would remain green for Kirkwood Avenue. ADVANTAGES. There are two principal advantages to signalizing Kirkwood Avenue and Summit Street. Traffic on Summit Street would be ensured of an opportunity to turn onto Kirkwood Avenue. Pedestrians would be able to create a gap in the traffic on Kirkwood so that crossing Kirkwood Avenue would be simplified. DISADVANTAGES. There would be a significant increase in delay to traffic using Kirkwood Avenue as an east -west arterial. Simulation of the Kirkwood Avenue corridor shows that 73% of westbound traffic and 53% of eastbound traffic would be required to stop at the intersection. Eighty-nine percent of the traffic on Summit Street would be required to stop. This is a significant increase in the total delay at the intersection. The traffic on Summit Street between increase. The exact amount of the traffic on Dodge would be attracted ization at Summit Street would insure have a guaranteed gap in the Kirkwood be created by the signals. Burlington and Kirkwood Avenue would increase is not known but southbound to Summit Street because the signal - that the Summit Street traffic would Avenue traffic stream. This gap would The Summit Street bridge located just north of Kirkwood Avenue has been a difficult surface to maintain during the last 5-6 years. The increased traffic on the bridge surface would have detrimental maintenance effects. KIRKWOOD AVENUE CORRIDOR The intersection of Kirkwood Avenue and Summit Street is part of the City's arterial -collector street system. Kirkwood Avenue is an important east -west link in the City's system. Intersections of collectors near the Kirkwood Avenue/Summit Street intersection will be affected by a change in the control at Kirkwood Avenue/Summit Street. The intersections of Kirkwood Ave- nue/Keokuk Street and Kirkwood Avenue/Dodge Street were also studied. These three intersections form a complex set of traffic patterns mixing north -south traffic and east -west traffic. KIRKWOOD AVENUE/KEOKUK STREET - The traffic counts at this intersection were compared to the signalization warrants of the MUTCD. The complete warrants and data sets are on file at the Traffic Endineerino Division. Warrant 8 of the MUTCD criteria stipulate that signalization may be warranted when two or more of Warrants 1, 2 and 3 are satisfied to the extent of 80% or more of the stated values. At this location, 80% of Warrant 1 and Warrant 2 are satisfied. If Keokuk Street/Kirkwood Avenue were signalized, the installation would be semi -actuated as described above for Kirkwood Avenue/Summit Street. KIRKWOOD AVENUE/DODGE STREET - Traffic counts were conducted at the intersec- tion of Kirkwood Avenue and Dodge Street. The counts were compared to the Criteria of the MUTCD. It was found that Warrant 1 was satisfied. (The complete warrants and data sets are on file at the Traffic Engineering Division.) Warrant 1 criteria stipulate that there should be 500 vehicles on Kirkwood Avenue and 150 vehicles on Dodge Street per hour for eight hours of a typical day. The warrant was met with Dodge Street having over 200 cars per hour for seven hours and over 300 cars per hour for one hour. a159 If the three intersections were compared to determine which intersection should be signalized first; the intersection of Kirkwood Avenue/Dodge Street would be the first choice based upon the amount of traffic entering the in- tersection from the minor approach. These three intersections form a complex mixing point for traffic moving north -south and east -west. Traffic which is northbound from K -Mart and the residential area south and east of K -Mart use Keokuk as a northbound collec- tor. When the traffic arrives at Kirkwood Avenue, the traffic may continue north by either turning right and traveling to Summit Street or turning left and traveling to Dodge Street. The choice is influenced by the location of the destination and the amount of traffic on Kirkwood Avenue which must be crossed. The amount of northbound traffic on Keokuk Street will increase in the years ahead. This increase will be caused by new residential development now becoming available south of K -Mart. Also, a large tract of land south and east of K -Mart is zoned commercial and is ready for development. As the commercial development occurs, this area will become a generator of addi- tional traffic on Keokuk Street and the Kirkwood Avenue corridor. Southbound traffic has two paths from the north - Summit Street and Dodge Street. Both of these collectors are attractive links to the south - linking Keokuk Street, K -Mart and the south central residential and commercial areas and to the southeast linking Lower Muscatine Avenue, Sycamore Mall, Eastdale Mall and the southeast residential and commercial areas. The southeast commercial area will continue to expand as an employment center. Access to these areas of Iowa City are focused through the three principal intersections of Kirkwood Avenue with Dodge Street -Keokuk Street -Summit Street. These three intersections do not function as isolated intersections. Changes at one intersections will affect the operation of the other two intersections. RECOMMENDATIONS The intersection of Dodge Street/Kirkwood Avenue should be signalized. Of the three intersections measured, this intersection best meets the warrants of the MUTCD. Signalizing this intersection is more advantageous than signalizing Summit Street/Kirkwood Avenue. The Dodge Street railroad bridge is superior to the Summit Street bridge. The Dodge Street bridge is a four -lane bridge and has twice as much capacity as the Summit Street bridge. The Dodge Street bridge is structurally more sound than the Summit Street bridge. Dodge Street is four lanes wide. This width allows for more vehicular capacity both northbound and southbound. Dodge Street is a natural extension of the city's north -south one-way arterial pair. The north -south tie with Keokuk Street will be better than the Summit Street tie. The intersections of Kirkwood/Keokuk and Kirkwood/Summit should continue to be monitored. Signalization may be needed in the future if the accident warrant is met. Ultimately signalization alone will not be sufficient to accommodate continued growth. At some time in the future improved physical conditions will be necessary to enhance vehicular movements in the North- South Corridor. The City should plan now for necessary future improvements in order to minimize costs and disruption to existing neighborhoods. ais9 r. City of Iowa City MEMORANDUM Date: October 31, 1984 To: City Council From: Dale Helling, Assistant City Manager Re: Coralville Milldam Water Power Project Attached please find a copy of the application submitted by Shive-Hattery Engineers on behalf of the City for a preliminary permit for the above referenced project. It is estimated that it will take approximately 6-8 weeks for the Federal Energy Regulatory Commission to process the applica- tion. Preliminary permits are issued on a competitive basis. Therefore, the City should not commit funds to the determination of the feasibility of this project until after a preliminary permit is issued. In the interim, this matter will be scheduled for discussion at an informal council meeting at which time representatives from Shive-Hattery will be present to further explain this concept and the processes involved, and to provide preliminary cost estimates for both the study and the implementation phases. If you have any questions regarding this matter, please contact me. jj2/1 cc: Thomas Hayden, Shive-Hattery Engineers Mike Rocca, Chairperson, Johnson County Conservation Commission City Manager Public Works Director a/(o 6 RECEIVE' r.I719M BEFORE THE FEDERAL ENERGY REGULATORY t 'COMMISSION c APPLICATION FOR PRELIMINARY PERMIT FOR HYDROELECTRIC FACILITIES AT THE CORALVILLE MILLDAM ON THE IOWA RIVER IN JOHNSON COUNTY, IOWA I i SHIVE-HATTERY & ASSOCIATES SHIVE-HATTERY ENGINEERS 6236 North Brady Street PO Box 4438 Davenport. IA 52608 319.391.4412 Secretary Kenneth Plumb Federal Energy Regulatory Commission 825 North Capitol Street Washington, D.C. 20426 Dear Secretary Plumb: Davenport Rock Island Dubuque Iowa City Cedar Rapids Des Moines October 23, 1984 Re: Coralville Milldam Water Power Project Iowa River Johnson County, Iowa We are transmitting herewith the Application for a Preliminary Permit for the Coralviile Milldam Water Power Project on behalf of the City of Iowa City, Iowa. Attached is a letter from the attorney for the City of Iowa City, Iowa, which documents that this agency meets the requirements of the definition of a "municipality" under the terms of the Federal Power Act. Also attached are copies of parts of Chapters 362 and 388 of the Code of Iowa. Please contact us regarding all technical matters in connection with this application. We would appreciate receipt of a copy of your notification of approval of the Preliminary Permit so that we may proceed with the Feasibility Study for the proposed project. We appreciate your prompt attention on this matter. TMH/ kje 0 Sincerely yours, SHIVE-HATTERY ENGINEERS Thomas M. Hayden, P.E. CIVIL - INDUSTRIAL - ELECTRICAL - MECHANICAL - STRUCTURAL - GEOTECHNICAL - ENVIRONMENTAL - TRANSPORTATION ai�o RE� Illcr _•- 1 0 �nqi NOTARIZED STATEMENT STATE OF COUNTY OF Johnson Count Ma or, John McDonald Civic Center 410 East Washin ton Iowa City. Iowa 52240 being duly sworn, depose(l) and say(%) that the contents of this application are true to the best of my knowledge of belief and that (check appropriate box) is(are) a citizen(s) of the United States all members of the association are citizens of the United States R( he is(INN) the duly appointed agents) of the City of Iowa Lity Iowa and has signed this application this _,day of �_ 198_ �ofyor,Citywa City, Iowa By — Subscribed and sworn to before me, a Notary Public of the State of Iowa_ this day of /SEAL/ otary Public a�Ga Or IOWA CITY CITY 1WA 52240 (319) 35° 5000 CNIC CENTER 410E WASHINGTON ST 10M, CRY. 1 O October 18, 1984 Shive-Hattery Engineers Highway 1 & Interstate 80 P.O. Box 1050 Iowa City, Iowa 52244 Attention: Mr. James L. Shive Re: Coralville Mill Dam Proposed Hydroelectric Project Dear Mr. Shive: Pursuant to your request, I am furnishing you with this let- ter which is intended to state that the City of Iowa City is a "municipality", as that term is defined in 16 U.S.C., Sec. 796(7). It is my understanding that you are submitting a preliminary permit application on behalf of the City of Iowa City to the Federal Energy Regulatory Commission and that this letter is required. The City of Iowa City is clearly a "municipality" as that term is defined in 16 U.S.C., Sec. 796(7). As a municipality the City of Iowa City is competent under the laws of the State of Iowa to carry on the business of developing, transmitting, utilitizing or distributing power. Chapter 388 of the Code of Iowa 1983 provides that a city may establish, acquire, lease or dispose of a city utility. In addition, Chapter 384.24(4) of the Code of Iowa 1983 provides for the acquisition of city utilities. As a municipality the City of Iowa City should be entitled to a preference pursusant to 16 U.S.C., Sec. 800(A)'. very truly yours, Rob rt W. Jan en City Attorney RWJ:jb VOLUME II CODE OF IONVA 1983 .... CONTAINING ALL STATUTES OF A GENERAL AND PERMANENT NATURE To and including the Acts of a permanent nature of the Sixty-ninth General Assembly, 1962 ' SERGE GARRISON ACTING CODE EDITOR WAYNE A. FAUPEL CODE CONSULTANT 'PHYLLIS BARRY DEPUTY CODE EDITOR PL'BUSHED BY THE STATE Or IOWA L.?DER A17110HIrV OF CHAPTER 14 HEREOF I TITLE XV CITY GOVERNMENT tThu IiJr ronWv IM Nomr R.I. An al NCA u.n.rnsal ' rm W brie Driai b Jd> 1, 19]5, yr LIW. <A IDI, iLL-11] CHAPTER 362 DEFINITIONS AND MISCELLANEOUS PROVISIONS f4f.nrd b in a])il ' ;e• 7621 Citation. This chapter and chapters 364, j i;;:.166,372, 376, 380, 384, 386 and 392 maybe cited as the • '-'-"VIY Code of lova". C75, 77, 79, 81, 362.1 13622 Defiailions.As used in the city code of Iowa, 'T miss the content otherwise requires: ' 91 'City' means a municipal corporation,' but not Iadoding a county, township, school district, or any Redai•purpose district or authority. When used in T,{ nblion•to land wen 'city' includes only the uea is thip the city limits. •' "I.d.e. w„r inawrpa,.ua D,;n, b adr s. son .. ' is'• 'City code- means the city code of Iowa. : jy S 'Council' means the governing body of a city. •'Cmnril member means a member of a eoun- I •�TIncluding an alderman L 'Clerk' means the recording and record-4eep- i'�4 `officer of a city regardless or title. f'Secretory' of a utility board means the '^ill-"mtdiog and recurd•keeping officer of the utility ' .%at•C :eg.rdteai of title. •-.+• 7• 'Charm mems the form of government se. a •`t-4ectell by a city as provided in chapter 372. •'-�L 'Officer* means s natural person elected or ap- g'—'7S�ti I to a fixed term and exercising some portion 11 power of a city. H!