The URL can be used to link to this page

Home My WebLink About1982-08-03 Info Packetr City of Iowa City MEMORANDUM DATE: July 23, 1982 TO: City Council FROM: City Manager RE: Informal Agendas and Meeting Schedule July 26 1982 Monday 7:00 - 9:00 P.M. Special Informal Council Meeting - Conference Room 7:00 P.M. - Discuss Area Studies August 2 1982 Monday 4:30 - 6:30 P.M. Conference Room 4:30 P.M. - Discuss zoning matters 4:45 P.M. - Benton and Riverside Reconstruction 5:00 P.M. - Inspection of Owner -Occupied Duplexes 5:20 P.M. - Human Services Funding - Planning and Coordination 5:35 P.M. - Hotel/Department Store Projects - Update 5:45 P.M. - Review Water Bill Collection Procedures 5:55 P.M. - Discuss Hotel -Motel Tax 6:10 P.M. - Discuss Staffing of Resources Conservation Commission 6:20 P.M. - Council Agenda, Council Time, Council Committee Reports August 3 1982 Tuesday 7:30 P.M. - Regular Council Meeting - Council Chambers PENDING LIST Discuss Cable TV Commission Recommendations Transit Fare Policy Evaluation of City Attorney .Meeting with Riverfront Commission Melrose Court Improvements Dubuque Street Improvements Resolutions regarding Non -City Issues Iowa -Illinois Utilities Franchise Meeting with CCN regarding Citizen Participation Plan Waste Water Treatment Plant Update Discuss Job Evaluation Studies Residential Manufactured Housing Zone City Council Salaries Appointment to Mayor's Youth Employment Board - August 17, 1982 Appointment to Board of Appeals - August 31, 1982 1 MICROFILM BY I JORM MICR#LAE3 J CEDAR RAPIDS • DES MOINES I i 1354 1 J r City of Iowa City MEMORANDUM Date: July 30, 1982 To: City Council / From: Neal Berlin, City Manager/'L4 Rosemary Vitosh, Director of Finance I Re: Water/Sewer Billing and Collection Procedure For some time, City staff has been working with representatives of rental property owners to clarify the water/sewer billing and collection procedures, and to resolve specific problem areas as identified by the rental property owners in their dealings with those City procedures. Several problems have been resolved as a result of the City's new computer system which has improved the speed of producing bills and updating account transactions. The remaining areas of concern center around the question of how much responsibility the property owner should have in the collection and payment of outstanding water bills. It has been the City's policy to attach a lien to the property for unpaid water bills. For owner -occupied residences, the threat of water shut-off on delinquent bills provides sufficient incentive for payment. However, in rental units, the tenants frequently move out without paying outstanding water bills and the City then requires payment by the property owner through the lien procedure. Attached for your review are the following: 1. Memo from Bob Jansen regarding his opinion on the lien question and recommended changes in the agreement and City ordinance. 2. Results of the survey made of other municipalities and their procedures for utility billing and collection. 3. Letter to Norm Bailey responding to the property owners' questions. 4. Copy of the updated procedures. Bob Jansen, City Attorney, has provided an opinion on the legality of the lien for outstanding water bills. His opinion states that the City should "continue its present lien policy on unpaid water bills until such time as a court, decision indicates otherwise." He has recommended changes to the "Contract for Water/Sewer/Refuse Service" and the City Code. These changes clarify the property owner's responsibility for outstanding water billings in those cases where the City is dealing with the owner's agent on water accounts. The ordinance amendment will appear on the next Council agenda. The "Contract for... Service" has been revised and will be used following the effective date of the ordinance amendment. 141CROFILMED BY JORM MICR#LAS j CEDAR RAPIDS • DES MO NES 1355 J r The survey results show that Iowa City is more restrictive in its collec- tion procedures. However, these procedures have kept our bad debts at a minimal amount (less than one-half of one percent) annually. This benefits all of our customers because those uncollectable accounts receivable must be borne by all users through the rate structure. Following are a few general comments on the survey's results. The deposit amount is still felt to be sufficient. Currently deposits are refunded upon termination of the account or in one year if payments have been made on a timely basis. The deposit is intended to cover any unpaid bills left upon termination of service. Extending the deposit holding period would offer more protection for property owners and reduce the necessity for lien action. Therefore, it is recommended that the deposit be held for three years. Iowa City does require that a contract for service be signed and, if applicable, a deposit paid prior to an account being established, and water service being initiated. The City will not set up an account over the telephone. The rental property owners believe this procedure represents a problem for people moving in from out of town and arriving after hours or on weekends. However, no problem really exists for the individual can sign the contract and mail it plus the deposit, or the property owner or real estate agent can sign the contract, pay the deposit and set up the account for the new tenants. For the rental property owner, the real problem is that the rental property owner does not wish to be involved in the process. If the City established accounts by telephone, the City would have a problem getting people in to sign the contract and/or pay a deposit. At one time, the City did not require payment of the deposit prior to establishing an account, but would let the individual pay it with the first billing. Too frequently the first bill was not paid and then the City did not have a deposit. This problem led to the policy to require that the deposit be paid in advance. The rental property owners object to being charged a minimum bill between tenants when the account is temporarily placed in their names. The City automatically put the account in the rental property owner's name when a tenant moves out and the City is not notified of a new tenant. The meter is not removed because of the additional wear and tear on meters, the additional staff time required and the problems associated with getting inside the apartment/house to do the removal. In addition, water is often needed between tenants for cleaning purposes. The property owner does not pay a connection fee, only the new tenant pays such a fee. Some cities leave the meter in and do not charge anyone for water usage, which makes little sense. Also, by putting it in the property owner's name, he/she is motivated to get that new tenant in to sign up for water service. Once again, the rental property owner does not want to be involved. Iowa City appears to be the only city that requires payment of an outstanding bill, once shut-off procedures have been started, prior to allowing a new tenant to move in and have water service. This may appear restrictive but this situation occurs almost daily during the four months 135.5 Mi MICROfILMCD RY J I JORM MICR6LAET CEDAR RAPIDS DESMOINES I r E., 3 of heavy changes in the spring and the fall of the year when students and University staff are moving in and out. The City could change the procedures and not require immediate payment by the rental property owner, but this would delay receipt of revenues until liens could be filed and collected (up to an 18 month time lag). Because of the frequency of the problem, no change in procedure is recommended. Also, holding onto the deposit for a longer period may reduce this problem. A letter responding to Norm Bailey, representative of the rental property owners, is attached. It summarizes our decisions and asks that we meet again to discuss these matters. Also attached is an updated copy of procedures. We have asked Mr. Bailey to comment. It is our intent to finalize the procedures and distribute them to rental property owners by mid—August. These issues will be discussed at the informal Council session of August 2. bj/sp I a MICROFILIIED BY 1 "JORM -MIC RbLAB- l CEDAR RAPIDS DES MOINES J /3 SS 1 c� Nf[IIIc�cv Date: May 11, 1982 To: Neal Berlin, City Manager From: Robert Jansen, City Attorney Re: Water Utility Procedures - Lien Rosemary Vitosh, Nancy Heaton and I have reviewed the water and sewer billing procedures and City policy dealing with the owner's responsibilities. As you know, at the present time all users wishing sewer or refuse service are required to sign a card agreement labeled "Application for Water and Sewer Service" which is also a contract for these services. This has been revised and a copy is attached for your review. With regard to the new form of agreement the changes are as follows: 1. The City Code sections are set forth in the agreement rather than the ordinance number which appeared in the previous agreement. 2. The agent's responsibility is designated and is designed to bind the owner. The ordinance (833-115) will need to be amended to add the defini- tions of owner, agent, and service agreement which are attached to this memorandum.' 3. The ordinance changes will provide that delinquent or unpaid accounts shall be transferred to the owner's account or filed as a lien against the property which received the service. In addition the ordinance change will reflect that the owner's agent may sign the agreement, on behalf of the owner, and have the account placed in the I agent's name for billing and notification purposes. The City Code provides for liens, for non-payment of water and sewer bills (5836-167c and 33-46). However, the lien for waste disposal appears to be limited to those instances where, if the City desires not to withhold solid waste management services for public health reasons, it may provide the services and certify the costs of same to the County auditor. (815-6) As you know, the validity of the lien for water services has been challenged by the attorneys representing the apartment owners' association. The basis for that challenge is an Attorney General's Opinion dated December 20, 1976. This opinion holds that delinquent sewer bills, sanitary disposal fees, weed cutting and snow removal may be assessed as costs against the property and constitute a lien on the property as these are items expressly autohrized by state statutes. (Iowa Code 58384.84(1); 364.12(e) and 364.12(3)(g)) The /3S5 l � I41CRO(ILMED BY I 1 JORM MIC RbLAB � I CEDAR RAPIDS DES 1401NES � i i r opinion goes on to hold that there is no statutory authorization to impose a lien for unpaid water rates. So holding the Attorney General overturned an earlier opinion which held that under home rule a city could assess unpaid water bills against the property and certify for collection in the same manner as taxes. The current opinion cites authorities to the effect that rates of a municipally owned utility, such as water, are not ordinarily taxes or assessments. In an opinion dated June 4, 1976, to John Hayek, then Assistant City Attorney Tony Kushnir wrote that the City can create a lien for unpaid water bills. This is based on the fact that 5384.84(1) of the Iowa Code provides that the governing body of a city utility may provide for the collection of rates, finance the operation and maintenance of the utility. The same Code sections stated that rates for sewer systems; solid waste disposal and collection, if not paid, shall constitute a lien. The opinion also relied on 5384.93 in the same chapter which states that the enumeration of powers stated in the foregoing sections of specified powers and functions is not a limitation of powers of cities. Applying a home rule analysis, Kushnir reasoned as follows: "Home rule" as it took effect July 1975 operates on the theory that municipalities should be free to regulate their owner municipal affairs without interference by the State. A city may exercise its general powers subject only to the limitations expressly imposed by a state or city law. Among these limita- tions are that a municipality may not enact a law that is irreconcilable with state law, nor levy a tax unless specially authorized by said state law. Under this theory of inherent power to legislate subject to certain limitations, it is my opinion that a municipality may enact an ordinance providing for a lien upon the premises of a consumer who has not paid for water supply. 5384.84(1) grants municipalities power to establish collection procedures and specifically allows the creatio of a lien as a method of collection for unpaid sewer bills. This language taken with the home rule grant and the provision of 5384.92 shows that the state legislature did not intend specific powers enumerated in 5384.84(1) be a limitation of powers but merely an enumeration of the powers and procedures that can be enacted. The establishment of a lien for non- payment of water bills is consistent with the provisions and intent of Chapter 384 and home rule." Accordingly, present City Code 533-167(c) was enacted by the City Council. Admittedly, the foregoing opinion was written some six months prior to the Attorney General opinion relied on by the property owners. Nonetheless the opinion can continue to serve as the justification for continuing to MICRor1U4ED BY j JORM MICR6LA9 CEDAR RAPIDS • DCS MOV I3SS 1 J maintain the lien provided in City Code 533-167(c). Since the lien question is yet to be tested in the courts, I recommend that the City continue its present lien policy on unpaid water bills until such time as a court decision indicates otherwise. cc: Rosemary Vitosh, Finance Director Nancy Heaton, Treasurer bj2/9-11 i I MICRO(ILt1CD BY 'JOR M. MIC RbLA B�' CEDAR RAPIDS • DES MOINES ,15T J r ORDINANCE DEFINITIONS (AMEND 533-115 CITY CODE BY ADDING THE FOLLOWING DEFINITIONS) OWNER - All water service to a property shall be the direct responsibility of the person (as defined in 51-2 of this Code) having ownership of that property as shown in the records of the Johnson County Recorder's Office. This responsibility includes proper installation and maintenance of equipment, and all billings and fees as allowed by ordinance. AGENT - Shall include a tenant, manager, realtor or other person acting for and under the authority of the owner of the property. Although an agent does not change the responsibility of the owner, he/she may have the account in his/her name for purposes of billing and notification of maintenance and collection activity. SERVICE AGREEMENT - An agreement signed by the"owner/agent to authorize water, sewer and refuse service for a property. This agreement defines the owner's responsibilities and permits an agent to execute the agreement on behalf of the owner and put the account in his/her name for billing and notification purposes. / :5uor i 141CRDFll4ED BY I1. -JORM MICR46LA13 _1 � CEDAR RAPIDS • DES MDINES I � CONTRACT FOR NATER/SEWER/REFUSE SERVICE This card is a contract between the undersigned property owner and the City of Iowa City for water, sewer and refuse service to the stated property. The following defines the owner's responsibilities and the City's regulations for furnishing service. Before service is furnished, current information must be provided and this Service Contract Card signed. A $25.00 deposit is charged on residential accounts for each new payer. Commercial account deposits will be determined based upon the estimated average montly service usage. i Deposits will be refunded upon termination of service; or after one (1) year provided payments are maintained on a current status. Charges for service are due when rendered and become delinquent fifteen (15) days thereafter. City Code 533-46 and 33-167 provide that sewer and water service may be discontinued to any user who has not completed payment within thirty (30) days after a charge is rendered. Unpaid or overdue accounts will be transferred to the undersigned owner's account or filed as a lien against the property. The City will supply water only through its own meters. The property owner is responsible for loss or damage to meters which the City shall replace and repair at the owner's expense, payable at the time of the next.. I billing. The owner agrees that nobody shall set, remove or repair meters except the City or its employees. The City's employees shall have access to the property during reasonable hours for service and maintenance work. The property owner is responsible for the maintenance of the service pipe from the city main. The service pipes are to be kept free of leaks. If the property owner fails to do so, the City may discontinue service and/or make the necessary repairs. The expense for these repairs must be paid before the service is resumed. Although the City recognizes the owner of the property as the person responsible for this account, the owner's agent may sign this service contract card and place the account in his/her name for billing and notification purposes. An agent's signature binds the owner to this agreement the same as if personally executed by the owner. In addition, an agent may be served with any and all notices the same as if the owner were served with same. 1OSS 111CRDFILIIED BY i I i -DORM MICRbLAET� -1 1 , CEDAR RAPIDS • DES MOINES � � Ii frp �f i LL b SURVEY OF UTILITY BILLING AND COLLECTION PROCEDURES eWsI t: a) 150.00 a) •0- a) Residential- a) Res ldentlal- a) $25.00 $40.00a) Amount - a) $20.00 a) $10.00 ommerc 550.00 Cpnmercia l- Commerclal- depends on based on two . sl:e of meter months averag usage b) For new accts. b) For new accts. b) Those not hwho had ave ice b) Who Is charged - b) Charge If feel b) Tenants b) Tenants b) N/A intheir name Is necessary- for 1 year or type of perso have a Door unemployed, payment record credo t risk, etc. Rental Properties: a) Tenant a) Tenant a) Tenant a) Tenant a) Tenant a) Tenant a) Account In whose name - a) Tenant ui red if bl Require Signature to b) Signature re- b) Can set up b) Signature re- b) Can setup acct. b) Cby etueacct. b) Can set up acct b Signature ire re- by LOTephone, by phone depos It is re- set up account - qui red only if acct. by phone qulred but must sign qulred deposit Is re- witea,hin I week quired eaves otter in but does In 6 charges locked so can leaves meter and charges c) Remove meter between c) Remove meter c) Lea ves meter c) Remove meter c) Llandlordtmin- c) beano usage rs are c) Rinopeputsl In c) Llandlord minn tenants.- not put in i°a"a tman even If between ten- nan�dlord's landlord's no usage be ants name !ween tenants bill is given bill Is given bureau for d) if tenant tdoves uncover d) GI Von creditu for d) Given to colser- d) Nco11 ction d)Unpa ld wa ler d) Unpaid water ler d) Given c credit d) Leins are !I e flue! bill. how Is it collection vice (they agency. may to a collet• to collection collection collected - keep 50% of file Leins fo tfiln Sewera end ncy a refuse are r what they col sewer and what) refuse -not refuse are filed as loins consistent filed as le in. , re e) If water had been shut e) Is reconnected e) Is reconnected e) is reconnected e) Is reconnected el Is reconnected e) Iwitl new to an e) iOwhen utstandinged off for non-paynent, Is for new tenon fornew tenant for newtenan wu1rtino aftth without pay nl withouw tenon bill hasbeen It reconnected If a new without re- without re ithout pe Y- quir�ing pay out re- blit has been ment paid by land - tenant moves In - Fairing pay- q lord event by land• ment by land- event by land- paid by the lord lord lord landlord collected a) Bills elec- a) 45 days a) 33 days a) 77 days (bill a) 36 days trlc,water a) Number of days from e) 60 days a) 27 days quarterly) 6 sewer. Dis- billing date to shut- connects if date for non- electrical payment - service if possible Instead of waterservtce i bl SI0.00 b) Ito charge b) $10.00 ($20 b) $if after If after hours) b) Reconnection fee.- b) $7.73 61 $10.00 6) $16.00 hours) 1 111CROF1LMED BY j JORM MICR6LA13 ) J CEDAR RAPIDS • DES MOINES I 7 I r CITY CIVIC CENTER 410 E. WASHINGTON ST. July 22, 1982 Mr. Norman Bailey 919 Talwrn Court Iowa City, Iowa 52240 Dear Norm: IOWA IOWA 0TY, IOWA 52240 CITY (319) 356-5CO0 Based upon your inquiry, we have reviewed the City's water, sewer, and refuse administrative operations. While the City's procedures may be somewhat more restrictive than those of some other communities, I know you understand the necessity for good business practices. These procedures have resulted in bad debts of less than one-half of one percent. This minimizes rates for all customers and insures that all users pay their fair share. You were concerned about the use of property tax liens for the collection of water charges. The City will continue its current policy of filing liens against the property owner for unpaid water bills. A legal opinion from the City Attorney and an ordinance which will amend definitions are enclosed. However, in order to mitigate any problems which liens represent for owners of income producing residential property, the City will retain the customer's initial deposit for a three year period instead of the current one year period. This process will provide funding for more of the unpaid bills and reduce the necessity that the property owner become involved. You also inquired about the necessity of putting the account into the property owner's name between tenants. Another alternative is to temporarily remove the meter. The wear and tear on meters, the difficulty in getting inside to physically remove the meter and the additional staff hours such action would require would be overwhelming and quite costly to the City. This procedure would greatly slow down connection activity in the busy spring and fall months because of the additional staff time required to remove/replace meters. Also, it is not acceptable to leave the meter in and not charge for any water usage between tenants, as there then would be no incentive for the new tenant or the property owner to see that the account was established in the new tenant's name. The property owner can request that the meter be removed between tenants but this must be requested in each situation as the City will not automatically do so. A fee is charged for the meter removal if the time period between tenants is less than 30 days. 141CROFILIIED BY t JORM MIC R4ILA B J CEDAR RAPIDS DES t401HES /3.S.S r Nr. Norman Bailey July 22, 1982 Page 2 Another procedural question relates to the City's insistence that the contract for service be signed and, if applicable, the deposit paid before an account is established. The City does not take new account information by telephone. As an account can be established by mail or by the landlord or a real estate agent in advance, the inconvenience for new customers is minimized. Experience has demonstrated that it is exceedingly difficult to get customers to provide the necessary information and deposit once service is initiated. An updated copy of the procedures which apply to rental properties is enclosed. Your comments on the City's procedures and policies will be appreciated. I would like to schedule a meeting in which we could discuss these matters and look forward to hearing from you. The City Council will discuss these matters at the informal Council session of August 2. Sinc rely yours, Neal G. Berlin City Manager bdw/sp Enclosures: 1 - Legal Opinion 2 - Ordinance Amendment 3 - Memo from Finance Director and City Manager cc: Mark Hamer Rosemary Vitosh / 35.5 l j 141CROFILIIED BY r c ' JORM MIC R({/L AB- � CEDAR RAPIDS DES MOINES I 1 r ORDINANCE NO. ORDINANCE AMENDING SECTION 33.115 OF THE CODE OF ORDINANCES CONCERNING DEFINITIONS PERTAINING TO THE WATER UTILITY ORDINANCE. SECTION I. PURPOSE. The purpose of this amendment is to amend the Water Utility Ordinance to add the definitions of owner, agent and service agreement. SECTION II. AMENDMENT. The Water Utility Ordinance of the Code of Ordinances is hereby amended by the following: Section 33.115 is hereby amended by adding the following definitions: Owner - All water service to a property shall be the direct responsibility of the person (as defined in Section 1-2 of this Code) having ownership of that property as shown in the records of the Johnson County Recorder's Office. This responsibility includes proper installation and maintenance of equipment, and all billings and fees as allowed by ordinance. Agent - Shall include a tenant, manager, realtor or other person acting for and under the authority of the owner of the property. Although an agent does not change the responsibility of the owner, he/she may have the account in his/her name for purposes of billing and notification of maintenance and collection activity. Service Agreement - An agreement required by the City to be executed by the owner/agent to authorize water, sewer and refuse service for a property. This agreement defines the owner's responsibilities and permits an agent to execute the agreement on behalf of the owner and put the account in his/her name for billing and notification purposes. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such ajudication shall not affect the validity of the Ordinance as a whole or any section, provision or I IIICROFIL14ED BY 1 I JORM MICR OLAB -� CEDAR RAPIDS • DES MOINES ' I AIST 1 fF Ordi ^,ce No. Page 2 part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication'as required by law. Passed and approved this MAYOR ATTEST: CITY CLERK It was moved by , and seconded by that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: _ BALMER _ DICKSON _ ERDAHL _ LYNCH _ MCDONALD _ NEUHAUSER PERRET First consideration Vote for passage: Second consideration Vote for passage: Date published 1 i 141CROFILMED BY 1 JORM MICR46LA13 CEDAR RAPIDS • DES MOINES 1 I r1 Tenant/Owner Utility Procedures City of Iowa City I. Definitions II. Service Agreement III. General Procedures A. Types of Service Connections B. Types of Service Disconnections C. Billing Activity D. Customer Activity E. Collection Procedure F. Property Tax Lien G. Problem Areas 9 1 R LCRorILMED BY 1. "-JORM MICRbLAB" .J CEDAR RAPIDS • DES MOVI f / 36'r r I I I. DEFINITIONS Administrative Hearing - hearing for the purpose of determining validity of bill, answer questions and/or making arrangements for payment. Agent - shall include a tenant, manager, realtor or other person acting for and under the authority of the owner of the property. Although an agent does not change the responsibility of the owner, he/she may have the account in his/her name for purposes of billing and notification of maintenance and collection activity. Billing cycle - period between two regular billings on an account. Cubic foot - measurement for water used which is equal to 7.5 gallons. Meter - device installed on water line to measure or meter amount of water used. Nor - (Neptune outside reader) outside installation (small black box) which allows inside meter readings to be taken without entering the dwelling. Owner - all water service to a property shall be the direct responsibility of the person (as defined in 51-2 of this Code) having ownership of that property as shown in the records of the Johnson County Recorder's Office. This responsibility includes proper installation and maintennance of equipment, and all billings and fees as allowed by ordinance. Service Agreement - The customer service card signed by the owner/agent to authorize water, sewer and refuse service for a property. This agreement defines the owner's responsibilities and permits an agent to execute the agreement on behalf of the owner and put the account in his/her name for billing and notification purposes. i nlcRor ILnED BY ' JORM MICR6LA13 CEDAR RAPIDS DES MOINES � � � I r XL�.r,, II. SERVICE AGREEMENT CONTRACT FOR WATER/SEWER/REFUSE SERVICE gned property owner and the City sewer and refuse service to the stated property. This card is a contract between the refusundere servicbilites and the City's of Iowa City for water, resp The following defines the owner's regulations for furnishing service. Before service is furnished, current information must be provided and this A $25.00 deposit is charged re,id Service Contract Card signed. Commercial account deposits usage. each new payer. e monthly accounts for on the estimated average or after three (3) determined based up on termination of service; Deposits will be refunded upon tnquent fees. years of service without any Code 533-46 and 33-167 provide that sewer and fifteen completed payment Charges for service are due when rendered and become delinquent (15) days thereafter. City o any user who has not comUnpaid or overdue water service may be discontinued tcharge is rendered. within thirty (30) days after a ned owner 's account or filed as accounts will be transferred to the undersig a lien against the property. ro erty owner through its own meters. The property replace The City will supply water only a to meters which the City is responsible for loss or dense, payable air meters except air at the owner's exp a able areth movetore rep the next billing. and rep person shall set ,es shall have access to the The owner agrees thThe City's employe the City or its employees. property during reasonable hours for service and maintenance work. ary 51 The property owner is responsible for the maintenanceekept free ofeleaks�cIf the from the city main. The service pipes are to be kep the City may discontinue service aadd/°r ma e before owner fails to do so, expense for these repairs must be p property repairs. The exp the necessary P the service is resumed. ro erty as the person the City recognizes the owner of gentpmay sign this service Although the owner's a9 lace the account in his/her name for billing an and responsible for this account, notification dpurp purposes* An agent's signature the owner.ds e owner to In addit on,han agreement the same as if personally executed by t may be served with any and all notices the same as if the owner were agen served with same. I 141CROFILI.10 9Y DORM MICROLAB CEDAR RAPIDS • DES M01lIES hiss 7 r III. GENERAL PROCEDURES Types of service connections: New customer - All customers who have not had water service in his her name for a minimum of three years within the last five year period will be required to sign a customer service card and pay a deposit to authorize service at an address. An owner/manager or realtor may sign the card and pay the deposit on behalf of a tenant/client. A connect fee is charged on all new customer accounts. 2. New construction - Contractors are required to notify the city when a dwelling is ready to have a meter set or installed. At times, the plumber will notify the city or a city official will initiate the meter set which can result in a lack of billing information and, in some cases, incorrect billing information. A connect fee is charged on all new accounts. 3. Customer change of residence - If a current customer who had met the three year deposit requirement changes residence, he/she can call the utilities staff and request to be finaled on the current address and "set up" for billing at the new address. If the deposit requirement has not been met, a deposit will be requested at the new address. A connect fee is charged when a dwelling is listed for the first time in a name. Owner's/Mana er's name between tenants - When a tenant notifies the utility staff that he she is moving and no one has authorized service to start for a new tenant, the City returns the account automatically into the name of the owner/manager. If service is authorized within 15 days by a new tenant and no billing activity has occurred, the owner's/manager's account is set to "inactive" and the tenant billed as of the date of the prior tenant's final bill. No connect fee is charged on the automatic return to the owner's/manager's name. When an owner/manager receives an interim bill for a few days, he/she can determine that the bill should be paid by the tenant and inform the tenant of the responsibility. Once a billing hsa been processed in a new owner/manager's name, the City cannot collect from the tenant. 5. S ecial readings - If an owner/manager desires to retain the account in his/her name, a special reading may be requested when tenants move in or out. (The special reading can be requested at other times when a customer needs to know usage on any given date.) A connect fee is charged for a special reading. B. Types of service disconnections: Sale of property - If a property is sold and the current customer requests that service be discontinued, he/she must make arrangements with the water service staff for access to remove /3.SS 141CROEILMED BY _ CORM MIC ROLAB CEDAR RAPIDS DES M011IES ' i _ J C r the meter. There is no charge for a service disconnection when a dwelling transfers from one owner to another. The new owner will pay a connect fee. Remodeling - If remodeling or construction requires that water be disconnected, the disconnection will be made without charge. A reconnect fee will be charged when service is restored. Lack of access - During normal working hours, a customer is required to allow the water service staff access to the meter for maintenance (repair and readings). If a written request is made by the City and no response received from the customer, service will be discontinued at the "stop box" located on the service pipe between the water main and the dwelling. A connect fee will be charged when service is restored. 4. Non-payment of account - If all steps of the collection procedure have been completed, the City will discontinue service at the meter or at the stop box serving the dwelling. (Please refer to Section E. Collection Procedure.) 5. Other disconnections - The city does not encourage discon- nections due to the service personnel time involved and the possiblity of damaging meters or stop boxes. However, if a disconnect is requested because a house will be vacant for one month or longer, the disconnection will be made at no charge. If the disconnect period is less than one month, a fee will be charged to the owner/manager. C. Billing Activity - After a customer has authorized service, the account is entered in the computer program with an active status and a process date. This process date is the date upon which the reading is to be taken. 1. Work Order for Reading Requests - The length of time between a reading request and the date of the reading is a minimum of seven days. The orders are printed once each week for all accounts with a process date during that week. The water service staff will secure the required readings. However, approximately 10% of the orders cannot be done on requested date due to lack of access to the meter. A card is hung on the door requesting someone to contact the service division and, in some cases, a request in writing will be sent to the owner. 2. Billing Dates - All customers are billed every two months on the -monthly bibilling cycle. Bills are mailed on the first four Wednesdays of each month. Special readings, finals and rebills are billed on the next weekly billing after the reading has been obtained. Items on the water billing - The bi-monthly amounts billed for water, sewer, refuse, and tax plus the deposit charge, the service fees, the reconnection fee and the administrative fees are itemized on the bill. These are computed as follows: MICROFILM BY ' JORM MICROLA13 j CEDAR RAPIDS •DES MOINES 1356 r 5 a. Water - Minimums are charged based on meter and pipe size: The average residential customer would have a h" to 5/8" meter and would be charged based upon the following schedule: first 200 cubic feet minimum = $2.60 per month the next 2,800 cubic ft. _ .60 per 100 cubic ft. the next 17,000 cubic ft. _ .36 per 100 cubic ft. the next 20,000 cubic ft. _ .32 per 100 cubic ft. b. Tax - A state sales tax of 34 per $1.00 of the amount charged for water. C. Sewer - Includes a monthly minimum of $1.63 if no usage has occurred on an account or on the first 200 cubic feet of, usage each month. (The bi-monthly minimum is $3.25 for 400 cubic feet on the regular billing.) Usage above the minimum is billed at a flat rate of $.355 per 100 cubic feet used. d. Refuse - $3.00 per month per dwelling unit on each meter. The City will collect all refuse from one thru four family dwelling units unless an exemption is made by the Streets and Sanitation Division. These exemptions include commercial properties, condominium units with a refuse provision, business in a residence, etc. These units must employ a private refuse service. e. Deposit - $25.00 for all customers who have not had service in his/her name for a minimum of three years at one residence. A spouse or roommate named on the original service card may have service in his/her' name without a deposit. f. Connect fee - This $8.00 fee is charged when an account is set up or put in a name. It covers computer setup and trip for reading. g. Administrative fee - This delinquent $3.00 fee charged on the 44th day after the billing date is based on materials, costs and personnel and computer time involved in the collection activity. It is not charged the first time an account is delinquent in each year. h. Reconnect fee - This $8.00 fee charged on the 44th day after The billing date is based on the personnel time and the actual delivery of the notice to the premises where the disconnect is to occur. It is charged when service is restored if the disconnection was by customer request. i. After hours fee - $12.00 will be added to the reconnect fee Tor the cost of calling an employee in to do the service work. Working hours are 8:30 to 4:00 Monday thru Friday. Id ICROFILMED BY -JORM MICR6LA9 1 � CEDAR RAPIDS DES MOINES I i /83'5 7 r 6 j. Credit - If a credit adjustment or overpayment has occurred, the total of the billed amount will be reduced. 4. Billing types - A message on the right hand stub identifies a special, rebi11 or final billing. If no message is printed, the bill is from the regular bimonthly billing cycle. 5. Payments on Account - All accounts are payable within 15 days of the billing date. a. Substations - Bills may be paid at the Rochester Hy -Vee, Towncrest Drug Fair, Sycamore Mall's Randalls, Motts Drug or Pearson's Drug if paid by the delinquent date. If paid after that date, the account may not get credited until after the collection procedure has begun. b. The account number must accompany all payments so the amount can be credited properly. At times we receive checks from persons paying an account listed in someone else's name. In addition, the address on the check may not be the address to which the payor wants the amount credited. 6. Account Status a. Balahce of account - If an inquiry is received asking for the current balance of an account, the staff will probably assume the tenant is still living at the address and check the receivable file. The receivable file will only indicate the amount due and not whether a final billing has been computed. b. Final billing - If the tenant has moved, You will need to inform the utility employee that the tenant has moved and on what date. He she will then check the orders to seeif a final billing was requested and whether the billing has been processed. If it has not been processed, he/she can tell you on what date that billing will be available and mailed to your former tenant. C. Information Request Form - Requests for information on account status, billing/payment history, or for several accounts, which may take a significant amount of time to compile, may be submitted upon an Information Request Form. These forms are available from the cashier in the Civic Center or will be mailed upon request. Once a request form is received, the requested information will be compiled and returned within two working days. Rental property owners may wish to keep a supply of these forms on hand for such requests. D. Customer Activity - The following information is required for each customer either at the time of original service or as status changes are requested. MICROFILI4ED BY I DORM MIC RGlLAB CEDAR RAPIDS DES MOINES I I .r 1355 it 7 1. Account Number - Example: 003-054-00. The first three digits (003 identify the route number. The three digit middle section of the account number (054), is assigned to the address and the last two digits (00) tell us that this is the original customer or water user at this address. This digit is increased by one number each time there is a customer change at this address. 2. Previous customer - A customer who has met deposit requirements and will not be charged at this time. 3. New customer - A customer who will be charged a deposit. 4. New set - Original service at a location. 5. Reset - A change in customer at a location with service. 6. Change meter or meter exchange - When an existing meter is removed and a new meter installed. 7. Special reading - Anytime a billing is requested other than the regular billing cycle date. 8. Final reading - The reading taken on the day a customer moves out. 9. Rebill - If a billing is not processed for an account on its scheduled billing date, corrected information is provided so that it is billed on the following week. 10. Meter number - The serial number of the meter at this location. 11. Size - The size of the pipe and the meter at the location. This determines the minimum charge per month for the account. 12. Rem - The meter reading to be used for the computations of The billing. 13. Date - The date the reading is to be taken. 14. Master file - All amounts receivable and billing history files are in account number order. However, we also have master files in alphabetical order so an account number can be found if the customer's name or the address is known. 15. Responsible party program - If a landlord/manager furnishes his/her name and address for each rental unit, a duplicate of the tenants' hearing letter will be mailed to the landlord/manager. This helps inform the landlord/manager of the status of the account. An occasional hearing letter does not indicate a problem account, but continuation of such notices at one address may mean that a landlord will have a liability for an unpaid account. /355 141CRDEILMED DY 1 I JORM WSiG RmL.+23 � CEDAR RAPIDS • DES MOINES I � r _ ) li r 1.1 E. Collection Procedure - for non-payment of billed amounts. 1. Hearin letter - On the fourth billing cycle (usually four weeks after a section is billed, an administrative hearing letter is mailed on all unpaid accounts which exceed $10.00. This letter offers a date for a hearing and gives notice of the discontinuance activity plus the charges for the administrative action on a discontinuance and the service fee. A copy of this letter will be mailed to the owner/manager if listed as the responsible party. 2. Shutoff listing - If no one appears for the hearing, or no arrangement has been made for payment, and no payment has been received, a "shutoff list" is prepared for the service division and the service fees are added to the outstanding account balance. 3. Shutoff carding - The water service staff cards the property where the service is to be discontinued. The card which states the amount due and the date on which the account will be shut off is hung on the door of the dwelling. At this time a partial payment will not stop the shut-off and no arrangements for installments are made. In addition, an account that has been carded will not be transferred to another name unless the property was sold in the interim. 4. If the water is turned off, the total amount due and fees must be paid in cash before service is restored. Checks are not accepted as payment at this time. 5. If a tenant no longer lives in the house or the house has been sold and the tenant does not have service in his/her name at another location, the amount due will be transferred to an account in the owner's name if such an account exists. Also, an unpaid account will be transferrred to a new account in the same name. A letter notifying the person of the pending transfer is mailed 10 days prior to the transfer of the amount. F. Property Tax Lien: 1. Lien listing - If an account, past due over three months, is still unpaid in November, a listing of these accounts is prepared. 2. Legal descriptions - City staff secures the names and addresses of the property owners and the legal description from the City Assessor's files. 3. Hearing letters - Letters are mailed to the property owners in whose name the tax lien will be filed. These letters list the Council hearing date, the dates in which past due amounts accrued, the past due amount, and the date on which the City Council will certify the amount as a lien. IdICRUILMED BY � 'JORM MIC R1i/L lAB - 1 CEDAR RAPIDS • DES MOINES i is 5s ii r 0 9 4. Liens filed - If unpaid after the Council hearing, the Council will authorize the City Clerk to file liens with the County Auditor. 5. Liens ontax rolls - The Johnson County Treasurer includes these ie lns on the next property tax billing. G. Problem Areas - Some areas which create problems for everyone involved are: 1. Lack of authorization of service - Tenant does not come in to sign service card and account cannot be transferred into his/her name. 2. Lack of notification of tenant moving out - A billing cannot be provided within 3u days if the Ctty is not notified in advance to take the reading on the day tenant moves. 3. Lack of access to meter - Many times it is difficult to get to meter if a reading is needed. The water service staff does not set a date for this reading unless someone makes the arrangements to let the service person in, but on many occasions no one is there at the specified time. 4. Lackof name of responsible party - A high percentage of renters To not know the name and address of the owner of the property. 1 � I 141CROEILMED BY JORM MICM6LAB -! --� CEDAR RAPIDS • DES MOVES f pass JAI r City of Iowa City MEMORANDUM Date: July 23, 1982 To: City Council From: Assistant City Manager Re: League of Iowa Municipalities' Legislative Policy Statement Attached is a copy of a communication from the League of Iowa Municipalities requesting input for the 1983 Legislative Policy Statement. This form appeared on the inside cover of the June, 1982, edition of Iowa Municipalities. The City Council has, in the past, forwarded a list of legislative issues of concern to Iowa City, recommending that these be included in the Policy Statement. The attached makes reference to issues on which the City has previously taken a Position. These relate to: 1. Fair Play - Considerations regarding Mandated Costs. 2. Taxation - Local Option Taxing authority. 3. Road Use Tax - Restoration of previous levels of funding and allocation of a more proportionate share for municipalities. 4. Transit Assistance - Equitable formula for distribution which recognizes effective and efficient operation and service. 0 5. Civil Service Law Reform - Update antiquated laws. (Anne Carroll has participated in drafting new and amended provisions.) In addition, Council has previously specified certain priorities which you may wish to add to the 1983 list. These relate to: 1. Taxation - Opposition to further taxing limitations or imposition of new spending limits on local government. 2. Municipal Assistance - Continuation of this program at the current level. 3. Open Meetings Law - Revisions to remove unnecessary requirements which make it impractical and costly for local governments to comply. 4. Tort Liability - Clarification of responsibility for removal of snow and ice from public sidewalks. 5. Public Records - clarification of the law to define what are public records and what are not. I believe we should respond to the League with a priority list of all or some issues listed above, along with any other issues or concerns which Council may wish to include. I envision, based upon past Council discussion, that the above items could be prioritized roughly as follows: 13. 141CR0EILMED BY � 'JORM MIC R46LA B� � CEDAR RAPIDS • DES MOINES I 1. Taxation issues including local option taxing authority and opposition to further taxing or spending limitations. 2. Mandated costs controlled. 3. Municipal Assistance retention. 4. Road Use Tax allocations. 5. Transit Assistance allocations. 6. Public Records Law clarification. 7. Tort Liability as it related to sidewalk snow and ice removal. 8. Civil Service Law reform. 