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HomeMy WebLinkAbout1995-10-10 Info PacketCity of Iowa City MEMORANDUM DATE: TO: FROH: RE: September 29, 1995 Hemo for Record City Manager Haterial Sent to Council Only Copy of statement from the Iowa City Area Chamber of Commerce. Letter from Carl and Kate Klaus regarding affordable housing in Goosetown. SOt/3 Report from the Housing Summit, August 29, 1995. Memoranda from the City Hanager: a. Iowa River Power Dam Update b. Chamber of Commerce c. Pending development items Copies of letters from the City Manager to: a. Pamela Bleckwenn regarding door-to-door solicitation b. Randy Dickson regarding consultant services Memorandum from the Assistant City Manager regarding cable franchise renewal. Memorandum from the Vision. Memorandum from the Copy of letter from Development to Dick Memorandum from the sewer project. Memorandum from the Cable TV Specialist regarding World Wide Web on Info-3~( Finance Director regarding FY95 vendor list. .~05~ the Assistant Director of Planning and Co,~unity -~05~ Gibson regarding parking structure. City Engineer regarding Longfellow storm and sanitary.3~ City Clerk regarding absence from the office. Memorandum from the City Attorney regarding pol itical campaigns. Copy of letter regarding political signs to all city council candidates.~3O.5~ Agenda and minutes of meetings of the Council on DisabilityRights and Education. Copy of letter from Environmental Advocates to the Planning staff regarding~ the Sensitive Areas Ordinance. News release regarding Sergeant Linn being selected to attend the Southern. Police Institute. News release from the Press-Citizen regarding candidates forum. Agenda for the September 28, 1995, meeting of the Board of Supervisors. Memorandum from the City Engineer regarding Melrose Avenue Bridge. Letter from Miller/Orchard Neighborhood Assn. regarding Subsidized/ affordable Housing Acquisition. September 29, 1995 Information Packet page 2 Information regarding Section 8 Assistance Programs Comparison of Certificates and Housing Vouchers, Information regarding Housing Affordability. Information regarding Rental Housing Assistance to Low Income Households, Copy of 1994 CDBG Grantee Performance Report. SusanHorowlzCl'foflowaC~y Fr:.lC~eaC~wnbffZ,19*338*ie58Fix BOARD MEMBERS: THE FOLLOWING HAS BEEN REVIEWED BY ~IOWA C.C/~HANi:R OF THE EXEC~. PLEASE COillENT BY 1 PII TODAY (FRIDAY). /~~ CONtNIERCE 319,337.9637 (tel) 319.338.9~ (fax) AREA CHAMBER SUPPORTS JOBS, HOUSING, GOVERNMENT AND GROWTH FOR QUALITY COMMUNITIES Iowa City, IA (September 29, 19~5) - After mvieang c,~nments received on a survey distributed to the organizeiion's entire membership, the [ow'a C~ Nee Chamber of C,Q'nmerca Boa~d o! Directors unanimously voted to proactively advocate the growth, jobs, housing and government necessen/for quality ca~muniflas. At their recent meeting the Board also approved a resolution encaumging citizens to make these issues key to thesr sopped of local city COuncil Candidates. The Boa~d enduses divesdied growth and deve!q~nent for the enhancement of the arsa's ,q~ality of life. Such growth broadens employment, eduCational, housing and COnsumer oppalunities and increases the area's ability to supped cultural, reereational and artistic activif~es. In addition, diveffii~Cation .nsulaTes communifies from the negative consequences of normal business cycles and industW Setbacks. 'Managing rather than con~lltng growth results in increased prospenty for eve/yore,' said Area Chamber President John BeskOrd. 'In turn. this increases U~3 tax bass and promotes healthy lOCal govefnment~ Hea~y governments have ~ financial resources nece~s~ to ssrnplete civic project~ Inlwove Idras~'uctures and provide salvlcos. ' The Nee Chamber Board also advocates dNesdicatjOn Of jobs tO provide ~ppodunifiee r~' ~ndw~duais commensurate w~th the~' education and ~ming. 'Our common goal ,should be to e/~hance the qualtiy of our cornmunities, ' sald Beckord. 'We musi focus on jobs created by new and e2cpandlng businesses which provide the sscufify, wages and benefits that match our educated and waiNrained world.' Wifh respect to housing. the Beard again emphasized provi~ng for a range of needs. Establishing a clear policy for building affordable and altameble housing is vital to allowing developers to pressnt acceptable plans Educating and enCOuraging neighborhoods to accept housing proposals which meet pOliCy guidelines ~s also essential Finally. governments which tocus on cooperation and efficiency promote qualib/oornmundias according to the Beard. Open government must also be effective government, pfowding ample eppodunities for citizen and business input without impairing the derision-making process. And, governments which emphasize public/private partnerships maximize the resources of their cernmunities. 'in a world where rapid change has become the nom~ not to dec~le is to decide.' said Beck~ 'When governments, budresins and citizens cooperate with each other. solutions to challenges are found that benefit everyone.' Tt~ Iowa Ci~ Area Chamber of Commsrne represen~ over ~ area businesses, eppmxYnaT~y 65 percent of all busfnassea in Johnson Coun~l For needy 75 ~ears, the Area Ch~'nber has been dedicated to enhar, d~ the bumss climate and irrWroving the ~ality of fife in ~ Cib/, CotaiSle, NorZh Liben~ and ~hnson Counfy. September 27, 1995 To: The City Council of Iowa City From: Carl Klaus and Kate Klaus, Goosetown Representatives Subject: Mfordable Housing in Goosetown Goosetown, as we understand it, is presently a center of affordable housing in Iowa City. No other neighorhood that we know of in this dty offers so many low-cost, single-family homes on small, affordable lots. The average price of a home in Goosetown is still well below $100,000---a predous state of affairs in this era of escalating home costs. So, as you might well imagine, the residents of Goosetown that we've spoken to on this issue are keenly sensitive to the importance of affordable housing throughout Iowa City. But by the same token, Goosetown residents we've spoken to are vigorously opposed to the construction of multi-unit affordable housing projects in this area. Land for such projects could only be obtained by tearing down already existent low-cost, single-family homes. And the radically different character of such projects would seriously violate the modest, small town character of life that now exists solely in Goosetown among all the neighborhoods of the City. Report from the Housing Summit convened by the Iowa League of Cities and the - Iowa State Association of Counties on August 29, 1995 Recommendations to the Housing Development Interim Study Committee September 5, 1995 Report from the Housing Summit Background After much debate regarding the accessibility and affordability of housing in Iowa, the 1995 General Assembly took a step toward addressing the state's pressing housing problems by creating Real Estate Improvement Districts, a new housing development tool being tested as a pilot project in six counties. Also included in that legislation, House File (HF) 577, was a request that the IoWa. L~,__agtte. o.f Citie& and (ti~ oIoIoIoIoIoIoIoIoI~ State Association of Counties convene a summit of organizations with experience in the de~e'f6pment or financin/(a'f'h~ing. The purpoie of'the meetin~ .w~ tb'eXan~ne ~odSirig d~ev'el~/'hint recommendations to a legislative interim committee on issues such as.$he~u.s_.e. of.tax in.c. re.m__e_nL financing, the desirability.offi_._~.b~rfig ~ 1o9~I hd~ii~'~l;xTe~p~t bo.n~ p.rogram mn by the Iowa Finance Authority, the pote~fi_.al_ effects of federal res. cissions,. and housing programs .that are successful. The summit committee was made up of 13 representatives from 11 groups, including all the participants named in HF 577. To begin, the two associations distributed a survey to 31 organizations involved in housing development. The survey asked respondents to identify problems responsible for the lack of affordable, accessible housing and possible solutions to those problems. Respondents were also asked to identif~ specific problems with tax increment financing, whether they would support a local bond program run by the Iowa Finance Authority, how federal rescissions were likely to affect housing development in their communities, and to provide information on local initiatives that have. stimulated housing development. Results of the survey are included in Appendix A. In preparation for the housing summit, many of the organizations surveyed were asked to participate in two work sessions to begin the process of identifying key issues and possible solutions. At the first work session, participants were divided into urban and rural interests to create manageable work groups to study specific needs in urban or rural areas, as well as to identify mutual concerns. Several weeks later, the second work session brought the two groups together to further distill issues and solutions to Iowa's housing needs. Utilizing the suggestions from the first session, the participants were able to reach consensus on a set of recommendations to present to the summit committee. Products of both work sessions and a roster of participants are included in Appendix B. A public hearing ~,vas held the evening prior to the summit to gather further information on housing needs and solutions. More than 40 people artended and 16 groups provided testimony. Copies of the testimony are included in Appendix C. Finally the summit committee convened on August 29, 1995, to review the information developed during two work sessions and testimony for the purposes of making recommendations to the Housing Development Interim Study Committee Throughout the process, several recurring messages were heard from various housing interests. The summit committee unanimously agreed the following statements must be communicated to the Legislature to stress the importance of the housing issue in Iowa. Housing must be recognized as a priority issue for Iowa, paxticularly from an economic development perspective. The Legislature has focused on attracting business to Iowa. For every company that settles in the state, a primary concern is the accessibility and affordability of housing. Without adequate housing, there is little practical incentive to locate here. Solutions to Iowa's housing problem should contain long- and short-term goals. There are steps that could be taken immediately to address some components, but there is no quick-fix remedy. The issue requires in-depth analysis to determine the measures needed to provide long-term relief. Flexibility must be allowed at the local level. Community officials are in the best position to determine their community's housing needs and local resources available. A concerted effort must be made at the state level. In light of federal housing program cuts, state officials will play a critical role in addressing the housing issue, including working with local officials to develop new solutions. Founded on those general statements, the summit participants respectfully submit the following recommendations for consideration by the Legislative Housing Development interim Study Committee. 2 Recommendations from the Summit Tax Increment Financing Throughout the summit process, tax increment financing (TIF) was identified as a key tool for funding the infrastructure needed for housing development. In 1994, the Iowa Legislature limited the use ofTIF for housing development infrastructure to those developments that created housing for low- and moderate- income families. This change has helped urban areas get housing other than expensive developments that recoup investment more easily. However, this change has had an adverse impact on the housing development efforts of rural communities that specifically need high-end housing stock but lack resources other than the ability to create TIF districts to produce the infrastructure for a housing development. The consensus of the summit, after considerable debate, is that local governments need flexibility in the application of TIF to meet the specific needs of the community. Despite significant differences of opinion, it was agreed that the increased flexibility should not preclude community commitment to produce housing for low- and moderate-income families. Recommendation: Modify existing tax increment financing language to be similar to that proposed by the Iowa Department of Economic Development. Such language would allow communities flexibility in using TIF, but require each project to designate a set aside fund for low- and moderate-income housing projects. The set aside would be based on the low- and moderate- income percentage of the county and could be used as part of the T[F project or for other uses, such as rehabilitation. A second concern'regarding using TIF for housing infrastructure is that when the district is created in such a way that all new increment value is captured indefinitely for debt repayment, counties and schools are prevented from using that new tax base generated by the project to pay for services consumed by the occupants_ Recommendation: Make housing projects utilizing TIF non-renewable and limit the life of a housing TIF project based on a costs/benefit analysis conducted by the local entities prior to implementation. Real Estate Improvement Districts During the 1995 legislative session, the real estate improvement district (RED) concept was enacted in six, il.p~proiect countie_~s. The concept allows developers and landowners to create special districts that can issue bonds to cover debt for infrastructure improvements, much like other benefitted districts. The RELDs bond debt is retired through special assessments to the eventual owners of the property. The summit committee commented that REIDs could be especially useful in creating larger housing development projects. The most significant impediment to the concept is the potential inability of developers to sell the bonds to finance the initial improvements; it was noted that TEF bonds were not particularly attractive to investors when first issued. Recommendation: Make the interest from public bonds exempt from state income tax to improve their marketability. The bonds must be issued by cities, counties, real estate improvement disu-icts or other public housing entities for the purpose of developing or rehabilitating housing. Local Housing Trust Funds Local governments are faced with several housing needs that require an accessible pool of money on relatively short notice. Such projects may include grants to shelters, low-income housing maintenance and repair, rehabilitation of property or mortgage incentives for low-income housing. Duting the 1995 session, two bills were introduced that would have made real estate transfer tax receipts available to counties for such housing needs. Currently, 83 percent of the revenues from the real estate transfer tax, which are locally generated, are deposited into the state general fund. Recommendation: Direct 95 percent of the real estate transfer tax revenues to counties -- 78 percent to be earmarked for housing purposes, 17 percent would continue to be used for the administrative expenses of handling the transfers, and 5 percent to be directed to Iowa Finance Authority as currently provided by law. Iowa Finance Authority Programs The Iowa Finance Authority (IFA) has become an important asset to Iowa's efforts to provide affordable financing for housing projects. IFA provides loans to leverage investments in larger housing projects, makes funds available for rehabilitation and contributes funding to other housing programs. The programs have been deemed very successful by consumers. However, IFA effectiveness is jeopardized by federal reseissions that will at best severely curtail, and probably eliminate, a key source of funding for [FA. Recommendation: Appropriate $I0 million to the Iowa Finance Authority to cover federal rescissions and expand current programs, such as rehabilitation loans. Acquisition of Derelict Housing In many communities, particularly in larger cities, numerous tax-delinquent houses sit empty for three years untilthey are sold on the tax sale. Duringthat period oftime, the house deteriorates intoa nuisance and becomes less attractive to rehabilitate. Even then. the house may be purchased as an investment by a buyer with no intention to improve or occupy the house. Recommendation: Enable cities to acquire dilapidated vacant houses through nuisance abatement procedures. Recommendation: Allow counties flexibility to dispose of tax-delinquent houses. including the ability to give special consideration to prospective low- and moderate-income buyers. This proposal would also impose stricter requirements for a buyer to demonstrate ability and intent to renovate the house for the purpose of habitation. Housing Rehabilitation A significant portion of Iowa's current housing stock is aging and needs major investment in rehabilitation. Unless the aging stock receives needed rehabilitation, the structure will decline below salvageable value and will be lost as a future housing opportunity. A significant difficulty with rehabilitation of older houses has been the strict standards that rehabilitation projects must follow. Many times the mandated improvements, which may not be essential to the habitability of the house, add more costs to the project than the house is worth after the project is completed. 4 A second issue regarding rehabilitation is the need to maximize the use of existing rehabilitation funds. The cun'ent grant method directs too much money to a limited number of projocts and does not promote an incentive for responsible or efficient use of funds. Recommendation: Review and modify state regulations on housing rehabilitation to allow local flexibility in areas other than safety. Local authorities should be encouraged to establish similar changes in local regulations. Recommendation: Make low-interest revolving loans available for rehabilitation to replace the current rehabilitation grant programs administered by the state. Use the principal and interest payments to establish a perpetual source of rehabilitation funding and encourage efficiency by loan recipients. Shortage of Building Trades Persons Several areas of the state are experiencing a shortage of individuals with building trades skills. The result is an inability of contractors to find sufficient skilled labor to build housing. Increasing the pool of skilled laborers is critical to creating competition among builders that will eventually result in lower housing costs. Recommendation: Direct community colleges to re-emphasize building trades programs and encourage high schools to expand into building trades programs. Education of Housing Development Services Historically there has been a lack of coordination among agencies that offer housing services, this has led to inef~cie_ncies in the dispersion of information. For consumers, layers of bureaucracy have made it difficult to identify whom to contact for assistance. Recently, agencies, including the Iowa Department of Economic Development, have created a one-stop process referred to as the Housing Assistance Review Team for consumers to use tn seeking assistance on housing programs. The committee recognizes this initiative as a positive step in maYring the programs more user-friendly. The committee suggest that these consolidation efforts continue and that the scope of such efforts include a program to educate consumers on innovative ideas. Recommendation: Provide adequate funding to agencies to continue to assess the effectiveness of outreach efforts and increase technical assistance programs. Other Issues The summit committee also voted to recommend the following items as specifically identified in the testimony of the Iowa Department of Economic Development: Encourage local officials to waive tipping fees on demolition debris for in-fill projects Encourage cities to revise subdivision standards to reduce costs without reducing quality Create contractor loan and guarantee programs Create local down payment assistance programs Allow property tax exemptions on speculative housing Federal Tax Issues Th~ committee also voted to encourage the Iowa Legislature to petition the federal government to review and relax tax provisions on real estate investments. Summit Committee Members Tom Hanafan Iowa League of Cities Mary Steil Iowa League of Cities Lcs Beck American Planning Association, Iowa Chapter Curt Hcidt Neighborhood Finance Association Shelley Sheehy Conage Family Resource Center Randall I~vin NationalAssociation of HousingRehabilitation Organizations Traci McBee Iowa Association of Realtors Glenn Jesse Iowa State Association of Counties Tracy Vance Iowa State Association of Counties Roy Johnson Regional Council of Govemmenta Charles Wasker Home Builders Association of Iowa Lloyd Ogle Iowa Coalition for Housing and Homelesshess Joe Kelly Iowa Manufactured Housing Association 7 City of Iowa City MEMORANDUM DATE: TO: FROM: RE: September 28, 1995 City Council City Manager Iowa River Power Dam Update deff, Charlie Denney, and Chuck met with the Coralville City Council on Tuesday to request financial participation in the bike path over the dam. We'll see. 30qi' City of Iowa City MEMORANDUM OAT E: TO: FROM: RE: September 28, 1995 City Council City Manager Chamber of Con~erce The attached was enc3osed in the most recent Chamber meeting packet. Economic Growth, Development & Diversification Survey Results* 1. What would you like to see as the posture of the Area Chamber conceming economic growth, develoment and diversification? 78% Proactively advocate economic growth, development and diversification. 20% Selectively support. 2% Maintain a neutral posture. 2. What type of labor do you find difficult to hire or retain? 12°/0 Houdy low-skilled 32°//0Houdy semi-skiIled 19% Technical 5% Middle Management 32% None 3. What do you think is the best approach to solving the problem of the availability of affordable housing? 11% Increase development density. 7% Subsidized housing. 5% Encourage apadment construction. 37% Encourage starter home construction. 12% Public transportation to outlying communities. 28% Municipal policies to reduce development costs. IOWA CITY AREA 4. Please indicate the extent to which the following factore are impediments to what you consider to be desirable growth, development and diversification. Serious Somewhat An Not An Not Impediment Impediment Impediment Important Industhal site availability 20% 44% 33% 3% Local gov't regulations: Iowa City 57% 33% 9% >1% Corelville 1% 26% 71% 2% North Liberty 1% 14% 82% 3% Johnson Co. 7% 49% 42% 2% Attitudeof Councilors and/or Supervisors: Iowa City 66% 26% 7% 1% Coralville 1% 23% 74% 1% North Liberty 1% 9% 86% 3% Johnson Co. 7% 49% 41% 3% Labor Supply 16% 49% 35% >1% Cost of Housing 49% 41% 28% 0% Community Attitude 14% 54% 32% 0% Municipal infastructure15% 49% 35% 1% 5. Please indicate where your business is located: 85% 2% 11% 2% 1% Iowa City Coralviile Nodh Uberty Other Johnson Co. Outside Johnson Co. · Survey distributed to 850 members of the Area Chember. Over 250 members returned surveys, a rate of 33%. Some numbers may not equal 100% due to rounding. For more information, call 337-9637. City of Iowa City MEMORANDUM Date: September 26, 1995 To: City Council From: City Manager Re: Pending Development Items A request submitted by the All Nations Baptist Church for a special exception to expand a religious institution for property located In the RS-5 zone at 1715 Mormon Trek Boulevard. A request submitted by Merlin Harem for special exceptions to allow dwelling units above the ground floor of a commercial use and to modify the screening requirements for a parking area for property located in the CC-2 zone at 1108-1110 N. Dodge Street. A request submitted by Lake Calvin Properties for final plat approval of Saddlebrook, Lot 4, a 45-acre 222-unit Manufactured Housing Park located south of Hwy. 6 and Heinz Road. ~1-5SA 3oq'/ September 25, 1995 CITY OF I0 WA CITY Ms. Pamela Bleckwenn 205 Post Road Iowa City, IA 52245-3627 Dear Ms. Bleckwenn: At their September 12 meeting, the City Council accepted your letter conceming door-to-door solicitation, and referred it to me for reply. In the past the City did license door-to-door solicitors. However, no background check of the individual or company was done. It was our recommendation that this license provided "a false security" to our citizens and sent a wrong message. Recently our City Attorney advised that charitable solicitations are fully protected speech under the First Amendment to the United States Constitution, and this includes door-to-door solicitations (Riley v. National Federation of the Blind of North Carolina, Inc., 1988). In light of these factors our new City Code, adopted by Council last September, removed the provisions dealing with door-to-door soliciting. Thank you for your letter, and please feel free to contact me with any further questions you may have. Sincerely, City Manager cc: City Council City Clerk City Attomey ~,-~s~ 410 EAST WASHII~OTON STREET · IOWA CITY. IOWA J2240-11;16 , (319) 3J6-J000 · FAX (319) 3S6-~009 ..It, September 26, 1995 CITY OF I0 WA CITY Randy Dickson 210 N. Gilbert St. Iowa City, IA 52245 Dear Mr. Dickson: t Your letter addressed to the City Council cdncerning your interest in providing consulting services to the City was referred to me for response. In order to be considered as a prospective consultant, we would require that you provide us with documentation of your experience and other qualifications. Such a credential statement will be kept in our bidders file and if the City were to utilize such services, we would contact you as a prospective bidder. Additionally, if any of the consulting engineers serving the City's interest have need of your type of services, we would also refer those credentials to that consulting engineer. Thank y~u for your interest. Sincerely, City Manager CC: City Council Director of Public Works Director of Planning and Community Development Purchasing Agent EAST WASHINOTON STREET · IOWA CIT~'. IOWA S2240-1826 · (319) 3S6-$000 · FAX {319} 356-5009 City of Iowa City MEMORANDUM Date: September 29, 1995 To: From: Re: City Council Dale Helling, Assistant City Manager Cable Franchise Renewal Your October 1 O, 1995, meeting agenda will include setting two public hearings on October 24, 1995, one for a proposed renewed cable television franchise agreement and one for a franchise enabling ordinance. These are based on the completion of negotiations with Cablevision VII Inc. (TCI), holders of the Iowa City franchise, which expired in April 1994 and has been extended since that time pending completion of renewal negotiations. The proposed agreement and ordinance are comprehensive in nature and copies will be forwarded to you and made available for public inspection in the near future. We will use the various media available to inform the public of the proposed agreement, the public hearing, and to encourage public response. Many issues were raised and discussed during our negotiations over the past 18 months. In many cases, such as the rate regulation issue, franchising authorities are severely restricted regarding what they can require. Our negotiations took place in the shadow of a pending controv~sial talecommunications reform bill which the federal legislature has wrestled with over the past two years. The resulting uncertainties for the future had a negative impact on our progress. Nonetheless, I believe we have come up with a proposed package which will serve the interests of the City and its citizen subscribers. Major provisions of the proposed agreement include a ten-year, non-exclusive franchise and a rebuild of the Iowa City system, to be completed within two years, which will incorporate state-of-the-art fiber optics technology and will provide a 78-channel (550 MHz) capacity upgradable to an approximate 100-channel (750 MHz) capacity. The company has indicated that a number of these additional channels will be activated upon completion of the rebuild. Also included in the agreement are consumer service and density requirements which meet or exceed FCC standards; signal quality and technical standards consistent with current industry standards; six channels reserved for local access (currently there are five) and the designation of two additional channels if needed in the future; continuation of funding for public access under the current formula; up to 50¢ per month additional funding for local access (primarily community programming) which would be a direct pass-through to subscribers; reserved capacity for City upstream use on a fee basis (i.e. water meter reading); subscriber information requirements; continuation of the 5% franchise fee; and liquidated damages for continuous violation of provisions of the franchise. See the attached chart for more detailed information and comparisons. Federal law places cities at a disadvantage in franchise renewals. We in Iowa City are certainly aware of that. Throughout the renewal process the cable company made it clear 30SO 2 that in certain matters they were only willing to give what the law required, i.e. basic rate regulation. Thus, there are a number of things not included in this agreement which we would all have liked to see. Most notable is the lack of an institutional network for governmental use. Similarly, the City insisted on certain provisions which the law clearly allows but which the company would have preferred not be included. Overall, I am convinced that this proposed agreement is more desirable than what we might have achieved if we had stayed with the formal renewal process instead of agreeing to negotiate informally. There are two additional matters which the cable company has agreed to via separate letter of commitment. First is a continuation of the 8% senior citizen discount currently provided. Second is a payment of 9200,000 in settlement of any and all claims by the City under the previous ordinance. Drew Shaffer, Anne Burnside and I are all available to answer your questions, either now or after you have reviewed copies of the agreement and the ordinance. Jean Rice from Rice, Willjams Associates, our consultant, will be present at the public hearing as well. Please let me know if you wish anything further. cc: Broadband Talecommunications Commission PRESENT STATUS Programming 35 video channels · 1 pay per view channel DMX audio Local Access · One channel each for Public Access. Government, Ubrary, Education, U of I · Approximately $ 149,000/year with CPI escalator for Public Access operational expenses · Additional channel trigger with high use (not met) Subscriber Policies · Repair calls same-day service 7 days/week if notified before 2 p.m. · Refund for 24 hr. outage Office hours 8-6 M-F, 9-5 Sat.; hours not set in franchise; after hour calls handled in Des Moines e Instal|ation in 7 days; TCI policy, not set in franchise · Senior citizen discount of 10% CITY'S REQUEST Programming (city may not require specific cable channels) e Interest expressed in 20 additional channels based on consumer input · Ala carte channels to be offered · Company to conduct consumer survey to ascertain programming interests f · Access channels free for. cost of instailation Local Access , e PATV requested $441,650 for equipment. $391,000 per year for operational exl~enses. larger facility, additional staff · Library requested $65,500 for equipment, additional staff, interconnection with Weeg, ICN and Internal e Gov. requested $587,500 for equipment, larger facility, additional channel for ,~- InfoVision systems dispersed around city, additional staff, kiosks · Schools requested $55,900 for video equipment, 3 channels (Schools, U of l, reserve), additional staff School Services · $50,000 contribution to Project SchoolNet · Pilot internal Project · Bandwidth and equipment for two-way data · Access to the Internal · Access to all channels and materials in TCI Education Project · Connection of Hills and Penn Elementary schools · Fiber optic cable To each school · Additionat classroom widng Subscriber Policy · Repair calls answered in two hour windows on weekdays and Saturdays · 24 hour refund for every 4 hour outage · Specific remedies if FCC standards for customer service not met · Office hours set in franchise · Installation within seven days of request · Three payment stations throughout City in addition to main office · Installation of TDE) machine at office · Senior Citizen discounts of 12% PROPOSED I:RANCH|SE programming Minimum of 4 new channels activated upon rebuild Part-time channels to become furl-time upon rebuild Company to conduct consumer survey to ascertain programming interests New programming to include categories indicated by City Local Access $960,000. or an average of $.50 per month, passed through to subscribers for the life of the franchise for all access channels and Community Programming $149,000/year with CPI escalator for public access operational expenses Additional, separate channel for government channel's InfoVision Additional channel reserved for community programming Trigger mechanism for additional local access channels upon high use. Optical transmission equipment O School Services Services and equipment bundled into $.50 pass-through Subscriber Policy o Repair calls in two hour windows on weekdays and Saturdays; calls prior to ardvat · 24 hour refund for every 18 hour outage o Business hours S-6 M-F, 9-5 Sat.; Service hours 8-5 M-S, On call 24 hrs. 7 days per week · Specific remedies if FCC standards for customer service not met · Three payment stations throughout City in addition to main office e Installation of TDD machine at office · Installation within seven days of request · Senior citizen discount (Side Letter of Commitment) PRESENT STATUS Service Area · New contiguous areas within 6 months · New non-contiguous with 20 potential subscriptions per mile within 6 months · Within City and within 200 ft. of system in 30 days · Beyond 200 ft. of system based on cost-sharing with subscriber institutional Nehvork · 10 activated sites System Design · 350 MHz, 35 channel capaciW · Not upgradeabis · No upstream subscriber capability · 15 years old, diminished reliability · Audio only emergency alert N1iscellaneous · 5% franchise fee e No fines for violations 9128195 CITY'S REQUEST Service Area areas within City boundaries Institutional Network · Fiber optic design capable of passing 100 Mbps e Minimum of 6 optic fibers to each site · All existing sites connected immediately · 37 additional sites connected in phases · Interconnection to Iowa Communications Network System Design · Rebuilt 750 MHz, 100 channel capacity Fiber-based system Less than t 200 subscribers per node · 2-way capacity on subscriber system Reserved upstream capacity for City use improved and enlarged headend Enhanced emergency alert utilizing text crawl · State-of-the-art new technology introduction · Switching capacity to enable Coralvi[le to cable cast only to Coralvilla · Interconnection with surrounding communities, Iowa Communications Network (ICN}, franchisee's regional service area · Back-up power throughout system, 20,000 watts standby at headend Miscellaneous 5% franchise fee · Test equipment kept in Iowa City · Fines for noncompliance $100-$600 depending on violation PROPOSED FRANCHISE Service Area · All areas within City boundaries with conditions listed below' · Showers Addition and Camp Cardinal Road served when City services extended · New residences within 6 months if underground, three months if aerial · New areas served at regular installation rate if 20 dwellings per cable plant mile, installation cost based on cost-sharing formula if less than 20 · City Block 81 served when easements available e Old Capitol Center served at time of rebuild · Commercial/industrial service based on cost sharing formula o None Institutional Network System Design · Upgraded 550 MHz, 78 channel capacity spaced to accommodate 750 MHz upgrade, 100 channels · Hybrid fiber-coax architecture · 600 subscribers per node · 2-way capacity; 5-40MHZ upstream activated from each node City given option to use upstream capacity at lowest commercial or subsidiary rate e Emergency alert to include text crawl within five years if equipment costs less than $15,000 and upgraded throughout franchise term to meet FCC guidelines · Switching capacity to enable Coralvilla to cable cast only to Coralville e Area interconnection capability with surrounding communities e 20,000 watts standby power at headend; 2.5 hour standby power at aJl optical nodes · Rebuild complete within 2 years Miscellaneous 5% franchise fee Test equipment available to Iowa City within 24 hours Fines for noncompliance $150-$250 Parental control devices available upon request City of Iowa City MEMORANDUM Date: September 26, 1995 To: City Council From: Drew Shaff~r~)> Re: World Wide Web (WWW) on InfoVision The Cable TV Division's Government Channel 4 interactive InfoVision service is now offering cable TV viewers access to the WWW. Once again the only thing a cable viewer needs to access the WWW is a touch-tone telephone and a TV set hooked up to cable TV. This is the first and only system of its kind in the country, brought to this community through a cooperative venture between the original designers of InfoVision's interactive software - Response Television Corporation (RTC), and Leepfrog Technologies, Inc., and the City of Iowa City. In brief the software has a built in filtering system that allows any ~ site to be added to InfoVision only after that site has been previewed by the City's Interactive Specialist, Mr. Don Wood. HoweveT, this eliminates any labor intensive design work on the part of City Cable TV staff, so that the size of the WWW offerings/database can grow exponentially without the same investment in staff time. With this new WVVVV feature InfoVision functions like a local newspaper of twenty years ago - and like newspapers will function 20 years from today, and more. Bringing local news and information to the community from City government as well as national and international offerings is only the beginning. Sound samples, animation, graphics, full motion video, tailoring the database for the hearing impaired and non English speaking populations, the ability to poll, survey, and track all usage to better customize and tailor to the interests of the Iowa City community's interests are all on the way. If you have any questions, please feel free to call me at 356-5046. ac~9-26ds 3o;l City of Iowa City MEMORANDUM DATE: TO: FROM: RE: September 28, 1995 Stephen Arkins, City Manager Don Yucuis, Finance Director Fiscal Year '95 Vendor List The Vendor List report dated September 25, 1995, for Fiscal Year 95 stated that it included "all" those businesses, etc. that did business with the City. ~'he report that was sent listed only those businesses that were greater than 9500. September 21, 1995 Dick Gibson, Director Planning & Administrative Services The University of Iowa 416 North Hall Iowa City, IA 52242 CITY OF I0 WA CITY Dear Dick: This letter will serve to summarize our phone conversation of September 20, 1995. Contrary to rumors we have heard, the University is not currently pursuing design of a new parking structure at the intersection of Burlington Street and Madison Street. This is, however, a potential location for a University parking structure in the future. It is my understanding that if and when the University decides to design a parking facility at this location, you are willing to discuss relocating the intercity bus station to this structure. Thank you for clarifying this matter. We appreciate your future consideration. Sincerely, Jeff Davidson, Assistant Director Department of Planning & Community Development cc: Steve Atkins Joe Fowler Peter Nathan Doug True Dave Ricketts bj\glbson 410 EAST WASHINGTON STREETe IOWA CITY, IOWA J}i40-18:16e I)lg) 3~lO-)000e FAX I]llgl 3J6-5009 City of Iowa City MEMORANDUM Date: To: From: Re: September 29, 1995 Steve Atkins. City Manager Rick Fosse. City Engineer ~ Longfellow Storm and Sanitary Sewer Project Visu-Sewer from St. Louis Park, Minnesota. arrived last week to pressure grout 1332 joints in the Longfellow area sanitary sewer. In preparing to do the work, Visu-Sewer reported that their cameras indicate the joints are too badly deteriorated to structurally withstand pressure grouting. We are obtaining a copy of their video tapes and report so that we can reassess what the best method might be to seal the joints from infiltration. Even though nothing was done to reduce infiltration, roots and miscellaneous obstructions were removed from the sewers to improve capacity. An article on this issue was given the neighborhood news letter. I will keep you informed. cc: Chuck Schm_adeke Mindy Greer City of Iowa City MEMORANDUM DATE: TO: FROM: RE: September 29, 1995 Mayor and City Council Marian K. Karr, City Clerk~~ Absence I will be out of the office October 5-9 (Thursday through Monday) attending a Municipal Clerks Education Foundation Meeting. Deputy City Clerk Sue Walsh will be attending your work session on October 9th and I plan on returning to work Tuesday and attending the formal meeting that evening. cc: City Manager City ~ttorney PW Director PCD Director HIS Director 3osS City of Iowa City MEMORANDUM Date: September 29, 1995 To: The Honorable Mayor Susan M~ Horowitz and Members of the City Council From: Linda Newman Woito, City Attorney Re: Answers to questions concerning up-coming political campaigns for City office; guidelines presented. As you can see from the attached memorandum prepared by First Assistant City Attorney Anne Burnside, this Office has received a number of questions during the past few weeks which require answering by way of legal opinion. For purposes of these questions, I hereby adopt Anne Burnside's memorandum as the legal opinion of this Office, and point out the following guidelines: 1. City employees are clearly permitted to wear campaign buttons at work under the First Amendment to the U.S. Constitution. Although there was some confusing material issued by the Iowa Campaign Finance Disclosure Commission in 1992, it is my opinion that the Brochure cannot withstand constitutional scrutiny as it relates to City employees wearing campaign buttons at work. 2. Employees who work for non-profit agencies which receive City funding, such as United Action for Youth. can also wear campaign buttons at work. This question was raised by one of the candidates, and again is answered in the affirmative by the First Amendment. 3. CandicTates for City Council may pass out campaign material. including campaign buttons and brochures, at City-owned sites, so long as the area is generally open to the public or where the facilities constitute a "public forum" under First Amendment law. As noted in Anne Burnside's memorandum, this would include the Airport in general (excluding offices and privately-leased premises); areas of the Senior Center where the public may congregate; the Lobby of the Civic Center, (but not private offices); the community-focused areas of the Robert Lee Recreation Center; and of course, all City Parks. 4. There is no limitation on the amount of money which a candidate may donate to their own campaign. Some of these questions have already been answered on an informal basis, but I wanted to present this information formally so that everyone is clear on the "guidelines" under the appropriate laws. Nonetheless, there may be unusual circumstances which may arise, which should be handled on a case-by-case basis -- so please call Anne or me If you have questions, 386- 5030. CC: City Clerk City Manager Assistant City Manager Department and Division Heads City Attorney Opinion file Attachment City of Iowa City MEMORANDUM Date: September 24, 1995 TO: From: Re: Linda Woito, City Attorney Anne Burnside, First Assistant City Attorney Campaign Questions You asked me to research and answer the following questions which have arisen with the current City Council campaigd season. Are City employees permitted to wear campaign buttons at work? Can employees of non-profit employers wear campaign buttons at work? Can a candidate pass out campaign material at a public site such as the Senior Center or the Airport? Is there a limit to the amount of money which a candidate can donate to the candidate's own campaign? 1 will answer each in turn. I will not detail all of the research underlying each answer, but will summarize the research. Campaign-buttons. At the outset I should point out that there is some conflicting information on this topic. In 1992, the Iowa Campaign Finance Disclosure Commission published a brochure titled "Prohibitions for Use of Public Funds for Political Purposes", presumably under the authority of Chapter 56, Code of Iowa. Paragraph 8 of the brochure states: Employees of a political subdivision may not engage in campaign activities of any sort during working hours or while on the premises of the political subdivision, including wearing political buttons, distributing literature, preparing promotional materials, etc. This appears to clearly answer the first question with a "No". However, I think this brochure must be taken with a grain of salt, since the brochure is not only contrary to state law including administrative rules, but also contrary to the First Amendment rights of public employees. For example, Section 19A. 18, the Code states Discrimination, political activity, use Of official influence prohibited. "...No person holding a position in the classified service shall, during the person's working hours or when performing the person's duties or when using state equipment or at any time on state property, take part in any way in soliciting any contribution for any political party or any person seeking political office, 2 nor shall such employee engage in any political activity that will impair the employee's efficiency during working hours or cause the employee to be tardy or absent from work....The commission shall adopt any rules necessary for further restricting political activities.of persons holding positions in the classified service, but only to the extent necessary to comply with federal standards. Employees retain the right to vote as they please and to express their opinions on all subjects." Section 56.12A,the Code states "Use of public moneys for political purposes. The state and the governing body of a county, 'city, or other political subdivision of the state shall not expend or permit the expenditure of public moneys for political purposes, including supporting or opposing a ballot issue. This section shall not be construed t0 limit the freedom of speech of officials or employees of the state or of officials or employees of a governing body of a county, city, or other political subdivision of the state." Section 351-12.3(68B), Iowa Administrative Code states in part: "Code of ethics for state executive branch officials and employees and statewide candidates. (3) Officials, employees and candidates are prohibited from displaying campaign promotional materials on state government property. "Campaign promotional materials" do not include political buttons or other political paraphernalia if they are worn on the person. (4) Officials, employees and candidates may display bumper stickers and campaign signs on personal vehicles which are parked in state public or employee parking lots of facilities in which the persons are either employed or are visiting to conduct business. I believe ~hese various state law regulations arise out of clearly established free speech principles and are controlling on iowa City - as opposed to the misguided brochure. This is because language on political buttons is "pure speech". Tinker v. Des Moines Cornmunitv School District, 393 U.S. 503, 505-506, 89 S. Ct. 733, 735-736 (1969). "As such it is entitled to the highest degree of protection available under the circumstances." Kelly v. United States Postal Service, 492 F. Supp. 121, 127 (1980). Applied to the context of public employees' exercise of free speech rights while at the work site, the U.S. Supreme Court has stated the test is "to arrive at a balance between the interest of the employee, as a citizen, in commenting upon matters of public concern and the interest of the government, as an employer, in promoting the efficiency of the public services it performs through its employees." Pickerin~ v. Bd. of Education, 391 U.S. 563, 568, 88 S.Ct. 1731, 1734 (1968). As a general rule, the government must show the following before restricting "pure speech": 1. a clear and present danger is presented by the pure speech the individuars interest in expressing himself is outweighed by the danger from allowing the pure speech, and the government has used the narrowest restriction on pure expression consistent with the furtherance of the governmental interest involved. 