HomeMy WebLinkAbout1994-08-02 Info Packet
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City of Iowa City
MEMORANDUM
DATE: July 22, 1994
TO: City Council
FROM: City Manager
RE: Material Sent to Council Only
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Memoranda from the City Manager:
a. Pending Development Issues
b. Management of Federal Lands - Filter Strip
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Memorandum from Councii Member Throgmorton regarding woodlands conservation.
Memorandum from the City Architect/Energy Coordinator regarding the
planned water treatment plant.
Copy of ne~s release regarding Phase I-A of Rohret Road Project.
Thank you note from Jaycees for support of July 4 fireworks.
Agenda for the July 21 meeting of the Johnson County Board of Supervisors
Copy of letter from Fesler's Inc. regarding bid for siren system.
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Memo from Ci,ty Atty. regarding unfavorable ruling in Hagen Electronics v.
City of Iowa City & Johnson County.
Memo rom City Atty. regarding recoupment of Impact Fees for Use of City
resources, Solon, Iowa ordinance.
Distributed 7/21 Worksession:
Water Project Discussion Agenda.
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City of Iowa City
MEMORANDUM'
DATE: July 20, 1994
TO: City Council
FROM: City Manager
RE: Pending Development Issues
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An application submitted by Diane Boyd to annex a .96 acre parcel
located north of Scott Park Drive and rezone the property from
County RS, Suburban Residential, to RS-5, Low Density Single Family
Residential.
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City of Iowa City
MEMORANDUM
DATE: July 22, 1994
TO: City Council
FROM: City Manager
RE: Management of' Federal Lands - Filter Strip
I finally received a response to my three letters. It doesn1t say
much.
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RECEIVED JUL "/i 1994
DEPARTMENT OF THE ARMY
ROCK ISLAND DISTRICT, CORPS OF ENGINEERS
CLOCK TOWER BUILDING - P,O, BOX 2004
ROCK ISLAND, ILLINOIS 61204,2004
July 12, 1994
Real Estate Division
SUBJECT: Coralville Lake project, General Inquiry
Mr. Steve Atkins, city Manager
410 East Washington Street
Iowa City, Iowa 52240-1826
Dear Mr. Atkins:
This is to confirm your recent conversation with
Mr. Dick Mattson of our Real Estate Division concerning your
February 25, 1994 letter. We apologize for not responding
sooner.
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You are correct that the Corps of Engineers is the Federal
agency with custody of those lands owned by the united States at
the Coralville Lake Project. The united States owns the land
bordering the Iowa River from Coralville Dam almost to the West
boundary of Johnson County. There is some land along the Iowa
River on the most westerly side of Johnson county that,is not
owned by the United states.
We do have leases for agricultural use on some of the
Federal land at Coralville Lake; however, those leased lands are
at higher elevations and a considerable distance from the Iowa
River shoreline. We also have an agreement with the Iowa
Department of Natural Resources to manage an area of land at
Coralville Lake for wildlife purposes. The Department of Natural
Resources uses agricultural agreements to accomplish some of
their wildlife management objectives on the area.
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As Mr. Mattson advised you, we are reviewing your letter
within our District and we will also request input from the Iowa
Department of Natural Resources regarding the area they manage.
We will then provide you a response with more detailed
information regarding the agricultural uses on this Federal land
and any comments we have on your filter strip proposal.
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If you have any questions, contact Dick Mattson in our Real
Estate Division at (309) 794-5263.
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Sincerely,
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Colon~l, U. Sf. Army
District Enq'ineer
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CITY OF IOWA CITY
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June 28, 1994
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Colonel Albert Krause
Dept. of the Army
Rock Island District - Corps of Engineers
Clock Tower Building
P.O, Box 2004
Rock Island, IL 61204-2004
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Dear Colonel Krause:
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In letters dated February 25, 1994 and April 26, 1994, copies attached, I have requested
information and/or some understanding on the part of the Corps of Engineers with respect to
the issue of regulation of the Iowa River Corridor property; As you know, the Corps and/or
some other federal agency representing the Corps' interest has significant ownership
responsibility. As of this date I have received no response from your office. I would
appreciate, at the very least" some understanding of the ownership issue so that if I have
misdirected my energies as we work to comply with the Safe Drinking Water Act, I can at the
very least contact the appropriate federal agency. Your response will be appreciated.
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410 EAST WASHINGTON STREET' IOWA CITY, IOWA
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April 26, 1994
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CITY OF IOWA-CITY
Colonel Albert Kraus
Department of the Army
Rock Island District. Corps of Engineers
Clock Tower Bldg.
P,Q. Box 2004
Rock Island, IL 61204-2004
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Dear Colonel Kraus:
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In my letter of February 25, I asked the Corps to review the issue of your ownership of Iowa
River corridor property and specifically how we might try to regulate, if not diminish, the
runoff of farm chemicals. This letter is a follow-up in that we are eager to .hear the Corps'
opinions and feelings on this issue. As I indicated in my letter, if I am incorrect in my
assessment of' I~nd ownership and responsibilities, I would appreciate your assistance so I
may move this issue along to the"appropriate federal agency.
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Thank you for your attention to this matter.
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Stephen . Atkins
City Manager
cc: City Council
Director of Public Works
Water Superintendent
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410 EAST 'IIASHINOTON STREET' IOWA CITY, IOWA 52240.1116' (lltl 116.$000' FAX (JII) 116.100.
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CITY, IOWA $1240.1116' Ill91 ll6.l000' FAX Ill91 l16"jO'S"'~I', , ..!
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CITY OF IOWA CITY
February 25, 1994
Colonel Albert Kraus
Department of the Army
Rock Island District. Corps of Engineers
Clock Tower Building
P,O. Box 2004
Rock Island, IL 61204.2004
Dear Colonel Kraus:
I wanted to take a moment and thank you and your staff for participating in the recent
discussion forum with the Iowa City area governments, Needless to say, everyone appears
to have leamed something, I would now like to take this opportunity to raise a new issue with
you,
For some time the City of Iowa City has pursued the possibility of state legislation providing for
filter strips along the Iowa River Corridor. This was proposed in order to provide some
protection to the City's drinking water supply, the Iowa River, We have been frustrated in our
attempts to secure the state legislation as agricultural interests have been successful in
blocking such an initiative at regulation of agricultural chemicals, The basics ,of such a filter
strip proposal would be to provide for a strip of land along the river shoreline inward to serve
as a buffer and thereby hopefully diminish the impact of runoff from these chemicals, ,
Additionally, thought has been given to providing for tree planting and other vegetation which
often serve as a cleansing element for these chemicals, '
In doing additional research, the federal government, and thereby I assume the Corps of
Engineers, owns the substantial amount of property north of Iowa City along the Iowa River,
We reviewed maps from the northern boundary of Iowa City to the western boundary of
Johnson County, I would appreciate receiving information that would assist in our further
pursuit of this filter strip concept. I assume these lands held by the federal government are
leased for agricultural purposes or other arrangements which permit the planting of crops, If
we could arrive at some type of filter strip control or any other means to reduce agricultural
chemicals, it would seem we could substantially improve the water treatment obligations of the
City as a provider of a municipal water supply,
As you know, periodically we must report to our community increased levels of nitrates which
we believe to be a direct result of farm chemicals, While there is certainly some room for
debate, the evidence appears to strongly support our contention, With the new federal Safe
Drinking Water Standards, and our obligation to remove any adverse chemicals, we will look
.10 EAST WASHINGTON STREET' IOWA
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Colonel Albert Kraus
February 25, 1994
Page 2
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to any reasonable means to minimize the cost of water treatment now and into the future, The
possibility of reducing the agricultural chemicals which enter our water supply is one of those
apparent opportunities.
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I would appreciate correspondence which outlines (summary fashion certainly acceptable) any
lease obligations or other controls on the land that is now held by the U.S, Government. If I
am incorrect in my assessment of landownership and your responsibilities, I would appreciate
your assistance so I may contact the appropriate federal agency in order to secure their support
for efforts to clean up our water supply, as well as the Iowa River for the enjoyment of all,
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Sincerely,
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Stephen J. Atkins
City Manager
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cc: City Council
Director of Public Works
Water Superintendent
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To: Council Members
From: Jim Throgmorton
Date: July 22, 1994
Subject: Woodlands ConselVation
Last Tuesday night, Tom ~cott recommended that we instruct staff and the
P&Z Commission to stop work on the Woodlands ConselVation ordinance
and to begin working on a Planned Development Housing Overlay Zone
alternative, I assume that Council will discuss his recommendation during
the August 1 work session. Not being able to attend that meeting, I want to
convey my initial reactions to Tom's recommendation and to suggest an
approach that we might take,
My first recommendation is that we ask Tom to give us a written version of
his statement. It might contain nuances that would alter our understanding
of the both the substance and consquences of his proposal. Based solely on
my understanding of what I heard him say, however, I fear that the main
consequence would be to initiate a new 9-12 month process that would place
the entire concept of conselVing woodlands at risk.
Given that understanding, I think it would be both bad government and bad
policy to withdraw the woodlands conselVation ordinance after so much
good effort has gone into drafting it, without giving the general public an
opportunity to comment on it, and to do so simply because a vocal minority
of the development community has made a series of unverified claims and a
local newpaper has published a series of often erroneous and inflamatory
editorials. We owe it to the people of Iowa City not to let a narrow special
interest group cut discussion of woodlands conselVation off at the roots,
I recommend, therefore, that we instruct staff and the P&Z Commission to
continue their work on that ordinance, When it comes to us (presumably by
late September), I would recommend that we invite the public to comment
on two general issues: (1) whether they want existing woodlands to be
conserved during the land development process; and (2) whether the draft
ordInance is t.Jte best way to conselVe woodlands relative to at least two other
alternatives: (al continued reliance on current market mechanisms, or (b) a
planned development housing overlay zone accompanied by appropriate
incentives, This would give opponents the opportunity to state and defend
their case against the draft ordinance, while also giving others a chance to
state their case and to rebut the claims of opponents, Such a dialogue would
give us what we need to make good policy, whether it be to drop the draft, to
amend it, to pursue another alternative, or to do nothing,
These recommendations should not be taken to mean that I think Tom
Scott's suggestion that we conselVe woodlands through a PDH process is a bad
idea. To the contrary, I think the idea has merit. Accordingly, I further
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recommend that we instruct staff and the Commission to begin work on
drafting a PDH overlay zone ordinance that might ultimately complement or
supplant any woodlands conservation ordinance that we adopt.
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City of Iowa City
MEMORANDUM
Date: July 19, 1994
To: The Honorable Mayor and Members of the City Council
From: Jim Schoenfelder, City Architect/Energy Coordinator j L.. Y
The City of Iowa City is planning to construct a potable water treatment plant just north of
Interstate 80 on 228 acres of land between the Iowa River and Dubuque Street. The facility
is in the early stages of design with only a few fixed criteria related to processes, volume and
lagoon size. Most aspects of the site and structures are flexible; however, in addition to the
water plant, parks, recreation and educational purposes are considered to be highly desirable,
The overall plan for this facility and site can proceed in one or several directions and can be
'directed at this point to reflect and satisfy particular community needs, Possible consider-
ations are:
1.
2.
3.
4,
5.
6.
7.
Parks and Recreation Fields
Natural Habitat Reserve
Bike and Hiking Paths
Outdoor and indoor classrooms for water conservation and environmental
protection education
Ice skating ponds (indoor/outdoor)
Water Sculptures
Visitors Center
.
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The list of ideas at this time is only limited by one's imagination. The City wishes to explore
all ideas in this early stage of planning and therefore plans to hold a design charette to
incubate promising concepts for this facility and site. The charette will be a day of free
flowing ideas from various interested' parties, all collected and monitored by an experienced
facilitator who, at the end of the day will focus these varied concepts and interests into a
more unified community perspective of the potential future direction of this project.
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You would be a valuable participant in this charette. Your ideas, whether individual or as a
representative for a particular group, can provide important direction to the final outcome.
I would like to invite you or your appointed representative t.o participate in this design charette
to be held Wednesday, August 17, 1994, in the Civic Center Council Chambers. The charette
will begin at 9:00 a,m. with breaks for lunch and dinner and a facilitator summary and
concluding remarks at 8:00 p.m. I wish to emphasize that your ideas and concerns are
important to the City during the early phase of design and now is the time to include them.
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If you have any questions about the charette process please address them to the Charette
Coordinator - Jim Schoenfelder, City Architect at 356.5044. Please let me know if you or
your representative will be in attendance, An agenda will follow shortly,
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July 13, 1994
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PRESS RELEASE
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CITY OF IOWA CITY
Contact Person:
Rob Winstead
Project Engineer
City of Iowa City
Phone No,; 356-5145
Weather pennitting, on Monday, July 25, 1994, Metro Pavers, Inc, of Iowa City will begin
work on Phase I-A of the Rohret Road Reconstruction Project.
Rohret Road will be completely closed to vehicular and pedestrian traffic from the east entrance
of the new Irving Weber School to the east one-half of Phoenix Drive, The east entrance to the
school and the west one-half of Phoenix Drive will remain open.
Rohret Road from Monnon Trek Boulevard to the Weber School and from Phoenix Drive to
Jasper Avenue will be open for local traffic only,
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Maier A venue will be completely closed to vehicular and pedestrian traffic at its intersection
with Rohret Road,
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Maier Avenue from Highway 1to Rohret Road will be open to local traffic only.
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Access to the Southwest Estates subdivision will be from the west via Rohret Road and the west'
one-half of Phoenix Drive.
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Phase I-A is expected to last from July 25, 1994 until early September 1994, although weather
I conditions may alter this schedule.
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! Future phasing and approximate time frames for the Rohret Road project are as follows:
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Phase 1-B:
West one-half of Phoenix Drive to the city limits,
Early Sept. 1994 - late Oct. 1994.
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Phase 2:
Monnon Trek Blvd. to Irving Weber School (split in various
phases),
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Early April 1995 - mid Nov. 1995.
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lIO EAST WASIIINOTON STREET' IOWA CITY. IOWA 11140olI16' (1I9) 116,lOOO' FAX il19) 116d009
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Johnson Counly
\ IOWA ~ ' BOARD OF SUPERVISORS
Stephen P. Lacina, Chairperson
Joe Bo/kcom '
Charles D, Duffy
Patricia A, Meade
Don Sehr
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July 21. 1994
FORMAL MEETING
,
Agenda
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1. Call to order 9:00 a.m.
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2, Action re: claims
3. Action re: informal minutes of July 12th recessed to July 14th and the formal
minutes of July 14th.
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4, Action re:
payroll authorizations
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S. 9:00 a.m. - Continuation of Public Hearing on the following proposed Road'
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Vacation:
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a) Road Vacation 01-94 - Beginning at a poini thai is N870 33' 42"E
approximately 340' from the Soulheast Corner of Pheasant Run Subdivision
as said pial is recorded in Plat Book 23. Page 33; thence Westerly and
Northerly approximately 6000 feel 10 the North bank of the Iowa River.
,
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a) Final consideration of application 29406 of Bill and Donna Gaddis.
b) Final consideration of application 29429 of Craig Kiracofe.
c) Other
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6. Business from Ihe Assistant Zoning Administrator.
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TEL: (319) 356,6000 FAX: (319) 356,6086 , "
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913 SOUTIl DUBUQUES!'.
P,O. BOX 1350 rOWA CITY, rOWA 52244,1350
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, Agenda 7-21-94 Page 2
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I a) Action re: permits
b) Action re: reports
1. Auditor's report' to the Board of SupervJsors for the 4th quarter of FY94.
2. Sheriff's report to the Board of Supervisors for FY94.
c) Action re: resolution accepting the July I, 1994 cash counts.
d) Other
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a) Report re:
other items.
8. Business from the County Attorney.
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9, Business from the Board of Supervisors.
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Discussion/action re: authorization by the Board to proceed with space
needs for the county.
Action re: Management Analyst position for Case Management.
Other
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10. Adjourn to informal meeting.
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a) Executive Session re: pending litigation of (he following/report/discussion:
1. Yellatzie vs, Johnson County.
2. Hagen vs. Iowa City and Johnson County,
b) Inquiries and reports from the public.
c) Reports and inquires from the members of the Board of Supervisors.
d) Report from the County Attorney.
e) Other
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Fesler's Inc.
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P.O. Box 99 Hwy. 965
North Liberty, Iowa 52317
Phone: (319)626-6520
Fax: (319) 626-2235
Reference: Iowa City, Iowa RFP: #94-118
, High Powered Voice and Siren System
July 14, 1994
To the City of Iowa City: , City Manager, Honorable Mayor, and Distinguished City
Council: '
Dear Mr. Atkins,
Fesler's Inc. respectfully submits the following for your review.
Fesler's Inc, is the qualified low bidder on the project RFP: #94-118. Another bidder,
Fulton Contracting Company of Roselle, Illinois, was allowed to make some
deductions from their bid. Additions have been added to Fesler's Inc. bid. The
additions to the Fesler's Inc. bid are incorrect, which has disadvantaged Fesler's Inc. in
the process. Written addendum or clarifications have never been issued to allow for
the clear understanding of the changing specifications. The result of the foregoing
actions have resulted in the appearance of Fulton Contracting being the apparent low
bidder. This is not the case.
Fesler's Inc. also believes the technical review was insufficient for at least the
following two reasons:
Reason #1. The competitive siren product was neither tested, physically reviewed or
presented to the committee in any form other than sales brochures. (The Whelen'
product is already in successful operation in Iowa City.)
Reason #2. We understand that the bid by Fulton Contracting features FSK or digital
signaling which will not work with the City or County's existing radio communication
network. Replacing the City and County's base station radios would add at least
$40,000 cost to the scope of this project. The project specification called for DTMF
signaling in recognition of the capabilities of the existing radio network. DTMF
signaling is successfully being used to activate the City of Iowa City's sirens, as well as
the sirens in other towns in Johnson County. Fesler's Inc. bid featured DTMF signaling
as specified.
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July 14,1994
Page 2
Fesler's Inc. has researched the capabilities of the radio network in Iowa City and
Johnson County with the communications contractor for both agencies,
Communications Engineering. Gene Miller of Communications Engineering has
advised the FSK will not work with these systems and we suggest you contact him.
Gene Miller advises that no inquiries of him concerning the communications system '
have been made by Fulton Contracting.
Reference: Iowa City, Iowa RFP: #94.118
,
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The bid from Fesler's Inc. will provide a working system. Fesler's Inc. is a local
business having operated in Johnson County for more than 30 years and has a
reputation for standing behind its bids and projects by always providing a working
product with no hidden costs to the customer. We also would like the point out that
David K. Fesler is the Regional Manager for Whelen Engineering Company Inc. and
that his office serves a nine state area. Whelen Engineering Company Inc.
manufactures the finest High-Powered Voice and Siren Systems worldwide. No siren
had ever equaled or beaten a Whelen Engineering siren in terms of power. and tone
and voice clarity. If this project is about serving the public with the best siren available,
then the choice is clear.
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Fesler's Inc., is the qualified low bidder on this project. We ask that you award this
project to Fesler's Inc. and direct your personnel to negotiate all final details with
Fesler's Inc.
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Respectfully submilled,
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Karen M. Fesler
President
Fesler's Inc.
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Rkhard W. Dilley ~
Vice President
Fesler's Inc.
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City of Iowa City
MEMORANDUM
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Date: July 21/ 1994
To: Honorable Mayor Susan M. Horowitz and Members of the City Council
From: Linda Newman Gentry, City Attorney
Re: Unfavorable Ruling in HaQen Electronics. Inc. v. Citv of Iowa Citv & Johnson
Countv; State Docket Nos. 49782 and 52525
As you can see from the attached, lengthy opinion issued July 15/ 1994 by Judge Thomas
M. Horan, the Court has ruled against the City and County, and in favor of Hagen on all three
of his claims:
1.
. Both the 1984 and the 1990 City/Johnson County airport zoning ordinance constitutes
a "complete taking" of Hagen's property rights, contrary to the Fifth and Fourteenth
Amendments to the U.S. Constitution, because the ordinance has essentially taken
away all development rights previously enjoyed by Hagen.
The Court went on to say that even if he applied Iowa law, Hagen had at least
established a "temporary taking" from 1984 to the time the injunction was dismissed.
2. The City and County's defense, namely that Hagen has "failed to exhaust administra-
tive romedies" before filing this lawsuit is not applicable because seeking a variance
or special exception from the City Airport Board of Adjustment would be a futile act.
3.
The airport zoning ordinances have violated Hagen' s substantive due process rights
under the Fourteenth Amendment, thereby establishing a Section 1983 constitutional
claim, because the City/s reasons for preventing Hagen from building on his property
were arbitrary, capricious, pretextual and not rational.
Finally, the Judge said the amount of "damages/" together with attorney fees, will be decided
at a second trial, see p. 38. As you recall from my memo on constitutional litigation, a party
who prevails on a Section 1983 claim is entitled to attorney fees under Section 1988.
I certainly disagree with the Judge's decision, and I am greatly disappointed. In any event,
David Brown, outside counsel for the City and the Airport Commission in this case, will
request a Rule 179(b), Iowa Rules of Civil Procedure "clarification of facts," but David and I
do not anticipate prevailing on the motion. David, Anne and I will be coming to you in
executive session August 1 or 2, 1994/ to discuss strategy.
cc: City Clerk
City Manager
Assistant City Manager
David Brown, Outside Counsel
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RECE:IVEO
JUL 19 1994
CITY ATTORNEY'S OFfICE
IN THE IOliTA DISTRICT COURT IN AND FOR JOHNSON COUNTY
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CITY OF IONA CITY, IOlvA, )
et al., )
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. Plaintiffs, )
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vs. )
)
HAGEN' ELECTRONICS, INC. , )
)
Defendant. )
HAGEN ELECTRONICS, INC. )
CLARENCE HAGEN, and )
KENNETH HAGEN, )
)
Plaintiffs, )
)
vs. )
)
THE CITY OF IONA CITY, )
IONA, and JOHNSON COUNTY, )
IOlvA, )
)
Defendants. )
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:FINDINGS OF FACT,
CONCLUSIONS OF LAW, JUDGMENT
AND DECREE
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Defendants.
Plaintiffs appeared by Clarence Ha'gem and their
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attorney, William L. Meardon. The city of Iowa city, Iowa, and the
Iowa city Airport Commission appeared by attorneys David E. Brown
and Anne Burnside. Also present throughout the proceedings was
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Richard Blum, the current chairperson of the joint Iowa
City/Johnson County Airport Commission. Johnson County, Iowa,
appeared by attorney J. Patrick White. The Court received numerous
exhibits and heard the testimony of various witnesses. After
hearing the testimony, reviewing the exhibits, viewing the property
in question and being fully advised in the premises, the Court
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enters the following ruling.
FINDINGS OF FACT
This case is another chapter in the seemingly never-ending
controversy, after adoption of airport zoning ordinances, between
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Iowa city/Johnson County Airport authorities and property owners
surrounding the airport. Hagen acquired a tract of land adjoining
Highway 1 in Johnson County, Iowa, in 1972. Hagen's land was (and
is) located southeast of the Iowa City Municipal Airport (the
airport). A complete drawing of the relevant land in the area,
including topographical features, was introduced into evidence as
Plaintiff's Exhibit 4. When Hagen acquired the land, two adj oining
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tracts of land, colloquially known as the Wade property and the Old
Capi tol Motors property, already had structures erected upon them.
Hagen's property was undeveloped. Both Hagen's and the adjoining
properties were zoned by the County for commercial use in 1972;
there existed no airport zoning ordinance at the time, although the
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properties were and still are subject to federal regulations
governing airports.
This is a general aviation airport and has been in existence
for more than a half century. The airport has three runways, 17-
35, 6-24 and 12-30. Numerous exhibits show the layout of the
airport. See,~, Plaintiff's EXhibits 17 and 18. Prior to the
events which gave rise ,to this litigation, runway 17-35 was the
airport's primary runway.
Runway 17-35 vias classified as a
nonprecision instrument runway, meaning that landings could be made
with instrument assistance. As shown in Plaintiff's Exhibit 18
(environmental analysis of the airport), 17-35 was designed to
accommodate heavier loads (almost double) than the other runways.
Until the mid 1970's commercial airlines such as Ozark used the
airport and particularly runway 17-35. The remaining runways (6-24
and 12-30) were classified as visual approach runways, meaning that
landings were not instrument assisted.
In 1974 Hagen applied for and obtained a building permit from
the County to erect a furniture store on his land. Hagen did not _
contact federal authorities when he obtained the permit. Hagen
never acted on the permit, and the permit lapsed. See Plaintiff's
Exhibit 7 (1974 permit).
Due to development at both ends of runway 17-35, the airport
fell into noncompliance with Federal Aviation Administration (FAA)
requirements for airport funding.
In an effort to achieve
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compliance, the city undertook a massive project to change the
airport. The project began in the late 1970 I s with the preparation
of an airport master plan study. The City hired L. Robert Kimball
and Associates, an engineering and architect firm from Kansas City,
Missouri, to prepare the airport master plan. In August, 1983, the
City hired Howard R. Green Company of Cedar Rapids, Iowa, to
prepare a zoning impact report (IIGreen reportll) associated with a
possible airport zoning ordinance. The Airport Commission and the
City adopted the master plan in 1982 and 1983 respectively. It is
not clear when the FAA approved the master plan although approval
was obtained. A copy of the master plan (Plaintiff's Exhibit 17)
and the environmental assessment (Plaintiff I s Exhibit 18)
associated therewith were introduced into evidence. A copy of the
Howard R. Green zoning impact report was introduced into evidence
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as Defendants' Exhibit s.
The master plan itself is filled with information concerning
the status of the airport at that time and proposals for the
future. According to various city witnesses (Byers, Zehr and Blum) _~
the purpose of a master plan study is to guide future airport
development. Airport master plans are apparently updated every 20
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years.
Before extensivelY,reviewing the contents of the 1982 master
plan, the environmental assessment the.reof and other significant
exhibits, the Court Idll define various terms associated with them.
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calls for runway 6-24 to become a nonprecision instrument runway,
a designation formerly associated with runway 17-35. The approach
slope for runway 6-24 was changed from 20:1 to 34:1, although the
approach slope existing prior to the change is disputed. The plan -
shows that the new approach slope actually penetrates the ground on
the Hagen and adj oining properties. other significant portions of ,/
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An '''approach slope" is an imaginary plane that proceeds outward and
upward beginning 200 feet at the end of a runway. For example, a
50:1 approach slope means that, from its point of beginning, for
every 50 feet horizontal distance outward from the beginning, it
elevates vertically one foot. An approach slope is a planning
device which assists authorities in determining which objects from
the end of the runway may be potential obstacles or hazards to air
navigation.' A "glide path" is the actual approach and departure
pattern for incoming and outgoing aircraft. Although the concepts
are related, the approach slope and glide path serve different
functions as related to airports.
According to the 1982 master plan, the primary runway would be
changed from runway 17-35 to runway 6-24. The master plan shows a
proposed l,OOO-foot extension of 6-24 toward the southwest and
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the master plan and the Green report will be discussed later.
The airport improvement project, designated as the Runway 6-24
Extension Project, apparently culminated with the adoption of 'a
joint City/County airport ordinance in November, 1984. A copy of
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the 1984 airport ordinance was introduced into evidence as
Defendants' Exhibit E. The ordinance imposed various restrictions
Use limitations. No use shall be permitted in
the DCL Zone in which there is connected
therewi th a building which according to the
1982 edition of the Uniform Building Code, has
an occupancy rating of 50 square feet of floor
area per person or less. In addition, the
following uses shall not be permitted:
(a) Campgrounds.
(b) Fairgrounds.
(c) Hospitals and institutions.
(d) Motels and hotels.
(e) Nursing and custodial home.
(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.
Defendants' Exhibit E ~IV(d) p. 250. In addition to the above use
restrictions, Hagen's property was subject to height limitations;
penetration of the approach overlay zone (approach slope) was
prohibited by the ordinance. Id. Section IV(c) (2). As previously
stated, the approach overlay zone for 6-24 was changed to 34:1,
id'l and the new approach slope penetrated the ground on portions
of Hagen's property. See Plaintiff's Exhibit 6 (cross section of
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Hagen I S property and approach slope penetration). structures which
violated but predated the ordinance were permitted to remain as
nonconforming uses. Defendants' Exhibit E sVI (Nonconformities).
For those who wished to develop their properties around the
airport, the ordinance provided an elaborate procedural maze for
doing so.
Ini tially, any developer who proposed erecting a
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and upward at a slope of 100:1, for a horizontal distance of 20,000
feet from the nearest point of the nearest runway, was required to
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notify the FAA and file a form 7460-1 Notice of proposed
construction. Id. sV(a). Developers were not required to notify
the FAA, however, if, among other things, the proposed structure
was IIshieldedll by existing structures of a permanent and
substantial character or by natural terrain or topographic features
of equal or greater height. Id. The appropriate local building
official was responsible for making the shielding determination.
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Concerning un shielded proposed development which would violate -
the ordinance, there existed provisions for special exceptions and
variances. Id. s IX and X. The ordinance created an Airport
Board of Adjustment (the Board) to hear applications for special
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exceptions and variances. with regard to special exceptions, a
developer is required to file an application with both the FAA and
the Board; special exceptions require FAA advice. Id. s IX(a) and
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(b). FAA advice is not required, however, for variances, at least
accordin~ to the ordinance, except for the notification
requirements in ~v. Id. ~X. The ordinance created an Airport
Zoning Commission (the Commission) to oversee airport operations.
Id. ~VII. As previously stated, in addition to the ordinance,
federal regulations existed concerning airports. A copy of the
applicable federal regulations concerning the 1984 ordinance was
introduced as Defendants' Exhibit I.
Hagen wanted to develop his unimproved lot in 1985, and
initially contacted Ben Johnson (Johnson), the County Zoning
Administrator, seeking a building permit. Johnson told Hagen to
contact Zehr, the then airport manager, since any proposed
development around the airport needed approval. Hagen consulted
with Zehr and discussed, among other things, whether the utility
poles and power lines between his property and the airport runway
constituted shielding and as such obviated the need to notify the
FAA of Hagen's plans. According to Hagen, Zehr told him that the
lines and poles were not considered Shielding. In any event, Hagen
submitted an application for a building permit on April 18, 1985.
See Plaintiff' s Exhibit 8.
Hagen proposed to use the lot to
display and sell mobile homes, satellite dishes and to store
equipment. rd.
Zehr was constantly in communication with Johnson concerning
Hagen's proposed development. Zehr initially believed that Hagen I s
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plan penetrated the approach slope and wrote J"hnson a memo to that
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Based on Zehr's April 26, 1985 memo, Johnson issued Hagen a
building permit on April 29, 1985. See Plaintiff's Exhibit 8.
Hagen filed the 7460 with the FAA on May 6, 1985. See Defendants'
Exhibit C (7460 form). Hagen began to sell satellite dishes and ~~
mobile homes immediately after he received the building permit.
Sometime in June, 1985, Zehr, according to his testimony,
"just felt something wasn't right" about Hagen's building permit.
Zehr recalculated the clearance on Hagen's property and concluded
that Hagen had only 8-1/2 feet of clearance instead of the 17 feet
mentioned in Defendants' Exhibit AA. Zehr put his conclusion in
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10
memo form dated June 18, 1985, and sent it to Johnson and Richard
Boyle, an Assistant city Attorney. See Defendants' Exhibit BB.
According to Zehr's memo, his initial calculations were wrong
because he calculated the clearance from the end of 6-24 as it
existed rather than from the end of the proposed extension. rd.
Zehr advised Johnson to revoke Hagen's permit. rd. Zehr informed
Johnson that the FAA would object to Hagen's development because of
its location ,in the clear zone. rd. As Zehr predicted, Hagen
received a letter dated July 16, 1985, which informed him that the
FAA objected to his mobile home sales office pecause it penetrated
the future 34:1 approach slope. See Plaintiff's Exhibit 9. The
FAA letter does not inform Hagen whether he has appellate rights.
See rd.
Hagen next received a letter from Johnson dated October 24,
1985. See Plaintiff's Exhibit 10. rn this letter Johnson informed
'.i ,1
Hagen that his structures penetrated the approach slope and the
clear surface of the clear zone. rd. Johnson informed Hagen that
the April 29, 1985, permit was revoked, and Hagen was directed to ~~
remove his operation by November 15, 1985. rd. Johnson's letter
notified Hagen of his right to appeal the determination t,o the
Board. rd. Hagen did not appeal the revocation of his permit.
Despite the revocation of his permit, Hagen continued his
mobile home and satellite dish sales operation on his property. On
Februaty 26, 1986, the city and the Commission brought an action in
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equity, Case No. 49782, and alleged that Hagen's operation violated
the 1984 airport ordinance because his structures penetrated the
approach slope and the clear surface of the clear zone. Petition
para. 15. The City and the Commission asked the Court to enjoin
Plaintiff from further illegal use of his property and to direct
him to remove the offending structures. On March 26, 1986, Hagen
filed an answer, affirmative defense and counterclaim. Hagen
admitted the allegations concerning the use of his property but
denied the remaining allegations. Hagen alleged the fOllowing as
affirmative defenses: (1) the ordinance was unconstitutional as
applied to Hagen as an arbitrary and unreasonable attempt to
exercise the police power (Division II); (2) the enactment of the
ordinance constituted a "taking" under federal and state law for
which the City and Commission should compensate Hagen (Division
III); (3) Hagen's property was outside the corporate limits of the
city and, therefore, it lacked jurisdiction over Hagen's property
(Division IV); and (5) selective enforcement. Answer pp. 2, 3.