-' it 'Person' means an individual, firm, partner - MZ. -domestic or foreign corporation, company, asso- ^"�lon or joint slay association, trust, or other legal t may, and includes a trustee, receiver, assignee, or *'';*-lar representative thereof, but does not include a `��s+amental body. - l0. Governmental body' means the United le, of America or an agency thereof, a stale, ■ subdivision of a state. a hol r •^✓�5lw authority, a public district, orany ortF epurrpub• U_!WY. 11. 'Shall' imposes a duty. 12. 'Mwt* states a requirement. 13. 'May' confers a power. '• 14. 'Property; 'real property; and 'personal property' have the same meaning as provided in sec. tion 4.1. 15. Qualified elector' means the same ai it is de• fined in section 39.3, subsection 2. 16. 'Eligible elector' means the same as it is defined in section 39.3, subsection 1. 17. 'Afeasuri means an ordinance, amendment, resolution, or motion. 18. 'Ordinance' means a city law of a general and permanent nature. 19. 'Amendment' means a revision or repeal arm existing ordinance or code of ordinances., 20. 'Resolution' or 'motion' means a council statement of policy or a council order far action to be taken, but 'motion' does not require a recorded vote. 21. 'Recorded cafe' mems a record, roll call vote. -12. 'City utility' means all or part of a water. works. gasworks, sanitary sewage system, electric light and power plant and system, at healing plant any of ,which are owned by a city, including all land, ease• mints, rights of way, fixtures, equipment, accessories, improvrmenty, appurtenances, and other property necessary or useful for the operation of the utility. 23. Administrative agency' means an agency es. tablished by a city for any city purpose or for the administration of any city facility, as provided in chapter 392, eactpl a board established to administer e municipal utility, a toning commission and zoning board of adjustment, or any other agency which is controlled by state law. An administrative agency may be designated as a board, board of trustees, commis• sion, or by another title. Iran agency is advisory only, such a designation must be included in its title. IC50, 1391A.1; C54, 56, 62, 66, 71," 3,13r,3A.2,391 A.1; C75, 77.79. 81, 1362.2) Rdmrd b in JIM 1. ]fo 1, »1s ai4v •. •.. .. .. tom.- •. .. .. 1621 Citation. '• • - ' 362.6 Conflict of interest. 1622' Definitions. •- 362.7 Prior measures valid. 1=1 Publication of notice 362.8 Construction. 1124 Petition of eligible electors. •• 362.9 Appliutihn of city coda 1625 'Contract' defined. 362.10 Police officers and fire tighten. ' • . ;e• 7621 Citation. This chapter and chapters 364, j i;;:.166,372, 376, 380, 384, 386 and 392 maybe cited as the • '-'-"VIY Code of lova". C75, 77, 79, 81, 362.1 13622 Defiailions.As used in the city code of Iowa, 'T miss the content otherwise requires: ' 91 'City' means a municipal corporation,' but not Iadoding a county, township, school district, or any Redai•purpose district or authority. When used in T,{ nblion•to land wen 'city' includes only the uea is thip the city limits. •' "I.d.e. w„r inawrpa,.ua D,;n, b adr s. son .. ' is'• 'City code- means the city code of Iowa. : jy S 'Council' means the governing body of a city. •'Cmnril member means a member of a eoun- I •�TIncluding an alderman L 'Clerk' means the recording and record-4eep- i'�4 `officer of a city regardless or title. f'Secretory' of a utility board means the '^ill-"mtdiog and recurd•keeping officer of the utility ' .%at•C :eg.rdteai of title. •-.+• 7• 'Charm mems the form of government se. a •`t-4ectell by a city as provided in chapter 372. •'-�L 'Officer* means s natural person elected or ap- g'—'7S�ti I to a fixed term and exercising some portion 11 power of a city. H!-' it 'Person' means an individual, firm, partner - MZ. -domestic or foreign corporation, company, asso- ^"�lon or joint slay association, trust, or other legal t may, and includes a trustee, receiver, assignee, or *'';*-lar representative thereof, but does not include a `��s+amental body. - l0. Governmental body' means the United le, of America or an agency thereof, a stale, ■ subdivision of a state. a hol r •^✓�5lw authority, a public district, orany ortF epurrpub• U_!WY. 11. 'Shall' imposes a duty. 12. 'Mwt* states a requirement. 13. 'May' confers a power. '• 14. 'Property; 'real property; and 'personal property' have the same meaning as provided in sec. tion 4.1. 15. Qualified elector' means the same ai it is de• fined in section 39.3, subsection 2. 16. 'Eligible elector' means the same as it is defined in section 39.3, subsection 1. 17. 'Afeasuri means an ordinance, amendment, resolution, or motion. 18. 'Ordinance' means a city law of a general and permanent nature. 19. 'Amendment' means a revision or repeal arm existing ordinance or code of ordinances., 20. 'Resolution' or 'motion' means a council statement of policy or a council order far action to be taken, but 'motion' does not require a recorded vote. 21. 'Recorded cafe' mems a record, roll call vote. -12. 'City utility' means all or part of a water. works. gasworks, sanitary sewage system, electric light and power plant and system, at healing plant any of ,which are owned by a city, including all land, ease• mints, rights of way, fixtures, equipment, accessories, improvrmenty, appurtenances, and other property necessary or useful for the operation of the utility. 23. Administrative agency' means an agency es. tablished by a city for any city purpose or for the administration of any city facility, as provided in chapter 392, eactpl a board established to administer e municipal utility, a toning commission and zoning board of adjustment, or any other agency which is controlled by state law. An administrative agency may be designated as a board, board of trustees, commis• sion, or by another title. Iran agency is advisory only, such a designation must be included in its title. IC50, 1391A.1; C54, 56, 62, 66, 71," 3,13r,3A.2,391 A.1; C75, 77.79. 81, 1362.2) Rdmrd b in JIM 1. ]fo 1, »1s ai4v s_ 1 :c - ?L -L -.. 'i. -•.c•,',1111 L x11.1.4% 1(it's IT !'-% 15: (,SS 3623 PulLh tl;oc of 061irrx. llnlruuthrrwisr pro I. If Lot;. r 4f 4F , .., I,uM1, L, el;Of.. of Dlld'r official action is t4,4ward by ti,e oily rode, l Iw nu6ct must be published of hast unci, not lees than four nor more than twenty days Wore she date of the election, hem• ing,ol othtr action. 2. A pub!iea:iur, required by the city coda must be in a newspaper published as bast once wttkly and having general circulation in the city. However, if the city has a population of two hundred or less, or in the cast of ordinances and amendments to bt published in a city in which no newspaper is published, a publi. cation may In, made by posting in three public places in the city which have been permanently designated by urd;nanre. )R60, 11133; C73, 1;92; C97, §686, 687; C24, 27, 31, 35, 1&720, 5721, 5721 -al; C39, e5720, 5721,5721.1;C46. 50,1366.7-366.9; C54, 58, 62, 66, 71, 73, §366.7; C75, 77, 79, 81, §062.31 , 14NI.M b b 137.4, 33015,1/1.311, 3&4 7.3U 12. 3(43, 3611!.36610, 3n9,37213.3763.M3,MI. lma. 35412, W 16.3N.rl,JM13, 145, 331 40, 364 W.." W. 3M U. 34 K. 34102. MI. 3927, 404.147]11.1 362.4 Petition of eligible electors. If a petition of the voters is authorized by the city code, the petition is valid if signed by eligible electors of the city equal in number to ten percent or the persons who voted at the last preceding regular city election, but not less than ten persons, unless otherwise provided by state law' 1C75, 77, 79, 81, §362.41 " W . -ed b b 1=17.37.2,13112. M17. 3&4.137211, 376.7, 314.7, Sat 12. Was. 3861393.3 362.5 "Contract" defaced. Wines, used in this sec- lion,'contract' means any claim, account, or demand against or agreement with a city, express at implied. A city officer or employee shall not have an interest, direct or indirect, in any contract or job of work or material or the profits thereof at services to be fur- nished or performed for the. officer's cir employee's city. A contract entered into in violation of this section is void. The provisions of this section do not apply to: 1. - The payment of lawful compensation of a city officer or employee holding more than one city office or position, the holding of which is not incompatible with another public office or is not prohibited by law. 2 The designation of a bank or trust company az a depository, paying agent, or for investment of funds. - 3. An employee of a bank or trust company, who serves as treasurer of • city. 4. Contracts made by a city of less than ten thou- sand population, upon competitive bid in writing, publicly invited and opened. 5. Contracts in which a city officer or employee has an interest solely by reason of employment, or ■ stock interest of the kind described in subsection 9, or both, if the contracts are made by competitive bid, publicly invited and opened, and if the remuneration of employment will not be directly affected as a result' of the contract and the duties of employment do not directly involve thi procurement or preparation of any pari of the contract The competitive bid require- ment of this subsection shall not be required for any contract for. professional services not customarily awarded by competitive bid. 6 Tl„ b :-r.A! of h, orr•n•' neu•pnper. i A r. -••t-s is. v h,:rt ri„ er5•. rr n, trtq,l. i ha, at. ir.:t:es: if it., run:rn:1 wa,, M.A. beton L time hr %a, eft.• ed or a),puinIrd, but the curio, 4 may not lo renwtd B. Gm:raeu with vnluntter firtmen or civil frnsc vo!u-:ten. 9. A contract with 6 curpo:a:iun in which a officer or r...plryrt has an interest by reason of att�- holdings when has than five peon of the outst ted" ins stocl. of the corporation it owned or eonttogd_ directly or indirectlyby the officer or employee ortb-, spouse or immrdiatt family of such officer or emplt7,- ee. 10. A contract made by rempetitive bid, pub5dj • invited and opened, in which a member of a city bou4 of trustees, commission, or administrative agenq• an interest if he is not authorized bylaw to participttU. in the awarding of the contract The competitive bd; requirtmenl of this subsection dots not apply to "- contract for professional services not eustomar0y-' awarded by competitive bid. )R60,11122; C73, 14NV C97, §943; S13,1665, 879•q, 1056•a31; C24, 27, 31, 3y;•' 39, §5673,6534.67)0;C46. 50, 9363.47, 4116.58.420.2k4 C54,58, 62, 66, 71, 73, 5368A.22; C75, 77, 79, 844 §362.5) a tfand 4 an t3n13 sima4t 9�a•�lom lies, US 3, a6]. x2.10, 314.1. 111.31]. Li.ly, 40.16. nus' . a 362.6 Conflict of interest. A measure voted upon *' not invalid by reason of conflict of interest in ano: eer of a city, unless the vote of lht officer was decisivi to passage of the measure. If a specific majority or unanimous vote of a municipal body is required by statute, the majority or vole must be computed on the basis of the number of officers not disqualified by reason of conflict of interest However, a majority of all members is required for a quorum. For the par. poses of this section, the statement of an officer that he declines to vote by reason of conflict of interest 6 conclusive and must be entered of record. iC71, 73, §368A.25; C75, 77, 79, 81, 1362.6) 362.7 Prior measures valid. A valid measure adopted by a city prior to July 1, 1975, remains valid unless the measure is bitconcilable with the city cod& 1C75, 77, 79, 81, 536271 362.8 Comtruction.The city code, being necessary for the public safety and welfare, shall be liberally construed to effectuate its purposes. 1C75, 77, 79, 81, §36281 3629 Application of city code. The provisions or this chapter and chapters 364, 368, 372, 376, 380, 381; 388 and 392 are applicable to all cities. 1C75, 77, 79, 81, §362.91 ' -• : •• 362.10 Police officers and fare fgbiers. The maxi•, mum age for a police officer or fare fighter employed for police duty or the duty of fighting fares is sixty-five years of age. This section shall not apply to volunteer, fare fighters. 1C35, §632646; C39, 16326.08; C46, 50, 54, 58,62,§411.6; C66,71,73,75,77,79,§410.6,411.6; CBI, 9362.10) suunes, and it,' most I11pr4prlatt Waite' for the rr.nt "'I'll'ation 3. 'I•hr cs•:::n.rttr shall pmn'idt simple and direct form, fur applit at i,.ns for lhr wants. Thr apphraliuns shall include Me following' o. A descriptlun of the process followed in accord• Once with tub.reuon 2. b. A dr.cripliur, of lila project and the plana for the completion of the project. e. A statement as tow'hythe particular project was selected from Amon; the other community needs, d. A statement As to the effect of the project upon the community. e. A statement of the other resources available for the project.IC79, 81, E3B7.3) A.ennd bin FL]J 387A Approval of grants. The committee shall al. locate the funds to the applicants based on the extent to which the project is actually a self-help activity, 'h h lh members of the community and the sur. pt -rd u. for App6r elian. Thr committee sEA: e ttr..7t.:ic: e,::,iduratiun of the prim erik,,• •cote.., ar. even d,•tr ibut;ue amunr cities o: d,h_r,p „ popu!a:r ns and an even rrn,•ophic di•iinbutiv;,C the manta A - Tran.: shat! no: eseeed Da vt thousand dulls, r shat: it exceed forty percent of the tnual cast e: tj. _ project A rrani shall not be approved by the aea�;, :• a lee ur.