HomeMy WebLinkAbout2016-10-04 Public hearingNOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will
be held by the City Council of Iowa City, Iowa, at
7:00 p.m. on the 4th day of October, 2016, in
Emma J. Harvat Hall, 410 E. Washington Street,
Iowa City, Iowa, or If said meeting is cancelled, at
the next meeting of the City Council thereafter as
posted by the City Clerk; at which hearing the
Council will consider:
An ordinance amending 1-9-3b of the code of
ordinances to add recently annexed property
to precincts 8, 10 and 24.
Copies of the proposed ordinances and
resolutions are on file for public examination in the
office of the City Clerk, City Hall, Iowa City, Iowa.
Persons wishing to make their views known for
Council consideration are encouraged to appear
at the above-mentioned time and place.
MARIAN K. KARR, CITY CLERK
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Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240 31�356r�W40
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ORDINANCE NO. N - -
o e
AN ORDINANCE AMENDING 1-9-31B OFT CODE OF ORDINANCE TO ADD REC9NTLY ANNEXEDI
PROPERTY TO PRECINCTS 8, 10 AND "
C.0
WHEREAS, since January 2013 a City has annexed six pro rties approved in Resolutiom- o. 13-135,
Resolution No. 13-334, Resolution No. 3-335, Resolution No.14-1 , Resolution No. 15-7 and Resolution No. 15-
286; and,
WHEREAS, it is necessary to a1AINI
these properties to t adjacent voting precincts.
NOW, THEREFORE, BE IT ORD BY THE C Y COUNCIL OF THE CITY OF IOWA CITY, IOWA
SECTION I. APPROVAL. Sect! n 1-9-3B Bo daries of Precincts: Precinct 8 is hereby amended by
repealing the description of Precinct 8 a d replacing ' with the following:
Precinct 8: Beginning at the SE corne of 171 ormon Trek Boulevard where Mormon Trek Boulevard
and Hwy 218 intersect; thence NW and ntin ng along the Iowa City corporate limits to Melrose Avenue;
east on Melrose Avenue to Galway Driv al g Galway Drive to Donegal Court; southerly along Donegal
Court to Tipperary Road; southerly along i perary Road to where it intersects with the western boundary of
lot 195 Galway Hills Subdivision Part 10; utherly along said western boundary and continuing easterly to
the SE corner of lot 194 Galway Hills Su !vision Part 10; southerly to Willow Creek; easterly to the west
boundary of Shannon Drive; southerly o Shannon Drive to Irving Avenue; northerly and easterly along
Irving Avenue to Jensen Street; south Ion Jensen Street to Walden Road; northeasterly along Walden
Road to Mormon Trek Boulevardj.s'o th alo g Mormon Trek Boulevard to the point of beginning.
Section 1-9-36 Boundaries of Pres: Preci ct 10 is hereby amended by repealing the description of Precinct
10 and replacing it with the followi
Precinct 10: Beginning at the i tersection of Hi hway 6 and the Iowa River; east along Highway 6 to Boyrum
Street; then south on Boyrum treet to Southgat Avenue; then east on Southgate Avenue to Keokuk Street;
then south on Keokuk Street Sandusky Drive; ten east on Sandusky Drive to Taylor Drive; then south on
Taylor Drive to Burns Avenu ;then east on Burns venue to Sycamore Street; then south on Sycamore Street
to the Iowa Ci/withe
orate li its; then following alo the Iowa City corporate to the point where the corporate
limits interseccenter ne of the CRANDIC Rail ad in Section 21, Township 79 N, Range 6 W; then
continuing nong sa' centerline of the CRANE to the centerline of the Iowa River; then north along said
centerline to tnt of eginning.
Section 1-9-3d ries of Precincts: Precinct 24 is reby amended by repealing the description of Precinct
24 and replaci the following:
Precinct 24: ing at the SE corner of Scott Park on t Iowa City corporate limits; following the corporate
limits south toloan Legion Road; west on American Leg n Road to Scott Boulevard; north along Scott
Boulevard tostar Avenue; east on Rochester Avenue to a Iowa City corporate limits; starting east along
the corporate and continuing to follow the corporate limits ck to the point of beginning.
SECTIREPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECT ON Ill. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or u constitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, pr . kion or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Ordinance No.
Page 2
Passed and approved this day of , 20.
Attest:
Marian Karr, City Clerk
Precinct & Council
District Boundaries
IOWA CITY VOTING PRECINCTS
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Publish 9/26
NOTICE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT AND
ESTIMATED COST FOR THE PCC PAVEMENT
REHABILITATION 2016 PROJECT
IN THE CITY OF IOWA CITY, IOWA
TO ALL TAXPAYERS OF THE CITY OF IOWA
CITY, IOWA, AND TO OTHER INTERESTED
PERSONS:
Public notice is hereby given that the City Council
of the City of Iowa City, Iowa, will conduct a public
hearing on plans, specifications, form of contract
and estimated cost for the construction of the
PCC Pavement Rehabilitation 2016 Project in said
city at 7:00 p.m. on the 4th day of October, 2016,
said meeting to be held in the Emma J. Harvat
Hall in the City Hall, 410 E. Washington Street in
said city, or if said meeting is cancelled, at the
next meeting of the City Council thereafter as
posted by the City Clerk.
Said plans, specifications, form of contract and
estimated cost are now on file in the office of the
City Clerk in the City Hall in Iowa City, Iowa, and
may be inspected by any interested persons.
Any interested persons may appear at said
meeting of the City Council for the purpose of
making objections to and comments concerning
said plans, specifications, contract or the cost of
making said improvement.
This notice is given by order of the City Council
of the City of Iowa City, Iowa and as provided by
law.
MARIAN K. KARR, CITY CLERK
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council
of Iowa City will hold a public hearing on the 4t"
day of October, 2016, at 7:00 p.m. in the Emma
J. Harvat Hall of the Iowa City City Hall, 410 E.
Washington Street, Iowa City, Iowa, or if said
meeting is cancelled, at the next meeting of the
City Council thereafter as posted by the City
Clerk; at which hearing the Council will consider
an Ordinance Renewing and Continuing the
franchise granted to MidAmerican Energy
Company, its successors and assigns, to
acquire, construct, erect, maintain and operate in
the City of Iowa City, an electric light and power
system to furnish, deliver and sell electric energy
to said city and its inhabitants for a period of ten
years.
Copies of the proposed ordinance are on
file for public examination in the office of the City
Clerk, City Hall, Iowa City, Iowa. Persons wishing
to make their views known for Council
consideration are encouraged to appear at the
above-mentioned time and place.
MARIAN K. KARR, CITY CLERK
7
Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE RENEWING
MIDAMERICAN ENERGY
ACQUIRE, CONSTRUCT,
IOWA CITY, AN ELECTRIC
AND SELL ELECTRIC ENE
PERIOD OF TEN YEARS.
ORDINANCE NO.
CONTINUING THE FRANCHISE GRANTED TO
PANY, ITS SUCCESSORS AND ASSIGNS, TO
,T, MAINTAIN AND OPERATE IN THE CITY OF
iHT AND POWER SYSTEM TO FURNISH, DELIVER
(TO SAID CITY AND ITS INHABITANTS FOR A
WHEREAS, the current electric fr nchise with MidAmerican Energy Company ("MidAmerican") was
granted by Ordinance No. 07-4294 wit an effective date of December 4„7007 and is now codified at
Chapter 1, Title 12 of the City Code; and,
WHEREAS, said ordinance embo s the terms of the agree en t reached by the City and
MidAmerican in the negotiations precedin its adoption; and,
WHEREAS, the franchise has a maxi um 25 year term as all ed by Iowa law but provides that if
the Council does not adopt a resolution to c ntinue the franchise' ore than one, but less than two years
prior to the tenth anniversary" the franchise II terminate; and,
WHEREAS, while said ordinance requir
Section 364.2(4)(a) of the Iowa Code requires
franchise and that the franchise be renewed
renewal;
WHEREAS, the franchise will terminate on
December 4, 2016; and
WHEREAS, it is in the City's best interest to
NOW, THEREFORE, BE IT ORDAINED
SECTION I. AMENDMENTS. Title 2,
Franchise", Section 12-1-2, entitled "Fra hise
subsection 12-1-2(A) as follows:
s a resolutio of the Council to continue the franchise,
that a city Old a public hearing prior to any renewal of a
by an or finance, and the continuation is in essence a
4, 2017 unless Council acts to renew it before
and continue the franchise.
