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2002-04-16 Info Packet of 4/11
CITY COUNCIL INFORMATION PACKET www.icgov.org April 11, 2002 I MISCELLANEOUS ITEMS IP1 Memorandum from City Council: ISO Fire Insurance Rating IP2 Memorandum from City Manager: Stipend for Board and Commission Members IP3 Memorandum from City Clerk: Regional Government Video IP4 Memorandum from City Clerk: April 1 Work Session IP5 Fax to Finance Director: Aaa Bond Rating IP6 Memorandum from Planning and Community Development Director: Cellular Tower Study IP7 Memorandum from Police Captain Matt Johnson to City Manager: Council Correspondence - Semel IP8 Memorandum from Phillip Jones (U of I) to The Stepping Up Project Coalition: Recent Statistics on Underage Drinking IP9 Invitation: Iowa City Landfill and Recycling Center Open House and Ribbon Cutting IP10 Letter from Council Member Kanner to Assistant City Attorney Andy Matthews: Electric Franchise IPll Email from Council Member Pfab: Mass Transit IP12 Agenda Packet: April 18 Council Economic Development Committee Email from Council Member Pfab: Denver Parking Rates Falling Email from Council Member Pfab: Catching Speeders Email from Council Member Pfab: Traffic Cams Email from Council Member Pfab: Fight Crime: Invest in Kids Press Release Email from Council Member Pfab: Michelle Tsai/Proposed Law Would Protect Nannies March 21,2002 Information Packet /continued/ 2 From Mayor Pro tem Vanderheof: National League of Cities POLICY INFORMER CITY COUNCIL INFORMATION PACKET www.icgov.org April 11,2( MISCELLANEOUS ITEMS IP1 Mem.,,orandum from City Council: ISO Fire Insurance Rating IP2 Memo~ndum from City Manager: Stipend for and Commission Membe~,,, IP3 from City Clerk: Regional Goverm Video IP4 City Clerk: April 1 Work I IP5 Fax to Fina Aaa Bond IP6 Memorandum from PI~ lng and Development Director: Cellular Tower Study IP7 Memorandum from Police Matt Johnson to City Manager: Council Correspondence - Semel IP8 Memorandum from Phillip of I) to The Stepping Up Project Coalition: Recent Statistics on Uf lng IP9 Invitation: Iowa City and :ling Center Open House and Ribbon Cutting IP10 Letter from Member Kanner to City Attorney Andy Matthews: Electric Franct IPll Email from ~ncil Member Pfab: Mass IP12 Agenda April 18 (: ~ment Committee City of Iowa City MEMORANDUM Date: April 9, 2002 To: City Council From: City Manager Re: ISO Fire Insurance Rating The Insurance Services Office (ISO) visited Iowa City in October 2000 to reevaluate our insurance classification as it is affected by our Fire Protection services. We have received confirmation that Iowa City has attained a Class 3 rating, improved from the former Class 4 rating. This is a significant accomplishment for our Fire Department. The ISO rates public fire protection on a scale of 1-10. Class 1 is the best rating achievable and Class 10 indicates a total lack of fire protection. A community's rating is based on its water supply, its ability to receive an alarm and dispatch fire apparatus, and the department's ability to deliver the required volume of water to extinguish a fire. The move from a Class 4 to a Class 3 rating wilt not impact homeowner insurance rates. The majority of carriers group town classes 1-8 into the same rating group. However, the move from a Class 4 to a Class 3 may have a positive impact on commercial property depending on the type of insurance carried. In the Business Owners Package, which is used by the majority of retailers, the Class 3 could produce up to a 6% reduction, depending on the carrier's rating system. Standard Fire Coverage would result in a 2% reduction on wood frame construction and a 1% reduction on masonry construction. The loss history and risk management program could also affect an insured's premium. Our insurance adviser provided the insurance rate information. Again, this is a significant community as well as City government (Fire Department) accomplishment. mgr/mem/flrerating doc City of Iowa City MEMORANDUM Date: April 11, 2002 To: City Council From: City Manager Re: Stipend for Board and Commission Members I asked the Iowa League of Cities staff to review and determine whether the provision of a stipend to board and commission members was a practice that we might be aware of in Iowa. After a cursory review they found that the stipend was not common. They did point out that often electric utility boards were compensated but other than that type of board, there was no evidence of stipends being provided for plan commission members, housing authority, historic preservation, etc. I was reminded there is a State law which provides for workers compensation coverage to our board and commission members. That is, if they are involved in the conduct of any City businesses that relates to their membership in a board or commission, they would be covered with workers compensation. rngdrnem/stipend-b&c.doc City of Iowa CityiP3 MEMORANDUM DATE: April 8, 2002 TO: Mayor and City Council FROM: Maclan K. Karr, City Clerk &k.~ RE: Regional Government Video Carol Spaziani dropped offa copy of the video "One Voice, One Vision, The Rocky Road to Regional Government" to Council Member Wilburn and asked that the video be circulated among Council Members. Cable Television also has a copy. Council Member Wilburn will be returning his copy to Ms. Spaziani, and ask that anyone interested in viewing the video contact the Cable office at 356-5017. Cc: Bob Hardy, Cable Television S :regionalgowideo.doc City of Iowa City MEMORANDUM Date: April 1, 2002 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, April 1, 2002, 6:30 PM in Emma J. Harvat Hall Council: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef (6:40), Wilburn Staff: Atkins, Helling, Dilkes, Karr, Franklin, Fosse, Davidson, O'Malley, Grosvenor Tapes: 02-31, Both Sides; 02-32, Side 1 (A complete transcription is available in the City Clerk's Office) ADDITION TO CONSENT CALENDAR Council agreed to add a Class C Liquor License and dancing permit for the Union Bar to the agenda. PLANNING & ZONING ITEMS PCD Director Franklin presented information on the following items: A. Public hearing on amendments to the Comprehensive Plan, South District Map to show the general alignment of a future east-west arterial street and to amend the text of the plan to refer to the alignment. B, Public hearing on amendments to the Comprehensive Plan to provide for the location of large apartment in new neighborhoods and to amend the South District Plan land use map to depict multi-family development on the east side of South Gilbert Street east and south of Napoleon Park. C. Public hearing on an ordinance rezoning 17.64 acres from Interim Development Single Family (ID-RS) and Interim Development Multi-Family (ID-RM) to Planned Development Housing Overlay-12 (OPDH-12) to allow 168 dwellings in 18 buildings located on the east side of Gilbert Street south of Napoleon Lane. (Hammond/REZ01-00024) D. Public hearing on an ordinance rezoning 5.45 acres from Rural Residential (RR-1) and Interim Development Single Family Residential (ID-RS) to Low Density Single Family Residential (RS-5) located at the northwest corner of Rohret Road and Phoenix Drive. (Hanick/REZ02-00001) City Engr. Fosse present for discussion. E. Public hearing on an ordinance amending the Neighborhood Commercial, CN-1, zone to broaden the uses allowed and to revise the dimensional requirements and design provisions. Council Work Session April 1, 2002 Page 2 Council Member Kanner asked that staff provide a redlined version of the ordinance for Council review in the futura. F. Public hearing on an ordinance amending the Zoning Code, Article O, Sign Regulations, to permit portable signs in the Central Business Service, CB-2, Central Business Support, CB- 5, and Central Business, CB-10, zones. In response to Council Member Kanner, PCD Director Franklin stated that Lou Henri's Restaurant is a nonconforming use in a residential zone and a portable sign would not be allowed. Staff will follow up on the specific before responding to a proposed amendment suggested by Council Member Kanner for the site. G. Ordinance rezoning 18.2 acres from Low Density Single-Family, (RS-5) to Sensitive Araas Overlay Low Density Single-Family (OSA-5) and a preliminary sensitive areas development plan for Hickory Heights, a 20-lot residential subdivision located west of Scott Boulevard near its intersection with Dodge Street. (REZ01-00028/SUB01-00031) (First Consideration) H. Ordinance to vacate the northern 182 feet of the 20-foot wide alley right-of-way located south of Burlington Street and west of Dubuque Street. (VAC01-00004) (Pass and Adopt) I. Resolution approving the final plat of Stone Bridge Estates, Pads 2-4, a 13.98 50-lot residential subdivision located east of Camden Road north of Court Street. (SUB02-00001) J. Resolution approving the extraterritorial preliminary plat of Lacina Meadows, an 80.13 acre, 23-Lot residential subdivision located in Fringe Area C west of Dane Road, east of Naples Avenue and north of Osage Street. (SUB02-00004) AGENDA ITEMS 1. (Item #9 - Civil Penalty ... North Dodge Exprass) City Clerk Karr noted that the establishment had signed a waiver of hearing and paid the civil penalty. Therefore, no hearing would be held and instead action is racommended on a resolution accepting the payment. 2. (Item #15 - Resolution adopting ... Housing Authority's Updated Annual Plan) There were no questions for Housing Adm. Grosvenor on her agenda item. 3. (Consent Calendar - Items d(3), d(4), d(5) - Resolutions setting public hearing on proposed Urban Renewal Areas) Council Member Kanner stated his intent to request the items for removed from the Consent Calendar for separate consideration Tuesday evening. 4. (Consent Calendar - Item d(1) - Motion setting public hearing on CDBG ... budgets) Council Member Wilburn stated he has been advised by the City Attorney that he has a conflict of interest on this item and requested that the item be deleted from the Consent Calendar for separate consideration to allow him to vote on the ramaining items and abstain from voting on this motion. Council Work Session April 1, 2002 Page 3 5. (Consent Calendar- Item #e(1) - Resolution ratifying....Iowa Department of Cultural Affairs...grant funds) PCD Director Franklin noted amendments to the amount since the agenda was printed. The total grant request will be $24,000, and the local match of $20,000 would come from the public art funds and go toward the actual sculptures or whatever the art is. A $5,920 in kind contribution would be our local 50 percent match. 6. (Consent Calendar - letter from Becky Soglin re sensitive areas ordinance) In response to Council Member Kanner, PCD Director Franklin and City Atty. Dilkes stated that information would be provided by the Corps of Engineers prior to P&Z review and that the ordinance could potentially be to Council in late May. 7. (Item #8 - Ordinance amending ... increase parking fees) Council Member Vanderhoef stated her interest in amending the ordinance to increase the overtime parking from $3.00 to the state maximum of $5.00. She also encouraged asking the Legislative Policy Committee for the League of Cities to pursue legislation to allow the City's to impose the same reasonable and prosperous fines that the University does. 8. (Item #7 - Public Hearing on Airport Zoning) PCD Director stated that the item comment was incorrect and that the ordinance would not be reviewed by Planning & Zoning again but would come back to the City Council for another hearing at a later time. Council Member Kanner requested a colored map of the area. COUNCIL APPOINTMENTS Airport Zoning Board of Adjustment - Carl Williams Historic Preservation Commission - Amy Marie Smothers Coccoluto (At Large) Readvertise (Moffitt Representative) Chief Elected Official - Work Force Development - Dee Vanderhoef UPDATE ON PARCEL 64-1A PCD Director Franklin presented information. STAFF ACTION: Prepare development agreement for Council consideration. (Franklin) 25% CAPITAL IMPROVEMENTS/DEBT LEVY POLICY (Agenda Item #22; IP1 of 3/28 Info Packet) City Mgr. Atkins stated that the FY03 budget is within the policy but with the library and other capital projects it going to push beyond the 25%. He stated he could be eight years for the capital plan to fall back under the 25% policy. Staff had fashioned the library bond as a 20 year pay out, and the other bonds debt as 10 year. Council Work Session April 1, 2002 Page 4 CAPITAL PROJECTS (IP9 of 3/14 Info Packet) City Mgr. Atkins and City Engr. Fosse reviewed information. Fosse stated there were projects not included on the report because they were started before this calendar year and are still continuing: · Water Plant - done almost $23M worth of work; change work orders if $60,000. Fosse noted industry average for such a project would be $800,000 to $1M · Wastewater Plant - constructed $24M to date; $89,000 to good (more deducts than additions) in change work orders. BOARD AND COMMISSION MEMBER CHILD CARE (IP2 & IP3 of 3/28 Info Packet) Council Member Kanner requested Council consider setting aside a budgetary amount for this purpose. Council Member Wilbum suggested looking at barriers to citizens padicipating on Boards and Commissions beyond child care, and maybe the next budget cycle think about setting aside some money in the form of a stipend. There was not a majority interested in pursuing this matter at this time. A majority of Council agreed to have staff contact the State League of Cities to see what other cities in the State are doing as far as offering stipends to Board or Commission members, what they can do with the stipend, and whether this did increase participation. Staff will provide a memo of the results of their inquiries. STAFF ACTION: City Manager to contact Iowa League of Cities. (Atkins) COUNCIL TIME 1. Council Member Vanderhoef requested staff review performance of the developer's of the CDBG projects for housing projects prior to allocations this year. The City Mgr. will follow up with staff regarding this request and report back to Council on what's involved. Meeting adjourned 8:55 PM. 04/09/2002 16:12 ET REF: NOOD2134,0001 FR:~OOOYS T0:3193565009 ATTN: Kevin O'Malley IP5 Iowa City MOODY'S ASSIGNS Aaa RATING TO CITY OF IOWA CITY'S, IA GENERAL OBLIGATION BONDS, SERIES 2002 $88.9 MILLION DEBT AFFECTED ~~ Iowa City (City of) IA / ~ MunicipalityIowa ~ Moody's Rating Issue Rating General Obligation Bonds, Series 2002 ~? Sale Amount $29,100,000 Expected Sale Date 04/16/02 Rating Description General Obligation Unlimited Tax NEW YORK, April 9, 2002 -- Moody's Investors Service has assigned a Aaa rating, with a stable outlook, to the City of Iowa City's $29.1 million General Obligation Bonds, Series 2002. The bonds, which are secured by the city's general obligation unlimited tax pledge, will primarily finance the improvement and equipping of a public library as well as road improvements. Moody's also affirms the Aaa rating on the city's outstanding $59.9 million of general obligation, unlimited tax bonds. The highest quality rating and stable outlook are based on the city's long-term economic stability, strong financial management, and a moderate amount of debt that is retired at a better-than-average rate. STABLE ECONOMY WITH STEADY TAX BASE GROWTH Significant employment opportunities for more than 20,000 people at the University of Iowa and its medical center, as well as a mix of service and light manufacturing entities, result in strong city economic stability and continuing moderate economic growth. The University of Iowa is the flagship public institution in the state, with stable enrollment exceeding 25,000. Despite the significant presence of students, the city's wealth levels are strong and exceed state averages. Unemployment at 2.9% (January 2002) is lower than both state and national levels. Given these positive economic factors, the city's property tax base has been growing steadily, with assessed valuation increasing 4.3% annually over the last five years. Moody's believes that this level of growth will be maintained due to continued commercial and residential development, as well as the availability of land for development. REDUCED BUT STILL FAVORABLE GENERAL FUND RESERVES In FY 2001, the undesignated General Fund balance was $5.3 million or 16% of General Fund revenues, which meets the city's goal of maintaining undesignated reserves equal to 15%-20%. City officials originally anticipated a $500,000 draw down from reserves in FY 2002, however, due to increased administrative fees charged to the enterprise funds as well as budget cuts, city officials anticipate a slight operating surplus. City officials anticipate increasing the General Fund balance by $400,000 by the end of FY 2003. Moody's notes that the city's General Fund balance and Undesignated General Fund balance have been declining, from FY 1995 levels of 40.7% and 37.3%, respectively, to 26.8% and 16.0% in FY 2001. The city's ability to maintain strong General Fund balances will remain an important credit factor in future analysis. 