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HomeMy WebLinkAbout1981-12-08 Info PacketCity of Iowa Cit—i MEMORANDUM Date: December 4, 1981 To: City Council From: CipManager Re: Capital Improvement Program: FY83-FY87 I. The proposed Capital Improvement Program for FY83-FY87 is presented in two tables: A. Table 1 provides: 1. A listing by type of project 2. Total cost 3. Cost by fiscal year 4. Cost by type of improvement 5. Funding source 6. Project status a. New b. Included in current FY82-FY86 CIP C. Included in FY82-FY86 CIP - pending list B. Table 2 provides: 1. A summary explanation, where appropriate 2. A priority designation 3. Additional comments II. Project Priorites All projects have been placed in either an A or B priority category. Priority A represents projects which should be scheduled for completion in the year designated, and priority B projects probably will have to be further postponed or abandoned. The criteria for placing projects in Priority A are: A. Guidance from the City Council in its goal setting session on August 31, 1981. MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS OES MOINES L" \ 4' IF B. The necessity to minimize the issuance of general obligations bonds because of an adverse market. Recently AAA bonds (Iowa City's rating) have been selling for rates exceeding 11 percent. C. The ability to identify a source of funding other than general obligation bonds or general operating revenue. An example is the public housing land acquisition with Community Development Block Grant funds. D. The necessity to undertake the project because the existing facility is in an advanced state of deterioration. Examples are the Camp Cardinal Road bridge and the Southwest Interceptor Sewer. E. Projects which have been previously approved and/or committed as part of another project. Examples are the Benton Street- i Riverside Drive intersection, Linn Street improvements, and CBD alley repaving. bdw/sp MICROFILMED BY JORM MICRO_ LAB CEDAR RAPIDS•DES MOINES - v I A 1 �. IIC - HOUSING A COMMUNITY DEVELOPMENT ACT O I I MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 1401NES TOTAL PRIOR TO TABLE 1 AFTER FUNDING INCLUDED IN NEW COST FY83 FY83 FY84 FY85 FY86 FY87 FY87 SOURCE FY81-86 CIP PENDING PROJECT CITY FACILITIES IMPROVEMENTS I - Bus Maintenance Bldg. 155,000 -155,000 OR X 2 - Remodel Police Dept. 100,500 17,500 83,000 OR X 3 - Traffic Eng. - Service OR X Bay Renovation 210 000 210 10,00017.00 0 BRIDGE IMPROVEMENTS 4 - Camp Cardinal Rd Br. 290,000 20,000 270,000 GO X 5 - Dodge St./Ralston Ck. OR X Storm Sewer Repair 11,000 500 10,500 GO X 6 - Iowa Avenue Bridge 960,000 70,000 090,000 OO X 7 - Burlington St. Bridge 1 106 000 78 000 -3;� :660-76-506- 1 028 000 OOO STREET IMPROVEMENTS . 8 - City Share Extra Width Paving -0- -0- 9 - Benton/Riverside Intersection 960,000 960,000 GO A SA X 10 - Governor/Burlington OR A SA X �. Signalization 24,500 24,500 11 - Hwy 6/1airmeadow OR 6 SA X`-' Blvd. Signal. 30,500 30,500 OR X 12 - Foster Road 25,500 25,500 13 - Dub. St. Reconstruction OR X Overlay 300,000 5,000 295,000 14 - Kimball Rd. Curb i OR A SP X Sidewalk Improvements 14,500 14,500 SP X IS - St. Anne Dr. Impr. 100,000 5,000 95,000 16 - Scott Blvd. Paving Improvements 860,000 8,750 511,250 340,000 GO X 17 - Ilwy 1 Improvements 440,000 440,000 OR GO ASA X X 18 - Railroad Crossing Imp. 2,862 107 BOB 00 10.600 107 000 , n2 968,IbO 511,250 340,000 FA - FEDERAL AID GRS - GENERAL REVENUE SHARING GO - GENERAL OBLIGATION BOND SP - SPECIAL ASSESSMENT SA STATE AID RUT - ROAD USE TAX RB - REVENUE BOND OR - OPERATING REVENUE �. IIC - HOUSING A COMMUNITY DEVELOPMENT ACT O I I MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 1401NES I .� MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 1401NES 1. I �- _ _ _ , z - J J - 12 �_ . , ��, \ - - 4'_ TOTAL PRIOR TO AFTER FUNDING INCLUDED IN NEW COST FY83 FY83 FY84 FY85 FY86 FY87 FY87 SOURCE FY82-86 CIP PENDING PROJECT RALSTON CREEK IMPROVEMENTS 19 - N. Br. Detention Struc. 1 344 000 670 000 666 000 GO a COBG % CENTRAL BUSINESS DISTRICT IMP. 20 - Clinton St. Improvements 146,000 18,000 128,000 GO a Univ. X 21 - Linn St. Improvements 275,000 275,000 GO X 22 - Dubuque St. Improvements 165,000 130,000 35,000 GO A Owner Share % 23 - Blackhawk Mini -Park 75,000 75,000 GO % 24 - LBO Alley Protect 187 000 949 06 147 000 277:000 40 000 429 50 18,ODO 128,0011 GO % PARKS 8 RECREATION IMPROVEMENTS 25 - New Swim Pool -City Park 1,000,000 100,000 900,000 GO X 26 - Racquetball/ Handball Courts 175,000 175,000 OR X 27 - Napolean Park - Restroom 8 Maintenance Bldg. 32,500 32,500 AR % 28 - Miller Park 100,750 100,750 OR X 29 - Aber Park60 w 60 750 OR X TRANSIT - 30 - New Transit Garage 2,616,400 10,000 500,000 2,106,400 • OR, GO, a FA X 31 - Accessible Vans 43,520 43,520 FA, SA a OR X 32 - Fleet Expansion/ Replacement 3,488,300 465,000 -0- 366,000 2,657,3DO FA, SA 6 Tran. Res. X MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 1401NES 1. I �- _ _ _ , z - J J - 12 �_ . , ��, \ - - 4'_ V:- i I ' • AFTER FUNDING SOURCE INCLUDED IN FY82-86 CIP PENDING NEW PRDdECT ' TOTAL PRIOR TO FY84 FY05 FYB6 FY87 FY87 ` COST FY83 FY83 . ` OR A Priv. x BIKEWAYS Rocky Shore Drive 123,200 2,000 121.200 83,720 94875 91, 505 OR, Priv. , 8 x 33 - 34 - River Corridor Buffer 331,095 2,000 58,995 FA OR x A Trail System x j 35 - First Avenue Sidewalk 37,000 37,000 OR 36 - East-West Bikeway 27 976 12 345 15 637 111,111 ( POLLUTION CONTROL IMPROVEMENTS FA, SA A GO x 37 Is Wastewater Treatment 10,544,437 28,329,000 15,200,000 5,000,000 FA, SA A GO x Fact I tY 59,073,437 i 38 - U.H. Interceptorx 820,000 420,000 400,000 GO I Sewer 39 - Easterly Extension 55,000 55,000 SP X x (NE Trunk) 40 - Prairie du Chien Rd. 55,000 2,500 52,500 5,500 99,000 GO GO x Trunk 41 - North Corridor Sewer 104,500 182,000 5,000 177,000 GO X x 42 - East Sides Sewer Elion GO 43 - Southwest Interceptor 104,000 4,500 99,500 12 GOO 208.000 Sewer Repair 220 000 44 - Taft Speedway x PUBLIC HOUSING IMPROVEAENTS 75 000 LOBG 45 - public Nousin9 Sites 225,00o ZI "fin 75 000 75 000 AIRPORT 110,000 OR x x 46 - Master Plan Improvements 110,000 - 120,000 120,000 OR 47 - T -Hangars Crack Sealing 20,000 p0,000 OR x 48 - Runway 49 -Parking Lot RepairA 00 20 0 000 • Expansion X20 i i 3i t OO_..,_.._._._.. _ i MICROFILMED BY IJORM MICROLAB CEDAR RAPIDS -DES MOINES I T„_ _I MICROFILMED BY `JORM MICROLAB CEDAR RAPIDS -DES 140INES AFTER FUNDING INCLUDED IN NEW TOTAL PRIOR TO FY85 FY86 FY87 FY87 SOURCE FY82-86 CIP PENDING PROJECT COST FY83 FY83 FY84 WATER IMPROVE14ENTS 50 - Water Plant Solids 75,000 1.,038,200 RB x Disposal 1,113,200 51 -East Side Water68 RB x Storage Tank 78?�� � 19�� 11 79,118,628 12,568,937 5,046,565 31,245,881 19,329,145 10,533,720 302,875 91,505 GRAND TOTALS MICROFILMED BY `JORM MICROLAB CEDAR RAPIDS -DES 140INES F Table 2 EXPLANATORY SUMMARY - CIP REQUESTS FY83-FY87 PROJECT TITLE & EXPLANATION PRIORITY 1. BUS MAINTENANCE BUILDING B Will centralize maintenance and provide for additional inside storage. This is a short-term solution. Comment: See item 30 below. 2. REMODELING OF POLICE DEPARTMENT B Ceilings, lights and other fixtures need repair including the pistol range. Comment: Alternative would be to reduce cost of project and gradually make repairs on a yearly basis. 3. TRAFFIC ENGINEERING SERVICE BAY RENOVATION B Remodel old equipment service bays for Traffic Engineering shops and office. 4. CAMP CARDINAL ROAD BRIDGE A Replace existing bridge on Camp Cardinal Road over Clear. Creek. Comment: Bridge was temporarily repaired several years ago as a last resort before reconstruction. 5. DODGE STREET -RALSTON CREEK STORM SEWER REPAIR A Storm sewer has settled causing erosion under the bridge abutment. 6. IOWA AVENUE BRIDGE REHABILITATION A Rehabilitation of bridge at this time will reduce future expenditures. 7. BURLINGTON STREET BRIDGE (EASTBOUND) REHABILITATION A Rehabilitation of bridge at this time will reduce future expenditures. 8. EXTRA WIDTH PAVING Comment: DELETED. Council may wish to consider funding specific areas in order to match existing overwidth paving. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES L" W5 -.7 2 PROJECT TITLE & EXPLANATION PRIORITY 9. BENTON STREET/RIVERSIDE DRIVE INTERSECTION A Realignment/turning lanes and resignalization. Comment: Previously committed. State and City joint project 10. GOVERNOR/BURLINGTON SIGNALIZATION g Meets requirements for signal. Comment: Joint State and City project. 11. HIGHWAY 6/FAIRMEADOWS BOULEVARD SIGNALIZATION B Meets requirements for signal. 12. FOSTER ROAD B Right-of-way for Foster Road between Dubuque Street and Prairie du Chien Road. 13. DUBUQUE STREET PAVING & CURB RECONSTRUCTION WITH A i ASPHALT OVERLAY Comment: Existing overlay will be removed. If this is funded in FY83 it will replace the usual j asphalt overlay program. In addition, similar reconstruction of Burlington Street between Gilbert and Summit will probably have to be done in FY84. 14. KIMBALL ROAD SIDEWALK & CURB IMPROVEMENTS A Installing curb and replacing sidewalks along east side from Kimball Avenue to Whiting Avenue. No existing curb and the sidewalk is deteriorated. Could be done with special equipment. 15. ST. ANNE'S DRIVE PAVING A From Prairie du Chien to Foster Road. The major land owner does not object to funding this project by special assessment. 16. SCOTT BOULEVARD PAVING B From Court Street to Rochester. 17. HIGHWAY 1 IMPROVEMENTS A Storm sewer and relocation of utilities Comment: Previously committed. Joint State & City project MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES My 3 PRIORITY PROJECT TITLE & EXPLANATION 18. RAILROAD CROSSING IMPROVEMENT B Rubberized railroad crossing at First Avenue. Comment: State will pay 1/3. lg. NORTH BRANCH DETENTION STRUCTURE A Comment: Previously committed. 20. CLINTON STREET IMPROVEMENTS B Replace and repair sidewalk and curbs, resurface street, and install new light -fixtures. A 21. LINN STREET IMPROVEMENTS New paving and sidewalk, repair of sanitary and signals. Comment: Previously committed as part of library project and redevelopment of Block 64. 22. DUBUQUE STREET IMPROVEMENTS B Asphalt overlay, curb, vault and sidewalk repair, i amenities. Because of the condition of the sidewalk in this block, if City funding is not available, the property owners should be required 1 to replace the sidewalk. 23. BLACKHAWK MINIPARK REHABILITATION B Replace and repair, as required to make temporary park a permanent facility. 24. CENTRAL BUSINESS DISTRICT ALLEY PROJECT A Complete project with paving of alley in Block 62. B 25. NEW SWIMMING POOL - CITY PARK The existing pool is 33 years old, normal life is 25-30 years. 26. RACQUETBALL/HANDBALL COURTS - RECREATION CENTER B Identified by survey as most needed indoor facility. Will provide for four additional courts. 27. NAPOLEON PARK - RESTROOMS & MAINTENANCE BUILDING B With increased use facility is necessary. MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES 4' S"_ 0 PROJECT TITLE & EXPLANATION PRIORITY 28. MILLER PARK - NEW - 8 ACRES B Comment: Should be considered in conjunction with establishment of park acquisition program and funding policy. 29. ABER PARK - NEW - 10 ACRES B End of Aber Avenue. Comment: Should be considered in conjunction with establishment of park acquisition program and funding policy. 30. NEW TRANSIT GARAGE B Adequate maintenance, storage and office facility for transit systems. Comment: Even if 80% Federal funding is available, over $500,000 in local funding is required. 31. ACCESSIBLE VANS A Acquisition of wheelchair vans to comply with Federal requirements. 32. FLEET EXPANSION/REPLACEMENT A Provides for scheduled replacements. 33. ROCKY SHORE DRIVE BIKEWAY B Connecting link between City Park and Finkbine. 34. RIVER CORRIDOR BUFFER & TRAIL SYSTEM B Continuous pedestrian and bicycle trail along Iowa River and 100 foot buffer. 35. FIRST AVENUE SIDEWALK - BIKEWAY IMPROVEMENTS B Combination 8 foot sidewalk -bikeway on east side of First Avenue from Bradford Drive to Muscatine Avenue. 36. EAST -WEST BIKEWAY CORRIDOR B Includes signing, sidewalk improvements, curb cuts, bikerack modifications, etc. to establish east -west corridor. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I40INES 3'^ 5 PROJECT TITLE & EXPLANATION PRIORITY 37. WASTEWATER TREATMENT FACILITY A New plant, completion of southeast interceptor sewer, outfall relief system and certain system rehabilitation. Comment: Predicated upon 75% Federal funding 38. UNIVERSITY HEIGHTS INTERCEPTOR SEWER A 4000 feet of 8 to 36 inch sewer - from Benton Street -Iowa River area to Greenwood Drive to Rock Island Railroad via Benton Street. Comment: Should be completed before reconstruction of Benton -Riverside intersection. 39. NORTHEAST TRUNK SEWER - EASTERLY EXTENSION A 1600 feet of 21 inch sewer - area of Hickory Hill Park and North Branch detention structure. Comment: Necessary for development east of Hickory Hill Park and north of Rochester Avenue - will be constructed in conjunction with North Branch Detention Structure. 40. PRAIRIE OU CHIEN TRUNK SEWER EXTENSION B 1500 feet of 8-12 inch sewer for future development east of Prairie du Chien and north of Dodge Street and will eliminate defective. septic tanks in area. Priority could be revised when sewer is installed adjacent to subdivision and could be constructed with special assessment financing. 41. NORTH CORRIDOR SEWER B Extension of 24 inch sewer 1800 feet northeast from Dubuque and Taft Speedway to provide sewer capacity for future development. 42. EAST SIDE TRUNK SEWER ELIMINATION A Construction of 8 inch sewer adjacent to Madison Street to replace portions of deteriorated east side trunk sewer. This portion of the system was not eligible for federal assistance when the new River Corridor sewer was constructed. Comment: In poor condition, requires replacement. MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES MOINES /Y/F 6 PROJECT TITLE & EXPLANATION PRIORITY 43. SOUTHWEST INTERECEPTOR SEWER REPLACEMENT A 1700 feet of interceptor sewer replacement along Mormon Trek Blvd. Comment: This sewer was constructed with a capacity to service Coralville. Because of limited use the line has deteriorated. If not replaced it could collapse. 44. TAFT SPEEDWAY SANITARY SEWER EXTENSION B 2400 feet of 30 inch sewer from the end of the river corridor sewer west along Taft Speedway. Comment: Necessary for future development west of Dubuque Street and north of the Iowa River. 45. PUBLIC HOUSING LAND ACQUISITION A Subsidize land costs to make additional public housing units financially possible. 46. AIRPORT MASTER PLAN IMPROVEMENTS B Comment: Total cost is $1.1 million. City's { share would be 10%. 47. T -HANGARS B Ten additional units. 48. RUNWAY CRACK SEALING A Continuing deterioration increases long-term costs. 49. PARKING LOT REPAIR & EXPANSION B 50. WATER PLANT SOLIDS DISPOSAL B Will discharge aluminum sludge to sanitary sewer. Comment: Could become an "A" priority based upon Federal and State requirements. 51. EAST SIDE WATER STORAGE TANK A 2,000,000 gallon water tank on the north side of Rochester Avenue at Post Road. Comment: Provide necessary water pressure for east side. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES I City of Iowa Cite MEMORANDUM DATE: December 1, 1981 TO: City Council FROM: David Perret Ibuo RE: Change of Address I I I V —City of Iowa Citx MEMORANDUM Date: December 2, 1981 To: City Council -From: Dale Helling, Assistant City Manager Re: Meeting with Area Legislators Attached please find materials which you requested at your November 23, 1981, informal session. These materials include: 1. A copy of the LIM 1980-81 legislative policies and accompanying resolutions which were approved by the league membership at the September, 1981, League convention as a representative policy for the second session of the current General Assembly. 2. A copy of a letter from Mayor Balmer which was sent to our'area legislators last April and which outlines various issues which the City supported or opposed at that time. 3. A copy of an article from the July, 1981, issue of IOWA MUNICIPALITIES which summarizes legislation which was passed and is of interest to cities. This information should be helpful to you in reviewing the City"s stated position on various issues during the last legislative session. Based on your input regarding the attached materials, I will work with members of your Legislative Committee to formulate an agenda for the upcoming meeting with our area legislators which is scheduled for 8:30 AM on Tuesday, December 15, 1981, at the Highlander. This matter will be scheduled for discussion at your informal meeting on December 7, 1981. tp3/1 cc: City Manager MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES M 4' League '80='81 legislative policies The League of Iowa Municipalities presents this statement of policy as an expression of the needs of the more than two million Iowans living in municipalities. This statement of legislative policy represents the philosophy of efficient and cost-effective local government in which citizens and public officials share the concern of providing necessary public services at a reasonable cost. 1. FAIR PLAY. The legislature should enact legislation requiring state reimbursement for costs of implementing state mandates imposed on cities by state statutes or administrative rules. 