9. Open Meetings Law revisions. I will request at your informal meeting on August 2, 1982, that any additions, deletions, or revisions of the above be discussed and communicated so that I may forward this material to the League immediately thereafter. Although the attached indicates an August 1 deadline, I am assured that submission of this material within a few days after that date is acceptable. bj/sp /3S6 MICRorILMro BY . j 1 "JORM MIC R#LA9� .� CEDAR RAPIDS •DES MOIYES I 1 r LF.. Ideas for 1983 legislative action WE NEED YOUR HELP and the help of your colleagues to develop legislative goals for the League of Iowa Municipalities for the next year. You and your colleagues are encouraged to meet together to discuss legislative issues the League should and should not support. Submit your ideas on the form below by August 1. A LEGISLATIVE POLICY STATEMENT, incorporating ideas we receive from member cities, will be adopted at the League's annual conference in September. That statement will guide the League staff and city officials as they work with legislators and other state officials. THE POLICY STATEMENT will be com- posed of general legislative coals and objectives for the League. You are also Invited to submit resolutions on specific issues that effect Iowa cities. Resolutions will also be acted on at the annual conference. THE LEAGUE EXECUTIVE BOARD will meet this summer to recommend a slate of Issues to delegates at the conference. HELP DEVELOP A POLICY STATEMENT that includes the legislative goals your city would like to work for. Take advantage of this opportunity to participate in your Leaguel August 1 deadline Please complete and mail your recomr dons by August 1. Feel free to attach ad al sheets if you con out of space. Mail to: League of Iowa Municipalities Suite 100 900 Des Moines Street Des Moines, Iowa 50316 PART I Here are some legislative issues likely to sur. Law enforcement – Including state face in 1983. Rank them in order of impor• funding for training ofofficers. tante to your City and rank only those is• sues you would like to see included in the Road Use Tax – Insure that cities get policy statement. fair share of that money. _._ Collective Bargaining. Fair play – Cities should be reimbursed _Transit Assistance – The state should for costs imposed by the state over continue or increase support for transit which they have no control. systems. Taxation – Grant cities additional local — Horne rule – The legislature should rtco- option taxing authority such as sales, ognize the right of self-determination Income, wheel and payroll tax. granted to Iowa citiesin 1958. Taxation – Other issues, including uni• _ Water issues. farm assessment practices, effect of property tax exemptions on cities, ci• Civil service law reform. tics receive their fair share of state reve- nue generated from cities. etc. _ Other. PART II Please elaborate on any of those issues you have ranked above. Also, submit your ideas on other issues you believe should be addressed in the policy statement or by resolution. The City of (believes, supports, opposes... ) SUBMITTED BY name title street city zip phone (arca collie) 2 IOWA MUNICIPALITIES, June, 1987 1� r IIICROf ILMED BY JORM MICR6LAB- - CEDAR RAPIDS DES MOINES ' I 1 3xe r RECEIVED JUL? 1982 IOWA -ILLINOIS GAS AND ELECTRIC COMPANY IOWA CITY. IOWA 52240 T. T. HOOGERWERF 20 July 1982 DISTRICT MANAGER Mr. Neal Berlin, City Manager City of Iowa City Civic Center 410 E. Washington Street Iowa City, IA 52240 Dear Mr. Berlin: I have carefully reviewed your June 16 letter and the following comments address, in order, the issues contained therein. 1. We agree the new electric and gas franchise ordinances should be relatively short ones. A franchise constitutes a contract whereby the utility company commits itself to serving the public in a city and the city grants the utility the right to use the streets, alleys and public grounds to carry out this function. The grant to the utility is essentially then, an easement. We believe a separate ordinance is desirable, however, for each utility service. The enclosed drafts of proposed ordinances are less lengthy than those currently in effect. The shorter documents are possible because of the additional jurisdiction statutorily granted to the Iowa State Commerce Commission in 1963'as to rates and service. City government should be primarily interested in having available good, reliable utility service for its inhabitants. A straight forward franchise ordinance should limit itself to that purpose. It seems prudent to utilize different ordinances for regulation of the Company's use of streets, alleys and other public places. Subdivisions, excavations in streets and similar areas of the City's responsibilities are or can be effectively administered by separate ordinances which may require revision to meet changing circumstances. Referenda would not be required to make those changes, which would be required if they were part of the franchise ordinances. 2. We have no current plans to expand the undergrounding of electric facilities in the downtown area. Our letter of November 16, 1981 (attached) outlines the cost in 1982 dollars of expanding the project. The City should provide for the cost of this expansion beyond what would be required to serve an estimated reasonable growth. We don't believe this expense should be borne by all customers of the Company or Iowa City. Undergrounding electric facilities in existing overhead residential areas is a very high-cost procedure with the only benefit being improved aesthetics. A Federal Power Commission POST oTT¢E 90. 1760 SOW a*r Ow. fn.o PONE 3r9 334 9791 141CROFILIIED By JORM MICRbLA6 CEDAR RAPIDS • DES MOMES 1,357 1 r L.e IOWA -ILLINOIS GAS AND CLECYRIC COMPANY Mr. Neal Berlin 20 July 1982 Page 2 (?PC) study has estimated the cost of replacing the electric overhead facilities with underground would be about five times the cost of overhead construction. This compares to new subdivisions where the cost of underground construction is about two times the cost of overhead construction. In addition, the customer -owned electric service entrance equipment would have to be rebuilt to accept underground service. The Company does not install this type of equipment and the customer would have to hire an electrical contractor for this work. This would probably cost each customer $500 or more. When customers become aware of the cost of converting overhead facilities to underground, almost without exception, they conclude the benefit is not worth the cost. Our rules and regulations, approved by the Iowa State Commerce Commission, provide that conversion'from overhead to underground construction shall be at the customer's expense. The facilities of others - telephone, cable TV, etc. - may also be affected and this may result in additional costs. The discount on mercury vapor lights was started in 1967 to encourage municipalities to replace incandescent street lighting. In today's energy environment, discount or promotional rates are viewed as contrary to the philosophy that all rates should be cost based. The Iowa State Commerce Commission continues to state their opposition to discount rates. The National Energy Act of 1978 placed emphasis on rates which reflect the cost of service. All larger utilities are now required to make periodic cost of service studies by rate schedule. The Iowa State Commerce Commission has adopted cost of service criteria. Under these circumstances, we believe the Commission would not approve any new discounts. Improvements in sodium vapor lights and widespread acceptance of this light has resulted in costs increasing at a much lesser rate than for mercury vapor lights. We are reflecting this changing cost picture in our rates when rate adjustments are made. The Company objects to franchise ordinances containing a franchise fee. As a matter of interest, none of the franchises in the cities which we serve contain such a provision. We can understand the use of such a fee for cable television because the city incurs additional costs in regulating the rates and services of the cable TV company since they are not regulated by the Commerce Commission. Such costs are not incurred in our situation and substantial property taxes are levied and paid on company facilities to help pay governmental costs. f 141CRoEILMED BY JORM MIC ROLAB ' J CEDAR RAPIDS DCS MOINES a ias 7( r IOWA -ILLINOIS GAS AND ELECTRIC COMPANY Mr. Neal Berlin 20 July 1982 Page 3 The Iowa State Commerce Commission has held that "it is just and reasonable and will avoid undue discrimination to assess franchise fees by means of a surcharge directly to the customers taking service in the municipalities which assess the fees." Re Iowa Power and Light Company, 20 P.U.R. 4th 397 (1977). Thus a 3% franchise fee would result in a 3% rate increase for the residents of Iowa City and would be shown as such on the bill. A similar attempt to include such a fee resulted in the defeat of the electric franchise in Davenport about 14 years ago when energy costs were lower. This defeat required subsequent passage of another ordinance without the fee and a second election at which it successfully passed. We have, and will continue to aggressively promote energy conservation. Currently, the most comprehensive element in our energy conservation program is the detailed home -energy audit. This program was developed to meet a federal requirement of the National Energy Act. Under this program, home -energy audits are made for a charge of $15 per audit which is substantially less than the actual cost of the audits. A few years ago, we made available to our customers "thermograms" showing the heat loss of each residence. Many Iowa City residents have reviewed the results and were able to determine whether additional insulation was needed. There is a wide range of literature at our office on energy conservation and we have staff people available to discuss energy conservation with those customers desiring this service. The Company's small -use electric rate is available to customers who use no more than an average of 15 KWH per day during the two highest billing periods of June through September. Those qualifying for this rate save about 12% annually over the regular rate. Currently, about one thir& of our customers company -wide qualify for the small -use rate. In the Iowa City District there were 10,081 customers, or 43% of the residential customers, taking advantage of this savings. This rate provides a real incentive for conserving energy because of its year-round effect. Conservation is an aspect of our operation constantly under review. While we don't view our role as that of a social service agency or a financial institution, we will continue to aggressively promote energy conservation. Currently, we have over a $91 million investment in facilities necessary to provide electric and gas service in Iowa City. The 111CRUILPIED BY JORM MICR6LA6 j CEDAR RAPIDS • DES t4010ES 1357 J r I I IOWA -ILLINOIS OAS AND ELECTRIC COMPANY Mr. Neal Berlin 20 July 1982 Page 4 capital required to replace equipment and add new facilities, as necessary, impose heavy financial requirements. With these high financial requirements, the investment community tends to look more favorably on companies who have renewed franchises of 25 years or more. This assures investors the Company has a long-term right to use the public rights of way to provide service. It also shows the community has faith and confidence in the ability of the Company to provide service over a long period of time. This should result in a lower cost of money for the Company, thereby benefiting all customers. A very important characteristic of utilities is they are 11capital intensive". The average ratio of plant to revenues for Iowa -Illinois Gas and Electric Company is $2.70 of investment for each $1 of revenue. In contrast, an average manufacturing company's investment in capital assets is usually 50% of its annual sales revenues and for a merchandising company capital investment is many times less. It is very important that utilities be well regarded by investors if they are to compete successfully for capital at a reasonable rate. We believe a 25 -year franchise period is in the best interest of both the City and the Company. Since the franchise is non- exclusive, we can see no advantage to either party in a shorter franchise. We trust the above addresses the issues raised in your letter I£ not please give us a call. We are somewhat concerned about the progress, to date, on renewing the franchise. The discount provision of the mercury street light rate is not applicable if the electric franchise is not renewed by October 8, 1982. Based on the May bill, the monthly discount was $3,020.72. 13.67 MICROFILMED DY 1 I _ J -JORM MICRbLA CEDAR RAPIDS DES MOINES � I f� IOWA -ILLINOIS GAS AND ELECTRIC COMPANY Mr. Neal Berlin 20 July 1982 Page 5 Since we are charged by the Commerce Commission with administering all rates in a uniform and non-discriminatory manner, it seems to us the franchise should be renewed, or substantial progress made toward that end by October 8, if the d.:scount is to continue. TTH/srj Encl. cc: J. J. Daniel I 1 LL Sincerely, 135'7 1 MICAUILNED BY I JORM MICR#LAB CEDAR RAPIDS DES II0I14ES 7 ORDINANCE NO. AN ORDINANCE GRANTING TO IOWA -ILLINOIS GAS AND ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND FRANCHISE TO ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF IOWA CITY, AN ELECTRIC LIGHT AND POWER SYSTEM FOR A PERIOD OF TWENTY-FIVE YEARS AND.TO FURNISH AND SELL ELECTRIC ENERGY TO SAID CITY AND ITS INHABITANTS. BE IT ENACTED by the City Council of the City of Iowa City: Section 1. There is hereby granted to Iowa -Illinois Gas and Electric Company, an Illinois corporation authorized to do business in the state of Iowa, hereinafter called the "Company", and its successors and assigns, the right and franchise to acquire, construct, erect, maintain and operate in the city of Iowa City, an electric light and power system including the right to erect and maintain the necessary poles, lines, wires, transmission lines, conduits and other appliances for the transmission and distribution of electric energy along, under and upon the streets, avenues, alleys and public places to serve customers within and without said city of Iowa City, for a period of twenty-five years from and after the effective date of this ordinance, and to furnish and sell electric energy to said city and its inhabitants. Section 2. The rights and privileges hereby granted are subject to the restrictions and limitations of Chapter 364 of the Code of Iowa 1981, and this franchise shall not be exclusive. 1asr 1 FIICRorui D BY J JORM MIC RbLAB � 1 I CEDAR RAPIDS • RES 1401YES I 0.4 Section 3. The Company shall have the right to erect all necessary posts or poles and to place thereon the necessary wires, fixtures and accessories for the distribution of electric energy in and through said city, but all said posts and poles shall be so placed as not to interfere with the construction of any water pipes, drain or sewer, or the flow of water therefrom, which have been or may hereafter be located by authority of said city. The posts or poles and the wires attached to or placed upon them shall comply with the National Electrical Safety Code and the regulations of' the Iowa State Commerce Commission regarding construction and clearance requirements. The Company is authorized and empowered to cut and trim in a careful and prudent manner, at its expense, any trees extending into any street, alley, or public ground so as to prevent limbs or branches from interfering with the wires of the Company. The 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 5. The Company, its successors and assigns, shall hold said city free and harmless from all damages arising on j MICRoEILMED BY JORM MICR46LA13 CEDAR RAPIDS • DES MOINES I 1357 `.J 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 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, storm, acts of God, unavoidable accidents or casualties, and in such event service shall be resumed as quickly as is reasonably possible. Section S. The Company, its successors and assigns, is authorized to impose reasonable terms and conditions upon the furnishing of electric service and reasonable rules and regulations in the operation and conduct of its business, including, but not limited to, the requiring of a reasonable deposit of any consumer as a condition of furnishing electric service to such consumer. 3. /3.'7 % MICRDEIWED BY 1 1 JORM'MIC R6LAB- -J • j j CEDAR RAPIDS DES MD18E5 I 0.4 Section 9. All proper and necessary police regulations shall be adopted and enforced by the city of Iowa City for the proctection of the poles, posts, wires, lamps and other apparatus of the Company, -its successors and assigns. Section 10. Meters shall be tested periodically in accordance with rules -and regulations approved by the Iowa State Commerce Commission. Section 11. This ordinance and the rights and privileges herein granted shall not become effective or binding until this ordinance shall have been submitted to and approved by a majority of the electors of said city of Iowa City voting at the next general or municipal election or at a special election called for j that purpose. The cost and expense of the election relating to the franchise provided for herein shall be paid by the Company. Section 12. 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 13. Upon the effective date of this ordinance, Ordinance No. 2170 passed and approved by the City Council of the city of Iowa City, on August 10, 1959, granting a franchise to the Company to furnish electric service to the city of Iowa City` and its inhabitants, is hereby repealed and all other ordinances El ias7 / 111CRor7LMED BY J JORM MICR46LA13 1 rj CEDAR RAPIDS - DES MOINES J L1 1 ' 1 or parts of ordinances in conflict herewith are also hereby repealed. Section 14. This ordinance shall become effective upon passage by the City Council, the approval of the voters as provided in Section 11 hereof, and the acceptance by the Company as provided in Section 12 hereof. PASSED AND APPROVED this day of 19 ATTEST: City Clerk CITY OF IOWA CITY, IOWA By Mayor S. j MICROFIEUED BY "DORM MIC RbLA B� CEDAR RAPIDS • DES MOIYES I� _. . J M57 -J i r ■i ORDINANCE NO. AN ORDINANCE GRANTING TO IOWA -ILLINOIS GAS AND ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, FOR A PERIOD OF TWENTY-FIVE YEARS THE RIGHT AND FRANCHISE TO ACQUIRE, ERECT, MAINTAIN AND OPERATE IN THE CITY OF IOWA CITY, A GAS PLANT OR PLANTS FOR THE PRODUCTION, STORAGE, TRANSMISSION, DISTRIBUTION, SALE, DELIVERY OR FURNISHING OE GAS FOR PUBLIC AND PRIVATE USE IN THE CITY OF IOWA CITY AND ELSEWHERE AND TO USE THE STREETS, AVENUES, ALLEYS AND PUBLIC GROUNDS AND BRIDGES IN THE CITY OF IOWA CITY FOR THE PURPOSE OF LAYING, CONSTRUCTING, MAINTAINING, REPLACING AND SUBSTITUTING MAINS, PIPES, CONDUITS AND OTHER FACILITIES FOR THE TRANSMISSION, DISTRIBUTION, SALE, DELIVERY OR FURNISHING OF GAS FOR PUBLIC AND PRIVATE USE IN THE CITY OF IOWA CITY AND ELSEWHERE. BE IT ENACTED by the City Council of the City of Iowa City: Section 1. There is hereby granted to Iowa -Illinois Gas and Electric Company, an Illinois corporation authorized to do business in the state of Iowa, hereinafter called the "Company", and to its successors and assigns for a period of 25 years from and after the effective date of this ordinance the right and franchise to acquire, erect, maintain and operate in the city of Iowa City, a gas plant or plants for the production, storage, transmission, distribution, sale, delivery or furnishing of gas, either natural or manufactured or mixed natural and manufactured, for public and private use in the city of Iowa City and elsewhere 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, MICRUILMED DY I ' JORM MICR46LAB _ CEDAR RAPIDS DES MDIAES ' I l 3.57 J 0-4 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. Section 2. The rights and privileges hereby granted are subject to the restrictions and limitations of Chapter 364 of the Code of Iowa 1981, 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 or the flow of water therefrom, which have been or may hereafter be 1 located by authority of said city. Said gas pipes, mains, conduits and other facilities shall be so located and maintained in the streets; avenues, alleys and public places of said city as to make no unnecessary obstruction therein to the use thereof by the public. 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 f CM /357 I r , / RICROMMED BY I. JORM MICR6LA9 j CEDAR RAPIDS DES MOINES I r city to prevent injury to the -pavement, streets, alleys, and public places, and the Company shall not unnecessarily interfere with, injure or change any pavement, water pipes, drains or sewers of said city, either public or private. Section 5. The Company, its successors and assigns, shall hold said city free and harmless from all damages arising on account of any -negligence of the Company, its successors and assigns, in the construction, operation and maintenance of said system. Section 6. The Company, its successors and assigns, shall extend its mains and. pipes in accordance with rules and regulations approved by the Iowa State Commerce Commission. Section 7. The Company and its successors and assigns as long as they 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 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. 3. /3.77 l ) MICROFILMED BY -JORM MIC RbLAB -� CEDAR RAPIDS DES'MOINES 1 r a � I Section 8. 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, including, but not limited to, the rewiring of a reasonable deposit of any consumer as a condition of furnishing gas to such consumer.' Section 9. All proper and necessary police regulations shall be adopted and enforced by the city of Iowa City, for the protection of the pipes, mains, conduits, meters and other apparatus of'the Company, its successors and assigns. Section 10, This ordinance and the rights and privileges herein granted shall not become effective or binding until this ordinance shall have been submitted to and approved by a majority of the electors of said city of Iowa City, voting at the next general or municipal election or at a special election called for that purpose. The cost and expense of the election relating to the.franchise provided for herein shall be paid by the Company. Section 11. 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 af,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.. 4. 1357 MICROFILMED BY DORM MIC REILAB--? � + CEDAR RAPIDS DES MOINESLL f r 0-4 Section 12. Upon the effective date of this ordinance, Ordinance No. 2169 passed and approved by the City Concil of the city of Iowa City, on August 10, 1959, granting a franchise to the Company to furnish gas service to the city of Iowa City, and its inhabitants, is hereby repealed and all other ordinances or parts of ordinances iri conflict herewith are also hereby repealed. Section 13. This ordinance shall become effective upon passage by the City Council, the approval of the voters as provided in Section 10'hereof, and the acceptance by the Company as provided in Section 11 hereof. PASSED AND' APPROVED this day of 19 ATTEST: c City Clerk CITY OF IOWA CITY, IOWA By Mayor 5. rILMED BY _...._..�:.... 