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HomeMy WebLinkAbout1996-08-06 Info PacketINFORMATIONPACKETi~ i~ ~ July 26, 1996 1 2 3 4 5 6 7 8 9 Memorandum from City Attorney: Update Memorandum from Finance Director: Achievement for Financial Reporting Memorandum from Administrative Assistant to the City Manager: Action Proposed Water Impact Fee Ordinance Annual Financial Report - Certificate of _~.~7~'. Memorandum from City Attorney to Dave Elias and Chuck Schmadeke: Request for Technical Explanation of Problems with Mercury in Wastewater Treatment Stream Letter from City Attorney to William Meardon: Connection Project: Winebrenner Ford Parcel Memorandum from Rob Winstead to City Manager: Muscatine North to Ralston Creek Minutes of the PATV Board of Directors May 16, 1996, meeting. Agenda for the Johnson County Board of Supervisors formal July 25, 1996 "Urban, Rural Fights Loom on Road Funds" (Novick) Wastewater Treatment First Avenue Paving - ~:~'~-~ meeting of ~F~. City of Iowa City MEMORANDUM Date: July 26, 1996 To: From: Re: The Honorable Mayor Naomi J. Novick and Members of the City Council Linda Newman Woito, City Attorney ~ Proposed Water Impact Fee Ordinance Update As suggested by the Mayor, I am forwarding a copy of the Portland, Oregon "System Development Charge" (SDC) for the City of Portland water system. You will note in paragraph 9 that the water connection/impact fee is based on the following information: The estimated replacement costs of existing water facilities, less depreciation. The SDC nets out customer contributions (user fees) and outstanding bond principal, and then adds in the value of construction. Peak-day design capacity, estimated retail peak-day demand and the current equivalent meters are combined with the cost basis of the value of construction "...to arrive at a unit cost of peak-day capacity, and a cost per equivalent dwelling unit". · The methodology using these various factors is attached. "Retail sales" is defined as a sale of water to customers, as opposed to "wholesale sales of water'' to towns or districts who, in turn, sell water (at retail costs) directly to customers. If you wish to adopt a "water connection/water impact fee" using the system development approach outlined in the attached Portland materials, I need the data and calculations for the Iowa City system from Public Works and Howard R. Green. I understand Cedar Rapids, Iowa is also looking at a system development charge for their water system. Apparently Oregon has adopted specific enabling legislation for two types of System Development Charges: one "looks backward" [the Portland example] and helps pay for past-built water systems on the princip!e of "buying into the existing water system." The second type of Oregon SDC "looks forward," on the principle of helping to pay for future growth, and is designed to help water districts and cities experiencing high population and business growth. In discussing the Council's request with Ann Conway of Portland's Finance Department, she thought perhaps Iowa City would be interested in reviewing the Tuwalaton Valley Water District which has a "forward-looking" ordinance. I am in the process of obtaining a copy of the Tuwalaton ordinance. Please let me know if you need anything else prior to your up-coming Council work session to discuss this topic. In the. meantime, staff will be meeting after Steve Arkins returns from his schooling. City Clerk City Manager Assistant City Manager Chuck Schmadeke, Public Works Director Don Yucuis, Finance Director Ed Moreno, Water Superintendent Sarah Holecek, Assistant City Attorney Ralph Russell, Howard R. Green PORTLAND, OREGON BUREAU OF WATER WORKS WATER RATES e Beginning July 1, 1994 · BUREAU OF ENVIRONMENTAL SERVICES SEWER RATES Portland, Oregon WATER RATES Beginning July 1, 1994 Ordinance No. 167691 Prescribe the rates and charges for water and wat0r- related serv*ces by the C~ty of Portland effective July 1. 1994 and July 1. 1995 (Ordmance) The Clly of Poland ordains: Section 1. The Councd finds: 1. Pursuant to Sacban 11-105 of the C~ty Charter. this Council I~as determined revenue redmraments ne~'ded to cover Bureau of Water Works coals. and the Commiss~oner-mocharge of the Bureau of Water WOrkS recommends the rates and charges i~urescrib,ed harem be adopted m order to meet the reau Ol Water Works' revenue redu~rements far the fiscal years beginrang July 1. 1994 and July t. t995. 2. This Ordinance has been approved by the Office of the C~ty A~tomey. NOW. THEREFORE[. The Council d[racts: a. Not withstanding Section 21.16 010 of the C~ty Code. City Council fixes the following rates and charges for the uSe of water related services beginning July 1. 1994 and provides a second year rate for the service charges and c~ty commodity rate b~ginnin9 July'l. 1995. The second year rate is based on the revenue requirements for the second year of the Approved Budget and the Bureau or Water Works 1994-95 Ten Year Financ,al Plan. An ordinance to establish wholesale rates and outside city retail rates lot liscal year 199.5-96 will be presented to City Councfi pursuant to Sechon 21.16.010 of the City Code. 2 SE[RVICE[CHARGE (a) Amonthly. orquarteriy. serv,cecharge. oased¢ a 365 day year. shall be lewe(l on water serv~c e connected d~ractly to the C~ly system Tr serv, ce charge shall o~ ,n edd,t~on to the rat~ charged for waist used and char9ed accoroar to the srze OI the meier or untostereO service ~: follows (~) Jury 1. 1994 July 1. 1995 Monthly Monthly Charge Charge ME[TER SiZE d0 42 days) [30 42 da¥s~ 5/8" & 3/4" $ 443 $ 470 1" 7.80 831 1.1/4" & 1.1,'2" 13.40 143t 2" 20.13 21.62 3" 35.82 38.33 4" 5824 62.35 6" 114.30 122 39 8" 181.56 19445 10" 324.60 347.69 12" 520 78 557.85 16" 927.04 993 06 30" $1,683.73 $1,803 68 F~re protection service size is based on the of the pipeline entering the property. The service charge shaft apply to any unuse water service when the owner. other city. wats d~strict or water company des;res the servicet: retained for future use. Failure to pay the char§ within s~xty (60) days of the billed charge shall sufficient cause for the service to b disconnected Irom the main. The Administra,4 of the Bureau of Water Works may d,rect waiver of the charge because of a special nee to retain the service when the public health ¢ welfare or the conyamerica of the Bureau served. 3 4 (c) The Adm~mSti'ator of the Bureau of Water Works w~[I implement a special request monthly Ophon. The Administrator will report to Council when this ophon is available. The charge for ophonal monthly bills w~11 be $0.65 per month. (d) The Admimstrator at the Bureau of Watar Works together with the Director of the Bureau ol Enwronmentsi Services si~afl develop admin. istrat~va rules tO determine qualiflcaUon for a low income customer discount program. The program costs wdl be shared bythe Bureau ol Water Works (BWW) and the Bureau ol Environmental Services (BE[S). Low income customers qualified pursuant to these rules will receive a monthly d,scount beginning Janus,/ 1. 1995. The discount wdl be as follows: January 1, 1999 July 1~ 1995 Annual O~scount $50.40 $55.20 Monthly Oiscount 4.20 4.60 ~ES Share 2.95 3.25 BWW S~are 1.25 1.35 (e} Services equipped with bacldlow prevention devices Or detector check matering dewces located in vaults owned by the City shall be charged as follows: July 1. 1994 July 1. 1995 Monthly Monthly C~arge Charge METER SIZE (30 42 daxD. {30.42 days) 5/8"&3/4" $ 6.35 '- $ 8.61 1" 979 10.30 1-1/4" & 1-1/2" 15.79 16.70 Z' 23.77 25.16 3" 4223 44.74 4" 66.34 70.4~ 6" 125.75 133.85 8" 200.10 212.99 10" 349.11 372.20 (f~ All services equipped with backflow prevention devices or detector check metering devices pay a monthly charge of $0.31 per device for record maintenance and notification. COMMODITY RATE For water used through metered services. the charge p~r 100 cubic feet Rail be as follows: (a) Inside C~ty Boundaries {1) Average Retail Rate: July it 1994 July 1, 1995 $0.845 $0,90 (2) Block Rates. Residanlial and Commercial block rates are as follows: July 1~ 1994 July 1~ lg95 8~ock 1 $0825 $0.88 Block 2 0.995 1.06 Block 3 1.235 1.32 FOr purposes of this ordinance monthly residential blocks allowanCeS are as follows (curtailment afiowances defined separately): Block 1 U~ge up to and including 1,200 cubic feel Block 2 Usage over 1.200 cubic feet and up to and including 2,000 cubic feet. Block 3 Usage over 2,000 cubic feet (3) For purposes oJ th~s ordinance cammarc blocks allowances are as follows (curtre!me allowances dehned separately): Block 1 Usage up to and including 1.4 times the average monthly use accounL Block 2 Use(~le over 1.4 braes and up to and including 2 braes the averag- monlhly use per account. Block 3 Usage exceeding 2 §mss the average monthly use per accour For pur~'OSeS of this oral,hence muit:far~ residents are considered tO be commercial a charged at the commercial rate For purposes ol th~s ordinance the "avers; monthly use per account" ,S the average of iramad,a/ely precedm9 twelve months ach. use (a 12 month roIhng average). The Administrator of the Bureau of Water Wcr- may invoke curta,lment rates to address sendus water shortage. The Bureau w~ll tepo~ Counc,I prior to implementing cu~a,lment rate Cu~tadment rates are as follOwS: July 1r 1994 July 1~ 19.c_ B~ock 1 $0 825 $0.88 B~ock 2 2 bmes block 1 1.65 1.76 Block 3 4 times block 1 3.30 3.52 The water consumption allowed in each will dellrid on the pe~cular ~Jl~ly ~ituabc Residential blocks wdl have a specific war. allowance in each block. Commercial bloc~ will be based on account average montr usage times an arrowante factor. The Burez will ,nclude lbs water consutopian afiowanc end allowance factors in the repod to Coum prior Io implementing curtailment fates. favorage rate) $ .361 GNR Corporation .620 Green Valley Water Co. .464 C~ty ol Gresham .317 HazelwoOd Water District .461 H~deaway Hills Water Co. .414 Lorna Wafer Company .389 Lusted Wafer District .417 Pleasant Homo Water Dietrct .545 Powell Valley Rood Water Distrct .369 RockwOOd Water District .374 Skyview Acres Water Co. .471 Westside Water Company .337 S~rvlce Area 2: Receiwng water from grawty transmission system (average rate) $ .830 Palatine Hill Water Dietrct .889 Burlington Water DistriCt .432 Service Area 3: Receiving water from pumped I~ansmission system (everage rate). $ .716 Lake Grove Water Dialdot .g13 T~gard Water District .544 Valley View 1.023 West Slope Water District .672 Service Area 4: Receiving water from gravity supply d~stnbution system -~ervlcs Aras 5: Racewing water Irom Washington County gravity Supply system (average rate). $ .461 Tuatatin Valley Waist O~strct .459 Raleigh Water Oistrct .413 City ol Tuatebn .485 Geographic descripbons ct the above service areas shall be mmntained on hie at the Bureau of Water Works. (2) Serve~ directly by t~e Cdy that are not other distributors. Receiving water from supply conduits average rate $.361 Residential and commercial b~ock rates are as follows: Block 1 3.361 Block 2 $.434 Block 3 $542 Receh, ing waler from distribution system average rate $1.189 Residential and commercial bloCk rates are as follows: Block I 31.189 Block 2 $1.426 Block 3 $1.783 Formerly sewed by the Parkrose Water District $ .693 Forreedy served by the Sylvan Water Distrct $1.077 (3) Water sewed to non-contract water purveyor.~ on an emergency basis may be charged rate., calculated in the following manner andcharger at the discration of the Administrator of Bureau of Water Works. (a} Short. T~m Emergency Retea: Rates ~ water purchases of a durabon Of ti con SeC ubva days or less Mlati be the aura m subsection a. 2~0}(1) plus a 20 petra lb) Long-Ten'n Emergency Rett~: (purrhas ot water for more than five coneacub days} Shall be the sum of the highest r~ in the relevant semica area set forth subsecbon a. 2Co)11) plus a 10 parco admin,strative fee. Any incremental co.' incurred by the city Io provide the serw wdl be added to the caste determined abo~ "Emergency" means an unforeseen circu~ s~ance or combination ol circumstances the resulting state that calla for immed,a acbon. (c) Water wdl be furnished at Inside C Boundaries Commodity Rates to continuous budding having 50~a or rnere the area of the building located within tl City boundaries. All other StrUCture buildings. shops, dwellings and/ sprinkling systems or parts thereof who outside the City Boundaries. sr~ail I supplied by separate services and mete, and shall be charged the Outside C Bounearlea Commodity Rate. The sapera meters and services shall be furnished m installed at the expense of the owner of tl premises. 3. OTHER WATER USAGE [:or the use of tire hydrants or unmetsred sarvic, the charges shall be as fOllOwS: (a) Permit and usage charges (1) Annual hydrant permit (all permits expire December 31. each year) M~nimum charge per calendar quarter or part thereof: $643.(30 This minimum charge includes 5.000 gallons or 700 cubic feet. (as measured by the partort holder) (2) Temporary quarterly permit for measured water. $60.00 Th~s m~nimum charge includes 5.000 gallons or 700 cubic feat. (as measured by the permrt holder) (3) Measured water usage above the mlnimum charge m paragraplla 1 & 2 above. .July 1~ 1994 July 1~ 1995 each additional 1.000 gal $1.130 $1.20 or part theroot Or each sddibonal 100 cu feet .845 or part thereof (4) Temporary parm~t for unmeasured water usage: By the Day:. First day or part thru'sol $46.00 Each additional day or part thereof o. $2.1 (5) All annual permit hold~a un~' this a re required ~o report water ulega wPJlin 15 days of the end ol eacl~ ~ qumlm,. Additional ~'mrge f~' ~nual permit holder1 nct rep<~thg wate~ within flitsen ('15) dayl el the 10 lb) In addition. the costs of at~andant(a) and equipment shall be chardled Ior as pro;~d,"d in Section 5.48.030 of the C~ty Code. (C) The Bureau ol Water Works may require a deposit for hydrant use permits and/or rented equipment. The deposit may be applied to the cost o! water attendant{e). the ea~oo charges and/or equipment furnl~ed by or rented from the Bureau of Water (d) Oaily rental rate for hydrant valve and/or wrench; First three (3) days or part thereof $ 9.00 Each additional day or part thereof $ 3.00 (e) The Bureau olWater Works may require a meter to be installed. The renal rate tor meters shall pa as lollowe: F=rst ten (10) days or part thereof $11.50 Each additional day or part thereof $ 1.15 Maximum charge per month (0 Whenever the potential contamination or polJution ol the City water supply may axial the Bureau of Water Works sha]! require an approved back(low prevention device be metalted. The reotaJ rate st~di be ea reftowe: 2" double check valve; first three (3) days or part thereof $ 9.00 Each add~onal day or pro1 thme~f $ 3,00 (g) Improper use of rite hydrant or unmlt~'ed service, or usa of fire hydrant or unnmtered sardce without pa~mft, each time hydrant or ~tCe ia accessed. a pro~l~ lot In ,~on 5,48.030 of the City Code. (h) Flow tesUng a fire hydrant $100. [i) W~en there are extraordinary C~rCumstanc~ the Adminis~'ator of the Bureau of Water Wor may adjust rates for using the hydrants. 4. SERVICES FOR FIRE PROTECTION SERVICE CHARGES (s) Metered setvlces used exclusively for li protection shall be charged according to t size of the pipeflne anlering the proper~ provided for in subsection a.l(a.) of tt Ordinance. Unmeterad firelines shall charged a service charge at ten {10) times t; normal rate as prescribed in subsection a.l(a) this Ordinance` lb) COMMODITY CHARGES (1) Water regiaterad on detector check meter, f.elines. or eat,mated on unmeter~ firehne$. and used for testing. s~all charged for at the commodity rat prescribed m subSecnon a~ of Ir Ordinance. (2) Water used as a result of leaks on firehn, shall be charged for at three (3) times tl commodity rates prascri~ in e.2. of th~$ Ordinance from the time noti§cation, if repairs have not a~led s~x~,/(80) days after nedrice,on of ~ch I~ by the I~rsau of Water Work,, If firali~ leakage has nct ~ oontrolled after o~ m, ndred elgh~ (180) days. water used be ohar~ed for at te~ [10) dm~a tl commorl~t~ rate from the time ol In edd~on. the fireline se~,.ice will I regarded as a domestic ~ce and eobie to me provil~o~a ~ ~b~eolt~n a.4.b.(31 this Ordinance. '2 $. STANDBY SUPPLY CONNECTIONS 6. PAY STATIONS Pay stabone authorized by City Code Sectio~n 21.16 100 shall be compensateq at the rata of ~'~0.35 {Reminder Notice) $2.50 Pre*shutofi Notice (3) VV~en the billgoes to Si~ut-off Shut Off and On Notice $22.50 13 Atler the water has 13~n shut off for non- paymenl. the pr0ws~cn el Seeben 21.16.030 el the C~ty Code pertaining to delinquent water bdls, shall apply. (c} Addibonal charges lot non-payment el bfil or unauth0nze~ water usage: (1) (2) Removal or Rs-installation of meter or removal ot spacer or standp~pa $45.00 ShuaJng off water at mmn or reinstating sewice or plugging or crimping service and unplugping or uncrimping service As provided m S~CtiOn $.4~.030 el the City Code. (3) Check returne~ by bank for non-payment $25.00 (d) For decreasing the size of the meier AS provided for in Section 5.48.030 of the City Code. (e) (1) For increasing meter from 5/8" tO 3/4" (plus SDC d~lferential) (2) For increasing the size el meters larger than 5/8" As prowdab for in Section 5.48.030 of the City Code. (plus SDC ddferential) For testing water meters at consumer's or owner's request: 5/8", 3/4" or 1" 1W'. tW' or2" Larger than 2" AS provided for in Sacben 5.48030 of the C~ty Code. $60.00 $75.00 14 purSuan110 Section 21.12.350 el Iha C~ty Cc, AS prowdad 10r m Secb0n 5.48.030 of the C~ Code. AS provzded for in Section 5.48.030 el the Cdy Code. meter. $25 (1) For searching records to prowde h~stor. bdling data. Cost per year of data for in Section 548030 of the C~ty Cc. 8o 15 16 (k) A deposit may be required as a condition of service prowdad for in Sacben 21.16.085 of the C,ty Code. (I} SPec,al services requested by the consumeh owner or other person may be charged for as prov,ded for ~n Section 5.48.030 olthe C~ty Cods. A wntten request and/or deposit may be required. (m) {nacbve accounts may be bitleq for charges related to account mamtsnance. CARRYING CHARGES BfilS ~ssued by the Bureau of Water Works which ramran unpaid tot more than Ihhly (30) days are SubleCt to a carrying charge ala rate el 9~ per year {0 75% per month) on the unpaid balance including DrewDue carrying charges. The carrying charge shall be computed monthly unbl the bdl ~s paid. Carry:ng charges may be added Io extended ams Daymenl plans. 9. SYSTEM OEVELQPMENT CHARGE (at A System Development Charge (SDC) will be lewed for each new water service (and on ,ncreases in the size ol Old connections) connecting to the C~ty watsr system insida the C,ty bou ridaries. The charge will be according tO the s~ze of the service andwill be payable at the bme ot application for service as tellow& Size of Mate/service Charge 5/8" S 629.00 3/4" 944.00 t" ~ ,573.00 I W' 3,146.00 2" 5,003.00 3" 9,438.00 4" 15.72~.00 6" 31,458.00 8" 50.334.00 10" 90,474.00 charges for larger metsf s~zes available upon request (b) {c) (e) Th~s SOCts in accordance with ORS 223.297- 314. The SDC ~s a reimbursement fee based on the ashmated replacement COSt Ot exlsting water laCd~bea. less depreciation. which serve fetad Customers. The SDC nets out customer contnbahons and outstanding bond pnncipal. whde adding the value of construction in progress. to amve at a cost basis for the retail service area. Peak-day design capacity, estimated retail peak-day demand, and the carte nt equwa~enl meters are combined with the cost basis to arrive at a umt cost O! paak-day cape city. and a cost per equivalent dwelling unit. 'me methodology is available for public inspecbon. New water service connections solely for temporary conslruc[ion waist or fire protscbon purposes Shall be exempt from payment of the SOC. The convers~or~ 0f an exisbng fireline to a serwce for use other than fire protection or the continued use Of a fireline for other than fire prolect~on shall reqmre the payment Of the as provided for m (at. In the event a service has been removed prior to re¢onnectiOO or esta~li~lmg a new connecteD. the person desiring a new connection shall pay a SDC only on the difference in charges between the s~ze of the previous connection and the new connection being requested. If me sarwce was removed morethan 3~ months lO reconnection the ap~icant must pro'~de proof of payment of the origma] SDC of ~'O~)l of the axislance of the original ~ce. No $OC c~edit for a pmwousiy paid $DC will a~ly w~ a smaller connection ie reqae~ed. 10, CHARGES FOR INSTALUNG SERVICES (a) 3/4" serwce w~th 5/8" meter. basic charge; $825: plus. fore 3/4" meter, 14 plus. if paving is required. 130 (b) 1" service. basic charge; $995: plus, if pawng iS required. $130.C (c) Larger than 1" service AS prowdad for in Section 5.48 030 of the City Code. (d) An exception Io the above charge wdl be mac tot any service installed within the Downto,,. in Section 5.48.030 of the C~ty Code. (60) feel on a pro.rata footage The water rates and charges fixed by th~s Ordinate shall be in force and effect ~rom and after July 1.1 Ordinance. are hereby repealed on and after July 1~J4. PA3.~KI by the Council May 25, 1~J4 A~sl: BARBARA CLARK Audit o! the City of Pofl~nd SUMMARY OF SEWER RATES T elollow,ngsummsryisbasedontheprovisioneotCi~y Charier. Sechon$1 t -3(}2 and 11.303, and the Ci~ Code Cnap;er 1736 as ame~dod. Chap;st 17.36 SEWER SERVICE CHARGES SUMMARY ,Saintsty rates apply to every ~opany using a puUic sewer or sawers. Stormwater rate- apply to avery oro~3eny with,mpervious areas; ualng Ci~ storm ayste~- aOTE: T~e Cid/Council may. by ordinance. at any Ume ,norease any of the following rates af'~er public he~tng$. COLLECT{ON OF CHARGES ~'he sewer user service chargeis to be repaid monthlyor quakefly to the B~rseu of Water Wofk~. Any bill for a sewer user service ch-rgs w~ether ,~c uded w t~ Ihe water bi{I or not, ~a]l ~e delinquent if ~ot pa,d wi~in 90 days of due date. SEWER USER MONTHLY SERVICE CHARGE TASLE OF RATES AND CHARGE~ EFFECTIVE JULY 1, 1~4 MONTHLY RESIDENTIAL ~CCOUNT SERVICE PER MONTH ............. ,/OLUME RATE PER 100 CUBIC FEET .......... $I.9~ 3RAINAGE OF IMPERVIOUS AREA :~ERVICE PER 1000 SQUARE FEET ............ $1.88 19 20 LOW-INCOME DISCOUNT .................... $2.96 ,~ANITARY SEWER CONNECTION CHARGE (,~ngle family taSiglM[ial ~,~lly. lfflC~'e~ January 1.1995) Effective July 1, 1994 COMMERCIAL/INDUSTRIAL ACCOUNTS SERVICE CHARGE Monthly Quakefly VOLUME RATE PER 100 CUBIC FEET nRAJNAGE SERVICE COMM ERCUU../INDUSTRiAL Per 1,000 ~uare feet of Impervious area INDUSTRIAL EXTRA STRENGTH RATES BOD RATE Per lb. ol BOD in excess 300 mg/I SUSPENDED SOUDS RATE Per lb. of SS in excess of 350 mg/I SPECIAL COOUNG WATER RATES BASE CHARGE Per Special Sul~netar VOLUME RATE--CLEAN WATER TO A COMBINED SEWER Per 100 cubic feet VOLUME RATE--CLEAN WATER TO A STORM SEI/VER Per 100 cubic feet CONNECTION CHARGE Per Equivslent Dwelling Unit $8.49 SANITARY SEWER TRUNK $20.61 ASSESSMENT CREO~ Per Equiva~enl D~elling Unit $2.0~ Properties preylouSy assessed for Izunk service [N-UEU-OF A,.ci~ESSMENT CHARGE~ ~.~ UNE CHARGE Per ~uare F~t B~NCH CH~GE Per ~an~ U~ ~314 ' For Wye or T~ only $1117 $1.050 $1.21, $1,40.= $155 I 1' R6:C E I~/~. D J U L 2 ~. 