HomeMy WebLinkAbout1993-01-05 Info Packet
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City of Iowa City
MEMORANDUM
DATE: December 18, 1992
TO: Memo for Record
FROM: City Manager
RE: Material Sent to Council Only
Memoranda from the City Manager:
a. Lease - Bus Depot
b. Landfill Annexation
c. Chamber of Commerce Activities
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Copy of memorandum and attachments from the City Manager to the Johnson
County Board of Supervisors regarding Iowa City Comprehensive Water Plan
Activities.
Memorandum from the Director of Planning and Community Development regarding
Cultural/Conference Center Focus Groups. I~
Memorandum from the Superintendent of Solid Waste regarding City Recycling
Program. .,
Memorandum from the Director of the Mayor's Youth Employment Program go
regarding Camp Cardinal.
Copy of letter from Linda Dellsperger to the Manager, Old Capitol Mall, ~I
regarding parking in the Capitol Street Ramp.
Letter from the Iowa Department of Transportation regarding Airport 1;l
Improvement Program Kick-Off meetings.
Copy of letter from the Sioux City Finance Director regarding the State.
imposed property tax freeze. f'3
Copy of letter from Mark and AdalIa Bean, 2 Dunuggan Court, regarding ~y
sanitary sewer line backup.
Minutes of the October 15 and November 19, 1992, meetings of the PATV '6'5
Board of Directors.
Agenda for the December 17 meeting of the Johnson County Board of Directors.
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City of Iowa City
MEMORANDUM
Date: December 15, 1992
To: City Council
From: City Manager
Re: Lease. Bus Depot
The Bus Depot located at 404 E. College Street was purchased by the City of Iowa City with
Parking System Revenue. Since purchase the building has been continuously rented to the local
operator of Greyhound Lines. The last monthly rent was $635. The current operators, H & H '
Properties, entered Into a short term agreement with the City to operate the facility until a long
term agreement could be reached. This agreement was to expire November 30, 1992.
Joe Fowler contacted H & H regarding the negoliatlon of a new lease and was advised that they
would not be leasing the property. They stated that Greyhound wanted the lease In the company
name. Dorothy A. Davis, Greyhound Lines, Dallas TX, was contacted and she confirmed that
Greyhound wished to lease the property. '
Due to the previous tenant's failure to maintain the building and the need to remodel the Interior
to comply with recent ADA requirements, extensive repairs must be made. A quote was obtained
from Selzer.Werderltsch Construction for these repairs, Cost to the City at this time are estimated
at $18,654. This cost does not Include floor replacement which Greyhound has requested.
In Octob(<r these expenses were discussed with Ms, Davis and she was Informed that the City's
rent requirement was $1,200 per month, This monthly rental would allow the City to recover the
cost of repairs, set aside money for future fuel storage tank removal and pay taxes on the
building. Ms. Davis stated that this fee seemed reasonable to her. She stated she would prepare
a lease and submit It to the City for approval.
Ms. Davis was contacted weekly by Joe during the month of November requesting the lease. On
November 30 she was advised that If the City had not received the lease by December 14
negotiations would be conducted with the local operator, On November 18 a letter of extension
was sent to H & H Properties to continue the lease until an agreement with Greyhound could be
reached.
Greyhound's proposed contract arrived December 11, The rental agreement Includes two offers,
$10,510,56 annually for ten years or $9,861.15 annually for five years. These rates are $875,88
per month and $821,76 per month.
We have advised Ms. Davis these annual fees are unacceptable to the City of Iowa City.
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City of Iowa City
MEMORANDUM
Date: December 17, 1992
To: City Council
From: City Manager
Re: Landfill Annexation
The Iowa City Landfill Is located on a 180 acre site In Johnson County approximately one-half
mile west of the existing city limits. The City also owns a ten foot wide permanent leachate force
main easement between the landfill property and the city limits.
The Department of Public Works Is of the opinion that the landfill should be annexed to Iowa City
for the following reasons: In order to maintain control over landfill operations and site expansion;
to establish the best negotiating position with the County and other governmental entities within
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the County (28E Agreements will be required by 1994); to negotiate agreements for landfill use
and solid waste disposal with entities outside Johnson County without County Influence; and to
Independently determine future land uses.
Listed below are additional comments supporting annexation.
1. The landfill site was not rezoned at the time the City purchased the land and began
landfllling operations (see attached 1972 letter). This may present a problem for the City
at some future date, especially if the City desires to expand the landfill site, or If urban
development occurs in the vicinity of the landfill.
2. The County may feel that, since the landflli Is located within their Jurisdiction, they should
be a party to any negotiating with small cities within the County when 28E Agreements
are required. Also, the City must enter Into a 28E Agreement with the County,
3. Iowa City may wish to enter Into agreements with governmental entities outside Johnson
County establishing a regional approach to solid waste disposal. As part of a regional
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entity, Iowa City may find It advantageous to accept solid waste from outside Johnson
County. The County may not look favorably toward such a decision by the City.
4. Any use other than the current use will no doubt require County zoning approval. City
requested zoning changes within the County have not met with support either by County
govemment or County residents adjacent to the property to be rezoned.
We are looking at the options for annexation, which also Include the roadway from the City limits
to the landfill site. I wanted to alert you early on to this work effort, and this appears to be In our
long term best Interests,
co:
Linda Newman Gentry
Karin Franklin
Chuck Schmadeke
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City of Iowa City
MEMORANDUM
DATE: December 17, 1992
TO: City Council
FROM: City Manager
RE: Chamber of Commerce Activities
1. December 29 - Year Ender at Holiday Inn, 3:30 - 5:30 P.M.
2. December 31 - Year Ender at Days Inn - 4:30 P.M.
3. January 29 - Chamber Annual Banquet. Hunter Rawlin9s will
be the speaker.
cc: Department Directors
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City of Iowa City
MEMORANDUM
Date: December 17, 1992
To: County Board of Supervisors
From: Chuck Schmadeke, Director, Public Works
Stephen J. Atkins, City Manager
Re: Iowa City Comprehensive Water Plan Activities
EPA MANDATE
The Safe Drinklng Water Act directs the U.S. Environmental Protection Agency (EPA) to establish
minimum national drinking water standards. These standards set limits on the amounts of various
substances sometimes found in drinking water. The City of Iowa City as a municipal supplier of
water is subject to this law.
In 1986, Congress passed amendments that expanded the protection to be provided by the Safe
Drinking Water Act of 1974. These amendments accelerated EPA's regulation of contaminants
and streamlined enforcement procedures to ensure that suppliers comply with the Act. The
amendments gave EPA three years to set standards for 83 contaminants, Including 26 for which
the Agency had already set enforceable Maximum Contaminant Levels (MCLs). In addition, EPA
was to set MCLs for at least 25 more contaminants by 1991 and regulate an additional 25 every
three years thereafter. The amendments to the Act also authorized EPA to file civil suits or Issue
administrative orders against ~ubllc water systems In violation. Maximum civlt penalties are now
$25,000 per day of violation.
From 1986 to the present the EPA has been studying and prioritizing the contaminants of concern
In drinking water. Laws are now being passed to the States to enforce on the public water
suppliers. In some cases this has meant more monitoring at more frequentlnlervals, in others
It has meant the creation of new standards, more stringent monitoring and levels of existing
standards, and increased public notification requirements.
DEPT. OF PUBLIC WORKS RESPONSE TO MANDATE
In response to the effects these new laws would have on the City's water supply, and the need
to plan for the City's growth the Department of Public Works began preparation of a plan for the
future. This planning began In the spring of 1990, The last major expansion at the water plant
occurred in 1972.
An outline of a scope of services was prepared by the Water Division to create a Comprehensive
Water Plan for the Iowa City waler system. The scope Included studying the existing faclllly with
respect to water quality and quantity, reliability and emergency planning, other water resources
and treatment options, economic considerations and non-structural solutions. The goal was to
create a comprehensive water quality management plan that would Identify the improvement
options that would ensure meeting the new water quality standards as well as quantity needs for
the future. The DNR was apprised of the planning and concurred with the scope of the study.
Howard R. Green Engineering (HRG) was chosen to help create the plan in the summer of 1990.
The City Council approved a contract with HRG on July 31, 1990,
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TECHNICAL PLANNING GROUP
In the winter of 1990 meetings were held with an informal technical planning group. This group
consisted of approximately 15 individuals with varying backgrounds ranging from indus-
try/commercial, to health officials/educators, to average consumers. This group was asked to
assist the City to Identify Issues and priorities for action In the Comprehensive Water Plan.
COMPREHENSIVE WATER PLAN
In April of 1991 the Comprehensive Water Plan document was presented to the City Council. The
Plan Included three basic charges 1) to ensure compliance with current and proposed drinking
water standards, 2) to provide water that Is aesthetically and environmentally acceptable to the
general population of Iowa City, and 3) to determine the Improvements necessary to supply Iowa
City's water needs through the year 2030 and Into the future.
Some of the major conclusions and recommendations Included:
If the existing water treatment plant was to be utilized major renovation was recommend-
ed, with the addition of lime softening, ozonatlon, granular activated carbon filtration, and
solids handling facilities.
The projected average day water demand for the year 2030 Is 10,5 (millions of gallons per
day) mgd. The projected peak day demand Is 15.5 mgd.
The existing plant could be upgraded to have a maximum capacity of 6.8 mgd. The oldest
part of the plant would be demolished. The plant involves remnants of the original plant
.from 1882, to the newest portion built In 1963 and renovated In 1972. This plant site could
not supply 100% of the projected water demands.
Existing Information Indicated the presence of alluvial and burled channel aquifers south
of Iowa City. Thorough groundwater Investigation studies to determine capabilities of the
alluvial and burled channel aquifers south of Iowa City should be conducted.
If groundwater Investigations Indicate that the groundwater aquifers can supply 100 % of
the City's needs, then the existing surface (river) water plant could be abandoned,
The preliminary cost estimate for a new water supply system using either the Alluvial or Burled
Channel water or a combination of the two Is approximately $16 million. The preliminary cost
estimate for renovation of the existing surface water treatment plant and construction of a new
groundwater treatment plant to supply a portion of the City's drinking water needs Is approximate-
ly $16 million. The preliminary cost estimate of constructlo~ of new surface water treatment plant
at a different location Is approximately $25 to $35 million.
The Plan Included study of several known raw water sources and recommended further
Investigation of two others, an Alluvial aquifer and a Buried Channel aquifer. Information from the
Iowa Geologic Bureau Identified the possible existence and location 01 those two aquifers
approximately 5 to 10 miles south and east of the City limits. The following Is a brief summary
of sources:
Surface water at the eXisting Iowa River Intake. The quantity Is sufficient for future
use. However, the quality of treated water with the current plant Is quite variable.
Maximum contaminant levels for heallh related parameters (nllrates, TTHM,
pesticides) are exceeded at times depending on river flow, season, and preclplta.
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tlon. The current plant site Is not large enough to construct treatment units to
provide desired water quality for 100% of the city's future needs; however, the site
is adequate to construct treatment units to provide desired water quality for about
1/2 of the city's future needs.
Gruundwater from the Jordan Aquifer. The quantity may be sufficient for future
use, although the concentration of radium, sulfates, and total solids may make this
water undesirable.
Groundwater from the Silurian/Devonian Aquifer. The quality Is acceptable
northeast and east of Iowa City but the quantity Is not adequate to meet the city's
current or future needs.
Groundwater from the alluvial aquifer southeast of Iowa City (70 . 110 feet deep).
The quality Is acceptable with the exception of iron concentrations. Use of this
aquifer would require construction of an Iron removal water treatment plant. The
existing geologic and hydrologic data Indicate there may be a quantity sufficient
to obtain one-third to one-half of the city's future needs; however, further study Is
needed to verify both the quantity and quality.
Groundwater from a burled channel aquifer southwest of Hills (175 . 275 feet
deep). Quality Is believed to be good with the exception of Iron concentrations.
Again construction of an Iron removal treatment plant would be required. In
addition, the existing geologic and hydraulic data are not well know for this aquifer.
It Is believed this aquifer has the potential to supply a high percentage of the city's
future needs, but further study is needed to verify the water quantity and quality.
A copy of the Plan was submitted to the DNR for review and approval. The responding letter
from the DNR Is attached.
In April 1991 the City Council approved an Addendum to the Initial contract with HRG to
Investigate the existence and potential of the two aquifers as possible sources for water for the
City.
INITIAL COMMUNICATION WITH COUNTY/LANDOWNERS
In Ma~ 1991 approximately 250 letters were sent to the landowners and residences In the areas
Identified for Investigation. The letter Introduced the Plan and more specifically the Investigation
the City was to undertake of the two aquifers. (Appendix 1)
In May 1991 Mayor John McDonald sent a letter to Betty Ockenfels, Chair of the Johnson County
Board of Supervisors, requesting approval to use County road right-of way to perform the aquifer
Investigations.
In May 1991 a meeting was held with the Johnson County Board of Supervisors. An overview
of the Plan was presented and the proposal to Investigate the two a4ulfers In the County. Notes
of the meeting are attached (Appendix 2)
The County's response to the request to use road right-of-way was a decline because of concerns
for security, liability, and potential contamination.
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GEOPHYSICAL INVESTIGATION DECISION
In July 1991 HRG contracted to drill the monitoring wells and test well that would be necessary
for the aquifer Investigation. The Layne-Western jlrm was chosen because of cost and expertise
In th~ soli sampling necessary to create a model of the underground aquifers.
In July t 991 a public hearing was held during a City Council meeting. The Council was asked
to authorize the acquisition of certain permanent sampling well easements, construction
easements, and permanent access easements to obtain Information about the two aquifers.
Concerns were voiced by county residents about water rights, domestic well Interference and
communication. The Council passed the resolution.
R.E. Wright, a groundwater engineering consultant with expertise In geophysical Investigation
techniques, was subcontracted by HRG to assist the City In Investigation of the aquifers. The
goal was to obtain as much Information as possible about the aquifers without drilling monitoring
wells and to create a model that would later be calibrated with actual monitoring well data.
In August 1991, a monitoring well easement agreement was created by tho City Attorney that we
felt addressed the concerns voiced by the County residents. (Appendix 5)
CONTINUED COMMUNICATION
Throughout the summer communication and conversations, either in person, on the phone or
through the mall, occurred between City staff and HRG staff and county residents. A packet of
information about well Interference, water rights, and the City's commitment to work with the land
owners concerning their water supplies was distributed with each visit (see Appendix 4), Copies
of this packet were sent to the Johnson County Board of Supervisors.
In October 1991 a decision was made to concentrate efforts on the Burled Channel aquifer,
Concerns about wetlands development In the area of the Alluvial aquifer as well as the greater
potential of the Burled Channel were part of this decision.
GEOPHYSICAL INVESTIGATION. RESULTS
In October 1991 R.E. Wright technicians, and HRG engineers and surveyors began the first stage
of the geophysical surveys. A letter was sent to Doug Frederick, P ,E., Johnson County Engineer,
notifying him of this activity.
In November 1991 R.E. Wright technicians, and HRG engineers and surveyors began the second
stage of the geophysical survoys. Again, a letter was sent to Mr. Frederick.
In November 1991 a letter was sent to the DNR with an update on the project and a revised
schedule.
In the Spring of 1992 the City received a report of the results of the geophysical survey from
HRG. The report Identified the suspected location and area of the Burled Channel aquifer. In
addition, It pinpointed areas where It would be beneficial to place monitoring wells based on the
potential of finding representative results. Five locations were Identified, (see Appendix 3)
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EASEMENT NEGOTIATIONS
In June of 1992 the Department of Public Wcrks staff began conversations with the landowners
around the five sites Identified in the geophysical study. Introduction and explanation of the
project was presented. Later requests were made to sign monitoring well easements.
In the summer of 1992 two monitoring well easements were signed.
By the end of the Summer of 1992 It was clear that the other three landowners would not
negotiate an easement. The sample sites are numbered In accordance to Importance to the
Investigation results.
In August 1992 the City Council was updated on the status of the Investigation and notified that
the three landowners would be sent a letter with a copy of the easement agreement. We were
to Initiate condemnation proceedings if unable to negotiate.
On September 25, 1992, a letter was sent to the three landowners with a formal offer to purchase
eaement agreements with a deadline of October 5, 1992, or we would initiate condemnation
proceedings.
On Oct. 1S, 1992 a letter was sent to the three landowners notifying them that condemnation
proceedings were being Initiated and that an appraisal firm had been retained.
On Nov. 19, 1992 a meeting was held with HRG staff, City staff and the Iowa Geological Bureau
to align on possible outcomes of the study, update the schedule and communication strategies.
On Dec. 1, 1992 a letter was sent to the three landowners notifying them of the results of the
appraisal. In all three letters an offer of negotiating a mutually acceptable agreement In lieu of
condemnation was requested.
LAND RESTRICTION CONCERNS
Recently voiced concerns by county residents center around land use restrictions. This concern
appears to come from possible restrictions on chemical usage and manure spreading should a
well field be developed In this area. A voluntary program In the State of Iowa addresses these
concerns in what Is called the Well Head Protection Program. Currently It Is proposed that an
area of 1/2 mile will have to be protected around each well head to prevent contamination of the
groundwater. This would Include such uses as landfills, feed lots and possibly chemical
applications. The monitoring wells that are being proposed do not have a required area of
protection. The Installation of a test well, which Is possible and following the compilation of the
monitoring well data could Initially need anywhere from 5 feet to 1000 feet area free of
contaminant sources In accordance with DNR regulations. Should the City develop a well field
a Well Head Protection Program would be advisable. Representatives of the City will attend a
conference on Friday, December 18 at which time well head protection will be explained.
Following this conference we can provide you more Information, (See Appendix S for Information
on Well Head Protection.)
SCHEDULE
Due to the delays in our schedule the City will be required to perform public notification for
contaminants that will be enforced by DNRlEPA In the nextS months, These Include the turbidity
standard, disinfection requirements, and possibly alachlor and atrazlne, Additional enforceable
contaminants can be expected from the Slate In the next year.
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Hopefully this Information will be helpful to you. As I mentioned In my call to Charlie Duffy, we
would appreciate receiving questions/concerns In a written form, so we can prepare more detailed
response. Also, If a small working committee can be formed of those area residents who have
approached you, that too can help facilitate Information distribution. We will walt to hear from you
if you are so Interested.
This report also contains attached Information prepared by our City Attomey. This may be helpful
to Pat White as he performs his research In order to advise you.
cc: City Council
Ed,Moreno
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Charles Schmadeke, Director of Public Works c.-
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DEPARTMENT OF NATURAL RESOURCES
LARRY J. WILSON,uIRECTOR.
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TERRY E. BRANSTAD, GOVERNOR
June 23, 1992
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IOWA CITY WATER DEPARTMENT
410 E. WASHINGTON STREET
IOWA CITY, IA 52240
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RE: Engineering Report Approval
Water Supply Project .'W92-052
Gentlemen:
We have completed our review of the preliminary engineering report for the above ref-
erenced project. We are in general agreement with the concepts, conclusions and rec-
ommendations contained ir this report.
However we would like to offer the following comments:
1. The surface water treatment rules become effective on June 29, 1993. It does not
appear as though your facility will be in compliance with these rules from not only
the "CT" requirement but also your facility may have problems meeting the new
turbidity standards. Approval of this report should not be considered as the granting
of a variance or a time extension for compliance with this new rule.
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2. We have not made any attempt to verify that the "MCL's" listed in the report are
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necessarily accurate or complete. As a relult of the EPA rule adoption procedures, it
is necessary that the utility remain current with respect to the chemicalR being reg-
ulated. However, we would like to draw your attention to two MCL's that were incor-
rectly listed. These are the new turbidity standard which will be 0.5 NTU 95\ of the
time and the lead action level is 0.015 mg/l. In addition, it now appears as though
sulfates will not be included in the new Phase V rules. Sulfates may however be regu-
lated at a future date.
3. Approval of this report does not constitute an approval to use nor an endorsement
of any specific aquifer as a groundwater source. It will be necessary for the city to
demonstrate that the aquifer of choice has an sdaquate capacity to meet the needs of
the city without causing material damage to unregulated users.
WA~~ACE STATE OFFICE BUILDING I DES MOINES, IOWA S0319/515.20I.5145/ TOO 515.242.5967 I rAX 515.281-, 7
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In accordance with the rules of this Department, plans and specifications for the
proposed facility must be submitted for review and Issuance of a construction permit
prior to construction of such facilities. The plans and specifications should be in
concurrence with the preliminary engineering report as accepted. Any deviation from
the facility design as outlined In the engineering report must be identified and ac-
companied by an explanation detailing the reasons for modification.
Contact Roy G. Ney, P.E. at 515/281-8945 with any questions or comments.
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ROY 1. NEY, P.E!
WATER SUPPLY SECTION
C(.. HOWARD R. GREEN CO., DES MOINES, IOWA
Field office: 6 Washington
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CITY OF IOWA CITY
May 22, 1991
Re: Iowa City Water Supply
Dear Property Owner:
The Iowa City Water Division is in the process of long range planning for supply and treatment
of water for municipal use. Preliminary investigations indicate the presence of geologic
formation favorable for water well development at two locations in Johnson County.
Attached is a map showing two areas where conditions are favorable for development of a
municipal well field. The larger of the two areas is located southeast of the industrial park and
is about 8 to 10 square miles in area. The second area is south of Hills and is about 3 to 4
square miles in area.
The City Council has authorized additional detailed investigations to determine the ultimate
potential of these two potential well fields. These investigations will be conducted on behalf
of the City of Iowa City by Howard R. Green Company (HRG) or by others under HRG's
direction. The investigations will include gathering information on existing wells in the areas,
establishing survey datum (benchmarks), conducting borings, conducting geophysical tests
and finally the construction of test wells for extended pumping tests.
These investigations will take place this summer and fall arid be completed later in 1992.
Much, but not all, work will take place on the County right-of-way. Some of the work will
be conducted on private property. HRG personnel will not enter private property without
permission from the owner and/or tenant. If your property is one where access is needed to
,conduct these investigations, a representative of the City and HRG will contarot you.
At the time of these contacts, the representatives will answer your questions regarding the
purpose and extent of the investigation. Also attached is a description of the work involved
in the water well investigation. '
We will keep you informed regarding our'progress with these investigations and thank you in
advance for your assistance and cooperation. If you have questions, please feel free to call
Edward Brinton, Iowa City Water Superintendent, at 356-5160.
Sincerely,
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Charles Schmadeke
Public Works Directpr
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enclosure
CIVIC CENTER. 410 E. WASHINOTON ST.
IOWA CITY IOWA J2140dIU
PIlONE (J 191 1J6,JOOO
FAX lJ 191 JJ6.U09
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NARRATIVE WORK PLAN
WELL FIELD INVESTIGATIONS
, IOWA CITY; IOWA
The Comprehensive Water Supply Plan prepared In 1990-91 reviewed the sources of water
available to the City of Iowa City. Based on existing Information available through several sources,
the Plan recommends extensive Investigation of two potential well fields. The geclJglc formations
present In these two locations are favorable for water well development.
Attached Is a map showing the two areas of study. The larger of the two areas Is located southeast
of the Industrial park and Is about 8 to 10 square miles in area. This area will be referred to as
the 'alluvial well field', The second Is south of Hills and Is about 3 to 4 square miles In area. This
area will be referred to as the 'burled channel well field', The Investigation and study of these
two areas will proceed concurrently and conclude In 1992.
The Initial phase of the Investigation In both areas will Include slle investigations to locate all
residences, farmsteads, existing wells, septic tanks and other sources of contamination. Surveys
will be conducted to establish the location and elevation of the existing wells, new test holes and
control points. A computer data base will be assembled from existing well Information showing
critical geologic and water quality Information. The Initial phase will also Include Identification of
property owners and negotiation for access to private property for the remainder of the Investiga-
tions.
In the next phase of the Investigation, a driller will be selected based on experience In this type
of work, and knowledge of the geology and water resources In the study areas. This driller will
be utilized for several tasks throughout the Investigation. '
Once the driller Is selected, several6.lnch holes will be drilled In the alluvial well field. Plastic pipes
will be Installed formonltorlng and sampling groundwater. 5011 samples will be collected from each
hole and analyzed for size of the sand, gravel and soli. At each hole the workers will Insert special
tools to conduct seismic (sound) arid electrical resistivity tests. These tests will be used to obtain
preliminary data on the water-producing capability of the well field. The data base will then be
updated with the new Information obtal~ed from the drilling and geophysical testing program.
In the burled channel area another form of geophysical testing will be used on the ground surface
to minimize the amount of drilling expenso. GeqphyslcaJ lesting is conducted by Imparting a sonic
wave or an electric Impulse In the soli and measuring the wave or Impulse at a remote location.
This testing Is less costiy than drilling and does not disturb private property. The results Include
Information on the depth to bedrock, water levels and saturated sand and gravel thickness. The
computer data base will be revised to Incorporate the Information obtained In the geophysical
testing. .
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The final phase of the Investigation includes the construcllon of a test well In each proposed well
field. The two test wells will be designed and constructed in accordance with the Iowa Department
of Natural Resources standards. Each well should have the same capacity aD a final producllon
well in each well field. Additional monitoring wells (borings) will be Installed In the area around
the test well to observe the water levels during the pumping tests. The two wells will be pumped
for several days with data collected and analyzed to determine the long term effect on groundwater
levels. Either test well may be used In future years development by equipping It with a permanent
pump, valves, electrical power and connecllng pIping. The test pumping data will supplement the
data collected In prior phases of the Investigation.
Following field data collection all Information will be analyzed and presented In a typewritten report.
The report will Include recommendations on the extent of well field development possible at each
location. It will also Include a pre-preliminary design of wells, water transmission pipes and water
treatment facilities. An estimate of probable construction cost and schedule will also be provided.
The exact nature of each phase of this Investigation Is dependent on Information gathered In
previous phases. The result Is a lengthy Investigation. The project schedule calls for completion
of all phases of the Investigation In October, 1992.
May 15, 1991
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JOH~SON COUNTY AUDITOP TEL:319-356-6086
Jun 03,91
9:12 No.001 F.02
~ rp~\'~ A: \, (.
MINUTES OF THE INFORMAL MEETING
ON THE IOWA CITY COMPREHENSIVE WATER PLTIN:
May 30, 1991
Chairperson Ockenfels called the meeting to order at'2 p.m.
Supervisors present were Betty Ockenfels and Stephen Lacina.
Others in attendance were Ed Brinton, Iowa City Water
Superintendent; Ed Moreno, Assistant Water Superintendent; Chuck
SChrnadeke, Iowa city Director. of PUblic Works; Ben Johnson,
Zoning Administrator; RiCk Dvorak, Assistant Zoning
Administrator; Joe Bolckom, County Health Department; Kat Flora,
Health Department; Tim Thompson, DNR Wildlife Biologist; Wayne
Peterson, Soil Conservation Service; Doug Frederick, County
Engineer; Ralph Russell, Howard R. Green Company; Rich Block,
Howard R. Green Company.
Russell said more than a year ago he became involved with
the Iowa City Water Department as a consulting engineer. His
company did a comprehensive water study, looking at the supply,
the source of the supply, treatment and waste disposal. The
study investigated what could be done with existing source to
imprcve water quality and quantity.
The current water source is the Iowa River behind the
University of Iowa. The stUdy examined the quality of water in
the river at other points upstream: where Clea~ Creek comes in,
where Rapid Creek Comes in and at the Reservoir. '
The stUdy then looked at groundwater as an alternative
Source. He described available groundwater SOurces. Alluvial, or
sand and gravel, wells are widsly used in Johnson County. They
are shallow (10-200 feet below the surface) and the well consists
of sand points driven in and screened. Bedrock wella range in
depth from near the surface to more than 250 feet below. The two
aquifers tapped most iri this area are the Silurian and Devonian.
Wells in bedrock are encased. These are used commonly in the
area in agriCUlture, by the University and ,private residencos.
The Jordan rormation is very deep -- from 500 to 2000 fset
underground. The city has a well in the Jordan aquifer at the
treatment facility to supplement surface water supply when
needed.
Evaluating quality, quantity and costs of treatment (for
aesthetic standards as well as EPA and DNR regUlations) led
consultants to some conclusions. First, the quality of the Iowa'
River water is not very gOOd. Though there are Borne places
upstream better for intake now, the water still has nitrates and
is SUbject to spills on the interstate, agricultural chemicals
and other potential problems
Second,' the two shallow bedrOCk sources are pumped heavily
in this area, such that a cone of depression has resulted in and
77
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JOH~50N COUNTY AUDITOR TEL:319-356-6086
Jun 03,91
9:13 No.OOI P,03
Water Meeting Minutes: May 30, 1991 I page 2
around'Iowa city. There is no longer enough water in those
sources to significantlY supply Iowa city.
Third, water quantity in the Jordan Aquifer is high, but
quality is a problem. Lacina asked what made the quality a
problem; RUesell said sulfates. Lacina asked if it gave off an
odor; Brinton said yes and added the ferrous sulfate turns the
water black in some areas.
Reaching those conclusions, Russell said, . the study turned
its focus toward sand and gravel water sources. Experts from the
U.S. and Iowa Geological Survey and well drillers'were consulted.
From existing information, investi9~tors found two are~s that
showed promise for tleveloping and warranted further study. The
larger of the two areas is located southeast of the industrial
park in rowa City and is about eight to 10 square miles in area.
It is an alluvial well field, 85-120 feet deep. The second area
is south of Hills and is about three to four square miles in
area. It is a buried channel, 200-275 feet deep. The water
quality and supply seems good for both.
Bolckom asked Why water upstream in the Iowa River was of
better quality. Russell said it was better upstream from the
tributaries and in the Reservoir. Some tests of Clear Creek
showed nitrates were well above the health advisory limits, he
said.
Dvorak asked if the city'S intent was to eliminate the Iowa
River as its water supply source. Russell said no, the city was
just lOOking at other sources, examining ways improve quality,
meet future regulations. He said it will be difficult in the
next 30 years to meet increasing demands for quality and quantity
of water while meeting more ~tringent federal and state
regulations. Economics will playa part in what happens in the
future, he said.
Lacina asked if the'city's study took into consideration
reduction of nitrates and other chemicals in the water because of
the reduction of use of Atrazine and nitrogen-based farm
chemicals. Russell said that was accounted for, but said that
was vary SUbjective; it's hard to predict how much chemical use
will change in the next 30 years.
Briton aaid naturally-occurring oompounds Were as much a
problem as the man-made ones. THM, for example, composed of
chlorines and naturaUy-occurring organic matsrials, is a know
carcinogen, the acceptable amounts of which the EPA will soon be
regulating.
Russell said the .next phase of the study is to determine
what water in those areas is available, how much can be withdrawn
without detrimentally affecting the others now using it and the
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JOHNSON COUNTY AUDITOR TEL:31~-356-6086
Jun 03,91
3:13 No.OOl P,04
Water Meeting Minutes; May 30, 1991 / page 3
costs. 'That will involve going out into the areas to do testand
drill. First, information about eXisting wells will be obtained
and non-penetrating tests (seismic and electrical) tests will be
performed. Then, borings will be put down and two-inch plastic
pipes installed to make monitoring wells. Finally, full-wells
of permanent size and construction will be built in each area.
Those will be pumped at large amounts for long periods of time
(400 to 1,000 gallons per minute for a week) to watch what
happens to water levels. 'The study would last about a Y9ar and a,
half, Russell said.
Ockenfels asked if property owners in the area had, been
cooperative. 'Russell said only minimal contact had been made.
There has been mixed reaction, but generally, he's finding a
sense of cooperation. Most people understandably want to know
how this will affect their own wells, he said. In response to a
question from Ockenfels, Russell said no land is being acquired
now for well sites; that will happen in spring 1992.
If the well system is developed, Russell said, the water
produced would need SOme treatment: mineral removal and
SOftening. The city would need to find a place for a treatment
plant; it could possibly be built near the current sewage
treatment facility.
Brinton said pipe lines, access roads and electricity would
be needed in the areas chosen for well sites. Russell said the
ideal site would be near an existing county road.
Lacina asked if the oity has briefed the Johnson County
Council of Government~ about the water study and plan; Russell
said no. Laoina asked how the Hills water system would be
affected. Ockenfels said Hills doesn't have a system; evaryone
Uses sand point wells.
Brinton noted the well water that will be stUdied 'is already
known to be high quality water and low in nitrates. Toward the.
Iowa River, the water quality deteriorates.
In response to questions from Lacina, Russell said the wells
would be 30 to BO feet deep on the larger well field and 250 to
275 feet deep on the smaller risld; the recharqe source for the
larger would be SUrface water and beneath the smaller field there
is a series of interconnecting ohannels, some horizontal, that
will recharge.. '
In response to a question from Lacina, Russell said quality
was the primary concern about Water from the Jordan aquifer.
Lacina asked how often the Jordan is used now; Brinton said it is
used almost constantly when the nitrate content of water from the
Iowa River is a problem. Moreno said lately, the Jordan is Used
more often than not. Brinton said the major consumer complaint
77
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~:14 NO.OOl P.05
Water Meeting Minutes: May 30, 1991 / page 4
about water from the Jordan formation is the high mineral
content.
Ockenfels wondered if Hills would be interested in using
water from potential wells in their area; Russell said it was a
good question and should be investigated. Brinton said smaller
communities will soon be more affected by state and federal
guidelines on water. '
Lacina encouraged the city to work closely with JCCOG and
the University to make sure there is no duplication of efforts or
usurping of resources. Russell said he haebeen in close contact
with the University.
Russell said area property OWners have been identified and
200 letters have been sent out informing them about the city'S
study and plans. Initial telephone contact is being made to
inquire about existing wells. The approach being taken is very
open, he said. In the fall, permission will be sought to drill
in some areas. .
Ockenfels asked where calls from residents concerned about
what's going should be directed; Russell said to the city water
department or to Howard R. Green Company in Cedar Rapids.
Schmadeke gave the county a copy of the comprehensive water study
to read.'
Thompson asked if legislators have been approached to
discuss ways to improve the existing source of water. Moreno
said the timing for that is off: efforts made to clean up the
river would not move as swiftly as federal regulations.
Bolckom said it sounded as if the Iowa River is not regarded
as an acceptable' source of drinking water and asked what could be
done. Brinton said the main issue affecting the Iowa River --
nitrates .- is too narrow to attract much broad-based interest.
The only areas affected are Iowa City and Des Moines. '
Lacina asked what was being done in terms of water
conservation. Brinton said water quantity has not baen a serious
problem in this area, but the city does have a low-key atate-
mandated conservation plan. Conservation information files are
maintained by the city for those intereeted.
In response to a question from Ockenfele, Russell estimated
costs for the project for everything over the naxt 10 years at
$15 million.
Thompson asked how the project would affect the proposed
wetland/marsh in the area of the larger,well field. Russell said
he didn't know how the two proposed projects would affect each
other. Peterson said,they may work well tog other because a mare~
77
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JOH~~ON COUNTY AUDITOR TEL:319-356-6086
JUIl 03.91
9:15 No.OOl P,06
Water Meeting Minutes: May 30, 1991 I page S
can be used to treat waste water. Russell said in terms of public
perception, the two are not compatible; people are not ready to
treat effluent and obtain drin~in9 water from the same place. '
Ockenfels thanked Russell and the city officials for making
their presentation.
Adjourned at 2:54 p,m.
Betty Ockenfels, Chair, Board of supervisors
Attest: Torn Slockett, AUditor
By Edward Brunner, Deputy
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IOWA CllY, I\II~ ww. f1IIll S1WI'
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City of Iowa City
MEMORANDUM
Date: August 28, 1991
To: The Honorable John McDonald and Members of the City Council
, \...-/.
From: Unda Newman Gently, City Attorney r' ~
Re: Outline of Regulatlons Concerning Well'lnterferen~--' "
As requested this outline will serve as a summary of Iowa law, state code and DNR regulations
concerning possible well.interference problems arising from the City's Comprehensive Water
Supply Plan.
Department 01 Natural Resources has Jurlsdlcllon over all public and private waters In the
State 01 Iowa.
Before drawing water from the areas proposed In the comprehensive water plan, the City
01 Iowa City must request a permit from the DNR, which Investigates the following:
effect of use on natural flow in the area;
effect on landowners to be affected by water withdrawal;
effect on existing users;
whether the proposed use Is a beneficial use.
whether the affected well Is a nonregulated well (less than 25,000 gallons used dally)
whether the proposed use will "unreasonably Impair the long term availability 01
water from a surface or ground water source In terms 01 quantity or quality."
If complaint of well.lnterference Is flied, DNR Investigates. Invesllgatlon by DNR will
Include:
. Owner claiming well.interference ('Complainant') must have a registered well driller
inspect affected well(s) and fill out DNR Form 122: Water Well Inspection Report.
. DNR may order both City and Complainant to have registered well drillers and/or
professional engineers do Inspections of existing wells and perform lest'pumping of wells and
test-pumping of aquifer. These tests must be approved by DNR. Inspections must be reported
on Form 122: Water Well Inspection Report, see attached.
. DNA and well-drillers follow DNA Technical Bulletin No. 23 to perform tests. ,This Is a
technical document that Is understandable to the professionals.
77
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. If tests show well.interference is vert fled, which Is a question to be answered only by
the DNA, then the applicant for a permit (City) must make a notarized offer to Complainant which
may include:
. constructing new well
. repairing or rejuvenating old well
. pay compensation for this work, if Complainant chooses to do work
. rerform other remedial measures DNA thinks appropriate
_ offer to withdraw a smaller quantity or rate of water
_ provide temporary water supply until mailer settled
. Complainant has 15 days to accept offer, or may counteroffer. My offer or counteroffer
must include itemized cost estimates of needed improvements by a registered well driller or
professional engineer. .
.If DNA finds City's offer acceptable, DNA gives Complainant 15 more days to reconsider.
If Complainant stili refuses offer, DNA dismisses Complaint. Complainant can appeal to the DNA
Director, then to district court.
. If DNA finds applicant/City's offer not acceptable, City has 15 days to correct to DNA's
satisfaction. If City refuses, DNA decides compensation level and/or other remedial measures.
DNA may also restrict, deny or revoke pennit, or may condition permit on other measures
including monitoring. City may appeal DNA's decision.
NOTE: Complainant Is not entitled to compensation unless Complainant and City
have attempted to settle their well-Interference dispute In good faith. Only then, after DNR
finds well. interference to be verlfled. does Complainant's costs become compensable or
reimbursable by City. For this reason, Complainant and City must negotiate a settlement
before DNR steps In to decide compensatlon and other remedial measures.
While this Investigation process moves forward, City may provide interim water supply to
Complalnan~ but this must be approved by DNR.
Compensation Is available to Complainant with verlfled well-interference claim for:
. repairs to old well, construction of new well(s), Interim water supply, and other remedial
measures If costs are certified by well driller or professional engineer.
. test-pumping of well and well inspection, If done by well drtller and Form 122 : Water
Well Inspection Report properly filled out
Even If well.lnterference verified, compenS!ltlon Is not available for:
costs required to bring well 'up to standard,' if below standard prior to well-Interference.
costs for work requested to upgrade water supply.
legal fees.
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operation and maintenance costs of water supply system.
rejuvenation other than a one-time rejuvenation.
costs of hauling water or going to laundromat, unless permittee/City refuses to obey
DNR emergency order.
Verification of well-Interference will occur only If DNR flnds all of the following exist:
failed or interlered well Is a nonregulated well (less than 25,000 gaVday)
well inspection shows no mechanical or structural reason exists for well failure.
permitted use (City use) Identified as an apparent cause of well interlerence.
nonregulated well was In use prior to permitted use (City's use or proposed use).
suspect permittee and complainant draw water from same aquifer or source likely to
be in close,hydraullc connection. .
suspect permittee (City) was withdrawing water during p,eriod when welllnterlerence
was claimed.
.' welllnterlerence Is reasonably possible with known conditions (e.g. pumping rates,
separation distances, aquifer properties, and relative water levels).
other obvious causes of water level decline are not apparent.
NOTE: The Iowa legislature has declared these procedures to be the exclusive process
or remedy for resolving well-Interference disputes. Complainants must follow these
procedures In order to be entitled to compensation and remedial measures such as well
Improvements.
In summary, if well-Interlerence Is verified by DNA to show City's use or proposed use has or will
cause well failure or well-Interference, and the pariles have tried In good faith to reach a
settlement, the well owners and landowners are protected as follows:
Interim supply of water while claim being Investigated
permanent supply of quality water, to level of prior customary and beneficial use
compensation for costs of well Improvements.
if settlement Is reached and later or subsequent well-Interlerence Is proven,
landowner Is entltied to additional compensation greater than original settlement.
DNA will look at worst case scenario In deciding or reviewing compensation levels.
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Since much of the Information needed to prove well.lnterference will depend on accurate
Information on existing wells, It Is to the benefit of the potentially affected well owners
and/or landowners to either get good records or to maintaIn good records on well
construction, pumping rates, quality and quantity. All welllnspecllons are to be filled out
by a registered well driller on DNR Form 122: Water Welllnspecllon Report.