04/09/2002 16:12 ET REF: NOOD2134.0001 FR:HOODYS T0:3193565009 Page 2 of 2 MODERATE DEBT LEVELS The overall debt burden of 3.5Z is moderate, and payout is above average with 64.1Z of principal retired in ten years. Pressure on the property tax is somewhat mitigated in that approximately 16Z of the city's general obligation debt service is paid from alternate sources such as water and sewer revenue. The city plans to issue $8.0 million water revenue bonds in July 2002. Thereafter, the city plans to issue about $28.0 million in general obligation debt over the next five years in installments that are approximately equal to the annual amounts of existing debt that are scheduled for retirement. Moody's expects the debt burden to remain manageable for the foreseeable future, given the city's moderate debt levels, expectation for continued tax base growth, and above average bond payout. KEY STATISTICS 2000 population: 62,220 2002 full valuation: $2.9 billion 2002 full valuation per capita: $46,704 City unemployment (1/02): 2.91 Debt burden: 3.5Z Payout of principal (10 years): 64.1Z FY01 Undesignated General Fund balance: $5.3 million (16.0Z of General Fund revenues) ANALYSTS: Iliana Pappas, Analyst, Public Finance Group, Moody's Investors Service Yasmine Mahdavi, Backup Analyst, Public Finance Group, Moody's Investors Service James Mintzer, Senior Credit Officer, Public Finance Group, Moody's Investors Service CONTACTS: Journalists: (212) 553-0376 Research Clients: (212) 553-1625 City of Iowa City MEMORANDUM Date: April 9, 2002 To: City Council / r~~ From: Karin Franklin, Director, PC[~~'~(' / Re: Cellular tower study At the March 18 work session a concern was expressed by Concilor VanderHoef regarding the construction of a cell tower within the two-mile extraterritorial jurisdiction of Iowa City. Currently, JCCOG has on their work program direction from the Urbanized Area Policy Board to proceed with developing a plan to comprehensively look at cell tower locations in the metro area and in the unincorporated parts of Johnson County around the cities. Conclusion of that study could result in a 28E Agreement at the JCCOG level regarding the location and regulation of cell towers in the participating jurisdictions. The anticipated completion date for the JCCOG study and plan is December, 2002; it may not be completed until the end of FY03 if more work is required than is currently anticipated. If the Council wishes us to pursue an amendment to our 28E Fringe Agreement with the County prior to completion of the JCCOG study, we can investigate that possibility. Cc City Manager Jeff Davidson Memorandum ~'~, To: Steve Atkins From: Captain Matt Johnson ~'~ cc: Chief VVinkelhake Re: Council correspondence- Semel Date: April 5, 2002 In response to the letter Mr. Semel directed to Chief Winkelhake and others, I made telephone contact with Mr. Semel. The discussion included those things the Police Department could do in response to a disturbance call and those things the Department could not do. I have shared Mr. Semel's letter with the Watch Commanders and have encouraged them to be sensitive to the concerns expressed in his correspondence, should they receive disturbance calls in this area. IP8 THE UNIVERSITY OF IOWA 71! ~ ~ i0,,/¥/>, ,, iOWA M~ch 29, 2002 MEMO TO: The Stepping UpP~tCoalition Phillip E. Jone~~-~f''~]~ FROM: Vice President i'br Sfia~n't S~rvices and Dean of Students ! RE: Recent Statistics on dnderage drinking The University of Iowa Office of the Vice President for Student Services and Dean of Students annually records the results of information obtained fi.om students who are reported for acts of self-destructive behavior. Such behavior includes excessive use of alcohol leading to students losing consciousness on the street, in public places, or residence halls. Usually, these students are identified as a result of being taken to the Emergency Room of UIHC (University of Iowa Hospitals and Clinics) or for being arrested on campus by University Police in the Department of Public Safety. In the academic year 2000-2001 there were 81 cases of students being arrested on University property for public intoxication or taken to the Emergency Room of UIHC under the influence of alcohol, and 52 (64%) had been drinking in downtown bars (Attachment 1). The list below indicates the bars where the students said they drank and the frequency of PALrLA (Possession of Alcohol under the Legal Age) arrests per downtown bars in 2002. The results of this annual report correlate with the Iowa City Police Department Bar Check Report for February, 2002 (Attachment 2) with respect to bars citations for underage drinking. Many of same establishments are cited: 49 students (60%) lived in residence halls. 50 students (61%) reported drinking at downtown bars as their last place for drinking alcohol. Office o! ~he Vice P~esldent for Student Services and 319/335.3557 E-m~Ih vp-stude nt-sendces~)ulow~.edu Dean of Students FAX 319/335-3559 Web: http://www.ulowa.edu/-vl~s 2,19 Iowa Memorial Union Iowa CI~', Iowa 52242-1317 UH~D Arrests (2000-2001) Dowtown ICPD Arrests (year to date) (University of Iowa Police Department) Bars [Iowa City Police Department) 15 (18%) Malone's 22 12 (14%) Union Bar 11 5 (6%) Brothers 0 5 (6%) Sports Column 22 5 (6%) Fieldhouse Bar 3 4 (5%) One-Eyed Jake's 10 2 (2.5%) Q Bar 5 2 (2.5%) Vito's 11 1 (1.2%) Bo James 11 1 (I .2%) Airliner 9 1 (1.2%) College St. Billiards 0 0 Summit 18 0 Martinis 7 0 Et Cetera 2 - 63 (78%) of the students who passed out or were arrested on campus for excessive alcohol consumption were under the age of 21. ~ In 45 (55.5 %) cases, all alcohol consumed by the students was consumed at one or more downtown bars. In only 5 cases (6%) students consumed alcohol in a residence hall. In 21 (25%) of cases alcohol was consumed at off-campus house parties. cc: Iowa City Chamber of Commeme Iowa City City Council Iowa City Downtown Association Iowa City Police Department University of Iowa Department of Public Safety Attachments BarUslNoNames(~O-O1 3/29/2002 BI ~ ' ~1~11~ S~m . ~ ~PI Tai~te ~Guil~ :SOS ~ El'- ~1/1i~1127 S~m , ~ ' PI Cnm Tres~ss '~ailgale ,Guil~ 'SOS' 51 :~ 1~1~1612 L~ 55 ~PI Tailgate .270 'Guil~ SOS ~ }18 . ~ ~1~ ~25 ~rge PI R~.~II r~m .162 Guil~ '.SOS 28 '18 ~ ~16 Bu~e 'ETC Res. Ha~ r~m ~[No C~r~1 ~SOS 47 -~1 ~ETC .240 '[No C~r~] USTOP ~9- IBu~ Res. Hall r~m Malone's 25 J1~"' ~ ~4 ~up " PI Res.~llr~m ~ ..130 :Guil~ ~SOS 77 ~ ~ :)249 P~t ' :PI Pa~ O~m~s ~ ~ ~USTOP 31 '18 'WI~ 3~' Bu~ ~ 'PI Pa~Off~m~s .139 'Guil~ :SOS - ,, ,pi. UDL Pa~ Off~m~s ~Fi~d~use Bar 'One-E~ Jake's ? 20 ~1 )357 ~ ,PI Pa~Off~m~s ~ .185 Guil~ 67 .19 ' 1~ )21~ R~ ~. +P Pa~Off~m~s ;O~E~Jake's .2~ Guil~ SOS ~ i19.. 1.?~ )~ ~e ' PI Pa~Off~m~s ~ .1~ ~Guil~ ~SOS ~_. ?__. ~1 ~- B~ .... : ' * ~PI Pa~ Off~m~s~Malo~'s H~se Pa~ .225 ,Guii~ [SOS ...................................................... T ..... ,.163 .Gu ~ SOS ~ 19 WI~ ~121 H~t ~PI ',Pa~ Off~m~s ~ ........ ~ ........ ~ ................ BarListNoNames00-01 3/2912002 Page 3 Iowa City Police Department Bar Check Report -- Fobruaty 2002 (PAULA = Possession of Alcohol Under the Legal Age) Monthly Totals Year-to-Date Totals PAULA per Visit Business Name visite arrests visits arrests Airliner 2 5 7 9 1.286~ Alley Cat 1 1 1.000 Atlas Wodd Grill 2 0.000 Bo-James 2 6 11 1.833 Brewery Brothers Bar & Grill 7 12 0.000 Carlos O'Kelly's College St Billiards Club 6 9 0.000 Colonial Bowling Lanes 2 5 0.000 Dave's Fox Head Tavern Deadwood Tavern 2 3 0.000 Diamond Dave's Taco Co Dublin Underground 2 0.000 Eagle's Lodge Elks Countr~ Club Et Cetera 4 2 6 2 0.333 Fieldhouse Restaurant & Bar 6 2 11 3 0.273 First Avenue Club 1 3 0.000 Fitzpatfick's Gabe's 1 0.000 G e o _q~_~s Buffet ................ Givannis Green Room Gdngq_s_M_e_xi_c~_n_Bar & Gdll__ Grizzly's South Side I 3 0.000 Ground Round Restaurant Hanrahan's Happy joe's Pizza Hilltop Tavern Joe's Place 2 0.000 Kitty Hawk I ' 0.000 Malone's 13 15 19 22 1.158 Martinis 9 4 14 7 0.500 Memories I 0.000 Micky's 2 0.000 Mike's Tap ~,{-,?~ 'i!,,! ~;~ Miii-I~e-~taurant --' '~,: "':, ~',.!.~!~) -- I ....... 0.000 Mondo's Downtown Moose L~odge __ ~ ! :~ ~.!~ ~o- ~,~':I 7~?~[ ................. Morgan's Bar& Grill 9 15 : ........ ~- .... 0.133 Mumm's Saloon & Eatery 5 9 0.000 One-Eyed Jake's 6 5 9 10 1.111 Outer Umits I 0.000 Plamor Lanes 1 1 1.000 Press Box 2 3 0.000 Q Bar 4 1 6 5 0.833 Quinton's Bar & Deli R T Grunts 1 0.000 Sam's Pizza Sanctuary Restaurant & Pub Serendipity Laundry Caf~ Shakespeare's 1 0.000 Sports Column 7 17 9 22 2.444 Summit Restaurant & Bar 9 10 21 18 0.857 Union Bar 11 9 17 11 0.647 VFW Post Vine Tavern Vito's 11 5 21 11 0.524 Will & Pen Pizza Pub Totals: 119 75 225 135 0.600 Other PAULA at non-business locations: 16 23 PAULA Totals: 9t 158 ~lowa City YOU ARE INVITED Landfill & Recycling Center Iowa City Landfill & Recycling Center Open House and Ribbon Cutting Several improvements have been made at the landfill including the new collection facility for household hazardous materials (HHM). Please come and see our progress. When: 3:30 - 5:00 PM, Friday, Al~il 19 - Ribbon Cutting Where: Towa City Landfill & Recycling Center, 3900 Hebl Avenue, west of ;Iowa City on Melrose Ave. What: Brief I~esentations Tour of scalehouse and HHM collection facility Light refreshments Public Open House- 11:00 to Z:O0, Saturday, April Z0 F/ye/' e#closed ! (Rain date - April IT) The ];owa City Landfill & Recycling Center is proud to offer this new household hazardous materials collection program to protect residents' health and Iowa's water quality. Improper disposal of paint, pesticides, household cleaners, and automotive products can contaminate groundwater, our primary drinking water source. According to the EPA, the average household accumulates 100 pounds of products that contain hazardous chemicals. 5inca opening in ,Tuly 200Z, the collection facility has accepted and safely disposed of unwanted chemical products, oil-based paint, and pesticides from more than 648 households. OPEN HOUSE Saturday, April 20 11:00 AM - 2:00 PM )wa City Landfill & Recycling Center 3900 Hebl Avenue SW Just south of Melrose Avenue nl~ Household Hazardous Material Collection Facility featured ~l~ Fun activities for kids ~I~ Tours nl~ Free picnic lunch! ~l~ Johnson County Hazmat Team Demonstrations nl~ Iowa City Recycling & Garbage Track Demonstrations "Safety In Motion" Trailer Giveaways KCJJ & KXIC Radio Remotes Call for Information 356-5185 T.E V E N K A N N .E IP10 ¢~ty Cour~:ilfl~eq~ber. TOWO C~ty. Home Address: 630 $. Governor, #1, Iowa City, Iowa .52240 (319)338-8865 Andy Matthews City Attorney April 10, 2002 Dear Andy, During electric frauchise presentations before City Council last year there was some discussion regarding the indemnification clause. As I recall, you had some concern with statements that questioned the need for a franchise indemnification clause. I have asked a couple of area lawyers to look into the issue and have enclosed their briefs. I hope that the separate memos from attorneys John Robertson and Doug Simpkin will be of some help to the City Staff Electric Franchise Negotiating Team and City Council as we continue to discuss the important issues of electric franchise renewal and a feasibility study for a possible Iowa City municipal electric utility. Feel free to contact me at 335-$865 for further discussion on the subject. Sincerely, Steven Kanner cc: City Council City Manager City StaffEleetric Franchise Negotiating Team (Dale Helling, Rick Fosse, Kevin O'Malley, Chuck Scmadeke) Page 1 of 6 Indemnity Issues in the Proposed Franchise Agreement Between the City of Iowa City and Mid-American Energy Company John Robertson Attorney at Law 319-354-9554 jroberts~inav.net The proposed fianchise agreement between the city and Mid-American Energy Company provides for certain tort protections, by way of indemnity, where both the city and the company have engaged in negligent conduct. This memorandum reviews some of the legal issues regarding those protections. General Principles of Legal Liability Generally speaking, individuals and other legal entities, including cities, can in certain circumstances be held liable for the harms they cause. While the varieties of causes of action municipalities face are too numerous to review here, most lawsuits and claims arise where a city allegedly breaches a duty under either property law, contract law or tort law. Property disputes entail those conflicts that exist in connection with property ownership, zoning, land use, etc. Contract disputes arise in connection with private legally binding agreements between the city and others. Tort claims are those disputes where someone alleges a city has a general duty of care that it has negligently, recklessly, or intentionally failed to follow, thereby causing injury to another. It is these latter tort claims that the fianchise agreement addresses. CRies as political subdivisions of the state, historically but now to a lessor extent, enjoy the benefits of sovereign immunity. That doctrine precludes lawsuits and damage awards against the government. Iowa Code Section 670 functions as a limited immunity exception. There, the law establishes a finite set of causes of action for the torts of municipal officers and employees acting within the scope of their employment. Id. at Sec. 670.2. That liability is relatively narrow, and precludes punitive damages claims, workers compensation claims, tax dispute claims, latent defects claims, design or construction defects claims, swimming pool injury claims, skate board park injury claims, livestock disposal injury claims, known defects injury claims, as well as harms arising from injuries arising in connection with emergency responses, negligent issuance of licenses, and exercises of discretionary policymaking. Iowa Code Sec. 670.3,670.4. Additionally, an unsettled area of Iowa law exists regarding the question of what constitutes a "tort" for purposes of municipal liability. See Jahnke v. City of Des Moines, 191 N.W.2d 780 (Iowa 1971). In dahnke, the Iowa Supreme Court intimated that because tort liability for cities was an express statutory waiver of traditional common law immunity, the definition of"tort" in effect at the time the statute was enacted defines the limits of liability. That means that claims based on tort theories developed subsequent to 1984 (the year the municipal tort claim act was passed) may continue to be defeated by traditional sovereign immunity arguments. See e.g., Smith v. State, 324 N.W.2d 299 (Iowa 1982) (negligent investigation ora crime not a tort because in 1984 no such cause of action existed). While it is an over-statement to claim Cities enjoy risk free status within the legal system, it is likewise file://C :\WINDOWS\TEMP\indemnity. htm 3/30/02 Page 2 of 6 an over- statement to take the opposite view. Municipalities are protected fi:om many of the kinds of lawsuits private entities face and while the doctrine of sovereign immtmity is increasingly narrow, there is no reason to believe at least most of the protections now encompassed within Chapter 670 will remain in effect in the foreseeable future. The Proposed Franchise Agreement Until