1996 CiTY ATrOR~E¥'S OFFICE In accordance with ORS 223.2~-~'~4. '---- CITY OF PORTLAND Bureau of Water Works Systems Development Charge Cost Basis iTEM AMOUNT Net Retail Water System Plant and Equipment at Replacement Value $324,880,579 Less: Principal on Outstanding Retail Water System Debt Systems Development Charge Cost Basis (81,007,077) $243,873,502 Retail System Average Day Consumption (MGD) 61.15 Ret~11 System Peak Day Consumption (MGD) 120.63 Current Equivalent Meters 332,832 Estimated Peak Day Consumption Per Equlvalant Meters (Gallons) 362 Retail System Peak Day Design Capacity (MGD) 141 Unit Cost Per Gallon of Peak Day Design Demand $1.74 Cost Per Equivalent Meter $629 MGD - Mllllon$ of Gallons per Day Source: Bureau of Water Works CITY OF IOW, CITY Memorandum To: City Council and City Manager From: Don Yucuis Date: July 24, 1996 Re: Annual Financial Report -- Certificate of Achievement for Financial Reporting I am pleased to notify you that the City's comprehensive annual financial report (CAFR), for the fiscal year ended June 30, 1995, qualified for the Government Finance Officers Association's Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting. The GFOA is a nonprofit professional association serving 12,625 government finance professional with offices in Chicago, Illinois, and Washington, DC. This is the eleventh year in a row that the City has received the award. NEWS RELEASE CITY OF I0 WA CITY July 24, 1996 Contact: Don Yucuis, Finance Director 356-5050 The Certificate of Achievement for Excellence in Financial Reporting has been awarded to the City of Iowa City by the Government Finance Officers Association of the United States and Canada (GFOA) for its comprehensive annual financial report (CAFR) for the Fiscal Year ended June 30, 1995. The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. The CAFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a constructive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR. The GFOA is a nonprofit professional association serving 12,625 government finance professionals with offices in Chicago, and Washington, D.C. This marks the eleventh time the City of Iowa City has been awarded the Certificate of Achievement for Excellence in Financial Reporting. CIVIC CENTER · .~[O EAST WASHINGTON STREET · IOWA CITY. IOWA $224,0 · (319) 356. S000 City of Iowa City MEMORANDUM TO: FROM: DATE: RE: City Council Lisa Handsaker Administrative Assistant to the City Manager July 26, 1996 Legislative Action Attached is a table indicating how our State legislators voted on selected bills. This is in response to a request by Council Member Baker. LEGISLATIVE ACTION File~ HF2140 HF2!65 HF2190 HF2256 HF2259 HF2421 SF2372 SF2449 SF2464 Description Neuhauser Y N I AJNV Motor Fuel Tax - Clarifies that fuel tax is now imposed on transit systems and is subject to refund. Requires designated fuel to be sold directly to an X exempt entJly for an exempt purpose to qualify for refund, Machinery and Equipment Taxation - Extends the same tax treatment to machinew and equipment located within tax increment financing districts that X 1995 legislation extended to M&E located elsewhere. Publication of Notices - Allows city ordinances to become effective upon publication of a summary of the ordinance, rather than the entire text, as long X as it cieady depicts the intent of the ordinance. Federal Block Grants - Estabhshes legislative intent and provides requirements for implementation of new or revised federal block grants that X affect political subdivision. City Sewer or Water Utility Connections - Establishes procedures for connecting to city sewer and water utilities, including requirements for giving X notice to affected property owners. Expands the type of costs that may be assessed, Transportation, Infrastructure and Capital Appropriations - Creates physical infrastructure financial assistance program and appropriates funds X for infrastructure development projects. Shifts $1m for trails from Road Use Tax Fund to other sources. Rental Agreement Termination. Cladties the notice landlords and tenants, including those in public housing, must give each other regarding tenruination of a rental agreement. Such notice may be given in person or by certified mail Tax Credits - Changes computation of: inflation factors for tax brackets and standard deduction under the individual income tax; taxable income of shareholders of certain subchapter S corporations; increasing amount of appropriations for homestead... X X Tax Increment Financing - A bill for an act relating to housing development, including tax increment financing, providing for the assessment of certain property for tax purposes, X Dvorsky Y N NNV X X X X X X X X X Y X X X X X X X X rer I MascherI Myers I,AJNV Y J N I A/NV Y I N I A/NV X X I x x j X X x j X I X X X X X ~ X X J X Doderer N X Pne!oared by Lisa Hanclsaker 7125/96 City of Iowa City MEMORANDUM Date: July 26, 1996 To: From: Re: Dave Elias, Wastewater Treatment and Solid Waste; Chuck Schmadeke, Public Works Director Superintendent ~ Linda Newman Woito, City Attorney Request for Technical Explanation of Problems with Mercury in Wastewater Treatment Stream I was recently requested by the City Council to ask your assistance in providing an explanation as to why the levels of mercury are so difficult to sample and test accurately. As you know, this issue arose from litigation, now settled, with the Iowa Department of Natural Resoumes and concerning an administrative order, which directed the Iowa City Wastewater Treatment System to decrease the amount of detectable levels of mercury in the wastewater effluent stream. As I understand the situation and as previously explained to the City Council, the problem is one of protocol for testing of detectable levels of mercury in the Iowa River, as well as testing of the Iowa City wastewater effluent stream. As I understand it, split samples have been conducted by two different laboratories, with confusingly mixed results. Also there seems to be no discernible reduction in the tested mercury levels -- even after the University of Iowa changed its laboratory drain traps. Since I am not able to provide a more technical explanation than the above, I suggest that Dave Elias, Chuck Schmadeke and perhaps Dick Northam provide a more scientifiu explanation. The explanation does not have to be terribly detailed, but please give me a call regarding this request so we can pass the information on to Karen Kubby and the Council. CC: City Council City Clerk City Manager Assistant City Manager InW~a724.mmo July 25, 1996 CITY OF I0 WA CITY William L. Meardon Meardon, Sueppel, Downer & Hayes PLC 122 S. Linn Street Iowa City, IA 52240 Re: Wastewater Treatment Connection Project: Winebrenner Ford Parcel Dear Bill: As agreed, I talked with Tim Randall, the City's Inspection Superintendent, concerning the expected schedule of completion for the contractor's work on the above Project. I also talked to Tim as to whether Winebrenner Ford can, indeed, use the show room for displaying cars other than those currently in the show room. With respect to the first issue of scheduling, Tim reports that Parks Construction, the City's Contractor, is installing dewatering/water table monitoring wells south of Winebrenner Ford, and that dewatering will begin soon. This means that at the end of next week, or approximately August 2, 1996, the Contractor will be ready to lay pipe in the Winebrenner Ford easement area. Backfilling of the pipe will take at least another week. Tim hopes the Contractor will be finished with reinstailing the conduit for the Winebrenner Ford parking lot lights and the parking lot partially paved by August 23, 1 996. As for your question concerning changing cars in the Winebrenner Ford show room, Tim Randall did, again, state that there was sufficient maneuvering room to put different compact and midsize cars into the show room, although admittedly the area is tight. Nonetheless, with some rock as a ramp for maneuvering into the show room, changing cars was "doable"--if Winebrenner Ford so chose. Again, the City of Iowa City is eager to cooperate in any way with laying down whatever rock is needed to facilitate changing the cars in the show room during this next few weeks. Finally, Parks Construction chose to remove dirt from the excavation in the Winebrenner area, rather than store the material on the site. This clearly improves the aesthetics, and improves the usability of the Temporary Easement area for Winebrenner Ford's business--both as to sales and service. William L. Meardon July 25, 1996 Page 2 The City looks forward to minimizing the inconvenience to Winebrenner Ford, as well as to property owner Diane Druesicke-Riley, and we look forward to having the City's Contractor complete the work in a swift and efficient manner. Cordially yours, m(~wman Woito City Attorney cc: Chuck Schmadeke, Public Works Director Tim Randall, Superintendent/Inspection City Council City Clerk City Manager, FYI Assistant City Manager, FYI ba724~t Date: To: From: City of Iowa City MEMORAND Rob Winstead Re: First Avenue Paving - Muscatine North to Ralston Creek Metro Pavers, Inc. of Iowa City began corotruction of this project on Monday July 8, 1996. They have indicated in their project schedule that all work will be completed by mid October 1996 (weather permitting). First Avenue from Muscatine Avenue to D Street will be closed to through traffic during this time period. Construction of a right turn lane on the east leg of Muscatine Avenue will require channeling Muscatine Avenue into 2-lanes (one lane for each direction) in the vicinity of the First Avenue intersection. Metro Pavers indicate that this will take place near the end of the project in late September 1996. Project phasing allows vehicular access to all affected businesses and residences throughout construction. We intend to provide some additional construction signing to guide pedestrian traffic (South East Junior High kids) around the project prior to the beginning of school. cc: Chuck Schmadeke Final Version PATV BOARD OF DIRECTORS THURSDAY MAY 16, 1996 MEETING ROOM C, IQWA CITY PUBLIC LIBRARY Present: Maurer, Hayward, Randall, Stevens, Wurtzler, Murray, Grube Absent: Esslay, Painter Staff: Paine BTC: McKray Public: Steven Cree, Marjorie Hayden-Strait, Bob Norris, Grsg McCallurn, Barbara Hackman Open Discussion of Series Policy and Statement of Responsibility/Guidelines Policy Maurer called the discussion to order and outlined existing PATV policies. Guidelines: Hayden-Strait questioned why the Guidelines Workshop had been extended to three hours and suggested that a portlon of the presentation use videotape or some other style of presentation. McCallurn echoed this view. Cree, who recanfiy retook the workshop, characterized it as time well spent, encouraged longtime community producers to retake the workshop, and suggested that should a videotape be used the current highly Interactive dlscusslon also be continued. Consensus was reached that program providers as well as producers should continue to be required to participate In the Guidelines Workshop. Prime-time Series Policy: McCallum and Hayward described the difficulty of producing certain types of shows regularly enough to conform to the existing policy. Hayward pointed out that he and the other producers of "Naughty Pooh Pie" categorize their productions es "real" shows that require substantial post-production and "quickie" shows produced Just to conform to the pollcy. Cree expressed concern that PATV devise a policy that minimizes reruns In prime time to keep the channel interesting. McKray proposed some form of seasons that would allow reruns after a period of six months or so. Hayden-Strait asserted that any policy must Involve some flexibility. Norris described some of the procedures at SCTV, specifically the reprogramming of so-called "evergreen" shows -- programming that continues to be InterssUng long after its Initial production. Local producers then exchanged Ideas on how to limit post-production efforts. Maurer refocussed the discussion by asking If a consistent time-slot was Important to producers. Norris, Cree, Randall, and Hackman all said it was. Hayden-Strait disagreed and suggested that ssrles programming was not necessary either. McCallurn observed that our policies and the discussion of prime-time scheduling favor certain program formats, noting that shorter video pieces (i.e. two minutes In duration) are not easily accommodated within our schedule. Hayward proposed a new prlme-Ume series policy in which producers would agree to produce four new shows in a twelve week season. Each of these four show~ could be cablecast twlce and the producer could submit older shows for the remalnthg four weeks. The open discussion adjourned. Maurer called the formal Board of Directors Meeting to order. Approval of April Minutes: Minutes approved as amended after moved by Hayward/Stevens. Board Announcements: Randall announced that she had just received an acknowledgment of her entry in the ACM Hometown Video Contest. Public Announcements: There were no public announcements. Reports: BTC: McKray reported that former FCC Commissioner Nicholas Johnson attended the last BTC Meeting and encouraged the Commission to challenge TCI's increase in cable rates. She also reported that the Johnson County Networking Group was meeting in a different room In the library. Library: No report. Chair: Maurer reported on the contract negotiations between PATV and the cities of Iowa City and Coralville. Because of the delay in the Coralville franchise agreement with TCI, it Is no longer certain that Coralville will be included In this contract to provide public access services. Maurer described PATV's proposal to use interns and volunteers to videotape local events and thereby provide some community programming. He further reported that this contract will Include stipulations regarding a process for assessing PATV's pedormance. Although the specific criteria will be agreed upon within six months of the execution of the contract, two recent negotiating sssslons were largely devoted to developing assessment procedures. Randall expressed concern about those criteria and asked when the negotiating team would provide the Board with a draft of the contract and assessment criteria. Maurer will provide this Information to the Board prior to the June BOD Meeting. Maurer then showed the Board an advertising Insert from his recent cable bill and noted that TCI p~ovldss advertising space for a fee. Financial Committee: The Committee had no report. Paine explained the discrepancy batween the amount of payroll taxes paid during the last fiscal year and the amount budgeted for this fiscal year. We overpaid last year. Paine also apologized for the absence of a monthly budget report in the Board packet, explaining that the accountant had a ~emily emergency." Administrative Committee: Maurer reported on a conversation with Greg Esslay who Is unsure about continuing to serve on the Board. Discossion turned to procedures for filling vacancies on the Board of Directors. Wurtzler pointed out that procedures and a timeline were developed last summer and should be described In the meeting minutes from July and August of 1995. Outreach Committee: The Committee had no report. Management: Paine thanked Board member VIcky Grube for her participation In the hiring process for the tape wrangler positlon. Heather Russell was hired and her first week went well. Paine announced that PATV's two summer lntems, Alison Coffey and Josh Kamen, will spend most of their time working on productions such as the Iowa Arts Festival, the Friday afternoon concerts on the pedestrian mall and staff-assisted series. Paine circulated a study outlining methods to Increase PATV's visibility In the community. The study was produced by former staff-member Megan Rlle's public relations class. The study will be available in the Access Center for interested Board members. Paine announced that the next newsletter will go out In early June and that the Annual Report was nearing completion. She further announced that extra workshops were scheduled for June to accommodate community demand. Paine also noted that PATV would run two advertisements in the ~r..ess Cltlze~ and that apparently it costs only $5 per month to get the PATV schedule listed in the ~ TV guide. Old Business: Guidelines Policy: Randall questioned why the Guidelines Workshop was scheduled to last three hours. Stevens asked if there were portions of the workshop that could be more effecUvely communicated on videotape. Paine expressed her confidence In the current workshop Instructor's ability to make decisions regarding scheduling, structure and format. McKray questioned whether a three.hour workshop met the needs of some agencies that wanted only to submit a single tape for cablecast. Paine noted that she and the staff exercise some flexibility regarding such prov]ders and the Gulde!lnee Workshop requirement. Prime-Time Serle~ Polisy: Hayward renewed his proposal for a 12 week season that would allow prime*time producers to maintain a series slot by submitting four new shows (rerun once each) and four older shows. Atler some discussion, all Board members seemed to agree that Hayward's plan should be explored. Paine suggested that the Board not take action Immediately but Instead wait until September 1st -- the one-year anniversary of the existing prime-time series policy. Maurer, Hayward anti Paine agreed to meet with tape wrangler Heather Russell and to develop a draft of revisions to the guidelines incorporating Hayward's plan for a season-option. New Business: None. Stevens/Wurtzler moved to adjourn. ]. -/ Don Sehr, Cbairl:~'son Jo~ Bolkcom Charles D. Duffy St~ph~n P. l.,~cina Sally Stutsman 1. Call to order 9:00 2. Action re: claims BOARD OF SUPERVISORS FORMAL MEETING Agenda 3. Action re: fotmal minutes of July 18th. 4. Action re: payroll authorizations 5. Business from the Planning and Zoning Administrator. a) First and Second consideration of the following Zoning applications: Amend the legal description of Ordinance 09-21-95-Z2 of John and Jane Duehr (Z9531). Parcel is described as being a portion of Lot 1 of Duehr Subdivision located in the NE 1/4 of Section 15; Township 81 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (Jefferson Twp.). b) 2. Application Z9547.of Miron Walker, Oelwein, requesting rezoning of .587 acres from A1 Rural to RS Suburban Residential of certain property described as being in the SW 1/4 of the SW 1/4 Section 24; Township 78 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This property is located in the NW quadrant of Sand Road SE and 540th Slxeet SE in Pleasant Valley Twp.). 913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWA ~J1'1'¥, IOWA 52244-1350 TEL: (319) 356-6000 FAX:(319)356-6086 ,toSq 7o, I0~ CITY (:I~gl~ ['~e~ .To Iloqac~.y ?-H-96 8~39~ p. 3 ot~ 3 Agenda 7-25-96 Page 2 6. Business from the County Auditor. a) Action re: permits b) Action re: reports Other 7. Business from the County Attorney. a) Report re: other items. 8. Business from the Board of Supervisors. a) Action re: resolution for Road Vacation 02-96. Beginn/rig at the West side of the driveway near the Northeast comer of Lot 11, owned by Nancy and David Forrest, westerly to the East line of Lot 19 of the Subdivision of the Northwest quarter of Section 27, Township 81 North, Range 6 West of the Fifth Principal Meridian ( A section of Payne Road in the proposed Chain Ridge Subdivision, Part II). b) Action re: resolution for Road Vacation 03-96. All that portion of Davey Street that exists between Lots 1, 2, 3, 4, 5, 6, and 7 and Lots 8, 9, 10, 11, 12, 13, and 14 of Block 12 in the town of Morse. c) Motion authorizing the County Auditor to include in the next budget amendment hearing the amount of $31,000.00 for Department (45). d) Motion approving Community Services Appropriations recommendations as presented by Linda Severson. e) Motion re: approval of temporary construction Easement Agreement for Iowa City Leachate Conveyance System Project and authorize the Chairperson to sign. O Other 9. Adjourn to informal meeting. a) Inquiries and reports from the public. b) Reports and inquiries from the members of the Board of Supervisors. Report fi~om the County Attorney. d) Other 10. Adjournment. Urban, rural fights loom road fundsi! on is a~ esrh*na~:ed ~390 million~ ~. to ~594 million the DOT will have for highways,Road ' ra oa . U ead As the Iowa Department of T~ As Bob 1V, le. Yde looks to the ~umre potration works in the of Iowa i~ 2fi yearn, the din~ion is months to mold a strategic p~s clear: The bulk of iowa.s will Uve i~ through 2020, the debate eight ma~or ciUes and 1 ! urban cou.n- urban and rural interests could 1~ ties. come far more intense. So with limited money for Iowa's At stake ~s an estumar~l $~0 ~ tra~portaLion programs, he believes lion to $§94 million in annual state government must m~e teugh and federal spe~.ding for highwa,,~y~s~2,1 choices and conserve resources. The airports, public transit, railroad~ state can no longer gunfire every a~cl other tmnsportatiun modes. ' tiny rural town convenient access for cars and trucks, he argue~. Six Alternatives ' *'~ · 'You should put your Six study alternatives have beel~i tion where you will have the mo~t developed: They range fromslashi~_ $ demand -- the most jobs a~d the transportation spending to a most people," said Mickle, a former pa~ approach, focusing on economic Des Moines city planning director. development. in cities or placing Chris Gault, public affalr,a counsel priori~7 on rural counties. O~her op- for the Iowa Farm Bureau Federa- tions include a plan alined at con- tion, has a different opinion. serving resources and another .jn~t~l.l~portailt. gered toward expansion a~d development. " "Rural azeas are jus~ as importal~t Urba~ a~d rural ba~es are al~ as urban areas. There is a lot of certain to emerge in the study pro; growth in rur~ aress right now, a lot cess. Ma~y rural Iowa countl~ of economic developmenL, and a lot, still Io~Lrtg resident~ and str~ of foLk~ movl~g to the country who to survive, wlfi.le Iowa's bigger dt~e~ may be working m urban areas. Ev. are gaining in population and eco- erybody has needs a~d hopefully nomic il~fiuence. Farm and e~ty intor-.i there ss~ll be funding to address ~11 of theme" she said. ROAI)$ Ptea~e mm ~ Pa~ 2A Iowa facing tough choices on transit needs ROADS Contira~d from Pa9~ ests have hisWrically fohght In iowa over their share o~ ~d~.oney. Where Freight Is The iowa MotorTruck Association is leaning toward supporting a trans. l~atmn plan tilted toward econoro- w growth m urban areas because "that's where the freight is,". said President Scott Wetmr, .., ~ is the iowa In~rst:~te Railroad. aith~ugh "rural investment is cer- taffdy important, especially for the movement of grain," said rmlroad executive Fred Yocum. The Des Moines Airport ~oard last week urged the DOT to favor cit future airport spending, rather than spending large sums of money on do~eas of a~rports in rural areas. "With the state's limited re- ~urces, they felt that aviation should be primarily, air h~ugh not ex. elusively. focused on 33 major air- po, s -- includin~ 10 commercial airports. of which Des Moines is one of them," said Des Moines Airport Manager William Flannery. Remembering Rural Iowa But Pottawattamie County Engi- neer Jetty 11are, president of the Iowa County Engineers Asso~at~on. is urging the DOT not to forget rural Iowm~s. "We hope that we don't get hur~ t*s~ bad. Mc~ of us feel that we don't have enough money and we fee thin tx~gin with." Ilare ~i~ud~ The DOT is waging an dnprecc. dented camp~gn to seek public corn. meat on the study, titled. "Iowa in Motion." The DOT has already is. sued 4,200 information packets; public meetings have been held s~tewide: and DOT staffers have met with highway associations, tran. Early Recon'unendations The DOT commis~on is scheduled l~. make preliminary recommenda- t,ms m October. w~th f adopted may represent a blend of parma from several of the six alterna- Long.range studies have previous. ly been done by the DOT, but this marks the first time that the agency has tried to examine all modes of transportation together. The study includes a look at 10,000 miles of state-owned roads, 35 publicly owned transit systems, 4,3').6 miles of fall lines, 134 airport, 79 dver barge terminals, thoussnds of mtlo.