References for these rules are found In Sections 4558.261 . 4558.291, Part 4 Water Allocation
and Use, Code of Iowa (1991); Iowa Administrative Code Rules 567.Chaplers 49, 50,51,52,53
and 54; and Technical 8ulletln No. 23. lAC Rule 567.54 Is the heart of the 'Compensation for
Well. Interference' rules.
cadatallegal\cutlwa
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IOWA DEPARTMENT OF NATURAL RESOURCES
WA TI!FI RIliIHTS
FROQRAM
PART A
H.III!
WATER WELL INSF!CTION REPOAT
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PART II
HAle " ClIIlPAHY IIHIC1f DRll.l.m Wl!Ll,
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PIlei In 'X' an thl .tt.ch.~ ..~ aho.1n; the
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PART 0
HI!I.l, aKNER CR AOI!NT
COMMENT 1~..crSb. alChod a1 In'~'C~lanJ
CCMHeNT l~"crlb' ..thed Qt 1nlDlctlon)
C~ENT ldl.crlb. .Ithed at 1n.p,otiC")
CCMH!NT Id.lcrlb. ..thod at 1nlPletlanl
I DATa
O%gNATUA!!O
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I DATE
ONR fonn 122 (Oct 87 )
542-3275
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21 Su,pecte~ CIU.. 01 the Pl'ob1e.
31 Put wIll PI'obleme? - !.xpllln ~
JI Hive YOU cOl'I"ctld the Pl'ob11.? _ !.xp1.1n
81 How do you t,e1 thl. Pl'ob1e. cen b. 1.11'1y I'elolvl~?
8) Hive YOU COlll\lll1ne~ be10l"?
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101 It Itor,g, prOVldlci? _ It YU, dUCI'lb. th. tYPI Ind volum. at Itorlgl.
Ul Attach I copy 0' thl pump p"rtor,"c" curvo, It IVllllbll
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City of Iowa City
MEMORANDUM
Date: August 27, 1991
To: The Honorable John McDonald and Members of the City Council
From: Unda Newman Gentry, City Attorney
Re: Iowa City's Comprehensive Water Plan and Undergroun
This memo provides background information on the City's comprehensive water plan and
underground water rights in Iowa. I have also prepared a separate Outline of Regulations
Concerning Well-Interference, as requested.
Background Information: Need for water other than river water
Many cities in Iowa obtain their water supply from wells, meaning groundwater. 10wa,City,
Ottumwa and Des Moines continue to rely on river water from within the state as their
primary source. Davenport, Burlington, Keokuk and Fort Madison use Mississippi River water,
and Council Bluffs uses Missouri River water. With the federal government impOSing ever-
higher standards on cities and states to improve water quality, it is becoming increasingly
difficult for Iowa City to continue to rely primarily on river water,
The City is presently, ss of mid.August 1991, only in the very earliest st?ges of an
approximately three year study designed to improve the quality of Iowa City water. Iowa
City's primary source of water (90%) comes from the Iowa River. This river water is filled
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with nitrates, which are naturally found in river water but most of them come from fertilizer
and other chemicals applied to the soils. Nitrates are frequently found in surface water
because nitrates can only be created by bacteria found in aerated soil layers of one. two feet.
Cities such as Waterloo, Iowa, which uses wells that reach into a buried channel aquifer some
250 feet down, are assured of very high quality water, with very little nitrates.
In contrast, no conventional, proven treatment by Iowa City can remove the nitrates from the
river water to a level satisfactory to the federal government. Federal regulations now set 45
, .
parts per million (ppm) as found in a random sample of water as posing a potential threat to
human health of newborn babies and pregnant women. Normal adults are not threatened by
this level, but are cautioned.
.
For this reason, during certain times of the year in Iowa City, especially during spring runoff
due to snow melt and rainfall, the nitrate levels in the Iowa River skyrocket. When this
happens, Iowa City reduces the nitrate percentage in the drinking water not by reducing or
removing the nitrates, but by diluting the river waW with ground water. Iowa City currently
has one well which reaches into the Jordan aquifer at a depth of :I: 1500 feet. This well is
located within Iowa City and produces water low in nitrates. However, the Jordan water in
this area has a high sulfate content and a high mineral content, making the water smell and
.,
taste like a combination of minerals and rotten eggs.
More recently, Iowa City has been given the right to use two abandoned University of Iowa
wells which reach into the Silurian aquifer some :I: 300 feet. These wells were drilled many
years ago to serve the University of Iowa, and are no longer needed by the University. These
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Silurian wells may alleviate some short-term problems, but the aquifer does not contain
enough water to constitute a long-term solution.
Comprehensive Water Plan Study. Sampling Well Stage
The City is now just starting the Sampling Well stage of its Study. During this stage, the City
hopes to drill a total of approximately 17 Sampling Wells in the Alluvial Aquifer south and east
of Iowa City, and 7 Sampling Wells in the Buried Channel Aquifer south and west of Hills,
Iowa. Both areas are outside the city limits and located in Johnson County, Iowa.
These Sampling Wells will be used only to test water quality, and to some extent water levels.
No pumping will be done in these sampling wells, other than brief flushing. The water will
simply be bailed out of the 2" or 5" diameter sampling well, and monitored for approximately
18 months. Geological testing will also be done by sounding devices over the sampling well
easement areas.
At the end of the sampling well stage, the water tests should show whether either of the two
areas have a high quality and sufficient quantity of water. If not, the City may likely decide
further study would be a waste of time.
Easements to construct and use the sampling wells will be obtained from property owners in
the area, see outline attached and draft. A lump sum payment will be made to the property
owners for the permanent sampling well easement, covering approximately an area of land
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20 feet by 20 feet. This will be recorded in the Johnson County Recorder's Office, as a
covenant running with the land.
Assuming that the sampling well tests reveal high-quality water and thick deposits of water-
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bearing sand or gravel, the City may proceed to the next stage: test-pumping. This will
enable the City to determine whether the City has found an ample supply of water, sufficient
for Iowa City needs, as well as for the domestic, agricultural and commercial use of the
adjoining I~ndowners. However, this information cannot be obtained without proceeding to
the next stage.
Test-Pumping Well Stage
I,f the sampling wells indicate further study is appropriate, then the City will apply for a permit'
to construct test-pumping wells, and new negotiations will be entered into with landowners
,
to construct 2 - 3 test. pumping wells, with a new easement agreement or deed and an
additional lump-sum payment. The 'proof of the pudding' will be when the City's experts,
together with the DNR, can see the results of test-pumping on adjoining landowners for a
period of time. The test-pumping will likely be done in the wintertime. Only then will the
City, landowners and DNR be able to see if there is enough water to supply Iowa City, as well
as to supply the affected landowners with their .water needs.
Iowa Law on Underground Water
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Iowa follows the American "reasonable, customary and beneficial use" rule for underground
water rights. This is the majority rule which governs approximately 25 states.
Early in this century, Iowa rejected the strict English common law rule which stated that a
landowner could use their ~nderground water with impunity and total disregard for one's
neighbors, Barclav v. Abraham. 121 Iowa 619 (1903). 'In Barclav. a property owner dug a
well close to a creek, and allowed the water to flow unrestrained through the creek to the
land below. This resulted in stopping the flow of water from the plaintiff's well at his house
and near the barn. The plaintiff sued to enjoin the defendant Abraham. In discussing the
,iifferences between riparian or surface water rights and underground or subterranean water
" '
rights, the Iowa Supreme Court noted that underground water was different because of its
source, as well as being beyond the view of the ordinary human eye. However, these
differences do not justify applying the English rule:
"The reason is that water, like air, is of such a nature that no one can have an
exclusive right in it. In the process of evaporation and condensation, it is sent
in refreshing showers all over the earth. In its descent into the ocean, it
necessarily passes from the one to the other, and is intended for the benefit of
all. The right of each is more or less dependent upon that of his neighbor. '"
(cite omittedl
Barclav, at 625.
In other words, no one has an exclusive right to water, since the rights of each is more or less
dependent on that of one's neighbor. These old, venerable court decisions cite the Latin
phrase as a general maxim concerning property rights in groundwater . Sic utere tuo ut
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alienum non laedas, which is translated as "Use your own property in such a manner as not
to injure that of another. "
In contrast, English common law held that by reason of ownership of the land, a landowner
could sink a well and "use, divert, consume, or cut them off with impunity," thereby
permitting waste and running one's neighbors' wells dry. This was an absolute right of
ownership of percolating ground, water. The rationale for this strange rule was as follows:
"The ways of underground water were too mysterious and unpredictable to
allow the establishment of adequate and fair rules for regulation of competing
rights to such water."
State v, Michels Pioeline Construclion.lnc., 217 N.W. 2d 339, 344lWisconsin 19741.
Iowa soundly rejected the English ruie, as did the majority of the slates, which now hold that
water does not "belong" only to the person who owns the land above:
"Our scientific knowledge also establishes the interdependence of all water
systems. ...The hydrologic cycle traces all existing water from the oceans to
the atmosphere, to the land and ultimately back to the oceans. In nature, there
is an inseparable relationship between all water, whether in the atmosphere, on
the earth's surface, or under the earth's surface.'
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It makes very little sense to make an arbitrary distinction between the rules to be
applied to water on the basis of where it happens to be found. There is little
justification for property rights in ground water to be considered absolute. while rights
in surface streams are subject to a doctrine of reasonable use. ""Thus. the weight of
authority in this country no longer support the English rule of absolute possession.'
State v. Michels. at 345.
The rule in Iowa is clear: neither a surface stream nor groundwater can be diverted without
. the knowledge that the diversion will affect another proprietor. The Iowa Supreme Court
concludes that water is more akin to natural gas. rather than minerals which do attach to the
ground above:
. 'Certainly no good reason can be found for allowing the owner of land to draw
sub-surface water therefrom merely to waste. when this results in draining like
water from his neighbor's land, to his detriment in its use and enjoyment.
Water moves so readily from one place to another that any definite portion of
it cannot be said to be the property of the owner of the soil until in some way
reduced to control. The water flowing in defendant's well may have been from
plaintiff's land or that of some other well-owner a moment previous. In this
respect. it differs from minerals beneath the surface, and is more like natural
gas. which may not be allowed to escape by a landowner, when not made use
of. to the detriment of his neighbors.'
Barclav, at 629-30.
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In summary. the claim that water is owned solely by the property owner above where the
water is found is clearly not the rule in Iowa. Rather, even when water is removed to a
property other than where it was recovered. so long as the water is not wasted but rather is
put to a .reasonable and beneficial use.. and so long as the custor1)ary and beneficial use of
the adjacent and neighboring lands is preserved. all sides are protected. DeBok v. Doak, 188
Iowa 597. 603-04 (19201.
Terms Frequendy Used
The Iowa Legislature has codified the .reasonable. customary and beneficial use and
enjoyment of land. doctrine into Chapter 4558.261-.291 Part 4 (water allocation and use).
together with administrative rules and technical bulletins, see Rules 567. Chapters 49-54.
The easement document now drafted specifically recognizes Iowa City's obligation to protect
landowners in the area and their existing water supplies. The easements also recognize Iowa
City may not substantially reduce the water available to these landowners. However. before
discussing well interference rights in more detail. some basic terms should be helpful.
Water that exists in the interstices of rocks is called subsurface water. That part of the
subsurface water in these intermeshings which is completely saturated with water is called
groundwater. To understand groundwater. you need to understand the void spaces or
porosity of an accumulation of sand or gravel. The capacity of a rock to transmit water
through its interconnected pore spaces is called permeability. The capacity of a porous
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material to store water need have no bearing on its capacity to transmit water. Thus, clay,
usually has high porosity but low permeability.
The saturated, permeable earth materials from which a significant amount of water can be
produced are called aquifers. An unconfined aquifer may be viewed as an underground
reservoir.
Water in a properly constructed well will rise to the level of the water table. As pumping is
started in a well, water is discharged, thereby lowering the water level in the well and nearby
formation below the initial water surface. A gradient is created between the nearby water
tables and the more distant water table. This gradient causes additional water to flow toward
the well under gravity, forming a hole or depression. It appears as an inverted cone around
the pumping well, appropriately called the cone of depression. When the cones of depression
of two or more wells overlap, interference results and decline of the water table is
accelerated. It is necessary to monitor a large geographical area over an extended period of
time in order to understand water movement. See CROSBY on A Layman's Guide, attached.
Technical Bulletin No. 23, put out by the ONR, defines aquifer as a geologic formation which
will yield water of usable quantity to a well. A geologiC formation which cannot yield water
of usable quantity to a well is called an aquitard or confining bed. Water flows readily through
an aquifer but slowly through an aquitard.
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Aquifers are classified as being either confined or unconfined as illustrated in Figure 2 of
Technical Bulletin No. 23. IDNR. see attached. Confined aquifers are sandwiched between
aquitards. and the water is under hydrostatic pressure. When a well taps into a confined
aquifer, water rises in the well to the surface or top of the well and above the top of the
aquifer. Artesian wells are wator under pressure, and it flows to the surface, if tapped.
The Iowa Legislature has adopted these standard geological definitions into its code and rules.
Chapter 455B, Part 4 . Water Allocation and Use
The Iowa Legislature has taken the old Iowa cases, modern geography and geology terms and
"
refined them, including "depleting use," "beneficial use,' "nonregulated use,' and "waste.'
Of these definitions, it is important to know that a 'nonregulated use' means any beneficial
use of water by any person 01 less than 25,000 gallons per day. 'Regulated use' means any
depleting use except a nonregulated use. In other words, Iowa City's proposed test-pumping
well and production wells would be 'regulated uses.'
Section 4558.262 declares, as a policy of the State of Iowa. that the water resources 01 the
state shall be put to beneficial use in the interest of the people, and that water occurring in
a basin or water course is "public water' and 'public wells 01 the people of the State and
subject to use in accordance with this chapter, and the control and development and use 01
water for all benelicial purposes is vested in the State....'
Section 455B.262. Code of Iowa (2)(3).
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Thus. any subterranean water in the areas involved in the Iowa City study fall within the
definition of water course. which is a "channel having definite banks." or basin, which is a
"specific subsurface water bearing reservoir having reasonably ascertainable boundaries." The
Iowa Legislature makes it very clear that this water is public water for the benefit of all people
of the State of Iowa.
Section 4558.264 gives jurisdiction to the Department of Natural Resources (and to the
Commissionl over public and private waters of the state and lands adjacent to that water.
Prior to its drawing water from any water course or basin for any purpose other than a
nonregulated use. a person must make application to the DNR. The Department then
investigates the matter as to the
1) Effect of the use on the natural flow;
2) The effect on the landowners affected by the withdrawal:
3) The effect on prior users; and
4) Whether the use is a beneficial use.
It appears that under Section 4558.264(2). the sampling wells. as we now propose. do not
need a permit because they are a nonregulated use.
Permits are issued for ten years. but may be renewed or shortened. The state has adopted
a "priority allocation." but it appears to apply only in certain drought or disaster conditions.
However. as will be discussed below in "well interference rights." a petition may be signed
by 25 affected persons or a governmental subdivision requesting that the priority allocation
plan be implemented by the state due to "a substantial local water shortage."
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The priority water, allocation is listed in a descending order of restrictions that can be imposed
by the state, ranging from the highest restriction (waters crossing state lines), and moving
down through recreational uses, irrigation use, manufacturing and industrial, electrical power
generation, livestock, human consumption and sanitation (e.g. toilets, bathing) supplied by
rural water districts and municipal water systems, and finally, human consumption and
sanitation supplied by private water systems. In other words, the last thing to be restricted
by the state in such stringent conditions would be water needed for human consumption and
livestock. The first to be restricted would be water crossing state boundaries. Moreover, the
restrictions would likely be conservation measures, not total suspension of use.
In considering whether to grant a permit, the DNR looks at whether the proposed use of water
will impair the effect of Chapter 4558, and whether the proposed withdrawal of water will
'unreasonably impair the long term avail3bility of water from a surface or
ground water source in terms of quantity or quality, or otherwise adversely
affect the public health or welfare. '
Section 4558.267(4), Code
This standard clearly prot~cts the landowners in Johnson County, and would result in a denial
.
of the permit if the DNR found the City's proposed withdrawal would 'unreasonably impair
the long term availability of water.'
If a person files a complaint ('Complainant') and claims aptual or depleting use of their water,
the Department must cause an investigation to be completed. If the complaint is verified, the
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DNR may order discontinuance of the use or order payment of compensation costs (see
below).
Sectlon 4558.281 - Compensation for Welf.lnterference.
After an investigation, if the DNR finds that the actual or proposad water use is causing the
delivery system of the water in a nonregulated (less than 25,000 gallons per day) well to fail
or be inadequate, then the Department may condition the permit on compensation for
interference, or some other remedial measures. In other words, some of the anticipated well
interference complaints would have to be decided during the DNR permitting process, long
before any large'scaie pumping began, see Sections 455B.265 and .267, Code. Details on
how a well-driller or professional engineer figures out 'welf.interference' is set out in
Technical Bulfetin No. 23.
Compensation is awarded for all or a portion of the replacement of a well, for providing a
customary and adequate water supply to the affected well, or for other appropriate remedial
measures. Costs incurred in testing for well interference are eligible for compensation. The
DNR may also impose conditions on the permittee's (City's) proposed use. However, and this
Is critical to both the City and the landowners or well-owners, no compensation will be
allowed by the DNR until the parties have demonstrated that 'a good faith effort to negotiate
a mutually agreeable compensation has been made and has failed,' Section 455.281.
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The compensation claim for well interference can be asserted under Section 455B.265,
which is the permitting process, or under 455B.271, which is an administrative appeal to the
inspections and appeals board where the permit may be modified, revoked or terminated.
In reviewing compensation proposals, the DNR requires the complainant file estimates of
damage, and to consider age and condition of the existing affected wells when making such
estimates. Most importantly, a permittee or applicant is not required to pay compensation for
well Interference before having the opportunity to do test.pumplng on the complainant's well,
to be authorized by the DNR and supervised by the DNR or their designee.
Finally, and most importandy, the remedy set forth In these sections Is exclusive. This means '
that the only way to conclude the appropriate amount of compensation, other than a mutually
agreed upon figure for well interference damages, Is through these administrative procedures.
The parties must show to the DNR that they have acted In good faith to arrive at a
compensation figure, but were not able to do so. The Department then decides the
compensation figure.
If a complainant (a person who claims well.interferencel decides they are,not happy with the
DNR's compensation figure, or lack thereof, they may appeal to the State Inspections and
Appeal Board, then to district court and even to the Iowa Supreme Court. Appeal to the Iowa
Supreme Court is a matter of right: one does not have to ask the Supreme Court to take the
case. Since the Legislature has decided all well interference claims,must go through the DNR,
a person cannot simply go io district court and file a petition, claiming damages for well water
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interference. Rather, the claim must be processed by the state agency having special
expertise in water rights.
Rule 567.54.1 et seq, lAC. Specific Procedures for Well Interference Claims
The most important rules concerning compensation for well interference is found in Chapter
54 of the rules concerning the Department's jurisdiction over water. The rules make clear that
compensation applies only to situations in which
'an adequate ground water supply is available from the utilized aquifer, but
withdrawal for a permitted use causes or will cause such a water level decline
in a non regulated well that it does not provide a sufficient water supply.
...Resolution of well interference conflicts is predicated on the nonregulated
well providing a sufficient water supply llli2r. to well interference.'
Rule 567-54.1, Iowa Administrative Code (emphasis added).
If an applicant submits a permit request and the DNR itself determines that the proposed
withdrawal may cause a verified well interference in a nonregulated well (less than 25,000
gal/day), the applicant is given the option to pay compensation or take other remedial
measures to protect the affected well. The applicant will remain liable for future well
interfarence if it is proven to be greater than the amount resolved in the original settlement.
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Comolaint and Investiaation
Once a complaint has been filed. the Department will notify all permittee applications or
permitted users. It is then the responsibility of the complainant to have the affected well
inspected by a registered well driller. and to have the well driller complete DNR Form 122:
Water Well Inspection Report. This must be submitted to the Department. Costs for this well
inspection are eligible for compensation If well interference is verified.
The complainant may go ahead with corrective measures for the well prior to settlement. and
will remain eligible for compensation If well interference is verified. To be eligible for
, '
compensation, conditions prior to the corrective work must be documented on Form 122:
Water Well Inspection Report.
Well interference will be found only if the DNR determines that all of the following criteria are
met:
1. The well inspection shows that no mechanical or structural reason exists for
well failure.
2. The permitted use is identified as an apparent cause of well interference.
3. The nonregulated well was in use prior to the permitted use.
4. The suspect permittee and complainant withdraw water from the same aquifer
or source likely to be in close hydraulic connection.
5. The suspect permittee was withdrawing water during the period when well
interference was claimed.
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6. Well interference is reasonably possible with known conditions (e.g. pumping
rates. separation distances. aquifer properties. and relative water levelsl.
7. Other obvious causes of water level decline are not apparent.
If the DNR finds an apparent well interference exists. the Department must immediately notify
the complainant and the suspect permittee so that they might proceed through required
negotiations. If well interference does not exist. the complaint will be dismissed. Dismissal
may be appeaied by the complainant to the DNR Director as an administrative appeal. and
then to district court.
If the comJl\ainant's well is not able to deliver sufficient water due to app~rent well
interference. the Department may suspend permittee's (City's) withdrawal of water, or restrict
withdrawal. If approved by the Department. the permittee (City) may provide a temporary
water supply to the complainant or take other appropriate measures as an alternative to
restrictions on withdrawal of water. A temporary water supply must meet the needs of the'
Intended use In terms of both quantity and quality. Rule 567-54.5(6). In other words. the
Department needs to approve our offering an alternative water supply to persons with verified
claims of well-interference.
In order to verify well interference. the DNR may require test pumping of both the
complainant's and the permittee'S wells. and may also require test-pumping and drilling of the
aquifier, Any test- pumping must be authorized by the Department and supervised by a
registered well driller, registered professional engineer or other designee of the Department.
I
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77
18
The costs shall be borne by each party; however, the complainant's costs may be eligible for
compensation if well interference isyerified.
Test pumping shall be performed in accordance with procedures set out in Technical Bulletin
No. 23. The Bulletin provides:
'In general, well interference will be verified if it causes the water in a nonregulated
well to drop to a level below the pump suction, or it is shown to significantly
diminish well performance.' Rule 567.54.6(2). Iowa Administrative Code.
If well interference is verified, settlement procedures must be followed. Otherwise,
complainant is not entitled to settlement costs.
If well interference is not verified, the complaint will be dismissed and any emergency order
will be removed. Again, Complainant may appeal the dismissal.
Mandated Settlement Procedures of Well.lnterference Verified
Settlement options include permit modifications, compensation to the complainant, and costs
for remedial work. An offer must be made by the permittee to the complainant, in a notarized
offer. The offer must also include written comments by a registered well driller or registered
I professional engineer. detailing well improvements needed in order to provide the complainant
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compensation, as noted in the guidelines in Technical Bulletin No. 23. If a new well is
proposed, the water quality must be good. Costs to test water quality are compensable.
Generally, the well owner's cost for well inspection and test pumping are eligible for
. compensation, together with all costs for remedial work necessary to resolve a verified well
interference problem.
However, compensation does not include the following:
1. Costs required to bring a well 'up to standard,' if below standard prior to being
affected by well.interference.
2. Costs for work requested to upgrade the water supply.
3. Costs for legal fees.
4. Operation and maintenance costs of the water supply system.
Costs of well rejuvenation for verified well.interference are compensable on a one.time basis;
but if the well still fails to provide a sufficient water supply, the cost for further rejuvenation
is not compensable. However, a water supply must be provided, and the permittee must
provide or pay for the supply.
Costs due to temporary loss of water for such things as hauling water and going to the
laundromat are not eligible for compensation unless the permittee (City) refuses to comply'
with an emergency DNR order.
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Complainant has 15 days to respond to the permittee's offer, and may make a counterpffer.
The counteroffer should contain supporting information including an itemized cost estimate
of needed improvements by a registered well driller or professional engineer. If the offer is
deemed acceptable by the DNR but rejected by the complainant. complainant will get 15 more
days to reconsider. If the complainant still refuses to accept. the complaint will be dismissed.
Dismissal may be appealed to the Director as an administrative appeal.
.
If the DNR finds the offer is not reasonable. the permittee (City) will be given one opportunity
to revise the offer within 15 days. If not, the Department itself will then determine the
amount of compensation or impose restrictions to resolve the well interference dispute. The
DNR's decision may be enforced through imposing permit conditions on the City. or revocation
or denial of the permit. The CITY also has a right of appeal to 'the Director or to the
Inspections and Appeals Board, and then to district court.
In the case of recurring complaints, no recurring complaints will be accepted unless there has
been a significant change in the permitted withdrawal. a simplified test pumping procedure
was used IseeTechnical Bulletin No. 23), or the permittee provided compensation to resolve
less than the estimated worst.case well interference scenario. In other words, a complainant
who accepts compensation from an applicant is still eligible for compensation if subsequent
well interference is proven to be oreater than resolved in the oriolnal settlement.
If a previous complaint was dismissed for failure to cooperate, the complaint will be
reconsidered when required cooperation is demonstrated, but will be treated as a new
complaint.
'7,
21
. . . .
I trust this will be of some assistance in making our way through the well-water problems,
especially well interference rights questions.
Attachments: Exerpt from CROSBY, A LAYMAN'S GUIDE TO GROUNDWATER HYDROLOGY
Schematic Drawing of Well-Interference, Tech. Bull. No. 23
Outline; Sampling Well Easement Draft
wOlorwll.lrm
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Chapter 4
GROUNDWATER
SEcrlON 1. DOc:rRINES
CROSBY, A LAYMAN'S GUIDE TO GROUNDWATER
HYDROLOGY
Corpr. Groundwater Law, ManagelDenl and AdlDiniIUaU,c. NaUollll Waur
ColDlDWioc. LepI Study No. 8. Chapur Il. 38-47. 72-7S (19m
. . . We adopt the defmition of groundwater employed by Pr0-
fessor William C. Walton (1970, p. 29) in Groundwater Resource Evalua.
tion:
"Water that exists in the interstices of rocks i5 called ,ub$urface wallr
. . .; that part of subsurface water in interstices completeIJ_~tu.
rated with water l.!_caIlll!U[!1!!.gOl'(ater~' [Emphasis in original]'
This defmition is useful both for its simplicity and because it
accurately identifies the bulk of the subsurface water about which
managerial and legal decisions are made-most typically the decision
either to withdraw or to permit withdrawal of water from the ground or
to leave it in the ground available for later withdrawal or discharge.
Few technical subjects have been encumbered with the misinforma.
tion, misunderstanding1l, and mysticism that have plagued groundwater
hydrology. Groundwater has been reputed to occur in underground
rivers, in underground lakes. and in veins. It has been credited with
moving in ways unknown and unknowable and has always been a
favorite refuge for quacks and pseudoscientists. Countless thousands of
dollars still migrate. annually, to the colfers of the practitioners of tbe
willow brancb or tbe brass welding rod.
1. IMPoRTANT ROCK PROPERTIES
To understand the groundwater environment, one needs only to
consider the void spaces, or porosity, of an accumulation of sand or
gravel; or to view tbe fractures and crevices in tbe granites or lime-
stones that form the walls of a road cut; or to note the open spaces that
occur between the successive lava nows exposed in tbe walls of a valley.
picture, then, tbe environment that would exist if these unconsolidated
385
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386
GROUNDWATER
Ch. 4
or consolidated rock masses were partially submerged beneath water,
perhaps by rising waters of a lake or reservoir. The air occupying the
different types of openings would be displaced by water which, in the
natural setting, would be called groundwater, The upper surface of the
water-saturated zone, or the air.water interfaca. would be called the
?!,ater table, Should impermeable materials be present at the normal
position 01 the upper surfaca of the zone of saturation, no water table
exists. Groundwater sometimes is cont"med under pressure between or
under impermeable or semi.permeable rocks in much the same manner
tliat water is pressurized in a pipeline network. Water in wells
penetrating through impermeable material into the underlying permea.
ble materials may rise above the top of the aquifer or water-bearing
formation, Such groundj'later is said to be under artesian pressure.
The pressure is from gravity, just as is the water pressure on a, dam
impounding water in a surface reservoir.
Depending upon the tyPe of rock material saturated, the voids or
empty spaces can be expected to range from about one percent to more
than 30 percant. At saturation, in other words, such rocks can contain
between one and 30 or more percent of their total volume as water.
Much of this water might be contained in voids so small that, 'even
. given the opportunity, it could never drain out; it would be retained as
though the rock were a blotter. Such water would not flow into wells,
and hence it could not be extracted from the ground by any normal
means.
The capacity of a rock to transmit water through its interconnected
pore spaces is called its permeability. The capacity of a porous material
to store water need haven" bing on its capacity to transmit water.
Thus, a clay usually has high Porosity but low permeability. On the
. other hand, an unconsolidated gravel may have both high porosity and
high, permeability. . . .
The relatively small size of rock openings and the tortuous nature
of the tunnel.like interconnected pore spaces present tremendous fric.
tional resistanca to the movement of groundwater. This factor is
dominant in establishing the permeability of a porous material. Fric.
tibnallimitations to flow, coupled with the typically low gradients (or
slopes), contribute to the very low flow velocities prevalent in the
groundwater environment. Normal flow velocities range from five feet
per day to five feet per year, However, velocities as high as 100 feet
. '-
per day have been reported.
The saturated. permeable earth materials from which significant
quantities of water can be produced are called aquifers. This term, like
permeability, is purely relative' and must lie considered within, the
framework of the local hydrogeology. Thus, a farmer drilling a domes-
tic well in the basalts of eastern Washington might consider a well
producing a gallon or two per minute a totally successful well. To his
neighbor, who needs 500 gallons per minute for irrigation, any lesser
quantity is for practical purposes a dry hole. . . .
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387
A special class o( hydrogeologie conditions are known as perched
lter bodies and have perched water tables. Perched waters (orm
henever the conditions o( geologic structure and permeability restrict
Ie free gravitational seepage of vadose waters, causing their build.up
, local accumulations at elevations above the regional water table.
.n analogous condition would be presented by a porcelain saucer
juried in a tank of sand through which waterll are allowed to seep.
50me of the downward Qloving water would be captured by the saucer
lOd would (orm a suspended zone of saturation. ' , ,
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An unconflOed aquifer may be viewed as an underground reservoir,
A3 with a surface reservoir, one important characteristic of an aquifer
is the quantity of withdrawable water which it contains. Still more
pertinent is the amount of water that can be withdrawn (rom storage
for each (oot of water.level decline. Another characteristic is the
capacity of the reservoir to contain water, regardless of whether at a
given time it is full, partly (uIl, or empty. In an unconfmed gl'1lund.
water reservoir capacity to store' water is a (unction ot the volume o(
the water.bearing materia1s, and the percentage o( those materials
which consist of voids or spaces capable of receiving water.
The water remaining in storage at a given time is a resultant o( the
extent to which portions o( the water.bearing material have been
dew ate red. It can be estimated (rom driller's and geophysical well logs,
from depths to groundwater in various portions of the aquifer, and from
comparative quantities of inflow and outflow. Available storage capaci.
ty of an aquifer can change with time and further complicate storage
calculations. As water.bearing sediments are dewatered, they tend to
undergo compaction, which reduces pore volume. Recharge mayor
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388
GROUNDWATER
Cb.~
may not restore some or all of the lost storage capacity lost by
compaction.
2. SoLUTION CAVERNS
Does the deCmition of groundwater include water in underground
caverns? . . .
Underground rivers /lowing through caverns are rare, and there-
fore this problem of classification is not troublesome. However. moving
water which is groundwater in one location. surface water in another
location. and again groundwater is a very common phenomenon which
complicates water "ownership." Nearly all groundwater originates
from surface sources and is subject to just such a succession of meta-
morphoses. Depending upon the fluid circulation pattern, the time
sequence can be measured in minutes. days, years, or geologic periods.
3. WELLS AND WELL HYDRAUUCS
Wells are the instruments through which groundwater is generally
produced. Wells may be dug, bored. or drillild, and they may be
virtually any depth or diameter that proves to be economical. In hard
rocks, wells are frequently open holes, whereas in unconsolidated
materials support in the form of lengths of pipe or casing may be
required. So that the groundwater can enter the casing, a screen or
section of perforated casing is generally emplaced opposite the produc.
tive aquifer.
Water in a properly<onstructed well will rise to the level of the
water table. If artesian, or pressure conditions exist, the water will
rise to the level of the pressure surface. If the pressure surface is above
. ground surface, the well wiII/low freely unless capped.
The development of the dpep well turbine pump provided the
impetus for the great expansion in groundwater development and use.
both in the United States and elsewhere. Ackerman and lAf (1959, p.
281) record that "About 1937 the v~rtical turbine pump was finally
perfected and commerciali2ed." ' '.
A3 pumping is commenced in a well, a quantity of water is
discharged by the pump, lowering the water level in the well and
nearby formation below the initial water surface in the formation. A
gradient. therefore, is created between the nearby water table and the
more distant water table. This gradient causes additional water to /low
toward the well under the influence of gravity, The water table near
the well takes the form of a hole or depression formed in the ground.
water surface. Because it appears as an inverted cone around the
pumping well, it is appropriately called the CEil<! of depression. When
the cones of depression of two or more wells overTap, mterference
results and decline of the water table is accelerated.
If the water.bearing formation has a high permeability, only a
small gradient is required to produce a relatively large quantity of
water. However, if the permeability is low, it may be found that the
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oocrRlNES
389
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gradient required to produce a desired quantity of water exceeds the
limit established by the depth at which the pump intake is set. The
capacity of the weil is exceeded and the pump soon startS slicking air.
It is weil to note that although the weil is sucked dry in this situation.
the pump can be turned off and after a period of recovery, the water in
the weil will return to nearly its original leveL Tho groundwater has
in no way been exhausted by the pumping. Rather, the well went dry
temporarily and onlybeca.use the formation was expected to release its
stored water at a rate in excess of its physical capabilities.
Notu
1. National Water Commission. Water Policies for the Future 230
(1973):
How much water is this? The ground water supply in storage to a
depth of one-half mile within the 48 contiguoUS States bas been estimated
at 180 billion acre-feet. In contrast. the larger lakes of North America
contain about 'lI billion acre-feet. Natural annual recharge may average
more than I billion acre-feet. While this estimate of recharge may be
liberaL it indicates the general magnitude of annual recharge compared to
ground water in storage. On the basis of the above estimates, the volume
of ground water in storage to a depth of one-half mile is roughly equivalent
to the total of all recharge during the last 180 years.
The total amount of ground water in storage which is usable with
present technology is said to approximate 10 years' annual precipitation or
35 yem' annual surface runorr~me 46 billion acre-feet. Ground water
supplies about 22 percent of the water withdrawn for use in the country,
and this percentage is likely to increase because of increasing demands and
the wide availability of ground water. Between one-third and one-half of
the coterminous United States is underlain by ground water areas capable
of yielding 50 gallons per minute or more to wells.
2. ~ the foregoing indicates, groundwater and surface water differ
markedly in physical occurrence. which esplains, at least in large part, why
groundwater receives separate legal treallnent. The differences are nu,
meroU!. However. in considering the materials in this chapter the student
should bear in mind three charac~ristics of groundwater which have most
often affected the development of the law. "
First. groundwater is hidden from sight. .j'bus. the characteristics of a
given aquifer are not visible. Similarly, the elfecl8 of IIlIlIUIlsde altera'
tions. such as pumping, cannot easily be seen. The science of hydrology
has made great progress in understanding the principles which determine
groundwater behavior. However, typically it will be necessary to monitor
existing wells and drill and monitor additional wells over a broad geograph.
ic area for an extended period before these principles can be applied to a
particular aquifer. Because this is expensive and time consuming, ade-
quate data is often unavailabl~ Consequently, the uncertainties which
exist in a particular situation are often substantinl. This is relrected in the
lawyers' dictum that in groundwater litigation the person with the burden
of proof always loses,
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GROUNDWATER
Ch. (
Second, because groundwater is in the ground. wells must be drilled
and pumps must usually be installed if it is to be used. Consequently. the
expen.18 lISSOCiated with groundwater use varies directly with the depth at
which it is available.
Third. the water available for use in most aquifers Cllnsists of both
annual recharge and water in storage, in varying degrees. Thus. unlike
surface water which is primarily a "now" resource. groundwater consists of
both a "flow" resource and a "stock" resource. The ability of an aquifer to
store water and the existence of a stock of water which may be used only
once present opportunities. create problelDS. and require policy choices not
presented. created. or required in using surface water.
STATE v. MICHELS PIPELINE CONSTR.. INC.
Sup"'''. Court or Wisco..in. 197(.
63 WIa.2d 278. 217 N.W.2d 339.
-
WlLKIE. JusnCE.
This case involves the unrestrained use of percolating ground water
to the alleged detriment of owners of neighboring land, In 1972
Michel.!l pipeline Construction, Inc.. contracted with the Metropolitan
Sewerage Commission of Milwaukee county to install a 6O-inch-dialDe-
ter sewer in the Root River Parkway, Greenfield. Wisconsin. . . .
The complaint alleged that in September of 1972 the defendants began
pumping water from wells in the city of Greenfield at a rate of 5,500
gallons per minute in order to dewater the soil to a depth sufficient to
permit tunneling for the sewer. ,approximately 40 feet beneath the
ground surface. The complaint alleged that numerous citizens were
caused great hardship by the drying up of wells, decreasing capacity
and water quality in others. and by the cracking of foundations,
basement walls and driveways. due to subsidence of the soil. The Slate
asked that the defendants be ordered to conduct construction of the
sewer so as not to create a nuisance and to take action to eliminate or
ameliorate the hardship and adverse effect imposed upon slate citizens.
The defendants demurred to the complaint on the ground that it
did not state facts sufficient to constitute a cause of action, . . .
The trial court granted the demurrer of the defendantS. respondents
on the basis that the case of Huber v. Merkel' established that there is
no cause of action for interference will. &'I'ound water. This is a correct
statement of the holding of that case. In Huber v. Merkel an owner of
real estate attempted to hava another landowner in his vicinity en.
joined from wasting and unreasonnbly using water from artesian wells
on the person's property. The defendant allowed his wells to flow
continuously, the excess simply spilling on the ground and this adverse-
ly affected the artesian pressure of all the wells which lapped the same
aquifer, This court held that it was the almost universal concensUS of
judicinl opinion that:
.. 119031. 117 WiI, 355, 9( N.W, 35(,
77
.flgure
SCHE.\IA TIC OF WEllINTERFERE:-.ICE
WElL NO. 1
WElL NO. Z
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ElL NO. 1 ~nd Z PUMPINC
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Figure 2
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SCHE,I"IA TIC OF CONFINED AND UNCO:-.lFINED AOUIFERS
,
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rv.::..,.o.:1ld1l
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DRAFT
SUGGESTED PROCEDURES TO ASSURE A CONTINUAL WATER SUPPLY FOR EXISTING
WEllS IN THE ALLUVIAL AQUIFER LOCATED SOUTH AND EAST OF IOWA CITY AND THE
BURIED CHANNEL AQUIFER lOCATED SOUTH AND WEST OF HILLS.
MONITORS WELL INSTALLATION AND SAMPLING PHASE
. City would install monitoring devices on existing wells, and provide data as needed and as
requested.
TEST PUMPING PHASE
CITY WOULD AGREE TO:
. Provide treated water, on an emergency basis, within 2 Y, hours of a request.
. Provide emergency service, to be available 24 hours per day, for water requests, test
pumping results, and assistance in resolving private well quantity and/or quality problems.
. Adopt a policy which assures persons that Iowa City intends to protect them and to
encourage an exchange of ideas.
. Assume responsibility for any private well problems occurring during the Test Pumping
Phase, provided that the wells are located within feet (estimated limit of
influence) of the test well.
. Provide test well results to existing well owners.
PERMANENT WELL DEVELOPMENT PHASE AND THEREAFTER (BURIED CHANNEL AQUIFER)
FOR EXISTING WELLS LOCATED WITHIN THE CONE OF DEPRESSION (LIMIT OF INFLUENCE)
OF A CITY.OWNED WELL.
In the event City proceeds to permanent well development phase, the City agrees to:
. Install a new well, if appropriate, which is sufficiently below the cone of depression of the
City-owned well to provide a volume of water equal to the capacity of the non-interfered
existing well and of a quality acceptable to DNR. This offer would apply for all pre-existing
wells. After installation of a new well by the City, the City would have no further
obligation except as required by new, verified well interference.
. Provide monitoring well and production well information to well owners, as requested.
PERMANENT WELL DEVELOPMENT PHASE AND THEREAFTER (ALLUVIAL WELL FIELD).
. Provide treated water. on an emergency basis, within 2 Y, hours of a request.
. Provide emergency service. to be available 24 hours per day, for water requests, test
pumping results, and assistance in resolving private well quantity and/or quality problems.
-"
2
. Assume initial responsibility for any private well problems, provided the wells are located
within the cone of depression of a City. owned well.