%,i a gran: and the other as•ailab!t rtsosa• - 1 equal the totel cost of the project. The other aysZ, resourrr! may include. donetinns of monry, gouda ae , -• services which shall be included in the eomputatioe at ; the cost of the project, but shall not include any funds ren ivied from tilt federal government. IC79, 6L ; §387.1) 367.5 Warrants. The stale comptroller is aut6>'y rixtd and directed to draw warrants for the pur;,..:, stated it. this chapter upon the vouchers of the w et er t person of the committee. IC79, 81, §387.5) rounding area if appropriate, are involved in the de- 367.6 Initial Appointees. In mala termination of the low) needs, whether there is local ointments of the members of the n implementation of the development needs, and, rip whether there is local participation in the activity.' section 387.2, subsection 1, the govti The committee may request the recommendation of three members to terms oftwo year an appropriate public or private agency organized terms of four jeers, and two mtmbi uhder chapter 28E or 473A regarding the project pro- years. IC79, 81, §387.61 CHAPTER 388 CITY UTILITIES 388.1 Definitions. As used in this chapter: 1. 'Combined utility system' means the same As defined in section 381.80. 2. 'Utility board' or 'board' means a board of - trustess established to operate a city utility, city utili- lies, or a combined utility system.,A single utility board may operate more than one city utility even though such city utilities ere not a combined utility system. IC75, 77, 79, 81, 1388.11 388.2 Submission to, voters. The proposal of a city to establish, acquire, lease, or dispose of a city utility, excepts sanitary sewage system, in order to undertake or to discontinue the operation of the city utility, or the proposal to establish or dissolve a combined utility system, or the proposal to establish or discontinue a utility board, is subject to the approval of the voters of the city, except that a board in by resolution of the council when t utilities, or combined utility syste disposed of or leased for a period The proposal may be submitted; city election by the council on its receipt of a valid petition as dern requesting that a proposal be cubo the council shall submit the proper! lar cit election. A proposal for the establishmer must specify a board of either tlui U a majority of those voting f proposal approves the pidposal, l) as proposed. - if a majority of those voting I proposal does not approve the pr 'Definitions. 388.5 Control of lai revenues. 398.1 386.6 Discrimination in rates. 386.2 Submission to voter Procedure upon approval •••.s •' 398.7 Prior utility bond. 388.3 388.4. Utility bond. - , • r " 358.8 Easement continuance: 388.1 Definitions. As used in this chapter: 1. 'Combined utility system' means the same As defined in section 381.80. 2. 'Utility board' or 'board' means a board of - trustess established to operate a city utility, city utili- lies, or a combined utility system.,A single utility board may operate more than one city utility even though such city utilities ere not a combined utility system. IC75, 77, 79, 81, 1388.11 388.2 Submission to, voters. The proposal of a city to establish, acquire, lease, or dispose of a city utility, excepts sanitary sewage system, in order to undertake or to discontinue the operation of the city utility, or the proposal to establish or dissolve a combined utility system, or the proposal to establish or discontinue a utility board, is subject to the approval of the voters of the city, except that a board in by resolution of the council when t utilities, or combined utility syste disposed of or leased for a period The proposal may be submitted; city election by the council on its receipt of a valid petition as dern requesting that a proposal be cubo the council shall submit the proper! lar cit election. A proposal for the establishmer must specify a board of either tlui U a majority of those voting f proposal approves the pidposal, l) as proposed. - if a majority of those voting I proposal does not approve the pr 049 sir.:lar propose: may r.ot be tubmittrd to the voters • •s, r,ty in, at lest four years from the date of the Iretion d which the proposal was defeated. IC73, ,471; C97, §720. 721; 513, §720, 721; C24, 27, 31.35, ;7, §6131-6133, 6144; C46, 50, 54, 56. §397.53973. b7.29, C62. 66, 71, 73, §397.5-397.7. 397.29. 397.43; �,5. 77, 79, 81, §396.21 388.3 Procedure upon approval. If a proposal to establish a utility board receives a favorable majority vote• the mayor shall appoint the board members, as provided in the proposal, subject to the approval of the council The council shall by resolution provide for s•.aggerd six-year term$ for, and shall set the compen. sation of, bond mtmbers. A board member appointed to fill a vacancy occur - her ring intedason for thte balance expiration by of the unexpired d teor a rtm. is +ppo A public officer or a salaried employee of the city .nay not - C24 27, §6147, 6148, 6on a utility 157; C31. . IC974 35,7§6147, 6148,�1557. 6943.001-116943.003; C46, 50. � 1 54, 58. 62, 66, 71, 73, 1397.32. 397.33, 398.8. 420.29720.299; C75, 77. 79, 81 §388.39 388,4 Utility board. The title of a utility board must be appropriate to the city utility city utilitia. or combined utility system administered by the board. A utility board maybe a party to legal action. A utility board may exercise all powers of a city in relation to the city utility city utilities, or combined utility sys• Sam it administers, with the following exceptions: 1. A board may not certify Was to be levied, pass ' ordinances or amendments, or issue general obligation or special assessment bonds. 2. The title to all property of a city utility or com• bintd utility system must be held in the name of the City but the utility board has all the powers and au• tborilies of the city with respect to the acquisition by purchase, condemnation, or otherwise• lease• sale, or • other disposition of such property, and the manage• went, control, and operation of the same, subject to the requirements, terms• covenants, conditions, and provisions of any resolutions authorizing the issuance of revenue bonds• pledge orders• or other obligations +:hich are payable from the revenues orthe city utility or combined utility system• and which are then out- standing. annual report, inclcouncill make to the uding a complete late. meet 4. Immediately following •use regular or epeeist utility ndensed statement of the of the Prepare gs of theboard Mcause the statement to be published in a newspa- per of general circulation in the city. The statement =tact include a list of all claims allowed• showing the name of the person or firm making the claim, the ,son for the claim, and the amount of the claim. CITIUI1LITIES.S3.45.8 Salary claims must show the grai amount of the claim except that salaries paid to persons regularly employed by the utility, fur services regularly per- formed by them, must be published once annually showing the gros! amount of the salary. In cities hav- ing more than one hundred fifty thousand population the utility board shall each month prepare in pamph- let form the statement herein required fat the pteced. ing month, and furnish copies to the city library the daily newspapers of the city the city clerk, and to persons who apply at the office of the secretary, and the pamphlet shall constitute publication as required. Failure by the secretary to make publication is a sim• pre misdemeanor. IS13, §I056•e7, •c24; C24, 15678, 6149; C27, 31, 35, §5676-a2. 6149, 6159.81; C39, 6 5676.2, 6149, 6159.1; C46, 50, §363.52, 397.34, 398.11; C54, 58, 62. 66, 71, 73, §368A.7, 368A.24, 397.34, 398.11; C75, 77, 79,81, §388.41 388.5 Control of lax reveouts. A utility board shall control tax revenues allocated to the city utility, city utilities• or combined utility system it administers and all moneys derived from the operation of the city utili- ty, city utilities, or combined utility system, the sale of utility property, interest on investments, or from any other source related to the city utility, city utili- ties, or combined utility system. All city utility moneys received must be held in a separate utility fund, with a separate account or ac- counts for each city utility or combined utility system. • if aboard administers • municipal utility or combined utility system, moneys may be paid out of that utility account only at the direction of the board. IC97, §748; 03§363'50, 398.9;X39.§5676,6158;C46. 54, 58, 62,66571,1 1 73,§ 6 A,6. 398.9 C75, 77, 79, 81, 5388.5] . 388.6 Discrimination in rales. A city utility or a combined utility system may not provide use or serv- ice at discriminatory rate, except to the city or its agencies, as provided in sectidn 384.91. IC75, 77, 79, 81,§398.61 .. 388.7 Prior utility board. Autility board function - Ing on the effective date of the city code shall continue to chapter. and on tadiscontinued provided and hasalllthe powers granted this chap- ter. Nothing in the city code shall be construed to allow the abrogation of any franchise. IC75, 77, 79. 81. §398.71 388.8 Easement cootiouance. if a city exercised a right to an easement on properly before January 1, 1950, for the establishment of water, sewer, or gas or power lines; the city has acquired the right to exercise e continuing easement on that properly to the extent necessary for repair and maintenance of those lines. 181 Acta, ch 129, 111 BEFORE THE FE. �1L ENERGY REGULATORY COMMISSIOI APPLICATION FOR PRELIMINARY PERMIT 1. The City of Iowa City, Iowa , applies to the Federal Energy Regulatory Commission for a preliminary permit for the proposed Coralville Milldam Water Power Project, as described in the attached exhibits. This application is made in order that the applicant may secure and maintain priority of application for a license for the project under Part I of the Federal Power Act while obtaining data and performing the acts required to determine the feasibility of the project and to support an application for a license. 2. The location of the proposed project is: State of Territory Iowa County Johnson Township or Town West Lucas Township Stream or other body of water Iowa River 3. The exact name, business address, and telephone number of the applicant is: City of Iowa City Civic Center 410 East Washington Iowa City, Iowa 52240 319/356-5000 or 319/356-5041 The exact name, and business address, and telephone numberof each person authorized to act as agent for the applicant in this application is: John McDonald, Mayor City Of Iowa City Civic Center 410 East Washington Iowa City, Iowa 52240 319/356-5000 or 319/356-5041 All correspondence should be directed to: Thomas M. Hayden, P.E. Shlve-Hattery Engineers P.O. Box 4438 Davenport, Iowa 52808 Phone: (319) 391-4412 4. The City of Iowa City, Iowa, is a "municipality" as defined by the Federal Power Act (see letter attached from City Attorney.) 5. The proposed term of the requested permit is 18 months. 