Hagen counterclaimed against the City and alleged that the-
enactment of the ordinance constituted a taking and a violation of
Hagen's rights under 42 U.S.C. 61983 (substantive due process
viOlation). Id. pp. 3, 4. Hagen asked the Court to enjoin the
city and Commission from enforcing its ordinance and award Hagen
damages. Id. The City's reply, dated April 10, 1986, denied
Hagen's allegations' and alleged that Hagen failed to exhaust his
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12
administrative remedies. Hagen' amended his answer on August 4,
1987, to add a count for inverse condemnation of his land through
the City's imposition of the ordinance. In the amendment Hagen
alleged that the fair market value of the property decreased by
$200,000 due to the ordinance. The City again asserted in its
amended reply to the inverse condemnation count dated December 17,
1987, that Hagen failed to exhaust his administrative remedies and,
therefore, Hagen's claim was not ripe for review. The case was
,
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continued until the courts resolved Fitzqarrald v. citv of Iowa
Citv, Iowa, 492 N.W.2d 659 (Iowa 1992), cert. denied, 113 S.ct.
2343 (1993).
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Hagen brought a petition at law, Case No. 52525, against the
City and the County on November 13, 1989 (the County was not
involved in No. 49782). In his general allegations, Hagen alleged
that the ordinance constituted a "taking" by virtue of the
imposition of the 34: 1 approach slope and height restrictions
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associated therewith.
In Count I, Hagen sought a declaratory
jUdgment to that effect and also asked the Court to declare that -
the ordinance was an arbitrary I capricious, unreasonable and
invalid exercise of the police power in violation of Hagen's rights
(substantive due process) under 42 U.S.C. H983. Hagen sought
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attorney's fees under 42 U.S.C. ~1988. Hagen also requested an
injunction prohibiting enfo~cement of the ordinance against him
(Count II).
Id.
Hagen alleged that the height restrictions
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imposed by the ordinance constituted inverse condemnation and
sought damages therefor (Count III) Id. Hagen sought a writ of
mandamus to direct the City and County to institute eminent domain
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proceedings and condemn what Hagen alleged was taken (Court IV).
Id. Hagen again raised his civil rights claim in Count V of the
petition in 52525. Id.
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The City's response was twofold. First, the City dismissed
its equity injunction action (No. 49782)' on November 16, 1989,
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without prejUdice.
The dismissal was based on Johnson's
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determination, three years and nine months after the initiation of
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the injunction action, that the utility poles and lines actually
did constitute Shielding. See Defendants' Exhibit G. The City's
attorney wrote Hagen I s attorney a letter to confirm Johnson's
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determination on November 20, 1989. See Defendants' Exhibit D.
Next, the City filed an answer and raised affirmative defenses to
Law No. 52525 on December 8, 1989. The City denied that Hagen was
entitled to compensation. Id. In response to Hagen's deClaratory
judgment count, the City denied that the 34: 1 approach slope -
penetrated Hagen's property. Id. In response to the injunction
count, the City alleged that Hagen still had a reasonable Use of
the property and failed to pursue a "multitude" of administrative
remedies. Id. The City denied that inverse condemnation occurred.
rd. Concerning the mandamu~ count, the city again alleged that
Hagen failed to exhaust his administrative remedies. rd. Finally,
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14
in response to the civil rights count, the City alleged it had
absolute legislative immunity under unidentified state and federal
law. Id.
The County filed a motion to dismiss Case No. 52525 on January
17, 1990.
The County asserted that Hagen's claim was premature
because he failed to exhaust his administrative remedies. Hagen
responded on February 5, 1990, and alleged that exhaustion of
remedies was not necessary when it would be fruitless, expensive
and time consuming. Hagen further asserted that exhaustion was not
necessary for the civil rights count. This Court entered a ruling
dated April ,23, 1990, denying the County's motion to dismiss. The
County did not appeal. Cases 49782 and 52525 were sUbsequently
consolidated for trial.
In January, 1990, the City amended its ordinance to reflect
the fact that runway 6-24 was extended only 355 feet instead of the
proposed 1,000 feet. A copy of the 1990 amended ordinance was
introduced as Defendants I Exhibi t F.
A copy of the revised
January 1, 1990, federal regulations was introduced as Defendants' _
Exhibit J. The amended ordinance still has a 34:1 approach slope
for runway 6-24 but with a shorter extension of said runway,
Hagen's property was no longer in the clear zone. Hagen also has
more clearance on his property before penetration of the approach
slope (up to 11 to 12 feet a~ the maximum, as opposed to 5 feet or
less under the 1984 ordinance).
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15
Prior to trial, Hagen filed a motion to bifurcate. Hagen asks
the Court to determine first whether either or both the 1984 and
1990 ordinances constitute a "taking" and whether the City and
County violated Hagen's civil rights. Hagen sought to reserve the
question of damages for a later date. The city and County agreed
with Hagen's request.
According to the pretrial statements, the issues before the
Court are, in, no order of significance, as follows: (1) whether
the airport ordinances were takings or otherwise interfered with
Hagen's civil rights; (2) whether Hagen was required to exhaust
administrative remedies; (3) whether federal regulations applicable
to Hagen's property before he purchased same are of any
significance; and (4) whether there remains any economically viable
use for Hagen's property under the land restrictions imposed by the
ordinances.
Hagen called four witnesses. Much of Hagen's testimony is set
forth above. Hagen testified about the process he went through in
obtaining his April 29, 1985, building permit, including-A
conversations with Zehr about whether the utility poles and lines
shielded his property. Hagen testified that immediately after he
received his permit, he put five or six satellite dishes and a few
mobile homes on the property for sale, along with a sales staff.
According to Hagen, from th~ time he started to sell satellite
dishes and trailers until the city stopped him (February, 1986), he
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16
sold approximately 30 dishes, which generated $1,000 profit per
dish, and 4 or 5 mobile homes, which generated $400 to $500 profit
per home.
Hagen testified that he has no current plans for
developing the property and has not sought a permit to do so since
,
his prior permit was revoked in October, 1985, because of this
litigation and the time and expense involved in preparing surveys,
plans and specifications for development.
Edmond C. Fisher, an MAI appraiser with Roy R. Fisher, Inc., I'
,
" '
testified briefly about damages. Fisher testified that Hagen's
land was worth $123,000 before the imposition of the 1984 airport
ordinance and $7,000 after its imposition.
Bob Mickelson, a civil engineer with a landscape architecture
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firm in Iowa City, testified about the effect of the 1984 and 1990
ordinances on Hagen's and the surrounding properties. A copy of a
topographical map showing the effect of the 1984 ordinance was
introduced as Plaintiff's Exhibit 4, and a similar map concerning
1 '.~
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MiCkelson testified and as shown on Plaintiff's Exhibit 4, under -
the 1984 ordinance, the new 34: 1 approach slope penetrated the
ground on portions of Hagen's property, and the maximum clearance
prior to penetration of the approach slope on the property was five
feet. Mickelson testified that according to his calculations under
the 1990 ordinance, as sh~wn in Plaintiff's Exhibit, 5, the
clearance ranged from penetrating the ground at the back of Hagen's
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17
lot to 11 or 12 feet.
Mickelson stated that based on his
experience, 11-12 feet was not sufficient to erect a commercial
building (for which the County originally had Hagen's property
zoned). In Mickelson's opinion, both the 1984 and 1990 ordinances
impaired the value of Hagen's property.
Paul Anderson, another employee of MMS, who has dealt
extensively with the FAA in connection with development projects
adjoining Hagen's land, testified about his experiences with the
1990 ordinance.
Anderson submitted a notice of proposed
construction and plans for development to the FAA to obtain
approval for development of property immediately adjacent to
Hagen's land but further from the runway. The structures proposed
on the adjoining land also penetrated the approach slope. In a
letter dated November 15, 1991, the FAA informed Anderson that the
proposed development constituted a hazard to air navigation. See
Plaintiff's Exhibit 11 (second, page). The letter also informed
Anderson that the utility lines and poles did not constitute
shielding. Id. The developer (S & M Properties) appealed the ~~
decision on April 15, 1992, and on March 16, 1994, the FAA's
decision was affirmed. See Plaintiff's Exhibit 14 (ruling on
appeal). The point of Anderson's testimony appears to be that the
FAA, even under the 1990 ordinance, will not permit unshielded
development which penetrates"the approach slope. See Plaintiff's
Exhibit 12 (letter to Hagen's attorney setting forth FAA position
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18
and indicating that under no circumstances do the existing utility
lines constitute shielding).
The City presented four witnesses.
Richard Blum, the
chairperson of the Commission since its inception, testified about
the entire airport project.
Blum discussed the preparation
associated with the adoption of the 1982 airport layout plan and
1984 ordinance (Blum \~as apparently involved in drafting the
ordinance).
The most significant points of Blum I s testimony
concerned regulations allegedly applicable to Hagen I s property
before he (Hagen) purchased it. According to Blum, under the 1962
airport layout plan, a copy of which was introduced as Defendants'
Exhibit K, Hagen's property was subject to a 40:1 approach slope
(al though Defendants' Exhibit K uses the tern', "glide path"). As
shown on Defendants' Exhibit K, a 40:1 approach, slope penetrates
the ground almost completely on the Hagen property. Blum also
testified about Hagen's failure to contact the FAA or to utilize
the variance and special exception process in connection with the
development of his land. Blum described the noncompliance problem ~~
with the FAA and testified that as a part of the necessary
corrective procedure, the threshold of runway 17-35 was moved
southerly a distance of 450 feet.
Zehr, the former manager of the airport, confirmed Blum's
testimony and opined that Ha.gen's property was subject to a 40:1
approach slope from 1962 until the approach slope was changed to
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34: 1 by the 1982 updated airport master plan. Concerning the
testimony of Blum, Zehr and Byers, when shown the H. R. Green and
Kimball Associates studies which showed runway 6-24 to have a 20:1
approach slope prior to the 1982 master plan, these witnesses
claimed that they (the Green and Kimball reports) were mistaken.
!
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;
Zehr confirmed Blum I s testimony about Hagen I s failure to use
administrative channels to develop his property.
Greg Downes, an appraiser, testified about the effect of the
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ordinances on Hagen's property.
According to Downes, the
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restrictions imposed by the ordinances did not reduce the value of
Hagen's property since, in Downes' jUdgment, Hagen would be able to
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obtain a variance for development. When asked whether his opinion
would be different if Hagen could not obtain a variance, Downes
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testified that he was not prepared to render an opinion under such
circumstances.
Before engaging in any legal analysis, the Court will outline
.I ,j
the parties' respective positions.
Hagen claims: (1) the height
and Use restrictions imposed on his property by the 1984 and 1990
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airport ordinances deprived him of any economically viable use of
his property, and as such, constituted takings which require just
compensation under both the United States and State of Iowa
Constitutions; and (2) the imposition of the 1984 ordinance, along
with the City's suit and s~bseguent dismissal thereof, without
prejudice, deprived Hagen the use of his property in violation of
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20
42 V.S.C. ~1983, for which Hagen seeks damages and attorney's fees
under 91988.
The City asserts: (1) Hagen's taking claims are not ripe for
adjudication because Hagen failed to exhaust his administrative
remedies under both the airport ordinances and FAA regulations; (2)
no taking occurred because there remains an economically viable Use
for Hagen's property (this appears to be related to the previous
argument); and (3) Hagen's property was already subject to federal
regulations when Hagen purchased it which restricted development.
In response to the ci ty' s exhaustion requirement, Hagen
contends that he need not exhaust administrative remedies when to
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do so would be futile. This Court previously agreed with Hagen's
argument when, as previously mentioned, the County filed a motion
to dismiss based on the failure to exhaust remedies. See Ruling
dated April 23, 1990. Hagen asserts that the ruling is the "law of
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the case."
I'
CONCLUSIONS OF LAW
-
1. EXHAUSTING ADMINISTRATIVE REMEDIES
The Court first addresses the exhaustion of administrative
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21
As previously stated, the City contends that Hagen failed to
exhaust administrative remedies in several respects. First, the
City points out that Hagen did not appeal the FAA's decision in the
July 16, 1985, letter to him in which he was notified that the FAA
objected to his proposal. See Plaintiff's Exhibit 9 (FAA letter).
The City contends that Hagen failed to exhaust administrative
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remedies when he failed to appeal the October 24, 1985 revocation
of his building permit to the Airport Board of Adjustment. See
Plaintiff's Exhibit 10 (Letter from Johnson reVOking permit). The
City contends that Hagen failed to exhaust administrative remedies :Q
1
by not applying for a building permit after the city notified Hagen
by letter on November 20, 1989, that the utility lines and poles
constituted shielding, see Defendants' Exhibit D (Gentry letter),
and invited him to do so (this argument is apparently related to a
later argument that an economically viable use remains for Hagen's
property). Accordingly, the city concludes that Hagen I s taking and
~l983 claims are premature.
! -!
Hagen's argument against exhaustion is twofold.
-
Hagen
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contends that if an agency cannot grant the relief requested or
such an endeavor would be, fruitless, pursuit of such remedies is
not required. Second, since the County raised the exhaustion
requirement through a motion to dismiss and lost, and the County
did not appeal, the ruling b~comes the law of this case.
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22
Considering the latter argument first, a ruling not objected
to or excepted to, nor appealed from, is binding and conclusive on
an appellate court as the law of the case concerning the matter to
which it is directed. st~te v. steffus, 282 N.W.2d 120, 121 (Iowa
1979). citv of Ankenv v. Armstronq Co., 353 N.W.2d 864, 867 (Iowa
ct. App. 1984). Normally, no issue of fact is presented by a
'/
motion to disrr.iss, and a court, in ruling on a motion to dismiss,
does not conclusively determine the merits of the issues presented
in the petition. I.R.C.P. 85(a). In this case, however, Hagen
admits that he failed to exhaust administrative remedies as alleged
in the County's motion to dismiss. The merits of the motion ,to
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j
dismiss were adjUdicated. Accordingly, the Court concludes that
the April 23, 1990, ruling on the County's motion to dismiss
constitutes the law of the case until reversed on appeal. See In
Re Hinke's Estate, 240 Iowa 979, 38 N.W.2d 648, 651 (1949). This
ruling is binding on the' City as well. The City answered prior to
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the filing of the County's motion.
The County adequately
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represented the City's interest, as the city could not present _
evidence oth8r than that which was presented by the County.
Moreover, the City and County jointly operate the airport and the
acts of one are binding on the other. Although the analogy is not
perfect, Hagen's use of the rUling is similar to offensive issue
preclusion as outlined in Harri.s v. Jones, 471 N.lv.2d 818 (Iowa
,',
1991) .
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23
Even if the ruling is not the la\~ of the case, the Court
concludes that the doctrine of exhaustion of remedies does not
apply under the circumstances of this case. Normally a party must
exhaust administrative remedies before resorting to litigation.
Iowa Coal Mininq Co. v. Monroe County, 494 N.W.2d 664, 672 (Iowa
1993), cert. denied 113 S.ct.' 2415 (1993).
The doctrine of
exhaustion, however, is not absolute. Salsbury Laboratories v.
Iowa Dept. of ' Environmental Ouality, 276 N.W.2d 830, 836 (Iowa
1979). A party need not exhaust administrative remedies where the
administrative remedy is inadequate or its pursuit would be
fruitless. Id. Matters v. city of Ames, 219 N.W.2d 718, 719 (Iowa
1974). See Bass v. Joliet, 10 Ill.App.3d 860, 295 N;E.2d 53, 56
(1973) (exhaustion of remedies not applied where demonstrated
attitude of local authorities makes it ,clear that administrative
(
relief will not be forthcoming).
8A MCQuillin, Municipal
Corporations, 3rd Edition Rev. (1994) ~25.283.20 p. 490.
f- Hagen claims that pursuing administrative remedies would be
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! fruitless, time consuming and expensive. Hagen further asserts -
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that the local authorities (including the FAA) cannot and will not
grant any relief concerning penetration of the approach slope, as
shown by the experience of the abutting property owner discussed by
Anderson. Hagen concludes that he need not exhaust administrative
remedies under these circumstances.
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The Court agrees with Hagen. The City contends that when
Hagen received the July 16, 1985,' objection letter from the FAA
(Plaintiff's Exhibit 9), he should have contacted the FAA. The
July 18, 1985, letter to Hagen does not notify Hagen of' any appeal
rights (unlike a similar letter concerning the S & M development in
which appellate rights are discussed, see Plaintiff's Exhibit II,
p. 2). Even if the letter had notified Hagen of appeal rights, the
S & M experience shows that the FAA does not and will not permit
penetration of the approach slope absent shielding (shielding will
be discussed below). As shown in Plaintiff's Exhibits 11 and 14,
the FAA' did not permits & M to build structures which would
penetrate the 34: 1 approach slope; any such structure would be
considered a hazard to air navigation and' therefore would be
prohibited. This determination was made under the 1990 airport
ordinance, which purports to be less restrictive than the 1984
ordinance. The Court parenthetically notes that S & M had to wait
nearly two years (notice of appeal dated April 16, 1992, ruling
issued March 16, 1994) to get a final adjudication from the FAA _
while its property remained (and remains) unimproved.
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The City contends that the FAA.does permit penetration of the
approach slope and therefore relief could have been granted to
Hagen. The City points to New Life Fitness as an example. As
shown by Plaintiff Exhibit 13, however, New Life Fitness is
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25
shielded by eXisting ground (ground closer to the airport has a
three-foot higher elevation) .
As another example of the futility of exhausting
administrative remedies, the Court notes with interest the apparent
disagreement about shielding between the FAA and local zoning
authorities. Under both the 1984 and 1990 ordinances, a project
sponsor need not file a 7460 notice of construction of "any object
that would be shielded by existing structures of a permanent and
substantial character or by natural terrain or topographic features
of equal or greater height. . . " See Defendants' Exhibits Eand
'.
,
ID
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F sV(a) p. 252. Hagen asked Zehr whether his property was shielded
by the existing utility lines and poles, the heights of which
exceed the Hagen property by many feet. Zehr's initial memo to
Johnson dated April 25, 1985 (Defendants' Exhibit Z) said the lines
were not shielding. Hagen's building permit was revoked on October
24, 1985. The City, on February 26, 1986, brought suit against
Hagen to enjoin his use of the property. For reasons unexplained
at trial, however, the City shifted its position in November, 1989, _
and decided that the utility poles and lines were shielding for
Hagen's property. See Defendants' Exhibit G (O'Neill letter to
Johnson). Defendants' Exhibit D (City attorney's letter to Hagen's
'!
attorney telling him of City's new position).
The city then
dismissed its lawsuit without prejudice. Interestingly, had the
City determined in April, 1985, that the poles and lines were
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26
shielding as it did in November, 1989, the FAA would not have been
notified according to the ordinance. 'See Defendants I Exhibit E
~V(a) ,
Hagen would have continued to operate under a valid
building permit; Hagen would not have been sued by the City and
would not have paid the expenses of the suits in which he is
currently involved.
It now appears that the city's determination of shielding is
at odds with, the dictates of the FAA. As shown on page 2 of
Plaintiff's Exhibit 11, a subsequent letter from the FAA,
Plaintiff's Exhibit 12 (" , . . under no circumstances would we
consider the power line as acceptable shielding for other
structures. . ,II) and Plaintiff Exhibit 14 (denial of appeal of
S & M dated March 14,1994), the FAA does not consider the utility
lines and poles to be shielding. Further, as Zehr testified
without any foundation or specificity, the shielding determination
,I,j
by the FAA can vary from day to day and person to person. Hagen
cannot be expected to endure such a time consuming and expensive
process if the authorities making such determinations cannot agree -
among themselves, The evidence shows that the FAA does not permit
penetration of the approach slope under either the 1984 or 1990
ordinance without shielding, and the Court concludes that pursuit
of the administrative remedy with the FAA would be fruitless.
The City claims that Hagen also could have appealed the
revocation of his building permit and applied for a variance or
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27
special exception. The above analysis applies with equal force to
this argument. As Zehr testified, the FAA is consulted in
connection with applications for both variances and special
exceptions (aithough under the ordinance it ostensibly appears that
variances may be granted without FAA approval, gg Defendants I
Exhibit E, sX). The FAA does not permit penetration of the 34:1
approach slope without Shielding (other than previously existing
nonconforming' uses) .
The Court concludes that appealing the
revocation of the permit or applying for a variance or special
exception, under the circumstances, would be useless, and Hagen is
not required to do so. The Court parenthetically notes that Hagen
need not exhaust his administrative remedies for his s1983
substantive due process claim. Bakken v. citv of Council Bluffs,
470 N.W.2d 34,39 (Iowa 1991).
The Court will proceed to discuss
Hagen's takings claim.
2. TAKINGS CLAIMS
Hagen claims that both the 1984 and 1990 ordinances constitute
regulatory takings.
Regulation which prohibits all economically
beneficial Use of land, ,with the IIpermanent physical occupation II
that typifies the sort of taking, gives rise to the right to just
compensation. Iowa Coal, 494 N.1L2d at 670 (quoting Lucas v. South
Carolina Coastal Council, 112 S.ct. 2886, 2900, 120 L.Ed. 798, 821
(1992)) .
When such a deprivation occurs, the only way the
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28
regulating authority can avoid compensation is if it can show the
property owners "bundle of rights" never included the right to use
the land in the way the regulation forbids. Iowa Coal 494 N.W.2d
at 670 (quoting Lucas) .
Short of a Lucas type taking, Iowa Courts also recognize that
regulatory schemes which substantially deprive a landowner of the
use and enjoyment of property may be compensable. Id. at 670.
Finding the point at which such regulations become a taking
requires a case-by-case analysis. Id. Under Iowa law, the Court
examines the value of the use remaining rather than the diminution
'.
of the value of the property. Fitzqarrald, 492 N.lV.2d at 665.
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Accordingly, a mere diminution in market value of the tract as a
whole is insufficient to constitute a taking. Id. at 666. The
Court will analyze both types of takings under both the 1984 and
1990 ordinances.
I,!
The Court concludes that the 1984 ordinance prohibits all
economically beneficial use of Hagen's land. Recall that under the
1984 ordinance, the maximum allowable clearance on Hagen's property -
before penetration of the approach slope was 5 feet (according to
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or 8-1/2 feet (according to Zehr).
As previously
discussed, Hagen could not get a variance, special exception or FAA
approval for his Use of property and, in fact, had his building
permit revoked.
Mickelson testified in connection with the 1990
ordinance that there existed no feasible commercial development
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29
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with 11-12 foot height restrictions, and under the 1984 ordinance,
the restrictions were greater. Fisher testified that the property
was worth $123,000 before the imposition of the 1984 ordinance and
$7,000 afterwards. The property retained 5.69 percent of its
original value after the enactment of the ordinance. The Court
concludes that Fisher's testimony is more believable than that of
Downes, especially in light of Hagen's evidence that he could not
obtain a variance or special exception from local zoning officials
or any relief from the FAA.
The analysis is the same under the 1990 ordinance.
As
\
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Mickelson stated, there exists no reasonable commercial development
possibilities (recall that under the County's zoning ordinance
Hagen's land is zoned commercial) with height restrictions of 11-12
feet. As demonstrated by Anderson's testimony and the S, & M
exhibits, the FAA currently will not permit penetration of the 34:1
approach slope in this area absent shielding. There remains no
economically viable use for Hagen's prope~ty under either the 1984
or 1990 airport ordinances pursuant to the Lucas analysis.
The City resists this conclusion by pointing out that it and
the County have determined that the utility poles and lines
constitute shielding (and have shielded the property, according to
the city, since November, 1989) and that Hagen may now be able to
obtain a building permit, variance or special exception under the
ordinance. The city apparently concludes that Hagen ,cannot show
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30
his property has no economically viable use left and therefore has
no taking claim. There are two major problems with this argument.
First, the city assumes that its determination concerning shielding
is correct. As shown in Hagen's exhibits, however, the FAA stated
(-'
"
on July 15, 1991 (Plaintiff's Exhibit 11), March 22, 1992
(Plaintiff's Exhibit 13) and March 16, 1994 (Plaintiff's Exhibit
14) that the utility lines and poles do not constitute Shielding.
In fact, if the City was convinced that Hagen's property was
shielded, perhaps it would have dismissed its injunction action
with prejudice (instead of without prejudice). In any event, as
Zehr testified, the FAA is always consulted when a proposed
development would penetrate the approach slope, regardless of
shielding. Apparently the city wants Hagen to run the risk that
the City'S shielding determination is wrong (which Hagen would do
if he developed the property when the FAA states that no Shielding
exists). The Court will not require Hagen to do so.
Second, the city forgets that it brought an injunction action
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shielding, which sat on file from February 16, 1986, until
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November 16, 1989.
As Blum testified, this was "possibly" a
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mistake. In any event, the City's dismissal in November, 1989,
does not address the temporary regulatory taking existing from 1984
(the enactment of the ordinance) to that date which the Court
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31
concludes occurred. See Nemmers v. city of Dubuque, 764 F.2d 502
(8th Cir. 1985) (discussing temporary takings).
The city argues that Hagen's property was subject to
preexisting regulations which prohibited development prior to the
acquisition of his property, and therefore, no taking occurred. A
,similar argument was made in Fitzqarrald, of which the Court was
asked to take jUdicial notice. In the Iowa Supreme Court opinion,
however, the ,fact that preexisting regulations governed the
property did not appear to be of any significance.
See Id., 492
N.W.2d 659.
The preexisting regulations come in the form of an alleged
40:1 approach slope which, according to the city, governed Hagen's
land since the adoption of the 1962 airport master plan. See
Defendants' Exhibit K. The City claims that the 40:1 "glide path
for existing runway," which the City says means approach slope,
penetrated the ground on Hagen's property and prohibited
development before Hagen acquired the tract in 1972. The Court
notes that on sheet 3 of 9 in Defendants' Exhibit K (profile of
southwest runway), the term "glide path for existing runway" also
appears on a 20:1 line. Moreover, there is no evidence to show
that the term "glide path for existing, runway" means approach
slope, or that the 40:1 approach slope applied prior to 1982.
Assuming preexisting regulations are of significance, the
correct approach slope in existence prior to the adoption of the
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32
1984 ordinance is important, and the testimony shows that under a
20:1 approach slope, Hagen could erect structures as higher than 35
feet before penetration of same.
In other Words, Hagen's
development (satellite dishes and mobile homes) penetrated the 34:1
.
approach slope under the 1984 ordinance but not a 20:1 approach
slope; if the 20:1 approach slope applied before the 1984
ordinance, there were no relevant preexisting height restrictions
on Hagen's property.
The Court concludes that prior to the adoption of the 1984
ordinance or 1982 master plan, Hagen's property was subject to a
20:1 approach slope.
According to the applicable Federal
regulations, Defendants' Exhibit I, fi74.25(d) (2) (1), p. 116, the
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approach surface for a utility or visual runway, such as 6-24 prior
to the proposed extension, is 20:1. According to the H. R. Green
report, a report commissioned by the city in August, 1983, the
existing approach slope for 6-24 was 20:1. Defendants' Exhibit J
p. 7. According to the master plan adopted by the City and the
Commission, the existing approach slope for 6-24 was 20:1.
Plaintiff's Exhibit 17. Presumably, the commission reviewed these
documents before accepting them.
The City itself is not sure of the approach slope existing
prior to the airport renovation project. Zehr and Blum testified
that the existing approach slope prior to th~ airport project was
40:1. The City's documents, however, indicate that prior to the
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33
improvements, the approach slope was already 34:1 on the southwest
runway. See Defendants' Exhibit X, p. 3 of 10. When deposed in
the Fi tzqarrald case, Zehr testified that all runways had 20: 1
approach slopes except 17-35, which was, at the time prior to the
improvement project, the primary runway. Based on the 1982 master
plan, the Green report and the apparent confusion in the City's
testimony, the Court concludes that the approach slope was 20:1
prior to the adoption of the 1982 master plan and associated 1984
zoning ordinance. Accordingly, even if preexisting regulations are I
!
of significance, Hagen's development could have remained under the ID
20: 1 approach slope, and no preexisting regulations would have
restricted it. Based on the above analysis, the Court concludes
that the 1984 ordinance completely deprived Hagen of all
commercially beneficial use of his land and, as such, constitutes
a total regUlatory taking. For the reasons stated above, the
City'S dismissal of its injunction action and determination that
the utility poles and lines constitute shielding, in light of
contrary statements from the FAA, does not change the result.
The Court arrives at the same conclusion with respect to the
1990 ordinance. As MiCkelson testified, the 1990 ordinance permits
structures of up toll to 12 feet in height; the testimony shows
that such restrictions rule out any feasible commercial
I,!,
-
development,
The testimony concerning the value of Hagen's
property was discussed above. Again, although the City claims that
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34
Hagen' s property is shielded, the FAA says otherwise. The
discussion above about preexisting regulations also applies. Hagen
should not run the risk of viOlating FAA restrictions. The Court
concludes that the 1990 ordinance completely deprives Hagen of all
economically beneficial use of his land and, as such, constitutes
a total regulatory taking.
Even if the 1984 and 1990 airport ordinances are not a total
,
regulatory taking as in Lucas, as previously stated, regulations
which substantially deprive a landowner of the use and enjoyment of
property may be compensable.
Iowa Coal, 494 N.W.2d at 670.
Fitzqarrald, 492 N.W.2d at 663. This analysis requires the Court
to determine whether the regulations are "reasonable.1I 'stone v.
city of Wilton, 331 N.W.2d 398,404 (Iowa 1983). Three factors are
important:
(1) The economic impact of the regulation on the
(""
\
claimants' property; (2) the regulations interference with
investment-backed expectations; and (3) the character of the
governmental action. Iowa Coal, 494 N.W.2d at 670 (citing Penn
Cent. Transp. Co. v.New York City, 438 U.S. 104, 124, 98 S.ct. -
r1
I
,
2646, 2659, 57 L.Ed. 2d 631, 648 (1978)).
Under the three-factor test above, the Court concludes that
both the 1984 and 1990 ordinances constitute a taking. with regard
i to the first factor, Hagen t s property was worth $123,000 before the
,
I
,
I imposition of the 1984 ordinance and $7,000 (5.69 percent of its
~
,j original value) afterwards. As discussed above, Hagen's property
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35
had a 5 to 8-1/2 foot clearance under the 1984 ordinance and 11 to
12 foot clearance under the 1990 ordinance; no reasonable
commercial development of this land is feasible, given the FAA's
unwillingness to permit penetration of the 34:1 approach slope.
Again, the City's arguments about shielding and preexisting
regulations have been previously discussed.
Concerning the second factor (regulation interference with
investment-backed expectations), two other businesses, Old Capitol
Motors and Modern Drywall (I~ade), already operated in the area
(those buildings penetrate the 34:1 approach slope but exist as
non-conforming uses). Hagen submitted a proposed development in
1974. In 1985 Hagen was selling satellite dishes and mobile homes
on the property until the city stopped him. Hagen had invested
money in the dishes to sell.
Concerning the nature of the governmental action involved, it
is undisputed that the city and County can regulate the height of
property around an airport for the health, safety and welfare of
its citizens. In this case, however, two large buildings ~ith -
heights of more than 25 feet already surround the Hagen property
(Old Capitol Motors and Wade buildings). Moreover, according to
the City, Hagen's property is shielded, which the City contends
mitigates against'finding a taking since Hagen could now develop
the property without height restrictions (presumably to the height
of the alleged shielding, the utility lines and poles).
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36
Apparently, the city is willing to concede now that the police
power does not require height restrictions over the Hagen property,
although the FAA disagrees. Based on the financial impact of the
regulations, the frustration of Hagen's investment-backed
expectations and the character of the governmental action, the
Court concludes that the imposition of the 1984 and 1990 ordinances
constitute a taking under the Penn Central test.
j',
"
3. SUBSTANTIVE DUE PROCESS
The next question is whether the City violated Hagen's right
to substantive due process. Zoning decisions must not be arbitrary
and capricious so as to amount to an abuse of governmental power.
Williamson Countv Reqional Planninq Comm'n. v. Hamilton Bank, 473
Q
r
U.S. 172, 105 S.ct. 3108, 87 L.Ed.2d. 126 (1985). The test
apparently adopted by the Iowa Supreme Court is as follows:
First, it must be determined whether there has
been a deprivation of a federal
constitutionally protected interest, and
secondly, whether the deprivation, if any, is
the result of an abuse of governmental power
sufficient to raise an ordinary tort to the
stature of a constitutional violation.
'1,1
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Bakken v. citv of Council Bluffs, 470 N.W.2d 34, 38 (Iowa 1991)
(quoting Rvmer v. Douglas County, 764 F.2d 796, 801 (11th Cir.
1985)). Deprivation of a property interest is of constitutional
magnitude if undertaken "for an improper motive and by means that
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37
were pretextual, arbitrary and capricious and . . . without any
rational basis." Bakken, 470 N.W.2d at 39.
The first prong of the Bakken test is met. As shown above,
the City has taken Hagen's land through the imposition of the 1984
and 1990 airport ordinances.
Hagen's
fifth and fourteenth
amendment rights were violated by the city.
The second prong is also met. The city's arbitrary actions
are shown by the initiation of the injunction suit against Hagen in
February, 1986. The city and County revoked Hagen's building
permit in October, 1985, after communication between Zehr and ~
Johnson. Hagen defended a lawsuit for almost four years based on
the City's initial position that Hagen's property was not shielded
by the utility lines and poles. See Defendants' Exhibit Z. In an
amazing change of position subsequent to Hagen's filing of Case
No. 52525, the city and County determined that Hagen's property
was, after all, shielded despite no physical change in the utility
lines and poles. The city, however, dismissed its case without
1,1
prejudice (as opposed to with prejudice), thus leaving the way open -
to institute the suit again if the FAA disapproved of possible
development by Hagen. The city then contends that Hagen could
develop the property after its suit was dismissed, despite
uncontroverted evidence that the FAA does not consider the utility
poles and lines to be shield.ing. Hagen has been forced to leave
his property undeveloped and retain counsel to defend the City's
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38
admittedly improper injunction action. Based on the above, the
Court concludes that Hagen's substantive due process rights were
,
violated by the City.