· Agree to lower an existing well or install a new well sufficiently below the cone of
depression of the City.owned well to produce a volume of water equal to the capacity of
the non-interfered existing well; and of a quality acceptable to the DNR.
· Provide monitoring well and production wel,l information to well owners.
CITY RESPONSIBILITY AFTER PERMANENT WELl. DEVEl.OPMENT IN THE Al.l.UVIAl.
AQUIFER IS GREATER THAN CITY RESPONSIBILITY AFTER PERMANENT WELl. DEVEl.Op.
MENT IN THE BURIED CHANNEl. AQUIFER BECAUSE IN THE Al.l.UVIAl. AQUIFER:
· The shape of the cone of depression is less predictable over time, and therefore well
interference is more difficult to determine.
· The aquifer is recharged by precipitation and therefore weather dependent.
· Aquifer depth and thickness are inconsistent.
· Water quantity is less.
· The size of the aquifer is small.
· The aquifer is shallow.
DURING Al.l. THREE PHASES OF WORK AND THEREAFTER, THE CITY AGREES TO FOl.l.OW
IOWA'S "GUIDEl.INES FOR WEl.l.INTERFERENCE COMPENSATION" AND TO COOPERATE
WITH CITIZENS HIRING A DRIl.l.ER TO PREPARE AN INSPECTION REPORT REQUIRED BY
THE IOWA DEPARTMENT OF NATURAl. RESOURCES (DNR), AND TO COOPERATE IN ANY
INVESTIGATION EFFORTS TO DECIDE, AS QUICKl.Y AS POSSIBl.E, WHETHER THE CITY'S
TEST PUMPING OR PRODUCTION WEl.LS WOUl.D (ARE) ADVERSEl.Y AFFECTlING) THE
CITIZENS' WATER SUPPLY.
EXCEPT AS REQUIRED BY IOWA LAW, THE ABOVE PROCEDURES DO NOT APPLY TO
WELl.S USED PRIMARILY FOR COMMERCIAL IRRIGATION.
pwedminlw.tltupp.prc
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PERMANENT SAMPLING WELL EASEMENT, TEMPORARY CONSTRUCTION EASEMENT
AND PERMANENT ACCESS EASEMENT AGREEMENT
WHEREAS. the City of Iowa City has determined, through 'a Comprahansive Water Supply
Plan, that Iowa City's future watar supply needs are not able to be reasonably met within the
City's jurisdictional boundaries, and that the City's current water supply will soon be
inadequate, both in quantity and quality, to meat the long.term domestic water needs of its
residents, and to satisfy state and federal regulations; and
WHEREAS, a potential source of raw water is believed to exist in a Buried Channel Aql!iier
located south and west of Hills, Iowa, and also in an Alluvial Aquifer located south and east
of Iowa City, Johnson County, Iowa; and
. ..... .-. ..
WHEREAS, the City Council of Iowa City has determined that sampling wells and testing
procedures could help determine whether the water located in the alluvial aquifer and the
channel aquifer could be used for tha beneficial use of the citizens of Iowa City, while
Simultaneously protecting the reasonable and beneficial use of the land, owners involved; and
WHEREAS, the City Council has further determined that acquisition of certain easement rights
, ere needed for the construction and access to various sampling wells, in order to conduct
, geophysical testing and surveying, and that said sampling wells, tests and surveys are for a
valid public purpose in order to protect the safety and health of .its residents; and
WHEREAS, in the event tests from the sampling well(s) indicate the City shouid proceed to
a test-pumping stage, to be done on well Is) other than the sampling wellls) herein and at
locations yet unknown'and unidentifiable, the City of Iowa City recognizes its obligation to
77
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protect the undersigned Owner's water supply in order to essure the Owner of its continuing
customary end beneficial use of its property, and to protect the reasonable enjoyment of the
Owner's land; and
WHEREAS. the undersigned property owner has agreed to certain terms and conditions herein,
in order to permit City of Iowa City's use of owner's land located in Johnson County, Iowa,
for the purpose of constructing sampling wells and performing water and geological testing.
NOW. THEREFORE. this Easement Agreement is made and entered into by and between the
PROPERTY OWNERS and the City of Iowa City, Iowa, a municipal corporation ("CITY")
(sometimes refarrad to collectively herein as "PARTIES").
,. M" _. _.... _.__. ....-.. -..,-.
IN CONSIDERA liON OF THEIR MUTUAL PROMISES AND FOR VALUABLE CONSIDERA liON,
PARTIES HEREBY AGREE AS FOLLOWS:
1. PrODertv
. . hereafter OWNER, owns cartain land located south
cf Iowa City in Johnson County. Iowa. more particularly described as follows:
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("Property").
2. QwnershiD.
a. Owner acknowledges that legal title to the Property is held in the neme of
, with a mailing
address of
b.
Equitable title (contract purchaser) of the Property Is held in the name of
,
. ...... .0.._0...
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, with a mailing
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. with legal title (contract
address of
. with a mailing address
seller) remaining in
of
Leasehold ,(farm tenancy) interest in the Proparty is held in the mime of
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c.
. with
"Farm
a maiiing address of
tenancy" includes a person who occupies and cultivates the Property {as opposed to share-
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cropping}.
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4
d, Share-cropper(s) interest in the Property is held in the name of
. with a mailing address of
e. If different entities own the Property described in Paragraphs 1 and 2 above" the
various property intarests will nonetheless, for purposes of this Easement Agreement, be
referred to collectively as "OWNER."
3. .. ..Owner's Riaht to Convev Easement
For the sol,e purpose of permitting the City of Iowa City, Iowa ("CITY") to dig and construct
a two (2) inch diameter Sampling Weli on a portion of OWNER's Property, and to conduct
testing of the water supply, the undersigned OWNER states that it is the true OWNER of
certain real propertynand descri~ed in the plat attached hereto as Exhibit A, which Exhibit is
Incorporated herein by reference, that OWNER is lawfully seized end possessed of said land,
and that OWNER hes good and lawflll right to convey this Easement.
4. Permanent Samollna Well Eesement, Temoorarv Construction Easementand Permanent
Access Easement
In consideration of a lump sum paymant of $
and in further
consideration of the mutual promises herein, OWNER conveys to CITY an exclusive Permanent
Sampling Well Easemant, Temporary Construction Easement, and Permanent Access
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Easament, for the purpose of constructing, oparating, maintaining, repairing, using and
reconstructing a two (2) inch diameter Sampling Well and related appurtenances in, over, and
across certain reel property owned by OWNER and described in 'Exhibit A. Seid Easement
described in Exhibit A shall hereafter be referred to es "Eesement Area. "
OWNER and CITY agree that the Temporary Construction Easement shall terminate twenty-
four (24) months after the date of execution of this Easement Agreement and shall cover an
area approximately one (1) acre, or shall terminate at CITY'S option, whichever is earlier.
,
_ __, " u 5.
, , ,Permanent Access Eesement
, ,
._'._..".. ..._....._..._.._._._......._._.~_.., .____.. '_'M"___'__.'__'
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OWNER ecknowledges the Permanent Access Easement shall be available to CITY via
reasoneble routes over OWNER's Property in order to gain access to the Easement Area.
PARTIES agree said Access Easement Is being provided to the CITY for the sole purposa of
securing access to the Sampling ~ell and Easement Area, shall be limited solely to ingress and
egress of persons authorized by the CITY to enter thereon, and for ingress and egress of
equipment needed to construct, rep'air and monitor the Sampling Well. CITY 'specifically
agrees that said reasonable routes of access shall be selected in cooperation with OWNER,
so as to minimize intrusion and damage of the Easement Area and the OWNER's Property and
, to reasonably protect OWNER's Property, and CITY specifically agrees to take Into
consideration ground and weather conditions prior to entry, '
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Any portion of OWNER's Property or any portion of the Easement Area damaged in the course
of CITY's ingress and egress shall be promptly repaired. replaced or restored by CITY to
substantially its pfior condition.
6., Lumo Sum Pavment
OWNER, as listed above in Paragraph 2 and collectively referred to herein as .OWNER..
acknowledges and accepts the lump sum payment set forth above in Paragraph 4 es full and
just compensation for the Easement rights conveyed to the CITY herein. and OWNER
specifically acknowledges and agrees that the lump sum payment is intended to and does
compensate any and all damage~ that occur or may occur to the Easament Area (other than
for access), including crop damage; loss of crop productivity due to soil or other disturbance;
.....
.... . ...~. 'N" '.""'_~__ .._... ~ .....__.__..__....._ .__.
nutrient loss; ramoval of trees or shrubs; removal or disturbance of other natural site features;
disturbance or removal of unnatural site features such as erosion control or special drainage
measures; and in the event of CITY's abandonment of the Sampling Well, cost of pumping
apparatus to render the Sempling Well usable by the OWNER.
PARTIES agree distribution of the rump sum payment between and among the various
Property interests as OWNER(s) and as listed in Paragraph 4 above is strictly a private matter
between the various ownerlinterests herein, and that CITY is not responsible for distribution
other than the obligation to make 8 one-time, lump sum payment.
OWNER acknOWledges and agrees that CITY will not be responsible for any consequential
damages during the term of this Permanent Easement Agreement. including but not limited
to any loss of business, loss of earnings, loss of employment. or loss of business opportunity.
, ,
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7. CITY's Construction of Samolino Well
. '-'"-''--''''.''' .. ". .
In return for this Easement from the OWNER, CITY promises end covenants to construct a
two (2) inch diameter Sampling Well on OWNER's property, to be located on the Easement
Area described in Exhibit A attached hereto, and to ba used exclusively by the CITY dUring
the water sampling stage of the Comprehensive Water Supply Plan.
If CITY elects to abandon the two-inch Sampling Well, for whatever reason, O'vVNER shall
. .
heve the option to assume ownership of the abandoned well. In such event, OWNER agrees
to assume all responsibility for the well, including maintenance, repair and replacement of any
parts thereof. See Paragraph 14 on abandonment procedures..____,________..__..
'.. . ... ......-
a. Samolina Wells Staae
. ... ~.." .
,
..-......- ...-...--...... .... .-..-..-...........
'...... ... -.-. ..-...-.....
CITY agrees to use the Sampling Well to periodically test and monitor water quality and water
level in the aquifer believed to be located below end beneath OWNER's Property and below
'the Easement Aree. CITY agrees to restrict its use of this Sampling Well to testing purposes,
including bailing and flushing of the Well for water samples, and will perform no pumping In
the Sampling Well. CITY agreas to provide all data obtained from CITY's Sempling Well to
OWNER on a continuing basis.
b. Test.Pumoina Staae
In the event results of the testing and monitoring of the Sampling Wells in the buried channel
aquifer indicate further study is appropriate, and if CITY elects to proceed to the test-pumping, ," ,
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stage of the Plan, CITY may commence test-pumping from a well other than the Sampling
Well herein, CITY and OWNER now acknowledge that said other 'test-pumping well'
location(sl ere not known to CITY, and thus not yet identifiable, PARTIES acknowledge that
CITY specifically agrees not to start test-pumping unless and until CITY has given at least
fourteen (14) calendar days written notice to OWNER of CITY's intent to commence such
pumping, and the expected duration of said test-pumping. Said Notice shall be by way of
Personal Delivery to OWNER or OWNER's authorized agent,
CITY further agrees that if, and when, a test-pumping well is deemed to be potentially located
on OWNER's Property, CITY will enter into separate negotiations with OWNER to construct
, ,n 'a test-pumping well on OWNER's Property, at a mutually agreeable location and a mutually ~-
agreeable emount of edditional compensation. ' CITY agrees OWNER shall have the 'right of
. _,.. ~_ """_'_'~~_' ....~..._.._ __...._ _ _,_ ....." ,..____. ._. ._.~ .__....., _4._.__...~..._._.__. ---
first refusal' for construction of such potential test-pumping well on OWNER's Property, as
compared to edjoining property owners. If OWNER and CITY can agree, the terms of such
Agreement shall be separatelv set forthln a Test-Pumping' Well Easement Agreement, which
shall be recorded in the JohnSOn County Recorder's Office at no cost to OWNER. '
CITY further covenants, and OWNER acknowledges, that the protections accorded OWNER
and set out in Paragraph 13 herein shali be included in any such separate Test'Pumping
EasementAgreement. (For Alternate Water Supply During Test-Pumping Stage, see Paragraph
13 below.)
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8. CITY shall Protect Semolina Well and Restore Area
CITY shall have the right to drill within the Easement Area, and to grade as CITY may find
reasonably necessary for the construction, operation, sampling, repeir, maintenence and
reconstruction of the Sampling Well. The CITY covenants and agrees to protect its Sempling
Well during construction and monitoring, and to restore the' Easament Area following
construction to its pre-construction condition, to the extent practicable.
9. CITY's Rights of Gredlna in Easement Area
. ....&.. h_'___'_____'__' -----..----.----.--~----.-----.---.
. ... .' -..... ".-,
, '
,- . ._,~~-~~'~...,:.-
CITY shall have the right to grade within the Easement Area as CITY may find reasonably
._-' ......--....-.-...-----.-..... ..-.-.-..-..
necessary, and to trim and remove all trees and plants which may interfere with the exercise ,
---....-..-.- ...-...-...-........-
of the CITY's rights under this'Easement Agreement. Timber and plants which are removed
shall become the property of the CITY. CITY covenants and agrees that existing drives,lenes,
fences, or other site features w~ich are removed or disturbed in order to permit construction
and to monitor the Sampling Well shall be replaced by CITY. OWNER acknowledgas the lump
sum compensation set forth above for the Easements rights herein shall include compensation
for all trees and plants to be removed. trimmed, or disturbed by entry and construction of the
Sampling Well.
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_.___.___.__._.._. .. _"'__'J1'..n "'I~
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10, Grassv Araas Raseaded
CITY and OWNER agree that CITY shall cause all grassy areas disturbed by the installation,
repair, or maintenanca of the Sampling Well to be reseeded within a reasonable time after
disturbance, taking into consideration soil and waather conditions.
11. OWNER's Riohts Preserved
OWNER reserves the right to use the real property describad In Exhibit A for purposes which
shall not interfere with the CITY's full enjoyment of the rights granted In this Easement
Agreement; provided, however, that OWNER shall not plant any trees, erect or construct any
building or other structure, or drill or operate any well, or construct any reservoir or other
obstruction within the Easement Area unless otherwise agreed upon by City, in writing." Nor
shall OWNER allow or cause any substantial fill or cut to be made over said Easement Area
without the written consent of the CITY.
12. OWNER's Existlno Wells
CITY and OWNER acknowladge that in the event CITY proceeds to the test-pumping stage
of the Plan, to be performed on a ,well other than the Sampling Wall herein, CITY has a legal
obligation to protect OWNER's water supply in order to assure the OWNER of its continuing
customary and beneficial use of its property, and to protect the reasonable enjoyment of the
OWNER's Land/Property. To this end, CITY and OWNER agree as follows:
....\0.
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11
a. As soon after execution of this Easement Agreement as practicable, OWNER
will provide CITY with the location, numbar and types of existing water wells on OWNER's
Property, in written and schematic form, with sufficient specific detail to enable the CITY to
readily locate said existing wells on the OWNER's Property:" OWNER aiirees"iop'rovide this
information as soon as reasonably possible, in order to enable CITY to obtain ba$eline
information on the OWNER's existing water levels, water quality, construction and condition
of the existing wells, together with the pumping apparatus, pumping rate, pumping capacity,
I
and other factors affecting OWNER's existing walls and weter supply. -.:""',..:_," : '::;':":C:".::::.:':',";:
PARTIES agree that once this information is provided to CITY, that said information will
, , , .. . become a part of this Easement Agreement, to be Incorporated by' reference; "and If: ::,:::::::{' ,
appropriate, to be recorded in the Johnson County Recor,~er's Of~ce, ,~t no expense, ~o
OWNER.
.t... ...
b. OWNER agrees to provide CITY with access to the existing wells, as described
" ..
by OWNER in Subsection 12(al above, in order that the CITY may obtain data on water
quality, water level and pumping capacity; and in turn, CITY agrees to share this data with
OWNER at all times.
13. Alternate Water Suoolv Curina Test.Pumoina Slaae
a. In the event CITY elects to proceed to test.pumping of well(sl other than the
Sampling Well herein, which other wells' location(sl are unknown and not yet identifiable,
CITY acknowledges that OWNER's existing wells now provide reasonable and adequate supply
of water, in order to supply the needs of
families, which the PARTIES agree
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12
is approximataly
gallons par minute. During tha tast.pumping staga, the CITY
'_M'.
agrees that in the event anyone of the OWNER's existing wells described in Paragraph 12
ebove shall be unable to meet the water flow needed to supply the OWNER with OWNER's
customary and beneficial use, for whatever reason, then the CITY shall provide finished or
treated water to the OWNER to meet OWNER demands, at no cost to OWNER.
b. During the CITY's test.pumping stage, CITY also agrees to assume full
responsibility for OWNER's existing water supply, including repair of OWNER's pumping
apparatus, pipe repair or replacement, and supplY,of finished or treated water, as noted above.
.. .. - u....-:-c.
----Notwithstanding subsections a. and b., OWNER acknOWledges that CITY has
no responsibility for acts of God, power outages which cause water supply interruption, or
other events or occurrences caused by third parties which have no reasonabla relationship to' __ _ "
,
"
OWNER's water supply or CITY's activities.
14. 'If CITY Abandons Samolina Well
.... ....~ ...... .-- ,
OWNER agrees that CITY shall continue to own said Sampling Well installed on the Easement
Area, but In the event CITY elects to abandon said Sampling Well, the OWNER shall have the
option to assume full control and ownership of the well, at no additional cost to the OWNER.
If OWNER so elects to assume ownership, OWNER agrees to take over the well "as is,'
without any guarantee on the CITY's part and without any pumping apparatus provided. CITY
agraes to provide OWNER with 'as built' drawings and any other records applicable to the
Sampling Well. If OWNER does not elect to take ownership of the Sampling Well, CITY
agrees to cap said well according to applicable rules, as set forth below.
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15, CITY's Obliaatidn to Protect Samolina Well
CITY shall maintain the Sampling Well in good condition to protect groundweter from surface
contaminants, and shall cap the well according to Iowa Department of Natural Resources
specifications if, and when, the Sampling Well is no longer useful and OWNER elects not to
assume ownership of the Sampling Well. CITY agrees to obtain all the necessary permits
required for such Sampling Well, and to follow all applicable state and federal rules and
regulations concerning such Sampling Wells. CITY agrees to provide information to OWNER,
as needed, in order to comply with Iowa's Groundwater Hazard Disclosure Statement, to be
filed upon trensfer of real property in Iowa, and CITY further agrees to assist OWNER in
completing such forms as may be required, from time to time, in the event of a land transfer; ... ,:"':', ,
~ ..-... ,........ _. . o. .
, "
-.. . - . ... -. ..-.--.--...---...-.---.... ,.--.. .....- ._. - '-""", ..- ..-.--.-..--.---.---.._.__.... n,
16. OWNER's Obliaation not to Interfere with Samolina Well
,.... ,... '. - ..- . ~~ .
".-.. '......, ......
...... .....-. ,..- --. ... -.
OWNER agrees not to interfere with, inject or in any manner contaminate CITY'S Sampling
Well within the Easement Area, end' OWNER specifically agrees to inform CITY of any
interference, contamination or intrusion, of whatever nature, into the Sampling Well, and to
do so regerdless of the contamination source, whether the source is known, unknown or
ideJ:ltifiable. CITY aCknowledges that OWNER shall not be responsible for acts of God or other
acts of third parties, but OWNER affirmatively agrees to inform CITY of any such intrusion,
interference or contamination of CITY's Sampling Well as soon as practicable from time of
discovery.
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17. Eesement Aareement Runs with the Land
"
The provisions of this Eesement Agreement, together with any subsequent Addenda, shall
inure to the benefit of and bind the successors and assigns of the PARTIES hereto, and all
, promises and covenants herein shall apply to and run with the land and with the title to the
land. CITY agrees to record this Easement Agreement, upon OWNER's execution, at no cost
to OWNER.
-. ._..... ". .-. '. ..
"_._~-"-._., ,~,"p--..... ',-..- .-.
"-. _.~--.... "._.. .._..h'_..._.
pated this
day of
,1991.
...~.__._~....__. - --'-- .---:._---.-----------~------~._--- '.-'
OWNER(SI
CITY OF IOWA CITY
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By:
'John McDonald, Mayor
"Attest: -, "
Marian K. Kerr, City Clerk
Address
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,~~=&-.;
CIty AIlomey's Offlce
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OWNERS'S ACKNOWLEDGEMENT
STATE OF IOWA )
I SS:
JOHNSON COUNTY )
On this day of ,1991, before me, the undersigned, a Notary
,Public in and for the State of Iowa, personally appeered , to
ma known to ba the identical person named in and who executed the within and foregoing
instrumant, and acknowledged that he/sha exacuted same as hlsiller voluntary act and deed.
Notary Public in and for the Stata of Iowa
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CITY'S ACKNOWLEDGEMENT
STATE OF IOWA 1
155:
JOHNSON COUNTY )
On this ".'day of ,. -;--1991,--before 'me, --....,--...---..----
. a Notary Public in and for the State of lowe, personelly
eppeared John McDonald and Marian K. Kerr, to me personelly known, and, who. being by
me duly sworn, did say that they are tha Mayor and City Clerk, respectively, oftha City of
Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the
corporation. and that the instrument was signed and sealed on behalf of the corporation, by
authority of its City Council, as contained in (Ordinance) (Resolution) No. passed
(the Resolution adopted) by the City Council, under Roll Call No, ' of the City
Council on the day of , 19 , and that John McDonald end
Marian K. Karr acknowledged the execution of the instriiiiiBrit to be their voluntary act and ~::.:....,,=::
deed and the voluntary act and deed of the corporation, by it voluntarily executed.
..._ ..._ .. ..., _ _..______..._ _.._,..,__._,.. .., Notary Public in and for the State of lowe ....,-
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Slate of r
Wellh owa
ead nrotection P
rof!1'am
Iowa Departm
Surface and G eat of Natural Res
eoundwalee p ources
W eOleetio B
alee Supply S' n ureau
eehon
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Tnble or Contents
Program Overview
4
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lotroductioo
5
Program purpose and Goal
5
Autbority
6
Delineation of tbe Wellhead Protection Area 8 I
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i Cootamination Source -Identification 11 I
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Inventory Questionnaire 14 I
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Management Approaches 15
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Contingency Plans
17
New WeD Construction
18
AppeodixA: Environmental Programs'
19
Appeodix B Groundwater Protection Program Summary
23
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, Suggested List of Poteotial Contaminants
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. D: New Well Construction Rules
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'k'~t quantities of groundwater. Therefore, groundwater has become a primary
"g'watcr in the state. Protection of this resource is important to the slate's overall
'protection efforts, Iowa has developed an extensive regulatnry fralllelyork for the
point,source pollution, and a comprehellSive groundwater pollution prevention program for
.'of non.poin! pollution. The most practical approach to enhancing these existing efforts to
' '
,';p~dwater resources is greater involvement on the local level. The wellhead protection
, ,piovideslhis opportunity,
,{).. '
, ". wcllhead protection program is a voluntary program designed to be implemented on a local
,~':~ij'by public drinking water supplies. Public water supplies arc encouraged to develop and use a
,~0 ~ead protection p~ogram. How~ver, the development and use of a wellhead protection program is
"~' ~ mandatory, Public water ~up'plies that choosc to dcvelop a program may ,benefit fr?m ,greater
Xc; ''-''d.lSurancc of a safe supply of drinking watcr and a reduced need for future contammaot mOl1llonng .
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Vt '. An acceptable wellhead protection program will have the following four key clements:
~ ,
Delineation of n wellhead protection area around each oublic water suoolv well,
Initially, the wellhead protectioo area has been established by the Iowa
Department of Natural Resources (DNR) at a fIXed radius detennined by the
hydrogeologic sctting of each well, Public water supplies may redefute thesc
areas to reOUl a greater understanding of the hydrology of the area
(provided that the method of defming the wellhead protection area provides
at least as great a level of protection as the fIXed radius established by the
DNR).
Identification of all nntential sources of contamination in each WHP area, The
water supply establish a wellhead protection management area around each
well and inventory all potential sources of contaminntion within that well's
recharge area. The identification of potential sources of contamination will
be plolted on 7 1/2 minule topographic maps or thcir equivalcot, This
inventory will reviewed and updated at least once every lWo years,
Develonmenr of n manal!emenr prQI!Tnm to mnna{!e notenrial sonrces of
contnminatioo, Public water supplies will prepare m~gement plans to
prevent contamination from various sources and contingency plans to addrcss
eontaminntion in the event of a pollutant rclease.
Contin~encv plans for ohtainin~ alternnte drinkin~ Wijt'LslIDplies for each Dllhlie
water supolv svstem if contamination OCCllrs:
These arc each described further in tbis document. Iowa's wellhead protection program aeliviries arc
designed to enable local governments to protect areas surrounding public water supply wells within
their jurisdiction, The department encourages participation in the program by local governments and
service organiz<llions, and will provide information and technical d.lSislance to local governments as
resources allow, The responsibilities of local government include three clements:
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'iW;lJhcad Protection Program' was created by the 1986 amendments to the Safe Drinking Water
" '(~DWA), The intent of the program is to provide protection from contamination of sources for
irPlWJic drinking waler wells, The Stale of Iowa recognizes the importance of protecting the area around
!~,r.ler.!lipply well, This is evident in the State's driukiog water and groundwater programs.
":-~,l,,~1. .
l:,;;::,' ~A1,lhougb the State of Iowa does not have a formal 'weUbead' protection program, many of the
!' "', clements of the program estahlished under the SDWA amendments are already implemented in
~~1;:",. existing drinking water and groundwater protection programs, The most prominent example of this is
..r:~;' the quite successful regulation ensuring ownership or legal control of a 200 foot radius around any
'"~( r r. , approved water supply weU, and prohibition of contaminant sources wilhin the distances specified in
,:t{"/ Chapter 43, Table A. The field office's site survey program is a large part of the success of this
.,. ',l\;' , regulation. However, due to the continued possibility of drinking water source contamination, the
",f;"; , IDNR has chosen to participate in the development of a wellhead protection program effort so as to
:~:t:' further protect sources, This document is intended to help local agencies put together a successful
~rr, " locally based wellhead protection program,
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Major components (required under federal law) for a state wellhead protection program include:
. The duties of state, local agencies and public water supply systemsj
.
. Determination of a wellhead protection area around each public water supply wellj
. Identificution of all sources of contamination in ench of these areasj
. The development of a management program to manage potential sources of contaminationj
. Contingency plans for obtaining alternate drinking water supplies for each public water supply system
if contaminntion llCaIrsj
. Considcration of sources of contaminatinn in siting of new drinking wntcr wcllsi
. Ensure public participation,
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Goal
F,J of the Iowa Wellhead Protectioo Program is to provide public water supplies with the chaoce
'ea their water resources at the local leve~ aod thus, enhaoce their prescnt drinking water
, 'OlI.\. The program is designed to enable public water supplies to prevent contamination of their
'~ ihrough planning, minimizing the location of hazards, aod eliminating existing haZards: It is a
:~fo/untill}' program, Local ideas and initiatives arc welcome. The program is intended to meet the
'~)~~ead protectioo provisions of the Safe Drinking Water Act Amendments of 1986,
.'~'--"
:(Since the passage of the Iowa Groundwater Protectioo Act in 1987, the State of Iowa bas focused much
/' 'of its aUention on prevention of environmental contamination. The premise for such ao approach is
,W' ; that cleao.up is far more costly aod socially disruptive than the actions necessary to avoid such clean.
: up, Such considerations are importa~t to public water supplies, where treatment of a polluted resource
can be extremely expensive and significantly add to the cost of drioking water to the consumer. The
Wellhead protection Program enables public water supplies to assume a more active role in locally
preventing pollution by identifying areas around their drinking water wells that are believed to be the
most vulnerable to groundwater contamination aod in limiting the activities that are permitted in such
areas, Such a local approach can result in appreciable cost savings to the municipality. It has been the
experience of IDNR that preventioo pays,
Authority
It is the policy of the State of Iowa to prevent contamination of the S!oundwater resources to the
greatest extent practical. To enable the State to follow through with this policy, the Iowa Department
of Natural Resources bas been given general authority to administer a wide raoge of regulatory aod
non-regulatory programs to prevent water pollution under Chapters 4558 aod 455E of the Code of
Iowa. The DNR has the primary responsibility for protection of environmental quality in the State of
Iowa, Other federal, state and local agencies aod groups conduct their programs and activities in
accordaoce with the State's policy, A detailed list of programs related to groundwater protection can
be found in appendix A. Specific authority for the Department to assume responsibility for these
environmental protection programs arc established in 4558 and 445E of the Code of Iowa,
,
~ stated in 4558.172(1) Code of Iowa, 'The Department is the agency of the State to prevent, abate,
or control water pollution aod to conduct the public water supply program,' And, under 4558,173(1)
'the Commissioo shall: Develop comprehensive plans and programs for the prevention, control and
abatement of water pollution,' Under the authority of 455E,7, 'The Department is designated as the
agency to coordinate aod administer groundwater protection programs for the State,' The Department
has exercised this authority in estahlishing aod administering the state's environmental protection
programs, including groundwater protection.
A number of other State and local agencies also have authority aod programs designed to protect the
State's groundwater resources from contamination, (Table 1) The Iowa Departmeot of Agriculture
aod Land Stewardship (DALS), Pesticide Regulation Division is responsible for enforcing the Federal
Insecticide, Fungicide and Rodenticide Actj as well as requirement of Iowa's Code, under 200, 201 and
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(;... ;f,).f~bli~ Water supplies arc responsible for identil)ing all potential sources of contamination within a
, ~l: JP~~jj'Cllhead protection area. Public water supply personne~ voluntary help or contracted peisonnel may
r~'~":{'wnduct the inventory, Public water supplies may rely on local government organizations such as
, p,', 'assessors, fue departments, sheriffs deputies, county sanitarians or civic groups.
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Persons designated to perform the inventory should be supplied with a list of iJSSlblc contamination
sources (Tahle 2). The DNR suggests that individuals conducting the inventory be provided with an
inventory form similar to the following example. The example form below contains the minimum level
of information aca:ptable for a wellhead protection program,
.Illllkl; Suggested Site Inventory Questionnaire
SUGGESTED SITE QUESTIONNAIRE FOR INVENTORY
PWS ID
PWS Name
Well #
Date of inveL\lory
Subcategory (from appendix A)
Proper Name
Address,
Owner/Operator
Location (Lat./Long)
Distance to well
Means of measurement
Material(s) Handled Or Stored On.Site (Please Circle)
1, PCB 12 Nematicides
l Gasolil1e 13 Herbicides
3. Diesel Oil 14 Insecticides
4, Other Fuels IS Fertilimrs
5, Acids 16 Metals
6, Waste Oil 17 Petroleum Solvents
7, Caustics 19 Radiological
8, Poisons 19 Organic Solvents
9 Salts 20 Leachate
10 Septic 21 Unknown
11 Ho,:~~hold waste 22 Other
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Iowa City's Water Quality - From Complaint
To Possibility
by Edward A. Moreno and Edward H, Brinton
Ect.vard A Moreno is Assistant Water Superinterdent, ard Ect.vard H. Brinton is Water Superinterdent for the city of Iowa City
The Rodney Dangerfield Syndrome
Berke Breathed, creatorofthe Bloom
County comic strip, made a testimonial
to the water qualilY in Iowa City in his
farewell cartoon 10 Iowa Cily, In the
cartoon, Opus and his friendaresiltingat
the Downtown Mall founlain, OpUSSlales
he will miss everything about Iowa Cily
... except the water, The water IaSles like
'Spic 'N Span' (Figure I),
The Ever.Changing Iowa River
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The Iowa River is the primary source
of raw water for Iowa Cily, TheCoralville
Dam/Reservoiris loeatedapproximately
3 miles upSlreall1 of the Iowa City water
planlintake, At normal conservation, the
Coralville Reservoir pool is approxi.
mately 21.7 miles long with a surface
area of 4,900 acres,
The water qualilY in the Iowa River
can vary dramatically from season 10
season, For example. loial chlorine de.
mand can vary from 4 mg/L to more than
25 mg/L; rawwalerlurbidilyranges from
3 to 10,000 NIU; iron has ranged from
<0.1 mg/L 10 1.6 mg/L and manganese
has ranged from <0.1 mg/L to 0,6 mg/L,
These variables coupled with algae
blooms. walertemperalurechanges,and
the raising and lowering of the reservoir,
make the river water difficulllO lIeat at
times. Spring has always been nolori.
ously difficull, Drawdown of the
Coralville Reservoir in February releases
cold water, that is heavily laden with
organic maller, Nillates have been mea.
sured as high as 65 mg/L as NO"
DwtI Treabnent Plants - Old und New
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11le Iowa City Waler system was pri,
valely owned until 1961. The Grade IV
water lIeabnent facilities have always
been localed on Nonh Madison SlIeet on
the eaSI bank, The fncilities include two
separaie lIeatmenl planlS (Old and New)
, ' . .
':"~l'~''''''-~-'-H'.;4.JI.';t''il ,,:1..' ".~.'i .;:.
Figure 1, Berke Breathed cartoon (by permission Iowa CUy Public Ubrary)
that havea capacity of approximalely 12
million gallons per day (mgd), Average
flows are approximately 6.5 mgd with a
peakflowexperiencedduringthedrought
of 1989 al10,6 mgd,
Early ponions of the Old plant were
conslrUcledin 1882, Thisplantnormally
processes one.founh 10 one,third of the
city's Ilea led water. It has two rapid mix
chambem, a baffled flocculation basin, a
, sedimentation basin with no sludge col.
lectors, and six rapid sand fillem,
The New plant was constructed in
1963 and expanded in 1972, The New
planl normally processes two,thirds to
three,fourths of the city's drinking wa.
ler,llconsislSoftwosolidscontaclclari.
fiem, and four dual media rapid sand
fillers, In 1972 a compulerized cnnllol
system for both planlS and distribution
syslem was put into operalion, The Ileal,
ment process for both planlS includes
screening, addition of a calionic polymer
and chlorine dioxide, coagulaliontnoc.
culation with alum and lime, sedimenta,
tion, chlorination, fill1ation, n uoridution,
and poSI chlorination,
In 1955, all,electric pumps were in.
stalled, replacing coal fired boilers and
12
steam and gasoline engine driven unilS,
A deep weU (Jordan aquifer) was con.
structed in 1963,
Attempls to Find the Right Recipe
In the past six y= effoos have been
made 10 improve the flexibility and effi.
ciency of lIeaUOent by adding chlorine
dioxide as a pre,oxidant, changing cal.
ionic polymer, and adding an anionic
polymer for belter clarification and by
,fme luning operational paramelem and
laboratory procedures and techniques,
The entire computer control system was
upgraded in 1989 with Allen Bradley
PLC's, Bailey DP instrumenlS, in,line
turbidimeters, and an interaclive soft,
ware package called the FIX,
Even though there has been an overall
improvement in water quality, 10ll'a City
had 10 notify consumers of nitrales in
excess of 45 mg/l.. as NO, in 1990 and
1991.
11le Water QUIlIIt)' MlllUIgemenl PL1n\
As pan of an ongoing effnn 10 make
improvemenlS 10 the source and tteat.
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ment facilities of the Iowa City waler
system, the Water Division has initialed
a Comprehensive Waler Quality Man.
agement Plan to delennine nCl:essary
improvemenlS, The city contracled with
HowardR. Green, Consulting Engineers,
to help prepare the study, The purpose of
the study WilS to esrablish a water supply
management plan that will insure that
Iowa City will meel current and future
drinking waler standards, provide waler
that is aesthetically and environmenrally
aeeeprable 10 the general population of
Iowa City, and delennine improvemenlS
necessary to supply Iowa City's waler
needs through the year 2030,
Several critical conraminanlS were
identified that could prove 10 be prob.
lems: (1) Nitrates, (2) Toral Trihalo.
methanes ('ITHM's). (3) Turbidity. (4)
Alaeh/or, (5) Atrazine (6) Residual Sol.
ids (handling and disposal), (7) Iron, (8)
Manganese, (9) Color, and (10) Taste
and odor
Possible Facility ImprovemenlS
The repon WilS submitted to the City
Council in April 1991. Some ofthema-
jor conclusions and recommendations
ineluded:
. If the existingplantwilS to be utilized,
majorrenovation wilSrecommended,
with the addition of lime soflening,
ozonation, grnnular activaled carbon
filtration. and solids handling facili-
ties,
. The projecled avemge day waler de.
mand for the year 2030 is 10.5 mgd,
The projected peak day demand is
15,5 mgd,
. The existing plant could be upgraded
10 have a maximum capacity of 6,8
mgd, The Old plant would be demol.
ished and land uscd for other pur.
poses because of the land constrainlS
at the present sile, TIlis plant site
could not supply 100% of the pro.
jctled water demands.
. Existing information indicates the
, prescnee of alluvial and buried chan.
nel aquifers south oflowa City, 'l11or.
, oughgroundwaterinvestigationstUd.
ies to delennine the capabilities of the
alluvial and buried channel aquifer
there should be conducted,
'If groundwater investigations indI.
eate that the groundwaler aquifers
~"-""'-'-""'.'_.'-""';'''''\'\:'':';i';'."."
.propo5ed;arE!~5forwell,5tudy, ,
' A 'Iudy, by tho city 01 ~wa City, has dOlorm'n.d Ihallwo ara.. in..
"Johnson Counly could ba ilk.tv arm lor w.n.. Th. undorglound ' '
': walor In._,thBIi,~ ,~~~~r~~,D,~~Jd ~~~~~~Y~~lJ ,~,at~r:fOt"I~_~_~. :
L9.l.ty.:';~,:~~ ',: ,:;:~,:;, f~:.:;,ir;L\'.;'>>.::t:\~'.J:'.:':~J1,:!,,'.,~\,\ ,'.:.~:;..i.Mo',,,,'.~',,.:"~~;~>^~~;'!"".')'" .~, '
l
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~.!.O'l~fL_
WllNnc.... Cowl~
G!i~.;~;y,\9~~U~~I~1f
aS1n"',:';'Ca'dr"k'
Tha anu~aJ &qUi" I. 80,110 f.al
d..p and couid yl.~ 30000100
gallons of walar a minute. .
Th. buri.d ch811n.' aquif.r i.