recently, there existed a fi:anchise agreement, set out as a local ordinance, between the City and Mid-American Energy Company. Additionaily, a proposed new fi:anehise agreement is under consideration by the City and the company. Section 6 of the new agreement, and Section 5 of the former agreement, contains a limited indemnity clause. It exists, in part, because in certain circumstances both the city and the company have a general duty of care which if breached can lead to joint liability for injuries to third parties. Section 6 of the proposed fi'anchise agreement requires the company to defend certain claims made against the City, at its own expense and on behalf of the city, and to pay for or indemnify the City for any losses arising therein. As such, the clause appears to extend additional protections to the City that would not otherwise be available. Section 6 restricts itself solely to those actions where the company is either "actively" or "passively" negligent and where the City is only "passively" negligent. The clause precludes indemnity protection where the company's behavior is not at all negligent, where the company is negligent but the City is "actively" negligent, and where the City's conduct rises above negligence, e.g., where the City's behavior is reckless or intentional. "Active" negligence means negligence that arises fi.om the participatory conduct of an actor. Blacks Law Dictionary 539 (5th ed. 1983). "Passive" negligence means negligence that arises when an actor fails to do something that should have been done. Id. The "[difference between "active" and "passive" negligence is that one is only "passively" negligent if he fails to act in fulfillment ora duty of care which law imposes upon him, while one is "actively" negligent if he participates in some manner in conduct or omission which caused injury." Id. For example, arguably the provisions of Section 6 would apply where the company maintains power lines along a city owned right of way bordered by trees, where the trees become overgrown, where the city fails to notice and direct the company to correct the problem, and where an injury to a third party occurs as a result. Under such a scenario, the company would be liable because it has a duty of due care regarding the trees in its right of way and the city has liability because of its duty regarding trees on its property. The indemnity provisions of the franchise agreement would (again arguably) apply because the city's negligence is in its passive failure to discover in advance the dangerous trees. The company is likely actively negligent because it carries the affirmative duty to keep its power lines safely segregated fi:om overgrown trees. Even if the company is only passively negligent, however, the provisions of Section 6 still would bind it to indemnify the City. This is not, however, the end oftbe discussion. Iowa negligence law is governed both by case law and by statute. In particular, Chapter 668 of the Iowa Code governs situations where more than one actor is at fault in a given injury. In enacting Chapter 668, Iowa abandoned traditional principles of fault and adopted the modern idea that where more than one person engages in tortuous conduct, responsibility is apportioned based on the degree of fauli of each actor. See Iowa Code Ch. 668.1, et seq. Thus, under Chapter 668, if fault between two actors is determined to be equal, each actor would be file://C:\WINDOWS\TEMP\indemnlty.htm 3/30/02 Page 3 of 6 assigned 50% of the responsibility to pay damages. Because of Chapter 668, distinctions between "active" and "passive" fault are no longer meaningful or relevant. American Trust & Savings Bank v. United States Fidelity and Guaranty Co., 439 N.W.2d 188 (Iowa 1989). Stated bluntly, because passive negligence concepts are notoriously immune to reasoned analysis, the law now rejects such distinctions. Instead, juries and courts simply now work to determine and quantify the amount of fault there is between the various parties. That effort is then translated into a monetary percentage and each party is ordered to pay whatever amount corresponds to that percentage. For instance, if in our tree-in-the-right-of-way case a jury determined that the city was 25% responsible for the harm, the company 75% responsible, and the overall damages were $100, the City would be ordered to pay $25 and the company the rema'mder. The rejection of "active" versus "passive" distinctions in Iowa tort law does not, however, render Section 6 moot. Instead, the proposed continuing distinction between "active" and "passive" fault remains in effect as a matter of private contract law between the City and Mid-American. This means that as between a plaintiff and the city or the company, passive or active fault is no longer germane. However, as between the City and the company, such distinctions must continue to be scrutinized under the archaic terms of Section 6, either as a part of the litigation, or by agreement prior to litigation. Said more plainly, if an injured plaintiffhas a claim against both the City and the company, that pla'mtiffwill be unconcerned as to the existence of section 6. Instead, he or she will be obliged to sue both the City and the company as joint defendants. In that event, the City and the company will independently try to determine iftbe indemnity clause applies. The City will, of course, seek to find an understanding of the facts that support application of Section 6. The company, likewise quite naturally, will seek an opposite interpretation. Eventually, perhaps easily, or perhaps only after incurring significant legal costs including litigation costs, a decision will be reached as to whether Section 6 applies. The original plaintiff, of course, will not wait for, nor be bound by the franchise agreement in his own cause of action. Instead, he or she will proceed in the suit against both the City and the company. If the two Defendants have not reached their own mutual agreement as to indemnity by that time, the City will have no choice but to defend itself directly against the Plaintiff. Hopefully, from the City's vantage, the indemnity clause will eventually be brought into play and it will receive an indemnity payment for its legal fees and costs as well as any damages awarded against it. Just as likely, however, will be the conclusion that the clause does not apply, in which case no benefit will obtain for the City. The Net Effect of Section 6 The number of cases covered under Section 6 is insignificant. The real universe of potential claims against the City for harms occurring in the company's right of way but due in part to City negligence is not extensive. Only for those claims that entail company negligence and city passive negligence and fall within the coverage afforded under the municipal tort claims act are the beneftts of Section 6 applicable.. It is reasonable to conclude, however, that over the course of a multi-year franchise agreement, perhaps as many as a handful of cases will arise that fit the contours of the indemnity clause. It is also reasonable to conclude there will be a handful of cases where the clause ultimately file://C:\WINDOWS\TEMP\indemnity.htm 3/30/02 Page 4 of 6 does not apply. For all these cases, however, the City will devote resources to determining that applicability, and it is hard to imagine any scenario under which anything but the most modest benefit would justify the clause in the first place. This is especially true because in no event does Section 6 ameliorate the City's responsibility for ensuring that it meets its duty of care, that the company meets its duty of care, and that proper safety obligations are complied with on its property. Section 6 provides for a very limited indemnity benefit, not a waiver of liability. An Additional Concern The indemnity provisions of Section 6 are considered even by franchise supporters to entail only a marginally worthwhile economic benefit to the city. But, proper consideration of the value of that benefit requires an understanding oftbe larger context in which the issue resides. The indemnity clause applies only ifa fi'anchise agreement is ratified. Short of that, while no indemnity benefit would exist, the company would remain obligated under state law to continue service to the City, to pay property taxes, and to continue its present rate structure. Although an exploration of all the privileges and responsibilities accruing to each party in the event no franchise is awarded exceeds the scope of this memorandum, it appears as a general proposition that the City enjoys few tangible benefits aside from the indemnity clause in the proposed franchise agreement that it would not also enjoy without it. If, however, a franchise agreement is ratified, then not only are the parties wedded to one another by way of state law, but also as a matter of private contract law. As such, all the principles of contract law apply. That includes the idea that when parties enter into such a relationship, each is entitled and expected to rely upon its terms and provisions in any decision made during the course of the contract. This is especially true, and has dramatic implications when one of the parties is a regulated monopoly. Suppose, for instance, that a franchise agreement is entered into for a term of years. The existence of such an agreement signals a commitment by the City not to seek in any meaningful way alternative energy sources. The company, in reliance upon that understanding, then assesses its capabilities and determines it needs to expand its capacity to generate electricity. Prudence, Iowa law, and the franchise agreement itself all dictate that the company takes steps to resolve that issue, most likely by constructing new or expanding existing facilities. Not surprisingly, the company also incurs significant costs that it anticipates being able to recover via a continuation of its service to the City both during the period covered by the franchise agreement, and following its expiration. After all, the City has been an historically reliable customer, it routinely enters into a long term franchise agreement, no other presently existing utility can even legally serve the territory, and the law requires the Company to provide service to any potential customer there who demands it. Instead, however, the City at the end of the franchise agreement ceases to rely upon the company and begins to provide energy directly to consumers. At that juncture, the company is potentially in a very difficult financial position. It has incurred significant costs in increasing its generating capacity, partially in reliance upon the longstanding commitment made by the city. Now, that commitment has ended, the company suddenly has an excess generating capacity, and the ability to handle its increased liabilities has been impaired. file://C :\WINDOWS\TEMP\indemnity.htm 3/30/02 Page 5 of 6 Complicating the issue is the fact that utility companies operate as monopolies. As such, they do not enjoy and are not subject to the competitive benefits and limitations of other businesses. Instead, government provides regulatory oversight designed to limit the negative effects of monopolistic practices on consumers while at the same time ensuring sufficient economic opportunity for the utility to keep it in business within the state. This means, in part, that the decisions a customer community makes today can have consequences far into the future, beyond the life of a single franchise agreement. Under Iowa law the company would have a claim against the city for what amounts to restitution, for that portion of the increased capacity the company accrued to handle city demand. The strength of that claim would be considerably increased if there was also a long term franchise agreement signaling a long term need. That claim would not only clearly dwaffthe value of any benefit the city gained under the express terms ofa fi~anchise agreement, but it would also very likely be so large as to effectively end any thought of creating a municipal power alternative for the community. Iowa utilities law clearly favors monopolistic commercial energy sources over the needs of citizens and communities. Because of this, even without a franchise agreement, the risk of a restitution claim cannot be entirely eliminated. However, at least without a franchise agreement (and in connection with a clear signal from the City that it is seriously considering a future break with the company) any decision by Mid-American to construct or expand its capacity to provide energy to the City over the course of future generations becomes problematic as a basis for a restitution claim if we do choose to provide our own energy to the community. In the meantime, clearly the ostensibly minimal value of an indemnity agreement cannot compare to the value of avoiding any signal to the company that it can take our community for granted in the indefinite future. Recommendation Presently, the City is attempting to determine whether to enter into, and if so, for how long, another fi'anchise agreement with Mid-American Energy Company. The company seeks a renewal of the former franchise agreement for a specific term of years. That agreement (if adopted as presently proposed) will presumably include the passive negligence indemnity provision. At a minimum, the decision whether to enter into a new fi~anchise, and if so for how long, should not emphasize the indemnity agreement. It's benefits, at best, are marginal and may not exceed the costs of negotiating and litigating its application in future cases. More important, the indemnity provision exists only as a part ora franchise agreement, and that agreement entails substantial risks for the City that far outweigh any indemnity benefit even under the most optimistic circumstances. Because so few benefits accrue to the City in the franchise agreement, and because entering into such agreements can work to effectively end even the potential development of alternative sources of energy, the City should seriously consider not renewing the agreement. If it does decide to renew, the agreement should not nm for more than a very few years, and its ratification should occur simultaneously with a clear signal from the City as to its interest in developing alternative energy supplies. file://C:\W1NDOWS\TEMP\indernnity.htm 3/30/02 Page 6 of 6 If, as a last resort, the City insists upon entering into a long term agreement, it should elicit as a condition of acceptance by the company a contractual obligation that if following expiration of the fi'anchise the city elects to begin supplying its own energy, the company will not raise a cla'tm involving any of the capitol power generating expenditures it made dur'mg the pendency oftbe firanchise. file://C :\WINDOWS\TEMP\indemnity.htm 3/30/02 Steven Kanner Attc ,,y Dougla~ W. Simkin Civic Center 1851 ~0~ Street Iowa City, Iowa 52240 Lo~ n, Iowa 52255 Dear Mr. Kanner; At your request, I have examined Section 5 of Iowa City Ordinance No ~6-3296, the grant to IoWa Illinois C-as and Electric, its successors and assigns the right and f nchise to provide electric utility to the City. Section 5 speciiically provides that the Company shall defend, at ks o~ expense, indemnify and save harmless the City from any and all claims, suits, losses, damages, ~ ~sts or expenses, whether caused or contributed to by the active or passive negligence of Le Company, or by the passive negligence of the City. For this indemnification to come into pl ~', the Company mu~t have been negligent in the matter giving rise to the liability. In situation where the City has been actively negligent and the Company has been actively or passively negl~ent and harm is suffered, the principles of comparative negligence in effect in Iowa shal[[,pply. This appears to be a double edged sword. On one side the Company pr~[~nises to be responsible for its own conduct. Additionally, the Company will defend and indem~fy the City in a situation where the City faces liability for harm suffered due to the Company? c ~duct, so long as the City has not been