6. The owner of the dam is: Johnson County Conservation Board R.R. 2 Oxford, Iowa 52322 7. The following exhibits are filed herewith and are hereby made a part of this application: Exhibit i - Description of the Proposed Project Exhibit 2 - Study Plan and Work Schedule Exhibit 3 - Costs and Financing Exhibit 4 - Maps 11216 a EXHIBIT 1 - DESCRIPTION OF THE PROPOSED PROJECT (1) The Coralville Milldam was completed in 1922 along with a powerhouse for generating electricity. The existing dam is 14 feet high with a 295 feet long concrete main channel section, a 250 feet long concrete emergency spillway and a 200 feet long earth embankment. The dam is an overflow type with no gates. Hydroelectric power was generated at the dam until 1969. The powerhouse has been converted to a restaurant and equipment originally used for generation has been removed. The existing dam is in fair condition, but needs some restoration work to stop deterioration. The proposed project will utilize only the dam and not the original powerhouse. The dam will be repaired as necessary to stop deterioration. (2) The dam is a run -of -the -river facility with no flood storage capacity. The normal pool elevation would tie raised three feet by flash boards after completion of the proposed hydroelectric facility. (3) The proposed hydroelectric project will connect via overhead lines to a substation located approximately 1,200 feet southwest of the plant site. A more detailed analysis of the condition of the interconnection facility will he made during the feasibility study, (41 Based on a 12 foot hydraulic head, the proposed hydroelectric facility would consist of five 200 kw submersible type turbine generating units. This facility would produce an estimated average annual energy of 5,100,000 KWH. (5). There are no lands of the United States within the project boundary. (5). The applicant believes that in addition to utilizing in an economic manner the renewable hydroelectric resource available at Coralville Milldam, the energy generated at the proposed plant would displace the need for consuming approximately 7,300 barrels of oil annually. "HIBIT 2 - STUDY PLAN � AND 14ORK, SCHEDULE (1) The applicant has contracted with Shive-Hattery Engineers to develop the hydroelectric power at the Coralville Milldam. Phase I of this study includes development of this document. (a) The Feasibility Study will include, investigations, tests and surveys to determine the technical, economic, and financial feasibility of the pro- posed project, taking into consideration its environmental impacts, in support of an application for license for the project: i) analysis of available river flows and operation of the project work. ii) estimate of the dependable capacity and average annual energy output to be generated by the project, including an analysis of how the project output will be utilized. iii) preparation of a general map showing the site location; structures and other features of the project; transmission lines, substations, and switchyards which will become part of the proposed works; infor- mation concerning other features in the vicinity of the proposed development. iv) preparation of the detail map covering the entire project area showing essential details of surveys; elevations tied to benchmarks; project boundaries; status of ownership of affected lands; location of all project works; contour lines. V) preparation of general design drawings, based on project preliminary (feasibility -level) design, showing plans, elevations, and sections of all principal structures and appurtenant works of the project. These drawings will be accompanied by documentation of the details of foundation exploration and laboratory tests of materials, which will be undertaken by the applicant. Results of stability analyses and hydraulic studies will also be documented and will accompany the general design drawings. 2-1 .;?/bd vi) selection of and neneral description of the mechanical, electric, ;,nd transmission equipment and apparatus. Proposed ratings for the major equipment will be included in this description. vii) estimate of cost for developing the proposed project. Estimates will show quantities, unit costs, and total costs. Allowances of contingencies, overhead, and general expenses will be shown, as applicable. viii) development of a detailed schedule for carrying out the final design, equipment purchase, construction, and initial operation of the project. ix) preparation of a report on the effect, if any, of the project upon the fish and wildlife resources in the project area and proposals for measures considered necessary to conserve and, if practicable, to enhance fish and wildlife resources affected by the project. . X) analysis of why the applicant can develop and operate the proposed project in a manner best adapted to a comprehensive overall develop- ment of the available water resources. xi) analysis of the manner in which any power or energy to be developed by the project will be utilized as a part of the electric system of others with which the applicant will electrically interconnect and coordinate. xii) development of a map, text, photographs, and drawings as necessary to describe the location of, and architectural design, landscaping, and other treatment to be given to the project works, including compliance with FERC "Guidelines for the Protection of Natural, Historic, Scenic, and Recreational Values in the Design and Location of Rights -of -Way and Transmission Facilities," in the interest of protecting and enhancing the natural, historic, and scenic values and resources of the project area. xiii) preparation of an environmental report in accordance with the Appendix A Guidelines, pertaining to Sections 2.80 and 2.81 of Title 18 of the Code of Federal Regulations, or in,accordance with other rules effective at the time the applicant files an application for license for the project. 2-2 (b) No new roads are anticipated to be required for development of the feasibility study. (2) Field studies, tests, and other activities are not expected to alter or �I disturb lands or waters in the vicinity of the proposed project. The applicant plans to initiate consultations with federal, state, and certain local agencies early in the process of carrying out studies in support of an application for license for the project, in order to enlist their cooperation and to expedite review by having already incorporated preliminary suggestions of those agencies into the plans for developing the proposed project. The applicant intends to consult with the following agencies: Iowa Conmerce Commission State of Iowa Department of Conservation Iowa Department of Water, Air and Waste Management Regional Environmental Officer, Department of the Interior Regional Director U.S. Fish and Wildlife Service Regional Representative, Department of Energy Regional Administrator, Environmental Protection Agency U.S. Geological Survey, District Office FERC Regional Engineer, Chicago - (3) Proposed Schedule: (a) If there are no unforeseen problems in carrying out the work, the applicant proposes to complete the studies, investigations, tests, surveys, maps, and plans identified under subparagraph (1) in a period of about six months, 2-3 C2/� d (b) The applicant expects It would determine finally that the project is or is not technically, economically, or financlally feasible, taking into consideration its environmental impacts, within a period of six months or less (giving time for review and to assure financing on schedule if It is determined that the project is feasible) after completing the studies, investigations, tests, surveys, maps, and plans identified under subparagraph (1). If it initially appears that there are impediments to feasibility of the project, that period should also permit the applicant to determine whether impediments to feasibility can likely be removed within the period of the permit. (c) The applicant expects it will file an application for license for the project within six months after finally determining that the project is feasible. 2-4 '21w Q t EXHIBIT 3 - COSTS AND FINANCING (1) The estimated cost of carrying out or preparing the studies, investigations, tests, surveys, maps, and plans identified under Paragraph 2, Exhibit 2, is estimated to be $15,000.00 (2) Current and future studies will be funded from the annual operating budget of the applicant. (3) It is anticipated that the City of Iowa City, which serves only the City of Iowa City, Iowa, will use all of the estimated annual KWH of electricity from the proposed project. The City currently purchases all of its power from Iowa -Illinois Gas and Electric Company. 3-1 0716 D EXHIBIT 4 /"A The following maps show the location of the project within the State of Iowa, as well as the relative locations and physical interrelationships of the principal project features. The maps include: Plate 1 - Location Map (Regional) Plate 2 - Project Location (Site Specific) Plate 3 - Site Plan It should be noted that no part of the proposed project is within or in the vicinity of an area designated for study for inclusion in the National Wild and Scenic River System; nor are any areas within the project boundary designated as wilderness area, recommended for designation as wilderness area, or designated as wilderness study area. 4-1 a�6 a PRECEDING DOCUMENT LOCATION MAP PLATE I 11 �. SCALE IN FEET ; PROJECT LOCATION"' PLATE 2 City of Iowa City MEMORANDUM Date: October 30, 1984 To: City Cou* From: Don Schme r Re: PPD Staffing The Department of Planning and Program Development (PPD) is composed of six divisions performing six major functions. Three of the six divisions provide staff support directly to the Johnson County Council of Governments (JCCOG). At Councilman Strait's request, following is a discussion of the purpose, staff and financial structure of the department on a division -by -division basis for your information. Administration Division (PPD) Purpose - The purpose of the Administration Division (PPD) is to provide a ministrative direction and support to the other City divisions of this department. In addition, graphics support is provided to all departments in the City. Staff - Four persons, the PPD Director, PPD Administrative Secretary, Senior T -Typist (Minute -taker), and Graphics Technician, comprise the staff of this division. The PPD Director is the department head for both the City divisions and the JCCOG divisions. The PPD Administrative Secretary is the only secretary in the department and is responsible for all secretarial and clerical duties. The Minute -taker is, as the name suggests, one who takes and transposes the minutes for all the boards and commissions which this department staffs. The Graphics Technician is a graphic artist who prepares brochures, report covers and other graphics for all City departments at their request. Exes penditur- For FY85 $81,684 of property tax were budgeted to finance this division's expenditures. Of this amount, $74,361 are identified for personal services (salaries and fringe benefits). Administration Division (JCCOG) Pur ose - The purpose of the Administrative Division (JCCOG) is to provide administrative direction and support to those divisions in PPD which provide staff support to the JCCOG. This division also facilitates the coordination of and provides support to the various human service agencies in Johnson County. For a detailed listing of the goals, objectives and responsibilities attributed to the human services planning function, please turn to page 233 of the FY85 "Operating Budget." Staff - The five persons that make up the staff of this division are the PPD D (as JCCOG Director), PPD Administrative Secretary, Senior Clerk/Typist (Minute -taker), Technical Assistant (draftsperson), and Human Services Coordinator. The Technical Assistant is located in this division to provide drafting and cartographic assistance to the JCCOG functions. The 02/6 / PAGE 2 Technical Assistant is the only draftsperson in the department and provides assistance to other divisions as well. Since human services planning is performed by the Human Services Coordinator on a half time basis, this function is located in the JCCOG Administration Division. Expenditures - For FY85 $53,759 were budgeted to finance this division's expenditures. Of this amount, $29,699 represent part of the City's contribu- tion in funding of the JCCOG. Johnson County contributes $4,060 of the total amount toward human services planning. That portion of the total amount, which is reserved for personal services, is $32,957. Transportation Planning Division (JCCOG) Purpose - The purpose of the Transportation Planning Division is to provide transportation planning and coordination services to all agencies which are members of the Board of Directors of the JCCOG (does not include those agencies which are only members of the Rural Policy Board of the JCCOG). For a complete and detailed listing of this division's goals, objectives and responsibilities, please turn to page 225 of the FY85 "Operating Budget." Staff - Two persons, both of whom are City employees, are responsible for this division's operations. They include the Transportation Planner and the Assistant Transportation Planner. These two persons, in addition to the other funded staff positions for the JCCOG, provide staff support to the JCCOG via a 28E agreement between the City, County and the JCCOG Board of Directors. Expenditures - For FY85 $66,884 were budgeted to finance this division's expenditures. The Urban Mass Transportation Administration (UMTA) and the Federal Highway Administration (FHWA) contribute $32,000 in federal funds toward this amount and Johnson County and Coralville contribute $3,344 and $6,144, respectively. Of the total amount, $60,738 represent the amount of funds reserved for personal services. Rural Planning Division (JCCOG) Pur ose - The purpose of the Rural Planning Division is to provide planning assistance to Johnson County and the member agencies of the JCCOG Rural Policy Board. This division provides no direct support to the City but provides a valuable service to the City in coordinating planning efforts between the City and other member agencies of the JCCOG, particularly Johnson County. For a detailed listing of this division's goals, objectives and responsibilities, please turn to page 229 of the FY85 "Operating Budget." Staff - The staff of this division includes four persons: the Senior Planner, Comnunity Assistance Coordinator (Associate Planner), the