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HomeMy WebLinkAbout1993-04-13 Info Packet ~'........... "..-- \ ,", "": -- ,,' '......,',' ',:..' , "FJ :-,,' ::",.., ': ,,' -< ,': ' . " I <. '1 .:,. I 'l.... , , _, . ...'....<" '.: 1" :' :""~:"',~I-,, ,., ..' l. ":':''''''''~' ~ ,,' ,'- till, ""tJ ",J."" 1" ,.."',, ";',, ' ,'" . ""'1 I "'. ' Memorandum from the City Manager regarding pending development issues.~ Copy of letter from the City Manager to Iowa DOT regarding Melrose Avenue Bridge project. Memorandum from the Assistant City Manager regarding cable franchise renewa 1. 7<f 7 Memorandum from the ,Superintendent of Solid Waste regarding recycling program. Memoranda from the City Attorney: a'. Offer of Mediation Services; Stier's Proposal b. P.art~al Litigation Update Copy of letter from Sylvia Forsyth to Parking Violations Division regarding ~ parking ticket. Copy of news release regarding closure of WaShington Street between Gilbert and Van Buren. 7t,;J, Minutes of Neighborhood Open Space Plan Committee meetings of December 21, 1992, February g, 1993, February 22, 1993, 'February 23, 1993, February 24, 1993, March 3, 1993, and March 11, 1993. Agenda for the April 1, 1993, meeting of the Johnson County Board of Supervi sors. -..:J.k Copy of letter from the Director of Planning and Community Development to,-the 'Johnson County Board of Supervisors regarding annexation of the Iowa City Landfill. , , --- - a-- --- , __ - .-...- ~__ ,-- . ........ -... . ,.. -,... . ' .. ""..,...- .............-- -.... ,.~ :~'''::.''!~~'~.','.''~, :':.:--,'.,,' \'~i~""" ":1,':';,,. ," ,,'," ','>,:',." , ,,,,,,ft/-' ,f-.'" ',,",,,, , , '" "," ,,' .'. .. .:.'" . . ,\ r, . I . ~,. . r '. ", '" ' " :. ' r', :' " ;," \~"'I"""~:)""":"""'" ........~\',. ;1....,.,,'........ ~~., I City of Iowa City MEMORANDUM DATE: March 31, 1993 TO: City Council FROM: City Manager RE: Pending Development Issues An appl ication submitted by Steve and Nancy Shaffer for a speci a 1 exception to permit up to two dwell i ng units above the ground floor of a commercial use for property located in the CC-2 zone at 825 Pepperwood Lane. An appl ication submitted by Out-of-Danger, Inc., on behalf of property owner Southgate Development Corporati on, to establish a transient housing facility in the CI-1 zone for property located at 548 Olympic Court. 70S - ~, ., .. --..-...... v-'~ .. .. -.-----...-~- r-r ~................-...,.--.......- ,.- .. ....T- ... -........-.- < "'....', "~'':'::/' , '....;,'::', "f+j'" " , ' , ..,':' '.'."" ,,;'..", \. ," ' '. ", ",~ " ", fI l,' ',," " ' , ,'~, ".... ~,' - ,: \ : ',.', . "'., ~; ::,; ~ ." " ..'" '. . , .' .', ',.' "'.' - " .- ,,\,,:,::,f31...,:,..'.~! :~"! :':!_':', '. "",:~ ,,',:, " ,':.' ",,\;&.. CITY OF IOWA CITY - April 1 , 1 993 Ian MacGillivray, Director Planning & Research Division Iowa Department of Transportation BOO Lincoln Way Ames, IA 50010 Re: Environmental assessment for Melrose Avenue Bridge reconstruction project Dear Mr. MacGillivray: As you are aware, the City of Iowa City Is undertaking an environmental assessment lEA) In conjunction with the Melrose Avenue Bridge reconstruction project. This is being undertaken at Iowa DOT's direction, and we will be working with Harry Budd of Iowa DOT to develop the appropriate scope of work for the EA. We will be seeklng lOOT approval of the scope of work before proceeding to contract. It is stili not entirely clear to us what factors have changed since Iowa DOT's Initial determination that an EA was not required; however, at this point our Interest Is to proceed with completion of the EA so that the reconstruction project 'may move forward. \ The Iowa City City Council has asked me to correspond with you on why Iowa DOT is requiring an EA instead of an environmental Impact statement lEIS). It would be helpful to us If you could explain the difference between the two procedures, and why you have made the determination that an EA Is appropriate for our project. It is of concern to us that a situation may occur similar to the recent events which led Iowa DOT to withdraw the exclusion and require an EA for the Melrose Avenue Bridge. If there Is a chance you will subsequently void our EA and require an EIS, we may wish to eliminate the time and expense of the EA and proceed directly to the EIS. This has been a confusing process for us, as we have been pulled In several directions by various federal and state agencies-the Federal Highway Administration, the Environmental Protection Agency, our Congressional office, the State Historic Preservation office, and Iowa DOT. I have been advised that at your request, we are now only responding to direction from your office. The deteriorating condition of Melrose Avenue Bridge has left us with a potential public safety problem on an arterial street which carries up to 17,000 vehicles per day, and therefore we are anxious to proceed with a reconstruction project. We would appreciate your prompt response to our request, and contact JCCOG Transportation Planner Joff Davidson at (319) 356-5252 If you need any further information. Sincerely, Stephen Atkins City Manager cc: City Council / Jeff Davidson, JCCOG Rick Fosse, City Engineer jecOQtdmVnKQiUtr ~IO EAST WASllrNOTON STREET' IOWA C'ITY, IOWA nUO.rIH. Ill91 lJ6dOOG. FAX 11I'1 1""'71' .-r,' ..,-... ... "... --.- .",.....------ . "~T...,. ~- ~,. y - - ..y--.......-..".. --... .... ...,.-___--r""" <\.,' :m"'" :', ~I- ,;' ':'{~' :.-', >"::.~:" "'.-' ~ l.~.,,_, ,','J'-':: :~:"'::1'\ " , f;' "'t' I' - ,~~. "'" I" ,,' , ',' ,- '" '. --"it': '~<.'. :';'.., ....:1,1,';', '.,.......: ~ " ::', " ~.._,; "'" '~,'. '.,,',',' .' _.-,J '.....1 "_' ,,~~,' 1_ ,,,...,:, 'i,,~ \. ",' '" ,:. ':'\ '\', '. \ , ~ ,'. ' , .1.... , ''::'' I ,",'.' I, , ; _ , City of Iowa City MEMORANDUM Date: April 2, 1993 To: City Council From: Dale Helling, Assistant City Manager Re: Cable Franchise Renewal Attached Is a copy of the latest draft of the Request for Proposal (RFP) for franchise renewal. The Broadband Telecommunications Commission will hold a public hearing on this document at 7:00 p.m. on Wednesday, April 7, 1993, In the Council Chambers. After the public hearing, the RFP will be finalized and sent to TCI with a response expected within 60 days. The RFP and the proposal In response will become the bases for negotiation between the City and TCI for a franchise renewal agreement. \ In addition to the RFP Itself, TCI will receive several other documents as part of the RFP. They Include the needs assessment survey, technical audit, and consumer market analysis which were previously completed by the City's franchise renewal consultant, Rice-WIlliams, Associates. Also Included will be copies of needs assessment responses from the programmers of the local access channels (PATV, Public Library, School DlstricllKlrkwood, University of Iowa, Govemment Access). These all represent responses to the needs assessment determination which Is part of the formal refranchlslng process provided In the 1984 Cable Act. They include a comprehensive list of facilities, equipment, and services desired by the local access programmers. It is not likely that TCI will propose to meet every need as stated. However, their proposal and the stated needs of the programmers will establish the parameters for negotiations regarding the level of support TCI will provide for local access. Note that the RFP Includes a number of requirements and questions aimed at determining how TCI will address and resolve problems experienced during the term of the current franchise. These Include a variety of technical, financial, and service-related Issues, many of which we can require the cable company to address as a condition of renewal. The Commission's public hearing on April 7 will be cablecastlive on Government Access Channel 29/30. A copy of the videotape will be available if you cannot watch on the 7th but wish to review the proceeding at a later time. Please contact me If you would like any other Information. cc: City Manager Broadband Telecommunications Commission Drew Shaffer Attachment bf<unowol '57 \ ".... -- ..".---- --.. .. -.-.----.-~---..__v--,........ - " \ ,. " "',' '" , ~ "~;.~;~- ,-, '-,,,,,<j', "", ,',), ' ,', ", "'f,.,"'t"" """, 'tzl' '" '" '" ,'" ,. ,., "'~ II, \' '" ' :: ", ,l,~ ,t;, \:' , ", ' "'. '. . . "I .' ~ :' , ,', ,.", ",' , ".' ': ~'" ,"; ,,2;", ",_<."t"'\~':'''::)'''';''.'' ,.,j ,;" :',.. :, ,':;:' , ' "':,,, ~~ ;;., 191; k- 0"" ,L9-lw \ ,,y ,"' -,~ " MEMORANDUM / ~~ TO: FROM: Chuck Schmadeke, Public Works Director Floyde Pelkey, Supt. of Solid Waste RE: City Recycling Program Items METAl. " WIIITIl <mIlS - (APPI,IANCllS. ETC_) The Iowa City Landfill etarted separation of metal and white goods on 8/1/89. The Refuse Division atarted separate curbside collection of white goods on 8/1/89. The curbside 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 Moines, Iowa. MONTH/YEAR Feb., 1992 Mar.. 1992 Apr., 1992 May , 1992 Jun., 1992 Jul., 1992 Aug., 1992 Sap., 1992 Oct., 1992 Nov.. 1992 Dec.. 1992 Jan., 1993 Feb., 1993 TONS COLLECTED CURBSIDE 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 1. 69 ton 2.50 ton 2.55 ton TONS COLLECTED @ LANDFILL 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 11. 33 ton 13.50 ton 10.47 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 Feb., 1992 Mar., 1992 Apr.. 1992 May , 1992 Jun., 1992 Jul., 1992 Aug., 1992 Sep., 1992 Oct., 1992 Nov.. 1992 Dec., 1992 Jan.. 1993 Feb.. 1993 TONS COLLECTED BY ALTER CORP. INCOME FROM ALTER CORP. 20.09 ton $ 567.01 12.69 ton $ 303.96 4.99 ton $ 51.08 24.71 ton $ 775.36 30.67 ton $ 757.19 13.28 ton $ 324.83 .00 ton $ -50.00 31.00 ton $1,035.00 11.29 ton $ 270.63 .00 ton $ .00 12.31 tcn $ 283.08 .00 $ -50.00 5.19 ton $ 140.32 ,tg > .",~.~ \ I, , ~" . , "',' ,'. .', . . .' r " r " , ' ,. - - ~..... ,,' " ' ...... I .' I " ' ,.,. ,.." " ; , . ~ .H, '-"Ju '. I '< '. \:1'. . . , ,", t.<","~.", "1'7...'.:" ,',' ',,: ,,'.; '" ,~,' ~:\_l:.,'J.J\."~':,J;':J','.:~,::::.l'~"I"': .' I ","" ..,' Recycle Program Items - pg 2 , i I I I I I I i I MDNTHIYRAR Nov., 1992 Dec., 1992 Jan., 1993 Feb., 1993 TONS COLLRCl'RD BY STATK WfDR 42.77 ton .00 ton .00 ton .00 ton INCOMR FROM STA'l'R WIDR $ 427~ 70 $ .00 $ .00 $ .00 \ \ I I I I I i I I , I I I , ! i , , I 7St I ::'",,' ,:"t7,;..:,:',",J'r", ,,",,;=i,:'" ,:t~I"~':':,-~(:, ", :' '".. ~'r'JI.~, ,t.'.,IA,I:..".J1"."I~~ ' ",I,\\~" ",,11 "..... I -'''')'/',' ..~., . )'". '. ,. , , , Recycle Program Items - pg. 3 TIRES The City'e 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 plue a fee for rims collected. MONTH/YEAR Feb., 1992 Mar., 1992 Apr., 1992 May , 1992 Jun., 1992 Jul., 1992 Aug., 1992 Sep., 1992 Oct., 1992 Nov., 1992 DeC., 1992 Jan., 1993 Feb.. 1993 TONS COLLEGI'ED CURBS IDE .02 ton .30 ton .06 ton .50 ton .19 ton .10 ton .21 ton .23 ton .10 ton .00 ton .27 ton .00 ton .00 ton TONS COIJ,EGI'ED @ LANDFIlJ, 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 19.66 ton 2.01 ton 6.28 ton , I I i The tons collected by Rosebar Tire Co. do not necessarily reflect the month that the tires are collected by the Landfill. MONTH/YEAR Feb.. 1992 Mar., 1992 Apr., 1992 May . 1992 Jun.. 1992 Jul., 1992 Aug., 1992 Sep.. 1992 Oct., 1992 Nov., 1992 DeC., 1992 Jan.. 1993 Feb., 1993 TONS COLLEGI'ED BY ROSEBAR 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 17.31 ton 5.25 ton 6.17 ton EXPENSE PAID TO ROSEBAR $ 276.75 $ 152.70 $ 227.55 $ .00 $ 681.85 $ 234.75 $ 146.25 $ 205.50 $ 450.00 $ .00 $1,247.77 $ 372.75 $ 438.07 1S1 " :;':: ',() :;,:1 iTI :,/. :)ft:1i:':" :~'",~;",/;" ::' ':~~::,~ , :,::;:,~:,~;' ..: ---;' fir fy ~', ""ilk.\ '7. ~"'W;\.-~ ,~'. _:_l\';"::'~ ~. " '.;: . ., ./'1 '" ~ ',' "-'~.,. -,..1. _." .r I , Recycle Program Iteme - pg. 4 IDlWSPRINT The City began drop site ccllection of newsprint on 3/28/90, with seven locations nOl< available (Econofoods, No. Dodge Hy Vee, City Carton, Eastdale Mall, Recreation Center Lot, PepPerl<ood Place, Rochester Hy Vee). The City collects the newsprint from the drop sites and delivers them to City Carten Co. for procsssing. In addition, the City began curbside collection of nel<sprint on 7/13/92. The curbaide ,nel<sprint is also delivered to City Carton Co. for processing. The City pays City Carton Co. by l<eight according to the Chicagc Market price. MONTII/VEAR TONS COLLEGI'ED CURBSIDE TONS COLT.EGI'ED @ DROP SITES Feb., 1992 .00 ton 107.45 ton Mar., 1992 .00 ton 141. 51 ton Apr., 1992 .00 ton 134.26 ton May , 1992 .00 ton 153.40 ton Jun., 1992 .00 ton 137.48 ton Jul., 1992 16.82 ton 119.31 ton Aug., 1992 26.71 ton 108.75 ton Sep., 1992 33.50 ton 94.52 ton Oct., 1992 30.14 ton 97.10 ton Nov., 1992 28.24 ton 97.52 ton Dec., 1992 34.78 ton 81. 91 ton Jan., 1993 24.68 ton 80.72 ton Feb., 1993 26.77 ton 78.18 ton MONTII/YFAR PD CITY CARTON: CURBSIDE PD CITY CARTON:DROP SITES Feb., 1992 $ .00 $ 1,612.20 Mar., 1992 $ .00 $ 2,122.65 Apr., 1992 $ .00 $ 1,245.15 \ May , 1992 $ .00 $ 1,534.00 , Jun., 1992 $ .00 $ 1,308.45 i I Jul., 1992 $ 168.20 $ 1,195.17 I Aug., 1992 $ 254.80 $ 1,089.32 Sep., 1992 $ 286.70 $ 743.50 I Oct., 1992 $ 328.75 $ 963.62 Nov., 1992 $ 282.40 $ 975.21 I Dec., 1992 $ 347.80 $ 941. 40 , , I Jan., 1993 $ .00 $ .00 I Feb., 1993 $ .00 $ 664.81 I , ! I i 1!f I ," , '~' " t""',' . "*/.;.,.,, . 'w;':' '. ". .!'. " ,,:",':. . ,:. :', . I ,.... .., . ., , ", .... "'j;' . ::~ .... ' ".,,' ,-,: . '-' ..:" :':, '" :,- ~ -,,' " '" \ I '1'" r ' ", ., (' . . ' ',- Y--,v ,,'" OJ ~ " ,,: ,1:-"',",', ..""l....",.\~)., ....... .,',C.,,'..... ", . ','0'" Recycle Program Items ~ pg. 5 YARD WAliTll The Iowa City L8.ndfill started separation of yard waste and the Refuee Divieion etarted separate curbeide collection for yard waete on 5/21/90. The clwbside collected yard waste is taken to the Landfill recycle site. mNTll/YEAR Feb., 1992 Mar., 1992 Apr., 1992 May , 1992 Jun., 1992 Jul., 1992 Aug., 1992 Sep., 1992 Oct., 1992 Nov., 1992 Dec., 1992 Jan., 1993 Feb., 1993 TONS COLLECTED CURBSIDE 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 6.41 ton .00 ton 1.18 ton TONS COLLECTED @ LANDFILL 21. 73 ton 97.35 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 27.95 ton 1. 93 ton 1. 38 ton PIASTIC Bffi'l'IJlS I ! I , ~ , i i I. i, I i 1 I I I The City of Iowa City began drop site collection of plastic milk jugs on 6/12/89, with eight locations now available (Econofoods, No. Dodge Hy Vee, City Service Yard, City Carton, Eastdale Mall, Recreation Center Lot, Peppel'llood Place, Rochester Hy Vee). The City collects the bottles from the drop sites and dslivers 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. Thecurbside bottles are also delivered to City Carton Co. for processing. MONTII/YEAR Feb., 1992 Mar., 1992 Apr., 1992 May , 1992 Jun., 1992 Jul., 1992 Aug., 1992 Sep., 1992 Oct., 1992 Nov., 1992 Dec., 1992 Jan., 1993 Feb., 1993 TONS COLIJlCTED CURBSIDE .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 2.53 ton 2.16 ton 1.95 ton TONS COLLECTED @ DROP SITES 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 6.73 ton 6.15 ton 3.63 ton ?Sf \ -~~--r""""""'- "" .. ~,.....~...~- -.....-r-. , ...... - - ....Y"- - - ,- < ,. m'" '. ....'.. .,;;.' . c -,~~ ' ",' '.' .. , ,t "'1" '-'2."" :2J '.' ....". ,.... ::....;l~,':::.;~.:.:,\~~..:. .:,~,tf-,'.:, '..":.~ ;:'::.....,':-....,.:.;,.:::':: Recycle Program Items - pg. 6 TIN CANS The City of Iowa City began drop site collection of tin cans on 3/91, !lith two locations now available (Econofoods, City Carton). The City collects the tin cans from Econofoods and delivers th~m 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. MONTll/YEAR Feb., 1992 Mar., 1992 Apr., 1992 May , 1992 Jun., 1992 Jul., 1992 Aug., 1992 Sep., 1992 Oct., 1992 Nov., 1992 DeC., 1992 Jan., 1993 Feb., 1993 us TONS OOIJ,ECTED CURBSIDE .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 4.37 ton 3.98 ton 3.60 ton TONS OOI,LECTED @ DROP SITES 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 3.01 ton 2.79 ton 2.80 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 ie separated by color and delivers it to City Carton Co. for processing. I In addition, the City began curbside collection of clear ~lase on 7/13/92. The curbside clear glass is also 1elivered to City Carton Co. for processing. MONTH/YEAR Feb., 1992 Mar., 1992 Apr., 1992 May , 1992 Jun., 1992 Jul., 1992 Aug., 1992 Sep., 1992 Oct., 1992 Nov., 1992 Dec., 1992 Jan., 1993 Feb., 1993 TONS OOI,LllCTED CURBSIDE .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 7.76 ton 8.10 ton 7.08 ton TONS COLLECTED @ DROP SITES 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 .00 ton .00 ton .00 ton 1St " ...__'w ....., - r-r T.,----- - .-,. --,-- .... .....". ':~'::':,' ./~l' ",' . t'~l_. .: .,- .". '~. . ",. r -' : " , .', \ \ ;::: .'::' . ,t ' " ,,' ,~,. .L), '. " ,,', ", ,','''.. :, ",~;}~\'.~ .,':~~.;" c, I ~41."-~<."i:ry\\,;':_: .:,1- "; '. .':~, :' r . .:. '. "~:"::"'. Recycle Program Items - pg. 7 OIL The City has bsen providing an automotive !laste oil disposal sits at the City Service Yard since 9/22/89. Industrial Service Corp. collects the City's lmcontaminated !laste oil MONTII/YEAR Feb., 1992 Mar., 1992 Apr., 1992 May , 1992 Jun., 1992 Jul., 1992 Aug., 1992 Ssp., 1992 Oct., 1992 Nov., 1992 Dec., 1992 Jan., 1993 Feb., 1993 ANTI -FREllZll DISPOSAL SITE TONNAGES 3.68 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 1.16 ton 2.10 ton 2.22 ton 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 I BA'l'l'llRIES DISPOSAL SITE TONNAGES .66 ton The City has provided a drop site for automotive batteries since 12/1/88. Batteries are sold to various available vendors. MONTH /YEAR Dec., 1990 DISPOSAL SITE TONNAGES 2.33 ton .llm1E $ 266.00 1St "..-.. ! I I ~ I I I ". - .. .........~. ~ J..... lJl"""'"~ "1P-Y - - .-..,- ~...... t!-- 9 .. ...,.. - .... , ......... ~ - .'- :"'"',::t71'.-~;.':';'if/;.:..:::;tJ:;,.'.:,:,,c;,:.:;): ..>::- ,'0:'::', ;""', :>~. '.1 [ I ,J: ,_ ,,'TI I"~ ~ ., .,., ,-' . '" :' '...,.... "'~' ,---', -'. .1./ " -. .' Recycle Program Items - pg. 8 OO1IS'lMAS TREKS After the Christmas season of 1988-89 the City started a christmas tree collection program. The trees are collectsd at the curb and chipped into mulch which is then available for public use. The program will run annually at the Christmas season. MONTH/YEAR Jan., 1991 Jan., 1992 Jan., 1993 TONS COI,LECTED 43.57 ton 54.00 ton 39.47 ton EXPENSE $ 9,188.07 $ 8,136.00 $ 6,400.00 cc: Brad Neuman Carol Casey c:\wp51\recycle.mem 1$8 ..~ - .. ~ .' I i I I I I , , ~ f: " c. I .' !.~ " " ;1 ,. " , :' i; , ,. ~ - .-.-........ .,....~,.~ ~--, -y - - .~ --. ,.-~ ...~-..".- ... -..."..-.- ~:i "".'i4t .'," . '~/' ;',;n:j,.' ,;' ::;18.'..:., ,";. <.:; '. <'" ': :0:":,,- :'.::) '~.:." f"f:'.~t.:r~i:< '~7J:"";~.JLf,~,:',..:' ',I~' :'..;: :.~._' ,/~'; ...;1.........'1 .\~"_ l.~ " ,.. . _"I' ,', " . ;, ~ . , . , . l ..', , '.~ . ". . City of Iowa City MEMORANDUM Date: April 1 , 1993 To: Honorable Mayor Darrel G. Courtney and Members of the City Council From: Linda Newman Gentry, City Attorney Ae: Offer of MedlaUon Services; Stier's Proposal Attached please find a letter, proposal and resume of Serena Siler, who spoke with me In February of this year regarding possible mediation services for the City of Iowa City. Ms. SUer Is an attorney with worklng experience In the mediation area. Indeed, her experience Is fairly wlde.ranglng, and she Indicates a willingness 10 asslslthe City In working through some dlfflculllssues now presented before the City Council. I wanted 10 pass this Information on to you, for your informaUon, Should you wish additional Information or time to discuss this at a work session, I would appreciate your latting me know. I cc: Sieve Aikins, City Manager Dale Helling, Asslstanl City Manager Marian Karr, City Clerk Serena Stier, Ph.D. & J,D, Attachmenl n:~9ga~m9mos\st19r,mmo 1S' - .......'. ........~-...-r '.-y - ._~ '_9"~ .. -- T- ... ~f\~' .':' a" /: ~\.' ~" ,'1;':- ::.'J .~-:,..- , ' ':'1:";:""> ~), '.,'. :;' ',,',~ ' " " .,t . . ,.1..1' ,. ..d" .,,/ I .' " . ".,..." " '~',' 1 ,~;,'\,.'~,' ',:;: '''r~'4~:r' _:'''.;~~~: " ' ',~: :~, I :'~.' ~L .:':, ',:', "';' J,,~", ", >'.~' " " ~I RflCfil'/I!ZO Serena D, Stier 2382 Willowbrooke Lane Iowa City, Iowa 52246 (319) 351-2358 FEB 2 6 1993 CITY ATTORNEY'S OfFICE February 25, 1993 linda Newman Gentry, City Attorney Civic Center, 410 Washington St. Iowa City, Iowa 52240 Dear linda: I very much enjoyed meeting with you and some of your colleagues last week, As Steve Atkins suggested, I am writing to outline some of the ideas we discussed about resolving appropriately selected disputes involving the city by non-adversarial, more collaborative means such as mediation, Amediatoris an impartial, specially trained third.partyfacilitatorwho often can assist disputing individuals and groups to resolve their disagreements both more efficiently and with greater satisfaction. For example, in 1988 the City of San Diego contracted for mediation services to address regulatory disputes. This program has achieved exceptional agreemen~ compliance, cost effectiveness and improved the city's image with its citizens, Other kinds of mediation programs are currently operating throughout the country as well as in some parts of the state of Iowa, \ I propose that Iowa City develop a pilot mediation project. Initially, I would work with you and other members of city government to identifY current disputes that might be resolved through mediation, I would then offer to provide mediation services to the city. Should the pilot project be successful, I would be prepared to work with staff to develop a more ambitious and institutionalized program, possibly including foundation funding, Enclosed is a copy of my resume. I look forward to exploring further the possibilities for implementing mediation services within the city. Sincerely, ~ ~~~---- Serena Stier, Ph,D" J,D. 1S7 - -" .... ..... ---,.-....... y-.- I .. r ~.......,,--.....r ~..",. - - T_r _.,.~ .... .....,. _ ... .....,... __ - __ .'~ .,;::.....f.~l. ":.,.t~/"".';':'{;!"":' ';.trr/,.... ,',.' ,,,.,,.~.,;:, ;,.',,'.. '.:,'.~!.<' .' I It.. I, " ' f::.:1;' \ ' - 'j ,., . '. r'. ,~." ,', '::', "~,::".i"~:""<<'<~"""< '~r':,:..~~I: \ :,',', .:"'"".,',';' RESUME Serena D. Stier 2382 Wlllowbrooke Lane Iowa City, Iowa 52242 (319) 351-2358 EMPWYMENT HISTORY -. Associate Professor of Law, Albany Law School, 1988 to present, On Leave 1992-93. .. Adjunct Professor of Law and Adjunct Assistant Professor of Social Work, University of Iowa, Co.dlrector, University of Iowa Divorce Mediation Clinic,1982.88, - Director, Policy Studies Office, American Psychological Association, 1974-77, I ! :~. I . I " - Developed policy role for psychologists in the Washington Community, - Created MA central office capablllty in law and psychology, - Staff to MA Commission on Ethical Issues in Behavior Modification, .. Uaison with other professional groups, including the Mental Health Law Project, ACLU National Prison Project, Children's Defense Fund, Behavioral Law Center, congressional committees and executive agencies, .. Founding Member, Board of Directors, Councli for Applied Social Research (Evaluation Research Society), .. Assistant Professor of Medical Psychology, Neuropsychiatric Instltutc, University of California at Los Angeles,1970.73, .. Co.dlrector, Psychology Family Therapy 1l'alning Program, .. Consultant, U,C,L,A. Psychiatry Program, 1970.73, -. Founding Faculty Member, California School of Professional Psychology, 1970.73. .. Director, Family and Group Therapy 1l'alnlng Program, .. Behavioral Science Consultant, Los Angeles County Probation Department, 1970.72, .. Consultant, Southern California Counseling Center (paraprofessional training), 1970.73. ?S~ , .--------. ... -- ~T..........")---...--r :'~",.';"f11'~"::~;~'f7,-.~:_i~I,:'" ".:0: ~'>.' . .::-., .,;;". :';.': :.'.< , ", '. '. "'a"" > f\Jj -, ; 1._ ":' ..... -. -" --~~....,-'---'---~- .~'::',:'~":""~',~~\"~~.;".' ',I..~..,',"'\'.I"'1 ".'\/'~"',,' \".....,. ,.:l Serena 0, StlertPage 2 EDUCATION Underl!Taduate: BoA, 1960, Stanford University. - Ho.nors in Psychology, - Phi Beta Kappa, Graduate: Ph,D, 1967, University of California at Los Angelcs (Psychology). -. Member, Graduate Honors Society, .. United States Public Health Service Pre.doctoral Fellow, 1960-67. M.A., 1961, Boston University (Psychology), Post-Graduate: United States Public Health Service Post-Doctoral Fellow, in the Family Therapy 1ialning Program, MI, Sinai Hospital, Los Angeles, California, 1967.69, Law School: J,D"1981 (with high honors), University of Iowa College of Law, .. Law Review (Contemporary Studies Project). .. Member, American Bar Association Developmental Disabilities Stale Legislative Project, 1977.79. - Summer Intern, ACLU National Prison Project, 1979. .. Member, Special Review Committee, National Institute of Menial Health, Impact of Marital Disruption on Children, March, 1980, I PunLICATlONS Reframing Legal Skills: Relalional Lall)'ering (Review Essay), 42 Journal of Legal Education 303 (1992). Legal EIIJiC.l: 'fl,e Integrity Thesis, S2 Ohio State Law Review 551 (1991), Privileging Empiricism in Legal Dialogue: Deatll and Dangerousness, 21 University of California at Davis Law Review 271 (1988), Hybrids, Pseudoscience and Dangerousness, 82 Northwestern University Law Review 52 (1987), Divon:e Medialion, in Child Custody & Visitation: Law & Practice, Chapter 15 (Matthcw Bender, 1987), Fami~ Mediation: Dealing Willi tile Realities of Divon:e, Video Center, University of Iowa (1986) (Six Videotapes) (with Hamilton, N,). . 7S9 - ... r.-__..... ......f1.- -.- ,..... - - "-r- _...... ,.~ 1'.... ""T- :.~,:~\'t"tk:,:':'tjl::"': ,'\kl~ .:: jr, ,',.",' .'::: .-:.:,':-:~;::;'\: :.;>:: ,<.' .u '. '. (if. i ... ,'"':'\ ... ,1., \ ," ~Dl. ,~I~~',. I /( '." , "';'. ' ' '.'_ " ,I.. .",.",. .., \, I". . .' ... ." " ,> Serena 0, Stief/P'ge 3 Divorce Mediation Seminar Course Materials, 925 pp, (1984), Dispute Resolution Clearinghouse, University of Wisconsin Law School (with Hamilton. N,), Teaching Divorce Mediation: Creating a Belter Fit between Family Systems and the Legal System, 48 Alhany Law Review 693 (1984) (with Hamilton, N,). Involuntaljl Hospitaliza/ion of the Men/al~ III in Iowa, 64 Iowa Law Review 1204 (1979) (Conte. mporary Studies Project) (with Stoebe, K.), Children's Rights and Society's Duties, 34 J, Social Issues 46 (1978), Psychology and Public Policy, In Policy Studies and the Social Sciences 107 (S, Nagel, ed, 1975), Training Issues in Fami~ Therapy, 1 J, FamIly and Marriage Counseling 63 (1975) (with Goldenberg, I,), The Use of Mul/iple Family Mara/hon as a Teaching Device, 1 J, Marriage and Family Counseling 343 (1975) (with Goldenberg, I, and Preston, LA.), Cross.sex In/erac/ions in Child RearingAt/itudes, CLEP.Neuropsychiatric Institute Report, 1972 (with Morgenstern, J. and Davis, J,), DevelopmentalAltainment and Symbolic Peifonnance in Schizophrenia, 28 DlssertatlonAbstracts4766 (1968), The Psychological Effects of 205 Hours of Sleep Deprivation, 18 Archives of General Psychiatry 496 (1968) (with Pasnau, R,O" Naitoh, R and Kollar, EJ,), I SELECTED PRESENTATIONS Chair, Panel on International Commercial Arbitration, Association of American Law Schools Convention, San Francisco, California, January 6.9, 1993, Invitee, Conference on 'Family Law for the Next Century,' sponsored hy the Family Law Section, American Bar Association, Berkeley, California, December 4.6, 1992. 'Legal Ethics: A Paradigm?,' Conference On Professional Ethics & Social Responshillty,' Clemson, South Carolina, November 21.23, 1991. 'Beyond Racial Borders: Interracial Custody Mediation,' Society of Professionals In Dispute Resolution Annual [nternatlonal Conference, San Diego, California, October 17.20, 1991. "Problems, Role Plays and Videotape,' joint session, Section on Innovative Thaching Methods and Section on Professional Responsibility, Association of American Law Schools Annual Meeting, Washington, D,C., January 3.6, 1991. "The Use of Simulations In Law Thachlng,' Association of American Law Schools Annual Meeting, Miami, Florida, January 7.10, 1988, '1~~ ~H - --.----......-.......- -- 'U\ \.IIl~..I._.~~~~~. JillLlIDl.MM_ ':; ~', t'~' ':',- <f'~/:"i: :'~. .;' . I, ," ,;': " ,::, (,"':,::. '.:'<,:', . I' . " 'r '\ 1 ,I., ' '. ., \ .'" " .;.:,::',.....~...,:\~,~<. '~I~"~:" /)~.'~:'" ,;':"I.:'.I~,<~>,,:''''''',:,:,'\','. '. Sere,", D. StierA'aBe 4 'Major Issues in Divorce Mediation: A Videotape Workshop,' South London Family Conclllatlon Service, March 31, 1987; Scottish Family Conciliation Service, April 29, 1987, 'Children and Divorce: The Problems of Neutralism and IntelVentionlsm,' Centre for Socio.Legal Studies, Oxford, June 8, 1987; British Home Office, London, June 10, 1987, 'Addressing Issues of Divorce Through Mediation: A Videotape Presentation and Discussion,' Workshop presented with Nina Hamilton to the Third National Conference on Peacemaking and Conflict Resolution, Denver, Colorado, June 3.8, 1986, "Thachlng Thams of Mental Health and Law Students Divorce Mediation,' American Psychological Association Convention, Los Angeles, California, August 23.27, 1985, 'Alternative Dispute Resolution: Simulation or Reality,' Association of American Law Schools Annual Meeting, Washington, D,C" January 3.6, 1985, 'Family Conflict, The Values of Continuing Relationships and the Limits of the Adversary System,' Ninth International Congress on Law and Psychiatry, Santa Margherita, Italy, June 19.22, 1983, SELECTED ACTIVITIES Executive Member, Curriculum Committee, Famliy Law Section, American Bar Association, 1991.92, Co.Chair, Section on Alternative Dispute Resolution, Association of American Law Schools, 1992, Legal Committee, Center on Law and Justice, Albany, N,Y" 1991.92, I Membership Committee, AMINTAPHIL, 1991.93, Planning Committee, Seventh New York State National Conference on Dispute Resolution, 1991. Consultant to Law Guardian Program, Third Department, and Law Guardian Backup Center, 1988. 92. Visiting Research Associate, Centre for Soclo.Legal Studies, and Member of the Senior Common Room, Wolfson College, Oxford University, Oxford, January.June, 1987. Member of the Editorial Board, Law and Human Behavior, since 1986. Member of the Editorial Board, Family Therapy 'Ibday, 1986-89. Member, Commercial Panel of Arbitrators, American Arbitration Association, since 1986, Consuitant, Iowa Peace Institute, 1985.88, Member, National Thsk Force on Involuntary Clvli Commitment Guidelines, National Center for Slate Courts, 1984.87, 15'1 ., ;1 ".'I I ~,' ,"'t~l':c . .,:.t"':',. '. ,'~",~ ',:"~(;:"'.' I.::',~", '''.;'';:: ,.:: ....:,.. ~, \" .' . I j. I~" l> ' .'.' l-,', . _ ~ \ . . ~. L'" , , . . , , ,_ ''I~' '1 "\ . " It"" "". .'. ,.,' I ),\','~ ," '1~', l'.'.-~ "\~~'l':" .~:.,' '''. L" "f' Serena 0, Stleril'age 5 ' Personal Infonnatlon Married to Steven J. Burton, William G, Hammood Professor of Law, University of Iowa, Mother of three adult children. 1$' -"""!:'"--...."..-- ".-.- . r~"-"""",,,----""'-r--,...,,. - - '--r- -_-- -:..'~' ':~l':' .:t"~/"/'; ':~'.."" 'td"""':'- .,..'....,..,...,'.,;.'>,::,.:....,', ..' t...,.,.. . . ' .. ." I.. . '.', 0- J ::." . ,', '.' ,~. f I 1 r i. ' ,", .' , . , ' . .' ' ....-:-',.: "~...' 