" 20a'275 t..r d..p and could yia~
. -":',:i'~ ,up 101,000 gallons of wal"r 8
)" ',c', m~ U,I,~,' Burledchannel,aqulfer
\. \ ~~~l'.l'~'",: mej.. d
' . " rJ:'i, n
, ....f,~ mEl,aYII1l
--;ro- ..~~ Slny
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TlnIWhit..Icr.tt.CiryP'....cillun
Rgure 2, Test drilling area south of Iowa City
can supply 100% of the city's needs,
then the existing surface plant could
be abandoned,
quite variable, Maximum conraminant
levels for health relaled pammelers (ni.
trales, TI11M, pesticides) arc exceeded
at times depending on river flow ,scason,
and precipiwtion, The current plant site
is not large enough 10 construct ueat.
ment unilS to provide desirecl walcrqual-
ity for 100% of the city's futuro needs;
howel'er, the site is adequate to construct
treauneDl unilS to provide desired waler
quality for aboUlI/2 of the cit}"s future
nceds,
Groundwater from the Jordan Aqui-
fer, The quantity may be sufficicnt for
future use, although thcconcentralion of
mdium, sulfates and total solids may
Possible Source Improvements
The Comprehensive Water Plan in.
eluded studyof several known raw water
sOllrcesandrecommcndcd further inves,
ligation of two, an Alluvial aquifer and a
Buried River aquifer (Figure 2), Below
is a brief summary of the sources:
SlIIfaee warer at the existing Iowa
River intake, TIlc qunntity is sufficient
for future use, Howevcr, tlle qunlity of
treated water witll tite current plant is
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make this wmcr undesirable, visors, Meetings have been held between Also, there arc few domestic wells 10 the
Groundwater from the Silurian/De. city and rurnI businessmen, Written and depth being investigated in this study
vonian Aquifer. The quality is accept- verbal correspondenee is continuing be- area. II appears that the buried channel
able nonheast and east of Iowa City but tween the Deparunent of Natural Re- aquifer may span across several coun.
the quantity is not adequate 10 meet the sources and city staff as well as other lies,
city's current or fUlure needs, governmental agencies, Over200 letters The city is also interested in existing
Groundwater from the alluvial aquj. describing the investigative projeet have and potential conlamination sources in
fer southeast of Iowa Ciry(70 -llOfeet been sent 10 individual land owners in the study areas. Initial sampling has
deep), The quality is acceptable with the study areas, In addition, Wmer Divi. shown no contamination in either aqui.
exception ofiron concentrations, Use of ska staff have met with many rurnlland fer and the city will do more sampling
this aquifer would require consb1Jction owners over coffee at the kitehen table and testing alilIough it is not expected 10
of an iren removal water treatraent planL either individually or in small groups. show Cllntamination,
The existing geologic and hydrologic HowardR. Green has generated good
data indicate ilIat there may be aquantity graphic and narrative public communi. What's at Stake
sufficient to obtain one.third to one,half cation material 10 ald the city staff to
of the city's future needs; however, fur. explain ilIe complex project to technical The future oflowa City water will be
ther sludy is needed to verify boiII ilIe and lay persons alike, determined following the completion of
quantily and quality, The city expeclS 10 continue 10 lry this study, Theprelimiruuycostestimate
Ground water from a buried channel different avenues of Cllmmunication in. for a new water supply system using
aquifer southwestofHiIIs(l75 - 275 feet eluding a newsleuer, a newspaper col- either alluvial or buried channel wateror
deep), Quality is good wiiII exception of umn, video, and demonstrations of drill. a combination of the two is approxi-
iren concentration. Again consb1Jction ing procedures, mately at SI6 million, The preliminary
of iron removal treatraent plant would be cost estimate for renovation ofilIe exist.
required, In addition, the existing geo. The considerations that ing surface water treatraent plant and
logic and hydraulic data are not well consb1Jction of anew groundwater treat.
known for this aquifer, Itis believed this will determine the choice ment plant to supply a portion of the
aquifer has the potential 10 supply a high the city takes are too nu- city's drinking water needs is approxi-
percentageofilIecity's fulureneeds, but merous and r.omplex to mateIy $16 million. And the preliminary
further study is needed to verify the wa. even attempt to list. But cost estimate of consb1Jction of a new
ter quantilY and quality. water quality will be im. surface water treatment plant ata differ.
ent location is approximately $25 mil-
What's Happeniog Now proved with whatever lion,
choice is made, The current cost of water for the Iowa
Currently. Iowa City has contracted City consumer is expecled to double,
wiiII Howard R, Green and Layne West- Common Concerns The Cllnsiderations that will deter-
ern 10 complete a ilIorough investigation mine the Choice ilIe city ta1ces are 100
of ilIe alluvial and buried channel aqui. The city is inlerested in making ilIe numerous and complex 10 even altempl
fers as potential sources of waler, Sev- best possible choice for the future, The 10 liSL But water quality will be im-
eral investigative meilIods will be used, lest drilling and test pumping will help 10 proved wiiII whatever choice is made,
including; answer many questions concerning the And a requesl will be made by ilIe
. Compilation of hydrogeologic maps two aquifers, In addition 10 questions Water ,Dilision for ilIe original Berke
and reports available from federal, about quantity and quality, the city is BreailIed cartoon drawing ilIat is now
state, and local agencies, and infor. inleresled in the potential interference displayed in the Iowa Cily Library 10 be
mation from privale well drillers impact on domestic wells should pro, donated for prominent display in the
. Geophysical surveys conducted at duetion wells be drilled, The alluvial and city's water treatment facility as a lasting
ground surface, buried channel are very differenl with legacy of the history oflowa Cily wmer,
. Borehole sampling procedures, and respect 10 the interference queslion, The
. Geophysical logging ofilIe boreholes, alluvial aquifer appears 10 be recharged IOWA
A seismic reflection procedure will by the precipitation and infillmtion, The GROUNDWATER
be used in the buried channel area 10 ASSOCUTION
alluvial area is inlensely fanned and in, .,-, ,
determine ilS location, eludes many large hog conrmement op. o ,~, ,.>,' '.1 ~:.<'..",,;, "~'~~,(',,;&l.'~; (~, ,<~~~-:,,~
erntions and a wetlands arC<!, Most of ilIe CDIUlllIllCATlOII , IDUCAlIOIt . IltIUIICH
Communications domestic wells in Ihis area arc in the
Communications at multiple levels alluvial aquifer, Join 11s rocfayf
1110 buried channel aquifer is localed
has been critical to Ihe projecl, Discus. in an arC<! tlml is less inlensely farmed IGIV A Membership Application
sions have occurred between the City and includes some 10waRi vcr flood plain, Page 25
Council and the Coumy Board of Super-
14 77
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Iowa City Water Department
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Technical Planning Group
Winter 1990
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IOWA CITY WATER TECHNICAL PLANNING GROUP
PRIORITY TERM DEFINITIONS
On Wednesday December 5th at 7:00 P.M. the Iowa City Water Technical Planning
Group met and assigned priorities to the issues and concerns generated from
the group. The following are definitions assigned to the terms by the Techni-
cal Planning Group. '
Germs: 'All types and kinds of bacteria and microbiological beasts that might
be found in the water.
EPA Standards: Environmental Protection Act'Standards. There was no specific
alluding to the Clean Water Act Standards, although I bel!eve these could be
imp lied wi th the EPA standards. ' ,
Communication/Warninq: ,Ongoing strong communication and, if necessary, public
warnings about the make-up, safety, health and related aspects of the product,
that the Iowa City Water Division provides. The nature of this communication
is consumer-oriented.
Bad Chemicals/Chlorine: ,Included in the definition of bad chemicals would be
any,types of pesticides, herbicides, and chemicals that occur naturally or the
result of seepage into either surface or well water supply sources. Chlorine
concerns centered around the amount of chlorine that was being used to clean
the water treatment process. Chlorine was initially presented by the group as
a stand~alone issue. It was later consolidated with the bad chemicals. It
was identified that chlorine in and of itself may not be harmful, but the
doses which may be used from time to time to process raw water may have some
concern~. '
Deoendable: There were several definitions that I perceived in the term
"dependable". One was that the water utility provided a reliable source of
quality and quantity of water. Public confidence in the qualitv of water is
the second meaning. '
Cost:, This was a mixed issue in terms of priority. The group was somewhat
split as to whether or not cost should be a first or a second priority. Many,
perhaps almost half of the group, felt that citizens of Iowa City will be less
concerned about spending additional money for water, if the quality is signif-
icantly improved. The concept almost consistently was seen as a consumer-
spending related issue.
'Taste/Odor/Color: Taste and odor were initially placed together, and color I
was identified as a separate issue. The group consolidated the three togeth-
er. These obviously were important issues that have to do with the quality of
the water as much as anything else. The taste, odor and color should be pleas-
'ing and consistent. These three issues were less important than actually high
quality (pure) water. '
Public Awareness: Regular communications between the water division and its
consumer publ ic need to be provided. The public has a heightened awareness of
the water' utility at this time. All too often that awareness is in a negative
vein. I believe the group's prospective on this issue was that there will be
a need for a public relations program to help reverse some of the reputation
that the Water Department 'has. I believe that the perception of the group was
77
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Iowa City Water Technical Planning Group
, Page 2
that the Water Department was very aware of its public health obligations and
has ,handled the nitrate-related issues appropriately.
Bgliabilitv/Volume/Pressure: The issue here was that there was a consistently
, reliable source of water; that there was adequate amount of water for f.uture ,
and that the pressure at anyone location within the city could be sustain~d.
Consistency: Consistency here was 'in terms of water 'qual ity. That the hard-
ness factors, the dissolye solids and minerals and other factors of quality
would remain basically the same, regardless of the time of year or the season
or the conditions of the Iowa River, (should that be the source of the water)
Total Dissolved Solids and Minerals: This issue was primarily derived from,
the commercial users. It addresses the heavy metals, non-health risk-dis-
solved minerals and hardness factors that exist within the water, Those
organizations that use water as part of the manufacturing ingredient and those
who may use it jor laundry or for dishwashing had some concerns.
I
Source Ouality: There were actually two working definitions on the concept of
source quality. One definition dealt with a desire to upgrade the quality of
our present sources of water by looking at sustainable agriculture and the
reduction of runoff into the Iowa River. In that sen~e a public relations
program needed to be 'mounted to upgrade and make people aware of the impor-
tance to upgrade the, qual ity of Iowa I s rivers and streams. The second issue
had to deal with more of a conflict of surface water sourcing and well sourc-
ing. I don't believe that there was any particular consensus as to one being
better than the other.
Confidence:' I believe that this again is a public relations issue. The group
felt that it would be important for consumers to have a sustained confidence
level in the quality of water over time. I think the terms of consistency,
public awareness, communications and warning all are wrapped in the confidence
issue. The bottom line on confidence was that a customer could consume a
glass of water at any point of time during the year and have confidence that
it was a consistently safe product:,
Conservation: There were some split ,feelings within the group as to the role
of the Water Department in promoting conservation of water - whether or not it
was in the department's best interest to promote conservation or to promote /
, utilization of water. There is no question that the group was unanimous in
terms of its intent on the term conservation and that was conservation of the
product water.
Facilities: The purpose or the intent behind this issue was that the Water
Department needed up-to-date flexible facilities that were contemporary,
worker-friendly, safe and effective, Efficiency had to deal with the capacity
of the water treatment distribution and sourcing systems, so that they run at
an effective and cost-saving manner.
77
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Iowa City Water Technical Planning Group
Page 3
"
Reoional Persoectlve: The regional perspective here was both neighbors within
the city and neighbors adjoining the city limits, who might have a direct
Impact on either source of water or the disposal of sludges. There was no
real discussion of the sludge Issue as such. An example that was presented
was, "should we be encroaching on well water from the City of Coral vlll e" ,
And generally the perspective of the group was a very parochial one. Iowa
City needs good water and should ,try to get that water regardless of what its
impact might be on neighboring communities.
Future Product Needs: This was somewhat of an unknown, but the terms flexi-
bility and ability to adjust the treatment process, to reflect increasing
standards of water quality or to protect the water quality from unknown con-
taminants in the future needs to be addressed. '
, .
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CITY OF IOWA CITY
IOWA CITY WATER TREATMENT DIVISION MEMORANDUM
DATE: December 7, 1990
TO: All Members of the Technical Planning Group
FROM: Edward Brinton
RE: 2nd Meeting on Tuesday, Dec. 11 at 7:00 PM.
This is a reminder of the 2nd meeting on goal setting which will
also be at Howard Johnson's. If you are unable to come will you
please call the water plant at 356-5160 and leave the message?
\ Enclosed is the list of issues/concerns which were generated by the
,I group along with the points and priorities given. This list will
serve as our agenda for the 2nd meeting.
Dan Lovett, one of the engineering consultants" along with Ed
Moreno and myself wi 11 address each issue. Dennis Schrag wi 11
serve as moderator. We will describe our understanding of each
of the issues, the' direct ion, the study has been tak i ng and the
emphasi s we have placed on it. Your job wi 11 be to val i date or
redirect our work based on your own perspective.
If time permits, we will also ~a1k about the other issues which are
in the scope of the study but which were not specifically
identified by your group.
We will work out the date for the third meeting as well. Please
bring your calendars so we can get the best fit. The purpose of
the third meeting will to present the conclusions and
recommendations of the study and obtain your reactions.
I hope we will see you Wedn~sday.
"-"'.~'. .-...".
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PIIONE (l19) 356",000 :
fAXlll9} 1"'100977 :
CIVIC CENTER. 410 E. WASlIlNOTON ST.
IOWA CITY IOWA 'lHOol126
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IOWA CITY WATER DIVISION MEMORANDUM
'--.21-
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CITY OF IOWA CITY
DATE:
January 4, 1991
TO:
All Members of the Technical Planning Group
FROM:
Edward Brinton, Water Superintendent
RE:
3rd Meeting on Tuesday, Jan. 15 at 7:00 PM,
This IS a reminder of the 3rd meeting on goal' setting which will
also be at Howard Johnson's. The meeting date was changed from
Jan. 8 because of too many conflicts. If you are unable to come
will you please ca 11 the water plant at 356-5160 and 1 eave the
message?
Enclosed is the current list of issues/concerns which were
di scussed by the group at the second meeting. To th i s 1 i st the
consultants and city staff have added these additional
issues/concerns which were not specifically, identified by the
group:
.,.safety (for water plant workers)
...operation & maintenance considerations
...waste products or reuse opportunities
We have cooperatively created a list of 21 issues/concerns which
will be used to help guide the planning process and help evaluate
alternatives or choices.
In some cases the list of issues/concerns will not be necessary:
.,. where there is no reasonable alternative,
... where there is no choice,
.'. where a selection is mandated by law or regulation.
An example would be to consider no disinfectant, The list of
issues/concerns wi 11 be used to he 1 p eva 1 uate a 1 ternat i ve
disinfection solutions.
It will be easier to use a shorter list with no overlap or little
confusion as to the meaning. During the 3rd meeting, we will
attempt to compiete the description or each or the lssues and
::ncarns and the emphasis which hds been placed on it. Your job
will be to continue to valIdate or edlt the lIst baseD ~n your own
perspective,
ThlS procedure is I:lelpful where' environmental issues, personal
values or opinions are used in addition to aconomi: or engIneering
issues, '~e IIli1 go through a fe~1 e.-amp]"s to sl1.;,'", /1';'W :116
pr~c~dure i s -=;.:c~c:~.::! to \vor:,.
J'(,'l':' '
CIVIC tESTER. 410 E. WASIlISOTO~ n.
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Four situations are briefly descr1bed here. More detall on each
of the s i tuat ions will be discussed at the 3rd meeting. These
examp 1 es are 1 i ke 1 y to be in the f i na 1 recommendat ions of the
study. We will be observing your reactions and comments to guide
further work. You wi 11 not be expected to fu 11 y understand or
help evaluate all 4 situation with all 21 issues/concerns.
Situation ~ 1, RIVER WATER / SHALLOW WELL WATER
Both river water & shallow well water will be used as major
sources. In the future, as much as 40% of the drinking water
source would come from shallow well water. At this time none comes
from shallow we 11 s, The a 1 ternat i ve is to continue to use the
river alone as the major source and to constr~ct all improvements
at the existing (or some other) site.
Situation ~ 2. TI,!O TREATMEIH PLANTS
An expansi on of the water treatment plant will be requ i red to
supply the continued growth of the City no matter what the water
source. A decision on one or two sites needs to be made.
Situation ~ 3. TWO DIFFERENT WATER QUALITIES
Wi th two water sources and two treatment plants, two different
water qualities will probably result. Those who receive water
predominantly from the river water plant will have water similar
to, but better than, the' present even wi th major improvements
needed to meet the new drinking water standards. Those who receive
water predominantly from a shallow well water source and treatment
plant would receive water which is likely to be better and more
consistent.
Sit:Jat~on #~, AERAT:ON TO REljOVE VOLAiILE MATERIALS
It is possible to use a process called aeration to remove some
volatile materials from the water source and improve ~ater qual:ty.
The materials removed '.i11 be e;<pelled into ':.:1e :.tmoscnel"e near the
water treatment plant,
77
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IOWA CITY WATER TECHNICAL PLANNING GROUP
Adjust. Priority Issue/Concern Value Cost Time Total
1 Germs 5 5 5 15
1 EPA Standards 5 5 5 15
1 Communication/Warning 5 5 5 15
1 Bad Chemicals/Chlorine 5 5, 5 15
1 Dependable 5 , 4 5 14
1 Cost 3 5 5 13
1 Taste/Odor/Color 5, 3 5 13
..
2 Public Awareness 5 5 5 15 I
2 Reliability/Volume/ i
i
Pressure 5 2 5 12 I
,
1
2 Consistency 4 4 5 13 !
2 Total Dissolved Solids/
fli nera 1 s 5 3 ,3 11
2 Source Quality 4 3 1 8 ' '
3 Confidence 4 '3 5 12
3 Conservation 4 1 3 8, i. ;
.
3 Facilities 3 3 1 7
3 Efficiency 2 3 1 . 6
3 Regional Perspective 2 1 4
3 Future Product Needs 1 1 ,1 3
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Adjust. Priority Issue/Concern Value Cost Time Total
1 Germs 5 5 5 15
I EPA Standards 5 5 5 15
;
1 Communication/Warning 5 5 5 15
I Bad Chemicals/Chlorine 5 5, 5 15
1 Dependable 5 4 5 14
1 Cost 3 5 5 13
1 Taste/Odor/Color 5 3 5 13
2 Public Awareness 5 5 5 15 ,
I
Reliability/Volume/ i
, 2 ,
,
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Pressure 5 2 5 12 ,
\
2 Co'nsi stency 4 4 5 13
i
2 Total Dissolved Solids/ I
flinera 1 s 5 3 ,3 11 ,
,
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2 Source Qual i ty 4 3 ' 1 B !
3 Confidence 4 '3 5 12
i
3 Conservation 4 1 3 8, I
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3 Facil ities 3 3 I 7 I ' '
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3 Efficiency 2 3 1 6 I
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3 Regional Perspective 2 1 1 4
3 Future Product Needs 1 1 ' 1 3
77
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City of Iowa City
MEMORANDUM
Date:
December 18, 1992
City Council (~' ) d~l~
Karin Franklin, Director, Planning and coriimU ty evelopment
Cultural/Conference Center Focus Groups
To:
From:
Re:
As part of the cultural/conference center feasibility study being conducted by Camlros LId" focus
groups will be held In early January In order to receive Input from community members regarding
the proposed cultural/conference center, Attached Is a copy of the letter that was mailed to 80
Individuals Inviting them to attend one of four focus groups to be held during the evenings of
January 6th and 7th, The Information gained from the focus group sessions will then be used In
determining the feasibility of a cultural/convention center in the community.
I
-..-,....-.~....., ~_..,.,....,~..~---
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December 18, 1992
Dear
The City of lowe City would like to invite you to take part in one of four focus groups related
to the future of a cultural/conference center in downtown Iowa City, The purpose of the
focus groups is to determine community support for the center. The focus group you ar'!
invited to perticipate in is scheduled to occur on Thursday, January 7, 1993 from 4:30 to
6:30 p,m. in the Senior Center Classroom, 28 South Linn Street. Please use the Washington
Street entrance to the Senior Center,
As you may be aware, the City of Iowa City has hired a consultant, Camiros Ltd" to prepare
a study to determine the feasibility of a downtown cultural/conference center in Iowa City.
You may be more familiar with this project by the name. Arts Center. and its proposed
location, the surface parking lot located east of the Holiday Inn.
The consultant and a group of local people interested in the arts and economic development
have identified possible tenants and types of activities which could locate in the proplJsed
cultural/conference center, Your role as a focus group participant is to provide input on the
feasibility and role of this facility, The formet of the focus group sessions will consist of a
brief presentation of work done on the project to date and then an open discussion by the
participants of their reactions to the proposed facility. The focus groups will be small in
number and consist of a cross section of the community, '
We would appreciate a response by December 31,1992 informing us if you will be able to
attend the focus group session. You may respond by either returning the enclosed postcard
or by calling the Department of Planning and Community Development (356-5230), We hope
you are able to attend the focus group session, as these focus groups will playa significant
role In the future of the proposed cultural/conference center.
If you have questions regarding the focus groups, please contact Karin Franklin, Director of
Planning and Community Development (356-5232), or David Schoon, Economic Development
Coordinator (356-5236).
Sincerely,
Darrel Courtney
Mayor
n.\fginY~.
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71
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HEHORANDUM
TO:
Chuck Schmadeke. Public Works Director
FROH: Floyde Pelkey, Supt, of Solid Waste
RE: City Recycling Program Items
'MIl'l'Af, '" WHITIl GOODS - (APPf,IANCIlS. ETC.)
tf!1~
,
, ,
,
The Iowa City Landfill started separation of metal and white goods on 8/1/89, The .Refuse
Division started separate curbside collection of white goods on 8/1/89, The curbside ,i
collected white goods are taken to the Landfill recycle site, White goods are then picked ;
up and recycled by Alter Corp, of Davenport, Iowa, Starting' in November 1992, some !
appliances are being collected from the landfill by State Wide Auto Crushing, Des Haines,
Iowa.
HONTH /YEAR
Nov,. 1991
Dec.. 1991
Jan.. 1992
Feb., 1992
Har., 1992
Apr.. 1992
Hay , 1992
JtUI.. 1992
Jul.. 1992
Aug, , 1992
Sep., 1992
Oct,. 1992
Nov.. 1992
TONS COLLECTED CURBSIDE
1. 80 ton
1. 26 ton
.00 ton
1. 65 ton
2,81 ton
2,47 ton
7.77 ton
3.63 ton
5.89 ton
3.62 ton
3.42 ton
5.55 ton
3.24 ton
TONS COLLECTED @ LANDFI LL
12.34 ton
12,28 ton
13,14 ton
11. 66 ton
11. 23 ton
14.31 ton
18.59 ton
21. 64 ton
19.74 ton
19.12 ton
18.56 ton
21. 73 ton
23.19 ton
The tonnages collected by Alter Corp, and State Wide Auto Crushing do not necessarily reflect
the month that the white goods are collected by the Landfill.
MONTH/YEAR
Nov.. 1991
Dec., 1991
Jan., 1992
Feb.. 1992
Mar.. 1992
Apr.. 1992
May , 1992
JIm., 1992
Jul., 1992
Aug., 1992
Sep., 1992
Oct.. 1992
Nov.. 1992
TONS COLLECTED BY ALTER CORP,
27,69 ton
4,95 ton
12,05 ton
20.09 ton
12,69 ton
4,99 ton
24.71 ton
30.67 ton
13.28 ton
.00 ton
31.00 ton
11. 29 ton
.00 ton
INCOHE FROM ALTER CORP,
$ 828,23
$ 67.83
$ 282.00
$ 567,01
$ 303.96
$ 51.08
$ 775.36
$ 757,19
$ 324,83
$ -50,00
$1,035.00
$ 270.63
$ ,00
79
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MONTH/YEAR
Nov., 1992
TONS mL[,ECTED BY STATE WIDE INmME FROM STATK WIDE
42.77 ton $ 427.70
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Recycle Program Items - pg, 3
TIRES
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The City's tire recycling program started on 9/1/89. Tires are collected at the Iowa City
Landfill and at the curb by the Refuse Division, then taken to the Landfill recycle site.
The tires are picked up by Rosebar Tire Shredding Co. of Vinton, Iowa at a cost to the City
of $75.00 per ton plus a fee for rims collected,
MONTH/YEAR
Nov., 1991
Dec.. 1991
Jan.. 1992
Feb., 1992
Mar.. 1992
Apr, , 1992
May , 1992
Jun" 1992
Jul.. 1992
Aug., 1992
Sep., 1992
Oct., 1992
Nov.. 1992
TONS CO!.!.EGI'ED CURBSIJ)Jl
.00 ton
,03 ton
.00 ton
.02 ton
.30 ton
.06 ton
.50 ton
.19 ton
.10 ton
.21 ton
,23 ton
.10 ton
,00 ton
TONS COLr,EGI'ED.@ !.ANDFILf,
.46 ton
,68 ton
1. 52 ton
1.11 ton
1.18 ton
1. 36 ton
2.00 ton
4,77 ton
1. 03 ton
4.92 ton
3.19 ton
2.87 ton
2.26 ton
. ,
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The tons collected by Rosebar Tire Co. do not necessarily reflect the month that the tires
are collected by the Landfill,
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MONTH/YRAR
Nov.. 1991
Dec.. 1991
Jan,. 1992
Feb,. 1992
Mar" 1992
Apr, , 1992
May , 1992
Jun., 1992
Jul., 1992
Aug., 1992
Sep, , 1992
Oct., 1992
Nov.. 1992
TONS CO!.!.F.GrEn BY ROSEBAR
.91 ton
.00 ton
.00 ton
2.93 ton
2.66 ton
3,66 ton
,00 ton
6.71 ton
3.13 ton
1. 95 ton
2.74 ton
6.00 ton
.00 ton
EXPENSE PAID 'l'O ROSEBAR
$ 69,25
$ ,00
$ .00
$ 276.75
$ 152.70
$ 227.55
$ .00
$ 681. 85
$ 234.75
$ 146,25
$ 205.50
$ 450.00
$ ,00
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Recyc Ie Program Items - pg, 4
NIlWSPRINT
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The City began drop site collection of newsprint on 3/28/90, with seven locations now
available (Econofoods, No. Dodge Hy Vee, City Carton, Eastdale Mall, Recreation Center Lot,
Pepperwood Place, Rochester Hy Vee), The City collects the newsprint from the drop sites and
delivers them to City Carton Co. for processing.
In addition, the City began curbside collection of newsprint on 7/13/92, The curbside
newsprint is also delivered to City Carton Co. for processing, The City pays City Carton Co.
by weight according to the Chicago Market price,
MONTH/YEAR
Nov" 1991
Dee:, 1991
Jan., 1992
Feb., 1992
Mar., 1992
Apr" 1992
May , 1992
Jun., 1992
Jul., 1992
Aug" 1992
Sep., 1992
Oct" 1992
Nov., 1992
MONTH/YEAR
Nov" 1991
Dee" 1991
Jan., 1992
Feb., 1992
Mar., 1992
ApI'., 1992
May , 1992
Jun" 1992
Jul., 1992
Aug., 1992
Sap" 1992
Oct., 1992
Nov., 1992
-,...,----.., ............_'
TONS COLLECTED CURBSIDE
,00 ton
,00 ton
,00 ton
,00 ton
.00 ton
.00 ton
.00 ton
.00 ton
16.82 ton
26,71 ton
33,50 ton
30,14 ton
28,24 ton
PD CITY CARTON:CURBSIDE
$ ,00
$ .00
$ ,00
$ ,00
$ ,00
$ ,00
$ .00
$ .00
$ 168.20
$ 254.80
$ 286.70
$ 328.75
$ 282.40
TONS COLLECTED @ DROP SITES
121. 83 ton
142.61 ton
113,85 ton
107,45 ton
141.51 ton
134,26 ton
153,40 ton
137.48 ton
119.31 ton
108,75 ton
94,52 ton
97.10 ton
97.52 ton
PD CITY CARTON:DROP SITES
$ 1,827.45
$ 2,139,15
$ 1,707.75
$ 1,612.20
$ 2,122.65
$ 1,245,15
$ 1,534,00
$ 1,308.45
$ 1,195,17
$ 1,089.32
$ 743.50
$ 963.62
$ 975,21
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Recycle Prcgram Items - pg. 5
YARD WASTE
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The Iowa City Landfill started separation of yard waste and the Refuse Division started
separate cllrbside collection for yard waste on 5/21/90, The curbside collected yard waste
is taken to the Landfill recycle site,
MONTH/YEAR
Nov,. 1991
Dec.. 1991
Jan., 1992
Feb., 1992
Mar.. 1992
Apr., 1992
May , 1992
JlU1., 1992
Jul., 1992
Aug., 1992
Sep., 1992
Oct., 1992
Nov.. 1992
PIJlSTIC BOTl'IJlS
TONS COLLECTED CURBSIDE
46.88 ton
3.98 ton
.00 ton
10,29 ton
57.55 ton
149,53 ton
166.08 ton
121. 60 ton
155.34 ton
138.19 ton
151. 60 ton
154.80 ton
58.19 ton
TONS COLLECTED @ LANDFILL
703.57 ton
45.76 ton
19.21 ton
21. 73 ton
97.~5 ton
219.82 ton
276,12 ton
200.91 ton
233,61 ton
175.49 ton
170.22 ton
249,85 ton
94.53 ton
The City of Iowa City began drop site collection of plastic milk jugs all 6/12/89, with eight
locations now available (Econofoods, No, Dodge Hy Vee, City Service Yard, City Carton,
Eastdale Mall, Recreation Center Lot, Pepperwcod Place, Rochester Hy Vee). The City collects
the bottles frcm the drop sites and delivers them to City Carton Co., where they bale the
plastic and ship it for processing.
In addition, the City,began curbside collection of plastic bottles on 7/13/92. The curbside
bottles are also delivered to City Carton Co, for processing,
MONTHIYEAR
Nov., 1991
Dec., 1991
Jan., 1992
Feb" 1992
Mar., 1992
Apr., 1992
May , 1992
JIm., 1992
Jul., 1992
Aug., 1992
Sep., 1992
Oct.. 1992
Nov.. 1992
TONS r.or,LECTED CURBSIDE
.00 ton
,00 ton
,00 ton
.00 ton
,00 ton
,00 ton
,00 ton
,00 ton
1.42 ton
1. 79 ton
4.42 ton
2.42 ton
2.00 ton
TONS COLLECTED tal DROP SITES
6.98 ton
6.79 ton
8.33 ton
7,71 ton
9.12 ton
8,30 ton
9.53 ton
9.40 ton
9,25 ton
8,26 ton
7,28 ton
7,54 ton
6.87 ton
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Recycle Program Items - pg, 6
TIN CANS
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The City of Iowa City began drop site collection of tin cans on 3/91, with two locations now
available (ECOIlOfoods, City Carton), The City collects the tin cans from Ecollofoods and
delivers them to City Carton Co, for processing,
In addition, the City began curbside collection of tin cans on 7/13/92. The tin cans are
delivered to City Carton Co, for processing,
HONTHIYEAR
Nov., 1991
Dec., 1991
Jan" 1992
Feb" 1992
Har, , 1992
Apr., 1992
Hay , 1992
Jun" 1992
Jul., 1992
Aug., 1992
Sep., 1992
Oct., 1992
Nov., 1992
llL6S.S
TONS COLLEGl'ED CURBSIDE
.00 ton
,00 ton
,00 ton
.00 ton
,00 ton
,00 ton
.00 ton
.00 ton
1.91 ton
2.13 ton
3.08 ton
3.33 ton
3.26 ton
TONS COLLEGl'ED @ DROP SITES
3,12 ton
2.72 ton
3,16 ton
3.17 ton
3,41 ton
3,64 ton
3.49 ton
3,32 ton
3,29 ton
2,23 ton
1.47 ton
2,31 ton
3.55 ton
The City started drop site collection of glass on 8/90, with four locations available
(Econofoods, No. Dodge Hy Vee, City Service Yard, City Carton), The City collects the glass,
which is separated by color and delivers it to City Carton Co, for processing.
In addition, the City began curbside collection of clear dass on 7/13/92, The curbside
clear glaes is also delivered to City Carton Co. for processing.
HONTHIYEAR
'Nov., 1991
Dee" 1991
Jan" 1992
Feb., 1992
Har., 1992
Apr., 1992
Hay , 1992
Jun" 1992
Jul., 1992
Aug., 1992
Sep" 1992
Oct., 1992
Nov,. 1992
....:..q...u.,,_...,_.~...,.
TONS COL[,EGl'ED CURBS IDE
,00 ton
.00 ton
.00 ton
.00 ton
.00 ton
. 00 ton
.00 ton
.00 ton
5,61 ton
6.71 ton
7.78 ton
7,47 ton
6.26 ton
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TONS COLLEGl'ED @ DROP SITES
7.60 ton
9,60 ton
10,80 ton
6,00 ton
4,92 ton
13.10 ton
13.40 ton
14.38 ton
12.23 ton
5.21 ton
.00 ton
.00 ton
.00 ton
.,.
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Recycle Program Items - pg, 7
!llL
The City has been providing an automotive waste oil disposal site at the City Service Yard
since 9/22/89, Industrial Service Corp. collects the City's lmcontaminated waste oil
MONTH/YEAR
Nov., 1991
Dee., 1991
Jan., 1992
Feb, , 19~2
M<1-r., 1992
Apr., 1992
May , 1992
Jun" 1992
Ju 1., 1992
Aug, , 1992
Sep., 1992
Oct., 1992
Nov., 1992
DISPOSAL SITE TONNAGES
5,03 ton
1. 50 ton
,3,14 ton
3.88 ton
4.68 ton
4.37 ton
4.70 ton
4,29 ton
6,29 ton
3.14 ton
6,56 ton
6,05 ton
2,10 ton
ANTI-FRIlIlZIl
The City has been providing an anti-freeze disposal site at the City Service Yard since 4/92.
Industrial Service Corp, collects the City's anti-freeze.
MONTH/YEAR
Apr., 1992
DISPOSAL SITE TONNAGES
,66 ton
RA'l'I'IlRIIlS
The City has provided a drop site for automotive batteries since 12/1/88. Batteries are sold
to various available vendors.
MONTH/YEAR
Dee., 1990
DISPOSAl, SITE TONNAGES
2,33 ton
llIW1E
$ 266,00
79
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Recycle Program Items - pg. 8
CllRIS'IliAS TRRRS
After the Christmas season of 1988-89 the City started a christmas tree collection program,
The trees are collected at the curb and chipped into mulch which is then available for public
use. The program will rlID annually at the Christmas season,
MONTH/VEAR
Jan., 1991
Jan. I 1992
TONS cor ,LEG'I'ED
43.57 ton
54.00 ton
EXPENSE
$9,188.07
$ 8,136,00
cc: Ed iR~roff
Brad Neuman
Carol Casey
c:\wp51\recycle,mem
79
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Mayor's Youth Employment Program
410 IOWA AVENUE' IOWA CITY, IA 52240.356.5410
TO:
FROM:
IN RE:
Steve Atkins \ nC;
Peg McElroy Frasert?~ r ~
Camp Cardinal
Mft/~
DATE: December 3, 1992,
*******************************************************'*II*f
*************************************************************
Pursuant to our conversation earlier these week, 'I would like to take this
opportunity to bring you up to date on Camp Cardinal, the Rotary Scout Camp,
owned by the Iowa City Noon Rotary. As you know, Mayor's Youth Employment
Program and the Youth Services Foundation have expressed Interest in leasing the
property and preserving It as a youth camp and parkland for the community.
I received correspondence from the Rotary Indicating their possible Interest in
selling the property by bid. The Information supplied implies that any of the offers
subm~tted could be turned down as a decision regarding thl! sale of the land Is
contingent upon a vote of the general membership of Rotary.
Steve, J am preparing a letter of response to the Rotary regarding the property
and I will Invite your input before sending it by the deadline In mld.January.
At present It Is my Intention to express to the Rotary that we are Interested In a
lease or lease option purchase in an effort to gain time to pursue a Resource
Enhancement & Protection Act grant or similar funding source.
I shall forward a copy to you as soon as I have had the opportunity to
complete It and discuss It with one of the sub-committees of by board,
Thank you for visiting with me the other day and 1 will look forward to being
In touch with you In the near future.
cc: Terry Trueblood
SERVING
YOUTH
OF
J 0 H N SON
COUNTY
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December 10, 1992
Ms, Diedre Castle
Manager, Old Capitol Mall
201 South Clinton Street
Iowa City, Iowa 52240
Dbar Ms. Castle:
On December 3, 19921 had a hair appointment at Younkers Hair Salon at 9:30 am, Because of
the holiday season the store was opening early, I parked in the ramp adjacent to The Old Capitol
Mallon the second level. I had my hair done and proceeded to do some other shopping in the
downtown area and left the ramp at approximately 10:20 am, I was not surprised to find a parking
ticket on my car,
I am one of many residents of Iowa City who is pleased with the new parking restriction in the
ramp adjacent to Old Capitol Mall. It is such a pleasure to go into the ramp at 10: 30 am and be
able to find a spot in one of the lower levels of the ramp, It is my understanding that the intent of
the new parking ordinance is to promote shopping in downtown Iowa City by providing readily
available parking, If that is the case, why are shoppers who frequent stores prior to 10:00 am
penalized and not afforded the same convenience as those shoppers who arrive at 10:00 am?
There are many downtown merchants who open their doors before 10:00 am, Why are the
shoppers at those businesses and in fact those business owner not entitled to the same parking
conveniences as the merchants at Old Capitol Center? It seems to me that while the new parking
ordinance's intent is justified, the equity is not.
I would be happy if the Old Capitol Center paid my parking ticket. I would be extremely happy if
the Downtown Business Association took another look at the current restrictions and came up with
a more fair time (maybe 9:30 am) to prohibit parking in the lower levels of the ramp, It seems to
me that the opening time of most of the downtown merchants should dictate the time that parking
should be restricted, Maybe there should be some special allowances during the hOliday season,
I appreciate the chance to communicate with you about this matter and am looking forward to
hearing from you in the near future,
Sincerely yours,
J:hJ.Y;1. ~~
Linda M, Dellsperger
227 Magowan Ave,
Iowa City, Iowa 52246
351-5869
cc:~a City City Council
Paul Smith
Manager, Younkers Department Store
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~~ Iowa Department of Transportation
f'c8J.., 800 lincoln Way, Ames, IA 50010 515-239-1661
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December 10, 1992
Ref. No. 765
Dear Airport Sponsors:
For the past several months, the consulting firm of Bucher, Willis &
Ratliff (BWR) has been working closely with us to develop a Five-Year
Capital Improvement Program (CIP) and long-range needs assessment for
each airport. In addition, BWR has reviewed and evaluated your
airport's existing development plans to determine whether or not they
need to be updated. The end product of these efforts is to provide us
all with easy to use planning and programming material to aid airport
development over the next five to ten year period.
The Iowa Department of Transportation (lOOT) during January will
sponsor a series of six Airport Improvement Program Kick-Off Meetings
to present and share the final results of BWR's efforts with you.
Enclosed is a schedule of the meeting dates and locations.
We invite you to attend one of the meetings. At the meeting, we will
present you with a three ring loose-leaf binder containing the
following items.
· A report outlining the findings and recommendations pertaining
to your airport's development plan and airport layout plan.
· A final Five-Year CIP covering fiscal years 1994-1998 and
capital needs assessment for fiscal years 1999-2003.
· Instructional materials which describe how the airport can
establish and maintain continuous planning and programming
processes. The material will also contain information on how to
prepare periodic updates to the airport development plan and
airport layout plan, and annually revise the CIP, as well as
present other, timely and useful information. BWR will discuss
at length how you can best put the materials to use to
accomplish desired airport development objectives.
. Copy of the 1991 Iowa Aviation System Plan
. Copy of the 1992 Iowa Airport Sufficiency Report
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December ID, 1992
A portion of each meeting will be devoted to discussing the 1994 Iowa
Airport Improvement Program (Iowa AlP). Representatives from the Iowa
Department of Transportation, Office of Aeronautics will review the
steps involved in applying for state funds for airport improvement
activities.
We are asking that confirmation of attendance at one of the meetings
be provided to this office by January 12, 1993. Enclosed is a
"Meeting Attendance Notice" that we ask be completed noting the
meeting location and date you plan to attend. Please complete and
mail in the self-addressed postage paid envelope.
Listed below are the meeting dates and locations. Each meeting will
begin at 7:00 p.m.
Date
Location Address/Telephone
Tuesday, January 19
Conunission Room
Iowa Department of Transportation
800 Lincoln Way
Ames, IA
Telephone: 515-239-1457
Wednesday, January 20
Cherokee Community Center
Upper Level
530 West Bluff Street
Cherokee, IA
Telephone: 712-225-2715
Thursday, January 21
Atlantic Meeting Center (located
directly west, next door, to the Best
Western Country Squire Motel)
Highway 6 East
At 1 ant i c, 1A
Telephone: 712-243-4723 (Motel),'
Tuesday, January 26
Residence Maintenance Engineers Office
Iowa Department of Transportation
672 6th Street'SE
Mason Ci ty, IA
Telephone: 515-423-8516
Wednesday, January 27
Resident Construction Engineers Office
Iowa Department of Transportation
5455 Kirkwood Boulevard, SW
Cedar Rapids, IA
Telephone 319-365-69B6
8'a.
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Page 3
December 10, 1992
Thursday, January 28
District 5 Office
Iowa Department of Transportation
307 West Briggs Street
Fairfield, IA
Telephone 515-472-4171
We look forward to seeing you at one of the meetings and moving
forward with this project of establishing a planning and programming
process at each of the state system general aviation airports. If you
have any questions about the meetings or the materials to be furnished
to you, please contact either Fred Dean at 515-239-1554 or John Hey at
515-239-1653.
C. 1. ac llivray, Director
Planning and Research Division
CIM:DGW:JMH:rel
Enclosures
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MEETING ATTENDANCE NOTICE
Airport Name
Place an "X" in the box beside the meetina location/date you plan to
attend.
( ) AMES, January 19, 1993
( ) CHEROKEE, January 20, 1993
( ) ATLANTIC, January 21, 1993
( ) MASON ,CITY, January 26, 1993
( ) CEDAR RAPIDS, January 27, 1993
( ) FAIRFIELD, January 28, 1993
How many persons from your airport plan to attend?
) ,"
( ) Unable to attend one of the meetings, please mail the
loose-leaf binder to the following person/address.
Name
Address
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Iowa Department of Transportation
800 Lincoln Way
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CHEROKEE
Cherokee Community Center
530 West Bluff Street
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Atlantic Meeting Center
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Iowa Department of Transportation
Resident Maintenance Engineer's Office
672 6th Street SE
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5455 Kirkwood Boulevard SW
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FAIRFIELD
Iowa Department of Transportation
District 5 Office
307 West Briggs
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CITY OF FAIRFIELD I
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FIIWlCEDEPARnlEHT '.