1 JOR�M RO MICREICA9_ 1 I CEDAR RAPIDS • DES MOI VES i a.!r7 It -ALT..... IOWA -ILLINOIS GAS AND ELECTRIC COMPANY IOWA CITY. IOWA 52240 November 16, 1981 T. T. MOOGERWERF DISTINCT MANAGER Mr. Neal Berlin, City Manager City of Iowa City 410 East Washington Iowa City, IA 52240 Dear Neal: As you requested, we have analyzed and completed our study relative to the expansion of undergrounding electric facilities in the downtown area. our study shows the 1982 estimated cost of undergrounding Blocks 66, 61, 62, 63 and 80 would be $550,000. Assuming what we think is a most reasonable growth rate of three percent, Iowa -Illinois could justify an expenditure of $113,286. It would seem reasonable the City should pay the estimated re- maining cost of $436,714. This estimate assumes the overhead services in Block 80 would remain. However; undergrounding would require new primary cable and transformers in Block 80 to convert the system from 4 KV to 13 KV. The other blocks, generally east of Gilbert Street bordered by Iowa, Van Buren and Burlington were not analyzed. These blocks currently contain electric facilities that would be extremely difficult and costly to underground. The cost of undergrounding Blocks 61 and 66 is estimated to be $350,000. We could justify an expenditure of $76,469 and it would again seem reasonable the City should pay $273,531. Since the source of power for Block 80 runs in the alleys of Blocks 61 and 66, this estimate includes the cost of new primary cable and transformers for Block 80. These estimates are based on projected 1982 costs. Should the project go beyond 1982, these costs would undoubtedly be higher. The estimates do not include the cost of converting individual buildings. These additional costs would have to be borne by the customer or the City. Another consideration is the location of pad -mount transformers in these limited alley areas. We would be happy to meet with you or your staff to review this in more detail if you think it appropriate. Sincerely, TTH:F cc: J. J. Daniel lei D•..CI ID. IIle .4.. CI.• C.. L».E ...G•.1 ,•. ,:..,,1 1357 i 141CROFILMED BY I -JORM-MICR6LA6 CEDAR RAPIDS • DES MOINES I 01, City of Iowa City MEMORANDUM DATE: July 22, 1982 TO: City Manager Neal Berlin FROM: City Clerk Abbie Stolfus RE: Special meetings. The special meeting we just had brings to mind a previous suggestion that Council establish a charge for anyone requesting Council action that results in a special meeting being called. Quite a bit of time is spent by our office, your office, Police Department for delivery, not to mention another meeting for Councilmembers. (Council does not choose to use the Waiver of Call of Special Meeting, which would be much simpler. With the present group maybe we should mention that again.) I Several cities have this charge. Even Solon charges $45. to call a special meeting. The special meetings so far this year are as follows: Jan. 12 --Liquor License Feb. 8 --Liquor License Feb. 22 --Old Capitol, transfer ownership Mar. 8--Zuchelli, Budget Mar. 19 --Old Library, extend bids May 3--P.H. for College Park Area, Transit Maint. May 17 --Reset budget, Jo. Co. Water Main May 24 --Budget, Transit Grant May 26 --Transit Grant Jun. 14 --Moratorium Jul. 22 --Sycamore Mall We might have been able to charge a fee for four or five of these meetings. I l 3.5'8 MICROFILMED BY "CORM MIC REfL AB� J CEDAR RAPIDS DES MOINES I I i LL- - I r NORTHEAST AREA STUDY STUDY AREA E INARY Approval /82 The Northeast Area is bounded on the north and east by the City boundary line, on the south by Rochester Avenue, and on the west by North Dodge Street/Highway 1. The Northeast Area remains largely undeveloped and is either vacant or in agricultural use, with Hickory Hill Park and its new extension accounting for 141 acres. Lack of sewer service to a majority of the area has contributed to the undeveloped nature of the Northeast Area. An assessment, therefore, of development potential and appropriate land uses will be addressed in this study, suggesting long- and short- range plans for the Northeast Area. COMPREHENSIVE PLAN The Comprehensive Plan has envisioned the Northeast Area land use as primarily low-density residential with higher -density areas along the major trafficways on the south and west borders of the area where accessi- bility is not a problem and neighborhood commercial areas are located. To the north and south of the I-80 interchange with Highway 1, large areas of land have been designated as Office Research Park. The development sequence indicates Phase III development for the western sections of the Northeast Area while Phase IV development is slated for the eastern half. This study will consider the continued appropriateness of these land use and development proposals for the Northeast Area as part of the Comprehensive Plan update. ISSUES 1. Sewer Availability In the short-range, approximately 260 acres in the Northeast Area, generally located adjacent to the north and east borders of Hickory Hill Park and the Ralston Creek Storm Water Detention Area, will be sewerable. (See Figure 1) This figure includes land which is presently sewered and land which will be severable after completion of the North Branch Ralston Creek Dam project. At that time, developers will be able to extend sewer lines eastward and northward from a 21" sewer line constructed as part of the dam project. Currently, available sewer service has not stimulated much develop- ment due in part"to the rough terrain and inadequate access into the interior of the study area. The dam project/sewer extension, coupled with the proposed First Avenue extension discussed later in this report, make development in the study area more feasible. Capacity in the Northeast Trunk which services this area is not a constraint. However, prior to construction of the new Water Pollution Control Plant (WPCP), a surcharge problem does exist downstream in the Jefferson Street section of the "horseshoe." If it is assumed that the wet -weather surcharge conditions will continue to be tolerated until the WPCP is built, development can occur. Full development may not be possible, however, until the post-WPCP time period if the surcharge problem becomes intolerable. IdICRor IEwED BY I JORM MICROLAB CEDAR RAPIDS • DES MOVES 13.,r? 1 J r The remaining 595 acres of sewerable land, generally the eastern half of the study area, can develop only after major capital improvements to the area. This full development may not occur until the long- range time -frame as demand for additional growth areas is experienced. 2. Annexation As discussed in previous area studies, the new WPCP has been sized for a service area based on watersheds. As with the East Area, an additional 418 developable acres lying outside the present corporate boundary could be sewered by a gravity -flow system once the new plant is finished and major capital improvements are extended eastward along Ralston Creek. (See Figure 1) If the entire watershed is annexed and served, the density of development for the Northeast Area will be 15 people/acre. If development is contained within the present corporate limits, density increases to 22 people/acre for the 855 developable acres. Normally a city would consider annexation either for needed growth areas or in order to better control development. As the Developable Land Report found, additional land for residential growth purposes is not needed. Controlling development may be desirable. However, if the alignment of Scott Boulevard (an issue in the East Area) does not follow the eastern city border as first envisioned on the Comprehensive Plan Map, pressures for development in this area may not be as strong as along Scott Boulevard in the East Area. Annexation of the entire watershed must be a policy consideration. However, increased densities can be accommodated within the present corporate boundary if the area in question is not annexed, thus furthering the goals of compact and contiguous growth and the efficiency of service provision. The City -County Urban Fringe Committee should consider this area in its discussion of fringe development. 3. Trafficways The Comprehensive Plan currently proposes two secondary arterials for the study area, the First Avenue extension and Scott Boulevard extension. Whether both of these trafficways continue to be accepted in concept and whether their alignments as indicated on the Comprehensive Plan Map need revision must be decided. First Avenue A section of First Avenue is scheduled to be built by late 1984 by a private developer in order to gain access to his properties. Therefore, a commitment to extend First Avenue a certain distance has already been made. Whether this extension should be continued and, if so, whether it should 1) continue straight northward to the A.C.T. property along a ridge line, 2) follow the ravine alignment on the Comprehensive Plan Map, or 3) curve to the east to join a realigned Scott Boulevard must be resolved. (See Figure 2) i 141CROEILMED BY JORM MICR46LAB I CEDAR RAPIDS - DES 1401PIE5 135'f 1 J r Presently, a traffic problem does exist on portions of First Avenue. Extending this street as a secondary arterial (two-lane facility) may exacerbate the current situation. An increase in traffic problems will depend on whether First Avenue Extended is perceived as an attractive north -south link by users outside the developing area and on the trip patterns generated by the area's residents. If a decision is made to extend First Avenue, a preferred alignment must be selected. The December 1979 study, Corridor Analysis: Foster Road and First Avenue Extended, addresses the issues of alignment for both first Avenue and Scott Boulevard. An alternative alignment which follows a ridge line is proposed which may more successfully protect the attractive park -like ravine through which the current alignment runs and also be a less expensive road to build. After considering these alternatives, a ridge alignment has been selected. First Avenue will be constructed as development dictates. Scott Boulevard Should Scott Boulevard be extended, the engineering staff considers the improvement of the present alignment north of Rochester Avenue to be undesirable due to topographical constraints. If extended, a preferred alignment would also follow a ridge line and curve westward to intersect with First Avenue at the A.C.T. property. This trafficway would develop as growth and demand dictate. 4. Schools The Comprehensive Plan recommends one elementary and one junior high school site be reserved in the study area. As the School Board envisions building no new schools in the future, these sites should be removed from the Comprehensive Plan Map. While both Lemme and Hoover Schools have additional capacity which in the short-range may adequately serve development in the study area, the recommendation to remove the sites from the Comprehensive Plan Map should not be construed as a recommendation for no additional schools. Full residential development in the long-range may dictate building new structures if busing becomes impractical or capacity is reached city-wide. Parks/Open Space With new extensions to Hickory Hill Park and the wooded, hilly nature of the Northeast Area, additional parkland may not be needed in the short-range. While the long-range need for, or exact location of, parkland is difficult to determine, a future study of recreation and open space needs is intended to ascertain the specific needs of Iowa city. Cluster development and open space preservation in this hilly, wooded area should be encouraged. A lineal greenbelt along North Ralston Creek may also be appropriate for this area. 141CROEILlIED BY JORM MICROLAB j CEDAR RAPIDS • DES I401YES /3s 9 J r 6. Land Use The short-range land use map recommends residential development in generally the western half of the study area. Long-range development of the remaining developable area in residential use cannot occur until sewer lines are extended into this area. This recommendation deviates from the Comprehensive Plan's designa- tion of an Office Research Park development located south and east of the present A.C.T. complex. Access is restricted to this area by severe topographical conditions making residential uses more appropriate. A more suitable area for ORP development may be a 118 acre area just south of I-80. (See Figure 1.) The Comprehensive Plan suggests that "land in close proximity to I-80 in northeast Iowa City (may be) suitable for industrial or light industrial land use at such a time as more land is needed for these uses." (p. 36) An ORP rather than an industrial designation for this location must be a policy consideration but would compensate for the reduction of ORP area in other parts of ,the study area. This 118 acre area along I-80 is presently not sewerable and would require a lift station or access to a lift station if developed, thereby expending a portion of the sewer capacity allocated to the watershed. One option might be to take the capacity allocated to the 418 acres located outside the corporate limits but within the watershed and allocate that to the lift station. This would reduce the people/acre density for the remaining gravity -sewer areas from 22 to 15 people/acre. Another option involves the construction of a lift station north of I-80 and directly east of Prairie du Chien to serve those portions of the Northeast Area which currently cannot be served by gravity sewers. The installation of this one lift station would eliminate the need for separate lift stations for the North and Northeast Areas (the land south of I-80, the Highlander lift station, the Dean Oakes lift station). This lift station, proposed in the Veenstra and Kimm sewer study and formally adopted by Council, would flow to the River Corridor Sewer thus freeing capacity in the Northeast Trunk and having the beneficial effect of raising the people/acre density' possible in the Northeast Area. Construction of this station would require annexation of approximately 154 acres between Prairie du Chien and the city boundary line. If additional sewerable land outside the corporate limits is considered for future ORP or industrial development, the annexation and development of the Prairie du Chien property may be more advantageous to the city than the 418 acres east of the study area and bounded by I-80 and Rochester Avenue. Preference for the Prairie du Chien property is based on the following considerations: 1. Adequate access - although a frontage road may be needed, better roads are available and less upgrading is needed. j, 141CROFILMED BY JORM MICR(SLAB 1 CEDAR RAPIDS • DES MOINES laS9 r E 2. Poor agricultural land - based on soil conservation data, this property is not prime agricultural land while the 418 acres east of the city is rated as prime land with high corn suitability ratings. 3. Increased people/acre densities for the study area - with the Prairie du Chien lift station flowing into the River Corridor Sewer, downstream densities would not be significantly affected while a significant increase in density could be realized in the Northeast Area. 4. Centralized ORP areas - the I-80/Highway 1 interchange would serve to focus all ORP uses at one location. 1. Pre-WPCP, development in the Northeast Area must be carefully monitored to avoid exacerbating downstream surcharge conditions. 2. Annexation of the entire watershed should not be encouraged. Annexation would reduce development density for the whole study area from 22 people/acre to 15 people/acre, and any benefits derived from annexation may not outweigh the costs. 3.The City -County Urban Fringe Committee should consider the develop- ment issues along the eastern border of the study area. 4. Final alignments for the First Avenue extension and Scott Boulevard extension have been selected. The long- and short-range maps delineate ridge alignments with construction taking place as development dictates. 5. No school sites should be reserved in the study area. 6. Potential park sites should be removed from the Comprehensive Plan Map pending a reevaluation of parkland needs. The natural features of the area, however, make cluster development and open space preservation an option which should be encouraged. A lineal greenbelt along North Ralston Creek is also recommended. 7. The Office Research Park area located south and east of the present A.C.T. complex should be deleted from the Comprehensive Plan Map. The long-range land use map proposes ORP areas directly north and south of I-80 which would require one or more lift stations if developed. 8. A policy consideration must address the use of lift stations in the Northeast Area. ) 111CROFILMED DV � JORM MIC ROIAB ) CEDAR RAPIDS DES MOINES 1 i 1 13 s9 7 t It F mi ' 11CIVILMU 9� JORM MICROLAB CEDAR RAPIDS -D[l., '101!V I THEAST AREA - LONG RANGE RESIDENTIAL C014MERCIAL PARKS/OPEN SPACE �AG/RR1 ORP i F ilcrIlor I Lilt 1) L, JORM MICROLAB C[I)AR RAPIDS - )11 101!dl I cj THEAST AREA — SHORT RANGE RESIDENTIAL COMMERCIAL PARKS/OPEN SPACE MM AG/RR1 I kl I 1 MICRDEILMED DY -JORM 'MICRbLAB CEDAR RAPIDS •DES M018E5 I s--�+- 1 0-4 1 •-- i 111CROFILMED BY 7 1 JORM. MICR6LAB 1 CEDAR RAPIDS DES MOINES i I i I 0-4 City of Iowa Cit, MEMORANDUM Date: July 20, 1982 To: City Council From: Doug Boothroy, Senior Plan Re: Informal Meeting - July 26 - Area Studies The Area Studies which will be presented at the informal meeting, July 26, will include the North and Northeast areas. The development options for the East and Northeast areas outlined in a memo included in your packet will also be discussed. If time permits, the Peninsula Area Study may also be discussed, since this area completes a northern tier of potentially developable land. bj2/18 I MlcaonulED BY � 1. "JORM MICR#LAO Z CEDAR RAPIDS DES MOINES /359 cit„ of Iowa Date: July 20, 1982 To: City Council From: Doug Boothroy, Senior Planne Re: Development Options Relating to Sewer Capacity in the East and Northeast Areas At the Council's July 12th meeting, discussion of proposed development policies for the East side of Iowa City centered on the capacity for development in the area, given certain constraints in the sewer system and given certain past agreements between private entities and the city for sed the use of a lift station in the area. inthelRundell Street Trunk during the meeting, for the surcharge problems as well as for the potential industrial and residential development needs of the area. Two questions were posed: 1. Should wet -weather surcharge conditions in the Rundell Street Trunk continue to be tolerated, and t 2 If so, and some development on the Easside is permitted by the Council, should the remaining capacity irst in one portion of the should sewer is "first come, f' priormagreements, whicha aeffectively allocateserved" is be allocated oncapacity n the rsystem, be the determining factor? Outlined below is a brief .history of the relevant agreements, and alternative development policies based on conditions in the Rundell Street Trunk. AGREEMENTS BDI an_ d t� City' In 1971, the City entered into an agreement with Business Development tion. This Incorporated (BDI) for the construction things,the the construct on of a 200 GPM agreement provided for, among art, by BDI. As part of the agreement, lift station to be paid for, in p he the City contracted to provide The ithe nt further states that itof tis anticipated flow (Section 4. d). acity of the the understanding of both parties that the ultimateis camp ated to be station will be 1,000 GPM and that ...this capacit is and thelbalance to GPM to divided prosis of perty." No.501-463, SectionD15)roperty Village Green and the City. With application for approval of the final 11plthefor LowerVillage MuscatiGreen ne Trunk Part II in 1979, the issue of capacity and Village Green South, precipitated an agreement between the City MICROFILMED BY JORM MICR46LA13 1 CEDAR RAPIDS DES MOINES I /360 r Incorporated for the provision of a sewage detention facility. The design of the facility and the agreement were drawn up with the understanding that approximately 450 GPM of the available 500 GPM capacity in the Lower Muscatine Trunk was allocated to BDI. The City required provisions in the subdivider's agreement for a detention facility in anticipation. of potential capacity problems in the Lower Muscatine Trunk. These problems were anticipated in the event that BDI properties were to fully develop prior to construction of the Water Pollution Control Plant and the Southeast Interceptor Sewer. The facility was to be built at such time as the City felt it was necessary, and would be paid for by the developer from an escrow account. To date, the City has not required construction and the facility has not been built. Village Green currently uses 140 GPM and BDI 30 GPM of the available 500 GPM in the Lower Muscatine Trunk. BOI and Private Interests. A subsequent purchase agreement between BDI and Oscar Meyer provided for an approximate flowage of 300 GPM capacity through the Heinz lift station to service the Oscar Meyer plant. The possibility for accommodating this flowage requirement was based on an upgrading of the Heinz lift station to 450 GPM in 1981. Plum Grove Acres Inc. and the City In conjunction with acquisition of a flowage easement for the North Branch dam stormwater detention facility, the City agreed to install a 21 inch sanitary sewer line from the Northeast Trunk sewer to within 60 feet of the Plum Grove Acres' property. This sewer will be extended at such time as Plum Grove Acres decides to develop its lands lying north and south of Ralston Creek and the plans for that development are approved through normal procedures. There is no requirement that the City approve such plans in the agreement, however, it appears that the agreement was made with the understanding that development could proceed at the developer's discretion, provided all state and local regulations were met. Sewer service from this area would tie into the "horseshoe" system immediately downstream from the Rundell Street Trunk. ALTERNATIVE DEVELOPMENT POLICIES The following development alternatives for the East and Northeast areas accept the condition of the present sewage treatment plant as a given; this is not an attempt to address the capacity issues in the plant at this time. Further, it is recognized that during wet weather the horseshoe trunk, of which the Rundell Street Trunk is a part, surcharges and this surcharge condition effects flowage within connecting trunks upstream from the "horseshoe" system. Both the Lower Muscatine Trunk, serving the east area south of Muscatine Avenue, and the Southeast Trunk, serving the east area north of Muscatine, are upstream from the "horseshoe" and are effected to some degree by the downstream surcharge condition. The alternatives presented are intended to provide various options for development prior to construction of the new plant, the relief sewer and IIICROFIL14ED BY i I JORM MICR46LAE3 1 j CEDAR RAPIDS • DES MOINES 1 3 other concurrent capital improvements. Two distinct policies serve as a basis for the development options: 1. That wet -weather surcharge conditions in the Rundell Street Trunk will be tolerated in anticipation of a solution to the problem within ten years, or 2. That wet -weather surcharge conditions will not be tolerated or tolerated only to a limited degree. The development alternatives are presented in an order of increasing restrictiveness. Policy No. 1: Toleration of surcharge conditions in the Rundell Street Trunk. Alternatives: A. Allow full development in the entire East and Northeast areas on a first come, first served basis with development south of Muscatine being ultimately constrained by capacity in the Lower Muscatine Trunk. B. Allow full development of the entire area, with development south of Muscatine being governed by a policy which gives priority consideration to the BDI properties covered by the 1971 agreement and which requires any other development to provide alternative systems for wet -weather conditions, as dictated by capacity within the Lower Muscatine Trunk. There is some question however, whether the City can legally discriminate in favor of certain property owners. C. Allow full development of the entire area, with development south of Muscatine being allocated on a percentage basis according to the format of the BDI agreement (1971), with 45% of the Lower Muscatine Trunk capacity allocated to BDI and 55% allocated to other users as determined by the City. D. Allow full development of the entire area and decrease the potential for excessive surcharge problems in the Lower Muscatine Trunk by facilitating diversion of the Village Green lift station flowage to the Heinz lift station thereby decreasing the maximum output to the Trunk to 450 GPM.