'i'. ~- '..,...' ~':;, I-~, '~,' .' q,.rl,., " . I" '."",' .' City of Iowa City MEMORANDUM Date: April 1 , 1993 To: The Honorable Mayor Darrel G, Courtney and Members of the City Council From: Linda Newman Gentry, City Attomey Re: Partial Litigation Update State of Iowa (DNR) v. CllY of Iowa CllY: Johnson County District Court Docket No, 54672 As you can see from the attached Information from John Hayek, outside counsel for the City In the above case, John has flied an answer In the landfill lawsuit, and served a number of Interrogatories. You will also note from the attached correspondence that, quite typical of John's style, he Is taking a very aggressive role toward the state In discovery procedures, namely deposing a number of state employees. Fltzaarrald v. CllY of Iowa Cltv: Petition for writ of certiorari to the U.S. Supreme Court, flied March 1993. As promised, Bill Meardon ~as flied a certiorari petition In the U,S, Supreme Court, challenging the Iowa Supreme Court's rulings In the City's favor and finding our airport zoning ordinance did not work an unconstitutional 'taking' of property, see attached. David Brown will continue to defend the City. David and I agree the chances of the High Court's granting the writ (which means agreeing to hear the case) Is slim Indeed. I trust this will be of some assistance to you, but please do not hesitate to contact me If you have any questions. cc: Steve Atkins, City Manage( Dale Helling, Assistant City Manager Marian K. Karr, City Clerk Attachments nm..,,,"\upda.,~g 7'fJ , ~-p"~- .",...-- -. . -.---.. ~---""-r t),'.. . : -"" \' ..', . ., "t'"\"l"" 'l~" '.'k" cf'I" "'" i :',: -,', " ::~.','::,C:."';,:,~:'J~r:": ':7(1..'" ",:::~::..'. "", ',.:: '. '.,:, >:'" ':,';:. WU.l.J. HAYtK 11696.19611 JOHN W. HAYCK C. PtTtR HAyeK DAVID t. gROWN HAYEK, HAYEK & BROWN ATTORNEYS AT LAW ARCA CODE 319 TELCPHONE 33NJBOlJ 'AX 338.7378 BRtMtR BUILOIHO 1201'1 tAST WASHINGTON STRttT IOWA C1TY,IOWA BZZ"O.3978 LISA A. OXLCY March 26, 1993 "1'/ "'0 R!!CU. . .. t~[91f Mr. Timothy D. Benton Assistant Attorney General Executive Hills East 1223 East Court Avenue Des Moines, Iowa 50319 MAR 3 1 1993 , tiN ATTORNEY'S OffiCE Re: State of Iowa (DNR) v. city of Iowa City Dear Tim: Thank you for visiting with me on the telephone on March 26 concerning depositions. This letter is intended to summarize our discussion. I We agreed to set aside Monday, May 3, 1993, for depositions of staff members in the Washington field office. At this time we anticipate deposing Mr. Goldberg, Mr. Frary, and Mr. Brandt. We anticipate that the depositions will commence at 10:00 a.m. at the Washington County Courthouse. You are going to arrange for the presence of the witnesses. I am going to arrange for a Court Reporter. We also set aside Tuesday, May 25, 1993, for depositions in Des Moines of Mr. Griffin, Mr. Gross, possibly Mr. Whiting, and Mr. Ober. You are going to attempt to arrange a conference,room in the Wallace State Office Building for those depositions, and you are also going to arrange for the Court Reporter. You also indicated to me that you may wan~ to take Mr. Schmadeke's deposition and Mr. Pelkey's deposition. We are going to discuss dates when we meet in Washington. I will look forward to seeing you in Washington, Iowa, on May 3. Thank you for your cooperation. JWH:mec ek cc: Linda Newman Gentry 160 - P"7 v....... --r""""- ..,-.-- .. . ______.~-- .....-r --'.--" - - ...-.~ ...- ,- -. .... -.,r~--.--..- i ""<tn"'"'''T''' ': .......'.-....,..'.....'. . ,'. ,", ,.,.1." ,,{d.,. ,'ie;> ,." " . .., ,., ;,\',:~, '<.::;-';!~:':' :",~,;g" ,>S;:',' ":..~:';,i;,<;. .<~:...~;.,.::; WILLJ, HAveK 1189t1ol9821 JOHN W. HAYEK C. PetER HAyeK DAVID E. BROWN LISA A. OXLEY HAYEK, HAYEK & BROWN ATTORNEYS AT LAW BAeMER BUILDING 1201\ CAST WASHiNGTON STRtCT . IOWA CITY,IOWA 1122410.391. ARtACODt31D TtLtPHOHt 337,9808 'AX 33D.7na March 18, 1993 ~~P1f i I I I. Mr. Timothy D. Benton Assistant Attorney General Executive Hi~ls East 1223 East Court Avenue Des Moines, Iowa 50319 Re: State of Iowa (DNR) v. City of Iowa City Dear Mr. Benton: I As you know, I represent the City of Iowa City in connection ,with the above litigation. I am enclosing a service copy of. the answer that my client has filed to the petition. I am also enclosing a service copy of a brief.set of interrogatories directed to the state. There are several persons that I would like to depose in connection with the state's claims in this matter. Those persons include the following: 1. A. L. Goldberg, Field Office Supervisor, Washington, Iowa 2. John R. Frary, Inspector, Washington, Iowa 3. Paul Brandt, Inspector I , 4. Joseph Griffin, Inspector i I 5. Jim Kacer, Inspector I I ! i , , , 6. william Gross, Inspector i ! 7. Mark Davidson, Inspector i' .., " ... ..; ~ j '/ ;: :.j 8. David N. Whiting, Inspector MAR 1 9 ;::3 CITY ATTORNEY'S OFfICE 7'0 .-z.. v..... I ".. -. -r.-----.---...-............- :~', .~:.rl<,;,'J1r~.'.:i~./:_:':,. t+j. ';,.',. :'''~j'~.;:' ",';~~'. ',;,'. ;'," .;1'." ~.\' !,:'I:;+;,. I"~ ,'I' ~. .1"IoIJt~ \', .\':- ':IJ.I' ;", ',,", , I ,.. . Mr. Benton March 18, 1993 Page Two I would also like to depose the person at the DNR who is in overall charge of the state's regulation of landfill operations. I do not know who that person specifically would be, but I am sure you can provide me with that information. My purpose in deposing that person would be basically to find out how the City of Iowa city's operation compares to other landfill operations in the state of Iowa. My guess is that we compare very favorably. I will call your office in a few days to set up a time for you and me to visit on the telephone to set aside dates when you and I would both be available for these depositions. Thank you for your cooperation in this matter. very truly yours, I I i ! John W. Hayek JWH:sam Enclosures cc: Linda Gentry bee: Charles Sehmadeke F10yde Pelkey 7'fJ "t.' v.M ( I ,.... ......-----y-.----------.-. .......- ... ":"":'f'~l,.{:.'t":',' ::,.::. ,',.. .,..;....., .' ".;:'::':- ,'" '.:.' .' . '., ' .., ".k' "./..,. , ."..,."" 'r,:' , I ~., .' ~' '-~~n\,' . . ,', ' '.... " ":~" .", ......(_. ,..~,.I 'I',",: 'il'.. ,) "', "', . "r' . .f': { ..' ,'. ,\ '. ' IN THE /::'\ ,':-' r::::-- . " r" ,11-" \ , :-"\ I", /7 , t' -....J. \'! \~.) \";.i i! I ( IOWA DISTRICT COURT FOR JOHNSON COUNTY I.. " STATE OF IOWA, ex rel., ) IOWA DEPARTMENT OF ) NATURAL RESOURCES, 99A023542 ) I ) Law No. 54672 Plaintiff, ) ) vs. ) NOTICE OF SERVICE OF ) INTERROGATORIES CITY OF IOWA CITY, ) ) Defendant. ) COMES NOW the Defendant, City of Iowa City, and pursuant to Iowa Rule of civil Procedure 126 hereby give notice that on the 18th day of March, 1993, interrogatories, 2 in number, were 1,1' .' /u served on the Plaintiff eity ef IQwa-City. .xa_";I'J'~ '..J , . :'- / \ ~ \ L John" W. ~aye~ l,Iayek, Hajk & Brown 8l;'erner Bux ding 12'O/.j.. Eas.!; ashington Street Iowa city, Iowa 52240 319/337-9606 ATTORNEY FOR DEFENDANT original: Copy To: Filed. Timothy D. Benton Assistant Attorney General Executive Hills East 1223 East Court Avenue Des Moines, Iowa 50319 r1111l"''-'l!I)f'~ .' ~ ,,, ~..~,.r..;lii;"ww J 11.1111 cI tJt "f.' ,\.".,I"".utIINlOCl'tot " ..,:,' J ,'IO"l\II,".tIt....... twwcll'fl."'''''' l/ '", .':'.'ull....fIl~oI..rwlltl~ !' I..... ~J4,.~;.uI:1~l1:1l..1lM 1r...."I."...t...~O'I,..IU.adtlUGhtl1alWl " hit ,.!Iff fW9fCfttN4I.MUIl"*" '"":4r!ulJlQ.d.toQI4hlf~,wl.h ~\".I'W.I.~ F,:J. tl'lll L1dlflO'~I.'\,.tU, \, "'iI,om~"lJrl~elll"PoatCd~ 11....II~OIw In orr, on .:.,01 'l:. . . ".,...." I. '" 'wi",;" J ~~ ~u\a 1 9 1:33 allY ATTORNEY'S OffiCE ~"'.e 1'6 I - ........---------.-----.. . --- - ;:~:"",t;,.~>,l~/,~.:::',)J::.:::.I'CJ:':..,.,,,: ,':,' :~, : ,',', ,~., ' ,i~~.'" ~?1' .'/lLf ' . . .~: ",' I "', ,I,_ , . I' . "~ " . j' \ , .': , ' ,"'" ," C"' i: . " , '~. IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY -:'-;. \'. /1' .,' \\ " '-' ( 'I .' STATE OF IOHA, ex reI., ) IOWA DEPARTMENT OF ) NATURAL RESOURCES, 99AG23542 ) ) plaintiff, ) ) vs. ) ) CITY OF IOHA CITY, ) ) Defendant. ) Law No. 54672 DEFENDANT'S INTERROGATORIES TO PLAINTIFF (March 18, 1993) COMES NOW Defendant, .and submits the following interrogatories to Plaintiff, pursuant to the Iowa Rules of civil Procedure. These interrogatories should be answered on behalf of plaintiff pursuant to the Iowa Rules of civil procedure and notice is further given that supplementation of responses may be required pursuant to Rule 122 of the Iowa Rules. "''''0 , . .... '" .'1 ~ J ,~ L , .. " \ 9 \:~o I ,',\ C\1'I ATlORNf:I'S OfflCE John W. Ha k .. Hayek, yek & Brown \ Bremer B lding . '~120~ East. Washington Street Iowa City, Iowa 52240 (319) 337-9606 ATTORNEY FOR DEFEND~T r j I I i , ! I I I i i I , 7'6 --~,' V..... -rr.... ..-",.-. ~ ..--r'~T~__-'-'--"'---'" ---, ,. "'," - - . --r- - ~ ,.~ -.. .....".- ~ ~." '.'tl- .".: ,'rr" . ;c,. '-':8':'" ,,:..' ',.;'.';',::!:..', ,.'!, '.:' 1. ; .,\'" "1~'(~l"":\ ,I..., ,.,~, \~;,!':', ,::._."~~.""'~' .~l~'" ;.';"'\:.'"..,.....:':'. .,,"'.:,1.::" INTERROGATORY NO.1. state whether you or anyone acting in your behalf, including counsel, consulted with any person whom you expect to call and qualify as an expert at the time of trial and in connection therewith, state also: I a. The name and address of each person whom you expect to call as an expert witness at trial; b. The subject matter on which each such expert is expected to testify; c. The substance of the facts about which each such expert is alleged to have personal knowledge and based upon which, in whole or in part, the expert is expected to testify; d. The substance of the facts to be stated to the expert in hypothetical form and based upon which, in whole or in part, the expert is expected to testify; e. The substance of the opinions to which each such expert is expected to testify; f. A summary of the grounds for each opinion stated by each expert. PLEASE NOTE: If any of the persons identified in your answer to this interrogatory are experts retained in anticipation of litigation or for trial, such expert will be expected to separately sign an answer to interrogatory setting out the information requested above, all pursuant to Rule of Civil Procedure 125(a)(1). ANSWER: 7' t>> ,.~ .. -..,.-...- ..-- ;...."... ~ - ....~- .'~ :>~"t71':'.:: "~~/'.' "'~-~'" - ::'-', ,'" ': .::.::' >: ... " ''\.' ,'" .: I ., . If, I ,.. "", ,.,..., ..:, 1 I, ,,', " ' '! I, -"0; ., " ,:' '. I ......' I I ...... . \...... I' / ".".;. " , . \ -~ ( , _._'. ~ c( '. ':\.'...."..,.. . ( , -: I " INTERROGATORY NO.2. Please identify by name and address each and every person whom you expect to callas a witness to testify at the trial of this case. ANSWER: I ." () :. ,r'l::'t~"'''' 'G::,: ':,.-':' '",:':, ..,., ',.,,", . ' ,', 'f " " ., '.' "':"1"" .""" ." .,., ,'. '. .~ ~:"~:" '\.,'''',,~,'',,'' .l...... :',: .;'"...',' ,,' :','''::, ': .,j'\,; 'r",:~'~.,..,:' :.' , , I certify under penalty of perjury and pursuant to the laws of the state of ,Iowa that the preceding is true and correct to the best of my knowledge and belief. Date: By: I I ; I , I , I , , , I , , i I I I ! I I , I , I I I I I I , I , I I I , I ! , I I , ! I , I I I I I I J I I 1'~ I - - ........ "~,"- .......- ~.,:._, ':f'~'''''','' ,'t"':'".' ,. '.~-~,.',' '. ::~a", ,:.' ~...:. ',',.',:',:",-,.: ',:,-,::,-. ", ' ^.,. .... ". ,<. 'IC~ ,.', ", : . . . "..: .:" .,. . . ,:... .,' >' ';, t,. t" : ", ,...,.. " ,I' . :\: . . ",. ~,. l,'-"I'~""" " " ,,: , "-," ,', . ,.",. \ ,. " J. .', ,\ ',' , IN THE IOWA DISTRICT COURT FOR JOHNSON CO~~~~ STATE OF IOWA, ex rel., ) I IOWA DEPARTMENT OF ) NATURAL RESOURCES, 99AG23542 ) l Law No. 54672 Plaintiff, ) ) vs. l ANSWER OF DEFENDANT l CITY OF IOWA CITY CITY OF IOWA CITY, l l Defendant. l COMES NOW defendant city of Iowa City, and by way of answer to the petition respectfully states to the court as follows: Count I For answe~ to this count of the petition, the City states: 1. Admitted. 2. Admitted. . ,.,.,") " .' 4 I~'" jl'"i '''04' \"" ,,\o'9.~J Wf'\\\ 3. Admitted. CIT\' ATlORHEY'S OFFICE 4. Defendant admits that an inspection took place but denies that conditions were such as to constitute a violation of the statute or administrative orders. I I I ! I ! I I ! , ; I I I I I I I 5. Defendant adm~ts that an inspection took place but denies that conditions were such as to constitute a violation of the statute or administrative orders. 6. Defendant admits that an inspection took place but denies that conditions were such as to constitute a violation of the statute or administrative orders. 7. Defendant admits that an inspection took place but denies that conditions were such as to constitute a violation of the statute or administrative orders. ." fJ .._ .. ~'M~_ u ~ -_I ,"Al!I"iWI1JJr".~Irv.IJ._ YI !. .< .....'- -. ..-.....-...-~--- ..........., .............----... -- ...- , ". r --~,........- ..... "'T-'" ...... - -..... ".. ....',: ~t~I,..:":..t.~/.:.."".~~~.-:..<:'8...'. .~:. :.. :,,',,', ,.....' .' . .~. ~ " ., ,I.. ' . ,.' ".'" . , ;.' .'.1;....: ~ ,. ,'. \. ... ~ l :", J~ ... ','" ," .. .' ! . " ',. ,'. ..': . "'~'''''.. t~:i.: ,.\'~."" ':",.,..,... I {,", >'."':.., ',~',,""'. ~ . I " " . . "" - 2 - a . Denied. 9. Admitted. WHEREFORE, defendant respectfully requests that this count of the petition be dismissed at plaintiff's cost. Count II For answer to this count of the petition, the city states: 1. Defendant repleads its response to paragraphs 1 ~ 8 of Count I. 2. Admitted. 3. Denied. WHEREFORE, defendant respectfully requests that this count of the petition be dismissed at plaintiff's cost. I \ " .L, .,' ....--Jo n W. Haye - ' c... Hayek, ayek & Brown '. Bremer B ilding 120~~Ea t Washington street Iowa city, Iowa 52240 (319) 337-9606 ATTORNEY FOR DEFENDANT original: Copy To: Filed. Timothy D. Benton Assistant Attorney General Executive Hills East 1223 East Court Avenue Des Moines, Iowa 50319 \,='1:..,..;~reCf~ .,..,,,~. .,:,.t;-;'\nwiMOIltllb"otrAtJe ", ..:' .....,.4~ltt.lNtCOf'lf ... I'" ' '.' ; ....,~'. ,Ill"," cW'ttd trpOII .... . ~...., tJl...)I~ 01 &lpMlIt.. "'I.' ,.,..,:,~,..J5l'1~I1Ih'''''''' ~ .,,,,,'~l..: \."~'II"tolt3.wh~~ ~"\4~!'ItI".~d~"'UtdKWo'l'" tr-\I'(~4'~"'IVlOl'MltItl.'lIr\h 1...,r.~..i}'FJ:.J,&/'IfJtfd,~III11I1'''' . .....,.""U~.dl...""':;';{;;:.~1 . ,,,..,~I:t COY. .. ..., Ul....k .'- 1'6 -.--- -. "~.~--""-r ~ -- - ~,. V"" -r - ...' --. ,. , . .', ~./:...' '...t.....,..: '";" .~-' . ,.~' . ,,'" .... . ... ' :' :,", '" , , .f' t... :',,' ,: " ,:',' ' '. '.. ,: .... . ". ...... 'J ..l , I ,.....". ., , f"i". ~,..'. \ ., , , ,,' ,,,' . '..',; , . ........".,.,,....,., "~ ,'"J1,....' ,'," "" .',' " 1",_'<",."" I \' I .. , IN THE ~uprettW arUurt nf t4e lItttiteh ~tnte.a OCTOBER TERM, 1992 No. DEAN A, FITZGARRALD and PHYLLIS FlTZGARRALD, Petitioners, v. I I , I I THE CITY OF IOWA CITY, IOWA, and JOHNSON COUNTY, IOWA, Respwulents. Petition for Writ of Certiorari to the Supreme Court of IOl7a PETITION FOR WRIT OF CERTIORARI I OPINIONS BELOW The Iowa Supreme Court issued its final opinion in this case on November 25, 1992, a copy of which appears in the Appendix to this Petition at page 1a. The Novem- ber 25, 1992, opinion has not yet been reported. The Iowa Supreme Court issued its first opinion in this case on June 17, 1992, a copy of which appears in the Appendix to this Petition at page 59a. The June 17, 1992, opinion has not been reported. The Iowa Court of Appeals issued its opinion in this case on December 31, 1991, a copy of which appears in the Appendix to this Petition at page 49a. The December 31, 1991, opinion has not been reported. The Iowa District Court issued its opinion in this case on November 1, 1990, a copy of which appears in the "'d _.~, Wf'~" "... .,.- "....-- -- - ........-T ..........l- .---,,-- "':.: :. t-+1' <i"::-,': . . -:cb:". ':, IC!, .' ..', : J, \ : ';'..::;,." ", '..;' . - -' '.- -. r'~" "'(~'9" "":.~l" ," I"" " ,'.,l.' T.:7.~ ,~: ,!:,~\~)"l\:"'l~'., ""<"""". .." __:: ~." I ::. .'.",'.~ '-",: QUESTIONS PRESENTED 1. Whether Petitioner generated a fact question con- cerning her claim that flights directly on her property constitute a taking which requires just compensation under the fifth and fourteenth amendments to the the United States Constitution. 2. Whether Petitioner's Application for Limited Remand, concerning a possible prohibition against penetration of approach slopes, should have been granted to permit Petitioner to develop evidence on her claim that the Airport zoning ordinance constitutes a regulatory tak- ing which requires just compensation under the fifth and fourteenth amendments to the United States Constitution. (I) ", () -- ~' .,... ... ".. '__ - ,..-.--- ------~--.---- r-......-'f"~ ~- .....-r--'........ - ... -,.- ,:,,:., .t'~,' . ~l.../<,c "ti:~,: ~ .It.> ........; ::.:: ':':, ''::',' .'.'. ".l:.'''''~-,q';'' ll~l'" r,""':,.'" ,',' . ,:::,:,~-.....:o.'.':,'\~~',' <~~ .',\"I~':I :,.:~:. ' : J:<. .,. ~'.:' TABLE OF CONTENTS Page QUESTIONS PRESENTED ~'''''.'_''_'__''''''''~_''_' I TABLE OF AUTHORITIES.............................._........... Iv OPINIONS BELOW ....................~..................................... 1 JURISDICTION ............................................................_.., 2 CONSTITUTIONS AND STATUTES INVOLVED.... 2 STATEMENT OF THE CASE ..,............,........................ 4 REASONS FOR GRANTING THE WRIT ................ 13 PHYSICAL INVASION ................................................... 13 APPLICATION FOR LIMITED REMAND .........._....... 15 CONCLUSION ............................................,....................... 17 I (Ill) .,,() -----..~.--.....- ~':. '::'.'f ;;~"':~ 1:.,::.' :~z~: ~~.:, ' ;~",.,' '.,' ,',-::'~, ./..; '.,;-...;. ,,' \~',i:': " " ., : '. - ':r ,I ' >:. " :.. '> " >' , , ,'1, Iv TABLE OF AUTHORITIES Cases: Page Fitzgarrald v. City of Iowa City, No, 141/90.1845, slip op. (Iowa Nov. 25, 1992) ..._...............12, 14, 16, 17 Fitzgarrald v. City of Iowa City, No. 141/90.1845, . slip. op. (Iowa June 17, 1992) ............'....'............ 10,11 Fitzgarrald v. City of Iowa City, No, 1-486/90.1845 slip op. (Iowa Ct. App. Dec. 31, 1991) ...............9, 14, 15 Fitzgarrald v. City of Iowa City, No, 50400, slip op. (Iowa Dist, Ct, Nov. 1,1990) ................................ 7,8 Lucas v. South. Carolina Coastal Council, - U,S. -, 112 S,Ct, 2886 (1992) .............................14, 15,16 Nolan v. California Coastal Commission, 483 U,S. 825 (1987) .............................,..................'.............. 16 Penn Cent. Transp. Co, v, City of New York, 488 U.S. 104 (1976) ............,...................,...................... 13 United States v. Causby, 820 U.S. 756 (1940) ..,.... 14 Willia1ll80n Planning Comm'n v. Hamilton Banks, 473 U.S. 172 (1985) ........:........................,.............. 9 I Statutes, Regulations, and Ordinances: U.S, CONST. amend, V.................................................. 2 U.S. CONST. amend, XXIV..,................................,..,... 2 14 C,F,R. Part 77 (1989) ............................................. 4 IOWA CITY, MUNICIPAL CODE Article V, Section 4(d) (3) (1984) .............,..............................,......... 4,5,6 low A CITY , MUNICIPAL CODE Article V, Section 4:75 (d) (3) (1990) ................................................ 4,5,6 "'tJ - ... ~ , ~_lR'" ....1lIW- - ....lJIII1J:l....IIJl4.IIUR.. I I I , ~ I - .. ... -- ~, ~j i.~: :'t71,,,,:,,.,~..J::,,:.: ,.'-}1:.0:..::ifJ .:,....::' '''''. ,~"-:,' :,':.~ i..' :.:,:'. .', :~\. ,~:""r :,\'\:'~! '.~~~.-'-:'ib~"'i:. j ,"", ')"~ ':~. . . I ' , ;.. . '. . ':', -',', ' 2 Appendix to this Petition at page 42a. The November 1, 1990, opinion has not been reported. JURISDICTION The judgment of the Iowa Supreme Court was entered on November 25, 1992. A timely Petition for Rehearing was filed, and the Iowa Supreme Court denied the Peti- tion for Rehearing on December 23, 1992. The jurisdic- tion of this Court is invoked under 28 U,S,C. ~ 1257 (al. I I I I CONSTITUTIONS AND STATUTES INVOLVED This case involves the fifth and fourteenth amendment~ to the United States Constitution which respectively provide: fifth amendment No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases aris- ing in the land or naval forces, or in the Militia when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself nor deprived of life, liberty, or prop- erty, without due process of law; nor shall private 'property be taken for public use without just com. pensation. fourteentha1n6?Utrnent Section 1. All persons born Dr naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No state shall make Dr enforce any law which shall abridge the privileges or immu- nities of the citizens of the United States; nor shall any state deprive any person of life, liberty, or prop- erty without due process of law; nor deny to any per- son within its jurisdiction the equal protection of the laws, "1(, d .,..... - ----,;r--r.-__ ~.~.......,..- ....... ~ - '-r-- ___ ,~. ... ..... T - .... --r' '_ - ~ ~,.. :.~: . : (i ,'.-/ l71 '..,:,i';;{. ':"I.tU; . . ,,';,'~.,,\',:' '; .......>>:' " .[.f. ...f:- .' '" ~'.~r 'J.m " '. '. I. '" , !:,,\...,~~.. -~;~':""'\'~~" ".">'''';.I~ ,.or." 1",:", ,:~, 3 Section 2. Representatives shall be apportioned among the several States according to their respec- tive numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the Clloice of elec- tors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial Officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion to which the number of such male citizens shall bear to the whole number of male citizen~ twenty-one years of age in such State. Section 3. No person shall be a Senator or Repre- sentative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State Legislature or as an execu- tive 01' judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress . may by a vote of two-thirds of each House, remove such disability, Section 4, The validity of the public debt of the United States, authorized by law, including debts in- cUl'red for payment of pensions and bounties for service in suppressing insurrection and rebellion, shall not be questioned. But neither the United States nor any State shall assume 01' pay any debt 01' obligation incurred in aid of insurrection or re- bellion against the United States, 01' any claim for the loss of emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void. ,/Jd ~,~"', :fr.:.:,'.', (I':' ~,'b:,;. ..'!)n" ,':',', :~" ,.< >'. ',> ::. .:.. ,..')~....!\ '~';" \~~/ -,',:Jll ,::: "~C~ ',:. )I(,: ," ,',., . ,. > . ^ ,,:' I " ,~ I' '." " .': , " . J ~ 4 Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this Article. This case also involves the following regulations and municipal zoning ordinances: 14 C.F.R. Part 77 (1989), a copy of which is at. tached to the Appendix to this Petition at page 116a. IOWA CITY, IOWA, MUNICIPAL CODE, sections 84-3211, 90-3446, copies of which are attached to the Appendix of this Petition at page 74a. I STATEMENT OF THE CASE ' Petitioners (hereinafter "Fitzgarrald") own approxi- mately ten (10) acres of land adjacent to the Iowa City Municipal Airport. Fitzgarrald purchased her land in the 1940's and built a house thereon. When Fit2:!!arrald purchased the property, the Iowa City airport .was oper- ating at ita current location. Fitzgarrald also owns and operates a mobile home park on the property, The mobile home park has been a non-conforming use since respond- ent Johnson County ("the County") zoned Fitzgarrald's lsnd residential in 1960. Fitzgarrald's property is located near the end of one of the airport's runways (runway 6-24). In November 1984 respondent City of Iowa City ("the City") decided to expand airport operations and extend runway 6-24. To help facilitate airport expansion, the City and ths County in 1984 jointly adopted a zoning ordinance which enacted height and ,use restrictions on property surrounding the airport. The ordinance pre- vented structures from penetrating an "Approach Overlay Zone," which is a plane beginning 200 feet from the end of the runway and extending skywal'd at a slope of thirty- four horizontal feet (one vertical foot (34.1 slope)). With the initially proposed 1000-foot extension of runway 6-24, the appropriate "approach slope" penetrated Fitz- '1' fJ - ~~,. v ,.... ---,.--. .".--. ~ -- ... ..--~..~-....v ~-- ",> ':1, ,,*,, " <"".;" ,"',~. ,"".,< .::, '.....,: ::.. !'-' ,":"'1:\/;,;;. ,:." ':~<.....:,,' .}I' '61'\ ':'I".r"": \',:,:,. '" ..:,.... I: ~ .;. I 5 garrald's home and soms of their ground. Structures which already penetrated the approach slope or otherwise failed to conform to the ordinance were permitted to reo main unaltered as nonconforming uses. In August, 1986 the City initiated condemnation pro- ceedings to acquire 1.18 acres of Fitzgarrald's property for the runway extension, The award in that proceeding is a separate mstter on appeal. Fitzgarrald did, however, initiate a mandamus action to force the City to acquire an avigation easement over her property. In October, 1987 the City initiated such an action, but the action was voided by the District Court because the City could not identify what it purported to condemn, No further ac- tion has been taken by the City to acquire an avigation easement over Fitzgarrald's land. To date runway 6-24 has been extended 335 feet in- stead of the initially-proposed 1000 feet, and the 1984 joint City-County ordinance was amended accordingly. Under the amended ordinance, Fitzgarrald's house still penetrates 6.9 feet into the approach slope, Fitzgarrald's use of her property remains unchanged as a nonconform- ing use, The ordinance, even as amended, places the ma. jority of Fitzgarrald's property in a "clear overlay zone." Along with height restrictions, the "clear zone" has the following use restrictions: Use limitations, No use shall be permitted in the DeL zone in which there is connected therewith a building which according to the 1982 edition of Uni- form Building Code, has an occupancy rating of 50 square feet of floor area per 'person 01' less, In ad. dition, the following uses shall not be permitted: (a) Campgrounds (b) Fairgrounds (c) Hospitals and institutions (d) Motels and hotels (e) Nursing and custodial home 7'tJ I I I 1 f' , t t. " ~ I: , , I' I I I I I I I I , i , I i I I I y-. - .. .. .--- ,.\' ,... . _. ., c-- '., . , ,',' _.~~ ,"."".....r . '. 'f-.:cm .--t"'., f)':' -: ;"-:.1. ". ,. .'''' " : :',' ." .. . '" ",""1. ""'l~' ,. .\ . ",'\~ J......J.".,:~~~>..>." ,.../,' "!~; :>': ';: "., :~I~~' _.,', .>., ,'.~.' J::':"'~ I 6 (f) Residential uses (g) Restaurants and similar eating and drinking establishments (h) Sanitary landfills (i) Schools, including nurseries, pre-kindergartens and kindergartens (j) Stadiums (k) Storage of fuel or other hazardous materials (1) Theaters IOWA CITY, IOWA, MUNICIPAL CODE Article V, Section 4-75(d) (3) (1990) (app. p. 105a). Although exceptions and variances from the use limita- tions are allegedly permitted, while the case was on ap- peal, Fitzgarrald obtained a letter from the Federal Avia- tion Administration ("FAA") concerning its position on development which penetrates the approach slope. Fitz. garrald filed an Application for Limited Remand based on the FAA letter, and this will be discussed later. Fitzgarrald, on December 15, 1986, initiated this man- damus suit to force the City to institute condemnation proceedings concerning the land. Fitzgarrald amended the petition on April 1, 1988 to allege that a taking, in violation of the fifth amendment to the United States Constitution and Article I, Section 18 of the Iowa Consti- tution, had occurred by virtue of the imposition of the ordinance extension of runway 6.24 (regulatory taking) and use of the airport (physical invasion.) (Plaintiff's Amended Petition of 4/1/88 (app, at 13a)). Trial was held by the district court on August 7 and 8, 1990, Fitzgarrald presented evidence concel'l1ing the effect of airplanes flying directly over the property and ths diminished value of her property due to the enact- ment of the ordinance. Fitzgarrald testified that subsequent to the extension of runway 6-24, the noise from the air traffic increased ?'d I I --- ~:" .~~i~l' . ': \::t:,',.;:'" L:.: ',:~;.,'r,@~., ,:.': '.":: ::'~'.7:,:,"\, ,:.'~'.' ,:.\:: '. ,,,4~<. \~. ',:,. JB.. ,"',"'. ,.'\' .'". ' . : .,'-, ',' ,. -,'" ".' J " "'. ,I,' "..' " 7 and mobile home park tenants therefore left. Fitzgarrald related one incident where a large freight plane landing flew so low that the pilot could be seen from beneath the awning of a second-floor window of her home. Fitz- garrald also testified about how her house occasionally shook and vibrated when aircraft landed on runway 6-24. Bob Michelson, an engineer, testified concerning the economic impact of the City-County ordinance. Michel- son indicated that the ordinance had a substantial adverse impact on the value of Fitzgarrald's land. Michelson did not relate an exact dollar figure concerning the impact of the ordinance. The City and County presented evidence concerning the use of runway 6-24. Various pilots testified that they used the runway less and ignored recommended flight pat- terns which would go directly over Fitzgarrald's prop- erty. The pilot's agreed, however, that after the runway was extended, landing airplanes would fly closer to the Fitzgarrald property. The City and County also argued that Fitzgarrald's claim was premature since variances and exceptions to uss and height restrictions could be obtained, and Fitz- garrald had presented no development plan. Therefore, according to the City and County, Fitzgarrald's claim was not ripe for determination. The evidence shows that portions of the ground on the Fitzgarrald property pene- trate the approach slope mentioned earlier. On other portions of Fitzgarrald's land there exists between 8 and 30 feet of space before penetration of the approach slope. The court entered its ruIing on November 1, 1990, de- nied Fitzgal'rald a Writ of Mandamus and held that no "taking" occurred. Concerning Fitzgarrald's physical invasion taking claim, the court found that the traffic over the Fitzgarrald property did not increase due to the ex. tension of the runway, Fitzgarrald v. City of Irma City, No, 50400, slip op, at 9.10 (Dist. Ct. Iowa, Nov, 1, 1990) "d > ",.-.-----------.. ..~...-~, -y - - ._-~ -~ ,~ ~.. ......,..- ... ~":<;;':'.' t-::-/:.."'~"';"""'&l"" ",,'..:',':, '~-,':!;:'" ';..' ,FJ """, ',..,'.. " .'. , ,. :,;' (,': }~.f:J.-" ':"; ~},\" - ,.-:> ':".'1 .~ " .,' '.'l \)~._:". ..~::. : " " ", .:~ " 8 (app. at 42a) , The court noted that the prevailing winds in Johnson County were from the northwest, and runway 6.24 is not used under such conditions, ld. at 6. The court did not mention Fitzgarrald's testimony concerning tenants, the shaking of her house, or seeing a pilot from her home, The court also held that no regulatory taking occurred. The court based its decision on seven reasons: (1) The use Fitzgarrald made of the property both before and after the enactment of the ordinance is the same. (2) The airport was in existence when Fitzgarrald purchased the property. (3) Fitzgarrald has not contemplated a change in the use of the property. (4) The FAA controls the uses to which the property may be put. (5) The City and the County merely conformed to FAA regulations and the airport ordinance is no more restrictive than federal regulations. (6 ) Variances and exceptions to the federal and mu. nicipality restrictions are possible, (7) There has been no greater imposition on the Fitzgarrald property by the, 355 foot extension of the runway. ' ld, at 10. Based on the above, the court denied the relief requested by Fitzgarrald. Fitzgarrald filed a timely Notice of Appeal on Novem. bel' 30, 1990. Fitzgarrald appealed the district court's holding that no taking had occurred in violation of Fitz. garrald's fifth and fourteenth amendment right to just compensation, The Iowa Supreme Court transferred the case to the Iowa Court of Appeals, The court of appeals entered its decision on December 31, 1991 and denied re- lief to Fitzgarrald, although on grounds different from those cited by the district court. ,.,() I ..