~, or pipeline~ and more than 500 miles of recreational trmls. "This way folks can see some of the trade-offs between choices and how these modes might cormeel and work better as a system." said Dennis Ticc, the DOT's director of planning and programming Differences Catherine I)unn of Dubuque. acknowledged that urban and rural differences will ari~. But, she said, "We have got to put on our futuristic thinking caps. We the big picture." Phillip P, aumeL an Iowa State Uni- versity economist who specializes in t~ansportation, pra,sed the DOT for a forwand.looking approach. But the DOT's stody also raL~.-'s fundamental issues about a lack of integrated planning for Iowa'~ overall transix)r- officials point out that the DOT stndy does m~t hing to addr~s deteri- orating county bridges in rural maintain 89,489 miles of connty roade., Iowa also has I';',876 miles of city Tire ~sponded that any strateg~ plan for all state, city and county roads wenfid probebly have to be .through regional and metropolitan planning organizations, he said. In acidilion, the DOT cornmission holds ~g:onal publ~g,heark, l~ annually to hear from local officials about road projects, and earlain issues of state- local coordination have been ad- dressed by a state blue-ribbon task force, he said. One key issue not being promi- nently suggested now -- bu~. which ~ould surface later -- is the possibllI. ~' of a big increase In gssoline and diesel fuel taxes to pay for major ira. prevements in Iowa's highway ~ys. tern. Tho~e improvements could in- elude additional four-lane expressways thruughout iowa. 'Tve been around long enongh to know that a lot of these studies are precursors to fuel tax tncre:~ses." said Weiser, the trucking ~.sociation executive. "But I don't think there will be any support for that from our side of the table." The study could also force Iowa W ~'xl,i.rv the I'm,.,~ibfiily of lashing'. tumd.~ in p:~y G,r '.late highways or even toll road.~, said DOT commis-~ stun mem~r ~oyd Clarke of W~t~ *'When y.n start I~)king at the: ro~¢'mlP gOllrCOs needed to accore- '. pb~h the, ~rl Iheqv order to do Whel yon wan}'~' "Gl~ke ', dubale will IOWA DOT WEIGHING ! ONG-T£RM OPTIONS TIIIr Here .are highlights of _a!temat~ves and costs prop<3sed by the Iowa Department of ansportat~on for the state s long-range strategic transportabon p an The p an that is eventually chosen would be followed through 2020. Benchmark (existing) alternath~e Alternative Cl Expansion/development · Preserve. improve 104 airpons · Build 185 redes of recreation trails. Plus ,425 miles of paved off-road paths. I Build 625 miles of new four-lane toads. plus 55 redes of new six*lane roads. · Preserve 4,199 miles Of highway, rebuiU 2.484 miles. · Improve 400 miles of rail ~ac~. I Preserve transit sen/ice to 35 ay~ems. COST: $454.9 mtlltee anneally A lYPendlng · ~reserve, improve 23 eiq~ortq. a EHmi~te r~rea~on tra~]s p~; build 425 mdes o~ paved off-road pa~s. 8uilo 513 redes of new foura~ hig~ay. plus 19 miles of new s~x-lane. Presage 3.1 ~ miles of roads; rebui~ 2.258 miles. Ehmi~te bra~h line rail improv~en~. Presage ~U se~e at a I~er level to ~ s~te~. COST: $3~0.3 million annually. Alternative B= Resour~ conse~tlon Presage. improve ~ region~ Budd 170 redes of recreation ~alls 290 redes of paved o~-road pa~s. Improve 760 redes of roadway b~yde lacihBes to higher ~fe~ s~ndatds. Budd 513 miles of new four~e r~ds. pl~ lg miles of new s~x-lane. Presage 4,2~ m~ies ol r~; rebuild 2,258 mdes. Imp~ ~ miles of ~d ba~; exp~ Aretrak ~ce Expa~ ~sJt se~ for ~ ~tems. Improve wate~ay acce~ to 79 existing barge terminals. COST: $460.8 million How to comment Wnte: Iowa in Motion Office of Systems Planning Iowa Department of Transportebon 800 L~ncoln Way Ames. la. 50010 e.ma/l: motion@iadot.e.mall.¢om Fax: (515)o239-1639 a Preserve. improve 104 a~rports. I Build runway extensions at 23 airports; improve 10 commercial a BU~k:1450 miles of racreanon trails, plue 490 riffles of paved off.n3aO pares. e Improve 910 milee of roadway bicycle facilllJea. · Build 1,633 mJ~ea ol new four.lane highway, PfuI 61 l Preserve 3,299 redes of h~ghway: rebuild 2,7~0 I In. rove 830 redes of rail ~ac~.~; expatid Amttak end add light-rail passenger service. I Expand transit samoa Ior 35 systems; funcl van IX)OIl. I Improve waterway access 1o 79 existtag barge terminal. · Assist in lOCk and ~am ~mprovements. COST: $5S4.~ mllll~fi annually. Alternative D= Economic/urban focu· · Preserve, improve 23 airpo~; improve 10 commercial tarports. I Build 100 miles of recraa~on trails; 400 redes of paved off-road paths. · Improve 320 m~tes of roadway bicycle faceill]es Jn urban areas. I Build 640 miles of new Iourqane roads. plus 81 miles of new slxJ, a~e. e Preserve 2,615 miles of h~ghway: rebuild 3,453 miles. · Improve 400 mdes of raJI tracks. · Preserve t7ans~t sewice to 35 systems; fund van pools. e Improve waterway access to 79 existing barge terminals. COST: S490.4 million. Alternative El Rural focu· I Preserve. ~mprove 104 airports. especially 81 lower-level airports. I Build 580 mdes of recreation trads. 50 miles of off-road paths. e Improve 390 miles of roadway b,cycle facilities. · Braid 625 miles of new Iour4ene h~ghways: 19 redes of new s~x.lane. I Preserve 3,575 miles of h~ghways; rebudd 3.451 miles. e Improve 830 milee of red Izacl[s. · Preserve h'ansd seduce to35 systems: fund van pOOlS. Improve 30 exisnng intermodal facfitbes. · AS~St pipeline ~mprovements. COST: S486.2 million. Time line for development of DOT plan e Summer 1996 -- Pubhc rewew of alternabves. e October 1996 --Approval of a recommended altemabve subject to public. r.~.y~Jew. · Fall 1996 -- Pubhc rewew e November 1996 -- Approval ~ a final p{an to guiCle* transpot(at,on spending through 2020. ' :';, I Early 1997 --Approval of a tinancial plan lo ~rnpiel~C,{ ' - ~ ' the adopted transpor~ai~on plan. ; ~'~ INFORMATION PACKET AUGUST 2, 1996 IP1 IP2 AUGUST 5 - WORK SESSION AGENDA ITEMS Memorandum from JCCOG Transportation Planner: Project to Reduce Train-Related Traffic Congestion in South Iowa City. Memorandum from Director Parking & Transit and Transit Manager: Family Bus ~ Pass. I IP3 IP4 IP5 IP6 IP7 IP8 MISCELLANEOUS ITEMS Memorandum from Assistant City Manager and Cable TV Recommendations from Broadband Telecommunications Commission. Administrator: Memorandum from Director Parking & Transit to City Manager: Student Bus Pass. ~ Memorandum from City Attorney and Assistant City Attorney: Housing and ~ Community Development Commission - Conflict of Interest Issues. Memorandum from Finance Director to City Manager: Update on Cash ~;?/ Accumulation for the Wastewater Fund and Water Fund. Memorandum from JCCOG Transportation Planner: Alignments for the Proposed Extension of Highway 965. Memorandum from Farmers' Market. Compromise Alternative Farmers' Market Supervisor to City Manager: Iowa City IP9 Memorandum from City Clerk: July 15, 1996, Council Work Session. IP10 Memorandum from City Attorney: Update on "Play Vehicle" Committee. O~? IP11 Memorandum from City Attorney: Statue Update: Research a,d Recommendations on City Policy for Overbilling and Underbilling Adjustments. IP12 Memorandum from Senior Planner, Planning and Community Development/2~//{277 Department: Planning and Zoning Commission Work Program - Pending List. IP13 Memorandum from Economic Development Coordinator to Code Assistant: Talbots Facia Sign - Washington Street Elevation. IP14 August 6, 1996, agenda for Council on Disability Rights and Education. IP15 Agenda for July 30, 1996, informal meeting of Johnson County Supervisors. IP16 Agenda for August 1, 1996, formal meeting of Johnson County Supervisors. Enforcementr~?(~ Board Board of Information Packet August 2, 1996 page 2 Copy of letter from Larry Molnar to the Corps of Engineers regarding the Coralville Reservoir. Agenda for 8/6/96 Informal meeting of the Board of Supervisors. Copy of letter from Mayor to IDOT regarding signage for downtown, requested by the Monday Forum. JCCOG -rll- m e m o Date: August 1, 1996 To: City Council, City of Iowa City From: Jeff Davidson, Transportation Planner '7-,// Re: Project to reduce train-related traffic congestion in south Iowa City The Iowa Interstate Railread (IAIS) and the Cedar Rapids & Iowa City Railread (CRANDIC) have made a proposal requiring the City of Iowa City's participation, which would significantly reduce the amount of railroad crossing blockages in south Iowa City. The current blockages, which occur primarily during evening hours, are a result of the two railreads interchanging cars with each other. The interchange track they currently use is located between Gilbert Street and Gilbed Court, extending from Kirkwood Avenue to Highland Avenue. The most significant cressing blockages occur on the arterial streets of Highway 6, Kirkwood Avenue, Gilbert Street, and Burlington Street. Although these disruptions to the arterial street system occur primarily in the evenings, recent increases in rail traffic have caused tie-ups at other times of day as well. Last spring CRANDIC caused traffic congestion on several days when they pulled trains acress Burlington Street during the morning rush hour. The forecast for increased rail traffic (which we should take as an indication of economic vitality) causes concern that these cressing blockages may become even more frequent. The proposal developed by the railroads involves relocating their intemhange trackage frem south Iowa City to preperty in the vicinity of the Amana Colonies. CRANDIC operates a line between Cedar Rapids and Homestead, where they interline with the IAIS mainline. CRANDIC trains to be interchanged with IAIS would no longer travel through Iowa City; they would move directly from Cedar Rapids to Homestead. All IAIS trains would continue to travel through Iowa City on their mainline, but the frequency of slow moving interchange trains would be significantly reduced. The railroads are in the process of developing a concept plan which will allow a cost estimate to be formulated for the preposed project. The estimated project cost is $1.0-$1.5 million. The railroads have stated it is economically infeasible for them to finance 100% of the project cost. The railroads have contacted Iowa DOT, and there may be grant funding available frem the Federal Clean Air Attainment Program administered by Iowa DOT. The Clean Air Attainment Pregram is intended to fund projects that reduce vehicle emissions threugh traffic flow improvements. Since our project would significantly reduce large numbers of vehicles idling at arterial street crossings during railroad crossing blockages, we believe it is a good candidate for funding frem this program. The grant program could provide up to 80% funding of the interchange relocation, leaving a required local share of $200,000-$300,000. The specific questions for the City Council at this time are: Are you sufficiently interested in the project to sponsor the grant application and invest staff time (JCCOG Transportation Planning Division) in completion of the grant application? The railroads would assist us with the grant application; however, only municipalities may apply for the Clean Air Attainment Program grant funding. 2 2. Are you willing to participate in funding a portion of the local match? Grant application are taken once a year for the Clean Air Attainment Program, and are due October 1. Iowa DOT evaluates all applications received and allocates approximately $4.7 million in funding annually. Coralville and the University have indicated support for the project, but are not likely contribute financially. Frankly, the majority of the direct benefit accrues to Iowa City. Please be prepared to make a decision on this matter at your August 5 work session, as we need to begin preparation of the grant application as soon as possible if you are interested. Incidentally, the railroads have assured me that relocating the interchange trackage should in no way be interpreted as a lack of commitment by them to this community. They will continue to provide full service to all of their shippers in the area, and encourage economic growth which will add new shippers. The general offices and maintenance shop for Iowa Interstate Railroad are located in Iowa City, and they employ approximately 86 people. CC: Iowa Interstate Railroad Cedar Rapids and Iowa City Railroad City of Coraiville University of Iowa Rick Fosse Chuck Schmadeke bc4-1JD PLANI City of Iowa City MEMORANDUM Date: July 11, 1996 To: Stephen Atkins, City Manager From: Joe Fowler, Director Parking & Transit Ron Logsden, Transit Manager ~.~.. Re: Family Bus Pass We have spent considerable time addressing the issue of a family bus pass. Under the current policy passes are transferable so the entire family can use one pass except when traveling together. Instituting a family pass could result in higher cost unless the family travels together often. In addition, children under 5 currently ride for free. While exploring ways to expand the current policies there are two major questions that we have not been able to resolve to this point. One, what constitutes a "family" and two, how to make the cost of the pass reflect the number of users. Developing a flat fee for a family pass may benefit some but the non-traditional family and occasional users may find that their cost would be higher, For this reason we have attempted to develop a program that would not require a large family or frequent usage to benefit, Two options that Council may wish to consider are: #1. One child rides free with each full fare adult during non peak hours and on Saturday. #2 Discounted student pass. While each of the options reflect savings to users each of has limitations. Option #1 may be objected to by single parent families. Option ~'Z does not encourage the occasional family trip. We will pursue either of these or any other options as directed. City of Iowa City MEMORANDUM Date: August 2, 1996 To: City Council From: Dale Helling, Assistant City Manager Drew Shaffer, Cable 'IV Administrator Re: Recommendations from Broadband Telecommunications Commission The Broadband Telecommunications Commission met on July 22, 1996, and has made recom- mendations to the City Council as follows: The Broadband Telecommunications Commission recommends that the 50¢ per month pass-through funds, approximately $96,000 per year ($960,000 over 10-year franchise term), be allocated as follows. A full-time community programmer be employed by the City Cable Division to facilitate and produce more community programming for the local access channels. "Community programming" encompasses the notion of getting more of what's happening in the community on local access television. The cost of this position is estimated at $42,500 the first year, increasing to about $66,000 in the tenth year. The annual allocation for this position from the pass-through revenue will take into account this escalation. A draft position description for the Community Programmer is attached. The total ten year investment equals approximately $535,000. An annual set-aside or expenditure for funding a portion of a joint Community Programming Center (CPC) to serve all local access providers. The CPC would require approximately 5,000 square feet of space for offices and production facili- ties. Public Access Television (PATV) and the City Cable TV offices would be located in the CPC, along with facilities for shared use with the Iowa City Public Library, Senior Center TV, and the Iowa City Community School District. It is hoped that a facility can be acquired rather than leased. The total ten year invest- ment is approximately $250,000. Allocation of an average of $17,500 for equipment for local access programmers. These include the Library, Senior Center, PATV, the School District, and Govern- ment Access. These entities have jointly agreed to a funding arrangement for the first three years. In the first year, a total of $22,400 will be allocated to include $12,700 for equipping Meeting Room A in the library as a "Robo Studio" which would allow for one or two individuals to shoot a multi-camera production. It also includes approximately $9,700 for a new editing system for Senior Center -rv. In the second year, a total of $15,700 will be allocated to the School District to purchase cameras and other production equipment for programming its access channel. In the third year, $14,400 will be allocated. This will result in a three year average of $17,500 and the programming entities will again be asked to 2 determine how funds will be allocated in the third year and over the longer term as well, All the local access programmers are to be commended for their spirit of cooperation in identifying and prioritizing these funding needs, In addition to its recommendations regarding allocation of the pass-through revenue. the Commis- sion also approved the three-party agreement between the cities of Iowa City and Coralville and PATV for providing public access services and programming the public access channel. The Commission recommends that the City enter into this agreement which expires on December 31, 1999, and provides for two additional three year renewal options. This carries it to the expiration of the current franchise with Cablevision VII, Inc. (TCI). The City of Coralville may be nearing completion of its franchise renewal process and this agreement can hopefully be fully executed in the nexl 30 to 60 days. A copy of the redlined version (noting deletions from the old agree- ment and new language for the new agreement) is attached for your information. A copy of the minutes of the July 22rid Broadband Telecommunications Commission meeting in draft form is attached and should give you a pretty good idea of the issues and concams taken into account by the Commission in making its recommendations. Formal Council action is required to execute the PATV/Iowa City-Coralville agreement. 1 hope to have a resolution authorizing execution of the PATV agreement before you in the near future. No formal action is required regarding the allocations of the pass-through revenue. We would like to move ahead as soon as possible with the hiring of the Community Programmer and with disbursement of the first year equipment fundJng and will proceed accordingly unless Council wishes otherwise. All of the above recommendations from the Broadband Telecommunications Commission are consistent with staff's recommendations as well. DRAFT City of Iowa City -- Job Description Identification Position Title: Department: Division: Supervisor: Community Programmer Administration Cable TV Production Coordinator Job Summary Under general direction, produces, shoots, and edits videos for community organizations and performs other media functions. Operates a variety of specialized electronic and video equip- ment. Essential Job Duties and Responsibilities CONTACTS and receives requests from community organizations relating to videotaping of ongoing events and activities of the community, PRODUCES videotapes of community events and activities for cablecasting on access chan- nels. SHOOTS and EDITS videos. COORDINATES work with other cable TV staff as necessary to complete community program- ming videos. DISTRIBUTES information about access channels and their opportunities, including InfoVision. COMPILES information about on going community events and activities to create a compre- hensive community events calendar for future reference. PERFORMS all other related duties as assigned. Physical and Environmental Conditions Ability to sit, stand, and drive a vehicle to and from various worksites. Ability to withstand occasional environmental conditions such as dirt and dust, extreme temperatures, noise and vibration, and wetness and humidity. Ability to perform extensive walking, kneeling, crouch- ing, squatting, bending and twisting while holding and operating equipment. Ability to lift equipment weighing 45 to 70 pounds regularly. Employee may be exposed to mechanical or electrical hazards. Minimum Education, Experience and Certification Associate's degree in Videography or related field required. Two years experience in video production and editing or in a related field required. Two years proven experience working with the public or with diverse groups of people. Valid State of Iowa Driver's License required. Knowledqe, Similes. and Abilities Knowledge of principles and techniques of media production. Knowledge of television and media standards. Skills in media production including videography, video editing, shooting, and photography. Experience with Video Toaster and Amigas e plus. Ability to troubleshoot equipment problems. Ability to read and understand written technical materials in order to perform production activities. Ability to communicate well with a variety of people. Ability to work well with the public and diverse groups. Ability to prepare writ'ten reports. Ability to operate a variety of specialized electronic and media equipment. The above statements are intended to describe the general nature and level of work being performed by individuals assigned to this job. They are not intended to be an exhaustive list of all responsibilities, duties, and skills required of personnel so classified in this position. Draft 7116196 AGREEMENT This Agreement is made this day of ,199Q6, by and between the City of Iowa City, Iowa, a municipal corporation ("iOwa City"), the ~i['~.¢:~Cqta{~'i{t~ :~0.~'.~; a ~mun fcip at _corp o rat ionj,?C (~ra[vitie~ ;[ ;~t~t her. :t],er¢!~f;re,~,~ r.~f~:~.~d:~d.;:i ~?~:!~e',.~;.~:.~'.gd PUbliC Access Television, Inc., an Iowa non-profit corporation ("PATV"), and Ncritagc Cablcvision, Inc., an Iowa corporation and Cablcvision As"-ociatcs VII, L.P., an Iowa Limitcd Partncrship ("Hcritagc"), cab~ opcrator and franohiscc, thc currant holdor of thc local franchise ("Hcritagc") (collectively "Parties" or "Party"). In consideration of their mutual promises, the Parties agree as follows: RECITALS The C~ties CW; ~;~[?~.-~,;:~!~,,~'~.~i, '~!~¥i!~ and Hcritagc desire to provide suppo~ for the u~e ~0~ public access channel(s~, namely non-commerc~al community programmi~.g channels provided pursuant to ~:~;~ble C~mu~cat'~ns Policy 'Ace of ;~9~;~'~¢~'~ ~a~'~O~'~;~'~:~:~'~C~?i~'~; ~ ~ 'Usc Scotion 531 of thc Cablc Communication~ Policy Act of 198d. City of Iowa City Rcsolution No. 84 248 providcs that thc City may dcsignatc a non profit organization (NPO) to managc and aperats thc local public acccss channcl or ehanncls, functions and equipmcnt. Said rcsolution providcs that Hcritagc shall, within @0 days of rcocipt of writtcn notification by thc City, turn ovcr thc managcmcnt and opcration of thc public aceass channel(s) functions and cquipmcnt to thc City approvcd ~ For the purpose of this Agreement, public access does not include the government, public library, University of Iowa, or educational access channels. City of Iowa City Resolution No. 88 1§5 rcaffirm$ thc agrccmcnt bctwccn thc City of Iowa City and Hcritagc Cablcvision, Inc. stated in Rcsolution No. 8'1 2'18 $pccific to local acccss channcl(s) managcmcnt, opcrations, and funding. The franchise agreement..~_be'tween iowa City, Iowa an.d. Cab(eyision_:.Vll, t~d~ aforcmcntioncd Rcsolutions prc¢ides that certain payments shall be made by Cablevision VI~, inc. Hcrit;§c to support the public access channel(s). Said Rcsolutions also providc that ccrtain capital cquipmcnt and facilitics shall bc turncd ovcr to thc City approvcd NPO upon timcly rcocipt of notitc. For the purposes Of thm;agree..ment, the deftrattan of pu[~ pubt~c access co~J: ~f~5 '¢~'~J~'' iS ~e theiR' a~d CaBeca~tmg'of events a~ activities ta~ng ~P g ....... g._ .~ g . · place in t~ 2 PATV reasserts its goal to provide a~,~ !~e¢,l~,tm; :o public access prog~' ";~..-'"-fi~ services to the community. J C~t~..$. ~,,, ~f;to..Wa;.Ct~;~;,,a~i~;~E~¥{~!~ ....ha~'.v,e designated PATV as the approved NPO. NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the Parties agree as follows: Section 1. Scooe of Services. In cxohangc fo~ "'*'--~.',~"~ ~.'