CITY COUNCIL OF THE CITY OF CITY, IOWA:
"Franchises," Chapter 1, entitled "Electricity
on; Termination" is amended by adding a new
A. This franchise is reneyded and continued icor a period of ten years until December 4, 2027.
SECTION II. REPEALER.
Ordinance are hereby repeals
invalid or unconstitutional
section, provision or part'
publication, as provided law.
Passed and approv d this
7ordinances and parts �f ordinances in conflict with the provision of this
Y. If any section, provision r part of the Ordinance shall be adjudged to be
adjudication shall not affect the validity of the Ordinance as a whole or any
not adjudged invalid or unc stitutional.
)ATE. This Ordinance shall bp in effect after its final passage, approval and
day of \ .2016
roved
ATTEST:.
CITY CL RK City ft mey's Office _ .'
No
0
Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE RENEWING AND CONTINUING THE FRANCHISE GRANTED TO
MIDAMERICAN ENERGY COMPANY, ITS SUCCESSORS AND ASSIGNS, TO
ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF
IOWA CITY, AN ELECTRIC LIGHT AND POWER SYSTEM TO FURNISH, DELIVER
AND SELL ELECTRIC ENERGY TO SAID CITY AND ITS INHABITANTS FOR A
PERIOD OF TEN YEARS.
WHEREAS, the current electric franchise with MidAmerican Energy Company ("MidAmerican") was
granted by Ordinance No. 07-4294 with an effective date of December 4, 2007 and is now coded at
Chapter 1, Title 12 of the City Code; and,
WHEREAS, said ordinance embodies the terms of the agreement reached by the City and
MidAmerican in the negotiations preceding its adoption; and,
WHEREAS, the franchise has a maximum 25 year term as allowed by Iowa law but provides that if
the Council does not adopt a resolution to continue the franchise "more than one, but less than two years
prior to the tenth anniversary" the franchise will terminate; and,
WHEREAS, while said ordinance requires a resolution of the Council to continue the franchise,
Section 364.2(4)(a) of the Iowa Code requires that a city hold a public hearing prior to any renewal of a
franchise and that the franchise be renewed by an ordinance, and the continuation is in essence a
renewal;
WHEREAS, the franchise will terminate on December 4, 2017 unless Council acts to renew it before
December 4, 2016; and
WHEREAS, it is in the City's best interest to renew and continue the franchise.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS. Title 12, entitled "Franchises," Chapter 1, entitled "Electricity
Franchise", Section 12-1-2, entitled "Franchise Continuation; Termination" is amended by adding a new
subsection 12-1-2(A) as follows:
A. This franchise is renewed and continued for a period of ten years until December 4, 2027.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of 2016.
MAYOR
ATTEST:
CITY CLERK
.11�rovedM.-
D - 9 -21 -/lo
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
First Consideration 10/02/2016
Voteforpassage: AYES: Mims, Taylor, Thomas, Throgmorton,
Botchway, Cole, Dickens. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
that the
r —TO -04 1-6
CITY OF IOWA CITY
MEMORANDUM-
Date: September 23, 2016
To: City Council
From: Geoff Fruin, City Manager
Re: MidAmerican Franchise Renewal
On October 4'" the City Council will hold a public hearing and a first consideration vote for a ten
year renewal of the MidAmerican Energy gas and electric franchises. The City Attorney
provided you a detailed memo on the background of this issue in the September 201h meeting
packet. A copy of that background memo is attached to this correspondence.
The City currently benefits from a strong working relationship with MidAmerican Energy. The
current terms of our franchise agreement have served us well and we continue to collaborate on
various initiatives and capital projects. MidAmerican Energy has demonstrated a strong
commitment to the State of Iowa and Iowa City through investments in their infrastructure. They
are a national leader in renewable energy generation and are taking bold steps to achieve 100%
renewable energy status for Iowa City residents. Details on their 100% renewable effort was
provided to Council in item 3f(3) of the September 20`h meeting packet. A copy of that
correspondence is also attached to this memo. The MidAmerican Energy letter also details a
few other initiatives that the City and MidAmerican have partnered on in recent years. This
includes the LED streetlight conversion program and energy efficiency audits and rebates.