- ..... ---..... - -- .'~ ,......11'"...., ......"._ __.._ ". : t~l" ";;;l~/',' k> ":i!1!;'" .':'," ,," " '.-:- '; ,,>: :,:.' :.1;1' r "'J' -,; :~" ; "1>\/ ,,:' )"Tf:'. ;i;:'~r.:. ',' :_ ,.:, '/ I, - :' i".',' ~ < : "''<\'':''':''''',.>~\_' "~,' ';""'1" "~ t, ' . " '. " 'I L I,A '. , _ 9 . I , , f " , , r ~ , 1 ! I I I I I ! On de novo review, the court of appeals found that the airport ordinance constituted a taking. Fitzgarraldv. City of Iowa Gity, No. 1-436/90-1845, slip op. at 9 (Iowa Ct, App, Dec, 31, 1991) (app. p. 49a). The court based its decision on two grounds. First, the court noted that "extensive and repeated low flying caused annoyance to the plaintiffs." Id. at 8. Obviously the court believed a physical invasion of plaintiff's property had occurred. Second, the court noted that the land was in a prime loca- tion for development, and such development would be substantially curtailed by the height restriction. Id. The court stated that" [tlhe regulation is so onerous that it has the same effect as an appropriation of the property through eminent domain or physical possession. Id, at 9 (citing William.son Planning Ccrrnm'n v, Hamilton Bank, 473 U,S. 172, 186 (1985)), The court held, however, that Fitzgarrald was not entitled to a Writ of Mandamus. Id. 9-10. The reason given by the court was that Fitz. gimald continued to use the property as before and had not applied for a variance i the matter therefore, accord. ing to the court was not ripe for determination, Id, Fitzgarrald timely applied for further review to the Iowa Supreme Court on the failure of the court of appeals to issue a Writ of Mandamus despite finding a taking, and the City and County timely cross-appealed on the court of appeal's holding that the ordinance and physical invasion of Fitzgarrald's property constituted a taking, By order dated February 28, 1992, the Iowa Supreme Court granted both Fitzgarrald's and the City/County's Applications for Further Review. Fitzgarrald v. City of Iowa City, No, 90-1845 (Iowa Feb, 28, 1992) (order grsnting applica- tion for further review) (app. at 57a). Argument be. fore the Iowa Supreme Court was set for April 6, 1992. [d. On March 31, 1992 Fitzgarrald filed an Application for Limited Remand with the Iowa Supreme Court. The Ap- plication was flled after Fitzgarrald's counsel received a letter on March 24, 1992 from FAA officials conceming "'d -~~ .. I I .. I ~.\.,' .~;~:, '-: .,<,', -':. ,: 'lli'\'~""'" ',:>,,- <, ',~ ":1, ~:.~., " .~~,," ,t 1 . ,I, , L: 'I .' '., '. ,. " :..;. ;t;~"'?I'._~:'.I\;'~~~;' ". I :,,1;:1', .:; ,.;,' ,',',,' ,,',' ,,, ',:',1"" ',', ,<,':._~:,. 10 its (FAA) position on proposed structures which would penetrate the 34,1 approach slope, A copy of the Applica. tion For Limited Remand is attached to the appendix at page l47a. Fitzgarrald contended that the letter estab. Iished an FAA policy prohibiting any penetration of the 34.1 approach slope. Fitzgarrald asserted that the let. tel' showed that the FAA would not approve any pro- posed development which penetrated the 34.1 approach slope, and therefore the various and special exception portions of the City ICounty ordinance were meaningless. By order dated April 3, 1992, the Iowa Supreme Court agreed to hear :~rgument on the Application for Limited Remand with the argument on appeal. Fitzgarrald v. City of Iowa City, No, 90-1845 (Iowa April 3, 1992) (order allowing oral argument) (app, at 58a), The Iowa Supreme Court entered its first of two rul. ings on June 17, 1992. The court vacated the Court of Appeals decision and affirmed the district court. Fitz. garrald v. Imua City, No. 141/90.1845, slip op, at 15 (Iowa June 17, 1992 (app, p, 59al. The court held that no regulatory taking occurred by virtue of the enact. ment of the ordinance because most of the uses proscribed by the ordinance had been proscribed by previous zoning ordinances and FAA regulations. Id. at 8-11. The court noted that Fitzgarrald made the same use of her prop. erty before and after the enactment of the ordinance, The court also found significance in the fact that the under. lying county ordinance classified Fitzgarrald's property as residential, and according to the court, Fitzgarrald could not show a reasonable probability of getting the property rezoned, Id. Accordingly, the court found that Fitzgarrald's investment-backed expectation for the use of the land had not been frustrated, concluded that no regulatory taking occurred and affirmed tlie district court on this issue. I d. The court next considered the physical invasion claim. The court noted that a mandamus court need only deter. mine whether a factual issue exists that would permit a compensation commission or court on appeal to find an "~d --~,........."- "... --- ~--- I I , I I I I I , ! \ ! , ; \ I , j I ~ , I I I I i , - ... ..----......~- -". ..,.....-----~_____r_........ , - .. ....,.. -- ......-.- i::'~,:, j,;,:-,',,"',Li.' '""~;"'l"-: '," <<":-:.',;. .:::-c:=. -::-';;:,.'~;'\ \14;' ::':Il;], "":';:..-.'< :" .",' ',,',~,~ 11 intrusion that produced a measurable decrease in the property's market value, Id. at 11.15. The court also noted that, if any injury to market value is shown, there is no de minimus rule. Io. The court then held that Fitz- garrald's evidence on the physical invasion claim was in- sufficient to generate a fact question about whether the overflying aircraft produced a measurable decrease in property value. ld, The court noted that the record contained no evidence of either the frequency or altitudes of planes flying over Fitzgarrald's land. Id. The court then stated that the City and County presented evidence that planes were taking off and landing with the sams frequency or alti- tude before and after the runway extension. Io. The court did note the testimony of two pilots who indicated that planes fly lower over Fitzgarrald's property due to the runway extension, Io. The court also held that Fitzgarrald's testiinony was not sufficient to generate a fact question about a decrease in value due to low-flying aircraft, ld. Although Fitz- garrald testified that tenants left her mobile home park after the runway was extended, the court pointed to the fact that Fitzgarrald had no 'personal knowledge as to ths reason why. Id. Ths court also stated that Fitz- garrald's ,Ioss-of-value evidence was directed only at the regulatory taking claim and that no witness testified that overflying aircraft adversely affected the market value of Fitzgarrald's property, 10. at 15. The court concluded that no physical invasion oCcurred and affirmed the dis- trict court on this issue. Id. The court did not address Fitzgarrald's Application for Limited Remand in its June 17, 1992 ruling. On or about June 30, 1992 Fitzgarrald filed a timely Petition for Rehearing in the Iowa Supreme Court. Fitz- garrald claimed that the court failed to address the pend- ing Application for Limited Remand concerning the FAA letter about development which would penetrate the 34.1 ", (J -- ....-, - - '-r-". ,- .......... ~ ... ....... ... ~T- .. ::," " ...:, ' . : l~/~:' "'- '., ",' ,,' . "': ~J,t/~r-;; ,;\:.\171 .'., ;:~4"":"";~('1 '.~ . I" 1'- '\ . '. . . ,,' ;.,.. .' .,.".., , .' ,:. ',... 12 I , , I i ( i i , I approach slope. Fitzgarrald pointed out that, due to the height restrictions associated with the 34.1 approach slope and a possible FAA policy against any penetration thereof, the court should remand the case to permit the presentation of evidence about the letter from the FAA attached to the Application for Limited Remand. Fitz- garrald pointed out that if the letter means what it says (that the FAA would not permit penetration into the 34.1 approach slope), Fizgarrald could not develop her prop- erty even in conformance with the pre-existing County zoning ordinance (which zoned the Fitzgarrald property residential), and therefore a regulatory taking occurred. Fitzgarrald also pointed out that residential development is prohibited in the clear zone. By order dated July 17, 1992, the Iowa Supreme Court required the City and County to respond to the Petition for Rehearing. On October 2, 1992 the Iowa Supreme Court granted Fitz- garrald's Petition for Rehearing on all issues submitted to the court of appeals and withdrew its prior opinion dated June 17, 1992. Fitzgarrald v. City of Iowa City, No. 90-1845 (Iowa Oct. 2, 1992) (order granting peti- tion for rehearing) (app, at 7lal. The Iowa Supreme Court issued its final opinion on November 25, 1992, again affirming the district court and vacating the decision of the court of appeals. Fitzgal,'ald u, City of Icnua City, No. 141/90-1845, slip op. at 16 (Iowa Nov. 25, 1992) (app. p, 1a). The court again stated that Fitzgarrald failed to generate a fact question concerning the physical invasion claim and held that the court of appeals erred in concluding to the contrary. Id. at 12. Concerning the regulatory taking claim, the court, as in its previous opinion, noted that the use of the property had not changed, and the diminution of market value by virtue of the ordinance was insufficient to sup- port a finding that a regulatory taking occurred, [d. at 12.16. Again, the court did not address Fitzgarrald's Application for Limited Remand, .." (J :',' . "t~l~" , t~1 .; :'~L~': '; .~,(j .....::.. . :.: .~'+.. .:'~.:\ ",: ,". :.' :<:' ,.':- F'f', ::3" ,.'.". . ". , ':. ",'.', -v .'" - '..... '.,,~ ,1,~ '.. \ ',' t ~ . :-,' 1""-': l i-/, ,_ ,,' . " .., I . 13 \ On or about December 9, 1992 Fitzgarrald filed a sec- ond Petition f.or Rehearing based on the court's failure tc address the Application for Limited Remand, The court denied Fitzgarrald's Petition by order dated De- cember 23, 1992 (app, at 73a), REASONS FOR GRANTING THE WRIT This case involves Fitzgarrald's right to just compen- sation arising by virtue of the imposition of an airport ordinance, the extension of an airport runway and the use associated therewith. As previously stated and con- cerning Fitzgarrald's physical invasion claim, the Iowa Supreme Court held that Fitzgarrald failed to generate a fact question about whether the flights directly over her property could rise to the leve of a taking. The co;trt also denied Fitzgarrald's Application for Limited Remand to develop evidence concerning whether the FAA would un- der any circumstances permit penetration of the desig- nated approach slope. In making these determinations, the Iowa Supreme Court interpreted federal law in a manner inconsistent with prior decsions of this Court. Since the City and the County are currently debating further expansion of the airport in question, and numer. ous property owners in Iowa City and Johnson County, Iowa will be affected, this Court should grant certiorari to provide guidance as to the threshold of what consti. tutes a physical invasion from overhead flights. This Court should also grant certiorari to permit Fitzgarrald to determine the FAA's position concerning penetration of the designated approach slope. If the Court does so, the rights of property owners around the airport will be more clearly defined and recognized, i I I i PHYSICAL INVASION This Court has long held that a physical invasion by governmental authorities is a taking, E,g" Penn, Cent. Transp, Co, u. City of New York, 438 U,S. 104, 124 09781, This Court has al30 recognized that the noise 7'd " I .-- ~. .........~- . \, ..;., ':'..., ~-'. :".: f7-i";, ll'g'''' '.',',... .~: ...J, _", ' t,," :";' '. . 'f"'" '1 'I" . ',.,,'" ,~ ,', ',',,' ,..'. .. '. 4" . ; <c' " , :~ ": " '.' - 't"" '., ", ')1,., .. ,. ',', ,1 ',. t', .'. . "'I.,i " , ~ ',!~ . ," . 'l., Ie, \'IlIIft. . , :. , .,,' . ,"I,~: :", ~,"', f '~" ,') \":: ". . ,., . .' 14 and vibration associated with overflying aircraft may amount to a physical invasion. E,g., United States v. Causby, 320 U,S, 256, 261 (1946), When a physical invasion is shown, "no matter how small the intrusion, and no matter how weighty the public purpose behind it, we have required compensation," LuclI8 v. SClUlh Caro- lina CO/Ultal CClUncil, - U.S. -, -, 112 S,Ct. 2886, 2893 (1992), If a physical invasion is demon- strated, there is no de minimus rule. Id. By holding that Fitzgarrald failed to generate a fact question on the physical invasion claim, the Iowa Supreme Court held contrary to the above-cited precedent. As previously stated, Fitzgarrald testified that subse- quent to the extension of the runway, the noise from the air traffic increased and mobile home park tenants left. Fitzgarrald testified that her house occasionally shook when aircraft landed on the runway, Although the City and County presented evidence that planes were taking off and landing with the same frequency and, altitude before and after the runway extension, two pilots indi- cated that, due to the extension of the runway, aircraft passed over Fitzgarrald's land at lower attitudes. The result from lower overhead flights is obvious (increased noise and vibration). Despite the above testimony, the Iowa Supreme Court held that Fitzgarrald failed to generate a fact question on her physical invasion claim. Most significant to the Court, apparently, was Fitzgarrald's failure to have a witness testify that overflying aircraft adversely affected the market value of her property. See Fitzgarrald v, City of Iowa City, No, 141/90-1845, slip op, at 12 (Iowa Nov. 25, 1992) (app, at 1a), The COU1.t also noted that Fitzgarrald did not fix the frequency or regularity of overhead flights and could not say with certainty why tenants left after the runway was extended. Id, Paren- thetically, Fitzgarrald notes that the evidence apparently was sufficient to convince the Iowa Court of Appeals to hold that a physical invasion occurred, Fitzgarl'ald v, 7da~ ~ -~, v...............,........ .....-.- .. .. ..----...~- -.- ..,...,-------....r- --,- - ..... 'T - ... ........--- \ ":, . '7',' "'f~"'" . :~/': ",I'.."" '.' "<',:'., ...:', ..'. :".' , ,.t:),., , ,.1", ,.1, "', , "''''', ~!-".i.;,~J.>r:'\,"1~(:~_'<;""'l' ,"\', \( ::,', ,:,' ,.'~" .f', ,:\'" '," .~,~. 15 I City of [moa. City, No. 1-436/90-1845, slip op, at 9 (Iowa Ct, App. Dcc, 31, 1991\ (app. at 49a). Under the takings jurisprudence from this Court, Fitzgarrald did generate a fact question. As the Iowa Supreme Court noted, Fitzgarrald was not required to try her takings case before the mandamus court. Fitz- garrald's testimony concerning overhead flights establishes a physical invasion. The frequency and regularity thereof are matters to be heard in a condemnation proceeding and not the mandamus court, And while no witness testified that direct overhead flights caused a decrease in market value of Fitzgarrald's property, it stretches real- ity to argue that overhead flights could have any other effect. Most importantly, however, if a physical invasion is shown, there is no de minimus rule. L=, - U.S. -, 112 S.Ct. at 2893, Accordingly, since Fitzgarrald's testimony showed that overhead flights affected her prop- erty, the Iowa Supreme Court should have held that she generated a fact question about a physical invasion and granted her a writ of mandamus to determine the extent of the taking. The reasons the Iowa Supreme Court used to hold that Fitzgarrald failed to generate a fact ques- tion should not have been considered in the mandamus action but rather in a subsequent condemnation pro- ceeding. APPLICATION FOR LIMITED REMAND Fitzgarrald filed an Application for Limited Remand (app, p. 147a) prior to the April 6, 1992 argument before the Iowa Supreme Court. Fitzgarrald argued that new evidence, discovered after the Iowa Court of Appeals de. cision, existed concerning the FAA's position on permit- ting development which would penetrate the designated approach slope, Based on the new evidence, Fitzgarrald contends that the FAA will not permit new residential development permitted by existing county zoning which penetrates the approach slope; if true, this evidence would nullify the City and County'. argument that Fitzgarrald's 7'd \, ," I i I I I I i I i ! I i, . , I I. ~ I ~ , f t , I I I ...----~~ ......J.- ...... <,\' ': " ~,..., ,'~; ',,: ":~':" '14~'i",: ..- ::::. " ':".,:' ,,' ','':'.' : ' t ,,1,1..,"./, ";it~' '. . "', ' . , ~',: .....:.' I~~:.,~\: J;~:~:..::,.;~~.<' :', ';"~"l:":" " . ~..' ,';" '-" '.~ .'. . ';. 16 .. , j , I I I suit was premature, since Fitzgarrald would not be able to obtain a variance or special exception and penetrate the approach slope with potential development. The Iowa Supreme Court should have addressed Fitzgarrald's 'Ap- plication, and Fitzgarrald asks this Court to direct the Iowa Supreme Court to do so, This Court recognizes that where regulation deprives all economically beneficial or productive use of land, a taking occurs, Lucas, - U,S. -, 112 S. Ct. at 2893 i No/Ian v. CaliflYrllw' COOIIUU Ct>mmission, 483 U.S. 825, 834 (1987), The Iowa Supreme Court found it signifi- cant that Fitzgarrald still used her land in the same way before and after the imposition of the airport ordi- nance. Fitzgarra/d v, City of lo'wa City, No. 141/90-1845, slip op, at 14 (app, at 1a), While Fitzgerrald certainly still operates a mobile home park (the mobile home par!( is 6.35 acres) as a nonconforming use, the remaining 2.46 acres (Fitzgarrald's land is a 8.82 acre tract after con- demnation of the 1.18 acres mentioned earlier) have no economic value if the FAA will not permit penetration of the approach slope, The evidence shows that the gap between Fitzgarrald's land and the approach slope ranges fro'm 8 to 30 feet, Given the lack of space between the ground and the approach slope, any proposed develop- ment by Fitzgarrald would penetrate the approach slope. In other words, if the FAA will not permit penetration of the approach slope as Fitzgarrald contends is shown by the letter attached to her Application, Fitzgarrald can- not develop her land in accordance with the underlying residential zoning classification. The FAA's policy (ac- cording to its letter) eliminates the variance and special exception sections of the ordinance since the FAA will deny any variance or special exception which penetrates the approach slope, The ordinance, coupled with what Fitzgarrald contends to be FAA stated policy, deprives Fitzgarrald the economic use of approximately 2,46 acres of her land. The Iowa Supreme Court should have granted Fitzgarrald's Application for Limited Remand ?,~ . .-.;' v.... , I "...'..... .,,-.------_._-.--~. .....,.,.-....... ~ - - ._~ -- ,- . ---r-" ~-- -..- .,,.. i~ '>'f~l .,' ""':11'. .' :':--:/' . "'.zj ,', ..' :...' :,: :',~" >' ~-"., " ~,,". " ~ ':,1:" r<~': .,.... :::.:':1', ;'. : '~Z~i'" '-"" .' ''"J';'' ,::- :J': .', ~": " .\,..... I '1"_ .~ \1,' , """....-:0"',.,..."',,'Ij._ 17 to permit Fitzgarrald to determine FAA policy about penetration of the approach slope. Fitzgarrald asks this court to grant certiroari and direct the Iowa Supreme Court to do so. CONCLUSION Petitioner prays that a Writ of Certiorari issue from this honorable Court to review the judgment of the Iowa Supreme Court in Fitzgarrald v. City of I()Wa City, No, 141/90-1845, slip op. (Iowa Nov. 25, 1992) (app, at la), In the event that the Petition is granted, peti- tioner prays that the judgment of the court below be reversed, that the cause be remanded, and that the court below be directed to issue the Writ of Mandamus as prayed for in the petition. Respectfully submitted, WILLIAM L. MEARDoN Cou1I8el of Record MEARDON, SUEPPEL, DOWNER & HAYES P.L,C. 122 South Lhm Street Iowa City, Iowa 52240 (319) 338.9222 i I i I I i I I 1'e -~--r""" ...,.-.--. .. .. .------,..-~- .....r 1...... - - '-r- -~ ,.~ -. -..,.. _ V"- ':; :.~:-; 'j,+i:~~, ,;~l~/q~' '~;~l:'::: ,),til ~~'~'::, ',' ',:'~ . . :' /, :':' ,~~~~ '.:,:':i:'~~.' "',..:..':'3tl'~.'.J~;.",~,,,,.,'.., 0t.;,. ...., , "i' ..".., '. <':,,' 11 Heather Drive Iowa City, lowa52245 March 21, 1993 V ~/~ Parking ViolationsDivision CivicCenter 410 E, Washington Street Iowa City, Iowa 52240 I DearSirorMadam: Please note that I am paying this five dollarCtnewith reluctance, reservations, and concerns. I parked in the Old Capitol ramp on Monday, March 16 at approximately 8: IS AM, Noticing that there were no cars stopping, as Ihad, on the first level off of Capitol Street, I100ked behind me to seeasign that read No Parking unti11 0:00, I restarted my car and proceeded up the ramp to the "out" sign where I turned left to another parking level. I100ked around to see if there were any signs prohibiting parking on this level and seeing none, I parked near the steps that lead to the Old Capitol Mall, When I returned from my downtown business at 10:00, I had a parking violation ticket. I called your division to inquire why I was given anillegal parking ticket, The woman I talked to indicated that there were signs posted overhead on several levels where parkingwas prohibited unti110:00 AM, She noted that many drivers had missed the signs, as I had, since their concentration was on manuvering their car and not onlooking at signs that were posted overhead, She also noted that there had been "hundreds" of people such as myself who had parked in good faith only to Ctnd themselves ticketed for illegal parking, She stated that it w:\Snot the City's decision to limit parking or to monitortheramp and that I should call the Old Capitol Mall and complain since theywere responsible forthe signs and forthe policies, I called Old Capitol and talked to the General Manager only to be told that it was not their policy and that the City was responsibleforthe signs and policies, She indicated that the City had designated that particu1arramp forthe use of the customers of the Mall and that the parking restrictions were to allow for convenient parking spaces for Mall cuSlOmers when they opened for business, She did offer to pay my fine, but at this point the issue to me was not the five dollars, but policies, My concerns are: 1. It is my understanding that the ramp is a public parking ramp. As such, I object to the policy of restricting p~ to the top levels of the ramp to provide forthe convenience of the patrons of the Mall,1fthe ramp IS primarily for the use of Mall customers, as was indicated by !be General Manager of the Mall, then the corporation that ownsthe Mall should buy it, maintainit, and police itfor violations. Public monies should not be spent on policing public facilities for "private" purposes, If the Mall's employers wish to restrict their employees to parking on the top floors of the ramp to allow space for their Mall customers, that is their policy and the City should not be involved in policing it, Customers and clients of other downtown businesses should not be penalized and inconvenienced for using the ramp before the Mall's 10:00 AM opening hours, 2. The General Manager of the Mall indicated thatall day and lo~ term parking was an additional problem for their businesses as this limited parking spaces for the11' customers, It is my opinion that those people who chose to park there all day, and to pay the parking fees, have as much right to park anywhere in the ramp as a custoDler of the Mall. Perhaps the City could offer anincentive of a reduced monthly, weekly, or all day parking rate and restrict this type of parking to the upper levels of the ramp. 3. The ownership and responsibilitesforthe restricted parking policies of the ramp should be clarified between the City and the Mall so that taxpayers of Iowa Citywill be given direct and clear information aslo why such apolicyexists, Sincerely, ~._./jt/ ~~ cc. Karen Kubby lowaCityCouncilMember Bi1lAmbrisco IowaCityCounci1Member 7'1 - ,II.:", ......... ...........,..-.- ".-.-- \, :\ ; , I f \ I I I .. .. .---...~....., ,-~ ~ .~ ,.:\ "f:1':~': :. ::17/.' ~ ',"';;,',':At, ,",' , " .' , i, ". ~.-:i ..' '. ':,' ::,1',: ,r...~.. ,\I~,',/.:'\>t ~,.".:::={,: ' .....J.~' ' "..,'. :', .,:>:".',~> " ,~ " , . ',' , :' .. ~,&, CITY OF IOWA CITY March 31. 1993 PRESS RELEASE FOR FRIDAY. APRIL 2. 1993 PUBLICATION Contact Person: Jim Schoenfelder City Architect Phone No.: 356-5044 Weather permitting, starting Monday April 5, 1993 Washington Street between Gilbert and VanBuren in front of the Civic Center will be closed dailY during business hours (7 a.m. - 5 o.m.) for the next three weeks due to construction of the new Chauncey Swan Plaza Parking Facility. Please olan to use alternate routes of Iowa Avenue or Burlington Street during these hours. .10 !AST WASIIINOTON STR!!T .IOWA CITY, IOWA 5224001126' Ill.) )56"'000' FAX 1)1.) )56.5009 1';). I --'V""------....---.,.-~ ~\:', .,:~~~\. '::.t'rrY':'.,:'.':::/. ,'iCi.',,,".', :,:, ,',; '::':,::.'."".':;;" . ,~.~ rtt. ~'t:~I1J., ,",I... " !~~J. '1_'., '. ;,',;~ , 'e' I '," '~,' , , . 1,< , I,' , . ~ ~_ o,_,-='--:- .,' ~, MINUTES NEIGHBORHOOD OPEN SPACE PLAN COMMITTEE DECEMBER 21, 1992 - 7:00 P.M. PCO CONFERENCE ROOM, CIVIC CENTER MEMBERS PRESENT: MEMBERS ABSENT: Casay Cook, Dee Vandarhoef, John Watson, Ann Bovbjarg None STAFF PRESENT: Rockwall, Truablood, Bormann CALL TO ORDER: Chairparson Cook callad tha maating to ordar at 7:07 p,m. CONSIDERATION OF THE MINUTES OF THE NOVEMBER 23, 1992 MEETING: Bovbjarg noted on page thraa, paragraph fiva, line four, the phrase "critaria applias" should be changed to tha correct plural "criteria apply" so it is undarstood there is more than ona criterion for sita selection. The Committee accapted tha Novambar 23, 1992, minutas with Bovbjorg's correction noted. DISCUSSION OF IMPACT FEES AND IN.L1EU FEES: Bormann said the use of impact faas, in-lieu faas, and dadications evolved from a dasire to ensure that developars would shara the costs incurred by municipalitias in davaloping public improvemants, including parks. Municipalities bagan conditioning subdivision approval on tha developer dedicating land for public improvamants or paying cash in lieu of dadicating land. Recantly, municipalitias have been levying impact fees to ganarate revanua for public improvements. Impact faes, unlike In.liau feas which are assessed at tha tima of platting, are assessed when a building permit or cartificate of occupancy is issuad, Thus, impact faas apply to all new devalopment, not just subdivision developmant. In addition, impect faes purport to mora accurately corralate a development's impact and assessmant by basing the assessment on square footage or numbar of bedrooms per unit rather than on a percentaga of the developmant's acraage. Bormann said a municipality must have the authority to assess faas, Iowa City may have authority to assess fees under Saction 409A.8, Code of Iowa, although thara is a diffarence of opinion among com manta tors and some courts hava hald that in.lieu faas ara outside a city's authority undar similar laws, Amandmant 25 to the Iowa Constitution, which grants "Home Ruie" nowar to municipalities, appaars to provida adequata authority for imposing impact and in.li~u fees, Bormann said Impact feas must not be a disguisad tax, Stata law doas not authorize tha imposition of a tax on developers, Undar Iowa law, a tax Is a charge or lavy for ganaral public purposes while a fee is a charge imposed only as a paymant for a benefit conferred. No Iowa casas involve impact feaa. Thus, tha ordinanca must ba carefully drafted or the City may be challenged. She cited Eastern Divarsified Prooerties,lnc, v. Montaomarv Countv, a Maryland casa in which tha County lost a challange to its impact fee ordinance. Tha Court found that the dominant purpose of the impact feas was to raise ravanue, that e sufficient nexus was lacking because the impact area was too larga, and that thare waa no datermination that the Improvement was necessary, Rockwell seid one purposa of incorporating a ravised 7'3 J' ...', . - ..\ ';".. . ~ ' . " . . ( '. '. ~- '.' ...- .. ,- '- '.' ',' " , .' ,,\1 t .""",1"1 : '""",'-/" '';:11'" ....:',.: ',-':,' .,:.',.::....' y "';'~~"~).;:':':"1~::~"'::;~":;"': ' ,;,." ,:",::,:~ '. '. ': :~,':.{',~.';, ~:' Naighborhood Open Space Plan Committaa Dacember 21. 1992 Page 2 Naighborhood Opan Spece Plan narrativa in the Comprehensiva Plan was to address some of those issues. Bormann said that it is important to show that a certain numbar of homas createa a naad for a certain amount of opan space. Soma critical points to addrass are 1) the fea must be for a ban.efit confarrad, and 2) the funds must ba earmarked for and appliad to the specific purpose for which they are assessad, In response to a quastion regarding the use of impact faes for feasibility studias, Bormann said sha was unsure if the funds could lagally be usad for such studies. Bovbjarg said the funds probably couldn't be used for park maintananca, Bormann said thase types of fees are ganarally usad for land acquisition rather than maintenance. Bormann said other critical points to considar are that the funds must be kapt in a sa par ate account and that the funds must be used within a reasonable time, Rockwell asked if ona year would be considerad reasonabla. Bormann said five or six years may evan be considarad a reasonabla length of.tima. Vanderhoef said impact fees assessed on davelopmants in araas which already hava a great daal of developmant could be a problem be causa tha monay genarated from one or two davelopments would probably not yield enough money for land acquisition. Bormann said that was probably one reason why a longer period of time for using the money would be considered reasonable, In some casas, howevar, the city may be forcad to provida additional funds. Rockwell said it may be appropriate for hotal/motal tax monay to be usad in such cases. Trueblood said thara had baen soma discussion of using hotel/motel tax monay for opan space devalopment, not just for acquisition, Rockwall asked if the impact fea ordinance would includa general comments about the use of the money. Bormann said the ordinance will have to be spacific, but ganeral commants are acceptable now, for purposes of discussion. She said a davelopment plan is very important, Watson said as money is collacted, the developmant plan may have to ba changad. Rockwall said comments in the City's Comprahensive Plan could ba ganaral in nature; tha devalopment plan could be more detailed and amended as spacific situations changa, Bormann Bald tha cost of specific public improvements must ba known in order to datarmine the amount of the fee that should be assessed individual devalopars, The ordinanca itself will not spacify a doller amount but will contein a formula for datarmining tha fae, The City must decide which areas will have parks, which will have trails, and so on. Tha City can than make a genaral astimate of tha cost of building a park or trail of a certain size and the fea to davelopers would be assessed eccordingly, end in direct relationship to the size of the devalopment. Wetson said some areas do not have es much davelopmant as othara. He askad how the money collected would effact less developed eraes. Bormann said tha formula for assessments would ba beaed on tha numbar of rasidants in the aree. Bormann said a problem with creeting e formula for the asssssments was the difficulty in nailing down the spaciflc cost of public improvemants. The impact fee ordinance is more ausceptible to criticism and opposition from developers if it is not specific. Trueblood noted the impact fees ara ona option, but in.liau feas or dadications could also ba a way to creete open spaca. Bormann agreed, but said it may be batter to go with impact 7'3 -"':""''' .. I __ __ - .......