P.O. Box 447",'~'i
Sioux City, IA 51102-0447
(712) 279-6207 '
FAX (712) 279-6911
November 17, 1992
,
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Ms. Gretchen Tegeler, Director
Iowa Department of Management
State Capitol '
Des Moines, IA 50309
Dear Ms. Tegeler:
Ron Amosson called today to explain your department's position on the
lIflexlble freeze II matters. Thank,'you for having Ron call: to explain your
position.' ' , ,
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In visiting with Ron, I was struck by his strong belief that your depart-
ment has researched the matters ,mentioned In my letter and ~as.arrlved at
the correct conclusion. Ron Is' very sure of his position on the Issues I
mentioned and I can see no purpose which could be served by further discus-
sion . ,,'
Unfortunately, the position which Ron has described as,belna quite reason-
able and proper from his perspective does not appear to' be reasonable and
proper from the perspective of cities. It appears that our basic orienta-
tion, that of working for cities or working for the State, affects our per-
spective on these Issues. Because we seem to lack any common semantics to
ev~luate and discuss this Issue, It seems foolish to mention It further.
Simply put, the cities and the State are coming from such diametrically op-
posed po.lnts of view that useful ,dialogue seems impossible.
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Again, thank you for your courtesy In having these matters researched. It
Is unfortunate that ,more cannot be achieved,
Sincerely,
..~~~/lP
Finance Director b1: I " /J
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REC[""-:j [::G 1 4 1992
2 Dunuggan Ct,
Iowa City, IA 52240-2831
Mr, Stephen Atkins, City Manager
City of Iowa City
Civic Center
410 E, Washington St,
Iowa City, IA 52240
Dear Mr, Atkins:
This letter is to inform you of the problems we have experienced
with the city's sanitary sewer lines and the damage those lines
have caused to our home,
On November 20, 1992 the sanitary sewer lines backed up into the
lower level of our home, causing extensive damage, This is the
second time in the past two and one half years we have
experienced' this problem, The first time was in June of 1990 and
it took approximately six months for our claim to be resolved,
At this time we are unable to use the lower level of our home.
In light of the fact that several Iowa City employees have stated
this is a city problem, we respectfully request that our claim be
processed as qUickly as possible, and also that the City of Iowa
City move expeditiously in solving the sewer problem so this ~oes
not happen in the future,
Thank you for your immediate attention to this matter,
JA;;ea~
ffio\\.o. ~eO\l)
Mark and Adalia Bean
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MINUTES
BOARD OF DIRECTORS OF PUBLIC ACCESS TELEVISION, INC. ~
THURSDAY, OCTOBER 15, 1992, 7:00 PM
SENIOR CENTER, CLASSROOM ONE
MEMBERS PRESENT:
Allaire, Cochran, Coffey, HOlman,
Orgren, Zalis.
MEMBERS ABSENT:
Cureton, Holmes.
Detroit, Hess, Paine, Stokstad.
STAFF PRESENT:
PUBLIC PRESENT:
William Brinkman, Casey Ashe.
CALL MEETING TO ORDER:
Allaire called the meeting to order at 7:05 p.m.
CORRECT AND APPROVE MINUTES:
Minutes f~om September Board of Directors meeting were
consJ,dered. Coffey moved to accept, with a second from Zalis.
The minutes were approved unanimously.
BOARD ANNOUNCEMENTS:
Cochran reported on a conference on visual literacy which she
attended recently.
BTC REPORT:
Casella reported that five compliments for public access were
received by the Broadband Telecommunications Specialist. He also
announced the hearing on refranchising which will be held on
11/17/92 in the Council Chambers which will be broadcast on
Channel 29.
~C DISCUSSION:
Casey Ashe reported that the library refranchising proposal had
been turned in. He conveyed his concern about the PVOM shoot
that had not worked out recently.
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MINUTES PUBLIC ACCESS TELEVISION BOARD OF DIRECTORS MEETING 2
William Brinkman expressed his interest in having his show, "The
Old Capitol Gang," treated as a series. He also asked the Board
to consider making "The Lyle Style Show" into a series as well.
CHAIR'S REPORT:
Allaire reported that the refranchising proposal was handed in on
time, and brought out a copy of the proposal for the group to
examine. Detroit handed out copies of the sample videotape which
went with the proposal. Allaire complimented the group on the
finished result. This proposal will now go to the consultants
hired by the city of Iowa City to oversee the refranchising
process.
DIRECTOR'S REPORT:
Hess detailed the Greenwood and Krim financial review of PATV>
Hess suggested that more specific bookkeeping processes be put in
place at the CPC, and detailed other ideas for improving
financial record keeping. Hess also mentioned that the CIC has
informed him that they have earmarked $10,000.00 for grantwriting
for PATV with a separate $6300.00 still available to match funds
raised by PATV through grants.
STAFF REPORT:
Detroit reported that the Iowa Humanities Board has approved the
first grant for PATV. $1500.00 was awarded to Scott Murray to
fund equipment costs for his video project during his stay in
Japan. Detroit also reported on her work with the database top
generate a statistical picture of PATV workshops. She stated
that 44% of the people who take the workshops return to complete
a production or to volunteer on other productions. 10% of all
workshop participants make more than one program for PATV, with
the average participant taking 3.5 workshops. She mentioned the
need to survey by mail the people who have opted out and never
returnsd.
EOUIPMENT PROPOSAL:
The proposal to add the S-VHS equipment was considered. Paine
pointed out that the new cameras in the studio have made the poor
condition of the set furniture and cyclorama more apparent, and
suggested that these needed to be replaced immediately. Detroit
raised the question of what the values of the organization are:
should PATV check out more units of low-end equipment and serve
many people, or only check out a few units of high-end equipment?
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MINUTES PUBLIC ACCESS TELEVISION BOARD OF DIRECTORS MEETING 3
After a detailed discussion of the budget and equipment
preferences, Coffey moved to approve the $15,000.00 proposal as
submitted, and asked the staff to bring in a second proposal for
items not covered in the current proposal, this list to include
replacement studio lighting, cyclorama, and new chairs. It was
also understood that the camcorder which was stolen last year
will be replaced now with an S~VHS camcorder. This was seconded
by Zalis and approved unanimously.
POLICY REVIEW:
Discussion then moved to staff-aided series production,
centering around developing a policy as to which shows will get
this type of assistance, with procedure for selection to be
determined later. The two current shows receiving this
assistance from staff are "The Sanders Group" and "Sports
Opinion." Much of this discussion centered around how much post-
production needs to be done for each type of show, and the
concern that this post-production should be done when the Center
is closed to producers, so as not to use the time allotted to
community producers. Consensus was reached that the amount of
post-production will be negotiated between the producer and the
staff at the time of application for staff-aided series '
production. The staff is currently spending about 22 person
hours per month total producing both of the current shows. This
figure will probably be kept about the same for the new
procedure. Allaire asked to have the policy draft amended and
resubmitted at the next full meeting in December. A subcommittee
was formed to handle this, consisting of Paul Casella (in his
capacity as a community producer), Rene Paine (staff) and Lida
Cochran (Board). They are meet and report back in December.
GUIDELINES:
Hess offered to put together a list of proposal changed for
Guidelines and report in December. Copies of the current
Guidelines were distributed for review by the Board.
FORMATION OF COMMITTEE TO ORGANIZE ANNUAL MEETING AND CHOOSE NEW
BOARD OF DIRECTORS MEMBERS:
Holman ani Junced that she would not be leaving the Board, having
decided to stay in Iowa City for another year. Orgren
volunteered to be on the committee as did Allaire and Coffey.
ADJOURNMENT:
The regular'meeting was adjourned at 8:30 p.m. after a motion by
15
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MINUTES PUBLIC ACCESS TELEVISION BOARD OF DIRECTORS MEETING 4
Allaire was seconded by Holman. At Allaire's request, an
Executive Session was convened a few minutes later.
Respectfully submitted,
Doyle Detroit, Administrative Assistant for Public Access
Television.
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MINUTES
BOARD OF DIRECTORS OF PUBLIC ACCESS TELEVISION, INC. DRAFT
THURSDAY, NOVEMBER 19, 1992, 6:00 PM
IOWA CITY PUBLIC LIBRARY, MEETING ROOM C
MEMBERS PRESENT:
Allaire, Cochran, Cureton, Holman,
HOlmes, Orgren, Zalis.
MEMBERS ABSENT:
Coffey, Zalis.
STAFF PRESENT:
Hess.
PUBLIC PRESENT:
None.
CALL MEETING TO ORDER:
Allaire called the meeting to order at 6:07 p.m.
ELECTION COMMITTEE:
The following new Board member was appointed: Jim Murphy.
The following candidate for election by the membership was
approved: Geoff Seelinger.
DISCUSSION:
John Langhorne's report was briefly discussed.
ADJOURNMENT:
The regular meeting was adjourned at 6:15 p.m. At Allaire's
request, an Executive Session was convened a few minutes later.
Respectfully submitted,
Doyle Detroit, Administrative Assistant for Public Access
Television.
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TO: The Board of Directors
FROM: Doyle Detroit
John Hess
RE: proposed changes in Guidelines
We reviewed the current version of Guidelines and came up with
the following changes:
1. Add an introduction on the history of access in Iowa city,
possiblY using that section in the refranchising proposal.
2. On page 11, How to Cablecast Programs, make these changes:
a. Change the total number of cablecast hours per month to 5
(currently 10).
b. Change the wording to read "any one producer, group,
household or nonprofit organization. II
3. Near the beginning of Guidelines, add a firmly worded
statement that all programs done with our equipment have to be
shown on Channel 26.
4. From the workshop section: delete all references to 3/4"
portapack equipment. This equipment is too fragile and
unrepairable to be checked out anymore.
5. Should PATV be allowed to fund raise on its own behalf on
Channel 26? Should other nonprofit organizations be allowed
to do the same? current Guidelines forbid this.
6. On page 8, the policy for producers paying us back when they
get a grant or sell a program is unenforceable. We don't know
who gets funded and who doesn't. This could be a source of
revenue for us, but how do we go about it?
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, December 11, 1992
TO: PATV BOARD OF DIRECTORS
FR: RENE PAINE, JOHN 'HESS
RE: HEALTH INSURANCE BENEFITS FOR PART-TIME WORKERS EMPLOYED AT
PATV.
Recently, Keri Stockstad requested that we examine the
possibility of allowing her to participate in PATV's health care
plan. After checking with Blue Cross/Blue Shield and Prime
Benefit Services, we recommend the following change in our
personnel policies.
"Employees who work 30 hours or more for Public Access
Television, Inc. on a weekly basis, will be offered the same
health care benefits that are available to full time hourly or
salaries employees of PATV."
The approximate additional monthly cost to PATV for these added
health care benefits will be $145.00 for the single health care
coverage.
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December 11, 1992
TO: PATV BOARD
FR: JOHN HESS
RE: community Programming Center reorganization.
Due to the additions of our S-VHS editing equipment, and
additional space concerns by community producers, I would request
that the CPC be closed from January 4 to January 19th 1993.
During this time PATV would continue to cablecast programs from
the CPC.
Closing during this time will enable the PATV staff to reorganize
the CPC, perform inventories of equipment and tapes, and allow
the staff time to redesign our edit bays/ and office spaces to
provide more efficient service to our customers. I anticipate
that this remodeling will consist of painting / purchasing some
office partitions to seperate edit bays, and the addition of
shelving for portable equipment. I would encourage board members
to come over to the CPC during this time and give us your
impressions of our progress towards reorganization.
Once PATV re-opens on January 19th, the staff would like to have
an open-house to thank our customers for the inconvenience of
remodeling / and let the general public see the "new PATV". We
foresee this open house taking place' sometime in late January or
early February.
EQUIPMENT UPDATE!
In october of this year the PATV board approved an equipment
package. This package included new portable cameras for check out
by community producers. After discussion with the staff / and
conducting some focus groups with community producers/ I have
decided to delay the purchase of new cameras until all of the
additional information can be analized. A new equipment proposal
regarding portable cameras will be in your agenda packet for
January 93'.
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December 11, 1992
TO: BOARD OF DIRECTORS
FR: JOHN HESS
RE: ELECTIONS OF OFFICERS
Enclosed is a copy of the section of PATV's by-laws regarding
election of officers. If you have questions prior to this
election regarding the proceedures for election, please give me a
call at 338-7035. '
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PATV Bylaws (September 1989)
Page 9
Section 7,04: Procedure
(a)
All meetings the Board of Directors are open to the public except for those agenda
~ems that are determined by a majority of Board members voting to be confidential,
(b)
A majority of those voting at a meeting of the Board of Directors shall establish the rules
of procedure of the meeting, '
Section 7,05: Quorum
A majority of the number of Board members of PATV, excluding ex-offlclo Board members,
constitutes a quorum for the transaction of business at any meeting of the Board of Directors.
Section 7,06: Votlna
,
No action of the Board shall be valid unless approved by a majority of those Board members
attending the meeting except as provided for In Section 6,09 'Events Causing Vacancies',
Section 6.10 'FIlling Vacancies', Section 10.02 'Exemption of Property', Section 11.01
'Contracts', 'Section 11.02 'Loans,' Section 14,01 'Membershlp'Rlghts Um~ations,' and ArtIcle
VI of the PATV Articles of Incorporation 'Amendments'. There shall be no vote by proxy,
Section 7,07: Presumotlon of Assent
, A director who Is present at a meeting of the Board of Directors at which action on any PATV
matter Is taken shall be presumed to have assented to the action unless his or her dissent
shall be entered In the minutes of the meeting or unless he or she shall file his or her written
dissent to such action with the Secretary of the meeting before the adjoumment thereof or shall
forward such dissent by registered mall to the Secretary of PATV promptly after the
adjoumment of lhe meeting, Such right to dissent shall not apply to a director who voted In
favor of such action,
ARTICLE VIII.
BOARD OFFICERS
Section 8.01: Titles
The officers of the Board of Directors of PATV shall be the Chairperson of the Board, Vice.
Chairperson, Secretary, and Treasurer. These Individuals shall be elected from the Board of
Directors at the Annual Organizational Meeting of the Board provided for In Section 7.03
'Annual Organizational Meeting', except that officers of the Initial Board shall be, elected by
the Innlal Board at Its first meeting,
Section 8,02: Term of OffIce
Any officer of the Board of Directors shall serve a one year term,
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Page 10
Section 8.03: Removal and Reslcmation
Any officer of the Board may be removed from that office by a majority of the BL :,;,d of
Directors at any meeting of the Board. Any officer may resign at any time by giving written
notice to the Chairperson of the Board.
, Section 8,04: Vacancv
A Board member may be elected to fill a vacancy In any Board office by a majority vote of the
Board of Directors at any meeting of the Board. The officer holds office for the remainder of
the unexpired term of his or her predecessor.
Section 8,05: Duties of the ChairDerson of the Board
The Chairperson shall preside at all meetings of the Board of Directors, and shall cast the
deciding vote In the event of a tie, The Chairperson shall appoint all standing committees and
special committees as needed In accordance with Article IX 'Committees', In addijlon, the
Chairperson shall have other powers and duties as may be prescribed by the Board of
Directors or these Bylaws. In the absence or disability of the Chairperson, the Vice-
Chairperson shall act In his or her stead.
Section 8,06: Duties of the Vlce-ChalfDerson of the Board
In the absence or disability of the Chairperson, the Vlce-Chalrperson shell perform all of the
duties and have all the powers of the Chairperson, In addition, the Vice-Chairperson shall have
such other powers and perform such other duties as may be prescribed by the Chairperson,
the Board of Directors, or these Bylaws, In the absence of both the Chairperson and the Vlco.
Chairperson a majority of the Board shall designate one of their members to act temporarily
as chairperson,
Section 8.07: Duties of the SllCIetarv of the Board
The Secretary shall keep or cause to be kept a full and complete record of the proceedings
of the Board of Directors and shall serve notices as may be necessary or proper, The
Secretary shall have such other powers and perform such other duties as may be prescribed
by the Board of Directors or these Bylaws,
Section 8,08: Duties of the Treasurer of the Board
The Treasurer shall have the care and custody of all funds, money, and property of PATV
except as otherwise provided herein or in a resolution of the Board of Directors, The Treasurer
shall have such other powers and perform such other duties as may be prescribed by the
Board of Directors or these Bylaws,
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Rev "BY: XEROX TELEeOPIER 7011 : 12-16-92 8: 52AM ;
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JOHNSuN COUNTY AUDITOR TEL:319-356-6086
319 356 6086; 3193565009:" 1
Dee 16.92 8:39 No,007 P,OIl03'
JOlllllon Count)'
_ \ IOWA 1
BOARD OF SUPERVISORS
Charles D. Duffy
Stephen P. Lacina
Patricia A. Meade
Richard E. Myers
Belty Ockenfels
December 17,1992
FORMAL MEETING
Agenda
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1. Call 10 order 9:00 a.m.
2. Action te: claims
3. Action re: minutes
4. Action rc: payroll authorizations
5. Business from the County Engineer.
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a) Discussion/action re: delour agreement with IDOT.
b) Discussion/aclion re: speed limit request from Lone Tree and
Swisher.
c) Other
6. 9:30 a.m. . Public IIearlng regarding reclassifYing section of Eagle
Avenue from Level D.
7. 9:35 a,m. . Public Hearing on the following proposed Road Vacations:
1. Road Vacation 3.92 . To vacate all of Johnson County's interest
in the following: Beginning approximately 435' East of the
Northwest Corner of Lot 2 of Aossey Subdivision as said
subdivision is recorded in Plat Book 31, page 43, lhence
northeasterly 600 feet.
2. Road Vacation 4.92 . To vacate all of Johnson Counly's inlerest
in the following: Beginning approximately 50' East of the
Northwest corner of the Southwest 1/4 of the Northwest 1/4 of
Section 5.78.6; thence easterly 800 feet.
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TARGET SERIES NT-8
093-5312-81
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JMI CORPORATION
MICROGRAPHICS OIYISION
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Rev ,BY'XEROX TELEeOPJER 7011 ;12-16-92 8'52~M;
~
JOHNSuN COUNTY AUDITOR TEL:319-356-6086
319 356 6086~ 3193565009;~ 1
Dee 16,92 8:39 No,007 P,Ol103;
BOARD OF SUPERVISORS
Charles D. Duffy
Stephen P. lacina
Patricia A. Meade
Richard E. Myers
Belty Ockenfels
December 17, 1992
FORMAL MEETING
Agenda
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1. Call 10 order 9:00 a.m.
2. Action re: claims
3. Action re: minutes
4. Action re: payroll authorizations
S. Business from the County Engineer.
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a) Discussion/action re: delour agreement with IDOT.
b) Discussion/action re: speed limit request from Lone Tree and
Swisher.
c) Other
6. 9:30 a.m. . Public Hearing regarding reclassifYing section of Eagle
Avenue from Level D.
7. 9:35 a.m,. Public Hearing on the following proposed Road Vacations:
1. Road Vacation 3.92 . To vacate all of Jolmson County's interest
in the following: Beginning approximately 435' East of the
Northwest Corner of Lot 2 of Aossey Subdivision as said
subdivision is recorded in Plat Book 31, page 43, thence
northeasterly 600 feet.
2. Road Vacation 4-92 . To vacate all of Johnson County's interest
in the following: Beginning approximately SO' East of the
Northwest corner of the Southwest 1/4 of the Northwest 1/4 of
Section 5.78.6; thence easterly 800 feet.
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JOHNSON COUNTY AUDITOR TEL:319-356-6086
, ~
Dee 16,92 8:39 No,007 P,02/03
Agendll12-17-92
Jlagl1 2
8. Business from the Assistant Zoning Administrator.
a) Final consideration of application Z9238 of Jack Swanson.
b) Final consideration of application Z9249 of Gary Tomas,
c) Final consideralion of application Z9250 of Terry D. Aubrecht.
d) Final consideration of application Z92Sl of Arthur R. Altman.
e) Motion setting public hearing.
f) Other
9. Business from the Planning Assistant.
a) Discussion/action re: the following Platting application:
1. Application 89221 of Shirley and Jeff Elliff requesting
preliminary and final pial approval of Klttlmer Pass Addi.
tion, a subdivision located in the NW 1/4 of the SE 1/4 of
Section 13; Township 81 Northj Range 7 West of the 5th
P.M. in Johnson County, Iowa (This is a 1-Iot, 9,76
acre, residential subdivision located on the north side of
Mohawk Road NE, approximately 1.0 mile east of the
intersection of Mohawk Road NE an~ Hickory Hollow
Road NE in Jefferson Twp.).
b) Other
10, Business from the County Auditor.
a) Action re: permits .'.'
b) Action re: reports ::
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1., Clerk's November monthly rcport. -
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11. Business from the County Attorney. ' ,
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a) Report re: other items.
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Agenda 12.17.92
)'lIlle 3
12, Business from the Board of Supervisors.
a) Motion approving family farm credits as recommended by the City
Assessor.
b) Motion approving family farm credits as recommended by the County
Assossor.
c) Discussion/action re: appointment to Compensation Commission,
d) Discussion/action re: resolution establishing fund 24.
e) Discussion/action rc: formal meeting of the week of December 20th.
o Discusslon/aclion re: placement of client #AI40.
g) Discussion/action re: letter to Iowa Department of Natural Resources
and City of Iowa City regarding water wells.
h) Other
13. Adjourn to Informal meeting.
14. Inquiries and reports from tho public.
15. Adjournment.
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City of Iowa City
MEMORANDUM
DATE: December 22, 1992
TO: Memo for Record
FROM: City Manager
RE: Material Sent to Council Only
Memoranda from the City Manager:
a. Miscellaneous (Melrose Avenue Bridge, Sewer Bond Refinance,
Chuck Schmadeke, Landfill Personnel)
b. Pending Development Issues
c. Inventory of City Owned Property - Update
, Copy of letter from City Manager to Representative Leach regarding
water quality practices.
Copy of letter from City Manager to Laurie Robinson regarding 1994 ~ I
budget recommendations.
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Copy of letter from City Manager to Board of Supervisors regarding
comprehensive water project.
Memorandum from the Assistant City Engineer regarding Melrose Avenue
Bridge Replacement Project.
Memorandum from the City Clerk regarding Council Work Session of ~
December 14, 1992.
Copy of letter from the Board of Supervisors regarding water project. q5
Copy of letter from Home Builders Association regarding property
at 942 Jefferson Street.
Agendas for the informal and formal meetings of the Board of Supervisors
for December 22, 1992. q
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City of Iowa City
MEMORANDUM
DATE: December 22, 1992
TO: City Council
FROM: City Manager
RE: Miscellaneous
1. Melrose Avenue Bridge. Attached are various items of correspondence
concernin9 the Melrose Avenue bridge project. As soon as we have
completed the identification of the corporate boundary, we will
prepare responses. '
2. Sewer Bond Refinance. Our finance staff is working quickly to try
and get the official statement and other information prepared for an
early January sale. We may need a special Council meeting in January
to award the bond sale. It is likely it can be an early AM meeting
with only this item.
3. Chuck Schmadeke. Chuck has been off a few days, diagnosed with a
kidney stone. He will be gone for awhile awaiting time to have 'the
stone removed.
4. Landfill Personnel. Many of our landfill personnel have been affected
by the discovery of the baby'~ body. I wanted to let you know we
arranged with counselors and other professionals to help our employees.
.
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GLORIA N. JACOBSON
UNIVERSITY HEIGHTS COUNCIL MEMBER
415 Ridgeview Avenue
Iowa City, 'Iowa 52246
November 16, 1992
Mr. Dennis S. Gannon, P.E.
Engineer, city of Iowa City
Civic Center
410 East Washington Street
Iowa city, Iowa 52240-1826
RE I Me1roBe Avenue Bridge
Dear Mr. Gannon:
Thank you ,for your letter of November 6, 1992. Your letter raises
many issues of significant interest to the University Heights City
Council, however the Council will not be in a position to respond
to the request of the city of Iowa City for cooperation and
contribution with regard to this project unless and until the
Council has received and reviewed all information relevant to
these issues.
Several questions must be answered before the University Heights
City Council will be in a position to respond to any requests.
These questions include the following:
.
Bridge deB!gn - What is the final design of the
Melrose Avenue bridge project? The University Heights
City Council has seen more than one design proposal but
has not been informed as to which design ultimately was
approved. Your recent corresondence to me ,did not
include substantial evidence as to the formal acceptance
of a final bridge design by whatever governing body
gives such approval. Do state or federal regulations
require a four-lane bridge or could a two-lane or' a
three-lane bridge be constructed?' Does the approved
design contemplate straightening the alley behind Olive
Court and, if not, has this possibility been considered?
. Effect on property ownerB - How will the bridge
construction effect university Heights property owners,
particularly those property owners whose garages permit
access to the alley behind OE ve Court? Will the
construction cause interruption of utility services to
any property owners and, if so, which utilities will be
interrupted to which structures and for how long?
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Mr. Dennis S. Gannon, P.E.
'Engineer, City of Iowa City
November 16, 1992
Page 2
. Basement/rights-of-way - What specific easements'
and/or rights-of-way are requested upon or over property
within the city of University Heights? Have such
requests been made? Who will pay for the costs
(including litigation costs, if necessary) of obtaining
these easements and/or rights-of-way?
, .
Requested contribution - Precisely what improvements
will the city of University Heights receive for the
requested $40,000.00 contribution to this project? How
was this amount calculated? Does the calculation afford
the city, of University Heights a proportionate benefit
of the federal government contribution to this project?
To answer your specific questions raised in Mr, Atkins'
letter to Mayor Rhodes, dated September 22, 1992, the
university Heights Council does not'wish to participate
in paying the $1710.00 fee for the feasibility study to
identify additional costs in keeping the bridge open
during construction. .
The university Heights City' Council intends, to hold a public
hearing concerning the propriety of contributing to the Melrose
Avenue bridge project, but such a hearing cannot be held until the
university Heights City Council receives all pertinent information,
with regard to this project. Thus, the ability of the University
Heights City Council to meet the deadlines set forth in your
November 6, 1992, letter is'somewhat restricted.
.
'I suggest that a representative of the city of Iowa City attend
the next university Heights City Council meeting, which iS,set for
7,: 00 p.m, December 7, 1992. ,If the city of Iowa City wishes to
respond to the matters raised in this letter 'before then, the city
should direct its response to me 0 Moreover, inasmuch as I am
chairwoman of the university Heights City Council Streets and
sidewalks Committee, I request that you send me copies of all
correspondence relative to this, matter that you send to the city
of University Heights, '
/jo
~7 ~ru~y yours, ,
L.t..a ' I ~"t.tP~
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cc:
Mayor Rhodes
Council Members
City Attorney
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1000 MElIlOSE AVE"IOWA CITY, IOWA 52246
DIAL 337,71S2
November 21, 1992
City Manager
Ci ty of Iowa, Ci ty
Civic Center
410 East Washington Street
Iowa City, Iowa
Mr, Steve Atkins:
Dear Sir:
RE: Purposed new Melrose Avenue Bridge:
Enclosed is a copy of my May 11, 1992 letter to the
Engineering Depts of University Heights and of Iowa City
Iowa,
To date I have not received any information in writing in
answer to my questions.
I have been approached by the US West Communications because
they want a easement over my business district property in the
town of University Heights and also over my property in Iowa'
City, Iowa. The present City Water Main is within this easement
area.
I wi 11 not give any easements over'my University Heights
business district property. The City can purchase some of
the needed Iowa City property I own and keep all the involved
utilities within the right of ways of University Heights and of
Iowa City, '
Is there a coordinator in charge of this bridge project? Is
it is gOing to be built? Wouid you please have them contact my
lawyer in writing on what is going on so these issues can be
resolved.
My lawyer is, Philip A. Leff
222 South Linn Street
Iowa City, Iowa
52244
Sincerely,
11 J;[ 7tI ~ I---
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Nate Moore Jr.
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May 11, 1992
City Council of University Heights
&
City of Iowa City, Iowa
Engineering Dept,
Dear Sirs:
RE: Melrose Avenue street widening in University Heights.
related to the purposed new Melrose Avenue Bridge:
I have recentlY seen a cOpy of the purposed widening
of Melrose Avenue within University Heights, The drawing does
not show who engineered or surveyed for this layout,
I own lots # 272 - 2BO within the Corporation of University
Heights, This is the business district on the north side of
Melrose Avenue,
I also own another parcel of land east of University Heights
Corporation limits which is within the City Limits of Iowa City,
Iowa.
I feel there are a number of mistakes on this unnamed drawing,
# 1. The street Right of Way of Melrose Avenue is not 66 feet
as shown on the unnamed drawing. The property line is
drawn in incorrectlY on the front of my property,
The street Right of Way of Melrose Avenue in front
of my property in University Heights is 60 feet in
width, Please note the drawing # 2B0770-l made by
Shive Hattery Engineering, dated 6-3-BO,
I also have the original drawings showing the property
lines for my property when the building was buil t in
1946,
I do not want the street right of way extended into
my property in University Heights, lots 272 - 2BO.
I do not want to sell any frontage off of lots 272 -
2BO,
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Page # 2,
# 2, The sidewalk is shown as being 8 feet wide in front
of my property as shown on the unnamed drawing.
The present sidewalk is 7 1/2 feet wide,
There is presently a sloping black top width between
the street curb and the side walk which is 1 foot wide,
The'original sidewalk is 4 feet wide.
I have added a sidewalk which is 2 1/2 feet wide north
of the original sidewalk. This was done at my expense.
My front property line is within the width of this 2 1/2
foot sidewalk,
If the city of Iowa City wants to replace all of the
present sidewalk they can as long as it is at not made
any wider than the present sidewalk and the work is done
at no expense to me.
I do not want to sell any of the frontage of this
property,
I do not want to lose any of my property, .
I do not want anymore sidewalk installed ori my property.
I do not want my trees removed, disturbed, or relocated,
I do not want my exterior post lighting or underground
wiring to be removed or relocated. It is needed for
security lighting for my property, We have already had
, a number of break ins and robberies at the present
businesses,
# 3, The present street parking is not noted on the unnamed
drawing.
This street parking is very important for delivery
trucks and car parking, We need to maintain the present
parking spaces ~nd the handicapped parking zone,
I have paid $6,134,08 for paving assessment in 1982 to
relocate and have this parking area when the U. H,
paving program was being done.
I do not want any of the present street parking removed,
I do not want the handicapped parking zone removed,
I do not want the center line of Melrose Avenue changed
or repositioned.
I do not want the present street lanes changed,
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Page # 3.
# 4. The present driveway access approach to lot # 280 is not
shown on the unnamed plan.
I want the (present future) driveway access approach to
lot # 280 to remain as present.
This area needs to be investigated for installing a ramp
to the sidewalk to allow for the handicapped,
# 5. The unnamed drawing shows the proposed new bridge to
be built over my property which is within Iowa City,
The property lines are drawn incorrectly.
I have not been contacted by anyone from Iowa City or
any engineering company about this area,
.
# 6, The Main water main from Iowa City to University Heiahts
is not drawn on the unnamed draWing in the correct area
where it is now located in regards to the bridge.
In Summary:
I would like the personnel of University Heights and Iowa City
who are involved with the engineering to meet with me to resolve
these problems before the project goes any farther,
I also believe the City of Iowa City and University Heights
need to look at the traffic problems that are going to be caused
by this new bridge congtruction project, If at all possible I
believe at l~ast one lane of this bridge should remain open at
all times for ~mergency vehicles as well as local traffic, This is
a vital link between these two communities and the University of
Iowa Hospitals and Athletic Areas, It is also very important to
the business di~trict of University Heights. .
Sincerely,
.
Nate Moor~ Jr.
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Page # 3,
# 4, The present driveway access approach to lot # 280 is not
shown on the unnamed plan.
I want the (present future) driveway access approach to
lot # 280 to remain as present,
This area needs to be investigated for installing a ramp
to the sidewalk to allow for the handicapped,
# 5, The unnamed drawing shows the proposed new bridge to
be built over my property which is within Iowa City.
The property lines are drawn incorrectly.
I have not been contacted by anyone from Iowa City or
any engineering company about 'this area,
.
.
# 6. The Main water main from Iowa City to University Heiahts
is not drawn on the unnamed draWing in tha correct area
where it Is now located in regards to the bridge.
"
,
In Sununary:
I would like the personnel of University Heights and Iowa City
who are involved with the engineering to meet with me to resolve
these problems before the project goes any farther,
I also believe the City of Iowa City and University Heights
need to look at the traffic problems that are going to be caused
by this new bridge con~tructlon project, If at all possible I
believe at l~ast one lane of this bridge should remain open at
all times for ~mergency vehicles as well as local traffic, This is
a vital link between these two conununities and the University of
Iowa Hospitals and Athletic Areas, It is also very important to
the business di~trlct of University Heights, .
Sincerely,
.
Nate MoorE! Jr,
NM:pjm
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City of Iowa City
MEMORANDUM
DATE: December 21, 1992
TO: City Council
FROM: City Manager
RE: Pending Development Issues
A proposal to create a new zone to accommodate commercial and
residential development in the area generally located on the
north side of Jefferson Street between Linn and Van Buren
Streets and on the south side of Jefferson Street between
Gilbert and Van Buren Streets.
An application submitted by K.M for final plat approval of Park
West Subdivision, Parts 2, 3 and 4, an approximate 17,1 acre,
3g.lot residential subdivision located on Teg Drive extended
and east of Willow Creek.
An application submitted by Dr. Donald J. Conlon for approval
of a 'special exception to permit an 1800 square foot dental
office in the CN-1 zone on Lot 168 of Court Hill Scott
Boulevard, generally located on the northwest corner of Court
Street and Scott Court. '
An app 1 icati on submi tted by Kennedy Hi 1 genberg Enterpri ses to
rezone 14.25 acres of an 85.3 acre tract generally located west
of U.S. Highway 218 and north of Rohret Road from ID-RS to P
to accommodate a proposed public elementary school and to rezone
the ba 1 ance of the 85.3 acre parcel from ID-RS to RS-5, Low
Density Single.Family Residential.
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City of Iowa City
MEMORANDUM
Date: December 21, 1992 I
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To: City Council 1
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From: City Manager
Re: Inventory of City Owned Property - Update
We are continuing to compile the Inventory of City owned property, In that we are attempting to
prepare as detailed of Information as possible, that Is a data sheet which also includes legal
descriptions, It Is taking far more time than we anticipated, I have encouraged staff to prepare
the more detailed Inventory, In that we can place the Information In our computer and thereby
make It a little more accessible and useful to all parties,
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We will continue working on this project and I will provide you with a periodic update,
nslJnvonlry
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December 22, 1992
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CITY OF IOWA CITY
The Honorable Jim Leach
House of Representatives
1514 Longworth House Office Bldg.
Washington, D.C. 20515
Dear Jim:
Attached is a copy of an, article from the Sunday Des Moines Register, December 20, 1992. In the article
it discusses water quality practices that were initiated by the Dept, of Agriculture 10 apparently Improve
upon 'water quality practices ... nutrient management, animal waste systems, strip cropping, field border
strips, irrigation management and integrated pest management.' We are now Involved In the development
of a new city water system and one of the questions raised is the fact that those farmers we have
approached to secure test well sites object to Dept. of Natural Resources regula1ions concerning the
application of farmland chemicals. As I am sure you can appreciate, a well head would, of necessity, need
to be protected from any type of agricultural contamination. Farmers apparently feel strongly that while
the issue to the city is an improved water supply to fulfill federal safe drinking water standards, their
concerns are also any potential agricultural regulations. If, In fact, these water quality practices so noted
in this article can be helpful it may provide us with additional information to possibly relieve some of their
concerns.
The State of Iowa has been approached by cities utilizing surface water (river) for their water source to
provide for filter strip legislation and other regulations to protect our water source from farm chemicals, a
key source of the nitrate problems we experience. As you can see, as we try to satisfy federal law with
respect to safe drinking water standards, we also must deal with the concerns of farmers, that is, as we
comply, they may also be forced to improve upon their use of agricultural chemicals, animal waste disposal,
pest management, etc.
Any general information about this program and Its findings so Indicated In the article would be helpful, Of
particular interest will be Improved animal waste storage, reduction In 1he application of nitrogen, and
application of pesticides. Our county government may be interested in how they can improve agricultural
practices for their rural constituency and support the water needs of their urban constituency. 'If you or
a member of your staff need any additional Information, please feel free to call,
Sincerely,
,
cc: City Council
Chuck Schmadeke, Director of Public Works
Ed Moreno, Asst. Water Superintendent
I'lI\Wlttt
.10 EAST WASHIHOTON STREET. IOWA CITY, 10W'\ 5224001126 'IJItI H6.s00D. FAX (lit) lSl.sOot
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:,:Agrlculture Department says poundofactlveingredJentperacre,
:~l'aimers put warer-quallty,practlces Water-quallty practices include
" Into effect on 550,000 acres of crop. nutrient managemen~ anlmaI waste
;.Iimd In fiscal 1991 underpl'Ojectslnl. systems, strip-cropping, field border
:'Bated by the deplll1ll\enL;, ",.' strips, irrigation management and
" "These projects reduce soli erosion Integrated pest managemenL, .
, and sedimentation, Improve the han- '" Demonstration projects are de-
l.dllng of anlmal1l'aste and,;educe the signed to use new and Innovative
,'application of nutrients, said WII. ' practices and to transfer Infonna.
'~Uam Richards" ~hief of the USDA's tion to other regions that have siml,
:,~UConservat!onService,.. ': ',' larproblems,
~ ,The deplll1ll\ent estimated, that The Soli Conservation Service,
' \0,000 producers participated In 74 along with the USDA's Extension
,;seJected agricultural watersheds and Se ..... iii
'.. f6 demonstration projects across the rvlce and the _.cuItura1 Stab '
:.c;ountry. They Included the follow. zation and Conservation Service,
;lng: ' , .,' provide leadership for the projects,
:' , · 3 300 producers reduced soli which Include educational,le<:bnlcal
~I'", , andfinancialassfstance"""
..~l~:~~,:~e.~I~ent~.~i~~:;:on ,Activities arecoordinateo wit~, ,
., " 325 producers Improved animal soli conservation dIstricts, ,state
'.'iVaste storage and'appIication PJ'llCo water-quallty agencles, the Environ,
...~ces on 68,000 acres" ',...... mental Protection Agency and other
:; ,. 2,300 producers carried, out state and federal agencies,
:'practices that reduced the applica. "We feel these projects demon.
: \Ion of nitrogen' by 2,6 million strate what can be accomplished,
\:,pounds and phosphorous by 1.7 mll. working jointly at all levels, "said I
; lion pounds, ,," Myron Johnsrud, administrator of
I · 600 producers decreased the ap. the ExtenslonServlce.. ,,_~... '
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December 17, 1992
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CITY OF IOWA CITY
Laurie Robinson
Johnson County Historical Society
310 Fifth Street
Coralville, IA 52241
Dear Laurie:
I have submitted to the City Council my fiscal year 1994 budget recommendations. In the
budget as proposed I have recommended $2,200 for the City's contribution to the Johnson
County' Historical Museum, Copies of your letter requesting additional funding and, in
particular, the issues associated with the hotel/motel tax, were sent to the Council. They
have an existing policy which was 'recently reafiirmed which distributes the hotel/motel ~ax
to various City agencies as well as the Convention and Visitors' Bureau:
I was advised by the City Council that with the increase in monies from the hotel/motel tax,
the Convention and Visitors' Bureau may also be in a position to consider additional funding
for worthwhile community projects and/or agencies. If you have not, you may wish to pursue
that alternative,
Council budget work sessions begin January 12 and January 14, with the public hearing
scheduled for February 23, '
Sincerely,
I~
Stephen J. Atkins
City Manager
cc: City Council /'
Don Yucuis
n.\loblnlon
410 EAST WASIlINQTON STREET. IOWA CITY. IOWA J2HO.IIU IIJI91 35605000. FAX 0'" JS6.5009
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CITY OF IOWA CITY
December 21, 1992
Charlie Duffy, Chair
Johnson County Board of Supervisors
P.O. Box 1350
Iowa City, IA 52244
Dear Charlie:
, '
Attached Is an additional document that may be helpful to you with respect to any questions that
might arise concerning the CIty's comprehensive water project.
Sincerely yours,
#It;u
Stephen J, Atklns
City Manager
co:
City CounclI/
Johnson County Board of Supervisors
Joe Bolkcom, Supervisor Elect
Pat White, County Attorney
bcl.1
410 EAST WASlllNQ,TON STREET. IOWA CITY, IOWA ,nU.I.H. 0191 H6.,000. FAX Il19) 356.)009
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City of Iowa City
MEMORANDUM
Date: July 23, 1991
To: Honorable Mayor John McDonald and Members of the City Council
From: Linda Newman Gentry, City Attomey
Re: Power of Cities to Acquire Property Outside City LimitS
There has been some question raised as to whether Iowa City has power to acquire sampling
well easements outside its city limits. Claims have also been made that the City does not have
authority to condemn outside Its boundaries. Such is not thel~w in Iowa,
In contrast, Iowa law specifically allows for cities to acquire property outside their corporate limits,
and to do so by condemnation, Iowa law can be summarized as follows:
1, Cities may acouire and use orooertv outside the cltv as If the orooertv were within the cltv
limits.
This city power Is specifically provided by the Iowa legislature:
'A city, may:
1. Acquire, hold, and dispose of property outside the city In the same manner as within,'
See, 364,4, Code of Iowa (1991),
2, The Iowa leolslature has oranted to cities broad oowers of eminent domain or
condemnation.