2. HOME RULE. The legislature must resist infringing upon the right of self-determination granted to residents of Iowa cities by the constitution and home rule law. 3. 4. TAXATION. The legislature should promote strong local government with sound taxation policies that allow cities to determine the most efficient means of providing the services demanded by the public by: a. insuring that city programs and services receive an equitable proportion of the state revenues generated from cities. b. enabling cities to utilize local option taxes. c. examining the propriety of all present property tax exemptions. d. developing a uniform property tax assessment system that is easily understood and administered. Such a system should make assessments equitable within and among property classes as well as jurisdictions. LAND USE. The legislature should recognize the public need for meaningful land use policies by making certain that present and future state laws encourage wise land use decisions and provide cities and counties with the neces- sary authority to implement efficient land use controls. 5. LIABILITY. The legislature should protect taxpayers' investment in governmental facilities and personnel by correcting municipal liability laws. Such corrections could take the form of either limiting the amount of awards or extending the same exemptions on discretionary functions and punitive damages that the state enjoys, the same immunity on inspections that insurance companies enjoy, and revising a municipality's duties to defend and indemnify its officers and employees. 6. LAW ENFORCEMENT. The legislature should promote effective local law enforcement by: a. funding the local cost of training Iowa law enforce- ment officers. b. evaluating the local cost/benefit relationship of utiliz- ing the unified law enforcement act. c, enacting more stringent moped licensing provisions. 7. ROAD USE TAX. The legislature should make certain the road use tax fund is funded in a manner that will maintain our road system through the imposition of an ad volarem tax on all fuels, elimination of the gasohol exemption, creation of new revenue sources, transfer of funds from the state's general fund, or any other appropriate means. g. BETTER GOVERNMENT. The legislature should create and adequately fund an Iowa Advisory Commission on Intergovernmental Relations. Such a commission would encourage more efficient government and more equitable taxation through legislative and administrative recommen- dations based on analysis of specific problems in the complex interrelationships among governmental units. 9. EQUAL RIGHTS. The legislature should guarantee equal rights under the law to all Iowa citizens. to. COLLECTIVE BARGAINING. While the Public Employ- ment Relations Act has proved effective in resolving collective bargaining disputes, elements of the law specifu- cally mandating final binding arbitration must be viewed as an erosion of local fiscal and administrative responsibility. Alternatives to this method of dispute settlement should be investigated and, if appropriate, adopted into law. 11. TRANSIT ASSISTANCE. The legislature should encour. age transit programs by funding state transit assistance in a manner that allows for inflation and system growth while providing a dependable allocation formula that allows local budget decisions to be made in an informed manner. /Sao MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES IF A ESTABLISHING A STATE ACIR WHEREAS modern problems such as urbanization, technological change and economic uncertainty demand modern approaches to develop workable solutions, and WHEREAS such problems are not confined to single geographic bases or administrative structures, nor are they necessarily confined exclusively to the governmental body with the appropriate fiscal capacity or authority, and WHEREAS today's problems are causing most public officials to become more sensitive to the intergovernmental nature of such problems, and WHEREAS the creation of a state advisory commission on intergovern- mental relations could ensure that coordination rather than conflict will characterize state -local relationships, and { WHEREAS a state advisory commission on intergovernmental relations could produce authoritative studies of intergovernmental problems that would provide needed solutions that are politically viable: Therefore be it RESOLVED that the Iowa General Assembly create and adequately fund an advisory commission on intergovernmental relations. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140INES MR MUNICIPAL TORT LIABILITY WHEREAS correcting municipal liability laws to contain similar provisions to those governing state government would remove a portion of the financial burden from Iowa cities; and WHEREAS SF 474 includes provisions that: I. would exempt local government from punitive damages, 2. would exempt local government officials from liability or discretionary matters, S. would exempt local government from responsibility for privately - controlled property that is inspected publicly, 4. clearly defines responsibility on employee indemnification; and iWHEREAS the corrections contained in SF 474 protect the taxpayers' investment in local government facilities and personnel by reducing the financial burden that is presently placed on local government: Therefore be it RESOLVED that the Iowa General Assembly enact SF 474 to make state and local liability laws similar. i MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS•DES MOINES 1"_ SNOW AND ICE REMOVAL FROM SIDEWALKS WHEREAS the Iowa Supreme Court has held that a city may be held legally responsible for the removal of snow and ice from sidewalks; and WHEREAS conscientious property owners presently remove snow and ice accumulations from abutting sidewalks; and WHEREAS holding the city legally responsible for snow and ice removal creates an inequitable situation for the vast majority of conscientious property owners whose property taxes must be used to insure the city against losses caused by those who will not remove snow and ice from the abutting sidewalk; and WHEREAS the standing court decision creates an unfair economic burden on a city which must either employ a large number of workers at unpredictable intervals to remove snow and ice from sidewalks or 1 i purchase costly insurance to protect the city against litigation: Therefore be it RESOLVED that the Iowa General Assembly enact HF 764 to specifi- cally identify the property owners' duty to remove snow and ice accumu- lations from sidewalks. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES /gab LOCAL OPTION TAXES WHEREAS local government in Iowa cannot function effectively without the authority to respond to local initiatives; and WHEREAS the authority to respond to local initiatives must include the means to carry out local priorities; and WHEREAS the means for local government to respond to citizens is maintaining the integrity of home rule and securing.financial resources to carry out the will of a majority of the people; and WHEREAS the financial assistance from the federal government is declining at the same time program implementation and responsibility are increasing, and WHEREAS the financial resources of city government are no longer enough to insure local government's ability to maintain present service levels let alone implement any new initiatives demanded by the community; and WHEREAS nearly 40% of the cities are unable to levy more property tax due to legislatively -imposed tax limitations and tax base erosions; and WHEREAS additional revenue must be made available to local govern- ments to keep pace with inflation and maintain existing programs: Therefore be it RESOLVED that the legislature authorize several local option taxes to allow city government and citizens a choice as to which type of tax best meets local needs. INo MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140INES KY 6 i . t STATE GASOLINE TAX REFUNDS WHEREAS state law governing gasoline tax collections and refunds regarding political subdivisions is an inefficient and costly way of administering this tax: Therefore be it RESOLVED that the Iowa General Assembly correct state law by following the same procedure on exempting state gasoline taxes paid by political subdivisions as is followed by the federal government. MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES CITY CIVIL SERVICE WHEREAS the citizens' aide office has issued a critical report pertaining to the manner in which the provisions of city civil service are presently applied; and WHEREAS city civil service law which has not been significantly revised since 1937 has not been modified to accommodate such signifi- cant legislation as the city home rule act or the public collective bargaining act; and WHEREAS city civil service law affects 40 Iowa cities containing nearly 1.3 million people: Therefore be it RESOLVED that the Iowa General Assembly enact SF 354 to bring Iowa law into compliance with the spirit of the constitutional amendment on home rule. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS-DES :40INES 18070 -.7, OF IOWA CITY CITY r r ' 240 319 3.�-5CX�0 CNIC CENTER 410 F. WASIjINGI0N ST. IOWA CIIY..�WA 52 I April 14, 1981 The Honorable Arthur Small State Senator (37th District) State House Des Moines, Iowa 50319 Dear Senator Small: The legislative committee oosittlionCity on various of Iowa issues Cand wishes specific communicate the City's p by the Iowa proposed legislation currently being'opotsidered included under Legislature. Concerns of highest priority are numbers one and two below. I. The City supports: a. Expansion of local option taxing authority to include local sales tax. The sales tax provision should be included in SF 544 and we urge passage of that legislation. b. Maintenance of Municipal Assistance allocations at the current level. i C. Measures which ease the provisions for compliance with Chapter 28A, open Meetings Law. We specifically urge passage of SF 438 (HF 307 companion bill) which makes all applications for public employment confidential and further allows a City Council or other public body to go into closed session of a thepurpose of discussing the appointment or hiring public d. Legislation which limits clearly the exposure ee f cities to tort liability claims. Specifically, 9 passage of SF 474 clarifying which liabilities cities tdefense, may incur rl regarding inspections, punitivedefea of SF indemnification of employees. We also urge passage 374 which clarifies the duties of a City and those of private property owners regarding snow removal responsibilities. /Sao MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -UES MOINES April 14, 1981 Page 2 e. HF 781 and subsequent amendments which delegate to local governments final authority for the control of liquor license issue within that governmental subdivision. 2. The City opposes: a. Legislation which will further reduce or limit local taxing authority. An example of such legislation is HF 511 which would limit total property tax levy to a maximum of 1% of actual value of said property. Another example is SSB291 for counties which impose a dollar tax increase limit. b. ,Adoption of any spending limitations on local governments, especially those based upon set percentage figures. C. Any legislation which mandates additional costs to local governments without providing a source of revenue for offsetting those costs. 3. The City takes the following positions relative to specific pieces of proposed legislation. We consider these to be important but of a lower priority than the above. a. Supports SF 445 which provides for an increase in gasoline and diesel fuel taxes. Such legislation would be of significant value in offsetting recent drastic reductions in the amount of Road Use Tax returned to cities. b. Supports HF 455 which would establish a Housing Court within the district court for the purpose of hearing landlord -tenant disputes and actions arising under the Housing laws. C. Supports HF 290 which provides for a mandated maximum sentence for Assault for any person who is convicted of assaulting a peace officer. d. Supports SF 13 (HF 454 companion bill) which removes the ceiling on investment of public funds. e. Supports SF 354, a substantial rewrite of the current civil service law. 18ao MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOVIES 4' April 14, 1981 Mage 3 f. Supports HF 757 which provides that easements obtained by cities for public utilities prior to January 1, 1950, give continued easement rights for repair and maintenance of said utilities. g. Supports HF 275 which would allow City Department Heads to opt out of the state IPERS program in favor of other existing retirement programs. h. Supports SF 262 which revises the statute which requires a soil erosion control plan approved by the soil district commissioners for a land disturbing activity in a political subdivision requiring a building or zoning authority. This revision provides that an affidavit be filed with the permit -issuing authority stating that the project will not exceed the soil loss limits instead of the ifiling of the soil erosion control plan. i. We oppose SF 482 which requires cities to reimburse billboard companies the full value of billboards taken by zoning or other City authority. j. We oppose SF 225 which would reduce from 10% to 5% the amount of . retainage now allowed to be withheld on construction projects. k. We oppose HF 797 (SF 476 companion bill) which mandates extension of the duration of a civil service promotional list from two years to three years. Such legislation would force a stronger emphasis on seniority and would very conceivably undercut affirmative action efforts toward promotions. We oppose SF 311 which would redefine the scope of collective bargaining by adopting the NLRB standard specifying wages, hours, and other terms of employment as mandated bargaining topics. We much prefer that bargainable items continue to be more clearly specified as now provided in Chapter 20. M. We oppose HF 102 which would allow the Governor to remove the director of the Civil Rights Commission and which would mandate that a complainant post a bond at the time. a /ULD MICROFILMED BY `JORM MICROLAB CEDAR RAPIDS -DES MOINES 4- April 14, 1981 Page 4 complaint is filed with the Civil Rights Commission which would be forfeited if the complaint were dismissed. It is quite clear that if such a complaint is sufficiently frivolous or malicious, a respondent has adequate civil remedies. This legislation would serve to place an undue financial burden on a person who believes his/her rights have been violated and who wishes to pursue available remedies. n. We oppose SF 483 which deletes the restrictions on outside earnings of disability retirees under police and fire retirement systems. If you wish further input or clarification of the City's position on these or any other issues, please do not hesitate to contact committee members Mary Neuhauser, David Perret, or me either personally or through the City Manager's office. Sincerely yours, John R. Balmer Mayor cc: City Council Same letter mailed to Representatives Jean Lloyd -Jones and Minnette Doderer. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES X0-10 001 Summarized here are bills of interest to cities that passed the Fust Regular Session, 69th General Assembly. The newlaws took effect July 1, 1981 unless otherwise stated. For copies of bills write or calf the Secretary of the Senate, Statehouse, Des Moines, 50319; phone: 515.281.5307. Or Chief Rork of the House of Representatives, some address; phone: 515.281.5381. Or contact the League office. For information about some of the bills that didn't pass, refer to the June, 1981 Iowa MunicipaliJes, page 4. Any bill that did not receive final approval this year is still alive next year, I� Senate oa.reoaj Files SF 13—PUBLIC INVESTMENTS AND I NTER. EST RATES: Senate File 13 amondschaptar453 to require that only a minimum Interest ratewill be determined by the state commits.. that presently sets the maximum and minimum at. of interest for public funds. Public deposinwill no longer need to be evidenced by a passbook entry by a depository, but public funds must be Invested on the same or better toms as they are offered to the depositories, The bill also requires that public funds Mat will be Invested more than 15 days be proffered; present law offers nlnery days before Public funds must be proffered. SF 48 — MUNICIPAL UTILITY JOINT FINAN• CING: Allows public agencies to Jointly finance electric power facilities under a Joint financing agreement However, a city shell notloin such an entity unix,. it owned and operated a municipal electric utility as of July 1, 1981 or a majority of a city's voters he.. approved of the City Joining such anon t1ty. SF 87 — HANDICAPPED PARKING: Allows state building commissioner to obtain Injunctive relief for violations of Chapter 104A. Amends Chapter 104A to require minimum handicapped parkingspace stendardswhlch Include: a. Effective January 1, 1982 non-residential public and private buildings and facilities which provide forty-eight or more parking spaces, must designate six-temh, of one per cant of Ms cones as handicapped parking spaces. Such building, or facilities must provide at leas one such space. It. Effective January 1, 1982 residential public and privala building, and facilities which Provide twelve or more parking spaces must Provide at least one handicapped parking space for each Individual dwelling unit in which a handicapped person resides. One handicapped Parking space must be provided. These require, Tants do not apply to condominium, or extended health care lecllltle,• Trisect requires achy, to sat aside at least six. tenths of one per cent of the metered on -street and off-street parking spaces as handicapped parking spaces. The city shell Provide handi. capped parking space signs t cost, upon request, to persons roquirod by this Act to provide handicapped parking spacer• The use of e handicapped parking space by an unauthorized New laws of interest ut� � PJJ^Itga� f to ash{! IN cities SF 320P SF 4927 FP OSSLfS.•�, r'. , SF 324 CD PS SF 506 CD SF 87 CO PS T SF 384 GG SF 507 CD SF 130 GG I By David H. Long SF 225 CD F Y SR 420 GG EE T SF 648 A F SF 235 PS Director of Intergovernmental Relations BILLS THAT PASSED—SUBJECiiNDEX A — Appropriations CO —Community development EE — Energy & environment F — F Inance GG — General Government vehicle is a misdemeanor. The fine for such-. violation h S15 and the city will recelve 90% of the fine money. Handicapped parking spaces and accessible load - Ing zones that serve a particular building shall be located on the shortest eceessible route to an entrance to the building. Except metered on. street handicapped parking spaces, all hsndi. capped perking spaces shall bear least 144 Inches wide, or It two such spaces are adjacent to each other, 120 Inches wide with a walkway between that is at least 48 Inches wide. Cities may grant a variance to these space and location require. ments. SF 130 — COUNTY HOME RULE: Recodllles many of the $tate laws affecting county govern. ment to comply with constitutional provisions authorizing home rule for county government. SF 225 — RETAINAGE: Amend, provisions governing proportion of city ratalnage totaling to special assessment Projects and public Improve- ments In general. Amounts due contractors shall be pald in accordance with the terms of the contract. Contractors will be due 95% of the amount determined by the project engineer or architect's monthly estimate of tabor performed and material Mdlv.red under contract for the construction of public Improvements. Upon work completion and acceptance with all re, quired materiel$, certifications, and other docu. mentatlon. submitted, the contractor shall be Paid within 70 day,. Otherwise Interest accrues to tha benef It of tha contractor, at a rete In effect under Chapter 453.6, commencing on the 3111 day alter work completion, acceptance end other requlremants.wIffactorily having been met. Afore Senate Files, next page MICROFILMED BY JORM MICROLAB CEDAR RAPIDS - DES MOINES HOUSE FILES SENATE FILES HF 731 PS SF 13F SF 320P SF 4927 FP SF 48 GO SF 324 CD PS SF 506 CD SF 87 CO PS T SF 384 GG SF 507 CD SF 130 GG SF 408 GG SF 529 GG SF 225 CD F Y SR 420 GG EE T SF 648 A F SF 235 PS SF 440 CD GG SF 551 Co SF 262 CD SF 456 T GG SF 553 A EE SF 292 F SF 485 EE SF 554 A SF 299 F SF 489 LA SF 657 PS P SF 563 GG F A — Appropriations CO —Community development EE — Energy & environment F — F Inance GG — General Government vehicle is a misdemeanor. The fine for such-. violation h S15 and the city will recelve 90% of the fine money. Handicapped parking spaces and accessible load - Ing zones that serve a particular building shall be located on the shortest eceessible route to an entrance to the building. Except metered on. street handicapped parking spaces, all hsndi. capped perking spaces shall bear least 144 Inches wide, or It two such spaces are adjacent to each other, 120 Inches wide with a walkway between that is at least 48 Inches wide. Cities may grant a variance to these space and location require. ments. SF 130 — COUNTY HOME RULE: Recodllles many of the $tate laws affecting county govern. ment to comply with constitutional provisions authorizing home rule for county government. SF 225 — RETAINAGE: Amend, provisions governing proportion of city ratalnage totaling to special assessment Projects and public Improve- ments In general. Amounts due contractors shall be pald in accordance with the terms of the contract. Contractors will be due 95% of the amount determined by the project engineer or architect's monthly estimate of tabor performed and material Mdlv.red under contract for the construction of public Improvements. Upon work completion and acceptance with all re, quired materiel$, certifications, and other docu. mentatlon. submitted, the contractor shall be Paid within 70 day,. Otherwise Interest accrues to tha benef It of tha contractor, at a rete In effect under Chapter 453.6, commencing on the 3111 day alter work completion, acceptance end other requlremants.wIffactorily having been met. Afore Senate Files, next page MICROFILMED BY JORM MICROLAB CEDAR RAPIDS - DES MOINES HOUSE FILES HF 143 GG HF 731 PS HF 304 CO EE HF 751 PS GG HF 371 PS GG HF 757 LA T F HF 462 GGF HF 766 qE GG HF 467 PS CD HF 771 GG HF 472 TX HF 787 LA HF 643 GGP HF 789IsF HF 726 GG HF 850 A T F HF 728 T PS HF 872 PS LA — Legalizing acts P — Personnel PS — Public story TX — Taxes T — Transportation Handicapped parking In light or the passage of Senate File 87, cities will be required to provide handicapped parking signs at cost, upon request, to persons required by this Act to provide handicapped parking spaces. Because of this new law which goes into effect January 1, 1982, the new style of hand. icapped parking signs will be stocked in sign warehouses around Iowa. One source from which the new style of parking sign is avail. able is Iowa State Industries in Anambra. The new sign size is 12"x 18 "and the upper part of the sign Is the wheelchair symbol with the message: "Handicapped Parking / State Per. mit Required." The prices for these signs will be S5.50 each for steel, and $6.00 each for aluminum. Iowa Slate Industries will also furnish posts, rust proof bolts, nuts and washers at SAS each. Package prices for each sign, which will Include the'post and hardware, will be $11.30 each for the steel and S 11.80 each for the aluminum. For customers who ate presently using the old style of nandic3pped sign with the wheel. chair symbol, there is also an auxiliary sign available that sells for S2.50. This sign is 12' x 6 "and says "State Permit Required." Iowa State Industries can be reached at Box R, Anamosa, Ia., ph: 319/462.3547 or you may order the signs through your present sign dealer. IOWA MUNICIPALITIES, July, 1981 Igow Senate Filey, continued SF 235 — RADAR JAMMING DEVICE: .does I radar lamming device antl make, It illegal to sell, operate 61 Pp,ass such • device. Fine for viola- tion is S10 and Posslbl. forfeiture of the device. SF 202 — REVISION OF LAND DISTURBING ACTIVITIES REGULATION: Revhes code pro• vltlons that lormerly forbad building or zoning Permits from being Issued until a 9011 erosion control plan, approved by the soil conservation district cornmiWonerC wet on Isle. The act amends the dctlnilloi,'ot land disturbing activl. ties 10 -.elude areal of less than 25.000 sq. It. unless a local Ordinance specifically contains contrary Provisions. Political subdivision% that have adopted sediment control ordinances which both soil conservation district commission.,% and city or county officials agree areas olluctive as the eornmlssion.rs' rules In preventing erosion hum u.ceading soil lou limits, shall ...cute a 28E agreement allowing an authorized agency of the political subdivision to resolve and file an ullidavh from the person, prior to Initiating a land disturbing activity. The affidavit will state that the proposed actio- ity will not e.cesd the established Boll loss limits. I t will be In a form prescribed by the Department Of Soil Conservation, and must be signed by the Person Initiating a land disturbing activity. A COPY Of the allidavlt mall be mailed to the soil district commisuoneri office as part of the farms of the ayamnunt. if a political subdivision does not have a sudlnlent control ordlnance that has b.vn determined by joint agreement to be as u llec tiva as the toll district commissioners' rules, the affidavit mall be filed with the soil contervs. lion district commission. Efluctive4/11/81. SF 292 — FINANCIAL OFFICERS' DUTIES: Rapeol, Chapwr 453.13 which requires it,. ue.,vuml ter dedgnatW Ilnaneial ollleer to wuniil all invavunen t report to the $tau auditor. I t abs mnluvu. the duty al treasurers or financial ulllcros 10 keep on Isle with the county treasurer a list of depositories. SF 299 — COMMITTEE ESTABLISHING IN- TEREST RATES ON PUBLIC DEPOSITS: Changes the composi tion of the state committee ussauli.hing Interest rate, to Include the state uutwres. Rate auditor. and superintandunt of bankiny. It elsu exempt% thu committee from billowing thu administrative rule% procedures coO,aln.d In Chapter 17A. SF 320 — AUDIO METRIC EXAMINATIO,�a: Pravltles That autllommlc e.aminatlonf es .peel• tied in Chapter 850 Panelling to OCCupellonal hearing loss compensation may be Place by persons certified by the Council of Accreditation In occupational hearingconfarvation. SF 324 —SMOKE DETECTORS: Now mut tlple unit residential buildings with lour or more units on which eonetruetlon hesbegun on or after July 1, 1981, shall Include at least one .,ticks detector. The Rate fire marshal mall Initially and may annually Inspect smoke detectors Installed due to the provisions of SF 324. Tha nate fire marmot may contract with any political subdiel. Sion, without lee• for the performance of the Inspection and notification rasponsiblll tics. SF 384 — ELECTION LAW CHANGES: Revlsus several election law' Including tine manner of fillings vacancy In a city elective office. ThecltV council may choose to 1111 a vacancy In one of two way,: 1) by appointment until the next Pending election or 21 by a special election for the remainder of the term. It the remaining members of the council do not constitute a quorum, a special election must be hold. Ap. POIdtmenlS must be made within forty days of a vacancy and a public notice of the councils In tent to fill the vacancy by appointment must be published. It fourteen days triter the council's notice, a petition containing signatures that constitute 2 ,R cent of thaw eligible tef vote is filed with the city Clerk, a spacial election must be held. SF 408 —PASTEURIZED MILK ORDINANCE: Updates statutory milk Inspection regulations to conform to the. 1978 federal Pasteurized milk mdinanCes rather than present 1965 statutory Provisions. This change will allow Interstate ship. ment of Iowa milk products. SF 420 — HAZARDOUS WASTE FACILITIES: Provides a Procedure for 1111110 facilities used exclusively for the treatment, storage, ordlsposal of hazardous wastes. Such a facility must leu licensed by the Iowa Depar,men, of Environ. '"Intal Quality alter appropriate notice, hearing and appllcatlon. A license 1, Issued alter a majority vote of approval by the Environmental Quality Commbilon, which on the matter of a hazardous waste siting Is composed of the 9 regular members• two temporary members Sol". ted by the city closer to the proposed sit., and two temporary members selected by the county containing the site. The failure of a Proposed facility to meet toning regulations and most other license and Penni, requirements from state, city or county government, will not necessarily Preclude the Issuance of the license. Municipalities are not liable for damage connec• ted with such a facility's construction, main• tenance, or operuilon. SF 440 — RAILROAD ASSISTANCE FUNDS: A.Ihorlae, city ,o appropriate funds from the general fund to the Rata $ railroad assistance fund with approval from the Iowa Department of Transportation. SF 456 — JURISDICTIONAL TRANSFER OF HIGHWAYS AND STREETS: Senate File 456 Provides that jurisdictional tram Uer%of highways and streets executed after April 1, 1981 are not binding unless both parties agree to the transfer. Thu bill also requires the Iowa Department of Tran,Portation to conduct two studioR 1) t0 determine the size of the Primary road system, and, 2) in conjunction with county boards of supervb,a, to determine ,M Site of the Bacon• dary road system. Effective on publication. SF 485 — HAZARDOUS WASTE MANAGE- MENT: Brings Iowa Code Intuconlormanco with federal regulations on hazardous waste manage• ment practices, Includes Prohibited acts and the penalties for violations. SF 489 — LEGALIZING ACT: All proceedings Prior to January 1, 1961 Intended to aeublish or organizes a city w11.1 works are legalized, validated, and confirmed. SF 492 — MASS TRANSIT: Allow$ urban transit companies to Schedule drivers m split shifts to long of the driver ,.calve, at least one ulf.du ty pour bvtweim Chills. Urban bunsit system% contracting 11 vans,,,, children to and from school will no longer bu requlrud to but, vehicles with flashing warning lights and stop arms. However, it the vehicle provided by the tramp system Is m equipped• the equipment must ba used. Include, Interstate operations In the definition of an Iowa urban transit system. The bill Provides, that a transit ,,,.m may operate between Its $arvice area antl another city within Ian miles wlthou I biting ruqulmd to obtain a certificate of public convunianco and necessity. Effective 5/22/81. Afore Scnate 1.71cs 'Senate Files, continued — SF 506 — INDUSTRIAL REVENUE BONDS: Allows industrial avenue bonds lobe Issued loo Ina ssnharV disposal or recycling of solid waste: a Iulenh one company; a commercial amusement or ib„nm park; or an office building Occupied exclu- sivafy by prolealonal health care providers. E4 lesiva 6/11/81. SF 507 — PLEDGE ORDERS: Allows titles to Issue Plunge aide,, untie, Chaptes 384.02 to rehmd revenue bonds, pledge orders, and other ubdg„lfons. Effective 5/8/81. SF 529 — MATERIAL DONATED TO A PUBLIC LIBRARY: Provides that material Cm'tributud by n privato person, to thee. tont of any lintitatlon that Is a condition of the cpnuibution• it clas%iliud as a confidential recpnl. and $14,850,000 In FY 1983. In both years, $10,800 of the municipal assistance approprla. tions 1, earmarked to support the operation of the City Finance Committee. Municipal sills. Lance will amount to approximately $6.42 per Capita In FY 1982 and $6.731. FY 1983. SF 551 — PRIVATE BOND SALES: Allows revenue bonds,when the principal Is Sl5million at more, 10 be told at prleate sole without public advurtisernent or taking of bids 11 the governing body finds It to be In the ban Interest of the public. Effective on publication. SF 553 —SEWAGE WORKS CONSTRUCTION: Senate Filo 553 appropriates $2 million as the slate's 5 Per cant share of waste water treatment facility Projects In FY 1982 and 1983• Sr 548 — MUNICIPAL ASSISTANCE: Senate SF 554 — EXECUTIVE REDUCTION OF F ilea 548 xpp,op, .10% 513.978.100 in FV 1982 STATE APPROPRIATIONS: Legnlltes cover. lBa6 nor'. appropriation cult by requiring that slate appropriations In Fiscal Year ending June 30, 1901 be uniformly reduced by nornore than 4.6 Per cant. -Cent those ePPI.PliAttons lot the leg Idative and judicial branches of government. Eh lective 6/11/81. SF 557 — VOLUNTEER FIREFIGHTER'S CHAUFFEUR LICENSE: Volunteer firelighters operating file apparatus are not required to he".Chauffeur'. license. SF 563 —BLOCK GRANT APPROPRIATIONS: Anticipate$ state receipt of federal black grants by stipulating that receipts will be proportionally allocated laudR on prior el. utlllzatlon of cntegorlul grants. If block grant, Intal less then Previous categorical grams and loss ,late funds ore needed for matching lederal dollars than the Iepi,leture nptitop,lit.d. the difference will he Placed in an account of ma general fund and may not he spent until the state legislature reapproprl. nim It. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS - DES 1401NES House . Files G'cfuo"d HF 143 _ PUBLIC RECREATION: Repeals Chapter 300 and revrAtes It in a manner that allows the school board's levy to be used for community education programs as well as playground and recreational purposes as previ. ously authorized. HF 304 - ENERGY CONSERVATION AND SOLAR ACCESS OBJECTIVES: Amends city and county zoning law to Include energy conservation and solar access as objectives of zoning. Thv act stloulates that these additional objectives shall not b. construed Ina manner that voids any zoning regulations in existance prior to July 1, 1981. HF 371 -PROHIBITION OF OPEN BURNING: Authorizes the state fire marshal to prohibit open burning at the request of a fire chief, city council, or board of supervisors. The requesting authority may rescind thefiremanhal'sprocla- motion upon finding that the conditions respon. sible for the Issuance of the proclamation no longer exist. HF 462 - WITHDRAWAL FROM BENEFITED FIRE DISTRICTS: Allows township trustees to withdraw a township or a portion of a township I rem it bunell Wd Iire district atter holding a public hearing. ICities contracting with a bene' thud fire district for more than 1 year at a time rev should be aware of the possible loss Ol enue due to this provision). HF 467 -FIRE ESCAPES AND EXISTS: House File 467 repeals Chapter 103 which presently regulates exit and fire escape regulations, Stam dards, and Inspections, The measure Stipulates that the Iire marshal shall promulgate administra. live rules roladng to file escapes. However, those rules shall be In "substantial accord" with the state building code or local codas, which are In substantial accord with thecodescompritlng the state bullding code, HF 472 - CONTINUING EDUCATION RE. OUIREMENTS FOR ASSESSORS AND DEPU. TY ASSESSORS: Reduces from 240 to 150 the nunWer of hours of classroom Instruction asses. sats must attain before the commission certifies eligibility for reappointment. Deputy assessors must complete 90 rather then 150 hours of classroom Instruction. The act requires a mint. mum number of hours of classroom Instruction requiring examination upon completion of the course, 90 hours for assessors and 60 hours for deputy a's... its. HF 643 -STRATEGY SESSION EXEMPTION FROM OPEN MEETINGS LAWS: Exempts governmental bodies from open meeting, provi. sions when dlscntsing matt.,, relating to strategy an employment conditions of employees not covered by Chapter 20, "Employment condi. lions" means those oleos Included In 20.4, scope of negotiations. IOWA MUNICIPALITIES, July, 1981 HF 726 - NONCONFORMING FACILITIES, STATE ELEVATOR CODE: Allows stole labor commissioner to grant variances for any facility Instead of lust those existing p,lor to Jan. 1, 1975. Variances may be granted for a Period exceeding live years. HF 728 - INCREASE PERMISSIBLE WIDTH OF MOBILE HOMES IN TRANSIT: Allows single trip permits to be issued by local authors. Iles for mobile homes up to 16 feet wide rather than the present maximum width of 14 feet 5 Inches. HF 731 - CONFIDENTIALITY OF INVESTI. GATIVE REPORTS: Provides that the data, time, location immediate fans and circumstan• cel surrounding a crime or Incident from apaaee officer's investigative report will not be kept confidential under Chao for 68A unless disclosure would jeopardize an Investigation or pose a threat to the safety of an Individual. Effective 5/10/81. HF 751 - ARSON INSPECTION WARRANTS: Authorizes the state fire marshal to shore Information with local fire chiefs, fire marshals and fire departments organized under Chapter 400. Allows officials authorized to make arson Investigations to obtain and execute a "special arson inspection warrant" If consent to Inspect Property damaged or destroyed by fire has been refused. The act prescribes the grounds for the Issuance, requirements, and execution of special arson inspection warrants. HF 757 - LEGALIZING ACT: Any city exercising a right to a property easement on or before January 1, 1950 for establishing water, sewer, gas, or power lines has acquired the right to exercise a continuing easement for the repair and maintenance of those lines. HF 766 - SOLAR ACCESS: Property owners may apply too solar access regulatory board for a solar access •element. Solar access regulatory boards may be designated by a city council for Property within the city Or a county board of supervisors for property locatod outside of cities. If no such designation is made the function of a solar access regulatory board is vested In the district court. The act allows local ordinances to Prohibit restrictive covenants with unreasonable restrictions on the use of solar pellecton. It also requires the Iowa Energy Policy Council to make solar access information and guidelines available to local government,, HF 771 - PUBLIC UTILITY REGULATION: Requires Iowa Commerce Commission to decide rate cases within ten months after the dela such a new rate Is filed. The act alters several other Provisions governing rate -regulated utilities. HF 787 - LEGALIZING ACT: Legalizoscenain land title%sold by the City of Sioux City. Elfeo five on publication. HF 789 - UNEMPLOYMENT COMPENSA. TION: Modifies unemployment compensation ,ares for both reimbursable and contributing ompioyers. Continues the use of the present contribution rate table for Fiscal Yea, 82 and 83. Relieves ralmbullabl. employers of charges paid to part•Ilme employee%who have been receiving Partial benefit, due to sepamilon from their regular full-time employrnent. Contains a num bar of technical changes that should be reviewed by Individual employers with unique character• MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140INES .still. Several of the changes are to bring Iowa into compliance with federal law. HF 850 - MASS TRANSIT: House File 850 appropriates $1,908,000 on FY 19,12 and FY 1083 far mass transit assistance. HF 872 - DELAY OF MOPED 6 MOTORCY• CLE EDUCATION REQUIREMENT: Motorcy. c1. license applicants under 18 must successfully complete a motorcycle education clan. ape Proved by the Department of Public Instruction as of Jan. 1, 1982. A moped license may not be Issued until the applicant, who must be 14 or more, has passed a vision test as well as a writ. ten examination and successfully, completed a Moped education course approved by the De. partment of Public Instruction as of Jan. 1, 1982. Requirements were scheduled to go Into affect July 1, 1981. HF 875 - PENSION BENEFITS: House Fit. 875 appropriates $2,299,140 In FY 1982 and $2.410,000 lot FY 1983. The FY 1982 approprl. -Tion represents the state's best estimate of the annual cost, less 4.6 per cent, that is needed to finance the benefits authorized under Chapter 411 of the Iowa Code. The bill also emends the state law which presently requires local govern- ment to pay whatever the state negotiates for reimbursement for mileage. The new language stipulates that political subdivision. "may deter- mine" the amount "not to exceed the state rate." The state rate will be 22d per mile beginning July 1, 1981 and 249 per mile beginning July 1, 1982. Additional language was also added to specific ally authorize political subdivisions to compen- sate employees for the use of private vehicles at an annual amount In lieu Of actual and necessary WATER MVTL & WASTEWATER SPECIALISTS MUNICIPALANDUSTRIAL WASTEWATER SURVEYS • Flow Measurement Studies • 24 hr. Composite Sampling COMPLETE CHEMICAL& BACTERIOLOGICAL SERVICES • Heavy Metal Analyses • Total Sludge Analyses • Soil Testing for on -Land Application MINNESOTA VALLEY TESTING LABORATORIES, INC. Nevada, Iowa Phone 515/382.5486 New Ulm, Minnesota Phone 507/354.8517 19016 December 2, 1981 The Honorable Arthur Small 427 Bayard Iowa City, Iowa 52240 Dear Senator Small: This letter will confirm your meeting with the City Council Legislative Committee scheduled for 8:30 a.m. on Tuesday, December 15, 1981, at the Highlander Inn. Council will discuss issues and priorities for the upcoming legislative session at its informal meeting on December 7, 1981. Shortly thereafter, I will forward to you a tentative agenda for the December 15th meeting. Thank you for your consideration regarding this matter. Sincerely yours, Dale E. Helling Assistant City Manager bdw/sp cc: City Council ✓ � ; . 402 i MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 1401NES i M City of Iowa Cites MEMORANE�y Cot Date: November 30, 1981 x To: City Manager and City Council I C \ From: Hugh Mose, Transit Manager /� l Re: Leased Small Buses f The Transportation Planning staff has investigated the availability of small buses on a leased basis, and the results have been extremely disappointing. Having contacted transit operators all across Iowa, we found no one with any vehicles available for lease, and no one who even knew of any other property with excess small buses. Also, of the small bus manufacturers, few were willing to 'even consider a short-term lease arrangement. The only midwest distributor who would give us a price quoted $4300 per month to lease a Wayne "Transette-XT." At this price we would completely pay for the vehicle in under a year. We are still looking for other possible sources. If something is found that looks worthwhile, we will pursue it and report back with details. Otherwise, we will attempt to weather this winter with our present fleet. cc: Jeff Davidson bjl/8 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES noel City of Iowa City MEMORANLuM Date: December 1, 1981 To: City Council, Board of Supervisors From: Bette Meisel, Senior Center Coordinator Re:. In -Kind Contribution for Space, Utilities and Certain Services Provided to Agencies Based in the Senior Center The following figures are based on a square foot charge of $8.50 a square foot which is what the federal Post Office was asking for the space occupied by the County. The square foot space for each office does not include shared spaces such as the classroom, demand office, conference room, kitchenette, etc. which are available for use by all agencies. It also does not include such City services as use of the duplicating machine and the print shop at Cost. The square footage for Congregate Meals includes the assembly/dining room which they only use from 11:00 AM to 1:30 PM. However, since they are the prime user of gas, electricity, hot water, refuse collection and the loading dock it is. felt that this manner of calculating the cost of providing space is equitable. Agency Space Sp $8.50 = Total y In -Ki Parking Contributionnd Congregate Meals 3,692 s.f. $31,382 -0- $31,382 Elderly Services Agency 705 s.f. 5,992.50 1 space 6,136.50 - $144 SEATS 270 s.f. 2,295 7 spaces 3,403 - $1,008 AARP 168 s.f. 1,428 1,428 Total $42,349.50 cc: Neal Berlin Pam Ramser John Lundell bjl/1 13X;L MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Political Fight Is Threatening Sewer Grants BY ANDY /PASZTOR SIOff ROrroper Or T11c WALL S"XK JOORNAL WASHINGTON — Congress has clogged the government's multibillion -dollar aid pro- gram for sewer projects, Jeopardizing thou. sands of projects around the country. The Senate and the House are at odds over the proper federal role In the program, how much It will cost through the end of the decade and the kind of projects that should be financed. Meanwhile, the Reagan admin- Istration refused to Include any money in the budget for the politically popular construe. tion grants rmdl both houses adopt a com- promise bill acceptable to the White House. The dispute threatens to disrupt sewer projects that are being planned or are al- ready under construction. Some communi- ties could be left with ditches and aban. doned, half -finished treatment plants when money runs out—or even If financing Is de. layed or sharply reduced. And, If the con. gressional impasse lasts much longer, many people believe the entire program may be killed. Warning of Disaster Utah Governor Scott Matheson, who chairs a committee on water policy for the National Governors' Association, claims the Program's demise "would mean a living nightmare for untold numbers" of communi- ties. "Essential waste -water projects would mmmwmw� "If Congress cuts off help at this point, the plant they encour- aged us to build can't accomplish its goal of cleaning up the envi- ronment," says ,a city engineer from Shreve- port, La. have to be postponed or dismantled -I he says. "And there could be some serlous fis- cal consequences" for titles and states tl,at Previously sold bonds to help finance their share of project costs. "We're looking at dis- aster levels" If Congress doesn't reauthorize the program by the beginning of next year, the governor contends. "Voters around the country are just tx ginning to understand" that local property taxes and sewer charges "will have to go up dramatically If and when federal support Is cut back," says Larry Silverman, executive director of We American Clean Water Asso- elation, a lobbying group that supports ri+. concept of the grants program. "The Ixdi.y cal impact will be tremendous," he pr edicts. -'HE WALL STREET JOURNAL, Mondav, November 23 le F worried officialscenters are Issuingrsimilar warnings. Eugene Wright, superintendent of the sewer system run by Chattanooga, Tenn., spends much of his "me these days worrying about completion of a $78 million treaunent.plant expansion project that could become a victim of the federal cutbacks. So far, the city and the U.S. Environmen. tal Protection Agency have committed a to - tarot $63 million to finish the work. But "Without 1982 appropriations from Con- gress, we'll have to make the tough decision to halt construction," says Mr. Wright. If the extra capacity Isn't available, the city may have to prevent future sewer hookups and postpone IIS Industrial -development ef- forts. Plans Disrupted? In ol strict is counting oonfederal t help to finish the sewer la three- year, $ao million project to replace old, Inef- ficient treatment plants that don't comply with clean -water laws. Officials contend the work may have to be stopped. as early as January If money from Washington Is held up. "We probably can't afford to borrow the money on our own," says James Borberg, who runs the sewer district. "There could be severe disruptions" of the region's long- range plans for cleaning up rivers and streams, he argues. Nationwide, more than two dozen com. munitles are under court orders to clean up sewer plant discharge; they Include Detroit, New York and other financially strapped metropolitan areas that lend to be most heavily dependent on continued federal help. Because of the congressional dispute, more than 40 states have ran out of monev to condr me financing sewer projects in 1982. Texas, `tor example, says It needs $212 mil. lion to it nish eight major projects under con. struction. Unless Congress acts quickly, many state, fesderal and industry officials are con• vinced that the Reagan administration will seize the Opportunity to ease Its worsening budget (problems by simply eliminating the progranr. Af qie While House has any excuse to chop It tiff, the President may decide to take advantage of It," says a Senate staff mem ber. Ulalh Gov. Matheson claims lie already Is "seeing some evidence of foot dragging" by the administration. house and Senate conferees plan to con. time discussions this week to try to resolve their differences, but a wide gap remains. The Senate, for Instance, went along with President Reagan's request to change dray. tically the current aid formula so more money can be funneled to densely populated areas in the Northeast and Midwest. Senate conferees also want to reduce to 557, from 751'o the government's share of construction costs by the mid-1980s. The House, on the other hand, voted overwhNmingly 10 resist such cuts and to MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IEDIuES continue financial assistance to Sun Belt States that want to build sewer capacity in anticipation of population and Industrial growth. Both bills meet the administration's $2.4 billion spending cap for fiscal 1982, but the House plan envisions spending about n5 bil. lion more during the next 10 years than the target set by the Senate and the White House. When the same two committees went Into the last