* Policy No. 2: Limited to no toleration of surcharge conditions in the Rundell Street Trunk. Alternatives: A. Allow development of all platted properties, plus any new development proposals which fall within the capacity 1.760 IIICROF1LnED BY 1 � J0RM MFCRE/LAB - 1 CEDAR RAPIDS DES WINES � _-_ r I I 4 allocations of the BDI agreement and the Plum Grove Acres agreement. B. Allow development of only those properties which have already been platted and which have received final development approval. C. Full development with either the public or private provision of alternative waste management systems that may or may not eventually feed into the municipal system. D. Allow no further development until such time as the surcharge problems in the Rundell Street Trunk can.be rectified. "Both the Village Green and Heinz lift stations are currently operating at less than optimum conditions. A lift station pumps at a given gpm regardless of incoming flows and will hold sewage until that gpm is reached, thus creating a condition of erratic flows to the main trunk. The Village Green station pumps at 180 gpm and has an incoming flowage of 140 gpm and the Heinz station pumps at 450 gpm with an incoming flowage of 30 gpm. If both stations pump simultaneously, the demand on the Lower Muscatine Trunk is 630 gpm. Diverting the Village Green flowage of 140 gpm to the Heinz station would use the pump capacity of 450 gpm more efficiently, eliminate one lift station, and decrease the maximum expectable flowage to the Lower Muscatine Trunk. cc: Neal Berlin Robert Jansen Chuck Schmadeke Don Schmeiser bdw5/1-3 134 t.4 r MICROFILMED BY i -JORM MIC RA C"A B CEDAR RAPIDS DES 140INES A J Potential flow demands from Village Green and BDI to Lower Muscatine Trunk Village Green - current usage 140 gpm development of unplatted acreage (lift and gravity) 411 gpm Total demand 551 gpm BDI - current usage 30 gpm agmt. with Oscar Meyer 300 gpm remaining allocation 120 gpm Total demand 450 gpm Total potential flow demand 1001 gpm Total demand with existing lift stations - - Village Green 180 gpm - Heinz 450 gpm 630 gpm Lower Muscatine Trunk capacity 500 gpm /3b0 > I 141CROFILMED BY r i JOR M MIC R#LA6._ \� 1J CEDAR RAPIDS - DES IAOIYES i I r ILL r City of Iowa City MEMORANDUM Date: July 16, 1982 To: City Council and City Manager From: Frank Farmer, City Engineer. Re: Railroad Crossings at Gilbert Street and Highway 6 ' Crandic Railroad has tentatively scheduled the adjustment work. on the rubberized crossing on Gilbert Street at Napolean Park for Monday, July 19, 1982. Work is anticipated to take two to three days. Upon completion of this crossing Crandic Railroad intends to move to the Highway #6 crossing either the latter part of the week of the 19th or the following week. As discussed in previous memos, the City will be handling traffic control during repair of these two crossings. The crossing at Gilbert Street and Lafayette Street is tentatively scheduled to be adjusted the week of August 15, 1982, by the contractor who did the original work. The adjustment should take only one to two days and Gilbert Street will be detoured as before. • a bj5/19 /36/ r. - 141CROFILMED BY "JORMMIC R�I.A B� CEDAR RAPIDS � DES'MOINES r r City of Iowa Citi MEMORANDUM Date: July 15, 1982 To: City Manager and Members of City Council From: Michael Kucharzak j (<"'- Re: Exemption of Owner -occupied Portions of Duplexes from the Requirements of the Housing Code At the request of the City Council, the Iowa City Housing Code (Chapter 17, Code of Ordinances) was researched in order to determine what Code items such as, minimum ceiling heights, minimum window size and others could be excluded from application, inspection and enforcement in owner - occupied portions of duplexes. In addition, the staff was instructed to identify those fire safety requirements that should be required by ordinance in owner -occupied portions of duplexes. PROVISIONS EXEMPTED The following is a summary of the Code items that could be exempted from owner -occupied portions of duplexes. Revised wording of the Housing Code exempting the following is attached to this memo: Requirement of a kitchen. Requirement of a toilet. Requirement of a bath. Requirement of a lavatory basin. Requirement for bath and toilet privacy. Requirement for hot water. Requirement for natural light. Requirement for ventilation. Requirement for minimum room heating. Specifications on room arrangement. Specifications on minimum room size. Requirement of minimum ceiling height. Requirements for handrails. Requirement for minimum electrical outlets, light switches and permanent electrical lighting fixtures. Lead-based paint certification. Requirement of a refrigerator and range. ITEMS REQUIRED The revised Code would require a smoke detector and fire extingiusher to be installed in both halves of a duplex, whether owner -occupied or not. These would be the only items inspected on a regular licensing inspection currently once every three years. i MICROFILMED BY JORM MIC RbLA6 CEDAR RAPIDS DES MOIOES I I 13642 J r OTHER CODE CHANGES Since the Council is considering an ordinance change, the staff requests that the following sections also be changed at the same time: Re-establishment the Type III classification eliminated in the last Code rewrite. This section was either erroneously eliminated, or eliminated in the expectation it was dealt with in another fashion in the ordinance rewrite of two years ago. The language of the existing Housing Code does not allow existing apartments having private kitchens to share either or both toilet and bath facilities. Without this Code change many otherwise legal units would have to be closed. We also request the rewrite of the sections on the exit requirements to recite collectively the egress specifications of all ordinances including fire, building and state statutes regulating exits in dwellings. The present Code references the above ordinances but is confusing to the public and allows for some misinterpretation in enforcement. The remainder of the Code changes in the attached revised ordinance, are of a housekeeping nature and deal with relettering and renumbering necessitated by the above changes. Legal Review Since all ordinances must be reviewed by the Legal staff prior to consideration by Council, the attached Code revisions were reviewed by the Legal and, with the exception of those sections noted under "Other Code Changes" above, did not receive Legal staff endorsement. A memo from the City Attorney and Assistant Attorney Brown is attached to this memo. Housing Commission Review All recommendations on housing matters are reviewed by the Housing Commission. The attached Code changes and memo from the City attorneys was discussed by the Housing Commission in open session. On a unanimous vote,the suggestion of exempting owner -occupied portion of duplexes from certain Housing Code Requirements was not supported. Discussion The staff would suggest scheduling the topic of exempting owner -occupied Portions of duplexes from certain requirements of the Housing Code at an informal session of the City Council so that direction may be received. bj/sp 1 141CRDFll14ED BY JO{7M MIC RI�LAB 1 CEDAR RAVIDS DES MDIAES J /36 07.1 r City of Iowa Cit, MEMORANDUM Date: June 2, 1982 To: Michael Kucharzak, Director of Housing & Inspection Services From: Robert Jansen, City Attorney David Brown, Assistant City Attorne Re: Proposed amendment to Housing Co6lo exempt certain owner - occupied dwelling units from regular inspections You have requested an opinion from this office regarding the proposed amendment to the Housing Code whereby inspections of certain owner - occupied dwellings would be conducted only upon a request or complaint basis. Specifically, under the proposal, 517-3(b)(1)(a) would be amended to include owner -occupied dwelling units within condominiums, cooperatives, or duplexes as dwelling units for which only said type of inspections would be conducted. It is our conclusion that the proposed amendment is not in the best interests of the City of Iowa City. Currently, 517-3(b)(1)(a) includes only owner -occupied single family dwellings, condominiums, and cooperatives as types of dwellings for which inspections are to be conducted only upon a request or complaint basis. 517-3(b)(3) lists those dwellings for which regular maintenance inspections are to be conducted, besides inspections on request or complaint basis. The dwellings listed are multiple dwelling units, rooming houses, duplexes, and single-family rental dwellings. In regard to duplexes, under 517-3(b)(3), the Code does not distinguish between rental and owner -occupied units; thus, the City has been conducting maintenance inspections of duplexes without regard to the status of occupancy of each half of the dwelling. The proposed amendment would alter this practice by limiting maintenance inspections for duplexes only to the rental dwelling unit; owner -occupied units in duplexes would be exempt from routine inspections. This proposed change in inspection policy seems inadvisable in light of Wilson v. Nepstad, 282 N.W.2d 664 (Iowa 1979). In said case, the Iowa Supreme Court held that the injured residents of a fire -destroyed apartment building could sue an Iowa municipality for damages caused by a negligent building inspection conducted pursuant to a statutory duty to inspect. The Court stated that it is clear that a municipality "is liable for tortious commissions and omissions when authority and control over a particular activity has been delegated to it by statute and breach of that duty involves a foreseeable risk of in'ur to a identifiable class to which the victim belongs." (emphasis added) Id. at 671. Although Wilson involved an inspection which was conducted negligently, the quoted passage indicates that a failure to inspect may be an actionable tort in situations where risk of injury to the protected class could have been foreseen. The Iowa City Housing Code (Chapter 17) was adopted pursuant to the authority of 5364.17, Code of Iowa. Having been delegated responsibility nICROFILMED BY JORM MICR6LA9 1 I CEDAR RAPIDS • DES MOINES /36 Z J r for regulating housing, the City at 517-1(c) of the City Code declares that the purpose of the Housing Code is to "ensure that housing facilities and conditions are of the quality necessary to protect and promote the health, safety and welfare of not only those persons utilizing the housing, but the general public as well." This is a broadly defined protected class. It is questionable whether the City would be achieving the above purpose by exempting owner -occupied units in duplexes from regular inspections. In situations where there is one rental unit and one owner -occupied unit in the same duplex, the potential impact such units can have upon one another in the event of health and safety violations and, in particular, fire, becomes obvious. It is foreseeable that risk of injury could result to tenants and their guests from fire or other hazards originating from the owner -occupied unit. It seems impractical to conduct regular .inspections to require Code compliance on but one-half of the structure when the other half contains and/or could be developing health and safety hazards which could affect the entire structure. The rationale of the above scenario applies also to owner -occupied dwelling units within condominium or cooperative dwellings when such units are among or adjacent to rental units. In fact, the potential harm may be substantially greater in these latter cases, especially when one such non -inspected unit is surrounded by rental units. Therefore, it is our opinion that the proposed amendment which would subject the above-described dwelling units to inspections only upon request or complaint should not be adopted. bj3/2-3 I MICRDEILMED BY "JORM MICR L49 CEDAR RAPIDS • DES MOINES /3617.0 r ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 17, SECTIONS 17-2; 17-4(a), (f); 17-5(a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (1), (m); 17-6(a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n); 17-8(i); OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. SECTION 1. PURPOSE. The purpose of this ordinance is to establish minimum code requirements for multiple dwellings, rooming houses, rental single family structures (except owner occupied single family homes with no more than two (2) roamers) and rental dwelling units within a duplex. To establish minimum exit requirements for all residential dwellings; to provide definitions for rooming houses, Type III dwellings, and rooming units; to provide provisions for shared baths and toilet and access for occupants of Type III dwelling units; to reference the Zoning Ordinance on maximum occupancy permitted in dwellings, and to protect the health, safety and general welfare of the citizens of Iowa City, Iowa. SECTION 2. ESTABLISHMENT. A. Section 17-2 is amended to read as follows: MEANING OF CERTAIN WORDS. Whenever the words "dwelling," "dwelling unit," "rooming house," "rooming unit," "Type III dwelling unit," or "premises" are used in this chapter they shall be construed as though they were followed by the words "or any part thereof." Whenever the word dwelling unit(s) is used in this chapter it shall include Type III dwelling unit(s). ROOMING HOUSE shall mean any dwelling, or that part of any dwelling, containing one or more rooming units or Type III dwelling units, in which space is let by the owner or operator to three (3) or more roomers. Occupants of units specifically designated as Type III Dwelling Units within a Rooming House shall be included in the roomer count. ROOMING UNIT shall mean any habitable room or group of adjoining habitable rooms located within a dwelling and forming a single unit with facilities which are used, or intended to be used, primarily for living and sleeping. A Rooming Unit shall have bath and toilet facilities available for the exclusive use of the occupant(s) or for communal use in accordance with Section 17-6 and, in addition, Rooming Units may be let with or without communal kitchen and/or communal dining room privileges in accordance with Section 17,-6. TYPE III DWELLING UNIT shall mean any habitable room or group of adjoining habitable rooms located within a dwelling and forming a single unit with facilities which are used or intended to be used for living, sleeping, cooking and eating of meals; but does not have a toilet or bath available for the exclusive use of the occupants thereof. 111CROFILMED BY i JORM MICR6LA13 CEDAR RAPIDS • DES MOINES /3 6 A., 1 J r Ordinance No. _ Page 2 B. Section 17-3 is amended to read as follows: (b) Inspections. (1) Inspections of owner -occupied dwellings. Inspections of owner -occupied single family dwellings, owner -occupied dwelling units within condominium or cooperative dwellings, and owner - occupied dwelling units within duplex structures, shall occur only upon request or complaint to the inspector and only the standards of sections 17-5, 17-7 and 17-8 shall be applicable. (2) Inspections of structure items. The provisions of sections 17-5 and 17-6 in effect at the time of issuance of a certificate of structure compliance shall be the only structure standards applicable to a dwelling. Upon the issuance of a certificate of structure compliance, there shall be no further inspection and enforcement of the structure items under sections 17-5 and 17-6 of the housing code unless units formerly owner -occupied within otherwise certified structures become rental units. Section 17-4 is amended to read as follows: (a) Requirements for rental property. It shall be a violation of this Code for any person to let to another for rent and occupancy any dwelling unit; rooming unit (except a rooming unit or units within owner -occupied single-family dwellings; rooming units; or owner -occupied dwelling units within condominiums and cooperatives containing no more than two (2) roomers); unless: (f) Rental permit. A rental permit shall be a document indicating compliance with Section 17-7 of the housing code at the time of issuance and shall be valid for a specified period of time. The document shall be transferable from one owner or operator to another at any time prior to its expiration, termination, or revocation. The owner or operator shall notify the department of housing and inspection services of any change of interest or ownership in the property within thirty (30) days of any conveyance or transfer of interest affecting the property and provide the name and address of all persons who have acquired an interest therein. In the event that the department of housing and inspection services has not been notified of such conveyance or transfer within the designated period of time, the rental permit shall be transferred from one owner or operator to another only upon payment of a twenty dollar ($20.00) fee which shall be assessed to the new owner or operator. This fee shall be in addition to the regular rental permit fee as established by resolution of City Council. The rental permit shall state the date of issuance, the address of the structure to which it is applicable, the name of the owner MICRorILMED BY _-JORM MICRbLAB I CEDAR RAPIDS • DES .40INES 1,1 it o20 J r J Ordinance No. Page 3 or operator to which it is applicable and its expiration date. All dwelling units and rooming units being let for rent and occupancy without a valid rental permit or application for the same on file with the city and fees paid may be ordered vacated. O. Section 17-5 is amended to read as follows: Sec. 17-5. Minimum structure standards for rooming houses, multiple dwellings, rental single family homes, and rental dwelling units within duplexes. (a) Intent. Whenever the words dwelling unit, rooming unit, room(s), habitable room, kitchen, kitchenette, bathroom or toilet room, are used in this section, they shall be construed as though they were followed by the words "within rooming houses, multiple dwellings, rental single family homes, and rental dwelling units within duplexes." (b) Supplied facility. Every supplied facility, piece of equipment or required utility shall be constructed and/or installed so that it will function safely. (c) Kitchens. Every dwelling unit shall have a kitchen room or kitchenette equipped with the following: ' (1) It shall include an approved kitchen sink. (2) It shall contain space capable of properly accommodating a refrigerator and a stove or range. (3) It shall contain proper access terminals to utilities necessary to properly operate a refrigerator and stove or range. (4) It shall include adequate space for the storage and preparation of food.* (d) Toilet required. Every dwelling unit shall contain a toilet. (e) Bath required. Every dwelling unit shall contain a bath. (f) Lavatory basin required. Every dwelling shall contain a lavatory basin within or adjacent to the room containing the toilet. (g) Privacy in a room containing toilet and bath. Every toilet and every bath shall be contained within a room or within separate roams which afford privacy for a person within said rooms. (h) Water heating facilities required. Every kitchen sink, bath and lavatory basin required in accordance with the provisions of the housing code shall be properly connected with supplied water heating facilities. Every supplied water heating facility shall be properly connected and shall be capable of MICROFILMED BY � - JORM MIC RbLA B�� CEDAR RAPIDS DES MOIRES ' I /34C 2z S 1 r Ordinance No. Page 4 heating water to such a temperature as to permit an adequate amount of water to be drawn at every kitchen sink and lavatory basin required under the provisions of the housing code at a temperature of not less than one hundred twenty (120) degrees Fahrenheit (forty-eight (48)' degress Centigrade). Such supplied water heating facilities shall be capable of meeting the requirements of this section when the required space heating facilities are not in operation. (i) Connection of sanitary facilities to water and sewer systems. Every kitchen sink, toilet, lavatory basin, and bath shall be properly connected to an approved water and sewer system. (J) EXITS REA (1) ,moans of egress accessible to tenants or the public shall comply with the following exit requirements: (a) Single Family Homes shall have access to at least one exit. (b) Ouplex Structures. Every Dwelling Unit and Rooming Unit within a duplex structure shall have access to at least one exit and shall have not less than two (2) exits on each floor where the floor area exceeds 3000 square feet. (c) Multiple Dwellings and Roominq Houses. Every Dwelling Unit and Rooming Unit within a multiple dwelling or rooming house shall have access to two (2) exits: (2) (a) Where only one (1) exit is required, it shall be a continuous and unobstructed means of egress which discharges directly or via corridors or stairways, or both, to a publicway. (b) Where at least two (2) exits are required, they shall be independent, unobstructed means of egress remote from each other and at least one of which shall discharge directly or via corridors or stairways, or both, to a publicway; if both means of egress are designated to a common corridor, they shall be in opposite directions immediately upon exiting the Dwelling Unit or Rooming Unit except that a common path of travel may be permitted for the first twenty feet; that is, a dead-end corridor may be permitted not to exceed twenty feet in length. (3) Basements and floors above the second story shall have not less than two (2) exits except when such floors or basements are used exclusively for the service of the building. 