"The right to take private property for public use Is hereby conferred:
...
6. eiUes, Upon all cities for public purposes which are reasonable and necessmy
as an Incident to the powers and duties conferred upon cities.'
See, 471.4(6), Code of Iowa (1991).
3, The leolslature has extended home rule oowers to cities to orotect Its citizens. Includlno
the safety. health and welfare of lis residents,
The ,Iowa legislature, In 1968, specifically provided for home rule authority for cities to
. ...perform any function It deems appropriate to protect and preselVe the rights,
privileges, and property of the city or of its residents, and to preselVe and Improve
the peace, safely, heallh, welfare, comfort and convenience of Its residents.'
See, 364,1, Code of Iowa (1991),
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Preserving and protecting the City's water supply is clearly within this 'home rule' authority
granted to Iowa City.
4. The Iowa Supreme Court recently Interpreted the above-<1uoted statutes 10 include arantS
of authority to cities to acquire property outside their corporate limits. and that this power Included
the power to condemn,
The three statutes quoted above were recently Interpreted by the Iowa Supreme Court, where the
Court found they specifically granted clUes the power to acquire property outside their corporate
limits for a valid public purpose, and Ihat this power extends to condemnation, Banks v, City of
Ames, 369 N,W,2d 451,453-54, In City of Ames. landowners challenged the legality of Ames'
condemnation proceedings to acquire land to build a new sewer treatment facility, claiming the
City of Ames did not have authority to condemn outside its city limits.
The Iowa Supreme Court rejected the landowners' claims, finding that the slatutes quoted above
granted the City of Ames authority to do the very thing the landowners claimed was Illegal:
'A fair Interpretation of the language authorizing a city to '[a]cqulre, hold, and
dispose of property outside the city In the same manner as within' (emphasis
added) suggests that acquisition by eminent domain Is Included within the Intent
of that statutory language. The district court did not err In ruling that the City could
exercise Its ;,ower of eminent domain outside its corporate boundaries.'
City of Ames. at 454 (emphasis Included In quote),
In other words, the court had correctly held that the City of Ames was not precluded from
exercising Its powers of eminent domain, or condemnation, outside Its corporate boundaries,
5, Acaulrina temporary and permanenl easements for water well samplinQ and aeoloalcal
lestlna Is a valid public purpose under Iowa law,
A city's right to take private property for a public use is given Iowa City by the Iowa legislature, '
as previously quoted above, and Includes:
'...for public purposes which are reasonable and necessary as an Incident to the
powers and duties conferred upon ,cities.'
Sec. 471.4(6) (1991),
With these objectives In mind, It Is clear, beyond cavil, that Iowa City's attempt to secure a
continuing supply of healthful water, In sufficient quantities to assure the safety and welfare of Its
residents, and to do so by way of geological surveys and sampling wells, easily meets the test
of 'valid public purpose.' it Is up to the City Council to decide 'valid public purpose,' and the
courts do not second-guess cities on that question, City of Ames, at 454-55; Vllletoe v, Iowa
Southern Utilities Company, 123 N.W,2d 878, 880 (Iowa 1963) (transmission of electric current
for distribution 10 the public Is a valid public purpose).
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6. The City's riohtto protect Its own citizens Is protected by Iowa law.
In the City of Ames case, the landowners had argued that it was In violation of their equal
protection rights to have land condemned by persons for whom they could not vote. This
argument was rejected as totally without merit by the Iowa Supreme Court, concluding:
'We find no merit In this contention, The same argument could be made by
nonresidents who own property within the corporate boundaries of a municipality.'
City of Ames, at 454.
Finally, the courts will not Interfere with a city's finding of public purpose 'unless It Is a clear, plain
and palpable [that] it Is private In character,' Vittetoe, at 880.
Iowa City's Comprehensive Water Plan and sampling procedures are designed to protect the
public, Claims being made otherwise are unfounded. Ills therefore my conclusion that the City's
authority to acquire sampling well easements and construction easements Is proper under Iowa
law, and specifically approved by the Iowa Supreme Court. I have attached a copy of the Q!!y
of Ames case for your Information, since It Is short and well-written.
I will be available for questions, as needed,
Attachment
cc: ' Stephen Atkins, City Manager
Marian Karr, City Clerk
Charles Schmadeke, PU911c Works Director
n:lcadala~e9aM1emoslacqprop
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BASKS v, CITY OF A~IES
CllruJ69N,WJd"'1 flow. Iml
The result reached by the trial court in tion of law; and (3) genuine issue of mate-
this case was correcl rial fact existed precluding summary jude'
AFFIR~IED. ment in Injunction action,
Affirmed in part, reversed in part, and
remanded in injunction action; vacated and
remanded in certiorari action,
.
o II1lUNIII\flIll1
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~obert J, Bank., Leo
W, Kinyon. Nora E, Kinyon, Jerald
Ryerson, Carol Ryerson, Glenn E, In.
gram, V. Bernice Ingram, Lawrence K,
Jordan, G. Margaret Jordan, Isabelle G,
Jordan, Oley B, Eide, Irlne Elde,
Duane H. Seve!'!on and Bonnie I. Sev.
l!'!on, Appellants,
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No. 84-1156,
Supreme Court of Iowa,
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Landowners brought action tD enjoin
location of proposed sewage treatment fa,
cilily on or near their property, City was
granted summary judgmenl Subsequent,
Iy, landowne!'! brought certiorari proceed,
Ing challenging legality of eminent domain
proceedings for purposes 01 acquiring their
land lor lacility, District court rejected
landowners' c,hallenge tD appolnbnent 01
particular commissioner and othelWise dis'
missed certiorari action on grounds 01 issue
and claim preclusion, Landowners appeal:
ed lrom the decisions 01 the District Court
lor Story County, Russell J, Hill, and M,D,
Seiser, JJ, The Supreme Court, Carter, J"
held that: 111 landowners had preserved no
issue with respect tD city's lailure tD an'
swer interrogatories prior tD district
court's grant 01 city's summary judgment
motion; 12) permitting municipal o/ficials
selected in elective process in which land,
owners were not entitled tD participate tD
make decision to acquire landowners' prop-
erty did not deny landowners equal protec.
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Iowa 451
1, Appeal and Error <1=>238(1)
Landowners preserved no issue with
respect tD city's failure tD answer interrog'
atories prior tD district court's grant oC
city's summary judgment motion in action
by landowners tD enjoin location of pro-
posed sewage treatment Cacility, where
landowners did not seek, tD delay district
court's disposition 01 summary judgment
motion as permitted by Rule of Civil Proce-
dure 237(0, which governs procedures
when affidavits tD resist summary judg,
ment are unavailable, notwithstanding
city's Cailure to timely answer interrogatD'
ries, Rules Clv,Proc" Rule 237(0,
2, Eminent Domain ""45
Fair interpretation ,oC language 01
J.C.A. ! 364,411), which authorizes city tD
acquire, hold, and dispose 01 property out,
side city in same manner as within, sug.
gested that acquisition by eminent domain
was Included within intent 01 such statu,
tDry language; thus,' district court did not
err In ruling that city could exercise its .
powers oC eminent domain outside its cor'
porate boundaries,
3, Constitutional Law <1=>281
Permitting municipal o/ficials selected
In elective process in which lan~owners
were not entitled tD participate tD make
decision tD acquire landowners' property
through eminent domain did not deny land,
owners equal protection of law as guaran'
teed by State and Federal Constitutions,
U,S,C,A, ConsLAmends, 5, 14,
4, Emlnlnt Domain <1=>274(1)
Proper test tD be applied in action by
landowners to enjoin eity from acquiring
their property through eminent domain
with respect tD landowners' claim that city
would be unable tD obtain required permits
and Cunding for proposed sewage treat,
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452 Iowa
369 :-;ORTH WESTERN REPORTER, 2d SERIES
ment facility was whether there was rea,
sonable assurancc that intended use would
come to pass,
5, Municipal Corporallons e>265 .
In choosing among alternative sites
which might be utilized lor construction 01
public improvemen~ all that is required is
that legislative detennination not totally
disregard lacts belore the body or other,
wise constitute clearly arbitrary selection,
6, Judgment e>181l15)
In action by landowners to enjoin loca,
tion 01 proposed sewage treatment lacility
on or near their property, genuine issue 01
material lact existed as to whether there
was reasonable probability that proposed
project could be successlully completed,
precluding summary judgment against
landowners,
7, Judgment e>653
Disposition 01 action by summary judg,
ment precluded relitigation 01 same claims
in subsequent proceeding, even though is,
sues had not been tried; thus, district court
was correct in dismissing certio(aJi action
challenging legality 01 proceedings 01 com'
pensation commission, where summary
judgment had previously been granted to
city in proceeding by landowners to enjoin
location 01 proposed sewage treatment lacil,
ity on or near their property,
Robert A, Hutchison and Monte R, Han'
son 01 Brown, Winick, Graves, Donnelly &
Baskerville, Des Moines, lor appellants,
John R, Klaus, City Atty" Ames, lor
appellee,
Considered by REYNOLDSON, C;" and
McCORMICK, SCHULTZ. CARTER and
WOLLE, JJ,
CARTER, Justice,
Landowners in the vicinity 01 a proposed
sewage treatment lacility appeal Irom dis,
, trict court orders h. an injunction action
seeking to halt the location 01 the project
on or near plaintills' property, and a certio-
rari procceding challenging the legality 01
eminent domain proceedings lor purposes
01 acquiring land lor the lacility lrom
plain tills Harold L, Banks and Roberta J,
Banks,
PlaintilCs Harold L, Banks and Roberta
J, Banks own lannland adjoining the
Skunk River, a part 01 which has been
selected by the city 01 Ames as the site lor
the construction 01 a new sewage treat-
ment planL The remaining plaintills own
property in close proximity to that site
which is outside the city limits 01 Ames,
On February 2, 1984, plaintills com'
menced an action to enjoin the location 01
the proposed project on the Banks' proper,
ty on various grounds, These grounds in,
eluded the lollowing: (I) that the City was
without statutory authority to exereise its
powers 01 eminent domain beyond its cor-
porate boundaries; (2) that it was not rea,
sonably probable that the City will secure
the necessary pennits, authorizations, ap-
provals, and lunding required to complete
the proposed projec~ and (3) that the loca,
tion 01 the project at the proposed site WllS
not a "reasonable or necessary" public pur-
pose because 01 the existenC<! 01 alternative
sites,
The plaintills filed lengthy interrogato-
ries seeking inlonnation concerning the de-
tails 01 the necessary pennits, authoriza,
tions and lunding lor the projecL Prior to
answering these interrogatories, the City
answered the petition denying any legal
inlinnity in its activities, Subsequently,
and again prior to answering plaintills' in,
terrogatories" it med a motion lor summa,
ry judgment alleging that it WllS "reason_
ably probable" that the pennits, authoriza,
tions, approvals and lunding required to
complete the project could be obtained and
that the proposed location 01 the lacility
WlIS, based upon good engineering practic-
es and economic considerations, the best
available site,
The plaintills med a resistance to the
motion lor summary judgment supported
by the allidavit 01 th~ plaintill Harold L.
Banks, stating that other reasonable and
more practical sites were available thereby
negating any necessity that his land be
I
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BA~KS v. CITY OF AMES
CII.uWJN.W.%d45ll1owI "IS}
Iowa 453
"
taken, and further stating that it was possi,
ble for the City to accomplish the desired
result through renovation and upgrading of
its existing sewage treatment facility, In
another aUidavit filed as part of plaintiUs'
resistance to the motion for summary judg,
men~ one Joyce E, Peterson, who was not
identified, except as to name, stated that
she had researched and investigated the
proposed project in detail, was familiar
with the pennita, authorizations, approvals
and funding required and believed that it
was not reasonably probable that the
project can be successfully completed by
the City,
Plaintiffs filed a motion for adjudication
01 points 01 law under rule 01 civil proc..
dure 105, seeking a determination of the
City's authority to exerc~e its power 01
eminent domain beyond its corporate
boundaries, The court's nlling on that mo-
tion upheld the City's authority to condemn
land lying outside the city limits, Based
upon that ruling, the pleadings, and the
affidavits on file, the d~trict court granted
the City's motion for summary judgment in
the injunction action and dism~sed plain,
tifls' action, At the time 01 the disposition
01 the motion for summary judgmen~ the
City had still not answered plaintiffs' inter'
rogatories,
Subsequently, alter a condemnation com'
mission was convened lor the taking 01 the
land 01 plaintiUs Harold L. Banks and Ro-
berta J, Banks for purposes 01 the pro-
posed sewage treatment facility, ~Iaintiffs
commenced a certiorari action in district
court challenging the authority of the com,
mission, Apart lrom an issue involving the
oral appointment 01 a particular commis,
sioner by the chiel judge of the judicial
distric~ which is not pursued on th~ ap-
peal, the challenges lodged to the legality
01 the proceedings of the compensation
commission involve the same basic claims
and ~sues as were adjudged against the
plaintiffs in the injunction action, After
reje<:ting plaintiUs' challenge to the ap-
pointment of the particular compensation
commissioner, the district court otherwise
dismissed the certiorari action on grounds
of ~sue and claim preclusion,
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Plaintiffs' separate appeals from the
judgments 01 the district court in the in,
junction action and the certiorari action
have been consolidated for consideration by
this court. Other factual and procedural
matters not previously set forth will be
considered in our discussion of the legal
issues which are presented by the appeal. '
I, Propriety of Entering Summary
Judgment Before the City Answered
Plaintiffs'lnterrogatories,
We first consider plaintiUs' contention
that it was not proper for the district court
to rule on the City's motion for summary
judgment prior to the serving and filing 01
the City's answers to plaintiffs' interroga,
tories, Those interrogatories were served
and filed on February 9, 1984 and remained
unanswered on June 19, 1984 when the
court granted the City's motion for summa,
ry judgment
[1] 'Whatever merit ,this argument
would have had il it had been presented to
the district court, it provides no ground lor
reliel on this appeal. Iowa Rule 01 Civil
Procedure 23'l(t) permits a party resisting
a motion lor summary judgment to seek
delay in the district court's disposition 01
the motion unbl completion of such dis,
covery as is required to adequately resist,
the motion, Notwithstanding the City's
lailure to timely answer the interrogato-
ries, the plaintifls did not seek to delay the
district court's disposition 01 the summary
judgment motion as permitted by rule
237(f), As a result 01 this failure, they
have preserved no issue with respect to the
City's failure to answer the interrogatories,
l!, Authority of City to Ererci3e Pow'
er of Eminent Domain Beyond its Corpo-
rate Limits,
PlaintiUs' next contention involves the
district court's ruling that the City was
empowered to invoke ita powers of eminent
domain so as to acquire property located
outside iis corporate boundaries, PlaintiUs
urge that such authority ~ not conlerred
upon municipal corporations by the applica,
ble statutes,
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454 Iowa
369 NORTH WESTERN REPORTER, 2d SERIES
Prior 10 the enactment 01 the "City Code
01 Iowa," 1972 Iowa Acts chapll!r 1088,
cities in Iowa were given express sbtulory
authority 10 exen:~e their power.! 01 emi.
nent domain outside 01 their corporall!
boundaries. Iowa Code t 368.37 (1973).
The latrer sbture was repealed as a part 01
the a/orementioned comprehensive statu.
lory remion 01 laws allecting municipal
corporations. In the same act in which th~
repeal was accompl~hed, section 13 01 the
"City Code 01 Iowa" (1972 Iowa Acts ch.
1088, t 13) was enacred which pro\ides:
A city may:
I. Acquire, hold and d~pose 01 prop-
erty outside the city in the same manner
as within.
That stature ~ now conbined in Iowa Code
section 364.4(1). Section 328 01 the "City
Code of Iowa" (1972 Iowa Acts ch. 1088,
t 328) conferred the power 01 eminent d",
main "upon all cities lor public purposes
which are reasonable and necessary as an
incident 10 the powers and duties conferred
upon cities." That promion ~ now con.
tained in Iowa Code section 471.4(6).
[2] It is plaintiffs' conrention that. the
repeal 01 Iowa Code section 368.37 (1973)
served 10 withdraw lrom Iowa municipali.
ties the power which they had previously
enjoyed to condemn property locared out.
side their boundaries. We disagree. A
fair inrerprebtion of the language auth",
rizing a city to "(aJcquire, hold and d~pose
of property outside the city in the some
monner as within" (emphas~ added) sug.
gests that acq~ition by eminent domain is
included Wl~t in the inrent 01 that sbtulory
language. e d~lrict co.urt did not err in
ruling that e City could exere~e its pow.
. en 01 eminent domain outside its corporate
boundaries)
III.. Whether Use of Power of Eminent
Domain to Acquire Property Owned by
Persons Not Entitled to Vote in City
Elections Serves to Deny Equal Protec.
tion of the Law.
(3J As a coroll.ry 10 its challenge 10 the
City's right 10 exercise its power of emi.
nent domain beyond its corporall! bound.
aries, plain tills assert that this operates 10
deny them equal protection 01 the law as
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guaranteed by the stall! and lederal consu.
tutions. This contention is premised on the
lact that the decision 10 acquire their proi>'
erty is m.de by municip.l ollici.ls selecred
in an elective process in which the plain-
ti/fs were not entitled to participare. We
find no merit in th~ conrention. The some
argument could be made by nonresidents
who own property within the corpornte
boundaries of a municipality. We believe
the ~sue is very similar 10 that involved in
City of Monticello v. Ada71l3, 200 N.W.2d
522, 524 (Iowa 1972), where we rejecred an
equal prorection challenge to the right of
municipal corporations 10 annex property
outside their corporare boundaries without
the consent 01 residents of the annexed
area. We similarly reject plaintiffs' equal
prorection argument in the present case.
IV. Propriety of Granting Summary
Judgment in the [njunction ActiolL
We must begin our consideration of
plaintifls' challenge 10 granting summary
judgment in the injunction action with a
review 01 the legal principles involved in
challenging condemnation of private prop-
erty on the ground that the condemning
authority is acting without sufficient publie
purpose or necessity. Our most compre-
hensive review 01 these principles is con-
tained in .llann v. City of.llarshalltou'7l,
265 N. W.2d 307 (19781. Despire some Ian.
guage 10 the contrary in our earlier deci-
sions, we recognized in Mann that the is.
sues 01 necessity and public purpose may
be ra~ed by an independent action seeking
to enjoin condemnation. [d. at 313. The
source 01 this right was determined 10 lie in
Iowa Code section 471.4(6) (1977) which is
identical with the sbtute in force at the
time 01 the present proceedings. That sbt.
ute provides:
The right 10 bke private property lor
publie use is hereby con/erred:
6. Cilies. Upon all cities for pubtic
purposes which are reasonable ond nec.
essory as an incident 10 the power.! and
duties conlerred upon cities.
(Emphasis added.)
(.IJ The .Ilonn decision considered botll
areas or concern involved in the present
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BANKS v. CITY OF A~'ES
CllfuJ69N.WJd451 1I0WI nUl
Iowa 455
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case. i.e" the likelihood 01 securing the
required permits and lunding, and the suit.
ability 01 the site selection. As to the first
area 01 concern, in Mann, 265 N.W.2d at
315, and our more recent dec~ion 01 Hardy
v. Grant Township Board of Trustees, 357
N.W.2d 623, 627 (Iowa 1984), we have ai>'
proved the following standard employed by
the Wisconsin court in Falkner v. North.
ern States Polt'er Co., 75 Wis.2d 116, 129,
248 N.W.2d 885, 891-93 (1977):
There will always be some possibility
that a planned improvement will not be
completed and put to the use inrended.
The rest cannot be whether it is possible,
whether it ~ conceivable that the project
would lail. The rest must be whether
there is a reasonable assurnnce that the
intended use will come 10 pass. II there
.. is reasonable probability that the [con.
demning authorityJ will comply with all
applicable sbndards, will meet all re-
quirements lor the issuance 01 necessary
permits, and will not otherwise fail or be
unable 10 prosecure its undertaking 10
completion, there is a right 01 condemna.
tion.
We conclude that it ~ the proper rest 10 be
applied in the present case with respect 10
plainti/fs' claim that the City wnI be unable
to obbin the required permits .and funding.
With respect to the ~sue of sire selec.
tion, our Mann opinion relied upon Villetoe
v. Iowa Southern Uti/itie> Co., 255 Iowa
606,809-10.123 N.W.2d 878, 88(}..81 (1963),
as eSbblishing the proposition that a chal.
lenge to public purpose and necessity may
relare 10 site selection lor a needed public
project and whether the particular property
sought to be condemned ~ necessary lor
the proposed use. Id.
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(5] We recognize that, in choosing
among various sires which might be uti.
1i1~d lar the construction 01 a public im.
provement, a city council, acting as a legis.
lative body, ~ vesred with considerable dis.
cretion. Many laclon must be considered
in selecting a suibble sill!, some fiscal,
some technical, and doubtless some which
may only be characll!rized as political.
There will o(ll!n not be a clearly identifia.
ble superior sire. In choosing among alrer.
native sires, all that is required is that the
legislative derermin.tion not loblly dis.
regord the lacts be/ore the body or other.
wise constitute a clearly arbitrary selec.
tion. See 11 E. McQuillin, The Law of
Municipal Corporations i 32.2S n. 4 (3d
rev. ed. 1983).
We must determine whether in the appli.
cation 01 the loregoing legal principles 10
the motion papen the district court was
justified in granting the City's motion lor
summary judgmenl With respect 10 the
prob.ble success which might be expecred
in securing the permits, authorizatio'ns, ap-
provals, and funding required 10 complete
the projecl the City's motion lor summary
judgment recired:
Because there is a reasonabie probability
that the De/~ndant City will comply witl,
all applicable governmenbl sbndards
and permit requirements lor its proposed
new Warer Pollution Control Facility,
and will not in any other way lail or be
unable 10 prosecure its undertaking 10
completion, the De/endant has a lawlul
right and authority under sections 364..
4(1) and 471.4(6) 01 the Code 01 Iowa 10
acquire the sire and build the lacility.
In support 01 the motion ~ atbched the
affidavit 01 Thomas W. Neumann, the as.
sistant director 01 the City's warer poilu.
tion control planl The affiant outlines cer.
bin studies which indicate that the City's
existing waste wa\Cr treatment plant lacks
sufficient capacity 10 meet lederal sbn.
dards. Based on early grants received un.
der the Federal Warer Pollution Control
Act 01 1972, the City was scheduled lor
lunding 01 n new lacility, 10 commence in.
fIScal year 1976. In 1980, there were revi.
sions 10 the grant sysrem and the priority
list which delayed necessary lunding until
the 1990's. Still other ehanges in the grant
priority sysrem occurred in 1983 creating
eligibility criteria which, il adopll!d, could
authorize grant lunding lor the Ames
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456 Iowa
369 NORTH WESTERN REPORTER, 2d SERIES
projeet as early as Iiscal year 1985 (Octo-
ber 1984-8eptember 1985).'
Other sbrements contained in the affida.
vit indicare construction approvals were yet
10 be received from the Unired Stares
Army Corps of Engineers, the Iowa De-
partment af Transportation, the Iowa Sbte
Historical Departmen~ and the Iowa De-
partment of Water, Air and Waste Manage-
ment in order to complete the project The
affidavit concludes by stating that the City
is presently required by federal law 10 p""
vide adequare waste water treatment by
July 1, 1988 and that
there has been na evidence that the city
of Ames cannot or will not meet the July
I, 1988 federal deadline for providing the
equivalent of secondary treatment with
or without grant funds. The manner in
which compliance Wlll be achieved may
vary depending on whether .or not grant
funds are available to the city. How.
ever, the Ames City Council has vored
unanimously that all facility improve-
ments will be done at the proposed new
site.
Also filed in support of the City's motion
for summary judgment ~ the affidavit ola
professional eivil engineer in which t.he affi.
ant stares "I can discern no technical rea.
son why the city oi Ames' project for a
~ew warer pollution control facility, as set
out in its facility plan, will not receive all
regula lory ageney approvals."
In resistan.ce 10 the City's motion for
summary jUdgment, the plaintills asserllld
that
there ~ a marerial issue of fact as to
whether there ~ a reasonable assurance
that the intended use of the land sought
to be condemned will come 10 pass. The
exisrence of reasonable probability that
the City will (I) comply with all applica.
ble govemmenbl sbndards; (2) will
meet all requirements for the issuance of
necessary permits; and (3) will not other.
wise fail or be unable to complere the
undertaking is a question of fact
In support of this resist.ance, plain tills /
atbch the affidavit of one Joyce E. Peter.
lon, who ~ not identified except by name.
I. The: record does nOI rentel WhC:lt,cr Ihls lund.
She indicated that she had personal knowl.
edge and experience concerning the pt()o
posed sewage treatment projeCt had fol.
lowed its evolution over several)'ean, had
done a significant amount of research and
investigation into the permits, authoriza.
tions, approvals and funding required to
complete the project and that a reasonable
probability that the City could satisfy all
. requirements necessary to permit compie-
tion of the project "cannot presently be
shown." In addition, the Pererson affida.
vit specifically sbres
(TJhe status of grant funding from gov.
ernmental sources is presently unclear,
Defendant cannot show a reasonable
probability that it will be nble 10 success.
fully complere the construction and oper.
ation of a new Warer Pollution Control
Facility. Given the uncertainties of
funding for th~ project Defendant can.
not reasonably expect to achieve its pub-
lie purpose in bking the land involved in
,this dispure.
We recognized in Daboll v. Hodt'7l, 222
N. W.2d 727, 732-33 (Iowa 1974), that ce~
tain types of issues by their very n.ture
are not susceptIble of summlU')' adjudica. .
tion. We placed considerable significance
in Doboll and in Sherwood v. Nisst'7l, 179
N.W,2d 336, 339 (Iowa 1970), on the iollow.
ing' sbtement of principle contained in the
notes of the ad.~ory committee on the
lederal summary judgment rule from
which our rule is p.trerned. Those com.
ments stare:
Where the evidentiary matter in support
of the motion docs not establish the ab-
sence of a genuine issue, summary judg.
ment must be denied even il no opposing
elidentiary matter is presented.
See Dnboll, 222 N. W.2d at 735; and Sher.
u'ood. 179 N. W.2d at 339. In the Sher.
wood decision, we further relied on the
following cOmmenbry: .
Yet the party moving for summary judg.
ment has the burden to show that he ~
entitled 10 judgment under esbbl~hed
principles; and if he does not discharge
in" was (onhcoming during nSC31 Ye.1r 1985.
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BANKS v. CITY OF A~IES
CUt uJ69 N,WJdm HOWl IWI
that burden then he is not entitled eo wish eo discourage their use. We are con.
judgment No defense eo all insufficient vinced, however, that in the present case
showing is required. there .re factual determinations remaining
Id. at 339, citing 6 J. ~loore Federal Prac. 10 be made in the disposition of the contr()o
tice 1282512d ed. 19661. versy. Nothing in our opinion is inrended
Application of these principles in Doboll to su.ggest how the case should be decided
led 10 the conclusion that, in negligence at trial.
cases and particularly in malprnctice cases, V. IMmis.lOl of Certiorari Action on
summary judgmcnt is seldom, if ever, ap- Grounds of Issue Preclusion and Claim
propriare on issues involving the reason. PreclusiolL
ableness of a person', conduct In Sher.
wood, we drew similar conclusion, with
regard to the reasonable value of services.
11 we apply these same principles to the
present ease, we reach a similar conclusion
with respect to whether the motion for
summ.ry judgment establishes th.t there
~ a reasonable probability that the p""
posed project can be successfully complet.
ed.
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Iowa 457
[7J As a final ~sue, we consider plain.
tiff,' challenge 10 the district court's d~.
missal of its certiorari action on the ground
that the controlling issues of fact and law
had been adjudicared against plaintiUs in
the injunction action. Plaintiffs assert that
disposition of an action by summary judg.
ment should not preclude relitigation of the
same claims in a subsequent proceeding
beeause the issues have not been tried.
We disogree. In Jordan v. Stuart Cream.
ery Inc., 258 Iowa 1, 4, 137 N.W.2d 259,
261 (1965), we stared:
Rule 217, Rules 01 Civil Procedure, p""
vides: "All dismissals not governed by
rule 215 or not for want of jurisdiction or
improper venue, shall operare as adjudi.
cation, on the merits unless they specify
otherwise." Therefore, these dismissals
were with prejudice on the merits.
Such dismissals without an actual tri.1
can be the basis of a plea of res judicab.
Plaintiffs' certiorari petition presents es.
sentially the same claim as its injunction
petition. Plaintiffs do not challenge the
district court's derermination that the City
is the real party in Inrerest in both actions.
We therefore conclude that the district
court in the plaintiffs' certiorari action was
comet in dismissing that action on
grounds of claim preclusion based upon the
state of the record at that time. The court
was not required 10 await the result of this
appeal. See Resbtement (Second) Judg.
ments I 13 comment f (1980). Because,
however, the judgment upon which this
derermination was based has now been re-
ver.;ed, we vacare the judgment in the cer.
tiorari action and remand that action 10 the
district court for further proceedings, See
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[6] The evidentiary matter proUered in
support of the City', motion for summary
judgment is in the form of opinion Il!stim",
ny. Given the freedom which a trier of
fact enjoys to disregard opinion. evidence,
see Haumersen v. Ford Motor Co., 257
N.W.2d 7,.11 (rowa 1977); Miller v. Inter.
national Harvcster Co., 246 N.W.2d 298,
302 (lowa 1976), we are unable 10 conclude
that the motion papen and supporting alfi.
davits negate, as a matrer of law, plain.
tiffs' entitlement 10 injunctive relief. We
reach this conclusion without evaluating
the legal sufficiency of plaintiffs' resist.
nnce 10 the motion for summary judgment
As a result 01 our views on the factual
~sue surrounding the reason~ble probabili.
ty of the City's completion of the project,
We do not separarely d~cuss the similar
issues presenred regarding the suibbility
of the sire selecred for the project As a
result 01 the inrerrelationship between
funding, project completion, and sire selec.
tion, we conclude that these issues are suf.
ficiently linked 10 require a live trial with
respect 10 all aspects of plaintills' chal.
lenge 10 the proposed facility on the
grounds of public purpose and necessity.
The summary judgment procedures em.
bodie~ in rules of civil procedure 237 and
238 have a salubry purpose. We do not
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458 Iowa
369 NORTH WESTERN REPORTER, 2d SERIES
~sbtement (Second) Judgments t 16 com.
ment c (1980).
For the reasons stated in this opinion, we
atrlm the district court's ruling in the in.
junction action that the City may exercise
its powen of eminent domain beyond its
corporate boundaries. We revene the dis.
trict court's ruling in the injunction sction
granting the City's motion for summary
judgment and remand that action 10 the
~trict court. We vacate the judgment in
the certiorari action and remand that action
to the d~trict court. All costs on appeal
are taxed 10 the appellee.
AFFIRMED IN PART, REVERSED IN
PART, AND REMANDED IN INJUNC-
TION AcrION; VACATED AND RE-
MANDED IN CERTIORARI AcrION.
.
o lttT.~ltlUn\IIM
!
STATE of low.. Plalntllf.Appellee,
..
Uale Alan WOLFE,
Defendanl.AppellanL
No. 83-1374.
Court of Appeals of Iowa.
March 26, 1985.
Defendant was convicred in the Dis.
trict Court for Black Hawk County, George
1.. Stigler, Associate Judge, of driving
while inloxicared and defendant appealed.
The Court of Appeals, Donielson, P J., held
tha~ (1) evidence was insutrlcient 10 sus'
tain Sble'S burden of showing that results
of breath Il!st were reliablo and thus, evi.
dence concerning the breath test should
have been excluded; (2) that St,te failed to
produce Il!chnician at trial 10 testify con.
cerning the inloxilyzer machine used was
not grou~ds for mistrial; and (3) prescrip-
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tion medication defense required that there
be no elidence of alcohol.
Revened.
I. Criminal Law ""368
In order 10 admit the results of breath
test inlo evidence, the state must demon.
strate compliance with the procedural re-
quirements, and the accuracy and reliabili.
ty of the particular Il!st results.
%. Criminal Law ",,388
Sbre failed 10 meet its burden to show
that inloxilyzer machine was functioning
properly at the time defendant's breath
was analyzed, where the machine lailed to
produce prinll!d analysis of delendant's
blood.alcohollevel and where machine was
never introduced in14 ..idence.
3. Criminal Law ""368
Absent evidence that mual result dis.
played on inloxilyzer machine used for
breath rest was reliable, restimony concern.
ing the results of such ex(ernal indicator
was inadmissible.
4. Courts ",,991ll
D~trict court may change its own rul.
ing in the progress of case.
5. Criminal Law <1"867
That court stared in written ruling that
delendant could subpoena any lisred wit.
ness from the DCI, rather than requiring
the Sbte 10 produce rechnician 10 testify
concerning inloxilyzer machine used, was
not grounds lor mistrial, even though, pur-
suant 10 defendant's motion for ehem~t at
suppression hearing, court had ruled that
Sbte would be required 10 produce techn~
cian at trial.
6. AUlomoblles<l"332
Prescription drug defense to charges
af operating vehicle while intoxicated was
not available if there was satlsfaclory
proaf of the use of any quantity of alcohol.
I.C.A. t 321.281(7).
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City of Iowa City
M E M 0 RAN 0 U M
FROM:
Denny Gannon
!;q
~- tor ~
TO:
Stel'e .i..~.(:as
DATE: December 18, 1992
RE: Melrose Avenue Bridge Replacement Project
Due to complications in completing agreements, etc. relative to
the above-referenced project, a March 30, 1993 bid letting date
is not likely since the Iowa Department of Transportation (IDOT)
requires that all agreements, right of way and easement
acquisition, project plans, etc. must be completed by January 4,
1993. Some future IDOT letting dates are May 4, 1993 (February
8, 1993 deadline for agreements, etc.), June 15, 1993 (March 22,
1993 deadline),. and August 3, 1993 (May 10, 1993 deadline). Keep
in mind that the project will take 12-15 months to complete; the
final stage of construction which is the removal and replacement
of pavement must be completed before the start of a University of
Iowa football season.
. cc: Rick Fosse
Chuck Schmadeke
Linda Gentry
~~
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City of Iowa City
MEMORANDUM
Date: December 18, 1992
To: Mayor and City Council
From: City Clerk
Re: Council Work Session, December 14,1992 - 6:30 p.m. In the Council Chambers
Mayor Darrel Courtney presiding. Councllmembers: Courtney, Horowitz, Larson, Ambrisco,
McDonald, Novick, Kubby. Staff present: Atkins, Helling, Burnside, Karr, Franklin, Moen,
Davidson, Fosse, Pumfrey, Mlklo, Rockwell. Tape recorded on Tapes 92-103, Side 1; 92-105,
Sides 1 and 2.
DEER CROSSING SIGN:
Reel 92-103, Side 1
City Manager Atkins proposed that criteria for posting deer signs be based on arterial collector
streets with 35 mph speed limits and subjective review of complaints and the number of deer hit.
PLANNING & ZONING MAlTERS:
Reel 92-103. Side 1
Senior Planner Monica Moen presented the following Planning and Zoning Ilems:
a. Settlno a oubllc hearlno for Januarv 5, 1993, on an ordinance amend/no the Zonlna
Ordinance bv chanolno the use reoulations of certain orooerIY. known as Lots 13 and 14,
Block One. Braverman Center Subdivision, located on Peooerwood Lane east of Keokuk
Street. from CO-1. Commercial Office, to CC-2. Communllv Commercial. (I.C. KldsLBg
92.0014)
Moen stated staff will provide Information to Council prior to the January 5 pUblic hearing.
b. SeUlno a oubllc hearino for Januarv 5, 1993, on an ordinance amendlno the Zonlna
Ordinance bv chanolno the use reoulatlons of a certain' 15.1 acre tract, known as
Peooerwood Xli, and localed east of S. Gilbert Street and west of Sandusky Drive on
Cherry Avenue extended from ID.RM, Interim Develooment Multl.Famllv Residential, to
RM.12, Low Densllv Multl.Famllv Residential. for 6.8 acre~, and to RS-5, Low Densllv
Slnole.Famllv Residential, for 8.3 acres. lSouthaate/REZ92.00121
City Engineer Rick Fosse presented Information.
c. SeUlno a oubllc hearlno for Januarv 5, 1993, on a resolution aoorovlno the voluntarY
annexation of a 19.53 acre tract of land localed south and east of the Intersection of
Sunset Street and Hlohwav 1 West (Dane/A.90011
d. Settlno a oUbllc hearlno for JanuarY 5, 1993, on an ordinance amendlno the Zonlno
Ordinance to chanoe the use reoulatlons of a 19.53 acre oarcellocated soulh and east
of the Intersection of Sunset Street and Hlohwav 1 West from the County deslonations of
C.2. Commercial, and A-1. Rural. to CC.2, Community Commercial and CI-1 , Intens/ve
Commercial. uoon annexation lDane/Z.90031
f--~-----"
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e. Public hearina on a resolution adoptlna the Iowa Cltv Historic Preservation Plan.
Doug Russell, Chair of the Historic Preservation Commission, and City Planner Bob Mlklo
were present. Council requested the addition of the second paragraph of the Introduction
Into the Neighborhood Strategies document, clarifying the policy (goals).
f. Resolution adoptlna the Iowa Cltv Historic Preservation Plan.
g. Public hearina on a resolution amendlna the Iowa Cltv Comprehensive Plan bv Incor.
poratlna the Iowa Cltv Historic Preservation Plan Executive Summary and the Neiahbor-
hood Strateales.
h. Resolution amendina the Iowa Cltv Comprehensive Plan by Incorporatlna the Iowa Cltv
Historic Preservation Plan Executive Summary and Neiahborhood Strateales.
I. Public hearlna on an ordinance to amend Ordinance No. 90-3483 and the accompanylna
Condlllonal Zonlna Aareement of a certain 95.61 acre propertv. known as the Whlsperina
Meadows development. located south of Hlahwav 6 and west of Bon Alre Mobile Homes.
(Z.90131
City Engineer Fosse and Assistant City Attorney Burnside presented Information. In
response to Novick, staff will report back regarding Inspection of drainage tile located
undemeath the houses. Assistant City Attomey Bumside slated she would find out which
part of the process comes under HIS Inspection. In response to Kubby, Moen stated she
wlil obtain Information about the number and price of houses sold.
I. Resolution resclndlna Resolution No. 92-210 and authorizina execution of a revised
aareement between the Cltv of Iowa City and American Colleae Testlna (ACT) concernlna
ACT's Master Development Pian.
PCD Director Karin Franklin presented Information and the plat map of ACT's proposed
plans.
m. Resolution approvlna the prellmlnarv Larae Scale Non-Residential Development Plan for
American Colleae Testlna Proaram (ACT) for propertv located at 2201 North Dodae
Street. (LSD92-0007)
n. Resolution approvlna the final plat of First and Rochester Commercial Subdivision, Part
One, Iowa City, Iowa. (SUB92-0024) (60.day IImilatlon period: December 31,1992)
City Engineer Rick Fosse presented Information.
o. Resolution approvlna the final plat of Furrows Edae, Johnson County, Iowa. (SUB92.
00251
p. Recommendation of the Plannlna and Zonlna Commission concernlna an application
submitted to Johnson County by Robert W. Wolf. on behalf of property owner E. & L.
Prvbil General Partnership, to rezone an approximate 11.82 acre tract located In Frlnae
Area 5, east of Scott Boulevard and .25 miles south of Its Intersection wilh American
Lealon Road, from RS. Suburban Residential, to RMH, Manufactured Houslna Residential
District. (CZ-9252)
I
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.....
3
Developer Bob Wolfe, MMS Consultants, Larry Schnlttjer and Gary Nagle, Village Green
resident, presented Information. (See further discussion later In the meeting.)
CARNEGIE PLAZA (OLD LIBRARY PARKING LOT):
Reel 92-105, Side 2
PCD Director Karin Franklin, Transportation Planner Jeff Davidson and developer Jim Glasgow
presented Information.
PLANNING AND ZONING ITEM #3.0. CONTINUED:
Reel 92-105, Side ~
Assistant City Attorney Burnside reported that under Chapter 21 Council would be having
a public meeting. Therefore, It has to be put on the agenda, and Council Is required to
give adequate notice. She stated Chapter 21.4 speaks of notice In a manner reasonably
calculated to apprise the public, and noted concern for getting 24 hours notice to
Interested parties If a decision Is to have a public hearing. The agenda published is not
for a public hearing - but rather consideration of a recommendation from Planning and
Zoning which Is entirely different.
COUNCIL TIME/AGENDA:
Reel 92-105, Side 2
1. Horowitz referenced a letter In the 12114 Press Gill zen and Inquired about the costs
associated with towing. Atkins responded that the City does not make money from towing
and cars can be towed after a cumulative total of $15 of parking tickets.
2. (Agenda Item #2.F.1. - letter from Ossama Elwakell - stairway to accommodate
pedestrians In the Alice Avenue Area). In response to Horowitz, Atkins stated he will
report back.