In summary, the Court concludes that Hagen I s taking claims are
not barred by the doctrine of exhaustion of administrative
-
-
attorney's fees will be scheduled for a later date. ,
Dated this 15th day
OU\1994.
~~~~
JUDGE, SIXTH JUDICIAL DISTRICT OF I01~A
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City of Iowa City ,
MEMORANDUM
t.,
Date: July 20, 1994
To: Honorable Mayor Susan M, Horowitz and Members of the City Council
From: ' Linda Newman Gentry, City Attorney
\;
Re: Recoupment of Impact Fees for Use of City Resources, Solon, Iowa Ordinance
Jim Martinek, who is City Attorney for Solon, lowa, forwarded an ordinance which the City
of Solon passed in May of this year, see attached, This "impact fee ordinance" is very far.
reaching, but I am forwarding it to you as "food for thought."
If there are a sufficient number of you interested in pursuing a broader.based impact fee
ordinance, in conjunction with the new opportunities you have available under state legislation
just enacted this past session, namely House File 2343, then we need to have a "planning or
brainstorming session" on some of these new "creative lawyering/legislation" endeavors, As
some of you may know / House File 2343 sets forth special assessment districts for collecting
sewer and water fees, but the fees can only be used for operation and debt service - as
opposed to capital improvements.
,'-"
If a sufficient number of the City Council is interested in pursuing more "impact fee .
legislation," such as the Solon example, I would need to take a much closer look at the Solon
ordinance, or any other suggested legislation models, based on the recent U,S, Supreme Court
case of Dolan v, TiQard, In a word, I am not, by way of this memo, giving you a legal opinion
that the Solon ordinance would "pa~s constitutional muster" under the Dolan v, TiQard case,
I make no opinion, one way or the other,
,"'"
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cc: City Manager
City Clerk
Assistant City Manager
Chuck Schmadeke, Public Works Director
Karin Franklin, PCD Director
Doug Boothroy, Director, H&IS
Sarah Holecek, Land Use Attorney
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fH~Ci::lVED
JUL 14 199415,16,070--15.20.010
CllY ATTORNEY'S OFFICE
He shall keep an account of the expense of such removal and
the house mover shall be liable to the municipality on his
bond for such expense. (Prior code 95,10.5),
15,16.070 Failure to remove obstructing building. It
is unlawful to allow any building, for the removal of which
a permit shall have been obtained, to remain upon or occupy
any street, alley or sidewalk after the expiration of the
time as limited in the permit. If a certificate, signed by
a majority of the members of the committee on streets and
alleys, that a reasonable cause exists for the permit hold-
er failing to remove the buildings from the street, alley
or sidewalk within the time limit, such certificate shall
be a good and sufficient defense in any action commenced
under this section. (Prior code 95.10.6).
15.16.080 Violation--Penalty. Anyone violating any
of the provisions of this chapter, shall upon conviction,
be subject to imprisonment not exceeding thirty days, or to
a fine not exceeding one hundred dollars. Whenever the
fine and costs imposed for the violation of this chapter
are not paid, the person convicted may be committed to jail
until the fine and costs are paid, not to exceed thirty
days. (Prior code 95.10.8).
i
Chapter 15,20
RECOUPMENT FEES FOR USE OF CITY RESOURCES
Sections:
15,20.010 Purpose,
15.20.020 Legislative findings,
15.20.030 Definitions,
15.20,040 Imposition of recoupment fee.
15,20,050 Payment of fee.
15.20.060 Use of funds.
15,20.070 Refund of fees paid.
15,20.080 Exemptions.
15,20.090 Credits.
,
1.1
15.20.010 Purpose. The purpose of this chapter is to
regulate the use and development of land so as to assure
that new development bears a proportionate share of the
cost of capital expenditures necessary to provide public
capital facilities in Solon, Iowa. This must be done in
order to promote and protect the public health, safety and
welfare of the citizens and to expand the city's capital
facilities to maintain current standards. This chapter is
also intended to assist in the implementation of the land
121
(Solon 5/94)
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15.20,020--15.20,040
use plan and capital improvements plan, (Ord, 228 91,
1993) ,
15.20.020 Legislative findings. A, The imposition
of fees upon developers is a preferred method of ensuring
that development bears a proportionate share of the cost of
public capital facilities necessary to accommodate such de-
velopment, This must be done to promote and protect the
public health, safety, and welfare of the citizen~ of the
city.
8, The process of development through the issuance of
building permits will create a need for the construction,
equipping or expansion of public capital facilities,
C, The fees imposed upon developers are derived in
part from, and do not exceed, the costs of providing addi-
tional public capital facilities necessitated by new land
development for which fees are levied,
D. The determination of an appropriate fee cannot be
found by adherence to inflexible standards, but rather
should be arrived at in an examination of the particular
factors involved in each development. There must be a ra-
tional nexus between the need for enhanced public capital
facilities and the requirements upon these facilities by
the new development. The fees imposed must not exceed the
proportional cost share incurred by the city in accommodat-
ing the developer. There must be a reasonable connection.
between the expenditure of fees collected hereunder and the
benefit received by the new development paying the fee.
E, It is equitable to shift a portion of the expense
for enhanced public capital facilities to one who caused
the need for the increased services. Without shifting of
the cost for public capital facilities a developer would ,
reap a windfall at the expense of the citizens of the city.
(Ord. 228 92, 1993).
15.20.030 Definitions, "Developer" means any person
applying for a building permit for a structure, the con-
struction of which will impact upon public capital facili-
ties,
"Public capital facility" means all city facilities as
set forth in the capital improvements plan for the city, any
city enterprise or public improvement as set forth in Chap-
ter 384.24(2) or 384.37(1) of the Code of Iowa, or as desig-
nated by resolution from time to time. (Ord. 228 93, 1993).
15.20,040 Imposition of recoupment fee. A. Any per-
son who seeks to develop land in Solon, Iowa by applying
for a building permit is required to pay a fee in addition
to the set building permit rate schedule. The amount of
the fee shall be determined by the city council. The de-
veloper shall have the right to a hearing before the city
council if he or she is aggrieved by the fee levied.
122
(Solon 5/94)
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15.20.050--15.20.070
At the hearing the developer may present such evidence or
information as may be available in an attempt to show the
fee set is inappropriate. The city council may take such
action as it deems equitable with regard to the amount of
the fee at the conclusion of the hearing.
B. In addition to other relevant factors the city
council may consider the following in determining an equi-
table recoupment fee:
1. The cost of existing,public capital facilities;
2. The method of financing existing public capital
facilities;
3, The extent to which the new development has al-
ready contributed to existing public capital facilities;
4. The extent of future contributions of the new
development, i.e" user charges;
5, Whether the developer may be entitled to a
credit against all or a portion of the fee imposed hereun-
der on account of the nature of a particular public facili-
ty and its use in common with others not a part of the new
development;
6. Unusual costs associated with providing servic-
es to the new development;
7. The time value of money for fees collected far
in advance of actual expenditure for the project. (Ord.
228. 94, 1993).
15,20,050 Payment of fee, The fee payer shall pay
the recoupment fee imposed hereunder prior to the issuance
of a building permit. lOrd. 228 95, 1993).
15.20.060 Use of funds. A. Funds collected here-
under shall be used solely for the purpose of acquiring,
equipping and/or making improvements to publi~ capital
facilities under the jurisdiction and control of the city.
Funds collected hereunder shall not be used for maintenance
or operations.
B, In the event that bonds or similar debt service
instruments are issued for advance provision of capital 'fa-
cilities for which recoupment fees could have been expend-
ed/ fees collected hereunder may be used to pay debt ser-
vice on such bonds or debt instruments, (Ord. 228 96,
19931 .
15.20.070 Refund of fees paid. If a building permit
expires without the commencement of construction then the
developer shall be entitled to a refund, without interest,
of the fee paid hereunder. The fee payer must submit a
written refund request within thirty days o'f the expiration
of the building permit to receive a refund. lOrd. 228. 97,
1993) .
122-1
(Solon 5/94)
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15.20.080--15.20.090
15.20.080 Exemptions. The following types of con-
struction shall be exempt from the imposition of a devel-
opment fee:
A. Alterations or expansions of an existing building
where no additional units are created and the use is not
changed;
B. The construction of accessory buildings or struc-
tures;
C. The replacement of a building or structure with a
new building or structure of the same size or use;
D. Any other construction for which a building permit
is not otherwise required. (Ord. 228 ~8, 1993).
15.20.090 Credits. In lieu of the payment of all or
a portion of a fee hereunder and with the consent of the
city council a developer may dedicate land to the city.
The amount and location of the land will be determined
through negotiation. Merchantable title to such land must
pass to the city prior to the issuance of a building per-
mit. lOrd. 228 ~9, 1993).
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Water Project
Discussion Agenda
July 21, 1994
project Review
. historical issues
. compliance with safe Drinking water Act
. DNR/EPA enforcement
. project goals
water Treatment Plant
. land purchase/condemnation
. land/site considerations
. land use plan
. plant/site design charrette
. plant design - treatment technology
- supply. river/wells
. value engineering
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WATER FUND - RATE INCREASE
Bond Issue ReQuirements to Fund $50.000.000 Proiect
The total projected funding needed for the new Water Plan Facility is $50/000/000, A
combination of general obligation (GOl and revenue bond issues will pay for the project.
Water fees will pay for the debt service on the new bond issues. Below is the projected bond
schedule:
Annual Debt
Debt Issue Service Requirement
1994 General Obligation (GOl Bond Issue $1/500,000
Calendar Year 1995 Revenue Bond Issue $48/500,000
TOTAL $50/000/000
$223/044
$4/328,000
, '
Revenue ReQuirements
Bond counsel and the rating agency will require the City to find a debt service reserve equal
to the highest one year debt service over the life of the bonds (est. $4/328,000). This
reserve has been factored into the $50 million bond issue, They will also require revenue
coverage to be at least 110% of the annual debt service on the new revenue bond issue,
>"
Example using rate increase of 30% on January 1, 1995, and 80% on January 1/ 1996. This
assumes flat percentage increases to all minimums and rate blocks.
FY93 FY94 FY95 FY96 FY9'7\
Actual Actual Budget Proposed Proposed
Revenues:
Rate Increase 30% 80% 5%
Water Sales $3/379/194 $3/467/987 $3/988/185 $6,311,700 $8,104/700
All Other Income 141/654 238/534 147,000 177/000 242/000
Total Revenue $3/520/848 $3,706,521 $4/135,185 $6,488,700 $8/346/700
,II Expenses:
~ !
,
i Operating Expenses $2,322/687 $2,561/610 $2/872/598 $2,910,538 $3/080,228
,
Capital Outlay 141,250 241/092 172,150 140/000 140,000
Transfers 136/000 778/024 136/000 136/000 136/000
Existing Debt 401,518 260,863 243,493 426/549 4/718,634
New Debt 223/044 4/328/000
Total Expense 3,001,455 3/841/589 3.647/285 7,941/087 8/074/862
Beginning Balance 1,388,682 1,908,075 1/773/007 2,260,907 808,520
Ending Balance 1,908,075 1/773/007 2,260,907 808/520 1/080/358
Debt Coverage 83% 122%
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2
Historical Persoective
I would like to highlight some of the FY93 information, the water consumption billed and
pumped report by user type, The City of Iowa City operates a predominantly residential water
system. When you combine University Heights, multi-dwelling, residential and second meters,
this accounts for over 90% of the accounts billed, In terms of revenue generated, residential
users account for approximately 68% of the revenue, Commercial users account for
approximately 7% of the accounts billed but approximately 17% of revenues. Industry
accounts for 7% of the revenues,
Rate increases in the past included increasing not only the minimum use charges but all the
rate blocks at a flat rate across the board. This is what was done in September of 1991
when water rates were increased approximately 25% and sewer rates were increased
approximately 10%, Minimum bills in the wastewater treatment fund account for
approximately 20 % ($1.1 million) of the total dollars generated and in the water fund
approximately 31 % ($1 million), As you can see, the minimum bill plays a major part in the
revenue produced for each fund, The minimum bill is one of the factors that is looked at
when Moodys Investors Inc, rates the City's bonds, The better the rating, the lower the
interest rate on the bonds for the City and, ultimately, a better and lower interest cost.
Water
FY93 water fee revenue totaled approximately $3,2 million, Current minimum charges vary,
depending on meter size, The most common meter is a %" meter with a $5,30 per month
charge for up to 200 cubic feet of water use, Minimum charge fees account for over 31 %
or approximately $1 million, A declining rate is currently in effect. Water usage from 201 to
3000 is charged at $1,10 per 100 cubic feet and over 3000 at $,79 per 100 cubic feet. Iowa
City residents (single-family up to four-plex) account for over 58% or approximately $1,88
million of total revenue, An additional 5 % state sales tax is charged on the water portion
only.
o
Wastewater
FY93 wastewater fee revenues totaled approximately $5.8 million, The current minimum
charge is $6,30 per month for up to 200 cubic feet of water use, Minimum charge fees
account for over 19% or $1,1 million of the total revenues of $5,8 million. A flat $1,54 per
100 cubic feet is charged for usage greater than the minimum, This flat fee was tested by
the courts in the University of Iowa lawsuit against the City and the City prevailed, Iowa City
residents (single-family up to four-plex) account for almost 39% or $2.2 million of total
revenues, The University of Iowa is the largest single user and accounts for approximately
21 % or $1,2 million of the other revenue,
1,1
The surcharge for Biochemical Oxygen Demand (BOD) and Suspended Solids (SSI accounts
for approximately $150/000, This surcharge is for those users who contribute wastewater
having a strength which is greater than normal domestic wastewater,
.
Schedule 1 - FY93 Base Year
"
I
Schedule 1 shows dollars generated from an Iowa City resident (single-family up to a four-
plex) and all other users for wastewater, water, state tax and solid waste recycling, The
dollars generated ate further separated by minimum use and then by several rate blocks, The
current monthly minimum bill for an Iowa City resident is $22.87Isame minimum for FY94l,
2 ,~'O
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Schedule 2 - FY95 Rate Increase
-.,,'.
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This schedule shows the impact of a January 1/ 1995,30% water, a 52% wastewater, and
20% ($2,15/mo,1 solid waste increase to the average residential user, all other users, as well
as to the monthly minimum bill. Monthly minimum increased from the FY93 rate of $22,87
to $29,97, an increase of $7.11,
Schedule 3 - FY96 Rate Increase
"
This schedule shows the impact of a January 1, 1996/80% water, 16,5% wastewater and
10% ($1,25/mo,1 solid waste increase to the average residential user, all other users, as well
as to the monthly minimum bill, Monthly minimum increased over the FY95 rate of $29,22
to $42.01/ an increase of $12,04,
OPTIONS
Wastewater
'.
;
"
a,
The existing wastewater fee structure was contested in the courts and the City' s
restructure prevailed.
Flat increase across the board.
No increase to the minimum fees.
One-time rate increase January 1, 1995, to cover a multi-year timeframe.
One rate block - current rate block is $1.1 O/cu. ft. from 201 to 3000 cubic feet and
$,79/cu. ft. after 3000 cubic feet.
Several rate blocks,
b, No increase to the minimums ,is an option,
Water
There are several options available to the water fee structure, For example:
a,
b.
c,
d,
e,
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1
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SCHEDULE 1
Averege
Resldentlel Resldentlsl All Other Totel
Monthly DolIsrs Dollere Dollere
Usege 760 Generated Genereted Genereted Percentage
cu,ft. Annual Annuel Annuel to Total
6,30 961.886 162,389 1,114,276 19,21%
. 8.47 981,601 203,792 1,186.293 20,44%
. 261,838 330,942 682,680 10.06%
. 64.210 648.846 703,066 12,12%
19.361 2,044,612 2.063,863 36,69%
160.000 160.000 2.69%
14,77 2,268.686 3.640,480 6.799,066 100.00%
38,96%
6,30 807,662 209,129 1,016,691 31.60%
6,06 701,074 146,666 846,640 26,32%
, 179,743 236/388 416,130 12,93%
, 27,809 332.849 360.668 11.21%
. 9.927 410,661 ' 420.478 13.07%
11.36 1.726/114 1.334,483 3.060,697
, 166.700 0 166,700 4,87%
11,36 1,882.814 1,334,483 3,217,297 100.00%
68,62%
0,67 94,141 66,724 160,866
11,00 1,618,000 1,618,000
37,69 6.763.641 4,941.687 10.696.228
Schedull 01 FY 93 Rlvlnul Olnlllted by Waatlwatlr. Watlr and SaUd Waltl! Rlaycllng
Feel: Sorted by AVIlIgI Rllldlnllal Monthly and Annual DoUerl and AU Other DaUel'll Further
Sorted by Minimum Uee Chargll and VarlouI Ratl Olockl.
Wastewater
Mlnlmum-200 cu, It, ' 6,30
Next 660 cu,lt, 1.64 per 100 cu.lt
Next 2,260 cu, It, 1.64 per 100 cu.ft
Next 17,000 cu, It 1.64 per 100 cu.ft
Over 20,000 cu,lt 1.64 per 100 cu,lt
BOD & SS
Sub-Total
Water
Minlmum-200 cu, I Bessd on Meter Size
Next 660 cu.ft, 1.10 per 100 cu,lt
Noxt2,260cu, It, 1.10porl00cu,lt
Noxt 17,000 cu. It 0,79 por 100 cu,lt
Ovor 20,000 cu, It 0,79 por 100 cu.ft
Sub-Total
Socond Motors 1.1 per 100 cu,lt
Total Water
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State Tax on Water Only (6%1
Solid Waste! RecycUng
Total
Monthly bill for minimum uee or 1088
22,071
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RatelncrNae effectlva for blIIInga on or aftll January 1, 1996. Schedule of FY 96 ProJected Revenue
Generated by Wastewatar, Watll and SoUd Wllte' Recycling Fall; AlBum.. the lima proportional
Incr8l11 to as minimums and IlIte blockl; Wlltewatll IncllaOl of 62%, Waterlncr.." of 30%: SoUd
Wllte' RecvcRna lnclllla of 20%.
SCHEDULE 2
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Mlnlmum-200 cu, It,
Next 660 cu.ft. 2,34 per 100 cu.f
Next 2,260 cu, It 2.34 per 100 cu. I
Next 17,000 cu, 2.34 per 100 cu,l
Over 20,000 cu, 2,34 per 100 cu,l
BOD & SS
Sub.Total
-~,
Watll
Minlmum-200 cu, Besed on Meter Slz
Next 660 cu.ft, 1,43 per 100 cu.1
Next 2,260 cu. It 1.43 per 100 cu.1
Next 17,000 cu, 1.03 per 100 cu.f
Over 20,000 cu, 1,03 per 100 cu.f
Sub.Total
Second Meters 1.43 per 100 cu.f
Total Water
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Residential Rasldentlel All Other Total
Monthlv Dollere Dollers Dollars Parcantaga
Uoaga 760 Ganaratad Ganaratad Generated Increeee
cu.lt, Annual Annual Annual over FY 93
62%
9,68 l,448,B67 246,831 1,693,698 62%
12,B7 1,491,862 309,784 1,801,646 62%
t, 382.469 603,032 886,621 62%
t, 82,399 986,244 1,068,643 62%
t, 29,413 3,107,669 3,137,072 62%
460,000 460,000 200%
22.46 3,433,060 6,603,630 9,036,660 66%
30%
6,90 1,049,830 271,869 1,321,698 30%
7.B7 911,396 189,236 1/100,632 30%
I. 233,666 307,304 540,969 30%
I, 36,162 432,704 468,956 30%
I, ,12,B06 633,717 546,622 30%
14,77 2,243,948 1,734,829 3,978,777
I, 203,710 , 0 203,710 30%
14,77 2,447,668 1,734,829 4,182,487
0.74 122,363 86,741 209,124 30%
13,16 1,814,700 0 1,814,700 20%
61.11 ' 7,817,791 7.426,100 16,242,891 43%
29.97
7,11
31%
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42.01
12,04
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Rate In crean eflectlve for bllllngl on or after January 1. 1998. Schadule 01 FY 98 proJacted R.v.nu.
Generated by Walt.water. Water and Solld Waltel Recycling Fa..: A..um.. the um., proportional
Incr.... to al minimum. and Illt. blocks: Wnt.water Incr.... 01 18.6%. Wat.r InCline of 80%:
Solid Wnt.1 Reoycllng Incrtlae 01 10%.
2,67 per 100 cu,
Averege
Resldentlsl Resldentlel All Other Totel
Monthly Dollers Dollers Dollers Percentege
Us.ge 760 Genereted Genereted Genereted Incresse
cu.lt, Annuel Annuel Annusl over FY 93
16.6%
14.66 2,199,238 376,183 2,674,421 62%
, 16.02 2,267,681 470,841 2,738,602 62%
,It, 681,383 764,609 1,346,992 62%
,It, 126,246 1,499/091 1,624,337 62%
,It, 44,708 4,723,642 4.768,360 62%
600,000 600,000 33%
29,68 6,218.236 8,433.366 13,661,602 61%
80%
12.43 1,889,694 489.362 2.379,066 80%
. 14,14 1.640,613 340,626 1.981,138 80%
.It, 420,697 663,147 973,744 80%
,It, 66.074 778,867 843,941 80%
,It. 23.229 960.691 983,920 80%
26.67 4,039,107 3,122,692 7,161,799
It, 366,678 0 366,678 80%
26,67 4,406,786 3,122,692 7,628,477
1,33 220.289 168,136 376,424 80%
14.40 1,987,200 0 1 ,987,200 10%
71,88 11.831.610 11,712,193 23.643,703 64%
SCHEDULE 3
W..tewater
Mlnimum.200 cu. It.
Next 660 cu.lt, 2,73 per 100 cu
Next 2.260 cu, I 2,73 per 100 cu
Nsxt 17.000 cu, 2,73 per 100 cu
Over 20.000 cu. 2.73 per 100 cu
BOD & 55
Sub- Tot.1
Weter
Minlmum,200 c
Next 660 cu.lt.
Next 2,260cu, f
Next 17,000 cu,
Over 20.000 cu.
Sub. Total
Sscond Meters
Total Water
Besed on Meter 51z
2,67 per 100 cu
2,67 per 100 cu
1,86 per 100 cu
1.86 per 100 cu
St.te Tax on Wat.r Only (6%1
Solid Wntal Reoycllng
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,City of Iowa City
T~ MEMORANDUM
DATE:
TO:
FROM:
RE:
July 29. 1994
Ci ty Council
City Manager
Material in Information Packet
~
Copy of letter from Mayor Horowitz to Federal Aviation Administration q I
regarding meeting on July 22.
Memorandum from Council Member Novick regarding Legislative Policy ~
COllll1ittee.
Memoranda from the City Manager:
a. Traffic Control Alternatives /9103
b. Pending Development Issues
Memoranda from the Johnson County Council of Governments:
a. Proposed Arterial Street Extensions
b. Joint Human Services Funding Hearing Schedule
c. Update on fall paint/household battery collection day
Memoranda from the City Attorney:
a. New State Legislation, Senate File 216
b. Partial Litigation Update; New Lawsuit
Memoranda from the City Clerk:
a. Meeting with Student Senate 0
b. Council Work session of July 18, 1994
Correspondence sent to Lexington Street residents regarding speed control .,
methods.
Memorandum from the Personnel Administrator regarc\ing Domestic Partner /97 3
Health Insurance.
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TO COUNCIL ONLY:
Memorandum from the Planning Department regarding acquisition of Thatcher
Mobile Home Park and Showers Estate.
Agenda for the 8/2 Informal meeting of the Board of Supervisors.
Copy of letter from Carol J. Small regarding a parking citation with
City Manager's reply attached.
Copy of letter to Cemetery Superintendent regarding Civil War headstones
in Oakland Cemetery.
Agenda for the July 28, 1994. meeting of the Johnson County Board of
Supervisors.
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Copy of letter from Senator Grassley to Mayor regarding the banning of'weapons.
_/979
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Information Packet
July 29, 1994
page 2
National Bicycling and Walking Study: Case Study No. 19 Traffic Calming, Auto- ~ '
restricted Zones and other Traffic Mgt.Techniquest-Their effects on Bicycling & pedestrians.
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CITY OF IOWA CITY
July 25/ 1994
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Mr, Jan E, Monroe, Supervisor
Planning Section
Airports Division; ACE-611
Federal Aviation Administration
Central Regional Office
601 E. 12th Street
Kansas City, MO 64106
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Dear Mr, Monroe:
:,
Council member Ernie Lehman and I want to thank you for the time you and Mr. Halter spent
with us Friday, July 22, As I am sure you surmised, Iowa City is fortunate in having a
dedicated and hard working Airport Commission, Preparation of an airport master plan for
Council submittal to you will call for even more hard work in the months to come,
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The meeting we had with you was a double treat for all of us. Mr, Lehman and I learned more
about the value of intergovernmental coordination and how this can be achieved through a
well thought out master plan, We also were able to enjoy the camaraderie of the Commission
members among themselves and with you'and the staff at the Federal Aviation Administration
Central Regional Office,
Actually, in addition, we had a great plane ride on a beautiful day! Thanks again for hosting
the meeting.
Sincerely yours,
,
t::]:'~d
Mayor
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1I0 EAST WASHINOTON STUET. IOWA CITY, IOWA
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City of Iowa City
MEMORANDUM
Date: July 29,1994
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To: City Council and City Staff
From: Naomi J, Novick fJ, t1,
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The president of the League of Iowa Municipalities has asked me to serve on their Legislative
PolicyGommittee, and I have accepted, This committee will meet on August 12. So, if you have
any ideas on Iowa legislative issues of concern to city government, please send them to me as
soon as possible.
.
, }.
Also, the deadline for League board nominations is August 5. To request a nomination f~rm, call
the League office at 515.244.7282.
Thank you for your help,
L
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MEMORANDUM
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Date:
July 27/ 1994
To:
City Council
From:
City Manager
Re:
Traffic Control Alternatives
The City Council and staff are often presented traffic concerns from both individuals and
neighborhoods, Such requests generally relate to some neighborhood traffic condition which
only the City Can address, Historically, the City has utilized as a guide the Manual of Uniform
Traffic Control Devices (MUTCD) which is part of the state code. To date, the MUTCD
appears to have served us well, and the fact that it is incorporated into the State Code
demonstrates a statewide interest in uniformity in traffic regulation. There is, however, a
growing interest on tlie part of many neighborhoods and other individuals to see new means
by which we may utilize traffic control devices. Before proceeding to discuss this issue, it
is important to note that the current use of the MUTCD does afford certain historical relevance
to your current practices, In considering installation of a traffic control device there are three
important issues: 11 Uniformity - that is the applicability of. any traffic control device installed
in a particular neighborhood would require consideration of other locations throughout the city
which are similarly situated, 2) Liability. it is recognized that through the use of the MUTeD
we have an accepted standard which is legally defensible with respect to the establishment
of warrants lmeasurements) for the installation of these control devices, 3) State laws. there
are other state laws, which have specific language which control traffic control devices such
as road obstructions,
An additional factor in traffic control is the standards also provide for the removal of traffic
control if it is found the devices are no longer needed or are proven to be a public nuisance
or other hazard,
In the rush to often provide a quick fix for a traffic circumstance, something I would caution
you against, proposals are put forth, many unsubstantiated by supporting data. The instincts
of the petitioner or neighborhood are used to determine whether they believe a traffic control
device may be necessary, While such ,instinctive responses can be important, city liability
must be considered if a traffic control device is improperly installed or the courts reject our
enforcement initiatives for the traffic control.
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Too much traffic is the single most common complaint I receive and it can be difficult for the
Council to react to these circumstances, As you are aware, we classify our street system
arterial, collector, and residential and the appropriate volume and speed of traffic is
determined by these classification factors, Therefore, traffic control by way of ~Jassjfjcation
of streets must also be a factor for your consideration, While it may be contrary to
neighborhood interests, it is not easy to make traffic go away by way of traffic control
devices, particularly when the street has been designed to accommodate certain traffic
volumes and community traffic circulation needs,
I believe we have reached a point where we need your policy guidance if we are to proceed
with substantial changes to the policies/procedures concerning installation of traffic control,
An interest in local traffic control preference has developed; however, conflicts with state
standards (MUTCD) need your consideration, Often you are presented with a shopping list
of what can be done in the view of neighborhoods and/or individuals, Traffic control for the
immediate interests of the neighborhood are easily understood; however some standard needs
to be provided if local preference is utilized in any form, If there is a willingness on the part
of the City Council to accept the potential for additional liability when our use of traffic control
devices could be at variance with statewide standards, we can proceed with development of
local standards,
It seems that the Teg Drive debate is typical of the complaints/concerns expressed by
neighborhoods and individuals about traffic in their neighborhoods,
As we receive complaints they are referred for review and follow-up, Rarely can we fully
satisfy the requests, since most of them involve making the traffic go away, The evaluation
criteria can depend on the nature of the complaint and the classification of the street. We
attempt to gain empirical evidence supporting the existence of a problem, using evaluative
standards in place (eg, 2500 cars/day on collector streets), If the empirical evidence is not
there, we will inform the complainant of the findings of the study and do routine follow-up,
If the evidence is there, we proceed to recommend a way to address the problem, Regardless
of how the issue proceeds, I think it is important that we try to inform the complainant of
what we are doing, Often, due to the extent of related work responsibilities we cannot
provide an immediate response. This adds to the frustration by the neighborhood and the
staff .
I believe it will be easier for us to discuss by example what we can possibly consider and
therefore use Teg Drive as a current example of how you might wish to proceed. While the
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following may appear to be overly complex and long-winded, our concern for liability must,
in my judgment, outweigh all quick fixes that are proposed,
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One of the suggestions was the use of stop signs in a non-traditional fashion, speed control.
The stop signs currently in place except in a very few instances have been installed following
the MUTCD. The MUTCD states "Uniformity of traffic control devices simplifies the task of
the road user because it aids in recognition and understanding, It aids road users, police
officers and traffic courts by giving everyone the same interpretation, It aids public highway
and traffic officials through economy in manufacture, installation, maintenance and
administration, Simply stated, uniformity means treating similar situations in the same way,
The use of uniform traffic control devices does not in itself constitute uniformity, A standard
device used where it is not appropriate is as objectionable as a non-standard device. In fact,
this may be worse in that such misuse may result in disrespect at those locations where the
device is needed," Secondly, the MUTCD states "Stop signs should not be used for speed
control," The Council should be made aware of this so that it is clearly understood that any
new measurements are at variance with what has been done in the past. MUTCD applications
we believe should be maintained for the City's arterial streets and any new standards apply
primarily to the residential streets - possibly collector streets,
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There are three likely general types of criteria which could be instituted, These criteria would
be vehicular volumes, either on the street to be controlled or a sum of volumes for vehicular
traffic entering an intersection; a speed criteria; and, an accident criteria.
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POSSIBLE CRITERIA FOR NEW POLICY ON IMPLEMENTATION OF TRAFFIC CONTROL
DEVICES
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Non-MUTCD warranted stop signs installed for speed control may be installed when the
following conditions are met:
The location is an intersection of 2 or more streets.
Volume
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Speed
. At the intersection of residential streets when the measured 85th percentile of vehicular
speed is greater than 30 m,p.h,
. At the intersection of collector streets when the measured 85th percentile of vehicular
speed is greater than 35 m,p,h,
Accidents
. Any installation which results in two accidents or more in the first six months will be
removed,
It is important that some success criteria be developed so that the goal of this policy is
understood and measurable, That is to say, quantifying any of the objectionable characteris-
tics of the vehicular stream - whether it is speed or amount - can be measured before the
installation, Then at an appropriate interval after the installation they would be remeasured
to ensure there had been a reduction in the occurrence of the objectionable events, This could
be a reduction in speed or a reduction in the 85th percentile of the measured speed on the
facility, A second criteria could be if the concern is too much traffic using the facility, we
could have a before and after count with a requirement there be a 20% or 30% reduction in
the amount of traffic using the facility, At an appropriate timet such as 12 months, if this
predetermined level of success has not been achieved, we could then eliminate the test and
remove the control devices from the street.
At your work session we would like to discuss with you this proposal to be developed into
a policy that could be applied City wide, I would also like to point out that such a new policy
and the standards to follow may not provide any resolution to Te9 Drive concerns in that it
is a collector street and designed to carry greater traffic volumes, However, the policy you
may wish to adopt should meet some Citywide standards for uniform applicability and not
every neighborhood complaint of traffic can be satisfied to the individual interests,
Additionally, I believe, a third party - our courts - need to be approached about traffic,
notably speed enforcement. The sophistication of traffic radar is such that we no longer
should use "9 miles over" as a standard, but something more restrictive, Such enforcement,
while it may not endear our police to motorists, can have significant Citywide influence on
traffic regulation.