At this time, staff does not see any compelling reason to reconsider a municipal utility or to
renegotiate the terms of the franchise agreement. MidAmerican Energy is a strong community
partner that has been responsive to City needs and is open to collaborations as opportunities
arise. Staff recommends approval of the ten year franchise renewal.
City of Iowa City_--eltM7
MEMORANDUM
Date: September 15, 2016
To: City Council
From: Eleanor M. Dilkes, City Attorney
TV,
Re: Renewal of MidAmerican Franchise
BACKGROUND
The current ordinances granting the electric and gas franchises to MidAmerican Energy
were effective December 4, 2007 and are codified at Chapters 1 and 2, respectively, of
Title 12 of the City Code. Both include the following identical language:
The city may continue this franchise by resolution adopted more than
one, but less than two (2) years prior to the tenth anniversary of the
effective date hereof. In the event the city council does not adopt
such a resolution, this franchise will terminate on the tenth
anniversary of the effective date. The city may continue this franchise
by resolution adopted more than one, but less than two (2) years prior
to the twentieth anniversary of the effective date hereof. In the event
the city council does not adopt such a resolution, this franchise will
terminate on the twentieth anniversary of the effective date. If both
such resolutions are adopted, this franchise will terminate on the
twenty fifth anniversary of the effective date. (Sections 12-1-2 and 12-
2-2, City Code)
The current agreements were approved by the City Council after a public power initiative
was defeated in a November 2005 election (67% to 33%) and more than a year of
negotiation by a City team consisting of staff and two Council members. The maximum
franchise term allowed by the state code is twenty-five years. The duration terms of the
ordinances provided to Council for the initial October 2, 2007 public hearing stated as
follows:
The City may terminate this franchise by resolution adopted more than
one, but less than two years prior to the tenth anniversary of the effective
date of this Ordinance. In the event the City Council does adopt such a
resolution, this franchise will terminate on the tenth anniversary of the
effective date. In the event such a resolution is not adopted the City may
terminate this franchise only by resolution adopted more than one but
less than two years prior to the twentieth anniversary of the effective date
of this Ordinance. In the event the City Council does adopt such a
resolution, this franchise will terminate on the twentieth anniversary of the
effective date. If neither such resolution is adopted this franchise will
terminate on the twenty-fifth anniversary of the effective date.
At the October 2, 2007 hearing a member of the public and the earlier public power
initiative, Karen Kubby, proposed a language change that would substitute the "may
terminate' language with the "may continue" language, stating:
September 15, 2016
Page 2
And so I want to make two very concrete suggestions that even though
the agreement would not be agreeable to me, um, if these two things
were made, but it would make the agreement more livable to me. And the
first one is to change the language that at those
benchmark times, that the City "may continue" the agreement, versus the
current language which is "may terminate." And here's why I think that's
better government. With the language "may terminate," it can be a very
passive approach to continue the relationship....
But, uh, if you have the words "may continue" it creates a very conscious
relationship between the utility and the city, to decide whether or not
you're going to go forward, and whether or not certain sections of the
agreement should be changed, and we heard during the public power
campaign that the utility had some big concerns about the ever, the
quickly changing landscape around energy issues, and could a new
player come in and deal with those issues. Well, I think the same is true
for long-term entities in those issues who aren't used to the new
landscape. It's an ever-changing thing, and so having that shorter term,
um, uh, or having that positive proactive yes we want to continue, versus
a passive well, there's no reason to terminate so we'll keep going.
(transcript, 10/2/2007)
The 10/2/2007 public hearing was continued to 10/16/2007 and at that meeting the
Council amended the ordinances to include the "may continue" language and
subsequently adopted them in that form.