------- -,.---.........- ~T~_ ...._, _ _ .~__ lI'" ~..,,. ... ---y .. -- .,~ --- ...T-.... ......-- ~':,.. "..~.~. ,:, '~'~ ,,':','~"; 'i~". ',.' ::- ';':'"I"'~' :'.',._~,,'.-", , ,'," "B "'~ .t-I'''''''' .,.'JI'''' "", " "''-'.~' '" ~,'f\,._' ".',.',::1 ",,~'.,''.,';(",,'' ,>1 " '.1', "",~<,,,~,",:\ '''': '_"~' ~t"f"\.)......" 'I' .' " .,'. I .,'. l , . _ .'~ \; .. ,.,,',-" '" ,:,' :-. ' . ~I, \' ,,' . ", . ..... . " , :- ' , " Naighborhood Opan Space Plan Committee Decamber 21,1992 Page 3 fees as opposed to in.liau faes. Truablood said if suitable land for dedication exists, the City should be able to accept that from developers. Bovbjerg said sha Iikas tha definitions of all three options. Cook said ha would be hesitant to give up any nagotiating lave raga tha City may have with developars. Bormann said the City Council would have to accapt any land proposed for dedication. Bovbjerg asked about existing arrangements whara devalopars establish escrow accounts for the building of sidewalks and other improvemants. Bormann said such public improvaments are different bacause the devalopers are obligated to construct thase improvaments and voluntarily escrow funds in order to racaiva building parmits prior to complation of thesa improvements, She said impact faes would not ba considarad voluntary. Cook thought escrow accounts astablishad as a condition of receiving a building permit ware not nacassarily voluntary. Bormann said the City's impact fee ordinance would have to satisfy tha following constitutional considerations: 1) Did the government have a public purposa for acting? 2) Are thesa means rationally ralated to public purpose? and 3) Is tha public loss greater than the private banefit? Opan space and parks ara ganerally considered to relata to the haalth, safety or genaral welfare and therefore a lagitimata public purposa, Bormann said the most important constitutional considaration is whather or not tha impact fees are rationally related to the public purpose, She said thare ara thraa tests which are used to determine whether the faes ara rationally ralatad:' 1) a uniquely attributable tast; 2) a raasonable relationship test; and 3) the rational nexus tast, She said there have been no cases in Iowa challenging impact faes, so thera is no Iowa pracadant on which to base the ordinence, Tha majority of municipalities throughout the Unitad States usa the rational nexus test. Under that test, fees must be rationally related to the naed for public infrastructure creatad by the development. Truablood said thare are publications which may show approximata costs of public improvements. Cook said land acquisition would be an added cost. Bormann said thare may be several sources which provide guidanca ragarding fair assessmants, Bormann said the fees must be related to the portion of new facilitias required by growth, The impact faes cannot be used to update existing facilitias or ramedy daficiancies, She raitarated that the fees must be earmarked for specific purposas and ba kapt in an account separata from other monies, Watson asked if the money could be usad to improve axisting parks if davalopmant in an area of town causes increased use of an axisting park, such as furthar developmant of southern Iowa City causing increased usage of Marcer Park. Bormann balieved such use of the monay would be ecceptable, as long as the money was used to expand the park in order to accommodate more usars. Bormann said the City must be able to argua that the improvements are nacassary due to growth. The monay could ba used to correct daficiancies caused by added growth, but only to the extent that growth.inducad neads excaed axisting daficiancias. Watson thought it would be naarly impossibla to detarmine how much of the cost was dua to current usage, and how much was dua to projacted usaga. Rockwall responded that the costs could be datarminad proportionally basad on existing and projected populations for an area. 7'3 I "y-. - ..--........... ':'~ ~.,~. "I~ '-i: ..,',;.... '.'./f~"'" '.:, ., .:-.'; .:. ','.:, t', . ,t .,., ,,1'1' ./:.,.., 'Ll.. . .,.., .. ,..., ".' ::n;:"I~.::~.,:,'{4.,~;.',.~e.':~"" ::';SJ"..:~'. . ",:-:,::'.' ".'. ;:"":..':. Noighborhood Opan Space Plan Committaa December 21, 1992 Page 4 Bormann said the third constitutional consideration would probably not provide grounds to challenge an open space impact faa. Sha said it would be difficull'for a developar to prove that a park or other opan space was not for the public banafit. , , Cook said the proposed ordinance would ba more dafansible if the Neighborhood Opan Space Plan is very strong, Bovbjarg said it should ba fairly simpla to collact information regarding the cost of developing opan space for various usas. Watson agraad, Truablood said actual casts vary a great deal. Rockwell said an averaga could ba datarmined. Bormann said it was not nacassary to determine actual faes at this point, but rathar to know that some sort of formula will be used to determina tha faa for davelopers on Bach individual davelopment. Bormann said evan if impact faas satisfy the substantiva dua procass raquiramants, the impact fee ordinance can be found invalid if it constitutes a ragulatory taking. Bormann raisad a number of specific quastions to considar ragarding tha Naighborhood Open Space Plan: 1. Can the specific proposal satisfy the rational nexus test? Bormann said the proposed Plan could probably satisfy that test. She suggasted tha first plan of action for craating green space would ba to start a trail systom in areas where thera is more of a need for green space, She cautionad that tha trails should lead somewhare and should eventually connact so that a system is craatad, 2. Can the City adaquately document the astimatad cost of acquiring and constructing needed opan spaca facilitias? 3. Can the City develop a formula which will detarmine the proportionate share of each development (the naad created by the naw development)? 4. Will the City be abla to usa the funds within a raasonable period of time? 5. Outlying subdivisions will also naad open space and that naed will hava to be addressad first. Will enough additional funds ba genaratad to make the trail system feasible? Some devalopers of thesa areas may need to dedicate land instaad of paying fees. Other monies may be needed to fund trail systam connections, 6. Will tha City have funds to expend for those sactions of tha trail systam which cannot be funded by tha impact fees due to tha lack of rational nexus or insufficiency of feas collectad? Bormann said thare should ba some commitmant from the City for other funds to be allocated for trail development. Rockwell said it may not be feasible to provide trail connections for evary park. Rockwall said the Committaa should also be ready to answer questions about the maintanance of scattered fragmants of the trail. Bovbjarg said fraternities, sororitias, scout, and other servica organizations may bo willing to halp with maintenance, i.e. an adopt.a-trail program. DISCUSSION OF AMENDED NEIGHBORHOOD OPEN SPACE PLAN NARRATIVE: Watson asked for clarification on page two regarding tha 13 "Neighborhood Park Service Areas." He said the 1978 Comprehensive Plan astablished 13 araas, and then' the 1989 Update "generally affirms that the goals and objectives of [1978] continue to be valid," He asked if the sama 13 areas were adopted as a part of the 1989 Plan, Rockweli said no, those "3 I ; l. i \ j i I I i <'" .~..'.: ,;;.: .'.,...:. ::.~., ',,' ,", "., 'I' .'c " . " " . ~ I.". I '., I ' "', . ' , . . .' . t.,l.:;. \:1,,1" .f2.'.;" I~ ..,,',,. " , '... .' ~"",:'~~l.' .r~.~':.:'::;:-i~~, i,' ,', .~~[ '":',1 .~J...: ~ :,::'\,:. ",,:.\ : (,;::~I_-. ,:,\. :<~ Neighborhood Opan Spaca Plan Committee Dacamber 21, 1992 Page 5 13 areas cover the entire City and the 1989 Plan dealt only with devaloping areas of the community. 80vbjerg said the statament indicatad concarn for providing opan space was nothing new. Watson said the last sentence of tha second paragraph should ba changed from "strategies. . . was never formally adoptad" to "strategies. . . were navar adoptad." , , Bovbjerg said on page two, the fourth paragraph, second sentence, should ba changed from "did not include downtown" to "did not consider downtown." Watson suggested anothar paragraph be added on page three, before the first full paragraph. Tha paragraph to ba inserted should raad: "Prsssure to orow bevond the City's existino boundaries has bean avident since comoletion of the wastewater treatmant facilities. As this orowth occurs, newlv acouirad Braes should be fullv incoroorated into this Plan. Thasa areas should ba olaced in axistino or newlv.created Naiohborhood Ooan Soaca Districts, Naiohborhood ooan soaca naads should be assessed and acouired." Watson said page five, sacond full paragraph, last santence, should be changad from "more than the formula providas for" to "more than tha formula allows." Thare was soma discussion of the corract way to defina the formula for tha amount of opan spaca naadad. Watson said the formula should read as 'follows: [(A x .65DU x PDUI + CPJ x 3/1000 . (SS + PSI = OSN It was dacided the following dafinitions should accompany tha formula: A = Number of acras DU = Dwelling units per acre (,65 . 65 parcent of maximum density allowed by Zoning Ordinance) PDU = Persons per dwalling unit (2,34 basad on 1990 Cans us) CP = Current population {from 1990 Cansus datal SS = School site (25 percant or 5 acres, whichevar is lass) PS = Park space up to 7 acres OSN = Open space needed Rockwell said Senior Planner Monica Moan suggested "3/1000" ba included in the definitions; "3 acres of ooan soace oer 1000 oarsons." Bovbjerg suggastad on page five, tha first full paragraph, last sentenca, be changed from "park, which is adjacant" to "park that is adjacent." Rockwall said Moen had suggasted that under "b. Area measuramants are taken to detarmine:" tha first bullet, "Acreage of existing devaloped araas," ba dalated from tha Plan, Watson said on page six, under itam 2, that", (f) above," ba changad to "(f. aboval" Bovbjerg said the "a." bafora the final paragreph should ba removad and the paragraph should not ba indentad bacause that is the only subparagraph. Watson said on paga nina, a caption should be included for tha origin of the mep . "Mml. below takan from 1978 Plan." Rockwell said an updated map showing the watarsheds would be used instead of the 1978 map. Watson said that would be preferable, Rockwell suggested the third sentence on page nine be changad from "a trail system could be developed, . , along waterways through the use of subdivision developmant impact fees" to "a trail system could ba daveloped . . , along waterways through 9IlbdiYisioo developmant "''3 -P"fJ""'" "........ ,,--.-- -.. ...~...- ......j- .....11. ".~',-' t-r'~ "I"'I"".~ ":C.f;.JVt' ~: .', "~ ,...,..',',~,~.._L :,,:l/ :,Zr" :"l~, '. . :)J:;I" '.;.<::':, :.:.: ,>" '.~.,':~: :::. : .':;:. .': Neighborhood Open Spece Plan Committee December 21,1992 Page 6 impact fees or rnandetorv dedications." Vanderhoaf said the next to last sentence should be changed from "fees. . . could be used" to "fees. . . should be used." . Watson said on page ten, under the category "Watersheds," the "River Corridor" should be called the "m River Corridor." Rockwell asked if the last sentence of the last paragraph should say "benefitting residents would be responsible for ~ maintenance." Watson said that sentence should be changed to "benefiting residents would .mm responsibility for maintenance. . , DEVELOPMENT OF PLAN PRESENTATION FORMAT: It was decided the Committee members would meet informelly prior to the next Plenning and Zoning Commission meeting to discuss the format of the presentation of the Neighborhood Open Space Plan. DEVELOPMENT OF SCHEDULE AND PUBLIC RELATIONS FOR NEIGHBORHOOD MEETINGS: Bovbjerg said Parent-Teacher Organizations may provide a good forum for the Plan presentation. Watson euggested the following locations: Horn School or West High for Clear Creek and Willow Creek Watersheds; Grant Wood School for Snyder Creek Watershed; Lucas School for Lower Ralston Creek Weterehed; Regina Educetion Center for Upper Ralston Creek Watershed; Longfellow Elementary for Ralston Creek Watershed; and the Iowa Memorial Union for the Iowa River Corridor Watershed. Cook and Vanderhoef will give presentations on Februery 22, 23, and 24, Bovbjarg and Watson will present the Plan on Februery 1 or 3, 9 or 11, end Merch 2 or 3, I NEXT MEETING DATE: It was decided that the next meeting would be held on Monday, January 25, 1993 at 7:00 p,m. [Editor's Note: Meeting canceled due to deferral of the Plan presentation to the City Council.! ADJOURNMENT: The meeting was adjourned et 9:42 p,m. Minutes submitted by Kati Kennedy Brown. nOI12.21,mn 7,a \ "':"':t'~"/ ,..::t'~/.":""tfI'';;'' ,.:::rl". .':",,,': >>''-:,.:' ,', ,-' ,,'-: ';,: !",' I ,; . ~ . .. ,', ' ,~tr,. '.,'.<' . '. " ,.,' .. , \. 'Il~.. , '. ., '," .' 1:',;,/,.~.:;:1_.>:....~~1';.:,"...~. .~\:'t~':' ).' " .~' ',:,:' '1':''; ,.1 :,' MINUTES NEIGHBORHOOD OPEN SPACE PLAN MEETING BOWERY, CITY HIGH, COLLEGE GREEN, LONGFELLOW & MARK 'TWAIN OPEN SPACE DISTRICTS FEBRUARY 9, 1992.7:00 P.M. LONGFELLOW ELEMENTARY SCHOOL {tj~..~"WJ ...-,JEj~/fltfl~ . I, "...... MEMBERS PRESENT: , STAFF PRESENT: Ann BovbJerg, John Watson Rockwell. Trueblood, Schreiber IOWA CITY NEIGHBORHOOD OPEN SPACE PLAN: Bovbjerg said the Neighborhood Open Space Committee had been working on updating the Neighborhood Open Space Plan for nearly one and a half years and was now ready for reactions and suggestions from City residents, BovbJerg defined neighborhood open space as active or passive. The Committee's study has not just encompassed Isolated parks, but also the movement between homes and parks or between parks, One goal Is to Incorporate the open space resources the City already has with consideration of natural flows, barriers, and green spaces, Watson explained the current Neighborhood Open Space Plan, which was adopted In 1987 as part of the City's Comprehensive Plan, only addresses developing areas, He said no ordinance was ever adopted to Implement the Neighborhood Open Space Plan, such as requiring developers and home builders to pay a fee or donate land on an equitable basis for neighborhood open space, Watson stated a major difference In the current update Is that it addresses the developed areas of the City; 14 additional districts have been added. He explained the rationale used for the Clustering of particular neighborhoods Into watersheds. He said the goal of the committee was to obtain a fair and predictable ordinance to Implement the Neighborhood Open Space Plan. An area resident asked, in terms of the acquisition of land for neighborhood open space, If already developed or developing neighborhoods were considered a priority. Watson replied the committee had not prioritized open space needs In that way. He said some developed areas have a serious deficit. but acquiring land for these neighborhoods was a function of land becoming available, Rockwell said the Committee had targeted areas with open space needs and hoped to be aggressive In obtaining land In these areas. She noted that the formula used may not accurately reflect the needs of all the neighborhoods, because of their demographic composition, She urged the residents to nole the comments for each neighborhood In the Plan. Trueblood said once the priorities have been established, It Is possible for them to change if land In a developed area becomes available, He added sometimes neighborhoods help create a priority by expressing a need or desire for a park area. In response to a question from an area resident, Watson explained the boundaries the Committee used to define Neighborhood Open Space Districts were major streets, rivers and railroad tracks. The goal was to keep areas small enough to allow pedestrian access to open spaces wllhln the neighborhood, BovbJerg said the Committee wanted to hear If the residents felt the boundaries were in the wrong place, One resident asked If Ihere was any Indication that the City will spend funds for parkland acquisition, Walson replied, wllh the Increased hoteVmotel tax, the fund had 7'3 .l"":"'."'~,/:",,:'~ '.J'\'~'" .,.::.:.... ",::.,," ,", ',I '~,.: ',:.\ " 'f. " .J",... "[],, ,QI'" '. ,..",.., "',,....,,' ;;.. ".'.:-;':;<g,< ;:~I~r:"; ',:;8J,>:,: ':; ::: ::,i,. :,'::;,:('::,"":;" Neighborhood Open Space - Longfellow February 9, 1993 Page 2 been split Into two funds: park development and park acquisition.' Bovbjerg said the fund will be used, but some land 15 very expensive and the best use of the funds must be determined, One resident asked If the City planned to be proactive or reactive In purchasing parkland, Trueblood replied the City Is become more proactive, Rockwell said the Plan would target ope,n space,needs, and energy and funding could be directed pro actively to those areas. She said a systematic approach 15 needed, Ultimately, the goal 15 to have an ordinance In place that will , allow the City to require developers to pay a fee or donate land for neighborhood open space In developing areas, This would allow parkland acquisition funds to be used primarily In deve!opsd areas. In response to a question as to how neighborhoods can get behind the proposed plan, Rockwell encouraged the neighbors to promote the open space needs of their neighborhood and to solicit support throughout the community to get the Plan approved by the City Council, One resident asked what the political reality was of the ordinance being passed, Watson replied the Committee felt this was a better Plan the one proposed In 1985. He said the City Council seemed more open to the Plan when It was presented to them informaily a few weeks ago, Bovbjerg said neighborhoods now tend to feel that open space adds or maintains value; however, neighborhoods recycle and the Plan must be flexible enough to meet the needs of changing neighborhoods. One resident noted there was a lot of open space for the children at area schools, but few areas for adults and the elderly. Rockwell said the Committee plans to work closely with the schools 50 that open spaces can be used by the whole community, It was noted that some school areas have 50 many organized sports activities, the space Is rarely available for neighborhood recreation. One resident asked If there was any notion of creating a system of Interlocking trails between neighborhoods, Watson replied that Is one goal of the plan If the land can be acquired to do so, Rockwell said If land along creeks cannot be acquired, another Idea being considered was to widen some sidewalks to serve as trail sections, An area resident noted that Plum Grove historic site Is a potential resource that Is highly under- utilized In his neighborhood, He said the site would be Ideal, because It Is centrally located and has a large open area that could serve as a park, One resident said her neighborhood defines alleys as Important green space also; she feels the ordinance should dlsailow alleys to be abandoned, because they provide an Important transportation network for bikes and walking, She also noted that the railroad Is under new management and Is willing to work with trail development proposals to reduce the hazards of foot traffic along the railroad, SUMMARY COMMENTS: The followlna summary comments were aenerated bv those In attendance: 'In terms ot trails, consider alleys and railroad rlghts.ot.way as potential resources, 7'3 .-,;''1"...... "......... V' - :'~ ':, .'i7l:', :':''1I',~,,:'kL::,,' ,;:'.(j" .:, '::\,.,':. :::' ',:..,', ;:,'.:: "I."'X'fl'J,:J1...r.,.:...IJ).... 11.0} .;-- ," t,. ',1,."'. f, . . t " , ~; :,' ~ ,',,~, . ). ',., ". " "i' . -: " (.". \',' Neighborhood Open Space. Longfellow Februarv 9, 1993 Page 3 'If a portion of the ADS land Is acquired, a more passr'G sattliig wliiioui kid amenities Is desired, 'Consl~er the possibility of cooperation across neighborhood boundaries for open space areas that benefit more than one neighborhood. 'Enco~rage the City to take a proactive stance In Identifying and acquiring property; Incorporate this type of language Into the text of the proposed Plan. , . 'Consider the use of purchasing options on land In developed areas for future purchase of parkland, 'Include guidelines In the Plan outlining ways for the City to work with the Individual neighborhoods on site selection and development to meet the needs of a particular neighborhood. 'Develop strategies to push towards passage of an ordinance to Implement the Neighborhood Open Space Plan. 'Pay attention to already developed areas; work towards redevelopment rather than deterioration. 'Contact the State to determine If they are amenable to the use of Plum Grove as a neighborhood park, 'Develop ways to Incorporate neighborhood volunteers who are willing to take on responsibility for maintenance, of parks, trails or passive open space, \ Minutes submitted by Nancy Schreiber ppdadmlnlmlnsl0209NOC,mln ." '3 " \ - . r.-__,. .....,.--....~ "'-'" -............-r-- ___,-~ _.. ... <',"~,:::;'.':, .:....-'~..,......./_':' ','. .,', ..,,'\ .' . t l' " I 'I' ill.' [2i!'" , . ' , " 'f.'",)":,',<~/:')+J/,:, .:j,~' ,:;". ': :,....>..'-:,~"'.:':: I ..) { "..,/V ! II r L . , lI. , I I i , , ! j I I , I I I ! i l .\ I i i , :rOlt4 :S.I-I-~v.: SIJC s('O' II ~'^.t~e.d' t-eaJe..,,_t.utltli J ,~J~ 5..1~ ~A~[; P.e N,~ W\,c. , ,fuhM& Ldk f,pJ~~~~JA ----,--,._---~~~q--~Ijtf , . , .-_...._'.'.'-..._.~'...,.. ',- ....-...... . .--.......---.-----.-----..--.-...-..-.-----.---.-.------.,.-..-. , --...---.--.--.-------._._....__._______.._.___.___________ ___...._...M___... .0. ._ .... ---' .--.... -........---....- -_.-...... .---,.--.--.-. --.---- ..---- "3 I :'><:'Lfl:' ::'.~'1,,:~ ::::CI/:::'ili; .:,' :-;,,', ":":', ,~ '~:: ,,- :<.. ::." '''''. f:', i ,-,.\1'.1,.., ,17~1'<1' .Ifn ~,' ',I.',' " ~', " ~" I.......)', ' .,e"-.'. ,,~, .', i"~~'"'l " 't. ~""" " ,:.' ~ .,. MINUTES NEIGHBORHOOD OPEN SPACE PLAN MEETING CLEAR CREEK, HUNTERS RUN, MELROSE/EMERALD, WEST HIGH AND WILLOW CREEK OPEN SPACE DISTRICTS FEBRUARY 22, 1993 . 7:00 P ,M, WEST HIGH SCHOOL MEMBERS PRESENT: STAFF PRESENT: Ann BovbJerg Rockwell, Trueblood, Schreiber DISCUSSION OF THE NEIGHBORHOOD OPEN SPACE PLAN: , . BovbJerg presented the basics of the proposed plan. Trueblood noted the possibility of installing a small amount of playground equipment at the south edge of the Dane tract. He sald passive open space Is envisioned for the majority of the area, Rockwell noted the City has public access easements from the development to the south of the Dane tract. SUMMARY COMMENTS: The following summary comments were generated by those In attendance: There should be better use of stormwater retention areas for open spaces. These areas should be moved out of Individual subdivisions, Work with nolghborhood associations or Infomlal neighborhood groups towards desired park development for each area, Residents of Hunters Run would like playground equipment In the undeveloped Hunters Run Park, Willow Creek area residents prefer the land donated to the City from John Dane to be developed as passive open space. They envision trails and prairie grass plantings. Residents expressed concern that the addition of playground equipment to the Dane tract would attract additional traffic from other areas, They envision a more passive area to suit the needs of the Immediate neighborhood. Residents noted playground equipment at Willow Creek Park Is close by and adequate trails exist for people to walk to that area. Before funds are spent to develop the Dane tract, the flood damage to Willow Creek Park should be repalred. Tralls developed In the area should be designed to survive changing water levels. Residents noted an abundance 01 wildlife In the Willow Creek neighborhood, They prefer open space planning that accommodates and encourages wildlife. Residents expressed concern that If the Dane tract Is left unattended for even one season, problems with weeds and erosion will occur. Minutes submitted by Nancy Schreiber ppdadmlnlmlnslnoc02.22,mln 7'3 1. I :;::":"~);l.~.,::,..i'fl:::. j,r,;; '. .', tl : '->:' ",' ,'/ .. ,'.,:-::.:'"..':;,-, J f ,J~"" ' 1::7:1, , '. l' '. I . , . , . '. ,~. ":'~" ".l.,~: . 1:~I'" ,,"., ,-:',",.' i i i ! ! i " r ( l i , , , ! I I I I ~ '. Wi l\~ C~G'7IC\=(' C~~~ ;l,/;l,-+-""l.3 n't)h bc,.-hood OFcn ::::'f"'"=- r<Jec.hj , .{!/A. .--!?fJG -~--~. '. -:,..~>{j~ ~.... ___._........_......,..../L...._ ,., . ..,.. ..... ........ ~~, .~c....tfJtJ~r<.....,..,...JS'T1).-CAt ,..D g,i..u~,............ . _PfJi,J)/fLJp.'dt ...._.... _" ~o...35. ..,fJ6e,Y,.flv~.. X4.... ..,.. , .(A:t'7'd~~,... _J:-/~~i5/t~ a, .... .. j,j€!L.l?~tVlf/.l::-.r.c....._.../.'Ip...~..3u.Rfi-'t A ;[..e-,., .. .~~, _ ~ ....,...,_....,...~~O.=...lt.k.t( ~ .ve ,..,s.c.'...,.. ._' ._ ..PJ/.Z!fL.~t~.....,_...._, .t/,q~.._.._~_,~L...lh. ... .. ...... u.....,.. .... .1?~1-'. ,EJIYf..t ' .._" __, .! 3.?:t,_.~jlttl'o.t./".5-_... mO, --., ... 4~~v5 ' . 1j1;~ ~k~d .:r::o(/ G-./"'A ~ (1A I J..E..I _" .' II I' I I i ,. .. ~.--,-~..~-...,. -., ..... .... ....-. .".-....--.. --- . -, .. .. .. .....".. ....-. ,.... .,." ..-....-.. ....... ......... ..... .. ....-..._.._...-.._...._....~......_..._. .......-... .... ...-..-. -- . _...~.~....... _.. ...... .. .....,... .- ....... ...- .. ...... . ......-.... .?,.g ---r.:'v....... -----...."... -- v---- .. ... .........-T , r '..::.:J.." _" I,' , ' , " ti- <' ,- ...,..... ' -/ .'." ,1:. ::ll......: ttf",,:.ifF:-': :. :;.:.,i:.:, ':,,,::'< .,.... :\.~.. ':~"""" \~'.~3 :'I"~' .;:7--:l~', '~..:.-:~~:, -\,},'<, ",~:' '\"_""':" MINUTES NEIGHBORHOOD OPEN SPACE PLAN MEETING BROOKLAND/ROOSEVELT, CITY PARK, DUBUQUE ROAD, FOSTER ROAD, MAYFLOWER/SHIMEK, MILLER/ORCHARD AND NEAR SOUTHSIDE OPEN SPACE DISTRICTS FEBRUARY 23, 1993 - 7:00 P,M. ROOSEVELT ELEMENTARY SCHOOL MEM~ERS PRESENT: STAFF PRESENT: Cesey Cook, Dee Venderhoef Rockwell, Trusblood, Mason PRESENTATION OF NEIGHBORHOOD OPEN SPACE PLAN: Cook thenked the neighbors for coming to find out whet the Neighborhood Open Spece Plen means to them. He axplained that four people, he and Ann Bovbjerg (Planning end Zoning Commission) and Dee Venderhoef end John Watson (Perks and Recreation Commissionl had been working together on a Neighborhood Open Space system since October 1991, Cook also s,aid they have hed tremendous help from staff personnel Rockwell and Trueblood. Cook then outlined severel mejor principles, 1, The need for an open spece system that will grow as the City grows; that will be set up so parks will be provided automatically, 2. The Plan should provide for a wey to shere open spece costs equitably. 3. The Plan seeks to balance active recreetion interests (pleygrounds) with more passive activitias (greenbelts and creeks), I 4, The Plen calls for implementation of a mechanism so the open spece system automatically gets paid for. 5, The Plan seeks to balance open space needs with the need for affordable housing. Cook then referrad to the watershad map, which clusters the neighborhoods. He discussad in deteil how the plen would connect all parks end schools through a treil system, He said the idea needs to become part of a Comprehensive PI en approved by the City Council. An ordinance will be naeded to implement the Plan, so new development will provide land or pay a fea for the provision of neighborhood open space, The key issue is to esteblish a rational nexus to meat lagal guidelines, The provision of open space will add velue to the surrounding residential ereas. Venderhoef then discussed the acquisition of neighborhood perks. She mentioned the high cost of land, defeated bond issues and the money the Parks and Recreation Department gets from the hotel/motel tax, She seld the Committee was interested in talking to the neighborhoods in an effort to get their input. Rockwell suggested the neighbors look for thair specific neighborhood in the comments section of the Neighborhood Open Space Plan, 1'3 - -" "'.. --Y-" y--- _ r~. ......,,._~...... ;:~ ':,,;@' .',,: ,::,.t!/;/.~tt1""':" :'/~' ::'.,'.,,- . :',:~ ;': ",':.;.:,::\:;:\ , .,'. " ", ,,. I . "," , .r,' """ ~",'~'<"'" I' , :!J ' _'~', ' '., '.~, ',' :" ., ./" .j"."'\.~'>' ..~, .,)., , .' Naighborho,od Opan Space Plan Meeting February 23, 1993 Paga 2 DISCUSSION OF SPECIFIC NEIGHBORHOOD CONCERNS: Severa,l naighbors asked questions about araas in thair naighborhood. They exprassed their feeling that the Planning and Zoning Commission could do a lot more than thay had to provide open space for the Miller/Orchard neighborhood. One parson suggested looking into trada.off opportunities. Another askad if tha trails would be developed for all uses: bikes, walking, roller 'blades, etc. Cook said yes, that the City would try to gat ISTEA funding for trail development. The Committee ia recommending that the City continue to werk with tha Univarsity on trail development, Specific araas discussed were 10 acras south of Willow Craek Park, the cornar of Miller and Banton Street. land at the wast end of Benton Straet, Melrose Pond and strip of land across from Carousel Motors, Charlie Ruppart discussed the strip of land in the context of trading open space/parkland on tha interior of hia proparty for an expansion of the commarclal area along Highwey 1. Vanderhoaf requested the neighbors to notify the Parks and Racreation Commission of any property for sale that thay feel could be used for a naighborhood park, She suggastad thay call Tarry Truablood, Parks and Recraation Dapartment Director, In answar to a quastion of timing, Rockwell stated an ordinance would probably not be raady for considaration until next fall. She said tha Committee hopes to presant the nawly drafted Naighborhood Open Space saction of the Comprahansive Plan to the City Council by April- May, 1993. Cook said Ideally he'd like to see the ordinance implemanting tha Plan done and in place by January 1994. I One of the neighbors said ha felt tha character of tha naighborhood was important. He questioned the emphasis on trails. For the Dubuque Road Open Spaca District, there ware plenty of places to walk. He asked tha Committae to considar tha need for ball playing areas along with swing sets in small, open parks, Rockwell stressad that the main focus of the Plan is for active uaebla and accassibla opan space within tha naighborhoods. The naighborhood park is the main focus, although Iinkaga of those park areas is emphasized in tha Plan as wall, In answer to a concern that trails would be relegatad to tha bottom of tha list, Truablood said the typa of opan space would vary from naighborhood to neighborhood according to need. The Plan will help to establish priorities. Rockwell suggestad that it could be considered a two. prong approach, ADJOURNMENT: Tha meeting adjournad at 8:30 p.m. Minutes submittad by Rosemary Mason. nod.23.rrin "3 -....