3 "The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils Congress has a right to prevent. It is a question of proximity and degree." Schenck v. United States, 249 U.S. 47, 52, 39 S. Ct. 247, 249 (1919). (Shouting "fire" in a public theatre is not protected speech.) Applied to the first question presented, I think it is clear that the City may not flatly prohibit its employees from wearing political buttons. The general rule must be that City employees retain the right to express political views. I think there are some narrow exceptions which may be identified, however. For example, in the case of City elections, there is some legitimate governmental interest, as an employer, to regulate the speech of its employees. Thus, I think it is reasonable to ask City administrators who are directly appointed by Council to refrain from expressing political preference at the work site. Similarly, I think there is a legitimate interest in expecting police officers and fire fighters to refrain from engaging in this type of political speech while in uniform and serving the public. The "legitimate interest" arises from the fact that the employee, in uniform, is likely to be viewed by the public as espousing a departmental or employer view. Just as certainly, those same police and fire fighters and City administrators are free and must remain free to express any political view when away from the job site and not on duty. You also asked whether the employees of non-profit organizations who receive City funding may wear campaign buttons. This question came from a candidate who works for an agency that receives City funds. I know of no reason such employees would be held to a higher standard than public employees. The First Amendment is not limited ir[ applicability to public employers. The only restriction which might apply is whether an organization's tax-exempt status would be jeopardized by employee's wearing political buttons. This is a question far removed from my area of expertise, but I would hazard a guess that the I.R.S. would not be permitted to infringe on the free speech rights of individual employees. You have not asked whether the organization itself is expressing political views. Non-profit status for I.R.S. purposes requires organizations to refrain from certain political speech, but it would be a long step from that requirement to the point of preventing individual employees from wearing political buttons. Political literature and buttons on public property. My earlier discussion about campaign-button speech being "pure speech," entitled to the highest protection, pertains to this question as well. In addition, this question involves spaces which may be considered "public forums" or "fora." These, too, are entitled to the highest level of protection for speech which does not present a clear and present danger. This very old and well-established law is reflected in Section 351-12.3(2) Iowa Administrative Code which states that "candidates may not use facilities, equipment or materials paid for by public funds for any political purpose. However, the prohibition does not bar the use of public facilities, equipment or materials where such use is commonly available to the general public or where the facilities constitute a public forum" [emphasis added]. Applied to your question, the central focus should be to determine whether any given site is a public forum or the degree of restriction which the City may place on its use. Without engaging in a lengthy discussion of the different types of fora, See e.g., 4 International Society for Krishna Consciousness, Inc. v. Lee, 112 S.Ct. 2711 (1992) for a discussion of the manner in which public property may and may not be deemed "public forum." I suggest that the public areas of most City-owned facilities may well be public fora. Offices are not public fora. The specific areas you mentioned--the Senior Center and the Airport-* are probably public fora in their meeting rooms, their open grounds and spaces, but not in their government offices. If a candidate for public office is permitted to speak in the space to potential voters, I recommend that the candidate be allowed to distribute campaign materials as well. Candidate's donations to campaign. Limitations on the giving and spending of money in political campaigns "operate in an area of the most fundamental First Amendment activities." Bucklev v. Valeo, 424 U.S. 1, 14, 96 S.Ct. 612, 632 (1976). Restrictions on campaign contributions and expenditures implicate both the rights of political expression and association protected by the First Amendment. Id. Hence, all restrictions on campaign financing must be tested at the level of strict scrutiny to determine whether the regulation serves a compelling governmental interest and is narrowly tailored. Bucklay 424 U.S.at 44-45. Nonetheless, the Court has held that regulations to prevent corruption or the appearance of corruption in elections are compelling governmental interests, and can be the foundation for campaign finance limitations. Turning to Iowa's campaign finance statute, Chapter 56, the Code reveals the Legislature has set out a scheme to regulate donations to campaigns and campaign expenditures. The section which seems most pertinent to your question is Section 56.2(8):."Contribution" means: a. A gift, loan, advance, deposit, rebate, refund, or transfer of money or a gift in kind. b. The payment, by any person other than a candidate or political committee, of compensation for the personal services of another person which are rendered to a candidate or political committee for any such purpose. [emphasis added] Section 1-9-2, City Code limits individual contributions to one candidate per election to $50 -- although the Council has not yet put into place any enforcement mechanism. However, I can find no case law on the issue of restricting a candidate's donations to their own campaign, The rationale underlying Buckley does not apply, since the candidate can hardly be "buying" his or her own vote. I also point out that the rationale does not even seek to create a level playing field on which all candidates have equivalent access to resources. Rather, the intent is to prevent corruption and to create an open record whereby citizens may see who actually paid money to a candidate. Limiting the amount of money a candidate can donate to his or her own campaign would not seem to advance either of these goals. Absent a compelling and narrowly tailored reason to limit the candidate's donations to the candidate's own campaign, I would not interpret City Code :to contain such a limitation. .7' - September 29, 1995 Dane Oneida 232 Elizabeth Street Iowa City, IA 52245 Same letter to all Council candidates. CITY OF I0 WA CITY Changed rules regarding political signs; durational limitations and ban on illumination are unconstitutional and will not be enforced during this election campaign Deer Mr. Oneida: AS you can see from the enclosed legal memorandum to me from my First Assistant City Attorney Anne Burnside, a recent court decision from the Eighth Circuit Court of Appeals has found a sign ordinance, almost identical to Iowa City's political sign ordinance, to be unconstitutional in two respects which affect our ordinance: The durational or time limitations imposed by the Iowa City City Code are not enforceable because unconstitutional. This means that the "no earlier than thirty days prior to the election" and "no later than seven days after the election date" for posting of political signs are now legally unenforceable. The ban on "no political illuminated signs" is also unenforceable, as decided by tile Whitton case discussed in Anne's memorandum. I am enclosing a page from the political candidate handbook for City Council elections, whereby I have struck out the unconstitutional p'~rtions of the guidelines, see enclosed, As a practical matter, the durational regulations will have little effect on posting of political signs - except that signs may be installed immediately rather than October 6, 1995. As for when signs should be taken down, we will require removal within a reasonable time after the election, Thank you for your attention to this matter, and please call if you have questions at 356-5030. In the meantime, City staff will be proposing a revised political sign ordinance - but this will take a while to accomplish, and should not concern you at this time. Cordially yours, e~vman Woito City Attorney cc: City Council City Clerk City Manager Assistant City Manager Tom Slockett, County Auditor/Elections Commissioner City Attorney Opinion File Enc. 410 EAST WASHINOTON STR~ET e IOWA CITY. IOWA ~2240-1826~,(319) 3S6-~000e FAX (319) 3S6-~i009 City of iowa City MEMORANDUM Date: To: From: Re: September 24, 1995 Linda Woito, City Attorney Anne Burnside, First Assistant City Attorney City Code Regulation of Political Signs after Whitton v. Gladstone, Missouri, 54 F.3d 1400 (8th Cir. 1995) In May of this year, the Eighth Circuit Court of Appeals decided Whitton v. Gladstone, and in so doing, held that city's political sign ordinance to violate the First Amendment to the United States Constitution. The city ordinance was so similar to Iowa City's political sign ordinance that I conclude Iowa City's ordinance would also fail to survive a First Amendment analysis. Discussion: Political Signs and New Case Law: The ordinances at issue are these: Gladstone Section 25-45 "Restriction of political signs within zones. A ..... No political signs located in an area zoned for residential use shall be placed or erected more than thirty (30) days prior to the election to which such sign pertains and such sign shall be removed within seven (7) days after such election. B ..... No political signs located in an area zoned for industrial or commercial use shall be placed or erected more than thirty (30) days prior to the election to which such sign pertains and such sign shall be removed within seven (7) days after such election." Iowa City Section 14-60-4(A)(8)(a) Political Signs: Political signs shall be subject to the following requirements: (1) In residential zones, non-illuminated political signs may be displayed on each premises. A political sign may not exceed twelve (12) square feet in area. Such ~igns shall not be installed prior to thirty (30) days before the election for the candidate or issue indicated on the sign. All such signs shall be removed no later'than seven (7) days after the election date. (2) In other zones, political signs shall conform to the applicable regulations for permitted signs in the zone. Gladstone contended that the ordinances were reasonable time, place and manner restrictions, and that the ordinances were not content-based. The Court denied both arguments. The ordinances are content-based for two reasons: first, the restriction only applies to a sign bearing a political massage. For instance, the restriction would not apply to other temporary signs such as real estate signs. [Gladstone's real estate sign ordinance, like Iowa City's, permitted greater latitude in erecting and maintaining real estate signs than political signs.] In a footnote, the Court gave an interesting example of the deficiency of Gladstone's ordinance. "...a sign stating 'Go Royals' would not be subject to the durational limitations while a sign constructed with the same materials and on precisely the same spot stating 'Go Ashcroft' would be. Counsel for Gladstone also conceded that a sign urging the impeachment of the President of the United States would not fall within the definition of a political sign (and thus not subject to the durational limitations) while a sign urging the reelaction of the President would be. In fact, in these areas, a permanent ground sign with no message could be erected and would not be subjected to the durational limitations while the same sign advocating a political candidate would be." Whitton at 1404 fn. 8. For these reasons, the Court found Gladstone's ordinance treated some commercial speech more favorably than political speech, and found the ordinances were impermi~'sibly content-based. Under well-established principles, once a statute is found to be content based, it is subject to strict scrutiny. Gladstone had strenuously argued that the regulations were content-neutral time, place and manner restrictions, and had made the expected health, safety and aesthetics arguments. The Court did not deny these are "laudable" bases for regulation. Nonetheless, the Court found strict scrutiny to be the proper test because the ordinances were not content-neutral. ""For the State to enforce a content-based exclusion it must show that its regulation is necessary to serve a compelling state interest and that it is narrowly drawn to achieve that end."' Whitton at 1408 citing Perry Ed. Ass'n v. Perry Local Educators' ASs'n, 460 UoS. 37 at 45, 103 S.Ct. at 955 (1983). A municipality's asserted interests in traffic safety and aesthetics, while significant, have never been held to be compelling. The Court also found the durational restrictions were not narrowly- tailored to achieve their aims. The Court held the city had failed to present evidence to support the necessity of their restrictions. The Court did note that an ordinance which required "any political sign be posted for a maximum period of 90 days before it is removed or replaced" would be constitutional. "Nothing in the ordinance prohibits the defendants from erecting a different temporary sign one day after dismantling their first temporary sign." Whitton at 1409, fn, 13. I attach a copy of the Whitton decision, for your information. I have Shepardized the case and do not find any indication that an appeal to the United States Supreme Court is pending. Assuming that to be the case, Whitton would be controlling law in our jurisdiction on the specific issue of municipal ordinances which set durational limits for temporary political signs. Discussion: State Law & Political Signs One other matter I should mention involves an opinion written in 1993 regarding the placement of political signs in Iowa City. In Section II of that opinion, this Office discusses Sections 306C.20, and 306C,22, Iowa Code, which contains time limitations on political signs. Political signs may not be posted more than 45 days prior to an election. State law also limits municipal power to adopt political sign ordinances: "A municipal corporation shall adopt no ordinance which prohibits the placement of political signs on private property as permitted by this section ...."Based on my review of state law governing political signs, it is clear to me that your 1993 opinion preceded Whitton. and thus was not discussed two years ago. In light of Whitton, I believe Iowa Code Section 306C.20 is no longer good law. Discussion: Other City Sign Ordinances Having said that, I need to clarify what Whitton does not do, in my opinion. Whitton deals specifically with political speech and political signs. Before the Court commenced its analysis of the Gladstone ordinance, it noted that "'the First Amendment has its fullest and most urgent application to speech uttered during a campaig~ for political office"' and "'political speech occupies the core of the protection afforded by the First Amendment"'. Whitton citing Burson v. Freeman, 504 U.S. 191,196-197, 112 S.Ct. 1846, 1850 (1992); Mclntyre v. Ohio Elections Comm., 115 S.Ct. 1511, 1516-1518 (1984). Thus, the Whitton case is narrowly applied to questions involving political sign regulation by government ordinance, and does not affect or undermine the remainder of Iowa City's sign ordinances. For example, my legal opinion written June 1, 1995 regarding the constitutionality of off- premises signs is still the correct analysis and remains still in effect as good law. This is because there is a legally critical difference between the matter examined in the June 1, 1995 opinion and the present opinion because political signs are deemed by the Eighth Circuit Court as content-based regulation. In contrast, Iowa City's off- premises sign ordinance is content-neutral, and therefore subject to a lower level of scrutiny. I attach a copy of the earlier opinion for your convenience. If you have questions or require additional research on the topic, please Ist me know. c:\wp5 1 \politsig REVZS£D BY CZTY AI'I'ORNEY 9/29/95 POLITICAL SIGN REGULATIONS In order to ensure that political campaign signs meet certain reasonable standards, the · City of Iowa City has adopted a Sign Ordinance which provides guidelines for the making and posting of political signs. These guidelines specify that political signs having to do with any candidate/issue or political statements and expressions shall be permitted subject to the following provisions and any other applicable provisions of the Sign Ordinance: In residential zones: AllPoliti:~~sig shall e pla d no e flier th n 30 ys p or to he elete ti n and shall e rein ved n t later an seen d s foil wing the d A political sign shall not exceed twelve square feet in area. In a~ other zones; All political signs must conform to regulations applicable in those zones. Additionally, no political sign shall be placed or affixed to a tree, fence, or utility pole and shall not be posted on any public property or in a public right-of-way (the area between the sidewalk and curb is public property). Also, distdct candidate signs are not limited to the District, but may be placed in any area of the City. . If you have any questions regarding these regulations, you may call the Department of Housing and Inspection Services' at 356-5120, 4 Council on Disability Rights and Education MEETING AGENDA OCTOBER 3, 1995 - 10:00 A.M. CITY COUNCIL CHAMBERS CIVIC CENTER - 410 E. WASHINGTON ST. IOWA CITY, IA 52240 5. 6. 7. 8. Introductions Approval of Minutes Subcommittees/Reports a. Housing b. Transportation c. Public Accommodations d. Public Relations Other Reports Bylaws Review Other Business Next Meeting Agenda - November 7, 1995 Adjourn CC: Io~a City City Council Johnson County Board of Supervisors mgr~asst',cdreg-5,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 a]] facilities and services within our community. The Council on Disability Rights and Education Transportation Sub-Committee Report The sub-committee last convened on August 8th at 5:00p.m. at the Evert Connor Rights and Resource Center ?or Independent Living· Present: Linda Carter, Timothy Clancy, and L~rry Olson Most o~ the discussion during the meeting concentrated on issues related to the Iowa Statewide Transportation Improvement Program or STIr. Cart'er and C]ancy would attend this meeting the following day and the ~o]]owing questions were raised: 1. What was the status o? the braille and large print schedules ~or public transit buses? A. Iowa City transit officials had the misconception that a intern ~rom the U of I Legal Clinic was developing the ?ormat, 2. Cambus had recently budgeted ?or a TTD machine uhile Iowa City did not. Why? AT The City utilizes the services o? Iowa Relay. Coralvilla and Cambus used different terminology to describe the lifts that would retro?it their buses. they re?erring to the same type? Are A. Yes. 4. When do shelters have to be accessible? A, Now. 5. Why was para-transit not mentioned in the plan? A. Para-transit is governed by the East Central Iowa Council o? Governments. 6. When would the in?ormation at the Transportation In?ormation Center be available in accessib]e ?ormats? A. Not until 1997. Though Karen Hubby did make note o~ the need ~or more expedient change. Many had-expressed that the current meeting time made it di?~icult ~or them to attend the sub-committee meetings, was decided that future meetings would ?rom l:30p.m, to 3:00p.m. in the conference room· (availability is pending) It Council on Disability Rights and Education MEETING MINUTES SEPTEMBER 5, 1995 Members Present: Mace Braverman, Nancy Ostragnai, Linda Carter, Mike Hoenig, Loren Schmidt, Lynn Sandlet, Anne Rawland, Marjorie Hayden-Strait, Tim Clancy, Keith Ruff, Ann Shires, Ethel Madison, Kevin Butt, Larry Quigley, Dr, Crockett Grabbe Mace Braverman called the meeting to order. Members present introduced themselves. Mace Braverman indicated that he had received a letter from co-chairperson John Harshfield indicating that he had left Iowa City and was resigning as co-chairperson. SUBCOMMITTEE REPORTS Housing: It was suggested that the reference to "impairments" in the checklist be changed to "disabilities". It was also suggested that items on the checklist be arranged in order of importance so that business owners who wished to increase accessibility will know what are the most important things to do. It was noted that the checklist is not entirely complete and some additional revisions are expected. Braverman asked if the checklist would be distributed by the City. He was advised that it would not be, but that it is for property owners or managers to use in conjunction with the subcommittee performing an audit. A question was raised as to whether some of the regulations regarding housing are reasonable. Braverman s~'~gested that the checklist reflects standards with which we should be working to insure that everyone is doing things the same way. Ruff stressed that the checklist represents an attempt to provide helpful hints to owners and managers in a practical sense, Transportation: Clancy indicated that he had attended a Statewide Transportation Implementation Program (STIP) on August 8. He distributed a handout with a list of questions and answers which were brought up and he briefly explained each. Mike Hoenig related an experience involving Cambus illustrating the need for drivers to allow time for people who can't see to determine which route a bus is assigned to. Minutes of the August 1 meeting were approved unanimously. Public Accommodations: Kevin Burt indicated that this committee is forging ahead. A response had been sent to the City regarding sidewalk cafes. The committee continues to work on helping all businesses to become more accessible and several projects are scheduled for the near future. A previous suggestion that wrought-iron fences be used around sidewalk cares was raised along with the concern that there may be some danger if these fences have metal pieces protruding upward. Public Relations: This committee has not met since last month. Marjorie Hayden-Strait suggested a big publicity campaign using public-access television. She suggested doing something quickly as October is National Disability Employment Awareness Month. She suggested there is good information available to use in a local campaign and that public access TV personnel be contacted. BYLAWS Braverman requested that I(evin Burr chair the remainder of the meeting. Anne Rawland briefly introduced the draft document and explained the rationale behind some of its provisions. It is patterned after the Chamber of Commerce bylaws as a guideline for structure and process. A general discussion followed and it was agreed that a number of revisions would be made before the next draft is sent out in the October meeting packet. OTHER BUSINESS There was discussion regarding the possibility of getting material out before the meeting, particularly documents such as the draft bylaws. It was also indicated that we should attempt to do these in alternative formats. It was pointed out that the draft of the bylaws was completed only three days before this meeting and that, in the future, most materials would be circulated in advance of the meeting and in the appropriate alternative formats. Meeting adjourned, rngr~asst~cdteg.5.min AUgUSt 29, 1995 CITY OF IOWA CITY Dear Sidewalk Cafe Proprietor, On AugUst 28, 1995, at it's Work Session, the City Council asked that I send you the attached list of recommendations and concerns for access to the sidewalk cafes in the downtown area submitted by the Council on Disability Rights and Education (CDRE). Council has chosen not to include the suggestions in the ordinance at this time. We encourage you to consider these suggestions when you review the method of delineation used in your sidewalk cafe area. Again, these suggestions are not required. We ask your cooperation by incorporating them in your sidewalk cafe. Thank you for your help. Sincerely, Marian K. Karr, CMC/AAE City Clerk Attachment City Council Ron Boose, Senior Building Inspector Andy Rocca, Acting Fire Chief David Schoon, Economic Development Planner 410 EAST WASHINGTON STREET · IOWA CITY. IOWA S2240-1814 · (319) 3~li. SO00 · FAX (319) 394-9009 August 11, 1995 Dear Mayor Horowltz: The Council on Disability on Pubtic Accommodations and concerns for access area. Rights and has the 1) Education (CDRE) committee following recommendations to the sidewalk cafes In the downtown Detectable area for Individuals who are blind: · A lowered, taut, rope not mounted higher than inches from the ground. · Planters, such as those in use by "Blimple's". · Wrought Iron fences which can be removed in the winter. · Staggered or offset roping for entry way into the care. seven 2) Planning for adequate space for persons who use - wheelchairs within the designated area (refer ADA for. standards on access Isles). tO 3)' Communication: · Once again, had persons with disabilities been Included In the planning of these cafe's, it is most Ilkely that the City Council would not need to solicit the CDRE for the above suggestions on how to "better" their access. We are available if you need further input with this subject. Thank you for your time and consideration. CDRE Public Accommodations Committee Council on Disability Rights and Education Ed Blake .......................................... Jacquel,/n Bolden .................................... 335-1264 (W) Joe Bolkcom ....................................... 356-6000 (W) Mace Braverman ~ Co-chair ............................. 337-4195 IW) Ed Brinton ......................................... 338-4600 IH) Kevin Burr ........................................ 338-3870 (W) Linda Carter ....................................... 337-8332 Tim Clanc,/ ....................................... 354-1067 (H) Patrick Frazier ..................................... Dr, Crockett Grabbe ................................. 335-1929 (W) Tim Grieves ....................................... 339-6BO0 (W) John Harshfield - Co-Chair ............................. 358-6518 (H) Jim Harris ........................................ Pat Harve,/ ....................................... 356-5B00 {W) Marjorie Hayden-Strait ................................ 337-5847 (H) Dal~ Hailing ........................................ 356-5013 (W) Kar~'n Kubby ....................................... 338-1321 IH) Ethel Madison ...................................... 338-3870 (W) Susan Mask ........................................ 335-0705 (W) John McKinstr,/ ..................................... 337-4181 (W) Jane Nelson-Kuhn ................................... Nanc,/Ostrognai .................................... 338-7690 IH) Larry Ouigle,/ ....................................... 644-2097 (H) Anne Rawland ...................................... 337-9637 (W) Keith Ruff ......................................... 338-3870 (W) Loren Schmidt ...................................... Heather Shank ...................................... 356-5022 (W) Doris Jean Sheriff .................................... 339-0579 (H) Ann Shires ........................................ Orville Townsend .................................... * Indicates Core Group Member Council on Disability Rights and Education SUBCOMMITTEE MEMBERSHIPS TRANSPORTATION SUBCOMMITTEE Linda Carter Tim Clancy Kevin Doyle Joe Fowler Marjorie Hayden-Strait Larry Olson Doris Jean Sheriff HOUSING SUBCOMMITTEE Keyin Burr Tim Clancy John Harshfield PUBLIC ACCOMMODATIONS SUBCOMMITTEE Linda Carter Ed Brinton Ke-vin Burt Ethel Madison Dick Donahue PUBLIC RELATIONS SUBCOMMITTEE Ed Blake Jacquelyn Bolden Kevin Burt Tim Clancy Karen Kubby Keith Ruff Rita Sandhagen Heather Shank Dr. Crockett Grabbe Loren Schmidt Nancy Ostrognai Keith Ruff Martha Yoak Tim Clancy John Harshfield Dale Helling Ethel Madison Keith Ruff BYLAWS OF THE COUNCIL ON DISABILITY RIGHTS AND EDUCATION ARTICLE I · GENERAL Section 1. Name This organization shall be known as fie Council on Disability Rights and Education, heroinafter referred to as fie CDRE. Section 2. Purposes The CDRE is organized as an educational and advocacy ceundl for fie purposes of: a. Educating individuals and entitles about fie rights of persons with disabili~es. b. Encouraging and assisting businesses ~ accommedating persons with disabilities. c. Encouraging compliance w~h ~e Americans with Disabilities Act (ADA). d. Makjng recommendaljons to governmental and non-governmental agencies. ARTICLE II - MEMBERSHIP Section 1. Elieibi~'ty Any person interested in the activities of the CDRE are considered at-large members. All persons serving on a committee (Article V, Section 1) are voting considered members of the CDRE. The voting membemhip must include pemons with disabilities; however, memberehip shall not be limited to persons with disabili~es. Also, the "Charter Membership' of the CDRE shall be considered voting members. For the purpose of implementation of these By-laws, the "Charter Membership' of the CDRE shall be the 'Current Membership' as listed on the attached list of charter members. Section 2. Election Application for at-large membership shall be made by attending a mealjng and exp~ing an interest in the CDRE. Applications for voting membership shall be made by attending a meeting and volunteering to sen/e on a CDRE committee. Final approval of applications for voting membership shall be made by a majority vote of the Board. Section 3. Termination Voting membership may he terminated at the recommendalton of a committee as presented by that committee's chair and approved by a majority vote of the Board. Section 4. Vofinq Restrictjons of Members Every member is entitled to one vote in any electtion, referendum or meeting of the CDRE. No voting by proxy shall be permitted. Ballots will be mailed to the address provided (and updated) by each member. ARTICLE III · MEETINGS Section 1. Annual MeetinQ The Annual Meeling of the CDRE shall be held in September. Section 2. Sl~cial Meetin.es Special meetings of the CDRE may be called by the Chair, by a majority of the Board. or upon polYdon in writing of five percent of the membership. Notice of special meetings shall be mailed to each merober at least ten (10) days prior to such meetings. Section 3. Quorums The following am the quorum requirements for conducting meetings: a. At an annual or special meeting of the CDRE membership, a quorum will be called when the attendance is ten percent (10%) or greater of the CDRE membership. b. At any mee~g of the Board of Directors, a quorum will be called when the attendance is more than fifty percent (50%) of the voting members of the Board. c. At any committee meeting, a quorum will be called when the attendance of the committee is more than fifty percent (50%) of the voting members of a committee. ARTICLE IV - BOARD OF DIRECTORS Section 1. Power and Responsibilities The management and policy making responsibili~es of fie CDRE shall be vested in fie Board of Directore. Section 2. Composition of the Board The Board of Directors shall be composed of 13 members. It shall include persons with disabili~ee whenever poeeible; however, membership shall not be limited to those with disabilities. The Board of Directors, by a majority vote. may add additional ex-officio members. Ex-officio, non-voting members may be the named person or their destgnee. 2 Section 3. Meetincls The Board of Directors will have the following meetings: a. W'rihin the thin'y (30) days after to the Annual Meeting, the Board of Directors for the next year will meet to qualify and elect the following officers: Chair, Vica-Chajr, and Secretary. b. Regular meetings of the Board of Directore shall be no more frequent than monthly. In addion, special meetings may be called by the Chair at the written request of any five (5) directore. Notice of special meetings (including the purpose of the meeting) shall be given to each director at least one (3) day pdor to said meeting. c. A simple majority of those present shall decide any questions unless these bylaws require otherwise. Section 4. Pmcadures for Nomination of Candidates Board nominations will be made by a Nominating Committee selected by the Board. The Nominating Committee will be named at least 90 days prior to the annual election and camposed of tive (5) members, including at least two (2) individuals drawn from the general membership. Nominees must be presented to the membership at least thirty 30 days prior to the election. Additional candidates for Director may be nominated by notifying the Board of Directors, in vaiting, within 14 days of the prseentotion to the membership of the slate of nominees by the Nominating Committee. Section 5. Candidates All candidates for Director must be a member in good standing of the CDRE. Section 6. Ballots The ballot shall be prepared by the Secretary and shall contain the names of candidates nominated by the Nominating Committee, listed in alphabetical order. Ballots shall also include the date and location of the Annual Meeting and any other information deemed necessary by the Nominating Committee and appmved by the Board. Section 7. Election The Secretary shall mail the official ballots fourteen (14) days prior to the Annual Meeting to all members of the CDRE. Ballots shall be returned, in person, to the Annual Meeting. The election will be declared closed by the Chair at the start of the meeting. Ballots will be tallied by the Nominating Committee with results announced prior to the end of the Annual Meeting. Section 8. Board Terms The terms of the Board members are: a. Initially two (2) years for seven (7) Directors and one (1) year for six (6) Directors. Thereafter, all terms are two (2) years. b. Limited to two (2) consecutive terms, with the exception of the initial six (6) one-year Directors, who may san/e three (3) consecutive terms. c. The unexpimd term of a Board member being replaced, should an appointed be required to fill a vacancy. 3 Section 9. Vacancies of the Director Unexpired terms of the Board of Directore shall be filled by an individual who has been nominated by the Board and approved by a majodty vote of the Board of Directore at a regularly scheduled roesting. Section 10. Removal of Directors_ Directors may be removed by a two-thirds (2/3) vote of other Board members for ~lum to perform the dutiee of a Director. Three (3) consecutive unexcused meeting absenses shall be deemed failure to perform such duties. ARTICLE V o OFFICERS Section 1. Officem The officers of the CDRE shall be the Chair, Vice-Chair and Secretary. All the officers shall be voting members of the Board. Section 2. Nominations and Election of Officers As set out in Nljcle IV, Section 3, within the thirty (30) days after to the Annual Meeting, the Board of Directors for the next year will meet to qualify and elect the following officers: Chair, Vice-Chair, and Secretary. Section 3. Determination of Officers Chair. The Chair shall be the head of the CDRE and shall preside at the meetings of the membership and the Board of Directore. The Chair, with the advice and counsel of the Vice-Chair, and the Secretary, shall determine the need for an ad- hoc committee subject to the approval of the Board of Directors a~ shall select all ad-hoc committee chairs and assist in the selection of ad-hoc committee personnel. The Chair shall serve as the chair of the Executive Committee. With approval of the Board of Directore, the Chair shall sign all insthJmente. b. Vice-Chair. The Vice-Chair shall serve as the first assistant to the Chair of the CDRE performing the duties of the Chair when the Chair is absent. c. Secretar~:TheSecretarysha~eerveasthed~cumentarianf~rtheCDRE~whichinc~udessendingn~cati~nsandpreparing minutes. The Secretary may, as appropriate, enlist the assistance of govemmantal or non<jovemmental agencies. Section 4. Executive Committee The Executive Committee shall consist of the Chair, Vice-Chair and Secretary. The Executive Committee shall act for the Board of Directors between regular meetings of the Board or in the absence of a quorum, thereof, except with respect to Article VIII, Section 1. Section 5. Removal of Officers Any officer may be removed by a ~o-thirds (2/3) majodty vote of the Board of Directors for failure to perform d~es as required herein. Section 6. Filtinq a Vacancy In the event that a vacancy is mated by ramoval, terrnination, or death, it shall be filled by nominations by the Board of Directors and majority vote of the Directors. ARTICLE VI - COMMITTEES Section 1. ADdointment and Authority Comm~ees shall elect chairs annually, within thirty (30) days after the Annual Meeting. It shall be the function of the committees to make investigation, conduct studies and hearings, make recommendations to the Board of Directors and to carry on such activities as may be delegated to them by the Board. The Chair (or his/her agent) shall be an ex-officio member of all committees, unless otherwise provided. Committee meetings may be called at any lime by the Executive Committee or by the committee chair. Section 2. Limitation of Authority No committee shall take or make public any formal acton, or make public any resolution. or in any way commit the CORE on a question of policy without first receiving approval of the Board of Directors. Special committees shall be discharged by the Chair when their work has been completed and their reports accepted, or when, in the opinion of the Board of Directors, it is deemed wise to discontinue the committee. ARTICLE VII o PARLIAMENTARY PROCEDURES Section 1. Authority. The proceedings of the CORE shall be governed by and conducted according to Robert's Rules of Order as revised. The Parliamentarian of the Board of Directors shall be the Chair (or a designee). Section 2. Seal The CDRE shell have no seal. ARTICLE Vlit. AMENDMENTS Section 1. Revisions These bylaws may be amended or altered by: 1. three-quarters (3/4) vote of the full Board of Directors or, 2. by a two-thirds (2/3) vote of members present at any regular or spedal meeting of the CDRE called for that purpose, provided 30 day notice has been given to the entire membership. Revised on g118/95 Adopted by CDRE on Melody Rockwell, Associate Planner of Iowa City City of Iowa City 410 East Washington Street Iowa City, IA 52240 September 22, 1995 RE: Draft Sensitive Areas Ordinance Environmental Advocates thanks the City's Urban Planning Staff and the Sensitive Areas Ordinance Commiuee for their efforts in drafting the Sensitive Areas Ordinance. It shows a true commitment by the City for intelligent and environmentally sensitive development. We generally support the draft. However, we do feel that, as written, it may compromise too much to development's interests by allowing for compensatory mitigation, minimal buffer requirements, and reduction of buffer requirements under rather vague and unwarranted conditions. Also, the 100-year floodplain should be included as a sensitive area in the ordinance, even though regulations pertaining to development in the floodplains is already covered under the City's Floodplain Management Ordinance. We offer the following suggestions for improving the ordinance so that it better meets its intended objectives as listed in Section 14-6K- 1 :A (page 1 ): 1) We recommend that the 100-year floodplain should be listed as a sensitive area under Section B. 1.a. (page 1 ) and should be included as an additional section (Section I Floodplains:, between H. Stream Con'idors and J. Steep Slopes). Under this new section, the reader of the ordinance can be directed to the City's Hoodplain Management Ordinance for deLalls. This addition will not add substantially to the length of the ordinance and will at least recognize the floodplain as a sensitive area, which everyone agrees it is. 2) Condition la on page 10, which reduces buffer requirements for wetlands that are less than 5 acres, is scientifically unjustified and should be removed. As Klaus Richter, wetland ecologist, states, "It's not the size of the wetlands, but their location and use in the landscape that is critical." Smaller wetlands may require as much if not more protection because :hey have less capacity to absorb pollutants carried by runoff (Northcurt, 1995). 3) We do not support compensatory mitigation of wetlands and recommend that it be removed under Section 4. "Wetland Mitigation" on page 12. Rarely do these reconstructed wetlands resemble the original ones that are destroyed. Assurances that they are constructed properly requires years of costly monitoring and studies that are usually not carried out by the developer. 4) Section 3.b.4. on page 11 should state that the City "will consider" not that it "may consider the following." 5) There should be a rational basis for the stream corridor buffer requirements given in Section 4a., page 15. For example, the U.S. Fish and Wildlife Service recommends a buffer width that is two to five times the width of the stream channel or a minimum of 50 feet based on their studies of wildlife needs (Firehock and Doherty, 1995). A study recently conducted by the Smithsonian Institute for buffer requirements between agricultural land and the Chesapeake River and Bay found that a minimum buffer of 60 feet is required to protect the Bay from phosphorous and nitrogen loadings carried by stormwater ranoff (phone conversation with Tom Murdech of Adopt-a-Stream Foundation). Perhaps these buffer requirements or something based on other scientific studies should be used. We realize that determining the exact width of a buffer that is effective in protecting the physical and biological integrity of the adjacent sensitive area is difficult and is not an exact science, but studies have established what are considered to be minimum requirements. Buffer widths based on these minimum requirements should be used instead of the less substantial requirements given in the Draft. 6) The conditions given for reducing stream corridor buffer requirements are unclear as stated in Section 4.b. (page 15) and we recommend that they be clarified, if not removed completely. Why would buffer requirements be reduced if "significant vegetative cover" is not present? Benefits of a buffer could still be realized even without "native trees or prairie remnants." They would still offer some protection to the stream corridor from conventional landscaping in which lawn chemicals are used. If reductions in buffer requirements must be allowed then "significant existing vegetative cover" (Section 4.b. 1 .a., page 15) and "enhanced vegetative cover" (Item 4.b. 1 .c., page 16) should either be defined in the Definitions section or refer to some supporting City Manual where they are defined. Also, Section 4.c. on page 16 should state that the City "will consider" not that it "may consider the following." cc: City Council 'Board Members, Environmental Advocates Reference Northcutt, G., "Working Under Water," Erosion Control, March/April 1995, pp. 49-61. PRESS RELEASE SEPTEMBER 26, 1995 Sergeant James F. Linn of the Iowa City Police Department was elected President of the 94th Administrative Officers Course at the Southern Police Institute of the University of Louisville. The Southern Police Institute is recognized as one of the premier training academies for law enforcement executives in ~e United States. Sergeant - Llnn will be the fifth member of the iowa City Police Department to have completed ~is training when he graduates on November t7, 1995. The Southern Police Institute provides a vigorous academic environment for police supervisors/administrators which focuses on current management and policy issues in law enforcement. ~B:lS~M I.e. PRESS CITI2]~ P.1/1 Press-Citizen 1725 N. Daigc St, RO. Box 2~80 · I~a Ci~, IA 52244 · 31~337-3181 NEWS RELEASE For release Monday, PRESS-CITIZI~ SPONSORS CANDIDATES FORUM The Io~u C~ Press-C/uz~ is sp onso~ng a forum for candidates v,~ntng for the Ic~a City Countft. The fonnn ~ be from 7 to 9 p,m. Tuesday, Oct. 3, in the Alrium of the First Nalio~al Bank, 204 E. Washington St h is free and open to the public. The Government Channel, Cable Channel 4, will broadcast the event live. All candidates who have ~ed fo~ the four open council seals have been iuvited. Each candidate will be allowed a btid opening siatement foilowed by questions from representativeS of area print medt~ At the end of the evenin~ each candidate wll be allowed a short closing sta~ment The session w01 be moderated by Kathy Penn. qn~oth of the Johllson Coltory ~e of Women Voters. A p~ogrsm with biographical information about each candidate wR! be provided for those attending. Anyone with questions about the forore should conlact Dan Brown, Marketing Services Director, or Sum Gage, city editor, at the Press-C/az~, 33%3181. To: IO~ CITY CL[RK From: jo hogarty 9-H-95 8:49am p. 2 or 3 John..