PROCEDURE FOR CONTINUATION/RENEWAL
Section 364.2(4) of the state code states that a "franchise may be granted, amended,
extended or renewed" only by ordinance after a public hearing. It is not clear on the face
of the ordinances whether the continuation option qualifies as an "extension' or "renewal"
of the franchise for purposes of Section 364.2(4) of the Iowa Code. As a result, in
accordance with basic principles of statutory construction, a review of the legislative
history of the language is appropriate. When reviewing that history it becomes clear that
the intent of the language was to provide for an initial ten year franchise which could be
continued upon the affirmative action of the Council, rather than a twenty-five year term in
the absence of Council termination. This language change was made in furtherance of
Council's interest in not locking the City in to a term longer than 10 years in the absence
of a review by Council prior to an extension. With this context it is my opinion that
Council's continuance of the franchise is in the nature of an extension or renewal and
subject to the provisions of Section 364.2(4), which requires a public hearing to be held on
the extension/renewal and the franchise to be extended/renewed by ordinance.
At the September 20 City Council meeting you will simply be setting the public hearing for
October 4. It is my understanding that the City Manager is recommending that the
franchise be renewed and will provide details regarding that recommendation prior to the
public hearing and your first consideration of the ordinance on October 4.
Cc: Geoff Fruin, City Manager
—'arn=
3f(2)
MidAmerican Mardicur Compan
ENERGY® EconomicAdvanta
666 Grand Ave.
Des Moines, IA
FILED 515- 81 2 T
28 ee3phone80
515-2424395 Fax
September 2, 2016 2016 SEP -6 AM 7: 1
CITY CLERK
107"A CITY.1'�'."`.
Mayor Jim Throgmorten and City Council Members:
In November 2007, the Iowa City Council approved 25 -year electric and natural gas franchises
with MidAmerican Energy Company. During this time, MidAmerican Energy has been
privileged to support the community with reliable and competitively priced energy services. We
are excited about continuing our partnership with Iowa City as we move into the next 10 -year
time fi-ame of the franchise agreements.
Our core concept of providing reliable and competitively priced energy and natural gas service to
Iowa City's industries, businesses and residential customers has not changed. We want to be
your next generation energy company. As part of this forward looking vision, MidAmerican
Energy has a dream of eventually generating 100% of our customers' annual energy needs from
renewables.
As part of this dream, we recently asked for and received approval from the Iowa Utilities Board
on our Wind XI project, and expect to start construction in early 2017. The wind generation
project will add up to 2,000 megawatts of renewable generation in Iowa. The $3.6 billion project
is the largest wind project the company has ever undertaken and when operational, MidAmerican
Energy will generate 85% of customers' annual energy from renewables. Notably, in order to
build, operate and maintain Wind XI, we did not ask for an increase in customer rates or for
financial assistance from the state to pay for it.
Wind XI is a giant step toward realizing MidAmerican Energy's vision of 100% renewable
en for Iowa City residents and other customers in the state. Wind energy helps us keep
prices stable and more affordable for customers, provides jobs and economic benefits for Iowa
communities and the state, and contributes to a cleaner environment for everyone.
Since 2004, MidAmerican Energy has invested $6.6 billion to create 3,450 megawatts of wind
energy, all with minimal impact on customer rates. With the addition of Wind XI we are
projecting to be able to provide continued rate stability for our customers through 2029. Rate
stability is and has been a hallmark of our business operations for more than 20 years.
A few other key points we want to share with you:
Enhanced streetliEht initiative: MidAmerican Energy is upgrading more than 100,000
of its streetlights across the state, including the company-owned ones in Iowa City, to
Light Emitting Diode (LED) units, at no cost to the community. We project the
conversion will save approximately 32 million kilowatts -hours of electricity which
represents a reduction on an estimated 22,000 tons of carbon dioxide emissions.
Page 2 O n M
Mayor Jim Throgmorten and City Council Members �" U
September 2, 2016 UU
Service reliability: Since the franchises were approved in 2007, the company has made a
significant investment in equipment upgrades throughout Iowa City. That work includes:
replacing more than 20 overhead distribution switches (helps reduce outage time);
reducing the number of failed underground cable faults through replacement of
underground primary cable; and the company is entering the final phases of upgrading
existing 4-kv lines in the north and east downtown areas to 13-kv lines. Our investment
of more than $2 million for that work will help lessen voltage and reliability concerns for
customers in those regions.