~l-toIl11,m -,.. r -_. , I ~~' :," t71',::"'rf,.,<: Jzi,;':.., :t~li .":"." ", .-' :.~.;..'" . ~"":'~':::' .: .,.r. .'~J".. _ ,i:Fl., ,,.' , . . . :"",,/ " , ,'"......., , _,~, e, ~,I" . '. ','" "" 'n 10€.\6-H 6ore..H-oOD Ofe.10 :5f'Prc.e. f'L.1"rl\J ~ 'R005E:.I.J€.Lt\ €.L.E.'{Y\~~Y Sc..t+oOL.. ~re.uA-re..y .;1.3,1 I 9 9.3 ,~nd~:=r .... .. ,..: ..13i II.. 80SS ....,..,..... ...... .. ... ..,c:.ho.l"'1 i cz:..lC.u PPQ;.d:':-:--. . ,So.I3..Di<r;t'.ks.., ., ....J~o.n ~oW:::..., .... ..,.....e:s.+h~c______.,' .... ".. ", . _......e.\ m.<Z.r":'._....,...... _......._....,.. ~~.bl"'~c:J,-J--... ..... . .,r<:;\'c..k,.,"fy ~l/: .,. . --...,-"--~5~~'..:.. .I .. .....~.~... '. .. . -,... '. ....... ...,- -..--..-. .-...... . ,. 'II, J .,1. ',: 1','. ....f~' .', ';"~""":, . '.',,' ..' " ...,' '.-, ..' ,:.: ";::"'.,: "t,l' .,' I', . . 'I ' ., ..'. , i:,:::~,~,',}';'),.,';"..~k,<~~, ,:;',..J,:~:,~. ,'.':~. :', ,,:,,:: ~'.:' '.- MINUTES NEIGHBORHOOD OPEN SPACE PLAN MEETING GRANT WOOD AND WETHERBY OPEN SPACE DISTRICTS . FEBRUARY 24,1993.7:00 P,M, GRANT WOOD ELEMENTARY SCHOOL MEMBERS PRESENT: Casey Cook, Dee Vanderhoef STAFF PRESENT: Rockwell, Trueblood, Schreiber DISCUSSION OF THE NEIGHBORHOOD OPEN SPACE PLAN: Cook said the Neighborhood Open Space Plan Committee has been working on the Plan since October 1991. He listed the four goals of the Committee as: developing a plan that grows as the community grows; developing a way to apportion the costs of new parks equitably; balancing passive space with active space; and providing a mechanism for funding parkland acquisition and development. Cook explained the rationale behind linking neighborhood by watersheds, He said the Idea Is to use trails to link parks and schools within neighborhoods along watersheds. The trails could provide a filter strip between developments and streams, He noted government funding Is available for providing safe transportation corridors, and these corridors can be used for recreational purposes. Cook explained the possibility of creating a loop system with trails and widened sidewalks that would link Napoleon Park, Grant Wood School, Wetherby Park, and then run south to the sewage treatment plant. I In response to a question regarding the regulation of wetlands, Rockwell explained the current regulations prohibit filling or dredging, Cook noted the City cO,uld control the 1I0w of stormwater Into the wetlands If such lands are dedicated to the City. Several area residents expressed enthusiasm for the proposed linked trail system. Cook noted there Is a lot of undeveloped land between Napoleon and Wetherby Parks; If a concept plan Is In place, development of that area could be designed to accommodate a trail system, Trueblood asked If the residents were Interested In a park being developed near the south sewage treatment plant where the proposed trails would lead. Residents replied they would like to see a park In that area, An area resident asked about the possibility of developing a park on a small piece of vacant land by lakeside Apartments. Cook replied that because that particular land has Highway 6 frontage, It Is more valuable as a commercial site for developers. He said one goal of the proposed Open Space Plan Is to develop open space areas on property that Is not well suited for other purposes, SUMMARY COMMENTS: The following summary comments were generated by those In attendance: Residents expressed a lot of enthusiasm for the proposed linked trail system, "3 ::'; :.. c1' ".,::.: 17,:.;', .~( ";<;S":" .',,'~: ::'" "',,:.', :>,.",:, ~,\ '\,' Ii:;.:. ,;~: ;'..)~.., ',', 217l,",,' ~~; i ,':: ':'.. ~.'~ '1 ';;,:: ',,', ,:.'~. ',. :: ~.: Open Space Meeting February 24, 1993 Page 2 ,. ~ , (~ i " (, l I , ! 'Conslder the Idea 01 linking the Wetherby/Grant Wood area to Mercer Park via a loot bridge across Highway 6, since that access is already needed lor children and adults because 01 the heavy traHlc on Highway 6. Care should be laken to ensure the preservation 01 the Whispering Meadows wetlands through proper regulation by the City, ~! ,., Minutes submitted by Nancy Schreiber' ppdadm!n'mlIls'NOC02.24.min I "3 I ~ ... -- ." :.~ ':":'~\ ,':,~"',,' :'~'-';"::~~~RI';""\: " ", .',.. ,:'.~ ',t,'-":", :,;." '\ .' '. '- '. \ 'I I ", c- .' i', ~ fl. J:/.., '.'.~" ,"\-.,: ," ..' '.. " "'.. .'. . 1 ,.....,.,....,.:.,.(~:..'.,'\'.. . I' '. !: ~ - ;).4-- q.3 G-rol"l+- Wood - Wd-h'l:.l"'~ r)~t)hbo( hood Open s'po.c:c:. ...." --.-- .---...--. -.--...... "-'-- [Vl eG ~......_...:.._.__.... ..... .... _.....:_.h. '_'''_n ._,.... . ~~~2if1L=:==~~==::~- -p-:-~ ."" ,\( A"~_ _ _ ...___.__,...__...__,.. .......__....... ...._-----,.._-.~.._----- - .n'_~,_:():...d-.<..,:~_.._._....._.._..._....__,..._,_....., .,.. __m.... ..,... ,... ....7!J,~ _~___.... _.__.., ..,....... ............. ........ ,...., ......_ ..,....'......' _. ~~,..I!~-..._..__.__'_n......__..._...._.._.... _.._,......,__,......__,..,. '. ., .._------_......_-.__.._....-..~ ..,. .---. ..-. -..-.------. _..... ..... 'h'~'___,."".,._______,,__,___.____,._,_~._ _...._._. "-'" ......,...._._..._---_.~..__..... ..- .-..-.- ........ ._....._._..~... .--------..--...... ........ .. . ..... -. ~.__.._.._..__........-._.., ...~-._..__. -..-...--.-.... ...._._.__.~._~ ...... .-.- . ...... ....~.__......_-,................ I I l i I ....~......_. ._..__._...._-_.-._--~._-~-._-_...__.-.._....._. _..~... ..-....... . ~ . ...............-------.- ..... . .. ._.-....~.._-_.._.__..._----_.~_....__.._--_. ._........_....~._. . ........ '-'___..__.... .M_.... .....-...........----.-.-.,.. --.-..-...-....-..... -.-.....-- --... .. . ._-.' ---...._.,~_.-.... ...~.~.... ....... ~...... ..--..-..... . . _.-..._~.. ._...~.._... - ...--. ~_. ...... ._,- -.. '.'-"-'-~~-' ... ..... _. .,--_......_~.~.-. ...-.------.-..- ......-...-..-.. --..-...-. .. ..".- --......---......-.-.....-..-.-------....-. '."" .... '..---.. .....,..... .-. .... '...'-- ...-...-.. .__._----_._._...._..__._-~-_.-.__........ -..... .... .....____...._u.._...... .. . ......-..... ....................---...--.. '.' . ....-.....--.....-.--..--.-... .. .-..-.-........ -.-.......-.....-.-.-..----.-.- --.~_.... -.-.....-, .. ......- . -o. - ......_. _. , , ..... .....~ _._____. ..: ....--..... . ~~,. ...--..-.-..-.-.- . ....,. '" .. ....--. ...~.____...... '~n. ._.. __....__.._. "'3 I ........--------.. ........ ~T__..... ~_ ...........~ :::.:;:":t;(,::~1tJ,'..:, ~..br, ,::::Cl .: ".' ',,"::, . ,;:: ~:; ,"..' t ,"'1 I.Lf' ,,' r~f' " ~:8I ',.~".'~.,;." .,.' , " " ~ " ,.".., .\.'_;:\....,.~.I>:\r'~'J',<,~llli:\ 1,",\1 ~\ :,:,1,: ,:.,,',.\",~ :t~:,f",_ .'.!'..: j MINUTES NEIGHBORHOOD OPEN SPACE PLAN MEETING COURT Hill/lUCAS, PHEASANT Hlll/lEMME AND VilLAGE GREEN OPEN SPACE DISTRICTS WEDN~SDAY, MARCH 3,1993 - 7:00 P.M. SOUTH EAST JUNIOR HIGH MEMBERS PRESENT: Ann Bovbjarg, John Watson STAFF PRESENT: Rockwell, Trueblood, Mason Bovbjarg openad the meeting by welcoming the neighbors, Gary Nagle introducad himself as the Presidant and representative of the Village Graen Homaownars Association. Ha said the association has been talking to the Planning and Zoning Commission, Parka and Racreation Commission, the City Council and the County Board of Suparvisors on diffarent issues ragarding open space in the Village Graen devalopmant. Rockwall mantionad that tha City had raceived a 174.lot praliminary plat for an area called Villaga Grean South, located adjacent to the railroad and to Scott Boulavard, and south of Village Green Subdivision. Bovbjarg explained the Neighborhood Opan Space Plan Committea's work to gat opan spaca considered for the entire community as part of the Comprahensive Plan, The goal is to provide neighborhood park areas for families, Sha said the Committee looked at the City in terms of neighborhoods and then clustared tha naighborhoods into watersheds, Their next step was to go out to the neighborhoods and ask paople about thair opan spaca concerns. Watson said that part of the Plan was adoptad in 1987, but it only addressed the developing areas, The Committee has now lookad at the rest of tha City and how the opan space naads all fit togathar. The next step would be to draft an ordinanca to implamant the Plan, Watson said the Committee haa triad to build flexibility into the Plan so the faaturas of tha Plan fit the cheracteristlcs of each neighborhood. Trails and bike paths for Iinkagas are encouragad. Watson raferred to the formula usad to detarmina tha nead for open space. He idantifiad Marcer Park as more of a community park than a naighborhood park, locationally, there is a deficit in the Village Grean area. In answer to a question about the open spaca being offerad by the Villaga Green South developer along Scott Boulevard, Rockwell said it was primarily a stormweter management area. Bovbjerg noted the current problam is that until thare is an open space ordinance, the builder is not obligated to contribute open space, Nagle asked what the process was to get somathing done; especially since without an ordinance, the City has no jurisdiction to obtain opan spaca, Rockwall said the Committaa hoped to get the Plan approved by the City Council this yaar, Watson said the Committee is trying to get an open space ordinanca enactad so that as davalopmant occurs, an impact fae can be paid by the developer, or the developar can donate land, If that is appropriate, Fees would go toward opan space developmant or land purchases, Nagle expressad concarn about davalopers opting to pay tha fee rathar than donate land with the result that dollars are accumulated, but no parkland is reserved, Nagle displayed a map of the axisting Village Graen development with 222 homeowners, He then pointed to Part 12, which is to be developed within five to ten yaars. The existing area has seven to eight acres of green space within cui de sacs; shared through the use of "3 , 1<:',;,' i t'ti :.:-:, l:I!:,:: :"Ct::"'"Ci' ;,::.~,:' :'::,,;',::'; ',' ': ::: ':':,' :..,:::":..,:' ,,' " ,f2l1 .' ,J~,,_.: ~71, c ,~ZJ,' ,", t.,; , '. " ;': ',....1. , I'i' .' .. . ". ~ '.' , . ,. .... " Neighborhood Open Spece Committee Merch 3, 1993 pege ~ connecting paths. Nagle went on to sey that in the original plans; the developer indicated a centralized recreation area; a village green concept. The Village Green Association would like to talk,to the City about developing a central erea within the Village Green Subdivision as a park. He suggested using City funds to acquire the land end allsied for ins Associetion to fuliy maintain it. Trueblood told Nagle that the offer of tha Association to meintain the area was an important consideration, Watson expressed reservetions about the City expending monias in this erea when other neighborhoods have significant open space deficits. Rockwell advised Nagle to have the Village Grean Homeowners Association initiate the projact. The City could write a letter of support, but it was unlikely to expend monies acquiring parkland in an area where it was anticipated developers would be donating lend to the City. Rockwell then requested the support of citizens to get the Neighborhood Open Space' PI en approved, eo work on the ordinance can begin, ADJOURNMENT: The meeting adjourned at 9:30 p,m. Minutes submitted by Rosemary Mason, n0t303.rrin I "3 I ";'" " f~I.:'" "f'I~/:": '; ~-' ,. <... '. ,: . c. " :' "" : - . ..., ,,'.' ' .'I/r' 1'." , .' E' ',' .." , , ., , "":',,';"",' : ',.i.:,/; '::" .:1" ::CJ':,.' , ',:',: ...: :'::: ", "', ,> v-X1&l+eoe.rtoOD OPE-tU -SPf'rC.E. 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".,...-. .....'..... .. ....~. .-, . ...-..........,... . .... .. ..,....' ...... ..--.....-_....-..-.........~...--_.~....... .. ...... -...-....-. .. "-' -.. .....-......---.-.....-..-... ... ....--.' '." . ,... .. ,.".' -. n.."" .. , "3 I ...... - ... .......... .......,..~ .....*" ~..... '--r-- .--,........ ... ... T- .... - ',':, ';.'t~(, "l-t,'.,-..,"E";,',> ~/: ."',:,::',,' . ,'".,:/'. .:,'.',',..;", ~<:. :~:.l:::f;~:":.~',;-r~: I:>: ?:~!;Gr":'!".::':~',~ :l~":":'\: .'\<',~.,~': '-:;~"\'\' ,i.:: ..) . ." ,........,.'.-" l~,._.. ,I. I ~ " " ,.' '.".' , .' ", , : ~n. . I , ,". . '0\, ., "". ' , MINUTES NEIGHBORHOOD OPEN SPACE PLAN MEETING HICKORY Hill, NORTH SIDE, AND UPPER RALSTON CREEK NEIGHBORHOOD OPEN SPACE DISTRICTS MARCH 11, 1993 -7:00 P.M, HORACE MANN ELEMENTARY SCHOOL MEM~ERS PRESENT: Ann BovbJerg, John Watson STAFF PRESENT: Schreiber . . DISCUSSION OF IOWA CITY NEIGHBORHOOD OPEN SPACE PLAN: BovbJerg and Watson presented details and explalned the purpose of the proposed Neighborhood Open Space Plan, One resident In attendance expressed enthusiasm for the proposal In the Plan to use creek bottoms as trails to. connect park areas, Watson noted one end of Hickory Hili Park has no access; he said one possibility discussed has been to provide an entrance with a small area for playground equipment. Watson said developing outer areas of Hickory Hili Park In this way may be a way to provide play space, but with minimum Intrusion Into the nalural areas of IIle park. He said des pile the fact this park Is 190 acres in size, there Is stili a deficit for this area, because much of the park Is only sullable for hikers and naturalists, Watson noted the North Side area has a deficit of open space, but II Is difficult to obtain open space In a developed area. He sald one possibility Is the expansion of Happy Hollow Park. BovbJerg sald this area, because of lis proximity to City Park, Is what sparked the Idea of connecllng trails to funnel people to parks. Watson noted there Is currenlly no safe access from Kimball Road across Dubuque Street and no sidewalk on the east side of Dubuque Street. BovbJerg noted the south part of the Shimek School area has deep ravines, which may be a good area for trails, An area resident sald many people already use the ravines as trails, Another resident said Oakland Cemetery Is also used as a walking area by many people, One resident said her neighborhood Is Interested in determining the exact boundaries of Happy Hollow Park. She said the area residents would like to protect the north side of this park and possibly expand the park to the north and west to provide more space for soccer fields and passive areas. Another resident noted that Happy Hollow Park Is used predomlnanlly for ball games three-fourths of the year and is not really available for use by the neighborhood, He also noted a lack of passive open spac~ In the neighborhood, One resident said the North Side neighbors are willing 10 help with land acquisition to enlarge Happy Hollow Park; many would also be willing to help wllh maintenance and upkeep of the park area, Another resident said many would like to develop an arboretum In this park. Another commented that Happy Hollow Park Is too stark; It would be nice to have shelters and benches. One resident said he would like to see development kept on the uplands, leaving the ravines for green bells, He further suggested developing regulallons to preserve ravines and natural green belts; he feels they enhance the value of the community, "3 - .~, v ......... -----r....... -y-' --- - . "---~"""-1i-""r., -- -~ , '-Y }:"'~"t~l'" ':t'~,':: ,:~,,_.:,:-,:,.:., "'.'....'.:'... ,::':... :", ,I,." .,,' -.... .., - . ,', , "Ie;).", ',','.' " ~;~ ~ ,~~'. I>, \,~ ~., >.. ~I <' .~.~, ~"Lf ,,~". 'I'.' .:.<, .. : ,', ..:': ':'.' ": :'. .::I~,~.. Neighborhood Open Space Committee March 11, 1993 Page 2 Another resident commented that Shimek School Is very accessible, but more playground equipment Is needed. She said she feels this area is almost too Isolated for small children, . A resident mentioned a small area near Ralston Creek; she said It would be nice to have access along the creek especially If a compromise could be found to maintain the wildlife currently In the area. _ She suggested a small pocket park, One resident commented that trails would be a nice way to separate automobile from bicycle and pedestrian traffic. SUMMARY COMMENTS: The following summary comments were generated by those In attendance: Residents expressed a lot of enthusiasm for the proposed linked trail system and for use of ravines for trails. Residents liked the Idea of small playgrounds near the edges of Hickory Hili Park, Residents of the North Side area are very Inlerested In expanding Happy Hollow Park to Include an arboretum and other passive areas; they are willing to assist with land acquisition as well as maintenance and upkeep of the park. Resldenls would also like benches and shelters added to the park. Residents would like more playground equipment In the Shimek School area, as well as mai<lng that area less Isolated so It Is more suitable for small children, Residents were enthusiastic aboullmprovlng access to City Park. Residents supported establishing a small pocket park along Ralston Creek, while maintaining the wildlife In the area. Residents agreed that the City should Investigate the possibility of establishing regulations to protect ravines and green belts In the City. Minutes submitted by Nancy Schreiber ppdadmlnlmlnslNOS3.11,mln "3 ~,. v ~... -"...-.... ---,,-. - .~~ "...,-.:,-, ~::, .' :~.. ','" :C:,,;,':t:;' .,'.'.., :.~.,--~:,;:" ':. ':-',: .~,~.,,:"', . ,t "I,. ~7'" "71 . ,.,' ~i;'}'.j ;. '. ' ....,\;w\l~ ,.' . .~~~,.".' ~. '''''".''., .', 1 ,17 'i" '. " :"'. ....;-.;, ~'" ".' ' . .,' ". I , " ) j1A )J II \ ,,' f'rf/( ~ .'.) ... I ! ,"':: I I (' , .- ---~I I .pr"~'1 ~4 lOll A) S'u"1l~11 'SD/.:JB.~_I' , 4' L Jl'j ( G: Ie.... ~ r Itl..... ,a-. -...f-f rF-/D ~ . ---, ~,-K9J;PUL_&'I.Ob.Ji fuL.1nL~~.Eb.-, _.: ----- ... . ?tL~r~ It/. ~ ~ (.i" l. G-d-r------.. i .. --.-....-.-..--.,~ ill. L.tJ. P-~..{)~~.__..__..8_eili:oJl ct.__....' I -----.-.......,-:tl:iMti:.' :~ ' / ..:J~D_E ~_..3J~~,::7-foT .-....-.-.-~~ },H).('/ .1~-iL-, ,-(1-:;;,'(.1 J 3~!-Y~;;:: ,--.------.-~---.:.....~I/<,S ,,~ .!.....--Wl.._. 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'-- - ~.. ..-....-..-. _..........___... M. ....,-...._._..~_._..._._.. "''''___.__."...".. -.....-.._...~..._..M..._._._.___.._._.... . ....-. ~-._...-.~.. '... .._-_.~._-.........-.._..". .~-_.~.~_..~_.,_.~.. --..-.-.--.-,.-..-.-..... .--...-.--.--.--..---. ,.-~.....-.-.._...__'...._M....... -_...____. _.-.__..._..._......M._..___._.___,.__.._.___~_..____._.___'__.'.'__'" -.-------.--.-.-----..------.--.-.-----.----- ._-..._._---~-----.- .,,~ ,. I -".I:..~:." ;. '-'~'. .[1..;:.'....'.:' ....':,.,.:'..' ...:,:, ~, "~I ",'., ., ",.' I., .' ,.U 'i' .l/" " I~ " .. .' . . ',. '. . , . .,.:/,,>[,[. ',~:. /',- [',,':',ilr ;\"',' "..". "',,'_.".,' '.\,,:\ ......~,. '1.':"\ .'.r~~'~, "\~'l' ". . , I' JOHNSON COUNTY AUDITOR TEL:319-356-6086 Mar 31.93 9:19 No.003 P.Ol/02 - , , - Juh.llulr COlUlly \ IOWA 1 BOARD OF SUPERVISORS Patricia A. Meade, Chairperson Joe Balkcom Charles D. Duffy Stephen P. Lacina Belly Ockcnfels April!, 1993 FORMAL MEETING I I l \ ! C ! f I ! I Agenda 1. Call to ordcr 9:00 a.m. 2. Action re: claims 3. Action re: minutes 4. Action re: payroll nuthori7.atlons 5. Business from the County Auditor. a) Action re: pcrmits b) Action re: reports c) . Other 6. Business from the County Attorney. a) Report re: other items. I.!l 0 t..l - -:'.- S '11 ---" >::j :::J n' t..l -- --. ",. -In , ,- J1 i7l :'-' _i'71 o~ ,." - .- -- "' ..-......, .. -> :::- 913 SOIJ1'll DUDUQUB ST. P,O. POX 1350 IOWA CITY, IOWA 52244-1350 TIlL: (31~) 35~ PAX: (31~) 356$8G '14 'I --~, ....,.. ".... - .. ,..-.--_-------- _-n."-........- _ ~'~~------.--r--,.." - . - r- - - , - . ~...,.. ...:.'-:~...t'~l..::. '..:. ."......... :" :.. ':. .' ...,. . ,: :' - >,'<, , " , ,.,,',' ,l,'...., "1 . . ,. . ".:, ",' ~ " ' , . ' , :.' t;., . I~ '. _ _ .:, ,: " ,,_." \ "; . .' " " ' ".'I'I~r'.",.:.~I_",~-;-..~-~~,1 :",,:.':'.. .,",.".".' ,,',' \~ . I' ~ '., ,., j.. I ' . j unN")UI\1 ....UVI'.ll I n'.II.'.&..'.II. l__'._~ .~. .... ,- . Agcnda 4-1.93 Page 2 , 7. Business from the Board of Supervisors. a) Discussion/action re: Grant Agreements between Iowa Department of Natural Resources and Johnson County for Well Abandonment Grant and Well Water Testing Granl. b) Discussion/action rc; contiact with Minor, Mount & Conrad Consulting Engineers, P,C. for mechanical and electrical engineering services re: courlhouse boilcr replacement. c) Other 8. Adjourn to informal meeting. a) Inquiries and reports from the public. 'b) Other 9. Adjournment. I i I l.:l , W , 0 , - , ~.~':-: S ':'J I >: ;J , I ~-< w =- :=0 --;.-. , ,- ~ 'jl I :;-" . , _r.i ~ .. 0;;;; - 0 , ....- I -.,:~ .. , > ! I 1 ~ I , I ! I i I ! I 1 I I I I I i l' , ". '}~.'.;"'i' __ .... ~,- -.. "'-.r~"'-~---""'-r--~r;-.-.-.~ .__,.-_ .........". - ...-- - .-r;! ...,............ ---, ,. , ... ~':>. >;,~ :'. '::./,,> ',. ,'t-:- - " ., : .:~l ~'" ".;",,' : ',": ",' < ::1.<:'.>..' {' :~.':' ".~'~ '\\ t'l .', I ,.,... 'jl~' " .'. ., ,,", ~'~',/..'.r~:::: \,;r/...._\:.;<~"...-\.I~;..:':'.. :.' ",,'!",,'\",i,:~.. ';:'j "');&... CiTY OFI0WA CITY March 30,1993 Pat Meada, Chair and Mambars of tha Johnson County Board of Supervisors Johnson County Administration Bldg, 913 S. Dubuque St. Iowa City, IA 52240 Dear Pat and Members of the Board: The City of Iowa City is contemplating annexation of the Iowa City Landfill, As you are aware, State law requires that land that is to be annexed must be contiguous to a city's existing corporate boundaries. In order to create this connection, Iowa City is also considering annexing portions of IWV Road and Hebl Road. \ Johnson County owns property underlying IWV Road adjacent to the Johnson County Shop and the former Johnson County Home, We are asking for your cooperation in pursuing this annexation' by agreeing to voluntarily annex the portion of IWV Road that is in County ownership. We are simultaneously seeking the cooperation of private landowners along IWV and Hebl roads (see attached letter), An advantage to the County of this annexation would be that Iowa City would assume ell maintenance responsibilities for the affected roads. Please give serious consideration to the proposed annexetion, I will be contacting you to set up a meeting at your convenience to discuss the proposed annexation. If you heve eny questions In the meantime, pleese contact me at 356.5232. ~dL 1 K in Franklin Director, Planning & Community Development cc: City Council V City Manager Iowa City Planning & Zoning Commission bt'b,huIlVI .10 EAST WASIIINOTON STRUT. IOW',\ CITY, IOWA 511400/126. (Jill 'U.JOoo. '''X (11'1 ,,,.s00' ."s -..... ____ - - .._____r-...-..... a-~ ....... , __ _ _ '___ __ ,-_ ...? 'I . ".. --- ...' '.., . r .. -..,.. - ..- ........ --~' ~, ~. :' " " ',':. "'t-::'", .' ::';.l;';' < '~,'~'" '. ):.:,-=;- . .....:. .' .' t ..;1. ,,' :" " , '., " , . . ,. " ',,1' '(',.,,'~ ~~. >""",,;:0,:"; ;".~ "', ,.','~. ;." I",,j' ~: ..< :'. ,', ,,:-',..'.' ~&.. CITY OF IOWA CITY : March 31,1993 William Leuz and Margaret Donahue c/o John Kennedy and Dorothy Kisner 3276 IWV Road, S.W. Iowa City, IA 52240 Dear Mr. Leuz & Ms. Donahue: The City of Iowa City is contemplating annexation of the City's landfill site which is located south of IWV Road, on Hebl Avenue. State law requires that any area that is to be annexed into a city must be contiguous to the city's existing corporate boundaries, Iowa City is considering annexing IWV Roed end Hebl Road, as well as the landfill, so that the landfill site would be contiguous to the existing Iowa City corporate limits via these roadways. By annexing these roadways, Iowa City would assume maintenance responsibilities for them. Your propert'( extends to the centerline of IWV,Road. We ere asking whether you would be willing to work with us in our efforts to annex the landfill and agree to voluntarily annex the portion of your property underlying IWV Road. rln Franklin, Director Planning and Community Development Please give serious consideration to this proposed annexetion. A member of the City staff will be calling you soon to answer eny questions you may have, and to set up a meeting with you at your convenience to discuss the ennexation if you so desire. If you have any questions in the meantime, please do not hesitate to contact me at 356-5232. ~~cf~: ~ ~ J~ !-IuV' hwa~ ?J~ 'Jk-u ~ ;J-u4- t~ City Council City Maneger Planning & Zoning Commission Johnson County Board of Supervisors I cc: bt'IMI. 410 !AST WASHINOTON STIt!!T. IOWA CITY, IOWA UHd.I.26 "1I') )J6.~OOO' fAX (Jltl H,.sOGt ,~t '. ':~.:.:': ~':"" .I!," :,;'.J.', ". . .'.' ~--:---: ii0.... .._',.. . ;','I"it ,\ ~""'l~"".l" ,.f, \,." If ~, ", ,j. ~\' ".....'.,'-.'-"..'.... ,.\ ,:{<~','r; '-'1:\"<(" ),::;i: ;)'~)I ,':><'/":::-', ':: ,.' ;;::-">,,~~,,,:,;.,>, ","','\" t..-",,,,,\.,i"" ..W,,', ~,..,.. .' '.' . ", :t: '.' .:..,C';""", ,'. , .,', ,,_ ,':" .._,,!. r' ~" ','" I "..' " I , ,,1 " ,( '.:- ',~'.' .':_;~ I .~- ...,,,_oII, '". . .........,.- ..... ::':::'., ,tn': ""'1'/ \, 'f''!'''': ':~--;' .' ";,' -: .'; .' ',.:'" ,,:,;': ~, ' ,. '. i',' . t ' . <' " " '....' .\; ',~,.~~,\' :','~;':,-,:l ,L~.',' ,~~,~ '(" ,:'~~~J'~ ,~'.:':~~~~;~~~~.:_~': :'. I City of Iowa City MEMORANDUM DATE: April 9, 1993 TO: City Council FROM: City Manager RE: Material in Information Packet Memoranda from the City Manager: a. City/County Joint Meeting b. Downtown Parking c. Pending Development Issues d. Vending Machine Concession Agreement e. Trail System 7hh 767 7("f{ 'I -1N I Copy of letter from the City Manager to St. Patrick's Catholic Church regarding parking. Memoranda from the Department of Public Works: a. Kirkwood Avenue Improvement Project b. Street Lighting on Melrose Avenue c. Ralston Creek Cleanup Memoranda from the City Clerk: a. Summer Schedule b. City Council Work Session of March 29, 1993 Building Permit information for March 1993. Copy of letter of resignation from the Director of the Mayor's Youth Employment Program. Copies of letters from: a. State Historical Society of Iowa regarding 410 North Lucas b. Department of Natural Resources regarding Toxic Cleanup Days c. John A. and Michaelanne Widness regarding M~se Avenue ,,pI 7 I 3 -2J..; 77~ 7 Agendas for the April 6 and April 8, 1993, meetings of the Johnson County Board of Supervisors. Memoranda from the Finance Department: a. Capitol Street Parking Ramp 7 f ~ b. Fiscal Year-to-Date Parking Revenue and Usage through March 1993 I .. r "W.....'I .....,,.-......,,. ~.-r - - .~r-- _~ ,.~ .. .......- "... -':; >, t"':'/', ,,-:,c'- -""':~l:;'I-' ::"'<14 .:', :: : :,:,'. '.. "1:: "..,:',' ",","': :.,.,.,:,l~>:,;,' '<,:-,::, ". ',;,;" . ":_, 'I '.:' ,; :',':: . : ' April g, 1993 Council Packet Page 2 !. ~ t " ~ ! , Bd. of Supervisors Informal Agenda for 4/13/93. Invitation to Southeast Iowa Municipal League meeting 4/21/93. Memo from Police Chief regarding Union Bar and Fieldhouse Bar. Memo from Asst. Finance Director regarding training on laptop computers. i i I \ , t i 1 I 1,'i1j 7ft.. 1t7 'lfJt , ...i' :,.,'.. .. .. " 't":'," ..;.,'" ", .,'.,..',: ",;,;"',;, ,.:, ','." . '" . t ;1' .' ,,/. ..,',. , , '... .,...' ..' " . I ':1' ., i ..1. 'I,. " ',' . '. 'r " :~'",,~",~",'''''',.:;'::,';':-.:~'.~...,:<\.':,<~\', ':,' ,'; :.\:'.' 'j'r':'<;' City of Iowa City MEMORANDUM ; ;', Dete: April 8. 1993 , To: City Council I I From: City Manager I Re: City/County Joint Meeting I I Attached is a proposed list of issues for the joint meeting, At Monday's work session. we would like to finalize the list to be sent to the County. n.\ec4-8 I . 7" - .,., ~ ................,........ .,,-'~-- .. "~..-~---r--r (' "t~' "'-,'1" .'t'-/',"tzl-""';":': ,,,,,',:,~,',,"',,,... , , " , "~'I' .: I: ' J ,r' I' - ,. '~ " ' 'r ~- ." '." . I. ". 'j .,. ........ : ::': '-:"~1 :;' :::.':';'i:':"""~~';""" ,\':' .",:" :,',', .n., - ,,>,/,',':_ PROPOSED CITY ISSUES OF INTEREST JOINT CITY/COUNTY MEETING APRIL 19, 1993 Annexation of landfill site SEATS Contract Traffic signal. Mormon Trek and Highway 1 Landfill- tipping fees, flnanclal assurance, regional governance More frequent Joint meetings Airport Representation by City officials at County meetings. notice requirement (Courtney) Wetlands - sewage plant ordinance/agreement with County Regional housing Issues Well head protection - agricultural chemicals I mgrllssues .", ',I "III!:~ ".. ..,,- ...-'----- - ...-----.~- """--r- --.,.......... - - '-~ ~_. 'f- .. -... ...... - ...- ....... __ - ............ .- ;' ." ":f.'~1 .' .<'. ,,:. >t"'1",'\,. :ffi' ,':.. '. ":, .", ,:.': .:' ", "'. ' ~ \ _ t " , 'i' . " " " "".' . / ,;>.~ '''~'''I' /,' '\ ,:;.<:1: '~:'~" :';,,-~," ?' ,:, :.":. I,~", ,:' ',' :-;~'. City of Iowa City MEMORANDUM Date: April 8, 1993 To: City Council From: City Manager Re: Downtown Parking We recently received information from a downtown mall merchant concerning the issues of the Increase in the hourly rate to 501l and the 10:00 a,m, restriction In the Old Capitol Ramp. The Information demonstrates from the merchant's perspective that the changes may be detrimental to his parllcular business. The merchant Indicated the following statistics for Park & Shop, 1991 1992 Chanae July 707 676 - 31 August 856 573 -283 September 756 745 - 11 October 894 784 -110 November 1111 813 -298 I December 1501 1278 -223 TOTAL 5825 4869 -956 There has been a decrease of 19,848 hours of Park & Shop parking In the Capitol Slreet Ramp, year to date, While this has been offset to some degree by an Increase of 1,428 hours In the Dubuque Ramp, the net loss to Park & Shop from July 1, 1992 to February 1, 1993 Is 18,420 hours. The argument Is made that the recent changes, the rate Increase and the 10:00 a,m, parking, are of significant responsibility In this matler. While It Is difficult to recommend any change In the parking rate, that Is returning It to 401l an hour due to the capital costs associated with the new parking ramp and on bonded Indebtedness, the Issue of the 10:00 a,m, ban on parking continues to spark controversy. Joe Fowler will be at the work session on Monday, April 12, cc: Joe Fowler nllpDrlsilop .. 7'" .,;" 'Of.... ".. -- .... ",,,,'~",...,., ,...~. 'y.,.:;,.,.~' , '., . :,;) " :,;:"". :~,i,'I" ,:il'l-t'~-~: .' :,' " .\, ',:: .l,.~.: ~,":, ,;, ;:-;" :',~.', ;.,~1~' ~' ':., lL. 1,:,1,':' ': ,r , J \: ,<: "',.". \ ',::.',~ ,j '. City of Iowa City MEMORANDUM Date: April 6, 1993 To: City Council From: City Managar Re: Pending Davelopment Issues An application submitted by Paula Borchardt for a variance to allow the establishment of a single femily home on e non-conforming lot loceted at 1333 Cedar Street. An application submitted by Iowa Raalty for preliminary plat approval of South Point Addition, a 30 acre 128-lot residential subdivision located west of South Sycamore Street immediately north of the corporate limits. An application submitted by James Anderson to rezone a 55,14 acre tract from RS-5, Low Density Single. Family Residential, to OPDH 5, Planned Davelopment Housing Overlay, and for preliminary plat approval of Village Green South, Parts 3-8, a 55.14 acre, 166 lot residantial subdivision loceted west of Scott Bouleverd and north of the lowe Interstete Reilroad. An applicetion submitted by Schintler Brothers Construction Company to razone a 12,5 acre tract of land from ID.RS Interim Devalopment Single-Femily Residantial, to RS.5, Low Density Single-Family Residentiellocated on the west side of Sycemore Straet south of Burns Avenue, I ~1pIllli" . ?'f :-~~ :~~i"- .:>:--~.