~n Cutrely Charl~s D. Duffy, Chairperson Joe Bolkcom Styhen P. Lacina Don Sehr Sally Stutsrnan BOARD OF SUPERVISORS September 28, 1995 FORI~zAL MEETING 1. Call to order 9:00 ~m. Agenda 2. Actionre: claims Action re: informal minutes of September 19th recessed to September 2 1 st and the foi:mal minutes of September 2 1 st. 4. Action re: payroll authorizations 5. Business from the County Auditor. a) Action re: perinits b) Action re: reports 1. Clerk's August monthly report. c) Other 6. Business from the County Attorney. a) Reportre: otheritem. 913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356-6000 FAX: (319) 356-6086 to; I0~I CITY CLERI( Agenda 9-28-95 Page 2 7, Business ~rom the Board of Supervisors. a) Motion to distribute initial budget memo to department heads and to outside agencies. b) Action re: Equipment Maintenance Agreement for the phone system and county administration building. c) Action re: Decategorization it. An additional $28,696.00 has been allocated for the purpose of fiatcling a Social Worker II position to provide Community Outreach Services for family resource centers. d) Action re: Medicaid Home and Community Based Payment Agreement (HCBS waivers) for client # 1483658F. e) Action re: Proclamation in honor of Dale Shires. f) Other 8. Adjoum to hformal meeting. a) Inquiries, and reports ~'om the public b) Reports and inquixes fxom the members of the Board of Supervisors. c) Report fi'om the County Attorney. 9. Adjournment City of Iowa City MEMORANDUM Date: To: From: Re: September 29, 1995 Steve Atkins, City Manager Rick Fosse. City Engineer Melrose Avneue Bridge On the direction of Council, an investigation was made to determine the minimum width the Melrose Avenue bridge could be reconstructed while maintaining one lane of traffic in each direction. The minimum width is 40 feet. Attached are two tables summarizing the findings including associated costs. The additional cost of keeping the bridge open under any two-way option is well justified by the length of the detour. A complete report of the investigation is available in my office. cc: Chuck Schmadeke Denny Gannon I~IELROSE AVENUE BRIDGE City of Iowa City September 1995 TABLE A Cost and time comparison of staging construction. STAGING TRAFFIC CONSTRUCTION COST TIME TO CONSTRUCT 1 Stage Closed $775,000 7 mo. 2 Stage Pedestrians and $875,000 one lane vehicle 9 too. 3 Stage Pedestrians and $925,000 two lane vehicle 10 too. Construction cost based on 47' roadway (bridge only). TABLE B Minimum roadway widths for maintaining 2 way traffic on bridge. ROADWAY WIDTH ADDITIONAL COST 47' $0 44' to 47' $30,000 (3%) 40'to44' $90,000 (10%) September 26, 1995 City Council Members City of Iowa City Civic Center Iowa City, Iowa 52240 RE: Subsidized/Affordable Housing Acquisitions Dear Council Members: The Miller/Orchard Neighborhood Association is working at getting "back on its feet," with the assistance of Marcia Klingaman, the City Neighborhood Services Coordinator. Doing this had lead to the formation of a Douglass Street/Douglass Court Subcommittee, in order to open up lines of communication with the appropriate individuals to work towards resolving the issues and conflicts that have risen due to the presence of some of the affordable/subsidized housing units located in this direct neighborhood. We don't wish to give the impression that it has been a totally negative experience, as we do understand the need for affordable/subsidized housing. We have/had people who have been very good neighbors living in a couple of these homes, but this has unfortunately been overshadowed by the fact that there has been more negatives than positives in the past couple of years. The ultimate goal is for this area to once again be a safe and harmonious neighborhood. What the Miller/Orchard Neighborhood Association respectfully requests of the City Council, or any other organization and/or fellowship, is that the no more acquisitions and/or purchases of affordable/subsidized housing units be made in the Douglass Street and Douglass Court area. This request is based on the following: 1) The Douglass Street/Douglass Court area has experienced many problems with the subsidized housing units in their neighborhood for sometime now. (As previously stated, efforts are being made to resolve these issues and conflicts.) 2) There are 5 units, which comprises 10% of the housing in this specific area (50 units total). a) Three (3) of the units are owned by the Greater Iowa City Housing Fellowship, but one (1) is being managed by HACAP; b) Two (2) houses are directly owned by the City of Iowa City. Thank you for your attention to this request. Sincerely, ~r/Orehard Neighborhood Association e/o Suzanne M.S. Erenberger, Contact Person 204 Douglass Court Iowa City, Iowa co: Doug Boothroy, Director of Housing and Inspection Services Department Marcia Kltngaman, Neighboorhood Services Coordinator Steven Atkins, City Manager Tammi Fisher, Director, Johnson County HACAP Mary Ann Dennis, Greater Iowa City Housing Fellowship SECTION 8 ASSISTANCE PROGRAMS COMPARISON OF CERTIFICATES AND HOUSING VOUCHERS SECTION 8 CERTIFICATES TENANT RENT Tenant pays no more than 30% of their monthly adjusted income for rent and utility allowance. UNIT RENT The unit cannot rent for more than the rent limits established by the HUD (FMR). RENT INCREASES The landlord can request a rent increase annually, but it cannot exceed the amount allowed by HUD (annual adjustment factors). SHOPPING INCENTIVE Not applicable to Certificates. ASSISTANCE OWNERSHIP Certificate stays with family. PORTABILITY Within the State of Iowa. HOUSING VOUCHERS Tenant pays the difference between the subsidy amount (payment standard) and the actual rent. The unit can rent for any amount the landlord wishes to charge and the tenant is willing to pay. The landlord can increase the rent annually to any amount they wish. The tenant pays the increased rent or can move. If the unit rents below payment standard, the family may pay less than 30% income, or more if rent is higher. Voucher stays with family. Current Voucher holder may decide to use Voucher in another state under portability procedures if less than 15% of Vouchers are in use for this. Voucher may go within the State of Iowa. hisasst~cornpare, cht HOUSING AFFORDABILITY MAXIMUM HOUSING EXPENSES A FOUR PERSON FAMII .Y CAN AFFORD (PAYING NO MORE THAN 30°,4 OF GROSS INCOME FOR HOUSING COSTS) Percent of Median Income 30 Annual Gross Income $14,100 Maximum Monthly Housing Costs $353 50 $ 23,500 $588 80 $ 37,600 $940 AVERAGE IOWA CITY MARKET RENT 2 BEDROOM APARTMENT $ 599 3 BEDROOM APARTMENT $ 781 HOMEOWNERSHIP OPPORTUNITIES Percent of Median Income 30 * 50 80 Maximum Affordable Home Price $ 47,000 $ 87,000 * Conventional homeownership not feasible for this income group. NUMBER AND MARKET SHARE OF IOWA CITY HOMES SOLD IN THESE PRICE RANGES FROM JANUARY I, 1995 THROUGH JUNE 30, 1995. Under $47,000 4 $47,000 - $87,000 56 (18.42%) $87,000 - $125,000 Over $125,000 133 (43.75%) 111 (36.51%) IOWA CITY Rental HansJug Assistance to Low Income Households A. Housiil$ A~ists.ce Provided DirectAy fly the City 1. Public Housing 92 Units (plus 33 units under construction) 2. Section 8 Certificates and Vouchers 663 Units (includes: V'dla Gardea Apts. :35 Pheasmu Ridge 7 GICI~ Units 18 Citizen Bldg. 15) B. HousingProvided by 0the' Organizations Hawkeye Area Community A~ion Prolixam 10 Units tf~la Garden Apartments 13 Units Pheasant Ridge 241 Units Cedar Wood 63 Units Ec~waenical Towers* 81 Units Capitol House* 81 'Units Antunto Park* 64 Units Citizen Building* 3 Units * Elderly and persons with disabilities only. Housing assistance for other special needs populations is not included. TOTAL HOUSEHOLDS RECEIVING RENTAL ASSISTANCE 1,311 3o 7 1994 CDBG Grantee Performance Report CITY OF I0 WA CITY Iowa City Metro Entitlement Community Development Block Grant September 1995 Department of Housing & Urban Development COVER PAGE Office of Community Planning Grantee Performance Report Community Development Block Grant Program OMBApproval No. 2502-0006(exp. 3/31/93) el. PROGRAM YEAR END 2. GRA~T NUMBER 05/30/95 B94MC190009 3. NAME & ADDRESS OF GRANTEE 4. NAME & ADDRESS OF C. D. DIRECTOR City of Iowa City Ms. Marianne Milkman 410 East Washing%on Iowa City Civic Center Civic Center Building 410 East Washington Iowa City, IA 52240-1826 Iowa city, IA 52240-1826 5. NAM~ AND TELEPHONE NUMBER OF PERSON MOST FAMILIAR WITH INFORMATION IN THIS REPORT Stephen Long (319)356-5250 5. NAME AND TELEPHONE NUMBER OF PERSON TO CONTACT ABOUT DISCLOSURES REQUIRED BY THE HUD REFORM ACT OF 1989 Marianne Milkman (319)356-5244 7. Have these Community Development Block Grant (CDBG) funds been used= to meet the community development program objectives in the final statement for this program year? If no, explain, in narrative attachment, how= (1) the uses did not relate to program objectives; and (2) future activities or program objectives might change as a result of this year's experiences. Yes be exclusively to either benefit low-and-moderate (loW/mod) income persons, aid in the prevention or elimination of slums or blight, or meet Community development needs having a particular urgency? If no, explain in a narrative attachment. Yes c. such that the grantee has complied with, or will comply with, its certification to expend not less than 70% of its CDBG funds, during the specified period, on activities which benefit low/mod income persons? If no, explain in a narrative attachment. Yes 8. Were citizen comments about this report and/or the CDBG program received? If yes, attach a Bummary. Yes 9. Indicate how the Grantee Performance Report was made available to the public= a. BY PRINTED NOTICE (name & date) See Attached b. BY PUBLIC REARING (place & date) See Attached c. OTHER 10. The following forms must be completed and attached= a. Activity SununazT, form HUD 4949.2 d. 1-4-1 Replacement,form HUD 4949.4 b. Activity Summary, form HUD 4949.2a e. Rehabilitation, form HUD 4949.5 C. Financial Suremary, form HUD 4949.3 f. Displacement,formHUD 4949.6 This form may be reproduced form HUD-4949.1(11/20/92) on office copiers ref Handbook 6510.2 Previous editions are obsolete Retain this record for 3 years. Run Time= 15=49=50 page I of 27 Run Date= 09/25/95 Department of Housing & Urban Development COVER PAGE Office of Community Planning Grantee Performance Report Community Development Block Grant Program OMB Approval No. 2502o0006(exp. 3/31/93) I hereby certify thati This report contains all required items identified above; Federal assistance made available under the Community Development Block Grant Program (CDGB) has not been utilized to reduce substantially the amount of local financial support for community development activities below the level of such support prior to the start of the most recently completed CD~G program year~ all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning~ HUD will prosecute false claims and statements. Convictice may result in criminal end/or civil penalties. (18U.S.C.1001,1010,10121U.S.C.3729,3802) Typed Name & Title Of Authori=ed Signature Date This form may be reproduced form HUD-4949.1(11/20/92) on office copiers ref Handbook 6510.2 Previous editions are obsolete Retain this record for 3 years. Run Timel 15~49~50 page 2 of 27 Run Date~ 09/25/95 COVER PAGE U.S. Department of Housing and Urban Development Grantee Performance Report Office of COmmunity Planning & Development Cordunity Development Block Program OMB Approval No. 2502-0006(Exp. 3/31/93) 8. CITIZEN COMMENTSZ 'Citizen comments made at the public hearing, held on September 21, 1995, included the following, A question asking which of the rehabilitation programs assist manufactured homes. A question asking why the Burns/Greater Iowa city Housing Fellowship end the Neighborhood Centers of Johnson County projects were not completed before the end of the grant year. A question asking how the unexpended funds were allocated. No written comments were received by the Community Development Division. 98. PRINTED NOTICEz Published in the Iowa City Press-Citizen on September 14, 1995. The GPR was available for public review at the Department of Planning and Community Development office in the Civic Center during business hours. 9b. PUBLIC HE~RINGz The Housing and Community Development Commission (HCDC) held a Public Hearing on September 21, 1995 at the Johnson County/Iowa City Senior Center. This form may be reproduced form HUD-4949.1(11/20/92) on office copiers ref Handbook 6510.2 Previous editions are obsolete Retain this record for 3 years. Run Date~ 09/25/95 page 3 Of 27 Run Time~ 15z49~51 Iowa City , Press Citizen OFFICIAl*PUBLICATION /tOTiCE OF REPORT AVAILABIUTY AND OPPORTUNF('y FOR COMMENT 3178 AGENDA HOUSING AND COMMUNITY DEVELOPMENT COMMISSION Senior Center, Lower Level Classroom Thursday, September 21, 1995 at 7:00 p.m. 7:00 PM 7:10 PM 7:15 PM 7:20 PM 7:25 PM 7:50 PM 8:05 PM 8:30 PM 8:45 PM 9:00 PM Call To Order and Introduction of Members (Temporary Chair Linda Murray) Approval of the CCN Minutes from August 24, 1995 (Former CCN Members Only) Election of Chair and Vice-Chair Public Discussion of Any Item Not on the Agenda Setting a Regular Meeting Date and Time General Duties of Commission (Milkman) Conflict of Interest Issues Housing Rehab Review Board Brief Overview of Community Dev. and Asst. Housing Activities (Milkman\Boothroy) Amendment to the July 1994 Supplemental CDBG Budget (Nasby) Review of the 1994 CDBG Program Year Grantee Performance Report Milkman) Discussion and Selection of Information Session Topics for the Upcoming Year Adjourn PLEASE NOTE LOCATION TIME. IF YOU ARE UNABLE TO ATTEND PLEASE CONTACT STEVEN NASBY AT 356-5248 AS SOON AS POSSIBLE. S~miry of Activities Grantee Performance Report CofmLmtty DevetoFment 8Loc~ Grant Program Name of Grantee: Grant ~3umber: Period Coverod: City of IoNa City BgIe,qC190009 Frc~a: 07/01/9~, To: 06/$0/95 Activity Init Obj Act Expended No. Act. Name, Oesc.,& Location Fund Code Code Accom~tish~ents/Status Budgeted Period a I b I c I dl el f I " h 9~010 01 - Acctuisttion of Rear Property G7/9~, IJ4H UNI) ACCOMPLISHMENTS: 151500.00 0.00 REGULATION CITATION: 570.201(a) GUO G]CNF and Burns ere pursuing t~ncl purchases, SIJBR but have had dtfffcutty securing PROJECT NA~: suitabiy*zo~od tend. GICHF/Burns Affordable Rentat Units RESPONSIBLE AGENCY: Greater Zo~a city Housing Fetto~hip/Burns SUaREClPIENT: Private ACTIVITY DESCRIPTION: Purchase of ZO acres in ioua City tehich uiit be utilized for the constructtor~ of 19 affordabte multi-family rentat housing units for persons up to 60X eree median tnc~e and 191 market rate units avatiabie to art incGme ievets. ACTIVITY LOCATION: Confidential 9~0:50 03 - Pubtic Facilities end Improvements 07/94 U4C COI4P ACCOHPLISHI~NTS: 8500.00 8Z';$6.00 (Generat) SUaR GICHF ptaced tendsraping around eight units REGULATION CITATION: 570.201{c) of affordable rentat dup ex homing in the ghispertng Neadous Subdivision. PROJECT NAME: GICHF - Landscaping RESPONSIBLE AGENCY: Greater io~da City Housing Fe3. ioushfp (GICHF) CUBRECIPIENT: PriVate ACTIVITY DESCRIPTION: Landscaping around eight units of affordable rental dupEex housing buitt in IJhtspering iqeado~s, in order to confom ,~i~h existing horns in the neighborhood. ACTIVITY LOCATION: t~tspering Hem Subdivision Conerioter Court loua City~ IA 522.40 PAGE TOTALS: I 160000.00 I 8236.00 form HUD-4949.Z (11/24/92) Run Oate: 09/25195 ref. Handbook 6510.2 Page 4 of 27 Run Tim: 15:49:52 Su.xery of Activities (;rantee Performance Report Cmumunity Developuent BLock Grant Program Name of Grantee: Gf,ant NLmber: Parted Covered: City of iDLe City Bg/,NC19000~ Fn~: 07101191, To: 06/30/9~ Activity Init Obj Act Experded No, Act, Name, Disc,, & Location Fund Code Ccxie Acccx~ptlshm~nts/Stetus Budgeted Period a I " I o I ul el f I 9 I h ~o I I I I NLInber of Households/Persons Directly Assisted In Column i Hshtds/ end not not Indian/ AsiDn/ Female Assisted Income ! i ~ispanic r i I j Ik I t I · I " I o I P Iq I " ~1 sl 81 ~1 41 OI Ol OI 9~0]5 OS - Public F~cliitles a~d lq~ts 07/~ (GefieraI) RE~LATt~ CITAT]~: 5~.201(c) PROJE~ P~tiC H~t~ ~thority Lmapi~ RES~NSTBLE AGENt: ]~a City P~tic H~t~ Authority ~REC[P[ENT: P~[ic ACT[VITV Planrings ~ s~ for 33 ~Hc ~its in the ~is~rt~ Ne~ S~ivist~ in or~r to att~ ~e t~-i~ ~tts to "bt~" into the ~igh~rh~. ACTIVITY Scatter~ tots tn ~is~rfng Hem S~lvfsi~ IJ4C UND HUD SUBR 94020 038 - Handicapped Centers 07194 LHC COHP REGULATION CITATION: 570.201(c) GUBR PROJECT NAHE: GoodwiLL Rehab Phase V ACCONPL I SHNENTS: The ,~3 public houstn~ units Rare not completed before the end of the fiscal year, the h~mes ere expected to be ready for landscapin9 in August l~gS. ACCONPL1SHHENTS: Renovation of former Goodwill retail store into offices, classrooms and en isststive technology center. Renovation of cafeteria and accessibility improvements to the outside door ~ere also coq~ieted, 33500.00 51000.00 0.00 RESPONSIBLE AGENCY: PAGE TOTALS: I 8/,500,00 ] 5070/,,00 form I.U)-49&9,2 (11/24/~2) Run Date: (Y)/25195 ref, Handbook 6510,2 Page 5 of 27 Run Time: 15:49:53 SLymary of Activities Grantee Performance Report Community Oevetof~ent Block Grant Program Name of Grantee: Grant ND~ber: Period Covered: City of Io~a City 89z, NC190009 From: 07/01/9t, To: 06/50/95 Activity Init Obj Act I Er. pended No. Act. Name, Desc., & Location Fund Code Code Acco~piishmentslStetus Budgeted ~ Period a I b I c 9/e020 6ooc~tit Industries of SE loue SUERECIPIENT: Private ACTIVITY DESCRIPTION: · sstst Gooc~t U l~"=_trtes to improve 8ccessibittty, upJrade its eststir~ facttitles, and provide en assistire teshnotogy center for 80-100 handicapped citehis annuatiy, ACTIVITY LOCATION: 1/,10 S, 1st Avenue Io~a City, IA 522/.0 9~1~.5 03C - Home i ass Fac i I i t i es 0719~ REGULATION CITATION: 5T0.201(c) PROJECT NAHE: DVIP Cht ldrenes Area RESPONSIBLE AGENCY: Domestic Violence Intervention Program (DVIP) SUBRECIPIENT: Private ACTIVITY DESCRIPTION: Finish construction of the io~er lever at DVIP~S neti fBcittty, This area wiLL be used for chHdren~s programs and domestic violence cotmsetiog. CANC HONL SUB. R ACCOHPLISHHENTS: Project canoeled, DVIP reBpplyed for FY96 COBG funds to complete the entire toilet ievet. 1SSO0.O0 0.00 PAGE TOTALS: I 15500.00 I 0.00 form HU0-/.9/.9,2 (1112/./92) Run Date: 09/25195 ref. Handbook 6510.2 Page 6 of 27 Ron Time= 15:49=5t, S4;mary of Activities Grantee Performance Report C~ity Devetopment Brock Grant Program Name of Grantee: Grant Umber: Period Coverod: City of [o~a City Activity Intt Obj Act Ex.pefZ~d. No. Act. Name, Oesc., &Location Fund Code Code Acceepitshments/Stetus Sudgetod Period ...... : ........! ......................., ........................!...:...!...."..!...:..! ......................f .........................! ......... .....! ......., ..... ~025 ACTIVITY LOCATION: Confidential 9/,015 03E - Netghbodtoed Facilities 07/~ LHC UND REGULATION CITATION: 570,201(c) SUBR PROJECT NAHE: Pheasant Ridge Neighborhood C~ter RESPONSIBLE AGENCY: Neighborhood Centers of Johr~on County SUBRECIPIENT: Private ACTIVITY DESCRIPTION: Cortstructian of · facility to be used as e Neighborhood Center for the Pheasant Ridge Neighborhood, ACTIVITY LOCATION: Pheasant Ridge Apartments 2626 Barrett Road %oMa City, IA 522t~> O~;Q - ANted and Neglected Childtel Facititie REGULATION CITATION: 570.201(c} PROJECT NA)E: Youth H~eaes - Exterfor Repair RESPOMSIBLE AGENCY: YOuth HG~eSo inc. SUSREC%P[EMT: Private ACTIVITYDESCRIPTiON: Ned vinyl siding, Nire:x~y,,; reptaceeent, and concrete uork at the fectttty that houses the youth shatter and staff offices on Materfront Drive, ACTIVITY LOCATEOM: 1916 Materfront Drive 071% LNC C(3NP HONL ACCCNPLISIB4ENTS: The Neighborhood Centers of Johnson County is constructing a 8000 sf fectttty to be used as a neighborhood center for the Pheasant Ridge Neighborhood. The projest was delayed due to a zoning issue which has since been resotved. Prettmtnery architecture Nork has been coyoteted, the contract has been awarded and construction wilt begin in October 1~5, ACCOHPLISHHENTS: Exterior work to include new vinyl siding, 29 windoas and c~rete ~r~{~ area at the Y~th H~ gaterfr~t Orf~ f~itity, 151000.00 61000. O0 28216.00 fom HU0-4949.2 (11/24/92) RmOate: 09/25/95 ref. Handbook 6510.2 Page 7 of 27 Run Tim: 15:49:55 S~ary of Activities Grantee Performance Report Cu~m~,lity Devetopment Block Grant Program Name of Grantee: Grant Ntm~er: Period covered: City of iowa Cit~ B94t4C190009 Fr~zr 0;r101/94, To= 061~tOI9S I I°"'1""1 I I Activity tntt Obj Act Expended No, ACt, R&~tee Desc,,& Location Fund Code Code Accomplishments/Status Budgeted Period a I b I c I dl el f e I h 9~050 Nui]~ber of Households/Persons Directly Assisted In Cotutah Hshids/ and not not Indian/ Asien/ Fes6ate Assisted income ! Hispanic r i I j Ik I ' I m I n I a I p Iq p 19~ I lg~ I ~9~ I 155I 19 I s I lz I z I 0 05A - Senior Services 07/9/, LMC COt4p REGULATION CITATIOn: 570.201(e) S~8R PROJECT NAME: ESA-Operatio~at Aid to Agencies RESPONSIBLE AGENCY: aidarty Services Agency SUBRECIPIENT: Private ACTIVITY DESCRIPTION: ~SA operattofiat funding to provide assistance to senior~ (aged 62 and over). ACTIVITV LOCATION; ESA assists se~tors living City-wide ACCOHPLISHNENTS: ESA assisted 1375 etderty persons through Chore Servicese Smat i Repair Program, Shared Housing, Retired Senior Volunteer Program, Case Management, Information & Referrat, and Outreach. 51116.00 51116.00 PAGE TOTALS: I 51116.00 I 51116,00 form HL10-~9~9.2 (11/2~/92) Run Date: 09/25195 ref. Handbook 6510.2 Page 8 of Z? RUn Time: 15:~9=56 Statuary of Activities Grantee Performance Report Caccmunlty Development Block Grant Program N&me of Grantee: Grant Number: Period Coverod: · City of Ioua City 89/,HC190009 From: 07/01/9/, To: 06/~0195 t Act. Name, Desc., & Location ' AccoRotlshments/Stetus Budgeted a I b I e I dl el f g I h 9~OSO I I I I 944Y,7 Nuzter of Househotcls/Persar~ Directly Assisted In CoLurn t I Hshlds/ 8rid not not Indian/ Asian/ Female I Assisted income Hispanic r i I j I~ I t I · I n I o } p Iq ~ ~sTs 1,6~ I eo~ I ~s~ I ~s I o I e I ' I o I 05C ~ HunelL-as Services REGULATION CITATION: 5rO.201(e) PROJECT MARE; Transitional Ha.~tr~J RESR3NSIBLE AGENCY: Hiltcrest Family Services SUBRECIPIENT: Private ACTIVITY DESCRIPTION: Operetiorel costs for the -Places- transitional housing program. ACTIVITY LOCATION: Cit'y~ide 0719~ LHC CANC HONL SUBR 050 - Youth Services 07/94 LNC COHP REGULATION CITATION: 5713.201(e) SUBR ACCO~PLISINENTS: HilLcrest did not receive the supportive HoLtSing HUO Grentt therefore operational costs ~erenot needed, PROJECT NANE: NYEP - "Me Deliver" - Youth Stipends RESPO)ISIBLE AGENCY: Nayor's Youth EmpLoyment Program ACCClCPLISHHENTG: NYEP revided pre-emptoyment training and job s~itts to 27youth through the '~E DELIVER" progrin, Art functions ere unclertakanby tow-income, disadvantaged youth. The youth sre provided s stipe¢xl uhile they are in training. SUBRECIPIENT: Prfvste 17330.00 0.00 16250.00 16102,00 PAGE TOTALS: ~ ~550.00 I 16102.00 form H~D-49/,9.2 (11724/92) RtalOate: 09/25195 Per. Hanc~k 6510.2 Page 9 of 27 Run Time: 15:~9:57 Summary of Activities Grantee Perf~nmance Report Ccmamunity Development BLock ~rant Program Name of Grantee: ~rent N~mtoer: Period Covered: City of io~aa City E94HC190009 From: 0710119~ To: I)51.lOIci5 Activity lntl: bj Act Expended No. Act. Name, Desc., & Location Fund ~ Cocle Accomptisrd~nts/Statt~s Budgeted Period ' I b I c I dl el f I " I h 9/,0/,5 ACTIVIT*t DE;IPTION: Provide pre-e~pLoyment training and teach job skiLLs to youth, particular'/skiLls in order to become seLf-supporting or to start up e smaLL business. ACTIVITY L~T[): City-wide Nuaber of HousehoLds/Persons Directly Assisted In Colunn Hshtds/ and not not Indian/ Astan/ eraaLe Assisted Income ! ispanic r i I i Ik I L I " I " I o I P I. I P 271 z61 ~1 ZSl il OI OI 01 OI 94052 05D - Youth Services 07194 LNC CONp REGULATION CITATION: 570.201(e) SUBR PROJECT NANE: UAY - OperationaL Aid to Agencies RESPONSIBLE AGENCY: United Action for Youth SUBRECIPIENT: Private ACTIVITY DESCRIPTION: Operational funding -- UAY provides services and c~itn9 for youth. ACTIVITY LOCATION: 422 [cua AverAje [o~a City, ACCC~PLISHHENTS: UAY provided services and counseling for 1684 teen peronts, families, juvenile delinquents, and parsons eho are substance abusers. 32125.00 32125.00 PAGE TOTALS: [ 32125.00 ] ~2125.00 form HUD-4949.2 Cl1124192) Run Date: 09/25/95 ref. Handbook 6510.2 PaSe 10 of 27 Run Tim: 15:49:58 Summary of Acf:ivities Grantee Performance Report Cemountty Develof~ent Block Greet Program Nere of Grantee: Grant Nu~aer: Period Covered: City of Io~a City B~NCI~O0~ Fro~: 07/01194 To: 061301.c~ Activity Init Obj Act E~e~"d NO. Act. Name, Desc., & L~cetfon Fund code Code Accompttshmenta/Status Budgeted Period · I " I = I Ul el f I e I h ............................................... ! ....... } ...... ! ...... ] ..... Number of HousehoLds/Persons DirectLy Assisted In Cotu~q t I HshLdsl and ~rt~g~tnci not Indian/ A~ie~/ Fernate Assisted [nco~ae iL Hispanic t I j Ik I i I m I n I o I pIq I p 1~ I ~ f s~ i 1~7 I 12oI 14 I zoo I 53 I o I 05F ~ Substance Abuse ServiCes RE(~LAT]ON CITATION: 570.201(e} PROJECT IdAHE: NECCA - Operationat Aid to Agencies RESPONSIBLE AGENCY: Nid-Eastern Council on Che~icat AINSe SUBRECIPIENT= Private ACTIVITY DESCRIPTION: Provide operationat funds for substance abuse cour~seling, ACTIVITY LOCATION: 430 Southgate Avenue loud City, [A 07/~ LHC CCNP SUBR ACCO~L[SHHENTS: NECCA provided services to 1,971 individuals ~ho ~ere in need of comprehensive substance abuse prevention and treatment programs. They also provided tndividuattzed treatment Lens for parsons tn tredttiormL outpatient, ntensive outpatient treatment, day reatme~t, hetfway ho~se, and residential srvtces. 22091.00 22091 PAGE TOTALS: I 2ZD91.00 I 22091.00 form IIUD-4949.2 (11/2t,/92) Ru~ Date: ref. Handbx}k 6510.2 Page 11 of 27 Run Time: 15:49:59 S~mary of Activities Grantee Performance Report C~muntty Development Brock Grant program Na~e of Grantee: Grant limber: Period Covened: City of loNa City Bg/,HC190009 From: 07101194 To: Q6/301~5 Activity lni= Obj Act Expanded NO, Act, Name, Desco, & Location Fund Co~e Cod~ Accomplfsh~entslStetus Budgeted Period a I b I c I dl al f I g I h ~0~ I I I Number of Households/Persons Directly Assisted in Coturn Hshids/ and nc;t not Indian/ Asim'J Fernate Assisted income I Hispanic r I I j Ik I t I ; I n I a I P Iq p 1971 i 14r9 I 1178 I 1a$2I 58 I 5 I 58 I 9~0~0 051C - Tenant/Landlord Counseting 07/9t, REGULATION CITA11ON: 570o201(e) PROJECT NAHE: L%FE Skitts Housing Support Program RESPONSIBLE AGENCY: LIFE SkitIs SLIBREC[PiEMT: Private ACTIV/TY DESCRIPTION: Assist low-income ctfeets with finding housing end staying in housing. Provide education in the area of responsibte tonring ski|is such as budgeting, maintenance, safety and effective comountcation to tow-tnceme tenters, CONP HOHL SUBR ACTIVITY LOCATION: City-wide. ACCOMPLISHMENTS: LIFE Ski its assisted 61 househotds through the Housing Support Curricultaa program, This prngromhe~ps clients Locate housing and assists them with basic household skirts such as budgeting, housekeeptnge and neighbor retations, 16013.00 PAGE TOTALS: I 16060.00 I 16013.00 form Ht/0-49~9,2 (11/2~/92) Run Gate: 09/25/95 ref. Handbook 6510.2 Page 12 of 27 Run Time: 15:50:00 Summary of Activities Grantee Performance Report Community Oevetop~ent Brock Grant Progrsn Name of Grantee: Great N~mdoer: Period Coverod: City of Io~a City B9/,NC190009 Frc~a: 07/01/94 To: 06/30195 Act t vt ty I ni t Obj Act Expanded No. Act. liame, Desc., & Location Fund Code Code AccompLishments/Status Budgeted Period a I b I ' I ul el f I " I h 940~0 I I I I tirEabet of Househotds/Persmts Direcity Assisted in Cotutah t I Persons Nod H ' ' H c Assisted insaz~g, [ Hispanic r t I j Ik I t I " I " I o I P Iq I . 6~ I 6~ I 55 I 42I is I o I 2 I 2 I s~ I 08 - ReIoca~tea ? 194 LMH UNO REGULATION CITATION: 570.201(t) PROJECT NANE: Touncrest Retccation Project RESPONSIBLE AGENCY: City of ]o~a City/Eagle Foods ACTIVITY DESCRIPTION: Retocstiea assistance to homeo~ners tn the To~ncrest HobtEe H~e Park. Tenants had to move due to a Ixt/out of the park bye private company to build e grocery store. ACTIVITY LOCATiON: Huscattne Avenue and First avenue ACCONPL)SH~CENTS: Art but three households have moved out of the To~ncreet Hobits Home Park; households received assistance and 6 units ~ere abandoned. 10~S20.00 Number of HousehoLds/Persons Directly ASsisted in Co[tm~ t Persons Nod |L H' ' H 'c n Assisted income Hispanic r iljlkltl=l"lelPlql " ~1 ~61 581 551 41 el 21 51 ~31 I I I I PAGE TOTALS: I 13905t,.00 ~ 108~20.00 form NU0-4949.2 (11124/92) ReaDate: 09/25/95 ref. Handbook 6510.2 Page 13 of 27 Run Time: 15:50:00 S~amary of Activities Grantee Performance Report Cogt~untty Development Brock Grant Program Name of Grantee: Grant NL~ber: Perrod Covered: city of [oea City B9~C190009 From: 07/0119t, 1o: 06/30195 I 10"'1""11 I Activity init Obj Act No. Act. Name, Desc.,& Location Fund Code Cod~ Acccep[tshments/Stetus Budgeted a I b I c I dl el f I ; I h 9t,065 l~,R - SingEe-unit Residential 0719t, LHH CONo ACCOHPLISHNENTS: 32677/,.00 257593.00 REGULATION CITATION: 570.202 Rehabilitation projests this year: started coepteted PROJECT NAME: Co~p. Nehab 2 City of [o~a City - Housing Rehab Exterior Repair 7 10 Emergency R tr 16 RESPONSIBLE AGENCY: Nes. Accessie~iEtty 5 6 City of Io~a City Totat ~0 ACTIVZTT OESCRIPTION: ONner-occ~pted Housing Rehab Program to tnctucte comprehensive rehabitttatian, exterior repair, emergency, resfdentiet eccessibitity (rentat and o~ner-occupied) ACTIVITY LOCAT[ON: City-wide Number of Househotds/Peroons DirectLy Assisted %n CoLumn t NshLds/ and not not indian/ Asian/ Fernate Assisted Income i 0 r . so I so I zl I zr I z I o I o I ~ I zo [ 9/,055 II, A - Single-Unit Restdontiat 07/c~ LMH rOMP ACCONPL[SHNENTS: 18708.00 18708.00 REGULATION CITATION: 5713.202 bURR ESA assisted 56 eider{y and handicapped hcmeot~ners ,ith smart repairs to their PROJECT NAJE: homes. ESA Smit Repair Program RESPONSIBLE AGENCY: Etderiy Services Agency SUBRECIPIENT: Private ACTIVITY DESCRIPTION: Assist etderty or handicaptoed Iou-tncor~ hoeeo~ners with smaiL repairs and PAGE TOTALS: form HUO-IegI,9.2 (11/2t,/92) Nm Oate: 09125/95 ref. Handbook 6510.2 Page lt, of 27 RUn Tim: 15:50:01 Sumary of Activities Grun'cee Perfo~ Report Cormunity Develoi:ment Brock Grent Progran Name of Grentes: Grant Number: Period Covered: City of [o~a City B9tNNC190009 From: 07/01/9~ To: 06/30195 . Activity Injt Obj Act Expanded No. ACt. Nm, Desc.,& Locatio~ Fund Code Code Acccalotishments/Status Budgeted Period · .I b I c I d] el f . I h 9~055 modifications. ~ ~ ACTIVITy LOCATION: City-uide Number of Househotds/Persons DirectLy Assisted in Column Hshtds/ and not not lndien/ Asian/ FemaLe i Assisted Income I Hispan c r i I J Ik I t I " I n I o I P Iq I . 56 I S6 I S~ I SS I 2 I 0 I ~ I 0 I ~8 I 9/,095 14A - Singte-Unit Residentlet 0719~ LNH COHP REGULATION CITATION: 570.202 PROJECT RARE: fire Safety for Nanufactured Hares RESPONSIBLE AGENCY: City of Iowa City ACTIVITY DESCRIPTION: Purchase smoke detectors and fire extinguishers for manufactured homes ~t~ere there are serious fire hazards. ACTIVITY LOCATION: City-~ide ACCOMPLISHMENTS: The Fire Department and the Carryunity Oevetopae~t Division distributed 790 smoke detectors and 3/,1 fire extinguishers to 341 manufactured haees in Io~8 City, 11515.00 17515.00 PAGE TOTALS: ~ 1~515.00 I 17515.00 form HU0-4949.2 (11/24/92) Run Date: 09125195 ref. ~8n~oook 6510.~ Page 15 of 27 Run Time: 15:50:02 Summary of Activities Grantee PerfoPmance Report Com~unttT Devetolement BLock Grant Program ................................................................................................................................................ Grant NLm~er: Period Covered: City of [o~a City 894HC190009 ............ Frs: 07101194 To: 061~0195 I Date Nat I COgGlFunds Act. N~meo Desc.o & Location Accoq~ltsh~nts/Status Budgeted ~ ...... -" ........ ! ...................... -~ ........................ L,,: I d l e I f '1 D I h I 920062 14B - Mufti Unit Residential 07/92 LNH CONp REGULATION EITATION: 570.202 PROJECT NANE: Hutti-Untt Rehabtlitatian: Ranaids St. RESPONSIBLE AGENCY: City of lo,a City ACTIVITY DESCRIPTION: Assist in the rehabitttaitan of rue units. ACTIVITY LOCATION: 613 Ranaids Street Xow8 Citye ZA LO~/HO0 ~JLTIUNIT: 613 Ranaids Street UNITS AT START: 2 OCC. AT START: 2 (I LH) PROJECTED UNITS: 2 (2 LN) PROJECTED TOTAL COOT: S1046;' ACCOMPLXSHHENTS: TNo units ~,ere rehabilitated, one ouner-occupled and the other 8 rantat that is occupied by an LNI household. Project has been completed. COBG Funds $ 2,617 [oua Finance Authority $ re850 Totat Cost S 10, 467 !taxirun L/N benefit credit (S100/,67 X 100~ = S10o~67) CDRG previously credited = $ ~ CDBG credited this report = $ 2o106 Bat, avaitabie for L/H credit = $ 7°878 2106.00 2106,0D PAGE TOTALS: I 2106.00 ~ 2106.00 ref. Handbook 6510.2 Page 16 of 27 RUn Time: 15:50:03 ~i'y of Activities Grantee Performance Relxrt C~ty of Z~e City 89~C1~ F~: 07/01/9~ To: ~/~/~ Activity znit ~j Act E No. Act. N~, D~c., & L~ti~ F~ C~ C~ Acc~Li~ts/Stet~ ~e~ .o~ ...............................................~ .......~ ......] ......] ..... .o. 0. eshL~/ a~ not ~t 3~ta~ Asf~ F~te ~ist~ !m~ Hi~ic r i I j l~ I t I · I n I o I p Iq I " zl zl ~l ~0~ 1~ - A~tsiti~ - For R~itttatt~ 07~ LNH UNO ACIL[SH~NTS: ~0.~ Z~.~ RE~TZ~ CiTAT[OM: 5~.~02 T~ m~f~tur~ h~ that ~re ~efe ~or ~anlte~ 8~ r ir~ PR~E~ ~E; r~abi ~ f tat ~ ~ that e~h~ cost rare Na~factur~ H~i~ R~t~t th~ the a~re~ ~t~ ~ r~tac~. RESP~SIBLE AGENt: City of ~a City A~IV~TY DES~ZPT~: To provi~ thr~ aafe ~ ~nitary m~f~tur~ h~ for f~iH~ uith ACTIVITY L~TI~: Nm~r of H~ot~/Pe~ Dir~tty Asslst~ In Cot~ i H~E~/ ~ ~t not ~{a~ Asia~ F~te EL ' ' ,.,~ ....L..L.L,~,.,L..~ ....L,,~ .... . 21 ~1 ~1 l~H ' R~abjtjtatj~ A~jnistrati~ I 07/~ I ~H I ~ I AC~PLISH.ENTS: Q~,~ ~2~,00 PA~ TOllS: ] S~,O0 J ~1,~ f~ ~-~9.2 (11/24~2) Rm Date: ~/25/~ ~. Hik 6510,2 P~e Sm~ary of Activities Grantee Performance Report Cemnuntty Development BLock Grant Prngrem Name of Grantee: Grant Number: Period Covered: City of IoNs City BEId4C190009 From: 07/0119G To: 06/~0195 Act~t. ty Act. lieme, Oesc., & Location Accompttshments/Status Budgeted a I b I c I dl el f S I h 94~378 REGULATION CITATION: 570.202 The funds ~ere used for the administration PROJECT NA~4E: Hurt/-unit Rehabitttetion Administration RESPONSIBLE AGENCY: City of io~a City ACTIVITY DESCRIPTION: Administration of Xutti-Untt RehabiLitation Prngraa. ACTIVITY LOCATION: City~ide 94075 18T ~ EO Technical ASsistance 07/94 L~qJ CONP REGULATION CITATION: 570.203(b) SUBR PROJECT NAME: ]SEO Micro-enterprise Development RESPONSIBLE AGENCY: Institute for Societ and Economic DeveloFment SUBRECIPIENT: Private ACTIVITY DESCRIPTIOn: To expand the m~cro-onterprise deveto~nent togram to assist Iou-irmome individuals to r~ome setf-e~ptoyedancbtor c~arify their career goats. ACTIVITY LOCATION: 1901 8roadway Suite 313 Iowa City, IA 52240 Of the multi-unit rehabilitation proErem which tnvotved t~o projects with four units, A totat of 4 projects with 8 units ~ere completed durln9 the year wain9 CDEG, Finance Authority, and Iowa Oept, of Economic OeveloFment funds. ACCONPLISHENTS: iSED assisted 55 persons ciarify their career goals and/or bec~ seLf-employed through micro-enterprise development training sessions. The ctasses resulted in 4 ned business starts, 3 business expansions and 2 businesses with financing appticatt~qs in process, 1T/50.00 17742.00 ................................................................................................................... Run Date: 09125/95 form~UO-49~9.2 (11/Z4/92) ref. Mindbook 6510.2 Page 18 of 27 Run Tim: 15:50:05 Sugary of Activities Grantee Performance Report C~,,,a, nity Devet~t BLock Grant Program Nmae of Grantee: Grant Hugbar: Period Coverod: City of lo~a City B94HC190009 From: 07101194 To: 06/30/95 I I'1""1 I I 'F" Activity init Obj Act Expendod No. Act, Neer Desc,, & LocationFund Code CodeAccompttmh~nts/Stetus BudgetedPeriod ...... ., ........! .......................b ........................L..:...!....d..!...:..! ......................f .................................., .....! .......h ..... irabar of Households/Persons Directly Assisted In Coturn i ~ Hshlds/ and not not Indian/ Aslan/ Female ParsDes Nod H c ASsisted Incabe Hispanic r L I j Ik I t I " I n I o I P lq I P ss I ss I sz I 4z I r I ~ I 3 I z I 0 I 94080 20 - PLanning / CONP REGULATION CITATION: 570,205 RESPOHSIBLE AGENCY: City of lone City ACTIVITY DESCRIPT[O)4: General PLanning end research related to affordable housing opportunities, services and barriers to affordable housing, ACTIVITY LOCATION: ~10 E, Washington Street ioua City, ]A 94085 21 - Program A~inistration / CONP REGULATION CITATION: 570.206 PROJECT NAME: Gererat Administration RESPONSIBLE AGENCY: City of io~a City ACTIVLTY DESCRIPTION: Administration of the COBG program. ACCGNPLISHNENTS: gorked with hman service agencies to determine priority needs for persons uho are homeless end for persons with special needs Affordable Housing study, Cotter;ted and PLan for HOUSiog, Jobs and Services, ACCONPLiSHNENTS: 1994 COBG Entitlement funds ~ere aci~inisterod according to 24 CFR Pert 5t0 and ate retatod federal rules end regulations, 15O00.0O 122820.00 11602.O0 122820,00 PAGE TOTALS: I 1378Z0.0O I 1)t~*ZZ-O0 form HU9-49~9.2 (11124192) Rm Date: 09/251~5 ref, Hmk 6510.2 Page 19 of ~ R~ Tim: 15:50:~ Si~m~ary of Activities Grantee Performance Repopt Cc..,m. nity DeveLopment B|ock Grant Program ................ Bg~MCl~OOOg Fr~m~: 0710119( To' 06r50/~5 I ............................................... ......t ...............................................) ......... ....... E~Activity Act Name Desc ...... : ........mb m , m ~ m e m ........; .........................i .......; .....i ......g ..... 9,~ ";~;;~;;;'Z;~;;;~; ............................................................................................................................. 410 E. Mashington Street Iowa City, IA 940~0 22 - Unprogra~Funds PROJECT NANE: Contingency RESPONSIBLE AGENCY: City of [oea City ACT[VETY DESCRIPTION: Unprograr~nedfunds ACTZV;TY LOCATZON: NA rOMp ACCI:Y~LISHM~NTS: Funds include program income received during the year. 71315.00 0.00 .............................. GRAND TOTALS: I I~08~3.00 I 871838.00 Ran Date: 0~/25/~5 ref, Handbook 6510.2 Page 20 of 27 Roe Tim: 15:50:06 Financial Summary U.S. Department of Housing and Urban Development Grantee Performance Report Office of Community Planning &Development Community Development Block Program OMB Approval No. 2506-0006(Exp. 3/31/93) 1. Name of Grantee I 2. Grant Number ~ 3. Reporting Period City of Iowa City B94MC190009 From 07/01/94 To 06/30/95 Part Iz Summar~ of CDEG Resources 1. Unexpended CDBG funds at end of previous period 2. Entitlmment Grant from form HUD-7082 3. Surplus Urban Renewal Funds 4. Section 108 Guaranteed Loan Funds(Principal ~mount) 383,438.00 969,000.00 0o00 0°00 Program income received by~ Grantee (Column A) a. Revolving Funds 56,225.00 b. Other (identify below) 0.00 Subrecipient (Colunm B) 0.00 0.00 Total Program Income (sum of columns a and b) 6. Prior Period Adjustments (if negative, enclose in brackets) 7. Total CDBG Funds available for use during this report period 56,225.00 0.00 1,408,663.00 Part IIt Summary of CDSG Expenditures 8. Total expenditures reported on Activity Summary 9. Total expended for Planning & Administration 134,422.00 10. Amount subject to Low/Mod Benefit Calculation 737,416.00 11. CDBO funds used for Section 108 principal & interest payments 12. Total expenditures (line 8 plus line 11) 13. Unexpended balance (line 7 minus line 12) 871,838.00 0.00 871,838.00 536,825.00 Part IIIz Low/Mod credit This Reporting Period 14. Total Low/Mod credit for multi-unit housing expenditures 15. Total from all other activities qualifying ae low/mod expenditures 16. Total (line 14 plus line 15) 17. Percent benefit to low/mod persons (line 16 divided by line 10 this reporting period} 2,106.00 735,310.00 737,416.00 100.0 % Part Ivz Low/Mod Benefit for Multi-Year Certifications (Complete only if certification period includes prior years) Program years (PY) covered in certification PY PY 18. Cumulative net expenditures subject to program benefit calculation 19. Cumulative expenditures benefiting low/mod persons 20. Percent benefit to low/mod persons (line 19 divided by line 18) P~ 0.00 0.00 0.0 % This form may be reproduced form HUD-4949.3(11/24/92} on local office copiers ref Handbook 6510.2 Previous editions are obsolete Retain this record for 3 years. Run Date: 09/25/95 page 21 of 27 Run Tlmez 15~50~07 Financial Summary Grantee Performance Report Community Development Block Program U.S. Department of Housing and Urban Development Office of Community Planning &.Development OMB Approval No. 2506-0006(Exp. 3/31/93) Par~ Vx For Public Service (PS) Activities Only: Public Service 'CAP Calculation 21. Total PS expenditures from column h, form'HUD 4949.2a 22. Total PS unliquidated obligations from column r, from ~uu 4949.2a 23. Sum of line 21 and line 22 24. Total PS unliquidated obligations reported at the end of the previous reporting period. 25. Net obligations for publio services (line 23 minus line 24) 26. ~mount of Progr.am Income received in the preceding program year 27. Entitlement Grant Amount (from line 2) 28. Sum of lines 26 and 27 29. Percent funds obligated for Public Service Activities (line 25 divided by line 28) 137,447.00 0.00 137,447.00 0.00 137,447.00 134,073.00 969,000.00 1,103,073.00 12.4 % Part VI: Planning and Program Administration Cap Calculation 30. Amount subject to planning and adminstrative cap (grant amount from line2 plus line 5) 31. ~/nount expended for Planning & Administration (from line 9 above) 32. Percent funds expended (line 31 divided by line 30) 1,025,225.00 134,422.00 13.1% LINE 1: UNEXPENDED FUNDS NARRATIVE The unexpended fund balance ie the came as shown in 1993 GPR. LINE 5ax PROGR~24 INCOME NARRATIVE Program Income was received from two sources, rehabilitait~ loan repayments and payoffs from previous years' projects and other capital income. Other income includes loan repayments for Public Facility Improvement Projects carried out in previous years, as well as miscellaneous income from the sale of planning and other documents. Rehab Program $48,900 Other Income $ 7,325 This form may be reproduced form HUD-4949.3(11/24/92) on local office copiers ref Handbook 6510.2 Previous editions are obsolete Retain th].s record for 3 years. Run Date: 09/25/95 page 22 of 27 Run Time: 15:50:08 Financial Bummary U.S. Department of Housing and Urban Development Grantee Performance Report Office of Community Planning & Development community Development Block Program OMB approval No. 2506-0006(Exp. 3/31/93) GPR Pu~I~DBOOK APPENDIX 3s ITEM E CALCULATION OF BALANCE OF UNPROG~AMMED FUNDS D. RECONCILIATION OF LINE(S) OF CREDIT (LOC) AND CASH BALANCES TO UNEXPENDED BALPu~CE OF CDBG FUNDS SHOWN ON GPR Complete the following worksheet and submit with the attachment; UNEXPENDED BALANCE SHOWN ON GPR (line 13 of HUD 4949.3) ~DD; LOC balance(s) as of GPR Date Cash on Handl Grantee Program Account Subrecipients Program Accounts 544,090.00 0.00 0.00 Revolving Fund Cash Balances Section 108 Accounts (in contract) 0.00 0.00 SUBTRACT= Grantee CDBG Program Liabilities (lnclud~ any reimbursements due to the Grantee from program funds) 7,265.00)~ Subrecipient CDBG Program Liabilities (same instructions as above) ( 0.00)~ TOTAL RECONCILING BALANCEI UNRECONCILED DIFFERENCE; When grantees or subrecip~ents operate their programs on a reimbursement basis, any amounts due to the grantees or subrecipients should be included in the Program Liabilities. 536,825.00 536,825.00 0.00 This form may be reproduced form HUD-4949.3(11/24/92} on local office copiers ref Handbook 6510.2 Previous editions are obsolete Retain this record for 3 years. Run Dates 09/25/95 page 23 of 27 Run Times 15~50~08 ATTACHMENT TO THE FINANCIAL SUMMARY FORM HUD - 4949.3 Loans and Other Receivables: 28, Outstanding Rehabilitatior{ Loans (owner-occupied & rental) Total Number of Loans: 37 Principal Balance Owed: $227,279 Outstanding Public Facility Rehab Loans Total Number of Loans: Principal Balance Owed: 6 ~76,241 These loans range from 0-6% interest, and for time periods of 3-16 years. They include loans made with Supplemental CDBG (Flood) funds 2b. Outstandina Depreciating Loans Total Number of Loans (includes Rental Rehab): Principal Balance Owed: 67 $774,040 Most loans depreciate 10% a year over 10 years, Outstanding Conditional Occupancy Loans Total Number of Loans: Principal Balance Owed: 76 ~1,094,645 These loans are repaid when a home is sold or, in the case of Public Facilities, when the facility no longer serves low/moderate income persons. 