1142 ii MICROFILMED BY JORM MICROLAB j CEDAR RAPIDS • DES MO 19ES i r I a _All Ordinance No, Page 5 (k) Natural light. (1) Every habitable room except a kitchen shall have at least one window or skylight facing directly to the outdoors. The minimum total window or skylight area, measured between stops, for every habitable room shall be at least eight (8) percent of the floor area of such room or that amount of window and/or skylight area specified by the local building code. (1) Natural ventilation. a. Every window or other device with openings to the outdoor space, used for ventilation, for habitable rooms, bathrooms and toilet room, shall be supplied with screens of not less than sixteen (16) mesh per inch. b. The total openable window area in every habitable room shall be equal to at least forty-five (45) per cent of the minimum window area as required above. C. Every door opening directly from a dwelling unit or rooming unit to outdoor space, the use of which is necessary to meet the minimum ventilation requirements of this Code, shall have a supplied screen or screens and a self-closing device. d. Every cellar window, soffit or roof vent, used or intended to be used for ventilation, in or serving units affected by this section, and every other opening to a cellar, crawl space or interior roof area which might provide an entry for rodents or birds shall be supplied with a heavy wire screen of not larger than one -fourth -inch mesh or such device as will effectively prevent their entrance. e. For natural ventilation, every bathroom or toilet compart- ment shall have at least one openable window facing directly to the outdoors and at least forty-five (45) per cent of the window must be operable (openable). (m) Heating. (1) Every dwelling unit and rooming unit shall have heating facilities which are properly installed and are capable of safely and adequately heating all habitable rooms, bathrooms and toilet rooms located therein to a temperature of at least sixty-eight 68 degrees Fahrenheit (twenty (20) degrees Centigrade and shall be capable of maintaining in all said locations a minimum temperature of sixty-five degrees Fahrenheit, (eighteen (18) degrees Centigrade) at a distance of three (3) feet above the floor level at all times. Such heating facilities shall be so designed and equipped that heat, as herein specified, 136Z Mi MICROFILM BY J. - JORM MICROLAB 1 CEDAR RAPIDS • DES MOINES i r Ordinance No. Page 6 is available for all dwelling units and rooming units. (5) Every steam or hot water boiler and every water heater serving rooming units or dwelling units affected by this section shall be protected against overheating by appropriate pressure and temperature limit controls. (6) Every fuel -burning space heating unit and water heater serving rooming units or dwelling units affected by this section shall be equipped with an electronic ignition or with a pilot light and an automatic control to interrupt the flow of fuel to the unit in the event of a failure of the ignition device. All such heating units shall have a limit control to prevent overheating. E. Section 17-6 is amended to read as follows: (a) Intent: Whenever the words dwelling unit, rooming unit, room(s), habitable room, bathroom, or toilet room are used in this section, they shall be construed as though they were followed by the words "within rooming houses, multiple dwellings, rental single family homes and rental dwelling units within duplexes." (b) Direct access. Access to each dwelling unit or rooming unit shall not require first entering any other dwelling unit or rooming unit (except that access to rooming units may be through a living room or kitchen of a unit occupied by the owner - operator of the structure). No dwelling, dwelling unit, or rooming unit containing two (2) or more sleeping rooms shall have such room arrangements that access to a bathroom or water closet compartment intended for use by occupants of more than one sleeping room can be had only by going through another sleeping room; nor shall room arrangements be such that access to a sleeping room can be had only be going through another sleeping room. A bathroom or water closet compartment shall not be used as the only passageway to any habitable room, hallway, basement, cellar or to the exterior of the dwelling unit or rooming unit. (c) Lighting of public halls and stairways. (1) Public passageways and stairways in dwellings accommodating two (2) to four (4) dwelling units or rooming units shall be provided with a convenient wall mounted light switch(es) which activates an adequate lighting system. (2) Public passageways and stairways in buildings accommodating more than four (4) dwelling units or rooming units shall be lighted at all times with an adequate artificial lighting system, except that such artificial lighting may be omitted from sunrise to sunset where an m icRorILMED BY JORM MIC ROLAEI ? CEDAR RAPIDS DES M1iD1RES /3 6 a- r Ordinance No. Page 7 adequate natural lighting system is provided. Whenever the occupancy of a building exceeds one hundred (100) persons, the artificial lighting system as required herein shall be on an emergency circuit. (d) Fire extinguishers. Fire extinguishers suitable for the occupancy and which are approved by the fire marshal shall be provided for every single-family dwelling; and every dwelling unit, including owner occupied units within a duplex, multiple dwelling, and rooming house. Fire extinguishers shall be properly hung in an area of easy access. (e) Early warning fire protection system. All dwelling units including owner -occupied units within a duplex, and rooming houses shall be provided with smoke detectors as approved by the fire marshal. The detectors shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. Smoke detectors hereafter installed in areas where sleeping rooms are on an upper level shall be placed above the stairway. All detectors shall be located according to manufacturer's directions. Care shall be exercised to ensure that the installation will not interfere with the operating characteristics of the detector. When actuated, the detector shall provide an alarm for the dwelling unit or rooming unit. (f) Toilets and lavatory basins. At least one toilet, and one lavatory basin shall be supplied for each eight (8) persons or .fraction thereof residing within a dwelling containing a rooming unit or units, including members of the operator's family wherever they share the said facilities, provided that in a rooming house where rooms are let only to males, flush urinals may be substituted for not more than one-half of the required number of toilets. (g) Baths. At least one bath shall be supplied for each eight (8) persons or fraction thereof residing within a dwelling containing a rooming unit or units, including members of the operator's family whenever they share the use of said facilities. (h) Location of communal toilets and baths. Communal toilets and baths shall be located on the same floor or the floor immediately above or below the rooming unit. (i) Lead-based paint. Every owner or operator of a dwelling unit or rooming unit being let for rent and/or occupancy shall, on forms provided by the city, certify that the dwelling is in accordance with HUD lead-based paint regulations, 24 CFR, Part 35, issued pursuant to the Lead-based Paint Poisoning Prevention Act. (j) Communal kitchens. If a communal kitchen is supplied, it shall comply with the following requirements: /96120 Mi MICROFILMED BY i JORM MIC ROL4B 1 /� � CEDAR RAPIDS • DCS MOINES i 4 Ordinance No. _ Page 8 (1) The minimum floor area of a communal kitchen shall be sixty (60) square feet; (2) The minimum floor area of a communal kitchen in which roomers are permitted to prepare and eat meals shall be one hundred (100) square feet; (3) It shall contain a refrigerator with an adequate food storage capacity; (4) It shall contain an approved kitchen sink; (5) It shall contain a stove or range; (6) It shall include at least one cabinet of adequate size suitable for the storage of food and eating and cooking utensils; (7) It shall contain at least six (6) square feet of surface area which is easily cleanable and suitable for the preparation of food; (8) It shall contain a table and adequate chairs for the normal use of the facilities if a communal dining room is not supplied; (9) Every communal kitchen shall be located within a room accessible to the occupants of each rooming unit sharing the use of such kitchen, without going outside the dwelling and without going through a dwelling unit or rooming unit of another occupant. (k) Communal dining rooms. Every dwelling or rooming house, within which the occupant of any rooming unit is permitted to prepare meals or cook within a communal kitchen containing less than one hundred (100) square feet of floor area, as provided in. subsection 17-6(j), shall contain a communal dining room which complies with all of the following requirements: (1) Every communal dining room shall be located on the same floor of the rooming house as the communal kitchen and such dining room shall be as nearly adjacent to the communal kitchen as is practicable. (2) Every communal dining room shall be located within a room accessible to the occupants of each rooming unit sharing such dining room, without going outside the dwelling and without going through a dwelling unit or rooming unit of another occupant. (3) It shall contain a table and adequate chairs for the normal use of the facilities. 1342, MICRorILMED By JORM MIC RQLAB CEDAR RAPIDS DES'MOINES ; r � r Ordinance No. Page 9 (4) Every communal dining room shall contain not less .than seventy (70) square feet of floor area. (1) Shades, draperies and window coverings. (1) Every window in rooms used for sleeping purposes in rooming units and furnished dwelling units shall be supplied with shades, •draperies, or other devices or materials which, when properly used, will afford privacy to the occupants. (2) Every window in rooms used for sleeping purposes in unfurnished dwelling units shall be supplied with hardware necessary to support shades, draperies or other devices or materials which, when properly used, will afford privacy to the occupants. (m) Kitchen stoves and refrigerators. Kitchens or kitchenettes in multiple dwellings, rooming houses and duplexes shall be supplied with a stove or range and a refrigerator by the owner or operator. (n) Tiedowns. In the case of a mobile home, the home shall be securely anchored by a tiedown device which distributes and transfers the load posed by the unit to appropriate ground anchors so as to resist wind, overturning and sliding. F. Section 17-80) is amended to read as follows: (i) OCCUPANCY CONTROL. No person shall allow the occupancy of any dwelling unit or rooming unit within which he/she resides to exceed the number of persons listed on the rental permit. A dwelling unit shall not be occupied by a number of persons greater than that allowed by the Zoning Ordinance. SECTION 3. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION 4. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such ajudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this MICROFILMED BY JORM MICROLAG CEDAR RAPIDS • DES MOINES 134a. M1 3cs- 1 Ordinance No. _ Page 10 MAYOR ATTEST: CITY CLERK It was moved by and seconded by that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: BALMER DICKSON ERDAHL LYNCH MCDONALD NEUHAUSER PERRET First consideration Vote for passage: Second consideration . Vote for passage: Date published /34170 MICROFILM BY i1 1 "JORM MICR46LAB- CEDAR RAPIDS •DES MOINES. f � I 7 i r MINUTES OF STAFF MEETING June 30, 1982 Items for the agenda of July 6, 1982, will include: Public hearing on landfill Public hearing on asphalt overlay project Award contract for library plaza brick work Public hearing on conveyance of alleys for Mercy Hospital Resolution authorizing conveyance of alleys to Mercy Hospital Resolution authorizing amendment to contract for Domestic Violence Project Public hearing on proposed ordinance regarding screening Ordinance regarding screening Ordinance adding Manufactured Housing Residential Zone to zoning ordinance Amendment to Chapter 22 of Code of Ordinances concerning mobile homes Recommendation of the Planning and Zoning Commission to forward no comment to the City of Coralville in regard to Rocca Subdivision Set public hearing on proposed ordinance establishing Historical Preservation Commission Set public hearing on proposed ordinance to establish mechanism to license sign installers Set public hearing for Iowa City Public Housing Project Final reading of taxicab ordinance Resolution of commendation for Dick Lee for his 32 years of service in the Police Department In reference to the proposed Historic Preservation Commission, it was suggested that the possibility of the use of sunset laws be considered for boards and commissions. The Director of Human Relations reminded the staff that payroll change forms are due next Thursday. The Finance Director advised that open enrollment for deferred compensation will be August 1 - 15, 1982, and then annually thereafter. Further information regarding this matter will be provided soon. Pre Q5l .w Lorraine Saeger I MICROFILMED BY JORM MIC RbLAB- CEDAR RAPIDS DES MOINES I i /343 1 MINUTES OF STAFF MEETING July 7, 1982 Referrals from the formal Council meetin were distributed to the staff for review and discussion (copy attached. Items for the agenda of July 20 will include: Resolution on landfill fees and refuse collection fees Appointments to Board of Adjustment and Committee on Community Needs Public hearing on ordinance for final PAD of Walden Wood Noise ordinance amendment changing the chapter number The City Manager reminded the staff of the informal meeting next Monday at 7:00 P.M. to discuss zoning. r The City Manager advised the staff that he is drafting an enforcement process for various elements of the noise ordinance. This draft will be furnished to all departments where comments should be solicited from employees. Comments should be furnished to the City Manager. The City Manager also advised that a proposed administrative code is being furnished to the staff. Comments should be returned to the City Manager. Prepared by: Lorraine Saeger 1363 MICROFILMED BY JORM MICRbLA13 F 1n CEDAR RAPIDS • DES MOINES i 141CROFILIIED BY � - JORM MICR4LAB- ! CEDAR RAPIDS • DES MOINES I .. _. 1 1 rATW s and s in ring fen in about east DID A Yee?— sion. ng ements of ia9't plan" -ite th IF DEPARTMENT REFERRALS page 2 r i % MICROERMED BY r , j -JORM MICRbLAB .1 1 CEDAR RAPIDS DES MOINES W pSFoDESUBJECT � T U COMMENTS/STATUS Informal discussion on July 19 Cit Landfill City 7-6 Public Wks/ re. cost of excavation, life remaining, etc. Chuck and Finance mmril in advance. 7-6 City Manage Check with Crandic re. maintenance. Railroad Crossings When will work be done? Notify Highway 6 R. R. Crossing 7-6 Public Works Council. Prepare ordinance for ballot with Hotel -Motel Tax 7-6 City Clerk/ same provisions as Coralville and Legal came format. Informal agenda soon. Council Salaries 7-6 Assistant Schedule for informal discussion City Manager when all Council will be present. Pending List - Informal Agenda 7-6 Assistant Schedule time for Council to set priority items. Melrose Court City Manager is high priority. Report to Council on possible regulation - include local Massage Parlors Drug Parapherinalia 7-6 Police Chie experience as well as that of eF the problem(s), model ordinance, etc. Manager to review draft reports. Assistant Report to Council regarding type, Council Chambers Lighting 7-6 11 City Manager cost, etc. r i % MICROERMED BY r , j -JORM MICRbLAB .1 1 CEDAR RAPIDS DES MOINES r MINUTES OF STAFF MEETING July 14, 1982 Items for the agenda of July 23, 1982, will include: Resolution on increase of landfill and refuse fees Amendment to Noise Ordinance changing chapter and section numbers Second reading of ordinance rezoning 1.47 acres of land to R1B Second reading of ordinance rezoning 37.36 acres of land to RlA Resolution approving final subdivision plat of Waters First Addition Public hearing to consider ordinance approving final PAD plan of Walden Wood, Part 1 Ordinance to approve the final PAD plan of Walden Wood, Part 1 Resolution to approve the final LSRD plan and final subdivision plat of Walden Wood, Part 1 Resolution to amend Section 3 Grant Application on transit garage Resolution authorizing Mayor to sign water main agreement with Johnson County Final reading or ordinance concerning closing hours for establishments which sell beer and liquor Suspension of liquor license for Mickys Appointments to Board of Adjustment and Committee on Community Needs The City Manager advised that he and the Mayor would be meeting with the Director of the Department of Environmental Quality to discuss the status of the new waste water treatment plant. wThe roosed erepremiindedato�return ttheir ucomments concerning les were briefly sthe sdraft toa atheeheads City Manager. Prepared by: Q Lorraine Saeger 1 M1CRor ILMED Be JORM MICR40LA13 -� CEDAR RAPIDS • DES MOINES !I I 1343 1 •"l DEPARTMENT REFERRALS SUBJECT DATE ' REFERRED DUEDAT F OOMMENTS/STATUE' Board/Commission Recommendations 7-6 Department Heads lJhen these appear on the agenda, include a note regarding what Council action will be.proposed, is first needed. Annual Reports of Boards/Commission Department Heads Reminder - Annual reports are due duly mi Check with Board/Commission chairperson. l � • MILROr ILIIED BY t JORM MICR(�LAB CEDAR RAPIDS •DES 1401 YES r MINUTES OF STAFF MEETING July 21, 1982 Referrals from the informal and formal Council meetings were distributed to the staff for review and discussion (copy attached). Items for the agenda of August 3 will include: Amendment to ordinance on utilities procedures Resolution on hotel/motel tax Resolution amending police and fire administrative salary range Resolution amending the County Home agreement Award bids on landfill excavation Award bids on asphalt overlay project Public hearing on bonds for Iowa State Bank and Trust Public hearing on licensing of sign installers Public hearing on Public Housing Project Public hearing on ordinance establishing Historic Preservation Commission The City Manager advised that the Institute of Public Affairs is doing a study for legislators on state mandates for local government. The department heads were requested to furnish information to the City Manager on the mandates which affect each department. The City Manager advised that he is working on the department heads' evaluations. The 7 percent cost -of -living was sent through. Additional information will be requested from some department heads. A memorandum concerning entrance onto private property by City employees have been was distributed to the staff. The City Manager advised that some complaints received represent the City. reThedCity lidentification who Managerstressedthat anypCityeemployee egoing onto private property should first get permission and show identification. A news release will be written concerning the City Directory being compiled by the R. L. Polk Company. The beinis nowg Performedcaroundithevised clock. Some nnoisetcomplaints havetbeenereceived. M Prepared by; Lorraine Saeger nICRUILMED BY JORM MICR6LA13 I CEDAR RAPIDS • DES M014ES 13" 1 IF 0-4 ff M Informal Council Meeting July 19, 1982 DEPARTMENT REFERRALS M r MICROFILMED BY I JORM MIC R(S L1.B 1 CEDAR RAPIDS DES 40 114ES 1 ILL 11 i i 7 I W SUBJECT v REFERRED ATTO ~ COMMENTS/STATUS Opinion for Council on GWG bid. Old Library 7-19 City Attorn Senior Center Commission member for Congregate Meals 7-19 Bette advisory committee. Check with Supervisors. Evaluation Study [RM11 7-19 Human Relat ns Send information to Council. Zone 7-19 P&PD Status of screening requirements revisions. Why is suspension effective for Liquor License Suspension 7-19 Legal Micky's on 8-1-82? Why not immediately? Council policy - Parks & Rec Proposed transmission line 7-19 Public Work Provide recommendations for Council. P&PD Revise to reflect Council intent IRO Policy 7-19 Finance and preference. Revised Application for CCN 7-19 Assistant Ci 11 y l 11 Refer to Human Rights Commission for Manager review. r MICROFILMED BY I JORM MIC R(S L1.B 1 CEDAR RAPIDS DES 40 114ES 1 ILL 11 i i 7 I T REFERRALS y hookups by U of I on their building! r MICROFILMED BY JORM MICRbLAS I J J CEDAR RAIILL '1D5 • DES IiOIAES �JL __ -° DUECOMMENTS/STAMU F Provide criteria for ordinance amendment re. Council approval of aircraft landings in places other and insurance requirements). ek Motion to approve Santa Claus airlil Respons to Mr. Albrecht'syuestior ige Meet with developer and residents lrk re, capacity of detention facility; Ur 1116V .411ttaly 9U1119 sewer. Report on current status of storm irks sewer with cost estimates to replace or improve. Check on response to request by Jim Hines for barricades on Sunday morning at approximately 6:30 A.M. 9 sterni. Ile eeiRp1,a4fte4-e#-,&— curt response. What policy is followed re. barricades at that location when flooded? Near apartment project on Broadway orks and construction area on Oaknoll and Oakcrest. Bill developer into street. Can code be amended Ito provide for a fine? c�nt.m nF "mmn.ml frnm canifary cPWI y hookups by U of I on their building! r MICROFILMED BY JORM MICRbLAS I J J CEDAR RAIILL '1D5 • DES IiOIAES �JL __ S M T W TH F S / a 3 Y LOAM -Staff Mtg. S SAM -Magistrate (Conf Room) 8AM-Magistrate Court (Chambers) 12noon-CCN (Public Court (Chambers) 4:30PM-Informal Library, Room A) 3ComSenior Center Council (Conf Rm) 3:30PM-(lousing Comn Comm (Senior Ctr) 7:30PM-Informal 7:30PM-Council (Conf Room) . 7:30PM-Formal P&Z P&Z (Conf Room) (Chambers) 4:30PM-Board of (Chambers) Adjustment (Chamb) 9 io 13 1Se 8AM-Magistrate BAM-Housing Appeal LOAM -Staff Meeting (Conf Room) SAM -Magistrate- Court (Chambers) Board (Conf Room) Court (Chambers) 7PM-Informal PM -Parks & Rec 7:30PM-Airport Comm ( Conf Room) Council (Conf Rm) Comm (Rec Center) /5 /6 7 .to z/ SAM-MagistrateLOAM-Staff Court (Chambers) Meeting (Conf Room) 8AM-Magistrate 9: Informal qPM -Broadband Tele Comm (Conf Room) Court (Chambers) Council (Conf Rm) 7&Z 7:30PM-Council (Chambers) P&(C (CInformalonf Room) 7:30PM-Formal P&Z (Chambers) 27 a� BAM-Magistrate LOAM -Staff Meeting 8AM-Magistrate Court (Chambers) (Conf Room) Court (Chambers) 7PM-Informal Council (Conf Rm) 7:30PM-human Right 4PM-Library Board Comm (Law Library (Library Conf Rm) 31 B�-Magistrate Court (Chambers) 4:30PM-Informal Council (Conf Rm) 7:30PM-Council 7:30PM-Informal (Chambers) P&Z (Conf Room) i MICROFILMED BY "JORM MICR6LAB- 1 CEDAR RAPIDS DES MOINES I � j r' . City of Iowa City MEMORANDUM DATE: July 30, 1982 TO: City Council FROM: City Manager RE: Material in Friday's Packet Memo from the City Manager regarding League of Iowa Municipalities meeting Copy of letter sent to Congressional delegation and subcommittee members regarding cable television legislation. Copy of telegram sent to Senators Jepsen and Grassley regarding cable television legislation. Memorandum from the City Clerk regarding conditional approval of beer/ liquor licenses. Memorandum from the Department of Public Works regarding stormwater detention in Pepperwood Addition, Parts 1 and 2. /36 Copy of news release regarding new transit manager. Al? 71 Excerpt from NISC Senior Center Report regarding Iowa City's Senior Center Commission. Article: Funds for new sewage plant could be years away: official Copies of letters from Warren B. Dunham, Director of IDOT, regarding Benton -Riverside reconstruction (dated tray 21 and June 10, 1982). Letter from Johnson County Attorney regarding congregate meals. Copies of letters from the City Manager to Paul Poulson regarding a water plain and regarding problems with sanitary sewer. 1 MICRDFILMED BY l JORM MICROL:AB ...1 ) CEDAR FAVIDS DES MOINES ' City of Iowa City MEMORANDUM DATE: July 30, 1982 FF,League City ouncil Cityanager League of Iowa Municipalities Annual fleeting - September 15-17, 1982 y issue of Iowa Municipal ities, -which is enclosed with the packet includes the reservation and registration forms for the annual of Iowa Municipalities meeting which will be held in Cedar Rapids, September 15 - 17, 1982. Because the conference will be in the "neighbor- hood" this year and it is anticipated that Mayor Neuhauser will be elected President of the League, Council members probably will wish to participate. I am sure you will find the sessions very interesting. Lorraine will call You within the next couple of weeks so that she can make appropriate calendar. reservations for you and you will have an opportunity to clear your /365 r T 141CROEILMED BY JORM MIC RO/L AB � 1 t1 I CEDAR RAPIDS •DES 14018ES July 26, 1982 Re: Proposed Senate Bill 2172 Dear : (See names on page 2) The purpose of this letter is to address the July 2, 1982, staff draft of S.2172 amending the Communications Act of 1934. Enclosed please find copies of the City of Iowa City's previous two responses to the National League of Cities and the International City Management Association regarding 5.2172. The City of Iowa City stands opposed to the proposed and amended draft of 5.2172 for the following reasons: It limits cities' regulation of rates for basic services which is still very narrowly defined. The City of Iowa City's franchise exceeds the definition of basic services as proposed. 2. Prohibition of cities from being able to negotiate what the cable company will provide in the way of services to the community would: a. restrict a basic right of cities to negotiate on their own behalf b. will not allow cities to help design a cable system that best fits their own needs C. is contrary to current federal efforts to decentralize such authority and let local authorities manage on their own behalf. 3. It requires the city to renew a franchise or business contract, based on federally imposed criteria and puts local government authorities in a defensive position both in terms of having to prove cable operators did not live up to their agreements and increases the likelihood of legal action from the cable company if the city decides to take action to deny the company a renewal. 4. The proposed S.2172 is retroactive so the Iowa City franchise would be adversely affected. 5. Access requirements could be removed from our ordinance if the FCC finds there are "reasonable alternatives" to the cable service. "Reasonable alternatives" is not defined and even so, this should be a matter of local jurisdiction and not federal legislation. 6. The term "reasonable" appears again where the FCC is granted the authority to set franchise fee ceilings. What does "reasonable" mean. 1346 MICWILMED BY r i CORM MIC RE/LAE1 CEDAR RAPIDS DES Id018E5 I r� I i IL r July 26, 1982 Page 2 We find it curious that the power to negotiate with regard to cable franchises has been left in the hands of cities until now, when the FCC has been considerably cut back in staff and funding and at a time when cities are finally gaining an understanding of cable TV. The history of city -cable company negotiations shows cities have not abused their regulatory or negotiating power. The City of Iowa City cannot support the proposed. 