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Such a change in policy can have a profound impact on the workload of the Traffic
Engineering Division, not only the initial design work associated with the new standards, but
also public expectation of the speed of turnaround time by the Division personnel. If you wish
to proceed we will need to evaluate staff requirements,
cc: Jim Brachtel
Jeff Davidson
Karin Franklin
Chuck Schmadeke
Marcia Klingaman
This matter has been scheduled for discussion at your work session of August 1,
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City of Iowa City
MEMORANDUM
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DATE: July 26, 1994
TO: City Council
FROM: City Manager
RE: Pending Development Issues
An application submitted to Johnson County by L. L. Pelling Company
for an asphalt plant located on the west side of Deer Creek Road,
S.W., approximately one-half mile south of Highway 6.
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~ 410 E. \XA:JshirgtmSt, Iavva City.1cM-o 52240
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Date: July 28, 1994
Re:
Mayor, City Council, City Manager; City of Iowa City
Jeff Davidson, Transportation Planner 7-11
Discussion of Proposed Arterial Street Extensions between Southwest Coralville
and Northwest Iowa City
To:
From:
I will be meeting with you at your August 1 work session to discuss the proposed extensions of
Camp Cardinal Road and Highway 965. The need to address these street extensions pertains
to development pressure which is being felt in the area between Highway 6 and Melrose Avenue,
including a major shopping center which is under consideration at the intersection of Highway 6
and Highway 965 in Coralville, The JCCOG Arterial Street Plan should reflect all proposed
arterial street extensions so that sections can be built incrementally as individual development
projects occur,
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This issue will be discussed by the Coralville City Council at a work session on August 9, The
JCCOG Transportation Technical Advisory Committee has it on the agenda for their meeting on
, August 11, I intend to take it to the JCCOG Urbanized Area Policy Board for consideration at
their meeting on August 24. Discussion by the Board will concern whether or not to reassess the
Camp Cardinal Road extension, and whether or not to add the Highway 965 extension which is
currently not included in the JCCOG Arterial Street Plan,
This issue was discussed by the City of Iowa City Joint Staff Committee at their meeting July 26.
It was the Joint Staff Committee's opinion that the Camp Cardinal Road extension between
Highway 6 and Melrose Avenue should remain in the plan, as it will be necessary to accommo.
date development in the area. The Joint Staff Committee also felt that the cities of Coralville and
Iowa City should proceed with an engineered alignment for Camp Cardinal Road, as the
topography of the area will make adherence to arterial street standards difficult. It was the
conclusion of the Joint Staff Committee that the Highway 965 extension not be included in the
JCCOG Arterial Street Plan at this time, as it is not necessary to provide access to property within
the adopted Iowa City long-range growth area, It was the opinion of the Joint Staff Committee
that the extension of Highway 965 could create development pressure beyond Iowa City's
adopted long-range growth boundary in west Iowa City,
Please keep in mind during our discussion on August 1 that what is planned for the arterial
streets under consideration are urban-type arterial streets, with parallel sidewalk systems that will
allow full accessibility for bicycles, pedestrians, and persons in wheelchairs. We are not planning
highway-style facilities such as the Highway 6 corridor in south Iowa City,
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Date: July 28, 1994
To,: Coralville Mayor and City Council
Iowa City Joint Staff Committee
Iowa City City Council
JCCOG Transportation Technical Advisory Committee
JCCOG Urbanized Area Policy Board
From: Jeff Davidson 7fI
Re: Proposed Arterial Street Extensions between Southwest Coralville and Northwest Iowa City
Arterial street planning is conducted at the JCCOG level because of the need to have a
continuous system of major streets for circulation in the community. Because of the scale of the
arterial street network, multiple jurisdictions need to be part of the planning process, A good
example of this is the ongoing Melrose Avenue issue, with Iowa City, the University, University
Heights, Johnson County and Iowa DOT all with policy authority over various segments of
Melrose Avenue,
Development pressure is being felt in southwest Coralville/northwest Iowa City which requires
consideration of where arterial street extensions will occur, Of principal concern are two major
north-south streets, Camp Cardinal Road (22nd Avenue in Coralville) and Highway 965, both b
between U,S, Highway 6 and Melrose Avenue, Iowa City and Coralville are the major
stakeholders in this discussion, although North Liberty, University Heights, Johnson County, and
the University will be indirectly impacted and will undoubtedly voice their concerns at the JCCOG
level.
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An attached figure shows proposed arterial street extensions in the adopted JCCOG Arterial
Street Plan, In 1992 both Camp Cardinal Road and Highway 965 were considered for addition
into the plan; the Camp Cardinal Road extension was approved, the Highway 965 extension was
not. The JCCOG Board did not feel there was adequate justification for the Highway 965
extension at that time. The Board deleted Camp Cardinal Road from the arterial street plan in
January 1993 when the Melrose Avenue issue was heating up, It was added back in two months
later after extensive lobbying by the City of Coralville, To be eligible for state or federal funding,
arterial street extensions must be included in the JCCOG Arterial Street Plan.
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Land Use Issues
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The two proposed arterial street extensions would' provide access to property in the existing
corporate limits and projected growth areas of both Coralville and Iowa City. The land use plans
of the two communities are relatively compatible in this area. The future land use map in the
1992 Coralville Community Plan shows extension of the existing commercial and industrial areas
further west along the Highway 6 corridor. This development will be tempered by the existence
of the Clear Creek floodplain, and is projected to include significant areas of open space.
Further south and out of the floodplain is a mix of low and medium density residential. A major
shopping center is under consideration for the area northeast of the intersection of Highway 965
and Highway 6, The shopping center would have 865,000 square feet of retail space, and would
be a significant traffic generator, For comparison, Sycamore Mall has 227,000 square feet of
retail space.
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Iowa City's land use plan north of the Melrose Avenue corridor shows a mix of residential and
office/research park uses in this area, Because of the rugged terrain, it is felt office/research park
uses can coexist well with the residential areas proposed in both Coralville and Iowa City.
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Development pressures in the area and consideration of the proposed shopping center have led
to requests to reassess Camp Cardinal Road, and reconsider the extension of Highway 965, A
major property owner in the area has suggested Highway 965 be extended south of Highway 6
and cross over U.S, Highway 218, It would then follow the existing Hurt Road right-of-way to an
intersection with Melrose Avenue, Both Camp Cardinal Road and Highway 965 would initially be
constructed as two-lane streets, with right-of-way reserved to allow for future expansion, Parallel
sidewalk systems would allow full accessibility for pedestrians, bicycles, and wheelchairs,
Between these two arterials would be a system of collector streets which would provide access
to individual development sites. It is important to have the JCCOG Arterial Street Plan reflect
whatever system of arterial streets is anticipated for this area, so that incremental arterial street
extensions can occur as development takes place, It will be years before either arterial corridor
is entirely constructed.
Traffic issues
As cited in the Coralville Community Plan, the two proposed arterial street extensions will have
a positive impact on traffic in the Highway 6 corridor. Highway 6 is presently at saturated traffic
volume conditions in the area east of 10th Street. There is no realistic way to squeeze additional
capacity from the existing commercial corridor, The ongoing reconstruction project in the Highway
6 corridor will add a small amount of additional capacity, but is principally being done to improve
safety and drainage in the area,
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The two proposed arterial street extensions will also impact Melrose Avenue, However, it should
be noted that development in northwest Iowa City--with or without the proposed arterial street
extensions--will cause increased traffic volume on Melrose Avenue. The JCCOG traffic analysis
model shows overcapacity traffic volume conditions on Melrose Avenue east of Emerald Street
with or without the extensions of Camp Cardinal Road and Highway 965, if the existing Melrose
street capacity (number of lanes) is maintained. The position of University Heights and residents
along Melrose Avenue is well documented regarding this issue.
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Iowa DOT is also a player in this issue, although they will not be vocal in taking a position, The
Highway 965/Highway 6 intersection is of concern to them, as the existing roadway geometry is
not optimal, If the proposed shopping center development proceeds, they would like to
reconstruct this intersection in conjunction with overall access issues in the area. This
reconstruction should be consistent with whatever type of street facility is planned for the
extension of Highway 965 further south,
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The Highway 965 corridor is of concern to Iowa DOT as a transfer of jurisdiction issue. They
consider it a redundant facility with the 1-380/U,S, 218 corridor, and would like to transfer it to
local jurisdiction in the future, This has already occurred on Highway 965 through North Liberty.
There is no timetable for future transfer of jurisdiction, Iowa DOT has avoided involvement in the
Melrose Avenue capacity expansion issue, although off the record they clearly feel the existence
of the Highway 218/Melrose Avenue interchange makes Melrose Avenue a principal arterial
street.
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City of Iowa City
MEMORANDUM
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DATE: July 26. 1994
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TO: City Council
FROM: City Manager
RE: Pending Development Issues
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An application submitted to Johnson County by L. L. Pelling Company
for an asphalt plant located on the west side of Deer Creek Road,
S.W., approximately one-half mile south of Highway 6.
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Johnson County Council of Governments
410 E. \XAJshirgtO'l St, bMJ City, bMJ 52240
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Date: July 28, 1994
To:
Mayor, City Council, City Manager; City of Iowa City
Jeff Davidson, Transportation Planner -;-1/
Discussion of Proposed Arterial Street Extensions between Southwest Coralville
and Northwest Iowa City
, ,
From:
Re:
I will be meeting with you at your August 1 work session to discuss the proposed extensions of
Camp Cardinal Road and Highway 965, The need to address these street extensions pertains
to development pressure which is being felt in the area between Highway 6 and Melrose Avenue,
including a major shopping center which is under consideration at the intersection of Highway 6
and Highway 965 in Coralville, The JCCOG Arterial Street Plan should reflect all proposed
arterial street extensions so that sections can be built incrementally as individual development
projects occur,
,;,
This issue will be discussed by the Coralville City Council at a work session on August 9. The
JCCOG Transportation Technical Advisory Committee has it on the agenda for their meeting on
August 11. I intend to take it to the JCCOG Urbanized Area Policy Board for consideration at
their meeting on August 24. Discussion by the Board will concern whether or not to reassess the
Camp Cardinal Road extension, and whether or not to add the Highway 965 extension which is
currently not included in the JCCOG Arterial Street Plan,
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This issue was discussed by the City of Iowa City Joint Staff Committee at their meeting July 26.
It was the Joint Staff Committee's opinion that the Camp Cardinal Road extension between
Highway 6 and Melrose Avenue should remain in the plan, as it will be necessary to accommo-
date development in the area, The Joint Staff Committee also felt that the cities of Coralville and
Iowa City should proceed with an engineered alignment for Camp Cardinal Road, as the
topography of the area will make adherence to arterial street standards difficult. It was the
conclusion of the Joint Staff Committee that the Highway 965 extension not be included in the
JCCOG Arterial Street Plan at this time, as it is not necessary to provide access to property within
the adopted Iowa City long-range growth area. It was the opinion of the Joint Staff Committee
that the extension of Highway 965 could create development pressure beyond Iowa City's
adopted long-range growth boundary in west Iowa City,
Please keep in mind during our discussion on August 1 that what is planned for the arterial
streets under consideration are urban-type arterial streets, with parallel sidewalk systems that will
allow full accessibility for bicycles, pedestrians, and persons in wheelchairs, We are not planning
highway-style facilities such as the Highway 6 corridor in south Iowa City.
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410 E. \M:JshirgtmSt, /aMJ City. bMJ 52240
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Date: July 28, 1994
To,: Coralville Mayor and City Council
Iowa City Joint Staff Committee
Iowa City City Council
JCCOG Transportation Technical Advisory Committee
JCCOG Urbanized Area Policy Board
From: Jeff Davidson 771
Re: Proposed Arterial Street Extensions between Southwest Coralville and Northwest Iowa City
Arterial street planning is conducted at the JCCOG level because of the need to have a
continuous system of major streets for circulation in the community, Because of the scale of the
arterial street network, multiple jurisdictions need to be part of the planning process, A good
example of this is the ongoing Melrose Avenue issue, with Iowa City, the University, University
Heights, Johnson County and Iowa DOT all with policy authority over various segments of
Melrose Avenue,
Development pressure is being felt in southwest Coralville/northwest Iowa City which requires
consideration of where arterial street extensions will occur, Of principal concern are two major
north-south streets, Camp Cardinal Road (22nd Avenue in Coralville) and Highway 965, both
between U,S. Highway 6 and Melrose Avenue, Iowa City and Coralville are the major
stakeholders in this discussion, although North Liberty, University Heights, Johnson County, and
the University will be indirectly impacted and will undoubtedly voice their concerns at the JCCOG
level.
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An attached figure shows proposed arterial street extensions in the adopted JCCOG Arterial
Street Plan, In 1992 both Camp Cardinal Road and Highway 965 were considered for addition
into the plan; the Camp Cardinal Road extension was approved, the Highway 965 extension was
not. The JCCOG Board did not feel there was adequate justification for the Highway 965
extension at that time, The Board deleted Camp Cardinal Road from the arterial street plan in
January 1993 when the Melrose Avenue issue was heating up, It was added back in two months
later afte( extensive lobbying by the City of Coralville. To be eligible for state or federal funding,
arterial street extensions must be included in the JCCOG Arterial Street Plan,
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Land Use Issues
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The two proposed arterial street extensions would provide access to property in the existing
corporate limits and projected growth areas of both Coralville and Iowa City, The land use plans
of the two communities are relatively compatible in this area, The future land use map in the
1992 Coralville Community Plan shows extension of the existing commercial and industrial areas
further west along the Highway 6 corridor, This development will be tempered by the existence
of the Clear Creek floodplain, and is projected to include significant areas of open space,
Further south and out of the floodplain is a mix of low and medium density residential. A major
shopping center is under consideration for the area northeast of the intersection of Highway 965
and Highway 6, The shopping center would have 865,000 square feet of retail space, and would
be a significant traffic generator. For comparison, Sycamore Mall has 227,000 square feet of
retail space,
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Iowa City's land use plan north of the Melrose Avenue corridor shows a mix of residential and
office/research park uses in this area, Because of the rugged terrain, it is felt office/research park
uses can coexist well with the residential areas proposed in both Coralville and Iowa City,
Development pressures in the area and consideration of the proposed shopping center have led
to requests to reassess Camp Cardinal Road, and reconsider the extension of Highway 965. A
major property owner in the area has suggested Highway 965 be extended south of Highway 6
and cross over U,S, Highway 218, It would then follow the existing Hurt Road right-of-way to an
intersection with Melrose Avenue, Both Camp Cardinal Road and Highway 965 would initially be
constructed as two-lane streets, with right-of-way reserved to allow for future expansion, Parallel
sidewalk systems would allow full accessibility for pedestrians, bicycles, and wheelchairs,
Between these two arterials would be a system of collector streets which would provide access
to individual development sites, It is important to have the JCCOG Arterial Street Plan reflect
whatever system of arterial streets is anticipated for this area, so that incremental arterial street
extensions can occur as development takes place, It will be years before either arterial corridor
is entirely constructed,
Traffic issues
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As cited in the Coralville Community Plan, the two proposed arterial street extensions will have
a positive impact on traffic in the Highway 6 corridor, Highway 6 is presently at saturated traffic
volume conditions in the area east of 10th Street. There is no realistic way to squeeze additional
capacity from the existing commercial corridor, The ongoing reconstruction project in the Highway
6 corridor will add a small amount of additional capacity, but is principally being done to improve
safety and drainage in the area, i CD
The two proposed arterial street extensions will also impact Melrose Avenue. However, it should
be noted that development in northwest Iowa City--with or without the proposed arterial street
extensions--will cause increased traffic volume on Melrose Avenue. The JCCOG traffic analysis
model shows overcapacity traffic volume conditions on Melrose Avenue east of Emerald Street
with or without the extensions of Camp Cardinal Road and Highway 965, if the existing Melrose
street capacity (number of lanes) is maintained, The position of University Heights and residents
along Melrose Avenue is well documented regarding this issue,
Iowa DOT is also a player in this issue, although they will not be vocal in taking a position. The
Highway 96S/Highway 6 intersection is of concern to them, as the existing roadway geometry is
not optimal. If the proposed shopping center development proceeds, they would like to
reconstruct this intersection in conjunction with overall access issues in the area, This
reconstruction should be consistent with whatever type of street facility is planned for the
extension of Highway 965 further south,
The Highway 965 corridor is of concern to Iowa DOT as a transfer of jurisdiction issue, They
consider it a redundant facility with the 1.380/U,S, 218 corridor, and would like to transfer it to
local jurisdiction in the future, This has already occurred on Highway 965 through North Liberty.
There is no timetable for future transfer of jurisdiction, Iowa DOT has avoided involvement in the
Melrose Avenue capacity expansion issue, although off the record they clearly feel the existence
of the Highway 218/Melrose Avenue interchange makes Melrose Avenue a principal arterial
street.
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~ 410E.\MJshirgtO'lSt, /o.MJCity./oIM:JS2240
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Date: July 25, 1994
To:
Coralville Mayor and City Council, Iowa City City Council, Iowa City Committee
on Community Needs, Johnson County Board of Supervisors, Johnson County
Cluster Board/Board of Social Welfare, Johnson County MI/MRIDD/BI Planning
Council, United Way Allocations and Planning Divisions
Teresa McLaughlin, United Way Director ~~, _,..,rL'J
Marge Penney, JCCOG Human Services Coordinator r y ~
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From:
, '
Re: Joint Human Services Funding Hearing Schedule
Because all our schedules are so full, we thought it best to share with you, as early as possible, the proposed
schedule for the United Way/Johnson County/Iowa City/Coralville Joint Human Services Funding Hearings.
A training session is available so that new panel members may become familiar with the budget packet and
continuing members may sharpen their skills, We hope you will plan to attend, All meetings will be held at
the Department of Human Services, 911 North Governor Street. Please note that we have had to modify the
hearing schedule because of the Thanksgiving hoiiday, Hearing 1 will be held on Monday, Novem-
ber 21; all other Hearings and the Training Session will be held on Thursdays. You will
receive further notice regarding this schedule in mid-November. We look forward to working with the
experience of our continuing members and the enthusiasm of our new members,
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PROPOSED HEARING SCHEDULE
Thursday, November 17 Training Session
Monday, November 21 ' Hearing 1 Agencies funded by multiple local sources,
,~-.. Thursday, December 1 Hearing 2 Agencies funded by multiple local sources,
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Thursday, December 15 Hearing 4 Agencies funded. by multiple local sources, ) ,f'
T Thursday, January 5 Hearing 5 Agencies funded by multiple local sources,
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Thursday, January 12 Hearing 6 Agencies funded only by United Way,
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Thursday, January 19 Hearing 7 Agencies funded only by United Way,
Here are a few additional dates you might want to put on your calendars:
The Training Session and all Hearings are planned for 7:00 p.m,
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Thursday, January 26
United Way Planners' Meeting
Wednesday, February 8
United Way Allocators' Meeting
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Thursday, February 16
United Way Victory Celebration
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== . ~ Johnson County Council of Governments
~ 410E.WJshirgtonSt. /OM:lCity.1owJ52240 /I. r
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Date: July 25, 1994
To
steve Atkins
Brad Neuma~~
From:
Re : Update on fall paint/household battery collection day
DATE, TIME AND LOCATION:
The Paint and Household Battery collection day will be held on
September 17. A;:~aint exchange for the paint that is collected
will ta]ce place a 'week' later, September 24 at the same location.
The event will take place at Iowa City Transit. We will be using
two bus bays for residents to drive through and drop off material.
Collection event hours are 9:00am to 1:30pm, paint exchange hours
the following week will be from 8:00am to 12:00pm.
MATERIAL TO BE ACCEPTED:
Paint and household batteries are the only. items that will be
accepted. Items that will not be accepted this" fall will be
accepted at the spring toxic waste cleanup event.
APPOINTMENT SYSTEM:
Residents will need to make an appointment in order to bring
material to the collection site. Two phone lines will be set up at
the Civic Center and will be staffed by temporary workers for two
weeks before the event: The event will be limited to 250-300
vehicles. Others will need to wait until the spring toxic waste
cleanup event.
VOLUNTEERS:
We will recruit about 50 volunteers for the event, two groups of 25
working 3 hour shifts (8:30-11:30 ,and 11:00-2:00). Letters have
been sent to civic and environmental organizations and to all
communities in Johnson County asking for volunteers.
ADVERTISING:
Advertising will be done mainly through county newspapers and
fliers. Public service announcements will be sent to radio
stations and placed on public access TV.
If you have any questions or comments, please give me a call at
356-5235.
cc: Jeff Davidson
Floyde Pelkey
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City of Iowa City
MEMORANDUM
July 28/ 1994
Dianna Donahue, Customer Service; Don Yucuis, Finance Director; Ed Moreno,
Water Superintendent; Jude Moss, Water Division; Doug Boothroy, Director,
H&IS; Ron Boose, Sr. Building Inspector; David Nash, Customer Service, Water
Division; Kent Bliven, Finance Department, Data Processing
Linda Newman Gentry, City Attorney
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New state legislation, requiring an "opportunity for a hearing prior to discontinu-
ance of service;" Senate File 216
..
As you can see from the attached Senate file 216/ page 3 and concerning paragraph 2(cl, the
City may not discontinue water service prior to providing the water customer with an
"...opportunity for a hearing prior to discontinuance of service."
I am writing this memo to you, since I know you are all ~'team members" for purposes of the
cross-connection control program being undertaken as a joint effort between the Water
Division of the Public Works Department, the Customer Service Division of the Finance
Department, and the Housing and Inspection Services Department.
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This means that all of your letters will have to be changed, in order to give the customer
proper notice as to their opportunity for an informal administrative hearing before a person not
involved in the decision to discontinue. based on delinauencv.
I am redoing your draft documents, but I still want to receive them before they are finalized.
Thank you very much for presenting these to me for my review, since this is a perfect
example of "preventing lawyering/" saving the City a considerable amount of time and money,
to say nothing of possible litigation costs.
cc: City Council, FYI
City Manager, FYI
City Clerk
Assistant City Manager
'Anne Burnside, First Assistant City Attorney
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City of Iowa City
MEMORANDUM
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Date: July 28/ 1994
From:
Linda Newman Gentry, City Attorney
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To:
Honorable Mayor Susan M. Horowitz and Members of the City Council
Re:
Partial Litigation Update; New lawsuit
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Attached please find a lawsuit filed against the City of Iowa City and City Manager Steve
Atkins for allegedly defamatory statements made concerning the sanitary sewer service/lien
dispute, see attached,
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Since my report is being relied upon in the plaintiff/s Petition, I have asked John Hayek to
represent the City and Steve Atkins in this matter, I have talked to Steve about this, and he
concurs, I am sure you agree that John Hayek will, as usual, assert his zealous and vigorous
defense of the City on all relevant matters,
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cc: John Hayek, .Outside Counsel
Steve Atkins, City Manager
Marian Karr, City Clerk
Dale Helling, Assistant City Manager
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FOR TIlE LEGAL efFECT OF THE USE OF ','I
TIllS FORM. CONSULTYOUR LAWYER
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TIll IOWA STATE BAR ASSOCIATION 15BM 04610
orn,I.1 Fonn No, 301
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THE IOWA DISTRICT COURT
JUL 211994
CITY AnORNE~FflCE
JOHNSON
COUNTY
DAVID A. BACULIS
LAW ~
EQUITY 0 No, 5'seS's
Plaintiff(s) ,
VS,
CITY OF IOWA CITY
and STEVE ATKINS,
ORIGINAL NOTICE
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Defendant(s) ,
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You are hereby notified that there is now on file in the office of the clerk of the above:-court ~etition
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T9 THE A80VE.NAMED DEFENDANT(S):
in the above.entitled action, a copy of which petition is attached hereto, The name(s) and address(es) of
the plaintiff' s(s') attorney(s) is (are)
MARTIN A. DIAZ of the TOM RILEY LAW FIRM, P.C.
1210 HIGHWAY 6 WEST IOWA CITY IA 52246
You are further notified that unless, within 20 days after service of this original notice upon you, you
serve, and within a .reasonable time thereafter file a motion or answer, in the Iowa District Court for
JOHNSON
County, at the courthouse il) IOWA CITY
/ Iowa, judgment
by default will be rendered against you for the relief demanded in the petition,
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(SEAL)
JOHNSON
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County Courthouse
IOWA CITY
/ Iowa 52240
NOTE: Th. 8ll0m.y who I. .xp.et.d to r.p,...nt th. d.f.ndantohould b. promptly adYi..d by d.fandont 01 tho ..rYlea ot thl. notle.,
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CAlFS R,III..l ,0 11192
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301 ORIGINAL NOTICE FOR PERSONAL SERVICE
R.Yilld JlnulI'/, 1991
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IN THE DISTRICT CbuRT' OP"'IOWA IN AND FOR JOHNSON COUNTY
94 JUL 27 PM 3: 05
DAVID A. BACULIS
CITY CLEP;I,
IOWA CITY, IOWA
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Plaintiff
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PETITION AT LAW,:,'
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and STF.VE ATKINS,
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Defendants,
COMES NOW the Plaintiff and for his cause of action states:
1. Plaintiff David A. Baculis is a resident of Iowa city,
Johnson County, Iowa, and operates Baculis Mobile Home Park and
Baculis Mobile Home Sales and Service in Iowa city.
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2. Defendant City of Iowa city is a municipality organized
and existing under the laws of the State of Iowa.
3. Defendant Steve Atkins is a resident of Iowa city,
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Johnson County, Iowa, and is the City Manager for the city of
Iowa city.
4. On or about April 25, 1994, Defendant Atkins made false
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statements to members of the media about Plaintiff, accusing him
of having stolen sewer services from the city of Iowa city, and
having defrauded his customers.
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5. The statements made by Defendant Atkins to the media
would reasonably be understood to be expressions which would
attack,the integrity or moral character of Plaintiff, which would
expose him to public hatred, contempt, or ridicule, or which
would injure him in the maintenance of his business.
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6. The statements made by Defendant Atkins were made with
the knowledge that they were false or with reckless disregard for
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their accuracy.
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7. ' Prior to the statements made by Defendant Atkins,
Defendant city of Iowa city and Defendant Atkins had information
and documentation provided by, Plaintiff which proved that he had
neither stolen sewer services nor defrauded his customers.
8. subsequent to the statements made by Defendant Atkins,
the city of Iowa city conducted an investigation through the City
Attorney's office, which concluded lilt is not reasonable to
conclu~~ that [David] Baculis was trying to conceal the fact that
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the Baculis Park was receiving sanitary sewer services.1I
9. That investigation also concluded II[R]ather, records in
the city Clerk's office show that [the] City knew, or had reason
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to know... that Baculis Park was indeed receiving city sanitary
sewer services since 1972 or 1973.11
10. Despite the existence of information which disproved an
unsubstantiated claim that David Baculis had stolen sewer
services, and despite the fact that this information had been
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specifically brought to the attention of city of Iowa city
officials, including the city Attorney's office, Defendant Atkins
made public statements which defamed Plaintiff, knowing they
would appear in the print or broadcast media.
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11. As a proximate result of the publication of t~ t:
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defamatory statements made by Defendant Atkins, Plainti~a~ ~
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suffered damages which naturally and necessarily flowed~~h~
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defamatory statements, as well as damage to his reputation and to
and wanton disregard for the rights of Plaintiff and warrants
imposition of punitive damages so as to deter this Defendant and
others similarly situated from like conduct in the future.
13. The damages sustained by Plaintiff exceed the
jurisdictional limits of Rule 3 of, the Iowa Rules of Appellate
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Procedure.
WHEREFORE, Plaintiff prays for judgment against Defendants
in an amount to fairly compensate him for his damages and against
Defendant Atkins for punitive damages and for interest and costs
, as provided by law.
Respectfully submitted,
TOM RILEY LAW FIRM P.C.
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IN THE DISTRICT COURT OF IOWA IN AND FOR JOHNSON COUNTY
DAVID A. BACULIS
Plaintiff
v.
CITY OF IOWA CITY
and STEVE ATKINS,
Defendants
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JURY DEMAND
COMES NOW the Plaintiff and demands a jury trial in the
above case.
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,Respectfully submitted,
TOM RILEY LAW FIRM p.e.
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1210 Highway 6 West
Iowa City IA 52246
(319) 351-4996
ATTORNEYS FOR PLAINTIFF
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City of Iowa City
MEMORANDUM
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DATE:
July 27, 1994
Mayor and city' council ~~
Marian K. Karr, city clerk~'
Meeting with student Senate
TO:
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FROM:
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On Tuesday afternoon John Lohman, Student Senate President, met
with me regarding setting a joint meeting of the University of Iowa
Student Senate and the Iowa city city Council. A tent9tive date of
October 11 was established.' Tentative plans include a get
acquainted coffee at 5: 45 to 6: 00 at the Public Library, the
meeting starting promptly at 6:00 and wrapping up by 7:15 at the
latest, realizing that Council meets at 7:30 that evening.
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City of Iowa City
MEMORANDUM
Date: July 27/ 1994
To: Mayor and City Council
From: City Clerk
Re: Council Work Session, July 18/ 1994, 8:30 p,m.
Mayor Susan Horowitz presiding, Council present: Horowitz, Baker, Kubby, Lehman, Novick,
Pigott, Throgmorton, City staff present: Atkins, Helling, Gentry, Karr, Franklin, Schoon,
Burnside, O'Neil, Schmadeke, Pelkey, Neumann, Davidson, Taped: Reel 94-92/ All.
REVIEW PLANNING MATTERS
Reel 94-92/ Side 1
PCD Director Franklin presented the following Planning and Zoning items:
(Items a-j all relate to Harlocke-Weeber areal
a, PUBLIC HEARING ON AN AMENDMENT TO THE COMPREHENSIVE PLAN TO CHANGE
THE LAND USE MAP DESIGNATION OF PROPERTY LOCATED EAST OF HARLOCKE
STREET FROM 16-24 DWELLING UNITS PER ACRE TO 2-8 DWELLING UNITS PER
ACRE,
Franklin recommended to Council to combine public hearings a, and c. and public
hearings e" g. and i" and continue those public hearings to August 30, Franklin
recommended deferring items b" d" f" hand j. to give area residents and developer
time to discuss the area's development.
b,
RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE
MAP DESIGNATION OF PROPERTY LOCATED EAST OF HARLOCKE STREET FROM
16-24 DWELLING UNITS PER ACRE TO 2-8 DWELLING UNITS PER ACRE,
c,
PUBLIC HEARING ON AN AMENDMENT TO THE COMPREHENSIVE PLAN TO CHANGE
THE LAND USE MAP DESIGNATION OF PROPERTY LOCATED ON THE NORTH SIDE
OF HIGHWAY 1 WEST FROM 8-16 DWELLING UNITS PER ACRE TO 2.8 DWELLING
UNITS PER ACRE,
d,
RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE
MAP DESIGNATION OF PROPERTY LOCATED ON THE NORTH SIDE OF HIGHWAY 1
WEST FROM 8-16 DWELLING UNITS PER ACRE TO 2-8 DWELLING UNITS PER ACRE,
e,
PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE BY
CHANGING THE USE REGULATIONS OF APPROXIMATELY FOUR ACRES OF LAND.
KNOWN AS THE JENSEN TRACT . LOCATED EAST OF HARLOCKE STREET FROM RM-
44, HIGH DENSITY MULTI-FAMILY RESIDENTIAL, TO RS-5. LOW DENSITY SINGLE-
FAMILY RESIDENTIAL. (REZ93-00071
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f, ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGU-
LATIONS OF APPROXIMATELY FOUR ACRES OF LAND, KNOWN AS THE JENSEN
TRACT, LOCATED EAST OF HARLOCKE STREET FROM RM-44, HIGH DENSITY
MULTI-FAMILY RESIDENTIAL, TO RS-5, LOW DENSITY SINGLE-FAMILY RESI-
DENTIAL. (REZ93-00071 {FIRST CONSIDERATIONI
g, PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE BY
CHANGING THE USE REGULATIONS OF AN APPROXIMATE 11,5 ACRE TRACT OF
LAND, KNOWN AS THE RUPPERT TRACT, LOCATED GENERALLY NORTH OF
HIGHWAY 1 WEST FROM RM-44, HIGH DENSITY MULTI-FAMILY RESIDENTIAL. TO
RS-8, MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL. lREZ93-0007l
h, ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGU-
LATIONS OF AN APPROXIMATE 11,5 ACRE TRACT OF LAND, KNOWN AS THE
RUPPERT TRACT, LOCATED GENERALLY NORTH OF HIGHWAY 1 WEST FROM RM-
44, HIGH DENSITY MULTI-FAMILY RESIDENTIAL. TO RS-8, MEDIUM DENSITY
SINGLE-FAMILY RESIDENTIAL. (REZ93,0007l (FIRST CONSIDERA TIONI
PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE BY
CHANGING THE USE REGULATIONS OF AN APPROXIMATE TWO ACRE TRACT OF
LAND LOCATED GENERALLY ON THE WEST SIDE OF HARLOCKE STREET FROM
RM-44, HIGH DENSITY MULTI-FAMILY RESIDENTIAL. TO RS-5, LOW DENSITY
SINGLE FAMILY RESIDENTIAL, (REZ93-00071
i.
j, ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGU-
LATIONS OF AN APPROXIMATE TWO ACRE TRACT OF LAND LOCATED GENERALLY
ON THE WEST SIDE OF HARLOCKE STREET FROM RM-44, HIGH DENSITY MULTI-
FAMILY RESIDENTIAL. TO RS-5, LOW DENSITY SINGLE FAMILY RESIDENTIAL.
(REZ93-00071 JFIRST CONSIDERA TIONI
PUBLIC HEARING ON A RESOLUTION TO ANNEX LAND IN THE VICINITY OF THE
INTERSECTION OF MORMON TREK BOULEVARD AND HIGHWAY 1 AND TO ANNEX
LAND NORTHWEST OF THE INTERSECTION, (ANN94-0005l
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Franklin recommended to Council to continue public hearings k, and m, and defer items
I. and n. to the August 2 Council meeting,
I.