3. No CDBG loans have gone into default during this period. ppdcdbg~hud4949.3 U.S. Department of Housing & Urban Development Office of Community Planning and Development REHABILITATION ACTIVITIES Grantee Performance Report Community Development Block Grant Program OMB Approval No. 2506-0006(exp. 3/31/93) Name of Grantee ~ Grant Number I Program Year City of Iowa City B94MC190009 From 07/01/94 To 06/30/95 All grantees must submit this form, I Single-unit Multi-unit whether or not they have CDBG funded Activities Activities rehabilitation programs. {1 Unit) (2+ Units) 1. Check box only if grantee has no CDBG rehabilitation activities~ 2. Staffingz number of Staff-Years 1.4 0.1 (FTE staff years to tenths) 3. Current Programs Year Expenditures= Activity delivery costs from CDBG funds a. Staff costsz Amount expended in 2 above 58,060.00 4,279.00 b. Other direct costs (not included in 4) 6,387.00 0.00 4. Current Program Year Expenditures= For all projects (a+b+c below) a. CDBG funds expanded b. Other public(Federal,State, local) funds exp'd. c. Private funds expanded 386,432.00 90,727.00 255,451.00 2,106.00 130,981.00 37,305.00 0.00 51,316.00 5. Project/Units Rehabilitated/Committed a. Number of projects committed(multi-unit only) b. Number of units committed 1 Projects 89 4 Units Units 6. Obligationsz Amount obligated for projects/units committed in 5a and 5b a. CDBG funds obligated b. Other public(Fed.,State,local) funds obligated c. Private funds obligated 160,599.00 38,558.00 135,599.00 9,180.00 25,000.00 27,542.00 0.00 1,836.00 7. Projects/Units Rehabilitated/Completed a. Number of projects completed(multi-unit only) b. Number of units completed 2 Projects 101 4 Units Units 8. Cumulative Expenditurest 596,470.00 92,938.00 a. CDBG funds expanded 321,981.00 2,106.00 b. Other public(Federal,State,local) funds exp'd. 274,489.00 39,516.00 c. Private funds expended 0.00 51,316.00 Individuals may copy this form form HUD-4949.5(11/24/92) on office copiers as needed. ref. Handbook 6510.2 Previous Editions are Obsolete Retain this record for 3 years Run Datez 09/25/95 page 24 of 27 Run Timez 15~50109 U.S. Department of Housing & Urban Development Office of Community Planning and Development REHABILITATION ACTIVITIES Grantee Performance Report COmmunity Development Bloc~ Grant Program OMB Approval No. 2506-0006(exp. 3/31/93) NARRATIVE OF COMPLETED REHABILITATION PROJECTS See attachment for HUD 4949.5 Individuals may copy this form form HUD-4949.5(11/24/92) on office copiers as needed. ref. Handbook 6510.2 Previous Editions are Obsolete Retain this record for 3 years RuN Dates 09/25/95 page 25 of 27 Run Times 15s50~09 ATTACHMENT FOR HUD - 4949,5 NARRATIVE OF COMPLETED REHABILITATION PROJECTS Sinqle-Unit Comprehensive Rehabilitation Program: This program provides up to $30,000 per unit to correct code violations in single-family units owned and occupied by low- and moderate-income households. Funding is in the form of low-interest, no- interest, or conditional occupancy loans, depending on the income of the owner. Two CDBG projects were started, 14 were completed. Five of these were projects combining CDBG and HOME funds. Four additional HOME projects were completed. In addition, comprehensive rehabilitation of four rental units was completed using state Rental Rehab funding from the Iowa Finance Authority and Federal Rental Rehab funds through IDED. S n~lle-Unit Exterior Relyair Pro.qram: This program covers all costs associated with repair and protection of exterior surfaces, including paint, siding, roofs and gutters, for low/moderate income single-unit owner occupants. The maximum loan amount is $12,500 with loan conditions the same as for the Comprehensive Rehabilitation Program. This program not only maintains the structures, but also enhances the neighborhood. Seven projects were set up, ten are completed. Emerclencv Repair Profiram: This program corrects major code violations related to health and safety for low-income single-unit homeowners. Maximum grant or loan is $6,000. Through this program many mobile home owners are assisted. Twelve projects out of sixteen are completed. Residential Accessibilib/Pro.qram: Improvements are made to single and multi-unit structures to permit owners and/or tenants who are handicapped or disabled to remain independently in the unit. Maximum loan is $6,000. Five single family units and one rental unit were made accessible. Ener.qV Conservation Pro.qram: This program covers costs of weatherization, energy efficient furnaces and insulation. All projects were referred to the Hawkeye Area Community Action Program. ESA Small Repair Program: This program assisted 59 homeowners who were elderly or handicapped with small repairs to their homes. Fire Safety: The Rehabilitation Division, in conjunction with the Fire Department, distributed 790 smoke detectors and 341 fire extinguishers to 341 manufactured homes in Iowa City. Manufactured Housinq Replacement: Two manufactured homes that the Rehabilitation staff determined to be unsafe and/or unsanitary and that required rehabilitation work that would have cost more than the appraised value of the homes were replaced. The Rehabilitation staff continued to work with flood victims during the past year. These activities will be reported in the GPR for Supplemental CDBG funds and are not included in this report. One-For-One Reptace~en~ S~l~ary Cam~nity DeveLopment BLoctc Grant Prograa ~ame of Grantee: Grant Number: Period Covered: City of lo~a City B9~C190009 From: 07101/~/, To: Part h Lou/Nod Housing Units Deaotished/Converted Part ]I: Reptece~e~t Units "1 ,. "1 "' II " " No, Units by Bedroom Stze No. Activity Address Agreeat. 0/1I 2 J 3 ~ /, I 5+ ToteS ReptacementAddress Avail. able 011 I 2 j Totat I I I ol ol ol ol oi ol I I ol ol ol ol ol o Run Date: Page 26 of 27 Run Tim: 15:50:10 DISPLACemENT StiNNARY U.S. Departgent of Housing CeTmun, ty Development 8Lock Grant Program Community Develot;me~t B,ock Grant progre~ ORB Approval 14o. 2506-O00~(Exp.3/31/93) ... of ,rE,. IP.r,ed Oov.red City of io~s City 1 Frcen 07/01/9/,To 06/30/95 Lou and Noderate incc~e HousehoLds Disp,aced During the Last Completed Year Househo,ds residing ,n this census tract Househoids rema,niog in this census tract D,spisced households relocated to this uho ~ere d,spiaced after disp,acement census tract from another census tract .h,t~ .,ac,, I~ ,,,.ri==,.'",re I"'ac",';:?~ ~r,.n,,,,it. ,,,so,,I";:?~ ~,'ican Not t~ot ien or indian or kiot Not As,an or Indian or Not Not Asian or ind,an or n H' 'c N .... n Hispanic H' ' Tract Origin Origin H,span,c i r r Orig,n Hispanic r e I b I c I d I e I f I g I h I t I } I " I t I = I n I o I P I I OI O I O I OI O I OI O I O I a l OI el o l OI ol OI TotaLs I 0 I 0 I 0 I 0 I 0 I 0 j 0 I 0 I 0 I 0 I 0 I 0 I 0 I 0 I 0 I This form my be produced on Local office copiers fore HUD-/,9~,9.6(11/25/92) Previous editions ere obsolete ref. Handbook 6510.2 Retain this record for 3 years. Run Date: 09/25/95 page 27 of 27 Run T,me: 15:50:12 DISPLACEMENT NARRATIVE ACTIVITY SUMMARY 4949.6 During the reporting period of July 1, 1994 to June 30, 1995 the City of Iowa City, through the CDBG program, did not displace any persons due to acquisition, rehabilitation or demolition. Although the CDBG program conducted activities which included acquisition and rehabilitation, displacetnent was not involved. These activities only included units that were vacant or where the owner/tenant remained in the unit while the activity was completed. It is the policy of the City of Iowa City not to displace persons or families. Description of steps taken to minimize displacement: a. Acquire or rehabilitate vacant units. b. Minimize effects of rehabilitation on owners/tenants. c. No demolition of residential structures. Steps taken to identify and notify households, businesses, farms, or non-profits who occupy sites subject to requirements of the Uniform Reloeation Act: a. No tenants were displaced. A description of steps taken to ensure timely issuance of information, notices displaced households, businesses, farms, or non-profits: a. No displacements occurred. DATE: TO: FROM: RE: City of Iowa City MEMORANDUM October 6, 1995 City Council City Nanager Material in Infomatfon Packet Copy of letter from Mayor Horowitz to Vicki Conly regarding Sesquicentennial~i events. Memorandum from Mayor Horowitz regarding planning for the Sesquicentennial celebration. Memoranda from the City Manager: a. New boat ramp b. University heating and cooling projects/combine with City project c, Additional discount on furniture purchases 307 Copies of letters from the City Manager to: a. Mayor Swanson of University Heights regarding the Melrose Avenue bridge and street projects b. Members of the Melrose Focus Group Memoranda from the Planning and Community Development Department: a. Industrial Park zoning b. Fringe Area Agreement 3077 Memorandum from the Acting Fire Chief regarding confined space rescue program funding. Memoranda from the Department of Public Works: a. Melrose Avenue Bridge b. Synchronization of Burlington Street signals Memoranda from the City Clerk: a. Census update and rescheduled meeting notice ,:~C)~ / b. Council Work Session of September 25, 1995 c. Housing Discussion of September 30, 1995 ~o~ d. Special meeting times ,~ Memorandum from the Director of Parking and Transit regarding Bus and Shop Program. Memorandum from the Transit Manager regarding Cedar Rapids electric bus. Memorandum from the Police Department regarding Bicycle Patrol Survey. Copy of letter from Robert Burns regarding Saratoga Springs development Copy of letter from Grant Wood Neighborhood Association to the Parks and Recreation Commission regarding Wetlands Park. Notice of tree pruning workshop hosted by Heritage Trees. ~0~ Agendas for the informal and formal meetings of October 3 for the Johnson County Board of Supervisors. Agenda for the October 10, 1995, informal meetln~ of the Boara of Supervtsors.~O~, Page 2 Information Packet October 6, 1995 Memo from City Arty. regarding Conflict of Interest question concerning City Employee3~' Drew Shaffer and response Television Corporation License Agreement with City. Memo from City Manager regarding Ad Hoc Economic Development Committee. Copy of City Arty. letter regarding inquiries concerning Rohret Rd. project contractor parked in right-of-way; follow up. information from May 11, 1995 Council worksession with Board of Supervisors regarding. Local Option Sales Tax. September 29, 1995 CITY OF I0 WA CITY Ms. Vicki Conly, Chair Jones County, Iowa Sesquicentennial Commission 305 Maple St. Olin, IA 52320 Dear Vicki: You and the members of your commission are to be congratulated on the efforts undertaken to celebrate the 15Oth anniversary of the stagecoach carrying the U.S. Mail from Dubuque to Iowa City. The ceremony here in Iowa City was superb! You, Mr. Corbin of Monticello, and the key player, Mr. Bob Johnson from Delmar deserve a special recognition for your organizational skills. Everything in Iowa City went off according to schedule. Old and young Johnson County citizens had a festive time and will long remember the day the U.S. Mail stagecoach came to Iowa Cityl We look forward to working with Jones County in other events throughout 1996 as we all celebrate Iowa's Sesquicentennial. Best wishes, Susan M. Horowitz Mayor CC: Jones County Board of Supervisors Johnson County Board of Supervisors Iowa City Area Convention & Visitors Bureau ~ity Council Lora Van Etten, Chair, Johnson County Sesquicentennial Commission b~conh/ 410 EAST WASHINGTON STREET · IOWA CITY. IOWA J2240-1826 o {3r9) 3J6-~000 · FAX (319) 356-S009 City of Iowa City MEMORANDUM Date: October 2, 1995 To: City Council From: Mayor Susan M. Horowitz ~ Re: Planning for Sesquicenten nial Celebration As you know, Iowa'e 150th anniversary is in 1996. Johnson County has had in place a Sesquicentennial Commission appointed from cities and unincorporated areas of Johnson County since last year. About eight citizens from Iowa City are on the Commission but no one officially represents the City. In addition Mary Mascher and Bump Elliott represent Johnson County on the state's sesquicentennial commission. The University has a Commission doing its own thing although they inform the County Commission of what is happening and when. I am now participating with the Johnson County Sesquicentennial Commission, and have been asked to be the official representative. The objectives I have are to pull together Iowa City members of the Commission for ideas specifically aimed at our city to make sure there is a direct connection with Council and be assured that proposed activities are financially and Iogistieally anticipated. Hopefully celebrations throughout 1996 will be adequately scheduled in advance. You saw the thank-you note I sent to Jones County in recognition of their initial round of activities. I suspect there will be many more ceremonial/diplomatic responsibilities before the end of 1996. I would enjoy continuing in this liaison role once I retire from Council. I think this should be a volunteer position, and if you concur, I will plan on fulfilling it. eC~-~9.Sh City of iowa City MEMORANDUM Date: October 5, 1995 To: City Council From: City Manager Re: New Boat Ramp The State Water Access Committee met on September 21, 1995, to review requests for cost sharing the Marine Fuel Tax grant fund. There were 36 grant applications requesting a total of $1,029,489. This is the largest number of applications and the most money requested in recent history. The State has $251,636 available in the grant fund and has selected our Iowa River Boat Ramp project for $11,700.00. It will likely be spdng before we can begin the project. tp3-1 ,3o7! City of iowa City MEMORANDUM Date: To: From: Re: October 6, 1995 City Council City Manager University Heating and Cooling Projects/Combine with City Project The University of Iowa has under design two construction projects that will be located in public right-of-way on Madison Street and possibly Jefferson Street, The first project is the repair of a deteriorated steam tunnel located within the east one half of Madison Street between north of Burlington Street intersection and approximately 100' north of College Street. The second project is the installation of two 30 inch chilled water lines along Jefferson Street and the west one half of Madison Street from Capitol Street to the University of Iowa Library. It is anticipated that portions of Madison Street will be closed during construction of these projects. Attached is a letter from the University further explaining the work. As part of the chilled water line construction, the Department of Public Works has recommended extending the existing 20 inch water main on Madison Street from Jefferson Street to Washington Street. This project has been part of the City's water main extension program for the past + 3 years, but has been delayed to coincide with anticipated University work. Normally, the water main would be extended utilizing City work crews. However in this case, it is desirable to have the University include the water main construction in their contract for chilled water pipe construction since the work will be similar pipe construction in a parallel trench. 2 This work will be very disruptive to the flow of traffic, both pedestrian and vehicular traffic, so coordinating and combining our construction work with the University is very beneficial. I have instructed Public Works to proceed. cc: Chuck Schmadeke City of Iowa City MEMORANDUM Date: October 6, 1995 To: City Council From: City Manager Re: Additional Discount on Furniture Purchases Our Purchasing Division has recently negotiated an additional 5-10% discount on the Frohwein annual Steelcase Brand furniture contract. The additional discount is calculated at an annual $7,000 savings based upon our average annual pumhases. The Division worked with Frohwein's to pursue a better discount from Steelcase directly. The City will receive 50% off list on the City's major expenditures of ergonomic work stations, seating and vertical files and 45% on lateral files and bookcases. Good job by the Department of Finance. lp3.7 September 29, 1995 CITY OF I0 WA CITY Donald Swanson, Mayor City of University Heights 138 Koser Ave. Iowa City, IA 52246 Dear Don: At their regular work session on Monday. September 25, the City Council discussed the procedures with respect to decision-making associated with the Melrose Avenue Bridge and Street projects. It is their intent that the following would occur and accordingly I want to keep you apprised of the intended decision-making process. Monday - 10/23 The Council has requested the City of University Heights be represented at the informal work session on October 23. This matter will be scheduled for appreximately 7 p.m. This would allow the Iowa City City Council and University Heights officials to discuss the consultant's recommendation with respect tothe Melrose Avenue projects. Hopefully, you and representatives of University Heights would be able to attend the meeting and offer your perspective on the proposed project. It is the Iowa City City Council's interest to discuss the consultant recommenda- tion with you prior to the headng scheduled for Tuesday, October 24. Please let me know. Tuesday-10/24 On Tuesday evening beginning at 7:30 p.m. dudng their regular legislative session the Iowa City City Council will conduct a public hearing inviting comments on the consultants' recommendations. I have taken the liberty of notifying all members of the focus group to invite their participation. This will be a public hearing and thereby the public is invited to comment as they feel appropriate. Monday-11/6 Regularly scheduled City Council work session begins at 6:30. The Iowa City City Council wot,ld consider all of the comments, the information from the hearing on the 24th and their discussions with the University Heights City Council, which occurred on October 23. They will discuss a resolution at that meeting. The agenda for November 7 will have a resolution adopting a plan for Melrose bridge and street improvements. 410 EAST WASNI?iOTON STREET · IOWA CITY. IOWA S2240-1826 o (319) 356-;S000 · FAX (319) 3~6-~009 Donald Swanson September 29, 1995 Page 2 Tuesday -11/7 Next regularly scheduled City Council formal session and a resolution would be placed on the agenda for their adoption. They may choose to modify, change as they see fit, however it is their intent at the meeting of November 7 to vote on a Melrose bridge and street project recommenda- tion. The Council understands they must forward a formal recemmenda- tion/alternative to the Federal Highway Administration for their review. If you have any additional questions or concerns about this schedule of activity, please feel flee to call me or Mayor Susan Horowitz. Sincerely, Stephen J. Atldns City Manager CC: City Council Director of Public Works Director of Planning & Community Development City Clerk City Attorney tp2-1 October 2. 1995 Richard Gibson, Director Facilities Planning 416 North Hall University of Iowa Iowa City, IA 52242 CITY OF I0 WA CITY Dear Mr. Gibson: As a member of the Melrose Avenue focus group, you participated in discussions associated with the project planning. Attached is a letter directed to Mayor Swanson of University Heights which I believe summarizes the upcoming review and ultimate decision making of the Iowa City City Council concerning their recommendation to the Federal Highway Administration. You will note that on Tuesday, October 24, a formal public hearing will be held by the Iowa City City Council whereby public comments on the consultant's recommendations will be received. Also, the City Council will discuss this issue (not a public hearing) at their work session on October 23. Any written document you may have submitted as a member of the focus group or in any other capacity has already been directed to the City Council. The Council wished to have you receive an invitation to the meeting on the 24th. Your attendance is not required; however, the Council did want you to be aware of their decision making plans. If you have any questions please feel free to call Mayor Susan Horowitz or my office. Sincerely yours, City Manager ~.~s~ v~ cc: ity Council Director of Public Works City Engineer Same letter to: Jerry Arganbright Don Swanson Brandt Echternacht Roger Anderberg Michaelanne Widness William Buss Brian Parker Karin Franklin Director of Planning & Community Development 41Q EAST WASHINGTON STREIET · IOWA CITY, IOWA ~2240-182(, · (319))$6-SOO0 · FAX (319) 3J6-~009 City of Iowa City MEMORANDUM Date: To: From: Re: October 6, 1995 City Council ' ~~ Karin Franklin, Director, PC Industrial Park Zoning In September of this year the Mayor and the Chairperson of the Board of Supervisors exchanged correspondence (attached) regarding the zoning of property east and south of the Streb property, east of Scott Boulevard. The correspondence addressed the appropriate zoning for this property in terms of the City's desire for an industrial park in this area. There appears to be agreement that M-1 zoning, a County designation, is the appropriate classification for any of those properties currently zoned RS, Suburban Residential. The County seems to be reluctant to proceed with the rezoning of these properties on their own initiative without some external request. The question for the Council is whether you wish to formally make such a request or in some manner encourage the Board to proceed with such a rezoning. We will discuss this at your work session on Monday evening, October 9. Attachment ao7 III g IN~(US, T~O AL I1 ::~::::!::::::: :!: ::::::::::::::::::::::::: ',::.:.::: ::~:::::.':z:: :::'>.: .... :.::::.}.:.i'C-:-:.:C.-:.:-::-::-:-:-'C..:-:{':-:(.:- ,. Johnson Counly Charles D. Duffy, Chairperson Stephen P. Lacina Joe Bolkcom Don Sehr Sally Stutsman ~'-~EIVED SEP 23 1995 OF SUPERVISORS September 19, 1995 Susan M. Horowitz, Mayor 410 East Washington Street Iowa City, IA 52240-1826 $~SAN . Dear 1V~yor ]qornw~tzL In response to your letter of September 12, 1995, and the potential Industrial Park east of Scott Boulevard, the Board has agreed that M1 zoning is preferable for the adjacent land, and would, ff requested, initiate the appropriate action for rezoning. ff you have any questions, please feel free to call. Thanks you. Sincerely, Charles D. Duffy Chairperson H:~le~,AlmJPrlcdo~ 913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 522,M-1350 TBL: (319) 356-6000 FAX: (319) 35(~o086 CITY OF I0 WA CITY September 12, 1995 Cha~ie Duffy, Chair Johnson County Board of Supervisors P.O. Box 1350 Iowa City, IA 52244-1350 Dear Charlie, As you recall Iowa City and the County have been working on an potential Industrial Park east of Scott Boulevard, north of Highway 6. We have appreciated the Board's efforts in achieving rezoning of M1, Light Industrial, which is consistent with the Fringe Area Policy. Currently fie properties to the east and south, that is those owned by the Prybiis and Tucker, et. al., are zoned RS. While no proposal has been made to develop those properties, it might be useful to the future land use of the area to seek their intent with regard to either joining the M1 zone or a suitable "buffer" zone to preclude residential dwellings being located adjacent to an industrial area. We believe the M1 zone is most appreprlate. Would the Board consider a County-initiated action to accomplish this? Please let me know. Thanks. Best regards, Susan M. Horowitz Mayor CC: City Council Director of Planning & Community Development City Manager/ 410 E/~ST WASHINOTOH STREET · IOWA CITY, IOWA $2240-1826e (319)3S6-J000 , FAX (319) City of Iowa City MEMORANDUM Date: October 6, 1995 To: City Council From: Robert Miklo, Senior Planner Re: Fringe Area Agreement STATE CODE: The Code of Iowa grants the City the ability to review and approve County subdivisions which are located within two miles of the city boundary. The code allows the City to impose its subdivision regulations within this area to assure that properties which may some day be annexed are developed according to City standards and also to discourage the leapfrogging of development to just outside the city limits in order to avoid complying with City infrastructure standards, The code also provides that the City may relax its subdivision standards by entering into a 28E agreement (the Fringe Area Agreement) with the County which specifies the standards to be applied when the City reviews a subdivision. CITY SUBDIVISION STANDARDS: In absence of a fringe area agreement, the City's subdivision standards, including the installation of streets, sanitary sewer lines and water lines would be required for all county subdivisions within the fringe area, unless the City waived those standards on a case-by-case basis. The water and sewer lines would be capped and available for use if and when the property is annexed into the city. Because no actual City services would be available, such subdivisions would also be required to have private wells and wastewater treatment systems, such as septic tanks. Due to the cost of installing such infrastructure and because county subdivisions generally allow a maximum of one lot per acre, the cost of building a subdivision to City standards for such low density development would generally be prohibitive, and fewer County subdivisions would be built regardless of County zoning decisions. By entering into the fringe area agreement, the City agreed to relax its subdivision standards in portions of the fringe area. In exchange, the County agreed to follow zoning policies within the fringe area that were agreed to be mutually beneficial to the City and County. In essence, by agreeing to work with the City on zoning issues within the fringe area, the County gained the ability to approve more subdivisions than would otherwise occur given the cost of complying with City subdivision standards. HISTORY OF CURRENT AGREEMENT AND AMENDMENTS: The current Johnson County-Iowa City Fringe Area Agreement was entered into by the City and Johnson County in December 1983 (copy attached). The agreement was amended in October of 1986, August of 1987 and November of 1987. These amendments are included 2 in the attached agreement. They basically allowed more liberal development of land previously designated for agricultural uses in portions of Area 4 north of Iowa City and east of Highway 1. The current agreement divides the fringe area into nine subareas and contains a policy regarding future land uses for each of those areas. These policies were to be implemented through the County's zoning practices and the City and County joint review of subdivisions. In those areas where development is to be discouraged, agricultural uses are listed as the preferred use. For properties that are already zoned County Residential Suburban, but which are in areas that might be annexed, the fringe area agreement states that the City's subdivision design standards are to be applied, In 1993, the City and County agreed to consider amendments to the fringe area agreement. This consideration was given after rezoning proposals were requested in Fringe Area 4 which were not in compliance with the current agreement. Two members of the County Zoning Commission and City Planning and Zoning Commission met and with the assistance of City and County staff, drafted a revised fringe area agreement. That agreement proposed that additional areas be opened up in the county for development north of Interstate 80 (Area 4 of the current fringe area agreement shown as a portion of Area A in the proposed fringe area agreement). That draft also indicated that if the City was to accept additional development north of the City, areas south and east of the city which are currently zoned County Residential Suburban (one acre lots) should be downzoned for agricultural use. The current fringe area agreement discourages the development of these areas by requiring that they adhere to City subdivision standards. After a series of public hearings, the Board of Supervisors indicated that they were unlikely to downzone those areas in accordance with the proposed amendments. The fringe area committee reconvened and completed the proposed fringe area agreement (attached) which is currently under consideration. The County Zoning Commission and City Planning and Zoning Commission both held public hearings on the proposed fringe area agreement and both unanimously recommend that it be approved. COMPARISON OF CURRENT AND PROPOSED AGREEMENT: The proposed fringe area agreement differs from the current agreement in that it consolidates the nine subareas identified in the current agreement into three subareas (see Attachment 1 in the proposed fringe area agreement). Proposed Area A is generally located north of Interstate 80 and includes Areas 2, 3 and 4 of the current agreement. The current fringe area agreement encourages residential development in Areas 2 and 3 (the western portion of proposed Fringe Area A) and waives City subdivision standards. The current fringe area agreement indicates that Area 4 (the eastern portion of the proposed Fringe Area A) should remain agricultural with the exception that properties east of Highway 1 which meet certain conditions could be developed for residential purposes. In comparison the proposed fringe area agreement generally would allow residential development in most of Fringe Area A, provided that it occurred as cluster subdivisions. This would provide for a considerable amount of subdivision activity in the county in areas where it is not provided for by the current fringe area agreement. It should be noted that even though the City does not have current plans for extensive annexation of areas in proposed Fringe Area A, county subdivisions which occur there do have impacts on the city, including impacts on drainage, possible pollution from failed septic systems, and additional traffic on 3 Dubuque Street, Prairie du Chien Road, North Dodge Street and other streets in the northern portion of Iowa City. The proposed Fringe Area B, which includes Areas 5 and 6 of the current agreement, is generally located along the east and southeastern portions of the city. The current policies for Areas 5 and 6 indicate that agricultural uses should continue in those areas. To discourage development of properties which are currently zoned County Suburban Residential, any subdivisions within one mile of Iowa City are required to adhere to City subdivision standards. The policies of the proposed fringe area agreement are basically the same as the current agreement; however, they more explicitly state the requirements for City subdivision standards within one mile of Iowa City, and the County's commitment to not rezone additional lands for non-agricultural purposes. Area C of the proposed fringe area agreement consists of Areas 1, 7, 8 and 9 of the current Agreement. The current fringe area agreement indicates that areas consisting of Subarea C should continue with agricultural uses and zoning. The current fringe area agreement acknowledges that some of this subarea is currently zoned for suburban residential development and indicates that in cases where properties might be annexed, development should conform to City subdivision design standards. The proposed fringe area agreement continues these policies and more explicitly states that the City's subdivision standards will be adhered to and the County will not grant additional rezonings for non-agricultural use. The proposed agreement also acknowledges that portions of proposed Area C are currently zoned County Suburban Residential and would be allowed to develop without adhering to City design standards provided that subdivisions are cluster subdivisions and are not in areas likely to be annexed. In addition to land use policies specific to each subarea, the proposed fringe area agreement also indicates that the City will not automatically extend its two-mile fringe area when additional properties are annexed into the city. The City would consult with the County before deciding on whether or not to extend the fringe area. The proposed agreement also contains provision to allow 1 non-farm residence per 40 acres in areas zoned County A-l, Rural. In contrast, the current agreement does not provide for non-farm residences in areas zoned A-1. ALTERNATIVES: There have been indications that the County Board of Supervisors does not concur with the proposed fringe area agreement. The Mayor has requested that the County respond in writing with its concerns. To date we have not received a response from the County. County staff have told us they anticipate that the Board will complete its review of the proposed agreement in November. Staff has identified the following options which the City Council may wish to pursue regarding the fringe area. Renegotiate the fringe area agreement, attempting to address any concerns that the County Board of Supervisors identifies. 4 Continue to adhere to the current fringe area agreement. The current negotiations to amend the fringe area agreement are a result of zoning requests in current Fringe Area 4 on the west side of Highway 1. However, in the past year the County has approved rezonings in contradiction with the fringe area agreement. If the County continues the practice of ignoring the zoning policies of the fringe area agreement, the City will receive little benefit from the agreement and will have given up our ability to impose full City design standards. The City may wish to pursue litigation against the County for non-compliance with the current agreement. The attached memo from the City Attorney's office provides discussion of this alternative, Given that the County has recently failed to adhere to the conditions of the current fringe area agreement, the City may wish to notify the County that in light of their non-adherence, the City itself will no longer adhere to the policies of the fringe area agreement and will impose City subdivision standards on all subdivisions unless we choose to waive them on a case-by-case basis. The attached memo from the City Attorney's office provides additional discussion of this alternative. In negotiations with the County it should be remembered that the State gives the City the authority to impose its subdivision standards within the fringe area in order to provide for orderly growth and protect the interests of the city. By entering into the fringe area agreement, the City waived some of its authority to impose its subdivision standards in portions of the fringe area. This was in exchange for the County agreeing to zoning policies for the remainder of the fringe area. If the County continues to ignore the current fringe area agreement, the agreement will be more of a burden on the city than a mutually beneficial agreement as intended by state law. Attachments: 1. Current Fringe Area Agreement 2. Proposed Fringe Area Agreement 3. Memorandum from City Attorney's Office CURRENT FRINGE AREA POLICY AGREEMENT between Johnson County, iowa and Iowa City, Iowa Adopted 12/22/83 Amended 10/15/86 8/25/87 11/19/87 CURRENT FRINGE AREA POLICY AGREEMENT B~iWEEN JOHNSON COUNTY, IOWA, AND IOWA CITY, IOWA This agreement is entered into pursuant to Chapter 28E of the Code of Iowa by and between Johnson County, Iowa, a municipal corporation, and the City of Iowa City, iowa, a municipal corporation; to-wit: WH~KFAS, the Development Policy for Rural Johnson County adopted January, 1979 calls for the preparation and adoption of development plans and agreements between the County and the City regarding the Municipality and its Environs; and WHEREAS, the Iowa City Comprehensive Plan Update adopted in February, 1983 outlines the extent of urban development expected within the next 20 years and projects limited annexation of extraterritorial areas; and WHEREAS, it is in the interest of Johnson County and the City of Ioi~ City to establish policies for the orderly growth and development within the two-mile extraterritorial jurisdiction of the City; and WHEREAS, Johnson County and the City of Iowa City mutually agree that such policies are necessary in order to more effectively and economically provide services for future growth and development. .NOW, THEREFORE, the parties hereto, do agree for themselves and their respective successors as follows: SECTION I. AREA DEVELOPMENT POLICIES & IMPLEMENTATION MEASURES The parties accept and agree to the following Area Development Policies and Implementation Measures regarding annexation, zoning, and subdivision review for the various designated areas outlined on the attached map. Statement of Intent In order to facilitate the purposes of Chapter 93A of the Cede of Iowa and to further the policy of this State to provide for the orderly use and development of land and related natural resources in Iowa for residential, co~mercial, industrial, and recreational purposes, preserve private property rights, protect natural and historic resources and fragile ecosystems of this state including forests, wetlands, rivers, streans, lakes and their shorelines, aquifers, prairies, and recreational areas to promote the efficient use and conservation of energy resources, to prcmote the creation and maintenance of wildlife habitat, to consider the protec- tion of soil from wind and water erosion and preserve the availability and use of agricultural land for agricultural production, through processes that emphasize the participation of citizens and local goverr~nents; and, In the interest of providing for orderly and efficient development patterns in those areas of Johnson County within the two-mile extraterritorial jurisdiction of Iowa City and in order to provide services for such development at the least cost to all of the people of Johnson County, the City of Iowa City and Johnson County agree, as provided in Chapter 28E of the Code of iowa, to the following Development CURRENT Page 2 Policies and Implementation Measures regarding annexation, zoning and subdivision review for various designated areas outlined on the attached map. The 28E agreement between Johnson County and the City of Io~e City will pertain to the entire two-mile extraterritorial jurisdictional area of Iowa City. AREA1 Policy Agricultural use is the preferred use in Area 1. Residential uses for farm family purposes will be considered depending on soil and site conditions. The policy regarding this area should be reevalusted at such time as the potential office research park development anticipated in the northwest quadrant of Iowa City is realized. Implamentation: 1. All zoning requests will be reviewed for conformance with the Folicies est_~blished for Area 1. County and City Rural Design standards will be applied development within existing residential zoning. (City Standards will not apply). to regulate Urban Design 3. No annexation of this area is anticipated in the three year review period provided for in Section III. AREA2 Pol icy This area should develop as low to medium-density residential use; large scale co~nercial development is inappropriate due to the proximity of existing residential uses, the 1-80 and Dubuque Street interchange, and the curvature of Dubuque Street. Limited cc~'uttercial uses may be considered when integrated as part of a proposed residen- tial development. Implementation: 1. The County will adopt Planned Develol~ment Performance Standards ( PDPS ). 2. Limited c~tut~ercial uses may be considered as part of planned residen- tial development proposals and will conform to the PDPS. 3. County and City Rural Design standards will be applied to regulate development within existing residential zoning. 4. No annexation of this area is anticipated in the three year review period. Page 3 CURRENT Policy Residential development in the County will be encouraged in Area 3 and will be governed by the provisions of the Corridor Develooment Plan adopted November, 1982. ' Implementation: 1. Development shall conform with the Corridor Development ccmply with County and City Rural Design standards. Plan and 2. ..No annexation of this area is anticipated in the three year review period. AREA4 Policy Residential development in this area should be discouraged, .and encouraged to take place in Area 3 and other parts of the county zoned for residential development. Agricultural use is the preferred use in Area 4. Residential uses for farm family purposes will be considered depending on soil and site conditions. Implementation: 1o All zoning requests will be reviewed for conformance with the policies established for Area 4. 2. Development of existing zoning within Area 4 will be required to cc~Ljly with County and City Rural Design standards. 3. No annexation of this area is anticipated in the three year review per iod. AREA5 Policy Agricultural uses are encouraged to continue on land which is considered "prime" agricultural land. Residential uses for farm family purposes will be considered depending on soil and site conditions. Non-farm development should be confined to existing zoning within one mile of the eastern corporate limit of Iowa City and should develop in a manner consistent with the anticipated limited annexation of this area. Additional land for industrial use has been identified in the triangular area east of the corporate limits and bounded by the railroad tracks on the north and the local road on the south. Implementation: 1. All rezoning requests will be policies established for Area 5. reviewed for conformance with the Residential development will be discouraged for industrial use and screening provisions County's industrial performance standards. in the area identified will be added to the Page 4 CURRENT 3. City Urban Design standards will be imposed for any development within one mile of Iowa City's eastern limits. County and City Rural Design standards will be applied to any residential development beyond one mile of Iowa City's limits. regulate eastern Annexation requests within one mile of Iowa City's corporate limits will be considered at such time as City services can be provided. 6 Policy Agricultural use is preferred. Residential uses for farm family purposes will be considered depending on soil and site conditions. Development of existing residential zoning should be limited by the capacity to provide municipal services. Implementation: 1. Requests to fezone land will be policies established for Area 6. reviewed for conformance with the City Urban Design standards will be imposed for any development within one mile of Iowa City's southern limits. County and City Rural Design standards will be applied to regulate any residential development beyond one mile of Iowa City's corporate limits. Annexation requests within one mile of Iowa City's corporate limits will be considered at such time as City services can be provided. 7 Policy Continued agricLLltural use is the preferred use in Area 7. A subarea of Area 7 is defined by the watershed line between the Willow Creek and Old Man's Creek drainage basins and by Highway 1. This subarea will be evaluated for annexation as development proceeds. Limited residential development will be considered in the rest of AIea 7 where County services can be provided most effectively. Ln]plementation: 1. All zoning requests will be reviewed for conformance with the policies established for Area 7. Residential sundivisions proposed in the subarea of Area 7 shall conform to City Urban Design Standards. Limited residential development which does occur outside the subarea will be required to comply with County and City Rural Design stan- dards. Page 5 CURRENT 4. Annexation requests within the subarea may be considered as develop- ment Proceeds and City services can be Provided. No annexation of the rest of Area 7 is anticipated in the three Year review Period. Policy Develof:ment in Area 8 will consist Primarily of co~nercial and light industrial uses subject to certain standards. Any ImPlenentation: 1. That Portion of Area 8 east of U.S. Highway 218 will be incorPorated into Iowa City by annexation. 2. Planned Commercial Development standards will be developed and adopted by the County. 3o Provisions for screening between co~aercial or industrial development and residential development wil be adopted for develo~ents in the County. 4. No annexation of areas west of U.S. Highway 218 is anticipated in the ~lree Year review ~eri~d. Policy which are not serviceable should remai~c.~pal services. ~ortions of Those areas ImPlementation: in agricultural use. 1. Interim Development (ID) zoning of most of Area 9 is anticipated until such time as City services are available. 2. City Urban Design Standards shall apply to any development in Area 9. 3. Those Portions which cannot be served by City services considered for deannexation and will be Rural Design Standards. the application of County and City 4. Hunters ~ Subdivision will be retained within the corporate subject to review of the su]zdivision in 1985. SECTION I!. limits ADMINISTRATIVE POLICIES The Parties accept and agree to the following administrative Polices: Zoning regulation as a rule is the regulation in these areas county,s Prerogative however affect be · ire rule of . · th u:lus cities Each of tlon is Page 6 CURRENT need for coordination and joint administration. To that end, the City and the County agree to the following procedures for administration of land use regulations. A. Zoning Regulation: Zoning regulation for all unincorporated territory will remain under the authority of the Johnson County Zoning Ordinance and the provisions of Chapter 358A, Code of Iowa. Implementation of measures outlined in this agreement which call for rezoning of specific areas or the adoption of new regulations will be undertaken within the 3 year review period of this Agreement. Each request for zoning of property within Areas specified in this 2~3reement will be forwarded to the City for review and conment prior to the public hearing before the County Zoning Commission. Any zoning change will conform with the policies identified for the Area in which the requested change is located. B. Sulx]ivision Regulation: Subdivision of land within the 2 mile extraterritorial jurisdic- tion will be required to conform to either the Rural Design Standards of the City and of the County or City Urban Design Standards in accordance with the Area Policies and Implementation Measures specified in this Agreement. Persons wishing to subdivide land within the Areas specified in this Agreement shall be required to file, at the same time with beth the City and the County, a sul3division application, the processing of which shall be coordinated to ensure concurrent review by both the City Planning and Zoning Commission and the County Zoning Cute~mission. 3. Subdivisions of land into less than three lots will continue to be regulated by the County. C. Annexation: Iowa City will annex territory only in accordance with the Policy Statements and Implementation Measures specified in this Agree- ment o Requests for annexation or severance of property within the Areas specified in this Agreement will be forwarded to the County, upon receipt of the application by the City, for review and conment prior to consideration by the Iowa City Planning & Zoning C<mmlission. Page 7 CURRENT SECTION III. The Q'hair of the Johnson County Board of Supervisors ~jlall initiate a review of the Area Develo~ent Policies and Implementation Measures and the Administrative Policies every three (3) years during the term of this agreement by contacting the Mayor of Iowa City and both .oarties to this Agreement shall consider mcdifications of fhis agreemenu, in accordance with the review, as appropriate. This agreement shall become effective upon acceptance and execution of the parties, and shall be in effect until January. 1, 2005 (21 years). ~lis agreement may be modified and extended by the written mutual consent of the parties. SECTION V. This agreement shall be filed with the Secretary of the State of Iowa, and with the Johnson County Recorder in compliance with Chapter 28E, Code of TOwa o . Dated .this _2ath day of December , 1983. A~'r,-'ST: /~ ~ ~ County Auditor Dated this Z~** day of ~,~.,.__ , 1983. CITY OF IC~TA CITY City Clerk Page 8 CURRENT APPENDIX - Definition of Standards City Urban Design Standards Those standards imposed on any subdivision within the corporate limits of Iowa City and enumerated in Section 32-54 to 32-60 of ~he Municipal Cede of Iowa City. City Rural Design Standards 1.0 Streets 1.1 Streets shall be designed for a minimum of 22 foot wide surface. Curb and gutter will not be required. The right-of-way for local streets without curb and gutter shall be 60 feet in order to enable retrofit of sewer,water, and sidevalk in the future as necessary; otherwise, the right-of-way for local streets with curb and gutter and storm sewer shall be 50 feet. The right-of-way for arterial, industrial, and collector streets for the developed area shall be determined in conjunction with the Planning and Zoning C(~m~issiono 1.3 The maximtma street grade for local streets shall be 12%. 1.4 The pavement cross section for all pavements will be a 2% parabolic crown. This cross slope is equivalent to 1/4 inch per foot. 1.5 The pavement slab shall be constructed of 6" rolled stone base and chipseal surface 22' wide. 1.6 Minimum corner radius shall be 20 feet. The minimum ditch grade shall be 1.0%. In addition, it will be necessary to place a 12 inch diameter (minimum) culvert, either reinforced concrete pipe or corrugated metal pipe, through all drive approaches constructed over a drainage ditch. The exact size of pipe required will be a function of the area to bedrained. 