Energy efficiency: MidAmerican Energy offers numerous energy -efficiency programs to
help business and residential customers improve their energy efficiency, reduce their
carbon footprints and save money. In the past four years, more than 940 homes and
almost 100 businesses in Iowa City have taken advantage of the company's energy
efficiency programs. For the same time period, residents and businesses in the city have
garnered more than $8.8 million in energy efficiency benefits. Additionally,
MidAmerican Energy has completed energy audits for all city buildings. This provided
additional opportunities for cost savings. We want to continue partnering on energy-
efficient options that can benefit the city's and citizens' bottom line.
Proposed Green Label Program: MidAmerican Energy will be launching the program
this year and will share more information about its Green Label initiative. Part of the
program keys on MidAmerican Energy's 100% renewable generation vision. This
initiative allows customers to take credit for the renewable energy they are using, thus
reducing reliance on power generated from fossil fuels.
Coal Reliance Reduction: With the recent approval of MidAmerican Energy's Wind XI
project there are mechanisms MidAmerican Energy will put in place to depreciate its coal
assets more quickly than without wind generation.
Annual Iowa City-MidAmerican Energy Report: Since 2007, MidAmerican Energy
has provided an annual report to the Iowa City Council, summarizing financial and
community contributions and our involvement within the Iowa City community. We have
80 employees working and living in the Iowa City area. We appreciate the opportunity to
share our story with you.
We are excited about continuing the long-standing partnership MidAmerican Energy has in
serving our Iowa City customers through the extension of the franchises. We look forward to
working with you and city staff on the process. Please let me know if you have any questions or
would like additional information about the company.
Sincerely,
Kathryn M. Kunert
Vice President Economic Connections and Integration =rC_� rn
M
Ca Geoff Fruin
r
Some cities are taking another look at LED lighting after AMA warnin... https://www.washingtonpost.com/national/health-science/some-cities-a...
VIC Kington Fum
Health & Science CJ��
Some cities are taking
another look at LED lighting
after AN1A warning
By Mkhael 011me September 25
If people are sleepless in Seattle, it may not be only because they have broken hearts.
The American Medical Association issued a warning in June that high-intensity LED streetlights — such as those in
Seattle, Los Angeles, New York, Houston and elsewhere — emit unseen blue light that can disturb sleep rhythms and
possibly increase the risk of serious health conditions, including cancer and cardiovascular disease. The AMA also
cautioned that those light -emitting -diode lights can impair nighttime driving vision.
Similar concerns have been raised over the past few years, but the AMA report adds credence to the issue and is likely to
prompt cities and states to reevaluate the intensity of LED lights they install.
Nearly 13 percent of area and roadway lighting is now LED, according to a report prepared last year for the Department of
Energy, and many communities that haven't yet trade the switch plan to do so. LEDs are up to 50 percent more energy-
efficient than the yellow-orange high-pressure sodium lights they typically replace. They last for 15 to 20 years, instead of
two to five. And unlike sodium lights, the LEDs spread illumination evenly.
Some cities say the health concerns are not convincing enough to override the benefits of the first -generation bright LED
lights that they installed in the past three to eight years. New York is one of them, although it has responded to resident
complaints by replacing the high-intensity, white LED bulbs with a lower -
intensity bulb that the AMA considers safe.
Scott Thomsen, a spokesman for Seattle City Lights, which is responsible for the cit -/s exterior illumination, dismissed the
health concerns about bright -white LED lights, noting that they emit less of the problematic blue wavelengths than most
computers and televisions.
After a year and a half of discussion and sampling, Lake Worth, Fla., is replacing its sodium streetlights with about 4,150
3
1 of 4 10/42016 5:25 PM
Some cities are taking another look at LED lighting after AMA wamin... https://www.washingtonpost.com/national/health-science/Some-cities-a.
LED lights with an amber glow. "We found a color that made sense for the health of our city, and we're proud of the choice
we've made," Michael Bornstein, the city manager, said.