RESOLUTION TO ANNEX LAND IN THE VICINITY OF THE INTERSECTION OF
MORMON TREK BOULEVARD'AND HIGHWAY 1 AND TO ANNEX LAND NORTHWEST
OF THE INTERSECTION, (ANN94-0005l
PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE BY
CHANGING THE USE REGULATIONS FOR PROPERTY LOCATED IN THE VICINITY OF
THE MORMON TREK BOULEVARD/HIGHWAY 1 INTERSECTION FROM COUNTY A 1
TO CI-1 , INTENSIVE COMMERCIAL, AND LAND NORTHWEST OF THE INTERSECTION
FROM COUNTY R1 A TO CO-1. COMMERCIAL OFFICE, IREZ94-00071
ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGU-
LATIONS FOR PROPERTY LOCATED IN THE VICINITY OF THE MORMON TREK
BOULEVARD/HIGHWAY 1 'INTERSECTION FROM COUNTY A 1 TO CI-1. INTENSIVE
COMMERCIAL. AND LAND NORTHWEST OFTHE INTERSECTION FROM COUNTY R1 A
TO CO-1, COMMERCIAL OFFICE. (REZ94-00071 (FIRST CONSIDERATIONl
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0, ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY
OF IOWA CITY. IOWA. ENTITLED "ZONING" TO PERMIT BUILDING CONTRACTOR
FACILITIES IN THE CC-2. COMMUNITY COMMERCIAL ZONE. BY SPECIAL EXCEP-
TION. SUBJECT TO THERE BEING NO OUTDOOR STORAGE, (FIRST CONSIDER-
ATIONl
Franklin stated she will inform Council at their formal meeting if Planning and Zoning
Commission will require consultation on this item with Council.
p, ' ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY
OF IOWA CITY. IOWA. ENTITLED "ZONING" TO CHANGE THE DEFINITIONS OF
"DEVELOPMENTALLY DISABLED." "FAMILY CARE FACILITY/FAMILY HOME" AND
"GROUP CARE FACILITY," (FIRST CONSIDERATION) , '
q, ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE
REGULATIONS OF A PROPERTY LOCATED AT 402 S. LINN STREET FROM PRM.
PLANNED HIGH DENSITY MULTI-FAMILY RESIDENTIAL ZONE. TO CB-5. CENTRAL
BUSINESS SUPPORT ZONE, (SECOND CONSIDERATIONl
r, ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULA-
TIONS OF APPROXIMATELY 18,6 ACRES OF LAND LOCATED NORTH OF ROHRET
.. ROAD AND EAST OF SLOTHOWER ROAD FROM THE COUNTY DESIGNATION OF RS.
SUBURBAN RESIDENTIAL. TO ID-RS. INTERIM DEVELOPMENT SINGLE.FAMIL Y
RESIDENTIAL. (REZ94-0006l (PASS AND ADOPTl
s, ORDINANCE AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING
:. THE USE REGULATIONS OF AN APPROXIMATE 422 ACRE TRACT OF LAND
LOCATED SOUTH OF HIGHWAY 6 AND SOUTH OF THE SOUTHERN CORPORATE
LIMITS FROM COUNTY RS, SUBURBAN RESIDENTIAL. TO RS-8. MEDIU'M DENSITY
SINGLE.FAMILY RESIDENTIAL (62 ACRES): RM-12 LOW DENSITY MULTI-FAMILY
,,"-' RESIDENTIAL (10 ACRES): RM-20. MEDIUM DENSITY MULTI-FAMILY RESIDENTIAL
..(! (15 ACRESl: RFBH FACTORY BUILT HOUSING RESIDENTIAL (84 ACRES): RR-1.
(-".1 : ,RURAL RESIDENTIAL (191 ACRESl: AND ID-RM INTERIM DEVELOPMENT MULTI-
\l FAMILY RESIDENTIAL (59 ACRESl, (REZ92.0015l (PASS AND ADOPT) )',!,
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, , t. RESOLUTION APPROVING THE FINAL PLAT OF SCOTT/S FOURTH ADDITION, A 13.4
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I ACRE, 7-LOTCOMMERCIAL SUBDIVISION LOCATED WEST OF NAPLES AVENUE
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AND SOUTH OF HIGHWAY 1 WEST, ISUB94-0010l
AGENDA 13B, RECOMMENDATIONS OF THE DESIGN REVIEW COMMITTEE:
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Council directed staff to forward recommendations to the Planning and Zoning Commission
and Urban Planning Division,
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DESIGN REVIEW GUIDELINES:
Reel 94-92/ Side 1
Economic Development Coordinator Schoon presented information about the resolution and
ordinance to reestablish the Design Review Committee, '
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Council agreed to refer agenda item 19 to the Council Rules Committee and defer item 20 to
the August 2 meeting,
Council asked the Rules Committee to look at the number of Council members required to
approve a decision contrary to the what the Design Review Committee recommended; design
considerations for accessibility issues; sculpture; and other possible areas the Design Review
Committee could look at.
AIRPORT MASTER PLAN FEASIBILITY STUDY FUNDING:
Reel 94-92, Side 1
Airport Manager O/Neil and City Attorney Gentry presented information about the request for
airport master plan feasibility study funding, Council directed the Airport Commission and
City staff to prepare a formal recommendation for Council regarding funding,
STAFF RECYCLING CENTER PROPOSAL:
Reel 94-92/ Side 1
Solid Waste Superintendent Pelkey and JCCOG Solid Waste Planning Coordinator Neumann
presented information about the staffed recycling center proposal, City Manager Atkins stated
that the staffed recycling center proposal will be brought back to Council for consideration
after City staff has traveled to Missouri to obtain additional information about staffed recycling
centers,
AGENDA 2FI51 - IDYLLWILD:
Reel 94-93/ Side 2
City Attorney Gentry responded to Council questions regarding stormwater management
easement agreements and subdivision standards.
ADA CURB RAMP STANDARDS:
Reel 94-93, Side 2'
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City Manager Atkins presented information about the ADA curb ramp standards, Council
directed staff to proceed. In response to Novick, Assistant City Manager Helling stated that
the ADA task force will be asked for their input about the ramp warning design,
COUNCIL TEAMWORK UPDATE:
Reel 94-93/ Side 2
City Council agreed to reschedule this item for discussion,
COUNCIL AGENDA/TIME:
Reel 94.93/ Side 2
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Council agreed with Baker' s recommendation to schedule the parking ramp fee
subcommittee' s report at the end of August rather than the first of the month as
originally scheduled, '
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Mayor Horowitz urged Council Members to keep her informed of their summer
calendars,
3,
In response to Baker, Mayor Horowitz stated that she did attend the County Board of
Supervisors meeting on commercial zoning near 1.80 and Herbert IHoover Highway
(Eymanl, Horowitz reported that she plans to attend the county planning and zoning
committee meeting on August 8 or September 12,
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4, Kubby requested informa~on from the City Clerk and Police Chief regarding The Field
House liquor license application. Karr responded that the Police Chief has offered The
Field House education opportunities, In response to Kubby, City Clerk Karr explained
that the liquor suspension order issued last September stated very clearly in the final
, paragraph that should the corporation apply for another license or should the owner
apply for another license, the suspension would occur at the front end of the license,
In response to Novick's concern regarding the establishment being closed for
remodeling, City Attorney Gentry stated that she will research if City Council can delay
or defer action,
5, Kubby inquired about tap-on fees and asked if the fee that is charged for household
actually pays the true cost. City Attorney Gentry stated that the fee was actually
supposed to be paid by the subdivider but the City let them pass it on to the
homeowner under her objections,
6, Pigott requested that discussion of a police school liaison officer be scheduled,
7, Throgmorton noted that the public safety task force came up with a mission statement
,;. and not a vision statement. Atkins stated that he will address that issue, In response
to Kubby, Mayor Horowitz stated that City staff is working on a reception for the
vision task force participants, Kubby suggested that at the reception for the vision
task force participants, the vision statements be put up so everyone could read them,
8, Throgmorton noted his appreciation for the City Attorney' s memo regarding Near
Southside,
, i 9. Throgmorton recommended the following revisions to the July 11, 1994, work session
minutes:
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Page 2/ line 11/ change the word "diversity" to "diversify",
Page 3/ last line, change word "fiscal" to "environmental",
Page 4/ line 14/ change word "and" to "in".
10, Novick inquired about the special Class B liquor permit at Bushnell's, City Clerk Karr
stated that Bushnell's was sold and is under new ownership,
11. Novick inquired about the Class B permit on the resolution for dancing permit fees,
Karr explained that a Class B beer and liquor permits are not the same types of
permits, adding a Class B permit is the only beer permit that allows on-premises
consumption, Karr noted previous direction of Courtcil was to only regulate dancing
in establishments that serve beverages on premises.
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12, Novick referred to the resolution authorizing new fees for the City Clerk/s oHice,
Novick recommended that the fees should be changed to read on a per-tape, per-deed,
per-page or per-diskettes, City Clerk will follow-up,
13. Horowitz asked Council Members to fill out and turn in their applications to attend the
Iowa League of Municipalities meeting in September.
14. City Clerk Karr asked if ttiere were any questions regarding fees, In response to
Kubby, Karr stated the $40 fee per vehicle for taxis still does not cover costs.
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15. Mayor Horowitz noted that she has received a request from the University of Iowa to
recommend citizens to their human services review committee and University animal
care and use committee,
APPOINTMENTS:
Board of Appeals - C, Wayne Moss
Design Review - Re-advertise.
Meeting adjourned at 9:45 p,m,
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OFFICI! OF
EIGHBORHOOD SERVICES
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July 26, 1994
Dear Lexington Street Resident:
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The surveys are available for review in my office at 410 E. Washington. If you have
any questions please feel free to contact me at 356-5237.
In June, the City of Iowa City conducted a survey of those property owners adjacent to
Lexington Avenue to seek their opinion on speed control methods. The results of the'
survey are attached along with a synopsis of comments that were received. '
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The results of the survey provide no clear indication of a preference by the property
owners. The Island, Cul-de-sac, and Sidewalk options have more who find these options
unacceptable than acceptable to any degree. More people found the "Do Nothing" option
acceptable than unacceptable.
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Sincerely,
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Marcia Klingaman
Neighborhood Services Coordinator
cc: City Council /
Stephen Atkins, City Manager
Rick Fosse, City Engineer
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City of 10wI( City . 410 E, Washington Street . Iowa City, L\ 52240
Phone (319) 356.5237 FAX (319) 356.5009
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LEXINGTON AVENUE SURVEY RESUL T8
34 sent 27 received
(79% response rate)
RANK
1 l ~ 4 unacceptable
Island 7 5 15
Cul.De-Sac 4 5 2 16
Sidewalks 5 2 4 1 15
Do Nothing 10 3 2 12
COMMENTS FROM RESPONDENTS:
-LexingtonlPark intersection is dangerous, therefor it should be blocked off
-bushes have had to be removed on two occasions due to cars running into them
-what about the staggered gates, as proposed at the Neighborhood Meeting? (note* City staff did not
want to pursue the staggered gate option because of potentialliaiblity concerns)
,"do nothing" option should be replaced with increased and improved surveillance
-closing Lexington at Park would not control speeding, but rather just reduce the amount of traffic,
probably not worth the effort...
-island would be completely ineffective in controlling speeding, probably worsen the situation
-most joy-riders go through neighborhood and then turn around to go back again, closing tlle street
. would probably not reduce their presence
-street closure may produce a problem for the neighborhood during football and basketball seasons
-people move to Lexington because they like the area, if they can't accept it as it is, they can move...
-speed hump option should be reconsidered
-sidewalks won't stop speeders
-I've lived here for 50 yelirs- I say do nothing
-200 block doesn't experience the same problems that the 300 and 400 blocks have
-if safety is a problem, clearing overgrowth on the west side would help- sidewalks would assure that
the area is clear and visible... if speeding is a problem then an island would help- but wI/we"
don't see speeding as a problem,.. closing street would affect other streets as well
-block off street with a gate at the base, e,g, a dead end with special access to snow and garbage
trucks '
-none of the options will solve the problem, city should not rely on a unanimous agreement because
some are affected to a much greater extent than others
-Lexington has been paved in its present configuration for over 50 years. Before purchase, all home
owners knew, or should have known, of the 'recreational driving' activity in, that block, I have not
had the impression that the traffic has increased significantly over the last 15 years; if so it should
be documented, Why the sudden agitation? Sidewalks always should have been in place on at least
one side of the street! Changes, if made, should be paid by tlle 'benefited' property'owners, not the
general revenue funds
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June 7, 1994
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CITY OF IOWA CITY
Dear Lexington Avenue Resident:
In June of 1993, prior to the summer's flooding, the Iowa City Department of Public Works
evaluated alternatives that may alleviate the speeding and nuisance problem on Lexington
Avenue. The attached letter addresses those alternatives.
Since that time, no activity has occurred regarding this issue. In order to come to a conclusion,
I am asking the neighborhood to reach a consensus on which option they would like to pursue.
After speaking with some residents of Lexington Street, it was decided to send a survey that
would allow each property owner the opportunity to respond. The survey is attached along with
a self-addressed, stamped envelope. Since this has become a highly debated issue among
neighbors, the survey is anonymous.
It is important that a single solution be selected by a substantial majority of the neighborhood.
The City Council would then'be approached to review the request. It is ultimately up to the City
Council to approve the proposed solution and the funding availability.
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,Installation of speed humps has been under evaluation by the City for quite some time. The City
has concluded that the use of speed humps is not seen as an effective deterrent to speeding or
volume, they may add to the entertainment value, and the City picks up exposure to additional
liability .
PLEASE COMPLETE THE ATTACHED SURVEY AND RETURN BY FRIDAY, JUNE
17, 1994. When the results have been compiled, you will be notified of the outcome and
subsequent schedule of activities, if applicable.
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Marcia Klingaman
Neighborhood Services Coordinator
cc: Stephen Atkins, City Manager
Chuck Schmadeke, Director of Public Works
Rick Fosse, City Engineer
CIVIC CENTER' 410 E. WASHINGTON ST.
IOWA CITY IOWA 'll40.1816
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LEXINGTON A VENUE SPEED CONTROL SURVEY
In order to evaluate measures that Lexington Avenue residents can endorse, please
complete the following survey and return it to the City in the enclosed, self-
addressed, stamped envelope.
Please rank in order of preference (1-4). If you cannot endorse a particular
concept, do NOT rank it.
ISLAND - located south of intersection of McLean
Street (see Exhibit A)
CLOSE OFF LEXINGTON AT PARK ROAD -locate cul-
de-sac near Park Road (see Exhibit B)
IN~T ALL SIDEWALKS - installed on one or both sides
of the street
DO NOTHING - leave the street as it is
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PLEASE RETURN SURVEY BY JUNE 17, 1994 IN THE ENCLOSED,
I SELF.ADDRESSED, STAMPED ENVELO~E.
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June 7, 1993
Dr. Kahn
333 Lexington Ave.
Iowa City, Iowa 52246
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CITY OF IOWA CITY
Dear Dr. Kahn
As you requested, we have summarized the options likely to further
control the speeding problem on the Lexington dip. It is important to
note that when the following options were developed, only ,those
options were considered that would not create another safety problem.
1. Speed humps. 'The speed humps would be the same size and at the same
location as presented last fall. '
2. Place an island in the center of the street at the high point
just south of the intersection with McLean Street.
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3. Make Lexington Avenue ~ dead end by placing a cul-de-sac near
Park Road.
4. Sidewalks. '
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Limitations or disadvantages of each option are discussed below:
1. Speed humps '~ There is some question as to whether this
will slow the joy riders or just add to the amusement.
Additionally, our insurance carrier has advised against this
option.
2. Island - Because of the turning radius required for garbage
trucks and plows, the island can not be constructed within
the existing right-of-way and will require acquisition of
additional right-of-way, grading on private property, and will
impact mature trees.
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3. Cul-de-sac at north end - Same disadvantages as the island
option, plus it may not provide a deterrent to speed. It will
only eliminate through traffic:
4. Although sidewaiks can be constructed within existing right-of-
way, grading may extend onto private property and it will likely
impact some trees. Sidewalks are traditionally financed by special
assessment.
The cul-de-sac and island options are estimated to cost $30,000+ as
well as potential for private property aquisition, therefore the
Council is very likely to pursue any option with some degree of
financial caution. '
410 ,EAST WASHINGTON STREET' IOWA CITY, IOWA 1114001116' (J191 JlI",OOO' FAX ('19) ,,,",oot
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City Engineer
cc: City Council
City Manager
Director of Public Works
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Human Relations/Personnel
Internal Memo
July 26, 1994
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To:
Stephen 1. Atkins
Sylvia A. Mejia f.L' 1Y/
Domestic Partner Health Insurance
Prom:
Re:
"7
We have completed our research into the issue of the cost and tax liability of adding
domestic partners of City employees to our health insurance policy. This information has
been sent to City employees who requested it along with the eligibility guidelines and an
"Affidavit of Domestic Partnership". Employees who return the completed forms by
August 1 will be eligible to add their partners to our Blue Cross/Blue Shield insurance
effective that date. If the application is received after that date, the partner will be added
effective the first day of the month following receipt of the application.
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this 'policy on July I which was our target date. However, we are very comfortable that
we have adequately researched the issue and have formulated a policy which will meet
the requirements of the IRS for taxing purposes and are pleased that we can make this
benefit available on August 1, 1994.
Please let me know if I can provide you with any other information regarding this issue.
cc: Dale Helling
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RECEIVED JUL 6 1994
glOnt Ihe COesk o!:
'dlus!ee
COAD~ J. gma~~
go ulll ConcFJIned CP(\IUes:
0n 6(18(94. we Po.lUclpaled In 1110 gesUva~ vIl! ga~e. downtown, 90wa CI!~. <JlI~ Po.\HClpallng vIlllsl's I~Ble a~lowed !o
p(\lk In a ,lamp wl!h a !lVe do~lo.l vellllCaUon slamp iSsued b~ a membBI 01 IIle u\lt Councl~. glnce IIle lamp could not accom.
moda!e Oul velllcle, a Chev~ ,.As~o van, and a llai~BI, I~e 'tad no cllolce but to palk on lite slleeL gl~ing to be consClenUous. we
erected 10 po.lk IIle velllcles in ~Ionl o! an unopened pubQlc bul~ding on CQinton gllee!, two bQocks ~Iom lite !esUvat no! In ~Ionl 01 a
mBleftanr..
,9n a~e. lite Hm llnd LlaiQm WB!e iSsued ~Ul sepcla!€ ~loraUon g Ilno Hckels. me !1\RII~~ue occumd al 9:58am, space C~.190.
o!!lCel 00272. $9.00 lee, lIvIulOOl66407 . 10:00 space C~.192. O!!ICBI 00299, $9,00 lee lIulul00554965.
mose two !Ines IVBle paid undBI p,IO!es! On 6(24(94 In the amount o! ,~6.00, ck, 115904. go,1 Ihtse IIckels, the melel !O,I IIle
vanltad nol elplled. space 1I~.192, but the llalQBI space, 1I~.190. sllOwed elplled b~ Ihe Ume 9 ,IE!Ulned to le&illle me!BI..
CPelhaps the melelS In 90wa CI!~ o.le no! qul!e In s~nclllonI3aUon.
90lva CI!~ me!BlS ~.190. and ~192 ale Iwo 'toul me!BlS. which 9 did "!ee~' evel~ one houl, and !0,11~ live minutes.
CUpon diSCOVBI~ o! IIle ILlS! IIckels. 9 pullltem In p~ain view on IIle daslt. inside the van's I~indshieed In lite app,lolimale roca.
lion o! l~hBle IIle~ WBle on IIle oulside. me~ wele pQalil~~ viSMe.
,)115:01. and 15:02, we I~ele again iSsued vloQaUon and !Ine Uckels:
~.190, oWcel 00299, ,$9,00 tee, 1I..AA00554451. ~.192, o!lir.e1 00299. ,~9.00 lee, lIvIul00554452, wltich 91~use !o
even consldc\.. eWe !Ind I! in!elesUng ilIa! O!!ICBI II 00299 issued second Uckels, and added a ~o!nole on IIle Uckel IIta! "some
pe.lson" put mone9 In IIle mEtBI as IIle vioraUan was being w.llHen. 91 lite pClson W,IWng the Hcket l~ tl9in9 to ImpQ~ Ihat one o! us
was p,lesenL 9 chaQQEnge them !o desr.llbe the pClson a! the n~elBI. me Qasllwo Uckels have no! been paid. ,9n no olllFJI cl!9 have we
been tleatEd so ,ludeQ~, 91 a p(\lklng space is needed !O,I Oil al!iSl. speciaQ ViSllol, 0,1 palUClpant In a cll~ hacked !uncHon, a~~
olllcI ClUes we have been invlled to Ilave polOvlded and iSsued po.lklng pelmll~. 01 passes, 10 he dl~pQa9Ed Inllle wlndshleM o! Ihe
velllr~e ~,I the dUIOUon 01 the even!.
,9! ~ou WI~Q, pQease ~9 and Imagine QocaUng a palklng spa! lo,1 OU,I vellirfes wlten most Po.\Hclpanls o! IIle ult! gesUvaQ wFJIe
ah~e to w:e IIle palktng ,lamp wllrt n palklng VBIIIICatlOn. !Ind 10uI palklng vloiaUon !o,lms issued, !I~o 10111le van, !lvo 101 tile
lInlQel, whlQe "~edlng IIle me!cI" and Po.lUclpaUng In lite ..h! gesUvaQ a! Ihe same Ume.. evel ~9 10 Ilnd new douhQc palklng spaces
evel9 Iwo II0U\!: lulliQe ~ndlllg. and P(\\UclpnHng In II speclaQ even!?
q,Ve 10011 lite Hme !o !:peal1 wllh IIle CPoQlce COepallmenl, wllo 10Qd US II1e9 do not l~sue p(\ll1lng vlo~aHons, an out soulOO depa.I!"
menl do~:, cmd IIlat once Uckels Ole l~sued. II1e9 Ole no! supposed to iSsue an~ mOle. 9n speaking WillI IIle out soulce pelsonnEQ a!
IIle ,\(IlIIp. we wCle !oQd "~NQ oulllte lo,lIns", me 'jltl CounclQ toM us IIlat we WBle no! lite Illsl to cncoun!FJI SUefl Oil elpBlience,
and a CIl9 Councl~ vtlemhcl advlscd us IItallhe melFJIs alE not suppo~ed 10 he "Ie~', accoldlng 10 CIl9 €lldlnance, me CIl9
€l,ldlnllnce is no! posled ~,I Viewing, nO,1 ale wOlnlngs iSi:ued. qjou alC assuming IItat EVFJI9 pe!son USing CIl~ laclQWes ale accus.
!omed !o Clly poQIr~. Consldcllng IIle ve!Y nat~le 01 Oul vehicle Clnd ~aIQc\. 9 wouQd tlllnk I! wouQd he ohVlou~ tlla! l~e lVCle Invited
gut1:~:, Clnd pa.IU(:/pan~: in a ClhJ !:uppo,lled evenl, and ,9 Ilnd It QudIClou~, and InsuQUng !o he lined 10,1 pm king vloQaUon~,
,9 nppeaQ !o ,jIQQ COllcelned 'i'alU~:, the .jll! CounclQ, Clt9, CPoQlce CDepl.. and CPalklng C\lioQauon 'i'FJlsonneQ !o wO,lk In
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conjuncllon wilh eocli olltet, and ~el 0 pollcylegrodlng ~peclol eVeltW, and Invlled guesw wllO IlIOY Ileed 0 lit/Ie consldelalloll, and
lenlenCtj ~,\ proklng PIMleges. 'JIle ben~lw 01 coopelollon oon !ok ou{welgh llie consequences 01 0 proklng ulolallon.
ctllso, be oW~le lhol olllel t.AAllsi!J wele lined. and dlsglUnlled aboullhe sl{ualion, wlilel, llIa~ only add a negallve Image o!
!u{Ule e1IEni!J.
COue {o lhe nalUle o! OUI dilemma, we s~ongl~ leel {hele mUigallng c~r~mslances suMoundlng lite a~lle desmlbed eueni!J. and '
appeal all lite lickei!J Issued. CUie look ~IIWfud 10 ~oUl ,Iesponse. and hope IltOl some good oon come a! OUl appeal ~,I all
concelnEd po,lUes 10 wo.\k wUh each olllel. Ins lead 01 agalllS{ one anolhel. CWe awall ~oUllesllOnse.
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July 18, 1994
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CITY OF IOWA CITY
Carol J. Small
2235 Oakwood Ct.
East Moline, IL 61244
Dear Ms, Small:
I have explored the circumstances surrounding the parking tickets issued to your vehicles June '
18, 1994. These tickets were issued in accordance with City of Iowa City parking policy.
Oversize vehicles parked at parking meters must pay for all spaces occupied and must not park
over the posted time limit.
The City of Iowa City and the Arts Council have worked together for years to promote this
event. Requested parking spaces are provided to the Arts Council yearly at no charge,
Arrangements are made to "charge" exhibitor's parking in the Dubuque Street Parking Ramp.
This year over 100 parking spaces in one lot were dedicated solely to the Arts Fest for three
days.
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The City has never failed to respond to a parking request for this event, however, we can not
respond if we are not asked. If you would have contacted the cashier at the Dubuque Street
Parking Ramp, where exhibitors were instructed to park, you would have been directed to an
off street parking lot. At next year's event contact the cashier after unloading your merchandise
and they will give you directions.
I have forwarded your parking tickets to the City's Parking Ticket Review Committee. They will
review the circumstances surrounding your tickets and will contact you.
.1.1
Sincerely,
,
Steph n J. At ins
City Manager
cc: City Council
Michelle Coleman
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Mr. James F. "lonick, Supt
Oakland Cemetery
Iowa City, Ia 52240
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Dear Hr. 110nick:
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Recently, the Hilitary Affairs Association replaced twenty-eight Civil
War headstones in Oakland Cemetery. We view this comnleted project ~~th con-
siderable pride. We also firmly believe the citizens of this community will
increasingly appreciate the significance of this action as time goes by.
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A strong movement has been underway by many organizations throughou~ the
country, particularly Iowa, to improve the condition of headstones of Civil
War veterans, or replace them. Our project started over two years ago. I am
proud that our Association had the foresight to lead the way.
Bud Louis and Cy Shockey had primary responsibilit.\' for '~his project.
Both have informed me of your splendid cooperation and the physical effort you
and your crew rendered in making this project a success.
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In closing, I wish to commend you upon the beautiful condition one always
finds at Oakland. Please convey to your crevr our heartfelt thanks.
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president, Military Affairs Association
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To: IOWA CITY CLERK
From: jo hogartv
7-27-91 1:17pm p. 2 of 3
John!on Cuunt)'
_ \ IOWA 1
BOARD OF SUPERVISORS
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Stephen P. Lacina, Chairperson
Joe Balkcom
Charles D. Duffy
Patricia A. Meade
Don Sehr
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July 28. ~~94 '..
FORMAL MEETING
Agenda
\. Call to order 9:00 a.m.
2. Action re: claims
3. Action re: informal minutes of July 19th recessed 10 July 21st and the formal
minutes of July 21st.
4. Action re:
payroll authorizations
S. 9:00 a.m. - Continuation of Public Hearing on the following proposed Road
Vacation:
a) Road Vacation 01.94 .. Beginning at a point thai is N87' 33' 42"E
approximately 340' from the Southeast Corner of Pheasant Run Subdivision
as said plat is recorded in Plat Book 23, Page 33; thence Westerly and
Northerly approximately 6000 feet to the North bank of the Iowa River.
! .!
6. Business from the County Auditor.
a) Action re: permits
b) Action re: reports
c) Discussion/action re:
Supplemental.
d) Other
resolution transferring from General Basic to General
7. Business from the Planning Assistant.
a) Discussion/action re: the r allowing Plal1ing request:
.
913 SOUTH DUBUQUE ST.
P,O. BOX 1350
IOWA CITY,IOWA 52244.1350 TEL: (319)356.6000 FAX: (319)356.6086 I" h '
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Agenda 1-28-94
'Page 2
1. Application S9355 of James G. Mulford requesting preliminary and final
plat approval of Mulford's First Subdivision, a subdivision located in
the NW 114 oflhe SE 1/4 of Section 34: Township 80 North: Range 6
West of the 5th P.M. in Johnson County, Iowa (This is a 2-Iot. 9.68
acre, residential subdivision, located on the north side of Linder Road
NE, approximately 500 feet west of the intersection of Linder Road NE
and Prairie du Chien Road NE in Easl Lucas Twp.).
b) Other
a) Report re:
other items.
8. Business from the County Allorney.
9.
Business from the Board of Supervisors.
a) Discussion/action re: resolution selling public hearing on disposal of county
interest in builiding located at119 South Capital Street.
b) Discu&sion faction re: notice to bidders for the sale and removal of a county
building located al119 South Capital Street, Iowa City, Iowa.
c) Motion authorizing Pat Langenberg, Physical Plant Manager to solicit
proposals for (he removal of the building at119 South Capital Street, Iowa
City, Iowa.
d) Action re: Medicaid Home and Community Based Payment Agreements
(HCBS waivers) for clients #011 I 169J and #132686IC.
e) Other
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'a) Inquiries and reports from the public.
b) Reports and inquires from the members of (he Board of Supervisors.
c) Report from (he County Allorney.
d) Other
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City of Iowa City
MEMORANDUM
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RE:
City Council
Steven Nasby, Asso~iate Planne~
Acquisition of Thatcher Mobile Home Park and Showers Estate
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DATE:
July 26, 1994
FROM:
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The division is moving ahead with the acquisition of these properties as directed by
Council. We felt that it is important to inform the tenants of our intentions, in order
to eliminate inaccuracies.
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The attached letter was sent to the tenants of Thatcher Mobile Home Park on July 22,
1994. Mr. Olin Lloyd, who owns the Showers' Estates/wanted to inform his tenants
personally. So we have yet to contact these tenants directly.
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We will be continually updating the tenants of these properties as the acquisition
project progresses. If you have any questions regarding these projects please call me
at 356-5248.
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July 22, 1994
212~ S. Riverside Dr~
Iowa City, IA 52246
Dear
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As you may be aware, the Thatcher Mobile Home Park has been for sale, and the City of Iowa
city is presently negotiating the purchase of the property. The City has received flood funds
from the federal government to clear the floodplain and avoid future flood hazards. Any
floodplain clearance will be done over an extended perioe of time.
""";".
If the City acguires the park It will remain open for seven to ten years. It is our hope that the
park will be cleared as people move out over time. As part of this project, the City will
provide relocation assistance. We will do our best to keep you updated on our acquisition of
the park and the relocation assistance program.
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In the meantime, Tim Thatcher has expressed an interest in continuing to manage the park
and it will hopefully be a smooth transition of ownership. If you have any questions regarding
this project, please contact Steven Nasby at 356-5248.
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K rin Franklin
irector of Planning & Community Development
cc: Tim Thatcher
City Council
thatcher.ltr
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410 lAST WASHINGTON snUT. IOWA CITY. 10'l/A 12240.1111' ell') 116.1000' PAX ClIII 1"'IOOf
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From: jo hogartv
8-1-94 8:48am p. 2 of 3
Johnlon Count)'
_ \ IOWA:>
BOARD OF SUPERVISORS
Stephen P. Lacina, Chairperson
Joe Bolkcom
Charles D. Duffy
Patricia A. Meade
Don Sehr
August 2, 1994
INFORMAL MEETING
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Agenda
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Review of the informal minutes of July 26th recessed to July 28th and the formal
minutes of July 28th.
CaUto order 9:00 a.m.
2.
3. Business from the County Engineer.
a) Discussion re: placement of stop signs at various previously unconlrolled
intersections in the county.
b) Other
4. Business from Marge Penney. Human Services Coordinator re: appointments
10 the Mental IIlnesslMental RetardationlDevelopmental Disabilities/Brain Injury
Planning Council and Case Management Advisory Board/discussion.
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S. Business from the Director of S.E.A.T.S.
a) Discussion re: possible rental of office space.
b) Olber
6. Business from the Assistanl Zoning Administrator.
a) Discussion re: J. Patrick White, County Attorney and Johnson County
Planning and Zoning Commission regarding the North Corridor Plan
update.
b) Other
7. Business from the Board of Supervisors.
913 SOUTH DunUQUE ST,
P,O. nox 1350
FAX: (319) 356-6086 "7 t,
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IOWA CllY, IOWA 52244.1350
TEL: (319) 356.6000
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. To: IOWA CITY CLERK
From: jo hcgartv
B-1-94 B:4Ball p. 3 of 3
Agenda 8-2-94
Page 2
a) Discussion re: meetings scheduled for the week of August 14, 1994.
b) Reports
c) Other
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8. Discussion from the public.
9. Recess.
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REPLVTo:
o 135 HART SEHATE OffiCI BUilDING
WASHINGTON, DC 20510-1501
11011124-3744
TTY'II011124-4479
o 721 F.D....' BUILD,"'
210 WALNUT STREET
DES MOIN.., IA 50309-2140
151511B4-4890
o 20B FEO''''' BUILD,"'
1011n SlREETSE.