1.8 Drive approaches shall be hard surfaced within the right-of-way. 2.0 water Distribution System well(s) shall conform to the requirements of the Johnson County Health Department and the distribution system, if installed, (water main) shall be either ductile cast iron pipe (ANSI A21.50 manufac- tured in accordance with ANSI A21.50) or poly vinyl chloride pipe (PVC-ASTM D1784, Type 1, Grade 1, 200 psi design stress and SDR of 17 or less). Page 9 CURRENT It shall be the responsibility of the Developer's Engineer to establish a fire rating for the area being developed. Prior to plat approval there shall be a letter of transmittal from the appropriate Fire Protection District approving spacing, location, number of fire hydrants, size of mains, pressure, etc. Connection to the City of Iowa City Distribution System is subject to Council consideration based on availability. Generally, annexation is a criteria which must be met. Sanitary Sewer The following methods of sanitation will be acceptable: A. Septic Tanks: Septic tanks shall conform to the requirements of the Johnson County Department of Health. Lagoons: Considering the Fossibility of the collection system (sewer pipes) connecting to the City sewer sometime in the future, said collection system shall conform to Section VI (Sanitary Sewers) of the Design Standards for Public Works Improvements in Iowa City, Iowa. Lagoons shall conform to the requirements of the Department of Envirorraental Quality (DEQ). Sewer Mains: All sewer mains shall conform to Section VI (Sanitary Sewers) of the Design Standards for Public Works Improvements in Iowa City, Iowa. Storm Sewers The Storm Water Management Ordinance shall apply to new developments located outside the City limits of Iowa City but within the two mile extraterritorial limit except Old Man's Creek watershed. All storm sewers shall conform to revised Section VII (Storm Sewers) of the Design Standards for Public Works Improvements in Iowa City, Iowa. Culverts shall be a minim~n of 12 inches in diameter; either rein- forced concrete pipe or corrugated metal pipe (minimtEn gauge 18 and corrugations 2 'X1/2", 2-2/3"Xl/2", end 3"Xl") shall ~e used. Culverts shall conform to t~he Standard Specifications for Highway and Bridge Construction, Series of 1977. Minimien cover over ~he top of culvert shall be six inches. Underground Utilities Whenever a subdivision shall be laid out such that a new street is rGgaired, telephone and electric utilities shall be underground. It is not intended that small suk~divisions which would use an existing county road would follow this requirement since overhead utilities are probably directly adjacent to the property. · I z ., ;, :--x Li CURRENT FRINGE AREA POLICY AGREEMENT BETWEEN jOHNSON COUNTY, IOWA AND IOWA CITY, IOWA - AMENDMENT I This agreement is entered into pursuant to Chapter 28E of the Code of Iowa by and between johnson County, Iowa, a municipal corporation, and the City of Iowa City, Iowa, a municipal corporation, to wit: WHEREAS, the County and the City adopted an agreement in December, 1983, to guide the development of land within the twoomile extraterritorial jurisdiction of Iowa City; and WHEREAS, that agreement provided for the periodic review and amendment of the agreement; and WHEREAS, the City and the County have mutually agreed that development pressures in Area 4 require reconsideration and amendment of the develop- ment policy for all o~ part of Area 4; and WHEREAS, agreement has been reached on an amendment to address development in part of Area 4 along Rapid Creek Road. NOW, THEREFORE, the parties hereto, do agree for themselves and their respective successors to the following amended policy for Area 4: AREA 4 Pol icy A limited amount of residential development on the properties with direct frontage or access on Rapid Creek Road will be permitted. On other property within Area 4 with access out to Highway 1 and access to gravel surface roadS, residential development should be discour- aged, and encouraged to take place in Area 3 and other parts of the County zoned for residential development. Agricultural use is the preferred use on these other properties; residential uses for farm family purposes will be considered depending on soil and site condi- tions. Residential growth along Rapid Creek Road will be guided by perform- ance standards designed to: 1. Keep County road maintenance costs and other services at an ac- ceptable level; 2. Preserve the rural Character of the area; 3. Conserve prime agricultural land for farm use; 4. Minimize conflict between residential development and existing farm uses; and -2- CUR~T 5. A~lOw for the protection of environmentally sensitive areas, such as steep slopes, wetlands and lorested areas. Actual development of individual sites along Rapid Creek ROad will be accomplished by matching these standards to the specific land charaCo teristics, including road access safety, steep slopes, floodplains, woodlands, existing agricultural uses and prime farmland. County service level limitations, primarily road service capacity, should provide an overall basis for setting the density standards in the area. Along Rapid Creek Road large lots will not be required. Where the tracts of land being considered for subdivision are large enough, the performance standards could be facilitated through the clustering of smaller building lots. Clustering is a development design technique that concentrates buildings in specific areas on the site to allow the r~aining land to be used for recreation, common open space, conserva- tion of prime ag land and preservation of environmentally sensitive areas. The common open space created through the clustering process could be secured through the use of restrictive covenants Obtained as a part of a conditional zoning process. Implementation: Implementation of this policy for development along Rapid Creek Road will require amendment of the County Zoning Ordinance. This amendment could be accomplished by adding a new section on planned residential development, which incorporates the use of performance standards, site plan review and elements of conditional zoning, or by use of overlay provisions. 2. The density for development of lots having frontage on or access to Rapid Creek Road should be one dwelling unit per three acres. 3. All zoning requests will be reviewed for conformance with the policies established for Area 4. 4. Development of existing zoning within Area 4 will be required to comply with County and City Rural Design standards. 5. No annexation of this area is anticipated in the next three year review period. ,'his amendment to the agreement Shall State of Iowa, and with the Johnson Chapter 28E, Code of Iowa. be filed with the Secretary of the County Recorder in compliance with CURRENT Dated this day of , 1986. Chairm rvisors l~ounty Auditor, Dated this/l day of C ~'7/o~- , 1986. CITY OF IOWA CITY Attest: C~ j~' '~ CURRENT RESOLUTION NO. 87-168 RESOLUTION AUTHORIZING THE )lAYOR TO SIGN HID THE CITY CLERK TO ATTEST AN AGREEMENT BEBIEEN JOHNSON COUNTY, IOWA, AND IOWA CITY, IOWA, AMENDING THE DEVELOPMENT POLICY FOR AREA 4 OF THE JOHNSON COUNTY/IOWA CITY FRINGE AREA POLICY AGREEMENT. WHEREAS, in December, 1983, pursuant to Resolution 83-404, the City Council of Iowa City entered into an agreement with the Board of Supervisors of john- son County under authority of Chapter 28E of the Code of Iowa which sets forth development policies for designated areas within the two-mile extrater- ritorial jurisdiction of Iowa City; and WHEREAS, Resolution 86°308 authorized amendment of that Agreement to provide a new development p~l icy for properties fronting on Rapid Creek Road; and WHEREAS, the City and the County have mutually agreed that development pres- sures in Area Four east of Highway 1 justify reconsideration of the policy to provide for limited residential development in all of that portion of Area Four east of Highway 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY THAT: The Mayor is authorized and directed to sign and the City Clerk to attest the attached amendment to the Fringe Area Policy Agreement between John- son County and Iowa City, establishing a policy which permits limited residential development at a density of one dwelling unit/three acres for properties in Area Four east of Highway 1. 2. The City Clerk is directed to cause the Amendment to be recorded and filed with the Secretary of State, as required under Cede Chapter 28E. It was moved by .McDonald and seconded by the Resolution be adopted, and upon roll call there were: Dickson AYES: NAYS: ABSENT: Ambrisco Baker Courthey Dickson McDonald Strait Zuber Passed and approved this 14th day of July , 1987. T CURRENT FRINGE AREA POLICY AGREEMENT BETWEEN JOHNSON COUNTY, IOWA AND IOWA CITY, IOWA - AMENDMENT II This agreement is entered into Pursuant to Chapter 28E of the Cede of Iowa by and between JOhnson County, Iowa, a municipal corporation, and the City of Iowa City, Iowa, a municipal corporation, to wit: WHEREAS, the County and the City adopted guide the development of land within the tion of Iowa City; and an agreement in December, 1983, to two-mile extraterritorial jurisdic- WHEREAS, that agreement provided for the periodic review and amendment of the agreement; and WHEREAS, the City and the County have mutually agreed that development pres- sures in Area 4 require reconsideration and amendment of the development policy for Area 4; and WHEREAS, the development policy for a portion of Area 4 along Rapid Creek Road was amended October 15, 1986; and WHEREAS, after due deliberation the Johnson County Board of Supervisors and the City Council of Iowa City have determined that a similar development policy' is appropriate for all of Area 4 east of Highway 1. NOW, THEREFORE, the parties hereto, do agree for themselves and their respec- tive successors to the following amended policy for Area 4: AREA 4 Policy A limited amount of residential development will be permitted on those properties east of Highway 1. Agricultural use is the preferred use on any of those properties v/nich do not meet the standards noted below and on properties west of Highway 1; residential uses for farm family pur- poses will be considered on these properties. Residential development will be guided by the following standards: 1. The development will not require construction or reconstruction of a public road by the City or the County. 2. The proposed development will not have a negative impact on sur- rounding properties. 3. Conflicts between residential development and existing farm uses should be minimized. ' 4. The development should allow for the protection of natural areas such as steep slopes, wetlands and forested areas. 2 CURRENT [mpl amen ration: 1. The density for development of lots should be one dwelling unit per three acres. Implementation of this policy will require mendment of the County Zoning Ordinance. This amendment could be accemplished by adding a new section on planned residential development, which incorporates the use of standards and site plan review and provides a zone cate- gory to implement the one unit per three acre density. 3. All zoning requests will be reviewed for conformance with the poli- cies established for Area 4. 4. Development of existing zoning within Area 4 will be required to comply with County and City Rural Design Standards. 5. No annexation of this area is anticipated in the next three year review. Where the tracts of land being considered for development are large enough, the Standards for rezoning may be implemented through the clustering of small building lots according to Section 10 of the johnson County SubdiviSion Regulations. Clustering is a development design technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, con~non open space, conservation of farmland and preservation of natural areas. This amendment to the agreement shall be filed with the Secretary of the State of Iowa, and with the Johnson County Recorder in compliance with Chap- ter 28E, Code of Iowa. JOHNSON COUNTY 3 CURRENT Oated this [4th d~y of July , 1987. CITY OF IOWA CITY RESOLUTION NO. 87-285 CURRENT RESOLUTION AUTHORIZING THE MAYOR TO SiGN AND THE CITY CLERK TO ATTEST AN AGREEWENT BETWEEN JOHNSON COUNTY, IOWA, ANO IOWA CITY, IOWA, AMENDING THE DEVELOPMENT STANDAROS FOR SUBDIVISIONS WITHIN THE JURISDICTION OF THE JOHNSON COUNTY/IOWA CITY FRINGE AREA POLICY AGREEMENT. WHE.~EAS, in December, 1983, pursuant to Resolution 83-404, the City Coun- cil of Iowa City entered into an agreement with the Boaro of Supervisors of Johnson County under authority Of Chapter 28E of the Code of Iowa which sets forth development policies for the two-mile extraterritorial juris- · diction of Iowa City; and WHEREAS, said agreement provides for amendments as necessary; and WHEREAS, the City and the County have mutually agreed that the development standards for subdivisions within the fringe area should be directly related to the anticipated annexation of any portion of the fringe area. NOW, THEREFORE, BE IT RESOLVED 8Y THE CITY COUNCIL OF IOWA CITY THAT: The Mayor is authorized and directed to sign and the City Clerk to attest the attached amendment to the Fringe Are~ Policy Agreement ~etween Johnson County and Iowa City, establishing a policy whereby t~e etahoards used for the design of roaos in ~ubdivisions under the jurisdiction of said agreement shall r=_late to t~e ~ote~:ial annexa- tion Of t~e SuP~i'/ision to Iowa City. The City Clerk is Oirects~ to cause the ~mendment to be recorded and fi!e~ with the Secretary of State, as require~ unGer Cc~e Chapter 28E. was moved by ~icDonald and seconded by tlon O~ adcpted, ano upon roll call there were: Zuber the Resolu- AYES: NAYS: ABSE~?: X × X AMBR!SC3 BAKER COURT~EY DiCXSON MCOONAL3 STrAiT ZU~E~ and aOOro'/~d this l~th day of .~ovember , ~:o= CURRENT FRINGE AREA POLICY AGREEMENT JOHNSON C3UrlTY, IOWA, AND IOWA CITY, IOWA 'h~s Agreement is entered into pursuant tO Chapter 28E of the Code of Iowa 3/and between johnson County, Iowa, a municipal corporal!on, ano the City af Iowa City, Iowa, a municipal corporation, to-wit: ~HEREAS, the County and the City adopted an agreement in December, 1983 to guide the development of land within the two-mile extraterritorial juris- diction of Iowa City; and WHEREAS, that agreement provided for the periodic review and ~endment of the agreement; and WHEREAS, the City and the County have mutually agreed that the developmen~ standards for subdivisions within the fringe area should be directly related to the anticipated annexation of any portion of the fringe area. NOW, THEREFORE, the parties hereto, do agree for themselves and their respective successors to the following amended policy: STANDARDS: Fcr all areas, the following design susersede any previously stated street ti~n" sections of the Area Policies. standards shall apoly and Shall s;an~ards under the "[mpiementa- Lezel 1. Full City street standards shall be applied to areas vmich have ~te potential for annexation (less than five yearS). This means an dr:an crOss-Section with s;reet COnstructiOn Of full depth concrete 2S ~e~s w~de for local streets and 3i feet for collector streets. All tele- pncne ana electric utility service lines shall be underground. Level Z. A minimum rural development standard for streets shall apply to :nose areas for future potential annexation (5-10 years). This entails a ~-jral cross-section wi;h a three inch compacted Stone base ano chipseal surface 22 feet wide. :_! , p y ;o Le = 3. Present County local street improvement standards she! a a!, ai~ ocher areas within the two-mile fringe of ~owa City. Depending upon :~e aum8er of residential prooerties ;o be served, the current Coun;y s%andard is three inches of crushed rock either 29 or 2~ feet wide. T~:s ~mendmen; ;o the AgreemenC shall be filed with Secretary of the S;a~e of ~owa, and with the johnSOn County Recorder in ccmoliance wi~h Chapter 23S, Code of Iowa. CURRENT Oate~ this 19th day of ~ovember , 1987. JOHNSON COUNTY (~a~.r~an, I)oara :Of. Supervisors PROPOSED PROPOSED FRINGE AREA POLICY AGREEMENT BETWEEN JOHNSON COUNTY AND IOWA CITY PROPOSED WHEREAS, Chapter 354, Code of Iowa (1993) allows the City of Iowa City to establish an extraterritorial area, known as the fringe area, within two miles of the city boundaries for the purpose of reviewing and approving subdivisions; and WHEREAS, Chapter 354 further grants the City the authority to require that subdivisions within the fringe area adhere to the City's subdivision standards and conditions, unless the City establishes alternative standards and conditions for review and approval of subdivisions via a 28E agreement between the City and the County; and WHEREAS, Chapter 28E of the Code of Iowa (1993) enables two or more local governments to enter into agreements to cooperate for their mutual advantage; and WHEREAS, the Development Policy for Rural Johnson County adopted January, 1979, calls for the preparation and adoption of development plans and agreements between the County and the City regarding the municipality and its environment; and WHEREAS, the Iowa City Comprehensive Plan Update adopted in January, 1989, and amended through March, 1993, outlines the extent of urban development expected within the next 20 years; and WHEREAS, it is in the interest of Johnson County and the City of Iowa City to establish policies for the orderly growth and development within the City's fringe area; and WHEREAS, Johnson County and the City of Iowa City mutually agree that such policies are necessary to more effectively and economically provide services for future growth and development and to protect and preserve the fringe area's natural resources and its environmentally sensitive features. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: SECTION I. FRINGE AREA DEVELOPMENT POLICIES The parties accept and agree to the following development policies regarding annexation, zoning, and subdivision review for the Iowa City fringe area as authorized by Chapter 354, Code of Iowa (1993). The Fringe Area Policy Agreement is intended to provide for orderly and efficient development patterns appropriate to a non-urbanized area, protect and preserve the fringe area's natural resources and environmentally sensitive features, direct development to areas with physical characteristics which can accommodate development, and effectively and economically provide services for future growth and development. In light of these objectives, the City and the County examined the development capabilities of the Iowa City fringe area and determined that development within this fringe area is to occur in accordance with a) the Land Use Plan attached to this Agreement, b) development standards contained in Section B of this agreement, and c) the fringe area development policies contained in Section C of this Agreement. -2- PROPOSED (3/24/95) A. Land Use Plan The Land Use Plan, attached to this Agreement as Attachment 1, illustrates the land use patterns fo; the fringe area. B. Development Standards The following standards apply to unincorporated development in the fringe area. Discourage development in areas which conflict with the Johnson County Comprehensive Plan which considers CSR (Corn Suitability Rating), high water table, wetlands, floodplain, non-erodible soil, and road suitability. Promote development on hard surfaced roads; rely on agreements with developers to assume the cost of maintaining and upgrading existing county roads; and impose impact fees or establish special assessment districts to assure that adequate infrastructure is in place and is maintained to serve development. Protect the public health by requiring developers to meet or exceed minimum construction standards for water and wastewater systems in all developments within the Iowa City Fringe Area. The Johnson County Board of Health's criteria for Evaluating Water Wells in Proposed Subdivisions in effect at the time a developer seeks subdivision approval will be the guiding document in evaluating proposed water systems. All new developments must become part of the Johnson County Onsite Wastewater Management District and adhere to the City of Iowa City's Wastewater Treatment and Disposal System Policy. Promote cluster development which preserves large tracts of open space including environmentally sensitive areas and farm land; results in compact development which requires less infrastructure and is more efficient for provision of services. C. Fringe Area Development Policies The parLies agree to apply the following fringe area development policies. FRINGE AREA A (FORMERLY AREAS 2, 3 AND 4) Permit residentia! development by considering, on a case-by-case basis, proposals to rezone land in this area to RS-3 (one dwelling unit per three acres of lot area) provided all new subdivisions conform to the County's requirements for clustered developments contained in Appendix B. Lots shall not exceed one (1) acre in size ,except where the City and County agree that one (1) acre lots do not provide a suitable building site. In such locations, lots up to 1,25 acres in size may be approved. Development must comply with City Rural Design standards contained in Appendix A. If land is annexed within Fringe Area A, the City agrees that it will not automatically extend its fringe area authority to review and approve all subdivisions which it exercises pursuant to Iowa Code §354.9 and Title 14, Chapter 7 of the City Code of the City of Iowa City, Iowa. The City will review the extension of its fringe area as a result of annexation on a case-by-base basis in consultation with Johnson County. -3- PROPOSED (3~24~95) FRINGE AREA B (FORMERLY AREAS 5 AND 6) As set forth in Iowa City's recently adopted growth policy, the City will likely annex land within one mile of Iowa City to the east and within two miles of Iowa City to the south in the short-range. It is therefore consistent with the purpose of this agreement not to approve rural subdivisions within these areas of high annexation potential. As applications are received to develop land contiguous to and within the growth limits of the city, the City will give favorable consideration to the voluntary annexation of this land and its development at an urban density in conformance with the City's recently adopted land use plan for Fringe Area B (Attachment 2). Subdivisions within Iowa City's projected growth area shall conform to urban design standards contained in Title 14, Chapter 7 of the City Code of Iowa City, including but not limited to City specifications for streets and roads, sanitary sewer lines, stormwater management facilities and water lines. Developments which are approved prior to annexation shall be required to be served by a package sanitary sewer treatment plant and common wells in addition to sanitary sewer and water systems which are constructed to City standards and capped. Subdivisions which are approved prior to annexation shall be required to adhere to the County's requirements for cluster developments. Lots shall not exceed one (1) acre in size, except where the City and County agree that one (1) acre lots do not provide a suitable building site. In such locations, lots up to 1.25 acres in size may be approved. Prior to annexation, any zoning changes in Iowa City's projected growth area shall be consistent with the City's recently adopted land use plan for Fringe Area B (Attachment 1 ). On all properties outside Iowa City's projected growth area, agricultural uses are preferred. This means that land will not be rezoned to permit non-farm development. Consideration will be given to applications for single-family residential (RS or RS-3) development beyond a farmstead, provided the site is a) a minimum of one acre in size and a maximum of three acres in size, b) part of an Aol zoned parcel which is a minimum of 40 acres in size, and c) in conformance with the County's development standards. A maximum of one parcel of 1-3 acres in size per 40+ acre tract will be rezoned to RS or RS-3 to permit construction of one single-family residential dwelling provided it meets the County development standards. Upon annexation of land within Fringe Area B, the City agrees that it will not automatically extend its fringe area authority to review and approve all subdivisions which it exercises pursuant to Iowa Code §354,9 and Title 14, Chapter 7 of the City Code of the City of Iowa City, Iowa. The City will review the extension of its fringe area as a result of annexation on a case-by-base basis in consultation with Johnson County. FRINGE AREA C (FORMERLY AREAS 1, 7 AND 8) Land in Area C which is presently zoned for residential development, and within Iowa City's growth area, may develop in conformance with existing zoning, provided subdivisions shall conform to urban design standards contained in Title -4- PROPOSED (3/24/95) 14, Chapter 7 of the City Code of Iowa City, including but not limited to City specifications for streets and roads, sanitary sewer lines, stormwater management facilities and water lines. Developments which are approved prior to annexation shall be required to be served by a package sanitary sewer treatment plant and common wells in addition to sanitary sewer and water systems which are constructed to City standards and capped, Subdivisions which are approved prior to annexation shall be required to adhere to the County's requirements for cluster developments. Lots shall not exceed one (1) acre in size, except where the City and County agree that one (1) acre lots do not provide a suitable building site. In such locations, lots up to 1.25 acres in size may be approved. Upon annexation to Iowa City, commercial and/or industrial development is encouraged in the portion of Section 20 of West Lucas Township that is located in the east and south quadrants of the Highway I and Highway 218 interchange. It is therefore consistent with the purpose of this agreement not to approve commercial and/or industrial developments within this area prior to annexation. As applications are received to develop land contiguous to Iowa City and within this portion of the City's growth limits, the City will give favorable consideration to the voluntary annexation of this land and its development for commercial and/or industrial uses consistent with urban development patterns. In the portions of Area C which are not within Iowa City's growth area and which are zoned for non-farm development, development may occur but only in conformance with the County's cluster subdivision requirements. Development must comply with City Rural Design Standards. The land in Area C currently zoned A-l, Rural, will not be rezoned for non-farm purposes unless: a) b) the land is annexed to Iowa City, or for residential purposes, the site (1) is a minimum of one acre in size and a maximum of three acres in size, (2) is part of an A-1 zoned parcel which is a minimum of 40 acres in size, and (3) conforms with the County's development standards, A maximum of one parcel of 1-3 acres in size per 40 + acre tract will be rezoned to RS or RS-3 to permit construction of one single-family residential dwelling provided it meets the County development standards, Upon annexation of land within Fringe Area C, the City agrees that it will not automatically extend its fringe area authority to review and approve all subdivisions which it exercises pursuant to Iowa Code §354.9 and Title 14, Chapter 7 of the City Code of the City of Iowa City, Iowa. The City will review the extension of its fringe area as a result of annexation on a case-by-base basis in consultation with Johnson County. -5- PROPOSED {3/24/95) SECTION II. ADMINISTRATIVE POLICIES As a rule, zoning regulation is the county's prerogative if a county has adopted a zoning ordinance. The City, however, exercises authority over subdivision regulation in a city's fringe area. Annexation is also primarily under exclusive rule of cities. Each of these activities, however, affects both jurisdictions and produces a clear need for coordination and joint administration. To that end, the City of Iowa City and Johnson County agree to the following procedures for administration of land use regulations. A. Zoninq Requlation: Zoning regulation for all unincorporated territory will remain under the authority of the Johnson County Zoning Ordinance and the provisions of Chapter 335, Code of Iowa (1993), the enabling legislation for the County's zoning powers. The County will forward each request for rezoning of property within the Fringe Areas specified in this Agreement to the City for review and comment prior to the public hearing before the County Zoning Commission. Any zoning change will conform with the policies identified for the Area in which the property is located. B. Subdivision Requlation: Subdivision of land within Iowa City's fringe area will be required to conform to either City Rural Design Standards or the City Urban Design Standards in accordance with the policies specified in this Agreement. Persons wishing to subdivide land within the fringe area specified in this Agreement shall be required to simultaneously file a subdivision application with both the City and the County. The City and the County shall coordinate the. processing of the application to ensure concurrent review by both the City Planning and Zoning Commission and the County Zoning Commission. Subdivisions of land into less than three lots will continue to be regulated by the County. C. Annexation: Iowa City will annex territory only in accordance with the policy statements specified in this Agreement. The City will, upon receipt, forward applications requesting annexation or severance (deannexation) of property within the fringe area specified in this Agreement to the County for review and comment prior to consideration by the Iowa City Planning and Zoning Commission. SECTION III. AGREEN]ENT REVIEW Every three (3) years during the term of this Agreement, either the Chair of the Johnson County Board of Supervisors or the Mayor of the City of Iowa City shall initiate review of the policies of this Agreement by contacting the other party to this Agreement. Both parties to this Agreement shall consider modifications of this Agreement, as appropriate. - 6 - PROPOSED (3/24195) SECTION IV, EFFECTIVE PERIOD This Agreement shaft become effective upon acceptance and execution by the parties, and shall be in effect until (21 years). This Agreement may be modified and extended by the written mutual consent of the parties. SECTION V. RECORDATION This Agreement shall be filed with the Secretary of the State of Iowa, and with the Johnson County Recorder in compliance with Chapter 28E, Code of Iowa (1993). Dated this day of ,1995. JOHNSON COUNTY By: Approved by: Chairperson, Board of Supervisors Attest: County Auditor County Attorney's Office Dated this day of ,1995. By: Mayor Attest: City Clerk ATTACHMENTS: CITY OF IOWA CITY Approved by: City Attorney's Office 1. Proposed Land Use Map for the Iowa City Fringe Area. 2. Figure 1: Fringe Area B (formerly Areas 5 and 6) Land Use Plan. 3. Appendix A: Definition of Standards 4. Appendix B: Cluster Subdivision Regulations ppdadmin~frarea3.ptp .... Fringe Area -': ILara~t Use Map ~ ' LEGEND · ' ~ Residenti~l(R$ or RS3) ~ ~ Agricultural FOLLOWING 18 ,,e,, ,,e,, 4, BEST DOCUMENT AVAILABLE LAND USE CONCEPT PLAN " ~ PROPOSED pROPOSED APPENDIX A Definition of Standards City Urban DesiGn Standards: Those standards enumerated in Title 14, Chapter 7 of the City Code of Iowa City which the City imposes on any subdivision within the corporate limits of Iowa City. City Rural Design Standards: 1.0 Streets 1.1 Streets shall be designed for a minimum surface width of 22 feet. Curb and gutter will not be required. 1.2 The right-of-way for local streets without curb and gutter shall be 60 feet to enable retrofit of sewer, water, and sidewalk in the future as necessary; otherwise, the right- of-way for local streets with curb and gutter and storm sewer shall be 50 feet. The right-of-way for arterial, industrial, and collector streets for the developed area shall be determined in conjunction with the Planning and Zoning Commission. 1.3 The maximum street grade for local streets shall be 12%. 1.4 The pavement cross section for all pavements will be a 2% parabolic crown. This cross slop~ is equivalent to ~-inch per foot. 1.5 The pavement slab shall be constructed of a 6" rolled stone base and a 22-foot wide chipseal surface. 1.6 Minimum corner radii shall be 20 feet. 1.7 The minimum ditch grade shall be 1 .O%. In addition, it will be necessary to place a 12-inch diameter (minimum) culvert, either reinforced concrete pipe or corrugated metal pipe, through all drive approaches constructed over a drainage ditch. The exact size of pipe required will be a function of the area to be drained. 1.8 Drive approaches shall be hard surfaced within the right-of-way. 2.0 Water Distribution System 2.1 Well(s) shall conform to the requirements of the Johnson County Health Department and the distribution system, if installed, (water main) shall be either ductile cast iron pipe (ANSI A21.50 manufactured in accordance with ANSI A21.50) or poly vinyl chloride pipe IPVC-ASTM D1784, Type 1, Grade 1,200 psi design stress and SDR of 17 or less). 2.2 It shall be the responsibility of the Developer's Engineer to establish a fire rating for the area being developed. Prior to plat approval, there shall be a letter of transmittel frorr~ 2 PROPOSED the appropriate Fire Protection District approving spacing, location, number of fire hydrants, size of mains, pressure, etc. 2.3 Connection to the City of Iowa City Water Distribution System is subject to City Council consideration based on availability. Generally, annexation is a criterion which must be met. 3.0 Sanitary Sewer All methods of sanitation shall conform to the 1989 Johnson County Board of Health Rules and Regulations Governing On*site Wastewater Treatment and Disposal Systems and to the 1990 iowa City Wastewater Treatment and Disposal System Policy. 4.0 Storm Sewers 4.1 With the exception of developments located in the Old Man's Creek watershed, the City Storm Water Management Ordinance shall apply to new developments located outside the City limits of Iowa City but within the City's fringe area. 4.2 All storm sewers shall conform to revised Section VII (Storm Sewers) of the Design Standards for Public Works Improvements in Iowa City, Iowa. 4.3 Culverts shall be a minimum of 12 inches in diameter; either reinforced concrete pipe or corrugated metal pipe (minimum gauge 18 and corrugations 2'x ~ ", 2~/a"x~ ", and 3"xl ") shall be used. Culverts shall conform to the Standard Soecifications for Hiqhwav and Bridge Construction, Series of 1977. Minimum cover over the top of culvert shall be six inches. 5.0 Undereround Utilities 5.1 Whenever a subdivision shall be laid out such that a new street is required, telephone and electric utilities shall be underground. It is not intended that small subdivisions which would use an existing county road would follow this requirement since overhead utilities are probably directly adjacent to the property. pROPOSED APPENDIX B 8:1.22: Cluster Subdivision Regulations X. Cluster Subdivisions. Purpose: This article is intended to permit the development of cluster subdivisions in which buildings and dwellings are grouped together. The concept of clustering will provide for a flexibility in subdivision design to fit the natural characteristics of the land and will permit more usable open space, common ground and recreational areas. The provisions of this article shall not be construed to apply to any other article of chapter 8:1. However, all other articles of chapter 8:1 apply to cluster subdivisions unless exempted by this article. Exceptions and Applications: The district requirements may be varied provided that adequate open space shall be included to insure that the average land area per family dwelling shall be equal to or greater than that permitted for the district in which the development is located. The following provisions apply: Open space, common ground, or recreational areas shall be provided forthe use and benefit of the family dwelling units in the development. All cluster lots must abut or have direct access to open space, common ground, or recreational areas. The total land area of the development divided by the ~otal number of family dwelling units provides an average land area per family dwelling unit. Total land area of the development shall include all open space, common ground, and recreation areas, but shall not include land set aside for ponds and lakes within the subdivision, or the traffic surface area of subdivision roads. At no time shall approval be granted to developments which include lots containing less than 50 percent of the lot area required, unless such a development is in an RS-3 District. Developments in an RS-3 District may include lots containing less than 50 percent of the required lot area, but not less than one {1) acre, provided that such developments utilize a "public water supply system," as defined by Chapter 455B.1 71 (19), iowa Code (1987). All systems are to be considered public water systems, but when a development has less than fifteen (15) service connections or regularly serves less than twenty-five |25) individuals, permitting and monitoring will be in accordance with requirements prescribed by the JOhnson County Board of Health. Open Space Covenants: As a condition of approving the cluster subdivision and permitting exceptions to the standard subdivision requirements, the subdivider shall submit with his final plat a subdivider's agreement regarding the liability for and maintenance of the open space, common ground or recreation areas. ppdadrnin~subregs .a~)b City of iowa City MEMORANDUM Date: To: From: Re: October 6, 1995 Honorable Mayor Susan M. Horowitz and Members of the City Council Linda N. Woito, City Attorney ~ Sarah E. Holecek, Assistant City Attorney ~ Legal Options/Ramifications Regarding Fringe Area Agreement with Johnson County In light of the County's recent actions under the existing Fringe Area Agreement and in light of the County's indication that the proposed Fringe Area Agreement is unacceptable, several options are available to the City Council. ALTERNATIVES 1. Sue for Breach of Contract and Injunction As the Fringe Area Agreement is indeed a contract between the City and the County, common law contract principles apply to the current situation wherein the County has approved rezonings in derogation of the Agreement. Assuming the City Council and staff can cite "chapter and verse" of these contrary County actions, the City can file suit against the County for breach of contract, requesting either monetary damages or injunctive relief to order the County to stop violating the agreement. This option must, however, be able to meet the County's arguments of the City's failure to take legal action at an earlier date as a "waiver" of the City's rights, or a modification of the Agreement by course of conduct and acquiescence. The determination of whether a breach has actually occurred and whether the City acquiesced to the breach is a question of law for the Cour~ to decide upon the factual evidence presented at trial. A request for monetary damages requires the City to prove it has suffered actual, compensable monetary losses as a result of the County's actions-which seems a reach. Finally, a request for injunctive relief requires the City to prove that the City would suffer irreparable harm unless an injunction issued and there are no adequate remedies at law. This is not the best alternative. 2, Declaratory Judgment The City can also file suit against the County seeking a declaration of each party's rights, status and respective legal relations under the Fringe Area Agreement. In other words, the City can ask the Court to determine if the County's actions under the Fringe Area Agreement constitute a breach, to declare whether the Agreement is still viable and in force, and to establish the respective rights and obligations of the City and County under the Agreement. If, by order, the Court establishes the respective rights and obligations of the City and County under the Agreement, any action by either party in derogation of that order may be punishable by contempt. This is the best alternative, as it achieves the desired result of establishing whether the Fringe Area Agreement is still binding upon the City and County, and if so, determines the respective rights and obligations of each party thereunder. 3. Termination/Rescission If the City Council wishes to treat the County's actions as a substantial and material breach of the Agreement's terms, the City may notify the County that it intends to terminate or rescind the Agreement as of a time certain, after which the City will require full City design standards within the two-mile fringe area as provided under Iowa law. As the County's breach consists of approving rezonings in violation of the Agreemont, it would be impossible for the County to "cure" the breach, and thus an opportunity for such a "cure" would not be required. This option would "place the ball in the County's court" as to whether or not to accept the City's unilateral termination or seek judicial intervention. Should the County decide to litigate the issue of the City's unilateral termination, the City has several defenses and/or counterclaims, including a request for declaratory judgment as discussed above. Again, should the County seek judicial intervention due to the City's unilateral termination, the Court's determination would hinge on the issues of whether the County has fulfilled its promises and whether the Agreement should be declared valid, and to be followed by both parties, and whether the City's actions have effectively modified the agreement to the point that the contract has no legal effect and is, indeed, a nullity, The proposed fringe area agreement currently does not contain terms outlining the permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement as is required under Chapter 28E (1995). Should the Council choose to proceed with the proposed agreement, such terms should be included. MEMORANDUM Iowa City Fire Department DATE: TO: FROM: RE: October 6, 1995 Stephen J. Atkins, City Manager ~ Andy Rocca, Acting Fire Chief ~ Confined Space Rescue Program Funding On April 15, 1993, the Occupational Safety & Health Association's Confined Space Regulation 29 CFR 1910. 146 became effective. These procedures are a means of protecting the workers' health, and significantly reducing accidental injury and death associated with entering, working in, and exiting confined spaces. The procedures are designed not only to make the confined space safe for the worker, but also to make the worker aware of the hazards associated with this work area and the safe work practices necessary to deal with these hazards. PERMIT-REQUIRED CONFINED SPACE ENTRY As the name implies, a work permit is required prior to entry into a .permit space. Common types of spaces that would require permits include storage tanks, process vessels, silos, vaults, storage bins, hoppers, exhaust ducts, sewers, tunnels, and boilers. A space does not have to be enclosed to be considered a permit-required confined space. Pits, trenches, and vats, also fit the OSHA description since they may have limited means of entry and exit, are not intended for habitation, and could possess hazardous atmospheres. OSHA has determined that individuals who enter permit-required confined spaces are at significant risk of death or injury. Therefore, all permit-required confined spaces are to be considered dangerous until proven otherwise. The process of determining the hazard, dealing with the hazard, and safe entry and exit from this space is, in short, what confined space training is all about. A permit-required confined space means a confined space that has one or more of the following characteristics: a. Contains or has potential to contain a hazardous atmosphere. b. Contains a material that has the potential for engulfing an entrant. Has an internal design that could trap or asphyxiate an entrant by walls that converge inwardly, or by a floor that slopes downward and tapers to a smaller cross-section. d. Contains any other recognized serious safety or health hazard. Most permit-required confined spaces are not entered frequently. As the regulation states permit-required confined spaces are not designed for continuous occupancy. Usually these spaces are entered for inspection, cleaning, repair, or other routine tasks. From a safety standpoint, that's both good and bad. It is good since the hazards of permit space entry are encountered infrequently. It is bad from the standpoint of employee preparedness. Infrequent entry, oftentimes means a corresponding lack of readiness regarding familiarity with the required safety equipment, emergency rescue procedures, and the confined space itself. As you are aware, the Iowa City Fire Department does not currently have the resources available to provide permit-required confined space rescue. Last year, representatives from the fire department met with local industry to begin discussing a solution to permit-required confined space rescue. Due to the funding necessary to establish permit-required confined space rescue, talks between industry and the fire department stalled. Recently, University of Iowa officials have expressed a renewed interest in utilizing the Iowa City Fire Department as their permit-required confined space rescue team. It is my belief that their need is exacerbated by a recent OSHA citation they received for lack of a permit-required confined space rescue team. In previous discussions with you, I recommended that the Iowa City Fire Department be equipped to provide a permit-required confined space rescue service. Your directions to me were to proceed to assemble an equipment list illustrating the costs associated with establishing this service. Recently, I presented you with an equipment list and a draft bid of necessary equipment to establish a permit-required confined space rescue team. The costs associated with establishing a confined space rescue team are listed below: Confined Space Team Equipment and 7 Rescuer Kits -- Bid Items = Small Handtools - to be purchased locally = Personnel Training for 1995 -- Miscellaneous Equipment = TOTAL = ~ 10,440 $57,750 ~ 4,206 ~ 3,000 S 2,000 ~77,396 In addition, I have nine fire department personnel scheduled to attend a "Train-the-Trainer" course in confined space rescue at Kirkwood Community College in November. They will become the nucleus of our team and provide confined space rescue training to the balance of the department, Initially, a reserve fire engine will have to be used to respond to confined space rescue emergencies. This apparatus is less than ideal to transport personnel and equipment to a rescue scene due to limited storage capabilities. Eventually, we will need to purchase a rescue vehicle that will cost approximately ~100,000 to t~250,000 depending on how it is specified. I have spoken to Chuck Schmadeke, Director of Public Works regarding the absence of a confined space rescue team. He has expressed a keen interest in establishing a confined space rescue team for the City of Iowa City. This is due to the City's internal needs as an employer to provide a confined space rescue service for its employees. In addition, local industry has indicated a desire to utilize the Iowa City Fire Department as their confined space rescue team service. -3* I have also spoken with area volunteer fire chiefs and asked their opinions about their needs for a permit*required confined space rescue team. it is my understanding that they have the same needs we have to varying degrees. It seems that the area volunteer fire departments do not have the resources available or the capability to train their personnel to provide permit- required confined space rescue service. It appears that the Iowa City Fire Department would be the only fire department equipped to provide this service, and most likely the Johnson County Mutual Aid Association would seek to access our rescue program through the Mutual Aid Agreement. Upon reviewing the agreement for mutual aid fire protection, the agreement states, "Occasions may arise whereby extra fires or other emergencies could exhaust the available firefighting equipment maintained by one of the parties...." This leads me to believe that pursuant to Chapter 28E, Code of Iowa, the agreement would be appropriate to provide confined space rescue service. In order to offset some of the costs associated with establishing this program, we may want to consider some type of annual per capita payment by surrounding communities to support this service and establish user fees for local industry. However, I am not sure how surrounding communities and industry would react to such a proposal. I am recommending that the City of Iowa City approve funding for the permit-required confined space rescue program. 