Mark Hartman, Phoenix's chief sustainability officer, said the city might go with a mix of the intense lights for major
intersections and ballpark areas that need very bright light and a softer light for residential areas. He said the city would
consider the health arguments, although he, too, mentioned the glow from computers and televisions. "Nobody says don't
watch television or use your computer after 9 p.m. because of blue lights," be said.
The first generation
Almost as soon as outdoor LEDs were made available, the federal government encouraged states and municipalities to use
them, calling LEDs highly efficient for such applications as traffic lights and exit signs. But critics say federal authorities
were too quick to endorse LEDs.
The Department of Energy and the Environmental Protection Agency "put a lot of push into them," said Michael
Siminovitch, director of the California Lighting Technology Center at the University of California at Davis. "I call it a rush."
Siminovitch said the light from early -generation LEDs "really negatively impacts people's physiological well-being."
Lighting is measured by color temperature, which is expressed in "kelvin," or "K." The original LED streetlights had
temperatures of at least 4000K, which produces a bright white light with a high content of unseen blue light.
Now, LEDs are available with lower kelvin ratings and roughly the same energy efficiency as those with higher ratings.
They don't emit as much potentially harmful blue light, and they produce a softer, amber hue.
When 4000K and 500oK LEDs were installed, they drew mixed responses. Police and traffic -safety officials and many
motorists liked them because they created a bright light that sharply illuminated the ground they covered.
But in many places, including New York City and Seattle, residents complained that the bright white light was harsh, even
lurid. People described them as invasive, cold and unflattering.
Even before the AMA warning, some researchers raised health concerns. Some noted that exposure to the blue -rich LED
outdoor lights might decrease people's secretion of the hormone melatonin. Secreted at night, melatonin helps balance the
reproductive, thyroid and adrenal hormones and regulates the body's circadian rhythm of sleeping and waking.
"As a species, we weren't designed to see light at night," Siminovitch said.
Meanwhile, the "dark sky" movement criticizes LEDs as a major contributor to what it calls the `light pollution" that
humans cast into the night sky.
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tome cities are taking another look at LED lighting after AMA wamin... https://www.washingtonpostcom/national/health-science/some-cities-a...
Effect on sleep cycles
In its warning, the AMA cited the melatonin issue, noting that studies have linked bright LEDs to reduced sleep time, poor
sleep quality and impaired daytime functioning.
It referred to evidence that exposure to high-intensity light at night might increase the risk of cancer, diabetes,
cardiovascular disease and obesity. And it cautioned that intense LEDs have been associated with `discomfort and
disability glare," which might impair nighttime vision for drivers.
Finally, the AMA cautioned about the harmful effects of bright LEDs on wildlife, particularly nocturnal animals, birds and
insects.
"These lights aren't just bad for us," said Mario Motta, one of the authors of the AMA report, `they're bad for the
environment, too."
The AMA did commend LEDs for their energy efficiency and effectiveness, but it urged cities to minimize blue -rich outside
lighting and recommended the use of LEDs no brighter than 3000y -
Tony Dorsey, a spokesman with the American Association of State Highway and Transportation officials, said that the
organization's environmental committee is studying the AMA's report but that association members haven't seemed
concerned about the use of 4000K LEDs on roadways.
The Department of Energy said LEDs should be used with `prudence" but praised their overall performance. It said the
AMA had added `another influential voice" to the issue.
Others, including the Lighting Research Center at Rensselaer Polytechnic Institute in Troy, N.Y., said the lights pose less
risk than the AMA suggests. The research center pointed out that the AMA report is based on extended exposure to
high-intensity LEDs and said the blue -light hazard of LEDs "is probably not a concern to the majority of the population in
most lighting applications."
Motta stood by the AMA's concerns about high-intensity LEDs and said there is no downside — either in cost or efficiency
— to choosing a lower -intensity light.
Sleeping in Seattle
Some cities are satisfied with their higher -intensity LED streetlights.
In Seattle, which has installed about 41,000 new lights since 20io, Thomsen, the spokesman for Seattle light, attributed
the early complaints to residents' surprise at the sharp difference in brightness between the old sodium lights and the new
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Some cities are taking another look at LED lighting after AMA warnin... https://www.washingtonpost.com/national/health-science/some-cities-a..:
LEDs.