~i~f the funding and oquipr~ont provided by Horitago to PATV pursuant to this Agreement, PATV shall perform the following services: Ooerate Public Access Cable Channel(s). Operate the public access cable channel{s) for public/community access .a"/,~;~'~i'=~a,!,~ programming purposes. Operation shall include, but not be limited to, responsibilities for administering, coordinating, and assisting those who request to use the access channel{s). Operate a~ Community Access Center. Provide a video production facility and equipment which shall be available for public use. Provide E~ual Access. Allow access to equipment and facilities provided herein, together with cablecast time on the public access cable channel(s), on a non- discriminatory basis to all members of the community. This access shall be only for non-commercial programming purposes, whether individuals, groups, or organizations, Develop Rules. Develop written rules and guidelines for the use of the access equipment, facilities, and cablecast time in cooperation with the ~itie~ Said rules and guidelines shall be consistent with the Cable Communication Policy Act of 1984, the:Cabi~T¢levisi0n Cc~um~iPrqtr;=~oo add Coinp~tltior~"Act ~3f,1992, the Telecom~n[ca§ons Act of 1.996 and FCC regulations. and other fcicvent F;Jrtl~er, a~y rUleS an(J pr~)cedures promulgated specific to times and hours of cablecast shall be content-neutral and consistent with the public forum doctrine, namely, time, place and manner. Traininq. Provide training in the techniques of video production tratnmg,..se.~s~o~..;~.e.r?.wea[:.:~..iO~.~.~,p'~y. ttle, and facilitate production of community programming by providing technical advice. Proaramminq. Schedule and cablecast programs on the public access channel(s) according to the approved rules and guidelines. Maintenance of Equipment. Provide regular maintenance and repair of all video equipment. 3 Promotion. Actively promote the use and benefit of the public access channel(s) and facilities to subscribers, the general public, access users, the cities C~t;', and ~ Performance Guidelines. PATV and t~:~'~'-~.... [~.W..Jtt~ the citi~; ~'; .... ~-" develop performance guidelines for PATV within six (6) months of execution of this document. Performance Review. PATV shall, In cooperation with the ~.~eS .......... ..,,, and after three years of operation under this Agreement, undertake a performance review which shall include an opportunity for public access users, cable subscribers, and the general public to provide comment. Other Activities. Undertake other community access programming activities as deemed appropriate by PATV. Compliance with Laws. Rules and Reaulations. Administer the public access channel{s) and facilities in compliance with applicable federal, ~tate, and local laws, rules, and regulations, the lows City Cable Telecommunications Franchise Ordinance, perfor- mance guidelines, and in accordance with the franchise agreements) between the · .,,, and ~a~/n~,'~tl~;,tp.¢: ~ Section 2. Pro(~rammine Content, PATV agrees to keep the access channel(s) open to all potential users and free of censorship, subject to FCC regulations, the (Cable Communication Policy Act of 1984, ttie Cable' Television Consumer Protecti6n " '"~'~" and the Tel~oommu[~ic~fi~Sl./~c~t:l~f..~ .9.~i and all other sppli~:able local, state and federal laws. Parties agree that ~i~ thc City, Horitago, and PATV will not attempt to control the content of programming placed on the public access channel(s) to the extent such programming is both lawful and also remains in compliance with the approved rules and guidelines. Section 3. Indemnification. PATV shall indemnify, defend and hold harmless the "CitJ~es and Hcritagc, their officers, agents, and employees, from and against all claims, losses, liabilities, or damages, including payment of reasonable attorney's fees which may arise from the performance of this Agreement, or which may be caused in whole or in part by any act or omission of PATV. The. Cities r-;... shall indemnify, defend, and hold harmless PATV and Hcritagc, ........ t ..... officers, agents, and employees from and against any and all claims, losses, liabilities, or damages, including payment of reasonable attorney's fees which may arise from the performance of this Agreement, or which may be caused in whole or in part by any act or omission of the City. Hcritago shall indcmnify, dofcnd, and hold harmIces PATV and City, and officcrs, agcnts, and cmployccs from and against any and all claim"., Io=sc~, liabilitios, or damagc~ including paymcnt of rcaconablc attorneys' fccs which may arisc from thc performanco of this Agrccmcnt, or which may bc causcd in wholc or part by any act or omission of Hcritagc. Section 4. Cooyrieht Clearance. Before cablecasting video transmission, PATV shall require all users to agree in writing that they have obtained all required rights to all material cablecast 4 and clearances from broadcast stations, networks, sponsors, music licensing organizations; representatives, and without limitation from the foregoing, together with agreements from any and all other persons as may be necessary to transmit its or their program materials over PATV's authorized channel(s). PATV shall maintain copies of all such user agreements for purposes of inspection by the other Parties to this Agreement, upon reasonable notice given by said parties, and for the term of the applicable s~-et~e ~[~ of limitations. Section $. CoDyriQht and 0wnershi0. PATV shall own the copyright of any programs which it may choose, from time to time, to produce. Copyright of programming produced by the public shall be held by such person{s) who produces said programming if such person so copyrights, subject, however, to PATV's continuing rights in the videotape as physical property, to be established and governed by the approved rules and guidelines. Section 6. Distribution e~ Riqhts. PATV shall require that all programs produced with funds, equipment, facilities, or staff granted under this Agreement shall be distributed on the channel(s) whose use is authorized by this Agreement. This subparagraph shall not be interpreted to restrict other distribution (beyond that distribution on channels authorized by this Agreement), so long as such other distribution is consistent with the approved rules and guidelines. Payments required to obtain cable television distribution rights for programs acquired by PATV primarily for cablecast use may be made by PATV from funds granted under this Agreement. At thc bcginning and cnd of c~oh day that video progFamming is-cablco~t on thc ohanncl(c} whose uc, e ic authorized by thia Agreement, PATV shall display *'"~... ~'~i:-'~..~ ~"~.~ a credit stating "Partial funding for the operation of this channel is provided by ~ Cablevision ~.[], Inc., and the '~ ~':+-' of Iowa C~ty Section 7. E(~uioment and Facilities. PATV shall be responsible for maintenance of all equipment and facilities owned, leased or loaned to PATV under this Agreement or purchased with funds provided pursuant to this Agreement. PATV recognizes that this Agreement, or property purchased pursuant to this Agreement, may create a possessory interest subject to property taxation, and that PATV may be subject to the payment of property taxes levied on such interest. PATV agrees to pay any and all lawful and non-exempt taxes, assessments, fees or charges at any time levied by the state, county, city or any tax or assessment levying body upon any property interest in this Agreement or on any possessory right which PATV may have in property, improvements, fixtures or equipment purchased as a result of this Agreement. In the event of protest, PATV agrees to pay said taxes under protest, and in no event will ..t~/..~.'~. ,~ ~.',ie~.' C[~*y be responsible for any fees incurred as a result of such protest. PATV shall own all equipment and facilities acquired by it and purchased with funds received pursuant to this Agreement, except that upon termination or non-renewal of 5 this Agreement, all such equipment or facilities shall be disposed of as described in Section 18.C of this Agreement. Section 8. Insurance. PATV shall maintain in full force and effect, and at all times during the term of this Agreement, insurance as required by this Section. The cost of such insurance shall be borne by PATV and may be paid from funds received pursuant to this Agreement. Comprehensive Liability Insurance. Comprehensive liability insurance, including protective, completed operations and broad form contractual liability, property damage and personal injury coverage, equipment, and comprehensive automobile liability, including owned, hirod, and non owncd automobilc covcragc Worker's Compensation. Full Worker's Compensation Insurance and Employer's Liability with limits as required by Iowa law. C!.~; Gi~'~ as Co-Insured or Additional Insured. The ~i'~ City shall be named as a co- insured or additional insured on all aforementioned insurance coverages. The policies shall provide that no cancellation, non-renewal or major change in coverage or expiration may be effected by the insurance company or PATV without first giving the ~.~;~.,, thirty (30) days written notice prior to the effective date of such cancella- tion, non-renewal or change in coverage. Any insurance or self-insurance maintained by the ~""~:: ~'~*" ~:~_.s....,.,, its officers, agents, employees, or volunteers, shall be in excess of PATV's insurance, and shall not be deemed as a contribution to PATV's coverage herein. Notification of Coverage. PATV shall file with the ~[~.e.'§ ...., Cert~hcates of Insurance for coverages required above, to be filed within thirty (30) days of execution of this Agreement, and annually on the same date thereafter. Upon reasonable written notice. the i'~,'~"..~ ~';*" q),t.~,,e..s...,., may request that Certificates of Insurance be provided at any time, Section 9. Non-Discrimination in Employment. PATV shall not discriminate against any person. employee, applicant for employment, or subcontractor on the basis of age, color, creed, disability, g'~..n.'.~.~:~;i.//,..e,.',~t.i.~t~, mar;tel status, national origin, race, religion, sex, or sexual Section 10. independent Contractor. It is understood and agreed that PATV is an independent contractor and that no relationship of principal/agent or employer/employee exists between the..cities City and PATV. If in the performance of this Agreement any third persons are ern~'l~)'Yed by PATV, such persons shall be entirely and exclusively under the control, direction, and supervision of PATV. All terms of employment, including hours, wages, working conditions, discipline, hiring and discharging, or any other term of employment shall be determined by PATV, and ~'c;'~'.~ ~ shall have no right or authority over such persons or terms of employment. Section 11. Assianment. Neither this Agreement nor any interest herein shall be assigned or transferred by PATV, except as expressly authorized in writing by the citii~S'i:C=,i~. 6 Section 12. Annual Reports. PATV shall prepare and provide annually to the c.'.~ieS C~t¥, within 90 days following the end of each fiscal year, a written report of operational activities, which report shall include, but not be limited to, the following information: Statictic: on programming and scrvicc: providcd; Infc~r~mafion:as~..o..utt.~ne.d a~ requi~'.~ in;the performance evaluation. B. Current and complete listing of PATV's Board of Directors; C. Year-end financial statements. auditcd by an indcpcndent ccrtificd public accountant. ,~j...i~. Other information as dctcrmincd in thc approved rules and guidclincs..M~J~i..~:'[~.. ~tJ~"~i~ Section 13. Records. PATV shall maintain all necessary books and records, in accordance with generally accepted accounting principles. Section 14. Relationship with Cable Franchise. the C~tles and Cablevmsmn VII, ;~aiiabie ~o' PATV a~ follows: each-;:y~.~;~:~::.:.~'m'~'h~i?;-~s~d~;!.b~:~';;~.996 .annuat' payment of ~.153,293,5.2, ~bj~{:~:.~"~:~'~j~"~a~:~:~"p~ded in the fra~hi~e '~greement.'~tw~ in Sectran Zt;C',~f tne franchise agTeement between Iowa Vli,:tnc, ~nC.l~i~.~s funding.for public.access ar~J community Cabl&visioh': V!i;~lnb; .onLbe.hatf of.'.13othjcifies, Trnnsfcr of Equipment. Pursuant to City Rc:;ulution No. 8-1 2'18 and Addcndum A to thi~ Agrccmont, Hcritagc cheil tran:fcr to P^TV thc owncr~hip of all dcscribcd access related cap~tal oquipmcnt. 7 Continued Services. TJ3~;parties;Ner4<-ae~-shall continue to ..... :'~ utilize dedicated channel(s) as provided for in the .~i~?1owa City cable ordinances decreeing public access channel dedication. Section 15. Expenditure of Funds. PATV shall spend funds received from tN~'~t{i~S ~ solely for the purposes listed in this Agreement, and for the purpose of accomplishing PATV's mandate as described in PATV's Articles of Incorporation and Bylaws. Funds not expended in a given fiscal year may be carried over into succeeding fiscal years. Section 16. Fundine From Other Sources. PATV may, during the course of this Agreement, receive supplemental funds from other sources, including, but not limited to, fund raising activities. Section 17. Term of Aqreement, This Agreement shall commence on April 1, 1 ~90, and end on D~.i~.J3~:.~..l~:9_._~9- Maroh 18, 1 eg'l, unless terminated earlier, as provided in this Agreement. This Agreement may be extended, by mutual written agreement of the Parties, for additional fivc ~r:e~ year periods as set forth below. Section 18. Termination of Aareement: Transfer of Assets. ~[ri~.~.~it'~ ";*" shall have the right to terminate this Agreement for breach of any provision of the Agreement by cithcr Ncritagc or PATV, upon sixty (60) days written notice to said breaching party, provided that the breaching party may avoid termination by curing any such alleged breach within thirty (30) days of notification or within a timeframe agreed to by the Parties. T'p~,~ Cit? may also terminate this Agreement at the expiration of its term, or any extension thereof. The/~itibs r-;.,, may also terminate this Agreement if PATV is dissolved. PATV shall have the right to terminate this Agreement for breach of any provisions of this Agreement by the ~i~".e~, City or Ncritago, upon sixty (60) days written notice to them, provided that said Parties may avoid termination by curing any such alleged breach within thirty (30) days of notification or within a timeframe agreed to by the Parties. In the event of termination of this Agreement, a committee shall be formed of an equal number of representatives from PATV and the cities City, in order to determine the transfer and disposal of all assets and equipment in order to best serve public access and community needs. the cities shall have no 8 Section 19. Renewal of Aareement. This Agreement may be renewed or extended for additional periods of fivo (§) yoar= oaoh, pursuant to the following process: If PATV seeks a renewal of this Agreement, it shall do so on or before ;~ ~: ,~,~:~t¢~-,t,.,~.,~_~ Auguot 1, 1993, by letter of Intent to the E~t{-'~,~ ~':"' requesting renewal. ao The ~,m,~ ..,, shall respond to PATV's letter of intent to request renewal within sixty (60) days. Renewal may not be denied solely on an alleged failure of PATV to comply with the terms of this Agreement unless the ~i~:s ~';'" and/or Horitagc has ~a .a provided PATV a written notice of the alleged default and opportunity to cure same, and PATV has not satisfactorily cured said default. ...... ~'~" "':'-,. ' ' ~ :+.~ ~'~[ des]re to renew this Agreement, PATV shall, If the ~tt~s ~,,, mdlcat~ ' ? ~:' within sixty (60) days, submit to the ....... ~.~ -,,, a letter outlining the content of the proposed new Agreements including items to be negotiated in the renewal process. If the ~;i~ ":*" indicatc= i*,c ~:,~[r intention not to renew this Agreement, ~t ~"~ must delineate, in writing, specific reasons for said denial· PATV shall be afforded a public hearing, if requested by PATV, which hearing shall be specific to PATV's performance during the period of this Agreement and to .~.,..e';~F~s~ thc City'= announced intention to deny renewal. Parties to this Agreement shall make all reasonable efforts to reach agreement specific to the renewal in order to prevent unnecessary interruption of the access services provided to the public under this Agreement. Section 20. Time· Time is of the essence in the performance of this Agreement and for the performance of all covenants and conditions herein· Section 21. Cooperation and Reoortina. Each Party agrees to execute all documents and do all things necessary and appropriate to carry out the provisions of this Agreement in good faith. To a~.sict in thi= coopcrativo offart, a rcprc,~cntative of PATV ~hall rcpo,-t to thc City at Icast quartcrly, and in writing, as cpecifiod in thc approvcd rulc; and guidclinc~ Section 22. Applicable Law. This Agreement shall be interpreted and enforced under applicable laws of the State. of owa (~'~i~:'~..i~i.'~ ~e ~0U~ 0¥ j[J~i~J'i~i&~ Shali b~'~+h'e iowa Di~i(:t C~urt in and for Johnson County, Iowa, and the Southern United States District Court (Davenport Division). Section 23. Attornev Fees. In the event a legal dispute arises concerning the terms and conditions of this Agreement, and specific performance, damages and/or criminal prosecution 9 is sought, the prevailing party shall be entitled to reimbursement for all reasonable attorney fees and costs resulting from said litigation. Section 24. Notices. All notices and other communications to be given by either party may be given in writing, depositing the same in the United States mail, postage prepaid and addressed to the appropriate party as follows: To PATV: Public Access Television, Inc. 123 S. Linn Street Iowa City, IA 52240 To City: City of Iowa City 410 E. Washington Street Iowa City, IA 52240 City of Coraivi~ie Hcritago Cablovioion, Ino 1512 7th St. 6~6 Southgato Avonuo Coralville, IA 52241 P.O. Box 1600 Iowa City, IA 52240 Any party may change its address for notice by written notice to the other party at any time. Section 25. Entire Aclreement. This Agreement is the entire agreement of the Parties, and supersedes all prior negotiations and agreements, whether written or oral. This Agreement may be amended only by written agreement. No purported oral amendment to this Agreement shall be valid. Section 26. Severability. In the event some portion of this Agreement is found invalid ~co.~'11~11~:i~i~'.~...j~, ~'~ji~]~.:~ it shall be deemed severable, and the remainder shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Date written above. CITY OF IOWA CITY, a municipal corporation PUBLIC ACCESS TELEVISION, INC. a non-profit corporation By: By: Naomi J. Novick, Mayor Date: Date: 10 CiTY OF' COBAL~U.,LE, a munioip~i ' cl~i~Wr a~iocl Jim FaUsatt, 'Mayor HERITAGE CABLEVISION, INC. a o~blo tolovir, ion oompony By: Approved by City Attorney's Office MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION MONDAY, JULY 22, 1996 - 5:30 P.M. CITY ATTORNEY'S CONFERENCE ROOM DRAFT MEMBERS PRESENT: Cordell Jeppsen, Betty McKray, Eric Rothenbuhler, Steve Hoch and Howie Vernon MEMBERS ABSENT: STAFF PRESENT: Shaffer, Brau, Helling, Dilkes OTHERS PRESENT: Ren~ Paine, Derek Maurer, Barb Black, Mark Weills, Beth Fisher, Susan Rogusky, Mary Jo Langhorne, Jim Jacobsen RECOMMENDATIONS TO CITY COUNCIL The Commission unanimously approved three recommendaborts to the City Council. The Commission recommends approval of the new contract with PATV to provide public access services. The Commission recommends that the City Council approve the three-year cable TV pass-through allocation plan for equipment purchases to enhance the local access channels as outlined in Shaffer's memo of July 16. The Commission recommends a community programming coordinator be hired using the cable TV pass-through funds, that this person be hired, housed and supervised by the City Cable TV office, that an advisory committee be created to provide input to the City Cable 'IV office regarding community programming. The advisory committee is proposed to include representatives of the access channel providers, and the community programming produced should be made available for playback on all the access channels. SUMMARY OF DISCUSSION Maurer reported PATV is in the process of recruiting three to four new members for the PATV Board. Shaffer reported an agreement has been reached with PATV to renew their contract. Coralville may be a party to the contract. The BTC voted unanimously to recommend to the City Council to approve the contract with PATV. The Commission voted unanimously to recommend to the City Council to approve the three-year pass-through fund allocation plan to enhance the Focal access channel with equipment purchases, as outlined in Shaffer's memo of July 16. The Commission discussed the merits of two proposals for hiring a staff person to produce and Broadband Telecommunications Commission July 22, 1996 Page 2 coordinate community programming. Representatives from the Library, the Senior Center, and PATV put forth a proposal giving responsibility for hiring and supervising of the community pro- gramming staff person to the PATV Board due to a concern that locating them in a channel with a content mission might lead to an inadvertent drain of community programming staff time to the supervising channel. The Commission voted to recommend to the City Council that a community programming staffperson be hired using the cable TV pass-through funds, that this person be hired, housed and supervised by the City Cable 'IV office, that an advisory committee be created to provide input to the City Cable 'IV office regarding community programming, and that the advisory committee include representatives of the access channel providers, and that community programming should be made available for playback on all the access channels. APPROVAL OF MINUTES It was moved by Hoch, seconded by McKray to approve the June 24, 1996 minutes. The motion passed unanimously. ANNOUNCEMENTS OF COMMISSIONERS None. SHORT PUBLIC ANNOUNCEMENTS None. TCI REPORT None. LIBRARY REPORT Fisher reported the library channel has been off the air for short sporadic periods during the past month. TCI has claimed this is due to the construction taking place at the corner of Gilbert and Burlington. Broadband Telecommunications Commission July 22, 1996 Page 3 PATV REPORT Maurer apologized to Hoch for singling him out and the personal tone in his memo to the BTC. PATV is in the process of recruiting for 3-4 new Board members in November, It is hoped broad representation on the Board can be accomplished, Suggestions should be forwarded to Maurer or Paine. LEGAL REPORT Dilkes had nothing to report. Hoch asked about progress about developing an ordinance to establish a framework for regulating any future competitors with Tel, Hoch stated he believes competition is the only option available to control rates. Dilkes said she is currently researching the possibility of franchising the telephone company. Given the complexity of the issues, it will be a minimum of a couple months before a telecommunications ordinance could be ready for review, Shaffer said there are two issues. First, there is the issue of franchising the telecommunications providers for their existing service. Secondly, there is the issue of a telecommunications ordinance which would regulate potential video competitors to TCI. Hoch urged staff to move as expedi- tiously as possible. ECC REPORT Langhorne reported TCl is sending her and another teacher to Denver for three days of training. If these sessions are judged valuable others will also attend in the future. TCI has offered to send a number of educators. The program listings in the Press-Citizen have generally listed only programs provided by the Iowa City Community School District when Channel 11 also carries