PPD Administrative Secretary, and the Technical Assistant. The Senior Planner is a Johnson County employee; the other staff persons are City employees who actually work directly for the County employee. The Community Assistance Coordinator provides staff assistance not only to Johnson County but also to the smaller communities in Johnson County that are members of the Rural Policy Board. Expenditures - For FY85 $33,299 were budgeted to finance the expenditures of this division. This amount does not include the salary and fringe benefits of the Senior Planner who is paid directly by Johnson County. The City does 0?161 r-, PAGE 3 not provide any financial support to this division; however, staff assistance by the JCCOG Director and other City staff persons do provide in-kind support. Revenues - Approximately $109 in revenues were projected for FY85 in the sale o�aps and other planning documents to the general public. Urban Planning Division Purpose - The purpose of the Urban Planning Division is to plan and implement plans for the development and redevelopment of Iowa City. Assistance in economic development activities, including the redevelopment of the central business district, is an additional function of this division. For a complete listing of the goals, objectives and responsibilities of this division, please refer to page 68 of the FY85 "Operating Budget." Staff - Six persons represent the staff of this division and include the Senior Planner, four Associate Planners, and the Technical Assistant. One Associate Planner is funded in this division on a part-time basis to provide staff support to the Riverfront Commission. One other Associate Planner position has the title of Development Coordinator and assists in economic development activities. Expenditures - For FY85 $171,197 were budgeted to fund the expenditures of this division. Of this amount, $151,690 are identified for personal serv- ices. This division and the Administration Division (PPD) are the only divisions which are entirely locally funded. One-fourth of an Associate Planner's position in the CDBG Administration Division is funded in this division to provide staff support to the Historic Preservation Commission. Revenues - This division generates the most revenues (not including state and fed— migrants) with $9,550 projected in revenues for FY85. These revenues result from the sale of maps and other planning documents and from applica- tion fees. CDBG Administration Division Purpose - The purpose of the CDBG Administration Division is to plan and coordinate the City's federally -funded community development programs. In addition, the division provides support in the efforts of historic preserva- tion. For a complete summation of the CDBG activities, please turn to page 240 of the FY85 "Operating Budget." Staff - There are six staff persons located in this division. The PPD Mrector, PPD Administrative Secretary, CDBG Coordinator, Rehabilitation Officer and two Associate Planners manage the affairs of this division. On a quarter -time basis, one Associate Planner provides staff support to the Historic Preservation Commission. Expenditures - For FY85 $751,116 were budgeted to fund this division's expenditures, $625,187 of which are identified for services and charges and capital outlay for funding metro -entitlement projects. Of the total amount, $124,664 is reserved for personal services. Unlike other divisions in the department, this division is supported totally by federal funds. ,2161 PAGE 4 PPO staffing is obviously complex due to the breakdown of staff positions in the department. This is done in order to allocate federal funds to certain positions involved with federal programs, to differentiate between City positions and the JCCOG positions, and to assign staff to specific activi- ties. On the following page is a listing of the various persons in the department, their position in each division, the percent of funding each division contributes to each staff person's salary, and whether the funded amounts for each person are by City property tax and other revenues or by % FUNDED BY DIVISION Admin.(PPO) - 60 Admin.(J000G)- 20 CDBG Admin. - 20 Admin.(PPO) - 55 Admin.(JCCOG)- 10 Rural Plan. - 10 CDBG Admin. - 25 Admin. PPD) -85 Admin. JCCOG)- 15 Trans. Plan.- 100 Trans. Plan.- 100 Rural Plan. - 100 Rural Plan. - 67 Urban Plan. - 33 Admin.(J000G)-100 Urban Plan. - 100 Urban Plan. - 100 Urban Plan. - 100 Urban Plan. - 100 CDBG Admin. - 100 CDBG Admin. - 75 Urban Plan. - 25 CDOG Admin. - 100 CDBG Admin. - 100 Admin.(PPD) - 100 Urban Plan. - 50 Admin.(J000G)- 25 Rural Plan. - 25 FUNDING SOURCE BY DIVISION Admin.(PPD) - City Adm1n.(J000G) - City CDBG Admin. - Non -City Admin.(PPD) - City Admin.(JCCOG) - City Rural Plan. - Non -City CDBG Admin. - Non -City Admin.(PPD) - City Admin. (JCCOG)- City Trans. Plan, City 6 lion -City Trans. Plan.- City 8 Non -City Rural Plan. - Non -City Rural Pian. - Non -City Urban Plan. - City Admin.(J000G)-City 8 Non -City Urban Plan. - City Urban Plan. - City Urban Plan. - City Urban Plan. - City CDBG Admin. - Non -City CDBG Admin. - Non -City Urban Plan. - City CDBG Admin. - Non -City CDBG Admin. - lion -City Admin.(PPO) - City Urban Plan. - City Admin.(J000G)- City Rural Plan. - Non -City PERSON (TIME EMPLOYED) POSITION BY DIVISION 1. Don Schmeiser (full time) PPD Director-Administration(PPD) JCCOG Director -Administration (JCCOG) I Z. Irene Shima (full time) PPD Admin.Secretary - iAdministration (PPD) 3. Sr. Clerk/Typist (vacant) Minutetaker - Administration(PPD) (half time) 4. John Lundell Transport.Planner-Transpartation (full time) Planning 5. Jeff Davidson Asst. Trans. Planner - Trans - (full time) portation Planning 6. Jud Te Paske Senior Planner - Rural (full time) Planning 7. Patt Cain Community Asst. Coordinator - (three-fourths time) Rural Planning i Riverfront Comn. Coordinator - Urban Planning B. Cheryl Mintle Human Services Coordinator - i (half time) Administration (JCCOG) 9. Karin Franklin Senior Planner -Urban Planning (full time) 10. Marianne Milkman Associate Planner -Urban Planning (full time) 11. Vacant (full time) Associate Planner -Urban Planning 12. Vacant (full time) Development Coord.-Urban Planning 13. Jim Hencin (full time) CDBG Coord. - CDBG Admin. 14. Monica Moen (full time) Associate Planner-CDBG Admin. Associate Planner -Urban Planning 15. Mary Nugent Associate Planner-CDBG Admin. (three-fourths time) 16. Pam Barnes (full time) Rehab. Officer-CDBG Admin. 17. Pat Westercamp Graphics Tech. -Administration (full time) (PPO) 18. Paige Atwood Tech. Asst. -Urban Planning (full time) % FUNDED BY DIVISION Admin.(PPO) - 60 Admin.(J000G)- 20 CDBG Admin. - 20 Admin.(PPO) - 55 Admin.(JCCOG)- 10 Rural Plan. - 10 CDBG Admin. - 25 Admin. PPD) -85 Admin. JCCOG)- 15 Trans. Plan.- 100 Trans. Plan.- 100 Rural Plan. - 100 Rural Plan. - 67 Urban Plan. - 33 Admin.(J000G)-100 Urban Plan. - 100 Urban Plan. - 100 Urban Plan. - 100 Urban Plan. - 100 CDBG Admin. - 100 CDBG Admin. - 75 Urban Plan. - 25 CDOG Admin. - 100 CDBG Admin. - 100 Admin.(PPD) - 100 Urban Plan. - 50 Admin.(J000G)- 25 Rural Plan. - 25 FUNDING SOURCE BY DIVISION Admin.(PPD) - City Adm1n.(J000G) - City CDBG Admin. - Non -City Admin.(PPD) - City Admin.(JCCOG) - City Rural Plan. - Non -City CDBG Admin. - Non -City Admin.(PPD) - City Admin. (JCCOG)- City Trans. Plan, City 6 lion -City Trans. Plan.- City 8 Non -City Rural Plan. - Non -City Rural Pian. - Non -City Urban Plan. - City Admin.(J000G)-City 8 Non -City Urban Plan. - City Urban Plan. - City Urban Plan. - City Urban Plan. - City CDBG Admin. - Non -City CDBG Admin. - Non -City Urban Plan. - City CDBG Admin. - Non -City CDBG Admin. - lion -City Admin.(PPO) - City Urban Plan. - City Admin.(J000G)- City Rural Plan. - Non -City J0ohnso�n a oul St y Council oaf Governmer. Ir 0 Date: October 30, 1984 To: Iowa City Council and Johnson County Board of Supervisors From: Mary Anne Volm, Director, United Way of Johnson County Cheryl Mintle, Human Services Coordinator, JCCOG Riley Grimes, Johnson County Auditors Office Re: FY86 Hearing Process Planning As you are aware the Joint City, County, United Way Hearing Process time is upon us. In pimproving preparation for thehproc ss thiseyearVe been meeting to draft recommendations for Application forms are currently being completed by agencies and are due back November 8, 1984. After being checked and compiled for distribution, the hearing process will begin. We would like to hear your ideas regarding improving the process at your next informal meeting. The following are our recommendations for your review and comment: 1. That Supervihsorstwo City Council epresentatives to attend pthe eJoint vBoard of Hearing Process. ttend at heir conven- 2 ienceain the nhope cil athat nd Death ard member would attend mber's be vited tatat That ll least one hearing. 3. That hearings be held Thursday nights beginning December 6, 1984, 6:30 ch the st ar so hat County and City agencybscheduled usame as ae equestswouldbe heard firstfourevenings, 4. That a formal City/County meeting be scheduled for mid-January, after the City/ContCounty on fundingu allocationss for agencies s prior onto eeach ngovernmethe ntaldy allow unit's own informal sessions. of ors 5 That attendeeacheother''ssfrom informalesessio sessions Counciland to give clarifications and to further communicate. We look forward t with recommendations. Please ca l Cheryl lat 356to discuss oi 5242ifyouhave any q esur ideas tionsthese eor comments. bj2/3 -Z/�o z Sity of Iowa City" MEMORANDUM Date: October 26, 1984 To: City Council Neal Berlin, City Manager From: Robert Jansen, City Attorney David Brown, Assistant City Attorney) Re: Regulation of Beer and Liquor "Special" This is a summary opinion regarding whether the city is empowered to regulate special sales of beer and liquor; specifically, whether the City can prohibit "double bubble" (two for one) sales. It is our opinion that such regulations by the City would be within the purview of 9123.39, Code of Iowa, as set out in pertinent part below: Local authorities are empowered to adopt ordinances or regulations for the location of the premises of retail beer and liquor control licensed establishments and are empowered to adopt ordinances, not in conflict with the provisions of this chapter and that do not diminish the hours during which beer or alcoholic beverages may be sold or consumed at retail, governing any other activities or matters which may.affect the retail sale and consumption of beer and alcoholic liquor and the health, welfare and morals of the community involved. The Iowa Supreme Court has interpreted this section as a valid delegation of broad power from the state to municipalities to regulate liquor traffic and prohibit specified conduct on licensed premises. In Wri ht v.Towcn of Huxley, 249 N.W.2d 672 (Iowa 1977), the Court in interpreting sai seion upheld a town ordinance provision prohibiting nudity on licensed premises. The proposed regulation of such sales, of restraint of trade implications. regulations by the City may be subject the Iowa Competition Law, Chapter 553 restraint of the course of trade. however, raises a more difficult issue It is our further opinion that such to challenge under the Sherman Act and of the Code of Iowa, as being an undue There have been very few cases dealing with the Iowa Competition Law since it became effective in 1977. Regarding restraints of trade not involving price-fixing, the Iowa Supreme Court appears to have adopted the "rule of reason" in gauging whether such a restraint is unreasonable. In State v. Cedar Ra ids Board cf Realtors, 300 N.W.2d 127 (Iowa 1981), the Court quoted t e o owing at page Every agreement concerning trade, every regulation of trade, restrains. To bind, to restrain, is of their very essence. The true test of legality is whether the restraint imposed is such as merely regulates and perhaps thereby promotes competition or whether it is such as may suppress or even destroy competition. .2-163 To scrutinize a restraint's "reasonableness" we examine the facts peculiar to the business to which the restraint is applied; its condition before and after the restraint was imposed; the nature of the restraint and its effect, actual or probable. The history of the restraint, the evil believed to exist, the reason for adopting the particular remedy, the purpose or end sought to be attained, are all relevant facts. Chicago Board of Trade v. United States, 38 S. Ct. 242, 244 (1918). However, the proposed regulation of beer and liquor sales appears to involve price-fixing. It is clear that all forms of price-fixing are "per se" violations of the Sherman Act. United States v. Conto-finer Cor of America, 393 U.S. 333, 21 L. Ed. 2d 526, S9�Lt 5T8 -thus, obis ot�ederal decisions, price-fixing of beer and liquor sales would be unlawful "per se" under the rationale that it cripples the freedom of traders and thereby restrains their