aware of nor actively participated in the Company s ~ gligent conduct. Onthe other side, it creates an adversarial relationship between the Company s d City which must be resolved before the indemnification is engaged, and which may elimina :the indemnification altogether, This appears to conflict with the concept of indemnification mcause it will always be in the Company's interest to argue that the City's role was an active onl thereby deflecting a portion of liability from the Company. Bear in mind that the franchise is coexistent with the Code of Iowa, un¢ r which municipalities enjoy broad immunity from tort Liability. This blanket of immunity is es lblished in Code of Iowa, Chapter 670.4 and appears to be comprehensive. I have included tere three paragraphs of that provision which I believe are relevant to the question of liability ari lng from a utility franchise: §670.4(6) "Any claim for damages caused by a municipality's fi lure to discover a latent defect in the course of an inspection" §670.4(9) "Any claim based upon an act or omission by...the rn ~nicipality's governing body in the granting...ofa license or pexmit, where th, damage was caused by the person to whom the license or permit was issued" §670,4(10) "Any claim based upon an act or omission of an offi~ ,~r or employee of the municipality, whether by is suane,~ of permit,., or otherwis~ ...if the damage was caused by a third party, event, or property not under the suF rvision or control of the municipality" 04/18/2002 0?:47 3194523729 ROGER FREESE LAW PAGE 03 Under thc regime of the Code, the indemnification provision of the fi-an rise could be understood as a motivation for the Company to argue the City's liabilit~ n any event. By shiffing the fulcrum of comparative fault ~ place more liability on the c y, the Company reduces its own exposure, while promising to indemnify the City for claims frur which the City is immune. As I read Section 5 of Iowa City Ordinance No. 86-3296 1 do not see t~ any significan'~ benefit inures to the City through thc indemnification provision. Respectfully Submitted, ~ttorney ~t law 1851 130'~ Street Lowden, Iowa 52255 2 Marian Karr IP11 From: Irvin Pfab [iplab@avalon.net] Sent: Wednesday, April 10, 2002 9:22 AM To: cou ncil@iowa-city.org Subject: 41002fw Fulton (GA) gets on the bus late, joins regional mass transit:The Atlanta Journal- Constitution, by Charles Yoo http://www.accessatlanta.com/ajc/metro/O402/lOtransit.html [ The Atlanta Journal-Constitution: 4/10/02 ] Fulton gets on the bus late, joins regional mass transit By CHARLES YOO, Atlanta Journal-Constitution Staff Writer Fulton County reversed course Tuesday and chose to partner with 10 surrounding counties and the state to run express buses, perfecting a network of mass transit that will take in most of metro Atlanta. The commission's vote seals a deal that, by late 2003, is supposed to make it possible to use public transportation from Clayton to Cobb, from Gwinnett to Paulding and to other locations across the metro area, traveling at least part of the way on express routes. Georgia Regional Transportation Authority executive director Catherine Ross said the plan will make metro Atlanta more like Chicago, San Francisco and Portland, where express buses linked to rail systems have become an irreversible part of commuters' lives. "If you're a person coming to visit the metropolitan area, and if you don't rent a car and don't have one, you can't get around. There's no public transportation," Ross said. "Every city that's trying to be globally competitive and regionally competitive is providing options that allow people to travel more than one way." The regional agreement is a major triumph for GRTA and a promising tool for the region to tackle air pollution and traffic congestion, Ross said. "This regional cooperation is a model for us," Ross said. But this is just a first step for GRTA. Next up, Ross said, is providing public transportation in specific trouble spots, such as the Cumberland area in south Cobb and the Perimeter Mall in north DeKalb. While Ross' vision of a unified metro transit system may be years in the making, the bus deal helps prove to federal regulators -- who once froze federal highway aid for the region because of air pollution -- that the problem is being addressed. Fulton became the llth and final county to sign on to the plan. GRTA approached 13 metro counties with an offer to spend $350 million to accelerate local road improvements and $159 million for buses, park-and-ride lots and maintenance. The 11 counties that signed on will contribute a total of $21.3 million for operating costs through 2006. Fulton will contribute $2.45 million toward the bus system. The county will receive $31.2 million for road improvements. Only Fayette and Cherokee counties said no to the bus system, although Fulton flirted with being left out after missing its original deadline on a 4-3 vote last Wednesday. GRTA briefly refused to extend the deadline but granted a reprieve after Commissioner Bill Edwards promised to change his vote and Atlanta Mayor Shirley Franklin helped Commission Chairman Mike Kenn lobby for a second chance. On Tuesday, the Fulton commission passed the transit package 6-0. Of the four commissioners who demanded more time last week, three changed their votes. Vice Chairwoman Karen Webster was out of town. But the vote left a bitter taste for some commissioners, including Emma Darnell, who complained that none of the money goes to her district in southwest Atlanta. "This is a 1 county that cannot afford two bus systems," she said, referring to having GRTA buses in addition to MARTA service. But Darnell voted yes. The regionwide buses will connect suburban riders to business areas such as the Galleria along 1-285 in Cobb County, downtown and Hartsfield International Airport. Buses will make connections with ~L~RTA and the Clayton, Gwinnett and Cobb bus services. Buses will look similar to the ones operated by the Cobb and Gwinnett systems -- 40 feet long with high-back seats. The typical GRTA bus will seat 39. By 2003, GRTA officials anticipate offering 10 routes with 48 buses, said GRTA spokesman William Mecke. A year later, four more routes and 21 additional buses are planned. By 2005, a total of 25 routes and 113 buses will be running. By comparison, MARTA has a fleet of more than 700 buses making local stops on its 125 routes. The key will be moving the buses quickly, said Cobb County Commissioner Sam Olens. In Cobb, he said, that means extending HOV lanes north on 1-75. Because some bridges are too narrow, the expansion will come at a cost of hundreds of millions of dollars. Gwinnett County Commission Chairman Wayne Hill also mentioned the need for more HOV lanes but welcomed the GRTA plan as a way to quicken expansion of Gwinnett's own bus system and begin to solve regional problems. "I think it's important from a regional perspective," Hill said. "Anything we can do to take cars off the road and improve air quality will be a benefit on down the line .... We're taking a little bite of the apple." Lots of work awaits GRTA officials, including mass marketing to get the word out about express buses. But first, a celebration will take place today at a GRTA board meeting, Ross said. "This is huge," she said. Transit in the metro area was long limited to MARTA buses and rail in Fulton and DeKalb, in part because other counties have refused to be part of a metrowide system. But in recent years, Cobb and Gwinnett launched their own bus services, and GRTA's first major project was to start a service in Clayton County. Clayton County Commissioner Carl Rhodenizer, an advocate of mass transportation even when his county first voted against MARTA in 1971, said Clayton's 6-month-old bus venture with GRTA created momentum that got another boost with Fulton's decision. "You'll see a ball rolling here, and GRTA can be operating a major regional bus system in five, six years," Rhodenizer said. Staff writers Bryan Long, Don Fernandez, Gary Hendricks and Doug Nurse contributed to this article. © 2002 The Atlanta Journal-Constitution AGENDA Iowa City City Council Economic Development Committee Thursday, April 18, 2002 9:00 a.m. Lobby Conference Room 1. Call to Order 2. Approval of Minutes of January 17, 2001 and March 21, 2002 3. Report on Change in Staff Economic Development Responsibilities 4. Discussion of Fudher Marketing of Economic Development Financial Assistance Programs 5. Update on Chamber of Commerce's Iowa City Luncheons 6. Business Outreach Program - Major Employer Visits 7. Review of Any Business Development Proposals Not Previously Listed on the Agenda 8. Other Business 9. Adjournment Next Meeting May 16, 2002 at 9:00 a.m. Pending List · Update on Health Center USA · Checklist and time schedule on development and building permit process \\citynt\dschoon$\FILES\Eco Dev\EDC Minutes & Agendas\ED Committee 04-18-02 Agenda.doc MINUTES CITY COUNCIL ECONOMIC DEVELOPMENT COMMITTEE THURSDAY, JANUARY 17, 2002-9:00 AM D AFT CIVIC CENTER LOBBY CONFERENCE ROOM Members Present: Ernie Lehman, Dee Vanderhoef and Ross Wilburn Members Absent: None Staff Present: Steve Atkins and David Schoon City Council Members Present: Joe Raso Others Present: None Call to Order Emie Lehman called the meeting to order at 9:06 AM Approval of Minutes of November 15, 2001 Minutes for the November 15 meeting were approved as submitted. Discussion Reqardin,q Marketinq the City's Economic Development Financial Assistance Pro,qrams David Schoon began by recapping the discussion on this topic from last meeting. At the last meeting, there were a number of ideas thrown out. These ideas have been incorporated into the handout, "Marketing of Economic Development Financial Assistance Programs". Two brochures were distributed to those present: "Directory of Economic Development Financial Assistance Programs" and the smaller "Economic Development Financial Assistance Programs". The Committee has seen the first brochure before in a different incarnation. This same brochure, now reworked, will be distributed to companies to give them more information on these programs. The smaller brochure is intended to pique interest. The brochures were sent to a five- person test group including: an ICAD rep., a small business rep., a banker, a manufacturer, and a retailer. Discussion on these brochures began by all complimenting the attractive cover pages. Lehman noted that there was a lot of information included in the smaller brochure. There was some concern that the larger brochure only talked about targeted industries without communicating what these industries were. There was also a suggestion to list other sources of economic development in the area, and to make a list of realtors, investors, etc. for this to be sent to. Raso added as a side note that it might be a good idea to target particular sectors and produce brochures tailored to these specific markets. For instance, ICAD would have use for two of the three programs offered (not CDBG). Lehman agreed that this might be a good idea. Vanderhoef added that some small businesses might not know that federal guidelines set the parameters for CDBG, so it might be prudent to slip "federal" in before "Community Development Block Grant". In addition, Aviation Park and BDI may need to be added to the map in the future. Lehman added that zoning might be included on the map, as well. Atkins said that since assistance programs are geared to particular areas, this would be a good idea and not hard to add. He also commented that the map should be darkened and a focal point should be added. Vanderhoef suggested that 1-80, Hwy 218, and the Avenue of the Saints should be highlighted, to which Atkins added that if roads are added, a focal point might not be necessary. City Council Economic Development Committee Minutes January 17, 2002 Page 2 Schoon said that current copies would be used minimally at first so that changes can be made. Raso commented that it should be noted which businesses receive the pre-revised copies so that they can be sent a revised copy later. Sending early drafts will have the advantage of allowing the businesses to see that the Committee is being proactive. The Committee commended David Schoon for his efforts on the brochures. Review of 2001 Economic Development Accomplishments Schoon began by discussing the summary sheet of activities provided to the Committee members. This list was created with the help of Karin and Steve. Atkins asked if ACT could be added. There was discussion on the good job that the Committee has done despite the bad press and public complaints. Wilburn added that the Committee's accomplishments should be publicized so that the public can appreciate the work that the city is doing. The problem is that the negative stories are the ones that stay with the public. Lehman noted that one example is that it will be hard to create the next TIF because of what happened in Coralville. Vanderhoef commented that it should be made clear that when a project is finished, the TIF is retired. Atkins noted that traditionally, the City has used tax increment financing because it is short term, it improves the bottom line immediately, and it gets the company back on the tax roll. He also briefly discussed using TIF for job training at Kirkwood Community College. Lehman asked that information on TIFs that shows the amount by community be added to the packets. Business Outreach Pro,qram---Major Employer Visits Lehman noted that things have been going well with his ICAD business visits, but still have not heard back from ACT. Raso apologized that he was not up to speed on the visits right now because the woman who was in charge of them left. A replacement staff person, Linda Schreiber, has been hired and everything will be back on track by the end of January. She has a communications background, so she should be a good addition. Some post visit forms are still needed. There are still some ICAD visits that need to be done, however, Raso will communicate to Schoon what is still needed Schoon noted that the City still has a few of its own visits to get done and asked if the Committee wanted to wait until the ICAD visits were completed before going forward with the City visits. Lehman suggested that the Committee should keep plugging away at both lists. Vanderhoef commented that it would be nice to have the Iowa City list done by July 1 (summer break). Atkins agreed that this was a good target date. Lehman noted that staff changes must be taken into consideration when conducting visits. Atkins commented that the Committee might want to tighten the agenda and narrow its focus with UI so that a meeting can be put together more quickly. Fie also added that it might be nice for the whole Committee assembled when speaking with UI. Atkins will work up an agenda for this. Vanderhoef asked that more information be provided on the hospital's marketing plan and on the Health Center USA endeavor before that visit occurs. Atkins said that he would work up an agenda. Review of Any Business Development Proposal Not Previously Listed on the Aqenda Schoon presented the Committee with a new document to complement the booklet, "Guide to Operating a Business in Iowa City." It's a checklist of the various rules and regulations a business should be aware of when operating a business. Raso suggested a checklist or brochure on development and permits. Atkins responded that builders already know what the City Council Economic Development Committee Minutes January 17, 2002 Page 3 rules are. Schoon added that it might be helpful to elaborate on site development in another brochure. Vanderhoef commented that as the Committee goes into reviewing and streamlining the code, it might be nice to have such a site development checklist available for the members to review. Lehman suggested that positive quotes be taken from citizen letters (especially from prominent local individuals) to spice up these related brochures. He added that Rick Fosse has a talent for making people happy and a good deal of the flattering letters are due to his work. Other Business