CEOAR flAplD', 'A 52401-1217
13191363-6831
RECEIVED JUL 28
1QQ4REPLY To:
tj 103 FEDERAL COURTHOUSE BUilDING
320 6TH STREET
SIDUX CITY,IA 51101-1244
17121 233-1660
CHARLES E. GRASSLEY
WASHINGTON. DC 20610-1601
o 210 WATERLOO BUILDING
631 COMMERCIAL STREET
WAnRLDD,lA 50701.5497 '
13191231-6657
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July 21, 1994
o 1 16 FEDERAL BUilDING
131 E. 4TH STREIT
DAVINP<l".IA 51601-1513
1319) 312-4331
o 307 FEOER" 6UILDIN'
. 8 SOUTH 6TH STREET
CDUIICI' 6LUffS.'A 51501
1712) 312-7103
The Hon. Susan M. Horowitz
Mayor-City of Iowa City
410 East Washington Street
Iowa City, Iowa 52240-1826
Dear Mayor Horowitz:
Thank you for your recent correspondence. I am glad to have the
benefit of your views.
..; ,
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I appreciate learning of your support for banning semiautomatic
weapons. The use of firearms by felons and drug traffickers has
aroused concern about the vulnerability of law enforcement agents
and private citizens alike. We must take steps against people
who commit crimes with a firearm. Statistics show, however, that
most weapons used by drug dealers and killers are shotguns and
handguns, not semiautomatic weapons.
',:
The Senate nevertheless, adopted as part of its crime bill a
proposal to ban 19 semiautomatic assault weapons. ' You will be
pleased to know that I voted for the Senate crime bill that
contained this provision and other provisions designed to fight
the growing menace of violent crime.
Please keep in touch. I always appreciate hearing the views and
opinions of the people back home.
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Charles E. Grassley
United States Senator
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FINANCE
AGRICULTURE. NUTRITION. AND FORESTRY
JUDICIARY
OFFICE OF TECHNOLOGY ASSESSMENT
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National Bicycling
And Walking Study
U,S, Department
at Transparlanan
Federal Highway
Administration
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Case
Study
No. 19
Traffic
Calming,
Auto-Restricted
Zones and
Other Traffic
Management
Techniques-
Their Effects
on Bicycling
and
Pedestrians
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Foreword
This case study was prepared under contract for the Federal Highway Administration
by Andrew Clarke and Michael J. Dornfeld.
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Notice
This document is disseminated under the sponsorship of the Department of Transportation in
the interest of information exchange. The United States Government assumes no liability for
its contents or use thereof.
The United States Government does not endorse products or manufacturers. Trademarks or
manufacturers' names may appear herein only because they are considered essential to the
object of this document.
The contents of this report reflect the views of the authors, who are responsible for the facts and
accuracy of the data presented herein, The contents do not necessarily reflect the official policy
of the Department of Transportation.
This report does not constitute a standard, specification, or regulation.
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National Bicycling and Walking Study
FHW A Case Study No. 19
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Traffic Calming, Auto-Restricted
Zones and Other Traffic Management
Techniques-Their Effects on
Bicycling and Pedestrians
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Executive Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~ . . . . . . . . . .. v
I.
In.troduction ........... '. . . . . . . . . . . . . . . . , . . . . . , . /. . . , . . . . . . , ., 1.
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II. The History and Development ofTraffic Calming ...... ,;'. . . . . . . . . . . . . .. 3
1. Pedestrianization..,.., .., . , . . . . . . . . . . . , . . . .'. . . . . . . . . . . . , . . " 4
2, Woonerven..."....,........,.......... '. , , . . . . . . . . . . . . . .. 7
3. Verkehrsberuhigung........,............................... 12
4. Traffic Caln1ing in Denmark. , . .', , , . . , . . . . .. , , , , , . . , . . . , . . . . .. 19
5. Traffic Calnling in Japan ...,.. . :'. . . . . , , . . . . . , . . . . . . . . , . . . . .. 19
6. Other Traffic-Reduction Strategies ............................ 20
7, Summary.....,.,.,...,.,...,~' ~ . '.' , . , , , , . , . , , , , . . . . , . . " 23
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ill. Traffic Calming in the United States . . .. . . ; .. .. . . . . .. . . .. . . .. . . . ... 25
Types of United States Traffic-Calming Techniques .................... 25
1. Speed Hump Installations ...,;.......................... 27
2. Traffic Circles (Mini-Roundabguts) . . . . . . . . . . . . . . . . . . . . . . .. 30
3. Chicanes .,.."..,.". ,I', , , , . . . . . , . . . , . . , . . . . 1 . 1 . . .. 31
4. Bicycle Boulevard . . . . . . .'. . . 1 .' 1 . . 1 1 .. 1 , , . . . . . , . . . 1 1 . ,. 32
5. Channelization Changes . .. . . . . . . . . . ; . ~ . . . . . . . . . . . . . . . .. 33
6. Slow Streets ." 1 . . . . . '. . . . 1 . . . . . , . . . '.' . . . 1 . , , . . . . . 1 ., 34
7. Transit Street and Pedestrian Zones . . . . ; . . . .. . . . . . . . . . . . . .. 35
8. Signing Techniques ..... . . . . , , . . . . . . . . , ',,' . , . . . . . . . 1 . .. 36
9, Traffic Diverters ...,.".,........ 1 . . , , . . . 1 . . , 1 . . . . . .. 36
10. Comer Radii Treatments ............................... 38
IV. Practical and Policy Implications ................ ~ . . . . . . . . . . . . . . .. 41
1. The goals for traffic calming must be clear. ........;......... 41
2. Is there a need and the support for
traffic ca.I.rning? . . . . . , , . , , . . . . . , , . . . . . . . . . . . . , " . . , . . .. 42
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3. Will bicyclists and pedestrians benefit
from traffic calming? . . . . . . , . . . . . . . . . . . , . . . , . . . . ~',,' . . . .. 44
4. What is the potential opposition
traffi alm. ? ' 47
to Ie c mg.. , . . . . , . . . . , . . . . . . . . . . . . . . . . . . . ",~ . , .
5. What are the costs and benefits of
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traffic calming? . . . , , , , , . . . . . . . . . . . . . . . . . , . . . , . , . . . ~'... 50
6. Traffic calming affects more than just, ".,
bicycling and walking. ,. . . . , . . , . . , , . t . . . , . , , . , , , . . . . . . '.- 5 I
7. New concepts, . . . . , . . , . . . , , , , , . , , , , . . . . . . .'. . . , . . . . , , ,:~52
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V. Conclusions and Recommendations ............................... 53
Bibliography . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . t . . . . . . . . . . . . . . . .. 55
Tables
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1. Injury Accidents per 1000 Chil4ren . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
2. Bellevue Speed Humps Findings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 29
Figures
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2. Typical Traffic Calming Devices ................................. 26
3. Speed Hump Marking and Signing ................................ 28
4. Two-Way Center uft Tum .................... t . . . . . . . . . . . . . . .. 33
5. Basket Weave Stop Sign Pattern. . . . . .. . . . .. . . . .. .. . . . . . . . .. . .. .., 37
6. Comer Radius ,............................... t. . . t . . . . . . , t t. 39
7. Commuting Habits and Preferences . . . . . . . . .. . .. . . . . . .. . . . . . . .. . ... 42
8. Traffic Calming on Motor Vehicle Speeds. .. .. . .. .. .. . .. . . .. .. .. . ... 45
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FHWA Case Study No. 19
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Executive Summary
Traffic calming is becoming a popular traffic management tool in many areas of the
world including Europe, Japan, and North America. In addition to requests from neighborhood
groups, pedestrians and bicyclists have gotten involved in supporting traffic calming. The
reasons these groups are supporting traffic calming varies. However, some of the most important
reasons are for safer and more pleasant neighborhoods, environmental concerns, and places for
people to walk and bike.
The body of this report can be divided into three parts. The first two major sections examine
the history and traffic-calming techniques installed in Europe, Japan, and the United States. The
fmal section of the report examines the practical and policy implication of traffic calming.
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Key Findings
European Traffic Calming
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Traffic calming can be traced to the development of three types of methods:
environmental areas, pedestrianization, and the Dutch "woonerven." The origin of traffic
calming can be traced to Germany where downtown shopping areas were converted into
pedestrian areas.
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The Dutch were the flrst to create traffic-calmed residential areas with the woonerf or
"living yard." The impetus for the development of the woonerf was to calm motor vehicle traffic
that was becoming a nuisance and a threat to residents. The woonerf became very popular
because motor vehicle volumes and accidents were reduced.
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The next step in the development of traffic calming was the German concept of
"verkehrsberuhing" or area wide traffic calming. A strict 30 km (18 mph) speed limit was
implemen~d, but over time it became clear that physical changes to the street were needed to
control the speed of motor vehicles. An analysis of these areas found little change in traffic
volume, a reduction in motor vehicle speeds, and high approval of the traffiC'Calming technique
by both residents and motorists.
Europe also saw other types of trafflc-calming techniques developed. ''Trafflc Cells" are
sections of a city that allow internal movement of motor vehicle trafflc, but prohibi't. direct motor
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the boundaries between cells. Public transport. pedestrians, and bicyclists can move freely
between the cells. Many other European cities' centers simply restricted nonessential motor
vehicle traffic. '
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residents.
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A variety of United States traffic-calming experiences are reviewed in this report.
Traffic-calming attempts in the United States tend to focus on spot locations and most have
resulted in lower motor vehicle speed and fewer motor vehicle accidents. In general, acceptance
of traffic calming is high with many neighbors believing that traffic calming was responsible for
making their street more livable. Local residents also felt the benefits of traffic calming
outweighed any minor inconveniences or other concerns.
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While infonnation exists on the effects of traffic calming on motor vehicle accidents and
speeds, there is little infonnation on the effects on bicycle and pedestrian use. However,
evaluations of the Palo Alto, California bicycle boulevard and Seattle channelization changes
showed increases in the amount of bicycle traffic. Evaluations of similar treatments are needed
as they are, implemented in the future.
Practical and Policy Implications
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Seven issues regarding traffic calming are discussed. They are traffic-calming goals, need
and support for traffic calming, benefits to bicyclists and pedestrians, potential opposition, costs
and benefits, traffic-calming effects, and new concepts.
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FHWA Case Study No. 19
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I. INTRODUCTION
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Over the last thirty years, most of Western Europe, North America, Japan and Austi'alia
have been engaged in a struggle to manage the motor vehicle-to retain both the value of the car
in providing mobility and access, and the quality of life in urban and suburban areas. Increasing
environmental awareness over the last decade has added urgency to the issue. '
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In Western Europe a wide variety of traffic management techniques have been developed
to provide alternatives to the automobile, improve public safety, and enhance the urban
environment These measures have included pedestrianization, extensive bicycle facility
networks, improved public transport, and most recently, traffic calming.
In the United States, the pressure for such measures has been less severe, and the solutions less
widespread and well developed than in Europ~. With notable exceptions such as Seattle,
Boulder, and Californian cities such as Berkeley and Palo Alto, there have been few efforts to
restrain traffic in the way that has now become common, in European towns and cities.
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As traffic has grown both in Europe and the Unite~ States, bicycling and walking have
become less attractive and feasible alternatives to many people. Traffic calming offers a way out
of this Catch 22 situation and, as in Europe, bicyclists and pedestrians are at the forefront of
efforts to initiate traffic calming in urban' areas.
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What is traffic calming? Four quotations from the literature provide some insight:
Traffic calming aims to reduce the dominance and speed of motor vehicles.
It employs a variety of techniques to cut vehicle speeds. Normally traffic
calming should be applied as an area-wide technique. To apply it only to
a particular street is to run the risk of pushing accidents, pollution and "rat-
running" into neighboring areas. 1 ' ,
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Traffic calming was initially applied primarily in residential areas but is now
starting to be extended to whole cities. It is an attempt to miX the different
transport modes and create a form of "peaceful coexistence" between them
which will vary according to the character of the built-up area rind the road.
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I Cleary, Cyclists and Traffic Calming, Cyclists Touring Club, 1991, GodaIming, U.K.
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The result is that in most cases the urban environment is considerably
improved. 2
However, traffic calming is far from being a witch hunt policy against the
car. It simply means motor traffic has to lose its dominance in tlwse cases
where it has become a nuisance and a danger. It will be the struggle for the
emancipation of the pedestrian, the reclamation of public and cycle
transport, the preservation of the historic built environment and the
residential neighborhoods.3
Verkehrsberuhigung (German for traffic calming) ...means more than making
the traffic quiet, it means making surrounding areas better.
Verkehrsberuhigung means to lessen the disadvantages of traffic yet still to
keep all the advantages of transpoft. Verkehrsberuhigung means, it is
argued, improvements for pedestrians, cycles, buses and trams, an increase
in traffic safety, an improvement in the environment where you live, a
stimulation of central living and shopping, less noise, less exhaust fumes, a
more pleasant appearance and less traffic signs, greenness and less comfort
and speed for car traffic.4
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Three decades of experience have shown that traffic calming can solve many but not all
traffic problems. Reductions in speed, accidents, noise, pollution, and congestion have been
achieved, as have more liveable neighborhoods, vibrant shopping streets, and malls, and improved
conditions for bicyclists and pedestrians. Public transport has been well served by the goals and
implementation of traffic calming in Europe~
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This report examines the development of traffic calming in Europe and the United States,
with a particular emphasis on the impacts of such traffic management on bicyclists and
pedestrians.
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1 Hass Klau, An l/lustrated Guide to Traffic Calming, Friends of the Earth, 1990, London.
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4 ToUey, Rodney, Calming Traffic in Residelllial Areas, 1990, Brefi Press, Wales.
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FHWA Case Study No. 19
II. The History and Development
of Traffic Calming
I think, though others may not agree with me, that the term "traffic calming II
was originated by me in the mid-1980s when making a direct translation
from the German "verkehrsberuhigung. II Traffic calming as a device may
have originated in the Netherlands, where the concepts of "woonerven II
(living yards) and "winkelerven II (shopping yards) were applied respectively
to residential and shopping areas. S
In a report for the United Kingdom environmental group, Friends of the Earth, Hass Klau
traces the roots of traffic calming back to three sources. In addition to the Dutch "woonerven,"
she identifies Buchanan's "Traffic in Towns," in which he described the importance of having
environmental areas, and pedestrianization as being the major influences.6
Few would argue that the development of traffic calming has been led by European
countries such as the Netherlands, Germany, and Denmark. Although many of the engineering
techniques and facilities used in tr~fic calming have always been a small part of the United
States traffic engineers toolkit, they have not been utilized in quite the same way and not to
nearly the same extent as in Europe or, more recently, in Japan and Australia.
Much of the reason for this is purely practical. European cities tend to be more compact
than United States cities and cannot cope with the volume of traffic experienced in the United
States. Car ownership is still higher in the United States than in most European countries.
European cities tend to have better public transport services already in, place and local
governments have much greater control over land use planning and development than their
counterparts in the United States
However, these differences should not mask the real reason for the "'much wider
acceptance and implementation of traffic calming in Europe than in the United slates. As a
matter of policy, the overwhelming majority of European cities have determined they do not want
"
l Roberts, Jobo. ''Traffic Calming," Pro Bike '90 Proceedings, Bicycle Feder.l1ion of America, Washington, D.C.
6 Hass Klau, An /1/uS/roted Guide to Traffic Calming. Friends of the Earth. 1990, London.
1
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to accommodate the level of car use experienced in the United States as the economic, social,
cultural, and environmental cost of doing so would be unacceptably high.
A study into the likely economic impact of increasing car use from 36 percent of trips
to 76 percent of trips in the Dutch city of Groningen-and a fall in bicycle use from 50 percent
to just 5 percent~stimated an annual cost per car of approximately $250 to make up for the
increased air pollution, noise nuisance, parking costs, and energy consumption. Traffic accidents,
congestion and health impacts were not quantified. The additional parking required for the
increase in traffic represented one quarter of the entire downtown area of Groningen.'
Buchanan warned in 1963:
"
The briefest acquaintance with the conditions that now prevail in towns
makes it clear that traffic congestion has already placed in jeopardy the well
being of many of the inhabitants and the efficiency of many of the activities.
Unless something is done about the potential increase in the number of
vehicles that come together in neighborhoods the conditions are bound to
become extremely serious within a comparatively short period of years.
Either the utility of vehicles in towns will decline rapidly, or the pleasanmess
and safety of the surroundings will deteriorate catastrophically-in all
probability both will happen together.s
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Countries such as Germany paid heed to these warnings. While they developed the most
extensive freeway system in Europe they also invested heavily in public transport, bicycling, and
walking facilities. According to Hall, "German cities have led and the rest of the
world-including Britain-have followed at a distance.,,9
1, Pedestrianization
i.j
I ~
Throughout the 1960's pedestrianization of downtown shopping streets was undertaken
across Germany. Streets were reserved exclusively for use by pedestrians. Initially, pedestrian
streets were provided as part of a general re-design of city centers to make way for the
automobile-including central city ring-roads, multi-story car parking garages, and rear access
streets for delivery vehicles. However, as a result of their economic success and changes in
attitude towards historic preservation, the environment, safety, and pedestrianization oflarge areas
of downtowns became a symbol of enlightened town planning. In western Germany alone, there
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7 Kromendijk. Erma. Policy and Provision/or Cyclist in Europe, Commission of the European Community, 1989,
Brussels,
I Buchanan, Traffic in Towns, HMSO, 1963, London.
9 Hall, Peter. New Life [or City Centers: PlaMing, Transport and Conservation in British and Ge171Uln Cities,
Anglo-GelIlUlll FO\Jlldation. 1988. London.
4
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are over 1,000 pedestrian areas and traffic-ca1taed town centers. All cities and almost all towns
with a population of over 50,000 have central pedestrian areas. Almost three-quarters of towns
with populations of 20,000-50,000 have a pedestrian area or a traffic-calmed shopping area.10
Most pedeStrian areas in Germany began as short stretches of stree~ typically quite
narrow and with a high ,density of pedestrians. Newly established pedestrian lIfeas usually cover
100-300 meters (300-1,000 feet) and most are subsequently extended. In the older and larger
cities such as Munich, Frankfurt and Hanover networks of pedestrian streets, and arcades extend
from 4 to 7 kilometers (4.5 to 4.5 miles). Similar development is evident in eastern Germany
as well.
Pedestrianization is now a feature of most European cities, to the extent that cities without
them l!fe considered backwards. In 1975 Monheim surveyed 120 German towns to determine
why they had implemented pedestrianization. He found the most important reason was "to have
an up-to-date town layout and attractive image." Other popular answers were:
,
· Improvements for traffic and safety
· Leisure use of the center, especially for evening use
· Attracting shoppers from surrounding countryside
.
Less noise and pollution
.
Preservation of historic townscape ,
· Prevent loss of trade to competing townsll
Discussion of the success or desirability of pedestrian areas focuses not, on safety but
economics. Roberts sums up the argument'
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.
\
10 Monheim, H., '1'he Evolution and Impact of Pedestrian Areas in the Federal Republic of G~Y," The
Greening of Urban Transport. Belhaven Press, U.K. 1990. \
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II Ibid.
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There is now a wealth of evidence to show that pedestrianization, unless it
is mis-designed or located, benefits retail turnover. This is probably
attributable to three pheMmena: pedestrian flows increase by at least 50
percent; pedestrians are more relaxed when freed from the hassles of
vehicular traffic; they can more easily compare what is on offer and, in fact,
see things they probably would have missed in a traffic congested street.12
As evidence of this, Roberts ~ites a 1978 study by the Organization for Economic
Cooperation and Development (OCED). More than 100 cities with pedestrian areas responded
and, worldwide, turnover in city centers with pedestrian areas increased in 49 percent of cities,
remained stable in 25 percent, decreased by 10 percent in 18 percent of the cities, and by 25
percent in the remainder. Cities in Austria, Gennany, and Scandinavia experienced increases in
turnover of more than 60 percent 13
Roberts warns of the mis-design and location of pedestrian streets, while Monheim details
the possible negative effects of pedestrian areas. Some of the issues that arise in their
discussions include:
. Streets should already have significant pedestrian activity before motor vehicle
traffic is removed.
. Pedestrian areas should not usually be introduced as isolated measures, but as
part of a package designed improve the whole downtown area. For example, the
extensive pedestrianization in Munich was complemented by construction of the
very successful U-bahn and S-bahn rail systems, which feed directly into the
pedestrian areas.
. The increased attractiveness of pedestrian areas can significantly increase shop
rents. For example, the pedestrianization of Stonegate in York, England led to
rent increases from $400 to $1500 per square meter. While this demonstrates
success, it can lead to "nightmare pedestrian areaS" where only nationally
franchised chain stores can afford to remain, leaving every pedestrian area
looking exactly the same.
!.I
. The type of shopping found in pedestrian streets tends to be comparison
shopping rather than convenience shopping, as shoppers feel more comfortable
browsing in the unhurried auto-free atmosphere.
11 Roberts, John, "The Economic Case for Green Modes," The Greening of Urban Transport, Belhaven Press.
1990, U.K.
IJ Results of Questionnaire Survey on Pedestrian Zones, Organization of Economic Cooperation and Development
(OCED), 1978, Paris.
6
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. Other locations, especially those on the periphery, do less well after
pedestrianization. Competing town and city centers may also suffer a loss of .
business. In some locations traffic calming, rather than full pedestrianization,
has been introduced in th~ peripheral areas to make them morr attractive.14
!
"
"
Despite these potential problems, both Monheim and Roberts speak in glowing tenus of
the importance of traffic free 'downtown areas, and the way in which pedestrian activity builds
on itself to create an attractive place to be.
The sheer attractiveness of a reborn city center, resulting from less vehicular
traffic and concomitant environmental improvements, can introduce less
tangible benefits. It will become a magnet for tourists. It will be a better
I
place for working, so employees and employers will /unie greater satisfaction.
It will pennit on-street entertainment, political meetings, concerts-all
contributing not only to a better quality of life but also to economic
enhancement. New buildings will arise and old ones will be renovated, shop
fronts will be renewed or repainted. And it will become a mecca for green
travelers-a good place to walk, cycle and perhaps tour around in a minibus.
There is an interactiveness about all these events, one stimulating another. IS
o
I
2. Woonerven
In the 1970's the focus shifted from city centers to residential streets and neighborhoods,
where traffic was becoming a significant nuisance and threat to residents. The Dutch, and in
particular the city of Delft, were at the forefront According to Tolley:
, ,
Planners there began to ask why it was that their residential streets were so
dull and so unsafe, and why was it impossible to do anything else there
except drive cars-even though most of the time there lYere no moving cars.
Traffic was seen as one of the greatest sources of blight, causing unsafety,
discomfort and taking most of the space.16
'I.!
The result of their thinking was development of a new concept in traffic management:
the woonerf, or living yard. Experiments with these new street designs, in which there was no
segregation between motorized and nonmotorized traffic and in which pedestrians have priority
I '
,
,
,. Roberts, J., and Monheim, H" "The Economic Case for Green Modes" and 'The Evolutiori ,and Impact of
Pedestrian Areas in the Federal Republic of Germany," The Greening of Urban Transport, BelhaveD Press, 1990,
U.K.
'.
,
" Roberts, John, "The Economic Case for Green Modes," The Greening of Urban Transport. Belhav~n Press,
_U' \
16 ToUey, Rodney, C1aplCr 4. Calming Traffic in Residential Areas, Brefi Press, 1990. Wales.
7
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in the whole street area. became Dutch law in 1976, In the 7 years after the new traffic law
defming woonerven was passed a total of 2,700 such features (average size: two streets of
approximately 200 meters (600 feet) in length} were built 11
The 1976 law lists some important characteristics of a woonerf (pI. woonerven) that
differentiate it from any other type of street These include some very specific design
requirements such as:
· The impression that the highway is divided into a separate roadway for motor
vehicles and a footpath must be avoided. There should, therefore, be no
continuous difference in cross-sectional elements along the length of the road.
Breaks should therefore occur in features which can give the impression of the
existence of a footpath and should be at intervals of approximately 25 meters (75
feet); this should be quite clear to the motorist
. On those parts of the highway intended for motor vehicle use, features must be
introduced which will restrict the speed of all types of vehicles. These features'
should not be more than 50 meters (150 feet) apart I'.
. These features should not be located so as to cause vehicles to pass too close to
housing which fronts directly onto the road.
· Adequate stre,et lighting must be provided to ensure that all features, especially
those referred to above, are fully visible at night 18
These main features, along with 10 others, were required in every woonerf. As a result,
it was also felt necessary to publish a new set of traffic regulations especially for the woonerf.
Five basic principles were outlined:
. Pedestrians may use the full width of the roads within a woonerf which is
designated as such: playing is also permitted on the roadway.
,i .1
. 'Drivers within a woonerf may not drive faster than at walking pace. They must
make allowance for the possible presence of pedestrians, including children at
play, unmarked objects, and irregularities in the road surface, and the alignment
of the roadway.
. Traffic from the right has. priority over traffic from the left in a woonerf.
(Normally, fast traffic has priority over slow traffic.)
IT Ministerie van Verkeer en Waterstaa~ Residential Neighborhoods and Traffic Zones, The Hague, 1986.
II ANWB (The Royal Durcb AUlomobile Club), "Woonerf," The Hague, 1980.
8
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· Drivers may not hinder pedestrians within a woonerf. Pedestrians/shall not
unnecessarily hamper the progress of drivers in a woonerf. ,/
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in a woonerf except at places which are identified by the appropriate traffic sign
or the letter P marked on the pavementl9i
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The biggest change, of course, was the notion that all road users 'should be integrated, not
separated, for their mutual safety and benefit The legal change was backed up with quite radical
new street designs and layouts and every feature of the woonerf encourages drivers to drive at
walking pace.
Figure 1 on the next page shows the typical features o,f a woonerf.
Drivers entering a woonerf must pass by a sign indicating the new rules that apply. No
sidewalks are provided-the whole street is on the same level. Regular shifts in the vertical and
horizontal alignment, street furniture, play areas, designated parking spots and different surface
materials all contribute to the feeling that priority rests not with the motor vehicle, but with
residents on foot, children playing, and nonmotorizedusers.
, ,
Other important principles inherent in the original woonerf design included:
· Wocinerven were only appropriate for streets with an already low flow of
througlt traffic.
· Woonerven should always be two-way streets, with passing places where
necessary.
· Access for emergency and service vehicles is always maintained.20 Planners,
engineers, and, residents, alike clamored for the introduction of woonerven.
Indeed, one problem experienced with their use was that residents living on the
streets wholly inappropriate for implementation of a woonerven, pressured their
governments to have their street changed.
The widespread introduction of woonerven was closely evaluated:
· Nationally, 70 percent of the Dutch population thought woonerven attractive or
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· Nonmotorized users assessed them more positively then motorized users.
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8. benctv'play object
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. Residents appreciated the low traffic volumes and absence of through traffic, but
the bigger play areas and environmental improvements were e~en more of a
benefit
. Injury accidents were reduced by 50 percent.
. Vehicle speeds were reported to average 13-25 kmlhour (8-15 milhr.).
As a result of this success, woonerven have become a routine feature of new residential
area design. However, there have also been a number of problems identified with woonerven.
Retrofitting existing neighborhoods to become woonerven was prohibitively expensive. The very
strict design requirements of woonerven often could not be met For example, traffic flows in
inner city neighborhoods might exceed the low volume required for a woonerf and cause an
overflow of traffic onto neighboring streets. Pedestrians complained that there was no designated
or protected space for them without raised sidewalks. Fmally, the principles of woonerven could
not legally be extended to shopping streets or village centers (winkelerven and dorpserven).
Thus, in 1984, a Review Panel established by the Dutch Government reviewed the
woonerf law and made a number of substantial changes. The 14 strict design rules were reduced
to just six basic principles, close to the original concept of the woonerf, but allowing more
flexibility.
1. The main function of the "erf' shall be for residentiai purposes. Thus, roads
within the "erf' ,area may only be geared to traffic terminating or originating
from it The intensity of traffic should not conflict with the character of the
"erf." In practical terms, conditions should be optimal for walking, playing,
shopping, etc. Motorists are guests. Within woonerven, traffic flows below 100
vehicles per hour should be maintained (300 vehicles per hour for winkelerven).
!
2. To slow traffic, the nature and condition of the roads and road segment must
stress the need to drive slowly. Particular speed reducing features are no longer
mandated, so planners can utilize the most effective and appropriate facilities.
3. The impression shall not be created that the road is divided into a carriageway
and sidewalk. Therefore, there shall be no continuous height differences in the
cross-section of a road within an "erf." Provided this condition is met, a facility
for pedestrians may be realized. Thus, space can be design'ated for pedestrians
and a measure of protection offered, for example, by use of bollards or trees.
4. The entrances and exits of "erven" shall be recognizable as such from their
construction. They may be located at an intersection with a major road
'(preferable) or at least 20 meteI:S (60 feet) from such an intersection. '.
"
5. The area of a section of the road surface intended for parking one or-more
vehicles shall be inarked at least at the corners. The marking,' and the letter P
11
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Traffic Calming. Auto-Restricted Zones and Other Traffic Management Techniques
shall be clearly distinguishable from the rest of the road surface. In winkelerven
special loading spaces can be provided, as can short term parking with time
limits.
6. Informational signs may be placed under the international "erf' traffic sign to
denote which type of "erf' is present
!
i
These new laws were effective July 16, 1988. In the 12 years
between the first "woonerf' law and the revised version, Dutch traffic engineers were busy with
much more than just woonerven. In addition to the problems identified above, woonerven were
only applicable in a particular type of low-volume street The need to tame traffic was far more
widespread, and many of the techniques used in woonerven could readily be applied to other
residential streets without some of the substantial costs involved in implementing full-scale
woonerven.
"
Two demonstration projects were established in 1977 in residential areas of Eindhoven
and Rijswijk to compare the costs and benefits of a full-blown woonerven with Buchanan-style
one-way street systems. In between was a third trial area: streets with many woonerf style
treattnents such as speed humps, carriageway narrowing and parking management The
woonerven was effective but expensive. The simple traffic diversion method was cheap and
largely ineffectual. In between came what is now known as the 30 km/hr zone (18 mi/hr) where
significant speed and accident reductions could be achieved without the high costs of a
woonerven.
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The Netherlands and their North European neighbors watched the, development of the
woonerf and learned from the shortcomings of the concept The Eindhoven and Rijskwijk
experiments prompted the Dutch to create regulations for 30 km (18 mi/hr) zones such that the
character of the street dictated a maximum speed of 30 kmlhour (18 mi/hr).
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I I As with woonerven, Dutch local authorities greeted this opportunity to calm traffic with
i enthusiasm. Close to two hundred 30 km/hr (18 milhr) zones were created in the first 3 years
! ~ and a series of evaluation studies was set in motion. In one such area in
, s-Hertogenbosch results show:
I · 33 percent reduction in through traffic
' I
I
I · 8S percent of vehIcle speeds between 20 and 30 km/hr (12-18 mi/hr) at speed humps,
II~~ rising to 30 and 3S km/hr (18-21 milhr) between the humps.
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Tolley'~eports this level of success has been repeated in the first 10 studies completed.
Mean speeds hiv~ fallen from 27 to 22 km!Irr (16 to 13 mi/hr) with speed humps (less than 60
meters apart (180 'f~et)) and mini-roundabouts being the most effective measures.21
German traffic , planners and engineers took up the lead from the Dutch and quickly
developed their equivalent of the woonerf: wohnstrasse. The province of North-Rhine Westphalia
asked for neighborhoods to volunteer, and 130 responded. Thirty areas were eventually selected.
Three years later an evaluation reported that injuries had been reduced by 4:4 percent and serious
injuries and deaths by S3 percent 22 '
.
Keeping in step with the Dutch, the Germans then developed their version of the 30
kmIhr (18 mi/hr),or Tempo 30, zone: area-wide traffic calming, or ''verkehrsberuhigung.'' As
with the 30 kmIzones (18 mi/hr), they combined the best features of the woonerven with
Buchanan's concept of environmental areas. The road system remained fully connected-unlike
in Buchanan's model, where road closures, diversions and one-way streets kept unwanted traffic
away-but traffic speeds throughout the system were to be significantly decreased.
Short-cut traffic would be deterred, yet residents could still reach their
ho1Tl8s directly. There would be a more uniform distribution of traffic across
the area and traffic volumes would be brought into line with area jUnctions
and land use policies. The speed reductions would be achieved !Jy applying
at critical areas in the network some of the same sort of [traffic-calming
measuresJ.23
G
The results of Verkehrsberuhigung in Berlin:
Table 1. Injury Accidents per 1000 Children
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Berlin-Charlottenburg 1 1 .2 4.0
(with VB)
Berlin-Moabit 7.6 1 1 .3
(without VB)
Berlin West 8.6 7.1
(Total)
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VB = Verkehrsberuhigung
11 Tolley. Rodney. Chapter 5. Calming Traffic in Residential Areas. Brefi Press. 1990. Wales.
II Citizens Against Route Twenty, Traffic Calming, 1989. Queensland, Aus,
II Tolley, Rodney, Chapter 5. Calming Traffic in Residential Areas, Brefi Press. 1990. Wales,
\
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The importance of reducing traffic speed cannot be overemphasized. While the overall
goals of traffic calming may include environmental improvements, better conditions for bicyclists
and pedestrians, accident reductions, and more space for children to play-the reduction of
vehicle speeds is crucial to each.
When the European Commission surveyed the attitudes of bicyclists in 11 countries, the
strongest and closest agreement came for the statement "Most cars drive too fast.,,24
Cleary details 15 specific speed reducing "techniques" in'the Cyclists' Touring Club's
(Cl'C) excellent guide to traffic calming.
1. Road Humps and Speed Tables
Raising the surface of the road over a short distance, generally to the height of the
adjacent curb. Humps can be round or flat-topped-the latter being known as speed
tables, which can extend over many meters.