conference committee on sewer grants in 1976. It look them more than a year to compromise. Shreveport, la., for example, will have a new sewer plant ready to operate next sum. mer. But unless the federal government pro- vides lens of millions of additional dollars to patch up the city's leaking, outmoded sewer lines, the plant won't be able to handle all of the anticipated flow during heavy rains. "if Congress cuts off help at this point, the plant they encouraged us to build can't accom. plish its goal of cleaning up the environ- ment," complains a city engineer. Congressional inaction can so completely "disrupt the program that state and local matching funds would dry up for lack of confidence in future federal participation," according to Clinton Whitney, executive di- rector of the California Water Resources Control Board. /ga3 THE WALL STREET JOURNAL, Me• -1Y. November .30, 1981 Public -Employe Unions Are Losing Clout To Management Amid New Fiscal Climate BY ROBERT S. GREmaERCER SlNfReP-'(e'of Tues WA" Sn,, JuunHeL WASHINGTON—The balance of Power between Pubilc•empioye unions and their bosses has tipped In favor of managementUnti. Sion Otla few public•sectotr uniono.s combinedixwith city and state officials' Inexperience and ll- mfdlty in dealing with labor issues gave the unions the upper hand. But now, by several measurements, the explosive growth of these unions has Peaked. At the same time, the era of budget crunches has ushered In a wortoukers Publicher lattitude ndstrikes. stiffening the spineseof go In this atm phveent ere, the Rea halloo's highly visible Hein' of strlkiglalr• traffic controllers 'gust put the frastng on the cake," says Norman Holtz, a pubilc-sec• for labor lawyer with It wmanagement clients. as all public employers needed to hear because they were beginning to feel more confidentanyway about their ablllty to deal with unions." Observers it Is too whathis hanged relationshlp will brinto g l bring. IIon pressure makes It difficult to deny wage Increases to workers, But government man- agers are using thele Increased leverage to try to Improve Productivity to hold down la• bor costs, which account for 65%, to 85% of a typical city's budget. And union leaders an. derstand that governments are hard-pressed financially. Thus. Public -sector labor rela• tions coWd headed toward more cooperation and less confrontation. For example, the state of New York, the nadon's 11th largest employer, Is spending I $4.5 million over three years to finance a Joint labor-management committee to seek I solutions to a variety of workplace prob• leets• One project Involves retraining People who work n state mental Institutions thatare slated to b her of other statessand�Uesrhave gestab. Ilshed similar committees. to Po 'And the Unions Understand .. w "We have to work toward Improving pre, Do ductivfty to survive In the public sector," says Meyer Frucher, the state's director of employe relations, "The old mechanism of sin dealing with labor Issues by granting wage the Increases and raising taxes no longer works. unl And the anlo.As understand the limitations of mil the Public -sector treasury," he adds, dec Because of public resentment of demands ace by government workers, many union mem• bees are eschewing strikes. Teachers In Bos• pac ton, for Instance, rejected their union lead• to k ers' recommendation to strike this fall over a Co layoffs. The teachers decided to remain on and the ourtsb"jhaPursue de ect aeir grea grievances awareness he oaten the risks of Jobs actions, and definitely less sider eagerness for a confrontation with govern• fessoMentr says Julius German, a labor law pro- lessor at Yale University Law School. that in the rentme Orion economicclfimate, aicials y strike iso t longer a realistic tactic. 'Used to Be an Effective Weapon' "The strike used to be an 'effect weapon because polldclans would get n trouble nCed " their constituents were incon toeth the says Of the nOvAmerlcllu Federst Of State, County and Municipal Employe the largest public workers' anion In But nowcans doing things to People down ocosts see it adds. matewill observers Public employe' wages haven't kept pa With inflation. and their level of frustratlo Is high because they have become the sca pc goats for the Ills of government. Furthe government workers, formerly Immun from layoffs, are the flrs to lose their Jo as uce services, The hard line ants bet some financial) communities Is giving some Unios no choice but to strike. For example, teachers In Philadelphia walked off the Job this fall when the city failed to honor Its contract with them. The teachers had signed a two- year aandYear tac 0%raise this fall. Thefor no wage citytoldt Ne teachers there wasn't any money for the S Increase and that 3,500 teachers would be laid off. atter a 50day strike and a C battle, the teachers recently returned o work and Will begin new wage negotia• Dons n exchange for a canceI tion of the: ayotts. Erosion of tabor's Power Nevertheless, union officials concede that udget austerity and the public's reluctance Pay more for services Is droding labor's wer. "There are her now 0 think they wfil stay In office liticians in by beating UP. That doesn't help our clout," says AF says thesbirman, -e top official at, CircumstanceshavePIOY� ion, i ce the 1960s, when public unions beggreaan Ir tremendous growth. Total Public -sector on membership, which 'was about onei Ilan n 1958, mushroomed to 3.8 million ai ade later and reached 5.9 Million by 1976, i ording to federal government figures. The rapid expansion of unions easily out• ed e the ability of government managers; eeP up. As a resWL says Kurt Hanslowe„ rnell University professor of labor law Industrial relations, durng a decade of n0ation and steady growth, "there was dency to buy labor peace. It was con - cd a good Political maneuver." ' to bargain with their workers. "Thal . r the wind outwith the thrust for a federal bargaining law ... says AFSCME's Mr. Wasserman. On the els Of this Pub In -ssector union momentum hasbeenthe Reagan administration's hard line toward federal government employes. Mr. Reagan has Poked fun at lazy government bureau• oats, made big cuts n federal employment and fired more than 11,000 air-traffic con• trollers when they illegally walked off the cur- Jthis ob lastdu mer. tad o xltlpporters fear that any state and local level Permeate to the Moreover, arbitrators, aware of the eco• munic rive eration torthheeability Oare f logcal and ate gov. real ernments to pay for wage Increases. Daniel ve- Kruawger, a Michigan State University labor ant professor and arbitrator recalls that In ion a recent case Involving Atichigan teachers es, and a local school board "I gave more at. the tendon to the school board's financial condi• ti. tion." he Bridging Differences that Mos crises are b�ging laboSUII. therer and maanage management loser to. PAC t gether In Joint labor-management groups to n discuss mutual problems. Such a committee was set LIP two years ago n Eugene, Ore. Furthergovernment the group's recommendations re suited In new criteria for promotions of e some city workers. Factors such as educa. jobs lion Points and extra Job training now are pressed , considered; previously labor didn't have a say In promodon.rules. 'We have evolved from complete adver• whenepveerrtwe can, a position of cooperation local firefighters says lOn�k Johnson, the member of the committee.presdent and a "Public managers used to look at labor unions as shadowy devils," says Donald Hawkes, a management staff member of a Massachusetts Joint labor-management committee. 'But dayto-day contact is lead• both to greater cooperation. It's fostering on sides an underslandng of each other's Problems. And this is getting transmitted back to the members•" Slowed Growth But the growth of public unions began to slow In the late 1970s. Between 1976 and 1976, publlc•sector union membership edged UP only loo,ow to six Million. And union membership as a percentage of state and 10- cal government work forces, after peaking 1979, according to tth eateset federalt figures. Union officials agree that future, rapid! growth will be difficult. AFSOME's Me Public -sector union Wasserman notes that! membership is concen• trated In the Northeast and Midwest, where severe economic distress makes government expansion unlikely, whiMochold it reover, the Sbe and Western states, h e unIse thprom Of the most growth, remain hostile to unloose IzeWhat's test Is very difficult Ito org•rm. leg In the absence of coI Ofve hargalning legislation," Mr. Wasserman says. Reagan Administration Stance And the rosts for suchlation being approved are slim. Most oflthesexist. Ing laws were Passedbefore 1976, when the Supreme Court Wiled that the federal gov ernment hadn't any business telling states; i Bay MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES Rent Coniroy`We sures Bring Mixed Results By Margam Gibbs Chair, P.A. TrmesAdvisory Group Are rent controls enacted by municipal. ities the answer to housing shortages? Do they protect tenants from unethical land- lords who seek to squeeze 'more return from their investment? Do their negative aspects outweigh the positive benefits to renters? Throughout the nation many commun. hies are wrestling. with the shortage of available housing for middle and lower in. come families. High interest, large down payments for purchases, and lack of new construction in the lower price ranges have all contributed to creating a problem. Only a few cities, however, have elected to insti• tute controls on rental rates, and some of those who have find policing and enforce. ment difficult to impossible to implement. Even the U.S. Senate got into the act with the 1981 Housing and Community De. velopment Act of 1981, an amendment to which provides that Section 8 funds be de- nied to jurisdictions which control rent and thereby diminish incentives for new con. struction. There are 427 incorporated municipal- ities in California, yet less than 5 percent of these are attempting to control rents. Nationwide the rent control cities number only around 120, according to the Housing Information Center of the Foundation of National Progress of Santa Barbara, which publishes a source book on rent control. (P.O. Box 3396) California, with its frequent visitors and (sigh -priced property, has few cities in. volved in rent control legislation. Palm Springs, winter resort capital, seems to be making its ordinance operate successfully despite landlord protests, perhaps because the law permits an annual increase in rents equal to sA of the Consumer Price Index. Opponents claim this does not protect the investment of landlords, whose costs re- flect 100, not 75, percent of inflation. . Los Angeles has provided for rent con- trols since March 1978. The 65,000 land. lords pay $4 per unit annually toward en. forcement. Permitted annual increases amount from 7 to 9 percent, and utilities and capital improvements may be passed on to tenants. Unlike most.other cities, Los Angeles applies this control to retirement homes as well as other types of housing. The Los Angeles County Board of Super- visors voted 3.1 this year to phase out all county rent controls over the next two years. A group of landlords and developers opened a campaign in October 1981 to end rent controls and other housing related ordinances in the city of Los Angeles, including conversion of apartments• into condominiums and demolition of existing rental units. This California Housing Sup- ply Task Force group admits that there is a lack of adequate and affordable housing, L... but considers that the city has made the problem more complex with controls which discourage developers and land owners from building. , The vacancy factor, a major element in the decision to impose rent controls, is reported by the Rand Corporation to be 4.6 Percent in Los Angeles, while the Univer. sity of California at Los Angeles Institute for Social Science Research comes tip with a 0.8 percent rate for the same area. Any vacancy factor of less'than 5 percent is con. sidered to cause a shortage of rental units. Since September 1, 1980 landlords in Los Angeles face stiff penalties for violations. Recently two were fined a total of S2,5o0 and ordered to pay back 31,600 to 9 tenants whose rents, for downtown apartments, they had increased from 35 to 90 percent. The collectors working -for the owners we're also fined a total of SI;900 and, with the owners, placed under summary probation for 24 months under plea bargaining. The law provides 6 months in jail but thus far no one has been sentehced to jail. The action came into court after tenants joined to fight owners. The conversion of apartments to condo- miniums also removes from. rent control some properties annually. The State Court of Appeals in California ruled that the Los Angeles City Council cannot withhold ap. proval of such conversion plans without a. strong and clearly defined rationale. Justice Lynn Compton, author of the deci- sion, wrote, "We are dealing with the con- stitutionally protected right of private pro. Petty ..... and an exercise of the police Power by the city impinges on that right by denying the owner a use which would be perfectly legal and proper." Moreover the California Supreme Court ruled in Febru- ary, 1981 that tenants may withhold rent in protest of unliveable housing conditions and fight eviction even though the landlord has not had reasonable time to make re- pairs. The Court stated that "the implied warranty of habitability" by landlords must be met. Santa Monica, a desirable seaside resi- dential community, recently had its present rent control declared illegal after the Super- ior Court determined that the city's for. mula for determining "a fair rate of re- turn" was unconstitutional. The Rent Con. trol Board is facing 80 suits from Lard. lords. Santa Monica's ordinance included a provision that purchasers of property al. ready losing money could not increase rents. Santa Monica is drafting a new ordi. nance. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110INES Not is the work of enforcement without peril to the Rent Control Board. The Santa Monica 5 member board, reportedly pro. tenant, was convicted of contempt -in March 1981 and threatened again in early July, when it was ordered by Superior Court Judge Raymond Choate to allow a rental increase sought over iwo years by an owner and was ordered to pay his $12,000 legal bills. The judge. also criticized the • board for its rigidity and bias. _ "Rent control is a failure from the South Bronx to Santa Monica. Yet its proponents push it as a cure-all for the severe rental housing shortage plaguing the nation. They are wrong" says Mayor Pete Wilson of San Diego. "The plain, undeniable fact is that no city that is afflicted with rent control can hope to cure its housing crisis until it is rid of rent control. Only then can it hope to stimulate the production of new units and the maintenance of its existing inventory. Only then can Congress be assured that it is discharging its public trust and not throw. ing good money after bad;' the mayor concludes. In opposition to this position is the plea f housing and community development ersonnei who recognize that there is a ser. ous housing shortage, that current infla. ion and high interest rates have discour- aged even a normal amount of new con• struction, thereby requiring protection of tenants dependent on what already exists. There persists a suspicion that investors are making more than a fair return on their investment and do not need the protection of a free economy. California's shortage of housing existed even before rent controls began and it is unclear still how much the controls have discouraged new construc. tion, if at all. Marin County, a high rent residential area north across the Golden Gate from San Francisco, plans to have a rent control measure on the November ballot. The proposal is to roll rents back to 1980 and allow only those increases approved by a local board. Owner occupied buildings of 3 or fewer units would not be covered, nor would new construction. Cotati, a small town in northern Califor- nia, where housing shortage is related to the number of students attending Sonoma Stale College there, had a rent control ordi- nance which provided for ars annual adjust. ment each October'of fib percent of the CPI for the previous period of July to July, The Superior Court of Sonoma County ruled in April 1981 that their ordinance was confiscatory because it relied on investment amount rather than fair market value, that the negative cash flow penalizes the owner more severely the longer he holds the pro.. perty (Valparaiso Associates