'It is my opinion this is in the best interest of the City of Iowa City from an employer standpoint as well as from a public safety standpoint. Please do not hesitate to contact me should you have further questions regarding permit- required confined space rescue. AJR/bdm CC: City Council Anne Burnside, 1st Assistant City Attorney Cmty of iowa City MEMORANDUM Date: To: From: Re: October 6, 1995 Steve Atkins, City Manager Rick Fosse, City Engineer 1 Melrose Avenue Bridge Mayor Swanson of University Heights requested my attendance at their October 10, 1995 Council Meeting to discuss issues related the Melrose Avneue Bddge, specifically issues regarding access to the alley east of Olive Court. Since their meeting is in conflict with our meeting, I have made arrangements for Steve Jacobson of NNW to attend and answer their questions. cc: Chuck Schmadeke Denny Gannon City of iowa City MEMORANDUM Date: To: From: October 4, 1995 Steve Arkins, City Manager James Brachtel, Traffic Engineer Re: Synchronization of Burlington Street Signals The coordination of Burlington Street signals through the central business district is a difficult situation. All coordination schemes need to be at-tuned to traffic conditions on Burlington Street. At the moment, the traffic signal control equipment in place is not suitable for coordination. The City will be replacing this equipment this fiscal year with newer, modern equipment which should lend itself to implementing coordination plans that are appropriate. Although the new equipment will allow the City to provide some coordination, conditions in the Burlington Street corridor will not permit good coordination along the corridor. Some of the factors which detract from the ability to provide good coordination are: Both the east and west flows are balanced during the day. The City has provided extraordinary pedestrian crossing times for all side streets. This detracts from the amount of time that may be allotted to through movements along Burlington Street. The amount of vehicular traffic that turns onto and becomes a part of the Burlington Street flows is significant. This additional or "secondary platooning" detracts from the ability to provide for through moving end-to-end traffic. Past studies performed have indicated that very nearly 40% of the traffic entering the Burlington Street system on Burlington does not drive end-to-end, but either turns off of Burlington onto side streets or onto Burlington from the side streets. While some improvements will be achieved with the installation of the new equipment, the Burlington Street system will never achieve the level of coordination as would be found on a one-wey street. bJ'~Si~lS City of Iowa City MEMORANDUM DATE: October 1, 1995 TO: FROM: Census Committee Members Marian K. Karr, City Cierk,~L, RE: Census Update and Rescheduled Meeting Notice Late last Thursday I received a call from John Kelco located in US Bureau of Census Regional Office in Kansas City. We had a lengthy discussion regarding the upcoming census and special needs of our community. I wanted to share the following information with you as soon as possible and also alert you to a rescheduling of our meeting. Iowa City is scheduled for a special census in early February. Ideally Census Day would be February 1. The Census should take roughly 4-6 weeks. Approximately 300 local applicants are needed to test for the enumerator positions, and 100 will be hired by the federal government. Enumerator recruitment will begin in mid to late November, Testing will be scheduled in December and January (with attention being given to holidays and vacation scheduling). Advertising and applications will be the Citys responsibility, testing will be conducted by the federal government with staff from Des Moines, The test will take 2-3 hours with no more than 3 testing sessions scheduled per day. Enumerators will be paid through the City ($7.50 an hour including testing), but will be classified as federal employees. Although hours are flexible preference will be given to individuals working 8 hour shiffs, Certainly week-end and evening hours will be needed. The actual Census questionnaire takes 1-2 minutes to complete. The Census Bureau will place individuals within requested areas as much as possible. A large "Were You Counted?" ad will be placed in the newspaper at the end of census to allow residents not counted a chance to participate. At my request Mr. Kelco will research the possibility of a another ad offering residents the chance to complete a form if they can not be counted in February. My concern was that "snowbirds" may not be back in March to even see the "Were You Counted?" ad. Mr. Kelco will be sending a promotioNcommunication kit and sample Census questionnaire in October. He was unable to commit when the material would be sent, but did assure me it would be October. In light of this new information I would suggest rescheduling our meeting scheduled from October 10th to October 31st. (Same time, 9:00 a.m. and same location, Lobby Conference Room.) This will allow us more time to review the information coming and prepare a timeline. It is important that you all come prepared with calendar of activities for use in press releases, speaking engagements, and ordering supplies. By meeting in later in October I feel we can hit the ground running with better information and better utilize precious time. Please call me (356- 5041) if the 31st is a problem and I look forward to seeing all of you at that time. cc: City Council City Manager David Schoon Jill Smith 1995 1 8 15 22 9 10 Rescheduled Census Committee Meeting reschedu]ed to 10/3I - 9:00 AM 16 17 23 24 30 31 Consus Committee Meeting - 9:00 AM. Civic Center Chamber Refledions Newsletter Deadfine Cily Department Head Update - 10:00 AM City Department Head Update - 10:00 AM City Depadment Head Update - 10:00 AM Chamber Leadership Alumni Socia] - Densus Handouts 11 12 13 18 19 20 25 26 27 City Department Head Census City Staff Update - '~0:00 AM Meeting - 9:30 AM 14 I 21 28 CENSUS COMMITTEE TENTATIVE T MELINE Finalize Cenus Fact Sheet Nov. 6-10, Johnson County Organizational/ Association Meeting Mid- to late-November - Enumerator Recruitment Nov. 14, 9:00 AM - Census Committee Meeting Nov. 16, Noon - Old Capitol Sertoma Speaking Engagement Nov, 28, 9:00 AM - Census Committee Meeting Nov. 30, Noon - Rotary Speaking Engagement Athletic Club ".':~ECEIV[BER.. :" Enumerator Testing """"--'~--~" ' ' · "' Deo. 12, 9:00 AM - Census Committee Meeting Enumerator Testing Jan. 9, 9:00 AM - Census Committee Meeting Jan. 23, 9:00 AM - Census Committee Meeting Feb. 1 - Census Begins City of Iowa City MEMORANDUM Date: To: From: Re: October 4, 1995 Mayor and City Council City Clerk Council Work Session, September 25, 1995 - 6:30 p.m. in the Council Chambers Mayor Susan Horowitz presiding. Council present: Horowitz, Baker, Kubby, Lehman, Novick, Pigott, Throgmorton. Staff present: Atkins, Helling, Woito, Karr, Franidin, Schoon, O'Neil, Davidson, Fosse. Tapes: 95-112, All; 95-113, Side 1. ITEM NO. 19 DISCUSSION REGARDING INCREASING THE REQUIRED NUMBER OF AT-LARGE APPOINTMENTS TO THE HISTORIC PRESERVATION COMMISSION: Reel 95-112, Side I Historic Preservation Commission Chair Doug Russell presented information about the ordinance amendments. REVIEW ZONING MA'F]'ERS: Reel 95-112, Side I PCD Director Franklin presented the following Planning and Zoning items for discussion: Public headnq on an ordinance amendinq the Zoninq Chapter by chan.clin~3 the use regulations on an approximate 2.02 acre tract of land located east of Lakeside Drive and south of Hiqhway 6 from ID*RS, Intedm Development Sin.clle-FamilV Residential, to RM-12, Low Density, Multi-Family Residential. (Outlot A, Whispedncl Meadows/REZ95-0012) Franklin requested that Council continue the public hearing to October 10, 1995. Ordinance amendinf:l the Zoning Chapter bV chan.qinq the use requlations of an approximate 29 acre tract of land located west of Mormon Trek Boulevard and south of Rohret Road from RS-5, Low Density Sinqle-Family Residential, to OPDH-8, Planned Development Housing Overlay. (Mormon Trek Villa.qe/REZ95-0009) (Second consider- ation) Ce Amendment to City Code Title 14, Chapter 6, Article V, "Minor Modification Procedures," to allow parking for persons with disabilities in the front yard of a commercial zone even when located adjacent to a residential zone. (Second consideration) Franklin requested expedited action of this item. 2 Resolution for preliminary and final plat approval of Donohoe Fourth Suhdivision, an 11.35 acre, two-lot commercial subdivision located in Frin.cle Area I on the south side of Hklhwav 1 at its intersection with Landon Road. {SUB95-0019) Franklin suggested that Council schedule a discussion regarding urban fringe agreement at their October 9, 1995, meeting. Resolution for final plat approval of Kennedy's Waterfront Addition, Part Three, a 31.23 acre, 11 -lot commercial subdivision located south of H .qhwav 1 between Gilbert Street and the Iowa River. (SUB95-0026) Franklin requested that Council defer action to October 10 because the legal papers were not complete. PLANNING AND ZONING PENDING LIST/WORK PLAN: Franklin responded to Council comments. NEAR SOUTHSIDE PLANNING UPDATE: Reel 95-112, Side 1 PCD Direclor Franklin and Gould Evans Associates representatives Glen LeRoy, Dave Knopick and Brian Hamilton presented the Near Southside planning update. Staff Action: Proceed with design plan. (Schoon) AIRPORT MASTER PLAN: Reel 95-112, Side 2 Airport Commission Chair Howard Horan presented an Airport Master Plan update. Council agreed to meet with the Johnson County Board of Supervisors on October 23, 1995, at 6:00 p.m. to discuss the development plan concept of the airport. Staff Action: Meeting with County changed to Tuesday, October 24 at 6:30; prior to formal meeting. (Karr) MELROSE AVENUE BRIDGE/STREET RECONSTRUCTION - FUTURE PROCEDURE: Reel 95-112, Side 2 Transportation Planner Davidson, City Engineer Fosse, and City Attomey Woito presented Melrose Avenue bridge and street project details. Council agreed to set a public hearing on the Melrose Avenue bridge and street reconstruction project on October 10 for October 24; U. Heights City Council present recommendation to the Iowa City Council at work session on October 23; hold a public headng to receive public comments on the consultant's recommendation and other options on October 24 and take Council action on November 7. Council directed staff to notify focus group regarding the public hearing schedule. Staff Action: Proceed as directed. (Davidson) 3 COUNCIL AGENDNTIME: Reel 95-113, Side 1 Lehman noted that a meeting is scheduled on Saturday, September 30, regarding affordable housing issues. In response to Novick, City Manager Atkins stated that he will prepare figures regarding housing starts. Baker requested a copy of the barders to affordable housing memo prepared by CD Planner Nasby, (Agenda Item #20 - Toy vehicles) Kubby noted that she is uncomfortable voting on an ordinance that has not been discussed by Council. Majority of Council agreed to proceed based on safety issues. 3. Kubby requested an update on the Pizza Hut sign. City Atty. Woito will report back. (Agenda Item ~3.g.(1) - Letter from Randy Dickson regarding cultural management survey for the water plant property) Kubby asked if staff agrees with that assessment. City Manager Arkins stated he will follow-up. (Agenda Item #3.g.(3) - Letter from John Gross regarding Bus & Shop program rates) Kubby referred to correspondence and questioned the specific reason for the rate, and bookkeeping done by non-City staff. City Manager Atkins stated that he will prepare information. In response to Baker, Atkins stated Design Review is looking at the sign ordinance about the temperature/time discrepancy, APPOINTMENTS: Reel 95-113, Side 1 Historic Preservation Commission - Ruedi Kuenzli Meeting adjoumed at 8:40 p.m. City of Iowa City MEMORANDUM Date: October5, 1995 To: Mayor and City Council From: Clty Clerk Re: Housing Discussion, September 30, 1995-8:00 a.m. in Council Chambers Council present: Baker, Horewitz, Kubby, Lehman, Novick, Pigott, Throgmorton. Staff present: Atkjns, Helling, Woito, Ogren, Boothroy, Franklin, Milkman, Nasby, Long, Severson, Karr. Facilitator: Tim Shields, Institute of Public Affairs. Housinfi Policy Discussion Facilitator Tim Shields laid the groundwork for pertinent issues relating to housing policies. PCD Director Franklin and Housing Director Boothmy presented information and responded to questions. Meeting adjourned 11:50 a.rn. (A complete transcription will be available in the City Clerk's after October 12. A summary report frem Facilitator Tim Shields is attached.) wpdata~erk-'~g~SO City of Iowa City Housing Policy Review September 30, 1995 Summary Report Compiled by Tim Jo Shields Instthxte of Public Aftsirs The University of Iowa City of Iowa City Housing Policy Review Agenda 1. Lay groundwork for policy analysis and discussion 2. Discuss policy implementation issues 3. Br~tnstoi-m about possible directions and actions 4. Develop agreements on council actions .Why should Iowa City have a housing policy? Ameliorate market forces "Help citizens live in Iowa City" More difficult for low/moderate income families D. Identify city's role in maintaining neighborhoods E. Maintain diversity F. Assist the homeless G. Help those below median income City of Iowa City Housing Policy Review Team Agreements 1. The Counefi ngreed to explore inclusionsty zoning to include: a) Incentives b) Mixed income c) Requirements ~l) land trusts e) Zoning requirements 2. The Council agreed to study the Fair Share concept, (Le., geographical distribution of low to moderate income housing), The Council agreed to review the criteria guidelines for density. 4. The Council agreed to analyze the long tex-ux viahility of programs/goals. 5. The Comaeft agreed to establish a community process to fuxthe~ develop the housing pollmy, to include. a) Neighborhood Associations and other key players b) Collecting pertinent tnfox-mation and perceptions c) Studying and sharing information 6. The Council agreed to discuss potential public/private partnerships in depth. City of Iowa City Housing Policy Review Key Policy Implementation Issues High Priority 1. Location issues to include: - mixed income housing - cost of land - neighborhood fair share - density - inclusionary zoning 2. Community attitudes to include: - neighborhood expectations and perceptions - tenant behaviors Public/Private partnerships to include: ~ barriers to cooperative efforts - trust funds - land trusts - role of financial institutions Other Issue8 1. Human infrastructure, (e.g., life skills) 2. Alternative housing, to include: - co-ops - modular - manufactured - SR0 3. Cost, to include: - City - consumer - public ownership 4. Regional approaches 5. Economic development impacts 6. Subdivision regulations 7. Emergency housing 8. Targeted populations 9. Open space amentties (Comprehensive Plan) 10. Project linkages, (e.g., impact fees set aside) 11. Limited housing market, {i.e., high upkeep of housing stock) City of Iowa City MEMORANDUM DATE: TO: FROM: RE: October 4, 1995 Mayor and City Council Marian K. Karr, City Clerk~ Special Meeting Times Please mark your calendars for the special meeting times for meetings October 23 and 24. The work session on October 23 will begin at 6:00 to allow Planning and Zoning items to be completed prior to discussion with University Heights City Council regarding Melrose Avenue to begin at 7:00. The following evening, October 24, the Johnson County Board of Supervisors will meet with you regarding the Airport starting at 6:30. Your formal meeting that evening starts as usual at 7:30. City of Iowa City MEMORANDUM Date: October 4, 1995 To; Stephen Arkins, City Manager From: .,,-r--' Joe Fowler, Director of Parking & Transit Bus & Shop Program At the present time the City of iowa City has two joint promotional programs with the Downtown Association (DTA}, Park & Shop and Bus & Shop. These programs are jointly administered with the City's responsibility being collection, tabulation, and billing. The DTA recruits members, sets operational guidelines, and assumes full responsibility for monthly collection. In addition, the DTA assumes full responsibility for any debts not paid by its members. At this point the similarities in the programs begin to differ. Although both are sponsored by the DTA, Park & Shop has 80 active participants. Bus & Shop has 58 participants but only 30 are active. Usage also varies greatly - Park & Shop covers approximately 34,000 hours of parking per month while Bus & Shop accounts for approximately 2,000 rides per month. In dollars, this computes to t~l 2,000 per month Park & Shop and 91 ,OO0 per month Bus & Shop. The major difference in the programs is the charge to the participants. Park & Shop bills 9.35 per customer stamp and Bus & Shop bills 9.50 per ride. When the program began in the late 1970s, participants paid the entire cost on Park & Shop. This was discontinued when parking rates went from $ .35 to ~ .40 per hour. The reasoning at that time was the DTA does the individual billing and assumes full responsibility for the bill. This reduction in cost was not applied to Bus & Shop. It has long been an argument of the DTA that the failure to extend this discount to Bus & Shop has resulted in low participation in this program. Based on current usage, it will take an approximate 40%, 850, increase in usage to offset the lost revenue if the discount is applied to Bus & Shop. The DTA is not the only participant in Bus & Shop. There are 27 other participants, 10 of which are active, These merchants account for approximately 400 rides per month. Any discount in fares should be equally applied to them, bfibus&shop City of Iowa City MEMORANDUM DATE: TO: FROM: RE: October 2, 1995 Steve Arkins, City Manager Ron Logsden, Transit Manager Cedar Rapids Electric Bus Five Seasons Transit in Cedar Rapids is testing the first heavy duty transit buses to be built. There is interest in finding out if an electric powered bus is suitable for use in a fixed route application and if an electric powered bus is durable enough to withstand MicNvest winters. The original idea of Five Seasons Transit testing electric buses was first proposed by IES Industries, the utility company which serves Cedar Rapids. Senator Harkin's office was then contacted regarding the possibility of getting a grant to fund a demonstration project to test electric buses. The process of getting the electric buses staffed in December, 1992. The project is a joint venture involving IES Industries, Blue Bird Bus Company, Westinghouse Electric and the City of Cedar Rapids. Five Seasons Transit applied for and received two congressional earmarks totaling six million dollars for nine electric buses. Five Seasons transit put up $126,000 or' the $750,000 of local match and the other three partners put up the remaining $624,000. The prototype electric buses cost substantially more than a diesel powered heavy duty bus and in my opinion they still have some problems which would need to be resolved before they would be practical for use in the Iowa City Transit fleet, The price of the electric buses should decrease if they are found to be suitable for a fixed route application and can be mass produced. The main problem with the first bus is that it can only travel eighty miles between charges. We would not even be able to run an electric bus for the entire a.m. or p.m. portion of a split shift. They are experimenting with ways to increase the distance that the electric bus can travel between charges on the next few buses that Five Seasons Transit will be receiving. Five Season Transit hopes to receive a grant for four more electric buses to give them a total of thirteen electric buses. The local match for these four buses would be split in the same manner as the previous two grants with the private sector picking up the majority of the local share. Bill Hoekstra, the Director of Five Season Transit said their goal is to make one quarter of their fleet electric powered. It is not yet practical to convert their entire fleet to electric power due to the limitations on the number of miles between charges. Bill said that he expects the electric buses to cost half as much to ELECBUS.DOC operate as a conventional diesel powered bus. Bill stated that the City of Cedar Rapids viewed the project as 'an economic development tool" for the City of Cedar Rapids. When the number of miles between charges is increased, I would see electric buses as a viable alternative for Iowa City Transit if the Blue Bird Bus Company can engineer a transit coach chassis. At this point in time Blue Bird Bus Company is trying to break into the transit coach market using a school bus chassis which is not compatible with a front door lift, it is only 95° wide rather that 102" wide and is 35' long rather than 40' long. The seated capacity of the Blue Bird bus is 35 passengers, which is 10 less than we are presently running, it has less room for standees and would not meet our ridership needs during rush hour. Other manufactures are looking into building electric buses, but at this point no one is actively pursuing it. ELECBUS.DOC TO: FROM: DATE: Chief Winkelhake Lt. Widmer Bicycle Patrol Survey September 24, 1995 From September 1-16, 1995, 200 of the bicycle surveys were personally handed out to "downtown merchants". This would be an area bordered by the following streets; north (Bloomington), south (Court), east (Van Buren), and west (Clinton). As of the writing of this summary, 123 of the surveys have been returned for a rate of 61.5%. Below is a breakdown of the compiled results: 1) Have you observed a bicycle officer? 112-Yes/11-No 2) Have you had contact with a bicycle officer? 38-Yes/85-No 3) If you have had contact, what was your impression? It should be noted here that the overwhelming majority indicated friendly, professional & helpful. Three indicated "not helpful", one "unprofessional", and three "not friendly". 4) Do the bicycle officers increase the police presence downtown? 107~Yes/9-No/7-NR 5) What do you feel are the two most pressing needs for the bicycle patrol to,address? Many chose to respond here. Please review the original surveys to appreciate all the varied responses. I have gone through and listed the dominate responses to this question; Bicycle problems (56) Skateboards/Skaters (20) Kids hanging out (13) Pedestrian Problems (11) Intoxicated individuals (9) Vandalism/Graffiti (8) Panhandlers/Vagrants (8) Motorist problems (6) 6) Do you feel that the bicycle patrol should continue? 11 I-Yes/4-No/7-NR 7) Comments? (See the surveys-majority are very favorable). In summary, the response rote was very favorable and the written "needs" & "comments" indicate an awareness and interest. The responses see~n to indicate that merchants see the bicycle patrol officers most needed in doing the marine, problem oriented type of duties. This is consistent and fits nicely with our move towards a community/neighborhood oriented approach. I feel the rime I spend making contact with the merchants was very valuable {for them and the dcpa~h~ent) and ne~s to be a matter of routine rather than a one,-timc approach. After you have reviewed the surveys, I wouJd be interested in discussing your insights into the usefulness of the information. September 29, 1995 ROBERT P. BURNS 319 East Washington street P. O. Box 2226 Iowa City, Iowa 52244 (319) 338-7600 FAX (319) 337-2430 Planning and Zoning Commission City of Iowa City 410 East Washington Street Iowa City, Iowa 52240 RE: Rezoning No. REZ95-0010 Saratoga Springs Iowa City, Iowa Dear Commissioners: After a preliminary review of the submission to you dated September 21, 1995 by city staff, we request the following changes to rezonlng application number REZ95-0010: The three story twelve-plex has been deleted from the south side of Saratoga Place. In its place, a two story eight- plex and a two story four-plex has been added. The public sidewalk along Dubuque Road has been relocated outside of the dripline of the existing cedar trees. The single family lots have been reconfiqured to allow for a front yard setback along Dubuque Road for lot number 1. Revise rezoning of parcel number 61201001 (residence of Charlie and Marie Ruppert) to OPDH-8 Planned Development Mousing Overlay Zone. Also enclosed is drawings number C1-SB dated September 27, 1995 which reflects the revisions listed above. If you have any questions, please let me know° Sincerely Yours, Robert P. Burns RPB/slk Enclosures XC: Greater Iowa City Housing Fellowship ,--eity Council of Iowa City Iowa City Housing and Community Development Commission Mary Losch Iowa City Press-Citizen Charlie and Marie Ruppert and Mary and Lee Hitchcock IT I I I ! i I FOLLOWINGt 18 DOCUMENT AVAILABLE | : ROBrRT 8URNS & ASSOCIATES architects-planners iowa CIty. IOwa Date: To: From: Re: October 3, 1995 Iowa City Parks and Recreation Committee Grant Wood Neighborhood Association Wetlands Park, Parking and Access to the I am writing this letter to request to be put on your agenda for October 11, 1995. and shrubs in the wetlands Park this coming spring and hate to have to wait to get the trail in or have the trampled. Spring is the time of year when everything I have two main concerns for the Wetlands Park. The first is the main entrance trail to be installed at the north end from Lakeside Drive. The city has already installed sidewalks along Lakeside to accorm~odate the entrance which is on the "to do" list for engineering but will not be done until spring of '96. As of right now, there is just a path that has been mowed for people to walk on, but I don't believe anyone knows this is the main entrance as I have been asked a number of times how to get into the Wetlands Park . The GWNA has a $5,000 grant to plant trees would plants starts to grow and to think our wetlands may once again be torn =2p in the spring of '96 is ludicrous. Last year, Mr Barker tore "~ the south end of the trail for his storm sewer system and · after th.at project was completed it took two months of numerous phone calls and letters to get Mr. Barker to get the trail put back tc its orginal state. It still needs to be replanted which will be done this spring as well. There also may be a problem with his carports because the access trail will run behind them. Do to the slope of the ground around the drainage pond, the city would have to add a substantial amount of fill to provide a small believe th~ trail about the level footing and may have to request permission to use part of Mr. Barker's easement to the south and east. if Mr. Barker is careful, he should not have to tear up to construct his carports. The GWNA is very excited Wetlands park and already has a couple of committees working on it. It is very upsetting to see the wetlands be torn up and I feel that if there is any way possible to install the trail sooner than the spring of '96, it would be wonderful, I would also like to bring up future. Both cul-de-sacs Meadows is no parking on the parking problem I see in the are no parking zones and Whispering one side, which leaves one side of Lakeside Drive after five P.M., and on Saturday and Sunday. only land that is open as of October first is Mr. Barkers, which However, I can see that in problem with not enough believe the park will be a the wildlife in its natural would be a perfect parking lot. five years the city will have a large parking for the Wetlands Park. wonderful place to walk and see enviroment. The cc: Thank you, Jane A. Klitzka vP, Grant Wood Neighborhood Association 2305 Hollywood Blvd. iowa City, Iowa 52240-2318 Planning and Zoning Committee Iowa City City Council Chuck Schmadeke, Director ¢f Public Works Heritage T~ees ~ Iowa City, Iowa HERW~GE TREF~ TO HOST TREE PRUNING WORKSHOP Iowa City's Hex~tge T~ees program will host a tree pruning workshop on Saturday, October 14, starting at nine/LM. in the St. Wenceslaus Church Hall at 618 East Davenport Street. Mark Vitosh, Iowa S~te Extension Forester and a native Iowa Citian, will conduct the session, beginning with a slldeshow presentation of correct and incorrect pruning practices and concluding with a hands-on prnnlng Of young ~ccc, in North Market Square Park. The workshop is open to the public at large, free of charge, ra;n or shine. Rouad up your pruning clippers and saws and join us! For further information, contact Kate K!aus, phone 337-2379. To= I'0~ Ciff CLERK Jebnsan (2oun~,- Charles D. Duffy, Chairperson Joe Bolkcom Sf.~phen P. Lacina Don Sohr Sally Sluman BOARD OF SUPERVISORS October 3, 1995 INFORMAL MEETING 1. Call to order 9:00 a.m. Agenda Review of the informal minutes of September 261h recessed to September 28th and the formal minutes of September 28th. 3. Business from the Board of Supervisors. a) Discussion re: b) Reports c) Other Fringe Area Agreement with Iowa City. 4. Discussion from the public. 5. Recess. FORMAL MEETING TO FOLLOW 913 80LrrH DUBUQUE $T. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356-6000 FAX: (319) 356-608(~ To: IOt CI~ CLERK From jo hogarty 19-2"95 B:57am p, Z or 3 Johnsen Counh,' Charlos D. DnfiSt, Chairperson Joe Bolkcom Stephen P. Lacina Don Sehr Sally Stutsman BOARD OF SUPERVISORS October it, 1995 FORMAL MEETING Agenda Call to order following the informal meeting. 2. Action re: claims 3. Action re: informal minutes of September 261h recessed to September 281h and the formal minutes of September 281h. 4. Action re: payroll authorizations 5. Business from the County Auditor. a) Action re: permits b) Action re: reports c) Other 6. Business from the County Atlorney. a) Report re: other itemg, 7. Business from the Board of Supervisors. a) Motion directing Johnson County Council of Governments to prepare Johnson County's Managed Care Plan. This is to fulfill the requirements of Senate File 69. b) Other 913 SOUTH DUBUQUE ST. P-O. BOX 1350 IOWA CITY, IOWA 52244--1350 TEL: (319) 356-6000 FAX: (319) 356-6086 To: IO~ C;1Y CLERK Free: ]o hagarty 18-2-95 8:52aa p. 3 or 3 Agenda 10-3-95 P~e2 8. Adjourn to informal meeting. a) Inquiries and reports from the public. b) Reports and inquires from the members of the Board of Supervisors. c) Report from the County Attorney. d) Other 9. Adjournment To: ZO~ CZTY CLERX JohnsonCounb Charles D. Duffy, Chairperson Joe Bolkgom Stephen P. Laginn Don Sehr Sally Slutsman BOARD OF SUPERVISORS October 10, 1995 INFORMAL MEETING Agenda 1. Call to order 9:00 a.m. 2. Review of the informal and formal minutes of October 3rd. 3. Discussion re: Reporter. over charges of legal publications of the Lone Tree Business from Cheryl Whimey, Ar~ Administrator for Department of Human Services re: approval of sub-lease between Johnson County and the State of Iowa for Department of Human Services located at 911 North Governor Street, Iowa City/discussion. Business from Jon McCright, Attorneys at Law for Fisher, Ehrhart, McCright & Turner re: letter liom the City of Shueyville regarding plat for the P & P Gas Station on 120th Street NE/discussion. 6. Business from the County Engineer. a) Discussion re: ISTEA applications. b) Other 7. Business from the Director of S.E.A.T.S. a) Discussion re: b) Discussion re: c) Discussion re: d) Other Assistant Director job description and salary range. project for ISTEA. MIS update. 913 SOUTH DUBUQUE ST. P O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356-6000 FAX: (319) 356-6086 To: iO~ CITV CLER~ From: jo hogarty 10-9-95 8:22em p. 3 of 3 Agenda 10-10-95 Page 2 8. Business from the County Auditor. a) Discussion re: FY 96 budget amendment requests. b) Other 9. Business from the Board of Supervisors. a) Reports b) Other 10. Discussion from the public. 11. Recess. ~-:. City of iowa City MEMORANDUM Date: October 6, 1995 To: From: Re: The Honorable Mayor Susan M. Horowitz and Members of the City Council Linda Newman Woito, City Attorney ~ Conflict of Interest Question Concerning City Employee Drew Shaffer and Response Television Corporation License Agreement with City In light of the upcoming discussion of the finally-completed franchise negotiations with TCI (formerly Heritage Cablevision), a question was raised by a constituent, and passed on to me by City Council Member Karen Kubby, as to whether the proposed use of software produced by Response Television Corporation (RTC) to be used to upgrade the "lnfovision" software to permit citizen access to Internet and World Wide Web would constitute a conflict of interest in violation of Iowa law. Because the issue may be of concern to more than just one Council member, I am forwarding Anne Bumside's opinion to the entire Council. As you can see from Anne's memorandum, City employee Drew Shaffer does own, at least in part, an Iowa corporation known as "Response '[elevision Corporation" or RTC. This company designs and markets computer software which the City purchased in 1989 from RTC. At that time the City paid RTC 91 ,500 for the software. Now, the software has been upgraded by RTC, and they are now marketing it to the city - so that citizens will have access to portions of Internet and World Wide Web, Rather than going out for competitive proposals, as the City did in 1989, staff is proposing entering into another license agreement with RTC and another corporation named Leapfrog, with a $1,000, one-time payment to each corporation. Because of the exception to Iowa's conflict of interest rules banning all contracts between city employees and their city, this Office finds that the proposed contract between RTC, Leapfrog and the City does not create an illegal conflict of interest because the employee (Drew Shafteft will not receive more than 91 ,500 in any one fiscal year, see Anne Burnside's memo, page 2. Finally, Anne reviewed conflict of interest laws as stated under the common law or court decisions, and finds no conflict of interest for Drew Shaffer and the new agreement to upgrade "lnfovision" by way of created software, see attached. Please call if you have questions at 5030. CC: City Clerk City Manager Assistant City Manager Anne Burnside Drew Shaffer Broadband Telecommunications Commission Attachment Inw%confques mmo City of Iowa City MEMORANDUM Date: To: From: Re: October 5, 1995 Linda Woito, City Attorney Anne Burnside, First Assistant City Attorney ~ Conflict of Interest: Drew Shaffer and Response Television Corporation License Agreement with City ISSUE: Whether a proposed license agreement between Response Television Corporation (RTC) and the City presents a conflict of interest. CONCLUSION: The proposed license agreement between Response Television Corporation and the City does not present a conflict of interest for Drew Shaffer, who holds the position of Cable Television Specialist for the City and is also the President of RTC. The benefit to Mr. Shaffer in the contract does not exceed 91,500 and the operation of the agreement does not place Mr. Shaffer in the position of balancing competing interests. DISCUSSION: Background. Drew Shaffer is the president and part owner of an Iowa corporation, Response Television Corporation ("RTC") an entity which designs and markets computer software for cable television-related purposes. In 1989, RTC entered a license agreement with Iowa City in which RTC agreed to grant the City a license to use certain software on the government access channel. This software programming has come to be well known and widely used by Iowa City cable television viewers as "lnfovision". By means of this software, local cable television viewers can dial into a bank of information services and view selected programming on their television. There is no charge to viewers and there can be no serious dispute that Infovision provides a valuable service to local citizens. Prior to entering the license agreement, RTC and the City prepared specifications for bids and carried out a formal bid request process. The City received two responses from bidders (other than RTC), and neither response met the specifications. The license agreement was then executed by RTC and the City. RTC was paid a one-time fee of 91 ,500 by the City for the license to use the software. RTC, in conjunction with another local corporation, Leapfrog Technologies, Inc., ("Leapfrog") has recently revised and upgraded the Infovision software. Drew Shaffer has no financial interest in Leapfrog and is not an officer of Leapfrog. The two companies 2 have created a product which they are marketing to the City under the tradename of Hypertelevision. This software permits Infovision users to have access to portions of Internet and World Wide Web, two electronic communication and information services. The proposed licensing agreement between RTC, Leapfrog and the City mirrors the original licensing agreement in most respects. The core of the agreement is that the local cablevision viewers will be able to dial into World Wide Web and view the information on their televisions. There will be no charge to these viewers. The benefit to the City is that its citizens have access to the newest form of information services by virtue of their access to the government access channel. It is a service to citizens. Under the proposal, the City will make one-time payments of 91 ,000 to Leapfrog and to RTC. There is a nonmonetary benefit to RTC, and therefore to Shaffer, which is not expressly stated in the licensing agreement. The arrangement permits (and in fact requires) RTC to produce and display its software on the government channel. At the same time that citizens receive the benefit of the free access to information, RTC (and indirectly Shaffer) are provided a laboratory in which to improve and refine their software. There is no value stated in the license agreement for this benefit. I do not know any practical way to value this benefit. While I am certain the benefit does have some cash value, without a way to measure it, I cannot state that the value exceeds 91 ,500. AnalysiS. Section 362,5, Iowa Code, states: "A city officer or employee shall not have an interest, direct or indirect, in any contract or job or work or material or the profits thereof for services to be furnished or performed for the officer's or employee's city. A contract entered into in violation of this section is void. The provisions of this section do not apply to: 4. Contracts made by a city, upon competitive bid in writing, publicly invited and opened. 10. Contracts not otherwise permitted by this section, for the purchase of goods or services by a city having a population of more than two thousand five hundred, which benefit a city officer or employee, if the purchases benefiting that officer or employee do not exceed a cumulative total purchase price of one thousand five hundred dollars in a fiscal year." Contract is defined very broadly in this section, and certainly includes a license agreement such as the one entered by RTC and the City in 1989 and the one proposed now. ("'Contract' means any claim, account, or demand against or agreement with a city, express or implied," Emphasis added.) Drew Shaffer is an employee of the City. He is also an owner and officer of an 3 entity which entered a contract with the City. This would appear to violate the prohibition on his having a direct interest in a contract with the City and that con.tract would be void unless one of the exemptions stated in Section 362.5 apply. I have set out the two exemptions which appear to apply to the license agreements. The license agreement of 1989 was entered by the City with RTC after proposals were requested, by formal RFP process. The only bid which met the published specifications was RTC's bid, and the contract was let to RTC. In addition, the total compensation paid under that agreement did not exceed 91 ,500. The license agreement of 1989 would have been prohibited by Section 362.5, but for the express exemptions provided by subsections (4) and (10). The analysis of the proposed license agreement parallels the foregoing discussion except that a decision has been made that the contract will not be let for competitive bids. The proposed license agreement falls within exception (10} because the benefit to RTC is less than 91,500, and so no conflict of interest exists. An additional analysis for conflicts of interest involves considering whether a person is "required to serve two masters", irrespective of any given dollar amount at issue. "When one is committed to give loyalty and dedication of effort to both a public office and a private employer, when the interests of those two may conflict, one is faced with pressures and choices to which no public servant should be unnecessarily exposed." Wilson v. iowa Citv. 165 N,W.2d 813, 823 (Iowa 1969). The RTC/City licensing agreement does not place Mr. Shaffer in the position of splitting his loyalty: both entities benefit if the software is well made and runs smoothly; both entities would suffer if the software is poorly made or poorly run. The compensation under the agreement is fixed; the agreement does not operate to enhance or diminish Mr. Shaffer's position in the cable television division. I conclude that under the Wilson analysis the license agreements do not constitute a conflict of interest for Mr. Shaffer. CC: Dale Hailing, Assistant City Manager Drew Shaffer, Cable Television Specialist City of Iowa City MEMORANDUM OAT E: TO: FROM: RE: October 10, 1995 City Council City Manager Ad Hoc Economic Development Co~nittee This matter is scheduled for discussion at your work session on October 23. Any additional names and other factors concerning the committee should be planned for this meeting. City of Iowa City MEMORANDUM Date: To: From: Re: October 10, 1995 City Manager David Schoon, Economic Development Coordinator'~._ Ad Hoc Economic Development Committee With the adoption of the economic development plan, Economic Development Policies, Strategies, and Actions for the City of Iowa City, one of the first actions the City should undertake is to establish the ad hoc economic development committee. The purpose of this memo is to briefly outline the charge of the committee, a proposed composition of the committee, and the time frame for the committee's activities. Committee'S Charoe The economic development plan outlines two major charges for the committee: 1 ) to "designate targeted industries" and 2) to "develop criteria to be used when the City considers granting or participating in the granting of financial incentives to any particular firm in a targeted industry". In performing its task, the committee should answer the following two questions: 1) When the City and local economic development organizations encourage the expansion and attraction of business and industry, what specific types of businesses and industries should we encourage in Iowa City? and 2) When the City considers financial assistance to a firm, such as a grant, loan, or providing infrastructure, what characteristics and practices must the firm have to obtain assistance? Once the committee answers these two questions, it will have accomplished its task. Committee Membership The economic development plan states that the ad hoc committee should consist of a diverse group of organizations, such as "industries, economic development organizations, labor, citizen, and environmental groups, the University of Iowa and others". The following is a list of designated groups and suggestions concerning potential members for the committee. As you will note, some of these individuals were members of the economic well-being task force. Citizens (2 members) Derek Mauer Colin Gordon Cheryl Whitney Norman Bailey University of Iowa (1 member) David Skorton, Vice President for Research Mary New, University Relations Small Business (1 member) Tom Werderitsch, Selzer-Werderitsch Construction Vicki Lansing, Lansing Funeral Service industry {1 members) Kerry Fitzpatrick, Proctor & Gamble Stacy Pugh, General Mills Envlronmental Groups {1 member) Mark Smith, Environmental Advocates Economic Development Organlzations {1 member) Bob Sierk, Iowa City Development Group John Beckord, {owa City Area Chamber of Commerce Labor (1 member) William Gerhard, Laborers Local 1238 Resource People (2 members) Bruce Wheaton, Research Administration, University of Iowa Tom Burlington, Jobs Service The committee would consist of ten members, who would be Iowa City residents. Two of the members would be resource people, who would bring a level of expertise/understanding of the economic development process and economic development issues. The Council must still determine the means of selecting the individuals who would serve on the committee. Time Frame Given that the committee has a specific charge, the committee should be able to achieve its objectives in a six month time period as long as it meets at a minimum of once a month. Once the Council approves the committee's charge and membership, the committee can begin its task and have it accomplished within six months. cc: Karin Franklin f:l...