programming from Kirkwood Community College. Steps will be taken to ensure accurate listings and provided to the Press-Citizen. CABLE TELEVISION ADMINISTRATOR REPORT Shaffer reported he has begun receiving and reviewing model telecommunications ordinances. Rice, Williams report regarding rate regulation will be ready for the Commission next month. The Government Channel guidelines will also be ready for review at the next BTC meeting, Broadband Telecommunications Commission July 22, 1996 Page 4 Shaffer reported receiving 13 complaints - four about outages, one about PATV and the library channel outages, three about rate increases, one about a TCI customer service representative misinforming a subscriber that there are no service or repair calls on the weekends, one about converter charges, one about connection fees, one about TCI offering discounts if subscribing to Sprint for phone service, one about a billing problem, and one about a TV set being damaged due to a lack of cable 'IV grounding. The City legal department is looking into the TCI/Sprint discount program and has interested the State Attorney General's office regarding the matter. ' BTC ANNUAL REPORT It was moved by Hoch, seconded by Rothenbuhler to approve BTC Annual Report. The motion passed unanimously. PATV CONTRACT RENEWAL Shaffer reported City staff and representatives from PATV met and went through the letter from PATV's lawyer regarding the draft contract. Agreement was reached on the items raised in the letter and incorporated into the contract. Helling reported Coralville City Manager Kelly Hayworth is optimistic that they will be able to be a party to this contract. Coralville may know their refran- chising status by the middle of August. Hoch asked if both cities had to agree to opt out of the contract before the contract could be terminated. Helling said the intent was that both cities would have independent judgments. Dilkes said if that was the intent, the language is sufficient. Rothenbuler moved to recommend to the City Council to approve the contract with PATV. Vernon seconded the motion. The motion passed unanimously. Jeppsen congratulated and thanked those who had worked on the contract. The work by the City staff and those involved in negotiations put together an agreement everyone is happy with and serves the City and community well. COMMUNITY PROGRAMMiNG/PASS THROUGH FUNDS Hoch moved to recommend to the City Council that they approve the three-year equipment spending plan from the cable TV pass-through funds outlined in Shaffer's memo of July 16. McKray seconded the motion. McKray said she attended the meetings in which the access Broadband Telecommunications Commission July 22, 1996 Page 5 channel providers met to discuss equipment allocations and she was pleased with the spirit of cooperation demonstrated. The motion passed unanimously. Jeppsen outlined the issues regarding community programming. Should a staff person be hired? If so, what would their major job responsibilities be and at what level of pay. What organization should be responsible for hiring and supervising the new staff person? McKray said there are three policy decisions which would be productive to be made prior to evaluating the specific proposals presented by PATV, the City, and the new proposal offered by the library, the Senior Center, and PATV. The three policy issues are: Determining what types of programs are community programming. Community program- ming can be seen as two types -- events available to the general public to attend or participate in (such as a parade, concert, forums/town meetings, and athletic events), and programs that are produced to inform the public about the community, its history, tradi- tions, and services. A community programming logo and a statement of responsibility may be included on programs produced by individuals or groups. All access channels should be made available for cablecasting community programming. Any access provider may produce community programming without the assistance of the Community Programmer. McKray moved that any policies adopted by the Commission be consistent with those outlined above. Vernon said the policies outlined are a good vision and the details can be worked out and defined as things progress. This is a good starting point and broad enough for a Commission policy statement to get started. Hoch said including a community programming logo on a program should be decided by the access channel involved, not the BTC. Jeppsen said the BTC has discussed logos as a means of encouraging visibility to the community about how their pass- through funds are being spent. Rothenbuhler said the legitimate use of a community program- ming logo depends on how community programming is defined. Hoch said a logo, to some degree, is content and this conflicts with PATV's contract which prohibits control of content. McKray said her intent was to increase visibility, not to force access channels to do anything. McKray modified the wording to encourage the use of a logo. Any program, regardless of who Broadband Telecommunications Commission July 22, 1996 Page 6 provided it, should be entitled to use the community programming logo if it fits the definition of community programming. Rothenbuhler said he is in favor of using the community programming logo, but a problem could develop depending on how one defines community. As an example, everyone might agree that the puppet shows cablecast by the library are community program- ming. In fact, that program probably appeals to a narrow audience or may be special interest programming. Likewise, one could assert that a work of art with a radical aesthetic is community programming because the creator is a member of the community and there are people in the community with an interest in it. McKray said the definition she provided was intended to limit community programming to programs of interest to the general community. Jeppsen suggested that if a program was produced using community programming money, then it could use the logo, if desired. McKray said the intent of the proposal was to state that it is the policy of the Commis- sion that rules be developed to govern use of the logo. Rothenbuhler suggested changing the language in McKray's proposal to state that it is the disposition of the Commission, rather than policy, as the Commission should not be setting up rules which would entangle it in deciding if the logo is being used appropriately. If a problem developed in how the administrating channel was using the logo the Commission could become involved. Hoch suggested changing the first part of the definition of community programming from public events to community events. McKray accepted that change and also agreed to modify her proposal as a statement of the disposition of the Commission rather than the policy of the Commission. Helling clarified that the Commis- sion can set policy for itself but may not bind the City. Rothenbuhler seconded the motion as modified. The motion passed unanimously. Maurer clarified that the proposal from the library, Senior Center, and PATV supersedes PATV's previous community programming proposal. Rothenbuhler said a community programming staff person should be responsible for producing programs. There is a shortage of producers. Vernon said the major issues to be debated are costs and the allocation of funds. A less-salaried person who is more of a coordinator serving as a single-point of entry for requests, and using the remaining money for equipment is one point of contention between the City proposal and the proposal from the library, Senior Center, and P^TV. Barb Black, speaking on behalf of the proposal forwarded by the library, Senior Center, and PATV, said that they agreed with Shafffer that a producer is needed rather than a coordinator. Broadband Telecommunications Commission July 22, 1996 Page 7 Hoch said the Commission had a memo from Shaffer and Helling outlining their view on why a community programming staff person should be hired, housed and supervised by the City Cable 'iV office. An argument needs to be made why the PATV Board, or a board made up of access channel providers, should provide supervision. Barb Black, serving as spokesperson for the library, Senior Center, and PATV said they were concerned that an access channel with a prescribed mission, as opposed to PATV which doesn't have a content mission, may inadvertently draw some of the community programming staff time into the mission of the supervising channel. It is difficult to keep the responsibilities separate. Money which was specifically meant for community programming could end up being used in other ways. Jeppsen said the proposal from the library, Senior Center, and PATV does not address that issue. PATV has a mission, a mission of public access. The same risks may exist as some community programming funds may end up being used for a public access function. Rothenbuhler said a space in the system needs to be protected for pure public access. The community programming initiative is distinct from that because the person hired will have content responsibility. Black said the staff person would be overseen by the PATV Board, but with a separate contract. Cablecasting of individual programs would not be just on public access channel 2, but whatever channel is appropriate following a set of guidelines. Weills said the library, Senior Center, and PATV were concerned there was no mechanism for their input or an advisory role. Hoch said the proposal from the library, Senior Center, and PATV calls for a contract with PATV and a broadening of the stated mission of PATV. Rothenbuhler said he didn't see the need for adding complexity. PATV has a job and a contract to do that job. If the community programming staff were under PATV's authority a new contract and a new mission statement will be needed. The community programming staff could be located in the City without an erosion of responsibilities for community programming and a commitment to work with all of the access channels. There could be an advisory board without another layer of contracts and mission statements. If the desire is that the staff person will work with all kinds of community groups, whose responsibility is the most general definition of community program- ming, and who places programming on all access channels, then they should be located in the most neutral office among those available. That would be the City Cable TV Office. Shaffer noted that the"City proposal included a community programming support group which would provide guidance and a mechanism for input. This is similar to the advisory group in the library, Senior Center, and PATV proposal, but they would not be responsible for evaluation or supervision of the community programming staff. In the City proposal the staff would be responsi- ble to Bob Hardy, who in turn reports to Shaffer. Broadband Telecommunications Commission July 22, 1996 Page 8 McKray said she is prepared to support the City Cable TV office proposal for several reasons. First, the City Cable office is prepared to move ahead now. There is also a need to protect the mission of PATV. PATV has a big job to do and the responsibility for community programming could water-down their public access function. The City Cab!e office has the equipment, space, and willingness to proceed with community programming. If in a year the Commission decides a new organization needs to be formed to oversee community programming, it could be done at that time. McKray moved the Commission recommend to the City Council to adopt the communi- ty programming proposal put forth by the City Cable 'IV Office. Hoch seconded the motion. Vernon said the community programming staffperson should report to Shaffer rather than Hardy because it would be hard for the community programming staffperson to coordinate with someone they report to. The priority of the community programming staffperson may lean towards the person they work for. If the staff was a peer of Hardy's then coordination would be easier. Maurer said PATV's mission is to broaden participation in the media and specifically in community access. If the community programming staffperson is located in the City, he could support that, but would advise the Commission to set up an advisory panel in order to facilitate input. For community programming to be successful the resources of all access channels needs to be drawn upon. In order to draw upon those resources, accountability to those channels needs to be incorporated. An advisory panel could achieve that goal. Shaffer noted that the City proposal does include, in two places, mention of an advisory board. Black said the library, Senior Center, and PATV proposal was not responding to that proposal but the material and memos from the June 24th meeting packet. Helling said the City proposal intended to make the community programming staffperson a classification below Hardy's classification. The idea was to change Hardy's responsibilities so he would also be responsible for community programming activities. If the community programming staffperson was a peer, the pay classification may need to be changed. From an organizational perspective, Shaffer and Hardy should be able to separate responsibilities. If after a period of time it is felt the community programming staff might be leaning towards government program- ming, then it can be addressed at that time. It's easier to create a lower level position and later move someone up a level if needed. Vernon said it wouldn't be necessary to pay the community programming staff at a level equal to Hardy even if they were to be seen as a peer. Broadband Telecommunications Commission July 22, 1996 Page 9 Hoch said the Commission should not micromanage. The Commission's intent is clear. Any organization will have a mechanism to ensure the duties outlined in the job description will get done. Rothenbuhler said he recognized the possibility that the community programmer may be put in a difficult position, but the Commission should only state their intentions, goals, and desired outcomes. The Commission should defer management decisions to the organization the commu- nity programming staffperson is going to work in. The Commission should recommend the resources, permit the organization to do the best it can, and evaluate them after a period of time. Jeppsen restated McKray's revised motion. McKray had moved to recommend to the City Council to allocate money from the pass-through funds to hire a community programming staffperson to be located in and supervised by the City Cable -IV Office. An advisory oversight committee should be established to provide input to the City Cable TV office. Those on the advisory committee should include representatives of each of the access channels. Community program- ming should be made available to all the access channels, The motion passed unanimously, BTC STRATEGIC PLAN Vernon moved to defer this item to the next BTC meeting. Rothenbuler seconded. The motion passed unanimously. ADJOURNMENT It was moved by Hoch, seconded by Vernon to adjourn. The motion passed unanimously. Adjournment at 7:15 p.m. Respectfully submitted, Cable Te'~.vJsio'n Administrator Date: To: City of Iowa City M MORANDU Steve Atkins, City Manager From: Joe Fowler, Director of Parking and Transit Re: Student Bus Pass Arrangements have been made with the University of Iowa to sell student semester transit passes. The passes will be sold by the Parking Division of the University's Parking and Transpor- tation Department. The City will not sell the semester pass as we have no way to verify if a person is a student. The pass will sell for $80.00 per semester. Students may either pay cash or charge it to their University Bill. The University will issue a check to the City monthly as fees are paid. This program will be instituted as a one-year trial. Dudng the fall semester students will be issued a initial pass and mailed passes each month during the remainder of the semester. Each pass will be identified as a student pass. Pass holders will be required to present a student identifioa* tion if requested by transit employees. This program will also be offered to Kirkwood Community College. If Council wishes, it can be expanded to public school students. City of Iowa City MEMORANDUM Date: July 31, 1996 To: The Honorable Naomi J. Novick and Members of the City Council; Linda Murray, Chair, and Members of the Housing and Community Development Commission From: Linda Newman Woito, City Attorney ^ ~/~ -~~ Eleanor M. Dilkes, Assistant City Attorney Re: Housing and Community Development Commission - Conflict of Interest Issues Background The purpose of this memo is to follow-up on Steven Nasby's memo to the City Manager and City Council dated June 24, 1996 regarding the Housing and Community Development Commission (HCDC) and the issue of conflict of interest. As you know, HCDC makes recommendations to the City Council on the allocation of federal Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds. Many different human service agencies apply for these funds. The question has repeatedly arisen whether a member of HCDC should vote or participate in funding discussions if such member is affiliated with an applicant for monies from the Commission or affiliated with an applicant which is in competition for monies. On August 27, 1996, the City Council will make three appointments to HCDC. In Linda Murray's memo of June 3, 1996 she notes that it places an undue burden on the Commission to have members prevented from participating in funding discussions and recommendations due to conflicts of interest. She requests clarification of the policy regarding conflict of interest as it pertains to HCDC membership and future appointments to the HCDC. The memos from this Office provided you by Steve Nasby give much background concerning the legal analysis of conflict of interest issues, and we will not restate those discussions here. However, we will reiterate that we recommend abstention from situations of potential conflict of interest in accordance with the laws developed by the Iowa Suprame Court. As noted in our earlier memos, the appearance of a conflict of interest should be avoided as assiduously as actual conflicts. A copy of this office's March 4, 1996 opinion signed by Linda Woito, Anne Burnside, and Sarah Holecek is attached. We believe this memo most clearly and succinctly sets forth our opinion concerning the conflict which arises when an HCDC Commission member affiliated with an appllcant for monies votes or participates in funding discussions. Restatement of Conflict Rules Of course, conflict of interest issues arise in many contexts and for members of boards and commissions other than the HCDC. The particular conflict we address here is somewhat unique to the HCDC because it makes funding recommendations to the City Council. Because conflict 2 of interest questions are fact-based inquiries, we hesitate to set forth rules to apply without an examination of the factual context. We do so here with respect to the specific issue set forth above, only because of the unique function of HCDC, the fact that this issue has been addressed by this office on numerous occasions and because the HCDC has requested that we do so. Therefore, in accordance with this Office's March 4, 1996 memo, we recommend that the following rule be followed: A Commission member should not vote or participate in funding discussions if such member is affiliated with an applicant for monies or affiliated with an applicant which is in competition for monies, without regard to the amount of money sought by the applicant with which the member is affiliated or the amount of money sought by the applicant which is in competition for monies. 'Affiliation,' at a minimum, means the status of the Commission member is a Board member of the applicant or employee of the applicant. Other types of affiliation must be examined on a case-by-case basis, as presented to the City Attorney's Office. To summarize, it is the opinion of the City Attorney's Office that no distinction should be made on the basis of the amount of money sought by the applicant with which the Commission member is affiliated or by the competitor applicant. Although one might argue that a nominal amount of money is unlikely to influence a Commission member, the focus must remain on the potential for conflict. Although not required, the most prudent approach for a commission member is to leave the room when voting or discussion is occurring in which the member may not participate due to a conflict of interest. Bylaws of HCDC Commission, Article 4, Section B We note that the HCDC's bylaws reflect no preference for the appointment of persons affiliated with human service agencies that are recipients of money from these funding programs. However, the bylaws do provide for appointment of persons with other expertise: "Section B. In order to satisfy the purpose and intent of this citizen commission as required by the U.S. Department of Housing and Urban Development, when possible, at least one person shall be appointed to the Housing and Community Development Commission with expertise in construction and at least one person with expertise in finance. In addition, when possible, the Commission shall include one person who is a member of the local Homeless Coordinating Board and one person who receives rental assistance." The local Homeless Coordinating Board is a board mandated by the State to oversee emergency shelter grant funding (federal funds that are passed through the state and administered by the City). This board consists of 25 people from entities that address the issue of homelesshess. Although the Board includes representatives of human service providers, it also includes hospitals, 4C's Child Care and other entities with broader goals. 