Light from the new fixtures is comparable to moonlight and provides excellent visual acuity for drivers, Thomsen said.
Police especially like them, he said, because they enable people to distinguish colors at night. "The police say they get
much better witness descriptions," Thomsen said.
Thomsen also noted that even though the Seattle LEDs are rated at 4100K, that is significantly lower than most computer
screens, laptops and televisions.
But Pete Strasser, technical director at the International Dark -Sky Association, said moonlight contains far less blue light
than do high-intensity LED lights.
A little more than a year ago, Gloucester, Mass., was on its way to replacing its sodium streetlights with 4000K LEDs. But
then city planner Matt Coogan began reading about health and environmental warnings. He also had residents sample the
4000K lights against 3000K models.
Next month, the city is expected to finish installing its LEDs, but they will be 300oK rather than 4000K.
Coogan knows the debate over the health risks of LEDs rages on. But he doesn't want to be on the wrong side of history.
"I didn't want to get to or 15 years down the road and find out we had exposed our people to a health risk," Coogan said.
— Stateline
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l
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council
of Iowa City will hold a public hearing on the 4t"
day of October, 2016, at 7:00 p.m. in the Emma
J. Harvat Hall of the Iowa City City Hall, 410 E.
Washington Street, Iowa City, Iowa, or if said
meeting is cancelled, at the next meeting of the
City Council thereafter as posted by the City
Clerk; at which hearing the Council will consider
an Ordinance Renewing and Continuing the
franchise granted to MidAmerican Energy
Company, its successors and assigns, to
acquire, construct, erect, maintain and operate in
the City of Iowa City, a natural gas system to
furnish, deliver and sell natural gas to said city
and its inhabitants for a period of ten years.
Copies of the proposed ordinance are on
file for public examination in the office of the City
Clerk, City Hall, Iowa City, Iowa. Persons wishing
to make their views known for Council
consideration are encouraged to appear at the
above-mentioned time and place.
MARIAN K. KARR, CITY CLERK
Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE RENEWING A CONTINUING THE FRANCHISE GRANTED TO
MIDAMERICAN ENERGY -COMPANY, ITS SUCCESSORS AND ASSIGNS, TO
ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF
IOWA CITY, A NATURAL GAS SYSTEM TO FURNISH, DELIVER AND SELL
NATURAL GAS TO SAID CITY AND ITS INHABITANTS F¢R A PERIOD OF TEN
YEARS. I /
WHEREAS, the current gas franchise with MidAmerican Ep4Lrgy Company ("MidAmerican") was
granted by Ordinance No. 07-4293 with /ecember
ective date of De ember 4, 2007 and is now codified at
Chapter 2, Title 12 of the City Code; and,
WHEREAS, said ordinance embodie terms of t e agreement reached by the City and
MidAmerican in the negotiations precedingoption; and,
WHEREAS, the franchise has a maxi25 year ter as allowed by Iowa law but provides that if
the Council does not adopt a resolution to ue the fir nchise "more than one, but less than two years
prior to the tenth anniversary" the franchiseerminat ; and,
WHEREAS, while said ordinance rea re olution of the Council to continue the franchise,
Section 364.2(4)(a) of the Iowa Code reqhat city hold a public hearing prior to any renewal of a
franchise and that the franchise be reneby n ordinance, and the continuation is in essence a
renewal;
WHEREAS, the franchise will terminatecember 4, 2017 unless Council acts to renew it before
December 4, 2016; and
WHEREAS, it is in the City's best interrenew and continue the franchise.
NOW, THEREFORE, BE ITORDAINETHE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS. Title 2, entitled "Franchises' Chapter 2, entitled "Gas Franchise",
Section 12-2-2, entitled "Franchise Co inuation, Termination" is amended by adding a new subsection
12-2-2(A) as follows:
A. This franchise is rene�ed and continued for a period of ten years until December 4, 2027
SECTION II. REPEALER. AI ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY . If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, suc adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part there f not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIV DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by I .
Passed and approved t is day of 2016.
N
O
MAYOR a
roved by rn �', '
t
ATTESTCLE
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CITCity Attorney's Office;
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