Atkins recapped staff activities. He noted that BBI is being scheduled for work, a TIF list will be created and business visits will be followed up on. Adjournment As there was no other business, the meeting was adjourned at 9:54 AM ***NEXT MEETING DATE WILL BE ANNOUNCED SHORTLY*** MINUTES CITY COUNCIL ECONOMIC DEVELOPMENT COMMITTEE THURSDAY, MARCH 21, 2002 - 8:45 AM CiViC CENTER LOBBY CONFERENCE ROOM ~'~¢~'~ ~ Members Present: Ernie Lehman, Dee Vanderhoef and Ross Wilburn Members Absent: None Staff Present: Steve Atkins and David Schoon City Council Members Present: Joe Raso Others Present: Irvin Pfab, Steve Kanner Call to Order Ernie Lehman called the meeting to order at 8:45 AM. Approval of Minutes of January 17, 2002 No minutes were available for the meeting of January 17, 2002. Repod on Iowa City Brandinc~/Position Statement Process Position Statement Schoon stated that over the last several months the idea of how to market the community for economic development purposes and attracting potential employees has been discussed by a group of several individuals (about 24). Schoon presented a list of members for the committee's reference. He said they discussed the idea of coming up with a brand image for Iowa City to use to market Iowa City for economic development. This concept is similar to private businesses coming up with a brand image for the business, and what position do they fit in the marketplace that differentiates them from other businesses that do similar things. He said we need to identify how we want to differentiate Iowa City from other communities. Schoon said that the group worked with try Jensen, a consultant who has a contract with the Depadment of Economic Development to provide this assistance to communities to facilitate this process. He referred to a memo in the committee packet which summarizes what the group came up with for a position statement to differentiate Iowa City. He said the mission statement would be: A world class combination of recreation, education, arts and culture, commerce and health care identifies Iowa City as one of the most vibrant communities in the United States. Schoon said the group spent a lot of time talking about this issue, as well as talking about Iowa City as a place to do business, and the business friendliness of Iowa City. He said they talked about the business sector taking a lead in economic development, in terms of involving the business sector in Iowa City economic development activities. He said that they have business leaders who lead in the community, but often that is an area-wide perspective. He said that sometimes the focus on the area is at the expense of how the Iowa City community is doing in terms of economic development, regarding promoting Iowa City as a place to do business. Schoon noted that the group discussed who, outside of City government, takes the lead on economic development issues in Iowa City. He said that once a project identifies this area as a place to do business, what part of the business community advocates that the project locate in Iowa City. He noted that a subcommittee of the larger group met and talked about the issue. The subcommittee came up with a starting place as an informal, twice-a-month luncheon inviting Chamber of Commerce members to get together to talk about iowa City issues. Schoon said that the idea is to get members of the business community involved in Iowa City issues, not just area issues. He noted that the group would like to have a few of these luncheons over the next several months to talk about the idea of marketing the community, the position statement as developed, and then start identifying individuals who would be interested in participating in the process of developing the details of a marketing plan. He said that group would work on putting together a marketing plan to bring to the City. City Council Economic Development Committee Minutes March 21,2002 Page 2 Atkins said that department heads all have been alerted that they would be asked to attend meetings periodically to explain things that are going on. He said that it seems like a good idea, an informal networking process. Lehman said he would not be available for the informal meeting scheduled for next Tuesday. Vanderhoef said she may be available. Vanderhoef said that she liked the Reach, but somehow Irv Jensen's comment and the addition of the word "commerce" did not make it into the handout. She referred to his comments regarding the combination of all the irons are world class, but not each individual item is necessarily world class, though some are, and it is this combination that makes a vibrant community. Schoon said that the memo was just put together, and the word "commerce" will be added at a later time when they move through the process. He said that right now they are simply working on the position statement. Discussion of BDI Tax Increment Financinq Districts Schoon referred to maps of the three areas, which he passed out to the committee. He said that Council directed staff to go ahead with establishing the mechanisms to offer tax increment financing in the BDI area: the older Industrial Park area on the south side of Iowa City. He said that staff has prepared three urban renewal plans, which is the first step in establishing the TIF mechanism. Schoon stated that the plans are very similar, as the format and content is based on the Scott Six Industrial Park, with each plan adapted to the specific area. He said that in the Industrial Park Road Plan and the Lower Muscatine Road Plan, it focuses the City's efforts, along with other objectives, on existing businesses and redevelopment efforts. In the Heinz Road Plan, it talks about helping new businesses, existing businesses and redevelopment of the sites. He said that the difference in Heinz Road is that there are a few undeveloped lots in that area, so there is also new development that could locate on those sites. Schoon said that planned actions in support of the three plans are very similar. He said they would support private site improvements, public infrastructure improvements and the use of financial incentives. He said that the difference is that in the Heinz Road Plan and in the Industrial Park Road Plan, they include the right-of-way of Highway 6 because from Industrial Park Road out, the DOT has plans for widening that to four lanes at some point. Therefore, the right-of-way area portions were included as possible infrastructure improvements that could use TIF bonds, along with a combination of state funds. He said the other infrastructure project staff has identified is in the Industrial Park Road Plan, making sewer improvements on the north end of Industrial Park Road. He said it is adequate for current uses, but if redevelopment required a higher usage of water and wastewater treatment, they may need to make improvements at the north end of the sanitary sewer. Lehman asked if that could be done even if not identified in the plan. He said he feels it is good to identify potential improvements, but not all improvements will be identifiable. Schoon said that page 3 of the plan talks about public infrastructure improvements, and what they include but are not limited to. He said that some more specific projects are identified, but it is left open for unforeseen projects. Vanderhoef stated that we have a growing industrial park and the need for safety infrastructure in the area including a fire station and additional equipment for the fire station. She wondered if this could be put into the plan, having increment financing established for that. Atkins said that a public safety component to economic development plans, in principal, would not be a problem because with expansion of a particular component of the economy, this should be included. Vanderhoef said she felt it should be spelled out in the plan. Schoon said that whatever improvements relating to safety are planned would have to be capital improvements, and that site would have to be located in an urban renewal area. In response to a question from Atkins, Schoon said that the funding generated from an urban renewal area has to be spent in that area. Schoon said that the fire station would have to be included in one of the areas. Atkins said that some research needs to be done on this issue. Schoon said that the incremental tax would have to be tied to an area, so you would be tying it into the Lower Muscatine/Highway 6 urban renewal area, and you would have to think about how much development you anticipate in that area to make it worth your effort. City Council Economic Development Committee Minutes March 21,2002 Page 3 In response to a question from Vanderhoef, Schoon said that the Heinz Road area has the most vacant land. Atkins noted that the way they have responded to some of the potential industrial exposure in terms of safety is that they require on-site storage of certain equipment, and the City inspects it periodically to make sure it is available. Atkins stated they would have to think about this issue and research it. Schoon said that in each plan they have to list an amount of proposed indebtedness. He said they proposed using the bulk of this for projects that may come along requesting some sort of financial incentive or assistance, so they have to come up with an estimate for the future. He said the City does have the infrastructure projects, including the potential Highway 6 widening, and most of that is in the Heinz Road Plan in terms of indebtedness with a small portion in the Industrial Road indebtedness. He said that, based on past projects they have assisted with, they have estimated an amount of indebtedness. Schoon said that the Heinz Road Plan is estimated at $7 million, with $4.3 million going toward the Highway 6 improvements. He said that the Industrial Park Plan is estimated at $2 million, and the Lower Muscatine Plan is estimated at about $1.2 million. He said that, in terms of infrastructure improvements, the State should have a significant role in financing the Highway 6 improvements, so the whole $4.3 million should not be used in the Heinz Road area, but the whole amount was included to be on the conservative end. He said it does not mean the City has to issue up to $7 million, just that they have to give an idea of how much. He said that if they feel they may go over that amount, they would have to go through the process of amending the plan. In response to a question from Lehman, Schoon said that the amending process is the same as adopting a new plan, so you are still looking at a significant amount of time. Schoon provided a draft time schedule to remind the Committee of everything involved. He said that the Planning & Zoning Commission is involved in making a recommendation on whether the plans are consistent with the Comprehensive Plan. He said that there is a consultation with the affected taxing bodies, who have an opportunity to respond to the proposed use of tax increment financing. He said that then there is a public hearing on adoption of the plan and adoption of the TIF ordinance designating the district. He said that if they follow a normal Council schedule, it should take about three months. He said that Council typically does not like to have a resolution the same time as a public hearing item, but those could be combined with an urban renewal issue. He said you could combine second and third considerations of the TIF ordinance, if the Council wanted. Vanderhoef said that the scheduled as reset the other night would delay this process another two weeks. She said she would consider doing first consideration the night of the public hearing, and it could be deferred at that time if there were a lot of comments. Lehman said they were doing this in anticipation of there being a need, and it is not as if there is anyone waiting in the wings, so there is no immediacy. Schoon stated that the issue of a fire station may delay the schedule. Atkins said that he thinks they may be able to accomplish the public safety obligation component by policy because a part of the ability to receive any kind of TIF assistance requires bids. He said they need to do some research and talk about it. Vanderhoe~ stated that as she read through the drafts, and the objectives and goals of the Comprehensive Plan, it seems that we continually talk about the available labor force and not about potential training of new and/or existing employees. She felt that there should be a piece about encouraging the employer to partner with the regional workforce development for training and/or retraining of old employees. In response to a question from Lehman, Vanderhoef said she feels that financial assistance from the urban renewal program should be used. She said the plan objective would be to do this, and obviously if you were doing retraining. However, the partnership would be with Workforce Development and the business, but the City could encourage this through the urban renewa~ plan. Lehman pointed out that under the Objectives, the last bullet provides for "financial incentives and assistance" as necessary, and that this issue would come under that objective. Wilburn said that depends on whether the document is read and whether it jars this thought. Vanderhoef said another issue is whether the City thinks about this as they are talking to the business. Raso said that if the concern is retraining of employees, Kirkwood has available programs for the training of new employees. He said that many times that also allows for retraining of existing employees. Vanderhoef said that there are times when an employer may want to move a group of employees into a more skilled job, and if you do that you open up the base jobs. She acknowledged that Kirkwood is the trainer for Workforce Development, but would like something about public-private partnership for training and retraining. City Council Economic Development Committee Minutes March 21,2002 Page 4 Schoon said that the purpose of the objective section Es to see, in essence, what you plan to achieve with the plan and how you plan to use tax increment financing. He said it is to expand the tax values to help start up businesses, and training could be added. He said that Kirkwood does training programs, and can, with City approval, use TIF funds to train employees. He said his preference is to defer to Kirkwood, who has the know-how to do that in terms of deciding how to assist the business with the training program. Raso said the City could be open to having TIF be used through Kirkwood if that is what the company wished the dollars be used for. Atkins stated that the City already does that. Vanderhoef agreed that the umbrella is Workforce Development, and that is where the dollars come through for assistance. Schoon said that Kirkwood cannot use TIF funds without getting City approval. Vanderhoef stated that she wants to encourage the use of the funding, to get people thinking about this. Schoon pointed out that when they talk with companies who are looking at expansions, they talk about the various options they can use. Raso said that Kirkwood has a vested interest in having the companies know that as well. In response to a question from Lehman, Schoon stated that he feels the City has this issue covered; they encourage use of the training programs. Vanderhoef noted that on page 2 of all the plans, there is a comment regarding expanding existing businesses. She said that redevelopment of some of the older businesses struck her originally because some are 30-40 years old. Schoon said that redevelopment is mentioned in the Industrial Park Road redevelopment plan. He said that in the Heinz Road area, he could not define parcels that he believed would be redeveloped in the near future. He pointed out that the primary purpose of the plan is tax increment financing, and the redevelopment would have to be significant on a site. He said changing warehousing space to manufacturing space, adding a little manufacturing, and these type of increments would not add that much value to make it worthwhile for someone to use tax increment funding. He said that probably the greatest increase in value would be a change in use from warehousing to some office space. Lehman reiterated that internal remodeling does not change the tax base, because the City does not get tax on equipment or furnishings. He said only additions or expansions would significantly change the value, to make this of any value to the business. Schoon said that the change would have to be of enough significance to generate enough increment to make it worth their while to go through the public process, enter into an agreement, go through the process of having to submit reports, etc., to make it worth while. Vanderhoef requested that Schoon provide the committee with a list of businesses on each parcel in each plan area, for the committee's private use in familiarization of the area. Lehman expressed the concern that potentially the public may have a feeling that we are going to lose all the taxes coming out of the industrial park. He said there were very few sites where TIF financing would be used, and he feels it is important that those sites could work. Vanderhoef said that it should be highlighted that the City's use of TIF financing is typically done short-term in a tax rebate, and not in 20 years of keeping it off the tax roll. Other Business The other agenda items were deferred to the next meeting. Vanderhoef said that she has recently received concerns from a business regarding the impact of traffic control on S. Gilbert Street, in the area of Hills Bank. In response to a question from Lehman, Schoon said he plans to have the three plans ready to submit to Council at their April 2, 2002 meeting. Adiournment As there was no other business, the meeting was adjourned at 9:54 AM ***NEXT MEETING DATE IS APRIL 18, 2002 at 9:00 AM*** t: sharedlp~dlminutes/ecodevledc03-21-02.do: From Council Member Pfab ~f~ Denver parking rates falling Office vacancies prompt decrease By ~ Denver Post Business Writer Thursday, April :1.