3 Recommendation We suggest that two additional questions be placed on the application form for appointment to the HCDC, to read as follows: List the agencies or entities with which you are affiliated (.e.g an employee or board member) and for each such entity describe the nature of your affiliation. Note: This question is asked only to clarify whether a potential conflict of interest exists under Iowa law. To your knowledge, have any of said entities with which you are affiliated applied for funds allocated by HCDC in the past or do any of said agencies anticipate applying for funds in the near future? If so, please specify said entities. Because an applicant may not know whether an entity with which he or she is affiliated receives CDBG or HOME funds, we suggest that the application be reviewed by Community Development Division staff prior to submission to Council solely for the purpose of noting whether the entity identified by the applicant has applied for CDBG/HOME funds. Finally, we need to remind all concerned that "one size fits all" does not apply to conflict of interest questions, and that some questions will continue to be examined by this Office on a case- by-case basis. CC: Steve Atkins, City Manager Maurice Head Steve Nasby Marian Karr, City Clerk City of Iowa City MEMORANDUM Date: To; From: Re: March 4, 1996 Marianne Milkman, Community Development Coordinator Linda Newman City Attorneyn~ey Woito, Anne G. Burnside, First Assistant City Attor Sarah E. Holecek, Assistant City Attorney Legal Opinion Request: FY97 CDBG/HOME Applications; Conflict of Interest for Housing and Community Development Commission Members with respect to funding allocations ISSUE The Iowa City Housing and Community Development Commission has received applications from numerous entities for allocation of FY97 CDBG/HOME funds, and having determined that a number of these applications are eligible for funding, will now proceed to specifically allocate funds to those applications previously reviewed. Having given the opinion that a member of the Commission has a conflict of interest which precluded participation in the hearings on the merits of those applications competing for funds within the housing project category (,see Legal Opinion of Anne G. Burnside dated February 19, 1996), the question now arises as to whether the Commission member who holds a Board position with the Greater Iowa City Housing Fellowship may participate in the allocation of funds between the approved applications. CONCLUSION As the applications submitted by the Greater Iowa City Housing Fellowship have been reviewed and now await a specific allocation of funds, Mr. Charles Eastham, as President of the Board of Trustees of the Greater Iowa City Housing Fellowship and areember of the Iowa City Housing and Community Development Commission, has a conflict of interest which precludes his participation in the allocation of FY97 monies to all applications because there is a likelihood that his participation in discussion of a competing application will affect the percentage and/or dollar amounts available for his agency's allocation. As a result of this likelihood, Mr. Eastham should neither discuss nor vote on the allocation of monies to any of the applications. DISCUSSION The Iowa City Housing and Community Development Commission will be allocating funds to pending applications during meetings on March 13th and 14th, 1996. The monies which are to be allocated include both CDBG and HOME funds. Although all HOME funds are "earmarked" exclusively for affordable housing projects, CDBG funds are not so specifically designated, and thus CDBG funds are included in the "pot" of funds to be allocated within the Housing Projects category. If applications in other categories are not funded in their entirety, the surplus funds from those categories may be transferred to the Housing Projects category, thus increasing the amount of funds to be allocated within this category and correspondingly increasing the likelihood of full funding for GICHF applications. In sum, the allocation of funds to other applications in any category affects the amount and probable allocation of funds to GICHF applications within the Housing Projects Category. Further, as funding within the Economic Development Projects category exceeds the applications for such funds by $36,754, it is certain that there will be a discussion and re-allocation of surplus funds from that category. Likewise, funding shortfall within other categories will lead to a discussion and vote on partial funding within those categories. It is important to note that the work of this Commission involves the direcz funding of outside agencies by allocating public monies. This is in contrast to the work of any other City board or commission. It is a common goal that the City Council should attempt to appoint persons with expertise to municipal boards and commissions because those bodies serve an advisory function to the City Council. However, the typical Iowa City board or commission does not hold funding hearings and advise the Council on funding issues, as does the Housing and Community Development Commission. One further distinction is notable. I~J~ ~/J~I~t~!~a;I~I~F_~X~,X/X~X~i~X~If3~ice!~3~K The line between advising and advocating may be unclear at times, but when that is so, a member must err on the side of avoiding action which creates a conflict of interest. Each member of a board or commission owes a primary allegiance to the entire board and to the City, and every effort must be made to guard against advocacy for a member's interest. For these reasons, this opinion must be seen as fairly unique to the Commission. The legal analysis presented in the Opinion of Anne G. Burnside dated February 19, 1996 also applies to this conflict of interest question and will not be restated here. As outlined in that opinion, the City Attorney's Office has repeatedly concluded that a Commission member should not vote or participate in funding discussions if such member is affiliated with an applicant for monies or affiliated with an applicant which is in competition for monies. As stated above, the allocation of monies to one applicant necessarily affects the total amount of monies to be allocated to other applicants, and as such, all applicants are necessarily in competition with one another for monies. Thus, the Commission member who holds the position of President of the GICHF Board of Trustees must not participate in the discussion of allocation of monies to any applications, and must abstain from voting to award monies to such applications. Specifically, Mr. Charles Eastham should not participate in the discussion or vote on the allocation of monies to any applicants so long as he holds a position of rank with GICHF and so long as GICHF is an applicant for CDBG/HOME monies. Attachments City of Iowa City MEMORANDU Date: To: From: Re: July 12, 1996 Stephen Atkins, City Manager Don Yucuis, Finance Director~(~.. Update on Cash Accumulation for the Wastewater Fund and Water Fund I wanted to update you on how the Wastewater Fund and Water Fund operating budgets have fared for the current fiscal year ended June 30, 1996. I also wanted to show you the expected ending cash balances based on the City Council policy of accumulating cash equal to 20% of the project costs to pay for a portion of the wastewater and water capital projects. Attached you will find two schedules summarizing the revenues, expenses and ending cash balances through Fiscal Year (FY) 1999 for Wastewater and Water Fund Operations. WASTEWATER FUND OPERATIONS The estimated actual FY96 cash balance for the Wastewater Fund is approximately $4.6 million compared to the amended budget cash balance of $3.8 million. Estimated revenues for FY96 are approximately $50,000 more than the amended budget and expenditures are approximately $720,000 less than the amended FY96 budget. The major area that was under budget was transfers to pay for General Obligation and Revenue bonds. These transfers were much lower than expected because of favorable bids on the project, decrease in the size of the bond issue and timing of when the bond issue was sold. The projected ending cash balance increases from $4.6 million at the end of FY96 to approximately $7.8 million at the end FY99. Rate increases are projected in each of the three fiscal years shown in order to accumulate the 20% cash. WATER FUND OPERATIONS The Water Fund's estimated actual FY96 cash balance is projected to be approximately $2.95 million compared to the amended budget of $2.5 million. Revenues are approximately $350,000 greater than expected. Water sales were higher by approximately $300,000 and interest income accounted for the balance of the difference between actual and budget. Expenses were approximately $76,000 under budget and the majority of that was in transfers to capital projects or abatements for General Obligation bonds. The FY96 cash balance of approximately $2.95 million is projected to increase to approximately $6.67 million by FY99. Again, rate increases are projected in each of the three fiscal years shown in order to accumulate the 20% cash. WASTEWATER FUND OPERATIONS ..... [ J .............. -~7 §,~ ACTUAL, FY 96 AMENDED BUDGET AND ACTUAL, FY 97 BUDGET AND FY 98 AND 99 PROJECTIONS FY 96 FY 95 AMENDED ACTUAL BUDGET FY 96 EST. FY 97 FY 98 FY 99 ACTUAL BUDGET PROJECTION PROJECTION .~e_~i.n. nin~' B-~i~n(Je ........ .... 3,18_2,_7.09.. 3,182,709 . .~s' ~ ~e~i~ '.~.'~ .~ ' ' '~,~,~' --- 8,518,S91 ---~,383,635 FEMNFHWA Flood Grant 140,847 Interest Income 550,930 ...... Wastewater L~.Sv~s Chgbac~ Miscellaneous Transfer 163,619 4,596,816 5,237,913 6,149,076 9,~,774 10,466,677 11,446,238 455,000 .... 549,65~" 541,15~ ...... 552,910 599,738 20,500 78,376 20,500 20,500 20,500 53,000 54,841 53,000 53,000____ 53,000 11,600 41,378 TOTAL RECEIPTS ....... -~,8-~1~',952 --.~,058,691 9,107,88.8 10,089,426 - 11,093,087 12,119,476 Personal Se~i-c~'~ ..... ~11.- ' '~- .' ~_1,0._74,227) Commodities ...... (215,592l Services A~ ~,h~rg~.s ........._(992,27'~~ Capital Outl_a_y ..........(96~_19__6~) Transfers (4,202,899) -_.-~1,148,677) -_ (__1,110,257) (1,174,443) '- · (230,535) (234,512) (264,100) .. (1,2_3_9.,~9_16) (1,160,478_)_- (1,253,348~._ ___.~21,148) ___(._41_1,056) (3_16,355)_ (5,377,460) (4,777,478) (6,440,083) ..(1,243,383) __ (1,316,590 (271,367) (278,845) (1,289,634) .(.1.,327,011 .(289,345) (206,571l (7,088,195) "- (7,349,024 .T__O.T_A.L_E__X.p.E.N.D.!TU.RE._S.. (6,581,185) (8,417,736) (7,693,781_~. (9,448,329) (10,181,924) (10,478,041 ENDING BALANCE .......... '~',~'~3~,~'~-§ ' 3,823,664 4,596,816 5,237,913 6,149,076 7,790,511 TFUNCT.XLS \Wastewater Fund 7111/96 WATER FUND OPERATIONS I I -FY 95 A~T-u-~L,' [=Y 96 AMENDED BUDGET AND ACTUAL, ..'_F~'.. _97__BLI. D_G.E~' AN_[:) _F'~ ~_~ AND 99 P_R..O_ _J_EC~10.~-'].'.-_'' __ , _Be.~jnning Balance FY 96 FY 95 AMENDED ACTUAL BUDGET · .1..92.3,_8.81_. ~,.39_3,__28_~' FY 96 EST. FY 97 ACTUAL BUDGET 2,393,285 2,9..4..7_,85__4.. ~e-r'~l~s 5,937,091 F EMNFH'~/~, ~J0(~J ~{' .... 51,852 1,663 Interest Income 149,423 175,000 230,586 198,000 Miscellaneous~'e'~enue 32,462 50,000 28,503 Miscellaneous '¢r'~: ' ' 496 FY 98 FY 99 PROJECTION PROJECTION 3,558,426 4,789,936 3,887,979 4,808,100 5,120,410 7,146,970 8,476,451 __ 259,000 _ _ 39__.8.,_00_~0' .... 4 ,.._~1:~2_,_2.1_2_ ..~5,033_, 1_~.0. 5,381,162 . _6.,.1.3__5,.091 7,405,970 8,874,451 '~:s~ §eCvi'c~s Commodities Sen/ice. s_.An.d' Charg_es Capita.! .0. u. tl_a.y . Transfers ...... ({;~'¢-~i'~)~'~ ~]176,931) ~-~-,262,668). ] .1,_2_20, 01_7) (§.53_,.._8.6§) .. (--77.3_,4_41) (738,146)_ (840,724) (932,821), (_1,256,120)..(_1,194,788). (1,170,588) __ '_'_(~'~,16.--_7_~i (238,855) . (23_5,79_7_) (258,140) (766,645) (1,456,724) (1,395,195) (2,035,050) i ]_ '.. (3,652, ENDING ~,~_~h-C'-~ ........... 2,393,285 .._ (1,291,224) (1,366,831 (857,258) (874,283) (1,205,673) ..... (_? ,_2_41_,808 (145,ooo) ¢50,00.o) (2,675,305) (3,359,521 -- -- .__(.4.,_9p2_:.0.71) .._(4,826,594) __~.,5_2..4._,519) (6,174,46~__.__~(~,992,443) 2,524,314 2,947,854 3,558,426 4,789,936 6,671,944 'fFUNCT.XLS', Waler Fund 7/11196 Date: August 1, 1996 To: City Council, City of Iowa City From: Jeff Davidson, Transportation Planner Re: Compromise alternative alignments for the proposed extension of Hwy. 965 The Coralville City Council has agreed to participate with the City of Iowa City in the engineering and environmental impact study of the so-called compromise alternatives for the extension of Highway 965 south of Highway 6. This decision followed extensive discussion at their July 23 work session. The alternatives to be evaluated are shown on the following figure. Mayor Fausett and members of the Coralville City Council asked me to communicate to you that they are willing to contribute half of the consultanrs fee ($2,000) with the following understanding: That the Iowa City City Council is committed to resolving this issue once the study information on the compromise alternatives is available. They are skeptical about the feasibility of one of the compromise alternatives, which utilizes a portion of the existing Deer Creek right-of-way and has two sharp curves. If during the course of the consultant's analysis this alternative is determined to be infeasible, Coralville has requested that no further analysis be performed on this altemative. The consultant has indicated a draft report should be available by August 20. Coralville has requested this item be placed on the August 28 JCCOG Urbanized Area Policy Board meeting agenda for discussion. This is being requested in lieu of another joint meeting between the city councils of Coralville and Iowa City, and the Johnson County Board of Supervisors. To remind you, what we are working toward is each of the three political bodies agreeing to enter into an agreement which would establish the alignment and preserve the corddot for the new road. This will enable it to be constructed incrementally over several years. I have had contact with members of the Johnson County Board of Supervisors, and they are prepared to take a more aggressive role in this issue in order to bring Coralville and Iowa City to some agreement. I have also been keeping property owners in the area advised of what is going on. Since no public hearing is required regarding this issue, I have encouraged individuals to contact elected officials directly to voice their opinions. As I indicated to you previously, the diagonal severance of property is a concern for some property owners. The consultant has been directed to minimize this impact to the degree possible. I have continued to receive comments from area property owners acknowledging the inevitability of the new road, and recognizing that an alignment plan is needed. Feel free to contact me if you have any questions. CC.' bc3-2JO Steve Atkins Karin Franklin Chuck Schmadeke Rick Fosse City of Coralville Johnson County Board of Supervisors ~'OLLOWING IS ~ BEST DOCUMENT AVAILABLE COMPROMDSE ALIGNMENTS TO mE EVALUATED 7/8/96 r~u~iI ENVIRONMENT& ~1 INFR.~,STRUCTURE FIGURE 4 FIliAL ALTERNATWE$ TO: FROM: DATE: RE: CITY OF IOWA CITY ~ ~/ ~ Steve Atkins Marilyn Kriz, Farmers Market Supervisor~ July 26, 1996 Iowa City Farmers Market With respect to the level of participation by vendors at the Iowa City Farmers Market, a decrease has occurred at the Wednesday marKu¢~. The Saturday markets are filled to capacity, with vendors being placed on a waiting list. The reasons for the decrease at the Wednesday ~,rrkets are that it is a shorter market (2 hours) as compared to the Saturday market (4 hours), the public's attitude, and the difficulty sometimes encountered by vendors in trying to get into their stall. With respect to the time frame, a shorter market results in lower sales for the vendors. They would like to begin earlier, but the general public has until 5 p.m. and permit holders have until 5:10 p.m. to remove their vehicles from the ramp; therefore, vendors are not allowed to begin selling before 5:30 p.m. The area is also congested with people walking through the market area to get to their cars. Also, the public's attitude on Wednesday evening is different than that on Saturday. They are generally just getting off work and are in a hurry to purchase their goods and get home. In general, sales taper off greatly between 6:15-6:45 p.m. Saturday is a more leisurely market, with attendance being fairly steady throughout the morning, and few parking problems. With respect to the level of participation by the public at the Iowa City Farmers Market, vendors have generally been pleased with the attendance. Information on the market is publicized in the department's activity brochures, the Iowa City Press-Citizen and Cedar Rapids Gazette, the U.S. West telephone book, by posters displayed at various facilities throughout the city, on the local cable t.v. station, by news releases sent to area radio stations, and MEMO TO: Steve Atkins RE: Iowa City Farmers Market July 26, 1996 Page Two (2) periodically in the city's newsletter. Information is also provided to the Neighborhood Centers of Johnson County, the University of Iowa Office of Campus Programs and Student Activities, and Neighborhood Associations. In the past, special euents have been conducted at the market, such as tractor pulls for children, watermelon days, barbecues, and musical entertainment. The majority of the vendors have indicated they do not wish to have special events, stating sales are hurt because people tend not to buy as much with their attention drawn elsewhere. Please let me know if further information is necessary to address the concerns expressed with respect to the Farmers Market. City of Iowa City MEMORANDUM Date: To: From: Re: August 1, 1996 Mayor and City Council City Clerk Council Work Session, July 15, 1996 - 6:30 p.m. Mayor Novick presiding. Council present: Novick, Kubby, Lehman, Norton, Thornberry, Vanderhoef. Absent: Baker. Staff present: Arkins, Helling, Woito, Karr, Franklin, Craig, Schoon, Dilkes, Clark, Nichols, Miklo, Kugler, Yapp, Davidson, Schmadeke. Tapes: Reel 96- 77, Side 2; 96-88, All; 96-82, All; 96-83, Side 1. Meeting transcriptions are available in City Clerk's Office upon request. LIBRARY EXPANSION: Reel 96-77, Side 2 [Library Board of Trustees: Traw, Hubbard, Spencer, Singerman, Swaim, Martin, McMurray, Greenleaf. Absent: Cox.] Library Board of Trustee members (Traw, Greenleaf, Singerman, Swaim, Martin) provided background information regarding library expansion plans. City Council and Library Board of Trustees agreed to schedule a joint meeting in September to discuss library project issues as it relates to downtown area development. Arkins stated PCD Director Franklin and Library Director Craig will prepare a list of issues. REVIEW ZONING MATTERS: Reel 96-81, Side 1 Senior Planner Miklo presented the following Planning and Zoning items for discussion: a. Motion settin~ a public hearing for August 6 on a resolution amendino the Iowa City/Johnson County Frin(~e Area Policy Agreement and incorporatina this amended aqreement into the Iowa Citv Comprehensive Plan. Miklo stated the revised fringe area agreement and supporting information will be in the next Council packet. b. Public hearing on a resolution aporovin~ the voluntary annexation of approximately 80 acres located southeast of Sycamore Street and north of the South Wastewater Treatment Facility. (Lanclenbera/ANN96-0001) 2 Public hearincl on an ordinance amendinq the Zoninq Ordinance by chancline the use reeulations of approximateiv 80 acres located southeast of Svcamore Street and north of the South Wastewater Treatment Facilitv. (Langenberq/REZ96-0012) Public hearinc on an ordinance amendinc~ the Zoninq Chapter bv approving a Sensitive Areas Development Plan and chanqinq the use regulations from RS-12, Hieh Density Sinqle-Familv Residential to OSA/RS-12, Sensitive Areas Overlav/Hiqh Density Sinele-Familv Residential for a 2.29 acre proDertv located at the intersection of Dubuque Street and Meadow Ridqe Lane. (REZ96-0011) Miklo stated the traffic study would be updated and available at the August 6 Council meeting. Public hearing on an ordinance amendine City Code Title 14, Chapter 6, "Zonine." Article H, entitled "Industrial Zones," Section 1, entitled "General Industrial Zone." PCD Director Franklin presented information. Public hearinc on an ordinance amendine City Code Title 14, Chapter 6, entitled "Zonine," Article K, entitled "Environmental Regulations," Section 1, entitled "Sensitive Areas Ordinance." Public hearina on an ordinance amendin~ City Code Title 14, Chapter 6, entitled "Zonine," Article O, entitled "Sien Requlations," to delete the specific reeulation of "political siqns," and to amend re(~ulations applicable to all temporary si(~ns, includinq political siqns. City Attorney Woito presented information. Public hearinq on an ordinance amendine City Code Title 14, Chapter 6, entitled "Zonine," Article E, entitled "Commercial and Business Zones," Section 1, entitled "Commercial Office Zone (CO-1)," to allow small-animal clinics in the CO-1 zone by special exception. PCD Director Franklin and Planner Kugler presented information. Public hearing on an ordinance amending the Zoninq Chapter by amendine the Conditional Zoning Aqreement for WestPort Plaza to eliminate the requirement for a "cohesive, inteqrated development," and to remove the requirement for the facades of the bulldines to provide "horizontal continuity," for property located in the CC-2, Community Commercial zone at 855 Hiqhway 1 West. {Staples/REZ96-0010) PCD Director Franklin and City Attorney Woito presented information. Council agreed to continue public hearing to August 6, 1996. Staff will follow up with P&Z Commission regarding a joint meeting if Council chooses to go against their recommendation. Ordinance amendinq the Zoninq Chapter bv amendine the Conditional Zoninq Aereement for WestPort Plaza to eliminate the requirement for a "cohesive, inteerated 3 development," and to remove the requirement for the facades of the buildinQs to provide "horizontal continuity." for property located in the CC-2. Community Commercial zone at 855 Hiclhwav 1 West. (StapleslREZ96-0010) (First consideration) See previous discussion. Defer to August 6. Ordinance amendin~ the ZoninQ Chapter bv desi(~natincl 36 DroJ3erties as Iowa City historic landmarks. (First consideration) Historic Preservation Commission Chair Doug Russell presented information. Ordinance amending the Zonincl Chapter by desiqnatincl propertv located at 332 E. Washinclton Street as an Iowa City historic landmark. (First consideration) Novick informed Council that the property owner at 332 E. Washington Street has filed a formal protest and it will require a super majority vote by Council. Ordinance amendincl the Zoning Chapter bv rezonina the followinq properties owned bv The Universitv of Iowa to P, Public: I E. Park Road (RNC420), 234 N. Madison Street (RM-44), northwest corner of Dubugue and Church Streets {RM-44), 230 N. Clinton Street (PRM), 324 S. Madison Street (CB-2), 300 Myrtle Avenue (RS-5), 421 Melrose Avenue (RS-5), 315 Melrose Avenue (RS-8), 1 21 Grand Avenue Court (RS-8), 127 Grand Avenue Court (RS-8), 129 Grand Avenue Court (RS-8), and 2222 Old Hwv. 218 S. {I-1). (First consideration) Ordinance amendincl City Code Title 14, Chapter 6, "Zoning," Article J, "Overlay Zones," by creatincl a new overlay zonin(~ district entitled "Desicln Review Overlay Zone." (First consideratiqn_). Separate discussion later in meeting. Ordinance amending the Zoning Chapter bv conditionall,/rezonincl a 2.32 acre tract from I-1, Industrial, to C1-1, Intensive Commercial, for propertv located east of. Sunset Street on the south side of Hiclhway 1. (Ruppert/VVisdom Development Group/REZ96-OOO6) (Second consideration) Resolution aoprovincl a final plat of Saddlebrook, Part 1, Iowa City, Iowa. (SUB95-0028) Resolution approving a final site plan for Saddlebrook, Part 1, Lot 4, a 222-1ot, 40 acre, manufactured housing park, located south of Hiohwav 6 and the Bon Air Mobile Home Lodge. (SUB95-0029) Miklo clarified the resolution would be amended to specify Lots 3 and 4. In response to Vanderhoef, Miklo stated he will check with the City Engineer regarding trail standards. 4 ECONOMIC DEVELOPMENT AD HOC COMMITTEE RECOMMENDATION: OPPORTUNITY LIST AND FINANCIAL ELIGIBILITY ASSISTANCE GUIDELINES: Reel 96-82, Side 1 (Economic Development Ad Hoc Committee members: Elliot, Lensing, Maurer, Cox, Sierk, Gross, Kurth.] PCD Director Franklin and Economic Development Coordinator Schoon provided information. Economic Development Ad Hoc Committee Member Elliot summarized the Economic Development Ad Hoc Committee recommendation opportunity list and financial eligibility assistance guidelines, Committee Members (Lensing, Maurer, Cox, Sierk) provided input, Staff Action: Draft a resolution for adoption of the list and guidelines at the August 27 Council meeting. (Franklin) DESIGN REVIEW OVERLAY ORDINANCE: (A§enda Item 4n) Reel 96-B2, Side 1 Design Review Committee Chair Martin Haynes reviewed recommended changes to the proposed design review overlay ordinance. Economic Development Coordinator Schoon provided information. In response to Council, Novick stated public comment on the proposed design review overlay ordinance will be accepted during Council's formal meeting on Tuesday. ELKS GOLF COURSE: GOLF HOLE RELOCATION: Reel 96-83, Side 1 PCD Director Franklin, Transportation Planner Davidson, City Attorney Woito, and Chuck Mullen, representing Elks Golf Course, presented information. Council directed staff to proceed with negotiations with the Elks, including discussions about use of the property, lease or sale, use of chemicals, and access road. Staff Action: Work with Elks to draft an agreement for consideration at the August 27 Council meeting. (Franklin) ON-STR~EET BIKE ROUTES: Reel 96-83, Side 1 Transportation Planner Davidson presented information. Council directed staff to proceed with alternative #3 sign designation. Staff Action: Staff will proceed to implement "Share the Road" signage according to the proposed route system. (Davidson) COUNCIL AGENDA/TIME: Reel 96-83, Side 1 In response to Norton, City Manager Arkins stated that he has been in contact with attorney Robert Downer, representing Bob Wolf, regarding South River Corridor project plans. 