ability to sell in accordance with their own judgment . Although we are aware of no Iowa cases reviewing price-fixing schemes under the Iowa Competition Law, it is our opinion that the Iowa courts would also find such restraint of trade to be a "per se" violation. This is suggested by the legislative intent of Chapter 553, as provided by 9553.2, set out below: This chapter shall be construed to compliment and be harmonized with the applied laws of the United States which have the same or similar purpose as this chapter. This construction shall not be made in such a way as to constitute a delegation of state authority to the federal government, but shall be made to achieve uniform application of the state and federal laws prohibiting restraints of economic activity and monopolistic practices. In the event said proposed regulation of beer and liquor sales might be held to be undue restraint of trade, the next issue that presents itself is whether the City would be protected from liability by the "state action" exemption. The United States Supreme Court in Community Communications Cam an Inc. v, Cit of Boulder, 102 S. Ct. 835 (1981 , held at mum c pa - ties are exempt rom ant rus scrutiny only if the regulated activities were a "clearly articulated and affirmatively expressed policy" of the state. Being permitted to adopt such regulations under home rule is not enough, according to the Supreme Court, to come within the exemption. However, in the present situation; the City would be acting under more than mere home rule powers. It has the express authority provided in 9123.39, Code of Iowa; whether this section meets the standard of "clear articulation and affirmative expression" remains to be seen. At this juncture there are no cases on point in this area. Although the general rule is that exemptions from coverage of competition laws are to be narrowly applied, the Iowa Supreme Court in State v. Miner, 331 N.W.2d 683 (Iowa 1983), stated that "state regulatory act on is exempt" from the Iowa Competition Law. Id. at 681. The State had commenced an action against Miner, a used car dealer, for selling used cars without a license. Miner challenged the validity of the licensing statute as being contrary to the Iowa Competition Law. In reject- ing the argument, the court stated: The Iowa Competition Law does not attempt to prohibit economic regulations imposed by the State when the State has a significant interest in regula- tion such economic activity. See Bates v. State Bar of Arizona, 433 U.S. 350, 359 63, 97 S. Ct. 2691, 2696-98, 53 L. Ed. 2d 810, 820-22 (1977) (factors in considering whether state regulation fell within state action exemption of Sherman Act included: (1) suit was against the state; (2) state's interest in regulating such conduct; and (30 whether the state had a clearly defined policy); State v. Cedar Rapids Board of Realtors, 300 N.W.2d 127, 128 (Iowa 1981) (since Iowa's statute is intended to comple- ment similar federal laws, it is appropriate to examine federal statutes and cases for guidance in construction of Iowa's Competitions Law). The State's policy of regulating the sale of motor vehicles at retail and its interest in protecting consumers from fraud and deception has been detailed above and need not be repeated here. It seems to us that the City could argue a similar rationale for exemption should apply regarding regulation of beer and liquor "specials" by the City. It is important to note, however, that the Miner case did not involve price-fixing. Economic regulation involving pric�ixing, even if the State (City) has a significant interest in same, may not be viewed as favorably by the courts. Of benefit to the City are the amendments to Chapter 553 made this past session by the Iowa Legislature. A new exemption from the scope of the statute was added as 3553.6(5): New Subsection: 5. The activities of a city or county, or an administra- t"iv_e_­J­r_Teg­aT entity created by a city or county, when acting within it statutory or constitutional home rule powers and to the same extent that the activities would not be prohibited if undertaken by the state. Another new amendment, to 3553.12(3), exempts cities from liability for exemplary damages under the statute. However, cities may still be liable for actual damages under the Iowa statute. In addition, Congress recently passed a bill to clarify the application of Federal antitrust laws to local governments. As reported in "Nation's Cities Weekly" (October 15, 1984), the key provisions of the bill, which apparently is awaiting the President's signature, are that the "state action" exemption is extended to cities, cities and city officials are exempt from damages under antitrust laws, and the FTC's authority to sue cities for injunctive relief was reinstated. To conclude, the proposed regulation by the City of beer and liquor "spe- cials" appears authorized pursuant to 9123.39, Code of Iowa. Whether such regulation would be an undue restraint of trade is an open question; however, the recent statutory exemptions in state and federal law as well as the broad interpretation given to 3123.39 lend support to an argument that regulation by the City in this area is exempt from anticompetition liability. bjl/13 02/63 ,Aty of Iowa City MEMORANDUM Date: October 31, 1984 To: City Council From: Douglas Booth `, rector of Housing & Inspection Services Re: Congregate Housing During the past 3-1/2 months the Congregate Housing Committee has been meeting weekly to consider the development of a congregate housing project in Iowa City. We have received invaluable advice from both interested citizens as well as from professionals in the field of elderly housing and services. Recently a private development group and sponsor has asked the Committee for advice and cooperation in pursuit of developing their property for elderly housing. Thus we are making progress toward the goal of providing congregate housing. In order for this progress to continue, it is critical that a determination be made concerning the specific housing and service arrangements that older people in our community need, want and are willing to pay for. Therefore, the Committee has resolved that an ine5 marketing and feasibility survey must be done and that there is no better way to determine the marketability of any product (or service) than seeking the advice of the actual consumers. Besides the identification of consumer demands, we see the marketing and feasibility survey also serving as a valuable public relations tool in generating and maintaining community awareness of and interest in the proposed project. The Munson report, "Congregate Housing -A Study of Local Needs," has been a very useful springboard in stimulating interest in the community for congregate housing. This report, however, is not an indepth marketability and feasibility survey. It does not, for example, include a complete analysis of the ability of potential residents to pay for the provision of various facilities and services. The committee seeks the City Council support, any comments, and of course encour- agement in pursuing the hiring of a consultant to do a marketing and feasibility survey. This survey is estimated to cost in the vicinity of $40,000. The consultant selection process the Committee proposes to follow is consistent with the Council's policy and includes development of a list of pre -qualified candi- dates to whom Requests for Proposals would be sent. These written proposals would be evaluated and the candidates interviewed. It is the Committee's objective to have selected the consultant for recommendation to the Council by mid-December. Formal contract discussions and start of the survey would occur some time in mid-January. This schedule is very ambitious particularly because of the holi- days, but we are committed to maintaining the project's momentum and will make every effort to meet this schedule. Needless to say, all agreements, contractual arrangements and expenditures of funds will come before the Council for approval. The Committee would appreciate receiving any comments or concerns you may have regarding the direction in which we are moving. bj3/14 .216 Aty of Iowa City MEMORANDUM Date: November 1, 1984 To: Charles Schmadeke, Director of Public Works From: James Brachtel, Traffic Engineer -0 Re: Lane Designation of North Dubuque Street at Park Road The City Council has requested an investigation into the appropriateness of the lane designation for southbound traffic at the intersection of Dubuque Street and Park Road. Specifically, should the right lane be designated Right Lane Must Turn Right. BENEFIT. This proposed change would benefit vehicles right turning on red. DISCUSSION. The Traffic Engineering Division has conducted traffic counts at this location. During an average day 29% of the traffic entering the intersection from the north turns right onto the Park Road bridge. During the morning peak hour 35% of the traffic turns right, 16% of the 35% right turners turn right on red. The proposed Right Lane Must Turn Right would dedicate 50% of the capacity of the street to approximately 30% of the volume of vehicles on the street. The only real benefit is the assurance that a vehicle right turning on red would not be delayed by a through vehicle awaiting a green signal. The Right Lane Must Turn Right would also tend to promote right turn on red without stopping. Currently 22% of the vehicles that turn right on red do not stop prior to turning. This number would increase in the event that the lane were dedicated to right turners. RECOMMENDATION. I recommend that the Right Lane Must Turn Right designation not be installed. The current lane use is the most appropriate arrangement for current traffic patterns. bj2/8 o2/6s City of Iowa City MEMORANDUM Date: October 26, 1984 To: City Council and City Manager From: Frank Farmer, City Engineers '/� Re: Dubuque Street Improvements - Iowa Avenue to Park Road As per your request, the Engineering Division has reviewed the Dubuque Street project to determine if widening can be performed on one side only, on the block between Church Street and Ronalds Street, to save as many of the existing trees as possible. The following alternatives have been considered: Alternative 1 — Widen on east side, thereby saving four (4) trees on the west side, between Church Street and Ronalds Street. Alternative 2 - Widen on both sides, thereby eliminating all seven (7) trees between Church Street and Ronalds Street. Alternative 3 - Widen on west side, thereby saving three (3) trees on the east side, between Church Street and Ronalds Street. Alternative 1 Pros 1. Four (4) trees on west side of Dubuque Street between Church Street and Ronalds would be saved. 2. Severity of jog on Dubuque Street would be decreased. Cons 1. Alley access to the east, between Church Street and Ronalds Street would be eliminated. 2. Driveway for 612 North Dubuque Street would be eliminated. 3. Due to elimination of access to driveway and alley, as referred to above, property purchase or compensation may be required. 4. Three (3) trees on east side of Dubuque Street between Church Street and Ronalds Street would be removed. 02166 1 Alternative 2 Pros 1. No additional property would be required. 2. Driveway and alley return on east side of Dubuque Street would remain. 3. Severity of jog on Dubuque Street would not be increased. 4. Effect of pavement location on private properties would be the same. Altprnativr I 1. Three (3) trees on east side of Dubuque Street between Church Street and Ronalds Street would remain. 2. Alley return and driveway on east side of Dubuque Street between Church Street and Ronalds Street would remain. Cons 1. All seven (7) trees between Church Street and Ronalds Street would be removed. 1. Severity of existing jog on Dubuque Street would be increased. 2. An additional jog through the Church Street/Dubuque Street intersection would be created. 