5.2172 and strongly urges you to work in our behalf to modify the language of this bill according to the suggestions set forth herein and in the two accompanying letters. If you have any questions or need further information, please feel free to contact Mr. Drew Shaffer, Broadband Telecommunications specialist at (319) 356- 5046. Sincerely, David Perret, Mayor Pro Tem City of Iowa City tp/sp cc: Honorable Charles Grassley Honorable Roger Jepsen Honorable Jim Leach Honorable Cooper Evans Honorable Senator Bob Packwood Honorable Senator Barry Goldwater Honorable Senator Harrison Schmidt Honorable Senator John Danforth Honorable Senator Nancy Kassebaum Honorable Senator Larry Pressler Honorable Senator Slade Gorton Honorable Senator Ted Stevens Honorable Senator Robert Kasten, Jr. Honorable Senator Howard Cannon Honorable Senator Russell Long Honorable Senator Ernest Hollings Honorable Senator Daniel Inouye Honorable Senator Wendell Ford Honorable Senator Donald Riegle Honorable Senator J. Exon Honorable Senator Howell Heflin i MICROFILMED BY ' "JORM MIC R#LAB CEDAR RAPIDS DES MOINES I /366 b, 1 i MAILGRAM SERVICE CENTEo MIDDLETOWNt VA. 22645 ( 4-0294895209002 07/28/82 ICS IPMBNGZ CSP CDRC 1 3193565010 MGM TDBN IOWA CITY IA 07-28 0136P EST CITY OF IOWA CITY MN 410 EAST WASHINGTON IOWA CITY IA 52240 _ L THIS MAILGRAM IS A CONFIRMATION COPY OF THE FOLLOWING MESSAGE; t 3193565010 MGM TDBN IOWA CITY HA 100 07-28 0136P EST ZIP HONORABLE CHARLES GRASSLEY US SENATE WASHINGTON DC 20510 { t IOWA CITY STRONGLY OPPOSES 5.2172 AS ADOPTED BY THE SENATE COMMERCE ( COMMITTEE. WE URGE YOU TO JOIN OUR OPPOSITION OF THIS LEGISLATION AS AN INFRINGEMENT UPON LOCAL GOVERNMENTAL POWERS TO REGULATE LOCAL 1 ACTIVITIES OF SIGNFICANT PUBLIC INTEREST. IT LIMITS OUR ABILITY TO E NEGOTIATE AGREEMENT WITHLOUR BLOCAL LIC OCABLE STVSFRANCHISEE,YWEAKENS AND OUR JEAPORDIZES OUR ABILITY TO ENFORCE THE PROVISIONS OF THAT AGREEMENT. 1 YWE OURORESPONSE. FURTHERMENT TO CORRESPONDENCEEISPPOSITION OF 8.2172 AND AWAIT FORTHCOMING, MARY C NEUHAUSER MAYOR 1339 EST i MGMCOMP MGM J /367 RICRUILVED BY JORM-MICRQLAB 1 + CEDAR RAPIDS D[5 1401YE5 i/ I i I'' City of Iowa City MEMORANDUM DATE: July 29, 1982 TO: Iowa City Council FROM: City Clerk Abbie Stolfus RE: Beer/Liquor License/Conditional Approval FOR YOUR INFORMATION --Conditional approval was given at the 3/30/82 Council meeting to Towncrest Inn, 1011B Arthur St., for Sunday Sales Beer/Liquor Permit. They have submitted, after the 90 -day period, the required information which allows them to retain their permit. Also, conditional approval was given at the 3/30/82 Council meeting to Vanessa's, 118 E. College St., for Sunday Sales Beer/Liquor Permit. They have submitted, after the 90 -day period, the required information which allows them to retain their permit. /30 t MICROFILMED BY JORM MICR#LAB' - - -� ✓\� / CEDAR RAPIDS DES MOINES i J LL l City of Iowa Chi r - MEMORANDUM 77-1 Date: July 28, 1982 To: City Council and City Manager From: Denny Gannon DG Re: Stormwater Detention in Pepperwood Addition, Parts 1 and 2 A complaint was filed by Jim Albrecht, who lives at 2135 Broadway Street in Pepperwood Addition, on Monday, July 19, 1982, regarding the amount of water retained in a stormwater detention basin due to the storms which occurred during the previous weekend. The City survey crew checked several elevations in the area and found the top of the dike, which controls the amount of water retained in the basin, to be higher than the design elevation by an amount of approximately 15 inches. On Tuesday, July 20, 1982, a letter was sent to Southgate Development Company, the subdivider and developer of Pepperwood Addition, informing them of the problem. Later in the week, the dike was graded down to the elevation specified in the design; Southgate Development's contractor did the work. On Monday night, July 26, 1982, Frank Farmer, Denny Gannon and Southgate Development's engineer, Ralph Stoffer, met with several concerned home- owners residing in the Pepperwood Addition. Stormwater detention was discussed quite extensively. Residents requested the sanitary and storm sewer systems in the area be cleaned periodically; Harry Boren has been notified of such and' will make period inspections, and will clean if necessary. Also, there is a build-up of sedimentation in the receiving ditch just downstream from the development; a letter will be sent to Southgate to remove the sediment. One particular point of interest in this case which is common with other areas with stormwater detention facilities is that the homeowners are not made aware of any such retention basins when they are seeking acquisition of the property. bdw3/4 /a(01 y MICROFILMED BY .. _—.. , %'.... ...... JORM MIC ROLAeI , !) � CEDAR RAPIDS DES MOINES r 1 July 20, 1982 Southgate Development Company 1902 Broadway Street Iowa City, Iowa 52240 Attn: Ralph Stoffer Re: Pepperwood Addition, Parts 1 and 2 Bear Mr. Stoffer: With the recent rains there have been some complaints concerning the stormwater detension area north of Sandusky Drive and west of Broadway Street. The City survey crew checked several elevations in the area and found the top of the temporary dike, located at the northwest corner of this subdivision, to be higher than designed. The design calls for a top of dike elevation of 89.5 while the current elevation is 90.73. Please grade the top of the dike to elevation 89.5, as soon as possible, in order to prevent flooding of adjacent homes. A copy of the survey notes are enclosed. Sincerely, Dennis S. Gannon, P.E. Assistant City Engineer Enc. bj2/13 /S(01 ' MICROFILMED BY "CORM MICR#LAB 1 CEDAR RAPIDS DES MDIYCS 1 % � f IL W 0-4 July 28, 1982 { r Southgate Development Company 1902 Broadway Street Iowa City, Iowa 52240 Attention: Ralph Stoffer Re: Pepperwood Addition, Parts 1 and 2 Dear Ralph: There is a build-up of sedimentation in the drainage ditch located northwest of Pepperwood Addition, Parts 1 and 2. This condition restricts the flow of stormwater and inhibits the drainage of the stormwater detention facilities in said subdivision. Please remove this build-up of sediment as soon as possible. Sincerely, 1 Dennis S. Gannon, P.E. Assistant City Engineer bdw3/6 cc: Frank Farmer, City Engineer ✓ I r MICROFILMED BY _. J "JORM MIC R¢LJE. CEDAR RAPIDS DES MO r 0-4 CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CIN IOWA 52240 (319)356-5000 NEWS RELEASE Transit Manager July 29, 1982 Larry McGonagle of New Baltimore, Michigan, has been appointed Transit Manager for the City of Iowa City effective August 16, 1982. He replaces Hugh Mose who accepted a position with the City of Fresno, California. Mr. McGonagle has been employed by the Southeast Michigan Transportation Authority as Superintendent of Transportation and Communication at the Macomb Connector Terminal. Prior to that position, he gained experience in the transit field with the Greater Peoria Mass Transit District where he served as a transit driver, dispatcher and supervisor. Mr. McGonagle holds a masters degree from Illinois State University. He will be moving to Iowa City with his family within the next few weeks. FROM: Administrative Offices 13149 MICROFILI4ED BY ' I I CORM MIC R#L AB !,\�CEDAR RAPIDS DES MOIYES � r I M1 -2- SENIOR CENTER WEEK 1982 Good will and a new awareness of older community residents were among the results of the positive publicity generated by Senior Center Week, May 9-15, in cities and towns across the nation. North Carolina Governor James 8. Hunt proclaimed Senior Center Week throughout the state, speaking at a press con- ference at which Ann Johnson, immediate past NISC chair; David Polston, former NISC Delegate Council member, and Reggie Durham, current North Carolina dele- gate, were present. The North Carolina Department on Aging assembled a package of promotional materials for senior center directors that included the concept of a "senior walk." Many centers in various sections of the country held open houses, with local and state dignitaries as guests of honor. Other activities highlighting the special week included: • SIOUX CITY, IOWA --The Siouxland Senior Center celebrated the first anniversary in its new center by observing Senior Center Week. Local older persons were invited to visit, to join and to help the center reach its goal of 3,000 members by the end of the month. • LOCKPORT, NEW YORK --Activities were held every day of the com- memorative week and included breakfast at the local high school, a square dance, a bake off contest, a hobby show at the local shopping center and a 10th anniversary celebration and rededication of the senior center building to honor its former director and past NISC delegate, Betty Dale. • ALLENTOWN, PENNSYLVANIA --The Lehigh County Senior Citizens' Center sponsored a crafts exhibit and demonstration in the lobby of the Industrial Valley Bank, located in a local shopping center. • AMHERST, NEW YORK --A senior fashion show and breakfast were held in the town's largest department store by the Amherst Senior Center. In addition, each of the center's interest groups (Couples Club, Men's Club, Sports Club, etc.) held a special event at the center. • MIDDLETOWN, NEW JERSEY --The Middletown Senior Center honored its volunteers with a brunch and its "Friends of Seniors" award presen- N / • IOWA CITY, IOWA --The Senior Center Commission, the governing board \ (appointed by the City Council and the County Board of Supervisors) \1 of the new Iowa City/Johnson County Multipurpose Senior Center conducted a "speak out," at which local participants asked questions, s and offered su estions about the senior center pro ." • HUNTSVILLE, ALABAMA --A family day honoring persons married 50 years or more was held by the Huntsville -Madison County Senior Center. A fishing rodeo and picnic on adjacent park grounds were also featured. • JOHNSTOWN, PENNSYLVANIA--Serbo-Croatioan folk class performances were held by the Senior Activities Center of Cambria County in addi- tion to a senior art show and health education seminars. Special radio and television spots drew attention to the center's activities. NISC Senior Center Report J j /37/ i 111CR0f ILMED BY ' JORM MIC ROL,40 ! � CEDAR RAPIDS DES 1401Y[S r Cedar Rapids/Tuesday, July 27, 1982 11A■ .Funds for new; sewage plant could be years away: Official By Tom Welull those are still the appropriate, correct and proper oaMw Jonnwn COMM evnw.cnln priorities." IOWA CITY — An official of the Iowa Iowa City officials would emphatically argue Department of Environmental Quality said Mon•they're not and may do just that Aug. 16, when day it could be seven to 10 years before Iowa City the DEQ is staging a public hearing on ate gets the federal sewage treatmentufacility. bsidy sealed to bund a new construction grant priority rankings at the Joe Obr, director of the DEQ's Construction Wallace State Office Building in Dee Moines Grants Division, said the'city's request for a 75The city has already spent more than $10 Percent subsidy for the Proposed *$57 atflllon. million, much of it federal money, Installing trunk Project is now ranked 23rd on the DEQ's priority sewer Tines designed to into the new sewer.' Wt for distribution of federal sewer construction Plant the city had hoped would be under Nods to Iowa communities. conduction by now. Complicating mutters Is the That's 10 -Positions higher than •a week ago, fact that the city's existing sewage treatment when the federal government committed itself to facility is obsolete and fans to meet minimum providing the DEQ with 330 million duringthe effluent standards set by the U.S. Environmental current f scal Year to allocate to the 10 owe O on ABe°c1'• Existing sewer lines, espe- projects at the top of the II9L ctal1Y those oa the city's east side and southeast . "If those Priorities -stay exactly as they'are side, are nearing, opacity and ate prone"to now, and the federal government stays with the backing up Into basements during periods of $30 million per fiscal year, Iowa Clty7s probably heavy rains. seven to 10 years away," Obr said of the city's Iowa City, Obr said, finds itself in this hurry. request for $42 million. 'up-andiwalt situation' as a result of shifting Although this year's allotment of $30 million federal policies. was, able to be spread among gg1pp0 projects, a sas Back in the mid-70s, he sald,.DEQ had plenty said. De es In line for 00 milnon in of federal money to allocate, but only a few federal sewer funds, which will have to be communities were ready to build new sewage allocated by the DEQ over a . period oftreatment facilities. As the list began to grow, the res There's a chance, he saidstate was receiving nearly $60 million a year to , the {iriodty list may bbe e distribute. Soon thereafter, the Carter administra- overhauled once Des Moines' needs have been .tion' decided to "defer" some of those funds, met, which might improve Iowa C11:54 standing, followed by a Reagan administration ander to ' By the time we get by Des Moines and others "rescind" some of the promisee made by the that might'take-several years of. allotment, it Carter White House. would only be (air and prudent to reconsider all of those priorities," he said. *Iowa City, although they're not the only ones, There likely v{ill be a rearrangement There's Is clearly in a bad spot," Obr said. 'They were some merit to respecting your priorities and not Proceeding in good faith, getting prepared to go, changing your mind every year and playing going along with every' expectation that the games with folks off and om On the other hand, l(money wouid,be there for them. Then, through no You Projected that some Project would be funded • fault of their own, or ours, that rums out not to be in two or three years' time, and then, because of the case. TIIat leaves them'. in a very difficult funding, It turns out to be seven or elght years' Position, not unlike some other. towns, Including time, 1 think honestly you -should eek yourself If some ahead of them that face the same dilemma" NICRNIUIED fly JORM MICROLA6 ; CEDAR RAPIDS • DES MOINES /•J ZZ 1 J r M2 Rel. =,r`J Iril t. 'J Iowa Department of Transportation CA 800 Lincoln Way, Ames, Iowa 50010 515/239-1111 May 21, 1982 Mr. Neal G. Berlin City Manager City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Dear Mr. Berlin: Ref. No Johnson County F-6-7(22)--20-52 I was pleased to meet with you and the city council recently to discuss the proposed project on Benton Street and Riverside Drive. I appreciate hearing your concerns about this project, but after a detailed study we must maintain our original position on both issues. Our proposal for Benton Street is based on maintaining the present Pavement by performing minor work on the surface to restore the original crown in the roadway. This would greatly improve this section. Milling the center 25 feet of the road to correct the crown and resurfacing with one and one-half inches of asphalt would cost an estimated $5,000. It would cost an estimated $34,000 to replace the center 25 feet of Benton Street with new pavement, an increased cost in the project of $29,000. We have no objection to your proposal for Benton Street, but we will limit our participation to $5,000 for the project. It may be more cost effective to the city to replace the existing pavement if the proposed sanitary sewer project is constructed on Benton Street. No additional construction costs would be anticipated if the fifth - lane design is used on Riverside Drive. The cost per square yard to construct a paved median (raised with concrete curbs) is the same as standard pavement, so no additional costs are anticipated for the project. However, this department does not support the construction of the fifth - lane. The raised median concept on Riverside Drive is a safer design than the fifth -lane proposal. The raised median reduces traffic conflict and congestion, controls access, and limits left turns to street inter- sections only. The construction of a fifth -lane will have a detrimental effect on safety since traffic will travel faster through this area after Riverside Drive is improved. If the city decides to construct the fifth -lane and this later proves to be inadequate, there will be additional investment needed to assure the safe movement of traffic through this area. These additional costs will have to be provided by the city. Commaw"M Damltl Dunn C. RJger Fair Detail gentina aoben t. eigier AulDn D. TUmer Del Van Nom Dlnds W. Vey Del Moines Da"rMon Sioux Center New ibmnton Coming Jeffewn Maquoketa /373 MICROFILMED BY I i JORM MICROLAS � CEDAR RAPIDS BES uplA[S i ( f� 014 Mr. Neal G. Berlin May 21,1982 Page 2 The request for a pedestrian activated signal is reasonable. However, we recommend waiting until pedestrian volumes warrant separate signals because of traffic phasing problems, longer delays and other factors. We do not intend to deemphasize the importance of pedestrian safety, but these signals could be added very easily at a later date when the need is more apparent. If you would like more information about this project, please contact me. Sincerely, i V Warren B. Dunham Director WBD/bas LL t MICROFILMED BY l DORM- MICR46LA13 CEDAR RAPIDS DES MOINES � 1373 LIowa Department of Transportation 800 Lincoln Way, Ames, Iowa 50010 515/239-1111 June 10, 1982 Mr. Neal G. Berlin City Manager City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Dear Mr. Berlin: Ref. No Johnson County F-6-7(22)--20-52 The detailed study to which I have referred consisted of a project review by professional and technical staff representatives. The subject was again discussed on June 10 and confirmed our earlier conclusions that the raised concrete median on Riverside Drive is the appropriate improvement. This decision is based on the necessity to control congestion in the heavy traffic corridor by eliminating left turns into businesses, establishing protected left turn storage bays at Benton and Sturgis Avenue, reducing traffic conflicts, and treating essential safety aspects of the design. I cannot agree that this agency has an obligation beyond widening Benton Street to accommodate intersection movements at Riverside Drive. State participation would remain at $5,000 for the milling and resur- facing work on Benton Street as previously stated in my May 21 letter. When evaluated by our design warrants, it is our opinion that a pedestrian activated traffic signal at Riverside/Benton is not needed. This is not to say that the request is unreasonable, but simply that our initial concern must look to the problems that signals would generate in traffic phasing, delay times and interconnected circuits with the proposed signals at the junction of 1/6/218. If it can be demonstrated after the project is completed that signals are necessary for pedestrian safety, they can easily be added at a later date. UnrunHMoneea !amara Dunn C. tiger fair DanTl eenSInk agbM e. Mg*r Auann 8. Tomer Del van Men Dennis W. VDY Des Masi Wvenp rr SWux Center HeW Hampton Coming blf Mn Maquoketa 1 MICROFI UdEO BY _1 ' JORM MICR LA9 i ' CEDAR RAPIDS DES MOINES I / 'R 7.3 t J ■, Mr. Neal G. Berlin June 10, 1982 Page Two This agency feels a paramount responsibility for the reconstruction of the new U.S. 6/Iowa 1 intersection and will insist on proceeding with the raised median concept at that location. However, we acknowledge that the Riverside/Benton portion of the project is the product of our agreement concerning relocated U.S. 218. If Iowa City formally requests that the design be modified to substitute a five lane operation on Riverside in lieu of the raised median controls, our plans will be changed accordingly. The best public interest will be served by resolving this issue and proceeding with plan preparation for 1983 construction. If you wish us to make the above substitution on the Riverside/Benton segment, please let me know. Sincerely, Warren B. Dunham Director WBD:ckw /a 73 .p wlcRor ILMED BY 1 1_ "CORM MIC RdL CEDAR RAPIDS DES MD14ESIYES 1 � r CIVIL -JUVENILE DIVISION J. Patrick White First Assistant Daniel L. Bray Anne M. Lahey John R. Bulkley CHILD SUPPORT DIVISION (319) 337.6418 RECEIVED OFFICE OF THE CIOUNrrgr 328South Clinton Street IowaP.O. Box 2450 �O� (319) 337.9688 J JACK W. DOOLEY - COUNTY ATTORNEY July 29, 1982 Board of Supervisors Room 2 Sabin Building Iowa City, Iowa 52240 Madam Chairperson and Members of the Board: CRIMINAL DIVISION Janice M. Becker Steven R. Regenwether Dorothy M. Maher Patricia M. B. Sheppard COPY e:.!!'i: 1. 