~., 2002 - Parking costs in downtown Denver peaked early Jn 2002 after years of sharp increases - a sign that rising office vacancies are taking a toll on owners of ~rivate lots and Downtown Denver Partnership found that the maximum median daily fee for a parking space is $6, a 14 decrease from the same cost a year ago. Monthly rates leveled off at $110, a plateau after years of above-inflation rate increases. median cost is the middle point - half of the fees are more than that amount and half are less. "This is a good news-bad news scenario," said Cindy Christensen, the Partnership's director of economic workers, and that's why we see a drop in daily rates by soft demand during the past year. Total office r jumped to 16.4 percent, according to Torto Wheaton In the fourth quarter of 2001, metro Denver had the 10th-largest increase in office of any major market in the country, according to investment bank UBS Warburg. vacancy Another factor that is pushing downtown parking rates lower is increased ridership on buses and light-rail lines, Christensen said. According to a survey commissioned by the partnership, about 35 percent of downtown workers used public transportation to get to work last year. In 1996, one-fourth of downtown workers rode buses or light rail. Scott Reed, spokesman for the Regional Transportation District, which runs the buses and light-rail, said ridership has increased during the past year. In addition, more employees work for companies that cover transit costs. At the end of 2000, 1,035 employers with a total of 67,673 workers offered transit passes. At the end of 2001, 988 employers covering 81,988 workers offered the passes, Reed said. Total boardings throughout the metro area increased from 77.8 million in 2000 to 82 million last year, Reed said. The Partnership's survey confirms a similar finding made last year by Integra Joseph Farber & Co., a Denver appraisal firm that conducts an annual parking-cost study every spring. In its 2001 study, it found average daily rates of $6.55, a slight increase from the previous year. The firm hasn't updated its study for this year. The highest parking prices are in lots and garages closest to the 17th Street office district, according to the partnership survey, which covers five downtown districts: Lower Downtown, the 17th Street office district, the Convention Center, the Ballpark neighborhood and the Golden Triangle south of Colfax Avenue. Parking garages near the 17th office district charged a median monthly rate of $152 - the highest cost in the survey. Monthly rates in surface parking lots near 17th Street were $120. Although the median monthly rate held steady in the Partnership's survey compared with last year, lot owners have been dropping rates. One downtown lot dropped monthly rates from $170 a month to $130 month. Others have posted signs offering early-bird daily rates. Parking is a significant cost for companies leasing space downtown, said 3im McGrath, senior vice president of The Staubach Co., a commercial real estate brokerage. Even if the company doesn't pay for employee parking, most employers consider the cost when making leasJng decisions. Compared with a suburban parking lot, downtown parking can add an extra $:~00,000 per year for a standard-sized office building floor of about 20,000 square feet. McGrath estimates that the cost of downtown parking adds $4 to $5 per square foot of space compared with similar suburban space. Parking rates near the Convention Center have decreased but are still higher than daytime costs in Lower Downtown. Still, conventioneers don't express sticker shock about parking rates. Bob Messerli of Rhinelander, Wis., said Wednesday afternoon that downtown parking rates are reasonable. "For an all-day rate, ! don't think it's too bad," Messerli said as he jammed a credit card into a machine to pay $8 for an all-day surface-lot space along 15th Street. "It's a lot cheaper that parking at the Adam's Mark, which is charging $15 a day." The surface lot would have been cheaper if Messerli, who is attending a church convention, hadn't been vexed by confusing directions on the machine, which caused him to pay a $4 hourly rate before punching the correct button to get the $8 daily rate. Email a Coov of this Articl~ Return to too All contents Copyright 2002 The Denver Post or other copyright holders. All rights reserved. This material may not be publishedt broadcast, rewritten or redistributed for any commercial purpose. · c.E_m__,~_~ J Privacy oolicv Marian Karr From: Irvin Pfab [ipfab@avalon.net] Sent: Thursday, April 11, 2002 10:36 AM To: cou ncil@iowa-city.org Subject: 41002fw Gov. Cayetano ends the program aimed at catching speeders:Honolulu Star-Bulletin, by Pat Omandam http://starbulletin.com/2OO2/O4/lO/news/indexl.html Wednesday, April 10, 2002 Gov. Cayetano ends the program aimed at catching speeders By Pat Omandam pomandam@starbulletin.com Gov. Ben Cayetano ordered the state Transportation Department today to end the traffic enforcement camera program to catch speeders. The governor took the action in response to the Legislature's intention to repeal the controversial program. "The traffic van cam law is the creation of the Legislature and if they want to now cancel the program, it will be canceled," the governor said. Cayetano said the objective of the program was good -- to promote safety through controlling speed -- and it's unfortunate the program has met with an early demise. "Driving at faster speeds has become a habit for many drivers and explains, at least in part, why there was so much opposition to the traffic van cam," he said. Last night, the state House moved to kill the controversial traffic camera program last night, succumbing to an insistent state Senate and an outraged public. "We're raising a white flag," state Rep. Nestor Garcia (D, Waipio) said. The House was scheduled to vote tomorrow to accept a Senate bill that repeals the program. The state Senate yesterday voted 25-0 to repeal the program. The governor said this morning in a news release that he will allow the repeal to become law without his signature. The state Department of Transportation and ACS, the company that operates the camera were not available for comment this morning. House Transportation Chairman Joseph Souki D, Wailuku), who had fought hard for major changes to the state photo traffic enforcement program during this legislative session, said late last night that the program did not evolve the way legislators believed it would. Souki said all the legal challenges to the traffic camera program, along with the public outrage over it, led him to believe "the program at this point cannot be salvaged." "We tried hard to save the program. I think it's gone to a point where it's beyond saving," Souki said. The surprising House action, which occurred at 9:30 p.m., reverses a decision last Friday by House Democrats, who had stopped debate on Senate Bill 2077, Senate Draft 1, after House Republicans recalled the bill early last week. The House minority had wanted to force a vote on the repeal of the traffic cameras in acknowledgment that it has become one of the top issues of the session. Honolulu District Judge Leslie Ann Hayashi was expected today to decide the fate of hundreds of photo speeding citations issued by the traffic cameras. Defense attorneys say the program could be shut down if Hayashi rules that people cannot be held responsible for the citations because they are the registered owners. Also, the American Civil Liberties Union recently filed a lawsuit against 1 the state because the project allows a private company access to driver's Social Security numbers. The Transportation Department began the program in January through a contract with Affiliated Computer Services, the vendor that operates the camera vans and issues the citations. Soon after, there was public outrage that the program is more a money-making scheme for the state and the private vendor than a program to reduce speeding on state roads. Moreover, with all 76 legislative seats up for election this November, legislators are keenly aware of the public pressure to do something about the program. Cayetano, who is away on a personal trip to South Carolina, returns Friday. The governor had previously been in favor of keeping the program with modifications. Reporters Crystal Kua and Rick Daysog contributed to this story. © 2002 Honolulu Star-Bulletin http://starbulletin.com Honolulu Star-Bulletin Hawaii News From Counci 1 Member Pfab Page 1 of 3 CLICK TO SUPPORT OLrR SPONSORS Wednesday, April 10, 2002 TRAFFIC CAMS DEAD Gov. Cayetano ends the program aimed at catching speeders By Pat Omandam pomandm~starbulletin.com Gov. Ben Cayetano ordered the state Transportation Department today to end the traffic http://starbulletin.comJ2OO2/O4/lO/news/storyl .html 4/11/02 Honolulu Star-Bulletin Hawaii News Page 2 of 3 enforcement camera program to catch speeders. The governor took the action in response to the Legislature's intention to repeal the controversial program. "The traffic van cam law is the creation of the Legislature and if they want to now cancel the program, it will be canceled," the governor said. Cayetano said the objective of the program was good -- to promote safety through controlling speed -- and it's unfortunate the program has met with an early demise. "Driving at faster speeds has become a habit for many drivers and explains, at least in part, why there was so much opposition to the traffic van cam," he said. Last night, the state House moved to kill the controversial traffic camera program last night, succumbing to an insistent state Senate and an outraged public. "We're raising a white flag," state Rep. Nestor Garcia (D, Waipio) said. The House was scheduled to vote tomorrow to accept a Senate bill that repeals the program. The state Senate yesterday voted 25-0 to repeal the program. The governor said this morning in a news release that he will allow the repeal to become law without his signature. The state Department of Transportation and ACS, the company that operates the camera were not available for comment this morning. House Transportation Chairman Joseph Souki (D, Wailuku), who had fought hard for major changes to the state photo traffic enforcement program during this legislative session, said late last night that the program did not evolve the way legislators believed it would. Souki said all the legal challenges to the traffic camera program, along with the public outrage over it, led him to believe "the program at this point cannot be salvaged." "We tried hard to save the program. I think it's gone to a point where it's beyond saving," Souki said. The surprising House action, which occurred at 9:30 p.m., reverses a decision last Friday by House Democrats, who had stopped debate on Senate Bill 2077, Senate Draft 1, after House Republicans recalled the bill early last week. The House minority had wanted to force a vote on the repeal of the traffic cameras in acknowledgment that it has become one of the top issues of the session. Honolulu District Judge Leslie Ann Hayashi was expected today to decide the fate of hundreds of photo speeding citations issued by the traffic cameras. Defense attorneys say the program could be shut down if Hayashi rules that people cannot be held responsible for the citations because they are the registered owners. http://starbulletin.com/2OO2/O4/lO/news/storyl .html 4/11/02 Honolulu Star-Bulletin Hawaii News Page 3 of 3 Also, the American Civil Liberties Union recently filed a lawsuit against the state because the project allows a private company access to driver's Social Security numbers. The Transportation Department began the program in January through a contract with Affiliated Computer Services, the vendor that operates the camera vans and issues the citations. Soon after, there was public outrage that the program is more a money-making scheme for the state and the private vendor than a program to reduce speeding on state roads. Moreover, with all 76 legislative seats up for election this November, legislators are keenly aware of the public pressure to do something about the program. Cayetano, who is away on a personal trip to South Carolina, returns Friday. The governor had previously been in favor of keeping the program with modifications. Reporters Crystal Kua and Rick Daysog contributed to this story. State of Hawaii E-mail to City Desk BACK TO TOP Text Site Directory: [Newsl IBusinessl [Features] [Sportsl [Editori#!l lDo It E!ectrlc!l IC!