~::;~~-.".._--~. :} ", ','. '::.', 'J.', :<" ~." <' , .~, _.' " t , :/.., " :I' /:' ,,I"" ..','''' " " ':,.:_':''J~.r';':""!.:":~~;<~;<~,,,,,,~:,~", ': '::-r"4'~"<;-:.< . ,.,.'~ ,.:-;."~',,',,:,'.,.:', City of Iowa City MEMORANDUM Date: April 4, 1993 ,eJ'( 'n w(, ~ To: City Council From: City Manager Re: Vending Machine Concession Agreement Proposals were received for a four year Vending Machine Concession Contract. The City has awarded the contract to ARA Services, Cedar Rapids, Iowa. Revenues will increase from $12,000 to $18,000 per year, with actual price to the consumer decreasing, The contract includes City Park Pool, Civic Center, Mercer Park Aquatic Center, Robert A. Lee Recreation Center, Senior Center and Transit. All new equipment will be installed beginning May I, 1993. In areas such as the Robert A. Lee Recreation Center a completely remodeled area will be provided by the vendor to give a professional "built-in" look. I .. .", I I i i , ~ j \ " e i I , I I I I i I ~ '.' . :';:t~':: :~ .,. , "/": ~,. ,jj'-;: ,'.: '.:' :' ::...: ;' .:, ' ,":.' (,'",.. ,,' 4:.;' :'. ;' " /! ~ 1:-.' 'r:. . ',:; .~ .~; ( ,~ . .,', ': ',i, "':"~'.) :. ~t,;'. .......~. . _ >'1\ _,..... ',:.f' '," . 1(3. I. ' \',,'" .,'. .', '. City of Iowa City MEMORANDUM Date: April 6, 1993 To: Director of Parks & Recreation From: City Manager Re: Trail System With the pending development of the Iowa River Trail between Burlington and Iowa Avenue, as well as all other related activities for this type of project, the City Council has expressed some Interest in whether or not we have a formal policy/pian in place that incorporates all proposed and existing trails. Specifically, the annexation of the Windsor Ridge area and the incorporation of the trail to Scott Park lead to this discussion. I would appreciate providing a general summary position that reflects the Interest of the Department and/or the Parks and Recreation Commission. Also, please feel free to consult the Riverfront and Natural Areas Commission and the citizen group, FIRST. cc: City Council ../ Karin Franklin bfnllsys . 770 I .......' - ~~ )'<:'.: ~~:' ,,:~' ,:;.", ,:'.;,:;,':,/,.: .:1ZL ,:', .":"::~ ~":/;' /" '" . ' :.i:.':::'i,: 1[.:'..',[,....1 I' '" l~l. ., '/'/', ..' .' :~':'::" ........,;:1,~ :~~I'I.: ," ~,I:..<...,L~_. ~.' " ' ' \ " ". ",'1 I, '" ." April 8, 1993 (~ "'1-:~ CITY OF IOWA CITY Father Bob Busher St. Patrick's Catholic Church 228 E. Court St. Iowa City, IA 52240 i. j I I i I , , , , , . I ! i 1 ~ i I I I , I i I I j I Dear Bob: As you may recall, some time ago, the City Council adopted e development policy that affects the area south of Burlington between Burlington and Gilbert and Madison and the railroad tracks. This policy has been celled the Near Southside Redevelopment Plan, In that plan the Council also approved new ordinances which will affect development decisions and create a funding mechanism to provide additional parking in the area. We have recently conducted e review of the land thet is currently privetely held in the Neer Southside Area end specifically the property which might be aveilable for purchase and ultimately development as additional perking. One of the sitee that has continued to receive our interest is the current St, Patrick's parking lot at the southwest corner of Court and Linn, Upon conducting preliminary sketches it was determined that a parking structure with 250 spaces might be built on that site, With the aveilability of parking revenues from the development in the aree as well as funds from the existing parking fund, we believe a project could be designed, constructed and financed for thet site. Before we underteke any deteiled drewings and other planning, the interest of St. Patrick's parish is a most critical element in our planning. I would appreciate your review of this letter with any appropriate St. Patrick's official in order for us to ascertain a level of interest. I would be happy to meet with any of the church leadership if it would be helpful in discussing this proposal. There are many options available concerning financing as well as eccommodeting what I would believe to be the parking needs of the church, Age in, before proceeding with any detailed planning, I need to have some idea of the interest from church leadership in proceeding with such a project. Whether it be a city initiative and/or a joint project with the church, I can assure you that we are open to eny type of discussion to help us satisfy the planning/policy initiatives reflected in the near south side development plan, Please let me know es soon as you can, Thenks, Sincerely, ~ Stephen J. Atkins City Manager cc: City Council Karin Franklin Joe Fowler Don Yucuis ~1.5 410 EAST WASHINOTOH STREET. IOWA CITY, IOWA ,n4O.1126, (lit) H6.UOO. FAX 0111 156.J009 77{ - ~, v-.......~.". ".-.---- - .. .-----.....---rJ- ......r "...... - - "'-r- .-. ~:', ':.>t~' ~;<..;;; :J' ,:':,,',f;:t;.:.~: .e,er:. . .' ,: ': '".';, 7:> :'...~...\ >:'~' ,!. . ,"i ,', ';',~< I ~, '.., ':' ~g . ,. '. ", ';. ' I' , ~. J', t, ': J. I '.... I " ~ . ", , I ,. ,. ~. .. . City of Iowa City MEMORAf\lnll..... - - - . ..'1." LI U IVI Dete: Februery 26, 1993 ~ To: Charles Schmedeke, Director of Public Works From: Jemes Brachtel, Traffic Engineer Re: Kirkwood Avenue Improvement Project As directed in your memorandum of February 2, 1993,the fOllowing traffic studies have been conducted. Keokuk Street & Kirkwood Avenue. all-way stop Dodge Street & Kirkwood Avenue. traffic signal installation Summit Street & Burlington Street. treffic signal removal Burlington Street & Governor Street. traffic signal instellation Additionally as directed, I have prepared a resolution for the City Council which will remove the stop signs at Kirkwood Avenue at its intersection with Summit Street. The resolution is attached for your review, Please note the resolution stipulates that Kirkwood Avenue will be marked as three lanes in the vicinity of Summit Street as per the City Council's Resolution No, 92-208. The attached resolution also directs that Summit Street will be marked as two lanes not three lanes. Marking Summit Street as two lanes in lieu of its current three-lane marking will facilitete left turn movements from Kirkwood Avenue onto Summit Street. \ I have reviewed treffic counts taken in the area of Summit, Dodge, Keokuk and Kirkwood, Those traffic volumes when considered in the light of Council's expressed intent to reduce treffic on Summit Street would suggest thet it would be appropriete to make the Intersection of Keokuk Street and Kirkwood Avenue an all.wey stop, An ell.way stop at this intersection will fecilitate the left-turn movement from Keokuk onto Kirkwood Avenue, By faciliteting this left turn movement, mora individual drivers will be encouraged to move westerly along Kirkwood and use the Dodge Street connection to the north es opposed to using Summit Street to go north of Kirkwood Avenue, If this intent is consistent with City Council's wishes, I will prepare a resolution to implement the conversion from a one.way stop to an all-way stop at the Intersection of Keokuk Street and Kirkwood Avenue, On Tuesday, February 9, 1 993, the Traffic Engineering Division did complete e 1 2.hour traffic count at the intersection of Dodge Street and Kirkwood Avenue. The 12.hour count was intended to gether date to determine if criteria for treffic signalization had been met, Additionally, the traffic accident experience at this intersection has been reviewed for calendar year 1992. The Manual on Uniform Traffic Control Devices (MUTCD) does provide 1 1 different warrants which provide minimum criteria for the installation of traffic signals, Two of the treffic warrants were met with the traffic volumes found on February 9, The peak hour warrant and the four. hour warrant were complied with, As you know the manual does not require traffic signals to be installed when e warrant is met. It is my understanding that the 7i~ ~~~ ,.... -- -r. - .-......... .... \ ,,:,":,~.,':' , ,',.',' .:,.... -",,,-:' ,'.'.' ''''', '." . ,,:,..", '. ....t ". "I I ,,' "".... 'Gi '''', t., " , ,. /~ ': ;'. r~,,:',::/,;'..::...' :::~",:.\', \' ,:'CE', ' ,,".':;', .':": ,'. .:'," ::: ..,:: 2 Council hes directed that ten-foot lanes be maintained on Kirkwood at this location. I would recommend to the City Council that an all.way stop control scheme be meinteined et this location in lieu of replacing it with a treffic signel control. The all-way stop control does provide for the efficient movement of treffic through the intersection. I believe that it would be an undesirable situation to have through traffic using the intersection at speed with substandard lane widths. On Tuesday, February 16, 1993, the Treffic Engineering Division performed a 12.hour count at the intersection of Summit Street and Burlington Street. This data was compared against the 12 werrants for signalization end the amount of treffic now using the intersection fells below the minimum level set for traffic signalization. Also, on the 11 th of February, 1993, the Traffic Engineering Division conducted a 12-hour traffic count at the intersection of Governor Street and Burlington Street, Treffic conditions at this intersection did not then meet the warrants for signalization, However, to be consistent with the City Council's intention of discouraging traffic from using Summit Street, if the traffic signals were removed from Summit Street and Burlington Street and the northbound traffic diverted from Summit Street were moved to Governor Street, it would be my forecast thet the warrants for Signalization would then be met et Governor and Burlington Street. It these two changes ere taken together, traffic would be diverted from Summit Street. If the City Council wishes to proceed with this change, I believe that the Department of Transportation would accept the City's forecast of volumes for Governor Street end would permit the City to meke the installation of a traffic signal control at the intersection of Governor Street and Burlington Street. If you require additional information or comment regarding any of these five intersections, please don't hesitate to contact me. Any additional materials required for Council will be prepared et your direction, Attachment bj\kirkwood I 7'l~ - ~,. v...... "...... "'-'---"--"-~T '."., ~ , ~i' ,". " .,.'.,.,' :"," .:'.,,'. 'hi', ' , . ',>' :.:-",' .':.: ,: : ....: ,'., -t ,../",', ",,/ ' I ' ,. '........... ~: :;'~"[ ::::;,"- (':" ,<""~",.:.'. 1 f,'f' I.',. " ,'. :;,', '::\'~',ll' <,-, , '\......, I,""" I ,,' ',. I " ". '" , . , .,' ,I' "", I I'" '." 'I p " City of Iowa City MEMORANDUM Date: February 8, 1993 Steve Atkins, City Manager ~~~. ~.'~ Uf;' UJ~ To: From: James Brachtel, Traffic Engineer Re: Street Ughtlng on Melrose Avenue At your request, we've Investigated Melrose Avenue street lighting to determine the feasibility of re-energlzlng the system and find the following: EXISTING CONDITIONS I In 1981, City Council directed that half of the streetlights owned by the City on Melrose Avenue located In the median be turned off. Council made this direction Intending to conserve electrical energy, Traffic Engineering made that turnoff In March of 1981. In the Intervening years certain of the double lights have been re-energlzed so as to provide additional lighting at the Intersection of Mormon Trek and Wesiwlnds Drive. At the present time, there are 34 lights that are not energized, Of these 34 lights, five units have lost their photometric lenses and these lenses have been replaced with plywood, These luminaires are no longer manufactured and the City Is unable to secure replacement lenses for the units. As lenses have failed, either due to vandalism or accident damage, the Traffic Engineering Division has replaced the broken lenses In lit luminaries with lenses taken from the extinguished luminaires. As part of the Traffic Engineering's capital Improvements budget, the currently lit luminaries will be exchanged for 250 wall high pressure sodium vapor luminaries. (The existing luminaries are 400 wall mercury vapor streetlights.) It Is the Intent of the exchange to replace these with 250 wall high pressure sodium vapor streetlights, it Is anticipated this exchange will be funded In FY94. it Is estimated the cost of the exchange will be $11,000, POSSIBLE ACTIONS Ootlon #1. Re-energlze all of the streetlights currently extinguished. We believe that this can be effected In a rather simple fashion. The current monthly cost per unit for a 400 wall mercury vapor streetlight owned and maintained by the City Is $2,28, The cost of energizing 34 of these units will be $77.50 per month, or approximately $930 per year. This would assume that the five units that do not now have photometric lenses will be replaced with new units at an estimated cost of $205 per unit, or $1,025. Ootlon #2. Make no changes now, but In FY94 Instead of replacing just the currently lit lights replace all lights at an estimated cost of very nearly $16,000. This would exceed the projected FY94 budget by some $5,000, '13 \ ""..., , " '" I '. ~ -. ........ ~. .....,,.-- .....". <,~ . t~l'" .,<, ../,'. .;.'.:'~,;: ./,' .' :;" ,': ;, , :,. ", :'..;,<:-" '.': ::. " >.' ;!" ,IL 'o,:,....,",:l '.:.~:;.~~ '. ':~:..~:, ' \,~ I:~ :. ',. 1<: . .:: ':. :- \' "',":> Option #3, Do not relight the currently extinguished luminaries and proceed with replacement as budgeted, I have reviewed my files and have also asked the City Clerk to review her files for any minutes or resolutions whereby the Council would have directed this change to be made. I can find no written documentation In my files nor can the City Clerk's office find any written documentation In their flies, However, I do have a clear remembrance of the direction from City Council being passed down the chain of command, I would be happy to meet with you, at your convenience, to discuss any action you might want to lake In this maller, nalJlgh' i I I , i I I I I I i I I i 171 ..- .11 ~ '~""""illIj__ ... - ---..-..............v-,~...,.~._ ....~....... _ _ ._,"'-- "~I ,.tj.. 'n';'J'" ,:,.,/:,'Icr, :,': '>".'.- ":":'::':;'..'.< ":' ,'t>f\ ,', ~~I . '.::'.,~'.' .:'ltf'.:'j. ,_' ' ~~ ,;;...).' .'. '....-: c,' ,.1'".", "L" f ,'\ ,gs.J'.' '. ,I . 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" m Sl() ~ CIl <t1i % l> :u % m ~?Z -.. .f> <Jill 0 ze> CIl 0 MAC8RIDE RD J;; ~ f ~O ~(> oj z c:ilp z 3: R !il ..-6% n <J~ c: :u 0( WESTWINDS DR ~() A() ~ z ....;: ,...... <J~ -m ' , CIl -' el.... <]'" " :t :u ::!o CIl,i z CIl . ..--. ~() elm tJll> ai() z 0( < CIlm Z ... m B B A A 7 3 3: MATCH LINE MATCH LlN E . "1 "... ..... ~.------ - ... ....--~'"~-....r 'l....... - - /\,~ ","~' .:....." '.".... '.' .:'~"'" ..'. '..... , . ,I' ., ",..'. . ",.t l ,.' . 1" , '/' I . , "'..,,., .' " " ~,'('f~~~~ '., :, .}", ", fo'._ I .',: .~ : ,',"_1 '.'''1 ,",' '. j"~ " . , I I, :.,. , .. ..".[ , ".. . . 1 . " , " Date: To: From: Re: City of Iowa City MEMORANDUM I April 7, 1993 City Council Charles DennekMsoclate Planner Ralston Creek Cleanup The Riverfront and Natural Areas Commission Is sponsoring a Ralston Creek cleanup on Sunday, April 18, 1993, from 12:00 noon to 4:00 p,m, (Rain date April 25, 1993,) The area to be cleaned Is from Kirkwood Avenue to the Iowa Interstate Railroad bridge, The Commission's Waterways Committee has worked with businesses located along the creek In the area to be cleaned to coordinate access for both volunteers and a City garbage truck that will pick up trash removed from the creek. Iowa City Janitorial Equipment and Supplies has donated a carton of trash bags to be used by volunteers, and the Parks and Recreation Department will provide additional bags, If needed, through the Adopt-a-Park program, Aero Rental has agreed to allow parking for volunteers In their lot. i ~ ;. t , ~ I I I The Riverfront and Natural Areas Commission Invites City Councilors to put on your gloves and boots and come down to give us a hand cleaning up Ralston Creek, If you have any questions, please contact either Barbara Hinkle, Chair of the Waterways Committee, at 354.761 0 or me at 356.5247. nl\do8nup ??'1 .,,' v.... "... - - ..,.-.-- - - .. -......--.--~ ..... IT ".--....., '\ \ \ I I I / 1 ~ j. [ i I I I I I 1 i 1 i i " ~ ~ ~ I' ~ V ,. ,I f , , ,. ~ I 1 ! I " '~-~" ,...' '~'," t-,~~'~.'.. '." .'. ,:c',,. . '~.!;"", '~-: ..', ,.' . ' ,.' . ',,' .' ,t 1.;;;, '., 'I . ..,.. , "," ' '''''. -r~- Ii", :.1'"1 ',: ",'\ I,: ,,"" .,,~t..l"jj.;,_,.. I ,.~".' .~~. i' " . ., , "', ~,,'., I , '\' \ .' . ': ' " . City of Iowa City MEMORANDUM 'I: DATE: April 6, 1993 ,; TO: Councilmembers FROM: City Clerk ~~ RE: Summer Schedule The Mayor is looking at possible summer conflicts with Council meeting schedules. Please call me (356-5041) with dates that you will be unavailable for meetings in the coming months. It is helpful to know of absences even on off-weeks as we may need to reschedule some meetings. Your help is appreciated. 115 -~, V~..... ".. ~ ...-.~- ... .......--...-....... ~.- ""-r- <~,. '::lfJ:, ':';"1' ""'<:i" "~;"l" ",: .,"": ':.':';"i :'.~:',"':'--:::::', :i:';':":: r~/~ :),.:": ': -'':;;/:::':,':; ',_. ,. :,.....' ': "::. ':' .:'~, : :H<' ::, City of Iowa City MEMORANDUM Date: April 8, 1993 To: Mayor end City Council From: City Clerk Re: Council Work Session, March 29,1993 - 6:40 p.m. in the Council Chambers Mayor Darrel Courtney presiding. Councilmembers: Courtney, McDonald, Kubby, Larson, Novick, Horowitz. Absent: Ambrisco, Staff present: Atkins, Helling, Gentry, Karr, Franklin, Fosse, Barnes, Schmedeke, Klingaman, Davidson, Tape recorded on tapes 93.28, Side 2; 93. 31, Sides 1 end 2. PLANNING AND ZONING MATTERS: Reel 93.28, Side 2 PCD Director Karin Franklin presented the following Planning and Zoning Items: a, Settina e oublic hearina for Aoril13, 1993. on e resolution aoorovina the voluntarv annexation of en eooroximate 5,59 acre tract of land loceted north of American Leaion Road et the north terminus of Owl Sona Lane SE, (Windsor Ridaa/ANN93-0001 I b. Settina a oublic hearina for Amil13, 1993, on en ordinance amendina the Zonina Ordinance bv conditionellv chenaina the use reauletions of en aooroximete 5,59 acre tract located north of American Le~ion Road at the north terminus of Owl Sona Lane SE, from Countv RS, Suburban Residential, to RS-5, Low Density Sinale.Family Residentiel, (Windsor Ridae/REZ93.00031 1 Franklin stated that staff will present Council with more information prior to the public hearing. c, Public hearina on an ordinance amendina the Zonina Ordinance by conditionally chanaina the use reauletions for a 30 acre oercellocated west of Sycamore Street end immediately north of the comorete limits, from ID.RS to RS-8, Medium Density Sinale. Family Residentiel. (Iowa Realty Comoeny/REZ 93.00011 In response to Kubby, Franklin stated she would find out the eleyation of the property, Novick requested informetion about the difference between the water teble here end at Whispering Meadows; end whet the weter teble is in Mount Prospect and Village Green and how it compares to this area, d, Ordinence emendina the Zonina Ordinence by conditionelly chenaina the use reauletions for a 30 acre oercelloceted west of Sycemore Street and immedietely north of the comorate limits from ID-RS to RS.S, Medium Density Sinale'Femily , Residential, (lowe Realty ComoanY/REZ 93-0001) (First Consideration I 7" .-~~ ".... ~ .",-.-- - ... ~..~--.......r .,..., -......,. .... - "--..-.,.-.~,-- ........ ~-.."..--......--........-.....--- :.:.:'~' f.' m' ,: :'. ,::;',,';<: ~;,,:,:,:,.l )'fi, . . " -".: ;',," ,. ",:"',' .,:.;, . " . . "'.,1 '. 'tlO,;L It~fk", .' '" . i ,,' f:~' ::::~~'>~.. '{<'~~::.. '.r,' ::._?;", :;,.'f~~: '~";.. .:',' :,; ,'. .' ,::.>::'/, ,>: -< ,'~,::J 2 Frenklin noted that the developer hes requested expedited action, e. Ordinance amendino the Zonino Ordinence bv conditionallv chenoino the use reouletions of an eooroximate 240 acre tract loceted Bast of Scott Perk, south of Lower West Branch Road and north of American Leo ion Road, from the County desionetion of RS, Suburben Residentiel. to RS.5, Low Densitv Sinole.Femilv Residentiel, (Windsor Ridoe/REZ92-0013) (Passed and Adootedl f. Ordinence amendinG the Zonino Ordinence bv chenoino the use reouletions of an aooroximete 14,25 acre trect of lend located west of U,S, Hiohwev 218 end north of Rohret Roed. from ID.RS, Interim Develooment Sinole.Femilv Residentiel. to P. Public, (lowe City School District/REZ92-00161 (Passed and Adootedl g, Ordinance emendino the Zonino Ordinance bv adootino Section 36.1 0,5, Neiohborhood Conservetion Residentiel Zone (RNC-12), (Passed end Adootedl h, Ordinence emendino the Zonino Ordinence bv chenoino the use reoulations of orooertv located in the oeneral vicinity of Johnson Street on the west, Claoo Street on the east. Merket Street on the north end Jefferson Street on the south, from RM-12, Low Densitv Multi.Familv Rasidential. to RNC-12. Neiohborhood Conservation Residentiel Zone. (REZ92-0018) (Passed end Adooted) i. Resolution eoorovino the oreliminarv Diet of Scott Boulevard East. Part Two, a 26-lot. 9,23 ecre residentiel subdivision loceted east of Scott Boulevard and north of Court Street. (SUB 93.0002) Franklin recommended that Council defer this resolution until the plat has been reconfigured. or refer the resolution to the Plenning end Zoning Commission. or deny it. Owner/Developer Bruce Glasgow reviewed the plat with Council, A citizen 1 presented comments. j. Resolution extendino the exoiration dete for the emended oreliminarv olat of Hunters Run Subdivision, Parts Eioht and Nine. Council agreed to extend the preliminery plat. and indicated the lack of sewer and lack of Rohret Roed improvements would influence their approval of any additional rezonings or preliminary plete in the area, k. Resolution certifvine to the Treesurer of Stete the ectuel ooouletion of annexed territory oenerallv located eest of Scott Bouleverd and north of Court Street. I, Recommendetion of the Plannino end Zonino Commission reoardino a reouest submitted to Johnson County bv Orlin Hochstetler to rezone a 3,9 ecre trect of lend ft2m..A 1. Rurel. to RS, Suburban Residential. Kubby requested that the letter include more informetion as to why the City Council is recommending daniel. 11~ 1 y-.- - .. ..----.-~-....... ,....,------...-y- -. ,-- .. ........,..-..-- ..' '. .~. ,.\,'.:';,'';;'':. ..j-.'... '.', ..'\.....:.;,'~., ,.;-,', ;:;" '., '.' "/., . ./..J "" "'. . , ' . " . .'.' . '., .., ,......, . . . . ",\ 0" (. lj ',.' I, ,", . 'I , . '. \ . ' ,'. ,1 , ~ ,.. 'I'; . '. ' . ~' . , , , , '. ,\ .:.::l~ ...' .\,.J, ....,~.,.,:. , :-" '. , : ,. ,\ .'. ,; "". 3 ARIANA BETENBENDER CORRESPONDENCE REGARDING NEED FOR CITY ORDINANCE CONCERNING PLACEMENT OF BASKETBALL COURTS: Reel 93-31, Side 1 City Council discussed correspondence received from Ariana Betenbender, and the majority of Council did not wish to pursue such an ordinance, AFFORDABLE HOUSING PROJECT: Reel 93-31, Side 1 Community Development Rehab Office Pem Barnes presented informetion about the City's houeing project located at 1830 I Street. PCD Director Franklin noted thet she is working with Community Development Coordinetor Milkmen to review the effordeble housing projects done by the City. !Sill: Reel 93-31, Side 1 City Engineer Fosse and Trensportation Plenner Devidson presented information. Council agreed to staff's recommendation to utilize the ISTEA funds for the Rohret Road pedestrian bridge project. PEDESTRIAN BRIDGE - HIGHWAY q: Reel 93-31, Side 1 City Engineer Fosse, Transportation Plenner Davidson, and Grent Wood Neighborhood Assn, President Mary Lewis presented information, Atkins stated thet staff would revise the concept sketch to add sidewalks from Feir Meadowe to Sycamore in the highwey right.of- way. COUNCIL TIME/AGENDA: Reel 93.31, Side 2 1. Kubby referred to Traffic Enginesr Brechtel's 3/1 memo (Pedestrian Protection et Sianelized Intersections) regarding walk lights on Linn/Washington intersection. Kubby requested the City place e No Right Turn on Red sign at that intersection on all directions. Novick requested edditional information about the Mormon Trek/Melrose intersection. Atkins stated he will request that Brachtel attend Council's next work session, 2, (Agende Item 1/13 . Temporary use of Melrose Avenue right-of'wey,) Kubby inquired about the easement with the University of Iowa beginning April 1 for the temporary use of Melrose Avenue right-of-wey. Schmedeke explained Melrose Avenue will be closed east of South Grand, Kubby asked if area neighbors and businesses hed been notified, In response to Kubby, City Engineer Fosse stated that he hes not researched how meny elderly are in the area end whet plens the University has to contact property owners. City Engineer Fosse informed Councilmembers that the University will be presenting enother project to Council releting to Riverside Drive/Burlington Street intersection. "~ -.-,:' ~ ~... t , , \ \ \ \ 1 "... ......- .".-'----- .. .. ..----.~-.-.. .,..,,-----..~~ ,.- . . -..,.-- .. ~~~-~-"")~':" 0-:;.' ~, ",".' ......:::.~'.' :,'." , ,.,t"" ", I .. ",.,.. ~ . '" ., " ,",,,, "", l ,;. ","'--t .' .",. " _';: .. '~ . , I' . " . 'j ~. I'" .~':,:: '~',~/,,',,":~;"";.; ~:::..,...~".'."."tl. ~~, .", I"" ",,:. .,', " '". i:',' 4 In response to Councilmembers. Atkins stated that staff will contact the University requesting signege and separate letters to be sent to property owners in the immediate erea, Novick inquired about the environmental assessment project. Fosse stated that e consultant is prepering a proposel for the City of lowe City to submit to the DOT, Kubby requested that informetion be sent to the Widnesses, Kubby requested the City obtein, in writing, an explenetion from the DOT regerding the whole process. Kerr noted that John Staley end Steve Atkins will be talking jointly to the University Community Reletions Committee on Friday morning about the decision making process. 3. Lerson requested a written opinion from the City Attorney as to whether the City cen deny access to Melrose to estate egency such es the University of Iowa Hospitals end Clinics, Novick askad if the City can deny access be sed on the need for en additional curb cut. 4. (Aganda Item #3.e.(I) - Iowa City's 1993-1998 street construction program.) Horowitz inquired about the street construction program. Fossa explained that in his axperience this particuler document is one thet the City sends and never heers from the DOT about. 5, Courtney asked Councilmembers to submit their summer schedules to City Clerk Karr. , , ,. \ , " ;' " H ~ , ( 6, (Agenda Item #11 . Comprahensive water supply plan,) Kubby stated she has quastions about the water study. Gentry noted that she will not be at Council's formal meeting but Aest, City Atty. Burnside would be there. Atkins steted he will ask Public Works Director Schmadeke to ettend. Meeting adjourned 8:40 p,m. Ice3-29.Inl 71' --~.,..,..... :;. f. )! " ;i ;; ,. ;:: , , IJ i' " i1 tl " .'1 ~ 1 ~ f r , 1 . I I "... ..... - ..,--.--- ..- ..~.-~-tI"""""r-,........ - - .-r- -- ,- .. , ......... .--- - 1IfI"Vr-r-. . .~- . " ," ',,' ....""!.... ',";':', :....,..!~-;-:-.:-.:'::..~:...' ':,",,' , .... f.' I' , "I I "..", .., .', ,,' . ,. , f . ',-' " . " , ..' "" " ' . . l \" , , ::'::; ',,:,~,:, . '''~l '.:-,' . . ,,~~'< ,',' (j"'~". . '.,:' ~ .", "f' ~..' , v- I ~ ~~ bUlding,Ip' March 1993 BUILDING PERMIT INFORMATION . "'\:M... CITY OF IOWA CITY KEY FOR ABBREVIATIONS Type of Improvement: ADD Addition AL T Altaration OEM Demolition GRD Greding/excavationlfilling REP Rapair MOV Moving FND Foundation only OTH Othar typa of improvament Type of Use: NON Nonrasidential RAC Residantial. accassory building RDF . Rasldantial . duplax RMF Residantial. thraa or mora family RSF Residential. single family MIX Commercial & Residantial OTH Othar typa of usa "7 " , \ i.', ":f.'~" ,'.:. ,".;:} .: <a.' :L(':, ",' ',:","". .',':. ;":.,.', '~';' ~.,'::.\', '....'Ir.::., ",' "l',,'.~::',g ','," ',....,:.. '. ,,_'.":", ", "" .. ",/..... 1--. . '" '. . . . ~", ........' ,", , ',,~, \ ",', \',' '. . 'I P.g'l 1 D.t.1 04/05/93 f'QI: 03/01/93 To..1 03/31/93 P,",lt Appllclllt _ No.. CITY Of IOIIA CITY EXTRACTION Of BIJlLDING PfRHfT DATA fOIl cmus IUllEAU REPORT ., p,oJect Dtlc,lptlon Add".. Type T~ ~tcrf;. Untt, VIluetfon I"" U.. BLD93'0Q99 ALADOJNS CASTLE 1I..a...... ..:11................. .......................11. .................... 1111.. .... ...an. ..... 1I...III1I1...all l5'X 35' MOIllOl/AL SPACE 2Gl S CliNTON ST ADD NlIII TO EXISTING CClIl. SPACE. 10000 o o s ....................................................................................................................................... BLD92'0274 JOOY BUCXIIALTER XITIY BL093-DI06 MOEN, STEVE AllO AIIDREA ADD NON po",lt" 1 S 1000G 12'x 46' T1IO STIlIlY ADDITION. 2252 CAE DR ADD RSf 0 0 S 65000 T1IO STIlIlY ADDITION. 633 RENO ST ADD RSf 0 0 S 48000 BLD93-DD92 CHERYl HETHERINGTON 22'X 13' LIVING RIX>>4 AND 927 DEIlEY ST PORCH. BLD93-0064 RICHARD E BENDER BLD93-0030 IlELSH, RAYItOND AIID MARGE I I I 1 I I , ADD RSf o OS 31000 16' x 18' GREAT RIX>>4 2412 TIIlOll DR ADDITION, REMODEL KITCHEN AIID DINING RIX>>4. ADD RSf OS 21950 12'x 15' BEDRO\II /BATHRIX>>4 1209 V BENTON ST ADO RSf o o S 20000 BLD93'0110 BURNS, PAT AIID JAIl 6'X )2' KITCHEN. BL093-0IOS MIX! NEVILLE 2046 ROCHESTER CT ADD RSf o 0 S 20000 12'X 12' DINING RIX>>4. 1105 OEfllllEST A'Il: ADD RSf ODS 9600 BLD93-0133 MEYERHOLZ, STEVE AlI1l 12'X 20' SCREENED PORCH lIS OBERLIN ST DIAIIE BLD93-00BS DALE'l.IlCIlS BLD93-QI2S AL GRADY BLD93-0I1B GILL IiUTSCHl(E ADD RSf DOS 9000 ADDITION Of THREE SEASONS 701 NIlIlIWIOY DR ADD RSf PORCH TO REAR Of EXISTING DIlELLINO. o 0 S 7600 14'X'14' SCREENED PORCH. 1222 DUCK CREEK DR ADD RSf o 0 S 6000 .. 8'X 16' SCREENED PORCH. 3324 LOVER VEST BRANCH RD ADD RSf o 0 S 31DD .................................................................................................................................... ADD RSf pormlts: I I S Z4nSO BLD93-0019 DR. LARRY RIGLER, OffiCE REHaiEL fOR THE 521 KIRIMlOO AVE ALT NON D o S 41200 Ill. OfFICE Of THE CONTROLLER Of THE CURRENCY. BLD93'00a0 ST. THOOS HOoRE NEV ELEVATOR SHAfT. 405 N RI'Il:RSIDE DR ALT NON 0 OS 12000 BLD93-0IIZ BllYD, ROOERT, JIIlY REHOOEL EXISTING SPACE 625 S GILBERT ST ALT NOH 0 o S 10000 AND DIANE fOR AN OffICE fllll PRIIlENTlAL INSURANCE. BLD93'0075 ST. WENCESlAUS REHOOEL fROIlT ALTER AREA 618DA'Il:NPIlIlT ST ALT NOll 0 OS B40D Of CHURCH. ''''1 '.' ' "f.'~l .- ,:.,' I' ' /-:.,:' " \J~l ...., ,: .~, " C':.,:,..',.,;:,.<!~ '.-: -~.', ,',' ?'; "::' "-.,',,:'.,: .'...,' " " "., .' '. < ,'.. '. -"'. ,.. 1, " . -", >.' ,', ',I ' , ., - ."...1_" ""'. ,.~_.'_ . ,'. " I': ,,' ',..........',' \, . ,', '/., ,,".; , ~ . I _ " ~. P.glI 2 D.t., 04/05/93 FrQllI 03/01/93 CITY OF ItIIA CITY EXTRACTlOIl Of 1UIL0ING PERHIT DATA fOIl CENSUS BUlIEAlI REPORT .~. To..: ~l311~ P....lt No. ApplfclIlt.- proJa<:t O.,crlptlcn Addr", Type Type Storl., Unth V.luatlon , II,.. U.. .......... .................... ......................... .................... .... .... ....... ..... ............ BLD93-0087 BYllATER PROl'ERTlES CONSTRUCT OffiCE AllO 2415 HEINZ RD ALT NOll '0 OS 3192 ENCLOSE A STORAGE CLOSET WITHIN EXISTING IlAREHooSE. BLD93'0088 PANCHERO'S, INC. REMODEL EXISTING VOHEN 32 S CLINTOII ST All NOlI 0 OS 1400 RESTROOII. ..~.............................._........4........................................................................................................ ALT NON permits: 6 S 76192 BLD93'0094 JANES C LAUGHLIN REMODEL 2ND fLOOR SPACE ~ IIEBSTER ST ALT RAC 0 1 S 3000 OF EXISTING GARAGE TO A DIlELLtNO UllIT. ....................................................................................................................................... , ALT RAC permit., 1 1 $ 3000 BLD93'0D9S DR. NOVAL JAJEH REMODEL UNFINISHED 54 GALLUP PL ALT RSF 0 o S 18000 I BASEMENT. I BLD93'0113 KENNETH E KOBILY REMODEL UllFlNISHED 1128 IIAKl'TOII CT ALT RSF 0 o S 8200 I BASEMENT. 2748 HICKOIlY TR 0 8000 I BLD93-0139 JORDOII, RICIIARD AND REMODEL UllFlNISHED ALT RSF o S I KAREN BASEMENT. I I BLD93-0120 CINDY P.\ASOIIS COlIVERT BASEMENT .\AEA TO 123 DAVENPORT ST ALT RSF 0 o S 2000 1 SLEEPING ROOII. , I BLD93-0114 MCKEATlNG, KELLEY REMODEL UNFINISHED ATTIC 823 RIDER ST ALT RSF 0 OS 1920 i SPACE. NEED TO PROVIDE A MIN. OF 6'~. HEADROOII ABOVE STAIRIlAY. , BLD93'0091 GARY GAETH REMOOEL UNFINISHED 50 RITA LYN CT ALT RSF 0 o S 1500 BASEMENT. .................................................................................................................................... . ALT RSF pel'11lltll 6 $ 39620 BLD93-0129 JAKES IRJLLER DEMOLlTIOlI OF 24'X 24' 1125 SEYKOOR AVE OEM RAC ATTACHED GARAGE. o 0 S o .................................................................................................................................... OEM RAC permltll 1 S , o BLD93-0137 MERLIN HAlIl DEMOLISH 24'x 24' TUO 1102 N DooGE ST STORY HOOSE AND GARAGE. OEM RSF 2 D S D .................................................................................................................................... OEM RSF permltll 1 S o ", I .--~. .....,~._-. -,..v--_....-r-.;.-.,.- -... .....".-...............--....... ..,- ~ ~'~~-:~~!:~l~'~tzI"";':--:-"':~~~'''~':~-'-::r~ " ,t.L, "I'... j<;"'/.., ',1 ',. " .".. ,.... >'>-:,'J>"."-~J":":;':'~~i'::.' "J, tl<'~' : :':', 1.'".f..T,.':/' p,;,: 3 0'111 04/05/93 fr..: 03/01193 To..: 03131193 CITY Of I~ CITY EXTRACTION Of BUILDING PERHIT DATA fOR CENSUS IIJREAlJ ~EPORT ' P,nolt No. Appltc"'l~ ProJecc Ollcrlpclon Addrll' Typo Typo Icorlll Unit, V,lUltlon I"". U.. ...n..... ..................... .......:I..nlll............ .................... .... .... ....... :Ullla -=:U=..lIl1 :~C~!.01!6 ~!KE f1WWI GRADING flll COIICRCIAL 1545 ~ILLlI/ CREEK DR GRD NOlI BUILDING. G G S G ......................................................................................................................................... GRD NON ptl'lllll: 1 S o BlD93.GI26 GREG DOiWI 8 APARTMENTS ~ 6480 725 I CLINTOII IT $,f. DF CC>>lHERCIAL SPACE. NEW MIX 3 as 4750GO BlD93-0066 DANIEL C YEAG.ER 4 APARTMENTS AllOVE OffiCE 2050 1CE0ICUK ST SPACE. NEW MIX 3 4 S 235400 i I I I I l , I. I I I , I I 1 ............................................................................................................................................. NEIl MIX ptl'lllta: 2 121 710400 BlD93-0124 GARY & PAT IWIAH 50'X 113' WlREHOUSE/OfFICE BUILDING. ~ OLYMPIC CT NEIl NOlI o OS 10DOOO ............................................................................................................................................... NEIl NOlI pel'lllc.: 1 S looDoo BlD93.0042 BIIHOI"WlRTM DIJllLEX ClIIIllO WITH M CAR 604 LARCH LN GARAGES '(Unlt' 8 & 9) NEIl Ref 2 S 242447 BlD93-0081 MITCELL'PNIPPS DUPLEX ClIIIllOS WITH TWO 538 LAACH IN BUILOING'DESIGN CAR GARAGES (Units 6 & 7) BlD93.0040 HOOGE COHSlRUCTlOII DUPLEX COH004INILIt WITH 96 JEKA CT TWO CAR GARAGE. BlD93-0111 HOOGE CONSTRUCTlOII DUPLEX COHD04INUt ~ITN 75 JEHA CT ONE AND TWO CAR GARAGES. 75 AND 77 JEHA CT, NEW Ref 2 S 230597 NEW Ref 2 2 S 156740 MEII RDF 2 21 122746 .......................................................................................................................................... NEW ROf ptrnllt,: 4 e S 752530 BL093-0046 I & M PROI'ERTlEI 12'UNIT APARTMENT 402 PETERSON ST NEIl RHF 2 12 S 329000 BUILOING WITH 12 CAR DETACHED GARAG.E. 402-404.406'408.4100412- , 414-416'418.420.422-424 PETERSEN STREET. Bl093-0048 S & M PROI'ERTlES 12-UNIT APARTMENT 450 PETERSON ST NEW RMf 2 121 329000 BUllDINO WITH 12 CAR DETACHEO GARAGE. 450. 452. 454 .456-45 B' 460. 462'464'466.468.470'472 PETERSEN ITREET. 717 .11..1. _ '~-~'.1Io. In .~ ---'l_~~U". --......- ~ - .... - ..---. ... -- '. ..-.., - ....... .,. ','~' d ..... -,'" ,.,_.... "'9' . . .." .f' ': ,',., '- '" .' " , ".,:,t 1:> ''''I'.{ ",,'"',.. < ,: ',' '.,',,. .' '. ;' ", " c " ' -r f ,,' . '. ., , '. . : ,,;, ;. ' . '. ~ ,I .' '; t.: .i~'" \ ':lo, ~':. .",' . <. :'.' '," " ::')','~'. .",1. t". , ......, I' I,',' '".JI", . ,. -,. ", . . I . PIg.: 4 CITY 0' 1a.lA CITY DIl': 04/05/93 EXTRACTlOIl 0' IUILDING PlRIUT DATA '011 ... 'r...: 03/01193 CENSUS IlmEAU REPORT To..: 03131/93 PIl'ftlft Applicant I\Mt Project Daacrfptlon Addr"l T)'pI T)'pI Storl.. Unitt VIIUltlon No. fllpr U.. .......... .................... ......................... ........n.......... .... .... ....... ..... ............ BLD93.D049 S l M PROPERTIES I!-UNIT APARTMENT 401 S SCOTT BLW NEll IMf 2 11 S 329000 BUILDINO WITH 11 CAR DETACHED DARAGE AIIll OffiCE SPACE WITH DETACHED DARAGE.401.403. 405.4070409-411.413-415. 417'419.421.423 SCOTT i IlWLEVARD. I ! BLD93.0050 S l M PROPERTIES 12-UNIT APARTMENT 429 S SCOTT BLW NEll RMf 2 12 S 329000 I BUILDING WITH 12 DETACHED I DARAGES. 429.431.433 '435.437.4]9. I 441-443-445-447.449.451 ! SCOTT IlWLEVARD. i BLD93-0051 S l M PROPERTIES 12'UNIT APARTHENT m S SCOTT BLW NEW IMf 2 12 S 329000 BUILDING WITH 12 CAR DETACHED DARAGE. 457.459.461'463.465.467. 469.471'473.475.477.479 SCOTT IlWLVEVARD. BLD93.D052 S l M PROPERTIES 12-UNIT APARTMENT 501 S SCOTT BLW NEll IMf 2 12 S 3290DD BUILDING WITH 12 CAR DETACHED DARAGE. .... 501.503.505'507-509-511' 513.515'517.519.521.523 1 SCOTT BIXILEVARD. ........................................................................................................................................ NEll IMf pel'11lltt: 6 71 S 1974000 BLD93.0103 SCHINTLER BROS. S.f.D. WITH TIoO CAR 3675 fOXAllA DR NEW RSf 2 I S 188362 COOSTRUCTlON DARAGE, .. BLD93-0096 D l L CONSTRUCTiON S.f ,D WITH TWO CAR 1916 fLAJUGAN CT NEW RSf 2 I S 1800DD GARAGE. BLD93.0100 JEffREY L MiLLER S.f,D. WITH TWO CAR 1915 FLANIGAN CT NEW RSf 1 S 16DDOO DARAGE. BLD93'0090 HILL l SAYLOR S.f,D. WITH TIoO CAR 1925 fLANIGAN CT NEW RSf 2 I S 126944 CONSTRUCTION GARAGE. . BLD93.0109 BISHOP'IIARTH INC. S.f.D WITH rue CAR 717 CHESTNUT CT NEW RSf 2 1 S 125437 GARAGE. BLD93.0117 GEORGE W MULLEN S.f.D WITH TWO CAR 818 PEPPER DR NEW RSf 1 S 123000 GARAGE. BLD92-0142 EAAL YlXIER S.f,D. WITH TWO CAR 59 ULINO DR NEW RSf 1 S 117486 ClNISTURCTlON GARAGE. 117 - P"t.' ~..... i " 1 "....... ."..-'-- .. .. .....-T~-- ':' . . -.;. .. '::: , "'., ;;H/-:--' "~ttrJ, , ,,;," ,," ".' ,i': ':.., .,,:', , . FJ '. 'I,,' .' i ..' I'J . _' ~ " ",. ~.~ ,;);J.,' ,":'~\":~~""\",'~~.,..,<\':,I~....\.:'":":'''", "~,'"'. ":', P.ge: 5 D.te: 04/05193 Fr...: 03/01/93 To..1 03/31/93 '''''', CITY OF IOWA CITY EXTRACTION OF BUILDINO PERMIT' DATA FrA! cmuI BUREAU REPOIIT P.ral t Aflpll cant .- No. pro)..t Dllcrlptlon Addr... '.i..' .. T)llt T)llt Itorf.. Unite V.luarfon Iqlr U.. BlD93-0132 BEN CHAIT I.F.D UITN T\!O CM GARAGE. .......... .................... ......................... .................... .... .... ....... .",,!~ ~-;;ii....... "5147 BlD93-0127 RON HAXllelL M.D. UITH TIl:l CAR GARAGE. BLD93.0116 PIERCE, GARY AND LINDA I.F.D UITH TIl:l CAR GARAGE. BLD93-0141 C & H IHVEITMENTI I.F.D UITH NO GARAGE. BL093-0084 ANN BURKE I.F .0. WITH TIIO CAR GARAGE. BL093-0074 HEADM COlITRUCTlON I.F.D. WITH TIl:l CAR GARAGE. BlD93-007B HEADCII CllIIITRUCTlOII I.F.D UITH TIIO CAR GARAGE. \1 BLD93-0119 ITEVE BRENNElWI I.F.D WITH TIIO CAA GARAGE. ~ ;. " '\ I, i.. BLD93'0m LENZ, DON AND MAAY S.F.D. UITH TIl:l CAA GARAGE. " If t ~ BLD93-013lIlALDEN IIOCll ASSOCIATES M.D. WITH TIl:l CAA GARAGE. BLD93-0068 PAT HOOIlE COIlSTRUCT 1011 S.F.D WITH lll:l CAA GARAGE. iiiiS FLANIGAN CT 2272 HICKORY CT 1936 FlANIGAN CT 111 EVANS ST NEW RSF 2 HEll RSF NEll RSF 2 NEW RIF 2 1241 PHEASANT VALLEY NEll AIF ST 2517 IIHISPERING PRAIRIE A 2450 ASTER AVE NEll ASF NEU RSF ,1 915 PEPPER DR NEll RSF 2 640 SANDUSICY DR NEll RSF 2611 IlALDEN RD 1037 II1:EBER ST BLD93-0098 FRANT2 CllIISTRUCTlOII S.F.D. WITH TIl:l CAA 1843 lAKESIDE DR GAAAGE. . BLD93-0071 S & ~ PADI'EATlES S.F .0. UITH TO CAA ;871 JEFFAEY ST GARAGE BLD93'0072 S & H PAOPEATIES S.F,D. UITH lll:l CAA 1861 JEFFAEY ST GARAGE . ZEAO LOT L1HE. BLD93-0044 S & H PADI'EATlES S.F.D WITH Till CAA GARAGE Bll II1:ST SIDE DR . IEAO'LOT'LINE. BlD93.0045 S & H PADI'EATIES S.F.D WITH TIl:l CAA B21 II1:ST SIDE DR GARAGE. 2EANONINE. BID93-0097 FRAlITI CllIII1AUCTlOll $,f.D WITH lIl:l CAA GARAGE. BLD93-0123 FRAHTI CONITAUCTlOII S.F.D WITH lll:l CAA GARAGE. 1742 LAkESIDE DR m4 LAkESIDE DR NEU ASF 2 NEU AIF NEU RIF NEW ASF NEW RSF 2 1 I NEU ASF 1 S NEW RSF 1 S NEW ASF 1 S NEW RSF 1 S 1 S 1 S 115000 IS 103331 1 S 101250 1 S 97890 1 S 95000 1 S 95000 1 S 90000 1 S 88749 1 S e2849 1 S 81766 1 S 78611 1 S 78222 7B222 75877 75877 74804 72n4 7"., \ . -- - r.....,' --'1'- ....... ~- - '-..,..- -_. ,_ . ..". " ....t, . . .,' ','., ':ZIl' ';:1'::..... '.: ....,/: ',' . . '. ,.,' ',.:' ::,'.:::)ir::: ','r': ::'.':-~~a';'.',:.:;~<:"" '::"., ' ': ":.'.',;; ,\.' I , I I I I ! ~I ~ , , , l I ...~ It Plgl: 6 CITY.Of JQIA CITY Oltl: 04/05/93 IXTRACTlON Of IUILOING PERMIT DATA fOR .' fr.-: 03/01193 cmul IUREAU REPORT To..: 03131193 ~. .. PltIIl! AjlplfclII! Il!!OO Ffojocl Omrlptlon Addr"" Type Type IIOrl" Unltl Vlluetlon I No. I"", U.. .......... .................... ......................... ................... .... .... ....... ..... ............. BL093-0107 JIM STETUL S.F.O. WITH TWO CAR 2420 WHISfERING NEW RSF I I 63764 GARAGli. URo-LOJoLINE. PRAIRiE AVE BLD93'OID8 JIM STETUL 1.f.0 WITH ONE CAR 18 BLUE STEM CT NEW RSF 11' 5B16O GARAGli. URo-LOJoLINE. BL093-0D82 PAT HARDING S.F.O WITH OIIE CAR 2504 WHISPERING NEW RSF 1 I 51052 GARAGE. URO'LOJoLINE. PRAIRIE A BLD93'0D83 PAT HARDING S.F.O. WITH OIIE CAR 2512 WHISPERING NEW RSF I I 51052 GARAGE. 2ERO LOT LINE. PRAIRIE A BLD93-0IOI ALBERTA HARDING S.f.O WITH OIIE CAR 2520 WHISPERING NEW RSF I S 51052 GARAGli. URO.LOT'LINE. PRAIRIE A BL093'0102 ALHERT HARDING S.f.O WITH OIIE CAR 2528 WHISPERiNG HEW RSF 1 S 51052 GARAGE. ZERO'LOT'LINE. PRAIRIE A ........................................................................................................................................ NEW RSF penolu: 31 31 S 2947680 ...... ............ TOTALS 123 I 6860672 : ,." . r.__ -, --. ~- ....~ ,.". - - .--r-...... ,_ ... .... .."......r--w. :':,;,:, ';f'~':':'!';':"" ....,..~... '.",::::;3": :" :.' > ::-,\'",.,",:::: :;-", ~'''. :: ,', :./ ': ':,~. ,:..1' / ,"1t~; ;."'>,' , :~..,.', ",'.:' '_"T' ",.., ',I\l. "..l~.... .... "" _ ."..' . ", i ' :.' " . '.1 I ., " . " M~"n..'~ Vnllth C.....-I_yment- urogram --._,'W'. v . _....... ..IIII-'IU r. 410 IOWA AVENUE. IOWA CITY. 1A.52240 . 35e'5410 . FAX 337'7999 March 29, 1993 ~'-: . C ... ea; &-~ Barry Kucera, President Mayor's Youth Employment Program Advisory Board Mayor's Youth Employment Program ,410 Iowa Avenue Iowa City; IA 52240 Dear Barry, After 11 years of personally and professionally fulfilling service as the' Executive Director of the Mayor's Youth Employment Program, I have decided to reSign from my position to pursue other Interests. I will remain with the program through May 31, After that time, the staff of the agency m.ay feel-free to consult with me If .the need arises. , .' \ As I look back over the years, I am deeply touched by the unique opportunity I have had to work with many interesting and committed staff members, board advisors, human service providers, and; of course young people. I feel I have received a great gift by having been a part of the lives of so many fine Individuals. .I'm sure It will come as no surprise to you thatllntend to devote my efforts to the activities of Iowa City Road Races, Inc., to complete' my masters, and to devote more time to my family. A restricted gift offered In furtherance of my full time status' , with the races has created a wln'dow of opportunity for which I am most excited and grateful, Although this has been a difficult decision for me, I think both Mayor's Youth ,. and the ICRR will benefit from by ability to focus my energies and talents towards this I.mportant endeavor, In my capacity with the Road Races, I will continue to act as an 'advocate for Mayor's Youth and encourage Individuals to raise money for ihe agency. I believe that I can playa more significant role as, advoca!e outside the agency, CELEBRATING "25' YEARS I OF 'SERVICE TO' YOU T H · I'N . J 0 H N SON' CO U N T Y '"'1 \ : "; " :',': 117.,,' ,:',:;,',:"'" ~;21,',', ,,'):::1; ,', ",:.', ,', :,',: \:" .:':'.': .\ . .~:.", ,".':.... ",:ZJ:..,. ~.,3l' .'.., ! \', ' . ',. > ,d.,"" ','. \'. . l' ," . '. " Letter to Barry Kucera Board of Directors Mayor's Youth Employment Program Continued 2 Thank you for giving me the opportunity to serve the Mayor's Youth Employment Program and to participate in increasing and expanding the employment opportunities for the young people of Johnson County, I look forward to continuing to work with you in my new capacity and wish you every continued success serving youth of the community; our future leaders, I, :, 1 i I I i' i: r~: Peg McElroy Fraser Executive Director 'i i~ " I' ,I .\,.) ~j \: I' (. f ! PMF/pmf , . \. , :' .., I ~ I " '!j., l,.'S i ..~ I.. " ~,_ .',..~ J , .. \ ." ., t. .,( -I ,.'" ....~~.r!. ....J . p,:". - 11' '.' : """",': "', "I",";;;ri',j ;,tY,", ":,:"'::, , : ",<",,:-" ,.r;<t ;: ,::', ':"=~',; ,,' t,~~::, :',::7]':,"'" '~'. .;:,;, :>,: :>:,C'" " r, ""L;", t.,:"", ',''!'''''', ,,1, " ,', " ' " "" '. ,j '. State Historical Society of Iowa The Historical Division of the Department of Cultural Affairs rJt ::'::~::3,un' n....' ~~ ~ ~/~ 410 E. Washington Iowa City, IA 52240 RSI Schindhelm-Dre~s House, 410 N. Lucas, Io~a City, Johnson County \ Dear Hayor Courtney: We are pleased to inform you that the &bovs named property, which is located within your community, will be considsred by the State National Register Nominations Review Committee for nomination to the National Register of Historic Places on Hay 7, 1993. The National Register is the Fsdera1 Government's official list of historic propertiss worthy of prsservation. Listing in the National Register provides recognition and assists in preserving our Nation's hsritage. Enclosed is a copy of the criteria under which properties are evaluated. Listing in the National Register provides the following bsnefits to historic properties I --Consideration in the planning for Federal, fsderal1y licsnssd, and federally assistsd projects. Section 106 of the National Historic Preservation Act of 1966 rsquirss Federal agencies allow the Advisory Council on Historic pressrvation an opportunity to comment on projects affecting historic properties listed in the National Register. For further information please refer to 36 CFR 800. --Eligibility for Federal tax benefits. If a property is listed in the National Register, csrtain Federal tax provisions may apply. The Tax Reform.Act of 1986 revises the historic preservation tax incentives authorized by Congrsss in the Tax Reform Act of 1976, the Revenue Act of 1978, the Tax Treatmsnt Extension Act of 1980, the Economic Rscovery Tax Act of 1981, and Tax Reform Act of 1984, and as of January 1, 1987, provides for a 20 percent investmsnt tax credit with a full adjustment to basis for rehabilitating historic commercial, industrial, and rental residential buildings. The formsr 15 psrcsnt and 20 percsnt investment Tax Credits (ITCs for rehabilitations of older commercial buildings are combined into a single 10 percent ITC for commercial or industrial buildings built bsfors 1936. This can be combined with a 15-year cost recovery period for the adjustsd basis of the building. ,Csrtified structures with certified rehabilitations receive additional tax savings because owners are allowed to reduce the basis by one half ths amount of the credit. (The Tax Treatmsnt certified structures with certifisd rehabilitations rsceivsd additional tax savings because ownsrs are allowed to reduce the basis by one half the amount of the crsdit.) The Tax Treatment Extsnoion Act of 1980 providss Fedoral tax dsductions for charitable contributions for conservation purposoo of partial intorests in historically important land areao or otructures. For further information plea so refer to 36 CFR 67. --Consideration of historic valueo in ths dscioion to issus a surface coal mining permit where coal is located, in accord with ths Surfacs o ~02 low., Avenue low., City, low., 522~O (319) 335.3916 'ill C"pitol Complex Des Moines, low., 50319 (515) 281.5111 o Mont.,uk Box 372 Clermonl, low" 52135 11i'1\ J'1.7171 11~ , \ 1';', '. ::,~.,..!, . '!.....-.,. ~ . ;"'. """"""L\:"'.,',.\ 'L '" -, , ,'~I,' "LJi' "',' " " ' . , /'::~;',r~!:':'(: (;:i,::: ;'.',~:iI>: :i;Gr,':,",':,.., " ..,,: ,: '::, :,':;":': Page 2 Mining and Control Act of 1977. For further information please refer to 30 CFR 700 et seq. --Qualification for Federal grant. for historic preservation when funds an available. Owners of private properties nominated to the National Register of Hietoric Places have an opportunity to concur in or object to listing in accord with the National Historic Preservation Act and 36 CFR 60. Any owner or partial owner of private property who chooses to cbject to listing is required to submit to the state Historic Preservation Officer a notarized statement certifying that the party ie the sole or partial owner of the private property and objecte to the listing. Each owner or partial owner of private property hae one vote regardless of what part of the property that party owns. If a majority of private property owners object, a property will not be listedl however, the State Historic Preservation Officer shall submit the nomination to the Keeper of the National Register for a determination of the eligibility of the property for listing in the National Register. If the property is then determined eligible for listing, although not formally listed, Federal agencies will be required to allow the Advisory Council on Historic Preservation an opportunity to comment before the agency may fund, license, or assist a project which will affect the property. The state Nomination Review Committee will review this property for poesible nomination to the National Register on May 7, 1993. The meeting will take place at the Daisy Wilton Inn, 412 Walnut strsst, Watsrloo, Iowa. A meeting agenda is enclosed. If you wish to comment on whether the property should be nominated to the National Register, please send your comments to this office. Commente must be received prior to the scheduled mssting date. Should you have any questions about the National Register of Historic Placee, or about thie nomination in particular, please feel frse to contact me at the Historical Building, 600 Locust, Dee Moinss, Iowa, 50319 - (515)281-4358. \\ncer~~L J~E. Ja~nbsen, Chief Bureau of HIitoric Preservation JJ/ll Encloeuns 179 - P'!.' V........- "... - ....-. - I i i I I i I , i , , , i " , i 'i i' " , I: t,: ,. , i i "" r....... ..... i;' " , "~;'" ::", ",.';;:1 ! ',t3' ',',' ", ': " ,)," ,', " :,',\:<~.~.t','; ,':::'~'" '::";:,;~~::r '.- ,:!ui :,:,'":/...,:....:,::"",, ,,:' ':::( :"';~: r ~ ":A.. TERRY E. BRANSTAD, GOVERNOR DEPARTMENT OF NATURAL RESOURCES LARRY J, WILSON, DIRECTOR March 31, 1993 Mr. Brad Newnan Solid Waste Management Planner City ofIowa City Iowa City, Iowa 52240 Dear Mr. Neuman: The Waste Management Division of the Iowa Department of Natural Resources has completed its review of the proposals for the Fall of 1993 Toxic Cleanup Days, I regret to inform you, that your proposal was not selected for the Fall of 1993 Household Hazardous Materials ProgramfToxic Cleanup Day Event. It is our intention to assist eve!)' county in the State ofIowa wishing to sponsor a Toxic Cleanup Day. We received 18 outstanding proposals, because of limited funding, we are unable to sponsor eve!)' county requesting to host a Fall Toxic Cleanup Day. Only a limited nwnber of counties are selected each season to host such a costly event. If you wish your proposal to be placed on file for consideration for the Spring of 1993 Household Hazardous Materials ProgramfToxic Cleanup Days, please submit a letter to me staling vou wish to have vour proposal considered for the Soring of 1994 events, Any additional infonnation or letters of support, may be submitted to supplement your proposal, ,...",!y, ~ ~ - Chief, Waste Reduction Bureau W' ~j . Waste Management Assistance Division . ~ (j fA);14.. TBlog ,;:: , 1m iJr kM< WALLACE STATE OFFICE BUILDING 1 DES MOINES'~91 ~B 1 :51451 TDD~7 7ft) .-r:' 'Of'... ... ...--~......-~ .".-'~- \ - ... -.---~-.-~- "--r .,...,-..----...~----...r'V",.~ .. ~ -...,..- -- ......--- ~ ___~- ::'~:,:Fr' ; A'; :L, ;:'>:iR:;':,::,,:i"l,'.:' ':',':/.:.: ':.. ,,\>, ":"':":'~';:' :~"~l,~~...,_,~.~:'..,'\"'.:""",,'\~~',,_: ~,j,...,'''~:\ ',' .'"~',',:,:,, '.;. ",':' Mr. Roger Anderberg DOT-Local Systems Office 800 Lincoln Way Ames,IA 50010 ~~~ ~~.~~~ ~a- r -.._ - - _... - March 30. 1993 re: Melrose Avenue Bridge & Road Reconstruction in Iowa City i ; ! I \' Dear Mr. Anderberg: We are writing on behalf of the Melrose Avenue Neighborhood Association, a neighborhood organization recognized by the City of Iowa City and consisting of citizens and property owners in the vicinity of the proposed Melrose A venue Bridge and road reconstruction project in Iowa City (Ref. No. BRM.4066(l)--8N.52, Iowa City, Melrose Avenue over II RR). We were pleased to learn that the Depanment of Transportation has recommended to the FHA that the categorical exclusion/environmental clearance previously approved in connection with the Melrose A venue bridge project be rescinded, thereby necessitating an Environmental Assessment as well as an assessment of impacts to historical properties resulting from the proposal. We were also encouraged by the DOTs recommendation that at least three. and hopefully five, alternatives to the four. lane bridge option be considered. Both actions speak to points that members of our organization have made repeatedly: that the impacts resulting from the bridge proposal and street widening have not been fully addressed, and that the failure to look at alternatives has prevented a full consideration of options available to the community, We are writing to inform vou that our neighborhood association wishes to be formallv included in the process -as it unfolds. We view the process as providing an opportunity for all interested panies to work together. As such, we request that our association be: I. informed in a timely manner of what will be involved in the environmental study (in whatever form that may take); and 2, included in all meetings and discussions that are to be pan of the environmental study. On behalf of our association. we are willing to act as a means for distributing information to interested panies in the Iowa City region of Melrose A venue neighborhood near University Hospital. Thank you for your consideration. W.e look forward to your response, Truly yours. lut,..." Q,WidwJlO ' , Jonfi; J~~i~~~~~;~~'~n~~;'-''''~~'~ Co'-Presidents. Ylelrose A venue Neighborhood Association 629 Melrose A venue [owaCity,IA 52246 319/354.4171 copies to: Reps. Yl. Doderer, M. Neuhauser. and R, Dvorsky Sen. J, Lloyd-Jones and R, Yarn Mr, L. Richardson. Mr, L. Soike. Mr. S. Atkins, yls. Yl, Klingaman, Mr, Wallace Taylor, 7f/ ~ F- r-r ~~........ - - ~-r- ... ~ , ~ ~", '~"~'" .",'... :',~..:' "',:"..~.;9- ,,', ,; 'iB....',,.'::-'" ,'"' i':,:r7'-:~ '-:~' ':':> ,t . ".1' 'i' " ' " , , , ,'_,' " ~,"~,~..'.~,I~:',",' ~~I'~7,i,' ,.\>~.i' .,: \ :"l"~""" :'. ::. :.C~ " '.; > JUHN~UN CUUNr] ~UDjrU~ r~L:~I~-~50-00~6 flpr 05,93 \ ~ ;' " I. ,/ \ ,rUllllson (,'uullf,' _ \ IOWA~> .... ~ .."..- 9:43 No,005 P.OI/Ol ;\'\~, \~\~J, BOARD OF SUPERVISORS Patricia A, Meade, Chairperson Joe Balkcom Charles D. Duffy Stephen P. Lacina Belly Ockenfels April 6, 1993 , INFORMAL MEETING Agenda 1. Call to order 9:00 a,m. 2. Review of the minutes. . : .~~ I.!l , W 0 ;::. -- .,""J V '1J >=i :::J C'1-< r -- 1 U1 o;=a -I" J :<. ;::. m :"f'Tl ::c J. 0;0 '~ ':3 ::E;:;: j> 0 0 3. Business from Cheryl Whitney, Area Administrator for Department of Human Services. \ a) Discussion re: Local Purchase Amendment. b) Discussion re: Cluster Board, c) Olher 4. Business from the County Attorney. a) Discussion re: agreement wilh slate storage tank fund program and city of Swisher concerning D & G Oil Company sile, b) Other 5. Business from the Board of Supcrvlsor.~. a) Reports b) Other 6. Discussion from the public. 7. Recess. 913 SOUTH DUBUQUB ST, P.O. DOX l3S0 IOWA CITY,IOWA 52244-1350 TeL: (319) 356-<1000 PAX: (3U) 35~86 7g~ ---.,,-.--------.---..- .....-.--.~- ..~........ - - '-r- ,.. ,.~ .. ......,... _ r'" , ;', ':, L~.""..;,J":;, {Ii",;, ,iLl.'" :' '...., ':",::' -: ,,',' ,~" :~'", ", ::\: ",fLf;,:'",':, :;,>," <::1:' ' :;01, ',:" :', ,.':' :,,',,' "';'.',"':':i JOHNSON COUNTY AUDITOR TEL:319-356-6086 Apr 07.93 8:45 No,004 P,01/05 JululJon Cawlly _ \ rOWA ~> BOARD OF SUPERVISORS i Patricia A. Meade, Chairperson \ Joe Bolkcom I Charles D. Duffy i Stephen P. Lacina , , , Betty Oclcenfels I I I April 8, 1993 ! , I FORMAL MEETING I I Agenda I i 1. Call to order 9:00 a.m. I , I , 2. Action tC: claims I , 3. Action re: minutes ~ J , " , 4, Action re: payroll authorizations " i I , " ! 5. Business from the County Auditor. ! \ I a) Action re: . I pernuts I b) Action re: reports c) Other 6. Business frOI\1 the County Attorney. r l.O 0 ("J :'E(j ;:,. " i"J >- ;;;;; -! n..... I ~:'_.. - . --.J, _.. -:'1 J -"- ." ::. fTJ _G'T ::l: 0;;;;)' ':I -- '-E ~- " > (JI C'I a) Discussion/action re: agreement with state storage tank fund program and city of Swisher concerning D & G Oil Company site. b) Executive Session re: S.E.A,T.S. collective bargaining strategy/discussion/action. c) Report re: other items. 7. Business from the Board of Supervisors. a) Motion approving Local Purchase Amendment, b) Other 913 SOUTH DUBUQue ST, P,O, BOX 1350 IOWA CITY, IOWA 52244-1350 TIlL: (319) 356,6000 PAX: (319) 356.6086 1'1 ;).. -y- - - ~.-~ '~~, :f'~' ::,-, ::':,' '",::,'~">,:,::'t~'::: "',"',,' :, ',:':,"i' "'-:'':'' J.."'. ' . .' j/..: .. I oj ~ t '( " , ' , ,.,' .,' ( . >,'~>,'.".,"""Jl"- .,;.~\,~..:>':'i :It,.;..~::,I:::..,,...,~:I,,.''.''' ':,'."1,";::' ':,.". ,":l,;" JUHN~UN CUUNf, HUDliUK iCL:jlj-jJO-DU~O Hpr U:,gj ~:d6 NQ,OOd P,02/05 Agenda 4.8.93 Pllge2 8. 9:30 a.m. - Public Hearing on Zoning, Platting and Conditional UselPermit applications: a) Discussion/action re: the following Conditional UselPermit. 1. Application CU930 I of the Fred Carlson Company, Decorah, signed by Larry Skretta, requesting a Conditional Use Permit to operate a temporary crushing and concrete plant on the Paul Hemingway property located in the NW 1/4 of Section 12; Township 79 North; Range S West of the Sth P.M. in Johnson County, Iowa (This property is located in the southwest corner of the intersection of Lower West Branch Road NE and Herbert Hoover Highway NE in Scott Twp.). b) First and Second consideration of the following Zoning application:, \ I. Application Z9306 of Dennis Erenberger, Ely, owner, requesting rezoning of approximately 1.99 acres tract of a S.O acre parcel from AI Rural to RS Suburban Residential of certain property described as being in the SW 1/4 of the NE 1/4 of Section 3; Township 81 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This property is located on the east side of Polk Avenue NE, 1/2 mile north of its intersection with 120lh Street NE in Big Grove Twp.). c) Discussion/action re: the following Platting applications: 1. Application S8138 of Schroth Farm Corporation, signed by Charles A. Mullen, requesting preliminary and final plat approval of Schroth Subdivision, a subdivision of certain property located in the SE 1/4 of the SW 1/4 of Section 16; Township 78 North; Range 8 West of the Sth P.M. in Johnson County, Iowa (This is a I-lot, 10 acre, flRmstelt1l .......... :::- split located on the north side of S20th Street SW, Z;~il;s "-:'1 west of Fry town in Washington Twp.). <"':-( ~ ....,,, ;-<c =:=. _1'1 ::: O:::J .-- lO ~...:"" I. ..;.. (.11 C'\ ..".. ><;.b' J .'71 7:J 1 I i 'fa. 111!' v..... ~ y-- - ... ..........~. .......,~ :','i:,..,~ 'l~': ':,:, ,~d,:: ":,~;;,'/:("::, ~:;'-I'~:":,__-::~~-'~'~~,~ ,";,:,> ,:::'" .~. I, '. ~,,,,\, " ~':;."\. ,.~.. ;"ll', "I "., '<~1,'~:, : \'.: J',\'~ '\..'~' '~"., "'~\; JOHNSON COUNTY AUDITOR TEL:319-356-60S6 Apr 0,.93 8:46 NQ,004 P,03;U5 Agenda 4-8-93 Pllge3 2. Application S9242 of Earl D. Amelon, Jr. requesting preliminary and final plat approval of Amelon Subdivision, a subdivision located in the SW 1/4 of the NB 1/4 of Section 33: Township 79 North; Range 8 West of the 5th P.M. in Johnson County, Iowa (This is a I-lot, 1.3818 acres, farmstead split located on the north side of Black Diamond Road SW, approximately 1.0 mile west of Windham In Hardin Twp.). 3. Application S9268 of Dawn Willey requesting preliminary and final plat approval of Willey's First Addition, a subdivision located in the NE 1/4 of the NE 1/4 of Section 24: Township 81 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This is a 2-lot, 10.074 acre, residential subdivision, located on the north side of Sandy Beach Road NE, approximately 1.0 mile east of the intersection of Sandy Beach Road NE and Lake Manor Road NE in Jefferson Twp.). \ 4. Application S9293 of James W. Stockman requesting preliminary and final plat approval of a Subdivision of Lot 1, J and S Subdivision, a subdivision located in the NW 1/4 of the NW 1/4 of Sect,ion 10j Township 78 Northj Rangc 6 West of the 5th P.M. in Johnson County, Iowa (This is a 2-lot, 6.32 acre, residential subdivision located on the east side of Oak Crest Hill Road SE, approximately 1/4 of a mile south of the intersection of Oak Crest Hill Rd SE and 480th Street SE in Liberty Twp.). 5. Application S9305 of Paul W. Snyder, requesting preliminary and final plat approval of Snyder Subdivision, a subdivision located in the E 1/2 of the SW 1/4 of Section 25; Township 78 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This is a I-lot, 15.83 acre, farmstead split located on the north side of ~Otll &!l'eet SE, 3/8 of a mile cast of the intersection of ~Rth ~re~ ' SE and Sand Road SE in Pleasant Valley Twpf~ ~ :2 :::;c; -oJ r-- :-<,- ::.-. _r.-t - ~ ~1 I 0;:' - .,.. :;:;:\ ~!J ..-aJ "'..... I. "" '".11 :n 7'~ - .-.:;" v..............,............. .".- ------ - .. ..-----....~- .....". ...,...,..~...--r-......... ,.~ .. ~ -..,.-------...---- ::',:>~', ";,' .,' ';:,,'~"" ,:~t", ", "',,",,,,'," :":,,,;' ,:":, ":,'; , ' , ".1, '. ,,~, ~,. ',,:' " ".', ., ;<' . ': . I .,' ': '.. ' '. j, ~. " ':, I, '," ,"',', " ,; ~'" ".t "," ", ". " :~,.", Ie, , ' " '.. '( , , : " . "l'~' ,'.' I'\I~ .' ".',,' I' l ., " . ,. JOHNSON COUNTY ~UDITOR TEL:319-356-6Q86 Apr 07,93 8:47 No,004 P.04;OS Agenda 4-8.93 Page 4 6. Application 59311 of Arthur and Carlene Altman requesting preliminary and final plat approval of Altman's Subdivision, a subdivision located in the SE 1/4 of the SW 114 of Section 2; Township 80 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This is a 3-lot, 10.24 acre residential and commercial subdivision located north of the intersection of Jordan Creek Road NE and Sugar Bottom Road NE in Newport Twp,). 7. Application S9312 of Raymond G. Owens requesting preliminary and final plat approval of Owen I s First Subdivision, a subdivision located in the SW 1/4 of the NW 114 of Section 22; Township 81 North; Range 8 West of the 5th P.M. in Johnson County, Iowa (This is a I-lot, 3.89 acre residential subdivision located on the northwest side of Derby Avenue NW, 1/2 mile north of the intersection of Amana Road NW and Derby A venue NW in Monroe Twp.), \ 8. Application S9313 of Clifford H. Hess requesting preliminary and final plat approval of Hess Subdivision, a subdivision located in the SE 1/4 of the NW 114 of Section 31; Township 79 North; Range 8 West of the 5th P.M. in Johnson County, Iowa (This is a I-lot, 6.84 acre farmstead split located on the north side of Black Diamond Road SW, approximately 1/2 mile west of the intersection of Black Diamond Road SW and Black Hawk Avenue SW in Hardin Twp.). 9. Application S9314 of Jolm W. Osland requesting preliminary and final plat approval of Osland's First Subdivision, a subdivision located in the SE 1/4 of me N\\'B 114 of Section 17; Township 81 North; Range 7 W~t gg ':) tbl' 5th P.M. in Jolmson County, Iowa (This is :w-a-lo.1 '~ 3'1.66 residential subdivision located on the soutlw!1~ si~ i of Cou Falls Road NW, 1/2 mile south of the illt~tion . ......- ~o of 140th Street NW and Cou Falls Road NW in leffersgp Twp.). :;) v ..." , . ~ ") 7f a.. ~' v,... -y"""""~ -- .,,-'---------,.-- ................-...- .....,,.-~ ........-,....... - - ..~ .-. ,. \ .. ~ T - ..- .....,.. -- - .... \ \ ".:".':.':'f';l'~ ;'.':i ,,': .~,,, .. ":':::8-"'::," ~ ..',',":",":'" ",:",,:,' ~,' " ,I J' \ 'I' '. 'I ' . - " , ,. \ . ' " " J,". " ' :.' , j, '.1",,' " " \,i)~ .' .',.: : . ,\ ' ,. " .,',.....-:.', I" "1!,.., .,.., '. ,',' . .... . ' "," J'; I I '. ,. , ',,' .. ' I JUMN.UN ~UUNlj HUU1IU~ Ic~,~,j-~JQ-OVOQ MPI' L11 I;),) v' 4v 1'~iJ. uu~ r. L.:'I L':' Agcnda 4-8-93 PallC 5 ~ 10. Application 59315 of Cynthia M. Asmussen requesting preliminary and final plat approval of Moonbeam Ridge, a subdivision located in the NW 1/4 of the NW 1/4 of Section 13; Township 80 North; Range 8 West of the 5th P.M. in Johnson County, Iowa (This is a I-lot, 20.00 acre farmstead split located on the south side of 260th Street NW, approximately 3/8 of a mile east of the Intersection of 260th Street NW and Echo Avenue NW in Oxford Twp.). I , i I I ! I I I . I I 11. Application S9316 of Lindsey Estates Inc., signed by Todd W. Hansen, requesting final plat approval of Lindsey Estates Subdivision, Part One, a subdivision located in the NW 1/4 of the NW 1/4 of Section 15; Township 81 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This is a l.lot, 14.11 acre residential subdivision located on the southeast side of James Avenue NE, one mile south of the intersection of 120th Street NE and James Avenue NE In Jefferson Twp,). 9. Adjourn to Informal meeting. a) Inquiries and reports from the public. b) Other 10. Adjournment. - \D 0 W :-:~ ;::. v =:J ~::; ~ ~-~ I :.~ -i'.; -..J J". :<1- ~ ""' _/OJ , .J 0::0 '."., --. \? ",) S~... > 'J1 en 7ra. P'!.... .,. ....,- \ ..... -- "....-~ --,. r..............-...- ........ ~-~ -.............., --.. - - . - r- -- .,.- .. -T- r- .....,...._ ::!',,~...\LTI>,:,;);':,-,','~:>,'~I/ 'Jr.i:",', ", ':, :~:':, ::":'0':: ",': ',:: :::,:'" ;;II"'v:i','l11\ '.,.\,J;",....,~0 :', l',/~\",:.. d ',' ;'~ :",' ::,' City of Iowa City MEMORANDUM Date: April 9, 1993 To: Stephen Atkins, City Manager From: Don Yucuis, Finance Director ~ Joe Fowler, Parking System Superintendent:J7:' Re: Capitol Street Parking Ramp During the past nine months the City of Iowa City has made two changes in the Capitol Street Ramp that have affected the demand for parking in this facility. Rates were increased in July and restrictions were placed on the lower parking levels in August. In July parking rates were increased in the Central Business District (CBD). The increase was to fund the new parking structure located south of the Civic Center., In eddition to increasing revenue, this rate increase also attempted to influence parking patterns. The ~apitol Street Ramp and CBD meters were increased to $.50 per hour. The hourly rate in the Dubuque Street Ramp was increased to $.45 per hour with a daily maximum of $3,60, Outlying long. term meters remainad at $,30 per hour to encourage long-term parkars not to bring vehicles into the CBD. Thera was an immediate reaction to these changas, Hourly parking decraased in the Capitol Street ramp end incraased in the Dubuque Straat Ramp and the long.term meters south of Burlington Street. In August parkers adjusted to the increasad parking rates and parking patterns in Capitol Street and south of Burlington retur"~ ! to their previous levels. In August parking was restricted on the lower three levels of the Capitol Street Ramp from 6:00 a.m. until 10:00 a.m. This action was taken after a series of meetings with CBD merchants. A majority of the merchants at the meetings felt the public had the perception that the ramp was full when the lower levels were occupied. They requested the City take some action that would guarantee lower level parking at 10:00 a,m, A program restricting lower level parking was in place in Dubuque, Iowa, The Dubuque program was discussed with the merchants and they requested a similar program be instituted here. This program was presented to the City Council and approved, Signs were placed on the lower three levels and warning tickets were issued for two weeks, When actual ticketing of vehicles began at the end of August, 80 to 100 tickets per day were being issued. Public reaction to the restriction was negative. Hundreds of complaints about the new policy were received by Parking Division staff, Following the initial reaction to the policy the Downtown Association offered to provide additional signs to be placed at the ramp entrances and on doors exiting the parking araa, ' These actions resulted in decreased complaints but we were still issuing an average of 30 tickets per day, 7'3 ....- To_ - ~...,............ "... .".- ".---- .. r _____-.-~__-....-----,. -- - ----... ,. .. ---y - .. ... r'" .-. ,-- ... ........ ---.."....--.-~_.- ....... ' "- ':",: "tll< ",,' "'; ','kl" '";'...;,, ',,'..' ,,",' " :',' """",,,:,' ': ,', "'/l/f" .(" ',' l>1" I~ " , ", , "" ", ": .;', " ,t".~~\", ,:;;~ -:-:~l:'::': :~:_ ",:: r;\...."\:\ \ " ',' : ::' ..:: 11. ~,'~, ' , "::,.;" :,/ ; 2 When the holiday shopping season began, Younker's started opening at 9:00 a.m. This resulted in many new parkers entering the ramp before 10:00 a.m. to shop and many received tickets, This problem increased when all Old Capitol Center merchants began opening at 9:00 a.m. Old Capitol Center provided "greeters" to stend at the ramp entrances and explain the restrictions to parkers as they entered, This had some positive effect, but shoppers still did not understand the restriction and continued to blame "the City" for a ridiculous policy when the stores were open, The restriction is still being enforced and the number of tickets issued continues to average 30 per day. We estimate that over 5.000 parking tickets have been issued since August enforcing the lower restriction in the Capitol Street Ramp. There have been both positive and negative results of these actions. Positive Results: More long.term parkers using the Dubuque Street Ramp and outlying meters. Less traffic congestion in the Capitol Street Ramp during the holiday season, Availability of lower level parking spaces throughout the day, Negative Results: Many CBD services and businesses open before 10:00 a,m, and their custom. ers feel restrictions unfairly punish them. Many customers feel the City is discouraging shopping downtown, Most parkers receiving tickets now are new visitors to the CBD. Very negative public reaction to restriction. Reduced revenue at the Capitol Street Ramp. \ It is our opinion that the negative response this restriction has generated among the citizens of Iowa City may be overshadowing any positive results, We are concerned there may be long-term negative results to both the City's public image and the vitality of the CBD. Our opinion m~y meet with some resistance from the retail community, but we feel an obligation to bring our concerns to your attention. ~""'"'lI 713 '~'" ~.\.... "'>"':~'" ':.,'..:,t1' ~~:,~,>:".':. ~'::,': <"',....".:..\.::, " ,',t"l' ",', r' Ll ,. I ,,' ", " " :::":,:.rL;,;',,',~'~,,:.::., ::):,F,::1, '; ';~' ~";,,;, -::'!',':', :"",;', City of Iowa City MEMORANDUM Date: April 9, 1993 To: Stephen Atkins, City Maneger From: Don Yucuis, Finance Director ~ Joe Fowler, Parking Systems Superintendent Ti=" Re: Fiscal Year to Date Parking Revenue and Usaga through March 1993 Below you will find the information requasted regarding Parking System revenue and usage through March, 1993, Year to date operating revenue (total revenue less sale of land/transfer inl for the nine months ending 3/31/93 is $2,031.058 or 78,6% of the FY93 budget of $2,582,889, Capitol Street revenue (xacc 4536) @ 3/31/93 is $758,235 or 71.8% of the FY93 budget of $1,056,000. Capitol Street ramp revenue is projected to be approximately $45,000 under budget by fiscal year end. \ The projected deficit in Capitol Street ramp revenue is offset by projected surpluses (actual over budgetl totaling approximately $161,000 and comprised of fines +$32,500; meter revenue +$57,500; Dubuque Street ramp +$47,300; permits +$13,300; and meter hoods +$10,000, The fallowing Is a summary by area: Caoitol Street Ramo Hours of paid parking continue to decrease. March 1993 usage was 22,815 hours less than March of 1992, Parking tickets issued as a result of the lower level restriction continue at the same rate as previous months. Dubuoue Street Ramo Dubuque Street usage continues to increase. March 1993 usage was 14,880 hours more than 1992. Street Meters On.street meters showed a slight (2,755) decrease from last year, The largest decrease (5,285 hours) was in CBD meters, This was offset by an incroose in outlying moters, 7'1/ ".......... .... - --~. .....,. ~ ~ ....". , -... - - ._~ '-':('iff ',',";,,;, ,':LI,:',',,~, ,,:,:' ';'; ,:'. ",:,,<,>,,:,;',:::~' ~:....,)4~ ,;' :'~'< ~',<gl ",\...", <. ':,' , ," r ": ':.r- 2 Off.Street Meters Off-street meters decreased 12,116 hours from M~rch 1992, This decrease is attributed to the loss of the Plaza lot and relocation of parmit parkers to other mate red lots. In July of this year the City of Iowa City increasad on and off street parking rates In the CBO, In August wa imposed a lower level parking restriction In tha Capitol Street Parking Ramp. The following is a comparison of ramp usage from July to March for 1991.92 and 1992.93. Hours do not include 575 permit parkers or Holiday inn usage. HOURS OF PARKING. CAPITOL STREET RAMP 1991-92 JULY AUG. SEPT, OCT. NOV, DEC. JAN, FEa. MAR. HOURLY 1 36,064 116,961 164,447 190,341 160,074 177,342 134,337 172,790 167,971 P&S 35,577 37,066 42,836 33,733 39,148 54,637 32,929 31,568 32,866 TOTALS 171,641 154,047 207,286 224,074 199,222 231,979 167,266 204,368 200,837 illUa JULY AUG, SEPT, OCT. NOV. DEe, JAN. FEB. MAR, HOURLY 122,172 117,608 150,683 162,502 155,704 160,178 118,328 154,369 146,1B7 P&S 32,643 35,028 32,783 33,928 36,673 56,879 31 ,405 28,309 31,B35 TOTALS 154,815 152,636 183,486 196,430 192,377 221,726 149,733 182,678 178,022 +1. (16,B261 /1,4111 123,8191 (27,6441 /6,8451 (10,2631 (17,533) /21,6801 {22,8151 HOURS OF PARKING. DU8UQUE STREET RAMP JliW \ JULY AUG. SEPT, OCT. NOV, DEC. JAN. FEB, MAR, HOURLY 43,764 42,339 50,732 66,601 56,586 57,487 49,779 98,521 58,978 P&S 1,562 1,622 2,509 2,518 2,099 4,887 1,94B 2,264 2,464 TOTALS 46,326 43,861 63,241 69,119 58,684 62,374 51,727 100,786 61,432 1992.93 JULY AUG. SEPT. OCT, NOV, DEC, JAN. FEB, MAR, HOURLY 49,649 64,727 68,660 78,369 59,349 67,424 69,134 71,071 73,734 P&S 2,630 2,823 2,097 2,040 2,042 4,669 2,410 2,326 2,678 TOTALS 52,179 67,360 70,767 80,399 61,391 72,093 61,644 73,397 76,312 fl. 6,863 13,489 17,616 11,280 2,707 9,719 9,817 127,3881 14,880 TOTAL Houri,S OF RAMP PARKING JULY AUG, SEPT, OCT, NOV. DEC, JAN, FEB. MAR, 1991 216,967 197,908 260,626 293,193 267,906 294,363 218,993 305,143 262,269 1992 206,994 209,986 264,223 276,829 263,768 293,819 211,277 266,075 264,334 fl. (9,9731 12,078 /6,3031 116,3641 14,1381 /6341 17,7161 (49,068) 17 ,9361 .~ lr ~ ,. -IIlLll nll'lll." ULlt TLl lIIIiJ&t.Il1MWllIII.....J4...L -, -- 7~1/ ...-r.' v...... -- - .....--.----- --- .-- .-............--..-'lIt--,; ~ -- --- ".. .. '~~':~0""i.:,">" ',:~" ',:",',;t3....:; ,",.' '",:',,':,,:;::,::: " -", " ..I "'I '" - , ,',', f' .', " " ~ ,I, I,;: ';:. ,;" \ ,,' ,'I _'" I , .' ". . .".:,~, J' ~ " l' t='. ,'" , II,' -: '.. , ,.:1 / ' . . ,_ ' " ~ 3 The following is a comparison of on-street metered p8iking. The areas are defined as follows: Area I . Jefferson Street north, Gilbert Street east and College Straet north, Area II - College Street south, Gilbert street east, Burlington Street south, Area IV . CBO bounded by Jefferson, Gilbart and Burlington Streets, Only Area IV was effected by the rate increase in July. HOURS OF PARKING. STREET METERS lli.l.:ll JULY AUG. SEPT. OCT. NOV. DEC. JAN, FEB, MAR, AREA I 30,037 24,637 2B,230 37,338 26.876 25,715 24,390 30,143 30,134 AREA II 12,907 16,018 14,547 16,963 17 ,093 13,710 13,710 15,458 14,764 AREA IV 53,134 51,978 51,138 58,403 74,988 69,388 58,710 56,761 62,527 TOTAL 96,078 92,631 93,915 112,704 118,955 108,813 96,810 102,362 107,425 1992-93 JULY AUG. SEPT. OCT, NOV. DEC, JAN. FEB. MAR. AREA I 24,052 ' 24,476 33,501 33,780 27,017 26,894 21,987 26,827 31,378 AREA II 18,342 14,603 17,634 22,499 17,005 17 ,986 10,923 14,638 16,050 AREA IV 65,133 51,439 57,823 67,327 50,032 55,933 47,209 53,039 57,242 , TOTAL 107,527 90,518 108,958 123,606 94,054 100,813 80,119 94,504 104,670 +1- 11,449 12,113) 15,043 10,902 124,90tl 18,0001 (16,69tl 17,85BI 12,7551 Off street meters include meters located in the Burlington and Market Street lots, the Schuman Lot, 100 E. Market, Recreation Center Lot and Old Library Lot. July, August and September include the Chauncey Swan Lot, Old Library and Burlington Street rates increasad in July. HOURS OF PARKING. OFF STREET LOTS \ lli.l.:ll JULY AUG, SEPT, OCT. NOV. DEC, JAN. FEB. MAR, HOURS 26,019 31,640 29,931 34,150 28,915 25,697 33,843 33,820 34,344 llWa JULY AUG, SEPT. OCT. NOV. DEC, JAN, FEB. MAR, HOURS 41,121 29,578 36,088 32,618 19,438 24,679 19,927 25,882 22,228 15,102 12,0841 8,157 11,5321 19,4771 11,018) 113,9161 (8,138) 112,1181 COMBINED HOURS OF METERED PARKING JULY AUG, SEPT, OCT, NOV, DEC, JAN. FEB. MAR, 1991 122,097 124,271 123,846 148,854 147,870 134,510 130,653 136,182 141,769 1992 148,648 120,094 145,046 158,224 113,492 125,492 100,046 120,186 126,898 +1. 28,551 14,1771 21,200 9,370 134,3781 19,0181 130,6071 115,9961 114,8711 711/ - ""," ......... ?: \ j 1 I I ~ I I I , " J I i ':, " ,.II " ,. , "... ~ .".---- -... .. -.....--..- ...... ~-~ .....". ,........ - - . - r- -. ,.- .. ... '~,:: ""m": ,,',',," ,; ~':' '" '" "ffi'..", ',,:,::':' ':',' ::-"", ;, , ,t "'/"" " , " ," '. I',' ':': ;" ,~>, ',: !::,',':-..",'~!: 7"'::;"~ ,i, " , " :',"': , ' <:' :':", 4 " F- ~' , ~ I , t ! , I TOTAL HOURS OF PAID PARKING JULY AUG. SEPT, OCT. NOV. DEC, JAN, FEB. MAR. 1991 339,064 322,179 384,372 440,047 405,776 428,883 349,646 441,325 404,038 1992 355,642 330,080 399,269 433,053 367,260 419,311 311,323 376,261 381,232 fl. 16,578 7,901 14,897 16,9941 138,5161 19,552} 138,323) 165,064) /22,8061 finadmlprkusage 7B~ : ! :i \ !) ,,'I i ~ .!: !.' :; ';1 '.',' 't-t1" "" ,:' ~:..;, : 't-'" " '.; ':,:; , ,'.. ,,~. ~"'.,'-', ,\1 '~'.r, "-i",,', .\'1 .'1;' ':,111 ' ~'~':''',.', '" J" .;'\ ".',," .i"; ~ , . ': 1 " .- ' . 1 . ,I'.' , " " '.' ',1'.......:.1' .:)', ':' t~. ,~~ "~,,fl_' I'"~ :'\' ".j" " . _..' foI'l-'o(lIol-o n.ot OW ':JVI '" ~~<N9 '" = ~HHHHHHAM!!M~~~ ~ ~~~~cli~~~~~~~ ~ ~ ~ N " N Iii .. W'" ...'" ~~ gg~gggggggg~g:~~ ~ CO~OO~OOO~O~OI~~ ~ .................... .., ... ~~~~~~~~NN~ ~:~~ ~ N~ ~ ~ OM~ ,~~ ""," :rJ N- o ~V1~ OOO~NOOO~OO~O:foI'l~ 0 W-'~:JH ~ ~~ g~~~ ~ :~~ ~ ~~!3~~~ . ..... . . .. I...... :E~U1D::'&. N ..rN Olt\""M I -Or-- ,.., ~~O~a,fol'l ""'.., ~~..,"'" :~~:ro VI .... .... 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"'''' " ~o.CO~t.O.oNCONOOOO MII\.~"O~OCOII\.o""""o II\COMII\QroIl\NII\~CON""1I\ ~~~~M~.o~"~,^N-o~O~""~N ~~ 11\11\ ~Qro~~""NQro,., t-~'" .oN .. WN ...'" ~~ NOOMOOOO"'OO~O N g8~~~8~8~88=;g re II\~CO~"~CO~II\~N~t-~O~~~t.O~l1\~ .o~ I CO~ 0.0 ONt- "~Oll\ ~ t-~ ~~t- CON1"" N N' ~ ~1"":~~~~g~$~N~g~g Or< <o.INOro~CO...,,,CO~1""""C""O 1"" ~~:~~~O~~O,^~~N~~ ~ ~ : N~ :;::~1""~HS~1I\ ~ , '" , z u ~ .. ~~ ~!i W !!!en 2: "~.. :::wiIi uzz 2 ~ ~ en~;: ~ e~~ !!~~ ; 8 ~...~ .......en... ... ...os:t......-.wzz a. ......w~l:Senen~Loo\j ; ffit:i~ltl~lJ:I:~WW~U; U ZWWtll:...z o~.. en" ~ ...tlI:e"'~-a:1-o ......0 W u.w ~ ~w... ~.~- e M!;~Hr~~tu~:J ~ ~ .....a:looQ"xue = en a~~ _"2 .....W 02: -.. "w :::~~ u.... u 0001""N~II\..o"t.OO~0 u N1""N,..,,..,f't,,,M,..,,,,.., ,... ~ ~~t?~t?~~~t?~~~~ 0000000000000 ti ~~~~~~~~~~~~~ 0( 1""~1""1""1""~1""1""1""1""1""1""1"" ~~~..,..,~~..,..,..,~..,~ :~ , . "" , ~ , ~ . ," 'N , , :~ , , , , ill N ,i '" 'N , . ,N , , I-':! :I-':! ~ ,~ ~~o : ~~ ",~~ : f't~ N~'N .. o W ..l '" en ... 2 - " W .. en ~ .. o '" ~ on o o ~ ~ .. 11'1 .....,........-- ~'--.-'... - '~ i:;',:~tl' ",:,:,' :,':,(}: "';~l" -::~,':"',.',:': ,"}-, J' ; '..":,, ,~ ':;, ;t;J>.-:',',' r~i; .;.-':!~,', '-.~Zf'''~~- >~~~>'I ,~,~,.... :;"', ",' ',". :,: < ':'''''',:,~> JUHN~UN LUUNll HUU1IUK ICL'~I~-J~Q-QVvV MtJl V;)I;)oJ ....J'.,)", "U,U__ ,,1,.... ... - Juluuun CUURly l IOWA \ ) ~I . BuAKJJ O~' SUPERVISORS Patricia A. Meade, Chairperson Joe Dolkcom Charles D. Duffy Stephen P. lacina Betty Ockenfels April 13, 1993 INFORMAL MEETING Agenda \D 0 W :l> :::CJ 'V Ii >::j ::v ~-< I -- -1("') \D r- ;(,-- "1) ;?l f _rrJ :: 0;<:; Cj 7) ..--' s-. " -' Ul package G'renewal 1. Call to order 9:00 a.m. 2. Review of the minutes. 3. Business from Bob Saunders re: forms/discussion. insurance 4. Business from the Board of Health. a) Discussion re: FY94 Home Care Aide/Chore Funding application. b) Discussion re: motion proclaiming the week of April 24-30 "Pre- School Immunization Week," \ 5. Business from the County Attorney. a) Report/discussion' re: draft agreement with Board of Health on collective bargaining procedures. b) Other 6. Business from the Board of Supervisors. a) Reports b) Other 7. Discussion from the public. 8, Recess. ---........................................--......................................---........- FORMAL MEETING TO FOLLOW 913 SOUTH DUBUQue ST, P.O, BOX 1350 IOWA CITY, IOWA 52244.1350 TEL: (319) 356-6000 PAX: (~19) 3'6-6086 7V5 "':, '-f :'" ,: ,,';' :', ~''''~':' ":' ;'\"i ': '::',' ',.,... ,,' ,': :,:', " ,.,::.;: '.. ,~,', "/' ': ",," ~ " ' "..'" , ~,>'.':,",'~';r,.i',. ,~.'~': \ ~ ,-,I.!a~:'" " C.':' ",...',..-.11,:, ::. > . .' .',....... l' d, ," , .,.... _ !, .' , 0" . .' ' ,'.' ,~ .. , JOHNSON COUNTY AUDITOR TEL:319-356-6086 Apr 09.93 15:34 No,022 P.02/04 Johmon (OUIll)' I VOWA .~ BOARD OF SUPERVISORS -L=J Patricia A. Meade, Chairperson Joe Bolkcom Charles D. Duffy Stephen P. lacina Betty Ockenfels Aprll13, 1993 FORMAL MEETING Agenda 1. Call to order following the informal meeting. 2. Action re: claims \ .0 w 3. Action re: minutes ~G =0, ~i;l >::j ~J L""~~ 4 A. II hi' G -< ,1. f;D . chon re: payro aut or zatlons =i:J ""1; -.1 :_r,' -""1 S. 9:30 a.m. . Public Hearing on application S9281A of Dean O'jife's re-questlng preliminary plat approval of Overview Estates, Part Two;>a sub1livlslon located in the E 1/2 of the SE 1/4 of Section 9 and the W 1/2 of the SW 1/4 of Section 10; alt in township 80 North; Range 6 West of tbe 5th P.M. in Johnson County, Iowa (Tbis is a 21 lot, 82.7 acres, residential subdivision located approximately 3/4 of a mile west of the intersection of Sugar Bottom Road NE and 24Sth Street NE in Newport Twp,). 6. Business from the County Auditor. a) Action re: permits b) Action re: reports 1. Report of Commission of Veteran Affairs c) Other 913 SOUTH DUBUQUB ST, P,O, BOX 1350 IOWA CITY. IOWA 52244-l3$0 TaL: (319) 356,6000 PAX: (319) ;.'5' " . . . . ',! .."~ ,,'- ' ","-~ ," " '-'ij:" :,' ',,',7: :,', ',: <' ',' :,>;' , 't',.., "I" k:"" ",' "",.,., 4~ ',' '.'i. :;.::I:7~rl! ,','_' """'" , ". ".' . '.'_ :. "',; It.... 'Jl,~~' ~.\' ,'., , . '" "':""-',' . I"')' _ .\ ,'.' t JOHNSON COUNTY AUDITOR TEL:319-356-6086 Apr 09,93 15:34 NO,022 P,03/04 Agenda 4-13-93 Page 2 7. Business from the Assistant Zoning Administrator. a) Final consideration of application Z9306 of Dennis Erenberger. b) Motion selling public hearing. c) Other 8. Business from the Planning Assistant. a) Discussion/action re: the following Platting requests: i I i I I i 1. Application S9314 of John W. Osland requesting preliminary and final piat approval of Osiand r s First Subdivision, a subdivision located in the SE 1/4 of the NW 1/4 of Section 17; Township 81 North; Range.7 West of the 5th P.M. In Johnson County, Iowa (This Is a 3-lot, 37.66 residential subdivision located on the southwest side of Cou Falls Road NW, 1/2 mile south of the intersection of l40th Street NW and Cou Falls Road NW in JeffersW Twp.). ~C") ~ U1 >::j ~ n-c I ~ ~ . \.0 'J b) Other -;C") =<;; ~ .;71 9. Business from the Board of Health. 2. ~ (.)"J a) Action re: FY94 Home Care Ajde/Chor~ Funding appli~atiOJi;; b) Motion proclaiming the week of April 24.30 "Pre-School Immunization Week." 10. Business from the County Attorney, a) Executive Session re: strategy/discussion/action. b) Report re: other items. S.E.A.T.S. collective, bargaining 11. Business from the Board of Supervisors. a) Action re: insurance package renewal forms. b) Discussion/action re: Cluster Board. 'c) Other 1fS " ".""1 ';-t:l' > '''':'" "" c;,... ":0", ,',,:' ',' ~,:' '" o,H., ~;:' -;\.;":'~ ~: ,. t. .'...., ,',,~'m".'." ':'::'0]:' . ," ....,: ',:-, :<. ) :<.... ;. \;"'I~~i,}: .i..I'....~'. :'~,'.' """1 " "". ' " ' '. , "i JOHNSON COUNTY AUDITOR TEL:319-356-6086 Apr 09.93 15:35 No,022 P.04/04 Agenda 4.13.93 Pnge3 12. Adjourn to Informal meeting. , ; \; a) Inquiries and reports from the public. b) Other i' ; .' " iI 13. Adjournment. I..C c..l, CJ >- ::~("j -n' -ij1 >::; :;;;r I ;-.=:=1, CJ-~ ,..;:e I..C j -;0 ;.1 ' ., -0 \ .,1 . 1"'1 3 S~ c..l 'J ~ ..... . .. ',. :;. U1 0'\ m ...... --,- -~'Wf''''''~- ..,. 1,1 1. " ! : ~ i (, I , i )": 0 " r! ~. i' -, .. ;i , , i \ f , , l ! .. ...-----... -....,-- -..~...---,. y - .~, - -- - ,- . ..".- ~/>,: ~,:- ..,.:><k'::,:~J Ji{lr:'- ::::"f"::,:",:,<: :',' ~':,'_'::,:,,:" >': ,;, ,Iif, , ,..-...,:;' "'i~-:, ...,~4tf; ,':' ,'-- ',', "1','"..'"...,,,'..'_, ri GOLf OEER~IOO . PRESIDENT DON ORR Mayor, Columbus JuncUon VICE PRESIDENT BOB GUST Mayor, Willon DIRECTORS JANETFIFE Council Member, Keokuk HAROLD KElDERMAN Mayor, Oskaloosa JEANETTE PHILLIPS Council Member, MuseaUno IMMEDIATE PAST PRESIDENT ROBERTA BOITSCHA Mayor, HillsbolO SECRETARY. TREASURER EARLENE LEKWA Clerk, Columbus JuncUon ~ .' \ . I I \\. Ji, SOUTHEAST IOWA MUNICIPAL LEAGUE P,O, Box 209 Columbus Junction, Iowa 5273B (319) 728,,7971 A'I'I'ENTION: SOUTHEAST IOWA OFFICIALS AND ASSOCIATE MEMBERS The April meeting of the Southeast Iowa Municipal League will be hosted by the City of New London. MEETING DATE: Wednesday, April 21, 1993 Meeting will be held at the Deerwood Golf Club which is located South off HWY 34 at County Road X23 (Pine Street). Go approximately 2~ miles and turn left at the Deerwood Golf Club sign. Golf will highlight the afternoon with an 18 hole T off starting at 1:30, or a 9 hole T off at 3:30. You may also play on your own at any time. Social hour will begin at the Club House at 6:00 with dinner at 7:00 and meeting to follow. Cost of the meal will be $9.75. Reservations need to be made in advance by calling New London City Hall. Contact Ci ty Clerk PaUla J. Turner at 319-367-7702 on or before Thursday, April 15. \ -- (8J~ I~' ~l -- ;-~ C:>,... ~i!" (',Ii.., "1J '1_ ,-. -'"J loll?) , ~- -.,..., 01 J (J..... I l'.f~ -- . l.O ;--"..,.r ,I, -./t-, " :<,'.0 -0 ...., \' \ ._P1 =:1: ,IJ l.~:~~~! {""r, ;,-:-;.-', ~~ !..J lOr , I ,Iv I III \\L, IV ~ II 1,1 \" I, Ij' CLUB ('1 J\ I , ,'\,1, 7" ':~":"I"""'" :i ,"",', k~'",,,:l~"l' """,.,, ': ",,";':, ':"",: ~--r --., t.' ,'. ~:T:TI" - ,j , . . " " ," f." . ')r:'.: '.l.>.'~'",.":; ~ ,:..:'" ,.,',....~:i, :::::,.:1:" SOUTHEAST IOWA MUNICIPAL tAG/J"-';; \0 i'=..j;" PRESIDENT DON ORR Mayor, Columbus Junction VICE PRESIDENT BOB GUST Mayor,l'Olion DIRECTORS JANETFIFE Council Member, Kookuk HAROLD KELDERMAN Mayor,Oskaloosa 1. I JEANETTE PHILLIPS 2. Council Member, Muscatino 3. ! IMMEDIATE PAST PRESIDENT " ROBERTA BOITSCHA 4. , l h Mayor, HiIIsboro r. 5. r. SECRETARY.TREASURER !., EARLENE LEKWA 6. " 1 Clorl<, Columbus Junction 7. l 8. 9. \ SOUTHEAST IOWA ~v1UNICIPAL LEAGUE P.O, Box 209 Columbus Junction, Iowa 52738 (319)728.7971 CITY OF NEW LONDON APRIL 21, 1993 AGENDA 1:30-6:00 p.m. Golf at Deerwood 6:00 p.m. Social Hour 7:00 p.m. Dinner 7:45 p.m. meeting called to order by President Don Orr Welcome by City of New London Introduction of members Business meeting Guest speaker, Paul Lorber, introduced by Don Orr Adjourrnrent May meeting hosted by City of Columbus Junction. September meeting hosted by City of Ottumwa. 7" ~, i i I , 1 I I I I I j i l i \ ? I' C .. " r, I' , , ; 'I " , I , ~ l i I f 1 - .. ,... -- ~...-~- P""'"r ~~-y - - .-.r-....,.. ,.- - - ,I, ._,~' ...... ; ~~> "...,"', ,,',,;:' ,:,:,:', ",.',..' iillt.. ", ' " ", ."" ',,', "" ", , ' " ,^. I.,. ,. ""~' .T:.,,~~~,'j.'''~> ;,': ::.-:" SOllTHEAST lOW A MUNICIPAl..._ ~AGli'- -;; \. (;:..i:' L .....~ PRESIDENT DON ORR Mayor, Columbu. JuncUon VICE PRESIDENT BOB GUST Mayor, ~lIon DIRECTORS JANETFIFE Council Member, Keokuk HAROLD KELDERMAN Mayor, O.kaloo.a JEANETTE PHILLIPS Council Member, MuseaUne IMMEDIATE PAST PRESIDENT ROBERTA BOITSCHA Mayor, Hill.boro SECRETAR~TREASURER EARLENE LEKWA Clerk, Columbu. JuncUon SOUTHEAST IOWA MUNICIPAL LEAGUE p,O, Box 209 Columbus Junclion, Iowa 52738 (319) 726.7971 FINANCE REPORT CHECKING: On hand last report: Expenses: stamps Copies Fax Columbus Print Craft Plaque printing Balance 3-31-93 $740.45 29.00 8.80 10.00 69.30 28.00 J $587.89 SAVINGS: On hand last report: $3592.86 Interest earned 18.91 Balance 3-31-93 $3611.77 7f' ".. ~ ...-._____ _____n_..,--... ...... ~ :'::,,: ~ Ct>: ,,:{;' :"";': ",rs: ::::,;0 ',,:', ,': "',:, ',;~':: ,:,::': ',,':;: l;,.'.,.."f~t.; ,:' ;",,;: !)m, )~f :', ',' I,,:' I' ',;- . ",.' MEMORANDUM ~ tqH1~ ~ TO: Stephen Atkins, City Manager FROM: R.J. Winkelhake, Chief of Police qliJ RE: Union Bar and Fieldhouse Bar DATE: April 7, 1993 The Police Department routinely checks bars for liquor violations. The following are three incidents that I would like to bring to your attention, ,\ , ! ,t, 'I , On March 21, 1993 at 2:20am officers entered the Fieldhouse Bar. There were eight individuals in the bar. Four were employees and four were non-employees. Seven of the individuals were cited for being on the premises after hours. The eighth (the manager) was cited for hours of business violation, An additional charge was filed on the Fieldhouse Inc. for prohibited sales and acts (after hours), On April 2, 1993 officers entered the Union Bar at 2:22am. There were several individuals in the bar. Four of these were cited for consuming after hours and one charge was issued for allowing use after hours. In addition, one charge was filed on Iowa City Entertainment, Inc, (Union Bar) for prohibited sales and acts. Again on April 6, 1993 officers entered the Union Bar just prior to 1: 30am. The officers observed a male behind the bar serve a shot of alcohol to a patron and also drink a shot himself, It was discovered that both were under the legal age. The bartender was cited for possession of alcohol and serving to an underage person. The patron was cited for possession while under the legal age. Iowa City Entertainment (Union Bar) was cited for allowing an underage person to be served, The Fieldhouse Bar has had 50 alcohol related incidents from January 1 to March 26, 1993. 1'17 i I 1 \ ~ i ~ , ~ \: (! , !: " IJ , .,,-.- -.. --. r--.rr--T .....-. ~ ---.....- ~::'" ~l "'" ,:/, '.. :' ;:~-< ,.,0 ',:" '" '7"::":~~ ~..:: ~~:-'::~ . ,', ,t, , ,', ;, " " '.. ';T;l" .. ", " ': '..' ;' , <', ,~\ ". ': I....':.., .' .. ,.' :l.."...-r' ':~' . 1 . ~ t!' '.: " j . e.' " l:,~' '.;".': The Union Bar has had 144 alcohol related incidents from January 1 to April 6, 1993. Most of these incidents were pertaining to underage possession! consumption. Captain Harney contacted the State Alcoholic Beverage Division about these incidents, They requested a copy of the reports and a letter pertaining to the incidents if the commission were to take any action against the bars, Attached are copies of the letters sent. If you desirc, the reports I will b, m.d, ,"""hi, to> y'"' re~~. /h t1/Itrd;lU1t& ~zI;I-d7/ '17 - ___.. _.- - - ..........--T...... ~- .......--".--- . ...,.~-;. V" ....,.. ... ".'~ ,~"-.. "~'::""I',,;"<' '~':'~"': ," ," ,'o,~. r' \".'"^,,~.:, "i' , "ill' "I ,1 " H-;'"'' 't ," ", " .. "',", "I ' .. :~':':,:, 1\:'>'-~;::;'";II:',,:,'I~ ..\'.~::>'.," . '. :"";;".:,' ""~' City of Iowa City MEMORANDUM Data: April 13, 1993 To: City Council From: Kavin O'Mallay Re: Training on Laptop Computers I have contracted with J oAnn Cook to assist in your use of the laptops. Below is the time frames that she is available. Also, she will be available additional evening hours as scheduling permits, with the exception of Monday, Tuesday, and Wednesday nights, Please call Lorraine to schedule your training with JoAnn Cook. I I I I I i DAY DATE TIME AVAILABLE Monday April 12 4:00-6:00 p,m, Tuesday April 13 3:00-6:00 p.m. Wednesday April 14 1 :00-5:00 p,m. Thursday April 15 3:30-5:00 p.m. Saturday April 17 4:00-6:00 p.m. Sunday April 18 4:00.6:00 p,m. Monday April 19 4:00-6:00 p.m. Tuesday April 20 3:00.6:00 p,m, Wednesday April 21 1 :00-5:00 p,m. Thursday April 22 3:30.5:00 p.m. Saturday April 24 4:00-6:00 p,m. Sunday April 25 4:00-6:00 p.m. Monday April 26 4:00.6:00 p.m, Tuesday April 27 3:00-6:00 p,m. Wednesday April 28 1 :00-5:00 p,m. Saturday May 1 4:00.6:00 p,m, Sunday May 2 4:00-6:00 p,m. \ Monday May 3 4:00-6:00 p,m, Tuesday May 4 3:00-6:00 p,m. Wednesday May 5 1 :00-5:00 p.m, I bjlJlplopl 1f'