7 ADVISE OF PROGRESS of T DIS FILE JOIINs09 COUNTY ATTORNEY Re: Congregate meals This opinion responds to your request for a third opinion on questions attendant to your delivery of the congregate meals program. Your attention is again invited to our opinion of January 16, 1976, for background and to our opinion of October 7, 1980, for a discussion of specific questions related to your latest opinion request. Rather than repeat the analysis which we provided in that October 7, 1980, opinion a copy is attached hereto for your reference. You requested that we review the state and area plans and offer our opinion on their conformity to federal law. In the same month that you referred this matter to us, December of 1981, Congress completed action on the Older Americans Act Amendments of 1981 which complicated our re- sponse in that it necessitated, again, a detailed, line -by- line review of the Act as amended. This was so as to deter- mine whether the statutory framework for congregate meals had changed in any manner such as would alter our conclusions in the October 1980 opinion. We conclude that the 1981 amend- ments worked no such substantive change and that the basic legal framework remains as outlined in that 1980 opinion. The fairly large number of changes to the Act left unaffected the language as to eligibility and the relevant statements of legislative purpose, both of which we have previously discussed. We should note in passing that the statutory statement of eligibility has been expanded to include "handicapped or disabled individuals who have not attained 60 years of age but who reside in housing facilities occupied primarily by the elderly at which congregate nutrition services are provided." P.L. 97-115, § 7(b). /37'1 1 i IIICROFIL14ED By DORM MICR6LA13 CEDAR RAPIDS • DES MOINES 1 i I i J r Board of Supervisors July 29, 1982 Page 2 The regulations promulgated in March 1980 have not yet been revised consistent with the 1981 amendments. The issues you referred to us will need to be re-examined when such re- gulatory revision occurs. We turn then to a review of the area and state plans to determine whether or how they comply with the requirement that preference be given to "providing services to older individuals with the greatest economic or social needs." P.L. 95-478, § 306(a) (5) (A) as amended. We have reviewed the Manual for Area Plan provided to us by the Heritage Agency on Agng. T P—art riof that Manual, page II -31, a page provided by the state agency and directive in nature, the area agency is called upon to "describe the pro- posed methods of giving preference in providing services to older individuals with the greatest economic or social needs." This directive then cites the same statutory requirement to which we have previously referred. On the following Manual page, unnumbered page II -32, in response to the state agency directive, the Heritage Agency on Aging states that it: [S]tresses the delivery of services to those elderly with the greatest economic and (sic) social need by (1) giving preference to sub- contractors who have a demonstrated capacity to reach low-income and minority persons, (2) by locating its nutrition sites, senior centers and focal points with respect to areas with high population concentrations of low- income persons, or with regard to easy access for these persons, and (3) by specifying in the contracts and written agreements with service providers that preference will be given to older persons with greatest economic and (sic) social need. These three methodologies thus constitute the Heritage narrative of its procedures for complying with the federal statutory and regulatory preference requirement. The most significant facet of this document to you is that two of the three methodologies delegate to you the responsibility for meeting the preference requirements of the law. Heritage has in its plan stated that, as a subcontractor, Johnson County has a demonstrated capacity to reach low-income and minority persons. Compliance on the part of the Johnson County congregate meals program with the federal preference requirements thus is based in part on Johnson County's own actions to reach low-income rucRorILMED BY 1 - JORM MIC R6LAB 1 ( CEDAR RAPIDS DES I40IYFS i37y r Board of Supervisors July 29, 1982 Page 3 and minority persons. Equally significant, the area agency plan states that service providers, such as Johnson County, will by contract be called upon to meet the federal preference for older persons with the greatest economic and social need. Thus on two of the three methodologies, responsibility for assuring that the preferences are met is placed with Johnson County. In view of these provisions of the area plan, it is our opinion that it is the responsibility of the Johnson County Board of Supervisors to initiate and maintain policies and practices in the delivery of congregate meals which will assure, preference in providing congregate meals to older individuals with the greatest economic or social needs. This results from the fact that the area plan discharges in large part its responsi- bility by delegating that obligation to subcontractors such as the Johnson County Board of Supervisors. You should also take note of the language of your current contract with the Heritage Agency on Aging whereby you agreed that it was your duty and responsibility to "conduct outreach to encourage the participation of persons with greatest economic or social need." Title III Contract, October 1, 1981, Article 2(b). You should, in our opinion, establish and maintain policies and practices which implement this contractual obligation. We would recommend, that those policies and practices be of record in such fashion as to be available in the event of a federal or state compliance audit. We also note that, in a couple of respects, the language employed by the Heritage Agency is not accurate or complete. That agency's use of the conjunctive "and" with respect to economic/social need is at variance with the regulatory dis- junctive "or." Our purpose in calling attention to that semantic point is to make clear that the federal regulation envisioned those as separate criteria. Methodologies one (1) and two (2) described by Heritage make no reference to the non -economic factors which the regulation established: physical and mental disabilities, language barriers and cultural or social isolation. This deficiency in the Heritage Manual makes it all the more important that you undertake to es�ish and maintain policies and practices to implement your contractual obligation. Ile have, in addition, reviewed the State Plan on Arming for fiscal years 1981-83 provided to us by tFe--%wa Commission on Aging through the Heritage Agency on Aging. The State Plan on Aging, at page 7, provides what it refers to as a program specific assurance that the Plan "contains proposed methods of carrying out the preference to older individuals with greatest economic 111CROFILNED 8Y 1. JORM MICR#LA6 j CEDAR RAPIDS • DES MOINES /37�/ J r Board of Supervisors July 29, 1982 Page 4 or social need in the provision of services." While that is an accurate recognition of the federal requirement, it is a generous description of the content of the document provided to us. The Plan at page 21 recites an "overall advocacy goal" to insure that older persons with the requisite social and economic need have "equitable access to resources." At page 23 the Plan recites that the Commission will work to "maximize the availability of nutrition . . . to those elderly persons in greatest need." A similiar service delivery goal is recited at page 25 of the Plan. At page 27 of the Plan, the Commission set as an objective"barrier free multi-purpose senior centers and nutrition sites with priority given to locations with high concentrations of unserved older individuals wit greatest economic or social needs." (Emphasis added.) The role for the state agency established by this Plan is essentially one of setting general policy with actual program responsibility delegated to the area agencies. Nothing in the state plan speaks to the actual operation of your congregate meals program in any sort of sense as to fulfill the federal requirement for service preference to those with the greatest economic or social needs.. We thus conclude that the state and area plans, even taken together, are insufficient to meet the federal preference re- quirements. By their terms they place that responsibility on the agency providing service --in this instance, Johnson County. To the extent, if that be the case, that your congregate meals program is now operated without specific county initiative to meet the preference requirements, it is our opinion that it is not in conformity with federal law. This conclusion stems not from the statute or regulation themselves, but from the state and area plans and your contract viewed in light of those federal requirements. We stated in our October 1980 opinion that congress had delegated a considerable degree of latitude to the state and area planning process. Having now, at your request, examined the state and area plans, we state that the Iowa Commission on Aging has delegated to the area agencies a similiar degree of latitude and er tage has, in turn, delegated to contractor. y g you as a sub - coin o r case, as the service provider and final delegatee /you are also left with the legal responsibility to comply with the fe eral— pr'efe`rence requirements. We recommend that you discharge that legal 'responsibility by the adoption of written policies and utilization of service practices which assure the required preferences. MICROFILMED BY CORM MIC RbLAB I j LEDER RAPIDS •DES MOINES 137,41 Board of Supervisors July 29, 1982 Page 5 As you proceed to initiate and maintain such policies and practices, you too have a considerable degree of latitude. In the 1981 Report of the United States Senate Special Committee on Aging, Chairman Heinz and Ranking Minority Member Chiles, in their preface, describe it to be congressional judgment that "a large amount of local discretion in terms of program and resource allocation" should continue. No prescribed approach to meeting the preference requirement exists. In a related matter, it is also our opinion that the news- paper notice currently being utilized should be revised. In the first instance, the notice does not recognize the 1981 expansion for handicapped or disabled individuals who are not yet 60 years of age. In the second instance, having now re- viewed the state and area plans, we conclude that those in- clusions in the notice do not refer to documents which would be of substantive assistance. As with all aspects of the congregate meals program, considerable latitude is available for such published information. No publication requirement exists. If, in your discretion, you choose to continue to utilize a revised notice which seeks to describe the program rather than simply stating the menu, we would be willing to review it for legal accuracy or sufficiency. That sort of descriptive notice should likely await your action on policies and practices to assure that the preference requirements are met. As before on this overall subject, we will be available to respond to questions and to assist as necessary in reviewing or advising on the policies and practices which we have recommended you initiate. JIVD:JPIV/kr Sincerely, �e4� DOOLEY IT JOHNSON COUNTY ATTORNEY J. PATRICK WHITE FIRST ASSISTANT COUNTY ATTORNEY MICROFILMED BY JORM MIC R(SLAB i � CEDAR RAPIDS • DES MOINES I J /37Y r CIVIL -JUVENILE DIVISION J. Patrick While First Assistant Daniel L. Bray Anne M. Lahey OFFICE OF THE COUNTY P.O. Bos 2450 328 S. Clinton Street Iowa City. Iowa 52244 319.337.9688 J JACK W. DOOLEY - County Attorney October 7, 1980 CRIMINAL DIVISION AT William L. Yeller Ralph R. Potter 0 Kevin B. Struve Janice M. Becker Board of Supervisors Federal Building Iowa City, Iowa 52240 Re: Congregate meals eligibility Mr. Chairman and Members of the Board: You have again requested our opinion in regadto eligi- bility requirements for the congregate program r the elderly. On January 16, 1976, this office issued an opinion ad - ion in terms of the then existing federal dressing that quest statutes and regulations. A copy of that opinion is attach- ed fo.r reference. The statutory and regulatory provisions cited in that opinion have been repealed or superseded. The four specific grounds for elibility which existed at the time of our January 16, 1976, opinion do not now apply and, therefore, the con- clusions of that opinion are inapplicable today. The Comprehensive Older Americans Act Amendments of 1978, Public Lata 95-478, made major revisions to the statutory basis for the congregate meals program. This legislation was effective on October 1, 1978. A year and one-half later, on March 31, 1980, net,, implementing regulations became effective. The balance of this opinion will analyze how' under the current law, the con- gregate meals program is to be delivered and how eligibility for that program is to be determined, if at all. Section 331 of the Act provided for establishment and operation of nutrition projects in congregate settings. The implementing regulation states that "a person ag0eli or ibler and the spouse of the person regardless age, areS to participate in congregate nutrition services . 45 C.F.R. 1321.141(b)(1). Thus, looking narrowly at the specific statutory and regulatory references to nutrition, age would appear to be the sole eligibility criterion. Jr MICROFILMED BY I 'JORM MIC R6LAB _- 1 ' CEDAR RAPIDS DES MOINES I i I i I r Board of Supervisors October 7, 1980 Page 2 A broader examination, however, of the purpose of the legislation and its implementation leads to a somewhat less open-ended conclusion. To the extent that qualifications now exist on eligibility, they are to be addressed in advance of actual service or meal delivery as part of the state and area plans. It is apparent that congress had delegated a considerable degree of latitude to the state and area plan- ning process in delivering nutrition services. The nutrition program is now part of Title III of the Act. Legislative purposes now are described as providing various services, including nutrition, to older individuals in order to: "(1) secure and maintain maximum independence and dignity in a home environment for.older individuals capable of self care with appropriate supportive services; (2) remove individual and social barriers to economic and personal independence of older individuals; and (3) provide a continuation of care for the vulnerable elderly." P.L. 95-478, 9 301(a). Grants are made available to further these purposes. In a real sense, "eligibility" as it was described in our 1976 opinion now must be addressed in the pre -grant project planning stage so as to conform to the legislation. Each area agency on aging is now required to prepare a plan for a three year period which determines the extent of need for nutrition and other services. This plan is required to "provide assurances that preference will be given to pro- viding services to older individuals with the greatest economic or social needs." P.L. 95-478, § 306(a)(5)(A). These area plans are then required to be approved by the state. "Greatest economic need" has been defined by the Department of Health, Education and Welfare (now Health and Human Services) as "tile need resulting from an income level at or below the 11 poverty threshold established by the Bureau of the Census. 45 C.F.R. 1321.3. "Greatest social need" has likewise been defined by re- gulation as "the need caused by non -economic factors which in- clude physical and mental disabilities, language barriers, cultural or social isolation including that caused by racial or ethnic status (for example Black, Hispanic, American Indian, and Asian American) which restrict an individual's ability to perform normal daily tasks or which threaten his or her capacity to live independently." 45 C.P.R. 1321.3. MICROf ILMED BY JORM MICR#LAB CEDAR RAPIDS • DES M014ES 137y 1 J r Board of Supervisors October 7, 1980 Page 3 The Comprehensive Older Americans Act Amendments of 1978 did not envision a blanket or open-door meals program. Instead it describes a comprehensive and coordinated system of identifying the statutorily described needs and a planned program of addressing those needs. An individual congregate meals program should be available to persons on some basis consistent with either economic or social need. Eligibility requirements or qualifications for the local congregate meals program depend upon the area agency's plan as approved by the state. It is that plan which, under the 1978 legislation, must conform to the criteria described in this opinion. It should, to be valid, further in some fashion the three stated legislative purposes and give preference to those with the greatest economic or social needs. We have not undertaken a review of that plan and do not offer any opinion on whether it complies with the law. Nor do we offer any opinion at this time as to whether the local program complies with the area plan. Such inquiries were beyond the scope of your recent opinion request. We do state it to be our opinion that, under the 1978 Act and the 1980 regulation, an individual no longer must meet one of the four previous specifications. In lieu of such an inquiry, the area agency's plan should now be the focus of any legal evaluation as to conformity with federal law. Should it be your wish, we would, of course, ourselves, or, as its impact extends beyond Johnson County, perhaps through the Attorney General, undertake such an inquiry. JIiD:JPli/kr Sincerely, JACK W. DOOLEY JOHNSON COUNTY ATTORNEY j.\PATRICK l4NITE FIRST ASSISTANT COUNTY ATTORNEY IIICROFIL14ED BY "JORM MICR6LAB CEDAR RAPID; • DES MOIYES /37,V 11, J� July 30, 1982 Mr. Paul Poulsen 525 N. Johnson Street Iowa City, Iowa 52240 i Dear Mr. Poulsen: This is in response to your letter of July 7, 1982, concerning the 16 inch water line which apparently is located on your property at 810 First Avenue. The line was installed over 20 years ago and,it does not appear that an easement was obtained at that time. However, as no question was raised concerning the location of the line for a period in excess of 20 years, under the common law doctrine of adverse possession, the line may legally remain in its present location. In any case, the City does wish to be fair about this matter now that the question has been raised. Therefore, I have enclosed an appropriate easement, for your execution. Upon receipt of the completed easement, the City will send you a check in the amount of $500 which is deemed to be appropriate compensation for such an easement. If you do not wish to execute an agreement, the City is prepared to proceed through the condemnation process to obtain appropriate resolution of this matter. If you have any questions, please contact me. Your cooperation is greatly appreciated. Sincerely yours. Neal G. Berlin City Manager bdw/sp cc: City Council Robert Jansen MICROFILMED BY 1 -JORM-1V1ICR6LA9 I� CEDAR RAPIDS DES M0MES 1375' r July 30, 1982 Mr. Paul POLOSen, President Senor Pablo's Restaurant 830 First Avenue Iowa City, IA 52240 Dear Mr. Poulsen: Recently you contacted the City concerning problems with your sanitary sewer. Enclosed is a report prepared by the Department of Public Works. The report indicates that the sewer service from Senor Pablo's Restaurant is connected to a private sewer rather than a public sewer line. Because you are not connected directly to the public sewer it is difficult to ascertain the extent to which any problems may be caused by the public sewer and/or by the private sewer. In addition, the service line which extends from your building to the private sewer appears to be at a grade less than recommended. The problem of the minimum grade may also be exacerbated by restaurant use. Attached to the memorandum is a listing of property transfers. You will note that this property was not subdivided in the usual manner and consequently the City was unable to undertake the review process which is normal for subdivided properties. One of the ways in which the City and other property owners mitigate damages, as a result of excessive water during inclement weather, is to install various kinds of check valves. It is noted that no action in this regard has been taken at Senor Pablo's Restaurant. Lastly, the report indicates, that there are alternative ways in which the restaurant could be connected to the trunk sewer. These changes could solve any existing problems. Therefore, because you are connected to a private sewer, problems exist relating to the subdivision of the property, and that no actions have been taken by you to mitigate damage, it is not possible I nlCRorIVED BY ' I DORM MIC R('JLAB -7 CEDAR RAPIDS DE5 14oINE5 I I � _ l /.?7S 1 1 'I 111CROFILIdED BY 1 JORM MICR¢LAM' CEDAR RAPIDS • DES MOINES IL /37s 7 r City o4 Iowa Cr,_ f MEMORANDUM Date: July 26, 1982 To: City Manager and City Council .1 �v from: Francis K. Farmer. City Engineer+�,�,_ Lee J. Tippe, Civil Engineer P�. Re: Senor Pablo's Flooding Problem The Senor Pablo's Restaurant on First Avenue in Iowa City was flooded on two occasions as a result of heavy rains. These dates were 14-15 June and 17-18 July 1982. The following is a discussion of the existing facilities and conditions, the development of the area and possible solutions to the problem. Senor Pablo's Restaurant is in a drainage basin that extends from the South Branch of Ralston Creek at the intersection of "E" Street and Second Avenue, South along First Avenue to Wayne Avenue and East to Essex Street. Refer to the attached drawing. Sewage flows at peak conditions total 0.325 MGD. The capacity in the critical section is 0.426 i•iGO. This leaves an infiltration allowance of 0.10 MGD, or an additional 31 percent. Tire critical section is located on "F" Street between First Avenue to Second Avenue. A manhole oil this section was examined by Engineering personnel around 8:45 a.m. on 18 July 1982. At that time, the manhole was surcharged to approximately six inches below the lid, indicating a flow rate considerably higher than the 0.426 MGD capacity. lire sanitary service for Senor Pablo's Restaurant is tied into a private service line which sewers the Towncrest Mobile Home Court. The sanitary service for the restaurant is tapped into a private manhole located in the parking lot of Senor Pablo's approximately 50 feet East of First Avenue. Thus, Senor Pablo's does not have a direct connection to the public sewerage system. This manhole was also examined by Engineering personnel during the morning of 18 July 1982 and was surcharged to within six inches below the lid. There are several possible causes for the sewage backup in Senor Pablo's. Iirst, Senor Pablo's service connection into the private sewer is shallow and fairly flat; the service line Inas a slope of 1.2 percent. For a four inch service, a slope of two percent is recommended by the Iowa City Plumbing standards. Flat grades in the service lime can cause blockage problems, especially from restaurants where waste grease collects in tine sewer line. Another possible cause is high infiltration flows in the private sewer which could cause a surcharged condition. There is a good indication the infiltration in the private sewer is considerable. At 2 p.m. on 19 July 1982, the line from the mobile home court was flowing approximately half full. The water was fairly clean indicating that much of it was ground water rather than sewage. Another factor that may have contributed to the problem is stormwater runoff to and from the site. The restaurant building is low in relation to the lot and the surrounding area. Hence, stormwater would tend to flow toward the restaurant and also IIICROi IL14ED BY JORM MICROLAB I CEDAR RAPIDS •DES M014[5 /,3 7S' A 1 into the private manhole located in the parking lot near First Avenue. However, as of 21 July 1982, the owner of the building has been grading the site and constructing a hard surface to correct this situation. The area where Senor Pablo's is located has developed gradually since the early 1960's. Refer to the attached sheet for a history of property splits. From this, it is apparent the area has been illegally subdivided. Paul Poulsen acquired lots 2 and 3 in 1979. At this time the site should have been subdivided as per City Code. This would have included a review by Engineering Division. The process is a means to protect the developer and future property owners. The review would have included an evaluation of existing and proposed sanitary sewer facilities. Had the owner followed proper procedures, Engineering would have had an opportunity to suggest alternative sanitary sewer layouts which would have prevented flooding problems. There are three basic solutions to the problem of sanitary sewage backup. One solution is to install a check valve on Senor Pablo's sanitary service line. The second solution is to extend an eight inch sanitary sewer south from the Southeast Trunk Sewer on the east side of First Avenue to Senor Pablo's. Sewer services for the carwash, QuikTrip, and Senor Pablo's would then be tied into this sewer. Construction would be difficult due to the location of underground utilities on the east side of First Avenue. The third option is to construct a new public sewer from the existing manhole located at the intersection of First Avenue and "F" Street West to the First Avenue parking and North along the West side of First Avenue to the Southeast Trunk Sewer. This alternative would alleviate the capacity problem in the public sewer on "F" Street. Senor Pablo's service would then remain in its present condition without change. This option would be the most expensive in terms of construction cost. These alternative assume, of course, that the water problems at Senor Pablo's are caused by sanitary sewer backup rather than surface stormwater. This may be an erroneous assumption. bdwl/1-3 Attachments /316" 1 i micRorl info BY � I DORM MIC REILAO- � 7 CEDAR RAPIDS • DES MOINES Ij IF' STPEET MH IS BURIED RIM ELEV. - 101.46 8" F ELE':. - 103.14 F ELEV. - 98.06 1510 REEY 24" TRUNK SEWE LAUr1U HAPJO S STEWEPtS DD I RIM ELEV.1- 106.45 CP E ELEV. LLO1.26 _ O I)a, - " ttu nen tact. - aw.�u N77. ELEV. - RIM ELEV. - 108.76 z 8" fl ELEV. - 1051 a` RiM REV. - 107.13 q ELEV. - IO2.61 -i SCALE: 1" = 100' I FLOOR ELEV. - I105� 77 4" SERV. 0 l� SEROR a PABLO'S I SERV. arra EL - F E L E- 1 ER ��IM ELEV. -07.33 B" FL EL V: -T 102. 4" E ELEV. � 103. I41LRof1LMED BY JORM MIC Rf�C40'- 1 y\ I CEDAR RAPIDS • DES I40l4E5 i IR ELEV. - 106.45 I I R ELEV. - 106.91 KT04 Ir! CREST RAILER COUR 1 68� I I ou �r r. Pa'e /D- i' 7 -to -7.Z J Rel f y AU/ Lee 1-4 Sal, f Zee (OLIS�N tI��X/IISlllcoX45) �� //,D -�l� f G.�iJac7'�P �o�oL/Seal l Zol ��fd3l� �07�.3 - 3J1/ 1 Itlt11l g-Zl-71' - 71- 8-zl-79 Dom/ Lee Pou61-&-<, �� 3 1 � 19176�I II -S -S I /2 -2Z -3I -3as ; " 12-23-81 �I I i Yule- Fr-ohl — 7—o _ Prf dhopbt- Lei A/l �t Fibc� Qedl� Ala,ay Rel f y AU/ Lee 1-4 Sal, f Zee (OLIS�N tI��X/IISlllcoX45) �� //,D -�l� f G.�iJac7'�P �o�oL/Seal l Zol ��fd3l� �07�.3 . Po,lse� Sr-"a,or Publos �t z Cl BIdC. �2ra.,1 fou/eh gSocua,e0- Cof ¢ Dom/ Lee Pou61-&-<, �� 3 es/ CFrs�,41,e CdrlVus�i (w'rlr) �Of B1'l9s. sy L',° - . &f '5 - too, too, 714' too..._ _ .... - i� C�t S ��4 Lot Z hof 3._ __ • Vo 91 ��1t �s• _ 19s1 �ofI — - jiFn�l�De N - Lee Se Car So4flle m' dWas — PouIse$, � 100 too 13 TI �p a - �Ass>sse25 bff��c. CoutiC . •�io�SF M1CRorILMED BY 7 JORM MICRbLA B'" \� CEDAR RAPIDS • DES MOINES