5 In response to Norton, Atkins stated staff is putting together a list of issues regarding comprehensive planning for the downtown area. Arkins noted that Parking and Transit Director Fowler is preparing a response memo regarding requests from Monday Forum group. (Agenda Item #2c(1 ) - Intent to convey four-foot tract of land.) In response to Kubby, Arkins stated that he will check on fair market value for land next to Shamrock Place. = (Agenda Item #2e(9) - HACAP - Iowa Emergency Shelter Grant program funding.) Kubby requested that Council vote on this item separately from the consent calendar as she is a member of the Board and would be abstaining, = (Agenda Item #2f(1) - Bushnell's Turtle liquor license.) Kubby requested Council scheduled discussion regarding Bushnell's Turtle's issue. City Clerk Karr explained the issue is outdoor service only and not the interior liquor license. Karr noted the outdoor service does not comply and they will be asked not to use their outdoor service area for serving alcoholic beverages until the matter is cleared up. (Agenda Item #13 - Vehicle towing and storage services contract to Big 10 University Towing.) Kubby raised concerns that one towing company receives all of the City's towing requests and requested that City staff look at a different way. Novick noted a newspaper article concerning City acceptance of a donated house and clarified that the City has not yet accepted the house from Kirkwood Community College. Novick noted the City has a request for nominations from the Lieutenant Governor's Committee on Diversity for the Prism Award. Nominations are due prior to August 2. APPOINTMENTS: Reel 96-83, Side 1 Design Review Committee - Daryl Woodson HIGHWAY 965: Reel 96-83, Side 1 City Manager Arkins stated that Transportation Planner Davidson is continuing design work on Highway 965 and the City has contacted Rust consultants to do the environmental work, estimated cost $4,000. Arkins reported Coralville had been contacted to share those costs, and declined. Council directed Arkins to contact the City of Coralville again and pursue dividing the costs. Meeting adjourned at 11:30 p.m. City of Iowa City MEMORANDUM Date: August 1, 1996 To: From: Re: The Honorable Mayor Naomi J. Novick and Members of the City Council Linda Newman Woito, City Attorney ~ ~ Update on "Play Vehicle" Committee As you can see from the attached memo from Assistant City Attorney Dennis Mitchell to the "play vehicle committee," together with the attached grid, staff is planning to meet soon regarding a review of the current regulations, including the proposed regulations for use of skateboards, in-line skating and unicycles. Since the biggest City staff problem has been the destruction of public property at the Chauncey Swan Park, I have reminded Parks and Recreation Director Terry Trueblood that there are other laws on the books which can be used to prevent destruction of public property and park benches at Chauncey Swan - namely simple misdemeanor charges for destruction of public property and even criminal trespass. Also, we discovered that the University of Iowa does not permit indiscriminate rollerblading, but has rules similar to ours. Assuming the staff committee can come to some agreement at our next meeting in early August 1996, we will be making a formal recommendation to you - to be incorporated into revisions to the City ordinance. At that time, you will once again address the question of whether you want to ban skateboards on the top portion of City parking ramps. Please call if you have questions. CC, Assistant City Attorney Dennis Mitchell Terry Trueblood, Parks & Recreation Director Bill Dollman, Parking Division Pat Harney, Police Department Jeff Davidson, Transportation Planner Rick Fosse, City Engineer City Clerk City Manager Assistant City Manager Attachments Inw~comrnu[od.mmo City of Iowa City MEMORANDUM To: Linda Newman Woito, City Attorney; Bill Dollman, Parking & Transit; and Captain Patrick Harney, Police; Terry Trueblood and Sheri Thomas, Parks & Recreation; Jeff Davidson, Transportation Planner; and Rick Fosse, City Engineer From: Dennis Mitchell, Assistant City Attorney Date: July 23, 1996 Re: Recommendations for "Play Vehicles" Ordinances I have reviewed the previous recommendations of the "Play Vehicle Committee" and have attached ordinances which I believe reflect those recommendations. NOTE: the draft ordinance is for discussion only. I would suggest we meet soon to discuss the ordinances, so please call our secretary, Annie Rowley, to set up a meeting in early August 1996. The following is a summary of my new draft ordinances: A. New Ordinance § 9-1-7 Entitled "Play Vehicles." Under the current ordinance, toy vehicles are prohibited from going upon "roadways," but the term "toy vehicle" is not defined. The new ordinance substitutes the term "toy vehicle" with "play vehicle" and defines "play vehicle" as roller skates, roller blades, skateboards, coasters, in-line skates, and other similar wheeled or coasting devices including unicycles. Play vehicles do not include bicycles. Play vehicles will continue to be prohibited on the public right-of-way, including sidewalks, in the central downtown area defined as that area bounded by Capitol Street to the west, Burlington Street to the south, Van Buren Street to the east, and Iowa Avenue to the north. NOTE: Bicycles will continue to be prohibited on sidewalks in all commercial districts under City Code § 9-8-1E -- does the City Council agree??? Play vehicles will also be prohibited on roadways, alleys and streets, as well as in public parking lots and public parking ramps. However, play vehicles will be permitted on sidewalks in residential areas but, play vehicles must always yield the right-of-way to pedestrians. B. Amended City Code § 10-5-4, Entitled "Bicycle and Play Vehicle Restrictions." This section of the City Code applies to the City Plaza. Section § 10-5-4, currently entitled "Bicycle and Skating Restrictions," prohibits the use of bicycles, roller skates, roller blades, skateboards, and other such coasting or wheeled devices within the City Plaza. The ordinance as amended will change the title and will also prohibit unicycles and coasters. In essence, the amended ordinance adopts the definition of "play vehicle" in new § 9-1-7. 2 C. Amended City Code § 10-9-2, "Prohibited Actions in Parks and Playgrounds." City Code Section 10-9-2 as amended will prohibit the use of skateboards or similar devices in Chauncey Swan Park. The use of other play vehicles, in parks other than Chauncey Swan or except where posted, is specifically allowed as long as the play vehicles are used in a safe manner so as not to injure other persons or property. The use of play vehicles, including skateboards, is specifically permitted in all other parks except where posted as prohibited and only as long as the play vehicles are used in a safe manner so as not to injure other persons or property. D. Deletion of City Code § 9-3-9, Entitled "Play Streets." Under this ordinance the Traffic Engineer has the authority to designate any street a "play street." Only drivers who reside or have business on the street are authorized to drive on a street while it is declared a "play street." Apparently the purpose of the ordinance was to allow the Traffic Engineer to close streets for sledding during the winter. I believe this ordinance is outdated, and should be deleted. E. Miscellaneous and Other Topics for Discussion. Evidently there has been some confusion about whether the University allows in-line hockey on the top of parking ramps. The University specifically has a regulation that prohibits in-line skating in parking ramps, see attached. I called Drew Ives, legal counsel for the University, who informed me that on top of the North Ramp across from Burge Hall there are basketball courts where in- line skaters are allowed to play hockey. However, this is not an area that is designated for parking. I would advocate allowing in-line hockey on basketball courts which are not used very often. Old basketball hoops could be tom down and nets added. Signs could be posted stating helmets, elbow pads, and knee pads are required. I believe the City should also consider building an area for skateboarders. Theoretically, this could reduce problems with skateboarders in both commercial and business districts by giving this a place to go. I look forward to discussing these mattters so we can finalize our recommendation to the City Council. Attachments July 31, 1996 Summary of Proposed Play Vehicle Regulations Play Vehicles Skateboards Bicycles City Plaza Sidewalks- Sidewalks- Residential Central Business District No Yes No No Yes No No Yes No Streets & Alleys Chauncey Swan Park No Yes, if safely used No No Yes Yes Other Parks Parking Ramps Yes, if safely No used Yes, if safely No used Yes No denn[s.mit~layveh.grd ,..~'versity of Iowa ;11-22-95 ;12:57PN ; GENERAL COUNSEL OFC~ 60,1S0 SKATEBOARDS, IN-LINE SKATES, AND ROLLERSKATERUI. ES. O~aet~t 4/~4) General Ltm/t~ prohfbiltng ~ch activit~e~ ~ posted. 60.1,~ Clin~6 to Motor v~'dcl~ Pmldbtt~d. No per,on travel~ upon in-ll~e ~ka~, roll~,.~t~s, or a r~t~bo~rd ~ clog t~ o~ ~tt~ch themselves to ~ny oth~ mov~g ve~/e upon any roadway o~ bikeway. "- R~*~r~ Or~nb.,~om,: Businesa O~fice; Office of th~ Vice .l~:~a_' ,.nt ~ t~ce ~ University Servic~ City of Iowa City MEMORANDUM Date: August 1, 1996 To: The Honorable Mayor Naomi J. Novick and Members of the City Council From: Linda Newman Woito, City Attorney ~ Re: Status Update: Research and Recommendations on City Policy for Overbilling and Underbilling Adjustments After reviewing a wide vadety of written and other complaints concerning the City's current underbilling and overbilling adjustment policy, and having met with the City staff concerning various procedures and interpretations, Assistant City Attorney Eleanor Dilkes and I are nearly ready to present the recommendations to you by way of memo. We will also be forwarding a copy of the memo to citizens who have wdtten to the City concerning the fairness of the City policy. Thanks to Marian Karr, I have a list of names and addresses, so will distribute the memo. Much of the work, both legal and factual, was completed by Eleanor Dilkes -- including Iowa law relating to municipal utilities. I believe that our recommendations will be mostly well received, but controversy will surely continue. The final policy will, of course, be a decision for the City Council. I just wanted to let you know that we will soon present the information to you -- hopefully for discussion at a work session in early September 1996. In the meantime, please call if you have questions. CC; Eleanor Dilkes, Assistant City Attorney Charles Schmadeke, Public Works Director Don Yucuis, Finance Director Dianna Furman, Customer Service Ron Boose, Senior Building Inspector City of Iowa City MEMORANDUM Date: August 2, 1996 To: City Council From: Robert Miklo, Senior Planner Re: Planning and Zoning Commission Work Program - Pending List The Planning and Zoning Commission has reviewed and updated its work program-pending list (attached). Staff has added a category for Updating the Comprehensive Plan in accordance with Iowa City Beyond 2000. If you have any questions or comments regarding the work program pending list, please feel free to contact me at 356-5240. IOWA CITY PLANNING AND ZONING COMMISSION WORK PROGRAM - PENDING LIST Fiscal Year 1997 Zoning Chapter Issues 1. Review existing tree regulations, especially for parking lots that exceed the minimum required parking spaces. (1-2 months) 2. Review definition of awnings· {1 month) 3. Review regulations of changeable copy, portable signs and projecting signs. (1 month) 4. Develop an entranceway overlay zone. (2-4 months) Provisions to assure neighborhood compatibility for new multi-family buildings in established neighborhoods. (6 months) 6. Amend the RM-12 zone to allow limited commercial uses by special exception· (2 months) 7. Review of performance standards for industrial zones. (6 months) 8. Review of requirements for commercial floor area in the CB-5 zone. (1-2 months) Develop a bonus system to promote better design, more pedestrian use and reduction of parking in the CN-1 zone. (4 months) 10. Amendment of regulations pertaining to satellite dishes per recent legislation. (1 month) Land Use and Zoning Studies 2. 3. 4. 5. 6. South Area (Gilbert Street south of Highway 6). (in process) Area north of Highway I bounded by Miller, Benton and Harlocke streets. (6-9 months) Vicinity of County Administration Building. (6 months) Near Northside commercial areas, (6-9 months) RS-1 2 zoning in the vicinity of Foster Road. (3 months) Evaluate PRM Zoning for consistency with the near Southside design plan and amend zone, as appropriate. (3 months) Comprehensive Plan Update Comprehensive Plan in accordance with Iowa City Beyond 2000. Area Studies for individual Planning Districts, Other Review development ordinances for barriers to affordable housing. (in process) Review of subdivision regulations, including design provisions. (12 months) City of Iowa City MEMORANDUM Date: July 30, 1996 To: From: Re: Julie Tallman, Code Enforcement Assistant or~ David Schoon, Economic Development Coordinat Talbots Facia Sign - Washington Street Elevation In response to Ken Bertram's request regarding the height of Talbots facia sign on the Washington Street elevation, the Chair of ~;3e Design Review Committee and I have reviewed the elevation and have determined, given the circumstances, the proposed height of the sign meets the intent of the condition of design plan approval (see attached). The condition states that: The Talbots facia signs being made smaller, at the architect's discretion, and the facia signs being lowered such that the distance from the top of the awning to the bottom of the sign is no greater than the height of the sign. The facia sign along the Washington Street elevation has been reduced from 3'-6" x 1 6'-10 3/8" to 2'-6" x 12'-0". The applicant has indicated that an existing I-beam is located such that the bottom of the sign cannot be placed 2'-6" (the height of the sign) from the top of the awning. The location of the I-beam prevents placing a conduit from each letter of the sign through the wall to a remote transformer behind the wall (each letter of the sign requires its own conduit), Given this structural constraint the applicant requests to locate the sign 3'-8" above the sign, which is as low as structurally possible. The placement and size of the sign strive to meet the intent of the condition of design plan approval. That is the sign is not to visually compete with the Old Capitol Mall sign and the sign should be placed above the store so as to identify the sign with the store. The Chair and I agree that the proposed sign meets the intent of the condition given the structural constraint. CC: City Council Design Review Committee Ken Bertram Council on Disability Rights and Education 5. 6. 7. 8. MEETING AGENDA AUGUST 6, 1996 - 10:00 A.M. CITY COUNCIL CHAMBERS CIVIC CENTER - 410 E. WASHINGTON ST. IOWA CITY, IA 52240 Introductions Approval of Minutes Subcommittees/Reports a. Housing b. Transportation c. Public Accommodations d. Public Relations Report of Board of Directors Other Reports Other Business Next Meeting Agenda - Annual Meeting - September 3, 1996 Adjourn CC; Iowa City City Council Johnson County Board of Supervisors mgr~aSSt~cdreS- 6.agd CDRE MISSION STATEMENT The Council on Disability Rights and Education (CDRE) is a non-profit educational organization dedicated to accessibility, full participation and inclusion of persons with disabilities. Our mission is to act as a comprehensive, community-wide educational resource for promoting disability awareness, to provide technical assistance and to encourage compliance with disability civil rights legislation. Our goal is the attainment of community-wide accessibility and the full participation of persons with disabilities to all facilities and services within our community. Council on Disability Rights and Education MEETING MINUTES BOARD OF DIRECTORS JULY 2, 1996 - 9:30 A.M. CITY COUNCIL CHAMBERS - CIVIC CENTER Directors Present: Keith Ruff, Lon Moeller, Tim Clancy, Dale Helling Members Absent: There was not a quorum present for the meeting. Those attending agreed that it would not be necessary to fill current vacancies on the Board as there will be a general election at the annual meeting in September. In response to a question regarding the status of a Chamber of Commerce representative, Helling explained that the Chamber was in the process of teassigning some duties and it will be determined shortly who will be the liaison person to the CDRE. Notices, ballots, etc. for the September annual meeting will be sent out in August. mg~asst~bd7-2 Council on Disability Rights and Education MEETING MINUTES JULY 2, 1996 - 10:00 AM CITY COUNCIL CHAMBERS - CIVIC CENTER Present: Tim Clancy, Nancy Ostrognai, Keith Ruff, Lon Moeller, Dale Helling, Jan Gorman, Monica Moan, Chris O'Hanlon, Ann Shires, Orville Townsend Those present introduced themselves. Minutes of the meeting of June 4, 1996, were approved as submitted. COMMITTEE REPORTS: Housing: Ostrognai reported that she is on the Conner Center Audit Team and that they have done 16 audits. They are now inputting data into the computer and will be producing a booklet instructing others how to do a similar project. The next step will be to assemble a speakefts bureau. The audit program is being used to promote the Evert Conner Center and to educate people regarding disabilities. Ruff questioned how the audits are being accepted. Ostrognai advised that acceptance was generally good and gave the example of the audit of a City-owned unit where the manager thought that the audit was an enforcement measure of the ADA. He relaxed considerably after being told it was only for informational purposes. Rita Sandhagen is designing ramps using a computer. Transportation: Clancy advised that the committee met last month. There is now a preliminary version of the audio tape of transit schedules and the response from some persons who have visual impairments has been positive. However, the City will receive additional input before finalizing the audio tape schedule. As of July 1 transit fares have increased, both fixed route and paratransit. The paratransit waiver now allows a person to pay only half of the $1.50 minimum charge. This means that everyone must pay at least 75¢ to ride on SEATS and there is some concern about individuals who may not be able to afford any fee at all. Townsend suggested that it should be determined if people are being left out due to their inability to pay the 75¢ minimum. On July 11 Kirkwood Community College in Cedar Rapids will host a hearing by the Iowa Department of Transportation (IDOT) regarding its "iowa in Motion" effort, in which they are presenting six scenarios regarding spending of State funds for Transportation. This meeting will be informational. On July 17 at Veterans Memorial Coliseum in Cedar Rapids another meeting will be held by IDOT to receive input from citizens and communities on this issue. This will be done statewide and information gathered will be used by IDOT to make spending proposals and to lobby the Iowa Legislature. Clancy asked that the CDRE take a position. Iowa City Transit and SEATS will be assisting in providing transportation to and from these meetings. Anyone wishing to reserve a ride should call Tim Clancy or the Evert Conner Center as soon as possible. The Transportation Committee of the CDRE will develop a position and draft a letter for the signature of the Chairperson. Council on Disability Rights and Education July 2, 1996 Page 2 Public Accommodations: Keith Ruff advised that up to 50 restaurants and bars have been surveyed. It has been decided that additional information may be available and needed regarding certain of those establishments surveyed. These will either be revisited or the information updated and then all information will be computerized. A prototype booklet is ready to go but it will need further updating before it is finalized. The committee is still aiming for distribution of the booklet in August. They will be meeting on July 16 to review the updated data and information. The guide booklet will be constructed in such a way as to allow for additions or deletions easily. Public Relations: No report. REPORT OF BOARD OF DIRECTORS: All were reminded that the annual meeting will be in September and that a general election of Board members will occur at that meeting. OTHER REPORTS: None. OTHER BUSINESS: Nancy Ostrognai advised that on July 25 a roundtable discussion will be held from 7-8:30 p.m. in Meeting Room A at the Public Library. This discussion will be entitled "Effective Strategies for Change." Representatives from the Coalition, Conner Center, WRAC, and others will participate. The public will be invited to attend. Meeting adjourned. Don Schr, Chakperson ]o~ Bolkcom Charles D. Duffy Stephen P. Lacina Sally Slutsman BOARD OF SUPERVISORS July 30, 1996 INFORMAL MF~ETING Agenda 1. Call to order 9:00 a.m. 2. Review of the formal minutes of July 25th. Business from Terri Miller re: Senior Center update/discussion. Business from Dr. Craig Mosher, Director of Health/Developmental Disabilities DeparIment. a) Discussion re: job description for Case Manager Supervisor. b) Other Mental 5. Business from the County Auditor. a) Discussion re: resolution tramfemng from the General Basic Fund to the General Supplemental Fund. b) Discussion re: resolution transferring from General Basic and Rural Services Basic to Secondary Roads. c) Discussion re: resolution transferring from the S.E.A.T.S. Capital Expenditure Fund to the General Basic Fund. d) Other 913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 3564000 FAX: (319) 3564086 Agenda 7-30-96 Page 2 6. Business from the Board of Supervisors. a) Discussion re: meeting with council mernbers of the dties in Johnson County. b) Letter from Scott Kugler, Associate Planner from the City of Iowa City re: annexation and rezoning of approximately 5 acres of property located on the west side of North Dubuque $~reet immediately south of the Iowa River/discussion. c) Reports d) Other 7. Discussion f~om the public. 8. Recess. To, IO~ CITY CLERK F~oe, Jo Hogazty ~-31-9§ 9:$§aa p. ? of 4 Don $¢b', Chairl~rson Jo~ Bolkcom Charles D. Daft'), Stcph~ P. Lacina Sally Stutsman BOARD OF SUPERVISORS August 1, 1996 FORMAL MEETING Agenda 1. Call to order 9:00 a.m. 2. Action re: claims 3. Action re: formal minutes of July 25th. 4. Action re: payroll authorizations 5. Business from the Assistant Planning and Zoning Administrator. a) Discussion/action re: the following Platting applications: Application S9637 of David Poula requesting preliminary and final plat approval of North Freedom Subdivision, Part ]II, a subdivision described as being located in the NW 1/4 of the NE 1/4 of Section 19; Township 81 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This is a 5-lot, 40 acre, residential subdivision, located on the southwest side of Blain Cemetery Road NW, approximately 3/4 of a mile south of the Blain Cemetery Road NW and Seneca Road NW intersection in Jefferson Twp.). 