3. The four (4) trees on the west side of Dubuque Street between Church Street and Ronalds Street would be removed. All three (3) alternatives require retaining walls at various locations. It is recommended that this project be funded with Federal Aid to Urban Systems (FAUS) funds and is included in the Capital Improvement Projects for construction during 1986. As noted in previous memos, to utilize FAUS funds for this project, the minimum width allowed is 45 feet, with 49 feet pre- ferred. At the present time, there is approximately $525,000 of FAUS funds available to Iowa City. This amount of funding is sufficient to provide seventy-five percent (75%) of the construction cost, which is the limit for FAUS funds. The remaining twenty five percent (25%) is the responsibility of the partici- pating city. The Iowa Department of Transportation desires that these funds be spent since this program will soon be reviewed by the Federal government. The Engineering Division recommends reconstruction of Dubuque Street to 45 feet in width with Alternative 2, utilizing available FAUS funds. bdw4/5 City of Iowa Cit, MEMORANDUM Date: February 14, 1984 To: Charles Schmadeke, Director of Public Works From: James Brachtel, Traffic Engineenp-- Re: Accident Experience on Dubuque Street The City Council has requested accident statistics for Dubuque Street from Iowa Avenue to Park Road. They have also asked for statistics along similar corridors for comparison. See attachments to this memorandum and Table 1. In addition to the Dubuque Street corridor, three other corridors were selected. The selection was based upon similarity in pavement width and number of lanes. The three corridors are Gilbert Street from Highway 6 to Market Street, Mormon Trek Boulevard from Aber Street to Melrose Avenue and First Avenue from U.S. Highway 6 to Muscatine Avenue. Land use adjacent to these three corridors differ somewhat from the Dubuque Street corridor land use. In addition to Table 1, accident drawings for all four corridors has been attached. For those intersections in the corridors with five or more reported accidents in 1983, intersection drawings have been prepared. Should you require additional information regarding these four corridors or other areas in the city, please don't hesitate to contact me. bdw4/6 Attachment 02/66 SYMBOL KEY FOR ACCIDENT DRAWINGS SYMBOLS TYPES OF COLLISIONS I PAVEMENT f- MOVING VEHICLE REAR END .--r. BACKINGVEHICLE ---- HEAD ON NON-INVOLVED SIDE SWIPE _ -- VEHICLE X PEDESTRIAN OUT OF CONTROL PARKED VEHICLE ❑ FIXED OBJECT FATALITY -.T LEFT TURN RIGHT ANGLE WEATHER CL= CLOUDY 1 N x0 SCALE MATCH LINE DAVENROWT ST J BtOmNGTON5T I NARN[i ST r— W O O O ® atEsvrsi cvi sT Irwwm o1Xw omAtwlYr XYWNA 1 IOWA AVE 7 F - YARN RD t tIYIRRIIIYM I tPYILIYMr tR tlrKWfYr XYYIl1 11 BROWN ST PMAL03 ST CHURCH ST TAIRCHILD ST 1 MATCH LINE DUBUQUE ST ACCIDENTS FOR 1983 02/66 tr a KNMR R 1n mlmw blv c ? w& s 3 Cu DR d ADD Akl N r— uwo�m euw� �� wear ws ttntwnr ® MELMEM Q • 1liSLL0. a W ea lto menu[ an BY WRD q}I I OMORMON TREK BLVD ACCIDENTS FOR 1983 M COLLISION DIAGRAM M -I J INDICATE NCRTH BY ARROW I wu IZ i u Y MELROSE AVE NO DIRECTION GIVEN ON REPORT MOVING VEHICLE dd w D: DRY I: ICY w�BACKING HEAD r � VEHICLE Z O SIDE 2 WEATHER VEHICLE D: O --- PEDESTRIAN `hJALUA- OUT MOVING VEHICLE REAR END D: DRY I: ICY w�BACKING HEAD ON W:WET VEHICLE r-�.. NON-INVOLVED SIDE SWIPE WEATHER VEHICLE --- PEDESTRIAN `hJALUA- OUT OF CONTROL C: CLEAR F: FOG 19 VEHICLLE --f— LEFT TURN S: SLEET R :RAIN Q FIXED OBJECT —+� 1 RIGHT ANGLE CL: CLOUDY S:SNOW • FATALITY DATE:_JAN I. 1983 TO DEC 31,1983 O INJURY INTERSECTION MORMON TREK and MELROSE AVE ATTACHMENT 4 0 WTCNUNE NQxfI3S ST � T BORRf ST ®*BE"10" ItMIRIFOpp AYE IfIpRnTININa llfpJIYLIMMR I ncrtu x1l lRlbYpr YIIK. FIRST ST IYIn 0I� I 2 a ST �4- S,S ST , NI010.1NO AVE ® NNTSBIMSS flRontn Dour f IIf101K IYVIR O xRKNIIItt RwxEll I 1 N NO SCALE AL1 L WRRR ST xE/FERS0II ST w u9� 3 ® IOIIAVE I fwtme.wq INM1/r xIKM IF Is WASHINGTON ST COLLEGE ST LIM R1 BUIUNOTON 31 I wollxn oNl.0 IR.WYLINlAT I NCT IRARKNVfY1 M NIf I OILBERT ST ACCIDENTS FOR 1903 .21VY COLLISION DIAGRAM ao J INDICATE NORTH By ARROW ill HWY 6 BYPASS cnH I— m LU m _J SYMBOLS TYPES OF COLLISIONS PAVEMEN T MOVING VEHICLE VCNICLE NON-INVOLVED VEHICLE --- PEDESTRIAN �i VEHICLE FIXED OBJECT • FATALITY 0 INJURY • REAR END ' HEAD ON SIDE SWIPE •.Ltte[t- OUT OF CONTROL —f— LEFT TURN RIGHT ANGLE 0: DRY I: ICY W, WET WEATHER C: CLEAR F: FOG 5: SLEET R ;RAIN CL: CLOUDY S : SNOW DATE: ,IAN 1.1983 TO -DEC 3I, X983 INTERSECTION HWY 6 BYPASS @rid_GILBERT ST ATTACHMENT 5 COLLISION DIAGRAM INDICATE NORTH BY ARROW CI Y J1� • i a ra yy } { C 1 I KIRKWWD AVE ' NO DIRECTION GIVEN ON REPORT Nn�i =lrn ii SYMBOLS TYPES OF COLLISIONS PAVEMEN T MOVING VEHICLE KING VVEWICLE NON-INVOLVED VEHICLE --- PEDESTRIAN PARKED VEHICLE Q FIXED OBJECT • FATALITY O INJURY REAR END -"'�- HEAD ON ■�- SIDE SWIPE 'OULLtCII. OUT OF CONTROL �- LEFT TURN RIGHT ANGLE D: DRY I: ICY W: WET WEATHER C: CLEAR F : FOG S: SLEET R : RAIN SCLOUDY S :: SNOW DATE: JAN 1. 1983 TO DEC 31.1983 INTERSECTION GILBERT ST and KIRKW00D AVE ATTCHMENT 6 COLLISION DIAGRAM INDICATE NORTH BY ARROW b4 ] l /jIY� rv-r� BENTON ST al tL SYMBOLS TYPES OF COLLISIONS PAVEMENT � MOVING VEHICLE w BACKING VEHICLE ---• NON-INVOLVED VENIC LE --- PEDESTRIAN PARKED VEHICLE FIXED OBJECT • FATALITY O INJURY - REM END HEAD ON SIDE SWIPE mkUXU1 OUT OF CONTROL ---e- LEFT TURN -�} RIGHT ANGLE D: DRY I: ICY W: WET WEATHER C: CLEAR F: FOG S: SLEET R:RAIN S: CLOUDY S : SNOW DATE: •1AN1,1983 TO DEC 31,983 INTERSECTION GILBERT ST and BENTON ST ATTACHMENT 7 r1 ^ COLLISION DIAGRAM INDICATE NORTH BY ARROW O •JI'f1193I✓ 2' t t e u � BURLINGTON ST f- m NO DIRECTION GIVEN ON REPORT. W m _J SYMBOLS TYPES OF COLLISIONS PAVEMEN T MOVING VEHICLE w BACKING VEHICLE NON-INVOLVED EHICLE LVED --- PEDESTRIAN PARKEE C) FIXED OBJECT • FATALITY O INJURY ' REAR END HEAD ON ��'-- SIDE SWIPE OUT OF CONTROL -..r- LEFT TURN RIGHT ANGLE D: DRY I: ICY W : WET WEATHER C: CLEAR F : FOG S: SLEET A, RAIN CL: CLOUDY S:SNOW DATE: JAN I. 1983 TO DEC 31.1983 NTERSECTION BURLINGTON ST and GILBERT ST IATTACHMENT 8 COLLISION DIAGRAM Y INDICATE NORTH BY ARROW . s. .V XX COLLEGE ST cf ct ir SYMBOLS TYPES OF COLLISIONS PAVEMEN T MOVING VEHICLE «� VVBAC14 KINCLE r---• NON-INVOLVED VEHICLE --- PEDESTRIAN PARKED I9 ❑ FIXED OBJECT • FATALITY 0 INJURY r • REAR END —'�'�- HEAD ON SIDE SWIPE "aWtL OUT OF CONTROL —�— LEFT TURN —� RIGHT ANGLE D: DRY I: ICY W:WET WEATHER C: CLEAR F: FOG S: SLEET R : RAIN CL: CLOUDY S: SNOW DATE: JAN 1,1983 TO _ DEC 31,1983 INTERSECTION GILBERT ST atld COLLEGE ST ATTACHMENT 9 COLLISION DIAGRAM INDICATE NORTH BY ARROW IOWA AVE SYMBOLS TYPES OF COLLISIONS I PAVEMEN T MOVING VEHICLE ' REAR END D: DRV I: ICY HEAD ON W : WET VBAEHICLE r.... NON-INVOLVED SIDE SWIPE WEATHER VEHICLE )F--- PEDESTRIAN 1Ltctu. OUT OF CONTROL C: CLEAR F: FOG PARKED�/— VEHICLE LEFT TURN S: SLEET R.RAIN ❑ FIXED OBJECT RIGHT ANGLE CL: CLOUDY S : SNO W 0 FATALITY DATE: 1. 1983 Tp DEC 31, 1983 O INJURY _JAN INTERSECTION GILBERT ST and JOWA AVE ATTACHMENT 10 ai�(a Nl1TpI L 1 BRADfDAD d1 '1 MALLON. J i i W%ATNt NO NWT B NTnua N NOS ALe M ST W •_• BT WAYNE AVE MATCH LIN[ FIRST AVE ACCIDENTS FOR 1903 !MplDIIi OYWN ! H�ONL INNWY u!lmaNu* �N ® MNBC�TDR M[ M ST W •_• BT WAYNE AVE MATCH LIN[ FIRST AVE ACCIDENTS FOR 1903 COLLISION DIAGRAM BY ARROW MUSCATINE AVE 4_ MOVING VEHICLE REAR END D: DRY I: ICY M� BACKING ---..�- HEAD ON W -.WET VEHICLE WEATHER r---• NON-INVOLVED SIDE SWIPE VEHICLE --- PEDESTRIAN OUT OF CONTROL C: CLEAR F. FOG PARKED VEHICLE LEFT TURN S: SLEET R -.RAIN CL: CLOUDY O FIXED OBJECT -� RIGHT ANGLE S: SNOW • FATALITY DATE: JAN 1,1983 Tp DEC 31.1983 O INJURY INTERSECTION FIRST AVE arld MUSCATINE AVE ATTACHMENT I I _ 02/66 ity of Iowa City MEMORANDUM Date: October 31, 1984 To: Charles Schmadeke, Director of Public Works From: Jim Brachtel, Traffic Engineer Re: Lane Designation at Clinton Street/Burlington Street The City Council has requested that the intersection of Clinton Street/Burlington Street be studied to determine if lane designation would be appropriate. Specifically, should the right lane be designated Right Lane Must Turn Right or should the left lane be designated Left Lane Must Turn Left. BENEFIT - Either of these proposed changes would eliminate the possibility of two vehicles attempting to drive south into one lane and requiring a merging or weaving maneuver in the intersection. DISCUSSION - The Traffic Engineering Division has conducted traffic counts at this location. During an average day, 50% of the vehicles turn right. 15% of the vehicles turn left and 36% of the vehicles go straight through. It was also observed that the right turning vehicles were delayed by pedes- trian traffic moving north and south across Burlington Street. If the right lane were designated as a Right Lane Must Turn Right there would be a high potential for the straight through traffic to be trapped behind left turning vehicles. This would create a significant delay to through traffic during the peak times. Alternatively, if the left lane were designated Left Lane Must Turn Left, then all of the through and right turning traffic would be forced to use one lane. During those signal cycles when left turning traffic is light, this would be a poor usage of the two lanes in that 78% of the traffic would be confined to one lane. The Traffic Engineering Division also reviewed the accident experience at this location during the past twelve months. This review was intended to determine if the merging/weaving movement in the intersection had resulted in an accident condition. This review revealed there have been no accidents caused by the merging/weaving maneuver in the intersection. RECOMMENDATION - I recommend that no lane designation be installed at this time. While there may be certain times of the day when one or the other designation might be appropriate, when the operation of the intersection is considered during a 24 hour period, either of the lane use designations would be inappropriate during part or all of the 24 hour period. bc3 a16 7 amity of Iowa City MEMORANDUM Date: October 31, 1984 To: City Council and City Manager From: Frank Farmer and'Rick Fosse, Engineering Division Re: Orchard/Benton Street Drainage The following is a summary of the Orchard/Benton Street drainage study. The creek is referred to as Benton Creek for lack of any other name. Benton Creek drains 235 acres of residentialProperty in Iowa City and University Heights (see Figure 1). The attached data sheet lists the various frequency floods that can be expected. Approximately 90% of the watershed is on relatively steep uplands and the lower 10% lies on the Iowa River's alluvial plain. It is in this lower reach of the creek in which the follow- ing two problems occur: 1. Frequent flooding caused by insufficient channel and culvert capacity. 2. Winter flooding caused by ice accumulation .in an 82 foot concrete lined portion of the creek. At the present time, winter flooding caused by ice build-up seems to be the primary concern of local residents. Existing Conditions of Alluvial Plain The lower reach of Benton Creek (from just north of Benton Street, down- stream) consists of two major culverts and an open channel. The first major culvert is a deteriorating 60'x8'x3' reinforced concrete box (RCB) that passes under Benton Street. Unfortunately, this culvert has a privately built 70'x4'x3' concrete block extension on the north end which reduces its capacity from 570 cubic feet per second (cfs) to less than 240 cfs. This extension routes the creek around a house that lies directly in the original channel. The east wall of the culvert and the west wall of the house's foundation are one in the same. Downstream of the Benton Street culvert lies 720 feet of open channel with an average bankfull capacity of 55 cfs. The second major culvert, a 5'4"x3'RCB, starts at Orchard Street and extends 360 feet east to Riverside Drive and has a capacity of only 180 cfs. This 5'4"x3' RCB ties into 200 feet of 10'x5'4" RCB built by the Iowa Department of Transportation with a capacity of 900 cfs. This 10'x5"4" RCB empties into an open channel leading to the Iowa River. The 5'4"x3' RCB described above is a particularly important restriction. Floods that exceed the capacity of this culvert have no overland route to the Iowa River. This excess water can only pond, flooding adjacent property as It waits to get into the culvert. M, The 4'x3' extension on the Benton Street culvert is also an important restriction. Although excess floodwaters have an overland route to bypass the culvert, this route includes a number of residential dwellings. In summary, flooding is caused by undersized culverts and insufficient channelcapacity. Poor channel capacity is primarily a result of the flat slope of the Iowa River's aluvial plain, across which the creek must flow to get from the steep uplands to the river. Winter flooding caused by ice accumulation can only be resolved by eliminating low flow in the concrete lined channel along Douglass Street by installing a storm sewer below the frost line. Recommendations Limited space and slope make it impossible to provide 100 year flood protec- tion along the creek. The culvert system described below will provide complete protection for up to the 15 year flood which is the best protection that can be practically provided. Although complete flood protection will not be provided for floods greater than the 15 year frequency, flood damages from these larger floods will be reduced because of increased capacity. The total proposed system will cost $763,000 and can be broken into four segments as shown in Figure 2. Starting at the downstream end, these are described as follows: 1. 360' of proposed 8'x4'RCB will parallel the existing 5'4"x3'RCB between the large MOT culvert at Riverside Drive and Orchard Street. This is needed to provide an outlet for flood waters in the Orchard/Douglas Street area. The estimated cost is $273,000. 