~ssifiea Ad~s] [Search] [So_O~r~b~l [!ofol lLe~ler to Editorl lFeedbackl © 2002 Honolulu Star-Bulletin http://starbulletin.com http://starbulletin.com/2OO2/O4/lO/news/storyl .html 4/11/02 Page 1 of 2 Marian Karr From: Irvin Pfab [ipfab@avalon.net] Sent: Friday, April 12, 2002 7:52 PM To: council@iowa-city.org Subject: 4'1202fw Fight Crime: Invest in Kids Press Release, by Phil Evans I thought you might be interested in this press release from Fight Crime: Invest in Kids. Next month representatives from this organization will be coming to Des Moines to release results of a survey about child care they are currently conducting among Iowa law enforcement officials. If you would like to read the full text of the testimony mentioned in the press release, go to <http;//www.fightcrime,org> FOR IMMEDIATE RELEASE CONTACT: Phil Evans, 202-776-0027 x. 109; Nights and Weekends 301-949-5630 Law Enforcement Leaders Say Welfare Reform Legislation Should Boost Funds for Child Care To Prevent Crime WASHINGTON, April 12-More than 1,500 police chiefs, sheriffs, prosecutors and victims of violence today called on Congress to increase funds for educational child care for preschool-age children as part of reauthorization of a welfare reform package expected to be voted on by a House subcommittee next week. Leaders of Fight Crime: Invest in Kids, a bipartisan, anti-crime organization, told members of the subcommittee that Congress can greatly reduce crime by expanding a child care assistance program that now has funds to serve only one out of seven eligible low- and moderate-income working families. "Every day we fail to help working families afford quality educational child care and after-school programs, we increase the risk that you or someone you love will fall victim to violence," said Seattle Police Chief Gil Kerlikowske, Fight Crime: Invest in Kids' board chairman. Kerlikowske said research showed educational child care prevents future crime. He said a study of Chicago's Child-Parent Centers showed that children from poor neighborhoods who did not attend the centers as preschoolers were 70 percent more likely to be arrested for a violent crime by age 18 than children who attended the centers. Fight Crime: Invest in Kids President Sanford Newman said that, in part because of successful welfare reform legislation signed in 1996, 62 percent of children under six - 13 million kids - are in the care of someone other than their parents during the work day. "Will Congress consign millions of these kids to be parked in front of TV's, or will it help them get the good child care that's proven to cut their risk of becoming criminals?" he asked. Kerlikowske said that "decent child care for two kids can easily cost over $12,000 a year, more than the income of a full-time minimum wage worker. Congress has said these families need help to get decent child care - but then it has provided no money to help six out of seven of the families it made eligible. The consequence is hundreds of thousands of unnecessary crimes and preventable violence." Chico, CA, Police Chief Michael Efford, a member of Fight Crime: Invest in Kids, testified before the House Ways and Means Subcommittee considering welfare reform last night (April 11). He said investments in child care can prevent crime and "save lives, hardship, and money." Regardless of whether they have been on welfare, Congress should ensure adequate child care for low- and moderate-income working families, and welfare reform reauthorization offers that opportunity, Efford said. Marla Sheffier Executive Director 4/14/02 Page 2 of 2 ~Iowa Child Care & Early Education NetWork 218 Sixth Ave., Suite 1021 Des Moines, IA 50309 515-883-1206 Fax: 515-244-8997 icceen~iowachildnetwork.org "Early childhood advocacy is about making changes - changes to improve the lives of young children and their families, and the status of those who work so hard to teach and care for them. It is about convictions and compassion, empowerment and energy, courage and consensus" (Goffin, S.G. and Lombardi, J. (1988) Speaking Out: Early Childhood Advocacy. New York, USA: National Association for the Education of Young Children) 4/14/02 Marian Karr From: Irvin Pfab [ipfab@avalon.net] Sent: Sunday, April 14, 2002 9:17 AM To: cou ncil@iowa-city.org Subject: 41402fwCoverStory: Proposed LawWould Protect Nannies, Others:womensenews.org by Michel[e Tsai If this email was forwarded to you and you would like your own free daily or weekly subscription, go to http://www.womensenews.org/subscribe.cfm Here's today's update: IN THE STATES Proposed Law Would Protect Nannies, Others By Michelle Tsai - WEnews correspondent (Left to right: City Council members Hiram Monserrate and Gale Brewer; Committee Against Anti-Asian Violence coordinator Carolyn de Leon and Andalon founder Nahar Alam. Photo taken March 24, 2002 at City Hall, copyright Lia Chang Archive. -} NEW YORK (WOMENSENEWS)--A proposal that reflects burgeoning movements around the country to protect domestic workers would extend key employee rights to New York City's estimated 600,000 nannies, housekeepers and domestic cooks, often working for as little as $2 an hour. The legislation, introduced recently by several City Council members, is designed to improve employment conditions by offering domestic workers protections including the federal $5.15 hourly minimum-wage standard, overtime pay, Social Security, disability insurance and a 40-hour work week. The law would bring to the city's domestic workers, many undocumented women laborers, protections available to most other U.S. employees. The New York City law would require employment agencies, which place at least half of all domestic workers in New York City, to obtain a signature from each employer on a "code of conduct" describing the employer's obligations. The agencies would be required to provide a written statement describing terms of employment to each domestic worker, including the employer's agreement to provide minimum wage, overtime pay, Social Security, unemployment insurance, disability insurance, and worker's compensation. The city's Department of Consumer Affairs would oversee the agencies and have the power to inspect the agencies' records. Essential federal and state labor laws that cover U.S. citizens, legal residents and illegal immigrant workers often specifically exclude domestic workers from their provisions and the few that do protect workers in private homes are poorly enforced. For example, the Occupational Safety and Health Act protections do not extend to live-in employees. The federal labor law known as Title VII and New York State Human Rights Law--both of which protect individuals from employment discrimination based on race, color, religion, sex, or national origin--do not apply to domestic workers. Title VII applies to employers with a staff of at least 15, while the New York state law applies to employers with staffs of four or more. The Fair Labor Standards Act, perhaps the single most important piece of ! legislation for workers in the United States, establishes minimum wage, overtime pay, child-labor protections, and the standard of a 40-hour workweek--but excludes live-in workers from overtime pay. Although all domestic workers have the right to be paid the minimum wage, enforcement depends entirely on the workers. "Employers assume the worker will be less informed about the laws of this country and that she would be too afraid to approach authorities because of being undocumented," said Naomi Zauderer, the organizing and campaign liaison with the National Employment Law Project, an advocacy group for iow-wage workers and the unemployed. In addition, she said that many employers--like their employees--do not know that labor laws apply to all workers, regardless of immigration status. City Councilman Hiram Monserrate, a Democrat from Queens, home for many immigrants, says she is "going to lobby our colleagues to ensure this bill passes, then fight on state and federal levels." City Councilwoman Gale Brewer, a Manhattan Democrat from an affluent, yet liberal, district, said she is optimistic that the bill will pass, particularly because "we're in a budget crunch and this bill doesn't cost anything." Novel Places Issue of Nanny's Working Conditions in Spotlight The legislation follows the debut of "The Nanny Diaries," a novel by two former nannies, Emma McLaughlin and Nicola Kraus, that's been on the best-seller lists since it hit the stores March 7. The tongue-in-cheek novel exquisitely satirizes vapid employers and vividly portrays a fictional selfish and self-indulgent set of parents, it does little to convey the working conditions of most nannies. Nevertheless, it has brought enormous public attention to the lives of live-in employees. In an industry where workers are primarily immigrant women from the Caribbean, the Philippines and Eastern Europe, wages range from $175 to $650 per week, according to Jacqueline Maxwell, a nanny and organizer with Domestic Workers United. The workers have myriad responsibilities: shuttling entire families to work and school, housekeeping and laundry, cooking, child-care and food shopping. Workdays often last 16 to 17 hours, with no days off, no overtime pay, no sick days, and no health benefits. Some employers don't provide their nannies with a salary at all--just a place to stay in exchange for live-in labor. One example that advocates say illustrates the vulnerability of these employees is detailed in a recent civil complaint filed in New York. Yasmin, a 61-year old i~lmigrant from Malaysia who agreed to be interviewed on the condition that her actual name was not used, says she worked in 1999 as a live-in nanny and housekeeper for a physician's family in well-to-do Southampton, N.Y. She had been hired through an employment agency for $500 a week, even though she was an undocumented worker. At first, again according to Yasmin's account, her employer said her job was only to provide housekeeping, but Yasmin was routinely left alone with the doctor's two children. Her list of chores kept her busy from 7 a.m. to 11 p.m., and included everything from yard work and preparing the children's lunches to giving medicine to the doctor's pets. When the doctor hired a babysitter a few weeks later, Yasmin's salary was cut to $400 a week. According to a complaint filed in New York State Supreme Court on April 10, the doctor verbally abused her as well, saying, "You are lucky to have me to work for because no one else would hire you," and, "No one knows you are here so you better be careful." Yasmin fell on the job due to a hazard her employer knew about but failed to cure. Her employer gave her no time off to recover and has refused to pay the medical bills related to the accident. Yasmin is now unemployed. 2 Employers Have Little Accountability Whether Yasmin's experience is rare or co~mon, the fact is that "employers are free to do the hiring and firing without being held accountable," said Carolyn H. de Leon, a former nanny and now a coordinator at the Committee Against Anti-Asian Violence, a group that organizes Asian comanunities. While domestic workers have unionized for safe working conditions in France, Greece, Italy, Spain, the United Kingdom, Argentina, Bolivia, Brazil, and Colombia, such live-in domestic workers are barred from unionizing in the United States. Even for live-out employees, who are technically covered by the law, collective bargaining cannot exist because there is typically only one employee per work site. Several community-based groups have begun to organize for domestic workers rights, including CASA of Maryland, an advocacy organization that focuses assisting Latina and Latinos in the greater Washington area; the Coalition for Humane Immigrant Rights in Los Angeles; and the Domestic Worker Cooperative in California. A live-in worker participating in these organizations could be legally fired by her employers, however, as she would not be protected by the National Labor Relations Act. Some Argue for Different Strategy What may ultimately improve working conditions the most for nannies and housekeepers is not the proposed legislation, but a standard contract between workers and their employers, argue some advocates. Domestic workers organizations in New York are distributing a so-called standard contract, educating workers about their rights and training them to negotiate with potential employers. Zauderer, the liaison for the National Employment Law Project, said that ultimately domestic workers cannot depend on employment agencies to watch out for them and that they will still need to take the initiative to negotiate a contract that spells out their working conditions and employer's responsibilities to them. Michelle Tsai is a freelance reporter in New York. For more information: National Employment Law Project: - http://www.nelp.org/ The Village Voice - Women Raise the City: http://www.villagevoice.com/issues/O211/lee.php Outta' Sight: Hidden Labor in Los Angeles: - http://www.outtasight.org Copyright 2002 Women's Enews. The information contained in this Women's Enews report may--with the prior written authorization of Women's Enews--be published, broadcast, rewritten or otherwise distributed. To obtain permission, reply to this email and provide the publication or broadcast date and the name of the newspaper, magazine, radio or television station, cable network, Web site, newsletter or list serve where it will be ~eplicated. Please include the approximate size of the audience you intend to reach. Women's Enews is a nonprofit independent news service covering issues of concern to women and their allies. We are supported by our readers and the John S. and James L. Knight Foundation, the Barbara Lee Family Foundation and the Starry Night Fund. The donations from readers are critical to our success. They are an important measure that we are serving our audience--the yardstick 3 that our foundation supporters will measure us by. Donate now by going to http://www.womensenews.org/support.cfm Women's Enews subscribers may select whether to receive a daily full text, daily summary or weekly summary. To change your email address, send mail to membersvcs@womensenews.org. To change the frequency of your mail or to cancel your subscription, send a message to Member Services or use our online form: http://www.womensenews.org/update_subscription.cfm New subscribers can send a message to membersvcs@womensenews.org or go to http://www.womensenews.org/subscribe.cfm From Mayor Pro tem Vanderhoef POLICY INFORMER National League of Cities April 2002 POLICY COMMITTEES CHOOSE H Finance, Administration, and TOPICS AT 2002 l ntergovernmental Relations (FAIR. CONGRESSIONAL CITY CONFERENCE Committee Leadership Chair: Ronald Bates, Mayor, Los Alamitos, CA The March Congress of Cities was busy as over one Vice Chairs: .a_ thousand policy committee members chose topics Ibr the Margaret Peterson, Council Member~ West Valley City, UT 2002 policy agenda. Local leaders from across the nation met i Ted Tedesco, Mayor, Ames, IA during the seven policy committee meetings to evaluate possible topics for inclusion on the respective policy agendas. After ~hair Ron Bates, Mayor, Los Alamitos. CA, presided as the listening to member comments and voting on priority topics that ~ FAIR Policy Committee developed thc 2002 agenda lbr thc are federal in nature but have municipal impact, thc committees FAIR Steering Committee. Financial issues clearly dominated the concerns of the membership in their selectiun of Iheir top met in smaller groups to provide direction to the steering committees. The topics selected include important municipal priorities. issues such as public security techuology, c-commerce, cable Infrastructure Debt Finance: The commitlcc will examine thc TV regulation, early childhood development, affordable roles of the tbree levels of government regarding use of debt housing, the Clean Air Actand TEA-21 rcauthorizatiou, financing to finance infrastructure and ways to improve thc system. While olher NLC committees handle their specific This Policy l~fi;rmer was produced to report on thc details of thc jurisdiction of iufi-astntcture programs, thc FAIR Committee specific 2002 policy agendas and features relevant resources lbr wants to examine the appropriate level of governmental debt lbr this year's topics. In addition, tbe lnjbrmer provides the infrastructure investment. They will evaluate whether the level committee leadership and staff contacts. Beginning m May, the of public infrastructure investmeut is appropriate, sustainable seven steering committees, which are subsets of the policy and being incurred by suitable levels of government. committees, will meet to begin work on their respective policy E-Commerce: The issues selected under this municipal priority agendas, listen to experts on thc issues, evaluate current will bc an examination of existing policy to determine what National Municipal Poli0, and draft policy amendments and positions, if any. NLC needs to change to gain prompt and resolutions. In addition, the committee chairs will meet in July positive federal legislative or judicial resolution on this sub cci. to discuss and evaluate any cross-culting issues. The cnre issue is the inability of state and local governments require certain remote vendors tu collect sales (use) taxes thai If you have any questions or concerns regarding your are cun'ently owed by consumers, bul go unpaid. Thc cnmmittce's 2002 policy agenda, please do not hesitate to discussions will highlight the progress of thc streamlined sales contact your appropriate NLC stalT person. Wc welcome tax project being coordinated by a sub-scl of state goxernmcnls feedback throughout the process. Also, please plan to attend thc and an analysis of congressional treatment of thc issue 2002 Congress of Cities (CoC) in Salt Lake City, Utah. on Federal Tax and Budget Issues: fhc policy committee asked December 4-8, 2002. Your participation m the policy agenda the steering committee to review currcnl NLC policy m the area adoption process at Cee is important! of federal taxation and budget. These sub cots arc fluid m nature and new demands are now being placed on thc budget The 2002 promote domestic and international security. National Municipal Policy A f0urlh area mv0Mng precmplion ttf municipal legisMivc and regulatory authority by international trade agreements will also and Resolutions ,eceive attention Under certain existing and proposed is now available intematinnul agreements Io promote imcrnutional trade, lbrcign corporatmns cnioy rights to assert cMims agamsl thc onthe g,.)