~dmin2~e~,ede/~,~adho~.c~.n October 3, 1995 Jed Van Dine 4175 S.W. Kansas Ave. Iowa City, IA 52240 CITY OF I0 W/I CITY Re: Inquiries concerning Rohret Road project contractor parked in right-of-way; follow-up Dear Mr. Van Dine: As agreed, I checked with the City Engineer's Office and the Police Department which received your call the mght of September 25, 1995. Engineering Division - Report, I spoke with Rob Winstead, who is project engineer for the Rohret Road construction project. Rob told me he spoke with Mr. Streb, the contractor's representative for this particular project concerning your complaint. Mr. Streb agreed to make sure that the subcontractors who were working that evening, and who responded inappropriately to you, will no longer engage in the described conduct - which was not only dangerous but also lacking in civility. As I have now explained to you and the City Engineering Division, it is entirely unlawful for the subcontractor's truck to be parked on the right-of- way where parking is not permitted - especially without following the Uniform Traffic Manual guidelines on lighting, signing, etc. Police Department - Follow-up. I spoke with Officer Harris, who is a Community Services Officer. He said the Police Dispatcher received your complaint call on the evening of September 25, 1995, at approximately 7:45 p.m. The call was sent out, and Officer Harris responded. He arrived at the scene at approximately 8:45 p.m. and saw no vehicles in the area of Rohret Road and Weber School. Since no further complaints came in to the Police Department, Officer Harris took no further action. He simply called in the result of his investigation, namely: no vehicles in the area and no further disposition needed. I want to thank you for pointing out this problem on the Rohret Road construction project, and we will do our best to assure that subcontractors do not "park" on the right-of-way. If there is another problem, call Rob Winstead, the Police Department or me. Cordially yours, City Attorney Woito CC: Rob Winsteaa, Project Engineer Rick Fosse, City Engineer Joe Fowler, FYI', Chief R.J. Winkelhake, FYI 410 EAST WASHINOTON ETREET · IOWA CITY. IOWA ~2340-1126 · (319) 3J6.i000 · FAX (319) 3~6-J009 City of Iowa City City Attorney's Office Date: September 27, 1995 LNW To: Rob Winstead; Rick Fosse; Joe Fowler From: Mary McChrlety, Legal Assistant {356-5032) ~ Re: Complaint Received Re: Rohret Read Project Jed Van Dine stopped in our office today to lodge a complaint about the Rohret Road Project Contractor. He left off the attached letter and asked that I forward a copy to each of you for response. Joe, many 9f Mr. Van Dine's complaints deal with parking procedures used by the City's contractor out there. He also raises many safety issues with regard to those apparent violations. Van Dine wants to know why the City is not enforcing its code against city-hired contractors. FYI, Van Dine stated that he intends to take up these issues with Council, so be prepared for possible calls. City of Iowa Cit MEMORANDUM FROM: DATE: Steve Streb, Streb Comstruction Rob Winstead, Project Engineer September 29, 1995 TRAFFIC CONTROL ON ROHRET ROAD As discussed, we received a citizen complaint regarding inadequate traffic control measures on Rohret Road (see attached letter). As specified in the contract documents, you and your subcontractors must use proper traffic control at all times. Although orange cones may be appropriate during daylight, they lose their effectiveness at night. For the safety of your workers and the general public, make sure proper traffic control is in place at all times and adequate for the particular conditions. Also, while working for the City, we expect that your workers and subcontractors treat the general public with courtesy and respect. No vulgarities are to be directed towards the public for any reason. We are very close to the end of this project; let's maintain the "good will" we've built up with the residents and general public. CC; Linda Woito, City Attorney Rick Fosse, City Engineer Johnson County IIOWA ~ Charles D. Duffy, Chairperson Stephen P. Lacina Joe Bolkcom Don Sehr Sally Stutsman April 12, 1995 Madan Karr City Clerk 410 East Washington Street Iowa City, Iowa 52240 BOARD OF SUPERVISORS Re: Local Option Sties Tax Meeting Dear Martan: You may be aware of the increased discussion of a local option sales tax. To help facilitate the sharing of information regarding this item the City Council of Iowa City and the Johnson County Board of Supervisors will jointly host a discussion meeting for all mayors and city council members in Johnson County. This meeting will be held on May ll at 5:30 p.m. in the Board of Supervisors Boardroom. Discussion of local option sales tax will be the only item on the agenda. I plan to adjourn the meeting at 6:30 p.m. By the end of next week, I will be forwarding to each of you a packet of information to read. Hopefully eve~jone will have had an opportunity to study tiffs material so the meeting can ba utiliTed for discussion. If you have any information on this topic you would like included in the packet, please forward it to Carol Peters no later than April 19. Hope to see you May 11. Sincerely, Chairperson 913 80UTH DUBUQUI~ ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356-6000 FAX: (319) 356-6086 Johnson BOARD OF SUPERVISORS Charles D. Duffy, Chairperson Joe Bolkcom Stephen P. Lacina Don Sehr Sally Smtsman JOINT JOHNSON COUNTY BOARD OF SUPERVISORS/CITY OF IOWA CITY MEETING WITH CITY COUNCIL MEMBERS OF CITIES VVITItlN JOHNSON COUNTY THURSDAY, May 11, 1995 Johnson County Board of Supervisors Administration Building, Board Meeting Room 913 South Dubuque Street Iowa City, Iowa 52240 INFORMAL MEETING Agenda 1. Call to order 5:30 p.m. 2. Introductions. 3. Discussion re: Local Option Sales Tax. 4. Discussion from the public. Adjournment 6:30 p.m. 913 ~OUTH DUBUQU~ ST. P.O. BOX 1350 IOWA CITY, IOWA 52244.-1350 'I'BL: C319) 356-(~00 FAX: (319) 356-(y08 Johnsex~ Count~ Ioe Bolkcom Stephen P. Lacina Don Sehr Sally Stutsman BOARD OF SUPERVISORS DATE: FROM: RE: May 11 Local Option Sales Tax meeting Included in this packet of information you will find the following: 1. Agenda. 2. A copy of ~ Option Sales Tax, "The Most Frequently Asked Questions and Allswel'8". 3. A chart showing the counties in Iowa that has the sales tax, the designated use, etc. 4. Local Option Tax Information in Iowa by city and county. 5. Information enti~ed, 'Sales and Excise Taxes". 6. Information entitled, "Economic Effects'. 91:1 SOUTH DUBUQUB ST. P,O. BOX 1:150 IOWA CITY, IOWA 52244-1:150 TBL: (:119) :1~'~OOO P,,~X: (319) 354-4~13 Black Hawk l~ne G~do De~ Mo~e~ Howard Jmn Mahaska Monona Potlaw,=tldmie Stmy Winneshlek Woodbury Times on Start Sunset Ballot Year 3 1991 1996 Annual Revenue Breakdown (% Revenue/Purpose) $1,650,000 100 Property Tax Relief 3 1991 no $450,000 75 Property Tax Relief 3 1993 12J31/97 $850,000 55 Secondary Roads 20 Rural County Bettement 10 General Fund -Propedy Tax Relief 10 Economto Development 5 General County Betterment 2 1995 12/31199 est $340,000 90 Hard Surfacing of County Roads 10 Capital Projects 2 1995 2000 est$584,000 2 1994 1999 $193,300 I 1995 no esL$800,000 50 Secondary Roads - New Equipment 30 Property Tax Relief - Rural Sentices 20 Public Safety 1OO Property Tax Relief 50 Rural Basic 40 Secondary Roads 10 General Basic 4 1995 no $400,00+ 75 Secondary Roads 25 Property Tax Relief 3 1995 no $600,000 50 Property Tax Relief 50 Building Repair & Maintenance 0 1 2 1995 3/31104 est. $433,556 100 Construct & Maintain New Jail 1990 no $200,000 100 Secondary Roads 1995 no est.$1,250,000 70 Road Improvement 15 Tax Relief 10 Soil & Water 5 County Conservation 2 2 2 1987 no avg. $843,004 60 Property Tax Relief 40 C-enemI County Betterment 1991 3/31/9~ $650,000 55 Property Tax Relief 35 Human Services & Community Bettermenet 1988 no $1,225,000 80 Tax Reduction 20 Infmstucture LOCAL OPTION TAX CHART Lrhis chart summarizes information about the local option sales tar. Counties are included only if the tax Is curTently imposed in the unincoq~orated area of the county. The following counties have the tax in place in some or all of their municipalities: Aliamakes Buena Vmta Cla~on Fayett Jones Lee Unn M~chell Polk DATE: April 4, 1995 TO: Susan FROM: Marian RE: Sales Tax Ballot Issue There are two ways that sales tax can be placed on the ballot: 1) a petition filed with the County Board of Supervisors representing 5% of voters of the County who voted at the last state general election. (34,441 voted in 1994, 5% would mean the petition would have to be signed by 1,722 voters) OR 2) by motion adopted by the governing body of a city or cities or county for unincorporated areas representing at least one half of the population of the county° ~422B. 1, LOCAl, OPTION TAXES tion. the governing body of the city or county. for the unincorporated areas. shall submit the motion to the county commissioner of elections and in the case of the governing body of the city shall notify the board of supervisors of the adoption of the motion. The county commissioner of elections shall keep a file on all the motions received and. upon reaching the pop- u[ation requirements. shall publish notice of the bal- lot proposition concerning the imposition of the local sales and services tax, A motion ceases to be valid at the time of t he holding of the regular electinn for the election of members of the governing body which adopted the motion. The county commission- er of electinns shall eliminate from the file any mo- tion that ceases to be valid. The manner provided under this paragraph for the submission of the ques- tion of imposition of a local sales and services tax is an alternative to the manner provided in paragraph 4. The count~ commissioner of elections shah submit the question of imposition of a local option tax at a stat.~.~E,Enera[ election or at a special election held at any t~me ot her than the time of a city regu[ar electron. The election shall not be held sooner than sixty days after publication of notice of the ballot proposition. The ballot proposihon shall specify the type and rate of tax and in the case of a vehicle tax the classes that wd[ be exempt and in the case of a local sales and services tax the date it will be im- posed- The ballot proposition shall also specify the approximate amount of local option tax revenues that will be used for property mx relief and shall con- cain a statement as to the specific purpose or pur- poses for which the revenues shall otherwise be ex- pende& If the county board of supervisors decides under subsection 5 to specify a date on which the local option sales and services tax shall automatical- ly be repealed. the date of the repeal shall also be specified on the ballot. The rate of the vehicle tax shall be in increments of one dollar per vehicle as set by the petition seeking to impose the tax. The rata of a [ocal sales and services tax shall not be more than one percent as set by the governing body. The state commissioner of elections shall establish by rule the form for the ballot proposition which form shall be uniform throughout the state. 5. a If a majority of those voting on the ques- tion of imposition of a local option tax favor imposi- tion of a local option tax. the governing body of that county shall impose the tax at the rate specified for an unlimited period. However, m the case of a local sales and services tax. the county shall not impose the tax in any incorporated area or the unincorporat- ed area if the majority of those voting on the tax m that area did not favor its imposition. For purposes of the local sales and services tax. all cities contigu- ous to each other shall be treated as part of one in- corporated area and the tax shall be imposed in each of those contiguous cities only if the majority of those voting on the tax in the total area covered by 3138 the contiguous cities favored its imposition. The creased or decreased or the use thereof changed after an election at which a majority of those rot ing on the question of repeal or rate or use change favored the repeal or rate or use change· "['he election at which the question of repeal or rate or use change ~s offered shall be called and hem in the same manner and under the same conditions as provided in subsee. lions 3 and 4 for the election on the imposRion of the local option tax. However, in the case of a local sales and services tax where the tax has not been imposed counWwide. the question of repeal or imposition or rate or use change shall be voted on only by the quali- fied electors of the areas of the county where the tax has been tinposed or has not been imposed. as appro- priate. When submitting the question of the imposition of a local sales and services tax. the county board of super.'lsors may direct that the question contain a prodsion for the repeal. without election. of the local sales and serviess tax on a specific date. which date shall be the end of a calendar quarter. b Within ten days of the election at which a ma- jority of those voting on the questton favors the im- posRion. repeal. or change in the rate of a local op- tion tax. the governing body shall g~ve written notice to the director of revenue and finance or. in the case of a local vehmle tax, to the director of the depart. meat of transportation. of the result of the election. 6. More than one of the authorized local option taxes may be submitted at a single election and the different taxes shall be separately tmp[emented as provided in thts sectioq. 7. Local option taxes authonzed to be imposed as provided m this chapter are a local sales and set. vices tax and a local vehicle tax. The rate of the tax shall be in increments of one dollar per vehicle for a vehicle tax as set on the petitton seeking to impose the vehwle tax, The rate of a local sales and services tax shall not be more than one percent as set by the governing body. 8- In a county that has imposed a local option sales and services tax. the board of super,'~sors shall· notwtthstanding any contrary provision of this chapter· repeal the local option sales and sep,'tces tax in the unincorporated areas or m an incorporated city area m which the tax has been tmposed upon adoption of its own motion for repeal in the unincor- poreted areas or upon receipt of a motion adopted b.~ the governing body of that incorporated city area re- questing repeal. The board of supervisors shall re- peal the local option sales and services tax effe,.tive at the end of the calendar quarter dunng which tt adopted the repeal motion or the motion for the re- peal was received. For purposes of th~s subsection- incorporated city area includes an incorporated city which is contiguous to another incorporated city- 85 Acts. eh 32, §89; 85 Acts, ch 198, §6; 86 Acts· ch 1199. §2-6; 89 Acts, ch 146. §1; 89 Acts. ch 276. §1; 90 Acts. ch 1256, §21; 92 Acts. eh 1063, §1 '.~" local option tax may be repealed or the rate in- : ;:... :-.-.'.-,..-: i.::........:.:.:.:..... :I,.....-- : ! . .:.... ..,...: 1995 CITY ELECTIONS AUGUST 28 * * ............ SEPTEMBER 21 * * + ........ SEPTEMBER 22 ........... SEPTEMBER 25 ............ SEPTEMBER 26 ............ SEPTEMBER 29 ............ OCTOBER 5 .............. OCTOBER 10 ............. OCTOBER 12 ............. OCTOBER 23 ............. OCTOBER 27 ............. NOVEMBER 2 ............. NOVEMBER 7 ............. NOVEMBER 13 OR 14 ....... FIRST DAY FOR CANDIDATES TO FILE IN THE OFFICE OF THE CITY CLERK [376.4 - FALLS ON MONDAY] LAST DAY FOR CANDIDATES TO FILE IN THE OFFICE OF THE CITY CLERK [376.4]. CITY CLERK DELIVERS ALL NOMINATION PETITIONS AND'ANY PETITION QUESTIONS'TO THE COMMIS- SIONER BY 5:00 P.M. [376.4] LAST POSTMARK FOR POSTCARD REGISTRATION FOR PRIMARY ELECTION, IF APPLICABLE [48,3]. LAST DAY TO WITHDRAW BY NOTIFYING THE CITY CLERK IN WRITING [376.4 & 44.9]. REGISTRATION CLOSED FOR PRIMARY ELECTION, IF APPLICABLE [48.11 ]. CAMPAIGN FINANCE DISCLOSURE FILING DATE (5 DAYS BEFORE CITY PRIMARY) [56.6(1 )(d)]. PRIMARY ELECTION, IF APPLICABLE [376.7]. CANVASS OF PRIMARY ELECTION NOTES, IF APPLICABLE [376.7]. LAST POSTMARK DATE FOR POSTCARD REGISTRATION FOR REGULAR CITY ELECTION [48.3]. REGISTRATION CLOSED FOR REGULAR CITY ELECTION [48.11 [. CAMPAIGN FINANCE DISCLOSURE FILING DATE (5 DAYS BEFORE CITY ELECTION) [56.6(1 ){d)]. REGULAR CITY ELECTION DAY [376.1 ]. CANVASS OF REGULAR ELECTION [50.24]. * *Signatures required on nomination petitions: 159 - At Large; 178 - District A; 130 - District C. + Signatures required on petition questions: 2500. Prepared by City Clerk 5195 clerk\election.mkk 1 NOTE: The following excerpt was from a booklet entitled "Local Option Taxes For Iowa Governments", a report published by the Institute of Urban and Regional Research of the University of Iowa in November 1982. lhe project was commissioned by the Legislative Extended Assistance Group and written by Thomas Pogue. A copy was given to Mayor Horowitz by Anne Bovbjerg. After review it was determined that much of the information was dated but the following contained good background for the issue. Economic Effects The effects of local sales taxation on the distributlon of tax burdens and the location of economic activltys primarily retail sales~ are likely to weigh importantly in the legislative decision on whether to authorize such taxes. In this sections we discuss the nature of these effects and the 2See Aronson and Schwartz (1981, pp. 160-162) and ACIR (1974, pp. 35-37) for further discussion. 27 factors on which they depend. We also present estimates of the revenue potential of local sales taxes in Iowa. The economic effects of a local sales tax (or any tax) stem from both the collection and the use of the tax revenues. However, when a local option tax is authorized, it is difficult to predict how the localities that impose the tax will use the resulting revenues, and it is difficult to control their use with the language of the authorizing legislation. Thus, any analysis of the economic effects of local sales taxation can only specify those effects conditional upon a presumed use of tax revenues- In general, this use may be either to increase local government spending or to decrease reliance on other revenue sources, or both. For local option taxation to lead to a significant increase in spending, local governments presently must be willing to finance additional spending with a local sales (or other local option) tax, while being either unwilling or unable to do so with property taxes or fees and charges. Of course, such may be the csse, especially in those Iowa cities that presently levy property taxes at the general fund limit of 8.1 percent.3 But arguing against this view is the 3That many Iowa municipalities are currently at the general fund property tax rate limit of 8.1 percent, does not by itself mean that they are spending less than they wish to spend. When the general fund limit is . reached, municipalities can and do sh~ft expenditures to other special purpose funds -- emergency, debt service, trust and agency, and capital improvements- The result is that nmny Iowa municipalities have total property tax ievies in excess of 8.1 percent, ranging up to 16.9 percent in fiscal year 1982. In addition~ local govermnents n~ay resort to charges and fees to finance many types of expenditures, and they have done so- In fiscal year 1975~ Iowa local governments obtained 28 percent of their own- source revenue from charges, fees, and miscellaneous sources; this percentage increased to 35 in fiscal 1980. The corresponding percentages for counties, municipalities, and school districts were 34, 47~ and 14 in fiscal 1975 and 39, 53, and 20 in fiscal 1980. For more detail on municipal tax levies, see University of Iowa, Institute of Public Affairs, City Tax Levies in Iowa: Fiscal Years 1978- 1_98__2, Iowa Government Series, No. 6, February 1982. i I I I I I I I I I i fact that local option taxation (sales or otherwise) does not increase the aggregate resources available to Iowa local governments° All government spending entails a transfer of resources from the private to the public sector. Since authorization of local option taxation does not expand the re,once base of the private sectors it also does not expand the resources potentially available to the public sector. It only changes the manner in which control over resource use is transferred to the public sector. This change may lead to more spending if local sales (local option) taxes are regarded as more equitable or otherwise more desirable than property taxes, or if spending has been held below its desired level by property tax rate limits. Considering all arguments, some local sales tax revenues surely will be used to increase spending, but a major share will also be used to replace revenues from other sources, primarily property taxes.4 Another possibility is that local option tax revenues will simply be offset by lower state aid. This offset may result if legislators see authorization of local option taxes as an alternative to increasing or maintaining state aid, or if they see less need for state aid once local option taxes are in place. To the extent that legislators respond in this manner~ local sales tax revenues are in effect captured by state government and used to replace state tax revenues and/or to increase state spendlng.5 Stated differently, the end result of local sales taxation need not be less 4The statement that property tax revenues may be replaced does not mean that property tax collections will fall; instead, it means that property taxes will be lower than they would have been in the absence of local sales taxation. 5For this to be the case~ there need not be a decrease in the dollar amount of state aid. Instead, state aid would only have to increase less than it would have increased in the absence of local sales taxation. 29 reliance on property taxes (or local fees, charges, etc.) or greater local spending; instead, state spending may be higher than it would have been in the absence of local sales taxation, or state taxes may be lower. To the extent that such proves to be the case, the economic effects of local sales taxation are those of substituting local sales taxes for state taxes and/or financing state spending with local sales taxes. These effects are difficult to predict and characterize because there will be a different effect for each of the many ways in which the state may adjust its taxes and expenditures. Similarly, the economic effects of using revenues to increase local government spending are difficult to treat systematically because spending may be increased inn many ways, each of which may have different economic effects; thus, generally applicable statements about these effects are not possible. Distribution of Income and Tax Burdens The main purpose and effect of taxation is to distribute the costs of government among individuals. Thus, a question that arises in the consideration of local sales taxations or any change in tax policy, is how it will alter the distribution of the coats of government (tax burden). Tax burden can be defined more precisely. A tax provides government with control over resource use (with purchasing power), while reducing individuals' ability to buy goods and services. That is, it reduces the real incomes of individuals. This reduction in real incomes is the burden of the tax. The initial distribution of this burden is termed tax impact, while tax incidence refers to the distribution after all market adjustments to the tax are complete. Tax shifting occurs when those who initially bear the tax burden adjust their market bebev~or in response to the tax, and 3O also on buyers.6 That incomes of individuals services.7 thereby shift some or all of that burden to others. If no shifting occurs, then tax impact and tax incidence are identical. The impact of a sales tax is on the buyers of the taxed goods and services. And, it is widely agreed that there is relatively little potential for shifting of general sales taxes; hence, sales tax incidence is is, collection of a sales tax reduces the real in proportion to their purchases of taxed goods and Since consumers' purchases of taxed goods and services tend to decline as a percentage of income as income increases, the sales tax burden 6In general, individuals bear tax burdens as income recipients (owners of factors of production) and as income users (consumers). The conclusion that consumers bear the burden of sales taxes, which appears to be widely and readily accepted, is based on the following reasoning. When a sales tax is imposed, either the price of the taxed products must increase or the incomes received by the factors used in the production of those products must fall. However, any attempt to reduce factor incomes appreciably in response to the tax would cause factors to seek employment in industries that produce goods and services that are not subject to sales taxation. Factor movement to such industries would be relatively easy because they account for more than half of the economy's total output. Factor incomes are thus unlikely to be affected significantly by the levy of local sales taxes; instead, prices of taxed products are likely to rise relative to other prices and money incomes, and, as a result, individuals will bear a burden that depends on their purchases of the taxed products. In the short run, an exception to this conclusion may arise if local tax rate differentials are sufficient to divert retail sales from merchants in relatively high tax localities to those in relatively low tax localities. The factors that determine the potential for such diversion are discussed in the following section, but to the extent that they occur, owners of resources (labor and capital) employed in retail sales activity in high tax localities may suffer income losses, while owners whose resources are employed in low tax localities gain. However, given time for adjustment to tax rate differentials, mobile resources will move from high tax to low tax areas in amounts sufficient to assure that similar resources earn similar returns (after taxes) regardless of their location. 7For example, if a family spends $8000 per year on the purchase of goods and services that are taxed at a rate of 3 percent, then their tax burden is $240 per year. 3! as a percentage of income likewise declines. That is, sales tax incidence is regressive with respect to income.8 In Iowa and many other states, this regresslvity is mitigated by exemption of neceesitltes, principally food, from the sales ta~ base. But even with such exemptions, state sales taxes, and the derivative local taxes, remain mildly regresslye. However, knowing that sales tax incidence is regresslye provides us with only a partial picture of the distributional effects of local sales taxation. The reason is that sales tax revenues will be used either to increaee spending or to substitute for revenues from other sources, and these uses will have distributlonal consequences. To obtain a complete picture of the distributiona]. effects of local sales taxation, we must look at the combined effects on the distribution of tax burdens and real income of first collecting and then using the tax revenues. That is, the net distributional effects of local sales taxation can be specified only with reference to a presumed use of sales tax revenues. When local sales tax revenues simply displace property taxes, thereby providing property tax relief, the net effect of local sales taxation on the distribution.of tax burdens is the combined effects of higher sales taxes and lower property taxes. This net effect of substituting one tax for another is termed differential tax incidence. If sales and property tax burdens are distributed among individuals in exactly the same manner, e.g., in strict proportion to income, then this differential incidence is zero; 8When tax burdens as a percentage of income decrease, remain constants or increase as income increasess tax incidence is said to be regressire, proportional, or progressive, respectively. 32 each taxpayer's property burden decreases by exactly the amount of the increase in his sales tax burden. But such is unlikely to be the case. are likely regressive in their incidence. As previously noted, sales taxes There is less agreement about the distribution of property tax burdens, but recent empirical and theoretical analyses conclude that property tax incidence is progressive, especially at higher income levels, rather than regressive, as earlier studies had concluded.9 And what is more important for present purposes, there is little reason to believe that property taxes are more regressive than sales taxes.10 Consequently~ substituting local sales tax revenues for property tax revenues will produce higher tax burdens for persons in the lower ranges of the income spectrum and lower burdens for those in the upper ranges. In other terms, this tax substitution will redlstribute tax burdens from higher income to lower income persons. In addition to altering the distribution of tax burdens among the residents of a locality, substitution of sales for property taxation may alter the distribution of tax burdens between residents and nonresidents. That is, it may alter the extent to which a locality exports its taxes. Nonresidents bear the burden of a clty's sales tax (the tax is exported) to 9See Aaron (1975). In Iowa, property tax credits for low income elderly and disabled homeowners and reuters enhance the progressivlty of the tax. 10The unshifted share of property tax burdens is borne by property owners and is therefore progressively distributed because property ownership ia distributed progressively with respect to income° High income people own more property relative to their income than do low income people. The shifted portion of property tax burdens is borne by the users of property services, ultimately consumers; shifted property taxes function as excise or selective sales taxes° The burden of these implicit excise taxes is unlikely to be distributed more regresslvely than the retail sales tax because it includes implicit taxes on services and housing, the expenditures on which are approximately proportional to income. 33 the extent that they purchase products taxed by the city, while they bear property tax burdens as owners of property in the city and/or as consumers of products produced with property located iu the city, General statements about how tax exporting may be affected by substitution o£ sales for property taxation are difficult to make; the effect will vary from locality to locality. We can note, however, that sales tax exportation depends on the extent to which a city or county is a trade censer for surrounding localitltes, while property tax exportation depends on the extent to which property located within the city or county is owned by and produces products for sale to nonresidents. A city that consists ~minly of residences and of businesses that are owned by and serve local residents has little potential for exporting either tax, while a city that is a major commercial and industrial center may be able to export significant shares of both taxes. It is difficult to argue that the substitution of local sales taxes for property taxes would redistribute tax burdens among residents of a locality or between residents and nonresidents in a manner that is desirable by either the ability-to-pay or the benefits-received criterion, the two basic criteria typically employed in evaluating tax systems. As explained aboves substituting local sales tax revenues for property taxes would probably increase the overall regressivity of the local tax system, making it less suitable by the ability-to-pay criterion. The benefits that individuals and business receive from government plausibly increase with their consumption and their use and ownership of property. Thuss both sales and property taxes are reasonably satisfactory taxes by the benefits-received criterion. 0r, at a minimum, there is no apparent reason for preferring one to the other on a benefits-received basis, and, therefore, no reason to expect that substituting sales for property taxes will make local tax 34 systems in general more (or less) satisfactory instruments for benefits- received taxation. Rather than displacing property taxess local sales tax revenues may be used to offset (allow) decreases in revenues from other sources, primarily state and federal grants and locally collected fees and charges, and to increase local spending. However, as explained aboves it is difficult to make general statements about the distributional consequences of these uses of local sales tax revenues. Therefore, perhaps the main conclusion to be drawn from the preceding discussion is that a general case for local sales taxation is difficult to make on distributlonal grounds. We cannot argue that local sales taxation will lead to more equitable taxation, though it may. We cannot argue that it will provide property tax relief, though it may. In short~ any general case for local sales taxation must be based on considerations other than its distributional effects. Locational Effects Local option sales taxes may result in intrastate sales tax differentials. A question that invariably arises in the discussion of such taxes is whether these differentials will significantly affect the geographic distribution of sales by shifting them from high tax to low tax localities- A related question is whether vendors in high tax localities will be placed at a competitive disadvantage via-a-vis those in low tax localities. Tax rate differentials will not affect the location of salea activity if the tax saving that buyers can obtain by shifting their purchases from high tax to low tax localities falls short of the transportation, time, and other costs of doing so. Such seems likely to be the case for small tax rate 35 differentials, e.g.~ one percent. Also, the use of sales tax revenues to displace property taxes and to provide public services that support and facilitate commercial activity may offset some or all of the disadvantages implicit in a relatively high sales tax rates. Thus, the businesses in a community that opts for a local sales tax need not lose sales and proflts~ even if nearby communities do not levy a similar tax. While sales diversion is not a necessary consequence of relatively high sales tax rates~ empirical studies do show tax rate differentials as having some effect on the geographical distribution of sales, especially within metropolitan areas.11 But the authors of these studies also point out that the potential for these location effects can be limited by limiting the range of local sales tax rates~ as most states do, and by allowing and encouraging jurisdictlous located in the same trading area to coordinate their rates. Sales tax differentials have their greatest potential effect on the location of sales when products are high cost and easily transported, e.g.~ automobiles. However, this potential effect can be virtually ellmluated by taxing such products under a use rather than a retail sales tax, as Iowa and many states do. With a use tax, purchases are taxed at rates applicable in the location of use rather than the sales location. If local sales and use taxes are modeled after those currently levied by the state of Iowa~ then this distinction will be made. In sum, tax rate differentials that arise in connection with local option sales taxation may influence the location of sales activity. But llSee AClR (1974, pp. 38-40) and Aroneon and Schwartz (1981, pp. discussion of these studies. 164-66) for 36 these location effects can be mltlgated~ if not eliminateds by limiting rate variation and by taxing motor vehicles and trailers under a use tax rather than an origin-based sales tax. CITY OF I0 WA CITY October 3, 1995 PRESS RELEASE Contact Person: Scott Kugler, Associate Planner, 356-5243 GRANT AWARDED TO HISTORIC PRESERVATION COMMISSION The Iowa City Historic Preservation Commission has been awarded a $2,500 grant to assist in the preparation of nomination forms for listing two proposed histodc districts in the National Register of Histodc Places. Both the College Green and the East College Street histodc districts are being proposed as recommended by Tallgrass Historians, Ltd., of Iowa City. following ark architectural/historical survey that was completed in the College Hill neighborhood in 1994. The College Green distdct includes College Green Park and the properties surrounding the park. The East College Street distdct includes properties on both sides of College Street between Summit Street and Muscatine Avenue. The funding was received from the Resources Enhancement and Protection (REAP) Act through a Historical Resource Development Program (HRDP) grant from the State Historical Society of Iowa. The Commission will use the award to assist in hiring a consultant to prepare the nominations. Listing on the National Register will not only honor the properties within the distdct by recognizing their historical importance, but may make property owners eligible for investment tax credits in certain instances. Owners of listed properties are not limited or restricted from making alterations to their propedies in any way, provided that no federal Ijcanse, permit or funding is involved - in which case certain standards must be adhered to. Owners of listed properties may be able to obtain federal histodc preservation funding, when funds are available, and may be exempt from certain regulations contained in local building and zoning codes. 410 EAST WASHINGTON STREET elOWA CITY. IOWA 52240-1826e(319) 3$6-~000e FAX (319} 356-5009 -2- The Iowa City Historic Presentation Commission was formed in 1982 by the Iowa City City Council. The Commission's primary functions are to promote public awareness and appreciation of significant historical, architectural, and cultural resources in the community, and to encourage the protection, enhancement, and perpetuation of these resources through the designation of local historic districts, historic landmarks and conservation districts. MAP 1. College Hill Neighborhood Survey Area showing boundaries of proposed historic districts and locations of key buildings individually eligible for the National Register of Historic Places. indzvzdually ehgablc buddsngs listed on the National Register of Historic Places ST J~GE l- College Green Historic District LOCAL OPTION SALES TAX INFOI~MATION /~JaIa&MAKEE: City of Harpers Ferry: January 1, 1995 - December 31, 1999 0% Property Tax Relief 60% Streets or Roads 40% Economic Development City of PoStrills: January 1, 1995 - December 31, 1999 0% Property Tax Relief 50% Public Safety 50% Street repairs, replacement and improvements City of Waterville: January 1, 1995 - December 31, 1999 0% Property Tax Relief 100% City Street Construction and Repairs City of Waukon: January 1, 1995 -- December 31, 1999 0% Property Tax Relief 100% for reconstruction/repair/replacement of existing streets, curbs, structures, storm sewers, sanitary sewers, water as they relate to streets within the corporate limits. BLACK~AWK: Unincorporated Area: April 1, 1996 - March 31, 100% for Property Tax Relief City of 0% 100% 2001 Cedar Falls: April 1, 1996 - March 31, 2001 Property Tax Relief Reconstruction/Repair/Replacement of existing streets, curbs, structures, stormsewers, sanitary sewers as they relate to streets. City of Elk Run Heiqhts: April 1, 1996 - March 31, 2001 0% Property Tax Relief 100% for Capital Improvements and/or Capital Improvement Debt Reduction. City of Evansdale: April 1, 1996 - March 31, 2001 30% for Property Tax Relief 50% for Repair, Replacement, Maintenance, Creation or Reconstruction of city streets, curbs, bridges, storm sewer, sanitary sewer, buildings and facilities. 20% for Capital Expansion, Capital Improvements, and Capital Equipment to be used for library, park and recreation, fire, police, public works, and policy/administration departments capital needs. City of Hudson: April 1, 1996 - March 31, 2001 0% for Property Tax Relief 100% for expenditures with Community Protection, Human Development, Home and Community Environment, or Policy and Administration categories of the annual City budget. City of Raymond: April 1, 1996 - March 31, 2001 0% for Property Tax Relief 100% for capital improvements and/or capital improvement debt reduction. Including, but not limited to, expenditure for construction, repair, replacement, maintenance, and reconstruction of city streets, sanitary sewer, water, Local Option Sales Tax Information April 18, 1995 Page 2 public buildings, equipment and City of Waterloo: April 1, 1996 - March 31, \0% for Property Tax Relief for reconstruction streets, curbs, structures, related to streets. La Porte: April 1, 1996 - March City 100% City of 0% 100% City of 0% 50% 50% or Property Tax Relief sville: April 1, 1996 - Property Tax Relief purpose of City April 1, 1996 - Ma for Tax Relief for water and for for maintenance and r curbs, storm s~ buildings. Dunkerton: for Property for the present City of 100% of existing sewers, as they 2001 31, 2001 Janesville 31, 2001 fee relief ction, repairs, replacement, of the city streets, sanitary sewers and public - March 31, 2001 and not as replacement funds levels by the City Council. BOONE COUNTY: City of ogden: January 100% community Improvements streets Human Development, Capital Sewers), Equipment and City of Sheldahl: Ja 1, 1991 75% Property Taz !lief 25% Human Devel (Park & City of Boxholm: 1, 1991 100% Upgrade Utilities and Ca City of 50% 50% City of 100% City of 20% 5% 75~ City 1~ ,% :ion) Beaver 1, 1995 Tax Relief Betterment April 1, 1989 Tax Relief July 1, 1990 Tax Relief uman Services 3apital Improvement and Capital Fraser: July 1, 1992 Community Protection, Human Capital Equipment of Luther: April 1, 1989 Maintenance & Upgrading Water System 50% Maintenance City Streets City of Madrid: July 1, 1991 100% Capital Improvements Equipment Development, Improvements Co~unity Local Option Sales Tax Information April 18, 1995 Page 2 City of 0% 100% City of 100% City of 0% 100% City of 0% 50% 50% City of 100% public buildings, equipment and parks. Waterloo: April 1, 1996 ~ March 31, 2001 for Property Tax Relief for reconstruction/repair/replacement of existing streets, curbs, structures, storm sewers, as they related to streets. La Porte: April 1, 1996 - March 31, 2001 for Property Tax Relief Janesville: April 1, 1996 - March 31, 2001 for Property Tax Relief for lawful purpose of City of Janesville Gilbert: April 1, 1996 - March 31, 2001 for Property Tax Relief for direct water and sewer fee relief for expenditure for construction, repairs, replacement, maintenance and reconstruction of the city streets, curbs, bridges, stormsewers, sanitary sewers and public buildings. Dunkerton: April 1, 1996 - March 31, 2001 for Property Tax relief and not as replacement funds for the present funding levels by the City Council. BOONI~ COUI~Y: City of Qqde~: January 100% 1, 1991 Protection, Community Human Development, Improvements (Streets & Sewers), Equipment Infrastructure City of Sheldahl: January 1, 1991 75% Property Tax Relief 25% Human Development (Park & Recreation) City of Boxholm: January 1, 1991 100% Upgrade Water Utilities and Capital Improvements City of Beaver: January 1, 1995 50% Property Tax Relief 50% Community Betterment City of B~rkleY: April 1, 1989 100% Property Tax Relief City of Boone: July 1, 1990 20% Property Tax Relief 5% Human Services 75% Capital Improvement and Capital Equipment City of [raser: July 1, 1992 100% Community Protection, Human Development, Capital Equipment City of buther: April 1, 1989 50% Maintenance & Upgrading Water System 50% Maintenance City Streets City of Madri.~: July 1, 1991 100% Capital Improvements Capital and Community Local Option Sales Tax Information April 18, 1995 Page 3 City of PilOt Mound: April 1, 1989 100% Property Tax Relief Unincorporated Area: January 1, 1991 75% Property Tax Relief 25% General County Betterment BUENA VISTA COUN~Y: City of Albert City: July 1, 1991 50% Property Tax Relief 25% Landfill Charges and Garbage Collection fees 25% Economic Development City of Marathon: July 1, 1991 0% Property Tax Relief 100% General Fund to be used for such things as property tax relief, landfill fees, street improvements, capital improvements, safety equipment. City of NeWel1: July 1, 1991 10% Property Tax Relief 75% Community Projects & Services 5% Library 10% Pool City of Sioux Rapids: July 1, 1991 50% Property Tax Relief 50% community Improvements, parks, and recreation City of Truesdale: July 1, 1991 0% Property Tax Relief 50% Relief of Water Bills 50% for Capital Improvements City of Linn Grove: July 1, 1991 0% Property Tax Relief 100% for the General Fund to be used for any lawful purpose such as construction of a community center, library, fire station. CERRO GORDO COUNTY: ~nincorporated Area: 0% 55% 25% 10% January 1, 1993 Property Tax Relief of such receipts shall be used for Secondary Road Fund for Community Betterment; 20% Rural County Usage; 5% General County Usage for General Fund 10% for Economic Development City of Rockwell: July 1, 1992 50% for Recreational Development and Maintenance 50% for Economic Development and Con~unity Betterment City of Swaledale: July 1, 1992 100% for General Fund and divided as follows: 25% to Library; 25% for Sewer; 25% for road use; Local Option Sales Tax Information April 18, 1995 Page 4 25% wherever needed such a Fire Dept. City of Thornton: July 1, 1992 45% for Property Tax Relief 30% for City Library 25% for Community Center, EMT, Fire and Police Departments City of Ventura: July 1, 1992 60% for Property Tax Relief 20% for Maintenance, repair and improvements to the city street system 10% for Fire Protection 10% for Police Protection City of Douqhertv: July 1, 1992 100% for Local Property Tax Relief City of Clear Lake: July 1, 1992 90% for Property Tax Relief 10% for Community Betterment Purposes in the city City of Mason city: July 1, 1992 - July 1, 1997 10% for Police and Fire Protection 40% for improvements such as surfacing/resurfacing, railroad crossing repair, underpass, overpass construction, traffic signal installation and maintenance, public parking maintenance, city named sidewalk repairs. 