2. 220' of 8'x5' RCB is needed to transport water from behind the homes on the north side of Douglas Street to the proposed 8'x4' RCB and the 5'4"x3' RCB under Orchard Street. This section will eliminate the existing concrete lined channel along Douglas Street that is a source of winter flooding caused by ice accumulation. The 7estimated cost is $135,000. 3. 420' of 8'x5' RCB is needed to replace the channel from the upstream end of segment 2 to the south side of Benton Street. This will eliminate the open channel and its associated problems from the back yards of the houses between Benton and Douglas Streets. The estimated cost is $200,000. 4. 90' of 8'x5' RCB is needed to replace the badly deteriorated and under- sized culvert under Benton Street. This will greatly decrease the frequency of road overflow on Benton Street and replace the existing culvert which has outlived its structural life. The estimated cost is $155,000 including the cost of purchasing and removing the house at 228 West Benton Street. The cost of this segment without removing the house is $150,000, but the hydraulic efficiency and level of protection would be reduced. In addition, it is likely that the house would suffer some structural damage during the construction. This would add to the $150,000 estimate. C;?,/6 tf Recommendations If it not possible to complete all four segments at once, it is recommended that segments 4 and 2 be completed immediately with segment 1 following in the near future. Segment 3 is not critical to the system's operation but should be completed when funds are available. If greater than 15 year protection is desired, it may be possible to locate a detention basin just upstream of the Rock Island railroad tracks and downstream of Greenwood Drive. This area is shown in red in Figure 1. A topographic survey and hydraulic study are needed to determine the potential increase in protection. /sp 1121609 HYDROLOGY a FLOW IN CUBIC FEET PER SECOND TOTAL ABOVE ^ABOVE 42 I 350 320 250 Q5 I 480 440 360 ni„ 590 530 440 Dztsil-�L6E Acc-:L CD PoNc) (M�-uZosS u • �-:z slzL.,E L�ETC�ST-IOrJ f =r,U0, r,-- a16f City of Iowa City MEMORANDUM DATE: November 1, 1984 TO: Neal Berlin, City Manager FROM: Harvey D. Puller, Police Chief RE: Terrill Mill Park Cars parked in the above area are regularly ticketed in the night hours when the Park is normally closed. In most cases we do not ticket vehicles in the parks during the hours of use unless they are illegally parked. Jim Brachtel will place several signs, NO PARKING, 10:30 p.m. - 6:30 a.m. in Terrill Mill. This will be completed this week. The Police Department will ticket under "disobeyance to lawful signs" rather than the park provisions under Chapter 23, of the Code of Ordinance. The local courts really do not consider violations of the park ordinances very seriously. As you probably know, the University no longer allows student parking under the Mayflower Dorm. Thus, students are using the Park for their vehicles. I imagine forcing them out of the Park will greatly increase the numbers of cars parked in the north end residential areas. a/G 9 C0xW53r0N[NS uan [a .DEEM ..�. C•,n..,,,n.. A,.a..n.. r, NUY ri.t x�,n.•n n N,uYN L a •.N o..w.Li'mw, rnJr}c3 n.� October 30, 1984 Mr. Neal G. Berlin City Manager 410 East Washington Street Iowa City, Iowa 52240 Dear Mr. Berlin: RE;, -i .: J :. 1984 Larry J. Wilson — Director Wallace State Office Building, Des Moines, Iowa 50319 5151281.5145 An EQUAL OPPORTUNITY Agency This is in response to your letter of October 10, 1984 regarding the use of a portion of the Plum Grove property as a city park. The Commission's Parks staff has discussed your proposal, and we do not feel that the Plum Grove grounds is a suitable area for the type of use you suggest. As you are aware, the area is managed by the Conservation Commission in cooperation with the National Society of Colonial Dames of America in the State of Iowa. It has been the goal of our two organizations to provide, as nearly as possible, an authentic restoration of the area and to work with the University of Iowa staff for archaeological exploration. Our current staffing only permits operation of the area from April 16 to October 15. The area is closed to public access at all other times. We are very concerned with the possibility of vandalism and theft if the area were open during times when staff is not present. As you are probably aware, we have recently installed exhibit cases on the grounds and will be installing one on the back porch of the residence. These structures as well as the house itself would be vulnerable to mistreatment particularly after dark. We are sorry it is not possible to agree to your suggested use, and we hope you will be able to locate an alternate site. erely, 611 O.//40ta) DOYLE V ADAMS SUPERINTENDENT OF PARKS DDA/NE/sc L16 �2/ 70 IOWA CITY PUBLIC LIBRARY 1st Quarter Report FISCAL YEAR OBJECTIVES: 1. Improve information service to people who come to the library and maintain all other services, includ- ing telephone reference service, at current levels. 2. Increase the efficiency of handling and the quantity of items added to the library collections so that 71% of users' searches for a specific item are satisfied. 3. Increase awareness and use of homebound service and use of library by elderly. 4. Sustain the FY84 level of volunteer hours and maintain the amount of gift materials added and private funds received at 30% of new acquisitions of library materials. WORK COMPLETED: 1. By late July, with funds provided in the new fiscal year, there are two people on duty at the Informa- tion Desk at all times plus a full complement of library aides to assist the public with routine tasks in the Information Department. 2. Turnaround time to reshelve items returned was kept below the standard of two days during the first quarter, with an average shelving error of 2.2%. Over 200 items per hour were reshelved. Acquisition statistics are in process of being converted to a microcomputer and are not yet available for the first quarter. 3. Homebound service is up 26% over the first quarter of FY84. Circulation by age is only compiled annually, but large increases in the first quarter circulation of some types of materials (ex: large print) indicate increased use by the elderly. 4. Sorting of gift materials by library staff and by FRIENDS is in the process of reorganization. Volunteer hours are down slightly and gift funds up slightly over a year ago. The number of gift materials processed is not available until conversion to microcomputer is completed. PERFORMANCE MEASUREMENTS: FY81 FY82 FY83 FY84 FY85 FY86 (gaai) 77) - 2/7/ 1.A. Registered borrowersl 27,194 38,280 45,300 47,961 47,000 50,556 % IC residents who are registered 46.2% 65.0% 73.5% 79.1% 78% 85.1% 0. 1 people entering the building 278,840 414,000 471,600 497,276 520,000 115,853 Per hour open 93.9 135.4 149.2 156.6 162.5 150.7 C. Circulation 434,660 487,070 536,200 574,525 600,000 147,798 0. Questions handled 32,224 44,610 50,085 52,689 57,750 11,217 - % which are by telephone - 45.6% 32.4% 31.4% 31.2% 30.0% 33.8% vlIncludes Iowa City, rural Johnson Co., Coralville and fee card holders. 2/7/ FY81 FY82 FY83 FY84 FY85 FY85 (goal) (YTD) E. Meetings by non-library groups 69 798 960 1,057 1,000 166 F. Programs for children 286 474 472 448 475 109 Attendance 15,599 15,733 16,251 16,222 16,500 4,234 2.A. Circulation per book added (above 35 39.0 26.1 26.9 32.8 34.0 NA indicates collection is deteriorating) B. Availability rate (% of collection on (FY79) shelf available for use) 69.4% 70.2% 68.0% 70.0% 71.0% NA 3.A. Circulation to people 65 and over 11,219 13,129 14,910 16,076 17,800 NA B. Mailings sent to homebound borrowers 146 186 185 370 225 105 ri 4.A. % of acquisitions which are gifts or 30.3% 34.1% 35.5% 31.6% 30.0% NA purchased from grants or gift funds i B. Volunteers in F.T.E. 1.0 2.5 2.4 2.8 2.5 1.3 DIVISION ANALYSIS: The pace seemed slightly slower in August and September after a whopping 13% increase in July circulation. Efforts to reduce use of the library for curriculum-related assignments by U of I students !Lal be helping. Plans for the future.FY86 budget, cable TV access reorganization, the upgrading of the on-line catalog and the conversion of public and internal files and reports to microcomputer applications have kept administra- tive and professional staff busy. Expenditures Budget Actual % 6000 767,987 203,158 26.5 7000 25,435 11,147 I 43.8 8000 173,980 31,326 18.0 9000 130,913 34,651 26.5 Total 1,098,315 280,288 25.5 IOWA CITY PUBLIC LIBRARY GIFTS & BEQUESTS FUND REPORT July 1, 1984 - September 30, 1984 BEGINNING BALANCE JUNE 31, 1984 RECEIPTS Book and Bag Sale $ 617.50 Memorial and Restricted Gifts 2,326.98 Unrestricted Gifts and Miscellaneous 41.16 Reimbursables 183.69 EXPENDITURES Library Materials $ 1,912.40 Newspaper Index 1,205.50 Miscellaneous 17.50 Printing 1,046.25 Reimbursables 89.30 BALANCE - SEPTEMBER 30, 1984 EARMARKED FUNDS Balance of FY85 Library Materials Budget $ 12,000.00 Special Project Accounts $ 12,626.93 $ 24,626.93 ACCOUNTS PAYABLE FY85 FRIENDS Gift $ 10,000.000 $ 20,215.91 $ 3,169.33 $ 4,270.95 $ 19,114.29 UNENCUMBERED BALANCE $ 4,487.36 NON -MONETARY CONTRIBUTIONS - (estimated value to Library) Gift items added to the collection (books, records, etc.) (In process of converting to microcomputer for this report) Volunteer Hours (1371.50 X $3.57) Minimum wage + FICA Not Available $ 4,896.00 CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST, IOWA CITY, IOWA 52240 (319) 356-50.00 NEWS RELEASE Fuller Award October 31, 1984 The Iowa Section of the American Water Works Association has awarded Cleo Kron, Iowa City Water Superintendent, the Fuller Award at its annual meeting held in Iowa City in October. The fuller Award is presented to members of the AWWA for distinguished service and constructive leadership in the water supply field. Recipients of this award are selected by the Association Board of Directors. This award recognizes publicly the contribution the recipient has made toward the advancement of water works practice. Mr. Kron has been superintendent of the Iowa City Water Division for the past 22 years and is the past chairman of the Iowa Section of the AWWA. FROM: Administrative Offices CITY Or IOWA' CITY CIVIC CEN(ER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 November 1, 1984 PRESS RELEASE Contact Person: Jim Hencin, Department of Planning 6 Program Development, 356-5244 Re: Public Meetings on Rental Rehabilitation The City of Iowa City will sponsor two public meetings on Wednesday, November 7, 1984, at 1:00 p.m. and 7:30 p.m. in the Council Chambers, Iowa City Civic Center, to inform interested persons about the City's new Rental Rehabilitation Program. Using a $71,500 grant from the U.S. Department of Housing and Urban Development (HUD) for this purpose, the City plans to provide financial assistance for the rehabilitation of residential rental properties located in designated target neighborhoods. For qualified property of 1-11 units, the City may subsidize 50% of the cost for essential repairs, up to a maximum of $5,000 per rental unit through the program. The City encourages all interested owners of older residential rental property to attend one of the informational meetings. Applications for participation in the Rental Rehabilitation Program will be accepted by the 7/ 73 City after Monday, November 12, 1984, and will be considered on a first-come, first-served basis. RECE1VE D " : : 1984 October 30, 1984 Iowa City Council Iowa City Civic Center 410 E. Washington Iowa City, Iowa 52240 Dear Council Members: One in twenty Americans will be affected with Alzheimer's Disease or a related disorder. There are few people in America where lives are not touched by the tragedy of dementing illness. Described as a "funeral that never ends", families are faced with progressive disability, social isolation and financial exhaustion. The month of November is designated National Alzheimer's Awareness Month. Across the country support groups are sponsoring special events and programs to increase public awareness of the disease. In Johnson County, the Alzheimer's Disease and Related Disorder Support Group is inviting public leaders and legislators to share our concerns over coffee, and develop our awareness of how to support our leaders in legislative efforts. You are invited to attend our meeting on Sunday, November 11, 1984, at 1:30 p.m., in the Iowa City Senior Center, 28 South Linn Street. Members of nursing home support gorups, the public, and press have been invited. Re- freshments will be served. For additional information please contact: Geri Hall at 356-4420 (days) or 351-2945 (evenings). Your participation in this event will be appreciated by all who attend. Hope to see you there. Sincerely, Geri Hall GH/jah