3. (Agenda Item #2.F.9. -letter from Jaroslaw and Christina Pelenskl- hazardous walking
conditions on Lee Street). Novick Inquired about the hazardous walking conditions on Lee
Street. City Manager Atkins stated that staff can deal with the parking Issue.
4. KUbby Inquired about scheduling discussion regarding the secondary access question for
subdivisions.
5. Kubby raised concerns about pedestrian access across the corner of Linn and Washington
Streets. City Manager Atkins stated that City Traffic Engineer Jim Brachlel can review
that Intersection.
6. Novick requested Information regarding the Johnson County Board of Supervisors meeting
with residents from the Hills area regarding well water sampling. City Manager Atkins
stated staff will prepare a report for the County Board and a Water employee will attend
the meeting Tuesday.
APPOINTMENTS:
Reel 92.105, Side 2
Human Rights Commission. Dorothy Paul and Ann Shires
Board of Adjustment. Barbara Ludke
Design Review - re-advertlse
Meeting adjourned at 8:50 p.m.
...............~...,~~.,.It_"...~.. --_rr.llO'J\CYII~*1nA
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13 1992
BOARD OF SUPERVISORS
Charles D. Duffy
Stephen P. Lacina
Patricia A. Meade
Richard E. Myers
Betty Ol:kenfels
~.. ~ ~
~d(,( J1-&-
~G.
€:tJ. ?f), fIAA" .
December 17, 1992
Mr. Steve Atkins
City Manager
410 East Washigton Street
Iowa City I Iowa 52240
~
D~:
The Board of Supervisors has written a Jetter to the Department of Natural Resources (copy
enclosed) raising concerns about the proposed condemnation of well sites south of Iowa City.
We are concerned that 1) questions raised by citzens affected have not been answered
completely, and 2) that factual information as to the cost and need must be shared with the
public.
i
I
Sincerely,
e),4ArlW
Charles Duffy
Chairperson
CD/jh
Enclosure
h:\lcwatet.doo
913 SOUTH DUBUQUE ST. P.O. 80X 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356.6000 PAX: (319) 356.6086
95
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Johnson County
_ \ IOWA ~
BOARD OF SUPERVISORS
Charles D. Duffy
Stephen P. Lacina
Patricia A. Meade
Richard E. Myers
Betty Ockenfels
December 17, 1992
Larry Wilson
Director
Department of Natural Resources
Wallace State Office Building
bes Moines, Iowa 50319-0034
Dear Mr. Wilson:
The Johnson County Board of Supervisors has received the enclosed petition. which objects to
the proposed water use condemnation of prime agricultural land by the City ofIowa City.
The following is a list of concerns about this proposed condemnation and land use:
1. Does the Department of Natural Resources have any initial requirements
. that the city must accomplish before condemnation can proceed? For
example, does the city have the authority to condemn ~ aiternative
source options within their own borders have been thoroughly examined
and reported upon to the citizens and the city council?
2. Does the quality or cost of water treatment constitute a reason for
condemnation if the quantity of water in the existing system is not a
problem?
3. Are there new restrictions on water quality that require Iowa City to go
outside of their boundaries to get water?
4, Does the Department of Natural Resources restriction on farm . land that
surrounds a public water source impact current and future farm practices
such as chemical use, manure spreading, livestock density, and small
municipal Jagoon systems?
5. What monitoring requirements will the Department of Natural Resources
maintain on this operation if it is ever completed?
913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356-6000 PAX: (319) 356-6086
9S
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Mr. Larry Wilson, Director
Department of Natural Resources
Page 2
. Sincerely, I
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EnclOsure
Finally, we request the'Department of Natural Resources to hold a public hearing on the
necessity for condemnation in this instance. In other words, we are 1\Sking the Department of
Natural Resources if the City of Iowa City has sufficiently investigated the alternative solutions
to new requirements before proceeding with the condemnation. If the Department of Natural
Resources would hold this hearing prior to condemnation actions inJohnson County, the Board
of Supervisors would help to arrange a site and publicize tile meeting.
h:\dickdnr.doc
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HOME BUILDERS ASSOCIATION
OF IOWA CITY
affiliated with
NATIONAL ASSOCIATION OF HOME BUILDERS
'lbn S:Dtt, 0BiImm anl t-BlI:s:s
ra.e City Pl.arnirg anl ~ O:nmIssien
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Erlalis,
I (III wrltirg en b:ta1f of tte B:artl of D1.ra::toIs of tte Ibm B.ti1cErs l\ss:X:latien of Iae
City to exp:e$ tlm;)ht:s ~ ty re::ent ac:tlcns at tte ~ l.a:ate:l at 942 Jeffers:n
stroat.
'Ire Ibm B.ti1cErs I\ss:X:latien of Iae City in tte EBrly l00:>'s i.as a plrtlclplllt; with City
offidals anl otter intereste:I plrtlEE in tte d:\I'!l.cplalt of a u.J1~dalSh~ larxl U9a
pilley. It is CErtainly ~ anl, ~ feel, UlfaIr to 9iE a d:II31q:er plan am
p:ca!Ell with d:\I'!l.cplalt in anfOt11Bl1J3 with t.lBE es1:ab1J.Sa:llarxl U9a guicE1ires cnly
to I:e pmlim:l ty tte threat of alpciclas anl p.Jrltiw ~ <Cticns in:I:misl:Ent
with tte City's a.n u.J,~de.J.w plan.
II\! awJaul reig\11:ol:s t:.akiI;J interest; anl picE in t:teir reigltorlD:xls. 1\\! 1:e1i~, l"aiever,
tlBt tte d:II31q:er !'as ci3rcnstrate:l his ~ to listen anl acl:lrE$ t:teir relSitivitles.
1\\! alBJ 1:e1i~ t1Bt this is 1Itere cllm1ssien Sn11cl take pla:e. 'lb re;oml to fNeI'J .
cltim1 = UjllBidrg' 2II1irg ~ is lDl; cnly inp:a::t:lca1lut e:rn:s to inl'alicbte
tlB vallE of any u.J1~dalSiw plannirg. 1\\!;wl.d urga tlBt }'ClJ en::x:Il!<I}! tte plrtlEE
lIMl1Ul'l to \otlt1t t:o}lt:ter far tIB ~ of tte reighl:ortrol witl1in tte E!lCistinJ frat'Bltllk
..
allllDl; S1lI:stiI1Ite ahl:e of tte p!.amirg system far o:nst:ru:tiw clial.a;r.
'~II.~~~;,.I, llf:;'~.(:~~~....:..'t ~:~"''''i.:t ~,~~.~ r~j'~~~'
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Rev BY:XEROX TELECOPIER 7all ;12-IB-92 3:27PM;
JOHNSON COUNTY AUDITOR TEL:3l9-356-6086
319 356 6aS6; 3193565009;~ I
Dee 18,92 15:14 No.Oll P,Ol/03
..
JplllllOlI Cow'ly
_ \ IOWA ~
BOARD OF SUPERVISORS
Charles D. Duffy
Stephen p, Lacina
Patricia A. Meade
Richard E, Myers
Belly Ockenfels
December 22, 1992
INFORMAL MEETING
Agenda
1. Call to order 9:00 a.m.
2. Review of lhe minutes.
3. Business from the Director of Public Health.
a) Discussion re: FY '94 Homemaker-Home Health Aide Grant
plaMing process.
b) Other
4. Business from the Director of Ambulance.
a) Discussion re: FY '94 budget proposal.
b) Other
5. Business from the County Auditor.
I)
a) Discussion re: cash flow analysis for November.
b) Other
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6. Business from the Board of Supervisors.
f.)
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a) Reports
b) Other
7, Discussion from the public.
8. Recess.
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FORMAL MEETING TO FOLLOW
913 SOUTH DUBUQUI! ST. P.O. BOX 1350 IOWA CITY, IOWA S2244.13S0 TeL: (319) 356.6000 PAX: (319) 35~086
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JOIIIUIIO COUIII,"
_ \IOWA :>
BOARD OF SUPERVISORS
Charles D. Duffy
Stephen P. Lacina
Patricia A. Meade
Rlchard E, Myers
Detty Ockenfels
December 22, 1992
FORMAL MEETING
Agenda
1. Call to order following the informal meeting.
2, AClion re: claims
3. Action re: minutes
4. Action re: payroll authorizations
S. Business from the County Engineer.
a) Resolution ra: Road Vacalion 3.92/action.
b) Resolution re: Road Vacation 4.92/action. .
c) Resolution re: reclassifying section of Eagle Avenue from Level B to
Level A/action.
d) Other .
6. Business from !he County Auditor. ,..
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a) Action re: , t~ i
permIts .,
b) Action re: reports ..
::)
c) Other :-?
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7. Business from the County Attorney. '"
a) Report ro: other Items.
PI3 SOUTH DUBUQue ST, . P.O. BOX 13$0 IOWA CITY, IOWA mH.1350 TEL: (319) 356-6000. PAX: (319) 356-6086
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.. Agt'llda ] 2.22.92
)lllgc2
8. Business from (he Board of Supervisors.
a) Motion re: resigning 1991 minutes.
b) Motion congratulating Duane Lewis on being selected Deputy of the
year by the Iowa Stale Sheriffs I and Deputies' Association in their
annual meeting in Des Moines on December 15, 1992,
c) Motion instructing Mr. Dameron to proceed with the planning process
for the FY 194 Homemaker-Home Health Aide Grant.
d) Other
9. Adjourn to Informal meetIng,
10, Inquiries and reports from the public.
11, Alijournment.
"
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City of Iowa City
MEMORANDUM
DATE: December 31, 1992
TO: City Council
FROM: City Manager
RE: Material in Infonnation Packet
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Memorandum from the City Manager regarding Coralville Wastewater Treatment
Facilities. . ~
Copy of letter from the City Manager to BRAVO regarding invitation. ~q
Memoranda from the Department of Planning and Community Development:
a. Cultural/Conference Center Focus Groups DO
b: Iowa City Airport Relocation Feasibility Study 01
Memorandum from the Senior Center Coordinator regarding request for LOd.
additional staff.
Copy of letter from the Chair of the Mayor's Youth Employment Board to the
Iowa City Noon Rotary Club regarding Camp Cardinal.
Invitation to retirement party for Noel Willis.
Invitation to view ICAD's new video, "Iowa City Area: The Right Location".
. 0
Copy of letter to the City Manager from Laura Harris regarding Iowa Festival
being named one of the American Bus Association's Top 100 Events in North
America.
Articles:
a. 1992 Gold Medal and Special Recreation Awards
b. Is airport necessary?
Final Report: U.S. Highway 6 Pedestrian Study.
Agenda for the 1/5/93 Informal meeting of the Board of Supervisors.
Distributed at 1/5/93 Council Meeting:
Memo from City Mgr. re Water Project - Meeting with Area Residents.
Memo from City Mgr, re Decade of the 90's Update.
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City of Iowa City
MEMORANDUM
Date: December 30, 1992
To: City Council
From: City Manager
Re: Coralville Wastewater Treatment Facilities
The attached letter from the Department of Natural Resources to the City of Coralville gives them
approval to begin construction of their new wastewater treatment plant. This letter does not give
them approval to discharge into Clear Creek. This may occur at a later date depending upon how
well the new wastewater treatment plant will work and with the approval of the Department of
Natural Resources. The City of Coralville Is proceeding and has awarded contracts for
construction. We will continue to monitor the issue, in particular the discharge into Clear Creek.
There has been no new evidence to lessen our concern for discharge of sewage effluent Into our
drlnkJng watef source.
1p1.2
cc: Chuck Schmadeke
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RECEIVED ~OV 2 3 1992
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STATE OF
I
TERRY E. BRANSTAO, COV,"NOA
November 16, 1992
DEPARTMENT OF NATURAL RESOURCES
~ARRY J. WILSON, OI.ECTOR
Mr. Kelly J. Haywonh
City Administrator
P.O. Box 5127
Coralville, IA 52577
SUBJECl': Plan and Specification Approval
Wastewater Treaanent Facilities Improvements
Coralville, Iowa
CS]9203401
Dear Mr. Haywonh:
The plans and specifications for the referenced project are approved and Construction Permit No. 9342.
S has been issued. These documents should be kept in the municipal clerk's office for the purpose of
official inspection. The review was primarily to determine compliance with minimum sanitary engineering
requirements and did not cover items such as quality of material, structural soundness, electrical and
mechanical design features, . unless noted in the review comments. Approval of the plans and
specifications does not in any way release the loan recipient from the responsibility that the project will
result in an operable facility when construction is completed.
Any revisions made to these plans and specifications prior to advertising must be approved by ~'iis
department. We should also receive four (4) copies of all addenda at the time of issuance for approval
prior to the bid opening date.
After the city has opened and analyzed bids, they need to submit the items listed on the enclosed
checklist. Loan payment requests for construction-related costs cannot be processed unitl these items are
submitted.
If you have any questions, please contact me at 515/281-8983.
smwd~
'AIJfCH' DO ",OS, P.'
PROJECl' MANAGER
WASTEWATER PERMITS SECTlON
Enclosures
cc: Veenstra & Kimm, West Des Moines,IA (w/enclosures)
Field Office 6 (w/enclosu.res)
v!'tayor ofIowa City, Iowa City, IA
WALlACE STATE OFFICE BUILDING 1 DES MOINES, IOWA 503191515.281.51451 TOO 5150242.59611 FAX 515028108895
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STATE OF IOWA
DEPARTMENT OF NATURAL RESOURCES
HENRY A. WALLACE BUILDING
DES MOINES, IOWA 50319
CONSTRUCTION PERMIT
Mr. Kelly J. Haywarth
City Manager
P.O. Box 5127
Coralville, IA 52241
PERMIT NO.: 93-42-S
FILE: Coralville SRF/Sewage
RE: Wasrewater Facilities Improvemenls
PROJECT NO: S91-243C
In aecordance with the prov~ions of Section 455B.I73.3 and 455B.174.4. Code of Iowa, and Rule 567-64.2(455B) or Rule
567-65.6(455B), or Rule 567-43.3(455B) of the Iowa Adminislrlltive Code, the Dlreotor of the Dcpanmcnt 01 Natural
Resourocs does hereby ~,ue a pennk lor the conalnJction of waslOwatc, lrealment facilitics improvements consisting of:
New Riw Sewage Pump Slalion: Bar Screens; Rolsry Sercons: Grit Removal: Sequencing Balch Reactors;
Blower BuUding; Sludge Building with Gravity Beh Thickener and Sludge Pump'; Sludge Holding Tanks;
Flow MCSlUrcmcnt, Paving, Piping, Fencing, and other appuncnances.
The construction of the project ,hall be initialed within one year of ~suance of th~ pennit or th~ pennit is no longer valid.
Within thirty day. an.r completion of eonslnJction, the pennit holder shall submit a certification by a rcgiste..d professional
engine,,, that the project wu campleled in accordance with the approved project documcnts.
Pursuant to Section 4~5B.174.4, Code of Iowa, you have the right to appeal any condition of this pennk by filing with the
Director of the Dcpanment 01 Natura! Resoun:es a notice of appeal and request for admin~lrlItive hearing within thirty day.
of receipt of this pennk.
Contact BUlch Doorcnbo. at 5151281.8983 with any questions or comments.
For the Depanment of Natural Resources
Larry J. Wilson, D~r;"to \
By: 1..'
BNVIRON
S2
DalO: November 9, 1992
co: Vecnllrll 8< i:imm, West Des Moines, IA
Field Officc 6
Plan Dislribution
[1] Bngincer; (1) Field Office; [1J DNR FUe: [IJ City of Condville
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CITY OF IOWA CITY
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December 30, 1992
Krissle Gargaro
BRAVO
8745 West Higgins Road
Chicago, IL 60631
(
Dear Ms. Gargaro:
Thank you for the invitation to the ballet 'Billboards' at Hancher Auditorium on Wednesday,
Janull/Y 27th In Iowa City, Iowa. Unfortunately I will have to decline youl Invitation. Such an
Invitation would be a violation of the Iowa gift law and therefore I must decline.
Thank you.
Sincerely yours,
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Stephe . AlkJns
Citi Manager
cc: City Council
1p1.6
410 EAST WASUINQTON STREET. IOWA CITY, IOWA 512400/126. (lit) J".5000. PAX (lit) JJ6oJoa.
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City of Iowa City
MEMORANDUM
Date:
December 18, 1992
Re:
,
City Council ' (..,:/' '~~4;lt:..-,
Katln Ffanklln, Director, Planning and co~evelopment
CulturaVConference Center Focus Group~""-'''''l
To:
From:
As part of the cultural/conference center feasibility study being conducted by Camlros Ltd., focus
groups will be held In early January In order to receive Input from community members regatdlng
the proposed cultural/conference center. Attached Is a copy of the letter that was mailed to 80
Individuals Inviting them to attend one of four focus groups to be held during the evenings of
January 6th and 7th. The Information gained ffom the focus group sessions will then be used In
determining t~e feasibility of a cultural/convention center In the community.
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December 18, 1992
Deer
The City of lowe City would like to invite you to take part in one of four focus groups releted
to the future of a cultural/conference center in downtown Iowa City. The purpose of the
focus groups is to determine community support for the center. The focus group you are
invited to participate in is scheduled to occur on Thursday, January 7, 1993 from 4:30 to
6:30 p.m. in the Senior Center Classroom, 28 South Linn Street. Please use the Washington
Street entrance to the Senior Center.
As you may be aware, the City of Iowa City has hired a consultant, Camiros Ltd., to prepare
a study to determine the feasibility of a downtown cultural/conference center in Iowa City.
You may be more familiar with this project by the name "Arts Center" and its proposed
location, the surface parking lot located east of the Holiday Inn.
The consultant and a group of local people interested in the arts and economic development
have Identified possible tenants and types of activities which could locate in the proposed
cultural/conference center. Your role as a focus group participant is to provide input on the
feasibility and role of this facility. The format of the focus group sessions will consist of a
brief presentation of work done on the project to date and then an open discussion by the
participants of their reactions to the proposed facility. The focus groups will be small in
number and consist of a cross section of the community.
We would appreciate a response by December 31,1992 informing us if you will be able to
ettend the focus group session. You mey respond by either returning the enclosed postcard
or by calling the Depertment of Planning and Community Development (356.6230). We hope
you are able to attend the focus group session, as these focus groups will playa significant
role in the future of the proposed cultural/conference center.
If you have questions regarding the focus groups, please contact Karin Franklin, Director of
Planning and Community Development (356.6232), or David Schoon, Economic Development
Coordinator (356-52361.
Sincerely,
Darrel Courtney
Mayor
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City of Iowa City
MEMORANDUM
D'''''M28,19'' I~. tdf ~
Steve Atkins, City Manager -if'7 ~. .
To:
~d
From: Jeff Davidson, Assistant Director of Planning & Community Development / r (
Re: Iowa City Airport Relocation Feasibility Study
Summary of Alternatives
Since JUly I have participated In the Iowa City Airport Relocation Feasibility Study Technical
Advisory Committee. At our meeting on December 17 the consultant presented the final chapter
of the study, which summarizes the feasibility of the Iowa City Municipal Airport femalnlng at Its
existing location. The other significant portion of the study Is the analysis of alternative sites for
construction of a new Iowa City airport. The consultant's site analysis Is based on state-of-the-art
airport facility requlrernents and current Federal Aviation Administration regulations.
The study has produced six alternatives for the future development of the Iowa City Municipal
Airport. Three of the alternatives Involve reuse of the existing airport site, and three alternatives
Involve new sites In the unincorporated portion of Johnson County. At your request, I have briefly
summarized the six alternatives as follows.
Alternative 1: Reduce the existing airport fo category.A and 8 standards
This Is essentially a status quo alternative. With this alternative the airport will not be designed
to accommodate business Jet aircraft.
. Engineering and environmental analysls.score: 54 (marginally acceptable)
. Total development cost: $10,917,000
. Proceeds from sale of existing site: 0
. Net development cost: $10,917,000
Alternaflve 2: Extend exlsflng north.south runway
This alternative will extend the existing north-south runway further south to accornmodate
category C and D (business jet) aircraft.
. Engineering and environmental analysis score: 40 (difficult problems)
. Total development cost: $19,060,000
. Proceeds from sale of existing site: 0
. Net development cost: $19,060,000
Alternative 3: Construct new runway alignment on existing site
This alternative would construct a new northwest-southeast runway west and south of the existing
site. This altemative Is similar to Alternative 2, but would provide better wind coverages.
. Engineering and environmental analysis score: 40 (difficult problems)
. Total development cost: $18,396,000
. Proceeds from sale of existing site: 0
. Net development cost: $18,396,000
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A significant Impact of altematives 1 through 3 Is the acquisition of property in the vicinity of the
exlstin"g airport. The three a1tematlves affect, In varying degrees, a motel, a bowling alley, two
single family residences, 38 mobile homes, a farm, and the County Fairgrounds. Local funding
would be requlfed, Including the 10% local match for FAA eligible expenses, and 100% of FAA
Ineligible expenses.
Alternative 4: Relocate to new site adjacent to southeastern cIty limits of Iowa CIty
Engineering and envlfonmental analysis score: 71 (reasonable potential)
, Total development cost: $15,656,000
, Estimated proceeds from sale of
existing site:
, Net development cost:
$5,875,000
$9,781,000
AlternatIve 5: Relocate to sIte approxImately 4 miles east of Iowa CIty and south of U.S.
~~6 .
, Engineering and environmental analysis SCOfe: 68 (reasonable potential)
, Total development cost: $15,675,000
, Estimated proceeds from sale of
existing site:
. Net development cost:
$5,875,000
$9,800,000
Alternative 6: Relocate to site approxImately 4 miles east of Iowa CIty and north of
HIghway 6
, Engineering and environmental analysis score: 56 (marginally acceptable)
, Total development cost: $15,544,000
Proceeds from sale of existing site: $5,875,000
, Net development cost: $9,669,000
It Is acknowledged by the consultant that the criteria used In the engineering and environmental
analysis Is open to Interpretation. There will always be Individuals who feel certaln criteria are
more Important than others. For altematlves #4 through #6, the sale of the existing airport
property will provide 100% of the local funding required for the 10% local match of FAA eligible
expenses, and 100% funding of FAA Ineligible expenses. FA. \ will not permit the City to realize
excess I9venue from the sale of the old airport site beyond what Is required for relocation or
redevelopment of the existing alrport. Detalls such as cash flow have not been determined.
It would appear to me that a priority for the City Council Is to determine what role they feel the
airport should have In the community. As with any public works project of this scale, there will
be 91slUption to private property with any of the six alternatives. Members of the Airport
Commission have stated thefe really Is no 'do nothlng~ alternative. FAA will not continue to fund
the airport If It does not comply with their regulations.
This Is a brief summary of a very detailed, comprehensive report of several hundred pages.
Please let me know If you have any questions.
ppddlrlairpon.mmo
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2R South Linn Street
Iowa City. Iowa 52240
13191356.5220
Date:
se~1~ ·
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&tuMt ttu:tu. hI:u(
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Belle Meisel, Senior Center Coordinator ~ ~J.ltJu).
Request for Additional Staff ~ ~V -. .
November 10, 1992
To:
Steve Atkins, City Manager
From:
Re:
In 1981, the Senior Center's permanent staff consisted of two professionals, a secretary
and a 3/4-time malntenance worker. Eleven years later, we have doubled our janitorlal
staff to 1 Yz for a seven day week. We now have three professionals and still only one
secretary. For the last year and a half, we have used a Green Thumb employee, at no
cost to the City, as a part-time receptionist and used work-study students, when avallable,
to fill in the gaps. Our flguies attached show that due to huge Increases in participation
and programming we can no longer realistically meet the expectations of our target
population with available staff.
The City has always been responsive to the needs of our physical plant, but has been
slow to respond to our needs in personnel. We recognize that this Is a time of budget
limitations, but In the eleven years preceding, during good times or bad, our growth in staff
has never been consistent with OUI growth in activity and participation at the Center. .
We have used every resource available to meet the interests and concerns of our
participants through grants, federal PfOgramS and volunteers. But as helpful as all these
temporaries have been, in the end they are stopgap measures. In fact, each of these
'helpers' involve considerable amounts of staff time to make it profitable to them and to
the Center.
If ever an operation was 'hoist on Its own petard', it Is the Senior Center. Our belief in
volunteering as the single most important opportunity offered to older people at the
Center, and our constant public avowal of the skills, knowiedge and strength of older
volunteers has placed us In a position where we (City administration, Senior Center staff
and the public) have assumed that through skillful coordination of volunteers we can
accomplish all of our goals and objectives.
At one time, this was true. Our goals were modest, our volunteer corps was of a
manageable size, and the expectations of the community were limited. Today, none of
the above Is true. The aging population is the fastest growing segment of the United
States. Each generation that retires has greater expectations than the preceding one of
what should and could be available to them. They are healthier, wealthier and beller
educated. From meeting the needs of the orlginal depresslonlWorld War II generation,
we are now being asked to serve them and their children - at the same time. These
participants from 55 to 90 are mirrored by members of their age who volunteer. The
volunteers who ran activities In their 70's and who are now in their 80's still need to be
I~
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2
Involved, although their decline In health negates them continuing leadership roles. Those
who, on taking early retirement, have found that year-long vacations do not meet their
needs are using the Senior Center as a means to express their creativity and to continue
their pursuit of knowledge, personal growth and a meaningful role In the community.
If the definition of a volunteer Is 'acting of one's own free will without valuable
consideration or legal obligation', then It follows that when one's own free will decides Irs
too cold out too hot out or too Interesting elsewhere, since there's no pay and no legal
obligation to show up, one often doesn't. If the use of volunteers to achieve an
organization's goals was the optimum manner of doing so, the Senior Center would not
be #1 In this community In staff to volunteer ratio.
Our Senior Center philosophy precludes the hiring of enough staff not to need volunteers.
But If we are to make the experience of volunteering at the Center one that Is rewarding,
fulfilling, meaningful and available to all who desire to be part of this senior community,
then we need help In fulfilling our mission: to create an environment where seniors can
achieve the quality of life they desire.
The Senior Center Volunteer Specialist coordinates 17 programs In which 300-400
volunteers participate. She can no longer give them anything but the most superficial
help. Although many of hel coordinators have the skills and commitment to 'practically'
run their area alone, our experience has been that left to their own devices with no
encouragement or nurturing, they bum out and the Volunteer Specialist Is forced to rush
In to put out a fire. Even more disturbing Is her present waiting list of 200+ people who
have Indicated Interest In volunteering, but lacking time to place them or train them, she
has not even called them. These seniors, who need to be Involved, are being Involuntarily
discriminated against In favor of those who receive attention because they were lucky
enough to get here first. An assistant Is needed to help maintain prOgfamS In place while
the Volunteer Specialist continues to recruit, place and train new volunteers and
reorganize stagnant programs.
The Program Specialist Is In an entirely different situation. Because her programs are
more likely to be short term with great need for marketing, organization, recruitment of
particular talents, funds or materials, she needs support staff help In attending to all the
details that make up a quality program.
Attached to our request are the following documents: present duties of the Volunteer
Specialist, Progfam Specialist and Secretary; proposals for redistribution of tasks for
plesent staff and additional stall; and figures on Senior Centef usage. We slncefely hope
that we will not be penalized for stretching staff to the breaking point. That our success
In developing a spectacular Senior Center will not be held against us, but rather that we
will be given credit for our achievement and rewarded with the help we so desperately
need.
nll.sta~
Approved unanimously by the see on November 16, 1992.
'frLif JJ.uJ~, C!J.~
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3ltniU~ ~~1!t4nn~ of ~lltp1!1tbrs nub ;Hnimn ~ !mIltU2t
. Carpenters' Local Union No. 1260
705 S. Cllnlon
Iowa City, Iowa 52240
December 29, 1992 (319) 338.1638
'@)t3e
b1: ~~ .
~- ~ T4W/,Ird.
~~. .
Board of Directors
Iowa City Noon Rotary Club
Iowa Room, UAC
Iowa City, IA 52240
Dear Board Members,
I am in receipt of the "Conditional Offer To Sell," dated November
20, 1992, for the 23.4 acre property known as "Camp Cardinal". I am
very familiar with this wooded property and have an intense interest in
working closely with Rotary to determine a methOd of acquisition that is
beneficial to the Club, to Ma}'or's Youth Employment Program for which
I serve as President, to the youth of Johnson County, and to the
community at large.
Mayor's Youth Employment Program, C'MYEP") proposes to enter
into a "lease" or "lease purchase" arrangement with the Rotary Club. It
would be the intention of Mayor's Youth to seek financial resources to
purchase the property, should the Rotary membership so desire, in the
form of public funds, grants, and private resources.
It is my view that many individuals and organizations would be
extremely supportive of retaining the property as a natural area and
contributing to the development of the project. Many people that grew
up in the community have expressed to us fond memories of their
camping experiences at Cardinal.
The property would be retained as a natural area and would be open
to the public. A long term goal of Mayor's Youth would be the
development of a lodge and equipment building to house the conservation
corps programs that it operates. Primitive campsites would be developed
for use by youth groups for spike camping purposes.
11J3
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.
Letter to Iowa City'Noon Rotary Club
Continued
2
It is also a goal of MYEP to include Youth Homes, Inc., and United
Action for Youth, Inc., and other youth groups in long range planning
for the area. The Cities of Iowa City and Coralville will playa strong role
in determining the on-going use of the property by the community.
The Youth Services Foundation, the umbrella agency focused on
fundraising for the three (31 youth ag.encies previously mentioned, has as
a goal to develop a major capital campaign that would benefit the member
agencies. MYEP consic\ers Camp Cardinal as top priority for its capital
needs.
Finally, MYEP will request that the Rotary "mentor" the youth
groups that will be active with the Camp. Financial support and volunteer
assistance for youth programs with Rotary would be sought. It is
understood that ~his support would not be a permanent commitment by
Rotary, but rather periodic. It will retain the name "Rotary Scout Camp" .
if it is considered desirable.
I recognize that this letter is perhaps not a response that you would
expect to a "Conditional Offer to Sell" , however, I am requesting that you
postpone the sale of the property and that you give us the opportunity to
develop the appropriate resources that will enable us .to reach a mutual
and satisfactory compromise.
I have included the historical background on the Camp and
information on our previous correspondence with Rotary. I appreciate this
opportunity to express our interest in obtaining this property and I shall
look forward to hearing from you in the near future. Should you have any
questions concerning the information supplied, do not hesitate to contact
me at 338-1638 or Peg McElroy Fraser, Executive Director at 356-5410.
Sincerely,
J /7
(~j:0~14(M--
Barr.Y1<~cera
President
MYEP Board of Directors
cc: Steve Atkins, City Manager
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Letter to The Board of Directors
Iowa City Noon Rotary Club
Continued
3
HISTORY
Camp Cardinal, located on Camp Cardinal Road south of Highway
6 near Coralville, has been owned by the Rotary International Club since
1926. It was deeded to the Iowa City Chapter of Rotary from the estate
of S.T. Morrison and Hazel F. Morrison on May 10, 1926 for the purpose
of providing environmental, educational, and recreational opportunities for
youth groups.
Individuals that have resided in the community for sometime
remember the area as a "spike camp" for the enjoyment of scouting
groups. At one time, several buildings were located on the property
including a lodge with a fireplace and a storage building. In addition, a
well is located on the property.
A repor,t was published in 1984 by the Rotary Club indicating that
the camp had fallen into ruin and little remained of the building
constructed in earlier years.
By Resolution 84-87, the City of Iowa City executed a five (51 year
lease with the Rotary Club, dated April 24, 1983. They did not use for
this property for recreational purposes during the five (51 year period,
however, mainte'nance of the area occurred during that time. The lease
expired in May of 1988 and was not renewed.
On April 16, 1990, a proposed lease was sent to Bob Downer
between the Youth Services Foundation [on behalf of the member
agencies Mayor's Youth Employment Program, United Action for Youth,
Inc., and Youth Homes, Inc.! and the Rotary for management, operation, .
and use of Camp Cardinal. The lease was not accepted by the board and
no further action was taken.
.-..-.,., "'.'.,'.
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Letter to The Board 'of Directors
Iowa City Noon Rotary Club
Continued
4
During the summer of 1991, Peg McElroy Fraser discussed the
possibility of submitting a proposal from Mayor's Youth Employment
Program to the Rotary with Duane Swartzendruber. A proposal for
consideration of a short term lease of the camp was submitted and
included potential. funding sources for possible acquisition. This proposal
. was not accepted and no further actiol! was taken.
On October 7, 1992, Peg McElroy Fraser sent a letter to Gary
Carlson, Chair of the Rotary Scout Camp and indicated her interest in the
concept of moving forward with the development of Camp Cardinal as a
"Spike Camp" available for use by youth groups in the Iowa City,
Coralville, and surrounding communities.
The proposal was sent following a meeting attended by Dale Helling,
assistant city manager, Kelly Hayworth, city administrator, City of
Coralville, Peg McElroy Fraser, and Gary Carlson. The proposal was sent
with letters of support, including one from the City of Iowa City. Further,
the proposal included potential funding sources for acquisition and
development as a parkland area.
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. ,
Noel W. Willis, PE
Steven K. Jacobsen, PE
INC.
316 East College Street
Iowa City, Iowa 52240
Telephone 319.351.2166
December 21, 1992
~he Xayo: and c:tJ Counci~
:owa C1ty Civic Center
~:O E. W~3hington Str~e~
:(;1,.,'.., C::y, Iowa 52210
:aC:l:S and Gent~emer.:
Over the past 31 years, you have trusted me IIi th a numb0r 0:
1mportant bridge projects 1nclud1ng Dodge street over the
Railroad, Gilbert street under the Railroad, Gi:;,er~: st~"et 0'/e;:
Ralston Creek, and Benton street Bridge; and most lately, College
street Bridge Rehabilitation and the Melrose Avenue ?rcject.
There have been any number of other project~ ...~dch _ ~,:.ve
appreciated as well.
rif:e: 46 years of engineering practice, It 1s tblf- :;or me to
::r:tlrc. : wotl:d be greatly jlJnorcd it you might jO~i1 m~ at a
retirement party on January 7, 1993 from 4:00 to 6:00 ;l.:n. :;: t::e
Soc1al Hall of the Masonic Temple. You have helped to make my
:ife's lIork very satisfying, and r am truly gratef~l.
f,i:1cerely,
~tJ~
~oe: W. Wi:!13, P.E.
?:w:jident
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THE
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FESTIVAL
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~ IowA CITY
~ AREA
1992 .0A CHAMBER OF
~ COMMERCE
...........................................................
325 E. W"hlngton
P.O. Box 2JSa
low. Clt'(, low. 52244
319.337.9637
December 18, 1992
~/~.
Stephen J. Atkins
City of Iowa City
Civic Center
410 E. Washington Street
Iowa City, IA 52240
. Dear Steve:
. . ~.'
I am writing to give you some new information pertaining to the Iowa
Festival's request for a portion of Iowa City's newly increased
hotel/motel tax funds.
The Iowa Festival has just been named one of the American Bus
Association's Top 100 Events in North America. Information about the
Iowa Festival will be listed in the American Bus Association's brochure
which is sent out to almost 10,000 people in the tourism industry
including travel agents, tour planners, and tour operators.
This award suggests that more and more people in the tourism industfY
are becoming aware of the Iowa Festival. With funding from the City of
Iowa City we believe we can further build the Iowa Festival's
reputation, drawing more and more tourists to the Iowa City area.
Please be sure to mention the Iowa Festival's new award when
presenting our proposal to the Iowa City Council, We really appreciate
your help.
\ '
Sincerely, ,
'AI' (I k ;.I'f i
\\J",V',,(' ~VJ\J'-....
, .
Laura Harris
Iowa Festival Developmen't Coordinator
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The Sports Foundatio11, Inc. and the
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GOLD MEDAL ~r~,
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in coopmtion wilh NRPA
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1992 Award Winnersuu
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SPECIAL RECREATION WIN-
NER (CLASS I,left)-John Monella
(right) presents the award to Rob.
ert G. Overstreet, San Jose, Calif.
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SPECIAL RECREATION WIN-
NER (CLASS II, right) - John
Monetta presents the award to
Terry G. Trueblood, Iowa City,
Iowa.
GOLD MEDAL WINNER (CLASS
!, right) - JohnMonella (right) pre-
sents the award to Joseph H.
Holmwood, Mesa, Ariz.
GOLD MEDAL WINNER (CLASS
II, above) - President of Tacoma
Park Commisioners Cathy Egan
presents the award to Neil A.
Ofsthun, Tacoma, Wash.
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GOLD MEDAL WINNER (CLASS
IV, above) - John Monella (right)
presents the award to Michael S.
Pope, Elmhurst, Ill.
.
GOLD MEDAL WINNER (CLASS
V, right) - John Monella (right)
presents the award 10 Terry Tay-
lor, Brooklyn, Ohio.
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GOLD MEDAL WINNER (CLASS
III, above) - John Monella (right)
presents the award to Gerald M.
Oaks, Arlington Heights, Ill.
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Is airpo;~ nece~sary? :
J OlINSON COUNTY Supervisors have the right
Idea about constructing a new airport In Iowa
. City. They say the facility Is neither wanted
nor needed. .
As for being wanted,' we can't say. Presumably
somebody wants one, or the concept wouldn't even
be on the table,
Clearly, though, the need for a new airport Is
disputable, Substantial cost would be involved. Not
to mention the necessity of plOwing under another
600 acres of farmland to construct runways, aprons, .
terminals, hangars, etc.. "
The biggest question Is why, Maybe community
leaders just want to be able to boast of a new,
state-of.the-art airport. But Is that sufficient justifi.
cation when - yes, we know, It sounds like booster.
Ism - Iowa City Is so convenient to the Cedar
Rapids airport? . . ....,
What purpose Is served by initiating condemna.
tlon proceedings and riding roughshod over land. '
owners who may not want to sell their farms, then
spending millions of taxpayer dollars on a facility to
duplicate services already available within a :JO.mln.
ute drive of virtually everyone In Iowa CIty? . ~ .'
The Johnson County Board of Supervisors Is on
record as opposing the project, but the initiative Is
coming from City Hall, so It's possible Iowa City
voters may be asked to render their opinion.
If It comes to that, we can't imagine voters will be .
eager to foot the bill for services already. at their' .
disposal.. '"
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Final Report
,
U.S. Highway 6
Pedestrian Study
December 1992
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_ Johnson County Council of Governments
~ ~ 410EI!vbshirgtmSt IavvoCity,1avvo52240
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December 14, 1992
,.,.
.Darrel G. Courtney, Mayor
City of Iowa City
410 E. Washington Street
Iowa City, IA 52240
Re: Study of Highway 6 Pedestllan Issues
Dear Mr. Mayor:
.
., .'
At the request of the City Council, the JCCOG Transportation Planning Division has produced the
following report. which examines pedestllan Issues In the vicinity of Highway 6 east of Keokuk
Street. We have worked closely with the Grant Wood Neighborhood Association throughout this
process. This report addresses the necessity for pedestllan Improvements, and should assist
Council In discussion of this Issue.
Please contact me at 356-5252 If we can provide additional Information fegafdlng this malter.
Sincerely,
-+-
7!!1JUI:~
Jeff Davidson
Executive Director
/
cc: Sieve Atkins, City Manager
Iccoglp~Wj1Ipod\alunnoy.l"
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Final Report
U.S. Highway 6
Pedestrian Study
A Study of Pedestrian Issues
In the Vicinity of Highway 6 South
Iowa City
December 1992
Johnson County Council of Governments
Transportation Planning Division
Jeff Davidson, Transportation Planner
Kevin L. Doyle, Asst. Transportation Planner
Charles H. Denney, Asst. Tfansportatlon Planner
Dennis McKim, Gfophlcs
ilJCCOG
I'r;i~
this report was prepared and flnanced In cooperation with the U.S. Department or Transportation, Federal
Highway Administration under a provision of the 1962 Federal.Ald Highway Act. The contents at this report
reflect the views of JCCOG which Is responsible tor the facfs and data presented herein. The contents do
not necessarily reflect the official views or policies or the Federal Highway Administration.
101
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Table of Contents
, , , , , , . , , , . . , , , , . . . .. Summary of Findings
2 .... I . . I I I I I I I I I I . I I . I . , I . . . Introduction
4 ,...,..""" Assessment of Existing Hazards
8 """""""",." Future Development8
10, Alternatives for Enhancing Pedestrian Access
12 I . . . I . I I I I . I I I I . I I , . I , I , I , . , I , Appendix
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Summary of Findings
1. The Highway 6 south corridor was constructed ta facllttate the mavement of motor
vehicles, not pedestnans. Based on the speed aftraffic movement and lack of pedestnan
facilities, tt Is a relatively Inhospttable area for pedestrlans. There Is not, however, a hazard
to pedestrlans which can be documented In the accident record for the corridor.
2. The Highway 6 Intersections wtth highest existing pedestnan movement ore Fair Meadows
Boulevard, Sycamore Street and Keokuk Street.