vs, the City of Cotali). In the same group of California com- munities which are trying rent control Foster City banned conversions unless partly to protect student housing are Berke. there is an equal number of vacant units ley,' Davis and San Jose, all of which are available in the city. Waivers may be ob- the location of colleges and universities. rained if all tenants want to purchase their Rancho Cucamonga, a new municipality units. As long as the vacancy factor re- spreading miles along the foothills between mains below 3 percent Hayward owners Los Angeles and San Bernardino rejected the proposal to impose rent control decid. may not convert more than the number of units built the previous.year. An exception ing that such measures would create long. is when 60 percent of the tenants sign in - term problems and restrict development. Instead owners of mobile home parks are tent -to -purchase forms. In Pacifica, a small coastal community required 10 meet and confer to work out south of San Francisco, developers must compromises. Mobile home parks were at obtain city council permission to convert issue because of many senior citizens on fixed incomes living there. any rental units to condominia. The city council in Poway, a San Diego suburb, ap- Beverly Hills, which has extended con- proved a moratorium on condo conver. IrOls to May 1982, limits annual increases sions in May, 1981. in rents to 8 percent. - Does the cost or rent control outweigh A novel solution for renter -protection the savings? The Rand Corporation recent. has been Passed by the Washington State IY Prepared a study of the proand coni for House and Senate in the form of a state,. the city of Los Angeles. It concluded that wide tent control prohibition bill which rent control may be beneficial in reducing preempts. the imposition of local rent con. trol laws. This passed by rental increases to the early stages, but that they a 2-1 margin and was signed May 6, by Gov. John Spellman. exact administrative costs ,which wastes both landlords' and renters' money, Sponsor was the Washington Coalition for Affordable Housing, a statewide organiza. and in the long run are not wholly bene. ficial. The level of housing service tion which includes bankers, builders, ulti. rnately'will agree with what the owner is al. owners and realtors. Continuing their ef. forts, the coalition has developed an alter. lowed to charge. Moreover some owners will avoid losses by transferring native solution to means of achieving. property to other uses. A survey of the average savings affordable housing with the "Five and to Los Angeles renter between 1978, when Thirty Program"... Under this plan, which is voluntary, owners are reserving S percent the law was enacted, and 1982 when it is due 10 expire, was calculated to be 5191. . of their rentals for low income Persons and The cost to landlords was . figured to be reducing rent on those units by 30 percent. The program is administered by the Seattle $215 per unit, with thedifference going for administrative costs of enforcement. Housing Authority, which is partly funded by city What is required to make rent control government. Owners may choose workable? tenants from those certified as eligible by Obviously a light market for housing, ( a the housing authority. .. S percent or less vacancy factor) a fair re - Conversions Constitute turn for investors, and an unbiased mecha. a Related Problem nism for enforcement of laws. The problem Antioch's new ordinance, effective 'In' hinges in part on what constitutes a fair re - May, 1981 provides that developers must turn. With inflation calculated to be run - notify tenants of the intent to convert ning between 12 and I8 per cent, depending apartment houses to condominiums at least 60 days prior to filing any application for upon geography and what is included, landlords are not satisfied with increases a use permit or tentative map. When there is . at the level of 7 or 9 percent or M of the prior a vacancy factor of 4 percent or less, the year's CPI. Is there an equitable solution City Council must approve all conversions. for both renters and owners? One of the In Burlingame a new ordinance limits points of difference in seeking a fair return conversion to those that result in 21 or on, investment, is whether property is more units and requires that the majority of the tenants approve the conversion, and valued according to purchase price, current market value, or tax assessment. Landlords further that a minimum of 10 percent must complain that upkeep and replacement be for use of senior or handicapped tenants costs have increased even ahead of current who must be offered lifetime leases or 20 inflation. Percent discounts if they wish to purchase. Renters on fixed Incomes respond that Lifetime tenants who are elderly or handi. they have no place to go on costs. Pensions bapped do not have to face rental increases do not increase commensurate with in11a. which exceed 50 percent of the CPI calcu. _ tion. Because of age or health senior citi. lated for San Francisco -Oakland area and zens and handicapped persons have no [heir rents may be changed only once each means of creating new income to cover year. ' their needs. Is it a public or private respon. sibility to solve the problems of the oppos. - ing groups? =5 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES THE WALL STREET JOURNAL, Tuesday, December I, 1981 `How to Live With Reaganomics' Creates Aura of Gloom as Mayors Meet in Detroit By Trmornv D. SCHELWIARDT .Staffneyorler of Tur. WAI . STIIr.AT JOURNAL DETROIT—The theme this year at the National League of Cities convention centers around three Rs—reSeurcs, relationships and responsibilities. But another R — Reaganomics - fumed out to be the overriding concern to mayors and city officials attempting to cope with federal budget cuts and the recession. "Reaganomics Is all -pervasive this year." said Mayor Leo McFarland of Rolla, Mo. Ray Corwin, a Lynwood, Wash., coun- cilman. agreed: "It's the first thing people want to talk about, and oh, boy, are they frightened." The gloomy outlook for many cities has made this year's convention "a more sober affair," said Ruth Messinger. a New York City councilwoman. Many of the 3,000 dele• gates, about 500 fewer than expected, said they have come this year to find some an. swers about Reaganomics and how to live with President Reagan's brand of federal,) state and local relationships. "Arriving, here, we really don't know how much more about how the fiscal 1982 federal budget will affect us than we did last spring, and we're looking for the answers." said Mayor Mc. Farland. Absence of Top Aides What dismays many local officials, In. eluding Republicans, Is the absence of top Reagan administration aides to provide some help. Half a dozen Cabinet members, Including Treasury Secretary Donald Regan and Commerce Secretary Malcolm Bald• rige, turned Lown Invitations. Vice Presi. 1 dent George Bush canceled and Mr. Reagan, who opted to speak at a GOP fund. ser in Cincinnati yesterday, Just sent a letter ex• h Pressing his "best wishes" to delegates 1 One administration official who Is here Is P U.I Speclal Trade Representative William) Brock. He Is scheduled to address a break• fast meeting today on foreign trade zones. c "I think the While House missed an op Portunity and I'm disappointed," asserted Republlcan Mayor William Hudnut of India• napolis, president of the league this year. Isn'lt veryat tencouraging.officials feReaganism Is here to stay. The cuts are for real, and cities will have to learn to cope with less, rising crea• live frugality," claimed Mayor Hudnut. George Gross, the league's chief lobbyist In Washington, told delegates that he thinks' "we're just warming up" to budget cuts and thaHelnotedry area is that about 0% of Mr. to be uReagan's Initial round of budget reductions affected state and local programs, en- Paul Laxalt tlalSally of the P sldenRt, had the same rues• sage yesterday, telling delegates that under the Reagan brand of federalism, chis "may end up getting less money." The Reagan administration, declared Mayor Hudnut, "must be wiping to under• stand what fairness Is all about and that there are limits beyond which the cutting shouldn't go." After a while, he said. "cutting becomes gutting," and he sug. Bested that Mr. Reagan look to the defense budget for future targets. 'Severe AdJUStments' At cocktail receptions and in convention hallways, city officials are quick to illus. I how federal budget cuts are affecting their communities. Vincent Schoemehl, Democratic Mayor of St. Louis, said there are 2,000 fewer municipal employes in his City than there were seven months ago and that two health centers have been closed, among other things. "I'm upset with Re• agan g les. We had to make severe ad• justments at the local level and I haven't seen similar adjustments at the federal level," he said. One city official who has been listening Intently to convention proceedings IS Terry McKane, a Lansing, Mich., councilman. He has Just been elected mayor of his city of 135,000, Inheriting some severe budget prob. tems. Over the next six months, Lansing must cut Its SM million budget $3 million to H million. "I pledged I wouldn't raise property taxes. So we're looking probably at service cutbacks, a moratorium on hiring and equip ment purchases, and some higher user ees,' he said. "The concern Is that we don't know what the future holds for us under Reaganomics," e added. He expects many cities, perhaps ncluding his own, will have to boost taxes to rovide necessary local services. So far, Mr, McKane said, this convention has been of minimal help" In finding a solution to his ell budget woes. >rsato MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES r THEW STREET JOURNAL, Wednesday, Dec^er 2, 1981 Mayors, Governors Step Up Their Attacks On Reagan's Economic and Budget Plans By T16forHY D. SCHEI.L um Slgff Rrporferof TNN WALL ST,e6T JOURNAL DETROIT—As federal spending cuts take effect, mayors and governors are leveling sharper attacks on President Reagan's eco. nomic and budget policies. Republican Gov. Richard Snelling of Ver - mono told the National League of Cities con. vention here yesterday that the Reagan ad. ministration's business -renewal program Is an economic Bay of Pigs." And Demo- cratic Mayor Edward Koch of New York la. beled Mr. Reagan's policies "a sham and a shame." Gov. Snelling contended that President Reagan's "potpourri' of budget and tax cuts. and "whacking the hell out of federal programs," are eroding the fiscal capacity of states and municipalities. "And that's dangerous," asserted Mr. Snelling, who Is chairman of the National Governors Confer. ence. . He asked the 3,000 delegates to Join him In urging President Reagan to hold a domes. tic economcc summit that, among other things, would set a timetable for transfer. ring responsibilities td states and local gov. ernments and would establish funding mech. anhha to pay for the services. Koch CrcUcizes Program The governor maintained that Mr. Rea. gan Is moving too swiftly to slash grants to states and local governments and that pub. lic services are being hurt because of the cutbacks. Instead, he said, the administra. lion -should restrain spending for defense and for Social Security and'other entitle. ment programs. Mayor Koch, In his speech, declared that the President's economic program "Imperils the cities and Is wholly lacking In realism and responsibility." He conoended that the Policies would result In "the further decay of our cities, the poor growing poorer, a de. cline In the education of our population and a more lonely and more poorly serviced el. derly." Mayor Koch also complained about in. creases In defense spending. "A nation of only armaments can survive only an attack from abroad„ It cannot survive a surrender from within," he said. Another mayor, Republican George Vol. novich of Cleveland, also criticized Reagan Policies, contending that "much more atten. tion must be given to the short-term Impact that the transferring or cutting of programs will have on Millions of Americans." At the same time, he said, city officials must do nmre to develop new ways to cope with less federal funds, and he urged them to seek more help from the business community. Grumbling Over Stockman Plan Many delegates here grumbled about fed• eral spending. cuts after hearing'news re- ports yesterday that budget director David Stockman Is renewing efforts to axe two popular grant programs for state and local governments. Mr. Stockman wants to stop funding after fiscal 1983 the $500 mllllon-a. year Urban Development Action Grant pro. gram and the $3.8 billion Community Devel. opment Block Grant program. "We need those programs," Mayor Lee Weinstein of Englewood. Calif., pleaded to presidential assistant Richard Williamson. Mr. Williamson told delegates that Mr. Reagan Isn't likely to go along with Mr. Stockman's recommendations. Mayor Volnovich said he doesn't expect Congress would permit those programs to be eliminated even If Mr. Reagan proposed It. And In Washington, Secretary Samuel Pierce of the Department of Housing and Urban Development said he will fight within the administration to continue the pro- grams. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IAOINES The Cedar a2,olds Gazette: Sun., Nov. 22, 1981 Working Women _ i nvestor motivated _by downtown need IOWA CITY—"There's nothing I learned that you can't learn," Wil- freda Hieronymus'claims. The -woman who calls herself "Just an ordinary housewife" Is a founder and executive of Old Capitol Associates, the development organi- zation that has, been the primary force behind the rebuilding of down- town Iowa City. She's also a general - partner in Iowa City's new down- town shopping center. Mrs. Hieronymus and her hus- band, Albert, moved here In 1945 so he could earn his master's degree and doctorate In education from the University of Iowa, He now is a professor at the university and the author and editor of the Iowa Basic Skills Test used throughout the country. "We just ended up staying,•" she says of what started out to be a temporary stair in Iowa City. "When It became apparent that we were going to stay, we bought a house In the country. We raised practically everything we ate, did all the work on the house ourselves, did all the landscaping, worked from morning till night. 'THEN WE'D GO somewhere and people would ask me if I worked!" Mrs. Hieronymus admits she has a business background and orienta- tion that not everyone would have. She has a bachelor's degree in businessand economics and a master's degree In business admin- stratlon and has taught high school business courses. Besides raising five children, "I always managed the finances for the family and have always been in business." In 1954, she decided to go Into real estate, bile days, "because i had a fairly extensive knowledge of real estate. My parents always had been Involved in real estate. And It was something I could do and still be at home to take care of my family.' Her first purchase was a commer• tial building In Iowa City. "I like -to buy commercial property because it's not nearly as time-consuming to own as something like apartments, It takes less time to manage." OWNING REAL ESTATE is a cycle that never ends, she claims. "Usually you first buy real estate as a tax write-off. Then; if you're an efficient manager, the property starts producing more than It ab- sorbs, which does away with the tax advantage. So the only solution Is to buy other property. "Once you get on that, you don't get off." Mrs. Hieronymus became in- volved In the development of down- town Iowa ,City through her real estate dealings. 'The mayor made an appeal' for local involvement," she explains. "My friendly, neigh- borhood banker called me and explaineda proposal for forming a group to Invest." That group, of which she was appointed executive director, was the forerunner of the present Old Capitol Associates which has been Instrumental In Iowa 'City's urban renewal efforts. Mrs. Hieronymusspeaks proudly of the group's accomplishments. "On the whole, I feel very good about what,we've done for downtown Iowa City. Our efforts have benefited the community and will for the next 100 years." She mentions the new down- town shopping mail and near -down- town housing for senior citizens and the handicapped as positive results of her. and her group's efforts. OF THE LATTER, she says, "it's always been a pet theory of mine that old people live longer when they're In the center of activity and it was very important to me that It got built in the downtown area." Aspects of urban renewal, she points out, "have produced a great many new jobs" and have added millions of dollars to the city's tax roles. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -015 1401NES Mrs. Hieronymus spoke recently in Cedar Rapids at a seminar on "Women and Money" sponsored by Women Unlimited and the YWCA. Her topic was 'Putting Women's Money and Effort to Work in the Community." She's given several such presentations and with her background, she's well-qualified to do so. "What I've done is just one way a woman can help her community by using her expertise and her funds," she claims. "Real estate is a definite Way a woman can Invest money and improve the community. "And you don't have to have a lot - of money in the first place," she adds quickly. "All this was done on borrowed. money." That's why she says she can't stress enough the Importance bf a goad credit rating.:' "It means that a woman can go to a bank and borrow $100,000 and Invest. The whole thing hinges on credit and the ability to borrow money." While admitting that not every woman could do what she has done, there are plenty who can, she notes. "I think any woman intelligent about money can Increase her wealth, particularly In periods of high Inflation." And for those women who don't have access to funds, she adds, "there are all kinds of opportunities to offer services without money. ;. What I'm doing, to me, is a community service, I have not made money on . this project. I probably will, but I haven't yet. But the motivation was not to make money. The motivation was to do some- thing. that nobody else was getting done• "I get Impatient with people who say 'There's nothing I can do.' There's no such thing. You can do it with money or you can do It with services. I'm a very ordinary person and what I've done, anyone could do, given the right parameters. '–r EvoW�O�t��,Ojjs .7 LEON LYVERS TREE SURGErtY PROFESSIONAL SPRAYING -FERTILIZING -SODDING - LANDSCAPING AERIAL BOOM TRUCK RENTAL 181OPrairie du Chien Rd. - LXX • Iowa City, Iowa 52240 • Phone 351-2255 November 2$,1981 Dear And City CouncillPers ns,y citygof)IowaeCity) Iowa & Re creation, And City RE: The Future of Urban Forestry, from the, ournal October 01981 Arboriculture'. The enclosed artical is some -what leng6y, but I hope your schedule will permit you to read it through. WHY ?? 1.. Will the City of Iowa 8ity, replace Billie Hauber as City Forestor? 2. If the City does, what will that persons responsibilities be ? Budget, Planning, inspections; & continous inspection of work in o ress pg g , evaluations, on and on ?? Just what should that persons'priorities be ? 3. This is not a fault finding letter, rather, hopefully, an aid to your future considerations, and possibly, improvements. Yours truly, Leon E. Lyvers Owner F�NOV3o'0 19'81 ABBIE STOLFUS CITY CLERK \IOIRER . Internationnl Slmdc'l'ree Conference . American Forefilr)' Assncinlinn MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES .—T i4agw 4" I— Journal of Arboriculture 7(10): October 1981 THE FUTURE OF URBAN FORESTRY' by Fred Bartenstein The city manager or mayor looks at forestry as one of a growing number of urban services local government can provide to satisfy demands of taxpayers. Policing, street lighting, waste collec- tion, libraries, fire prevention and suppression, building inspection, street maintenance, water, airports, correction, zoning enforcement and public health are but a few of the other services that must be considered when dividing tax receipts each year. When money is plentiful, city governments are In the enviable position of being able to please almost everyone. When money is tight, as is usually the case, there are two choices— perform less service or manage more efficiently. The latter choice, management, implies prioritization. When citizens are asked to rank the importance they place upon existing services, safety services (such as police and fire) invariably come first, followed closely by public utilities (such as water and streets) and environmental control (such as waste collection and housing inspection). Amenity services usually place last. Due to a difficult regional economy and a heavy reliance on voted wage and profit taxes, Dayton has been through a series of boom and bust cycles. We have learned that prioritization of ser- vices, even when done by citizens, can profound- ly miss the point of what is actually expected of local government. For example, knowing that citizens rate policing as an important service fells us very little about how much, what kind, or, more importantly, to what end policing is valued. if perception of safety in the neighborhoods is desired, adding detectives or improving com- munications may be less effective than increasing the level of lighting, providing employment oppor- tunities for teenagers, or establishing neighborhood watch programs. In order to manage with less and respond effec- tively to citizen needs, we have had to learn not to 261 concentrate on the service organization, but on the end results. A policy goal -setting process (begun in 1975) resulted in a set of five targets the Dayton City Commission hopes to achieve with its lax dollars. These are economic vitality, neighborhood vitality, maintenance of Dayton's unique character, leadership in intergovernmental affairs and preservation of the urban infrastruc- ture. Budgeting for service delivery under these goals requires a rethinking of most traditional ur- ban services and some evaluation of how well each service responds to the newly expressed needs. Let's look at urban forestry within this planning environment. What is urban forestry? How did we get in this business? To what needs or desires does it respond? Municipal forestry practice has traditionally focused upon needs of the city's trees. When asked what the trees do for the city or its people, foresters lend to respond with general statements about beauty and the backlog of citizen requests for tree maintenance. It has been easy for urban managers, given these responses, to justify passing responsibility for tree care to individual property owners who ap- pear to have the most to gain from trees and their benefits. Why cities service trees At some point in the urban past there must have been a reason for trees entering the ranks of municipal services. Payton thinks it is important to take a long look at the urban forest and how it got there, and attempt to calculate the benefits it pro- vides today and might provide in the future. Two conflicting trends have been at work throughout the history of the cities and urban forestry in America. The first is the desire to change and modernize. Josiah Royce, a 19th century American philosopher, described the city builder in this way: t Roprinted with permission of the author and the Pinchot Institute of Conservation Studies from their circular entitled Breaking Now Ground In Urban Forestry- f. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I401t4E5 um- - 262 "In founding new cities and in occupying new lands, he first devotes himself to burning the forests, to levelling with ruthless eagerness the hill slopes, to inflicting upon the land, whatever its topography, the unvarying plan of his system of straight streets and or rectangular street cross- ings. In brief, he begins his new settlements by a feverish endeavor to ruin the landscape. Now all this he does not all because he is a mere materialist, but ... because mere nature is, as such, vaguely unsatisfactory to his soul, because what is merely found must never content us."I The second major trend emerges from the Jef- fersonian rural ideal and its corollary — that cities are inherently unhealthy to the human body and soul. Andrew Jackson Downing, Frederick Law Olmsted and the landscaping movement pro- ceeded from the assumption that "Man's essential unity with God was reflected in his relation to the natural world around him." Z Early advocates of urban forestry reflected a missionary assurance of their social purpose. Dur- ing the War of 1812, troops quartered in Dayton were set to work by one of Dayton's founders, building a levee and planting elms and maples throughout its length. A later historian observed; "Whether Daniel Cooper had any legal right or not, this was a fine fore -sighted, public spirited thing to do."3 The same historian describes the work of another founding father: "With the vision of mak- ing our city like the elm -embowered towns of New England, (John) Van Cleve surrounded the court- house with elms, and when they got to the age when the green limbs lifting to the sky framed the classic pillars in their foliage, an editor, who thought that to have trees in the city made it look countrified, kept at it in his paper until the elms fell victim to a municipal axe and are no more."3 John H. Patterson, the paternal industrialist , who founded National Cash Register Company, and who led Dayton into becoming the first large city to adopt the progressive city manager form of government, was an ardent advocate of land- scape gardening as a civic movement.3 Patterson was largely responsible for the hiring of Dayton's first city forester in 19 17 3 Those familiar with midwestern cities will recognize "practicality" as the dominent Bartenstein: Future u, irban Forestry characteristic of our manufacturing economy and civic traditions. In full recognition of the political weight "practicality" would carry in gaining its ac- ceptance, the 1911 City Park Plan, commis- sioned by Patterson and fellow industrialists and completed by the prestigious Olmsted firm, stressed the benefits of tree -lined boulevards to real estate developers.° The largest part of today's urban forest in Dayton was planted by land developers in the first decades of the twentieth century — men who would never have invested in vegetation unless assured of its contribution to the sales potential of their subdivisions. A unique synthesis was forged between "modernism" and "naturalism" trends in the first decades of this century as other utilitarian values were found to justify urban forestry expenditures. In Dayton, gardening was touted as a cure for juvenile delinquency and as a method for increas- ing citizens' involvement and pride in the neighborhoods. Public tree plantings reflected the city's desire to appear progressive and modern. The urban forest was also championed in the early 20th century for its contributions to public health. A "green lungs" plan for Chicago proposed the in- terspersing of dense development with open space for improvement of air quality. The Ohio Department of Education exhorted schoolchildren in a 1912 Arbor Day manual: "Don't forget that an adequate number of street trees mitigates the in- tense heat of the summer months, and diminishes the death rate among children .. , don't forget that the air of basements and cellars is rendered less humid by the removal of surplus water from the surrounding soil through the medium of roots and foliage.5 Two major developments occurred as the 20th century entered middle age which effectively aborted the further development of "Environmen- tal Urban Forestry" and greatly diluted the zeal of the "Urban Naturalists." Refinement of air- conditioning technology in the 1930's revolu- tionized the city's vulnerability to extremes of temperature and humidity.' Mass production of the automobile provided large segments of metropolitan populations with the option to locate In rural and suburban environments hchly en- dowed with natural settings. The limited and ex - 19 a9q.) MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -BES HINES Journal of Arboriculture 7(10): October 1981 pensive green elements foresters and landscape gardeners could import to the dense urban core offered little competition to the half -acre lawn. Air-conditioning and widespread access to the automobile weakened the constituency for urban forestry and placed upon municipal foresters the "caretaker" role in which we know them today. As the cityscape changed under economic and social pressures, a series of incremental decisions were made in which the existing urban forest began to disappear without replacement. Urban renewal, street widenings, demand placed upon open space for active forms of recreation, absentee ownership, and new municipal concerns for safe. ty, operating efficiency and capital intensive maintenance, all conspired toward removal of trees. As urban officials became more sophisticated in managing resources for maximum Productivity and cost efficiency, the urban forest tended to be viewed more as a liability than an asset. Municipal tree issues in the '50's, '60's and '70's pitted the "practical men" and "progress" against emotional, poetic, or downright recalcitrant bands of garden clubs, preserve. tionists, and civic beautifiers. Despite occasional victories, the net result was almost invariably fewer trees in the city. Are municipal trees valued? There is a direct parallel between recent efforts of historic preservationists to document the economic and energy benefits of building restora. tion and the task faced by advocates of urban forestry In the 1980's. In order for urban forestry to survive, a case must be made for the contribu. tions of urban forests to urban survival. This case must focus on needs and issues relevant to urban dwellers and not on the needs of trees and the dif. ficulties they face in a modern city. Like old buildings, trees stand their best chance for sur. vival if they are valued for their contributions to a city's physical, economic and social welfare. These values must be understood and translated Into costs and benefits before forestry can effec. lively compete for scarce tax dollars. A modern municipality will probably not choose, or be able, to fully care for all the trees in the city. 263 Given a set budget and forced by a lack of policy to spread it equally over a massive inventory of street and park trees, urban foresters are no longer even "caretakers" — they are "morticians." Trees demanding first attention will be those that are dead, blown down, or overgrow. ing street lights, sewers and utility wires. With limited budgets, the rate of removal will almost in. variably exceed that of replacement. A lack of care for the existing healthy stock only increases the death rate. Inexorably, our cities are moving toward the logical end of "no forest." In order for urban forestry to survive, clear reasons for healthy trees to exist must be stated, and stated in terms relevant to today's citizens. Furthermore, policies must be developed which permit forest managers to maximize benefits, minimize costs and demonstrate how trees can compete with other urban services as an efficient response to the needs and desires of city dwellers. Public policies which require ministra. tions to all trees in all places can never afford managers a shot at the "main chances" for urban forestry. With the assistance of the USDA Forest Service and researchers in the forestry profession, Dayton is beginning to develop a body of knowledge and strategy which could radically alter perceived values and the management of our ur. ban forest. Drawing upon the city's policy goals and the tools of cost benefit analysis, the Dayton Project is seeking to develop a comprehensive strategy for urban forest activity. Dayton's foremost goal, shared with most other older cities, is economic vitality, which could also be stated as economic survival. Trees will pro- bably never be a primary tool for economic development, but to the extent they attract jobs or residents, trees can play an economic role. The image of a community is an important aspect of its attractiveness to the investor. An attractive urban forest might play a role in the calculation of the amenities a given place offers. If a city wished to use trees strategically to enhance investment, it might give first attention to the airport, Interstate highway approaches, in. dustrial opportunity areas, and the central business districts. Seattle noticed a substantial in - 18aIa MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES iF 264 crease in lease rates and a decrease in vacancy on a commercial street planted with trees in preparation for the 1962 World's Fair. Similar, but unplanted, parallel streets displayed no significant changes A city might likewise use trees as a cost- effective means to soften or hide unattractive features. Several years ago, the New York Port Authority Installed 79,393 trees and other plants in the parking and terminal drive areas of the Newark International Airport.? The effect is strik- ing and improves the world traveler's first reaction to the Jersey meadows. There has been almost no research