2. Chicanes
Physical obstacles or parking bays, staggered on alternate sides of the highway so
that the route for vehicles is tortuous.
3. Traffic Throttles (pinch points)
The narrowing of a two-way road over a short distance to a single lane. Sometimes
these are used in conjunction with a speed table and coincident with a pedestrian
crossing.
4. Curb extension (sidewalk widening)
The sidewalk on one or both sides of the road is extended to reduce the highway to
a single lane or minimum width for two-lane traffic. This reduces crossing distances
and discourages parking close to intersections and crosswalks.
5. Central refuges (medians)
Islands situated in the middle of the road to reduce lane widths and provide a refuge
for pedes!rians and bicyclists crossing major roads.
6. Mini-roundabout (traffic circle)
Small roundabouts situated at an intersection. Some have raised centers, others are
just painted circles on the road.
I
1.4 Commission of the European Communities. Policy and Provision for Cyclists in Europe, 1989, Brussels.
14
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The highway is raised at an intersection, usually by brickwork: ora plateau with a
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surfacing.
8. ' Entry Treaunent Across Intersections
Surface alterations at side road intersections, generally using. brickwork, setts or other
textured surface materials. Level of the road may be r.iised to the level of the
sidewalk.
9. Environmental Road Closure
Road closures, generally in residential streets, designed to remove through traffic or
prevent undesirable turns. '
10. No Entry-with "cycle-slip"
Access to a road is barred in one direction by a No-entry sign. The rest of the road
remains two-way, and bicyclists and pedestrians can pass the No-entry sign.
11. Textured Surface
The use of nonasphalt surface such as setts, brickwork, paving or cobbles to reinforce
the concept of a traffic restricted area.
..
12. Shared Surfaces
The traditional distinction between sidewalk and pavement is removed, leaving
pedestrians, bicyclists and motor vehicles to share a common space.
13. Tortuous Roads
Roads are designed to meander, occasionally quite sharply, reducing the view of any
stretch of "open road" and thereby encouraging lower vehicle speeds.
14. Rumble Strips
Lines of cobbles or other raised surfacing designed to warn drivers of excessive
speed or of the proximity of a hazard area where lower speeds are desirable.
15. Transverse Bands
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Painted lines oriented as transverse bands across the highway at decreasing intervals.
They are intended to give drivers the impression they are traveling with increasing
speed, so they will react and slow down.2S
The ere technical note provides considerably more details, discusses the advantages and
disadvantages of each measure, and addresses ways of ensuring each one benefits bicyclists and
does not make the street more complicated, unsafe, or unattractive.
~
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All of these features are used to some extent in the examples of traffic calming cited in
this report, and there are a number of other good sources of technical information on the design
and implementation of these features.26
One important feature of traffic calming not mentioned by Cleary in the erc guide are,
in fact, special bicycle facilities. In many traffic-calming projects road space is reallocated to
provide bicyclists and pedestrians more and/or dedicated space.
The Germans began to treat the urban street system according to a new kind of hierarchy:
. Arterials and major routes should have a maximum speed of 50 km/hr (33 milhr),
synchronized traffic lights, bike lanes, marked crosswalks, medians and attractive'
sidewalk areas for people to linger.
. Collector/distributor streets should have a maximum speed of 30.km/hr (18 milhr)
with design features-such as narrower lanes, bike lanes, wider sidewalks, speed
tables-to make this limit self-enforcing.
. Residential streets should be woonerf.type streets with carefully managed parking,
very slow speeds (walking pace), chicanes, play areas, speed humps, and
environmental road closures to deter through traffic.
i.!
Adopting an approach dealing with the whole street system has helped avoid some of the
pitfalls of just concentrating on woonerven and residential streets. Accident problems and excess
traffic cannot simply be shunted off to another street. Traffic calming has truly become area-
wide in scope.
In the early 1980's German planners and traffic engineers started to develop Tempo 30
zones: Areas where traffic signs and minimal changes to the infrastructure sought to reduce
traffic speeds. In 1983, a 5-year experiment with Tempo 30 zones prompted work in more than
5,000 areas. In Hamburg, 30-40 percent of the highway system is designated 50 km/hr
(30 milhr) and the remainder is-or will become-Tempo 30 areas (18 mi/hr).
"
II Cleary, Cyclists and Traffic Calming, Cyclists Touring Club, 1991, GodaIming, U,K.
l6 Tolley, Rodney, Calming Traffic in Residential Areas, 1990. Brefi Press. Wales.
16
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As experience grew, however, it became clear that physical changes to the street were
needed to really control vehicle speedS. All of the features listed above have been used in
thousands of areas where traffic calming has been implemented in recent years. Monheim
estimated that in,l987 there were 4,000 traffic-calming areas in North-Rhein Westphalia alone.
A 1989 study puts that figure at 8,147. The province has an ambitious, ongoing program
featuring 126 projects in 94 cities and towns with a total investment level of close to $100
million.27
The Federal Government was anxious to know how these different approaches were
working and in 1981 set up a major research project to study traffic-calming projects in six very
different settings. Communities in one major city (Berlin), three medium sized cities (Mainz,
Ingolstadt and Esslingen), a small town (Buxtehude) and a village (Borgentreich) were selected.
Initial results of the project were very encouraging. Monheim provides an overview:
· Little change in overall traffic volumes.
· Average vehicle speeds fell from 39 km!hr to 20 1cmIhr (25 to 12 milhr).
· Average journey time for motorists increased 33 secondS.
· Fatalities fell by 43.53 percent and injuries by 60 percent The total number of
accidents remained the same.
· Air pollution decreased by between 10 and 50 percent; noise levels fell by 14
decibels; fuel use was cut by as much as 10 percent (depending on driving style and
behavior).
· 67 percent of motorists and 75 percent of residents approved of the changes (an
improvement from 27 percent and 39 percent respe~tively prior to the work.)28
Since then, more specific results have appeared from the different areas involved in the
experiment
Bicycle use has doubled in Buxtehude in the 4 years since the traffic-calming project was
fmished. Bicycle accidents have also risen-but primarily noninjury accidents.29
, 77 Whilelegg, John, 'The Principle of Environmental Traffic Managemen~" The Greening of Urban Transport,
Belhaven Press, 1990, London. \...
2J Citizens Against Route Twenty. Traffic Calming, 1989, Queensland, Aus.
19 Doldissen and Draeger. "Environmental Traffic Management Slr.Itegies," The Greening of Urban Transport.
Belhaven Press, 1990. London.
17
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Traffic Calming, Auto.Restricted Zones and Other Traffic ,Management Techniques
In addition, the proportion of bicyclists considered to be "at fault" in any accident fell
from 45 percent to 35 percent 3G
Overall, serious traffic related injuries in Buxtehude fell by two-thirds and light injuries
by one-third. There were no pedestrian injuries reported in the after-study period.
In the Berlin-Moabit area, bicycle use increased by 50 percent31
There were significant accident reductions for most categories of road user:
. 57 percent reduction in fatal accidents.
. 4S percent reduction in severe accidents.
. 40 percent reduction in slight injuries.
. 43 percent reduction in pedestrian accidents.
. 16 percent reduction in cyclist accidents. ',.1
,I
. 16 percent reduction in traffic crash costs.
. 66 percent reduction in child accidents. .'
In addition, street activity in the Moabit area reportedly increased by as much as 60
percent 32
These results represent a considerable success. The original goals of the traffic-calming
research project were to prioritize walking, bicycling, and public transport use, improve traffic
safety for all users, and improve the overall quality of life and environment in the affected areas.
The measures employed have achieved this.
I.!
Other studies of traffic calming, both in Germany and elsewhere,bear this out Hass-Klau
reports on successful traffic-calming projects in Heidelberg and Hamburg. In Heidelberg there
was a 31 percent fall in accidents and a 44 percent decrease in injuries. In Hamburg, over 260
Tempo 30 zones were installed, resulting in a 23 percent reduction in casualties. Hass-Klau also
reports that in some Tempo 30, areas vehicle standing times decreased 15 percent, gear changing
fell by 12 percent, use of brakes by 14 percent and gasoline consumption by 12 percent33
30 Commission of lhe European Communities. Policy and Provision for Cyclists in Europe, 1989, Brussels.
]1 Ibid.
II Tolley, Rodney, Calming Traffic in Residential Areas, 1990, Breli Press, Wales.
']J Hass Klau, An Illustrated Guide to Traffic Calming, Friends of the Earth, 1990, London.
18
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4. Traffic Calming in Denmark
The Danish city of Odense has, for the last 10 years, been developing a "Safe Routes to
School" project, concentrating traffic-calming efforts on areas close to schools and on popular
school routes. Seven major slow-speed areas have been developed using a miX of the techniques
listed above-and the results have been remarkable. Average vehicle speeds have fallen from
50-55 kmIhr to just 20-25 km/hr (!lpprox. 30 milhr to 13 mi/hr) and truck traffic has all but
disappeared. Accidents have been reduced by 85 percent-down from 9.65 per annum to just
1.5 per annum.34 \
5. Traffic Calming in Japan
The Japanese have also experimented with woonerven and traffic calming in recent years.
The first "community street" was installed in Nagaike-cho, a suburb of Osaka, based on the
woonerf design in 1980. Pedestriarttraffic in the street increased by 5 percent, bicycle traffic
rose by 54 percent and car traffic entering the street fell by 40 percent Average vehicle speeds
were as low as 5 kmIhr (3 miIhr), with a maximum speed observed of 8 lcmIhr (5 milhr). Over
90 percent of residents highly praised the community street
In 1984, the Japanese moved on to.area-wide traffic calming with the "Road-Pia"
concept-an area where pedestrians and residents have safety and comfort secured for them. The
principle was tested in the Koraku section of Minato-ku, Nagoya, with before and after studies
revealing:
.
Overall vehicle traffic volumes decreased, particularly on the community streets.
.
Vehicular traffic coming into the area decreased.
.
Pedestrian and bicycle traffic volumes rose along most routes.
.
Average vehicle speeds fell by 3.5 krnJhr (2 milhr), with a much greater fall in the
maximum speed of cars.
· Parked cars became less intrusive.
· Traffic accidents fell from 32 in the 4 years prior to the project to just two in the
first 2 years following implementation.3s
,
)4 Nielsen, "Safe Routes to School in Odense," The Greening of Urban Transpon, 1990, Belhaven Press, London.
II "The Wheel Extended," Toyota Quanerly Review, Vol. 73. Tokyo, Japan. \
19
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Traffic Calming, Auto.Restricted Zones and Other Traffic Management Techniques
6. Other Traffic-Reduction Strategies
The three philosophies of pedestrianization, woonerven, and verkehrsberuhigung have
dominated urban traffic management for the last 30 years in Europe. However, they are far from
the only innovative and successful transportation initiatives that have taken place during this
time.
Traffic Cells
Traffic chaos during the 1969 Christmas season was, apparently, the inspiration for the
city of Gothenburg in Sweden to restrain traffic for the economic survival of the city. The
downtown area of the city was divided into five "cells" and cars were prevented from crossiri'g'
the boundaries between these cells~ Instead, to move from one to another drivers have to return
to an inner ring-road and circle around to the entrance to the next cell. Public transport vehicles,
bicycles and pedestrians are allowed to cross the cell boundaries.
In addition to the traffic cells, public transport was improved, parking spaces w~te
reduced and made more expensive and an extensive public information system was put in place.
The combination of measures worked well with results including:
I,
· 45 percent reduction in traffic entering the central area between 1970 and 1982.36
· 50 percent reduction in injury accidents inside the ring road and a 25 percent cut on
the ring-road in the first 5 years. This freed up 20-30 policemen for other work.
· 8 percent increase in transit ridership, 1970-75. '
· Increase in travel speeds on the ring-road from 16 to 23 kmIhr (10 to
14 mi/hr)-reduced radial traffic meant longer green times for the orbital route.
· A markedly improved environment for people living, working or walking in the
central district Noise levels fell from 74 to 67 decibels and carbon monoxide from
65 to 5 parts per million in the traffic. free area. 37 .
The Dutch city of Groningen introduced a similar traffic circulation plan in 1977 and
achieved a 44 percent reduction in the number of cars and vans in the central area in the first
l6 Malhew, D., "Calming Ihe TraClic-Exciting the Cyclis~" CycletiJuring and Campaigning, FeblMarch, 1989,
Godalming.
31 "Center City Environment and Transponation: Transponation Innovations in Five European Cities," United
Slates Department of Transportation, 1980, Washington, ,D.C.
20
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J
year. Bus travel rose 12 percent and bicycling and Walking increased substantially. Bicycle use
in Groningen is now well over 50 percent of all tripS.38
In each of these cities, cars can still reach all parts of the city center-if they need to.
For most people it makes more sense and is more convenient to go by some other means. Once
in the center, the absence of traffic has made the shopping and : working environment very
attractive.
Italian Auto-free Zones
Motor vehicle traffic in many Italian cities has become unbearable for residents and
visitors alike in the last decade. The impact of traffic accidents, congestion and extremely
destructive air pollution has prompted a number of cities to close off large downtown areas to
all but essential traffic-Leo noncommuters and those with a fmal destination in the downtown
such as residents and merchants.
Both Florence and Milan introduced such measures, usually involving complete closure
of the central area to all but those with permits, after citizen referenda confirmed popular support
for them. Even the chaotic Milan experiment cut motor vehicle travel to the central area by
half.39
The most successful of the Italian cities to introduce this kind of area-wide traffic restraint
is Bologna. Under a slogan of "A City for Living" authorities have tightened access restrictions
to streets in the historic central district while improving bus, trolley, and metro services.
Many other cities in Europe have taken quite remarkable steps to reduce the impact of cars in
their central areas. For example:
· The city of Freiburg, Germany (pop. 175,000) has 5 kms ,(3 miles) of pedestrianized
streets, 125 kms (78 miles) of quiet traffic-calmed streets, 135 kms (84 miles) of
bike paths and an efficient tram and bus system. Bicycle use doubled between 1976
and 1986 and with the introduction of a cheap, integrated transit pass, transit use rose
20 percent and 18 percent of car users switched to transit. 40 "
I,;
\.
l! Clarke, A., Bicycles Bulle/in, July-December 1987, Friends of the Earth, London.
J9 Roberts;jobn, "Traffic Calming," Pro Bike '90 Proceedings. Bicycle Federatio.n of America, Washington, D.C.
.0 Roberts, J.. and Monheim. H.. "The Economic Case for Green Modes" and 'The Evolution and Impact of
Pedestrian Areas in the Federal Republic of Gennany." The Greening of Urban TrlJ1lSfJon. Belhaven Press. 1990,
U.K.
21
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. In 1989, the Mayor of Paris (pop. 2.3 million) announced plans to ban on-street
parking from 200 miles of central city streets-dose to 100,000 spaces-and to use
the additional space for transit lanes and pedestrian facilities!l
. Residents of Amsterdam, Netherlands voted by a narrow majority in 1992 to severely
restrict car access to the central area and to reduce the number of car parking spaces
by half.
Traffic Calming Through Roads
In addition to causing problems in large urban areas, motor vehicle traffic, especially
through traffic, is ;l significant problem in many small towns and villages sitting astride major
roads. For decades the solution to this problem has been to build costly by-passes around the
affected area. In Denmark and France, however, traffic engineers and planners have successfully
adapted the principles of traffic calming to major routes.
As with traffic calming in residential streets, a key objective is the reduction of vehicle
speeds. Once again, the results are quite impressive.
~'
.
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. France: "A general speed reduction in a number of such small towns has been 0
observed to be between 10 and 20 km/hr (7-13 mi/hr). So the average speed and
especially excessively high speeds have been decreased, while free-flowing traffic
conditions have been preserved at moderated speeds, In most cases, capacity and
average travel time were maintained in these small towns."
19~o
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. The average number of accidents dropped by over 60 percent in the 10 towns
studied.
. Denmark: A general speed reduction of between 8 and 10 km/hr (5-6 mi/hr) was
achieved. Both the total number of accidents and injury accidents were reduced in
the three experimental towns by 50 percen~ and the number of injuries by one third.
Estimates suggest that a traffic-calmed street costs 10 percent more than regular
reconstruction of a street and three to four times less than a by-pass. In addition, maintenance
costs on the by-pass are likely to be 50-70 percent greater than on the reconstructed through
road!2
Bracher reports on the impact of these projects on bicyclists. In Vinderup, Denmark the
speed limit was lowered to 40 km/hr and cycle paths were constructed along the road. Seventy-
five percent of bicyclists said they felt safe riding on the street after the changes, compared to
41 "Paris Pushes out the MotorislS," Manchester Guardian, October 22, 1989.
42 Djwbuus, ''Through Traffic in Small TOwns," PennaneTllITllemational Association of Road Congresses, 1991,
Paris.
22
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just 17 percent before. In addition, 54 percent felt it had become easier to cross the road,
compared to 9 percent previously.43
In another Danish town, Skaerbaek, cyclepaths were also included in a package of
measures to reduce the speed of through traffic on the main road. Car speeds fell from 58 to 51
km/hr (3~ to 31 milhr) small truck speeds fell from 60 to 49 km/hr (37.5 to 30 miIhr) and large
trucks from 55 to 46 km/hr '(34 to 28.5 miIhr). A total of 68 percent of people fmd it easier to
move around town, including the majority of car drivers.
Although bicyclists actually now take longer to get across the main road, they approve
of the measures. Almost half (47 percent) actually think it is easier for bicyclists to cross the
road and 17 percent say it is more difficult Only 6 percent (compared to 38 percent previously)
are impeded by parked cars and 90 percent(compared to 37 percent) feel safe as bicyclists.+!
7. Summary
Controlling and managing traffic has been the challenge of traffic engineers and planners
throughout Europe for the last 30 years. The fact that Germany, the Netherlands, Denmark, and
Scandinavian countries were first to grapple with the issue reflects the higher levels of car 0
, ownership and use experienced in those countries. As these levels have risen in other countries,
so they too have had to rise to the challenge and determine how to manage cars in cities.
Five key themes have emergeb. First and foremost has been the acceptance that cars must
have a limited place in the life of citieS-and this is often contrasted with the experience of cities
in the United States, where the car has been accommodated at all costS;
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should have speed limits of 50 km/hr (31 milhr) with priority given to public transport and
dedicated space given over to pedestrians and bicyclists. On collector and distributor roads,
speeds should be limited to 30 kmIhr (18 milhr) and speed reducing designs such as speed tables,
crosswalks, bike lanes, sidewalks, and controlled parking methods should be utilized. Pedestrian
areas, woonerven and very low speed routes complete the hierarchy in purely residential low-
volume streets and shopping streets.
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Third, this reflects a new paradigm: pede~trians, bicyclists and public transport are
prioritized. Motor vehicles are the least desirable means of transport for most journeys in urban
areas and should be discouraged at the expense of these other alternatives.
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Fourth, all the modes, together with land.use planning are completely inter-coMected and
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Traffic Calming, Auto.Restricted Zones and Other Traffic Management Techniques
will have limited overall irnpaclS-a combination of measures is required to reduce the impact
of motor vehicles in particular and transport in general.
Finally, the spirit of innovation is alive and well in the planning and engineering'
disciplineS in Europe. Coupled with a willingness to involve the public in the process of
determining the future shape of their neighborhoods, this willingness to experiment has been quite
remarkable.
24
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III. Traffic Calming in the United States
Adverse effects of motor vehicle traffic on the grid pattern emerged in the United States
in the 1920's, but little was done to alleviate the problem. Although suburban curvilinear streets
were developed to reduce these impacts. It was in the 1940's and 1950's when the first diverters
and cul-de-sacs were installed to protect neighborhoods in Montclair, New Jersey, and Grand
Rapids, Michigan.4s
Early traffic calming focused on improving specific locations. Over time, a shift in
neighborhood traffic management occurred: instead of reacting to community concerns, local
governments moved to be more proactive. Today there is less concern with improving single
locations, but more emphasis on traffic calming as a neighborhood transportation problem that
needs to be evaluated on an area-wide basis. NoW, a variety of techniques are being
implemented and refmed.
Types of United States Traffic-Calming Techniques
Traffic-calming devices of various types have been installed in many parts of the United
States. The most active jurisdictions appear to be cities on the west coast
United States traffic-calming techniques can be classified into three main types: residential
treatments, pedestrian zones, and arterial treatmentS.
Traffic calming can have different effects on bicyclists and pedestrians depending on how
they interact with the device. One group-those who live or work in an area that has received
some type of traffic calming-is most directly affected by the traffic calming. The other group
most likely to be affected by traffic calming are the bicyclists and pedestrians who pass through
a traffic-calmed area.
Traditionally, the traffic-calming target group has been those people who live in the area
where a traffic-calming device has been installed. However, popular contention, is that traffic.
calmed areas can also serve as places for people to walk or bike. As a result th~s group must
also be considered.
<I Smith, Daniel T.. and Appleyard. Donald. Slate of the An: Residential Traffic Management. FHW A No.
FHWA/RD.80/092. December 1980.
25
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The following 10 topics are a sample cross-section of the United States experience with
traffic calming. For those looking for more information on the range, planning process, design,
and implementation of traffic-calming techniques, in '1980 the Federal Highway Administration
has 'published a document titled "State of the Art: Residential Traffic Management." Report
Number FHW NRD.80/092:'
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FHWA Case Study No. 19
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The installation of speed humps has been difficult in the United i States. Many traffic
engIneers-and the municipalities for which they ~ork-aren't anxious to install any type of
traffic control device that isn't in the Manual on Uniforn Traffic Control Devices (MUTCD).
Many localities have been reluctant io install speed humps because they are concerned about the
possibility of liability, potential loss of vehicle control, potential vehicle damage, traffic diversion
to other streets, increased emergency vehicle response time, bicycle safety and other reasons46.
However, the Institute of Transportation Engineers-after examining the pros and cons of speed
humps-has developed a set of guidelines for the design and application of speed humps"7 In
some cases, municipalities have experimented with designs and placement as a way to overcome
apprehension about the installations of speed humps.
Seminole County, Florida, has found speed humps to be beneficial in controlling
neighborhood traffic problems. Prior to the insllination of speed humps, they consulted with the
county attorney's office. The county attorney felt the "action (to build speed humps) must be
based on ideas that the action be reasonable and responsible and in accordance with standards
of care and common sense.'148
Seminole County has also experimented with the traditional design of the speed bump,
Instead of installing a traditional hump, the design they used is similar to a European speed table.
Their design consists of a segment of a circle with an approximate radius of 72 feet followed by
a 3-inch-high, IO-feet-long raised section and a similar arc on the opposite end. Seminole
County speed bumps are very popular with residents in, the neighborhoods where they are
installed.49
I '
o
!
The city of Bellevue, Washington experimented with speed humps by installing a total
of fourteen humps in five different residential neighborhoods. The streets had become cut-
through routes for motor vehicles, and the residents of these streets were looking for a solution
to restore quality of life and improve safety in their neighborhoods.
I
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The speed humps installed in Bellevue are similar to humps developed in Thousands
Oaks, California. They are 12 feet wide and 3 inches high at the center. This design allows for
little or no discomfort at speeds of 15-25 mph, but will cause discomfort at higher speeds. In
46 I1E Technical Council Committee 5B.15, "Road Bumps-Appropriate for Use on Public Streets?" Institute
of Transponation Engineers Journal, Vol. 18, November 1986.
41 Recommended Guidelinesfor the Design and Application of Speed Humps-Proposed Recommended Practice,
Institute of Transponation Engineers Special Task Force, March 9, 1990.;'
,
(
.,
41, Nicodemus, David A., "Safe and Effective Roadway Humps: The Seminole County Profile." Seminole County
Traffic Engineering Division.
49 "New Road Hump Designs Shows Continued Success in Reducing Speeds." TIle Urban Transportation
Monilor. November 8, 1991. p. 4.
27
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Traffic Calming, Auto-Restricted Zones and Other Traffic Management Techniques,
order to clearly mark the speed humps and distinguish them from crosswalks, Bellevue developed
a unique marking system. The markings also draw motorists' attention to their driving lane.
White reflectors were used to provide night time visibility.
Figure 3 shows the speed hump marking and signing technique used by the City of
Bellevue.
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The installation of speed humps produced both positive and negative results. The most
positive result was the reduction in speeds. A majority of residents felt the humps were effective
and supported their permanent retention. Traffic volumes were reduced on the treated streets
where nearby arterial streets could handle additional traffic. The city was also pleased because
the positive reaction to the installation of the speed humps created a high degree of public
support and enhanced the relationship between the city and its residents.
Table 2 provides geometric, before and after speed and vehicle per day data (VPD).
28
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Table 2. Bellewe Speed Humps Findings
Before: After:
STREET
LOCATION TYPE! 'OF HUMP, SPEED
WIDTH HUMPS SPACING LIMIT 85TH 85TH
% VPD 'Y. VPD
SPEED SPEED
Somerset Two.way, 40 feet 2 340' 25 mph 39 mph 795 27 mph 541 (VPD
Drive SE wide local increased to
residential 746 when the
neighborhood hump was
street reduced from
3ft: to 3')
Highland Two.way, 35 feet 3 220' 25 mph 36 mph 1,700 25 mph No change
Drive SE wide neighbor. because no
hood collector attemative
route exists
166thl Two-way. 36 feet 2 600' 25 mph 37 mph 655 24 mph .017
162nd wide local
Avenue SE residential
street;
walk to school 25 mph 37 mph 27 mph
route 2 580' 472 .017
SE 63rd Two.way, 35 feel 2 1,000' 25 mph 36 mph 2,456 27 mph 2,802
Street wide local
residential street '
temporari~
serving as a
connection 3 500'
between two
minor arterials
Ysrrow Bay Primari~ a 2 400 39 mph 3,685 25 mph 2,931
neighbor. neighborhood
hood connector 1,641 1,653
1
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Three negative issues were raised:
. The Bellevue Fire Department was concerned about the possibility of increasing
emergency response time. They requested that speed humps not be installed on
primary emergency access routes.
. Residen!S were also unhappy with the signing and pavement markings for the humps.
They felt this made the speed humps unattractive. However, they felt the reduction
in speeds was more than enough compensation for the appearance of the humps.
. The final issue was that the speed humps created a localized effect on motor vehicle
speeds. The amount of space between speed humps affected vehicle speeds. The
greater the distance between the humps the less effect there was on traffic speeds. ,
The city of BeIIevue found that the maximum spacing between speed humps should
be approximately 500 feet The long term effectiveness of speed humps was
questioned because of the tendency for motor vehicle speeds to creep upwards over
time and between the humps.
The Bellevue Department of Public Works concluded that speed humps were an effective
way to control speed on residential streets and recommended their continued use. However, the
installation of speed humps occurs only after other less restrictive. more passive measures have ~
been tried. so \
2. Traffic Circles (Mini. Roundabouts)
In Washington, the Seattle Engineering Department '(SED) has gained a national'
reputation for its responsive and innovative neighborhood traffic control program. Since the
1960' s, Seattle has experimented with many types of neighborhood traffic control devices
including signing, channelization, diverters, curb extensions, cul-de-sacs, chicanes, and traffic
circles.
I.!.
The SED also has a program that loans radar guns to community groups to check speeds
on their streets. The license plates of speeding vehicles are recorded and the owner is sent a
letter explaining the problem of speeding on local streets. Often it is local residents who are
speeding in their own neighborhood.
The major emphasis of the SED Neighborhood Traffic Control Program is installing
traffic circles at residential street intersections. According to Jim MundeII, SED Neighborhood
Traffic control Program, about 30 circles are built each year, a total of approximately 400 circles
50 "BeUevue's Experience wilh Speed Humps as a Speed Control Device." Department of Public Wolles and
Utilities. City of BeUevue. Washington. September 1989.
30
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FHWA Case Study No. 19
have been installed throughout residential areas in the city. Each circle costs about $5,000 to '
$6,000.
In Seattle, a traffic. circle is an island built in the middle of a residential street
intersection. Each circle is custom fitted to the intersection geometrics; every circle is designed
to allow a single unit truck to maneuver around the circle without running over it A two-foot
concrete apron is built around the outside edge of the circle to accommodate larger trucks. Large
trucks, when maneuvering around the circle, may run over the apron. The interior section of the
circle is usually landscaped.
The SED coordinates the design and construction of each circle with the Seattle Fire
Department and school bus companies.
Traffic circles are installed at the request of citizens and community groups. Because
there are more requests than funding to build them, SED has created a system for evaluating and
ranking the requests. Before a request can be evaluated, a petition requesting a circle must be
signed by 60 percent of the residents within a one block radius of the proposed location. Then
the intersection's collision history, traffic volume, and speeds are studied.51
Traffic circles have become very popular in Seattle because they reduce motor vehicle
speeds and the number of collisions at the intersections where they are installed. In a study of
traffic accidents at 14 problem intersections, the total number of collisions dropped from 51.6 to
2.2 after the installation of the circle. Accidents within a one block radius also decreased, from
101 to 33.
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In another study of traffic circle intersections, fifteen intersections were studied for the
same period of time before and after the construction of a circle. There was an average reduction
from 1.94 to 0.18 collisions per year per location. Total collisions dropped from 33 to 3 per
year. The decrease in collision rates is believed to be due to increased reaction time because of
a reduction in motor vehicle speeds. 52
,I,!
3. Chicanes
The Seattle Engineering Department has also experimented with chicanes as a
neighborhood traffic control device. Chicanes are barriers placed in the street that require drivers
to slow down and drive around them. .!
\
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SED has found that the installation of chicanes are an effectiveimeans of reducing speed
and traffic volumes at specific locations under specific circumstances. In an evaluation of a
,
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II Conversation with Juj'; Mundell, Neighborhood Traffic Engineer, Seattle Engineering DepartmenL
II Dare, James W., and Schoneman, Noel F., P.E,. "Seattle's Neighborhood Traffic Control Program," [nsri/ute
of Transpona/ion Engineers. February 1982.
31
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demonstration project, two sets of chicanes were installed and found to be very effective in
reducing the volume of traffic on the street There was little increase in traffic on adjaceIit
residential streets. The reduced volume and congestion caused by the chicane also helped to
reduce motor vehicle speeds and collisions. However, the speeds between the two sets of."
chicanes were not significantly changed:' "
, , ,
In a survey of neighborhood residents, 79 percent of the respondents felt the chicanes
were either very effective or somewhat effective in slowing traffic; S3 percent of the residents
felt there was a considerable or slight decrease in the number of vehicles using the street; and
64 percent of the residents felt the chicanes made the street safer. When questioned, 68 percent
" ! of the residents supported permanent retention of the chicanes.53
4. Bicycle Boulevard
The city of Palo Alto, California, has moved beyond spot traffic-calming treatments and
, created a priority street for bicycles. The purpose of a bicycle boulevard is to provide a
throughway where bicyclists have precedence over automobiles, a direct route th~t reduces travel
time for bicyclists, a safe travel route that reduces conflicts between bicyclists and motor
vehicles, and a facility that promotes and facilitates the use of bicycles as an alternative
transportation mode for all purposes of travel. S4
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The Palo Alto bicycle boulevard is a 2.mile stretch of Bryant Sti'eet-a residential street \
that runs parallel to a busy collector lIlteriaJ. It was created in 1982, when barriers were fitted
to restrict or prohibit through motor vehicle traffic but allow' through bicycle traffic. In addition,
a number of stop signs along the boulevard were removed. An evaluation after 6 months showed
a reduction in the amount of motor vehicle traffic, a nearly two-fold increase in bicycle traffic,
and a slight reduction in bicycle traffic on nearby streets. 55
The city also' found anticipated problems failed to materialize and concluded that a
predominately stop-free bikeway-on less traveled residential streets--can be an attractive and
effective route for bicyclists. The bicycle boulevard bicycle traffic increased to amounts similar
to those found on other established bike routes.56
i I.
lJ NE 70th Street Chicane Evaluation. Seattle Engineering Departmen~ Transportation Division, September 1988
(Unpublished Repon).
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54 Bryant Street Bicycle Boulevard Extension Report, prepared by the Transportation Division, City of Palo AlIO,
September 1991.
55 fletcher, Ellen, "Palo AlIO Bicycle Facilities," Bicycle Forum, Vol. 24, SummerlFal11989.
56 Likens, Gayle, "Bicycle Boulevard Demonsttation Study-Evaluation," Transporta1ion Division, City of Palo
Alto Staff Report, December 9, 1982.
32
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The bicycle boulevard continues to function as a normal local city street, providing access
to residences, on-street parking, and unrestricted local travel. The city redeived complaints about
the visual appearance of the initial street closure barriers (since upgraded with landscaping) but
is unaware of any other serious concerns of nearby residents.57 ..
Plans for the extension of the bicycle boulevard through,downtown Palo Alto were
approved by the city council in the summer of 1992. Included in this extension was the
installation of a traffic signal to help bicyclists cross a busy arterial.,
..
S. Channelization Changes
The Seattle Engineering Department is changing some of its streets from four lanes to two
lanes with a center left turn lane. These channelization changes often provide extra room for
bicycle lanes or a wide lane for cars and bikes to share.
Numerous comments from users of some of those streets say motor vehicle speeds seem
to have decreased. One street in particular, Dexter Avenue North, is a popular commuting route
to downtown Seattle for bicyclists. Traffic counts on the street show bicyclists make up about
10 to 15 percent of the traffic at certain times during the day. The rechannelization has little or
no effect on capacity, reduces overtaking accidents, and makes it easier for pedestrians to cross
the street (by providing a refuge in the center of the road). "
Figure 4 shows a typical two-way center left turn conversion that provides extra space
for bicyclists.