50% Property Tax Relief City of Rock Falls: July 1, 1992 - July 1, 1997 0% of Property Tax Relief 100% for additional income to fund sewer maintenance and repairs, preventive maintenance on the sewer system and sewer loan payments city of Plymouth: July 1, 1992 50% Property Tax Relief 50% for any lawful purpose of the city City of Messtrey: July 1, 1992 100% for Property Tax Relief UnincorDorated Area: July 1, 1992 0% for Property Tax Relief 55% for Secondary Road Fund 35% for County betterment 10% for Economic Development CLAYTON COUNTY: City of Elkader: April 1, 1994 80% for Infrastructure: water, streets and sewer 20% Economic Development City of Guttenberg: October 1, 1994 0% Property Tax Relief 100% for Construction, Reconstruction Streets and Thoroughfares. (Above was the only information available for Clayton county.) and Drainage of City Local Option Sales Tax Information April 18, 1995 Page 5 CLINTON COUNTY: City Of Comanche: October 1, 1989 0% for Property Tax Relief 100% for any lawful purpose of the city City of Clinton: October 1, 1989 50% for Property Tax Relief 50% for Storm Sewer Construction City of LoW MoOr: October 1, 1989 0% for Property Tax Relief 100% for any lawful purpose of the city City of ~n~over: October 1, 1989 0% for Property Tax Relief 100% for streets City Of calamus: October 1, 1989 for property tax reduction in an amount to be determined by the City Council. for other lawful purposes which are to be determined by the City Council. City of Charlotte: October 1, 1989 for property tax reduction in an amount to be determined by the City Council. for other lawful purposes which are to be determined by the City Council. City of Delmar: October 1, 1989 for property tax reduction in an amount to be determined by the City Council. for other lawful purposes which are to be determined by the City Council. City of Dewitt: October 1, 1989 40% for Property Tax Relief 60% for Streets City of Goose Lake: October 1, 1989 for property tax reduction in an amount to be determined by the City Council. for other lawful purposes which are to be determined by the City Council. City of Lost Nation: October 1, 1989 50% for Property Tax Relief 40% for Capital Improvement and 10% for Economic Development City of Grand Mound: October 1, 1989 for property tax reduction in an amount to be determined by the City Council. for other lawful purposes which are to be determined by the City Council. City of Toronto: October 1, 1989 50% for Property Tax Relief 50% for Fire Station Improvement City of Welton: October 1, 1989 0% for Property Tax Relief Local Option Sales Tax Information April 18, 1995 Page 6 100% to Sewer Construction City of Wheatland: October 1, 1989 for property tax reduction in an amount to be determined by the City Council. for other lawful purposes which are to be determined by the City Council. City of Clinton: October 1, 1989 37% for Property Tax Relief 63% for County Secondary Roads DELA~/~E COUNTY: City of Ryan: April 1, 1995 - Decelmber 31, 1999 20% for Property Tax Relief; a specific purpose or purposes for which the revenues shall be otherwise expended as follows: 25% for water 25% for sewer 30% for streets City of HoDkinton: April 1, 195 - December 31, 1999 0% for Property Tax Relief; a specific purpose or purposes for which the revenues shall be otherwise expended are as follows: 100% for general city purposes City of Dyersrills: April 1, 1995 - December 31, 1999 25% for Property Tax Relief; a specific purpose or purposes for which the revenues shall be otherwise expended are as follows: 75% for future bonding City of Edqewood: April 1, 1995 - December 31, 1999 0% for property tax relief; a specific purpose or purposes for which the revenues shall be otherwise expended are as follows: 50% for purpose of a fire truck 50% for general city purposes City of Delaware: April 1, 1995 - December 31, 1999 0% for Property Tax Relief; a specific purpose or purposes for which the revenues shall be otherwise expended are as follows: 90% for additional hard surfacing of county roads 10% for capital projects City of Dundee: April 1, 1995 - Decenter 31, 1999 0% for Property Tax Relief; a specific purpose or purposes for which the revenues shall be otherwise expended are as follows: 100% for any lawful purpose of the city City of Delhi: October 1, 1994 - December 31, 1999 0% for Property Tax Relief; a specific purpose or purposes for which the revenues shall be otherwise expended are as follows: 100% for General City purposes Local Option Sales Tax Information April 18, 1995 Page 7 City of 0% 100% city of 0% 100% City of 0% ioo% City of o% 30% 50% 20% Delaware: October 1, 1994 - December 31, 1999 for property tax relief; a specific purpose or purposes for which the revenues shall be otherwise expended are as follows: for general City purposes Earlville: October 1, 1994 - December 31, 1999 for Property Tax Relief; a specific purpose or purposes for which the revenues shall be otherwise expended are as follows: for street improvement Manchester: October 1, 1994 - December 31, 1999 for Property Tax Relief; a specific purpose or purposes for which the revenues shall be otherwise expended are as follows: for street improvements Greeley: October 1, 1994 - December 31, 1999 for Property Tax Relief; a specific purpose or purposes for which the revenues shall be otherwise expended are as follows: for City/Fire Department Equipment for Streets, Sidewalks and Sewer Projects for Park & Recreation Improvements City of 0% 7o~ lo% lo% Colesburg: October 1, 1994 - December 31, 1999 for Property Tax Relief; a specific purpose or purposes for which the revenues shall be otherwise expended are as follows: for Infrastructure for Ambulance Department for Fire Department for Library City 0% 50% 50% Of Masonville: October 1, 1994 - December 31, 1999 for Property Tax Relief; a specific purpose or purposes for which the revenues shall be otherwise expended are as follows: for streets for fire department/first responders DES MOINES COUNTY: City of Danville: October 1, 1994 - December 31, 1999 50% of the proceeds shall be used for payment of the City's General Obligation bonded indebtedness. 50% to be used for city street and drainage improvements. City of Middletown: October 1, 1994 - December 31, 1999 Will be used for repayment of the debt incurred on the Boundary Avenue Paving Project. City of West Burlington: October 1, 1994 - December 31, 1999 25% of the proceeds shall be used for Property Tax Relief. The remainder of the sales tax proceeds shall be used for Capital Improvements and Debt Service reduction. Local Option Sales Tax Information April 18, 1995 Page 8 City of Medi~polis: october 1, 1994 - December 31, 1999 20% of the proceeds shall be used for Property Tax Relief. The remainde[ of the sales tax proceeds shall be used for streets, storm sewer, parks, pool library, and Capital Improvements. Cities of Burlington and West Burlington: October 1, 1994 - December 31, 1999 50% of the proceeds for the City of Burlington shall be used for Property Tax Relief. The remainder of the sales tax proceeds for the City of Burlington shall be used for the funding of an annually approved Capital Improvements plan, and the hiring and equipping of six additional police officers. D~BUQUE City of Dubu~ue: April 1, 1988 50% Property Tax Relief 30% Reduction; at least 75% of Street Special Assessment, and Maintenance and Repair of Streets 20% Upkeep of City Owned Property. (Such as sidewalks, storm sewers, retaining walls, curbs, traffic signals, signs, city building facilities), riverfront and wetland development and economic development. City of Ashurn: April 1, 1988 0% Property Tax Relief 18% Police Protection 11% Street Lighting 6% Fire Protection 10% Snow & Ice Control 15% Insurance 40% Street Maintenance City of ~alltown: April 1, 1988 43% Property Tax Relief 11% Revenue Sharing 21% Municipal Assistance 25% General Fund City of Centralia: April 1, 1988 0% Property Tax Relief 100% Operating Expenses City of Holy. Cross: April 1, 1988 0% Property Tax Relief 50% Street Improvements 50% Water Improvements City of Zwinqle: April 1, 1988 5% Property Tax Relief 95% Street Improvements City of Epworth: July 1, 1988 50% Property Tax Relief 25% Community Betterment 25% Reduction of future street assessments Local Option Sales Tax Information April 18, 1995 Page 9 City of Farley: July 1, 1988 100% Property Tax Relief City of Bankston: July 1, 1988 0% Property Tax Relief 100% Anything Legal City of Bernard: July 1, 1988 0% Property Tax Relief 75% Streets-ROad Use Fund 25% General Fund City of Graf: July 1, 1988 100% Property Tax Relief City of Peosta, July 1, 1988 0% Property Tax Relief 50% Utility Maintenance 50% Community Betterment City of Shetrill: July 1, 1988 50% Property Tax Relief 50% Community Betterment Unincorporated Area: July 1, 1988 0% 100% city of loo% city of 0% 100% City of 50% 50% City of 0% lo0% City of 50% 25% 25% city of 50% 50% Property Tax Relief New Construction of Cascade: October 1, Property Tax Relief Dversville: October 1, 1989 Property Tax Relief Lawful Tax Purposes Luxemburg: October 1, 1989 Property Tax Relief Sewer Fund New Vienna: October 1, 1989 Property Tax Relief Community Betterment Worthinqton: October 1, 1989 Property Tax Relief Streets & Road Recreation Richardsville: October 1, 1989 Property Tax Relief General Fund Support Secondary Roads and Bridges 1989 FAYE~TE COU}eY: City of Arlinqton: January 1, 1995 - December 31, 1999 0% for Property TaX Relief The specific purposes for which revenues will otherwise be expended are: medical clinic, library maintenance, and park improvement. City of Clermont: January 1, 1995 - December 31, 1999 0% for Property Tax Relief The specific purposes for which revenues will otherwise be expended are: computerize the city office to include suitable Local Option Sales Tax Information April 18, 1995 Page 10 components for computer and office updating and replacing equipment. City of ElGin: January 1, 1995 - December 31, 1999 25% for Property Tax Relief The specific purposes for which revenues will otherwise be expended are: street repair and/or capital improvements. City of Hawkers: January 1, 1995 - December 31, 1999 0% for Property Tax Relief The Specific purposes for which revenues will otherwise be expended are: fire, seer, streets and alleys, cemetery, police, and water projects. City of a~nard: January 1, 1995 - December 31, 1999 0% for Property Tax Relief The specific purposes for which revenues will otherwise be expended are: streets and infrastructures. City of 0elwe~/~: January 1, 1995 u December 31, 1995 0% for Property Tax Relief The specific purposes for which revenues will othen/ise be expended are: road maintenance and sanitation. City of Randalia: January 1, 1995 - December 31, 1999 0% for Property Tax Relief The specific purposes for which revenues will otherwise be expended are: road maintenance and sanitation. City of LUcas| January 1, 1995 - December 31, 1999 30% for Property Tax Relief The specific purposes for which revenues will otherwise be expended are: fire fund, general fund. City of Wadend: January 1, 1995 - December 31, 1999 0% for Property Tax Relief The specific purposes for which revenues will otherwise be expended are: streets, water, fire equipment, library, parks. City of WaucOma: January 1, 1995 - December 31, 1999 100% for Property Tax Relief City of WestGate: January 1, 1995 - December 31, 1995 0% for Property Tax Relief The specific purposes for which revenues will otherwise be expended are: streets and infrastructures. : HOWARD COUNTY: City of Cresco: 50% 40% 10% City of 100% City of 70% Permanent services city 20% Park Improvements January 1, 1994 New Swimming Pool Repairs City buildings; Economic and Community Development Reduction of fees to residents for recycling program. Lime SprinGs: January 1, 1994 Repairs Streets and Swimming Pool Repairs Protivin: January 1, 1994 streets Local Option Sales Tax Information April 18, 1995 Page 11 10% Relieve continuing costs of recycling rate increase. City of Chester: January 1, 1994 100% Road and Street Maintenance City of Elma: July 1, 1994 50% Property Tax Relief 50% City Street Program Unincorporated Area: July 1, 1994 100% Property Tax Relief City of Riceville: January 1, 1995 95% Property Tax Relief 5% Any Lawful Purpose and solid waste IOWA COUNTY= City of Ladora: April 1, 1995 100% for Property Tax Relief City of Maren~o: April 1, 1995 0% for Property Tax Relief The specific purpose for which the revenues will otherwise be expended is: water, streets, sewer and storm sewer including curb and gutter. City of Millersburg: April 1, 1995 25% for Property Tax Relief 75% for any lawful purpose of the'city City of North Enqlish: April 1, 1995 0% for Property Tax Relief The specific purpose for which the revenue will otherwise be expended is: Any lawful purpose of the city. City of parnell: April 1, 1995 0% for Property Tax Relief The specific purpose for which the revenues will otherwise be expended is: Where the council decides it is needed. City of Victor: April 1, 1995 100% for Property Tax Relief City of Williamsburq: April 1, 1995 0% for Property Tax Relief The specific purpose for which the revenues will otherwise be expended is: Placed in the general fund for any lawful use of the city. UnincorDorated Area: April 1, 1995 50% for Property Tax Relief 50% Tax Relief for Rural Basic JACKSON COUNTY= City of 0% 100% City of 0% 100% Baldwin: October 1, 1989 Property Tax Relief for any lawful purpose of the city LaMotte: October 1, 1989 Property Tax Relief Capital Reserve for the General Fund Local Option Sales Tax Information April 18, 1995 Page 12 City of Miles: October 1, 1989 0% for Property Tax Relief 100% for Economic Development City of Preston: October 1, 1989 0% Property Tax Relief 100% Community Improvements City of $abUl~: October 1, 1989 50% Property Tax Relief 50% Economic Development City of Spra~ueville: October 1, 1989 50% for Property Tax Relief 50% for Community Development City of SpringbrooK: October 1, 1989 20% Property Tax Relief 80% Economic Development City of St, Donatus: October 1, 1989 0% for Property Tax Relief 100% for Municipal Improvements City of Be].levue: April 1, 1991 50% Property Tax Relief 50% on improvements in the infrastructure particular emphasis to be placed upon paving of streets. City of ~winqle: April 1, 1~91 5% for Property Tax Relief 95% for Street Improvements City of Ma~uoketa: October 1, 1994 50% for Property Tax Relief The specific purposes for which revenues will otherwise be expended are the completion of the Maquoketa Library of revenues has been expended for that purpose; and thereafter. 25% of the revenues shall be expended for waste water facilities and services. 25% of revenues shall be expended for recreational facilities and services. City of Monmouth: October 1, 1994 20% for Property Tax Relief ; The specific purposes for which revenues will otherwise be expended shall be 80% for new road construction, maintenance the rural road system, bridges and culverts. Unincorporated Area: 25% for Property Tax Relief 75% new road construction, maintenance the rural road system, bridges and culverts. City of ~ldr~W: October 1, 1995 0% for Property Tax Relief 50% for General Fund and 50% for Road Fund p;ogram with the permanent Local Option Sales Tax Information April 18, 1995 Page 13 JONES COUNTY: City of Cascade: April 1, 1995 0% for Property Tax Relief 100% to be deposited in the General Fund and used lawful purpose. City of Center Junction, April 1, 1995 30% for Property Tax Relief 50% for infrastructure improvements 20% for council choice City of Morley: April 1, 1995 100% for Property Tax Relief and no other purpose. City of 01in: April 1, 1995 40% for Property Tax Relief 40% for Infrastructure Improvements 20% for Economic Development City of 0neloW: April 1, 1995 25% for Property Tax Relief 60% for Infrastructure 15% for Economic Development City of Oxford Junction: April 1, 1995 25% for Property Tax Relief 60% for Capital Improvements 15% for Curb & gutter/sidewalks City of Wyoming: April 1, 1995 40% Property Tax Relief 60% for Capital Improvements/Infrastructure. for any LEE COUNTY: Unincor~orated Area: January 1, 1995 50% shall be used for Property Tax Relief. 50% for building repair and maintenance. City of Donnellson: January 1, 1995 40% shall be used for Property Tax Relief 25% for Library 25% for Parks and playgrounds 5% for Social programs 5% for Building maintenance, additions or construction. City of Houqhton: April 1, 1995 0% for Property Tax Relief 100% for Community Development City of West Point: April 1, 1995 50% Property Tax Relief 40% for reconstruction, repairs, replacements or additions to the existing sanitary sewer system owned and operated by the City of West Point. 10% for Maintenance, additions or construction to city owned parks. City of St. Paul: January 1, 1993 0% for Property Tax Relief 100% Sewer Funds Local Option Sales Tax Information April 18, 1995 Page 14 City of Fort Madison: October 1, 1991 - September 30,1996 60% shall be used for Property Tax Relief. The remainder shall be used for reconstruction/ repair/replacement of existing streets, curbs, structures, storm sewers, sanitary sewers as they relate to streets within the corporate limits. City of Keok~: October 1, 1991 50% Property Tax Relief 40% Infrastructure 10% Human Development Services City of Montrose: October 1, 1991 40% Property Tax Relief The remainder of the sales tax proceeds shall be used for capital improvement projects. City of Franklin: October 1, 1991 0% Property Tax Relief 100% Road Use LII~N COUNTY: City of Bertram: January 1, 1986 10% Property Tax Relief The specific purposes for which the revenues shall otherwise be expended are: Capital Improvements, Community Protection, Home and Community Environment, Public Works Activities and other ex-penditures permitted by law in the State of Iowa. M~a~A COUI~Y~ City Of Fremont: April 1, 1995 - March 31, 2004 45% Property Tax Relief 45% Construction and maintenance of a new county jail 10% Construction, renovation, fixtures and maintenance of Oskaloosa Public Library. Unincor~orated Area: April 1, 1995 - March 31, 2004 0% for Property Tax Relief The specific purpose for which the revenues shall othe~ise be e~ended is the construction and maintenance of a new county jail. City of New Sharon: April 1, 1995 - March 31, 2004 0% for Property Tax Relief 60% for construction and maintenance of new county jail 40% for New Sharon Public Library City of oskaloosa: April 1, 1995 - March 31, 2004 0% for Property Tax Relief 100% for the construction, renovation, fixtures and maintenance of the Oskaloosa Public Library. MITCHELL COUI~Y: City of Carpenter: January 1, 1995 - Dece~Lber 31, 0% for Property Tax Relief 100% for any lawful purpose in the city 1999 Local Option Sales Tax Information April 18, 1995 Page 15 City of Mitchell: January 1, 1995 - December 31, 1999 0% for Property Tax Relief 50% for Road and Sidewalk Construction and Repair 50% for Community Development City of Osaqe: January 1, 1995 - December 31, 1999 50% for Property Tax Relief 50% for Street Improvements City of Riceville: January 1, 1995 - December 31, 1999 0% for Property Tax Relief 100% for Street Improvements and Maintenance City of Orchard: January 1, 1995 - December 31, 1999 0% for Property Tax Relief 100% for Sewage Lagoon Project City of St. Ansgar: January 1, 1995 - December 31, 1999 0% for Property Tax Relief 50% for St. Ansgar Swimming Pool 50% for City parks improvements and other associated City Park Board programs. City of Stac~ville: January 1, 1995 - December 31, 1999 0% for Property Tax Relief 25% for Library 25% for Water & Sewer 50% for Streets MONONA COUNTY: City of Blencoe: July 1, 1990 20% for Property Tax Relief 80% for Infrastructure, including sewer, City of Castana: July 1, 1990 15% for Property Tax Relief 85% for Infrastructure, including City of Mapleton: July 1, 1990 50% for Property Tax Relief 40% for Infrastructure, including streets, 10% for Pool City of Moorhead: July 1, 1990 10% for Property Tax Relief 65% for Infrastructure, including sewer, 25% for New Community Building City of Onaw~: July 1, 1990 75% for Property Tax Relief 15% for Infrastructure, including streets, 10% for Industrial Development City of RodneV: July 1, 1990 25% for Property Tax Relief 75% for Infrastructure, including streets City of Soldier: July 1, 1990 10% for Property Tax Relief 10% 10% streets, and water streets and water sewer and water streets, and water sewer and water for Infrastructure, including sewer, buildings and park for Economic Development Local Option Sales Tax Information April 18, 1995 Page 16 70% for Water-and Streets City of Tu~i~: July 1, 1990 100% for Infrastructure, including streets, buildings and park City of U~e: July 1, 1990 40% for Property Tax Relief 60% for Infrastructure, including streets and water City of Whitinq: July 1, 1990 50% for Property Tax Relief 50% for Infrastructure, including streets, sewer and water UnincormOrated Area: July 1, 1990 100% for Secondary Road Fund to offset Road Use tax loss MUBCA~IN~ COUNTY: City Of Muscatine: July 1, 1994 - June 30, 1999 100% for Sanitary sewer and storm sewer projects 0% for Property Tax Relief City of Fruitland: July 1, 1994 - June 30, 1999 100% for Sanitary sewer projects and Public Infrastructure Improvements 0% for property Tax Relief City of wilson: July 1, 1994 - June 30, 1999 50% Sanitary sewer projects 50% Property Tax Relief City of Atalissa: July 1, 1994 - June 30, 1999 75% Sanitary Sewer System 25% for Property Tax Relief City of Stockton: July 1, 1994 - June 30, 1999 100% Property Tax Relief City of Conesville: July 1, 1994 - June 30, 1999 100% for Construction and maintenance of the proposed drainage project, for a community building project and for improvements and maintenance of city parks. 0% for Property Tax Relief City of Nichols: January 1, 1995 - June 30, 1999 100% Property Tax Relief UnincorDorated Areas: January 1, 1995 - June 30, 1999 100% Property Tax Relief POLK COUZ~TY: Polk City: January 1, 1986 25% Property Tax Relief 75% Major City Projects and Capital Sheldahl: July 1, 1987 75% Property Tax Relief 25% Human Development PO~AWA~TAMI~ C0UN~Y: UnincorDorated Area: April 1, 1995 15% for Property Tax Relief 70% Secondary roads capital improvements Improvements Local Option Sales Tax Information April 18, 1995 Page 17 10% Soil & Water Conservation Districts 5% County Conservation Department City of Avoca: January 1, 1995 50% for Property Tax Relief The specific purpose for which the revenues shall otherwise be expended is: infrastructure City of Hancock: January 1, 1995 20% for Property Tax Relief 20% for Community Protection (Fire Dept.) 60% Infrastructure (roads, water, sewer and garbage) City of Crescent: January 1, 1995 100% for Property Tax Relief City of Carter Lake: January 1, 1995 15% for Property Tax Relief The specific purposes for which the revenues shall otherwise be expended are: streets, sewers, drainage projects, and other capital improvements. City of Carson: January 1, 1994 80% for Property Tax Relief The specific purposes for which the revenues shall otherwise be expended are: water, sewer and solid waste. City of WalnUt: 10% for Property Tax Relief 90% for Infrastructure City of Underwood: January 1, 1994 0% for Property Tax Relief 75% for City Streets 25% for Sewer City of Tre~nor: January 1, 1994 30% for Property Tax Relief 40% for Sewer and Water Improvements 10% for Street and Storm Sewer Maintenance 20% for General Fund City Of Oakland: January 1, 1994 50% for Property Tax Relief The specific purposes for which the revenues shall otherwise be expended are: street and sewer improvements. City of Neola: January 1, 1994 0% Property Tax Relief 30% General Fund 30% Water Fund 20% Sewer Fund 10% Fire Fund 10% Electric Fund City of McClelland: January 1, 1994 65% Property Tax Relief 35% Street Repairs L~cal option Sales Tax Information April 18, 1995 Page 18 SCOTT COUNTY: Un!ncorporated Areas: January 1, 1989 100% for Property Tax Relief City of Bettendorf: January 1, 1989 60% Property Tax Relief 40% Other Lawful Purposes City of Blue Grass: January 1, 1989 40% Property Tax Relief 60% Other Lawful Purposes City of Buffalo: January i 1989 50% Property Tax Relief 50% Other Lawful Purposes City of Davenport: January 1, 1989 60% Property Tax Relief 40% Other Lawful Purposes City of D~Xo~: 0% Property Tax Relief 100% Other Lawful Purposes City of Donahue: January 1, 1989 0% Property Tax Relief 100% Other Lawful Purposes City of Eldridqe: January 1, 1989 0% Property Tax Relief 100% Other Lawful Purposes City of LeClaire: January 1, 1989 60% Property Tax Relief 40% Other Lawful Purposes City of Long Grove: January 1, 1989 0% Property Tax Relief 100% Other Lawful Purposes City of Mavsville: January 1, 1989 0% Property Tax Relief 100% Other Lawful Purposes City of McCausland: January 1, 1989 60% Property Tax Relief 40% Other Lawful Purposes City of New Liberty: January 1, 1989 40% Property Tax Relief 60% Other Lawful Purposes City of Panorama Park: January 1, 1989 0% Property Tax Relief 100% Panorama Park City of Princeton: January 1, 1989 60% Property Tax Relief 40% Other Lawful Purposes City of Riverdale: January 1, 1989 0% Property Tax Relief 100% Other Lawful Purposes City of Walcott: January 1, 1989 60% Property Tax Relief Local Option Sales Tax Information April 18, 1995 Page 19 40% Other Lawful Purposes STORY COUNTY= City of kmes: January 1, 1987 60% Property Tax Relief The specific purpose for which the revenues shall otherwise be expended is: Human service agencies, the arts and community betterment. City of Huxley: January 1, 1987 80% Property Tax Relief 8% Human Services Programs 8% General Purpose 4% Economic Development City of CambridGe: July 1, 1987 50% Property Tax Relief 50% Community Betterment City of Collins: July 1, 1987 60% Property Tax Relief 40% Human ServiceAgencies, the arts and community betterment City of Col0: July 1, 1987 60% Property Tax Relief 40% Community Betterment City of Gilbert: July 1, 1987 80% Property Tax Relief 15% Community Betterment 5% City Parks and Recreation City of Kelley: July 1, 1987 100% Property Tax Relief City of McCallsburg: July 1, 1987 60% Property Tax Relief 40% Community Betterment City of Roland: July 1, 1987 50% Property Tax Relief 25% Capital Improvement 25% Community Improvement City of Sheldahl: July 1, 1987 0% Property Tax Relief 100% Community Betterment City of Slater: July 1, 1987 100% Property Tax Relief UnincorDorated Area: July 1, 1987 60% Property Tax Relief 40% General County Betterment City of Nevada: January 1, 1989 0% 100% City of 0% 100% Property Tax Relief Community Betterment Max~!l: January 1, 1989 Property Tax Relief Cultural and Community Betterment Local Option Sales Tax Information April 18, 1995 Page 20 City of Ze~rinq: January 1, 1989 0% Property Tax Relief 100% Community Betterment City of Story City: October 1, 1990 40% Property Tax Relief 60% Community Betterment WINNESHIEK City Of 50% Property Tax Relief 45% Capital Improvements 5% Economic Development and Tourism City of Calmar: July 1, 1991 - March 31, 1996 0% Property Tax Relief 100% Street Improvements City of Castalia: July 1, 1991 w March 31, 1996 0% Property Tax Relief 100% Any Lawful Purpose of the City City of Fort Atk~nson: July 1, 1991 - March 31, 1996 0% Property Tax Relief 100% Any Lawful Purpose of the City City of Jackson Junction: July 1, 1991 - March 31, 0% Property Tax Relief 100%Any Lawful Purpose of the City City of Ossian: July 1, 1991 - March 31, 1996 0% Property Tax Relief 100% Any Lawful Purpose of the City City of Ridgeway: July 1, 1991 - March 31, 1996 0% Property Tax Relief 100% Any Lawful Purpose of the City City of Spillville: July 1, 1991 - March 31, 1996 0% Property Tax Relief 100%Any Lawful Purpose of the City COUNTY: Decorah: April 1, 1991 - March 31, 1996 UnincorDorated Area: July 1, 1991 40% Secondary Roads 25% Human Services 25% Solid Waste Collection & Disposal 10% Tourism & Economic Development 0% Property Tax Relief 1996 WOODBURY C0UI~TY: City of Sioux City: January 1, 1987 60% Property Tax Relief 20% Infrastructure including Street Resurfacing 10% Economic Development 10% Construction and Maintenance of Public Buildings City of Serqeant Bluff: January 1, 1987 50% Property Tax Relief 20% Capital Expansion, Capital Improvements and Capital Equipment .% Local Option Sales Tax Information April 18, 1995 Page 21 10% Parks & Recreation 10% Improvements for City Utilities and Streets 10% for Expansion, Construction and Repair of City owned Buildings. City of Bronson: January 1, 1987 10% Property Tax Relief 90% Maintenance and Improvements on Municipal Buildings City of Cushing: January 1, 1987 60% Property Tax Relief 20% Infrastructure, including Street Resurfacing 10% Economic Development 10% Construction & Maintenance of Public Buildings City of Moville: January 1, 1987 60% Property Tax Relief 20% Infrastructure including Street Resurfacing 10% Economic Development 10% Construction and Maintenance of Public Buildings City of Oto: January 1, 1987 5% Property Tax Relief 95% Storm Sewers and Street Construction City of Salix: January 1, 1987 5% Property Tax Relief 95% for Streets in the City of Salix City of S1Oan: January 1, 1987 40% Property Tax Relief 30% Water Sewerage Rate Reduction 30% Water Sewer Capital Improvement City of Anthon: October 1, 1988 50% Property Tax Relief 40% Infrastructure 5% Economic Development 5% Construction & Maintenance of Public Buildings City of Correctionville: October 1, 1988 60% Property Tax Relief 40% Water, Sewer, & Street Maintenance City of Danbury: October 1, 1988 60% Property Tax Relief 40% Infrastructure City of Hornick: October l, 1988 50% Property Tax Relief 20% Infrastructure 20% Economic Development 10% Construction & Maintenance City of Lawton: October 1, 1988 20% Property Tax Relief 80% Infrastructures & Economic and Streets City of Pierson: October 1, 1988 50% Property Tax Relief 50% Infrastructure of Public Buildings Development for Sewer, Water Local Option Sales Tax Information April 18, 1995 Page 22 City of Smithland: October 1, 1988 50% Property Tax Relief 30% Infrastructure 20% Community Development UnincorDorated Area: October 1, 1988 80% Property Tax Relief 20% Infrastructures and County Economic Development 'Chapter 4 Sales and Excise Taxes "EXCISE--A hateful tax levied on commodities, and adjudged not by the common judges of property, but wretches hired by those to whom ex- cise is paid." Samuel Johnson DICTIONARY (1755) How Sales Taxes Work o compute a sales tax, the cost of taxable items is multiplied by the tax rate. For T a $20 book is 80 cents. The final cost of the book to the consumer is $20.80. To- example, in Michigan, where the sales tax rate is four percent, the sales tax on tal collections should equal the tax rate times the sales tax base-the total price of all the goods and services subject to the tax. Often, states have more than one sales tax. They have a general sales tax (which is what most people mean when they talk about "the sales tax") and they have special sales taxes on particular goods or services. A typical special sales tax, which may have a different rate than the general sales tax, is a tax on utilities-such as electricity and telephone service. Many states also have local sales taxes. These usually (but not always) have the same base as the state sales tax. Thus, calculating the total state and local sales tax is generally simply a matter of adding the state rate to the local rate and multiplying it by the cost of taxable items. Unfairness Sales taxes are inherently regressire because the lower a family's income, the more of its income the family must spend on things subject to the tax. Typical!y low-income families spend three-quarters of their income on things subject to sales tax, middle-income families spend a little less than half of their income on things subject to sales tax and the richest families in the country spend only about a sixth of their income on sales-taxable items. Thus, three- quarters of the income of a low-income fam- ily, half of a middie-income family's income and just one-sixth of the income of a rich family is typically subject to sales tax. Put another way, a 6 percent sales tax is the equivalent of an income tax with a 4.5 per- F!orida's General Sales Tax As Shares of Family Income 6o/o- [;" "~. ,; .?!'-::..'i' "i:,. i"~. ' _ .._,..~ · ..~..-~ -': ' "~ . '~ '."7. ~ .~:-' %~.¢ -:....,-..:. . .: ~ ---~..:: .? ...:j. ~:~. 0%'¢ "'~" cent rate for the poor (that's three-quarters of the 6 percent sales tax rate), a 3 percent rate on the middle-class (half of 6 percent) and a one-percent income tax rate for the rich (one-sixth of 6 percent). Obviously, no one could get away with proposing an in. CmZENS FOR TAX Jus'nclt 15 come tax that looked like that. The only reason sales taxes are tolerated is that their regresslye nature is hidden in an innocuous looking single rate and the amount families pay is hidden in many small purchases throughout the year. Of course, the share of income subject to sales tax varies from state to state, depend- ing on what types of purchases are taxable. But the sales tax is very regressire every- where. In Florida, for example, a middle.income family making $35,400 a year pays 3.2 percent of its income in state and local general sales taxes, while a family in the richest one percent, with an income close to $1.2 million, pays only 1.1 percent of its income in sales taxes. Florida's low-income working families pay about 5 percent of their in- come in state and local general sales taxes. The "Equal Tax on Equal Purchases" Fallacy Despite the regressivity of the sales tax, some people claim that sales taxes are fair. After all, it is said, no one can completely avoid paying sales taxes since they apply to things that everyone-rich and poor alike-needs to buy. The sales tax hits everyone ~equally," goes this argument: the tax is the same on, say, a tube of toothpaste, no mat- ter who buys it. But this so-called "equality" is precisely why sales taxes fail the test of fairness. The cost of toothpaste, and therefore the sales tax on it, is the same for a rich person as for a poor person. But the rich person has many times more income. So the amount that the rich person pays in tax on that tube of toothpaste is a much smaller share of his or her income than the same tax on a middle- or low-income family. Of course, a rich family does consume more, and thus pays more sales tax in dollars than does a less well-offfamily. But in terms of what those dollars mean to rich families- as a portion of their income and how it affects their standard of living-the sales tax is far, far less of a burden on the rich than it is on middle. and low-income families. The Business Share of Sales Taxes Most state sales taxes exempt many types of business purchases from their tax base, on the theory that the sales tax is supposed to be a tax on final personal consumption. But some business purchases are subject to sales tax. These bus- iness-inl~ut sales taxes add to the cost of producing goods and services, and therefore are mostly passed forward to consumers in the form of higher prices at the retail level. There are, however, some exceptions to this rule. For example, manufacturers that compete against out-of-state producers that do not pay equivalent business-input sales taxes may be unable to pass on their added tax costs to consumers. If they try, their competitors not paying the tax will be able to undercut their price. In such circumstanc- es, companies might have to try to cut other costs-e.g., wages-to make up for their higher taxes compared to their competitors. Or they may lose profits. But because busi- ness-input sales taxes don't wary a great deal from state to state, the wast majority of busi- ness sales taxes are indeed passed forward to consumers. Some of the sales taxes paid by businesses may be exporteLi to out-of-state consum- ers. For example, Mississippi taxes industrial electrical use at a 1.5 percent rate. Assum- ing that competitive forces do not keep down the price of Mississippi-made products sold in other states, a Biloxi-based maker of infant car seats with only 10 percent of its sales in Mississippi will shift most of the tax it pays on electricity to buyers who live in Texas, California, Massachusetts, and elsewhere. In this case, only a little of the tax hits Mississippi's middle- and low-income families. But their counterparts in other states will 16 GUIDE TO FAIR STATE & LOCAL TAX POLICY pick up the tab (in a regressive manner), while Mississippi families may. in effect, pay the cost of similar taxes imposed by other states. (Alternatively, if competitive pressures do not allow the electricity tax to be passed on to out-of-state customers, then the Missis- sippi car-seat maker may find itself at a competitive disadvantage compared to out-of- state manufacturers.) Revenue and Stability Sales taxes raise a lot of revenue. Nationally, state and local sales tax revenues were $121 billion in fiscal 1990-one quarter of total state and local tax collections. Bue during times of economic uncertainty, sales tax collections can be volatile. They can fall both when there is an economic downturn and when people are afraid an eco- nomic downturn is coming. In other words, revenue is dependent both on families' incomes and their confidence in their future earnings. Ifa family thinks it may face hard times soon, it may delay spending if possible-in anticipation of the worst. Purchases of big-ticket items like new cars are particularly likely to be postponed. As a result, sales tax revenues can fall during periods of economic uncertainty-even before a recession has set in3° State sales tax collections nationwide grew by only 0.9 percent from the last quarter of 1990 to the last quarter of 1991-not counting legislated rate increases or base expan- sions. But inflation was about 3 percent for that period. So, in real terms, sales tax reve- nue dropped by about 2 percent. In contrast, personal income tax collections increased by about 1 percent in real terms during the same period-despite the recession.z~ The sales tax usually is not a high-growth tax. Purchases of goods and services sub- ject to sales tax do not necessarily grow as fast as the rest of the economy. In recent decades, this has been particularly noticeable as consumption has shifted from goods to services. Since goods are subject to sales taxes to a much greater degree than services, that shift in consumption has adversely affected sales tax revenues. No Federal Deductibility One big problem for a state that relies heavily on sales taxes is that sales taxes are not deductible by itemizers in computing their federal taxable income. Thus, compared to income and property taxes (which are deductible on federal tax returns), sales taxes cost the citizens of a state considerably more for every dollar in revenue collected. Sales Tax Issues Every state and local general sales tax is regressire. The degree of unfairness, how- ever, ranges substantially-from moderately regresslye in states like Vermont and Massachusetts to extremely regressive in states like South Carolina and Georgia. (See the chart on the next page.) These differences primarily reflect the kinds of pur- chases that states decide to tax. z°As Len McComb, Director for the Department of Revenue for tile state of Washington, said recently in discussing his state's revenue shortfall: 'People may restrict spending behavior because they are con- cerned about the economy or their job.' zlCenter for the Study of the States, State Revenue Reports (Feb. 1992). CITIZENS FOR TAX JUSTICE 17 Adjusting the Tax Base Sales taxes can be made less regresslye by taxing more of the things the wealthy consume the most and fewer of the things middle- and low-income fami- lies spend most of their money on. The single most important difference among the states as far as sales tax regressivity is concerned is whether groceries are taxed. Taxing food is extremely regressive be- cause such a high portion of the income of poorer families goes to mere sus. tenance. In fact, of the ten states with the most regresslye sales taxes, eight tax gro- ceries. While a tax on food hits middle- and low-income families the hardest, taxes on Sales Tax Burdens in South Carolina & Vermont {combined state & local sales taxes) l°/o~ , I ~ ~ i [ e~ % ~ 1% luxury goods such as limousine purchases, fur coats, expensive jewelry, airplanes and high-priced cars hit the rich. Although a sales tax will be less regressire if such luxury items are taxed at higher rates, the benefits should not be overstated. First, these luxury goods make up only a very small fraction of the sales tax base. Second, there is a "border crossing" problem. For infrequent, big-ticket, purchases a difference in sales tax rates can be an incentive to make the acquisition out of state. Though border-crossing con. sumers are legally subject to use tax in their home state (which is supposed to eliminate the advantages of border crossing), stopping use tax evasion is extremely difficult and infrequently accomplished.zz Sales Tax Credits ax credits or direct rebates are often suggested and sometimes used to make sales Ttaxes less unfair, especially to the poor. In theory, rebates could completely offset the regressivity of the sales tax. But in practice, it simply wouldn't work. One central problem is that while a state may be able to relieve the sales tax burden on low-income families through a credit or rebate, there is no practical way to make sales taxes on middle-income families commensurate with the light sales taxes borne by the wealthy. Since low- and middle-income families bear most of the burden of the sales tax, a sales tax and rebate system that ended up taxing the middle class at the same low rate as the rich wouldn't be worth the trouble of collecting (and rebating). Even as a means for helping only low-income families, credit or rebate systems have difficulties. The biggest is getting poor families to participate in the program. Trying to give rebates through a state's income tax system, for example, runs into the difficulty that poor families often don't have to file income tax returns. To inform low-income families of a rebate program and encourage their participation requires a huge outreach effort.23 22A "use tax" is a sales tax which applies to goods bought from out.of. state retailers. Technically, mail order sales from out-of-state vendors, for instance, are subject to the use tax where the consumer lives. But this tax is seldom paid. z3New' Mexico, however, claims to have a high rate of participation in its low-income credit program. 18 GUIDE TO FAIR STATE & LOCAL TAX POLICY Another problem with existing low-income sales tax credits is that they are not large enough. For example, they don't take into account the added costs to families of sales taxes initially paid by businesses and passed on to consumers. And unfortunately, the credits usually ate not indexed for inflation-thus their value erodes over time. To be sure, rebates or credits can be valuable to poor families. But no one should think that they can entirely solve the problem of sales tax regressivity. Sales Tax "Loopholes" he s.41es tax is well enough understood that special interest loopholes in the tax tend T to be noticed, especially compared to some of the more complex tax breaks that are sometimes bidden in the income tax. That doesn't mean, however, that special interests don't work hard to get preferential sales tax treatment. Indeed, when states consider expanding their sales tax bases, lobbyists for such potential targets as lawyers, accoun- tants, dry cleaners, advertising agencies, country clubs and others fight tooth and nail for their exemptions. On the other hand, one type of supposed "business loophole" in the sales tax-the exemptions given for certain purchases by businesses-is not only the result of effective lobbying, but also is often based on sound economic grounds. For example, nobody thinks that retailers should pay sales tax when they buy goods at wholesale. If they did, the goods would be taxed twice-once at the wholesale transaction and once at the retail sale-with the ultimate consumer bearing the burden of this double-taxation. But the same principle applies when, for example, furniture-making companies buy wood to make into tables and chairs. If they must pay sales tax on the wood, then the wood will, in effect, be taxed twice-once when it is bought by the manufacturer, and again when it is bought by the consumer as part of the furniture. Such multiple levels of sales taxation-which once were common in Europe-can create serious economic problems. For example, suppose one furniture manufacturer chops down trees, does all the wood machining, shaping and assembly itself, and runs its own retail stores. But another furniture manufacturer buys semi-finished wood from a lumber company, which in turn bought it from a timber company. And suppose that the second manufacturer sells its furniture at wholesale to unrelated retail stores. Only the final retail furniture sales of the first, integrated manufacturer will be taxed, since until then, the furniture and its components never change ownership. But under a "cas- cading" sales tax system, the products of the second manufacturer would be taxed four times: first when the wood is purchased by the lumber company, second when pur- chased by the furniture manufacturer, third when bought by retailers, and finally when sold to consumers at retail. Such a strange tax system would give the products of the integrated company a huge competitive ad',,antage over those of the second manufac- turer-even though the multi-company approach to furniture making and sale might be just as-or more-economically efficient. An oddity created by taxing business inputs is that the effective sales tax rate on income may actually end up higher than the nominal sales tax rate. In other words, a state can have a 5 percent sales tax rate but there may be families that have 6 percent of their income going to sales taxes. This is caused by two related phenomena. First, families pay a higher price for a product because the tax on the purchases by businesses increases the cost of making, wholesaling and retailing the product. Second, the retail sales tax applies to this added increment in. the price, compounding the problem. Very low-income families often have a higher effective sales tax rate on income than the nominal sales tax rate. Even before accounting for sales taxes on business inputs, CITIZENS FOR TAX JUSTICE 19 poor ramfifes eady have a high effective sales tax rate on income became so much of what they spend their money on is subject to the sales tax. When the effect of higher costs of products from sales 'taxes on business inputs is added in, the effective tax rate on low-income families can actually be above the nominal sales tax rate. Taxing business inputs can also undermine some of the methods used to make the sales tax less unfair. For example, ffgrocery stores pay sales tax on the smocks they buy for their clerks, the fees they pay their lawyers, ete, and pass this tax on to their custom- ers in the form of higher retail food prices, the benefit of exempting food from the sales tax is partially undermined. These examples illustrate that supposed "business loopholesn in the sales tax must be analyzed to see ff they arc sensible structural rules or undeserved tax breaks. What is a fair tax? "It's a notion as old as the biblical parable of the "widow's mite"... Adam Smith, 1776 - the citizens "of every state ought to contribute toward the support of government as nearly as possible in proportion to their respective abilities." fair tax is a progressive tax! . .ll/lllllll/~ -- :' ...!~:'-,. lower Who pays theAsales tax? 7-' 5/ " ImSalesandUseraxl ,.."' O "-~f ' :' ,' ,""'~"~"";'~"-r--;-~ .... , , E o