3. Most of the destinations for persons living south of Highway 6 are north of Highway 6. The
existing residentially zoned developable land In south Iowa City has the potential to add
3,OCO to 5,OCO people to the area south of Highway 6. In addttlon, a 420 acre site Is being
considered for annexation which could add at least5,OCO more people to south Iowa City.
4. The Highway 6-Hlghway 1 corridor In south Iowa City Is the most dlfflcutt arterial street
corrldor In Iowa City to enhance for pedestnans. This Is because of the considerable
width of the street and nght-of-way, and the lack of grade separation at Intersecting
streets.
5. A pedestrian overpass Is the preferred pedestnan enhancement In the Highway 6 south
corrldor. This Is favored over an underpass, at-grade crossings, or Increased transit service.
6. A detailed cost analysis cannot be prepared for an overpass until a location Is selected.
A critical element of the project will be making sure there Is good linkage between the
overpass and the sidewalk system In the orea, and the expense forthls will vary depending
on the location selected. It Is estimated an aesthetically pleasing pedestrian overpass
could be constructed In this area. for approximately $620,OCO.
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Introduction
The City Council of Iowa City directed JCCOG staff to complete this study at the request of
residents who live In the Grant Wood Neighborhood Association area south of Highway 6. A study
corridor, shown In Rgure 1. was Idenlffled as an area of hazard to pedestrians. This hazard Is
partlculariy a concern with respect to Southeast Junior High School students who must cross
Highway 6 to get to ond from school. It Is also a concern for pedestrion travel In general In this
area, as most of the trips originating In the residential area south of Highway 6 have destinations
north of Highway 6.
This report addresses the following Issues:
· What Is the existing hazard to pedestrians In the Highway 6 south corridor?
· What are the community growth Issues which will Impact this area positively or negatively
In the future?
· What are the alternatives for Improving pedestrian access acr('1S Highway 6?
It Is Intended that this report will provide Infonnatlon for the City Council to detennlne ~ the
expendnure of publiC funds for Improvements Is needed. This ~ a difficult Issue due to the lack of
warrants or standards with which to evaluate the need for pedestrian Improvements. Many
transportation Issues. such as the Installation of a traffic signal or widening of a road. have specific
technical evaluations which can be used to assess the need for a capnallmprovement. No such
standard or warrant exists for evaluating pedestrian crossing Issues.
This report attempts to prOVide as much technical Information as pOSSible for the Clly Council's
evaluation. "should be acknowledged. however, that the unlmate decision will be a subjective
Judgment on the part of the Cny Council.
2
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Study Area Corridor
109
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Assessment of Existing
Pedestrian Hazard
Inventoty of Pedestrian Faclllffes
A field study was conducted to Inventory all existing pedestrian facllnles along the Highway 6
corridor. Pedestrian facilities In this area Include sidewalks, crosswalks, curb ramps, and walk lights.
Also Inventoried were any wom pathways which Indicate pedestrian use.
" Is obvious that Highway 6 South was constructed to accommodate automobiles, not
pedestrians. Pedestrian amennles are for the most part nonexistent. except where they have
been added such as at the Sycamore Street Intersection. In Severai locations sidewalks from the
adjacent neighborhood terminate at the highway rlght-ot.way. Wnh large volumes of tralllc
operating at relatively high speeds, th~ Is an unfriendly area tor pedestrians. A summary at the
field Inventory at pedestrian facllnles is Included as an appendix to th~ report.
Trame Conditions on Highway 6
Highway 6 south within the study area consists of two paved lanes In each direction separated
by a grass median. Access to adjoining properties Is controlled at Intersecting streets. Tralllc
signals and separated tum lanes are provided at Intersections. All Intersections are at grade.
Rlght-ot.way along this corridor ranges from 225 feet to 900 feet. The highway has a 'rural section'
design. characterized by unpaved shoulders Instead of curb and gutter. and drainage ditches
Instead of storm sewers. Highway 61s maintained by the Iowa Department at Transportation.
Figure 2 shows the eight year trend for tratl1c volume In the Highway 6 corridor. and a proJection
for the year 2CXXJ. Highway 61s the highest traffic volume arterial street In Iowa City. The posted
speed limit ranges between 35 mph at Keokuk street to 45 mph at Falrmeadows Boulevard. The
B5th percentile speed of motorists measured In 1986 was between 39 mph and 46 mph. This
Indicates B5% of all vehicles were traveling at this speed or slower.
Accident Hlstoty
The accident history along Highway 6 between Keokuk Street and Lakeside Drive was examined
for the three year periOd 1989-1991. As shown In Figure 3, there were 146 traffic accidents
reported to law enforcement authorities during this time period. None at these accidents had
pedestrian-related contributing circumstances.
4
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Figure 2
Traffic Volume
Highway 6 at Sycamore Street
# of Vehloles
19B2
19B6
1990
Projected
2000
,VoJUmnlrIIVlrlgldallvtllJUccounl'or204hourperlodfnbolhdlrectlnnl.
. SoUtCI old"I: JowlOOT
. SourCI 01 proj"'td voluml: Jccoa Artarl,1 Slrltl PIIIl, 1001
Figure 3
Traffic Accidents
Highway 6 Between Keokuk Street
and Lakeside Drive
January 1989 - December 1991
Total Accidents = 146
Total Accidents with
Pedestrian-Related Circumstances = 0
. SotJrcac(dall: rowa OOTAec:idert LocaIionAna.y.il Svlllm
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Pedestrian Counls
Figure 4 shows the resuas of pedeslrlon volume counts recorded In the sludy orea corridor. The
counts reflect 011 Intersection pedestnan movements os well os cuHhroughs which could be
viewed from the Intersection. Slgnitlcantly higher pedeslnan volumes were recorded at the
Falrmeodows. Sycamore. and Keokuk street Intersections. At the request of the Grant Wood
Neighborhood Association, 0 count was taken on 0 Saturday at the FI~t Avenue Intersection.
Very low pedeslnon volumes were recorded at First Avenue.
. Figure 4
Pedestrian Counts
Results of Single-Day Pedestrian Counts Along Hwy. 6
9/30/92 - 10/12/92
# of Pedestrians
Keokuk Broadway Taylor Sycamore 1 st Ave 1 st Ave Falrmeadowa
Thulll0/1 Thulll0/B Wed 10{7 Mon 10/12 Man 10/5 5ell0/3 Wed 0130
. Count. Irom 7AM 10 CPM, Ilctpt Sat. QAM.4PM
. Counts Indlcat. aJllnllrJlCllon ptdlllrlll.n mov.mlnts III Will"" cul'lhroughl which could be
vlowedlromlh.lntlrucUon
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School Dlslrict Policies
The Issue at children crossing Highway 6 to and from school Is a prime concern of the Grant Wood
Neighborhood Association. There are !wo elementary schoo~ In the area. Twain north of the
highway and Grant Wood south of the highway. Children living In Pepperwood Subdivision.
Lakeside Apartments. and Bon Alre Mobile Home Park must cross Highway 6 to attend Twain
School, but busing Is provided. No Grant Wood students must cross Highway 6.
The greater concern Is Southeast Junior High School students. The residential area south of
Highway 6 Is less than !wo miles from Southeast Junior High, so free bus service Is not available.
This offects 157 Junior high students who live south of Highway 6.
A school bus Is provided to this area at a cost of $135 per student per year. It provides one trip
In the morning and one trip after school. No trips are provided for students engaged In
extracurricular actlvmes before or offer school. Forty-one of the 157 Junior high school students
living south of Highway 6 take advantage of the paid bus service aptian.
Administrators at the Iowa City Community School District have stated that their local polley
regarding the provision of school bus service Is Influenced by the level of pedestrian amenities
provided In an area. If pedestrian amenmes are poor, the school district ~ more Inclined to
provide bus service. If good pedestrian Infrastructure exists. then ~ Is assumed students can walk
to school safely. This pOlicy could offect the level of school bus service provided south of Highway
6 If pedestrian facilities for crossing the highway are Improved.
Public Transit Service
Public Trans~ Service In this area Is provided by Iowa City Transll on the Mall and Broadway routes.
The Mall route provides service southbound across Highway 6 at Falrmeadows Boulevard, and
northbound across Highway 6 at Sycamore Street until 6:30 p.m. The Broadway route prOVides
trons~ service northbound across Highway 6 at Sycamore Street until 7:00 p.m. Trans~ service Is
provided every half hour except during mld.day when ~ Is houriy. Night transit service Is hourly
and provides northbound service across Highway 6 at Sycamore Street.
7
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Future Development
The south area of Iowa City ~ currently experiencing growth from the Wh~pering Meadows and
Mt. Prospect subdivisions. There ~ Interest In developing the remaining undeveloped properly
wffhln the south area Corporate limits. this area ~ zoned for residential development, and
development will be able to occur wffh only modest Infrastructure Investment required. The
development potential of this area Is enhanced by the existence of the Southeast Interceptor
Sewer. It Is estimated development of the south area properly within the current Corporate IImffs
could add 3,CXX) to 5.OOJ people to Iowa Cffy.
Of even greater significance ~ the potential for annexation In this crea. Iowa City has been
Identified os one of the fastest growing communffles In the midwest, and developers ore pursuing
opportunffles In unincorporated areas adjacent to the city limits. As shown In Figure 5, a 420 acre
site Is being evaluated for annexation south of the Iowa City corporate IImffs which could
eventually odd at least 5.000 more people to this area. The proposed annexation ~ being
considered In conjunction wffh on overall reassessment of Iowa City's growth policies. The
'developer of this property antiCipates beginning development east and south of Bon Alre MObile
Home Court.
As residential properly development gets further from Highway 6. the number of pedestrians
desiring to cross the highway will diminish. However, most of this area ~ wffhln one mile of Hlg~,way
6, which Is 0 reasonable commuting distance for a pedestrian or bicycle trip. It Is expected that
the prime commercial, recreational. school. and work destinations for persons living south of
Highway 6 will remain north of Highway 6.
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Alternatives for
Enhancing Pedestrian Access
Highway 6 south Is a particularly dlfflcu~ arterial street corridor to enhance for pedestrian travel.
Two speCific characteristics make It unique among Iowa City arterial streets:
· WId/h. A typical arterial street In Iowa City Is 31 to 45 feet wide on a 60 to 80 foot wide
right-of-way. Highway 6 south Is 100 to 120 feet wide on a right-of-way which ranges from
225 to 900 feet. A very large structure Is required to span any portion of the Highway 6
south corridor.
· Lack of gradesepala/lon. Unlike an expressway, which has all Intersecting roads at higher
or lower elevation. all Highway 6 Intersections are at-grade. This means any pedestrian
facility which removes pedestrians from the traffic stream must Incur the added expense
of raising or lowering the grade at which pedestrian travel occurs.
Following are a~ernatlve strategies for making pedestrian travel safer across Highway 6 south.
,
AI/erna/lve ,: Overpass.
An overpass would allow grade-separated pedestrian movements over Highway 6. Depending
on the location selected, sidewalk Improvements would be necessary to assure good connections
wffh adjoining neighborhoods and commercial areas. There has been much speculation an how
much use a pedestrian bridge In this area would receive. This Is Impossible to determine precisely;
It would be dependent on the amount of traffic on Highway 6, and how well the overpass
functions as a convenient. logical extension of the sidewalk system. Parents will need to take an
active role to assure children would use a sater, but less convenient a~ernatlve.
The expense to construct a pedestrian overpass will vary depending on haw aesthetically pleasing
the structure Is. whether or not the walkway Is covered. and what type of access (stairs, ramp,
etc.) Is provided. The Americans wffh Disabilities Act federal law provides specific design
standards which must be followed. The City ArcMect has recommended a wheelchair 11ft at
either end to ensure accessibility to a pedestrian overpass by persons w~h dlsabllmes. Expense
for a pedestrian overpass spanning Highway 6 south Is estimated at approximately S620,OOJ. This
Is a rough approximation for discussion purposes only. If the City Council favors this option. a
location should be selected so that a detailed cost estimate can be prepared.
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Alternative 2: Underpass.
An underpass would also perm~ pedestrians grade-separated access across Highway 6. The Iowa
C~y Chief of Police has stated he would d~courage an underpass because of safety and security
problems. H~ experience has been that safety and security problems associated w~h pedestrian
underpasses In urban settings can be of such mogn~ude that the facility Is not able to be used
os ~ was Intended. For example, the underpass may need to be gated and locked during non-
daylight hours, slgn~lcantly reducing ~s use.
A cost estimate was not prepared for this a~ernatlve, but It Is expected that a pedestrian .
underpass would be In the same expense range as an overpass.
Alternative 3: On-Slreel Pedes/rlan Improvemenfs.
This a~ernatlve would extend the pedestrian accommodations (crosswalks, walk signals) found at
the Sycamore/Highway 6 Intersection to other Intersections In the corridor. There ore two
drawbacks to this proposal. FIrst, ~ does not remove pedestrians from the traffic stream and, as
such, does not provide the level of safety achieved w~h an overpass or underpass. The accident
experience In the Highway 6 south corridor does not suggest slgn~lcant pedestrian-vehicle
confilcts, but potential conflicts between motor vehicles and school children are the primary
concern of the Grant Wood Neighborhood Association.
A second major prOblem w~h at-grade pedestrian Improvements Is the degradation they would
have on Highway 6 traffic flow. In 1991 the City Council adopted a policy resolution directing staff
to promote traffic flow on Highway 6 to the greatest degree possible. This was Intended to
encourage use of Highway 6 and discourage use of local residential streets In adjacent
neighborhoods. If walk signals are Installed at add~lonal Highway 6 Intersections, ~ will Increase
the amounf of 'green time' required on the traffic signal for north-south pedestrian and vehicle
movements. This must be accompanied by a reduction In green time for east-west Highway 6
movements. The resu~ll1g Increase In delay and congestion may encourage motorists to cut
through adjacent residential neighborhoods.
A/lernallve 4: Public Trans/I.
It has been suggested that Increased public trans~ service could provide safer access across
Highway 6 for pedestrians, especially for Southeast Junior High School trips. This was discussed at
a Grant Wood Neighborhood Association meeting and rejected as a valid solution. Residents felt
the convenience and permanence of an overpass made ~ a superior option. Elected officials
present at the meeting also expressed doubt at the viability of the transit alternative, due to
expense and public pOlicy questions.
~C'lllp\tr.y6pod\111XI{
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Appendix
· Inventory of existing pedestflan facilities
· Pfoposed Capital Improvements Program project
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Inventory of Pedestrian Facilities
Hwy. 6 Corridor between
Keokuk St. and Lakeside Dr.
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shope. Bushu overgrown.
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Inventory of Pedestrilll Facilities
Hwy. 6 Corridor between
Keokuk St. and Lakeside Dr.
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109
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Taylor Drive/Hwy. 6
Inventory of Pedestrian Facilities
Hwy. 6 Corridor between
Keokuk St. and Lakeside Drive
worn path to Brookwood Drive
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Inventory of Pedestrian Facilities
Hwy. 6 Corridor between
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Sycamore St./ Hwy. 6
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Inventory of Pedestrian Facilities
Hwy. 6 Corridor between
Keokuk St. and Lakeside Drive
First Ave.! Hwy. 6
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Inventory of PedestriCll Facilities
Hwy. 6 Corridor between
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CITY OF IOWA CITY
CAPITAL IMPROVEMENTS PROGRAM
PROJECT ESTIMATE FORM
FY94-96
Date: 11-2-92 Department/Division: pCDINei qhborhood Servi ces
Project Title: Pedestri an Sri dge over Hi ghway 6
Description of Project: This is a new project to provide for the design and con-
struction of a pedestr an bridge over Highway 6 South. No specific location
has been decided on yet. Anticipating an increase in the amount of pedestrian
traffic crossing Highway 6, this project will provide an alternative to the ex-
isting at-grade crossings. This issue has been discussed at len th with affected
neighborhood associations and the Iowa City Dlstrictwide Parent-Teacher Organization.*
A. Estimated Costs:
1. Design (nole if it is 'In.house' or hired)
2. Consultants
3. Land acquisition (including appraisals!
4. Surveying (note if it is 'In-house' or hired)
5. Construction (including utilities relocation!
6. Inspection (note if it is 'in.house' or hired!
7. Furnishings/Operating equipment/Other fixed assets
8, Miscellaneous
$ 47,000 (Hired)
$
$
$
$
$
$
$
571.500
Construction May '94 Nov. '94
D. Why is this project needed? Continued residential growth south of Highway
6 is causing increased need of safer pedestrian access across Highway 6
. gh-
way. This need has been expressed regularly over the p'ast years by Dis-
trlct- id _ e
Grantwood Neighborhood Association.
*Construction design will include two wheelchair lifts ($80,000) to ensure
handicapped accessibility and compliance with the Americans with Disabilities
Act. .
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E. Is this project addressed by some written plan or the Comprehensive Plan? The 1983
Comprehensive Plan includes a Transportation Polic Statement "Assure the
rovision of ade uate side _
destrians throu9hout the city" and "to minimize the negative impacts of
arterial traffic on residential neighborhoods" The .JCCOG Transportation Div.
is conducting a study that evaluates th~ need for such a pedestrian bridge.
Results of tne studY will be available 1n December. 1992.
F. Impact:
1. Financial (Future maintenance costs and/or capital outlay costs): Genera 1 ma in-
tenance costs to make repairs and keep clear of snow will be necessary. No
annual costs have been determined.
2. Environmental: None
G. Consequences, if not funded: Potenti a 1 for increased pedestri an anxi ety and
potential injury. Alternative at grade crossing could adversely affect the
capacity of Highway 6.
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Johnson Counl)'
~ \ IOWA 1
BOARD OF SUPERVISORS
Patricia A. Meade, Chairperson
Joe Balkcom
Charles D, Duffy
Stephen P. uclna
Betty Ockenfels
January 5, 1993
INFORMAL MEETING
Agenda
1. Call to order 9:00 a.m.
. .
2. Review of (he minutes.
3. Business from. Susan Ahrens, Soclal Worker II re: out-of-county
contract/discussion.
4. Business from the Board of Supervisors.
a) Discussion/action re: designation of official newspapers of Johnson
County.
b) Discussion re: appointment of Supervisors to various Committees,
Boards, and Commissions,
c) Work session on budget documentation, (1 hr. 15 min,)
d) Discussion re: budgets.
e) Reports
f) Other
5. Discussion from the public.
6, Recess.
913 SOUTH DUBUQUB ST. P.O. BOX 1350 IOWA C!1'Y,IOWA 52244.1350
TEL: (319) 356.6000
PAX: (319) 356.608i
. 110
,_~",'_.~,,;n_,. _'__",_r r:.~~----T7
Rev BY:xEROX TELEeOPIER 7~11 :12-31-92 2:50PM;
JOHNSON COUNTY AUDITOR TEL:319-356-6086
319 3566086; 3193565009:" 2
Dee 31,92 14:36 No.006 P.02/03
PINy Cents
LoD' Tm Reporter. p, 0, DOI'23~
LoD' 'fro" IA. Sa7U
629.1207
Published Weekly
Since 1892
December 30, 199Z \..'1
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Johnson County Supervisors .... n . ,.,
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Johnson County Court House c-:," . -
Iowa City, Iowa :~c.'. :~
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Dear Sir: ; ':." :"l
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I want to request that the present arrangement for the publishing of the Johnson
County Legals be continued for 1993.
lIb
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Dlonlcio (Don) Flores
Prosident end f'1Jblisher
Iowa City
Press-Citizen
1725 N. DodgeS!.' P.O. BOI V,80 . Iowa Cily,lA 52244.3191337.3181
December 30, 1992
Charles Duffy
ChaJr
Johnson County Board of Supervisors
Johnson County Administration Building
, 913 S. Dubuque St,
Iowa City, IA 52240
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Dear Mr. Duffy:
Please consider this letter as lIpplicatlon to the Board of Supervisors of John8on
County to again designllte the Iowa City Press-Citizen as an "official newspaper" as
provlded for in Chapler 349 of the Iowa Code. .
The Iowa City Pre6s-Cltizen meets the definition of a legal newspapor a6 deflJled In
the Iowa Code.
Thank you for your consideration,
.'
~n-
Dlonfelo (Don) Flores
President and Publisher
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cc; J, Patrick While
Kim Till
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City of Iowa City
MEMORANDUM
Date: January 5, 1993
To: City Council
From: City Manager
Re: Water ProJect- Meeting with Area Residents
You will recall In my correspondence to the chair of the Johnson County Board of Supervisors I
suggested some type of committee could be established If the County Board wanted more
Information. On Monday afternoon I spoke with Charlie Duffy and he Indicated that he had made
such a request to the group at the time they appeared before the Board of Supervisors. As of this
date there has been no further expression of Interest by this group, that Is as far as Charlie was
concerned. In that the County Board did express their Interest In the water proJect I was hoping
they would take the leadership In forming such a worklng group. At this time, we will meet with
Interested parties and provide correspondence on a case-by-case basis as we have In the past.
Also attached Is the DNR response to the recent correspondence by the County Board.
cc: Chuck Schmadeke
Ed Moreno
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SE INITIAL AND PASS ON
Return for filing
..
STATE OF
I
TERRY E. BRAN5TAD. GOVERNOR
DEPARTMENT OF NATURAL RESOURCES
LARRY J. WILSON. DIRECTOR
December 30, 1992
Charles Duffy, Chairman
Johnson County Board of supervisors
913 South Dubuque St.
P.O. Box 1350
Iowa City, Iowa 52244
Dear Mr. Duffy:
In your letter of December 17, 1992 i'oU enclosed a petition
that obj eets to Iowa City I S proposal to condemn land for a new
water supply. Your letter asked several questions concerning the
Department I s involvement in the condemnation process. I will
respond to the questions in the order you asked them.
The Department's design standards require water supplies to
look at alternatives when designing water treatment supplies.
However, there is no requirement for a water supply to look at
alternatives prior to condemning land. A normal step in the review
of alternatives, especially ones that involve wells, is.to install
test.wells to be sure they will provide the quantity and quality of
water needed. The location of the wells must meet separation
requirements established by the Department. I should, stress that
these are practical steps which should be followed and separation ,
distances must be met. These are not , however, prerequisites to
local governments taking condemnation actions. Condemnation of land
is a local decision not governed by this Department.
The Department does not take into account the cost of water
treatment or the condition of the existing system when reviewing a
project. The development of a new water treatment system versus
upgrading an existing system is a local decision.
There are new requirements that all water treatment systems
are going to have to meet.. These include Surface Water Filtration,
Lead. and Copper, Phase II and Phase V monitoring, Disinfection and
Disinfection Byproducts (TTHMs), Arsenic, Radium, etc. A water
supply system needs to take all of this into account when looking
at how they will meet the future needs of their customers,
The Department requires the water supply system to control the
land around the water supply to assure that it does not become
contaminated. The Department does not place any restrictions on the
use of land outside of that area that needs to be controlled by the
water supply system.
The monitoring requirements for all water supply systems are
WALLACE STATE OFFICE BUILDING / DES MOINES. IOWA 50319 / 515.2B 1.5145/ TOO 515.242.5967
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Page 2
covered in our rules. These address sampling requirements for total
coliform bacteria, synthetic organic chemicals, inorganic chemicals
and radionuclides. The sampling requirements for specific water
supplies are identified in that water supply system's operation
permit. The water supply system reports monitoring results to the
Department. If any of the contaminant levels are exceeded the water
supply is required to inform their customers of the .results and
what action is being taken to solve the problem. Also the water use
permit requires reports on the amount of water withdrawn each
month. This report is submitted to the Department annually.
The Department does not get involved in local governmental
disputes concerning the. condemnation of land. Therefore, I am
declining your request that the Department hold a public hearing.
The issue of whether or not additional land is needed for a water
supply system and where the land should be located is a local
decision. The Department's role is to regulate the water supplies
and to assure that if new water supplies are constructed or
developed that they meet proper engineering standards.
Please contact Allan Stokes at 515-281-6284 if you have
additional questions.
Sincerely,
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Larry J. Wilson
Director
cc: Allan Stokes
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City oj iowa City
MEMORANDUM
Date: January 4, 1993
To: City Council
FlOm: City Manager
Re: Decade of the 90's - Update
In October of 1990, I prepared a memorandum outlining Issues I believed would be of general
community Interest and likely to be brought to your attention sometime during the next decade.
Many of the projects and programs have reached various stages of review or may have been
completed. Some projects have taken a new direction; some have Increased In cost and new
projects/programs have been Initiated. They are highlighted as part of this update.
As I mentioned In the October 1990 memorandum, OUI community has developed expectations
of their local government and often the e~pectatlons translate Into significant financial
commitments. In ordef to assule some degree of long-term financial assurance that our basic
package of municipal services will remain available to all of our citizens, we need to constantly
monitor these pending projects and programs. Currently, our financial position Is further burdened
by expanding state control over local governments and the fact the state and federal governments
have chosen not to relieve cities of mandated programs.
The agenda of the state and federal governments, In my Judgment, will continue to change over
time and with It so will the financial obligations on the part of the city government. We are
awaiting stormwater management regulations and policies that will be a significant expense to the
city. The regulations that affect our water system, sewage treatment system, landfill, all will be
of some significant financial consequence and fequlre a commitment of local resources.
As you review the overall city government financial picture and attempt to Implement policies and
procedures which will serve as the foundation for our community's financial future, I believe It Is
Important to note the various fiscal policies currently In place. This Is also an update of earllef
financial decisions, but remain substantially unchanged, unless so noted.
1. We are currently at our stale Imposed property tax maximum ($8.10 per $1,000 of
valuation) for general government purposes. We continue to be allowed to levy In
unlimited amounts for pension and other benefits for our employees, an Important factor
due to state control of pension costs and the escalating cost of employee health care.
The new slate Imposed property tax limits for two years (FY94 and FY95) further restrict
our available revenues.
2. We are at the maximum limit (95~ per $1 ,000 of valuation) for transit services and subject
to the new state freeze legislation. Also the recently approved library levy of 27~ Is frozen
at FY93 levels.
3. We continue to have available significant taxing authority with respect to debt service, a
levy not frozen under the state legislation, Our current allowable general obligation debt
limit Is applOxlmately $75,000,000. Our current general obligation debt Is $13.7 million.
We have made a deliberate effort over the last several years to minimize the expansion
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of general obligation debt and utilize debt Judiciously. This can mean a long term savings
and assist In the preservation of our Aaa bond rating, as well as avoid the property tax
Increases necessary to provide for debt payment.
4. Our debt position Is approximately 18 percentage of our allowable debt, which I believe
to be an acceptable position. Also our polley has been that debt service charges from the
general tax levy will not exceed 25% of the tax levy. We are currentiy at 11%. Please
keep In mind that this budget polley can be dramatically altered by some change In state
or fedefal polley or public referendum concemlng a particulaf expenditure. These
circumstances can affect the generallnflationaryibudget management polley we have
utilized over the last several years.
5. Fees and charges need to be continually updated to meet any Inflationary and/or program
changes. Of primary Interest In the past has been recreation :md development related
fees. We may be reaching a point that wherever practical, City operations may need to
be reviewed and determined whether they should also become self supporting through
fees, such as building Inspection and housing Inspection.
6. The most obvious fees and charges of concern will continue to be water, sewer and
fefuse collection services, and of late thefe Is Increasing concern, particularly from other
agencies ullllzing our landfill, over the charges for landfill operations. The Increases in
landfill per ton tipping fees translate Into increased residential refuse rate Increases. It
should also be noted state taxes on landfill charges have increased dramatically. State
and federal regulations have a significant Impact upon our water, sewer, and landfill and
thereby the rates charged to finance these operations.
In addition to our water, sewer and landfill/refuse fees, stormwater management fees are
likely to be necessary In the future In order to meet new federal policies. The general
fund simply cennot bear the burden of these stormwater management expenses over the
long term.
7. Our budget polley has been to manage our expenditures within a three year plan at or
near the rate of Inflation. In the past this has been a generally accepted polley and allows
us to bargain effectively with our employees and purchase goods and services as needed
from the private market. With the Imposition of property tax freeze legislation and the
inability to predict the future of State legislation, our operating expenses will need to be
reviewed very cautiously over the next several years.
8. We currently have, although marginal, some budget flexibility built Inlo the use of our
financial reserves thereby allowing some opportunity to address Issues quickly. Housing
Initiatives In particular have been through the use of our reserves. I wish 10 make every
effort to maintain a strong reserve position not only In that it helps support our overall
credit fating bul also allows us to move quickly, within reasonable limits, on specific
Initiatives or opportunities that might occur during the course of a year. We also need
cash to operate the day.to.day activities of the city government and therefore reserve
positions are critical.
The following represents many of the projects and programs for the 90's that were Indicated In
my October 1990 memorandum. In this memorandum, while providing a great deal of "old"
Information about specific programs, I have attempted to update costs, add new projects!
programs, and provide the most current assessment of these Issues wherever practical. In those
programs where It Is Indicated that general revenues would need to finance a program, please
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keep In mind that it would require a commensurate reduction In other general revenue expenses
(program cuts). Any major new revenues you would consider for general fund purposes would
be a sales tax, and/or Increased user fees.
PROJECTS AND PROGRAMS FOR THE 90'S - UPDATED
I
1. Community Development Block Grant Program. $600,000 $700,000:!: annually.
Most Indications are this program will continue at approximately the $600,000 to
$700,000 annual appropnatlon. Of course, It Is dependent upon Congress. Of
cnticalimportance Is the COBG program has been more and mOfe directed to
plOgrams of housing rehabilitation, affordablllty, low income family assistance as
well as Its continuing role of plOvldlng approximately $81 ,000 in annual support for
human service agencies. If we are to continue Initiatives In the area of affordable
housing the continued appropriation of COBG monies will be critical. You may
recall the CDBG program at one time provided $2 million annually. If this program
were to be eliminated by the federal govemment and continued by the city, It
would need to be financed from general revenues.
2. Public Safety Communication System. $2.2 million. (substantially complete)
With the implementation of the E911 system, as well as our computer aided
dispatch, record management system, mobile data terminals within our pollee and
fire vehicles, we have basically fulfilled our intent to modernize OUf public safety
communication system. The sale of the $2.2 million bond issue was used to
finance this project. Dunng the period of study for this project, it was indicated
Increased staffing should be provided within the communications canter. While we
have added dispatch personnel, we have not completely fulfilled the consultant's
recommendations. These funds will need to be provided flOm general revenues.
3. Industrial Park. $1 million:!:.
As you know, the BDllndustnal Park Is rapidly approaching final build out. A new
industrial park, publicly financed and managed has been considered. While the
land to provide such a park has not been secured, the polley position to pursue
such a project remains in place. We will continue to review and determine
whether such an Industnal park site can be developed through public funds.
Howevef, for the time being, this project Is on hold. This project would need to be
financed from geneml revenues. However, sale of land would offset the capital
Investment.
4. Human Service AgencIes. $300,OOO:!: annually.
As indicated in my October 1990 memo, our community human service programs
constantiy struggle for financial support. While our community has been
supportive, it will inevllably never be enough. Any time we can enhance
participation by government In the support of human service activities, It would
result in a more stable financial base for these agencies and thereby Increase
emphasis on programmatic issues. . Currently the city government provides
approximately $220,000 In general funds and $81,000 In CDBG program. Some
permanent financial support system should be designed In order to provide for this
type of community services and lessen the demand on the city's general revenues.
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Currently with our basic revenue base frozen, It does place us In a similar position
to these agencies as we struggle to provide for our municipal needs.
5. Economic Development or Housing Revolving Fund. cost unknown.
At one lime an economic development revolving loan fund was under
consideration. We have made little progress In pursuing this concept, primarily
due to the loss of federal UDAG monies following the Holiday Inn bankruptcy, and
the fact such a program would require a general revenue commitment. A similar
concept for housing has also been considered.
6. Schedule Replacement of Fire Equipment and Vehicles. $100,000 annually.
A few years ago we Implemented a plan to upgrade and replace Fire equipment
and vehicles at feguJar Intervals and avoid large budget Increases. We now have
In place an annual commitment of monies to allow for the replacement of our fire
apparatus. In the FY94 budget I have proposed the postponement of a payment
Into this fund. However, we should be able to continue our polley of upgrading our
major equipment although on a somewhat delayed schedule. Over the last five
years we have purchased three new fire apparatus at a cost of $853,000.
7. Fire Stations. $1 million:!:.
Currently the Fire Department operates with three stations. As our community
continues to grow, we need to consider relocatloll and/or construction of a new
satellite fire station. A study has been completed by our Fire Department and
JCCOG planning staff. The study has been completed; however, It is curfently on
hold In that we do not have the financial resources available to construct a new
satellite station or stations and provide for the addlllonal personnel. Also, the
study Identifies a number of major roadway Improvements which could provide for
quicker public safety response time, however OUf community's altitude toward the
expansion of roadways has made It difficult to establish the type of network which
would provide quicker public safety response as our neighborhoods seek to
preserve their existing character and quality.
8. Fire Training Facility. $700,000:!:.
As the Fire Department provides a wider range of services, public education, code
enforcement and other emergency response, our training requirements Increase.
We do have on staff a full. time training officer to attend to many of these training
needs. However, the use of some sort of training facility may be desirable. Our
current training Initiative with the University of Illinois has helped our training and
firefighter preparedness. This project Is on hold In that It would require general
revenues and/or debt financing.
9. Science Center. Cost unknown.
The Informal community Interest has now grown to a formalized committee of
community leadership. This group Is developing a program and Is establishing
support of the concept. As more activity Is generated It Is likely the City will be
called upon to participate both programmatically and financially. The cost of such
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a project is unknown, but would require general revenue support and/or debt
financing.
1 o. Parking ramps. $4 million:!:.
Planning for parking ramp construction has continued. With a new ramp on
Washington Street (Chauncey Swan) under construction, attention is likely to be
turned toward how we will provide additional parking In support of our downtown.
The current polley of no tax SUbsidy Is likely to continue from a practical standpoint
due to general revenue limitations. Increases In parking rates will be necessary
to support expansion of new parking. Additionally parking demand will Increase
due to other capital projects which may occur In downtown, such as an Arts!
Conference Center, Science Center, and continued University growth.
11. South of Burltngton Policy, Cost unknown.
The polley recommendations for the area south of Burlington have now been
adopted by the City Council. With the Near Southslde Plan and the
Implementation of zoning ordinance changes, we have the framework for the
development of that part of our community. The Malden Lane project Is now also
proceeding. Additionally, work will need to be undertaken to continue negotiations
with the federal government concerning the use of the federal lot as well as a
possible parking on property directly across from SI. Patrick's Church. The parking
impact fee and streetscape plan Improvements will need to be Initiated. In the
FY94 budget, monies were requested for streetscape planning ($10,000), however
these funds have not been recommended.
12. Water Quality Standards. $15 to $30 million.
The Council recently approved a $500,000 study to determine our long-term water
system needs concerning both quantity and quality. With the Safe Drinking Water
Standards applicable In the very near future overall quality of our water as well as
future needs, made the study necessary. All of these costs are financed by water
user charges. If we are able to secure a new source of water supply and thereby
lessen treatment costs, the capital cost could be more toward the $15 million
figure; however, If we continue to need to provide Iowa River water as our
substantial SOUfce of our water, the new treatment processes would require the
likely construction of a new water treatment plant at a cost of $30 million.
13. Sanitary Sewer Service. $30-$40 million.
It Is virtually impossible as I had Indicated earlier to predict the financial Impact of
these new state and federal regulations. The ammonia standard regulations to be
In place by the year 2000 may cost as much as $15-$20 million. The other
regulatory costs are simply unlmown. These costs are to be financed by sewer
service charges. Some of the major projects include:
Connection of 2 plants
Plant rehabilitation and renovation
Peninsula sewer
Wests Ide trunk sewer
Miscellaneous projects
$17,800,000
$2,370,000
$500,000
$360,000
$600,000
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14. Arts Center. $10 mllllon+.
Preliminary work was completed In order to provide for the framework for a study
to determine whether such an art center would be a desirable addition to our
community. We llJ'e currently under contract for the study and a local community
Interest group has been called upon to support the study effort. It 1'1111 be several
months (mid 1993) before we can pursue the formal outline of the exact cost of
such a facl11ty; however, it Is likely that it 1'1111 require a commitment of debt service
and general operallng funds. With the incorporation of the convention conference
center concept Into the art center, the capital costs are altered as well as revenues
generated.
15. Library. Cost unknown.
The Library Board has formed a committee to review options available to them
with respect to expansion of the library or construction of branch facl11t1es. The
costs are unknown; however, It would require general fund expenditure and/or debt
service financing. The growth patterns of the community as well as the c9ntlnued
growth In the use of the library by will likely require some type of additional library
facl11t1es.
16. Transit capital replacement. $2.6 million:!: (13 buses).
Approximately three years ago we set In place a policy to provide for our city's
shllJ'e of replacement for the transit buses. With the addition of ADA obligations,
the cost per unit will likely Increase; however, we are making the assumption that
the federal policy 1'1111 remain at 80%. In the upcoming budget I have postponed
a payment ($65,000) Into the transit capital reserve for one year In order to allow
us to get through the freeze leglslallon. Sufficient capital financing needs to be
anticipated and we 1'1111 also need to look at the overall maintenance service
requirements of each of our current units. General revenues and/or debt financing
may be necessary in the future; however, our current policy position appears to
allow us to satisfactorily replace our transit equipment as needed, assuming
continued federal support.
17. Affordable Housing. Cost unknown.
The National Affordable Housing Act of 1990 mandated the development of a
Comprehensive Housing Affordablllty Strategy (CHAS). It created new housing
programs such as those known as HOME, HOPE and Family Seif.Sufflclency.
The new federal emphasis Is on rehabl11tatlon and empowerment of the poor
enabling them to purchase public housing. This 1'111I be a program pursued by our
Public Housing Authority and Planning and Development officials. However, our
greatest need appears to be for additional affordable rental units. Often new
programs require a local match In the form of land Infrastructure or cash. It Is
unclear what level of support there 1'1111 be for these programs In the future by the
federal government other than we are attempting to secure whatever federal funds
might become available for our community.
The Greater Iowa City Housing Fellowship, In conjunction with local lenders and
the City, are also working toward affordable housing Initiatives. As we continue
to work toward a consortium of lenders to participate, It Is likely that additional
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general revenues may be necessary to provide matching funds or to participate In
any type of underwriting of these affordable programs.
18. Parks and Recreallon . cost unknown.
Sports complex adjacent to South Wastewater treatment plant
Napoleon Park. Softball Complex
Ice Arena
Development of existing parkland - Ryerson's Woods,
Hunter's Run, Mesquakie .
Parkland/open space acquisition
Second recreation center
Municipal golf course
Maintenance building for Parks
Additional gymnasium space
19. landfill. cost unknown
- $4 million
$780,000
$1 million
cost unknown
cost unknown
cost unknown
cost unknown
cost unknown
cost unknown
The landfill will receive significant financial and polley attention during the next decade.
Each new cell may cost up to $1 million to construct; $7,000,000 in 1993 dollars must be
set aside to meet closure/post closure responsibilities; leachate collection $1 million.
20. Bridge reconstruction. short-term ($2,630,000) . long.term . cost unknown
Melrose Avenue Bridge
Woolf Avenue Bridge
Summit Street Bridge
Rochester Avenue Deck replacement
$1 million
$570,000
$800,000
$260,000
The City has 38 bridges and culverts subject to the State rating requirements to determine
bridge conditions, subsequent weight limitations and other maintenance responslbililles.
The above bridge projects represent those that will likely need attention within the next
five years.
21. Street reconstrucllon
There are numerous street projects planned during remainder of the decade. The budget
proposed represents the most current list and would likely occur In the next 2-5 year
period. Also an annual appropriation of $200,000 for street resurfacing will likely continue.
Other street projects will occur commensurate with Council development decisions. Every
effort is made to finance street projects with road use tax funds to minimize use of
proJects taxes. The list of street projects will likely remain very fluid throughout the decade.
22. CIvic Center Renovallon . $500,000
With offices now consolidated, most work effort at renovation wlli be to remove asbestos,
fulfill requirements of ADA, have the Civic Centel meet all safely and building appropriate
codes, and remodel offices as needed while fulfilling code requirements. The Civic Center
Is 30+ years aid and maintenance attention will Increase.
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21. Airport. ($10-$20 million)
The decisions affecting future airport location are pending at the lime of preparallon of this
memorandum and the altematlve costs associated are estimated.
22. Police Firing Range. cost unknown.
23. Public Works Complex. $2 millIon
For some time there has been Interest In the sale of the current public works yard at Hwy
1 and Riverside. The site has been determined to be of commercial value. Until an
altemate site can be found and the airport decision has been concluded, this Issue will
remain pending. Similarly the location of our Water Maintenance building on Highland
Court also will need future allentlo~ and should be Incorporated Into any Public Works
plan.
There afe many short term projects which will receive your attention during the course of routine
Council agenda Issues. However, In the long term, I believe, our community's interest In capita'.
proJects continues to grow, as well as additional state and federal mandates requiring local
resources.
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