~CHlmcnt superior to those that exist tkn /;S I]tlIlS and National League of Cities' indisidnals. NI.C's (:ED Committee did substantial work on this website located at topic lasl year and FAIR will expand fins existing pNic? NLC .'-;taft ('ontact: Doug Pctcrson. Scniol Polio? Analsst www. nlc. org. Phone: 2 2 026 I I75 Ii-mail: pctclson!a nlc erg The NMP is located under the Web Resources Policy/Legislation link. IL-commerce ~,,~, gcocitic~.c(nn stl'canllincd2(}OIl General I cdcral I'inancc Reports: http: xxx~'a Energy, Environment, Community and Economic and Natural Resources (EENR) Development (CED) I Committee Leadership Committee Leadership Chair: Joseph A. Moore, Alderman, Chicago, IL Chair: Ruth Hopkins, Council Member, Prairie Village, KS Vice Chairs: Vice Chairs: I Lorraine Anderson, Council Member, Arvada, CO /David H. Senjem, Council Member, Rochester, MN [Joe I. Rasco, Mayor, Key Biscayne, FL [Anne M. Sinclair, Council Member, Columbia, SC The EENR Policy Committee has directed the 2002 Steering T he CED Policy Committee chose the lbllowing topics: Committee to work on four topics: ! Community Development Block Grant (CDBG}: The Bush The Clean Air Act: This legislation is designed to protect air Administration has proposed reforms to CDBG and has noted quality in the United States by setting national limits on amounts concerns that "some recipients of HUD funding are either failing of individual air pollutants. The policy committee asked the to utilize all of the funds provided by HUD or are failing to steering committee to reexamine NLC's policy on global obligate and spend the funds in a timely manner." The wanning and focus on researching proposals to reduce Administration has proposed a legislative change to alter the emissions from power plants, the usc of the oxygenate MTBE current distribution of CDBG formula funds to redirect (Methyltertiarybutylether) in motor fuel, and the new regulation resources to the nation's poorest neighborhoods. In light of the of particulate matter with a diameter of less than 2.5 proposed reforms, the committee was directed to update current micrometers (PM 2.5). NLC policy on CDBG regarding funeliness of spending, allocations to communities and need for consistency of National Environmental Protection Act (NEPA) Review: standards. Passed in 1969, NEPA provides a broad federal framework for protecting the environment. NEPA requirements are invoked Affordable Housing: In 2000, Congress created the bi-partisan when any project receives federal funding or requires a federal Millennial Housing Commission to assist in improving housing permit. These requirements include studies of environmental opportunities. After two years of soliciting written and oral impacts of proposed projects and analysis of alternatives to input from national organizations and state and local officials, those projects. Thc process of preparing these documents is the Commission will issae its report to Congress in the spring of lengthy and prctjects are often delayed as a result. The steering 2002. The policy committee directed the steering cormnittee to committee ,,viii evaluate the possibility of streamlining NEPA on review the Commission's report and study particular aspects of the federal level, affordable honsing, inclading the need for production of more multi-family units and rehabilitation of currently inadequate Clean Water Act: The steering committee will examine this housing. The cmmnittee will also evaluate the federal housing law to determine if the civil lawsuits allowed under the act are policy's impact on zoning, land assessment costs, the ability for an unreasonable burden on local governments. The committee a municipality to divest of public housing when necessary, and will also examine NLC's current policy on discharges to the HOPEVIprogram. determine if changes are necessary. Economic Development Incentives: There are a variety of federal programs that assist local governments in pursuing Security Issues: The steering committee will explore possible economic development opportunities. The government programs federal security measures to protect critical infrastructures range broadly from brownfield redevelopment to international (including drinking water and treatment facilities, nuclear and trade promotion. The committee noted the variety of other energy production and transmission facilities, and mismatched economic development programs offered by the chemical production and storage facilities) from terrorist threats, federal government and requested NLC policy to address the NEC Staff Contact: Joanna Liberman, Policy Analyst ones most effective for local governments. Phone: 202.626.3042; E-mail: liberman(Cnlc.org NLC StaffContact: Para Kondr, Senior Policy Analyst Web Resources Phone: 202.626.3068; E-mail: konde(~nlc.org The United States Environmental Protection Agency: Web Resources http://www.epa.guv/(contains information on air and water) U.S. Department of Housing & Urban Development: The United States Department of Energy: http://www, hud.gov http://www.energy.gov/security/index.html House of Representative Subcommittee on Housing and Community Opportunity - CDBG Testimony Nuclear Regulatory Commission: htlp://www.house.gov/financialservices/031402w2.htm http://www.nrc.gov Economic Development Administration: The White House's Council on Environmental http://www.doc.gov/eda/ Quality's NEPAnet: Catalog of Federal Domestic Assistance: http://c eq.eh.doe.gov/n epa/nepanet.hrm http://www.cfda.gov/ Policy Informer Page 2 April 2002 Human Development Transportation Infrastructure (HD) and Services (TIS) i~ Committee Leadership Committee Leadership ~ Chmr: Rozelle Boyd, Councilor, Indianapolis, IN [ Chair: Conrad W. Bowers, Mayor, Bridgeton, MO Vice Chairs: ~[ Vice Chairs: Nancy Bates, Mayor, Farmington Hills, MI I Pat Dando, Council Member, San Jose, CA I C. Joe Williams, Council Member, Tulsa, OK i Sandy Greyson, Council Member, Dallas, TX HD policy committee chose the following items for '/~he TIS Policy Committee has directed the 2002 Smering / inclusion in the 2002 HD Poiicy agenda: I Conmfittee to work on four topics: Early Childhood Development: There are multiple resources Transportation Equity Act in the 21~ Century (TEA-21) the federal government provides for child care and child Reauthorization: A Task Force will be appointed by the TEA- development programs. These include the Child Care & 21 leadership to develop policy on this issue, building on the Development Block Grant (CCDBG), TANF Block Grant and work completed last year. Issues for development include Head Start & Early Head Start. The CCDBG and TANF Block Grants are up for reauthorization this year and President Bush has highway safety, funding for security, rail safety, and transit proposed structural changes to Head Start. In light of these fundingissnes. activities, the committee has requested a review of the current policy on early childhood development. Aviation Security: NLC currently has no policy on aviation security. The committee will evaluate the resolution passed last Welfare Reform/Living Wage: The 1996 welfare reform law year on this issue to detemfine if policy language on aviation created the "Temporary Assistance to Needy Families" (TANF) security is appropriate. The steering committee will look at block grant and produced numerous wide-ranging changes in existing security measures and funding mechanisms to welfare policies and practices. The law eliminated the entitlement determine if changes to the law are desired by NLC's to cash welfare benefits, required work and provided a five-year membership. lifetime linfit for cash supports. Many cities are now providing for families who can no longer receive cash benefits due to the AMTRAK and High Speed Rail: The policy committee has five-year limit. Despite reforms and a significant decrease in asked the steering commiUee to recommend policy on the future welfure caseloads, working families are still struggling to make of AMTRAK and funding for High Speed Rail. ends meet. The committee requested that NLC policy on this topic be strengthened and specifically directed studying the Surface Transportation Security: The steering committee will living-~vage issue, examine possible measures to protect surface transportation Health and DentaL: With a large proportion of the nation's infrastructure from terrorist threats. The committee will explore children still uninsured, the committee wants to review and possible security measures for rail, highways, bridges, tunnels, strengthen NLC health policy to address the lack of health and and ports, and will determine if a federal program for protection dental insurance for children. The committee also requested that of these systems is necessary. NLC policy address the growing shortage of nursing personnel. NLC Staff Contact: Joanna Liberman, Policy Analyst Bioterrorism Preparedness: Following the attacks of September Phone: 202.626.3042; E-mail: liberman~nlc.org I 1th and the subsequent anthrax crisis, the capacity of our nation's public health system was stretched to the limit. Congress Web Resources approved SI.1 billion to help states strengthen their capacities to U.S. Department of Transportation: respond to bioterrorism and other public health emergencies http://www.dot.gov/ resulting from terrorism. As a result, the committee requested AASHTO: NLC policy on bioterrorism preparedness of the public health http://www.aashto.org system. The National Academies Transportation Research Board: NLC Staff Contact: Pmn Kond6, Senior Policy Analyst http://www.nas.edu/trb/ Phone: 202.626.3068; E-mail: konde(~nlc.org Amtrak Office of Governmental Affairs: Web Resources http://www.amtrak.com/aboutYgovemmenta ffairs.html Welfare Information Network: www.welfareinfo.org The Brookings Institution Welfare Reform & Beyond American Association of Airport Execut'ves Airportnet: www. brookings.edu/wrb http://www, airportnet.org/ Children's Defeose Fund: http://www.children?defense.org The Transportation Security Administration: Linking the Nation's Children to Health Insurance http://www.tsa.gov http://www.insurekidsnow, gov/ Thc Federal Aviation Administration: U.S. Department of Health and Human Services - public health http://www.faa.gov preparedness: http://www.hhs.gov/hottopics/healing/ Policy Informer Page 3 April 2002 [] Public Safety and Crime ii Information TechnoloID and Prevention (PSCP) Communications (ITC) Committee Leadership Committee Leadership Chair:~ce Chairs:W' Bryce Hill, Commissioner, Bismarck, ND Chair:i/ice Chairs:Chris Ferrell, Council Member, Nashville, TN Joe Biernat, Council Vice President, Minneapolis, MN ~JVicki Barnett, Council Member, Farmington Hills, MI Roosevelt Coats, Council Member, Cleveland, OH [Dennis Kavanaugh, Council Member, Mesa, AZ The PSCP Committee chose a demanding policy agenda this ('~ommittee Chair Chris Ferrell, Conncil Melnber, Nashville, year. The committee chose four challenging and ~TN, led the ITC Policy Committee as it selected the three comprehensive topics lbr the steering committee to research, major work items for 2002. They share the common concern for evaluate and determine policy implications, advancing appropriate govermnental regulation of communications providers. Public Safety Technology: The committee chose this topic because of the increasing focus on public safety technology and Cable TV Regulation: The committee decided that since it has been several years since this policy has been conrprehensively the need to share infommtion across all levels of government in a examined and since the industry has changed so dramatically, a timely and efficient manner, Local governments need access to federal data. There must be compatibility and integrated systems reexamination of this policy is warranted. The committee will among disaster-response personnel's communications systems, review NLC policy for relevance to the current structure of the The committee will also evaluate the issue of cyber security and industry. Topics specifically identified for research are: public and governmental access chaonels: non-exclusive programming evaluate the PATRIOT Act and its impact on public safety technology, particularly m the area ofsurveillance, deals; definition of cable services; open competition; and mandates for ase of technology that will be less disruptive of poblic safety and investments than current practices. Profiling: The committee will further develop the policy on profiling in light of the eveots of September I 1'". Ooe of the Spectrum Management: The committee requested NLC policy issues that has emerged, as a result of local law enforcement's to reflect a stronger, more active federal management role over increased involvement in homeland security, is whether police the airwaves to advance public interest. This policy would reflect will be allowed to engage in racial profiling. The COmlnittee will NLC's opposition to the current practice of federal spectrum cvahmte this issue and look at the liability ~br municipalities auctions and sales to private parties. Among the issues the regarding profiling techniques and any civil liberties issues that committec aired as items of concern were: loss of federal might arise, authority when spectrum is sold: an undue role for big money in the control of spectrum, the need to create a more cohesive policy Reviev, of Current Emergency Preparedness Policy: The ensuring spectrum access for emergency communications io committee chose to evaluate the current policy on emergency crisis situations; examinatkm of an undue concentration of preparedness and update it as needed. In addition, the members ownership in spectrum. wanted to coordinate with the other committees on their emergency preparedness and security policies. Right-of-Way Issues: The policy conunittee vigorously opposed federal preemption of local authorities to charge rent for entities Earl)' Childhood Education: The conunittee will concentrate on using this public asset and protecting thc huge public investment policy surrounding children ages 0-6 and how quality early in streets and highways. While this is the current NLC position, childhood education can help to deter violent crime in later years, the cmmnittce requested an examination of the ,:,,ay the NLC policy statcments are structured lo ensure that they are as stroog The commiuce will also evaluate what role and how much as possible. responsibility local law enforcelnent should play with the federal govermnent regarding dnmigration, not only to combat the NLC Staff Contact: Doug Peterson, Senior Policy Analyst Phoae: 202.6263175~ E-mail: peters ) l(~ n c o'g effects of unlawlhl immigration, but to fight domestic terrorism and ensure homeland security Web Resources NLC Staff Contact: Katherine Bates, NLC Policy Manager, hltp://wireless.[bc gov (Spectrum issues) Phone: 2026263027, bates(anlc org Web Resources hltp: ,vo, vv~ li:c.gov csg (('ablc TV') US Depamncnl of Justice: http:, x~x~,w.nsdoj.gov ~ . http ,wv, e~.A[ X:~A. lc (click on resource center, then click on File Police Exccativc Research Forum: right of wa.., managen~ent) http: /wwv~ police forum.org Fight ('rime la,,'est in Kids: hup:' ~,ww.lightcrime o~g Polit~v lnJbrmer Page 4 ,tpril 2002