CawnIal58' Itl9dMIy aIIrrinalIcn rI ona lnrIeIilnt n lllld1 rIt8dlon a-.1lplICI1a' bIcydIsIL
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17 BryalU Street Bicycle Boulevard Extension Repon, prepared by the Transportation Division City of Palo AlIO,
September 1991.
33
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On some streets, citizen groups have requested elimination of the Two-Way Center Left-
Tum Lane (TWCLTL) to build a planted median. Such a treatment was done in the spring of
1992 with the approval of 60 percent of the residents along the street The goal of the project
is to reduce speed$, provide space for bicyclists, and provide space for tree planting. No
evaluation of the effects of the median on speed has been done yet
6.
Slow Streets
....
Berkeley, California's slow street is the United States best adaptation of the Dutch
woonerf concept According to Chuck DeLeuw, Berkeley Department of Public Works, the idea
behind the slow street is to slow and divert motor vehicle traffic, provide space for pedestrians
and bicyclists, and create more of a neighborhood feel.
The Berkeley slow street is six blocks long. Originally the street was classified as a'.
collector street carrying between 4,000 and 6,000 vehicles per day. It h~ a combination of'
commercial and residential uses~- '
To create the slow street, the Berkeley Department of Public Works combined speed
humps, shifting travel lanes, and channelization pattel11S}. Preliminary fmdings, indicate a
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reduction m motor vehicle speeds and a diversion of traffic to adjacent arterial streets. Bicycle
traffic along the slow street appears to have increased. However, the diverted traffic has made
residents living on adjacent streets unhappy.
\"
While speed hump installations have been widely identified as a key to making the slow
street concept work, the Berkeley bicycle community was reluctant to fully endorse the idea of
speed humps. Some of that reluctance may be due to the speed humps' formidable appearance,
but there is no documented adverse affect to bicyclists crossing the hump.s8
Berkeley also presented a stop sign placement strategy as part of the initial planning for
the slow street It was abandoned in the face of opposition from bicycle and community groups.
The Seattle Engineering Department has also experimented with woonerfs. The most
successful installation was in a new large- scale housing development Dead end streets were
given typical European woonerf treatments: neckdowns (curb extensions), street pavement and
sidewalks are at the same level, motor vehicle parking areas are clearly distinguished, and signs
have been placed to identify the areas as a woonerf and a slow speed area.
II Conversation with GlUck DeLeuw, Traffic Engineer, Berkeley Department of Public Works.
.t., ,
,
34
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7.
Transit Street and Pedestrian Zones
, , ,
The 16th Street Mall in Denver, Colorado is a successful blending of transit and
pedestrian improvements, according to Bill Jorgensen, Deputy Director of Planning and
Development. Regional Transportation DistricL While the original goal of the project was to
improve transit service to downtown Denver, the mall has become an attractive area for
pedestrians.
The mall is a 13 block-long shuttle system that operates between two regional bus
intercept stations. It was designed to relieve bus congestion by removing busses from downtown
streets.59 '
, '
,
Two regional bus stations, situated at either end of the mall, serve all bus trips into the
downtown are:L From there, connections. to destinations along the mall can be made via a
"horizontal elevator." The horizontal elevators are 100-person capacity diesel busses.
"
Motor vehicle traffic has been restricted, although deliveries to businesses and access to
parking garages is still allowed. The street and sidewalks along the mall are made of granite
pavers. There is no difference in color of the granite to denote the change from sidewalk to
street. although there is a curb.
10'
Land use surrounding the mall is a mix of retail, commercial, and office developments;
as a result pedestrian amenities were included in the development of the mall. Sidewalks 10-16
feet wide were builL In addition, the street was built to be nonlinear: the roadway shifts from
side to side along' different blocks of the mall. The extra width of the sidewalks and the shifting
street have created space for sidewalk cafes and landscaping. Open and green space is rare in
downtown Denver and found primarily along the mall, which helps attract pedestrians to the area.
Although conflicts have developed between pedestrians and busses along the mall, one
of the reasons the conflicts have occurred is that ridership on the mall shuttle is higher than was
expected, and the mall has become the primary pedestrian activity center in downtown Denver.60
'',I.,
',t.
,There is no history of bicycle and pedestrian conflicts along the mall. Bicyclists are
prohibited from using the street; it is reserved for busses only. Bicyclis~ are allowed to use the
sidewalk along the mall, but are required to walk their bikes.
\
\
,
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59 Zehnpfennig. Gary, "Denver's 16th Slreel Mall," TransiJ, Land Use & Urban Form. pp. 127.134.
60 Ibid.
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8. Signing Teclmiques
Many communities use some type of signing to discourage traffic in residential areas.
Unfortunately, signs like "RESIDENTIAL STREET' "NO THROUGH TRAFFIC" or "LOCAL
ACCESS ONLY" become beacons to mark routes for cut-through traffic.
According to Jim Stahnkey, the city of Saint Paul, Minnesota, has installed a "basket'
weave" stop sign pattern to manage neighborhood traffic;'especially traffic that was avoidin'g
arterials by cutting through residential neighborhoods. 'Stop signs are placed at every other
intersection in most of the city's residential neighborhoods. Placement of the signs is based on
engineering judgement.
The majority of the city's residential neighborhoods have now been controlled with the
basket weave stop sign pattern. Installation of the signs began in the 1970's in the Summit-
University neighborhood.
The pattern is installed on a systematic basis on local neighborhood access streets only;
the basket weave pattern isn't placed on arterial or collector streets.'
St. Paul has found the basket weave pattern effective in reducing right angle accidents at
residential intersections. Overall accident rates at these' intersections have also been reduced.
However, there has been no reduction in speed or change in the volume of traffic on the~
streets. In other traffic-calming applications a reduction in speed or number of motor vehicles
have been identified as keys to improving conditions for pedestrians and bicyclis'ts.
The city feels that stop sign compliance remains high, even in the neighborhoods that
were signed in the 1970's. There has been a positive reaction from neighborhood residents. The
only complaint has been about an increase in noise from motor vehicles stopping and starting.
Figure 5 on the next page shows a basket weave stop sign pattern.
A serious drawback is lack of compliance by bicyclists. The city representative felt that
bicyclists weren't likely to stop at the basket weave stop sign pattern or other types of traffic
control.
9.
Traffic Diverters
Traffic diverrers, curb extensions, cul-de-sacs. and neckdowns are used to discourage cut.'
through traffic in residential areas. Curb extensions and neckdowns are used at entrances to.
neighborhoods to discourage motor vehicle traffic from entering. Traffic diverrers and cuI. de.
sacs are placed to prevent through traffic.
Eugene, Oregon has used both diagonal diverters and curb extensions and has received positive
community response. Although the city has little data on the results of installation of the
36
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FHWA Case Study No. 19
(MaNS point in direction that the signs face. Motor vehicles must stop ~ery other block.)
Figure 5. Basket Weave Stop Sign Pattern
diverters and extensions, there is support for them from the nearby residents. Eugene installs
their traffic-calming devices on a temporary basis and seeks reaction from the neighborhoods
before making the installation permanent ' '
The city installs curb extensions at entrances to neighborhood areas, usually where a
residential street intersects an' arterial. The curb extension is placed to prevent; motor vehicle
traffic from cutting through, the neighborhood. The curb extension will also be signed as either
a neighborhood entrance" or exit Most of the length of the street remains a two-way street, but
37
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one end becomes a OI~e-way street Compliance by motor vehicles is mostly good. Bikes are
allowed to travel both ways at all the curb extensions.
Diane Bishop, city of Eugene bicycle coordinator, said the city also installs two typeS of
diagonal diverteIS at residential intersections. Some are landscaped, while others are just guard
rails. Both types have openings "for bikes.\ The diagonal diverters also enjoy the support of
nearby residents.
Seattle, Washington has also installed curb extensions and diverteIS, created cul-de-sacs,
and built truncated diagonal diverters. The truncated diverter allows a right turn movement
around one end of the diverter; the SED has found these types of traffic-calming devices to be
the most disruptive to normal neighborhood traffic.
While there is no argument to their effectiveness in reducing cut-through traffic, these
types of diverteIS do create problems for neighborhood motor vehicle traffic:
· Travel time and distance for all users are increased.
· Local residents are diverted to other streets, visitors and delivery services are
confused and delayed.
· Emergency vehicle response can be delayed.61
Consequently, Seattle has focused on installing traffic circles to control neighborhood
traffic control problems.
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10. Corner Radii Treatments
Very simple solutions can produce almost the same results as more traditional traffic-
calming techniques.
.:
One example of a such a treatment is the reduction in comer radii at intersections. Efforts
to accommodate larger trucks in cities have decreased safety for pedestrians and allowed for
higher speeds for other vehicles. Increasing the radius of corners allows larger trucks to turn
more easily. However. it can increase the crossing distance a pedestrian has to negotiate at an
intersection by approximately 4 feet or more, depending on the radius. Larger radii allow smaller
motor vehicles to turn the comer at a faster speed. Because of their higher speeds, motor vehicle
drivers are less likely and have less time to be checking for pedestrians.
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The street corner radii is a small but important detail to keep in mind on high-pedestrian
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environment is being created. Reducing the corner radii can also be an effective way to reduce
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IV. Practical and Policy Implications
1. The goals for traffic calming must be clear.
Traffic calming is much more than just a traffic safety program. The British Department
of Transport carried out an "Urban Safety Project" in five cities in the latter half of the 1980's
and concluded that the comprehensive redesign of streets cannot be justified solely on the
grounds of improved traffic safety.
"The objectives underlying the programs of road design in the Netherlands, West
Gennany, Denmark, and France are all wider than simply reduced accident risk. In most cases
the initiative started with concern about the quality of the environment in residential areas. The
proportion of accidents occurring on local access streets is small (about 20 percent), and even
if large proportionate reductions in accident numbers can be achieved does not, in safety tenns (j)
alone, justify comprehensive treatment of such streets.'>62
While safety is an important element of traffic calming, the improvement of the residential
(or shopping) environment is also a vital goal. According to Hass Klau, traffic calming has three
main objectives:
· to reduce the severity and the number of accidents,in built up areas,
· to reduce air and noise pollution,
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· to improve the urban street environment for nonmotor users and to reduce the
car's dominance in ways that vary according to the street type.63
Tolley lists 23 advantages of traffic calming in residential areas and Citizens Against
Route Twenty (CART) provide details of 11 specific results that have been identified from traffic
calming. Both lists include fewer accidents, less pollution, noise and congestion, increased
bicycling and walking, increased vitality of life and reduced speeds of vehicles.64. 6S
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61 Lynam, "Urban Safety Managemen~" PTRC Tra/fex Paper, 1989, London.
63 Hass KIau. An Illustrated ,Guide to Traffic Calming, Friends of the Earth. 1990. London.
64 Tolley, Rodney, Calming Traffic in Residenrial Areas, 1990. Breli Press. Wales.
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2, Is there a need and the support for traffic calming? ,,'
The current transportation system does not work for a great many people. The Florida
Pedestrian Safety Plan points out that only 63 percent of residents are legally able to drive in the
state, leaving 37 percent dependent on walking, bicycling, transit or shaiing a ride with others.66
These modes have to made viable. '
Recent opinion polls have shown a considerable latent demand for bicycling and walking.
Recreational walking and bicycling has yet to translate into significant mode shifts because the
transportation system is not sufficiently attractive' and convenient for walking and bicycling.67
Figure 7 shows commuting habits and preferences: (Source: "Pathw,ays for People,"
Rodale Press.)
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iii Pathways for People. Rodale Press. 1992, Emmaus, P A.
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FHWA Case Study No. 19
More than 7,000 pedestrians and bicyclists are killed in traffic accidents every year in the
United States The majority of these occur in urban and suburban areas. Pedestrian fatalities
often comprise as much as one half of all urban traffic deaths.68
Traffic-related issues feature prominently in local politics, newspapers, and surveys of
neighborhood concerns. Congestion, pollution, and traffic safety are the subject of frequent
complaints. The danger to children from traffic drastically limits the freedom children have to
move around independently.69
In the city of Seattle, traffic-calming measures such as traffic circles cannot be introduced
without the initial support of more than 60 percent of affected residents. More than 200 have
been installed, demonstrating widespread support for such measures.
All of these trends, opinions, and facts suggest a real need for the development of a
transportation and street system that is more attractive, safe, and convenient for pedestrians,
bicyclists, transit users, the physically challenged, and for motorists themselves. Where traffic
calming has been implemented throughout Europe, widespread public support for the measures
has followed.
A 1980 report on woonerven lists a number of benefits and drawbacks of the new type
of residential street design. One of the drawbacks is said to be:
The type of solution supplied in "woonerven" can create unreasonable
expectations on the part of residents of areas not suitable as
"woonerven. ,,70
This apparent need and desire for traffic calming and better conditions for bicyclists and
pedestrians is often not reflected in the views of the media or local government officials.
In a fascinating study of public opinion versus the media's perception of public opinion,
authors Brag and Erl discovered the media routinely-and quite significantly-underestimate
public demand for calming traffic.
Respondents in 17 towns and cities in Germany, Austria, and the Netherlands were asked
a number of questions to indicate their preference for traffic priorities and their perceptions of
what others felt about the same issues. For example, in one town 77 percent of the public would
favor bicycle priority over car priority where the two conmcL Only 33 percent of the media
agreed with this and the media believed only 37 percent of the public would agree. The same
trend was evident in relation to public transport.
61 Fatality Facts 1991, Insurance Institute for Highway Safety, 1992, ArlinglOll, VA.
69 Hillman, Dr. Mayer. el al, One False Move.... Policy Studies institute, 1991. Londoa.
70 ANWB, "Woonerven," 1980, The Hague.
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Traffic Calming, Auto.Restricted lnnes and Other Traffic Management Techniques
Whereas, 85 percent of the public believed bicycling is an environmentally-friendly mode
worth supporting, the media believed only 59 percent of the public woul~ support this statement
Conversely, only 20 percent of the public supported encouraging priva~;motor transport but the
media believed 44 percent of people would do so.
Finally, the researchers discovered the extent to which both the general public and the
media underestimate the actual levels of bicycle and pedestrian use, in their own towns. In the
three sample towns, nonmotorized transport comprised 39 percent of all trips (24 percent foot and
15 percent bike). The public put this figure at just 18 percent and the media at 16 percent The
use of cars and public transport was overestimated quitesubstantially.71
3. Will bicyclists and pedestrians benefit from traffic calming?
. The simple answer is: Yes. The experience from Europe clearly show that bicycle use
has been encouraged by traffic , calming and that walking, has been made much more attractive
and levels of activity have increased in residential and shopping streets that have been calmed.
This should not be a surprise. One of the key: goals of traffic calming is the reduction
of vehicle speeds, from which both bicyclists and pedestrians benefit The European Commission.
report on bicycle policy and provision revealed ahnost unanimous and strong agreement among
European bicyclists that the speed of traffic w'as a'major concern.72
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Safety for children playing in their neighborhoods is improved by reducing the speeds of
motor vehicles and can be accomplished by traffic calming. ,In a study of children and motor
vehicles in Montreal, Quebec the leading cause of accidents was a combination of high speed
motor vehicles and children darting into traffic at mid-block locations. The recommended
solution was to slow motor vehicle traffic speeds in residential areas to reduce the number of
children pedestrian accidents.73
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71 Brog and ErI, "Influencing Behavior by Public Awareness, as lllustrated by Ihe Encouragement of Cycling,"
Paper to T.ITECH Conference, 1991, Berlin. ' \
n Commission of the European Communities. Policy and Provision for Cyclists in Europ~\ 1989, Brussels.
,
13 Kupferberg, N., David, B,. and Rice, R.O., P.E., "The Effect of Road Design and Traffic Control in Child
Pedestrian Safety," 1988 Compendium ofTecbnicaJ Papers. Institute of Transportation Engineers, 1988, pp. 55.59,
44
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Figure 8 shows the effect of traffic calming on motor vehicle speeds before and after
traffic calming in Buxtehude, Germany:
Before
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Descriptions of good pedestrian environments match very closely with descriptions of
traffic-calmed areas. Ramsey lists seven such basic requirements for acceptable walking
conditions:
.
.
Availability: the system must be accessible by right to all users, within reason.
.
Negotiability: the routes, surfaces etc., should not present a real barrier to any
significant group.
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. Safety: the pedestrian must use the system with a good prospect of traffic'safety and
personal secwity.' , )
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. Economy: pedestrians should not be subject to congestion or undue delay,
whether caused by lack of footpath capacity or obstructing streams of vehicles.
. Convenience: any implied detours should be limited.
. Comfort: users should not have to suffer distressing conditions (climatically or
socially).
. Amenity: every effort must be made in planning; design, construction and
management to provide as pleasant and enjoyable an environmental experience
as possible.74
The European Parliament passed a European Charter of Pedestrians Rights in 1988 which,
once again, argues strongly for the kind of improvements offered by traffic calming:
. The Pedestrian has the right to live in a healthy environment and freely to enjoy
the amenities offered by public areas under conditions that adequately safeguard
his physical and psychological well-being.
CD
. The pedestrian has the right to live in urban or village centers tailored to the
needs of human beings and not to the needs of the motor car and to have
amenities within walking and bicycling distance.
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. Children, the elderly, and the'disabled have the right to expect towns to be places of
easy social contact and not places that aggravate their inherent weakness.
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. The pedestrian has the right to urban areas which are intended exclusively for
his use, are as extensive as possible and are not mere "pedestrian precincts" but
are in harmony with the overall organization of the town.
"
. The pedestrian has the right to complete and unimpeded mobility which can be
achieved through the integrated use of the means of transport. ,,75
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The Charter also lists a number of specific features that make up a better pedestrian
environment and these include lower speeds, better public transport, more continuous facilities,
and a ban on agg~esSive advertising of motor vehicles.
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74 Ramsey. Arthur. "A Systematic Approach to Planning of Urban Networks for Walking," The Greening of
Urban Transport, Be/haven Press, 1990, London. \
7\ "European Charter of Pedestrians' RighlS." Europe3ll Parliamen~ 1988, Slr.lSbourg, France,
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More importantly, perhaps, is the simple fact that pedestrian movement and bicycle use
are consistently listed as among the priorities for traffic-calming projects. Indeed, bicycle and
pedestrian facilities are used extensively to reduce the space available to motor vehicles. Bike
lanes and wide sidewalks with extensions at intersections are common features of redesigned
streets in residential areas. '
Mathew wriies:
Finally, are we as cyclists going to accept these redesigned streets?
Hopefully, yes, because the benefits they bring for the great mass of everyday
cyclists and local residents far outweigh any concerns about slowing cyclists
down too. There is really not much justification for arguing that bikes alone
should be allowed to blast their way through local streets. There will still
be plenty of "un-calmed" roads for anyone who wants to pedal at speed. 76
Mathew considers two further advantages to bicyclists that have quite significant policy
and practical implications. Traffic calming accentuates the notion that all road users must
coexist, but on more equal terms than is currently the case. Thus:
Indeed, traffic calming could offer a way out of a number of problematic
areas. Firstly. it might well offer a solution to the increasingly sticky area
of [bicyclists access to] wholly pedestrianized streets that is causing so much
trouble.
Secondly, it might offer an acceptable compromise in the ideological
argument about cycle paths that still rumbles on in the bicycling commUnity.
Make cyclists co-equal road users, as one side has always said; but offer
them the protection the average cyclist wants, as the other side has always
argued. 77
4. What is the potential opposition to traffic calming?
Some opposition to traffic calming has existed almost everywhere it has been introduced
and has come from a variety of sources ranging from the emergency services to residents and
shop owners. Motorists have attacked traffic calming as an infringement of their liberty.
First of all, it is important to realize that traffic calming is not simply anti-car. Access
for cars is not reduced at all, except to wholly pedestrianized streets, even in woonerven, traffic
cells and other design alternatives. Cars can still get everywhere they did before, but it may take '
11 Mathew, D.. "Calming the Traffic-Exciting the Cyclist," CyclelOurillg and Campaigning, FeblMarch, 1989,
GodaIming.
71 Ibid.
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Traffic Calming, Auto-Restricted Zones and Other Traffic Management Techniques
them a little longer and there may be better alternatives to driving. Tr~ffic calming is, however,
unabashedly pro-walking, bicycling, transit, environment, safety, and neighborhood.
,
In the early days of woonerven and traffic calming there were fears that traffic, safety and
environmental problems were just being moved around by traffic calming, and not actually
solved. Thus, residents of nearby streets feared the impact on them of traffic calming elsewhere.
This was quickly recognized in Europe and the focus has been on area-wide solutions ever since.
Another important feature of successful traffic-calming projects has been the early and
full participation of the local community and the use of extensive public information once 'the
projects get underway. These two activities will be vital for traffic calming to succeed in the
United States.
The early and full participation of local busine'sses and shop owners has always been
essential to the success of pedestrianization and traffic calming in shopping areas, as the loss of
car parking space, in particular, is seen as a real threat Experience in Europe has been positive
provided these fears can be overcome and needs accommodated. One often overlooked feature
of traffic calming is the better management of parking spaces and the use of parked cars to create
streets that lower vehicle speeds.
Objections to motor-vehicle free zones are often led by the businesses along the street
proposed for closing as they fear the loss of direct, convenient access to their shops or loss of
parking and resulting loss of business. The Organization for Economic Cooperation and
Development suryey of 1978 suggests this is not the most likely result 78
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The idea of creating pedestrian malls in United States downtowns has become a
controversial issue. Many cities that built malls in the 1960's and 1970's are now reconsidering
them and allowing motor vehicles back into all or some of the zones. A 1984 study found that
it was difficult to link changes in retail sales with pedestrianization and that while some
downtowns benefitted from a mall, others did not. The study also found that the retail decline
experienced by businesses in the mall corresponded with a decline suffered throughout the central
business district
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Houston also discusses the amount of time downtown workers are willing to travel on
their lunch hour. Only 20 percent of workers surveyed would travel more than nine blocks or
20 minutes to reach their destination.79 '
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In many downtowns a significant amount of that time will be spent by pedestrians waiting
for traffic signals to change. Downtowns concerned with moving pedestrians may want to
reconsider their signal timing.
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71 Results of Questionnaire Survey on Pedestrian Zones, Organization for Economic Cooperation and
Developmen~ 1978. Paris,
79 HOUSIOn, Jr.. Lawrence 0., "From Street to Mall and Back Again." PlaMing, June, 1990, O1icago.
48
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Wolfgang Zuckerman, in his book End of the Road suggests the changes taking place
along pedestrian malls in both Europe and the United Slates are due to social and demographic
changes as much as parking or other access issues.80
Emergency response time for police. fife, and EMT vehicles has also been identified as
a concern by the affected agencies and local residents. In the United Slates, a number of
solutions have been used to reduce delays for these vehicles.
Studies in Minneapolis and Berkeley found that neighborhoods where access was lowered
(usually with diagonal diverters or cul-de-sacs) tended to have less residential crime than blocks
with easier access. Additional studies in Berkeley showed that traffic control devices had little
or no effect on police emergency response time.Sl The city of Palo Alto found that bicycle
boulevard barriers had not impaired police and fife emergency response.1I2
The Seattle Engineering Department works with the FIre Department to make sure that
fire trucks can negotiate traffic circles. Each circle is custom-designed for the intersection where
it will be installed. Before a design is finalized, SED and the Fire Department meet in the field
to layout the circle and test it to ensure that the fife trucks can get around it.
Other jurisdictions have also worked out solutions for their emergency response providers. 0 '
The city of Bellevue works with the flfe'and EMT Departments to make sure speed humps aren't
installed on emergency response routes. '
So. while there can be opposition to traffic calming, it can and has been overcome.
Monheim outlines six impOltant steps to follow to help guarantee the support and success of
traffic-calming projects:'
1. Develop a political and administrative consensus for traffic ca1m1ng.
I.j
2. Involve the public at an early stage..
3. Convince those who depend on vehicle access with detailed plans. early
involvement, experiments, trials and test drives."
4. Develop high quality design to secure public acceptance.
5. Traffic calming must address more than just individual streets:.
10 Zuckerman. Wolfgang. End of the Road-The World Car Crisis and How We Can Solve It. Chelsea Green
Publishing Company, 1991.
II Smilh, Daniel T., and Appleyard, Donald, State of the Art: Residential Traffic Management, FHW A No.
FHWAIRD-80/092, December 1980. '
Il Likens, Gayle, "Bicycle Boulevard Demonstration Study-Evaluation" Transportation Division, City of Palo
Alto Staff Report, December 9, 1982.
49
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6. Include main roads in the plan, as they are main roads for walking, bicyclirig
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5. What are the costs and benefits of traffic calming?
"
For most European towns and cities the better question has become "What are costs of
allowing c~s to take over the city?:' The "do nothing" approach is too costly in terms of
accidents, congestion, pollution, and a worsened environment
In the United States too, the costs for failing to, address excessive traffic and motor
vehicle dependency are escalating. Traffic accidents alone cost the nation up to $137 billion a
year in direct costs, lost time and productivity.84 Congestion is also costly. In correspondence
to the Speaker of the House of Representatives, Rep. Joseph Kennedy, estimates congestion costs
$40 billion every year in the largest 29 urban areas in the United States Many of the
environmental gains to be realized from traffic calming have yet to have an economic value
assigned to them.
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One of the important features of traffic calming is that it makes more efficient use of the CD
same space-one of the key goals of the Intermodal Surface Transportation Efficiency Act'of
1991 (ISTEA).:
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Lower and more consistent speeds help improve the capacity of roadways, 'land the
de4icated space typically provided for walking, bicycling and transit can help achieve shifts in
modal choice towards these more efficient modesl,
Beyond these broader societal costs and benefits, traffic-calming features are a very cost-
effective method to prevent costly and life-threatening crashes. For example, in Seattle the
installation of traffic controls ranges from $50 for a sign to $6,000 for a curb extension or traffic
circle. Dare and Schoneman have shown the traffic circles to be very cost-effective in Seattle.as
Area wide traffic calming can serve a dual purpose by providing through routes for
bicyclists. The Palo Alto bicycle boulevard and Seattle street restriping are deluxe versions of
traffic calming for bicyclists. However, connections through neighborhoods where bicyclists
don't have to deal with motor vehicle traffic provide places for people to ride.
n Monheim, H., "Traffic Calming in North Rhine Westfalia," New Life For City Centers, 1988, Anglo-German
Foundation, London. \
84 The Economic Cost of Motor Vehicle Crashes, 1990, National Highway Traffic Safety AdmmislI'ation. U.S.
DOT, 1992, Washington. D.C. '
15 Dare. James W.. and Schoneman. Noel F.. P.E.. "Seattle's Neighborhood Trnffic Control Progrnm," Institute
of Transponation Engineers. February 1982.
50
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Bicyclists are asking for places to ride separated from motor vehicle traffic. Traffic.
calming techniques can provide a desirable place to ride at considerably lower cost than for a
separate trail. For example, the extension to the Palo Alto bicycle boulevard will cost $274,000
for just over I mile, and much of the cost is for one traffic signal. In contrast, one mile of urban
trail can cost close to $1 million per mile as drainage, superelevation, intersections, and pavement
make building a trail similar to building to a minor street Add the cost of acquiring valuable
and scarce urban land and the costs continue to escalate.
Rail lines and other corridors are being converted to trails in many urban areas but they may not
serve the important origins and destinations bicyclists desire. Creating a bicycle boulevard or
installing traffic calming on a neighborhood-wide basis can create corridors for bicycle use at
reasonable cost
In the six experimental areas in Germany, the costs of the traffic-calming work varied
quite considerably. Tolley reports the work in Moabit was 29 DM ($18) per square meter of
street and in Buxtehude as low as 14 DM ($9) per square meter of street
The dramatic reductions in accidents in the Danish Safe Routes to School Project were
achieved with an annual expenditure of just $160,000 per annum. The main road traffic-calming
projects in Denmark were reported to cost three to four times less than the alternative project-a
by-pass--and only fractionally more expensive than a conventional reconstruction.
Tolley concludes that:
If the cost effectiveness is seen as a relevant criterion, the potential savings
in accident costs alone promise to more than recoup the outlay on the
environmental traffic management schemes [in GennanyJ.86
He also quotes Doldissen who estimates the costs of the German experimental town
projects will be amortized within 3 to 6 years on account of saved accident costs.87
, 6. Traffic calming affects more than just bicycling and walking.
The bicycle and pedestrian community will need to embrace a much wider range of
supporters, views and interests in order to make traffic calming a reality. Traffic calming is
much more than just a few isolated pedestrianized areas or a few miles of bike lane and bike path
in one community.
Traffic calming involves adopting a new hierarchy of streets and a new concept of who
has priority and what purpose streets have: They are not just for pedestrians or just for bicycleSl
~ Tolley, Rodney, Calming Traffic in Residential Areas, 1990, Breli Press, Wales.
17 Ibid.
51
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necessary to make traffic calming a reality in the United States. Bicyclists~d pedestrians need
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While many of the specific techniques of traffic calming are not new to traffic engineers
and planners in the United States, the whole concept and pririciples of traffic calming. including
extensive public participation, are very different from the norm. The natural reaction of people
to be wary of new things has to be overcome.
In addition, engineers and planners will need to be encouraged and supported in trials and
experiments to see how European experience might be adapted to work in the United States. The
solutions used in Europe may not be the most appro'priate to achieve the same goals.
In the United Kingdom a special Act of Parliament was required to make traffic calming
legally possibly-perhaps something similar may be needed in state houses in the United States.
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V. Conclusions and Recommendations
The principles of traffic calming are practiced widely throughout Europe, Japan, and the
United States. Local governments have installed many types of traffic-calming deVices usually
at the request of nearby residents. However, in recent years the call for traffic calming has come
from bicyclists and pedestrians. In addition the goal of traffic calming has expanded.
Neighborhood traffic management is now focusing on area wide improvements instead of spot
locations.
Bicycle and pedestrian groups are in the forefront of calling for traffic-calmed areas. A
double-edged sword has been created with the huge increase in the number of motor vehicles on
the road. Motor vehicle congestion is encouraging people to seek alternative forms of
transportation, including walking and bicycling. Yet many bicyclists are uncomfortable sharing
the road with motor vehicles and the increase in noise and pollution is discouraging many
pedestrian trips.
L'\
While traffic calming may not solve every traffic problem, it has, under certain
circumstances, been very successful in reducing traffic, speeds, accidents, noise, and pollution.
Traffic calming has been used to create more livable neighborhoods, vibrant auto. free shopping
streets, and pleasant, convenient bicycle routes.
Pedestrianization, or in the United States the creation of pedestrian malls, was found to
create favorable areas for socializing and shopping. European cities found these areas had
positive effects on the health of businesses. In the United States, some communities are not
certain whether the mall or demographic changes are creating changes in business patterns.
Traffic planners and engineers in the United States are realizing traffic calming must be
approached on an area wide basis. The German model of traffic calming all streets from major
arterials to residential streets is an excellent example to follow.
A subtle benefit of traffic calming is the creation of better relationships between local
governments and its citizens. Citizens who are dealing with a traffic problem in their
neighborhood are encouraged when their government listens and works with them to fmd a
solution.
,
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There is a need for more research in the United States on the effects traffic calming has
on bicycle and pedestrian use. While the Palo Alto bicycle boulevard has attracted more
53
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bicyclists, other facilities, like the Berkeley slow street. need to be evaluated to see if they are
drawing bicyclists and pedestrians. If traffic calming is to be ~plemented on an area wide basis,
there may be an opportunity to measure increases in bicycle and pedestrian trips.
!
Summary
1.
Well-designed and implemented traffic-calming techniq~es, can have a number of
beneficial impacts for bicyclists and pedestrians. The reduced vehicle speeds associated
with such projects can reduce both the severitY and incidence of motor
vehiclelbicyclelpedestrian crashes and can make bicyclists and pedestrians feel more
comfortable in traffic.
2. In certain situations, traffic-calming techniques may be used to reduce the number of
motor vehicles travelling along particular streets, and can increase the number of
bicyclists and pedestrians.
3. ' Traffic-calming techniques can be used to provide better roadway conditions for bicyclists
and pedestrians by better defining the space available to each mode, by improving
intersection designs for nonmotorized users, and by giving greater priority to their
movement
4. Traffic calming may be a more cost-effective and practical means of encouraging
bicycling and walking than the development of separate networks of trails and multi-use
paths.
5.
More research is needed to determine the applicability of extensive European experience
with traffic calming to the United States situation. The limited efforts in United States
cities do not yet compare to the level of invesunent and, innovation devoted to traffic
calming in these other western nations.
6.
In the absence of such widespread practical experience with traffic-calming techniques,
local action by bicyclists, pedestrians and neighborhood groups is necessary to educate
and encourage traffic engineers, planners, and elected officials to implement traffic
calming over a wide area. ,
7.
Traffic-calmed residential areas can improve pedestrian safety. This is especially true for
children who are more likely to make unexpected movements into the street The lower
speeds of motor vehicles gives drivers more time to react
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Traffic Calming, Auto.Restricted Zones and Other Traffic MlllUlgement Techniques
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'; .!
Likens, Gayle, "Bicycle Boulevard Demonstration Study-Evaluation," Transportation Division,
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/,
,
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\
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,
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Traffic Calming, Auto-Restricted Zones and Other Traffic Management Techniques
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Whitelegg, John, "The Principle of Environmental Traffic Management," The Greening of Urban
Transport, Belhaven Press, 1990, London.
Zehnpfennig, Gazy, "Denver's 16th Street Mall," Transit, Lond Use & Urban Form, pp. 127-134.
Zuckerman, Wolfgang. End of the Road-The World Car Crisis and How We Can Solve It,
Chelsea Green Publishing Company, 1991.
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