913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356-6000 FAX: (319) 356-6086 To: IO~A CI?Y CLERX From: Jo Itogar~ 7-31-9§ 8:$6am p. 3 of 4 Agenda 8-1-96 Page 2 2. Application S9639 of Nova Dannels requesting preliminary and final plat approval of Dannels Subdivision, a subdivision described as being located in the SW 1/4 of the SW 1/4 of Section 7; Township 81 North; Raxnge 7 West of the 5th P.M. in Johnson County, Iowa (This is a 2-1or, 19.75 acre, farmstead split and residential subdivision, located on the west side of Greencastle Avenue NW in the SW quadrant of the Greencastle Avenue NW and Seneca Road NW intersection in Jefferson Twp.). 6. Business from the Planning and Zoning Administrator. a) Final consideration of fae following Zoning applications: b) Amend the legal description of Ordinance 09-21-95-Z2 of John and Jane Duehr (Z9531). Parcel is described as being a portion of Lot 1 of Duehr Subdivision located in the NE 1/4 of Section 15; Township 81 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (Jefferson Twp.). 2. Application Z9547 of Miron Walker, Oelwein, requesting rezoning of .587 acres from A1 Rural to RS Suburban Residential of certain property described as being in the SW 1/4 of the SW 1/4 Section 24; Township 78 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This property is located in the NW quadrant of Sand Road SE and 540th Street SE in Pleasant Valley Twp.). Agenda 8-1-96 Page 7. Business flora the Coumy AudRor. a) Action re:pei-dts b) Action re:reports c) Action re:resolution transferring l~om the General Basic Fund to the General Supplemental Fund. d) Action re: resolution transferring fxom General Basic and Rural Services Basic to Secondmy Roads. e) Action re: resolution transferring from the S.E.A.T.S. Capital Expenditure Fund to the General Basic Fund. f) Other 8. Business from the County Attorney. a) Report re: other item.~. 9. Business from the Board of Supervisors. a) Action re: job description Disabilities Department: 1. Case Manager Supervisor b) Other for the Mental Health/Development 10. Adjourn to informal meeting. a) Inquiries and reports from the public. Reports and inquiries from the members of the Board of Su ~l~rvi. 'sor~ cb~ Report from the County Attomey. :-_?'.~ ~ d) Other 11. Adjournment. 700 Manor Drive Iowa City, IA 52246 Clarice Sundeen Department of the Army Rock Island District, Corps of Engineers Clock Tower Building, P.O. Box 2004 Rock Island, IL 61204-2094 Dear Clarice: July 29, 1996 The following is the written input on the Section 216 Reconnaissance Study that I promised you in our phone conversation of 28 June. It summarizes the main conclusions that Charles Newsom and I have found in our own review of the regulation of the Coralville Dam. It also describes four elements we would like to see in the reconnaissance study you are now beginning. We selected these items as those that will have the greatest impact on the level of service the Corps can provide to the people of the Iowa River basin. Our selections were also informed by our previous conversations with various people at Rock Island concerning the scope and budget of your study. Don't hesitate to call on us as a resource as you work on these and other aspects of your study. INTRODUCTION We have carefully followed the phased response of the Corps of Engineers to the flood of 1993, and are glad to see that the reconnaissance study phase is beginning this month. We feel this is a particularly important study as the Corps has indicated that interim modification of the management plan of the Coralville reservoir will be a part of the study. As the following phase, the feasibility study, will not start for at least a year (if indeed it receives funding at all) and will take a minimum of three years to complete, the interim changes from this study will determine flood control policy for many years to come. The four action items we discuss here are actually all topics that our previous correspondence with Rock Island has already led us to believe will be components of the reconnaissance study to one degree or another. Knowing the complex structure of the Corps, we appreciate how easy it is for communication to break down. Our purpose in this written input, therefore, is to restate these things now at the beginning of the study to avoid future miscommunication and unrealistic expectations. In the next section of this letter we discuss the conclusions of the Initial Appraisal phase. We agree entirely with these conclusions, and think it gives a necessary context for the action items to review briefly the basis for these conclusions as we see it. In the final section we treat each of four actidn items in turn, describing the need for action, the nature of the action, and (in some cases) our specific suggestions for the action. THE CHANGED CONDITION OF THE IOWA RIVER BASIN According to the enabling legislation for the Coralville darn, "The reservoirs planned for the upper Mississippi Pdver Basin have been designed primarily for local flood control" (House Report 2353-19, May 1938). Likewise, the reservoir was "... designed to produce the maximum practicable total benefit to all interests concerned" (Public Law 761, June 1938). However, the syllabus of the Section 216 Initial Appraisal, Coralville Lake (dated September 1994), concludes "The report documents the lack of current economic data on which to base operational decisions during flood events ..." In other words, due to "significantly changed physical, hydrologic, and economic condition upstream and downstream of Coralville Lake", it is not possible to know know whether the flood control plan currently in place (and virtually unchanged since the early 1960's) maximizes benefits in any way at all. How much has the economic data changed? In November 1991 the Corps published a study (Water Control Plan with Final Supplemental Environmental Impact Statement) that used the economic data on which the current operations plan is based. It computed that in a 500 year flood there would be $96,300 of urban damage caused by the Iowa River between the dam and the English Pdver. The actual damage in the flood two years later was $17,725,000 (COE Report on Data Collection 1993 Flood Damage, August 1995). The final damage was 180 times that expected! The economic data have changed enormously. How much and which physical conditions have changed? When the Coralville dam was designed (in the late 1940's and early 1950's), the strategy was to have a flood pool large enough that the water would never top the spillway, and until 1993 it was generally assumed that the dam met this specification. However, four key physical conditions have changed significantly since the first plan was approved (plan number 6, approved December 1952). First, the volume of the flood pool was cut by 30% when it was decided (in August 1954) to put the top of the spillway at 712 feet instead of the originally designed 717. Second, the remaining volume of the fiobd pool has been cut another 10% by siltation since the dam went into operation in 1959. Third. the maximum summer outflow was reduced by 30% from the design value of 8500 cfs to 6000 cfs (in 1961 in response to complaints from farmers). Finally, the average inflow into the lake has increased by 50% beyond what was taken as normal when the dam was designed. This last change was documented by the USGS in a 1990 report entitled "Statistical summaries of selected Iowa streamflow data through September 30, 1988" (USGS Open-File Report 90-170). It gives average flow records pre- and post-regulation ( 1903-1958 and 1959-1988). The mean annual discharge is given as having risen from 1472 cfs to 2199 cfs. Of course, if we were to average in the years since 1988, the magnitude of the increase would be even greater. Taking all four factors together, the physical conditions have changed enormously. ,b What is the implication of these changes? The initial design of the dam led to a management plan that treats flood storage capacity as an almost limitless resource. The conservative answer to any potential flooding situation was to reduce the outflow now on the assumption there would be enough storage for further reductions required later in the season as well. However, the experience has been just the opposite: flood storage capacity is a limited and precious resource. The lake has reached flood level on average once every five years (i.e., every wet year). At this stage the plan no longer allows flow reductions to counteract flooding on the English and Cedar rivers. Furthermore, at this stage we are within one major storm of overtopping the spillway, and limiting the physical ability to regulate the outflow. Indeed while the flooding of July and August 1993 was truly extraordinary, most of the damage was caused by the very first storm in July, the one extra storm that sent the lake level above that of the spillway. Similar damage would have been caused in any of the six other years in which the dam was near the spillway if this single storm had been added to them. The conservative answer to any potential flooding situation must now be to weigh carefully the possible benefits of outflow reductions now against the possible disadvantages of lost capacity later in the season. Calculations we did in December 1993 (which were confirmed by Corps calculations transmitted to us in Spring 1994) showed that if more water had been released earlier, peak stages cotfid have been significantly reduced not only in Iowa City, but also at all Iowa River gages further downstream. This demonstrated the potential advantages of a plan that explicitly minimizes damages. Development of such a plan is needed in the long run, although a lengthicr calculation (one that balances advantages and disadvantages over a range of years) will be needed to design the optimum plan. ACTION ITEMS ITEM 1. DEVELOP A WRITTEN CONTINGENCY PLAN FOR FLASH FL 00DS. The policy of adjusting dam outflow in response to flash floods in Johnson County was instituted informally in July 1993. It was, to our knowledge, the first flash flood policy within the national Corps of Enginecrs flood control reservoir system. Even with water going over the spillway, the Corps demonstrated the great degree to which flash floods can be controlled. Because of the intense impact, but limitcd duration of flash floods, their control is an effective use of flood storage capacity (large benefit for small cost). The continuation of the policy was formalized with the issuing of a Standard Operating Procedure on flash floods in May 1994. However, the existing SOP only indicates thresholds at which flow reductions will be considered. There are no guidelines for what flow reductions would be appropriate to any given case. Written guidelines for flow reductions as a function of gage height and rain received 3 need to be developed as a tool for the engineers that will receive the calls from the automated gages. In his letter to me of 5 July 1995, Acting District Engineer Doyle McCully stated that these guidelines will be developed during the reconnaissance study. ITEM 2. DEVELOP AN INTERIM REGULATION PLAN. In his July 1995 letter Mr. McCully also stated that an interim revision of the regulation plan will also be developed during the reconnaissance study. As we noted above, changed conditions call for a conservative approach to potential flooding situations that weighs carefully the possible benefits of outflow reductions now against the possible disadvantages of lost capacity later in the season. We realize, however, that budget constraints (300 thousand dollars for the entire reconnaissance study) may not allow the development of a plan tha~ minimizes damages at this time. As an inexpensive, but effective minimum effort, we suggest you identify those increases in outflow that can increase flood storage capacity late in the season with zero cost in early-season damages. The key elements of any regulation plan are the max/mum outflow allowed and the thresholds at downstream gages above which flow reductions are implemented. We consider them in turn. ITEM 2.1 RAISE THE SUMMER OUTFLOW MAXIMUM. The outflow maximum in the spring is 10,000 cfs, a level which causes no urban damages. After May 1, the maximum is reduced to 6000 cfs for the purpose of allowing fields below the dam and above the confluence of the English River to drain more quickly. However, even at 6000 cfs the water is still too high for much of the tiling near Hills to drain. Ironically, since the 6000 cfs limit allows the lake to rise, the regulated outflow must generally be kept at 6000 cfs longer than natural flows, hence delaying efficient tile drainage. We suggest raising the summer outflow max/mum to keep the lake closer to its target level, although not to a level high enough to cause damage. (A possible value might be the originally designed 8500 cfs.) As tiling generally has backflow stops, the effect on farms when the water is high would be no more than the current levels. The shorter duration of high levels would be an big plus to farmers, allowing them to drain their fields earlier in the season. As long as the max/mum remains under 10,000 cfs, there would be no adverse impact on urban residents of the increase. The increased flood storage capacity would be of greatest benefit to the downstream farmers, as it would make it more likely that outflow reductions for downstream problems could be done as needed through the entire growing season (instead of being interrupted by flood levels in the lake, as currently happens in wet years). Urban residents and upstream residents would also benefit from the greater capacity as it could be used in the (relatively less likely) event of a flood later in the season that was large enough to impact them. ITEM 2.2 RAISE THE DOWNSTREAM THRESHOLDS. Flow exceeding thresholds at three downstreaan gages can trigger reductions of outflow down to 1000 cfs. The general purpose of these triggers is to use the Coralville dam to compensate for flooding on the English, Cedar, and Mississippi Rivers. This is an essential part of the flood management plan as historically the contribution of decreased outflows for downstream gages to filling the reservoir in wet years is comparable to the direct contribution of increased flow on the Iowa River, The exact levels of the thresholds were most recently modified in 1991, although we were told no record was maintained to explain the rationale for the specific values chosen (16 ft at Lone Tree in the spring, 14 ft in the summer; 22 ft at Wapcllo in the spring, 21 ft in the summer; and 18 ft at Burlington year round). Despite the flow reductions at the Coralville dam, the spring thresholds at all three gages are typically exceeded 1 year out of every 5, while the summer thresholds at Lone Tree and Wapello are exceeded 2 years out of every 5. Given these statistics, it is likely that any structures that can be damaged directly at these levels have long since been destroyed or moved. Undoubtedly, there are tiling outlets near these threshold values. However, as with the Johnson County tiling mentioned above, reducing outflows on the wettest day for tiling can be counterproductive. The reductions are generally not enough to permit drainage while they are in effect, but they prolong the high water, possibly preventing drainage the following week. We suggest raising the downstream thresholds at all three gages. We have no specific values in mind, but rather suggest the Corps determine at what gage heights damages actually occur and set the thresholds just below these levels. While causing no additional damages, these changes would improve drainage at all points below the dam by decreasing the number of days of high outflow. And as above, the increased flood storage capacity would be a benefit to everyone in the river basin later in the season. CASE IN POINT: 1996 To exemplify the impact these plan modifications might have in a typical year, we consider for a moment the flows this year. Beginning with very dry conditions, we have had a very average year in total rainfall. At no time this year were the natural flows high enough to cause significant urban damage. (The highest inflow recorded at the dam was 10,056 cfs on 28 May.) Inflows exceeded 8500 cfs by more than a few hundred cfs (the measurement mmertainties) on just three days. Peaks downstream of Iowa City were all determined by a single storm centered below the dam in early May. The peak at Lone Tree was 4.5 ft above the flow reduction threshold, the peak at Wapello 3.8 ft above. However, these peaks could not be reduced by outflow reductions from the dam because the outflow was already very low due to the previous dry weather. Despite these generally moderate conditions, the existing plan allowed the lake to rise 17 feet above the target level, using more than 1/4 of the flood control capacity of the dam. It also prolonged the high outflow (more than 6000 cfs) period over 50 days (10 May to 5 July), the bulk of the useful planting season. By comparison, natural flows would have caused no damage in Iowa City, nor would they have raised the peaks downstream. However, natural flows would have restricted the high outflow to a 5 day period May 10-14 and an 18 day period May 25 to June 11. Hence, the elements of the existing plan intended to aid farmers failed to reduce damages anywhere, and indeed worsened the agricultural drainage problems, while using 1/4 of our limited flood control capacity. We conclude that our suggestions for the interim regulation plan, which go towards a more natural flow, could indeed significantly increase our capacity to control major flooding with zero increased urban damages and decreased agricultural damages. ITEM 3. USE THE 1993 USGS DATA TO CALIBRATE DAM OUTFLOW AT HIGH LEVELS. During the flood of 1993, the USGS made the first measurements of very high outflow levels from the Coralville dam. Evaluating these data after the flood was over led to the Corps revising upwards by 10-15% the outflows they had originally estimated based on gate setting tables. We suggest that the data obtained by the USGS that summer be used to recalibrate the gate setting tables. This would be of great value in knowing how to set the gates to obtain a given outflow in the next great flood. The quantity of data involved is small, and could be plotted up in an hour's time. We have previously written asking whether this has been done, and the letter we received from Doyle McCully on 5 July, 1995, implied that the data had ah'eady been plotted. However, a followup call with George Johnson and Martin Hudson on 7 September, 1995, led to the conclusion that either they have not been plotted or that the plot was lost. Placing the graph in the reconnaissance report and on the web will insure that it is accessible in future time of need. ITEM 4. ESTABLISH THE STAGE VS. DAMAGE RELATIONSHIP FOR IOWA CITY. While the stage versus damage relationship was poorly known in 1993 (as indicated in the section above on the changed economic conditions), one critical stage was established early in the flood and had a significant positive benefit on the outflow management: the level at which the sandbags at the Iowa City water treatment plants would likely give way. A second critical stage was apparently not known by the Corps that summer and had no impact on the management: the level at which buildings constructed according to the FEMA code would begin to be damaged. Fortunately for all, the second critical stage turned out to be slightly higher than the fn'st, so that the vast increase in damages that would have 6 resulted by exceeding it was avoided. The Corps has subsequently acknowledged that the FEMA line is indeed relevant to minimizing damage. Also the Corps did a study on flood damage in 1995. Finally, Rock Island has taken the initiative to put stage-damage relationships on their World Wide Web site. Despite these past successes and progress, there seems to remain a serious problem in putting out an accurate stage rs. damage relationship for Iowa City. The web page last August listed 9 ft as the gage height at which urban damage begins, and 19.5 and 20 ft as the floor levels of the water plants. Do to inaccuracies this page was taken ofiiine on 7 September. This past March, however, the page was put online again with no corrections made. It was taken offline again in April. A revised page was put online in May, which listed the floors of the water plants as being 29.5 and 30 ft, which is also incorrect. The page was taken offline on 20 May and has not yet been replaced. We think the Web site is an excellent place to post this information, both so that the Corps will know where to find it when it is needed, and because it is available to the public to double-check for accuracy. Indeed, we have found there has been a tremendous public response to the Rock Island web pages (which also publish current and archival river stages). This is based on the steady use of our own web site (http://www-astro.physics.uiowa.edu/~lam/water.html) which has Links to the Rock Island site. We suggest that as part of the reconnaissance study, a reliable Iowa City stage versus damage table be assembled and placed online. It should include at a minimum the stages corresponding the NWS flood level, the water treatment plant floors, and the FEMA line. As this information is already available, this should also not require more than a day to accomplish. Sincerely yours, Lawrence A. Mo]nar co: Col. Charles Cox, Martin Hudson To, IO8A CI¥¥ CL~ Froa: Jo ~o~arky 8-05-96 8~2lea ~. Z of Z Don Schr, Chairperson Joe Bolkcom Charles D. Duffy Stoph~n P. Lacina Sally Statsman BOARD OF SUPERVISORS August 6, 1996 INFORMAL MEETING Agenda 1. Call to order 9:00 a.m. 2. Review of the formal minutes of August 1st. 3. Business from the County Engineer. a) Discussion re: culverts. b) Other Business from Kim Sanders, District Coordinator for American Family Life Assurance Company of Columbus (AFLAC) re: programs and flexible benefits proposal/discussion. 5. Business from the Board of Supervisors. a) Discussion re: contract televising formal board meetings with Andy Small from The Video Center. b) Reports c) Other 6. Discussion from the public. 7. Recess. 913 SOUTIt DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356-6000 FAX: (319) 356-6086 August 1, 1996 CITY OF I0 WA CITY Newman Abuissa, Resident Engineer Iowa Department of Transportation P.O. Box 427 Iowa City, IA 52240 Dear Mr. Abuissa: The Iowa City City Council has reviewed the request submitted to you by the Monday Forum on July 23, 1996. We feel the designation of Dubuque Street from 1-80 and Riverside Ddve from Hwy 218 as the main entrances to downtown Iowa City is appropriate and we support this designation. Each of these entrances brings visitors to the City past an open park area. Our plans are to improve these areas and create gateway entrances allowing the traveler to make the transition from a rural to urban setting. In conjunction with these exits being marked to indicate "Downtown" the City of Iowa City will design and implement a directional sign package that will direct the traveler from the interstate highways to the downtown area. If you desire any further information to assist you in your decision, please contact Stephen J. Atkins, the City Manager at (319) 356-5010. Sincerely, Naomi J. Novick Mayor CC: Monday Forum Larry Wilson, University of Iowa tp2-1 410 EAST WASHINGTON STREE'I · IOWA CITY. IOWA $2240-1526 · (319) 3~6-5000 · FAX (319) 3~6-$009 WEST DUBUQUE ST DUBU OLD CAPITOL QUE ST AREA - DOWNTOWN IOWA DOWNTOWN INTERSTATE 80 ~OPOSED SIGNS ON ~ NORTH S~E S~G ~ B0~ ~IC DUBU~%TE STREET INTERSTATE 80 PROPOSED SIGNS ON THE SOUTH SIDE SERVING EAST BOUND TRAFFIC DUB~YQUE ST DOWNTOWN ~ORALV~LE L~ 1/2 MP-E DOWNTOWN UNIVERSITY OF IOWA OLB CAPITOL AREA NEXT RIGHT DUBUQUE ST DOVf~ITOWN CORALVI'Lv.~ LAK!~ DLT~UQLIS STREW, \ PROPOSED SIGNS INTERSTATE ., . ~ ~,~ ~//~ ~ 380 FOR NORTH A~gD SOUfiJI ~ ~ '~ ~/~/~ ~ NOR~ BO~ ~FIC ~ ~E DR~ ~ DO~ IOWA  D~ ~T .0