into the impact o1 trees or tree pro- grams on investor choice, nor has there been careful evaluation of the economic results of major landscaping efforts. A second policy goal for Dayton and other cities is neighborhood vitality. In view of a monumental investment in housing stock, public infrastructure, and public services, cities are fighting to keep their residential neighborhoods viable and com- petitive. Mature trees are an asset older city neighborhoods often have which cannot be found in newly developing areas. Not only are these trees a public asset, in their contribution to resk dent evaluations of a neighborhood's desirability, attractiveness and uniqueness, they are also a private asset to the extent they contribute to pro- perty values. There was been little quantification of the con- tribution trees make to an urban dweller's satisfac- tion with his neighborhood, the effect trees have on decisions to live in a given place, or exactly what impact they have on property values or the willingness of financial and insurance institutions to support urban investments. As aging forests decline and begin to disappear, it would be useful to know to what extent dissatisfaction and disinvestment follow. Dayton has a program called "Neighborhood Initiative," in which neighborhoods compete for $75,000 public in- vestments, matched by comparable im- provements to private property. Trees have con- sistently been the most requested public Improve. ment in the program. This choice, made in. dependently by the neighborhoods, underscores the assumption that trees do play a role in neighborhood vitality although that role is not well rn Bartenstein: Future of rban Forestry understood. If a city were to attempt strategic management of its forest for neighborhood vitality, it might iden- tify and concentrate on those areas where a mature forest is the most distinctive element of a neighborhood's character. The city might also seek to link forestry improvement with other pro- grams targeted in a given neighborhood, or at least ensure that new efforts are not undermined by forest decline. A city might seek ways to get residents interested and involved in forest management decisions for their neighborhoods, perhaps to the extent of special assessments, or direct participation in tree care. In some neighborhoods trees are not valued, and may even represent a liability. In particular cases, trees may be disliked for their lack of geometric symmetry or their interference with ar- chitecture or scenic views. Senior citizens may find it hard to contend with leaves or other fitter trees generate. These preferences should be taken into account in forest management deci- sions. In some areas, reduction or even elimina- tion of trees might represent a contribution to neighborhood vitality. A third policy goal for Dayton is maintenance of the city's unique character. The downtown area, the rivers, certain historic structures and other landmarks, and heterogeneity in terms of race, ethnic background, culture and economic level are considered distinctive characteristics worthy of preservation and promotion by the local govern- ment. This goal also presumes the maintenance and enhancement of public amenities, which offer rewards from living in the city which transcend those available from everyday working and home life. Public amenities include cultural institutions, parks and other recreational facilities, a high quali- ty of educational opportunities, entertainment and nightlife. The urban forest can offer amenity value beyond its contribution to other goals. Landscap- ing can enhance the appeal of the city's architec- ture, topography, landmarks and distinctive natural features. Trees can bring form, color and movement to an inanimate cityscape. They can draw the eye to desirable views and screen those which are undesirable. A well developed and MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I40INES 18a9� Journal of Arboriculture 7(10): October 1981 managed urban forest can be an amenity asset without regard to its component parts. The resi. dent or visitor looking out over a green city will note, and probably value, that characteristic. Measurement of aesthetic appeal is a difficult prospect as is development of management guidelines to maximize amenity values. A lack of aesthetic appeal in modern cities may reflect the difficulty of defining and managing for that characteristic, Until more is known, the most a city can do to strategically enhance forest amenity is ensure its planners are well endowed with design skills. A forest manager, in prioritizing resources for ameni. ty, might concentrate on identified landmarks, the city's most distinctive features (such as downtown or the rivers) and views from high places and major transportation corridors. Special attention might also be given to trees which have acquired landmark status by their age, location, rarity, or role in history. A fourth policy goal in Dayton is urban conserve. tion, or the wise and efficient use of resources. While objectives under this goal speak to preven. tive maintenance of the city's capital plant, they also cover energy conservation and protection of the urban environment. The least understood benefits of the urban forest are those offered to city health and liveability. In principle, urban vegetation should help moderate humidity, reduce the speed and volume of water runoff, reduce air Pollution concentration, and absorb enough solar radiation to substantially reduce energy demand for space cooling. In addition, vegetation can con. tribute to the comfort of Individuals by providing shade, windbreak, sound absorption, and an alter. native to heat -radiating concrete and asphalt sur. faces. Environmental benefits of trees In Germany, the Netherlands, and other parts of the world, the beneficial climatological effects of the urban forest are considered in land use policy.12 As land becomes more scarce and energy costs rise, citizens become more aware of the temperature and quality of air in cities. Cities in competition for economic development and residents are becoming more conscious of 265 climate and its impact on their viability. The Dayton Climate Project, begun in 1976. Is evaluating and applying methods for enhancing ur. ban liveability through modification of the city's surfaces and structures. Early in the project, trees were recognized for their potential contributions to the urban climate, and the relative ease with which their configuration can be modified within the existing cityscape. In late 1979, Dr. John Flynn, a forest meteorologist, was stationed by the USDA Forest Service in Dayton for 18 months to organize existing knowledge and recommend strategies for the use of trees in urban climate enhancement. It is too early to give foresters much guidance in how the urban forest might best be managed for environmental benefit. At this point, it can only be that more trees are better, and that for better air quality and reduced summer air temperatures, ef- fort should be concentrated in the city's upwind sector. Cost -benefit ratios are not known, but it would be valuable to calculate effects of an urban forest on a city's energy budget, and for air quality Planning, the amount of pollution reduction that could be attributed to the existing urban forest. In areas of the city where pedestrian comfort is im. portant (such as the central business district and neighborhood play areas) urban foresters can easily demonstrate obvious benefits of trees and other vegetation. I have identified four areas in which the urban forest can offer strategic response to urban needs. Before an urban forest management strategy can be complete, however, it must in. clude mechanisms for comparing the efficiency of forest strategies to other methods for enhancing a city's economic vitality,'neighborhood vitality, uni. que character and physical environment. There must also be consideration given to the costs an urban forest Imposes on the local government, its citizens and other urban services. Cost:benefit ratios Control of management costs must be ad. dressed in any urban forest strategy. An entire ci. ty's budget could be spent in pursuing just one of the goals mentioned above. A workable urban forest plan must allocate the expenditure of MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES L.. 1829cz, 266 dollars, time and personnel to produce the most effective package of benefits at a defensible cost. The best way to defend forestry -related expen- ditures would be to demonstrate how they achieve a desired result at less cost than alterna. tive means for achieving that result. This approach cannot be pursued without the reliable data which has so far been lacking in the urban forestry field. We can, however, apply common-sense criteria when prioritizing urban forestry expenditures. The two most important questions might be "Who pays?' and "Who benefits?' Trees on private land provide the greatest benefit to property owners. It has traditionally been the property owner who chooses, installs, maintains, and replaces private trees. Public benefits, however, clearly result from these pri- vate investments. It might be far more efficient for the local government to provide educational infor- mation, technical advice, or even assistance in the purchase, planting and maintenance of private trees than it would for a city to achieve equivalent results through the installation and permanent management of public trees. In Dayton, street trees are legally the respon. sibiity of adjoining property owners. We have I learned that except in rare cases (usually in high income, owner -occupied neighborhoods), the quality and consistency of maintenance is not suf- ficient to ensure survival of our street tree stock. Private street tree replacement has been almost non-existent. The economies of scale available to a large tree manager make common maintenance far more cost-efficient. Neighborhoods which desire a high level of tree care should be encouraged to create benefit. assessment districts which would provide for shared or totally private funding through a management contract with the city, or a private tree service. The case for such assessment districts can be made by demonstrating the "new profit" a property owner could realize through contributions of trees to his real estate's value, and the savings in cost and effort available to him through the district. The local government should limit its financial responsibility to those areas in which the private sector cannot act, or in which public benefits clearly outweigh the costs of pro- Bartenstein: Future of urban Forestry viding forestry service. There are resources that can be tapped to stretch the public dollar, or ensure continuation of an otherwise threatened forest amenity. These are the corporate and voluntary sectors, which stand to reap promotional or intrinsic rewards from "adopt a block," "adopt a tree," or "adopt a park" programs. Partnership with local government to ensure survival or enhancement of public land- scaping is not a new idea. Frederick Law Olmsted's 1882 pamphlet, Spoils of the Park, documented New York City's failures to ade- quately repair drains, provide police supervision, control vandalism and avoid the death and over- growth of Central Park's vegetation. A private Central Park association has been active since 1902 in supplementing municipal maintenance of that priceless resource.2 A cost-effective management strategy would also seek opportunities for the forest to help pay its own costs. Wood products such as firewood, Christmas trees, pulp, leaf mulch, and even raw building materials might be profitably investigated and developed by urban forest managers, de. pending upon local conditions and markets. Control of management cost implies the design and redesign of vegetation systems to require the least possible maintenance for the level and type of benefit desired. Areas in which masses of vegetation are planted for their effect on air temperature or air quality do not require the level of care given to landscaping aimed at increasing economic vitality of a city's commercial core. Forest investments are typically long-term in their cost and benefit implications. An excellent case can be made for placing a high priority upon plan- ning and design, and ensufing the capacity of per- sonnel assigned to those functions. Enhancement of the local urban forest management environment Is one of the greatest contributions researchers and state and federal governments can make to the control of urban forestry costs. Develop management strategies An urban forest management strategy which de- fines how trees can best serve urban needs and how management costs can best be controlled is still missing one very important dimension, and IfQ94, MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES _1 Journal of Arboriculture 7(10): October 1981 one which has resulted in numerous setbacks for the urban forest in the recent history of cities. That dimension is the control of external costs. Ur- ban forest managers must develop the ability to anticipate, control, and in some cases justify the costs trees impose upon citizens and other public services. The most critical area of concern in controlling external cost is that of public safety. Public safety has been previously mentioned as one of the highest priority concerns for urban dwellers. There can be no question that trees pose a hazard to the occupants of a speeding automobile. Under certain conditions they can create a fire risk that would not otherwise exist. Trees and other vegetation can also reduce the ability of police to provide surveillance of public spaces or neighborhood streets. Urban forest plans, through anticipation and control of safety risks, can avoid conflict within city bureaucracies or in public forums, without substantial reduction in the many benefits the trees provide. Similarly, urban forest managers must include in their cost -benefit calculations impacts upon utility service, street sweeping, storm sewers, street lighting and other municipal services. Urban forest plans should demonstrate that benefits or income provided through the program offset costs elsewhere in the public service network. Another element which needs to be considered in the control of external costs is the potential for negative impacts upon citizens and businesses. Blockage of signs, views, and architecture is one kind of negative impact. Also to be considered is the time and money spent in raking leaves, repair- ing windstorm damage, or repairing the utility ser. vices damaged by trees. In Dayton and other cities, existing urban forestry programs can be evaluated for their con. tribution to the city's economic vitality, neighborhood vitality, unique character and 267 liveability. We can also evaluate how well existing programs control management and external costs. Calculations of cost and benefit, and the resulting prioritization of resources, at this point can only be educated guesses until more is known about the urban forest and its measureable impact. Educated guesses, however, should improve public satisfaction and our day -today manage- ment of the forest within existing resources. Educated guesses and well conceived programs might even increase the number of dollars allocated to urban forestry. In the future, the competition for public funds and citizen demand for efficient use of those funds will require urban forest managers to equip themselves with more than guesses. The research task is substantial, but in my view ab. solutely essential to the survival of urban forestry. That survival will rely less upon new knowledge of how to care for trees than it will upon new knowledge of how trees help to care for people. References I. Soorstin, Daniel J. 1973. The Americans: the democratic experience. New York. 2. Fabos, Julius Gy., Gordon T. Milde, and V. Michael Welnmayr. Frederick Law Olmsted, Sr. 1968. Founder of landscape architecture in America. Amherst, Massachusetts. 3. Conover, Charlotte Reeve. 1932. Dayton, Ohio: an intimate history. New York. 4. Olmsted Brothers. yeport on proposed Park system foCaaa.Ohio. Brookline. Massachusetts. 5. Clifton, Grace R. 1912. Arbor and bird day manual. Issued by State Commissioner of common Schools, Columbus, Ohio. 6. Black, Marvin. 1979. Personal conversation. 7. Whitman Numery Company. 1973. Plant schedule and notes, Newark Airport Central Terminal Area Landscaping -Planting Project, Huntington Station, New York. , Administrative Assistant to the City Manager City of Dayton Dayton, Ohio 112 ICU N MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES