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Home My WebLink About1994-12-06 Info Packet - ';',-;,:.\'",: ',\.: ,;,,')""", , ''':',\ !~7~~~~1/;,>':::>1"':~' ;, "",.' :,i' " >, , ,~.:. r (~\:. \( "~,' t~ r '\1. I . 'I f ,ft " I ' I, I II 1/='.' ..~[ 0 '#' ! ., .,'::,:...,' ."..,. ,. ~ ,::..:~~\;'l,i., ,,"'..., ,',' ;.'" , , , . ; , '. . ". "....,.-.__.~.~~.;.-~..:.;.;~.:.......--...:._.~-..;,-', /t,oKId.J.d (}11.) City of Iowa City aplJI ,,/~ MJ. MEMORANDUM DATE: November 22, 1994 TO: Memo for Record FROM: City Manager RE: Material Sent to Council Only Memorandum from the City Manager regarding refuse collection, recycling and landfill programs. ~ Copy of letter from San Granato to the Neighborhood Services Coordinator~ regarding Northside Neighborhood traffic control. ~ ~ . . . " . -a- '.": '7 '.....',...".' ...... .' , . _ J =- .,~.)>.... ".' ,.,.,., .'. "c' .', '1 ..J.li1 . )'. , .... ,........:2::0,":(<",.'\ ""',. ";,,,' ....:," Ir--..J '..... ~ ,\~'~, :'~", ",' . :~ ,.! . .....r""..",..""'I.:.o':. ~l~ ..5.: ..1,' .., It. .:.', , .~~~~ 1'..".,.,." "i.;." 0 II i._) ,j .~, -;";"':.:", ~~1:(, '., ;:;.,~ .' ',. ' 'r':i; ','. '.' . . '\~':' , :'.:~{.\\ ~~' " ~... , ,.,.,. , ~. . ',' . ,'. " , .~.., .:.;" ., "" , .. '... .....-'-..;.:L..:..",~~,.,,'"".........~_~~'........~....;..;._--..:...~.~~.~:.~,.,...__._";;"__'U'_" .....--, ,_.,_..-..,-_._--_.,--_._._.:.._~-_.,-,,-_...., ',- City of Iowa 'City MEMORANDUM Date: November 21,1994 To: City Council /1 From: City Manage~ Re: Refuse Collection, Recycling, and Landfill Programs - Update Following our October work session concerning these issues, we indicated we would prepare " '. for you two memoranda concerning the landfill authority and multi-family unit refuse collection and recycling. As you know, the latter is continuing with discussions with area landlords and therefore I intend to postpone any formal memorandum concerning this issue until we have. received more information. The issue of'the landfill authority is being prepared, however a '"': number of other legal issues and other periph~ral issues arise, specifically the proposal for a privately financed transfer station, We will follow both of these issues, but I wanted to let you f~~ ~;, .....~,' c\\ ,~ '~.-f ' , I' I , know that is not now my intent to prepare a formal summary memorandum on these issues until we can .gather additional information. We will keep you advised. cc: Brad Neumann Jeff Davidson Floyde Pelkey " , I ~ vo\11.21... I i I II IF, , i,l.) '-. . ![ o.'~- M~ - - . :J.'. "., . '\ .. ,. , . - , ""0., ,,,' ::,.~,::, ,:.:..'~',~., ,;..:y:\.-,:,:, ~ ---.-,.. ,. ~.~, , ~L "'. '. , ' I I' I 'i, ,~ " ~:.~ " . ::. ":, ' , ,,~t\" J' ' ,.,.,,\1,'\ ,,' .. .,1'," . <",,, '~ '. ~'., "::':"" , l ' '~.,.; . .', . ". _' ,~..;~_j~~:,""...~.:..:;:.:,..t!.:.;""(",~~~~"W--O<.",;""",,,,,,".,~;~~~,-,-~l..':~'~",,"~;,.,~......:.....'.~:__..-::.:..___._, '___" ....;...._._ _.. _ ,_._.__ '~..Lm._. ,......,-........--........- PI:':Ei'lEO ~IOV 2" 1994 409 N, Gilbert Street Iowa City, Iowa, 52245 November 18, 1994 Ms, Marcia Klingaman Neighborhood Services Coordinator Civic Center 410 E. Washington Street Iowa City, lA, 52240-1826 , , , RE: Northside neighborhood traffic control Dear Ms, Klingaman: " I have received your letter of November 14th outlining the (apparently) Council-approved traffic control experiment for the Northside neighborhood, If I Wlderslalld your letter correctly, the purpose of this is to discourage "cut-through traffic" in the neighborhood, although it is not spelled out exactly which streets motorists are to be discouraged from using (and which streets to use instead-preswnably the major streets), ".. Looking at the map, I see both good and bad ideas, but nothing that seems to be relevant to the apparent purpose, Nonllally, low-volwne intersections in residential areas arc best left Wleontrolled, Given the high residential turnover hi the southwest part of this neighborhood, however, some of the new stop signs at 4-leg intersections arc probably worthwhile, But a stop sign on the terminating street at"T" intersections? It should be clear enough who has to yield the right-of-way. Is there an accident problem at these locations? ';-0: ,....-:-.. J (-:"' '~" ~l rr,,\ I . . i I I ,I I fo1 I I I i! I II I b I" I ! ~L-.i I also do not Wlderstand why Gilbert Street traffic is no}v proposed to yield to Fairchild, Gilbert is a major street, so this would contradict the apparent purpose ofniscouraging motorists froJ:ll using the local streets, (Again, is there another problem at this location not stated in your letter?) Given the higher traffic volurne on Gilbert, this change could lead either to widespread non-compliance with the signs, or increased noise and air pollution from more braking and a~celerating, (I suspect a combination of both will occur, which could create a safety hazard due to the differences in travel speeds created.) . I generally fail to see how re-arranging stop signs will have the desired impact on driver behavior. It might be more effective (albeit more expensive) to install street diverters, add speed humps (as opposed to tile "bumps" on many commercial driveways), or even planting trees at curbside to give the impression of a .'.'narrower" street. But traffic signs aren't free, either. Besides the installation (with flashing lights to get 'people's attention that there is a change), the city will have to adequately maintain them or face potential liability problems, That's why it's often better to not fix things that may not really be broken, I would be interested in receiving a copy of the comments and data collection referred to in your letter next May. Sincerely, ~ :;'1 . ) , ,. "',, '" I... ...' I., _ ' .,.~.: Sam Granato c.e, Mr, Jim Brachtel, Traffic Engineering Iowa City Council members C'-_~~='''=~' '..'_~/.-.r'c,o:1.:) . -'-~ II>>AII" . 1 "" " ~~~~ ,'_..:.I';:"'!.,.~".rl' f 'I'." ;~~d' 0' ,.;; ..J, "r:.',~)~,:,~! , ,,'. .' '~."." , -\ , " ~ " ' ....,'1 .~~ ,..'" , I : ; I' , i ! r' , , :''\ ,,, t# ,t." "'I i.'Q.."}.~ '.'.^.'...:.. .10'\"i'l I' r:IY:I.~ .'.. ':"";Y~ i:ljd~l:; 1,..........- t ~-=-~~~- ... ..... .~.._~-~-~-_._~ - (- . ~ o J - "" , f.., ) 1 ! ~ ~ ~ " ,., i~ '. :; " [1 l'l ", i,;':' ,I t} [:; ~ ~l ,:1 ~ ~ , .! ~ , 1.. till h " ;.~-f:;'('i' Ml~ '~ c-.~ r ...J \, "1 r, \ .~ ,,:~ r / I : , ' I I ~ : I : I I I I II 1~1 ! ~l) \, " '...I...'~J: .~' . 1f' t/', l~: r', >.' " -..... "e 0 :j", , " -. " , .': "":"~~~~~';:t' ,:-",'..'., ,'~. ,', '" , , ~ " .. ,.' ,,',." ," ,City of Iowa City MEMORANDUM DATE: November 29, 1994 TO: Memo for Record FROM: City Manager RE: Material Mailed to Council Only Memorandum from the Economic Development Coordinator regarding total and vacant zoned land in Iowa City. Memorandum from the Neighborhood Services Coordinator regarding residential stop sign program responses. , Copy of letter from HUD to Mayor Horowitz regarding staff visit to Iowa City. Agenda for the November 30 informal meeting of the Johnson County Board of Supervisors. ~A, '_ _~. ~' ", ~;~. - '.--:, :)' . ".,... .,'..,:,:". '...,..;, , ~,', .. I " . :. " ' ", "0"",, ",:', ': ;,'.:: \I"l"" .,:)",:;,:\, . ' . , ," , ~ c2.9J9 C{ 30 f" ?' :,' I , {' ~:;.~)": 'I.. Of , '., ".(,;~~> , l~',,' ~"." . _'11:,;": ',. ,'l, , '.'. , .. . " ,>-.,,;,.. ',J."," " , ,", "", '" , .', :'_:.~~,.~{~,~~~~<j~~:"-;;~~I.-'-""'.~"'~'_'''''''''''~''''-'l:''~~~;,~.~;:..~:::...i~__~.,:..; _ .. ::' , ----~----_..- -_._---------~--,,---------- City of Iowa City MEMORANDUM , ~- ~~~l --'~)IS Date: November 28, 1994 To: City Council and City Manager From: David Schoon, Economic Development coordinatoU)~ Re: Total and Vacant Zoned Land in Iowa City For your information, I am providing the attached tables, which include information regarding the amount of land in Iowa City by zone categories and zone classifications and the amount of vacant land in Iowa City by zone categories and zone classifications, The bulk of this information was gathered through the use of a planimeter, an instrument which measures irregularly shaped areas. Given the use of this instrument to measures areas on the zoning map, the numbers represent our best estimates. t .., ~~ \. ,. \ In reading the vacant land tables, I would caution you regarding a couple of items. The first is that vacant residential land includes only land that is vacant and has not been subdivided. At this point in time, we have not included those subdivided lots that are vacant. In addition, vacant commercial and vacant industrial land includes all vacant commercial and industrial land, whether it has been subdivided or not. The other word of caution is although land may be vacant, it may not be available for development. The vacant land may not have the necessary infrastructure available to it; the topography may make it extremely difficult or cost prohibitive to develop; and/or the property owner may have no interest to develop or sell the vacant parcel. Our plans are to update this information at least once a year, at the beginning of each calendar year, and more frequently as time permits. If you have any questions or comments regarding this information, please call me at 356-5236. .A (,..::'1.~ I' , I I , , , cc: Karin Franklin bc3.1 I I~ I . i ~. ..... :V\' ~' .1 " " !> ':, I " I \.t~ o~~~_. ::--.: -, ~_ ?~o: l.......----.".' , '.""" ' ,-..; ,';'~\.: .- . " ' ;:,:)):,~:,,':";';';::', . I. ~. ., ._--'~---.._~ ' ., I f\\ \;;J' 10:, ,~.';;'J.-=:1 .,,-' " I ,,\ r -.. \ , \ \ II \ \.' "'1 ,~," ! ., . r I I I" i i I I I I · if, j iJ, ' :-'-"', "P'I! ) ;"~j~[,. ~,l~ti;. J,'J~ )';(~YI l._~ c 0 ~._.,~ "'., . .' . '~ r , , I, , :.' ' - Total Zoned Land As of August 1994 Totals by Zone Category and Zone Class Percent Zone DescriDtion Acres ofTotal Commercial Land C01 Commercial Office Zone 96.12 10.21% CN1 Neighborhood Commercial Zone , 47.82 5.08% CC2 Community Commercial Zone 283.68 30.13% CB2 Central Business Service Zone 52.56 5.58% CB5 Central Business Support Zone 25.76 2.74% CB10 Central Business Zone 35.88 3.81% CHi Highway Commercial Zone 44.30 4.71% CI1 Intensive Commercial Zone 324.02 34.42% P/CI1 Publlt'J'lntenslve Commercial Zone 31.28 3.32% Total Commercial Land 941.42 100.00% Industrial Land RCP Research Development Park Zone 54.25 3.42% ORP Office & Research Park Zone 79.17 4.99% ICORP Interim Development Office & Research Park Zone 810.62 51.11% 11 General Industrial Zone 608.92 38.39% 12 Heavy Industrial Zone 12.57 0.79% PI1 Publlt'J'General Industrial Zone 20.47 1.29% Total Industrial 1,586.00 100.00% Public Land PO Public Land. Other 678.19 22.09% PP Public Land. Park 600.30 19.56% PS Public Land. School 234.22 7.63% PU Public Land. University of Iowa 1,557.07 50.72% Total Public Land 3,069.78 100.00% Residential Land tDRS Interim Development Single. Family Zone 1,592.55 18.43% IDRM Interim Development Multi.Family Zone 178.66 2.07% RR1 Rural Residential Zone 536.37 6.21% RS5 Low Density Single. Family Zone 3,820.62 44.21% RS8 Medium Density Slngle.Famlly Zone 856.84 9.91% RS12 High Density Single-Family Zone 168.13 1,95% RM12 Low Density Multi.Famlly Zone 374.95 4.34% RM20 Medium Density Multi.Famlly Zone 89.68 1.04% RNC12 Neighborhood Conservation Residential Zone 29.72 0.34% RNC20 Neighborhood Conservation Zone 63.10 0.73% RM44 High Density Multl.Famlly Zone 171.97 1.99% PRM Planned High Density MUlti.Famlly ZonG 36.28 0.42% RFBH Factory Built Housing Zone 210.51 2.44% RO Residential/Office Zone 6.31 0.07% PDH1 Planned Rural Residential Zone 168.90 1.95% PDH5 Planned Low Density Slngle.Famlly Zone 151.75 1.76% PDH8 Planned Medium Densltv Slnale.Famllv Zone 158.08 1.83% ~'~l ), ~:. -~- --..-. ---. o f" I . '~ . "' I ~ ~ I I I ;1 ';1 ;,t i~ · ~ [] 1 J ~:".:"~... ,',."".;,,' , ,"",." , , ':',~r\'\"! .' " . .::,"'. ,",' . ~,. '. '.~. , , ,\.:.-,-. .,,', . . ~"" ~' ':' " , ____~.!.~';~,,-...., "'-"~..w.l......,,,, ~t,....._",^,_".",~""" ,........~':.:~':.."----_.._._~ '.. _ '. ~'~ . .~. _._u.._..,...: __.:...,~._....;_,._.~_._...._ _'__: A Total Zoned Land As of August 1994 Totals by Zone Category and Zone Class Percent orTolal Aeres Oeser! tlon one Planned High Density Single-Family Zone High Density Mulll-Famlly Zone Total Residential Land 26.02 2.32 8,642.74 0.30% 0.03% 100.00% PDH12 R3B Total Commercial Land 941.42 6.61% Total Industrial Land 1,586.00 11.14% Total Public Land 3,069.78 21.56% Total Residential Land 8,642.74 60.69% TOTAL LAND 14,239.94 100.00% ,.' . Land by Zoning Category aa Percent of Total Land "~~. Commercial Land 7% Indu6lrlal Land 11'16 I Public Land 22'16 ResldentIaJ Land 60'16 r---:'-: .X (~', ~, , ,,\I .~I!i (~r"'\ I, I ,.j t ! f,; l " \ I , , ~~~1 1.."."1 ". .J't...,': ',0.' ,)' , fI'- 't, " ,," '___~"~ . '~', J,"_' ),;:';\; . C~- ___-v-' 1'1 Ail. i , 0' ",,', " , ',: . ~ ' ' ,,' , ' , , " , , . , , , ' . . ..----.-, .': ;].';!.mt~ \ j .. . '?I,\!,; '. . '. , '. ~. - ~~ ' - n....'.",.,........._ ... .r' C~,.\ \ ' ''\) ,~A (,~;~, I " , I" i I Total Vacant Land As of August 1994(1) Totals by Zone Category and Zone Class Percent Zone Descrintion Acres of Total Vacant Commercial Land C01 Commercial Office Zone 11.93 8.91% CN1 Neighborhood Commercial Zone 22.53 16.82% CC2 Community Commercial Zone 16.22 12.11% CB2 Central Business SelVlce Zone - 0.00% CBS Central Business Support Zone - 0.00% CB10 Central Business Zone 0.69 0.66% CH1 Highway Commerclal Zone 5.53 4.13% CI1 Intensive Commercial Zone 45.56 34.03% P/CI1 Public/Intensive Commercial Zone 31.26 23.35% Total Vacant Commercial Land 133.96 100.00% Vacant Industrial Land RDP Research Development Park Zone 37.30 3.91% ORP Office & Research Park Zone - 0.00% IDORP Interim Development Office & Research Park Zone 61D.62 84.95% 11 General Industrial Zone 85.86 9.00% 12 HeavylndustrtalZone - 0.00% PI1 Public/General Industrial Zone 20.47 2.15% Total Vacant Industrial Land 954.27 100.00% Vacant Public Land PO Public Land - Other - #DIVlOI PP Public Land - Park - #DIVlOI PS Public Land - School - #DIVlOI PU Public Land. University of Iowa - #DIV/OI Total Vacant Public Land . #DIV/OI Vacant Residential Land IDRS Interim Development Single-Family Zone 1 ,592.55 44.74% IDRM Intertm Development Multi-Family Zone 178.66 5.02% RR1 Rural Residential Zone 502.50 14.12% RS5 Low Density Single-Family Zone 626.92 23.23% RS6 Medium Density Single-Family Zone 219.96 6.18% RS12 High Density Slngle.Famlly Zone 96.60 2.76% RM12 Low Densltv Multl-Famllv Zone 16.60 0.53% RM20 Medium Density Multl-Famllv Zone 19.20 0.54% RNC12 Neighborhood ConselVatlon Residential Zone - 0.00% RNC20 Neighborhood ConselVatlon Zone - 0:00% RM44 High Density Multl.Famlly Zone 16.20 0.51% PRM Planned High Densltv Multl-Famllv Zone . 0.00% RFBH FactolV Built Houslno Zone 64.33 2.37% ~ " '" ~ rJ " (1 " ~ , 11 o . ~' , I" !, I ',l) ~:"'-'", i' , ~ f:; i:~m~~' , ~;, 1',{ . ',' ,~Ilo" iill~~. I : L...-o" (1) Vacent residontlalland Includes land that Is vacant and has not boen subdivided. While vacant commercial and vacant Industrtalland Includes all vacant land, whether it has beon subdivided or not. Vacant public land was not calculated. {C~O _h.ll"'"-- .. -~_. - =-' . -} 0 , : ~ ~ J.1 i.: j . I 0, " ,'."_.,', '" """"/'.' " ~"", " ',' ~ ' ..., " ",Ii, ;\,'l",)''-,.'' ,,' .. ',;',',11 \ ;l:. "':-,'; ;',~ ':"-,', ' , ,:A.I,,' , ' :;:~:,,~- :-:\ ',- ;, . ," , ",'"" .".'... . . -, "'. :.,:__'~::;L~M':s..,,,_,,,'i"-:..a..,,~~..:.:..;,....,:;:.........,~......,,~>.<4";"~':~~~~~...:.....:;:~,:_...:;~'---:.~:.::'.;~_.~;.:....,.c"...._...,. ."",.,-",_.,,;,_..",,,~....,,,_.-,.,,,,.>...".<.-,-~~~,;,-:':....:--.....:.... ,- ,;; '. .' Total Vacant Land As of August 199411) Totals by Zone Category and Zone Class Percent Zone Desen lion Acres of Total RO ResldentlaUOffica Zone 0.00% ,'",' PDH1 Planned Rural Residential Zone 0.00% PDH5' Planned Low Denslt Slngle-Famil Zone 0.00% PDH8 Planned Medium Density Single-Family Zone 0.00% PDH12 Planned High Density Single-Fa mil Zone 0.00% R3B High Denstty Mulll.Famlly Zone 0.00% Total Vacant Residential Land 3,559.92 100.00% Total Vacant Commercial Land 133.96 2.88% Total Vacant Industrtal Land 954.27 20.53% Total Vacant Public Land 0.00% Total Vacant Residential Land 3,559.92 76.59% TOTAL VACANT LAND 4,648.15 100.00% ''-'--" r~- (~\. \\\ .~~ r- " i , 1" I ~ I I, . ill I, It:. i i 1. ~\ .-!~ \,'...;; ~ ?, ~... Land by Zoning Category as a Percent of Total Vacant Land vacant Commercial Land 3% Vacanllndustrlal Land 21% vacant ResldenUal :!1 Land 76% (1) Vacant residential land Includes land that Is vacant and has not been subdivided. While vacant commercial and vacant Industrtalland Includes all vacant land, whether It has been subdivided or not. Vacant public land was not calculated. '~'~1 (( =._-,,~'--' " ,I . 0 ' ,,',,", ~., ' ,,' ,."" , -,', ._-,.',-",' '," :' '.'1,' :',', .' ,,', " '_ , ,..." <~w ~I~ ,_J:2~I:,o. T .. ','. " .,.' ',; '-. "\ :~~:-\,,;; ~"'''''''''' [.:'"'~ ,5 i4 '~~, "":.,' I .,' . ",": '80/ ..,.';f '~ 1 ~-I /~) ~ [J . . ':?, , '\', , . . ,"'~ .... , ( , ...;.;::....." Vacant Land as % of Total Zoned Land As of August 1994(1) Totals by Zone Category and Zone Class Total Vacant as Vacant Zoned 0/0 of Zone Description Land Land Total Commercial Land COl Commercial Office Zone 11.93 96.12 12.41% CNl Nelghbortlood Commercial Zone 22.53 47.82 47.11% CC2 Community Commercial Zone 16.22 283.68 5.72% CB2 Central Business Service Zone . 52.56 0.00% CB5 Central Business Support Zone . 25.76 0.00% CBlo Central Business Zone 0.89 35.88 2.48% CHl Highway Commercial Zone 5.53 44.30 12.48% Cll Intensive Commercial Zone 45.58 324.02 14.07% P/Cll Public/Intensive Commercial Zone 31.28 31.28 100.00% Total Commercial Land 133.96 941.42 14.23% Industrial Land RDP Research Development Park Zone 37.30 54.25 68.76% ORP Office & Research Park Zone . 79.17 0.00% IDORP Interim Development Office & Research Park Zone 810.62 810.62 100.00% 11 General Industrial Zone 85.88 608.92 14.10% 12 Heavy Industrial Zone . 12.57 0.00% PI1 Public/General Industrial Zone 20.47 20.47 100.00% Total Industrial 954.27 1,586.00 60.17% Public Land PO Public Land. Other . 678.19 0.00% PP Public Land. Park - 600.30 0.00% PS Public Land. School . 234.22 0.00% PU Public Land. University of Iowa . 1,557.07 0.00% Total Public Land . 3,069.78 0.00% Residential Land IDRS Interim Development Single-Family Zone 1,592.55 1,592.55 100.00% IDRM Interim Development Multl.Family Zone 178.66 178.66 100.00% RRl Rural Residential Zone 502.50 536.37 93.69% RS5 Low Density Single-FamllV Zone 826.92 3,820.62 21.64% RS8 Medium Density Single-Family Zone 219.96 856.84 25.67% RS12 High Density Single. Family Zone 98.80 168.13 58.76% RM12 Low Density Multl.Famllv Zone 18.80 374.95 5.01% RM20 Medium Density Multl.Famlly Zone 19.20 89.68 21.41% RNC12 Nelghbortlood Conservation Residential Zone - 29.72 0.00% RNC20 Nelghbortlood Conservation Zone . 63.10 0.00% RM44 High Densltv Multi-Family Zone 18.20 171.97 10.58% PRM Planned High Density Multi-Family Zone . 36.28 0.00% RFBH Factory Built Housing Zone 84.33 210.51 40.06% RO Residential/Office Zone . 6.31 0.00% PDHl Planned Rural Residential Zone . 168.90 0.00% \1 , ,. "~ ;~,... f ' ..; I 'I I I" I' ,., :,' 'I' : i:; 1,1 I !II " ' ~' I , ~~ ~I 'C"'L'I ;,'~j,',P,"'" \ ..:;\~l,'~; ~~ 1,1\4-."';.1 I"j\"";;~;" '~.~, ." ~,~ , \,..p.-"\-., (1) Vacant residential land Includes land that Is vacant and has not been subdivided. While vacant commercial and vacant Industrial land Includes all vacant land, whether It has been subdivided or not. Vacant Public Land was not calculated. I :=t.<.- M. ^- .-._,,- _ __ C. -~-'--=_ _ ,. _ ,--,. -, 0 ) ~' .. I 1 " " I j I ;i i j .'_..0- ,_ ,~tt~(' " ~'~ ' ,- " '~"r' '-.J",' '. . /''- ' "~ ;. -......... -" .c-- -" c ' \ \t ~i --*sl.!l:i: iT~ .: I r ,.: : If; 11.- ; ~, !~: I .. , !I i I i I , ' I: ''fD II" ! ~l) \ ': '", ,(. ',.,', 1 I i .' ,,. '.' '...~ 'i .' ~ j. \' , ,'-,,' .A~,~r,~ .' : , ~,',' .. " . , .. .' , " ~' ",,', , " '", . ,'., 'c~' :'L.~~~~.~~~,"" ...... ~';&'" ~;,~~~,-",~;<~;,..:';~~.;......t<., ~."'L.:.~,~ ~'.J.;;i......". ~,<o;..~ "~''''.;...:. "__.~ :..._'__. _. .-, .-,--..,,--,-----_.._..--.,-~':... --.. --, "-.,-.<-- Vacant Land as % of Total Zoned Land As of August 1994(1) Totals by Zone Category and Zone Class Total Vacant as Vacant Zoned %of Zone Descrintion Land Land Total PDH5 Planned Low Density Single-Famllv Zone . 151.75 0.00% PDH8 Planned Medium Density Single-Family Zone - 158.06 0.00% PDH12 Planned High Density Slngle-Famllv Zone - 26.02 0.00% R3B High Density Multi-Family Zone ' - 2.32 0.00% Total Residential Land 3,559.92 8,642.74 41.19% Vacant Total Percont Total Commercial Land 133.96 941.42 14.23% Total Industrial Land 954.27 1,586.00 60.17% Total Public Land - 3,069.78 0.00% Total Residential Land 3,559.92 8,642.74 41.19% TOTAL LAND 4,648.15 14,239.94 32.64% Vacant Land and Total Land by Zoning Category 9,000 a,ooo 7,000 a,ooo J 5,000 CVacant 4,000 I Total 3,000 I 2,000 1,000 L.Il . I - Total Total TotaIPubl1o Total Commercial Industrial Land ResldenUaI Land Land Land Land by Zoning Category I ',. (1) Vacant residential land includes land that is vacant and has not bean subdivided. While vacant commercial and vacant Industrial land Includes all vacant land, whether It has been subdivided or not. Vacant Public Land was not calculated. {(_.~ O,~~_' .. , ~:_ '~n,.' , -~ '-',O__1}!:~ " ~~~1 1'-' ',/ c.. , ,., .J ~ 0'. '- . -~-- :' -_"~":.;l. , ,'~. , . Msm' ,,' ,", , ,','I""" :".,iJ,..'. . ."...,. .,?J,\',; ", '\ , . ' ';~'. " .' '. , , " r ..:: . -'<':'-;:" .!-F< " ~, , ' ",; , ". .' . __,.~......-'-,,~.._...., ~",...""'~, "'..Ir.....:...... '4"""'_'.' >-<.a-;1>,,"'.....;,;""".........__ ____' _ ..,'." ..'.".,~..-,,--,,"..--.:... " .-'., City of Iowa City MEMORANDUM MEMO ;-.. Date: November 21, 1994 To : Steve Atkins 'F M' KIi' ~~ rom: arCla ngaman Re : Residential.Stop Sign Progiluil Responses ......~~ Jim Brachte1 and I have had a number of phone calls regarding the mailing that was sent out last week regarding the stop sign program. T have had approximately 9 calls. Most are just curious about the process and a few were verY'supportive of the effort. There have ,been 2-3 that have had serious problems with the concept and plan on making their feelings known to the City Council. I have attached one such letter. Michael Cavitt may be approaching the Council regarding 7th and Court. I will keep, you updated on the responses I receive as time goes on. [" , . :' '.~': '\\ "j ., ~ n '\ I' I i ~ I ! j I CC : Jim Brachtel ~~~s ._~ I , -:fC 0 __~~~ IftO- " '" - T "':.~~~-~~~_.:'O\'ll_.< . , , "J J ,,,. ,,,.... ... ~ '.:,..' .' ",' , , '" .,' " '. , .',,',. ",.' , " .' ',' ,. "",' ,... ."., ,,::,.. .,..,""., ',' .,.',', '. ' , , , ,,"' " -, , I II , " '. r"--...' ,ft ) /5 y 80, ...."..,'" "., ;w~f;'~,(\ ..,l; ", 1""- C~'\ ' .l' rr .'. I ' ,\':',', I '1,' I 11:" t ~ I: I', i t ! i I II I I I I r;" ", II J' 1\, ~'., .,.i, \'\'..... " -......- ,(":=::f,. " 0 . ":'.;- ~. ',' '.,. ,,..'.....,--- (: " .' " .;;,:t,:t . ,h,.., ..~. , , ...'\ . i':" ',:.'," '1 "'.., ~' ,..~, . ., ,':'.:_::.:.:.~;:L:"AJ...,...:.,.~h:.:.L.;:.::.::~-:~,~_~il.,:~~~-.J.-"';;;'~:..:..";.,;:,;;,.,..::,L;~~..,",:".~,.,~;",,~:~.._...~,::..~.___._.__h_. . ....__ _,.'_.._'. __._,__.____~;. '.,0,.. .......:.._,,-'-- ___. 409 N. Gilbert Street Iowa City, Iowa, 52245 November 18, 1994 Ms. Marcia Klingaman Neighborhood Services Coordinator Civic Center 410 E. Washington Street Iowa City, lA, 52240-1826 RE: Northside neighborhood traffic control Dear Ms. Klingaman: I have rcceived your letter of November 14th outlining the (apparcntly) Council-approvcd traffic control experiment for the Northside neighborhood, If I Wlderstand your letter correctly, the purpose of tius is to discourage "cut-through traffic" in the neighborhood, although it is not spelled out exactly which streets motorists are to be discouraged from using (and which strcets to usc instead.presumably the major streets). Looking at the map, I see both good and bad ideas, but nothing that seems to be relevant to the apparent purpose, Nonnally, low-volume intersections in residential areas are best left Wlcontrolled. Given the high residential turnover in the southwest part of this neighborhood, however, some of the new stop signs at 4-1eg intersections are probably worthwhile. But a stop sign on the tenninating street at "T" intersections? It should be clear enough who has to yield the right.of-way. Is there an accident problem at these locations? I also do not Wlderstand why Gilbert Street traffic is now proposed to yield to Fairchild, Gilbert is a major street, so this would contradict the apparent purpose of discouraging motorists from using the local streets. (Again, is there ~ probl~ at this location not stated in your letter?) Given the higher traffic volume on Gilbert, this change could lead either to widespread non-compliance with the signs, or increased noise and air pollution from more braking and accelerating, (I suspect a combination of both will occur, which could create a safety hazard due to the differences in travel speeds created.) I generally fail to see how re.arranging stop signs will have the desi.red impact on driver behavior. It might be more effective (albeit more expensive) to install street diverters, add speed humps (as opposed to the "bumps" on many commercial driveways), or even planting trees at curbside to give the impression of a .'.'narrower" street. But traffic signs aren't free, either, Besides the installation (with flashing lights to get . people's attention that there is a change), the city wiII have to adequately maintain them or face potential liability problems. That's why it's often better to not fix things that may not rcally be broken, [would be interested in receiving a copy of the comments and data collection referred to in your letter next May, Sincerely, Ii , ' 'J /, Sam Granato .. - "j'":,. c,c. Mr, Jim Brachtel, Traffic Engineering Iowa City COWlcil members ""Y"~WIl ' III. '~~- ,~ '; ) ~ '. : , ' '" ,', ':';'! :. " ,0, ','.' ',":> ,'\'-,"" ,': '," ,\ :~'" '. '. ". ' ~~~~ . r ;:'P1 ,t. . l -.) D. C' "---,....~,~ . ~. : <:) '" "to, _---------.:._ ,'. . ,:-." ;"'''i'' " ~.. I , \ (~; i I i , , i i ! '.- ~ I ~':l"', r, , ' ~ ,'-)t~'~'I,V:'\': ,'. ..'.'..' .>' . '~'''t' ~, . . ~ ",;': ".' :. .:;...,:~.~..:...:::"..~~i~,:.::~....>J,~'..,..j-'''''.,,~...:.......:..~..:.;;;..:..,;..'''~.....~.;.;J.:...;..._..f~...~: , n ,____ ...___...____.,_~__.....~._... !:l"''''r::''''''~ "!'!\I 2" 199' 1It:'J::I-f:::;:..; I"IUV J II ~\AfN'o.. l~ U +q,!! ~ J *6 \ I f "" ..I ~ND.~~ U.s. Department 01 Housing and Urban Development Nebraska Slate Office Executive Tower Cemre 10909 Mill Valley Road Omaha, Nebraska 68154--3955 November 21, 1994 Honorable susan Horowitz Mayor of Iowa city Civic Center 410 East washington Iowa city, IA 52240 Dear Mayor Horowitz: Thank you for the opportunity to meet with members of your staff and organizations within your community on september 19, 1994, to discuss the new Department of Housing and Urban Development initiatives which will impact on the city's community development and housing programs. We would also like to thank you for the positive steps that the city of Iowa city is taking in implementing the consolidated plan, which is an important priority of secretary cisneros and the Department. city staff did an excellent job emphasizing that this process ie an opportunity to build new partnerships and coordinate efforts to improve the delivery of needed initiatives in housing, continuum of care, economic development, and public improvements in Iowa city. Thank you for your cooperation. We look forward to working with you in the future. sincerely, ~ At/q_~ Greg~. Bevrrt Direc~rJ Community Planning and Development Division -g~ eeJ; 3"~ .0-: ~/aUdMne /l( , , " ~, -- 2) , , ' ': ' :", "",',;"" ),:': . 0,.", ' ';', ' !.',".:','",..'" ~~~, ~LT " "\ '",-: " , I 'f .,.. .,...., A, ,..c_ @ '''1'" 'S' I- ,~ ~.' " m' i,Ll, ..,'.::;.'-',',.' " . ','. .1 ",.:, I. ;r~: . ',' . '. ,'-~' "::';;"'~,~,~~,,~'l:~,.:.',.,. '. \, . ..,,>'i/"; .'i: , , 1,,' ' "".,..:,." ~. , i I 1 I .. .'~. ,~..:..c,~'". ~".. ._ ,'1' ";,<'. :,j.;....:-- --...................,,-_.:..~--_......_--,_:~~~~--- (, . " . '_.,. 'U_" ...__.____.__.~__:-.,--~,..---:c _ ._, To: 101*\ CITY CLERK From: Jim Havercamp 11-29-94 8:35am p. 2 of 2 Johnlun County _ \ IOWA ~ BOARD OF SUPERVISORS j ,/ i"-' Stephen P. Lacina, Chairperson Joe Bolkcom Charles D. DuffY Patricia A. Meade , Don Sehr . November 30, 1994 ,';. INFORMAL MEETING WITH REPRESENTATIVES FROM V ARIODS TOWNS Agenda 1. Call to order 5:00 p.m. 2. 'Introductions. 3. General discussion. l.-:l - ':::J - -"- .- ~.. ~ ._'.l:~ ~ .- '. . " .. ,.::., 'J .' .,.., ',':,01 (i'" I'" -" '.D - -, 2 .. . .' " - -:.... .._" , '.~' n') -'- ~.-: ,- . .. :, ~:-: ., .- - '. ("-:-"t.....-- k q .~~' tf~' ):' I .r ,I':. ~'. !: , :1 I 4. Adjournment no later than 6:30 p.m. ! I I, II Ii:' J l 0>~", 913 SOUTH DUBUQUE ST, P,O. BOX 1350 IOWA CITY,IOWA 52244-1350 TEL: (319) 356-6000 FAX:(319)3~j~ C~_. ~_. } ~....,.._- d:' ,...-... , ,~~~ I '. " , - '~~I'",.,,){;~,... .' I .,.' ", "':"\',,: I .. ,'''5 \lol. ~. .' I 0/ i:7;:'j , ' , ',I, , . \ .' \ . -,-.,"\ \ , , -- \ 'J! \ ' \, r~ , , , I' (, I, ,...~',) " p " r~i'~1 l' i',~" ,", ,,:;.1' :;-'1' I :.,~,t., '.._r' ~'=~~'~M'__ '. =_'~. ~_ ~(~, , T ~N'_~ "' 0) ,"' ... I " ~ , I I I , 1\ [1 b l1 [. ~ f). [j ID II S ~1 a " i , ~ lJ Material regarding water treatment plant and wastewater treatment proposals: a. City Manager's memo regarding water treatment plant schedule ~9~ b. Mayor Horowitz' memo regarding visit with United Technologies c. Memorandum from Council Member Lehman ~ d. City Manager's memo regarding water and wastewater tap-on fees~ e. City Manager's memo regarding water rate comparison chart ,;)q.3~ f. Public Works Director's memo regarding conversation with Williams Brothers Pipeline g. Letter will H.R. Green regarding pipeline h. Public Works Director's memo regarding wastewater facility improvements - treatment capacity i. Letter from H.R. Green regarding summary of water source investigation j. Memo from the Pollution Control Superintendent regarding wastewater alternatives considered k. Memorandum from the Water Superintendent regarding Iowa City ~~ and Cedar Rapids Water System Projects 1. Memorandum from the Water Superi ntendent regardi ng North Li berty CJ .:l.. wastewater effluent discharge to Muddy Creek m. Copy of news release regarding presentation at public library regarding water treatment plant. Memorandum from the City Manager regarding radio maintenance contract. Memoranda from the City Attorney: a. Partial litigation update; successful ruling and new lawsuits. b. Hunter Rawlings Christmas party and gifts from the Japanese go.vernment c. Brief review of Condemnation Law d. Condemnation procedures completed November 29; damages award by Compensation Commissions e. Proposed agreements concerni ng Ci ty projects and County concerns ~9L/q f.' Iowa Peace Institute; response to suggested mediation 5{) g. Mobile Home Park Ordinance ;:;951 Copies of letters from the City Attorney to S&G Materials and to :J9,'i:J, Washington Park Partnership regarding revised offer to purchase. Memoranda from the City Clerk: a. Joint meeting with Johnson County Board b. December 6 meeting c. Council Work session of November 21, 1994 Copy of letter from the City Clerk regarding transcriptions of Council ;;n5l1) meetings. Memorandum from the Assistant Director of Planning and Community Development regarding revised schedule for Melrose Avenue environmental assessment/ alternatives analysis. .. J~t.~'i' , , .> . '~L " , ,\1" '-" , ~ '. . ..-{....., .' ,.'..:.-:.:'....,:.',:..'.~~.,..."~"..'.h...'...""._'..-"',.-..-,,_,..........__.......__.:_ City of Iowa City MEMORANDUM DATE: December 2, 1994 TO: City Council FROM: City Manager RE: Material in Information Packet ?-:.,."...--.; ;( ( ) \ \ \l , '~~ i-?,~ : ' (I" ~. . ! ... I -I I I. I ~ I:, 1'1 I' . I 'I I . I i I : If:, II d J. ~l.J1 , "'<,-:~'" ": i " ((~._OT~~...'H'_=,~ -'~ _~-:~__-=_ '_0 l,i ~' ;)937 :J~,'3~ :1939 :1940 ()9 Lj~ :J9l/r, 7 ~ I~,' i. ! I I , 1/5.10. ~f., "_'.,'C'.. ," ,1 [ \ ;,~ , ( ! I i l~ I ~> I" ,I '\ ~"'~ '..rJ;1 tl',"',' Ul' :':1' ~}:. , -,' " ([-0 . ,. I ,'~ t ;,\ 'I.:, " ',.. , , . ,-'" ~ '. ~' . , ,-- ~ ,,,,'.' ."':'" .' '-'.' -". ,-. ."',;.-.. ..~..:-'.,,":U:",,., ,..."',,_,..t;,;...,, ",,,",,,,,'~~'--,_._,,._._~..'.. City Council December 2, 1994 Page 2 ~?58' Copy of letter from Police Department regarding complaint by R. Lakes and speeders on Magowan, Ferson and River streets. Memorandum from the City Engi neer regardi ng Wh i speri ng Meadows basement :?95 9 flooding. Memorandum from the Planning Department regarding Towncrest Relocation Program update. ' Memorandum from the Parking Systems Manager regarding Chauncey Swan Parking Ramp. Memorandum from the Pl anni ng Department regardi ng 1993 Supp 1 ementa 1 J%:l. CDBG Grantee Performance Report (GPR). ~ Agenda and material for the December 6 meeting of the Council on Disability J%3~ Rights and Education. ~ Article: Tapwatergate ~ ~ Age,da, for the ;,formal a,d formal meeti,g' of December I, 1994, of 0l4&~~~~ the Johnson County Board of Supervisors. Agenda for the December 1D mee1;,g of the Joh',o, Cou,ty Compe",tio, Board. ~ Memoranda from the City Attorney: ' a. Copies of appraisals . ~ b. Possible schedules for water and wastewater rate lncrease ~ ' ordinances. Memo froe Finance Director regarding 1% Local Option Sales Tax. ~%6 d,9iD L Memo from City Atty. regarding Clarification of Iowa Cities Which Use Surface/River Water. Copy of letter from City Atty. to Molly & Phil Matteis regarding request to submit potential vacation date; update on condemnation. .;l%~_ ~97D I ~I ~ Copy of letter from City Atty. to Washington Park Partnership and S&G Materials regarding notice of election to take possession of land condemned November 29, 1994 effective December 3, 1994. r +0 Sd-G, Mo.km,ls I GoPY of letter from City Atty.' regarding request to remove equipment; possible extension of time for removal of stockpiled sand and gravel. Copy of Deposit of Payment for Jim Glasgow; and Washington Park partnershiP'~ S&G Materials, Ivan Walker, Jay Honohan. ~ . ~ Agenda for the 12/6 Informal meeting of Board of Suoervisors. ~ Illustration submitted by Jim Glasgow of the Iowa City proposed Water Plant.~ Memo from City Atty. regarding Defamation Law and Consitutional Limitations~ M~mo from City Atty. regarding potential penalties for failure to comply ~ wlth the Safe Drinking Water Act and the Clean Water Act. Memo from City Mgr. regarding Water and Wastewater Projects. . ' 1~__......... _v ,~~ v - ",o,-i)j/, r a /5 ' ~o, -,- , ",,_n..," . . ", f~ '. ,I ~'.,'", -..'~;;- >" ': >,','- ,.. ,~';' i ' ", 'N;,.,' \ ~ "'1' ",'-.::,'};~~~~\'( . ',~" ~, . J";, '.. . ~ ',tr "",~:,.~,{~~,~~')~..-;':;,":,' ;~.,~..(:~'~.."..:..~~l~~~'\~'J>'~"~~~~"::'~'w:.:~~~:;~"~~":~,~~~~;'~"~'~'~_"" ," I,' . , ' , ' .... ,.__.,-~_...~-,--~.<.,~-._.._--",.......~"" ., ~ C' (1 , \ \ \. ~ ,.~~, IV I i I ~ i I I " ~ .. ,;<~~ .'( Date: City of Iowa City MEMORANDUM December 2, 1994 To: City Council From: City Manager Re: Water Treatment Plant Schedule At the time of preparation of your December 6 agenda. we were working on a revised construction schedule and thereby would affect water rate proposals. Following conversations with many of you, as well as calls I received from others interested in the rate proposal, we conducted an extensive review of construction options. I will be working on this over the weekend and will hand deliver to your homes no later than Monday any proposals that might be pertinent to the rate schedule. Please keep in mind that a rate schedule and the construction of facilities fit hand.in- glove and, therefore, we cannot consider construction schedule without an impact on the rate schedule. Thank you for bearing with me on preparation of this option, but it does involve a complete review of schedules, financial plans, rate structures, and an assessment of the impact upon our community and its obligations to fulfill state and federal water and wastewater requirements. bj\ralesch (:) - ',~' )',"'~,"-,'.' .-" :j;; " ,,' :}i't ':'0 , '-",I"" ~. ~- . ~C{~I . \' ,I' " "!. ' 'f':' "'r""'" .,!~, ,/ 'h .1 I I i , , I I 1 1 j !I> , I '..., 10', ;:-G~;~:t ' " ., , i .> , 'It" , . \~I,:, , , . :~ ,", _...'.. '...',.',. ,-,'''V_''''_.''. ., '.,_,.~."^...._,._,. City of Iowa City MEMORANDUM ,--- ..l (~\ \,' .~ I I, . I" I I I I'i , , i , , , , , : I, , ,~" I' " : I '\ ). ~1J1 ,l \'1" ~; .. ri"'W,'. "1 h "'I C. , (=- 0-" Date: December 1, 1994 To: City Council From: Susan Horowitz Yesterday, November 28, the Superintendent of Water, Ed Moreno, and I visited the United Technologies plant at the request of management to discuss the new water plant and the rates. There were approximately 35 people present, representing both management and shift workers, as well as a couple of representatives from Procter & Gamble and one from Release International. The questions raised and discussed were as follows: 1. Why do we need a new plant? Ed Moreno took them from the age of existing structure and its being updated over the decades to the current situations with drought in the middle '80s and then the floods, the vagaries of river water itself, public health detection abilities of contaminants, as well as the detection of contaminants that we have in the river. 2. Were other locations sought? The answer was yes, both in the south, to the east, at the existing plant in terms of the potential for increasing its size, and the current site under consideration, 3. How was this done and how 'did you determine the qualifications of the firms that were considered? (1) We had a citizens' committee of a variety of people who gave us the variables that we should be looking at. (2) There were four companies interviewed, all four of whom were relatively local in nature. From that, H.R. Green was chosen. We emphasized that the Water Department is the project officer and in charge of the investigations and 'the pecisions that are being made by the consulting firm. 4. Why do we need so much land? Ed took them through the design of the plant and the systems for getting the water and distributing the water. This included the discussion of the use of sand and gravel for filtration, the sludge disposal regs, the volumes of surface and ground/well water that we can acquire from this area and will now and in the future, and the location above 1.80 which will assist us in site assessment on the part of the Environmental Protection Agency. 5. Will the use of water fees be used for purposes other than water production? We went into a discussion about this. - , -~~' -.- ~.. O ),':., , _,,>1,,' ..' r I p) I ,!. ~13~ i .. /"'- '" ...1 1\' . )':Jo/.r.:n' ",..~,u:.;;_'J , .' \,', .> . ',) '. "1,\\" . .\ ,:-,( , '~"I' , ''''.'',-" - _._,_..~~._:;.., .,.,' ."., ",..-.:..--,._~~,.'".."-,;;..,,,.,.......~..,,'''-' .,. :._,'" ,,::~ .:, ..,....,'.... "-"" .~:. .,_....:~, --....-. "--....,.- - " . 2 6. What about postponement for federal changes? Federal funding? The bottom line for that was no hope on either issue, 7. Do other cities have the same potential costs and problems? Yes, Cedar Rapids, Coralville, any city does. Also, any person in the county on a subdivision well with 15 houses or more than 25 people will be feeling increased fees coming from the DNR. 8. What about water fees? We discussed schemes 1 and 2 and the whole room discussed the dilemmas, those being (al the cost of production of water decreases with increased volume, (bl the potential corporate decisions over which we have no control to close down or not increase plant size if Iowa City costs are higher than either elsewhere or their ability to build a new building where they can drill their own well, and (cl increased base fees affect employees personally but if the industry pays and is in jeopardy for that increased fee, then their jobs will be in jeopardy. 9. What will Council decide? This is unknown at this point, but the known givens are (a) there will be a final vote taken December 20 on some form of rate fee (which has the potential to be amended later on) and (bl concern and, therefore, desire for a financial assistance mechanism for low income/elderly on fixed low income. 10. Does the University have the same problem? Yes, it will and currently discussions are being held as to what this means. Could this affect our rates? Yes. 11. What about a 1 % sales tax? A referendum could tackle this. If passed, it would be able to keep increases down in the future, but could not be used as a payment base for debt repayment over the next 20- 25 years, As the intensity and number of questions wound down, Ed and I were given support begrudgingly. The public health aspect was better understood, as were the funding dilemmas and regulatory mandates without the hoped for wiggle room. The representative from Release International intends to ask for a similar briefing at his plant. All three industries asked for copies of the federal regulations to emphasize to their corporate headquarters Iowa City's activities in response to a national law will sooner or later affect all municipalities throughout the United States. cc: City Manager City Attorney City Clerk b~nowpl.nl 'Jr~ ".r" :"T1 ), -",:,,-' *!f- -'- '::~ -: TlII.llI ~' " 10, .--.."...;.:\-.. ,', ' .!g~dm(':., ~. "~: ,. -. ..,~ I " ;\. , ", ". " (\: \l ,'~ ,-""'"'II, r...' " 1'1''1 t , }~ I }, l ~ I Ii l; ',.')'V~~I,\,,_,";.',' . ~ " ",' , . . ....' , I;' f'" " ", ','.. , " :.-,~~~i':~~...,-<-"-...-"",,,~.~~~,~....,._:i,~~;'~~'_,~____:~_.,, " ,',' .__.. '.' ,u.,_..._,_.__~_......._...~_~_._,__.___.._'__ __.. ! ~&.. CITY OF IOWA CITY November 28, 1994 Dear Fellow Council Members, The issue before us regarding our water and sewer plants and their rates is very perplexing. Not being engineers, it is often very difficult to answer questions being asked of us. It is my opinion that a rate increase should have been put in place ~ome time ago so that we could have already raised some of the capital required for the new facilities. Whether or not some of the details of the current proposal are right does noti in my opinion, lessen the need for an increase in rates. I feel that rates should be put into place as quickly as possible. We know that we are going to have to have new facilities. The sooner we start collecting increased rates, the less these rates will have to be increased. At the very least we owe this to the people of Iowa City. There is plenty of time to determine the details of the plants, The report from Stanley Engineers of Muscatine should be very helpful to all of us, I hope you can agree with my logic and we can get this rate increase in place as quickly as possible. We can always adjust rates in the future if we enjoy the benefits of favorable bids and low interest rates on our bonds. Regards, [u}#U Ernie Lehman b~rato5 410 EAST WASHINOTON STREET' IOWA CITY, IOWA l2240.1126' 1l,19) 556.5000' FAX (311) 556.5009 'G,)'~"" ," ,0.. 'I., ~ -- , --}- :r;Ji,~'_o-lji'.;"'-, ' (~ q 33 , I::""."" , , \ C. . .~~ ~J, ' " "',<,. 10, , " ....; ~~! :/ .,...-:- l; !J..:.1.: r \ \J ,,\ ;,i~l,,1 , ' , ' ; ~ \C 0 ,'-~ ~~34 I >~ t ...,~ , ., ," .. . , .,.. .,~" ',..' ,', ,~tl\I: , " , ''-,''.. ,,' , '"'"7,. . '" , i '. . - . . - . - '.." .~".~,~." ,.., -.. ." .,".....,"- ~""".,~",.",.".",,--..., ..~~-;..~~,..-..-...._..'.. .~._,- .-. ,- _ .__'._._~... _v._""~ ...'.', ..,' ~~..._"v ...'._,..'...... .,~.~_..~~..__._.,.._. _,.._ City of Iowa City MEMORANDUM Date: December 2,1994 To: Cily Council From: City Manager Re: Water and Wastewater Tap-on Fee During your discussion the other evening, the issue of a proposed tap.on fee for water and wastewater improvements was discussed. There are several issues that need to be addressed if we are to proceed with the tap. on fee, but the following I believe will represent in general terms how it might work. - 10,000 acres within the City limits and the City growth area . of the 10,000 acres - 2,800 is within the city limits - if you choose to recover $10,000,000 in capital costs (current value) for water and/or wastewater Improvements 10,000 acres + $10,000,000 = $1,000 per acre Assume 3.2 houses per acre (single family zoning) = $313 per house The issues include: How much money do you wish to recover from your capital Investments? How do we collect the monies? At subdivision; at building permit? What effect might these fees have on your development policies? If the Council chooses to accept this concept, please direct the drafting of such an ordinance. vc\lap-on I -~ -- T'" ~,n_ .... ~I'~ 0.,;,).,\::.: 1 _~::,:," " ~' i I r 10, . ....,.". " ,.4', ( , i~ I I I I , ~ ~j ',I~ h ~ C" '~ - -~- , .. /',\ '" ,', 'It'" . \~t!l ,.'.. .- . -~ ....' / ~,' --. , ". " , . '. ,. '.", ^ ... ., '.'~ ,.... ~,~ ~.t_ ._. '1_'.....___..." "........,_",.,. ...~........, ',".~L~"'~_~'::" _. ..~___..~ _.-:___~~~.~. _. -, ,~, ,,~~.. ~ .... -.. -,_. ..-. - City of Iowa City MEMORANDUM Date: December 1/ 1994 To: City Council From: City Manager Re: Water Rate Comparison Chart Attached is a comparison of water and sewer charges, based upon residential users (800 cubic feet per monthl for sample cities throughout Iowa. The chart shows the proposed 1995 rate increase of 40% for water and 35% for wastewater as compared to the rates from other cities. Those that have indicated they will be factoring in a rate adjustment are so noted, Others may make adjustments; we are simply unaware of what their plans are at this time. It is difficult to draw any comparison for FY96 rates when water and sewer rates will be increased again. Each of these cities will be making other adjustments and, therefore, any comparative information is not accurate. Some of the lower rates that you will notice are from substantially industrial communities, that is, there are large consumers of water and wastewater services and thereby the rates charged are lower proportionately. Attachment b~chart ~ ~1'3S" - ~,--:=~-, ~~',~.,_'l};" f" " ',' ," I@ !' ~::51 Oi, .r:;7ii,'t::i '~L\:" "" ,.' :.' - .. Co .... ~ ~ '" ~ u '~ ~ Vl U U .. 'I 'I c ~ ~ ~ ~ " ~ ~ E .. .. " " " " ~ ~ ~ u Vl Vl 0 0 IDII V'l I~ (1) ~ (lj .c; UV'l "I (1) 1.'- ~I (1) ,,!: '" ~u ~ I ~~ ~ o(lo ;j - " " I. "I ,l (1) (1) 10 i ~ 10 ~- ~ iil (1)0.. oj iil ~ ~ ~ ~ ~ " V'lE " :i III 1 vi " (lj ~ "I ~ ~ " ~ ~I '" ~ 12 :I ~ ~ <0 0 " .c;1 ~ ~ III ~ +JV'l ~ I- c::1. ~ j!! i o~ :i !lI ~ ~:J " " :l I- i1 ~ " oj III oj .~ - +J(lj ~ c::~ II (1) ~ C2' t: (1) ~ .......'. QJ' " ::1"'0 .'\ U'iij ~ \ --.~ :I \ O~ 0 \ \ III I- \ ' III \. c::~ J ....,', .~l f. .~:""'o Oril , "- V'll. ~ ~ ' I , .- I. [~ .. II i'! E ~ 0 I U ~ :i ~ u 0 ~ ~~ 2 't:: t: .!J! (ll e o III ~ 0 , (ll ~ t: ~ ~ ~ t: ,!{l 00 r t: ~ 0 ~ o ~ Q - Q g: .... II , " i ,5; <3~ ~ 0 ~ ~ ,~ ~ (ll .5; E <3 .5; ~ I.; t:; 0. l- I 0 t: t: ~Vl ~ :fl 0 -q: .!Jl.. III III , I o M t: co Jg ~ III ~ " 1:) ... ~o a: III , , ) ~~ ~l-q: -e ~g: 0 -.J ~~ ~ :J ,I,,; Ql ~ t:;; <.:l € ~ -'e ... ~ ~,. ,.-.'" ~;; 0 CQ ::> Q~ ~ ~ ~", 00 ~ I!! ' I ~ - l(-'e Ql s:~ <.:l III ~ !J~1:rffl ., jl" :'~~ "lWj!~, L_-" ~~3S ,(-"-~ - ~- -- ~'-- .'-~:'~V", -.., l~ J I (~ ~[1 0 ""l .. , .:~:;:, J1?;t,m', , h, .:",i' " ,C"'- ..~ ' ( , \\ "~ ""'" tr..-;;oR , ~,:("" . , r. ,7i'" "",' I I' J I} I 'I ' I II I II I b II i" I \ I' \ I: ' \' ..". \'...~... , 1\ ,,' {' " ! .j , -"""--':"" , {(-a , " '- 1:'1' " ;/ '. . ", :':'-'1''.\1.; ".,.,,' .. ,:,,' " " .. ~ . , "',........,', ".t,_ ".\' .' '.' ""'" .'.--.... , _ '::::R.'~~'{~:':'~ ~ '''_ :,~"~~.:~.",,.~..:~......,._,:...;:__:_':'..,~,-....~",,"~~~.:~,_#..:._-,,~_; . ,_,,__,....,_.,. '.,..._.u_'.'..._~... ....-"'_......_.,._._._.~.. _." City of Iowa City MEMORANDUM J ~. ,'f ~93b ~:;': ,0, TO: Steve Atkins FROM: Chuck Schmadeke DATE: December 2,1994 RE: Conversation with Wilson Busby of Williams Brothers Pipeline Williams Brothers Pipeline Co. owns and operates a 9500 mile pipeline system in 11 midwestern states. In addition they own and operate several thousand additional miles of pipeline through various subsidiaries. They also own the pipeline located on the proposed water facility site. Wilson Busby is a right-of-way claims agent for the Williams Brothers Pipeline Company. He also has a law degree. I had a lengthy conversation with Mr. Busby regarding the pipeline located on the proposed water plant site. Following are various statements made by Mr. Busby during the course of our conversation. 1) 2) Williams Brothers pipeline has never damaged a public water source. Virtually every leak along Williams Brothers pipeline system is caused by third party damage (digging or drilling adjacent to the pipeline). 3) Pipeline operating pressure is :t 700 psi, testing pressure is :t 1200 psi. . 4) Determining the potential risk or probability of a break or leak is more theoretical than practical. ' 5) Williams Brothers Pipeline Co. does not take foolish risks. Williams Brothers does not consider the pipeline located in the sands and gravel of the City's water source a foolish risk. 6) Iowa City's water source and Williams Brothers pipeline exist on this site as a practical necessity. We both need to be there. 7) After visiting with Williams Brothers environmental staff, Iowa City staff and Iowa City's consulting engineer, we feel leaving the pipeline in place is fully acceptable. However, we will await more formal recommendations later on. Ip4.1 1.0\1" ~ ,.~ iU r.._ -- ,'~' - r -. ) ", ,I",'.' , ,.'" '~~':\'.,' C"',' :.... , \' ,,0 I ,:illl;?;\:~ \ ..'. " ,.-~ i . I , , i i I , ; I , , i , , \ ~- '] t~ ~~ , """'14',"' \16, 20 :J3a "'~1 I ; , .. . . ~~, \:.. , ~ ..",1_ " Howard R. Green Company CONSULTING ENGINEERS December 2/ 1994 Chuck Schmadeke, p.e. Public Works Director 410 E. Washington St. Civic Center 10WCl City, IA ,52240 Dear Chuck: Re: Williams Bros. Pipeline An existing petroleum pipeline currently lies on the south edge of the plant site well field. Alternatives for protection of the well field from potential contamination can generCllly be classified as either response strategies or containment strategies. Two containment strategies that we considered are installation of a secondary containment pipe and construction of a slurry wall. Containment pipe technology was found to be impractical because of conflicts with the cathodic protection that is used on the existing pipeline. Slurry walls constructed between the pipeline and the proposed wells would theoretically be effective,ln terms of containment but impractical in terms of constructability. Due to the fact that not all of the constituents of typical petroleum products are floatable, an effective slurry wall would have to extend to bedrock, a distance of 40 feet or more. The wall would have to be approximately 4000 feet long. We would estimate the cost of a slurry wall to be in excess of $2.0 million. Another oonCElrn with respect to construction of ~ slurry wall would be the tendency for the wall to reatrict reoharge of the aquifer which will result in a reduction In the capacity of Collector Well #2. The primary response strategy that we have considered Is Installation of a system of monitoring wells for detection of leaks. We have Identified some concerns with respect to this strategy. First Is the question of determination of an appropriate frequency of sampling. If a 'small" leak occurs on a given' day that Is not vlsuill or otherwise detected, will detection at a later date In a monitoring wall be too late? Even If a I,eak ia promptly detected it is possible that localized oontamlnatlon of the aquifer may occur. Ona of the objectIves of this project Is to provide the cl~izens of Iowa City with a safe and reliable water supply. At this time E!n opportunity exists to permanently remove the risk and fulfill this objective, We feal that It Is prudent to seize that opportunity and relocate the pipeline. The estimated cost for relooation Is $450,000.00. 4250 Glass Rd., N,e, . P,O, BOK 9009 . cedar Rapids, Iowa 62409-9009 · Phone 319/395,7505 · FAX 319/395.9410 \I'd ~J N33~~ ~ H Wd80:20 {C~ 0 -r.-.___' . -~ :~-~~ , -~~ , ,- _~' 0 -~rl: , f" ! ~ ~ ~ ~ 10 I ! , .1 ~ ,; ,,! ~ [J, ..,.~',.- ), , ',. j"'l:: .,. '. '.' ' ~ir i" ,,: ~ .,,'.:." .. . ,',",,-, ",' <,~t\:'t,,' , ." '...,..,. , ~".. ,-,' ,~. ,"'-1. " ',,;',',;' , , , "'-''''.., ~' , . . ..".', .,"....:.'.'"'rAt:~:~~:'.,'_,,~...,,'.,;"-""""""';;,~,~"';.'-",.~..~~...~~~;. ~~..~_.;:,::~,~._~;':..'.:._._~,__....::";~___.-:.~,.._"_........ "'M'~':"'_' .:..._,~.,... ___,...._......n .' , _ Mr. Chuck Schmadeke December 2, 1994 Page 2 I, Additional Investigation is In progress to determine the feasibility of reducing the cost of relocation by converting the existing Williams product pipeline to a communications conduit and using an existing communications conduit for transport of product. We have not fully Investigated this option and will keep you Informed on our progress. Sincerely, HOWARD R. GREEN COMPANY Ralph J. RUDsell, P.E. le:51301OJ6\11'2D-Q4,rlb I@ . ,. \ \ .< ,.ot. I I '. I, I: ! I ~ t,j ~ Howard R. Green Ccrnpa~ CONSULTING ENGINEERS , ' !it4,..., S'd G. H'~~:'-~ __ -~r- - ~ N33~:J ~ H Wd60:20 176, 20 :J3a ~'~1 ''---':'2p>,,), "',ii.. "'r::r.. , IJ \ II, ~~} "I' 10', . -, ',' ~r&~\,",~~'~'~ . ~ \ .~~ ,.,.... ( I I , I , 1 ~.. J " !~~::, f (\ ''-', , . ".' ';,'" " , ..., '~t '" ':, ' ~,>: ,,~'l.'~,) ...', ' " " ~ . '.....~ ' , ~' ., .{, . ., ...._.._~.. ....~dLlL~",;."..:..~"'.;".~'~M.~....,.L.:.~:i~,'~,:..,~~,~.,~J.,~~;~.:.._:..L;;.~y_~~:';"'''''-':';'-'':'..:''~''''f>'~.''"''''''';'<',-,",:';',">",''Y''''''_~~~____._.._.>._. City of Iowa City MEMORANDUM Date: November 29, 1994 To: Steve Atkins, City Manager From: Chuck Schmadeke, Public Works Director Re: Wastewater Facility Improvements - Treatment Capacity Iowa City currently owns and operates two independent wastewater treatment plants, The north treatment plant has the capacity to treat, under average conditions and fulfilling ammonia removal requirements, 5 million gallons of wastewater per day. Current flow to the north plant is 10,5 million gallons per day. The south treatment plant has the capacity to treat, under average conditions and meeting ammonia removal requirements, 5 million gallons of wastewater per day, Current flow to the south plant is 3.5 million gallons per day (MGD), Currently under design by Stanley Consultants are wastewater facility improvements to treat the current total flow of 14 MGD and provide an additional 1 MGD or 7% of current flow for future growth. It is hoped that the 15 MGD total capacity plus additional chemical treatment (breakpoint chlorination) in the future will negate the need for any additional major improvements to the wastewater facilities until the 1986 bond issue is retired in 2012. It should also be noted that a substantial portion of the treatment components at the north plant are sixty-five (65) years old and pose a potential risk of failure. vcllre.leap ~'3~ - -- -:..-..-.- .),':',"1',' " " :~i,::,', - ':~,. ,.,' r~'o =-~~,". , ',',,0 , ~ -, ,... T',"', 'I~ " (~ '",' ,..'. , f\\ ,~ , ,1 I 'I' " "D"" . ' .-' ,tr.t..'f::j' , i .. , '" ''',' , "~ , ~ ..' . .', ,/ ,~" ,- Howard R. Green CC1Tlpany CONSULTING ENGINEERS December 1, 1994 Chuck Schmadeke, P.E. Public Works Director 410 E. Washington St. Civic Center Iowa City, IA 52240 Dear Chuck: Ra: Summary of Water Source Investigation I~' 11 ' . , , , , '1 I '\ ) , 0-,,::-:- , , In July 1990 Howard R. Gresn Company was retained by Iowa City and Instructed to prepare a Comprehensive Water Supply Plan for updating and Improving the City's potable water facilities. This plan was to evaluate all sources of raw and treated water Including: Al Surface water at various locations along the Iowa River between the Coralville reservoir and the current intake, utilizing avallabla data furnished by the City. BI Ground water from: 11 Alluvial aquifere 21 Silurian/Devonian aQuifer 3) Prairie Du Chien/Jordan sandstone aquifer CI University of Iowa Water Plant This plan was to address several other aspects of the water utility Including the ablllty of the existing plant to meet current and future drinklng water regulations, The major conclusions outlined In tha plan which effeot the source were as follows: A) Drinking water standards will continue to become more restrictive, thereby making utilization of surface water more difficult In the future. 81 The existing water treatment facility cannot be practically expanded and renovated to supply 100% of the projected water demand. Cl Nltrete and other contaminant levels In the Icwa River will likely continue to Increase in the future unless there Is a significant change In agricultural practlcee. ! ! I The following is a summary of investigations conducted since 1990 regarding the future eource of water supply for lowe City. I , i " y/ " )'~'~,: i'i ~ ' ','i,'I!~&: :'1\';\!) t\\~" .,,'.~;j~ l,_...._ . lIoriI/oI_ 4250 Glau Rd" N,e, , P.O, Box 9009 ' Cedar Rapids, Iowa 62409.9009 · Phono 319/395-7805 · FAX 319/3Q5-9410 (--0 '::- v'd ~ Nnl9 ~ H WtJ62:60 1>6, 10 :J3a -'.-- ,- :_0 _), ~<\~" ~O I " 'l ", '. 176, nil :l30 ~ ~ 3,\ i ,! %:." " -.'" f', /':.:rJiD , , '~k'l ".. ", .. .. . .. ~ '. . Chuck Schmadeke, P.E. December 1, 1994 Page 2 . D) It is not economically practical or advisable with respect to water quality to construct a naw surface water treatment plant to supply 100% of Iowa City's needs. E) Iowa City should Investigate the availability of ground water from alluvial aquifers and a buriad valley aquifer south of Iowa City. Fl A saparate treatment facility will be required for the ground water source, if one is developed. Tha completed Comprehensive Water Supply Plan was presented to Iowa City in April 1991. Also In April 1991, Iowa City amended the existing contract with Howard R. Green Company to include an evaluation of the two potential ground water supply options as recommended in tha Comprehensive Water Supply Plan. The options were an alluvial deposit aqUifer located southeast of Iowa City and a suspected buried bedrock valley aquifer located primarily south and southeast of Hills. This evaluation included preparation of a data base containing informetion on all existing wells, geophysical data, and ground water quality date. It elso included the preparation of aerial photography show,ing residences, property boundaries and potential sources of contamination. Based on existing data, a drilling program was developed to study areas of potential. Geophysical investigative technics were also used to further define geological deposits. All data collected was used to prepare a geologloal model which would outline significant geologloal oharacteristics of the area and predict available ground watar resources. \ The conclusions of this Investigation were as follows: Al Alluvial aquifer Saturated sand end gravel deposits exist at a depth of 30 to 50 feet. The shallow aquifer Is the primary source of supply for residents of the araB and ia.readlly subject to contamination from the surface. It was not recommended that this aquifer be used for Iowa City's water supply due to currant level of use of the aquifer and the potential for contamination. -'" (":1 I' , I' I I I Bl Burled Valley aquifer Geophysical reconnaissance and exploratory drilling were suoeessful in defining the overall configuration and geometry of the burled bedrock valley south of Iowa City. The area consists of alternating sequences of sand and clay, over a confining cley.rldge glacial tlll, over "channel" deposits of silt and fine sand. The Bend deposit In the channel would yield significant amounts of wster for non.municipal use. However, this channel does not exhibit the necessary lateral or vertical dimensions nor the required hydro.geologle characterlstlos necessary for the development of a elgnlficant water supply source for Iowa City. HONard R. Green Company CONSULTING ENGINEERS : i , ! . ~ : I , I , I , \ ~,:~ "l ~ (i S.d --I......., (~=-=, - -.---- ,,' 0 ~ . .'" - ---- ~ Im~~ ~ H W1:J0E:60 , ,--= '- _..,- ),'.',', --"'- o f" - () ~l ~ ~ ~ll ~(G;.:;~~ i, , . , , . ~r \ . , +',\ ~' A ,C C<t ':" ~ r,,,,,,~ , r'1 i I,t; I I i i I i I : f I!" ; I ' · I J \\~..'" . '......- '>;.. jill" , }:~li !\r'~~!, I~': iih, I ':1',,_ -~ . "_'''" c~~~' , ~ " . , :~, -~ Chuck Schmadeke, P.E. December 1, 1994 Page 3 In February 1993 the investigation of these two sources of water was discontinued. In March 1993, Iowa City concluded that it must secure its potable water supply from known water sources, namely the Iowa River, the Jordan aquifar, and the Silurian aquifer. On March 30, 1993, Iowa City amended the contract with Howard R. Green Company for additional work generally outlined as follows: A) Review current and proposed Federal and State Regulatory Standards and present in summary form changes in regulations since preparation of the original comprehensive water supply management plan. B) Discuss the affects these standards will have on testing and treatment required for: 1) Iowa River weter 2) Jordan aquifer water 3l Silurian equifer water 41 Combination of 1, 2, and or 3 above C) Determine the effect of blending these waters with respect to treatment, operation and maintenance, distribution system corrosion control, waste solids generated and their disposal, aesthetic quality, and O&M costs. D) Investigate the feasibility of constructing an inteke on the Iowa River north of 1.80 and in the Coralville reservoir pool. E) Select a minimum of two locations for a new water treatment plant and prepare an estimate of probable cost to develop each site. F) Determine the slzo, depth, location, spacing, and cost of wells constructed in both the Silurian and Jordan aquifer. G) Prepare a source development scheme utilizing a combination of Iowa river water, supplemented with water from the Jordan and Silurian aquifers. In 1993 during our investigations as described above, Groen's and City steff ooncluded that the most probable site for the proposed new plant would be north of 1.80, west of Dubuque Street and east of the Iowa River. It was also concluded that this site shOUld be inveetlgated as a potential alluvial well.fleld site. The work was expanded to included 5 Initial test borings adjacent to the Iowa River between 1.80 and Dubuque Street. The Initial borings Indicated significant deposits of sand and gravel favorable for development of a lIhallow water source. Work was further expanded to include construction of a test well, test pumping of the toot well, and computer modeling of the rosults. Based on thasa favorable rasults, the Investigation of sand and gravel daposlts was expanded approximately one mile north of the proposed site and south to City Park. Howard R. Green Ccmpany CONSULTING ENGINEERS 9'd ~J N33~~ ~ H ~lE:60 VG, l0 J3a .__. .__n_ ~ _, o ] -- wr~~= ~'3' I ',' 'J <, '- ~'- ~ ~i,' ; r [J ~ j':$ ri D ~ r I '! ~o " ."1''-',:..', ~"'A' , /...,...' ,;- '''-'''''''~''_._'- (. ,,( (~~ ',' \ ~ r~ (, . , t ~, I ! I IF: ~l 'l ~' . ~:., ,"' I llIllIdlol"/lI a~3' "'...r"'. ,/" , ,,'. ~ .. ,\:,' r,; ", .', " . . ':~:'" , '. "t'I'I;'. "'..:-.' " ,', ': .~ '-,',.. '. ~ ~. " ,', "\':'"1,, , , ;" ~ , '''''''''' ",' . 't, . " ..,.:_..:..~,..,~.),....:,:.:;~;':.:..~J;~~',~".:..,t.,..,..."',...,..."",,~,~........::":~.,~,.....:,~,.,.,~__...::..:..,,~.~.;...__~._._:-.,.~,~':.-.,~,~,_",..,,,,.,,,,,~..,,,,,u,~,__,,,,,,,,,,,,,,~,,;_~,,~,,__,,,.____'_,: Chuck Schmadeke, P.E. December " 1994, Page 4 The additlonel drilling resulted in a second location of a proposed well-field on the panlnsula north of the Iowa River between tha Iowa Rivar Power Company dam and City Park. It is antioipated that the two well fields together will be capable of producing between 6 and 7 million gallons par day. Drilling north of the plant site, and in Terrill Mill Park and City Park, Identified deposits not favorable for development of well flelde. The current plan for Iowa City's water source is to utilize the alluvial deposits on the proposed plant site and tha peninsula combined with water from the Iowa River withdrawn from an Intake constructed approxirruitely 1 ,000 feet north of 1.80. During times of high nitrates and pesticides, these two primary sources would be supplemented with water from three or four Silurian wells and one Jordan well. These wells would be constructed on the proposed plant site and the peninsula, Development of the Silurian wells would include the construction of Em initial test well which would become a production well lit a later date. The test well would undergo comprehensive pump testing to obtain Information on the Impact the City wells would have on existing private wells in .the areo. The pump testing would be supervised by the U.S. Geological Survey and the Geological Survey Bureau of the DNR. The final pumping scheme for the Silurian would be developed following pumping of the test well and analysis of the data obtained. The current schedule calls for receipt of construotion bids on the test well In February 1995 with probable completion In June 1996. Schedules have also been developed for construction of horizontal collector wells In the alluvial well fields and construction of the Jordan well. Sincerely, HOWARD' R. GREEN COMPANY Ralph J, Russell, President Howard R. Green Cooparty CONSULTING ENGINEERS "iC" 0" v.. ,1\ , '.. .- ~ '...........UIU...J ..~r3~ -.:.. " .. ",' 0:. .'" """",). ~' , \',~~~ ::," ' . _...h n ,', \ ~' . ,~ .'.-- .',' r , I '!i, I:d. . ,t~!~,,01.' \ i '. \~' ," \\1.', .. , , , '. . " . . ~ .,.,~,.,' ."" ',_', ~ ;d',.."', ___,' '._". ".'.., ,~, ,,., " From: Dave Elias, Superintendent rrr. ~ Date: November 30.1994 To: Chuck Schmadeke, Public Works Director I.e. Wastewater Div. Re: Wastewater Alternatives Considered :> In the spring of 1990, neither was all the concrete dry at the new plant nor the ink on the new permn, when the issue of further treatment (ammonia removal) was raised by the DNR. At that time we began to think about how to eventually satisfy these new requirements. Wastewater facility projects, by nature, involve two distinct types of infrastructure -the collection system (sewer pipa) and tho troatment systems. These have often developed independently of each other in Iowa City. Recent projects have required major improvements in both, however. Our decision on the proposed Wastewater Facilities project have been made after conSidering many approaches and alternatives. The fOllowing information Is a review of the aUematives considered to--dale. Pipeline Work The proposed project includes a large interceptor sewer and several sections of relief sewers. The sewer collection system has been evolving In a steady direction since the late 1970's. At that time, Veenstra & Klmm Engineers performed a city wide sewer system evaluation. In the 1980's, Metcalf & Eddy independently reviewed and expanded on the earlier work. Metcalf and Eddy utilized these long range sewer system plans to determine the size and location for new lines and also the new treatment facilities completed in 1990. . C'" ( ~'\ \1, .~~ '('-I( \J , 11 I' I," ' ' I, i i , " II ii"! i !I ; I , i i , , " ' ::r ! I" : I I : I ! \ \ . ~~'~' . , !ifl 1 HR Green was used In 1993 to review basic collection system potential and In 1994, Stanley Consultants has considered the existing facllities and the existing outline of needs, to produce plans that will serve as a major plece in the City's future coliection system. Recent Conection System Construction Work: 1989 , 1989 1990 1990-94 1996 2010 SE Interceptor. to South Plant Benton Street Interceptor NW Interceptor Sewer Trunks & Repairs Proposed So. River Corridor Future SW Interceptor $ 9,000,000 $ 1,000,000 $ 700,000 $ 1,500,000 $25,000,000 $ 7,000,000 TreatnMlnt Plant Work: Treatment Plant facilities were first constructed In Iowa City In 1935. These facilities were designed to treat organic waste with a biological process. The 1935 plant has been upgraded In 1965, 1971, and 1990, to reach its present capacity of 9.4 mgd, In 1990, a new South Plant was also completed with 5.0 mgd capacity. WNTo. attematives, 11-3).94 ~''lO \(-~_. o~" --, _._ '-'~~- .~~~ ):. - o ~~ ~. , - 1 /11 ,... '" ~ ~ ii ~ ; ~ II ~ n 10. ., ;~~~ " I"~, , .. . '. ~r; \'i ," '. ',' ~ ". ,"' , , . . ,_', _',~_~~":.:':'""",_""",,_,,--,, ........' Y'"',;''~A''''' ........,"~."..;_,~, ..~..~;"'h _A.~.,_,__,_ .,_....._~_ ,.. '.j'..,", ".".~""..,..,..._,";'^,", ..,,__,...__._.,A, , The focus of the proposed project is to comply with ammonia removal requirements, Several treatment process possibilities have been evaluated by City staff, with the help of a number of independent consultants. The evaluations have been done over the past 3 years or so with various cost estimating procedures, The final recommendation has resuned from a progressive process of elimination. The fOllowing list describes the various anematives considered, some have been conventional, others have been rather unconventional: A. Many Activated sludgefTrickling filter biological treatment process configurations were evaluated, in combinations at the North and South plants. .' . North plant work would require major renovation of exlsting structures . new North plant construction would be more costly on the cramped site . the North Plant is susceptible to flooding . the South Plant site has been designed with open space for expansion . some South Plant plping and vaMng for expansion Is in place . the South Plant is isolated from densely developed areas B. Utilize breakpoint chlorination to chemically oxidize ammonia i . requires low capital investment . requires high operating and maintenance cost . high risk potential for community C. Wetlands Treatment of Ammonia J~' c--y \. .~i "'f ~ ! i' : I I , i , JI ! I ,',' I' I' I 'i I' I' , , I I , I 'r' I 'I"" I i "! J~ ~ ,~~. ,.: . requires large land acquisition . high construction cost . national expert projected incomplete treatment in winter months D. Tree Farming for Nitrogen uptake . Lou Ucht evaluated South Plant site, determined lay of land and high groundwater table would preclude this process From these anematives a combination of items A and B emerged as the best approach. After making that selection, several possible process configurations where further evaluated. These Included: . use of breakpoint chlorination to supplement biological treatment at one or both plants . four different biological processes uUllzing Activated sludge and/or Trickling Filters at the South Plant . river dlffusor pipes to provide higher dilution, reducing treatment requirements },' WWTo. a/lernatlves, 11-3).94 2 1 " '. ~~r..;:; r' ,,', "0',',', " .' I;' :.:~, ? 1....-......... :c~~",. ----,..,---,------ .'-..'I'L.T1_ - _.._~ ,0 '.r),I' ~''t () I ,.:'5 10, .,A..,.. ' , ,..:..,.:" .......... .... " y:: r ;\ (1 \ ?i1!I t7'l I ' I ~ ' II I , I r' , ~I.; " , ,: ".I \J~ , I !' ,,' ."<: .'~G ,. 1" \":, ' "''', "'t. , "': \.~!,;. ,~ . . ~ . ..... "',' ,::'" ,.. '" \ ' "'., ~:, " , ".": :,~_.i~~~~~I_'''_'.'~4~'~~'_'_'_~~:~_'_~'''~.'_~~_'~:L.~~,~_,_., . -- .. ...,-,.,..,-.-._.......~~-. ,._~."_.-_.,-,,._._-_.~--_.-.--,_.'- ,,_. , The final plan selected includes the following: Phase 1.1998 completion Total. $42,880,000 North Plant $ 487,000 . reduce flow to 5 mgd max . no major biological process construction . utilize breakpoint Chlorination as supplemental process - projecting this need for about 35% of an avg. yr. . transfer 5.5 mgd to South Plant . achieve nitrification with existing plant under low flow warm weather . retain operation of Excess Flow facilities for storm periods Interceptor $ 25,712,000 . provide line between plants . includes intermediate pump station to reduce depth of excavation Relief Sewers $ 753,000 . provide high flow relief for Highland Court and Sandusky areas (flooded basements in '93) ~ I South Plant $15,928.000 . add 5 mgd of capacity . add activated sludge nitrification . add diffuser pipe if needed In 1998 Phase U (10-20 years later) . decommission North Plant biological treatment . retain North Plant Excess flow process . add SW Interceptor . expand South Plant to 18 .20 mgd I' , ' I WWT[)' alltmatlvot, 11-3J.94 3 \ i ,I T"TrT- - ~- ~''tO ',1,','0"."" .X "" ':1""; ,.t:: l ;,) , ',0 " '. ,"\,},',"\' ".', "',i' ":_~y~,r:~,,:":, /'. >i' """"',,, ;'" -"',; ". ,mriill . i'i " . ~ .~t : \' " . "," , -, . ~, , -. . .":', -,:' ...",: ~.I.,.: lOW A CITY WATER DIVISION MEMORANDUM Date: 11/29/94 To: Steve Atkins/Chuck Schmadeke From: Ed Moreno Re: Iowa City and Cedar Rapids Water System Projects Similarities between the proposed Iowa City and current Cedar Rapids Water system improvements have been mentioned in recent public hearings_ In this memo I would like to clarify the similarities and distinctions between the two projects. IMPETUS ~ The decision to build a new water plant in Cedar Rapids arose from problems the City experienced during the drought of 1988-1989 when they were unable to deliver the quantity of water demanded by consumers. Mandatory water conservation efforts were implemented and it was discovered that the existing water treatment plant had bottle- necks in the treatment processes making it impossible to produce the designed capacity of approximately 51 million gallons per day (mgd). A new water treatment plant is currently under construction at a location south of town. The design capacity is approximately 20 million gallons, This plant will function in conjunction with the existing water treatment plant offering the capacity,and redundancy necessary to provide Cedar Rapids with water into the future (20 mgd modules as needed). . ~- Iowa City The decision to build a new water treatment plant in Iowa City arose from problems experienced with water quality (healtll and aesthetic) and capacity. Nitrate violations in 1990 and excess levels of nitrate in the drinking water in 1991 occurred as well as turbidity excursions. Water quality issues related to trihalomethanes, cryptosporidium, herbicides, pesticides and tastes & odors continue to concern Iowa City consumers. In addition the flood of '93 nearly shut down the water treatment plant. The maximum capacity of the proposed treatment plant is 16,7 mgd. .... {.t. Both facilities will need to continue to monitor and adjust to meet expected new regulations associated with the Safe Drinking Water Amendments of 1986, Disinfection By-Prodlfcts Rule, Information Collection Rule, and Enhanced Coagulation Rule. Cedar Rapids was in violation of the Lead & Copper Rule and is currently addressing this through the EPA. I l ~. -. ,1 l:: " 'vi ';l ~t: ~ ,<<.\-\ {( .~ - l__ 0 ,'O,_),'i' ._~ ,.' , I<D , I I:.e.., aO, ,...:' lJ U , ~;s:;:s:m f C~'\ \ ' \ ..... r,"lf";'~ , ! . 0' I 'f : I'" ! ! I ~!~ > 1:-~ ~~ L.~ y---= :\L___~,_ ;"j ',~tw,. ..:. ", . " \ ~' . , Page 2 RA W WATER SOURCE Cedar Rapids Cedar Rapids draws it's raw water via shallow alluvial wells along the Cedar River. The new treatment plant will be supplied by new horizontal collector wells also located in the alluvium along the Cedar River. This is the primary source. A river intake is available, but is not used. Iowa City Iowa City currently draws the majority of its raw water from the Iowa River. The proposed new plant will draw it's raw water primarily from new horizontal collector wells along the Iowa River (approximately 7.4 mgd). Silurian aquifer wells (approximately 1.7 mgd max. capacity), a Jordan aquifer well (approx. 1.4 mgd max. capacity) could be used to supplement the supply with the remainder being supplied by the Iowa River (up to a capacity of 16.7 mgd). In addition, a sand pit pump station is proposed for special demand needs. TREATMENT PROCESSES Cedar Rapids Cedar Rapid's treatment process includes aeration, lime softening, recarbonation, filtration, and CT disinfection. Cedar Rapids has not experienced problems with nitrates from their alluvial source. Residual solids from the lime softening process will be stored in lagoons on the plant site. Iowa City Iowa City's proposed treatment process includes aeration, pre-sedimentation, lime softening, recarbonation, granular activated carbon filtration, and CT disinfection. The pre-sedimentation and granular activated carbon filtration is necessary to treat the river water for turbidity, herbicides/pesticides, and other natural organics. Nitrates will be diluted by blending the well waters. Residual solids from both pre-sedimentation and lime softening processes will be stored in lagoons on the plant site. CAPITAL IMPROVEMENT PROJECT (CIP) COSTS ~ The estimated cost of the new treatment plant for Cedar Rapids is approximately $22 million. In addition there are improvements related to the distribution system and development of the horizontal collector wells. The total CIP costs for the treatment plant, distribution and raw lines, and source development is approximately $40 million, Cedar Rapids Water Department is projecting $68 million worth of water CIP costs in the next five years including the $40 million. t.' IIUU"II-_" - '~o ), -- .." ~\~~ \ ~i I '''I " ,," ~. i I ~ r 11 Il1 ", ,~ .'l ~ .','" , " r" .\ ...."""".:.1 \ \ \\ ') ~~ (........ " , , ~ i I J , i I I I I I ~" I I" I \ (1 ~..:.~; " (: y, '- f', .. . '.','" ' ..~\\"t-!. " . '~' , ,':' \ '-., . . , _" ,.. ...,..:.~'.~.~.:."'""'.....,,.,,_'.....,~.......___......',., ....~,........,'J.,~_..__"_,~..;'~'.._...__.......:.-_,:... _,._.._':~__":",,..~.___ . Page 3 Iowa City The estimated cost of the new treatment plant for Iowa City is approximately $30 million. In addition there are improvements related to the distribution system and development of four raw water sources. The total CIP costs for the treatment plant, distribution and raw water lines, source development, upgrading of existing groundwater storage tanks, acquisition and repair of the Iowa River Power Dam, and construction of a new pumping station at the existing plant site is estimated at $50 million. The Cedar Rapids treatment plant is not designed to treat river water and does not include administration offices or laboratory facilities. RATES ~ A historical summary of the water rates indicates that no increases occurred between 1980 and 1989. Since 1989 there have been rate increases every year. From 1980 to 1994 annualized rate increases have ranged from 3.47% to 5.14% in a declining rate structure in the different incremental steps (see attached chart). Continued rate increases are projected into 2002 ranging from 3% to 10% annually, Iowa City A historical summary of the water rates for Iowa Ciiy indicates that no increases 9ccurred between 1981 and 1986. Rate increases averaging 25%,10.65%,5.25%,16.4%, and 25.8% were made in 1986, 1987, 1988, 1990, and 1991. A declining rate structure has been utilized, Rates across the state vary considerably depending on the raw water source and it's respective treatment processing. Muscatine, Waterloo, and Cedar Falls have relatively low rates due to the fact that the treatment process consists of only chlorination and fluoridation. These communities are situated over clean plentiful groundwater sources, Cedar Rapids has the Cedar River alluvium that is capable of producing large quantities of good quality water that requires less treatment than the proposed water sources of the proposed Iowa City plant - specifically the river water component. SITE ~ The new Cedar Rapids treatment plant is located on approximately 80 acres. On this site is the plant, storage tanks, and sludge lagoons. Raw water is pumped to the plant from the Seminole Park area. ~f\'t' it[ _~_~~ .,-- "~--~-, ,. T_ ,,' O~)\:.H " Jp :,';.' , ~. " - r' r' ! 'J .' ,i "-, , I I 10, '""\-,' ... . ":',, "..-.,. ::, '<:,~t~'.', i . ,~',; ':* " i I' . . , < I ~':' ., .' ~ , "',; '."-.,.... )' I ;',~;"".~' . .'... . , ", ,\ . '. ' . :, ~. , , ' ' , ' ~-'lJ.c.!;;:~>,J".~_ .,.'____.__.'..... > . "'.~'~'::':~'__'-'.'-J.,;..._.....__...:.~~..:..~___.....:,_~; "':':4~~_~~_..:...:....;.:..:..;.~L_.__, _ _. .....'_____._.~.._... "~.,..,,___.A '..', ". I '. Page 4 Iowa City The proposed Iowa City treatment plant is to be located on approximately 230 acres of which approximately 100 is in the flood plain. On this site will be the plant, a river intake, two Silurian wells, one Jordan well, two horizontal collector alluvial wells, a sand pit pumping station, storage tanks, and sludge lagoons. The site includes the plant and a significant portion of the raw water sources. ) Please review this information and as some of it is of a 'water treatment' technical nature, feel free to call for additional clarification. " -:'-:- f:iccrcw.doc r r,~ r~ \ ." ,~ (,''7''l!l r 1 , , , . ~ I .1', I I I I i I i : I f~ i Il : ~ , ,'{, ~,.I',' '1/ ~, l] . _ ,1 1_ 0-, ~ ~--- "">'-' ',,',,' ~ ')r;"""':\'" 'J,':, .-"" ,,'O,:',ji;';,.' \.. ~l\L\\ "'" "".,...,:.I.~.'5:10i ( "', o "",;' ~rr;~! ,:' ; i en ~I ~ ~ 3= ~ ~ ~ ~ ~ 0:: (J ~ ; ( ,-' (.'.1 i ! , Ii j I , i ~..r , ,,~ ,I ~:",'~'l.. 1'1 ;\' f~ . J {["o ":_ . i"j' , . ." :. ~ '-\ I. I ".. .. , . .. , , -, ~' . , .'.'''~ ~,l_,":_,- .._. ..,~" ~..,_.._ , ,. '.h._'_.'_."'. .,.....',..""',,.',.'_~._...,...__ _.., .. -'''~---'.'''.'' .- ,.., ~ '- C) <. ~ .,. It) ~ Q 3l !$ .~.,.; 1!2 ~ z ~ .,. "'1!Z!CI) g: Gi o ~~ ..,.;.,..,..,. ~~...~... ~~It) ~~~~ i ,m mm U; 'j Ij ~U U N u 1\ ~ r:::, r:::, <S"" ;- ~ 9 ffi fI ~ 000000 0008008000 00000 [ Q ~OOQ'!ogo'!o .0C! .,!ooggooooo ~)-~II) ooddOd .dododoooddddddddd 00008oooooog0888ooooooooo .000.0 000.0.. .000000000 ':)1 ~o ~ g ~ 2 ~ ~ ~ g ~ ~ ~o g g ~ s 0 0' r-: d' d' ~ ~ go' C) 0 I~ ~~ III r-- 0; '.1 .,. 1lO It) ... 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".' ,,,- i.....,.:,..,', ',.L ""';~:.~ ';';':":.";'-.;.' ill_ ;::'.L;; ~ ~;:~~::. )I~ ~at~~~~~~ 11l tl ~~":I':".~~"': c g C"I"'IlUIC"l"'~'" ~_iiS! ie ~~~.~~~~~ r"" ~ ~ a fHUH~ et:: /:~ U=.~~$m / ~~ gg'gggagg , ,,,'" .- t!. i / I l U al >1'01 ii~ ~, w,.. ..OlOlC"lOl/lOlC"l COCOCOr-I'-Ull/ll/l gggggggg al >.. ii e! ' ~~ w,.. C"IOOl/lNCOC"ll'- I'-COCOUlUll/ll/lV gggggggg Gl COl/ll/lOl'-C"ICOC"l ~g ~f'o:t-:~~"l~~ tS... 00000000 ,S!~ ........................ ...,.. w al NNI'-r-r-UllOO .l!:0l UlUll/ll/ll/lV'<I'V tS e ...,.". GI~ aaaaaaaa w,.. ~ ~m m';:Ii ;?i ;?i ~ ~ ~ tS;:: oodddooo ,S!... ........................ ..... w" B," .-Gls' Gl ... C. GlGl(/)~ aU.- alual VI-C,- ~.cGl~ ..:Ie GlO~ "'0 .;I ~O >.....5 l/l0l/ll/l000 ..C"Ivr-l/ll/lO 1'011'-0 .. ..Ul..UlUl......O ..C"I..,r-l/ll/lO. 1'011'-0 .. . ~ "," ,': ,'.."-,'.-,-,. '.'..-,-".''',',.~" iii c .5! iii a co t! .. o ... GI ! u jj B o o .. o ... 1: Gl iii ,> '5 g In - .. j ... o ... 'E ~ Gl C o ~ - o Z ,= ~~ _.~~ r ''f -,,'-~_,o~~)~:, ."" , " " .. .'._"'--'~"", i rq ~ ~ :z: ~ f" ... al D 111 Q, l I I C) I I ~ ~ , ~ It t: ~ ~ " I ~, :~~ ~~;5 ' i 0', -.".~-',.. ., """ - ,:':'j" ,"'" ,. . ,~7lI, ' ' " .,..>j,.-: :' , ,- , , ''',. 'r, .> ~......:.. i' ,.\',' " r-'---~;I '\\ . ':~ I~r'" ,/ , '\""., I Ii, if 1 I.' . I :: i "II' I II (",-. .' , ,'. , ',A">'i"'<'" ": ,J'-\I:.. ", . , ....... " , ~ ' '("'-. ,'.' ..' i,' . ., .""" .'..,........ . :....:...:..~~~...'"-n'... "'_............__..."._.._., "-"_.......~~~~..__ ~ __...:...~~ _'~ ~~_. _.. . _un __.~_.._ ,UW 4 V,..... ,- ---. -' _ ----.-...,,- .. 2/1/94 WATER RATES . Ollt 01 Rlt. Inmllel % Inerltll Jun-81 1.00e.81 %IMr. I.Sep.86 '!olner, Hop.87 %IMr. I,SoD.88 %IMI. 1.5....90 %IMr . I.S....91 %IMI. Minimum 200 2.60 2.60 3.25 25.0% 3.60 10,8% 3.80 5.8% 4.15 9.2% 5.30 27.7% Nut 2.800 0.56 0.60 7.1% 0.75 25.0% 0,83 10.7% 0.87 4.8% 0.90 3,4% 1.10 22.2% Noxt 17,000 0.34 0.36 5.9% 0.45 25.0% 0.50 11.1"- 0.53 e.o% 0.65 22.8% 0.79 21.5% Ovor 20.000 0.30 0.32 6,7% 0.40 25.0% 0.44 10.0% 0.46 4.5% 0.60 30.4"- 0.79 31.7% 2nd Moltr NDleo ND 101 No lit NDI.. .. II 1.10 , ' Monthly Mln./ Motll Size , 518' 1.10111 ND 100 2.60 3.25 25.0% 3.80 10.8% 3.80 5.8% 4.15 9.2% 5.30 27.7% 3/4' Moter No 101 3.00 3.75 25.0% 4.15 10.7% 4.35 4.8% 4.75 9.2% 5.80 22.1% I" Molor No 100 3.50 4.40 25.7% 4.85 10.2% 5.10 5.2% 5.80 9.8% e.s5 22.3% 11/2" Motor ND 100 7.00 8.75 25.0% US 10.3% 10.15 5.2% 11.15 9.9% 13.85 22.4% 2" Moltr ND 101 9.40 11.75 25.0% 12.95 10.2% 13.60 5.0% 15.00 10.3% 18.35 22.3'10 3" Moler. ND 100 17.40 21.75 25.0% 23.95 10.1% 25.15 5,0% 27.75 10.3% 33.90 22.2% 4' MOlor ND 101 30.35 37.95 25.0% 41.75 10.0% 43.85 5.0% 48.40 10.4% 59.15 22.2% 6" Moter ND 101 61.10 76.40 25.0% 84.00 9.9% 86.20 5.0% 97.40 10.4% 119,05 22.2% .. Note: Socond motor chorgee wero ,:m' 01 filiI molol, until Soptombor I, 1991. I ,I' . ~''t' . Q~-, " ,! 0 "r\,., " , ' ~- " ='_ .. _ 2 r: -2 .... 0':2);:. " ,'::"'"",' :\':. , ,', '..)# , ,.',~~"" ....----1'''',.:'',..". j t.: , ,1-,.) " 0/ "',- ... "".."",~>, \ '. ,,"'" ',... .,n, ;~~r..t:!. -,," . " '"." ) '<- - ,"~ l' (~\ \, ~ T~-' , , , i I 1"' II ,i I : ) ! I , I f.' I'" , I" I ~~d! "" :r " , ,,' ,t'~~,k~",",,"," ' r~"Y , tl'r L...... (C' ,! 0 i\ ~u_~____ .' ,'"I. . ";F\'I,. ". , .' .> . " , . , " '~", .' ' , " , -, .._ "._'_,"'.'~"~'~. '~." '''~''M~'___'.''W''''_'~_'~'~'__'~ ."-"~~"""'_'_,_._ _, . IOWA CITY WATER DIVISION MEMORANDUM DATE: 11/30/94 TO: STEVE ATKINS/CHUCK SCHMADEKE FROM: ED MORENO RE: North Liberty Wastewater Effluent Discharge To Muddy Creek The North Liberty wastewater (WW) discharges to Muddy Creek. This creek discharges into the Iowa River almost directly across from one of the proposed horizontal collector wells on the proposed site of the new Iowa City water treatment plant. (see attached map) Through a conversation with Ralph Turkle, Iowa Department of Natural Resources, I learned that a Waste Load Allocation (WLA) calculation has been perfonned for North Liberty WW based on existing conditions. This means without regard to the proposed Iowa City water treatment project. North Liberty has submitted a compliance schedule to the regional office that identifies December 1994 as a submittal date for a I Plan of Action" to address WW effluent violations of their current NPDES pennit. They have not been issued a new NPDES pennit. Muddy Creek is classified as a General Water of the State. The Iowa River at the point of entry is classified as a B stream. Both are protected for aquatic life. Through the Iowa City water project the Iowa River at the location across from the discharge of Muddy Creek will be reclassified as a C stream. This will require a water that meets Fecal Colifonn and other pertinent drinking water criteria, The current WLA calculations allow North Liberty to discharge WW to Muddy Creek after perfonning only secondary treatment for flow rates of.53 mgd (dry weather) and 1.33 mgd (wet weather), The reclassification of the Iowa River to C may require additional treatment and increased monitoring for drinking water contaminants. North Liberty's volunteered compliance schedule identifies August 1996 as the date of compliance through upgrading their WW plant. I have drafted a letter to Darrel McAllister requesting a recalculation of the WLA based on our proposed project. Please review this infonnation and if you have any questions feel free to call. f:nlibww,doc - ~.' .__ nn~I_~~ -v-- _o~_J..:':, ... - ~'lt~ " '\ '. '1' .' ~,' ~" I I 0, ,_:..~,; , '- 'I, " , , . ' ":",",\r:",':;",' ',' , ,.IV\", ':.. i,.:',:. ..'....___, . j~~;r;i:.-,.,:',:..: '.'; '" .> "'1 ;,'::>., ,~'~;; , ' I' ' ".,":,;"':::, ,.' .',:,~;'>', ~:' " .,C..Jl_.__..._".......--.....i.~H_.__.__...;._,__..---..__.:...--.___,~u.. : ' _,.. .~....._,_a'+..___......:..;__,.'U_.__._..._:_____". '__ __ ,._._,,"' A " -',:>,..', : ,., '. ~: ,:'" .':'., ~' ~/ / . IOWA CITY WATER DIVISION 410 E Washington Iowa City, IA 52240 Thursday, December 01, 1994 ! ",~..... PROPOSED IOWA CITY WATER TREATMENT PLANT INFORMATION fublicJmlited -', FOR IMMEDIATE RELEASE Contact: Carol Sweeting Iowa City Water Division 319)356.5164 D I ,....."r ~".., ('j \J, :~ ~ rT' I I ' , ~. Carol Sweeting, Water Division Information/Education Coordinator will be available at the Iowa City Public Library on Saturday December 3, 1994 10:00 am to 2:00 pm. This is an opportunity to look at all aspects of the I' I I' . , ' , project, gather information, and ask questions about the proposed Water Treatment project. I r;, ~L~ '. ~,q~ Co ~, '.'" ,-~ _~=~l~ "'2)' .'0 0:<';;,\ .", ~'"".,.,',/',,':.:':' ~\ ,'do --'-~:5' \ ,I [j, '" ':"""~':I '~''- ,',..,'.. , 'J~J.~\ "I,' " l:,.' OJ" t" r ~ -- \\ A (T I , , 1< I 'I I, , [I', I" I , ~j " " (- ',;, " :;:l: "",'::\,.",' .,;:..t;"li' ,,' ': ',~ '~.:,.:,:. ',: ;', " :.....' ,.,...'.,',' "',', I'"~ '. ;, ;' .',.,.-~....,_':,~'iii~~~~~,~;;',~_;~~~....~L;,~~;~'~<~.~i~;~'~L.~~:;~~;~.~,;;2.._~~:~~.~.~""''',,,,,,,,,,--,~~~::,,,,-_..~~-,,:~.~--_.'_.~_~:._.__. _~_, ,,,~:_'/', City of Iowa City MEMORANDUM Date: November 29, 1994 ; To: City Council From: City Manager Re: Radio Maintenance Contract During the past year the City conducted a Pilot Maintenance program for the new Ra- dio/Mobile Terminal System, primarily used by Police and Fire Departments. As the new maintenance program anticipated, the City saved approximately $13,000 in maintenance costs and required no additional staff. A maintenance agreement was established to pay actual repairs on non-essential units rather than negotiating full service contracts on all 550 units; equivalent to $60,000. The existing half-time Equipment/Buyer position monitored the account. The savings is equivalent to the annual base salary for the position, ~." .... The Public Safety Radio system has performed well and was the main point of communica. tions during the six hour telephone outage November 19, 1994, b~rad'o '.. 0, - ~- .' '--:; , ,.._..-_3'~~r""" . ....1'\ .,:",:,,;:,,:';':O"}>';,:.','. "/\'~': ,-,;'. ','">".',, ";:':"':",,;,' :" ' "",)" "." ,,/5,n ., "":" ",,~ __)~:l);,'>. .' ::." ,,.,i,; "': ,', ~ ,lJ:/ '- · '~V~ --T- . . ^'~;;r.t:a j' " .> . "1 "\i' . ", , , .".. ~' . :~ " ,_..,..,',.~....- ,..." .~.,.,--,. .~. '-~'."'._~ '..,~'. ",,'.- ,"',..,..',. .,- ,. .... City of Iowa City MEMORANDUM Date: December 1, 1994 To: The Honorable Mayor Susan M. Horowitz and Members of the City Council From: Linda Newman Woito, City Attorney Re: Partial Litigation Update; successful ruling and new lawsuits 1. Nathaniel L. Buros v. Citv of Iowa Citv. et al.; Federal #3-90-CV.70138 Burgs filed this action, among several, in December 1990, claiming violation of his constitutional rights by reason of an arrest in February 1989. The case was tried in a courtroom located at Ft. Madison State Penitentiary November 2, 1994, with Assistant City Attorney Anne Burnside representing the City and several named police officers. Congratulations are in order for a job well done to Anne and the police officers in question! As you can see from the attached Order and Judgment, district court Judge Vietor ruled that the City police officers did not violate Burgs' constitutional rights in any way whatsoever. I 10 We were always confident that the City would prevail on this case, and we are pleased with the results of this trial. Again, congratulations to Anne and the police officers for a job well done. 2. James P. Glasoow v. City of Iowa City. Iowa; Equity #55B95 (Glasoow I), permanent injunction) " (' By ordinary mail on November 28, 1994, I received a copy of a "petition for temporary injunction" from the plaintiffs' attorneys. Since the petition was never served on the City, the "temporary injunction" request has no legal force and effect. , , Now that Jim Glasgow's condemnation is complete (.45 acres), his injunction action is moot. However, there is still an outstanding claim of "illegal use of water fees" which Sarah Holecek and I will continue to vigorously defend. ,~ (J , I I I , , ! I [ : I 3. James P. Glasoow v. Citv of Iowa City; Equity #56149 (Glasoow II) , , I This is an action filed by Jim Glasgow pro se, meaning "on his own" and served on the City December 1, 1994. As you can see from the attached Petition, Jim Glasgow claims that he owns four acres adjacent to his home at 3291 Dubuque Street; that this four acres includes' approximately two acres of forest or "woodlands" which cover a total of about 50 acres; that the City is proposing to remove said trees, which should be avoided by some "alternative site plan;" that the City should be ordered to conduct an environmental impact study of the proposed site; and that the City should be enjoined or barred from proceeding with the City's proposed water supply and treatment facility in order to avoid irreparable injury to Jim :- '. ,,:,1.'1' ~' " I'J ~ ?'\, ~ C\f.\S- ~~ ~o. c-'o - :'~~_ m ~ ,__ - - - ".~ ,--]:;> I }r.. 'J ",J _':",~.:I' ""(' ~.- )J:il~ ,',.,',J;' '. , I .' , . ' ,:':;;~':~f\~\:i ,. .,.::. . ',.'..'.-,'.... .;; .-",,' " ",I '. , " " " ,', . . ;,.,.. '., i , , , I I I , I I j j I I " ~,.'~~ ,~;.,...~~3~.:~L"..~"......"'.~~~,..~_.2'_..,,~:,...~.~;~,..~.....,._:..;...____~_._~_M~.....:.:.:~~~..A'.......,.,,',. '___~M._'......_..,,~~,_'~_.:_n._.. _. 2 Glasgow, see attached. Since this case is very much "tied in" with Glasaow I, Sarah Holecek and I will be vigorously defending the case. As you know, an "environmental assessment" or "environmental impact study" cannot be triggered in the absence of federal funds, This lawsuit seems to be another attempt to distract the City Attorney's Office from carrying out the charge given to us by the City Council, but to no avail. 4. Update on Condemnation of James GlasQow. S&G Materials and Washinaton Park Partnership I have already reported to you, under separate memoranda, the proceedings completed this week on acquiring the land necessary for our "first step" in this 1 DO-year long process of providing a new water supply and treatment facility for our citizens. I have spoken with Bill Meardon, attorney for Washington Park and S&G Materials, and there is no decision, as yet, as to whether they will appeal. I have not spoken with Jim Glasgow's attorneys, so do not know if an appeal is imminent. , David Brown and I will likely be coming to you to discuss litigation strategy concerning the condemnations, in executive session. Since each side has 30 days within which to appeal, such executive session will not be scheduled until later this month. * * * * * I trust this will be of some assistance to you, but please do not hesitate to contact me at 356.5030 if you have any questions. Q 1 c " \ ) cc: City Clerk City Manager Assistant City Manager Public Works Director David Brown, Outside Counsel Sarah Holecek, Assistant City Attorney Anne Burnside, First Assistant City Attorney I , , , I I i I, ,,,,", .;,;~~ Attachments momos\updala,dllC i ,~~ II II [I I ~\ l(, ~' \ ,~. ..., 1'1" "', , ~ Ie o,~~.-':: ',.1 '--~' .~"~ , ,"---I", ',' ,"~---,_.- j"""'" .' ,.' . ," ,", ',,' ' ",:,',O~;'-1)'::,', ~ 9 'is' d. ,::;\,~..q):,::"".,\: ":''''~'':T:''';>' '" ," ,is, lIt ,', ". ;f.,;.l~'l" ..:' / , , ~, r c';'" ,', 1 \.; ,~ ""I' , 'I " I i I : I [ I p, i i I j "~__f." \~.~.. , , .' ,', fi ,. . ,::",' ',....\"'." , .A\\\:,' . '..~' '.. .' ., . ',' " ':", , . ~'... : , ~ ~_j:~~.:...,_ ._\"...~...._..,~.._ ...~,'-.......".....'_'r. ..~,,"":.: ~~___ __._~ ~:_:.~ ..;_~._~,,__ IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF IOWA DAVENPORT DIVISION r,' Fll.EfJ ~.: IJES ~WI1iES, IOWA 9~ NOY 23 PH 12: 07 NA'l'HANIEL L. BURGS, * * Plaintiff, * * v. . * CITY OF IOWA CITY, IOWA, et al.,. * Defendants. * ('I , l'Ot 'I" '.~, , "'~";';!', ,";':','-:I~r CUURT SOU,il~il,/ vl~I;Bcr OF IOWA CIVIL NO. 3-90-70138 FINDINGS OF FACT, CONCLUSIONS or L~W AND ORDER rOR JUDGMENT This is an action brought by plaintiff under 42 U.s.c. S 1983 against the City of Iowa city, Iowa, and some of its police otficers. The case was tried on November 2, 1994, in a bench trial. Plaintiff was represented by Charles H. Nadler and defendants were reprelented by Anne G. Burnside, Assistant City Attorney for defendant City. In essence, the plaintiff, an African Amerioan, contends that the defendant City has a policy, custom, usage and practice of arrestinq African Americans and other minorities without probable cause, and that on February 24, 1989, defendant officers stopped him because of his race without reasonable suspicion and then arrested him without probable cause. Plaintiff asserts that this alleged conduct violated his constitutional Fourth Amendment right to be free from unreasonable seizure, and hi. Fourteenth Amendment right to due process of law and equal protoction ot the law. Plaintiff seeks declaratory relief in respect to the defendant City'S alleged policy, au.tom, u8a~8 and practice and money damages a~ainst the defendant polige Officers, as well as reasonable attorney's fees , and oosts, rXWINGlS or J'ACT The events giving rise to this aot~on oocurred early on February 24, 1989, in a neiqhborhood in Iowa city. In the area involved there are two east~weBt streets, Collog8 and Burlington, ~,~s v~~~a -, - 1:':".'.,',., !...' , '\ ~: .. ' , "t}:':':'" ' '."''',,' "','::"", '('= ~...."'I.l,- , 0 . '~ . I".~._-- '0 " . "'-'" , ,~;I, ' \', ~' ., - 1 , j , , ) I I 9 I , , I I I' I T ' }!;, , ,t ..,J 10', '-:",;8,\ '1,' ~l!ll,.," " "":,-",,, ."',.,,. ,,' . , ,:',: )t\~'r: l~' ",:':"".. " . .':~' " \:<:""" " , :."f' , " , ' f" " '.','1\',V.'<:....,.,'._,....... " ~~:'~~,~~2~~,.'"....~-':-.,~_~~:..~_~.,_._~~. ,~:~.~_._~::M._.;'~~...~':_~,~.. :;~;:..:~,~_~_.;__. ~,.,...~...__._,..~"'_..h ._~_u~____. - ' Ij :):/ : ,~ 199q united states District Court SOUTHERN DISTRICT OF IOWA DAVENPORT DIVISION j~ <~~1 (~i FIll!-l, .. I,n~ I '. ii'" .;,.itL1 ",' ',.. i-/zt.l\\ '.:~: ;:C',' 23 ;:,'; /: 17 RECEIVED CITY ATTORNEY'S OFFICE ..' '.' ,,- -.::' "'. ~ , .. .., -. "j. JUDGMENT IN A CIVIL CASE NATHANIEL L. BURGS, Plaintiff vs, CASE NUMBER: 3-90-CV-7013B "'" CITY OF IOWA CITY, IOWA et al., Defendant " Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict. Decision by Court. This action came to consideration before lID,) the Court. The issues have been tried and considered and a , decision has been rendered. ,,,. ~ r t \ .~ ~~......,., r. ! ~ IT IS ORDERED AND ADJUDGED that judgment is entered in favor of the defendants City of Iowa. city, Iowa, Kevin P. HeiCk, Brian L. Krie, James D. Steffen and patrick L. Harney, and against plaintiff Nathaniel L. Burgs; plaintiff's amended complaint is dismissed at plaintiff's costs. I ,'! , I I November 23. 1994 JAMES R. ROSENBAUM CLERK OF COURT :..4.-;.;1.-(...~/4 ..?'1('/.-~ Deputy Clerk i I II I f.; i.l ~ ~mCQlq'. .......,'...." '~QV /I-..;{.~'-,,~ IV - -I:d;~ , ',','1,<, ~ ; ~- f), IF o~- .'~ . ' , . .. , n... " , , . ~ ,', ,',' , -- -- ~' ~._. ,,'," , :J,..,,:,.., '0' ,,'.',,' ';ie:, ':"; : \-,;,/' ,:" ,,;~.\\ 1 "~U ..,:/:, ~ , lotS" '."....., .,'... ..~,."S' : 'I,D, ,'fl.i;'m , , ." '" ' , "1\\, .'.': , , d" . , '~...' , ,"' . ~. ,...., ..'" ..'. ',' .',' '~_' "." '" . H,'_... ,'.',',. ,~,,;, '; :~ ' , -, 1..1.:, .....;,1. '.1. )0.1.-;. lU::'1:'-':',j4-04.l.C 1"..Jv _.:'_ ._.....' l~'., .l..",J... r ,'.'_ ...'...'..... l, r -C'l \ \ \, ...~ 't .~! "( " '\, 'I'd , I' I" i; I' ' 111 11'1 I ", 'I I': , , , I ! I 'I I ' , :(' , wi : I ! :--\<e' ., ' I " " ~' r~l' .'/'1" .' ,;, !~~ I." W,l' '1 ~ ~' i\'irlr,'" ,~"" and six north-south streets, Van Buren, Johnson, Dodge, Lucas, Governor and Summit. This area is shown in a rough map attached hereto as Appendix "A." Plaintiff drove his 1978 Dodge automobile into the neighborhood at approximately -1:00 a.m. for the purpose of locating a friend who had recently moved to college street. He was unsure where on College Street his friend lived, so he parked his vehicle on Johnson street immediately south of College (D on Appendix "A") and left it with the engine running in violation of a city ordinance and a stata statute. He walked east on College looking for his friend's 1975 white caprice automobile as a means of finding her new address. He located her at 935 College Street (935 on Appendix "A") , whara it intersects with Summit, four blocks east of where he left his Dodge. He told her he would go back to get his car and then he returned to where the Dodge was parked. Meanwhile, there was another African American male afoot in the neighborhood, which had suffered some burglaries and prowlings of late. Defendant pOlice Captain Pa~rick Harney entered the neighborhood in an unmarked car because the police had received a report of an African A~erican male prowler in the neighborhood. captain Harney saw an African Ameri~an,male wearing a red stocking cap and a brown jacket on the north side of Burlington Street between Van Buren and Johnson (X on Appendix nAil). He thought the man might be the prowler. Shortly after that ne again saw the same person on the west side of Johnson just nort~ of Burlington on the porch of a house looking in a window. He judged the man to be about five feet, eight inohes tall and ot medium athletic build. He radioed defendant Officers Brian Krie and James Steffen, who were in an unmarked patrol oar, describing this person and instructing them to check him out. Captain Harney saw the man return to the sidewalk, light a cigarette, and when a marked patrol car happened t~ pass by, the man ran between two houses and up the alley to the east. The officers worked the area over but did not find th~ individual, I I,! 2 ~~Lt~ ,C. 0 - -- ,- -- - - o~ ). ~O, '1o r ,i :"'l " .,.. ;,:. ,'" l' ' 5~\f.&:li '''';';-''''',..,-,-.. .' f'l .' .. . '" . '~~ '.\ l.', '0' , ,,', ~ .', ''".. . .. ...:. _';__'~~~'::.__"'-+"''''.' "..,,'~~...."_~'" ,:,:.~. ~,;... "..~_'.".._'"',:'...'.~:'.-.., <"'~';'H._'..'_~'':'' ~ ~_:::~ .', ;', ~'L:,I, i"I, ;,1,;, ~.,. ...1.I,:.:.:,-_:,4-'=...~,:' ,... _:' ;.1... .. _''''_ I.,.' 0 '..",)4 .. 0')': " ,r ..l ('''''''' ~ \ T ;. I Ii , I , I I ri, " " ~,\ . \1 " \('~~ 1~' ~,'+S' 'I,,~, 5' ~ 0, Captain Harney then noticed plaintiff's Dodge parked with its engine running and nobody in it. He instructed Officers Krie and Steffen to keep an eye on the Dodge to Seg if whatever individual returned to it matched the de~cription of the prowler, adding' that they should stop and identify whoever returned to the Dodge. Officers Krie and Steffen, who had been given a deBcription of the prowler /lnd the clothing he W/1:;! wearing by captain Harney, parked at the eastern end of the alley north of and parallel to college Street between Van Buren and Johnson, from where they could observe the parked Dodge (P on Appendix itA"). 'They ob:5erved pldntiff, who is six feet 1 inch tall and weiqhs' about 190 pounds, return to the Dodoe and qet in it. They could not tell what he was wearing, but they noticed that he was an African American male. They observed plaintiff turn the Dodge east onto College street and they then began to tollow him. I Plaintiff turned south onto Dodqe street and then east onto Burlington. Because Officers Krie and Steffen were driving an unmarked vehicle and it is the practice not to use unmarked venlcles to make StOPSI they radioed for a marked vehicle to stop the Dodge. Defendant offioer Kevin HeiCk, who was operating a marked vehicle, responded to the call 'and caught up with Officers Krie and steffen on Burlington between Dodge and Lucas. Officers Krie and Steffen pulled over to permit Officer Heick to pass them to got bohind plaintiff, and Officer Heick thon aotivatod hiD patrol car flashing lights. Plaintiff looked over his left shoulder as he turned left onto Lucas street, and Officer Heick observed,.~im put his hand out and drop a b~9'. Plaintiff stopped on Luca$, a very ahort diatance north of Burlington (Z on APpendix "A"). otficers Krie and Steffen stopped their vehicle in front of plaintiff's, went to his vehicle and ordered him out. In conversation, they told him he was stopped because there was a pl'owler in the neil;Jhborhood who W4S black 1111\1 lll~, vldntift, was black. The subjective reason of Officers Krie and Steffen tor 3 - . .".' , . ~ T ~'L .'--' =-~_o ,,),., - ~ .t::. ", ,.. " r , ~ <1 LIS I/,~ ' ~o , , ,j~:W::Z,j ':tl,\'i., . \,- , , . ~ '. " '..'. :-: I~l ~ : ... ..,...' . 12:45 No,O~~ P.0d .', :0, 1H, LD: 515-2,34-0541.3 ~'IO,,' ~ 3' ':1.1 i: ( ''':'': [ having plaintiff stopped was that they wanted to identify him because they thought he might be the prowler. Officer Heick found the bag he saw plaintiff drop on the street. It was a plastic sandwich bag containing smaller packages, fi va small ones with a ". 5" written in the corner, and two larger bags with illegible writing in the corner. Officer Heick showed the bag to plaintiff, who said he did not know what it was and had not dropped it. A drug field test kit was ordered by radio from police headquarters and it was promptly delivered, The contents of the bag were field tested at the scene, resulting in a "positive" for cocaine. The officers then arrested plaintiff for possession of cocaine. He was charged with possession of cocaine, and because he was unable to make bail he remained in jail until April 21, when the charge was dismissed right after the state Department of Criminal Investigation laboratory report was returned indicating that the content of the, bags was not cocaine or any other controlled substance,1 Plaintiff's Exhibits 15, 16, 17 and 18 are computer printouts showing charges and dispositions of those charges against persons arrested by the Iowa city polic~. The exhibits indicate the race of each parson charged. Plaintiff's Exhibit 19, a copy of Which is attached hereto marked Appendix "B," is a summary of Exhibits 15 through 18, and shows that the percentage of arrested Afrioan Americans in respect to whon the charges were ultimately dismissed is noticeably higher than the overall percentage. Defendants' Exhibits 0 and E show that many of those dismissal~ are part and parcel of plea agreements reached between the defendants and the county attorney. \ ..... "'f I Ii i I 'The Iowa city Police promptly sent the samples to the state's laboratory for testinq and are not in any way responsible for the lon9~-and I think unconscionable--delay before the substance was tested and the report returned. I was advised at the trial by the police that such long delays in get~ing reports back from the state lab are normal. i i{ II I : I ~ ...~' ~:, ~" I', '~ L. 4 ([~~-~~=.~. - ~o ._l ..,.., - ~' - ~' - , , i I IQ ~ ,LtS- 1 , ~O' .,. ~ ' ',~, ,,~J .. . " ,?d>:i'i.mi 'I "1 ." ~\I.. , , .. . ,~' 1 ", . --_.....:~ . ',~, . '., :.,' ~ .. . - " , . " to', . -[ -,- "J "1' .. ,::..=,-_:\' -t:.~ ::. t,~C\' ~~' ':'4 .- ',' :.' , 1M. ...,. := .l. _ . ..... ri:: . 'J')'; :' .,j5 ....----:.. J'. ..-".:.1 '\\ \', .~ ,..8si, ".,..., , \ , ' CONCLUSIONS OF LAW Plaintiff's claim must be analyzed under the Fourth Amendment right to be free from unreasonable searches and seizures (applicable to the states through the Fourteenth Amendment), rather than as a substantive due process claim under the Fourteenth Amendment. , 510 U.S. , 114 - S. ct. 807 (1994); QiPorne v. Howard, 844 F. Supp. 511 (E.D. Ark. 1994) . stopping an automobile and detaining its occupant constitutes a "seizure" within the meaning of the Fourth Amendment to the United states Constitution. ~aware v. Prouse, 440 U,S. 648, 653 (1979). Thus, plaintiff was seized. Any automobile stop that is pretextual is unreasonable under the Fourth Amendment. ~ ~ed S~es v. Portwood, 857 F.2d 1221, 1223 (8th Cir. 1988), ~. ~, 490 U.S. 1069 (1989). For the reasons set forth below, the stop of plaintiff was not pretextual. The Fourth Amendment proscribes only unreasonable searches and seizures, and if police officers observe a traffic offense, however minor, the officers have probable cause to stop the vehicle, and such seizure is not unreasonable. ~ ~ States v, ~loomf~, No. 93-2970 (8th eir. Nov. 16, 1994), slip op. at 9; YnJted states v. Bar~, 990 F.2d 412, 416 (Bth eir. 1993); Pni~ed states v. cUmmins, 920 F.2d 49B, 500 (9th Cir. 1990), .QW. ~, 112 S. Ct. 429 (1991). Such a valid stop "does not becol\le unreasonable merely because the officer has intuitive" ~uspicions that the occupants of the car are engaged in Borne sort of criminal activity. It is also our view that the stop remains valid even if the officer would have ignored the traffic violation but for his other suspicions." ~, 920 F.2d at 501. An Iowa city ordinance provides: "No person having control of a motor vehicle shall allow such vehicle to stand on any street unattended without first setting the brakes thereon, stopping the motor and removinq the iqnition keys, .. -1/ -1/." !, I " I I i I ! ~! I 'I I . I I I , '" I , ~. I II" ! ,I' I :, ! 'C I".; \"-"'-- 5 -.... \G~_~~"~-- . . ~_, ,~~ "0".)'" . , ,~..' . ~' - I I i I I ,~;i. ~' j .'~r ~ \'" , " " '" , ., . , '., ~. , . , ' . _~....,:L.',:. . - ..~-- .~,.. ~"..~~.. ..- ..., -- '~.',"'~"-'-""-"-" -''-~'''.'''''''''~''-''.' - . . ,.. L,'':': , '.:' ;'IJ, ;. n , .. i".' . 0; .. .) - _ , '4 - '" "i J. .;, 11-" _.1 ..1_ __''4(.. ;\l,J,'.....I'4 -,.'(1 t ( "" \ ,Aj ,,or ; I' , I , I" I I ! i i , , ; i , , : r I! J 'J \",'1",: ~ . ~"l \ ,'i(~ section 23~12l of the Ordinances of the City of Iowa city, Iowa Code S 321. 3 62 provides; "No person driving or in charge of a motor veh.i.cle shall permit. .i.t. to stand unattended without first stoppinQ the enqine .. ~ .,11 Plaintiff violated the above-quoted city ordinance and state code provisions, and the police personally observed the viOlation. Accordlnqly, they did not violate the Fourth Amendment when thay stopped plaintiff. Furtharmore, independent of their right to stop plaintiff because of the violation of the ordinance and state statute, the police had reasonable, artlculable Buepicion that criminal activity was afoot and that plaint1ff m19ht De the perpetrator of that criminal activ1ty. That reasonable, articulable suspicion arose from the facts recited in the findinqs of fact, sUDra, up to the point where plaintiff returned to his Dodqe vehicle, got in and drove off. Havin9 ~ rO~Gonablo, artioulablo auapioion that o~iminal activity was afoot and that plaintiff might be the perpetrator of it, the defendant police officers were entitled to make an investigatory IC> atop of plaintiff under the doctrine of Tarry v. Obt9, 3~2 U.S. 1 (1950), and it~ progeny, Once plaintiff was stopped, and Officer Heick had found and observed the contents of the bag that he had seen plaintiff drop, the police were justified in detaining plaintiff long enough to yet tilt: Cil;llll ~eSl:.inCJ Itit tlnll il;lSI:. ihtl cU~IL..mt..:5 ot the bag. ~, fJJlpra, at 12-14. Once the field test of the contents of the bag was conducted and registered "positive,1I the police had probable cause to ~rrest pla~ntitt. Plaintiff has not proved his contention that he wa~ stopped and arrested discrimlnatorily because he is an African American. Furthermore, plaintiff's statistical evidence of a , higher percentage of prosBcutions against Afrioan Americans being d1;m1aaad than the progecutiona of other; i; insuff1a1Qnt, etandinq alone, to provo that African Americans are commonly arrested without probable cause in violation of the Fourth 6 -- ~~ - --_: , -~~.' );; ~'tts- I ft ./5 ' 50, FlU .. ". 0." ~ ' ; .. . '::-~t;\i~" , . ,. ',~ , .. ,,', LW!~:t '< ' ',,:--:j~ ',' ", , , . 't' ',',-.... .,.: I '1'.:'- , " ," ""; .'~\ c, ", r . DTr'T I.) ..,. '...,J . Ci. 30. I A . ID:S~5-234-6418 NUV ~3' '34 1':"4r; Ilia ';',1,1 .: .','" '- ' ~. -..... . . v; Amendment or the equal protection clause of the Fourteenth Amendment. Such claims could be established only if there were also evidence that such a pattern was the result of a policy motivated by "an intent to discriminate" against African Americans. See Rioketts v. City o~a. Missouri, No. 93w 3633 (8th Cir. Oct. 11, 1994), slip op. at 10. / ORDIR JOR JUDGMENT IT 18 ORDERED that judgment be entered in favor of the defendants city of Iowa City, Iowa, Kevin P. Heick, Brian L. Krie, James D. Steffen and Patrick L. Harney, and against plaintiff, Nathaniel L. Burgs, dismissing plaintiff's amended complaint at plaintiff's costs. DATBD this 23rd day of November, 1994. '" RO D D. VIETOR nited States District Judge ~ I IV ~~'mtn_, /1- "3 - <1 V' -~, ",< ,. . ,:d.~. '.....;.....:.,....... ,.':\. r~ .~~;::': C-,\,' \ ) .~~ (;''"( I' ! I i .1 " I I ~~J~\'1 CW , ,I' I I , II i I I' r" \, "j ",,~ ~'V , r (, , ' ': ,r I, '_4'" 1<",.,.",.,. ~;1 , , ~ , j\@ , ....,!, L---: 7 ~~'i~ rro-~-:~---"~=Ty.r:.., ' ,() ")" .~:"~. r "-':I_.,}J:' .."..,.;"','0<.,,..,,'.. ", """""t;~'~': 'DO', " ',,", ,,) ,U, ' -., ";:.::~"i'." .:!1~!;l'.L", ;".::~)',.':~' ",; ., ',;1;:',;:':" " ~.-, " ':.' ': ' . ,,'~:' ; \( '.?\.~.t\ ".l , ":.' , , , , . . "":',.;":. ,'. d'.'" ", . . ", , , " ",.. ';.:1". ' 'I' . I'"~ T ' r H I... . :., iJ ,:. I. I.. . ;,:J, 1 . lLl;:;D-~'~4-C41;~ I'U', _J :144 .:,,:;..4i r,u.\.J\..I~ ~.'.l.; N l' J L: 1 U l i l C.OI.t..C!.S'C w It t: 1 " .. 3$ "" :. . " I( ~ ... ~ ~ ., f ~ \l ~ % 8 ~ III l l ~ ~ ;) "l Sv R.,L.l AI G TON " -- ;1 l n n n r " e;3S'" C.ul tecre podll)f. ". t-Ke; 0111 Cf!~1 f1j ..~,~ P\l"owlt~ "'fif (t1~~ (f) prowler ~.'\cT feeV\ @ r'I.,,,,;-i'F Jt'pp.J ,...J 3'tWI-rN I ("~~ f ,! ..~~ <; cy ~, .....1 (~I;' ! ~I! i " " ! ,APPGNOU& 'A" . ";(-~'~'i'j'~WmI'llr-',, ':< ~ lot S"' " ':" -, '~ ,I "..."......,..,,' ...., ,-, 'I,',,':"'!:...',"',.. R,O'.!, I, ,i,n _ ~.".,'.,'. ',.i,.'",>_,':,/o'}i;~,\\~,::,i" .",' ,)',' I. ',' , .,',;.',i'."": . 'j 1,_.' ~ ~;: i ~~':: ' .,',.;..', '~' . 0". ". ' ..., \,\l~' . ',,'. , ~,. , '. .~.,., ~. . .' ,,'. ," ,:' " ',7 " .", .....;..:...,..,.., ,..\" ,,' .,'. ._,.~. "..:.. ~_'._..w ,,^ ....w,""'"',, ....,~..' ~,',.: ,'. ~,,-,,~,,,,,~,,:~,,,~ ,,~",.... 4' 4.:"'~ ..:.. ,_..,:~~. .:"__' "U.S. DIST. (T, 30. lA. ID:515-2d4-~4l8 NJ\'- '::~-~4 , 1~;4( ~O.YVq - .v, Bwp Y. Iowa CIty, cuI, No. ).9O.CY.10\38 ( .J]IlUU!G1UI A B C D AIW:STSI DfS. ' ,ARJlES'l'S DISMISSED DAB aLWiU MJSSIJl ~ was 1081 2,635 211 (10%) 123 24 (19.5%) 1988-ln 1,447 155(10.7%) 86 15 (17.4%) ~ 1988-214 2,018 162 (8%) 87 14 (16%) .~ . r 1 " 1m-tit 1,989 189 (9.5%) 143 30 (21%) 124 ~ (1~%) 15 (12%) ID I 199MJld 2,669 ,180(1J%) 144 (6%) 73(%.7%) 176 23 (13%) I 1989-2nd 2,28S Im-Iat 2,347 i86 ,r r!~~\ \ \ ,';':>-'1 "'71 Note: 1. TIle percentage In Collll11lS B equll CoIlllDD B divided by Column A. 2. The pereclltqf II CoIWDJl D equall Column D divided by COlwnD Co " , 3. CoIUDlIlI A anclS colltola the cbara-1I4 DII~Im" In Column. C and D. . I i I , I . I I F: I" ~ { I <:" Source: ElhlbltllS, 16, 17 Ind 18. ..1,', ','" ','1, .:. ':;. :,: :t'h\i;llI'r1";;:I!:~\hi~:I' ,>,. I ~Iq , ..,'., ~ ,:' \ ,,' . ,:. t,' ," ,." ,'i, \" ' , II A~(lf:WOIK 11\3 ~ ,'t~ rc- , 0 '\'. -- , --' - '-' - I :)"',':........'.."" .,'.~".o .i. " ','\ J:Jla- ~ ':;',. ';'- I ,,/5 \ 10, -~,.;~;.;,..:, ' '~ ~\:.~, .~' .. ''',,'' , .. - -- ._...~ ;.~~,. :',:.~~~.,...:,..".........:.._~....~,:.~'.................=,~~-.;:.,;;.~-_....,--.:.-..:.:~....,_....~~. ........~,~, ..~~.._,-- -.--- ~---_.._-- ., (- THI! IOWP. STATE BAR ASSOCIATlOH 0tl1C131 Form Ho.lOl FOR THE LEGAL !F1'ECT OF THI! USI! OF THIS FORM. CONSULT YOUR LAWyI!l -. THE IOWA DISTRICT COURT ~,y;/f(. o 0 ..,.. - ~ "11 4C::1, I 1'1 _..- ("'"J I ~'...; I .... c;-: =-- _.' I ...... ";(.I~ 2d,~ . ',,:! . "~~~ JOHNSON COUNTY :t" ''-";'1 =C i" j \.0 .. JAMES P. GLASGOW "','.- -.., . -. -' C7: ~~: > N +:" ,-,:..., '~ J ~ " .. . Plaintiff(sl, L~W o fii No. 56 J'i 9 EQUITY -, '. vs. ORIGINAl NOTICE CITY OF IOWA CITY , Defendant(s). TO THE ABOVE.NAMED DEFENDANT(S): You are hereby notified that there is now on file in the oHice of the clerk of the above court a peliti9n in the above. entitled action. a copy of which petition is attached hereto. The plaintitf's(s') attorney is James P. Glasgow, Petitioner. Pro Se whose address is 3291 Dubuque Street 'N.E.. Iowa City . Iowa 5221.0 ,1 c \ You are further notified that unless, within 20 days after service of lhis original notice upon you. you serve, and within a reasonable timE1,thereafler file a motion or answer, in the Iowa District Court for Johnson County, at the courthouse in Iowa Ci tv I Iowa, judgment by default will be rendered " against you for the relief demanded in the petition. .~, (..,'"1'" I I :. I I i I ! ~~ [ I 'I I il I I ! Fi III ~j ~\ (SEAL) T Johnson County Courthouse Iowa Ci ty ,Iowa 52240 NOTE: Tho lt1cmey wno IS ..c.ctaa :0 r.ctlSonc tn. ca"l\Canc s.":CI.,.~ :. :~m::'/I:'/:S"; :'/ :':I:::J::: :~ :'~llf('''~CI c~ ::::1 !'l~:::I. 1"""':0 IC'III b:1 ill "uocuon ~t-"l'!"'OIIq:'l'tf\II.~.1i11 "C-~':~ : '" 'I, · .,0' ,,>,,'. 1'" o'~.Jr:." ::".\",,:".',,.1' """"",",\)\\~,,{ , ~~~~' _y .' "','~, ..r " ,-'.,-'.- I ;- il '\ :1 ! I I ! 'j .., ! , ',,". f" " " 301 C~IG:NAL NOTtCE FOR PeRSONAL seRVICE .....1\1.11''''''" 1111 ~~ '+ S" :..";..:'............".........,..... '.-. ."'1'''' ," " ) ~:\ ~, ;,.' . ~.. I :\ :\ I' I ,1 :\ I ''"' :1 " '10: , ' , "I":-'1'~, ,;..!.........'il, " r'i 'Ib' "r,'! , 'h " .. . ..... " ,I , ".,. , " .---.-.---,}-.:....,..-. 'i- IN THE DISTRICT COURT OF IOWA IN AND FOR JOHNSON CO~TY C' .,; " ~ :::;;. ~... ... I ,y -, I c-:..~ .- S6J1IQ ::: ':., :.:;::j ~ -.~ 0::-: '-? .,,:,,, ;; N , ::- JAMES P. GLASGOW, ) ) ) ) ) ) ) ) ) PETITION EQUITY NO. PETITIONER, vs. CITY OF IOWA CITY, IOWA, ',?, - ',' ~'.: :=, ',~~ ~ ::-:- ....~ ~ ::1 .fI"...... ".. * ~~',.~~t:. .~ ::: _..~ .J:) COMES NOW, James P. Glasgow, Petitioner herein, ~ha,'to~ :.~ :::,:" '.:.: :;.: cause of action against the city of Io!,/a city, states ~~i ';~ ~-, ,,', r-: '? .. ;; \.. ,-,\ .........- ~ . -, DEFENDANT. * * * * follows: FACTS 1. Petitioner is a resident of Iowa city, Johnson County, Iowa and has his home at 3291 Dubuque Street N.E., Iowa City, Iowa 52240. 2. Defendant is a municipal corporation under the laws of the State of Iowa with the entire corporate limits within Johnson county, Iowa. ( \ 3. Petitioner is the owner of approximately 4.16 .A "... acres of land located in Johnson County at 3291 Dubuque street ~.E., Iowa city, Iowa 52240. 4. This land, owned by Petitioner, includes approxi- I' ! i I, mately two acres of forest, or, "woodlands,1I which cover a i I ! I , , total of about 50 acres, ~,\ '" I 5. On Wednesday, November 16, 1994, Petitioner was , served with papers drafted by Defendant notifying Petitioner of Defendant's intention to condemn his property and setting '~i ~ I' ~; " ~ ' 'i1 -- - j -:011 . ....~ '-.J \\ - \ r-r"\ . \ \ 0"" ~ Cf'ts-' c~-~..- ~ ~~= ~~=~ ,)i:",', " ... - -,- r- , 0, f" , A I , t.. ,..' ~.) CD , I 0, ., " "",.,,,' .f"'II.'''''~, .,' :..l; , .' :. :.',~!:,~\;.' "'"." ..' '.> . ;~. 1 '.,... . .' __~)~_'~.,_~ .".."._"......~....-..,_"~_"~~.._........,.::...,.~,......,,__~....~".~-..:..~_._._'~"'__' ~.. H." ..,__ ~_.~_~__.. __~____._A .; 1 '. ~ ' -2- a date to appraise the same. See attached Exhibit \.D .r 0 c:::J "A" ~~t:, r1 "'l1 n ,.. .-.. ~ c.-,. I 0;- - I --' ':. ~ ,- :=>0 i":1 ", .. ..,.. :::: Peti-... ,-, 0::', U) t,...,} <#'" .. - :P- '" ~ page 3. 6. Defendant seeks to condemn that area of tioner's land which includes the woodlands. 7. Defendant seeks to condemn Petitioner's property for the ostensible purpose of constructing a water treatment facility. See attached Exhibit "A" at page 3. " Defendant hired Howard Green Associates to draft a 8. .- site plan for the water treatment faci~ity. That site plan allots certain areas within the property at 3291 Dubuque Street N.E. for the location for wells, lagoons, sludge ponds, etc., along with the water treatment facility. See attached Exhibit "B". 9. Defendant is proceeding with condemnation efforts and plans to construct a water treatment facility pursuant to said site plan, Exhibit liB". r-"'- .,~ ',' C\ \. ,~~3 ",~ ' I ' ~ :: , '\ ! ,', ",1 : r HI' i : II , II I ; I I :! I I ' f.;, i I " .I ~,..,,;,"f ; 10. This site plan proposes the removal of approxi- mately 50 acres of trees. 11. This removal will damage if not destroy a natural ' area'oLwoodlands within Iowa and therefore infringes on the natural heritage of this state. 12. Petitioner hereby alleges that Defendant's planned removal of 50 acres of trees is illegal in the following particulars: a) Defendant has a legal obligation to preserve and protect the natural and historic heritage of the state of Iowa; ~' -~ 1. Cf LfS , ;(t=r?~~~-"'-~~m.~.'- , ~~ : -- l:,,' , -""0 " , Th" ',r.) , ,; " , ., " I, I I I,! I' I Itl "":,,, " ~mll . ~ ~" . ,,' ,:~. .. , .r C~\ \ I \;; .;.;.- r;~(",' , ' , I , I , I . II i' ,I , I If. I ~ ~'f \I~' )', , ltr~: , :fer' I~'-- '\, --,------ ., ,,", I'. , ..'~t;\'I' , ,; . . :",'. " , .' " , ".-:' \ ....." .,,' ., ~:__.. - ~~ .,.: :_, . '.~:.... ..,,--~...._~-.;.~ ;-"";~..~'.;.....,._.,,, "~~'~" ~.,:',~'.. -'-,:~....,---~. - ~..::~-- ,~:~...:.~.......... ... ,,-,; ,....' ,,,., ~ ,...'.......,. - -3- ~' " b) This obligation includes the duty to avoid damage or destruction to a natural . area, 1 . e. , wood- I lands, including the forested area referenced herein; c) Defendant is required by law to explore and adopt reasonable alternatives to damaging and/or destroying a natural area if such alternatives are not significantly more costly; d) Petitioner himself has hired Randy Van Winkle Engineering Company to devise such an alternative. See attached Exhibit "C,II "Alternative site Plan. II \D ~ - ;:" 0 Cl 41 e) This Alternative site -<C> rr1 Plan does not dama~r("") ...- l,"')'-: , .,- . - ! destroy said woodlands nor does it require the taktng, ,"'~ .- po , . -<., ..... . roO, - ',- i> of so much of Petitioner's land; --- ',"; 0...... \D - ,- I ~....... .. f) To date, Defendant has failed to conside?the ~ ~ ~ 'tS- li.~, 10, environmental impact of its adopted site plan, prepared by Howard Green Associates, and has failed to explain why Petitioner's Alternative site plan is not being considered. COUNT I MANDAMUS 1. Petitioner incorporates by reference paragraphs 1 through 12 herein, and all subparts thereof. 2. Defendant has refused to meet the aforementioned duties imposed on it by law, to-wit, by Iowa Code Section 314.23, although Petitioner has requested that Defendant do so. 3. Defendant should be required to: WI' -~ - r O'T;)'W " 1"'1" " " ' ;~J' .-"; ,.. , . 'I~' " , : '~', \\1:, . .,".. ,', " '....,. ~ '~..., "", ", ~' . ,'. "~".. ,I'" , ",_, ..,..::-.;.~~ ~'. c ._, '" '. .,,~.:.,...__...., ..._..;..__.:..., _,.__~d""'~'''':;:':'''' ~~':'_A~'~_ .,_ '~":'N' ,.,-..:._. ._.....~ _. _." .'" . ~....'___," _.~ ~ _M"__' _ _.~. '._"_ ,_;... . F ;',1 -4- a) Consider the environmental impact of its adopted site plan, prepared by Howard Green Associates; and b) Consider alternative site plans if said alternatives are less destructive and less damaging to forested areas, including the forested area on Peti- tioner's land, provided that said alternatives do not impose significantly greater cost. WHEREFORE, Petitioner hereby requ~sts that this Court issue a writ of Mandamus commanding Defendant to take the s necessary steps to consider the environmental impact of its adopted site plan, specifically, the effect of its adopted site plan on the woodlands of Petitioner's land; and, that Defendant consider alternatives to its adopted site plan; and, present its Findings of Fact to the Iowa Department of Natural Resources; and that Petitioner be granted such ....--,....... (" ' (i~, \ \ \, ~~ r,~ . 'r '< ~ I: , \ ! further auxiliary relief as may be proper; and that Defen- dant be ordered to pay the costs of this action. COUNT II \D :- a 0 ~r.J rT1 "'11 '!. ~~ ,-, -. ..- n--: I .,.. - 1 ~.:~;\ ';rr:"1 ~:"-- ~ " .. l""':'"l :x '-m~ -'-- a::: '"" ;..) .c;: ,.... " 0,- ::::- :'oJ .r:- con- INJUNCTIVE RELIEF 1. Petitioner hereby incorporates paragraphs 1 I II I I I' II , I , I ! f;, i 1 ,I L ~,~.j' ,..' through 12 herein. 2. Should Defendant be allowed to proceed with demnation efforts and construction of the water treatment facility without considering the environmental impact, both the Petitioner and the State of Iowa will be greatly and irreparably injured insofar as such environmental risks ..~~q~, c-;~- '., 0 ", - ~, ~ ~l '-'~~~ - - !' ' o j'--_.q" .' , , ,;.{,:,:' .. , .:,.,:", ,," I'.,.. ..,. ''-i~ " I" .... 01 '''''', 1,', " I:;'. ;7Jm~~i,: ' ," ",'!, "~k'!;' "t,. , ~', ',..' ,0' ' .' . " ,,~ , ',' , "or, . .' ;..,:.'i-;.',;;'"..;,.'.., _" . _ _ _.... ,. 4~ {~_;~..~.","~.,....,...., .....,'~_~ '_ .,...".., ;"'''''~'~ ,il.~'_ __1'/ ,C'..,;,.;N ;:'.~. .",,;,,, _:",",,'_.' ~ ,...:.", ,:...~',::..,' "',~. ',,'.' ". ,'.' .'.., ".' ~' c'",,,"...,,,',., '>''''''<<''''~~' _'r ',~_"__,,,., A , ~, Lt S-- "..,.,,', 1>5 -5- cannot be prevented once construction of the water treatment facility has begun. 3. Should Defendant be allowed to continue, the pur- poses of Iowa Code Section 314.23 and all other relevant Code Sections which require the preservation and protection of Iowa's natural heritage, will be thwarted and, it will be impossible to return the forested area of '. Petitioner's ~and ~ o 0 ...: (") r1 ~- CI "..' -.( I to its preconstruction condition. 4. n-': _ Alternative plans may show that it is not nec~~: , -<.:-. sary to use Petitioner's land at all; therefore, al1owi~~; ~:;-~ Defendant to proceed without considering such alternativ~s would do irreparable injury and damage to Petitioner. 5. The loss of natural heritage and a natural wood- land are not easily determined in precise damage amounts and therefore neither Petitioner nor the State of Iowa would c~~ \ have an adequate remedy at law. 6. This Petitioner filed a prior Petition for Tempo- rary Injunction on Wednesday, November 23, 1994, reqUesting similar relief as an auxiliary remedy to his Petition for permanen~ injunction, Case No. 55895. Petitioner expects that this Petition for Temporary Injunction will be set for hearing and therefore has not yet been refused by any Court or justice. (,~ ( I ! I , ~ il i I it If" " ,t'J "iiff ~f#' .' I,. )~ ~ 7. An Affidavit supporting this Petition is attached and labeled Exhibit "D" pursuant to the Rules,of Iowa civil Procedure. I[W'~-.'~-~~ )"'.."'.,',,,.. '.." " ,':'" ,'" .::',: .' ~~) , . \. - . ..............". --~,-- o "'fl ...- ,- I ::oo;i1 :J: U) .. N :" -"'" -...; r ,10, -".'b':,,'. , ~.~ '. mil', ~ ~' " ,r r~- \ \ .A r~' , , ' , ~ ! , i I i [, ! ~, I J": \ I ~ \:~ , ~ ~lfoS- --'--'.'.."."~."~, I [j, , ,\' . ~ . '. ':';";:..:, ",:,,:'~\\I' , "','..:"",..',,'. , , ~, ,," .. .:c. '"L;.2~~U~...;:.....~_,.;..;.,,~-.;;,.:.:.:.c.._~::..:.~~~,d~~,~~~-,~...:.:-.._~_...:'.~~-.:.._,.;~~-,..;..-_..:..~--~~..:._.:......_.._~-..;..--~.:. -6- 8. For the above stated reasons, Petitioner hereby requests that a temporary and'permanent writ of injunction issue enjoining the Defendant from proceeding with condemna- tion efforts and beginning construction until it has insti- tuted proper proceedings to consider the environmental im- pact of its adopted site plan, and specifically, the effect on woodlands on the land it seeks to condemn. Petitioner further requests that any additional auxiliary relief as may be proper be granted him and that Defe~dant be ordered to pay the costs of this action. 0. ~ameS P. lp..!,oI S e v:64a2060.ltg " \D J:" 0 0 ::En rTJ 'i1 >-; C"') -, n-'~ I - ,.... - i -~~ ,,-<,-- ::>. ~'n . :-~... ~ -' 0,..... \D ;:J -": :;.~ ~'- .. ;;- i'J .;:- "', ". ' , 'I ' " .,- '\',' ". -, :.!'I)~:' ',,':'" ,"0::,:, "\( ..' ;', 'i""" ,~: :', .'}'<<!" " c__ OR~_ , ,- ~, I ~,' " :1 p...,. :, ....- ' , 1 . " ~ , , I ,I .' ~ , G> "I' : -''"';<":"i' "\"-' .n~c ".",' ,i,'''', ' '-, c I" f~ " \ '\ I~ I I ' .. ~ I ' : I i I i~. ~ , " ?i " ~i i. (~_n " .. '. :",'<, ,"" .' "~'~i,~\'~:': '::, "-. ,'.. :.:. " " ", '.,..... , . 'I . _ ..',~_\::",~~"':::"".,,,:,;,,,,,,,,,,~;'~~"':"''';:~~'-_'~~;.:_..~...,; ~~":'::";__":-_.~_-c...:~""':_::':~~'"~_~__"~"'''_''_h''~_'' "'_~~'__..~_""_'h.__'__'-- _. .... City of Iowa City MEMORANDUM Date: December 1/ 1994 To: Honorable Mayor Susan M, Horowitz & Members of the City Council From: Linda N. Woito & Patricia J. Cone-Fisher ~ i::-;CF Re: Hunter Rawlings Christmas Party & gifts from the Japanese Government It has come to our attention that some concerns have arisen about whether City officials and employees may ethically attend the University of Iowa Holiday Party hosted by Hunter Rawlings III. The answer is "yes" / City officials may attend the party. It is our opinion that in this situation, the University is not a "restricted donor" as that term is defined in the Iowa ethics and gift law, because the City and the University are essentially parallel governmental organizations. We have also received questions about whether or not the City and its officials may keep the gifts given by the Japanese Government. The answer to this question is also "yes". These gifts include ornamental tea towels, bow and arrow sets which are considered good luck talismans, banners and a workman's livery coat which is worn during festivals. Iowa Code Section 68B.22(4l(pl provides that U[g]ifts other than food, beverages, travel, and lodging received by a public official or public employee which are received from a person who is a citizen of a country other than the United States and is given during a ceremonial presentation or as a result of a custom of the other country and is of personal value only to the donee" may be received. It is our understanding that all items given by the Japanese visitors clearly fall within this statutory exception to the general rule concerning gifts. Therefore, these gifts may be kept without any ethical concerns. I trust this answers your questions, but please contact me if you have any questions. cc: Stephen Atkins, City Manager Dale, Helling, Assistant City Manager Mariah Karr, City Clerk . :.. ~ T ----.:. < O ,,' , , ----'--' , . ~- , .- ~9'fb , '~,.... c)3'--";"h~<"'" "',,,, .0.,>,.." :,", " ,J:j",:',. r:, .. '.'-, " :'.' ~_. f" , I ID I ',I' '. '-, ,"' I/'''~:.B.O' :. \~, U, ,I .t~w , , . <.:t:,li.. , , , ..,1 \ '.,., ~' . :: ' ......' ,'n,...'_... '_'_' ..~.,_'. ,_ . ..,........,.._ _. ,.. .,+" _~,_..._..." ".,.... --',....,--.'. City of Iowa City MEMORANDUM Date: November 30, 1994 To: The Honorable Mayor Susan M. Horowitz and Members of the City Council From: Linda Newman Woito, City Attorney Re: Brief Review of Condemnation Law Since condemnation law is so different from the typical litigation with which you are familiar, I thought it would be helpful to briefly review condemnation law, for your information. 1, U,S. Constitution requires payment of "iust compensation" The Fifth Amendment to the United States Constitution requires that governments may "take" or condemn private property for a public purpose, but only upon payment of "just condemnation": "[N]or shall private property be taken for public use, without just compensation." The Fifth Amendment was adopted in 1791, and is one of the most venerable principles this nation has to protect private property rights. 2. Iowa constitution also requires "just compensation" Iowa's state constitution, adopted in 1846, similarly provides for "just compensation": I "Private property shall not be taken for public use without just compensation first being made, or secured to be made to the owner thereof, as soon as the damages shall be assessed by a jury, who shall not take into consideration any advantages that may result to said owner on account of the improvement for which it is taken." ,-,-... I, ( ..\ C-'\ , \ \. .~'~ ''--r-' : i r; , I'; , I I, : I~ ',: ! Iii I II I' , i ! ! 3. State statute also limits oovernment authority to condemn "The right to take private property for public use is hereby conferred: I , ,1 I I I The legislature has added another limitation to the City's eminent domain powers, as follows: 6. Cities. Upon all cities for public purposes which are reasonable and necessary as an incident to the powers and dulles conferred upon cities." ~6A.4, Code of Iowa (1993). ", , i , ' ',: I'f, '[ I" , , , I J '\ , " ~:...-:7. Aside from the constitutional limits, condemnation procedures are established by statute and case law decided by the Iowa Supreme Court. Thus, condemnation procedures are largely a matter of state law. 4, Startino the condemnation process :', I i;,~~i ,~ \.....-..-~ Condemnation proceedings are started by the government's presenting an application to the chief judge of the judicial district court wherein the property is located. The judge then selects a ~'I() I i ',~'5 ' ~ O. (, '~" -"-- ',<" ,-- ~ _~~ w ~- ,,' o:_~)~:' . ...:. ,'f.T:'1J~ ""'~.'~:" " ' ',,-,,; ..I __, , ,~ .,( C'\ \. ..;.:i!riI :'~(-1, I ' I , , I" 'I , , , , , : ! , I if;, ! I ; \1 '~" i::',,~ ,. -~ G~ ., .. , . . "~' ~ ' ;', ,.ti~I' '. "~ , ',' ,',.' , " ':..,..,,, ~' . , ' _. :"" ,~~ ;_~ :.,.. '".~. ~ .,,,J~,.., "'~....:~.. .".. ...... ~.,. ....' ...I,~ ~. '-_""_"~: ,;,. _..~,_ " ...____ '__ ._......___,._.,_...._,..,"~'n .. _..__,.,.,_..___,'.,._.._.......,._'_ ._,_ ..... .,._. 2 "sheriff's jury" also known as the "compensation commission." These commissioners are then empaneled by the Sheriff in order to assess the measure of damages or "just compensation" of the property being condemned. Once the city files the application papers signed by the judge with the County Recorder's Office, no other party may obtain an interest in the land. I mention this simply because we were presented with a quit claim deed to Jim Glasgow from the Washington Park Partners, recorded November 28, 1994, for approximately four acres. According to ~6B.3(7), Code of Iowa, the attempt to "give away" or "acquire" these four acres would have no legal effect. The Sheriff then sets up a condemnation hearing, and the government must serve notice of the time of the hearing on all property owners and property interests of the land being condemned. Once all those persons and property interests have been either served by the Sheriff, or have accepted service, the condemnation is ready to proceed. 5. Actual condemnation The sheriff's jury convenes in the Sheriff's office, with a brief description of the project and what land the government will be taking, Accompanied by a Deputy Sheriff, the sheriff's jury, together with the City and the property owners, then proceed to "view" the property being condemned. The parties and sheriff's jury then reconvene at the Sheriff's office, with the City presenting evidence via its key witness (in this case Chuck Schmadeke) and at least one independent appraiser. The party or property interests being condemned may appear, give their own r testimony, have an attorney present, call their own witnesses, or all of the above. The parties then leave, and the sheriff's jury deliberates in a closed meeting, and then decides the condemnation award or amount of money damages to the various property interests. Notice of this award is then filed with the Sheriff and served on the condemned property interests; and once the government deposits money with the Sheriff, the government can then take possession of the property. [The exception to this "possession time" is where the property is a homestead, which in this case is Jim Glasgow's property. This means the City does not get possession of Jim Glasgow's property until all his appeals have run through the district court, as 'provided in the condemnation laws, Chapter 6B, Code of Iowa (1993).] 6. After condemnation After condemnation, both the government and the property owners have 30 days in which to serve notice of appeal. If an appeal is taken, it is "de novo" which means "to start anew." Thus, the case is tried all over again to a petit jury, meaning a regular jury (as opposed to a sheriff's jury). . .. . * . . Because condemnation is such a unique legal remedy, I want to clarify the following law concerning the "measure of damages" pursuant to eminent domain or condemnation law: 1. "Just compensation" is payable to land being condemned at the time of the taking or the date of the condemnation hearing. Because condemnation law is designed to avoid a multiplicity of lawsuits, all damages to the property owner must be assessed at the time of the taking - both present and future. . 2. Payment of "just compensation" under Iowa law is "market value," defined as :-'-'~ 17" 1 -- - ... '0,')' ..,. ....,.'1'-.:. , .. ..... -, '. ::; ,:'; '. ";~,. ' , " . '."' J';:' '. ~'f.m2mJ\,<: "':,1,' , >.:;Jf:,-:"',,-.; .. 'J'. .,' '. """ i' (7 t\ ~~ ~ ,- f ' , I ' ! ~ ~'I""~--', , ,,,",. t:J ,:V,',' , . . ,'~, ' ",: " ", ." ,,' ' . j ---'--,---,_....._,---- " ..' ~ I I I I , ,'" , , ,.\\;,( ;' '\' "'~','., !;'<..." ,;; ,~ . "'- :,':._:":'.:.L;:':"'~!~'~' "~,;..",...~~~~i':"':~"';"';;';~I;.,.;.~~~.;,L~~..~_~~~:~~~~---....._~,.;"'I'...".r,...........~.,~;,;..:.~:..:.._~~._~..:.~_.'~:..~_:, ' .;...., , .. " , ,~ .", , J '. ", '\;...:'i ,'~ . 3 "the cash price which would be arrived at between a voluntary seller willing but not compelled to sell and a voluntary purchaser willing but not compelled to buy, both of whom are acting freely, intelligently and at arm's length, bargaining in the open market for the sale and purchase of the real estate in question." 3. The City is required, under Iowa law, to pay for the value of the land at its "highest and best use." This means a use that is financially feasible, a use that is reasonably likely to occur, and a use which is legal and which is physically possible. 4. In determining the measure of condemnation damages, any benefit which results to the property from the taking must be disregarded, as required by the Iowa Constitution, Article I, Section 18, Stated otherwise, any benefit to the land being condemned by reason of the improvement to the land (which in this case would be the water plant) is not compensable or payable to the owners being condemned. 5. Contemplated lost profits of a business are not compensable under Iowa law, but such may be usable as a factor showing market value. This means that the City is not ordinarily required to pay for "lost business" to the property interest being condemned. 6. If the property interest being condemned receives an award from the sheriff's jury which exceeds 110% of the final offer of the City prior to condemnation, the owner is entitled to attorney fees. Also, the property owner being condemned is entitled to attorney fees if the amount assessed at the district court/trial level is even one dollar more than that assessed by the sheriff's jury. By separate memo and copies of the "final offers," I have already explained the condemnations which took place Tuesday, November 29, 1994, I trust this will be of some assistance to you, but please do not hesitate to contact me if you have any questions. cc: City Clerk City Manager Assistant City Manager David Brown Public Works Director File momoslcondemn.lnw ' :tct"t1 .. ~.~- '. I - , )"',..,",.....".."..,"".,.,""""...,.. I .:,'1,: .. 'I, .',.',iyi;,:-'r '" .,.~ ",::,.'''';, ,,',,' ,'."..", ,,0, ,.",,-,,,\,,:.,:1::,,,:; - ..",',.. ,..,.", ,".:- ,j',.. I. I... ,I' "jl ."":''''''"r'.'~,'I'f/'''''I' 'B ' ,'~'{;., 'Un', IT,'~) ,U, ,,",:'," " ,~ZT.i' ; '~ , ':t ~ Ii ' , " - . ',: " , '.'''r . :.' . h.____~.'.. ...,_, .'''' ,_~__,"_.'__. _,_~__._~_._._ _,_~, .-,-'.- City of Iowa City MEMORANDUM Date: November 3D, 1994 To: The Honorable Mayor Susan M, Horowitz and Members of the City Council From: Linda Newman Woito, City Attorney Re: Condemnation Procedures Completed November 29, 1994; Damages Award by Compensation Commissions On November 29, 1994, two sheriff juries, or compensation commissions, were convened by order of Chief Judge Honsell of the 6th Judicial District and the Civil Process Division of the Johnson County Sheriff's Office. The two sheriff's juries convened and assessed damages as follows: 1. Washinqton Park Partnership and S&G Materials The first sheriff's jury convened at 9:30 a.m., with a brief explanation of the water supply and treatment plant project, followed by a trip to the 228 acre site by the sheriff's deputy and the sheriff's jury. The City's attorneys and appraisers also attended, as did the press, We were met at the site by Ivan Walker, the farmer who now farms some of the land, also accompa- nied by his attorneys. After the site visit, the sheriff's jury reconvened at the sheriff's office, and both the City and the property owners presented' evidence. We completed this part of the process at approximately 2 p.m., at which time the sheriff's jury began their deliberations. [ \ They returned their report of "just compensation damages" higher than the City's final offers, see attached. Since "loss of income" is not ordinarily compensable under Iowa condemnation law, David Brown and I are somewhat at a loss to explain the damages awards. ,~ ,,- Nonetheless, as of Wednesday, November 3D, 1994 with our deposit of the damage award with the Sheriff, the City now has possession of the 228 acres. This lawful possession of the 228 acres is true, notwithstanding the pending lawsuit ., since the declaratory judgment action will ,be decided in due course early next year, 1995. Thus, my task of securing possession of the 228 acres has been completed, and is the first major step in protecting our drinking water for the next three generations. 2. James GlasClow ~ I I : I I , I / I, I \ ~.. "~ J The second sheriff's jury convened at approximately 3:45 p.m., with a brief explanation by Chuck Schmadeke as to the City's proposed project. We then viewed the site of Jim Glasgow's property, including a tour of the land and the two structures located thereon, Jim candidly reported to the compensation commission, at the outset, that the City's two independent appraisers were not allowed to enter his land or inspect the inside of the home and workshop/apartment. We then returned to the Sheriff's office, wherein both parties presented evidence. ""'I " " " ~:: f~ , ~9Y.~ Co - n-~r 0.): --. -- - f" " -".'" ; r '- i '.' ~ .- "J 10 . ~,,':;, _I;';;;' " '::-~.h'Ili<~. ' ,. .~, ' " " ',', . '~t,"\'!,; '. '. , ~'...', ," ,,/ i '.1 .,...' " I , '.,." ~. :;,,'...'. .... "f'" ,', , ' " ' . _, _,;:..;.:..~~~:..'~:.... .~""",~""":'_"c_';~~",--.:":'.~.........,..........,"...." ..,.,...__~~'__..:",;,_,:,.,...,-,~:.........._::..:.~__~..:..". ...'_,..,'~, _.~,.._"._.._,~._~._';'_~_...,.,_..__~..~_ _ .,_ . ., .~; " 2 ",', Based on their view of the inside of the two buildings, both City appraisers raised their appraisals to $150,000. As you can see from the attached compensation commission report, the damages awarded to James Glasgow are also higher than the City's final report. Again, while the award was higher, the property acquisition is just one step in a 100-year process, and I am pleased to have condemnation completed. While each party has 30 days to appeal (including the City), we have nonetheless completed an important legal hurdle. Jim Glasgow's injunction petition against the condemnation is now moot, although his challenge of the "illegal use of water fees" will be dealt with independently from the condemnation and in no way impedes the acquisition process. I I I 'I By separate memo, I am briefly explaining Iowa and federal condemnation law, for your information. I realize these differing bodies of law may seem confusing, so I invite you to call me with questions, or stop down and "chat." '......; Attachments: Two reports of Compensation Commission (Sheriff's Jury) cc: City Clerk City Manager Assistant City Manager David Brown, Outside Counsel Chuck Schmadeke, Public Works Director . r 9 i tp3-' .~ , (,' i .~"\. ' r~' " '~.. .~~ ,.---- l I i ,/i I ~, I I i, : '. WJ ~~ ~, I'? I, '."';~'..),.:; 'I,' ,', r ji, , ~~ " .. , " ~ " .......... ~(~~V,--~ ..... ~- -. i ' ~.~'. .' ,)""'''' """'0,.2 ,',. , . , ",'" "c " :: '," I ":,, , ;~:- \ . -~-'" ,.;.";,,:',:, .,..:,....,...., -:t,...8 ,',......,....'...'...,.. f'" ~""", , ','t.. ': ,~', ".-,J to, .' ',' ,.' ~f ,;:" I " ':~k'f" --\" '" , " ,,'...... " .. . , '...... ' . , ' . "',.~.~ ~~_',,:_,_ ".." .",,,,....'.._,:.;..."...,.... ."...,_"'~".....~."".,.'"""-'"+,,;:...:: :..~~'...,__._'..,_,..~',.:..n, .._ ~ '".._~''',''.''A,..'''~ ,,-~.-..'.,.,.'~..._...__,',~''''.'_....._.. _.__.m'..., '. _ Johnson County, Iowa Condemnation Form 7 In the Matter of the Condemnation ) of Certain Rights in Land by the ) City of Iowa City, Iowa, for a ) Project Located in Johnson County, ) Iowa, Known as: The Iowa City ) Water Supply and Treatment ) Facilities Project; ) Washington Park Parcel ) REPORT OF COMPENSATION COMMISSION TO: Robert Carpenter, Sheriff of Johnson County, Iowa We, the undersigned, being duly appointed and qualified commissioners appointed to assess the damages sustained by the owners, lienholders, encumbrancers and other persons interested in the appropriation of certain specified rights as set forth and described in the Notice of Condemnation filed in the above- entitled matter respectfully report as follows: That we proceeded to view the respective premises at the time or times fixed in the notice to persons interested therein and do hereby assess and appraise the damages which the respective persons will sustain by reason of the appropriation as follows: ' Land & Improvements Consequential Total Damages Award L "SS fJF IAI~"I.I t: Condemnees' Atty. Fees and Costs tdlJlit~~~ ~~ I' ' $ 3, ,i((l, terJ $ I I $ 3, It'd,OO{l f , $ / fel, CJflO , ( $ $ $ $ $ $ $1tJ~. tiCi'd $ $ $ $ $ ~ c:(.. ~ $ fj't,OO- $ ,<JerrI - $ $ .. (,' $ 'err or 1"'~t,.,E $ 1;"(/0, t"'''() $ It!Rf, fJ,ft'P $ kJO, ()OrJ , S-f6- ~ $ $ $ $ 7dC' /.J?"~I!" TJIIN lA/A t..j( el{ $ f1, ()() c:: $ $ $ .~ ~ " ~~~g c...... , ! 0 '\ "~, ...,--, ---- .. , - -~._----- -~, .- 11'- ~'o, .......'", "),:';:' ", ,,';'/""" ' ~' " I 0 , ',. .is .~, ", le1 ~'1 '+ ~ '''''''''-'''''' '''''',',.".. "i 11 " ...t I.,' -.,...."-',, ,., .' ., .':"1"" ':' smm.,' , ':,; " :,,:,.:;i...: ,".+-\1: ..;;' .,' .,1: .., ,'.... , ,'-",1', . , , , 1 " .. , .',:,., , "', , '. .' ",' ,. , ,.,_,:.:~,_..c~~'''~:""~,,,,,,.~,:,':~_~_'~_.._;.,,..:..:.~~i>.;..~,:~.u..~;;;:':'~~~';.:._.._:::-...:...L_,.~::~v~;'~"~~"'''''''_~_''' ""..~-..--~-------..-.:_.._.~ -,,;.,.. -2- Respectfully reported at Iowa City, Iowa, this ;101 day of AlOu/ , 1994. ,1f~ (0 'f9~ee( tlmr.q ~ Itcit-' , ~"-/ #~:i- '-~~ . , ';t;:~ yq :Q:2/~~ ~rv,'P'-- ~ '\J '-L--'_) , I, the undersigned Sheriff of Johnson County, Iowa, do hereby endorse and certify to this the Report of Compensation Commission, and I do hereby further certify that the above amounts are legally payable to each claimant and that the claim is correct and just and that payment has not been received. )J Filed in my office at Iowa City, Iowa, this Q9:f:b. day of Mli..vYI ba.r , 1994. ~ARP~ Sheriff of Johnson County, Iowa ( C~ \ .A rr- I ~ , ' i : I II i I ! , I I Ir, I' , I l,l.. \~J " '~,'1'6i " ~ !f11 ' L' i '.. '., fr' L '-__'-~ n___ -.,-- , .- ),.......,...,..,..",............, , ' : . ' :'--":", ':l((:,::" ',';, \. ,.;r.",; ;""/.-".'-:',, '/" ,'.,0' u~~ - .. I J ~' I , ~ , .- I ! i , i , I Q :~ 10'> ""', " ",' , " ,~' ~.. 'i : ' , : ,,', :'1 ~~: "I ,.,.':>~ ",;;, , ," ":~,: . "I':' "'\1' ''" '.",.;'! ..' . ,', -, '.,' " ~' ,':' . , . ,., '. _...'..-:;...~,t,'._,~._".,;..-",~.._~;;..:~~..;';..i~.;.;';",~~....._',:"",,;.~,":;::'~~~":"";';';.........~_.'_~,~'~~'.;_~",...,..~....",_ _'..........~ .._..u...~..u., .~.___.;...:....~,__ __._-'__ ..~,_ _'......,...,_., u.:,', Johnson County, Iowa Condemnation Form 7 ',-' In the Matter of the Condemnation ) of Certain Rights in Land by the ) City of Iowa City, Iowa, for a ) Project Located in Johnson County, ) Iowa, Known as: The Iowa City ) Water Supply and Treatment ) Facilities project; ) James Glasgow Parcel ) REPORT OF COMPENSATION COMMISSION TO: Robert Carpenter, Sheriff of Johnson County, Iowa We, the undersigned, being duly appointed and qualified commissioners appoirited to assess the damages sustained by the owners, lienholders, encumbrancers and other persons interested in the appropriation of certain specified rights as set forth and described in the Notice of Condemnation filed in the above- entitled matter respectfully report as follows: That we proceeded to view the respective premises at the time or times fixed in the notice to persons interested therein and do hereby assess and appraise the damages which the respective persons will sustain by reason of the appropriation as follows: ;--.: " ::: " I Condemnees' Total Atty. Fees Award and Costs $ J 'If/' fil!C $ I $ $ $ $ $ $ $ $ $ $ $ $ $ $ Consequential Damages Land & Improvements (1;1.. ~fM.(), ,~ $ / eM I {1~' . $ )0', (fVr/ W I $ $ ,j. , I I $ $ $ $ $ $ $ $ $ $ $ $ , J; -....... ~~Lt8 101 " ""T.........".:' J G:,', j ,.I "',".d., ',",..,~. ^',". 1M"'" ,,:",0.;,;; , ':;, .","",."'" ' ,......','" ,., ,,"",: '.'.",..>'/i,:.., L .-"""...'.." '- .~' ,--q "G~-i~_.--~: " :u r., ~~~g 1.;"- ,I fI ,"", ,\', .. .,,:~'q " " 1"1 ;r.J.~iJi'. , , " ..: . ..~' , , ~:'('~'h~i,i:,:", .. .~. ,'; . '.,'..J"' \ ~, . I,.:' , \ , , '.~' , . ,. . . .,.. .' ," , " ':~.. '.." , ..' '" ;'''. ,,' ,,: , :"', , ... ' ',' '" ',' ,'" , . , " . -'- ._....'....._~....---"......--~.~---"'."'~...'----..._-_._..-----_.._~---'--,~....__..__._~.._-~-_.__._--_...'_..---'.. -2- Re~ectfully reported at Iowa City, Iowa, this ~'~ day of /.../ () , 1994. i{IA/(.- (!J M1/U'l.tlt i8 C'- v-..L~ ~~' ( .,' "'l--v-v--c.- ':,\.._, ~ tJ; -P~~ r:-;) ,fIlL J/it , ) lU (i~'''./' . .,.,....-- i ~. / ,/ / I, the undersigned Sheriff of Johnson(County~ Iowa, d hereby endorse and certify to this the Report of Compensation Commission, and I do hereby further certify that the above amounts are legally payable to each claimant and that the claim is correct and just and that payment has not been received. . ".-." Filed in my office at Iowa City, Iowa, this ____ day of , 1994. ROBERT CARPENTER Sheriff of Johnson County, Iowa " .r (- \ .Ai '''11 ! ' I i ~ I f ~l; ) ; ,~'': . ,~I: ~, '1 !., 'i' C'" i ,0 " '.",' ", --~':'_.' n.., "."",o,.,~.-),',","",~,:,' ,...,'.', ,".'.'1'::',:,..., :'r:':: _~ ~_ ':',1,',..:'" : - .-- ! '~- f" ," . a..,. ,'.' @ ,',!' I 10, " ,,.:;;"11' ...,...'"...., . ,;"\. . ":, . , . .t\\t., . 1,1'" '..: .. . .,'1 , ....Of, . . _, _...;~"..,~~~:......: ...:,_...,..~~~..i,:,~ "..'_'....,"',...~c.o.J.'"_..'1,~".,,..,''-<;,,:;.;..:. ~"J"" ~4~..'~.._;.;., .....;.,'_'~....., ".~. ,~- ',..', ....' ',.--- City of Iowa City MEMORANDUM " ...-----,-",.,_. '" 1 ( \ ~ ~:,.., f' , , t" I I , i II ~ , I I f:~ ~ 1~U fil~ L;I 'Lo "t.. ~t\C\ ~ "I.>; , I d., Date: December 1, 1994 To: The Honorable Mayor Susan M. Horowitz and Members of the City Council From: Linda Newman Woito, City Attorney Re: Proposed agreements concerning City projects a d County concerns; condition- al zoning agreement between City and County and regarding wastewater treatment site/soccer fields; result of meeting October 26, 1994 As previously discussed and as seen in my November 2, 1994, letter to Steve Lacina and Don Sehr, Board of Supervisors Chair and Member, respectively, together with copies to other City and County staff, this "working group" has arrived at agreements on certain points of concern and discussion - all of which arose when the City presented the annexation proposal of the wastewater treatment site to the Iowa Development Board. As you can see from the attached letter, the "working group" proposed to present this "future agreement" to our respective entities, for your approval and/or modifications. Having heard from only one of the members of the "working group," namely Karin Franklin, no changes have been made other than a minor change on page 3, see attached. I am assuming that Johnson County Attorney Pat White is following through with the County Board of Supervisors' approval; and unless I hear from you otherwise, City staff and other county members of the "working group" will proceed to carry out the spirit, intent and proposed agreements discussed in the attached letter, as amended. Thank you very much for your attention to this matter, and 'look forward to hearing from you if you wish to take a "different route." cc: City Clerk . City Manager Assistant City Manager Johnson County Attorney Pat White Chair Steve Lacina and Members of the Board of Supervisors RiCK Dvorak, County Zoning Doug Frederick, County Engineer Terry Trueblood, City Parks & Rec Rick Fosse, City Engineer Carol Peters, County Administration Karin Franklin, City Planning Sarah Holecek, Land Use Attorney Attachment mcmaslpropagls,lnw -'-~- ~.. )'" '0 ' ",..'" '" .,.-, ..::""" :,.'.'; .' ":, '" .0', "' 'u. .. -- ~' l I I I I I I I r~ , " .~~ r .t (' \ \ ;~r'1 ! ' . ! Ir I I i! · i : I , , , I I rO ~ ~l,' ~.!. ~i l:t %\ ~ [I' !,~ f \. '- " ' l' 'I .. , '1,.:, . "'\'!'1' ,,..,', , '''''''' f" . . .....: ,.'._ ._.;;,..'_,_>e ,,_,,'._' ..,_,__"_.,.~"_''',,.;..............-''..,~_.,_:....,...~.~~_.__,_.~,~,~"..:_.,.,.._:......,,_.,,:".. ~"",., .' " . , ",' ".....,'... November 2, 1994 ....~ \ , , Steve Lacina, Chair of the Board of Supervisors and Don Sehr, Member, Board of Supervisors Johnson County Administration Bldg, 913 South Dubuque Street Iowa City, Iowa 52240 \ ; "'):~ I CITY OF IOWA CITY Re: Points of Discussion and Proposed Agreements Concerning City Projects and County Concerns: Work Product From Meeting of October 26, 1994 This Letter memorializes the areas of concern and issues resolved at the joint meeting between City and County staff, held in the Johnson County Administration Building on Wednesday, October 26, 1994. In attendance at that meeting were Steve Lacina, Chair, Johnson County Board of Supervisors; Board of Supervisors member Don Sehr; Johnson County Attorney Pat White; City Parks and Recreation Director Terry Trueblood; City Engineer Rick Fosse; County Administrative Assistant Carol Peters; County Engineer Doug Frederick; City Planning Director Karin Franklin; City Manager Steve Atkins; Assistant County Zoning Administrator Rick Dvorak; Assistant City Attorney Sarah Holecek; and the undersigned, City Attorney Linda Newman Woito, After introductions, Steve Atkins explained the City has a number of projects and tasks to complete within the near future, and has certain goals to meet - all with different I) constituencies. He also explained that all the City's goals and tasks interfaced one with I another. From a manager's standpoint, this complex interfacing means that not being able to ' move forward with anyone task, places the other tasks in jeopardy, More specifically, Steve Atkins pointed out the seven major issues and tasks which are of concern to the City, and which could affect the County, 1, The City is working on a public/private housing partnership project, with land to be purchased for the construction of a manufactured home park, This housing project focuses on the developer's purchase of the Langenberg tract for the mobile home park, and annexation of the land into the city. This manufactured home project also interfaces with other projects noted here,' namely connection of the north and south wastewater treatment plants, and initial development of the recreational park/soccer fields, see below, 2. Annex'ation of the land now owned by the city, which was purchased some years ago for construction of the south wastewater treatment plant and future construction of the recreational park/soccer fields. 3, Connection of the north and south wastewater treatment plants, with grading for the first "leg" which is now underway on the City's wastewater treatment site, going in a westerly direction from the influent pump station to the westernmost property line of the future park/soccer site. 4. Initiation ofthe recreational parksite/soccer fields, contemplated in the conditional zoning agreement entered into between the City and County in 1988. .10 EAST WAIIIINOTON STRUT. IOWA CITY. IOWA IIUOolll6' (Ill) 116.1000. FAX 1111) 111.100' o : : .,- -- - ")'" '0, - I '," ,;\" ~'\ L\ '\ 'I '~ ,~ h 10', .~I,l " ."---'., ~; c'""\ ' \l" .~~ '.:~-' , : I" '; i ! : I : 1"1 I I , , I II I I ! i Ii .' I i i I : I, i , I~:' i II i l I ~,,,J,' , ,. " ( ll1 (!~ L_~ c~ ~<\L\~ I ') r... .' ..,.J , , . , '.:tll, '\'., , , , .. . 1 ". . " , ...,'....".., , Steve Lacina and Don Sehr November 2, 1994 Page 2 5, Completion of the construction contract which was awarded for bid approximately one week ago, in order to grade for the first "leg" of the above-mentioned sanitary sewer connection project and the first fields of the soccer field/park site, As explained to the Board of Supervisors on Thursday, October 20, 1994 at their work session, this contract involves two things: ' a. Excavating on the northwestern portion of the City's wastewater treatment site, in preparation for the installation of the deep sanitary sewer connection line for the north/south treatment connection project. b. Taking the dirt excavated on the northwest portion, and moving it to the southwest portion in order to construct the soccer fields to the south, Since it takes approximately one year for a good turf to grow, the City does not anticipate the soccer fields will be available for use by soccer players any earlier than September 1995. 6. Settlement of the Kroeze/Pleasant Valley condemnation appeal from the 1988 condemnation for the south wastewater treatment plant. The City is discussing settlement with the Kroezes concerning that 1988 lawsuit, plus alignment of the north/south wastewater treatment connection project location and alignment of the new city street which will provide an improved access to the City's wastewater treatment and recreational site within the next two years - in conjunction with the manufactured home park, see #1 above, 7. County's concerns over the City's intent to comply with the conditional zoning agreement, even after annexation, needs to be clarified, After much discussion, we summarize the agreeme)1ts reached, as follows: 1. Annexation in General Based on the fringe agreement, the County has authority to comment on any City-proposed , annexations into the City of Iowa City, whether the property is owned by an ordinary citizen or by the City. This clearly includes the City's proposed annexation of the wastewater treatment plant and soccer fields, and the City acknowledges the County's right to such comment. To this end, the group agreed that City Planning Director Karin Franklin would work on a protocol in order to fa,cilitate better communication between the City and the County on proposed City annexations, Based also on the fringe agreement, the City has the ability to comment on any County zoning within the area spelled out within the fringe agreement. This protocol is already established, and seems to be working well - even though the entities sometimes disagree, 2. The Conditional Zoning Agreement Between the City and County Regarding the Soccer Fields and Development of the Park Site The group agreed that Karin Franklin and Terry Trueblood would present the overall development of the soccer field/park site to the Board of Supervisors next week, which would be the week of October 31, 1994. The group acknowledged that the conditional zoning agreement specifically contemplated that the City would present the soccer field development 1ft) ]:~ : - -~ o ~' r, I :" ~o, ;.~m-E?A' , '..:'" h .1 \ \ .A f,"'" if , i , I , I i I~ : I , \ , ~, I' , 1" c" ~\;. ' r~' 'l._ 0 -.., - ---,---- , , .. . "t , :- i.\l., , . ,'.' ~ '" . ..~.".l...:.. ..'. ,...,..~,,_,.~'. .,.' .'__n....."_,'...,,_._,. ..'.,,,,..,... ,,__., Steve Lacina and Don Sehr November 2, 1994 Page 3 to the Board of Supervisors prior to construction. The group agreed that the City and the County will attempt better lines of communication concerning such matters. 3. Existing County Roads and Extension of Roads - as they Relate to the 1988 Conditional Zoning Agreement, Current Construction of the Soccer Field/Sanitary Sewer Connection, and Future Construction of the Sanitary Sewer Connection Project a. Nursery Lane >( Because of the concerns of County reside and the County Board of Supervisors, the City will agree to install a physical barrie in order to assure the County that Nursery Lane will only be used as an emergency access and thereby keep soccer field players, and other recreational users from traversing Nursery Lane. b, North Access to the wastewater treatment site/soccer field; conditional zoning agreement The City agrees that a temporary road will be constructed, in order to comply with the conditional zoning agreement - namely primary access to the recreational/soccer fields will be provided from the north, and that recreational traffic will be largely directed into the City soccer field site from the north. The group agreed that 'the City could set the standards for the type of temporary road needed until the manufactured home park/City street was provided through the Langenberg tract and eventually connecting with the City's wastewater treatment/soccer field site. This temporary road access would be provided by the city prior to opening of the soccer field season in September or October of 1995, and that use of the soccer fields would not be permitted by the City until said temporary north access road is complete. The group specifically agreed that this measure would comply with the spirit, language and intent of the conditional zoning agreement, namely to provide a north access route to the City's site "concurrently with development of the" parksite/soccer fields, c.' , Napoleon Road The City and County agree to permit access to the soccer field/recreational site for recreational uses, with the primary access to the soccer fields from the north access road to be constructed prior to September 1995. 1. The group discussed cutting off all access to the soccer fields from the south, but agreed - at least at this point - that some county residents would be using this Napoleon Road access to the soccer fields; and that until Napoleon Road became more problematical, that both City and County would permit some recreational access from Napoleon Road, 2. The City and County will enter an agreement for shared road maintenance of Napoleon Road from Sand Road to the entrance to the wastewater treatment site 'south ~~~1 -. , ---: - o ')'::' _TT~ ~' m. .._ I, i ~ 10 I'" ~ ] '! J:.. " ".I [ " _~'hf;ffj j I , " .:t,', '. ,I", \ '., ~. , . -_..../.,.~ -- u,,~..' .._..".._.,.. ,_,"",_ - Steve Lacina and Don Sehr November 2, 1994 Page 4 access road," which agreement would include use of calcium chloride and filling potholes as reasonably necessary to provide access to the wastewater treatment site and the soccer field site, if appropriate, Said agreement will further spell out timeframes and work to be covered for said maintenance, 3, The City and County agree that the shared maintenance agreement will be only to the level of maintenance of the current county standard of Napoleon Road as a secondary road. 4, The City will reserve the right in said maintenance agreement to curtail recreational access to the City wastewaterlsoccer field site from Napoleon Road, if and when the City deems the City's portion of shared maintenance of Napoleon Road to be greater than the benefits to the City, The group also agreed that both entities acknowledge that such future curtailing recreational use/access to the soccer fields from Napoleon Road may inconvenience some county soccer users - at least until they get used to it. 5, The group agreed that in the event recreational access to the City soccer field is cut off from Napoleon Road, that the City will create a physical barrier to keep I () recreational users from using the City "south access road" to reach the wastewater , treatment/soccer fields via Napoleon Road. d, Sycamore Extended ;,~ 1, With respect to the Sycamore right-of-way from the current city limits to the northernmost portion of the Langenberg tract, which the City anticipates will be annexed into the city, the City will enter into a shared maintenance agreement with the County to maintain said right-of.way at its current county road status - until a city street is constructed over the right of way, The shared maintenance agreement will allow passage of City construction equipment and public vehicles during times of embargo. .2. With respect to Breese Road (known as "the Sycamore L"), which runs to the west from Sycamore extended to Sand Road, the City and County will enter into a similar shared maintenance responsibility agreement, but with less City participation in this portion of the right of way. The shared maintenance agreement will allow passage of City construction equipment and public vehicles during times of embargo. , " \ City and County also acknowledge that the City will continue to snow plow Sycamore extended south of Burns and along Breese Road to Sand Road (the Sycamore L), as is the current practice of the City, and that this sharing of maintenance costs will continue through the construction of the soccer field and wastewater pipeline grading improvements project now underway, and also continue this agreement through construction of the north/south treatment connection project. ~ ~j ~~ ~'I , 'J. ~ ~ <'.\ ,('b' 0 ~- --__ ~~--: 0, ).: i/) I [], - ;.' ,,~;,; . ' . ", .. .~ . , '.,", <"~~~,~,~:i, , "'. ,~~:::' ..',: >: ;' ~ .' ..."", ,,',.,; . ~. , :, _ .__., __~'~:";"~'~'tt~~~..,.~.._~~.~,'J~~.;~~...~i.....u;;~~;~:~~:2:.....;T~;~....._.~_,:..'.:~....~~:.........._,:,,;,~_, c ..,...;.........~~,~..,_.___..:..,_._._~___~_,_ ,:~: Steve Lacina and Don Sehr November 2, 1994 Page 5 3. Routine chip seal will be used on Sycamore extended and Breese Road, and said roads will be maintained only to the extent of their current secondary roads county standard. 4, Annexation/Langenberg Tract/Manufactured Housing Park. The group agreed that if the County wishes to comment on the proposed annexation and city zoning for the mobile home park, that the County will convey those comments to the City Council prior to the matter going to the Iowa Development Board, Hopefully Karin Franklin will have prepared a protocol to deal with this matter prior to the annexation question reaching the City Council - since the issues are still before the City Planning and Zoning Commission. County and City acknowledge that the County has a right to comment on the proposed annexation, but that the City's method of providing affordable housing to its citizens is a matter within the City's discretion. The County further acknowledges that if County residents wish to have input on the proposed City annexation of the Langenberg tract for the manufactured home park as a public/private partnership, that the County may wish to put the matter on their agenda, and that County/citizen discussion would be well within the County's power to "comment" concerning the proposed City annexation. 5, Kroeze Settlement/1988 Condemnation Appeal for South Wastewater Treatment Plant I@ The County acknowledges that this litigation is a matter between the Kroezes and the City to settle, and that any concerns the Kroezes may express with respect to the soccer fields can be dealt with during Karin Franklin and Terry Trueblood's presentation to the Board of Supervisors, (' . * * * * .' '!. ;;J ',:l We trust this incorporates the recommendations to be made by the group to our respective entities, and we would appreciate your comments to any divergence from this letter - prior to presenting the proposed agreements and discussions to ou'r respective Council and Board. Please telephone your comments to City Attorney Linda Newman Woito at 356. 5030, jot your comments on this letter and mall them, or drop them off at the Civic Center. ! ! I I I I ! , ~ ~ '('~'- ! 1t.I1 : '0, ,',' ~,.' ._-~_._,.._--'~~~''''''':: ," """'11- ,='1 . ,': . ..'.."~". ~'\l\ '\ '~.'.: 0...,',;)" ';:C ,...':; ':"""1'" . ;', ".~", ,:l,~' i ~ :"", ,,', "", . ,; ,~ 1 J;.'" . '10', -"'''".'' mf;";, ':', :'i: , l, ",", .-' , '..,~l;,,;,..\," . ' ' . .~ .",,' ;~~' ' ".., ~" f : . ' ~'_:,'~.:::..:~i~~~"".L:~}L~.l~~i~~J.'~"""'~"___~Od_~':'~'~'~_~~~~~;....2'~'~,~".~';,~,~,".,. ~.___.~... _"~d~.'~'''""'''__'.' ~...~......:_~~~~ _,____,,~.~:>.' '. ", ~ " Steve Lacina and Don Sehr November 2, 1994 Page 6 , 'I, ',1 ',"I I ,.1 " , ~' I ,I I I, If we do not hear from you by November 7, 1994, we will assume you agree with the letter, as written, Respectfully,Ju7itted, ~~~. Ste'phen J. tkins City Manager ~ inda Newman Woito jty Attomey " cc: Pat White Terry Trueblood Karin Franklin Rick Fosse Carol Peters Doug Frederick Rick Dvorak Sarah Holecek eadalaUegaNaelna,Hr r ~ \ ~ Ir 1 I , , I' IT ~ \ I ;,<'0:) "J. w" ~; t " P . C'o' ',',.'_.',,',',',,',',' '. _..- , ,:~-.~ ,: )'...'"...'.'''''.'....''' ":",,,.':j'I'~.'" " ":',''"\ :,,' , '-:":'.:,> ' \ ",,0, ,'-, ~,17.',,,,.i.,',...:'~,,:,:;:'l.:,;...,,,~..,',' -~ " \',' - f.!\ l,;;J " , ~'\ '"' '\ .',...,"',..,..."T""':' ','" "it;, , .' ....., ~"J. ,10/ ;;Jj{.:"~""';',;:,',:,;" '..,',;~,;,J "..: '. , " "",'", ',:'0. , "", " , City of Iowa City MEMORANDUM I , 1 j ,I , Date: To: From: Re: December 1, 1994 I Linda Newman Woito, City Attorney Honorable Mayor Susan M. Horowitz and Members of the City Council Iowa Peace Institute; Response to Suggested Media ion I am forwarding a letter sent to me by Warren R. Reinecke of the Iowa Peace Institute, see attached. I had a very thoughtful and productive conversation with Mr. Reinecke, and we agreed to "keep in touch" regarding potential use of alternative conflict resolution, While the water treatment supply and facility project may not be appropriate for mediation, at least not at this juncture, I as a professional never discount continuing negotiation and resolution of disputes between and among various parties. '. ", I thought this would be of interest to you, so I am passing it on to you FYI. " ,~' cc: City Clerk City Manager Assistant City Manager Warren Reinecke, Iowa Peace Institute I 'T '. I ':";- Attachment momos\poacelns,lnw I ('^""" r ,,"'. ~'I"; rv. \t' ,.\~' ~ ~',-'" ! ' 'l,i' I, ,p i ~ I' , i , I i I' Il i I ,I I!';' 1 jJ ~,"', : . (', .:; ~C\50 (, ,"=-" ..=,t".".'I'Vt'I:'lU.,l-..""", ,.-aIlE!, _,' O . ',', , ~ . '" ',' , '. :\ -', ',..,"," - '.., .,.. ,.- Vlf-'~ ~. ," ";'..0,, ]'...,..,"':.... ,~.,~ ':-"':', , ',' ,.:,~{;\(,i,:::: ' ",,", ,_' .. ' ";, ',', .- ~:~ ' I .. '......~~"'-..T~:,~c;'.T':'.:,\'" :/5 ' " "otI, ~ I","" rf LJ" "J, ," _: -,...,~r;' .,.,', ~. , '. o ~ 'rr::1,' I : I I ' , ~,. , I II i I I' I~'J , (/ i I : i I ,: ~~ ~I"',',:;: -I., '\ , t:; ~' :~~, L~ .'. i' ;"'. ' " ',~ I',' ',I 1,;,.-.- "', ,:~t;,<I\ .~ ' f " '," , ,<"," " ,'-,,' ,," - ,,' "'j' , " :, ....",.., " ~. " ",": ,- '" . " , ..:~-...;L:L:i,~,~:..:,~.,...,.:~;..:..:.;~~~_,;...:,.:...u...""".;~...,,,-,,~....~.~~..:.'_:.::",~~_.~,.,~'':.._.-:..~~~-__.,.._,,_.._ _....:...:.....;.:..;.~----'.-:_.,.;.;~-~---- -,--.--.-::-- ' IOWA PEACE INSTITUTE ~~~ 'O~ IOWA MEDIA TION SERVICE Iowa Conflict Resolution Project A Partnership Initiative Dispute Inquiries 1.800-446-2318 EXECUTIVE DIRECTOR C. Gregory Bunlz, Ph.D. EXECUTIVE DIRECTOR Micheal Thompson November 22, 1994 RECEIVED NaV 2 8 1994 Linda Newman Woito City Attorney Civic Center 410 E. Washington Iowa City, IA 52240 em Am):, Dear Ms. Woito: This letter is a follow up to our conversation earlier today about the use of mediation in public policy disputes. Thank you again for the opportunity to review with you the situation regarding the site of a water treatment plant. We would appreciate your consideration and recommendation to be involved in other disputes. As you know this works best when there is an opportunity to maintain a working relationship between parties and where some latitude to negotiate common ground exists. The enclosed brochure traces the development of our project and ways in which we can be of assistance. Good to meet another Grinnellian involved in public service. Warren R. Reinecke Director Enclosure 917 Tenlh Avenue' Box 480 Grinnell. IA 50112 (515)236.4880' FX (515)236.6905 1025 Ashworth Road. 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", ::r;,!I"I,;. ' .' " , ' ,". /' " ' I '-or , ;.. "'i: ',:'r- .j',", . City of Iowa City MEMORANDUM Date: December 1, 1994 To: Honorable Mayor Susan M. Horowitz and Members of the City Council From: Linda Newman Woito, City Attorney Re: Legal opinion on whether state law preempts cities from adopting local "mobile home park" ordinance The City Council recently expressed an interest in the question of whether the City is preempted, by state law, from adopting a local ordinance which would regulate mobile home parks. Attached please find Anne Burnside's memo to me, dated November 18, 1994. I agree entirely with Anne's memo, and forward it to you FYI. If you have more specifics concerning this matter, those specifics will need to be formulated prior to any additional legal research or writing. I trust this is helpful, but please contact me if you have any questions. cc: City Clerk City Manager Assistant City Manager Anne Burnside, First Assistant City Attorney Legal Opinion File Attachment momos\mhpords,lnw ~'\ S\ 'C~~"" . "~.-.\_-:--\T~'-'> .,:\,0. ,:);-,,~,' " .. ,...~ "',''',, ,;",~"",,,,,,,.>,,","""".'"\~,, ,.,,.....";;'y',:(' . \. .".>',; .," , , ,,,., f'" o l,: 1"''''''-- :"';',.' IS ~, " lo/ " ."fY:'I~it:;Ij' , I ......i.-" .. , . ".~r: ,', , '. " ,~ " '. ,. .~' ': :' 1 ". ~' . " ';",",. ,...,~..,l,.L,~,' _..,' ...'..,.,,_'._u. ~~" ..",.__'~",'O'>. ,~._, ~_~,_'L ._,,~...._."'._,_ ',_, - City of Iowa City MEMORANDUM Date: November 18, 1994 To: Linda Newman Woito, City Attorney From: Anne G. Burnside, First Assistant City Attorney-A1;B Re: Ordinance Regulating Landlord/Tenant Matters for Mobile Home Parks ISSUE: You asked that I research whether the City would be preempted from adopting an ordinance regulating landlord/tenant matters for mobile home parks within the City. Chapter 562B, Code of Iowa (19931 is a comprehensive statement of the rights and obligations of landlords and tenants in Iowa mobile home parks. The specific issue, then, is whether the Iowa legislature has preempted municipal action by adopting Chapter 562B. CONCLUSION: Iowa City is not expressly preempted from adopting mobile home park regulation. DISCUSSION: Municipal governments may not undertake to legislate those matters which the legislative branch of state government has preserved to itself. Council Bluffs v. Cain, 372 N'w.2d 810,812 (Iowa 1983), The legislature may demonstrate the intent to exclude ~ municipal action by expressly stating the intention. Chapter 562B does not state an intent I to exclude, but states as its purpose: ....-~ -c( (\ \ ~ .~ "";-~~ i ' I , ' , ' 562B.2 Purposes. Underlying purposes and policies of this chapter are: 1. To simplify, clarify and establish the law governing the rental of mobile home spaces and rights and obligations of landlord and tenant. 2. To encourage landlord and tenant to maintain and improve the quality of mobile home living. ., 562B.3 Supplementary principles of law applicable. Unless displaced by the provisions of this chapter, the principles of law and equity, inclu,ding the law relating to capacity to contract, mutuality of obligations, principal and agent; real property, public health, safety and fire prevention, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy or other validating or invalidating, cause supplement its provisions. . I I : i I I I The foregoing sections articulate a legislative intent to create a framework for the regulation of tenantllandlord matters in mobile home parks, without exclusively occupying the field. , I ~~-' ' ! "I i I , ~~ l:Wm}'; "~' Fiw' l_~ The more relevant issue is whether any proposed ordinance "can be harmonized and reconciled" with Chapter 562B. Citv of Iowa Citv v. WestinQhouse LearninQ Corp., 264 N,W.2d 771 (Iowa 19781. That is measured by whether the proposed language permits an act prohibited by the statute, or prohibits an act permitted by the statute. This determination ~~s\ G~" .- : 0 " , ~----~ o );. . '"..,. I" , ,.' t. ~' ,) 10. .-- ,.._~.,'. " . h.,' .,'. Efo . ". ,'I" . "," . ,>.Ii\r) , :','~ , ,'; , ...- , , - , . 'y .J.'.',.' :..'. .:" ,..:, - ...,... " .",," " , ,1 ,;.'.~..,~',;',.: , . , ~. .' ........J~....~ __.....~__..:.....,""'.,_~"ll........,.~'""""_~,.....",...:~......_._,_...:.~_.....:.:..._.....__,~"~._ .___ .~__ cannot be made until the proposed language is available for analysis. If you have further questions concerning this matter, please let me know if I may be of assistance. ....' ~. , '. , ..-"".-...-.. " , p ( ',," c, \ .1', .>.1 '-'~ I I : I i II , I ! I i~ II :\ , ~' '." ~1 I; ~"5 , c-~~-- ~<:., " :: d' :1 ::~..- i~"\ ,.Q':'lfJ,Y':' ,'. "-r'~" ,~l,S ,10, ".-i " ;,,,,,iJ1ll ". ':"1 .' ...,,:' , , . :t, , '~ ..:. . '1', ~ , . .~. , '-. . " "- ";\' "";,,',,,'.... . ... ....,..":.',,...~_"""'_ "._'.,.,__ ':"".,w, _,_,........-."_._,._.,~~___.,..~.,__. . ...,-.,..,'.,..-......-...,..,..-.......-.,......,,--..-.-....-..- ..- . . \ ~;~ I CITY OF IOWA CITY November 28, 1994 S&G Materials, an Iowa General Partnership c/o William L. Meardon Meardon, Sueppel, Downer & Hayes 122 S, Linn St. Iowa City, IA 52240 Re: Revised Offer to Purchase Property Rights; Iowa City Water Supply and Treatment Facility Gentlemen: The City of Iowa City is constructing a new Iowa City water supply and treatment facility, to be located on a new site north of Interstate 80 and west of North Dubuque, commonly referred to as the "Butler Farm." This site was previously explained to you in a letter dated November 8, 1994, and I will not reiterate the entire explanation of the public improvement project. [ ,Based on two independent appraisals, one of which has recently been revised, the City of Iowa City, Iowa, hereby offers three hundred thirty.seven thousand dollars 1$337,000) as just compensation for purchase of S&G Minerals' leasehold interest and tenant improvements concerning the twenty-five acres of land located in the western portion of the proposed treatment site, which land is zoned A.', Rural District, under the Johnson County Zoning Regulations', 'and pursuant to a court-ordered permit for sand and gravel operations, see plat attached to the November 8, 1994, offer. This revised offer is based on the following appraisal valuations, as of November 29, 1994: " .' Leasehold interest: Tenants' improvements Total valuation to S&G Materials $312,000 25.000 $337,000 ~ '. This revised offer to purchase S&G's leasehold interest is based on an updated appraisal, using the discounted cash flow analysis, see enclosed revised appraisal on S&G Materials' leasehold interest. ~ 410 EAST WASHINOTON SHEET' IOWA CITY. IOWA 51140.1116. (l191 1l6.5000' FAX 1119) 15605009 ~crs~ ~-:::::, , ,- Rl'.,_l ~-~ 1 ~-- :)::,' ~. , ICD ., T ~ ",:~ t.., , .,.' 0', -,"..~:, I,~'. '.'" .'1':-' .:,' . , ' '. . ',:' ,'" y: '- ~- '...-:"'~ , ' r ~, ~,':;, ~". [' ,: , t 1 (T'- i'II,. I " I ! ,;r-o .' , '.. :;:~t;,\~;,:. , . ", '"''\" X,<.;I:'::'l' 1,;:,.':'(,,:':' ':",'/ . ,,' '. ", . " ".' . ,,", '" " '.._...~.._.--",~,~.""".."..._,...~"...,,.-...,....''-'.h...._W~:.:....__'___,.::.:;~+_.::.:. , f", ;f" ~~S~ ",.'m'_"'M""-r_m.~,c : ,11:.,: . :.~ "J " ','.:'. . ',:J':<.': , .~ " ,"'- ' ~"_:,:~_...:..:...i~~,i..,,;..~w:':':~:...::;...~~,:~::.....J;;:"~''''J;~''''''';'~...~;:....,~':;~".,:.;.-..::;....~.:...;,; '. S&G Materials November 28, 1994 Page 2 This revised offer is also made subject to the following: The storage building, scale and scale house, and the stockpiled sand located on the leased premises described in the lease are reserved to and shall remain the property of S&G Materials, an Iowa general partnership, subject to said improvements and stockpiled sand being removed from the condemned property by S&G Materials, an Iowa general partnership, at its expense, no later than October 31/ 1995. S&G Materials shall be granted reasonable access to said property for the removal of said improvements and stockpiled sand. This updated appraisal of S&G/s leasehold interest is based on a revised, independent appraisal provided to the City of Iowa City by Edmond G. Fisher, Roy R. Fisher, Inc. of Davenport, lowa, a copy of which is enclosed. You have previously received a copy of a second independent appraisal completed by William S. Carlson, Des Moines, lowa, together with revised pages previously submitted by the fax machine, Please consider this revised offer, and call me at 356-5030 if you have any questions. We are anxious to conclude this purchaser and remain open for negotiation. Respectfully submitted, {;/~ Un a Newman Woito City Attorney cc: Chuck Schmadeke, Public Works Director David Brown, Outside Counsel Steve Atkins, City Manager City Council - ~YI File Enc. n\lettots\meardon,lw . ~': " " ........ ,,,... ""'''''.'' .,.')h'{,'ii" '\, ' ',"~ '.',' , '.', ~'t' , .. m ..:.~, 0" ~ ,: I ,I' I,;l" f'" JO/ " " )iw~' ;-"\ ,. '~h '1'" , '!, .> . ,~. .'.' , "'''' , '".;.:.." .',~':.." '".....,,, ,.. _'.~ ,.~,_,_:>,..~,.,~.~..';,....,~ ....,., .'.......... "'~.c~..::~.:_~ _~_. . . \ \ i ! ~~ CITY OF IOWA CITY November 28, 1994 Washington Park Partnership, an Iowa General Partnership c/o William L. Meardon Meardon, Sueppel, Downer & Hayes 122 S. Linn Street Iowa City, IA 52240 Re: Revised Offer to Purchase; Iowa City Water Supply & Treatment Facility " Gentlemen: ~. , The City of Iowa City is constructing a new Iowa City water supply and treatment facility, to be located on a new site north of Interstate 80 and west of North Dubuque, commonly Q) referred to as the "Butler Farm." This site was previously explained to you in a letter dated I November 8, 1994, and I will not reiterate the entire explanation of the public improvement project. ac{5~ I" ' " r.. .'/' .,.J ,~~ .-~ ( \ \ .~ rT r~ I I I I , I i i I i f~ ~ \.4 '~~ ?,";I',':( i!~~~ Based on two independent appraisals, the second of which has now been revised, the City of Iowa City hereby tenders an offer of one million, five hundred twenty thousand dollars ($1,520,0001 as just compensation for the approximately two hundred twenty seven and ninety.eight/one-hundredths (227.981 acres, as described in the plat attached to the November 8, 1994 letter. This offer represents the fair market value of the leased fee estate for Washington Park's interest in the approximately 228 acres, subject to the following: The farm tenant, Ivan Walker, shall be permitted to harvest the current crop grown this season on the leased farmland on the above-described property, subje9t to said harvest being completed by December 31, 1994, Said tenant shall be allowed reasonable access to said leased farm property for said harvest. The leasehold interest of S&G is appraised separate and apart from Washington Park Partnership, in the revised amount of $337,000, calculated as follows: Leasehold interest as of November 29, 1994: Tenant's improvements: T otalleasehold revised final offer: $312,000.00 25.000.00 $337,000.00 410 EAST WASHIHOTOH SHEET' IOWA CITY, IOWA l2240-l116' 1l19) 1$6.l000. FAX (lI9) ll6.l009 ,"G-' ,~~-- ", , .-: - J -.,.-~:' o. ,)s; - -- . ,10, ":', ~,,~,' 1:. ,~\,'"", .. .':...~J,,-.'. - . / ..~. r~-- ~' , .'",;::, (, \ \1. i '"~' " ,~i ......---..-~--, ,~' ' , ' . (f d~' I ~ ,I.", i 1:1 I I i I ~)', \,L( ~\"-' " , If ;ft'-;v-~ .~~., ,,~.....:.._-- ~,s~ SSw Q. , ...'..,.,:, " , , .,.~;' "'1 ..,.':' ",: """;"'\".,': ' :',' ,'.~ \.\!,~" . i '. ..... ~",:".. .,\.. ",;, .' :; ,.....";i,:.:.i:.,. "'", .'"..---.... .. ' .. , :'__....;i~,~.,:..'~,,:'~,.:..,~;~'~:~~~_:....,;_~.~...:~~~.....2.~.:..':~;;L..',;;;;.,...:~..~,~:.:...:.:..:~_'.."',."'''~.."'''''',."..,,.....,,'''~~,.....,,,....,......-~...__~..__. ~~.,~_ Washington Park Partnership November 28, 1994 Page 2 The offer for the leased fee estate is based on an independent appraisal provided to the City of Iowa City by William S. Carlson; Carlson, McClure and McWilliams, Inc. of Des Moines, Iowa, and a copy of the Carlson appraisal has previously been submitted to you, including faxed pages of the revised leasehold appraisal. You have previously received a copy of the revised Washington Park appraisal. Please consider this offer, and call me at 356-5030 if you have any questions. We are anxious to conclude this purchase, and remain open for negotiation. Respectfully submitted, J. ~;$ in a Newman Woito City Attorney cc: Chuck Schmadeke, Director of Public Works David Brown, Outside Counsel Steve Atkins, City Manager City Council - FYI File Inwloffer.ltr '~"'--' T ~..~,.. 'i,~~' ,i,., "",.,,),.::'\ ,"" ,:-:oE,.'",' Ii:,' :'... i " ',':"',':, ' Ilr;~';>" . '\ ~ '. t" " I I I I i i I ' ! " ~crS'~ 'r"C"'~'" 'A ,; ?5:'U[J; ,,1,/ ' ":;',;;~~,:i;:~: ,,,-mar :,,;,;~,:""i,': :'.:',.' , City of Iowa City MEMORANDUM ,',1 " DATE: December 2, 1994 TO: Mayor and City Council Marian K. Karr, City clerk1t.,{L 'J i FROM: '" ", -'; Joint meeting with Johnson County Board RE: I have been contacted regarding the scheduling of a joint meeting with the County Board of Supervisors on Tuesday, January 24, 1994. ~' ~ The meeting would be at The Brown Bottle, 115 East Washington, starting at 4:30 p.m. Participants may stay after the meeting for dinner. Please check your calendars and let me if that date would work. bc4.5 '". " l(J . 'i) (~\ \. ,1 , r ~ I l' : , I , , : i I I I II~; I ,[I'" i I J ~ ~'I/)' .~ I" ~~ u (2:: :~_O' ".,.""., ,,", >"".'-, - ",' 0" --J":'T".':":'-"", , t.. 1.<' , - ,')1, ;,,: ,c'l L I. ~ y~ -.;;t J~" , "..i , ',",' " .- '" ", " "'1 ',. " ~ ,,' ~ . ,~, , . . .1'-'- , I r I, i' :',!, I I I. . , "," .0-:.,'.....,. . ,,;.:.,..,--.'. "Iii", :,:.,~~ \\ ~,V .~, .' ',"4 '. ",,~. ." " "1 d", -: '...-,') ., ;r,) (, :~, r: "" , "..~""", .' , f" , .:, _. ,"., _.._'''____.._'_.__.____~__.:._...._______,.__.A..:....._,_,~.. City of Iowa City MEMORANDUM I 'I Date: December 1, 1994 ! To: Mayor and City Council From: Marian K. Karr, City Clerk ~"'~ Re: December 6th Meeting You are scheduled to begin your work session at 6:00 p.m. It is hoped you can finish around 7:00 p.m. Sandwiches will be provided prior to your formal meeting. , '> " bc4-2 r o ~.:i rk" , \ ~ ~I 'rT' I ' i ~ ,.1 II I I f' " " ,'l ' ,~. , '...~9. " "".'1 ~I::i' 't. -'" t[-~:;-~~n- -~_.. ,~ ~-,- , ,). -:', '.1' - '."1 " " >,' . ~C\SLf fO''', 10 "'1.,1" ' ,:) , " ,0; , '. . . , , " " ,"!~hw' ~...~mm" ',,' I ( r'" \ ?: ~'~ " r I , i , ' I b. , I , I r ~1 ") !~ r'~ l[ 0 ~. , r' .1"1, " " ,',~~\ i ' , . ..'.,\'li.. .. ~. . .> . .'" ,. 1 '"'". . ~' , ," ,,:~' ,~. ",,: .., ,'" ' ',. "."', " .- < " ..,'. " ' ' , . ,. .' _~" _ ,,,..'....'.... .....J.....', ~.,.""..q,_,......~".,~....'u...............;..,...~.,""__.~_.'....~......___~._~._______~.,'~~~;.,...,......c.. ,-,,'.' ,..'"...u.,'...,'._.., ,. ,-~,"".,,~..'_.... ...~ -'. -.....:___.._._, ~ 'S-S- "'['" 'S " :~, ~" City of- Iowa City MEMORANDUM Date: December 1, 1994 To: Mayor and City Council From: City Clerk Re: Council Work Session, November 21, 1994 - 6:50 p.m. in Council Chambers Mayor Susan Horowitz presiding. Council present: Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton. City staff present: Atkins, Helling, Woito, Karr, Franklin, Miklo, Yucuis, Davidson, Fowler, Logsdon, Schoon. Reel 94.131, All; 94-132, Side 1. CONSENT CALENDAR ADDITIONS Reel 94-131 , Side 1 Council agreed to consider the following additions to the consent calendar: Consideration of a motion approving a Class C Beer Permit for Fareway Stores, lnc" 2530 Westwinds Drive. Consideration for a motion approving a Class B Beer Permit for Mazzio's Pizza, 1950 Lower Muscatine Avenue. ' REVIEW ZONING MATTERS Reel 94.131, Side 2 PCD Senior Planner Miklo presented the following Planning and Zoning items: a. Settino a public hearino for December 6, 1994. on an amendment to the Zonino Ordinance chanoinq the use reoulations of RM-12 zoned properties located oenerallv alonq Fairchild and Davenport Streets between Dubuoue Street and Dodoe Street. and , in the 200 block alono Bloominoton Street from RM-12. Low Densitv Multi-Familv ReSidential to RNC-12. Neiohborhood Conservation Residential, Council asked that Historic Preservation Commission look at Dubuque Street. Public hearino on an amendment to Citv Code Section 14.6E- 7. to reoulate the location of parkino spaces in the Central Business Support Zone {~, PCD Director Franklin responded to questions. - .- V'7, ,--- .'",: ")""." O .: '-:",' "."..,.. ~ ....,..~,~>',,'. o '!. . ~D, J:~~:':I c. , , .> . '\r' ''.\1" ,'~. ~ "- ~. 2 Public hearinq on an ordinance amendinq the Zoninq Ordinance to chanqe the use requlations of a 5,52 acre propertv located east of Waterfront Drive and the CRANDIC Railroad riqht-of-wav from CI-1, Intensive Commercial. to CC-2. Communitv Commer- g@UHv.Vee/REZ94.0010} Miklo stated a new conditional zoning agreement has been proposed reconfiguring Waterfront Drive so that it does not cross at a diagonal. Kubby requested overhead projections of the two site plans for Council's formal meeting. d. Ordinance amendinq the Zoninq Ordinance to chanqe the use requlations of a 5.52 acre oropertv located east of Waterfront Drive and the CRANDIC Railroad riqht.of-wav from CI-1. Intensive Commercial. to CC-2. Communitv Commercial. (Hv-Vee/REZ94- 0010l (First considerationl e. Ordinance amendinq the Zoninq Ordinance to chanqe the use requlations of a 5,52 acre oropertv located east of Waterfront Drive and the CRANDIC Railroad riqht-of-wav from CI-1. Intensive Commercial. to CC-2. Communitv Commercial. (Hv-Vee/REZ94. 0010j IPass and adoot) f. Public hearinq on an ordinance vacatinq a oortion of Waterfront Drive located southeast of the CRANDIC Railroad riqht-of-wav. (Hv.Vee/VAC94-0006l g. ( h. ,,. ." In response to Horowitz, PCD Director Franklin explained the City would withdraw the application to vacate a portion of Waterfront Drive and remove item f from the agenda, Public hearinq on an amendment to the Comorehensive Plan to chanqe the land use mao desiqnation of orooertv located east of Harlocke Street from 16-24 dwellinq units oer acre to 2-8 dwellinq units oer acre. PCD Director Franklin and Planning and Zoning Commission member Dick Gibson provided information. Council decided to refer items g through p back to the Planning and Zoning Commission. Resolution amendinq the Comorehensive Plan to chanqe the land use mao desiqnation of orooertv located east of Harlocke Street from 16-24 dwellinq units oer acre to 2-8 dwellinq units oer acre. i. Public hearinq on an amendment to the Comorehensive Plan to chanqe the land use mao desiqnation of prooertv located on the north side of Hiqhwav 1 West from 8 . 16 dwellinq units per acre to 2-8 dwellinq units oer acre. j. k. ~ '~l' 1,: ~ rr~ .- ''l 0 '\" -~-------,-~-~ Resolution amendinq the Comorehensive Plan to chanqe the land use map desiqnation of orooertv located on the north side of Hiqhwav 1 from 8.16 dwellinq units oer acre to 2.8 dwellinq units oer acre. Public hearinq on an ordinance amendinq the Zoninq Ordinance bv chanqinq the use requlations of aooroximatelv four acres of land, known as the Jensen Tract. located east of Harlocke Street from RM-44, Hiqh Densitv Multi-Familv Residential. to RS-5. Low Densitv Sinqle.Familv Residential. IREZ93-0007l, ~'1SS ..~ - o ,). m~7 ~-_ ,- ;, , Q ,. .,' I,; '... .,' .,,1 ~o. .' ,~i"']b . , .> , '" .1\\1..." , 1 ;~ ' ...... ,'-,. - Q, 3 I. Ordinance amendina the Zonina Ordinance bv chanaina the use reaulations of approximatelv four acres of land, known as the Jensen tract. located east of Harlocke Street from RM.44. Hiah Densitv Multi.Familv Residential. to RS-5. Low Densitv Sinale.Familv Residential. (REZ93.00071 (First consideration) m. Public hearina on an ordinance amendina the Zonina Ordinance bv chanaina the use reaulations of an approximate 11,5 acre tract of land. known as the Ruppert tract. located aenerallv north of Hiahwav 1 West from RM.44, Hiah Densitv Multi.Familv Residential. to RS-B, Medium Densitv Sinale-familv Residential. (REZ93-0007) n. Ordinance amendina the Zonina Ordinance bv chanaina the use requlations of an approximate 11.5 acre tract of land, known as the Ruppert tract. located aenerallv north of Hiahwav 1 West from RM.44. Hiah Densitv Multi-Familv Residential. to RS-B. Medium Densitv Sinale-familv Residential. IREZ93-000711First consideration} o. Public hearina on an ordinance amendina the Zonina Ordinance bv chanaina the use reaulations of an approximate two acre tract of land located aenerallv on the west side of Harlocke Street from RM-44, Hiah Densitv Multi-Familv Residential. to RS-5. Low Densitv Sinale.Familv Residential. IREZ93.00071 p, Ordinance amendina the Zonina Ordinance bv chanqina the use reaulations of an approximate two acre tract of land located aenerallv on the west side of Harlocke Street from RM-44, Hiah Densitv Multi.Familv Residential, to RS-5. Low Densitv Sinale-Familv Residential. (REZ93-00071 (First consideration) q. Amendment to Citv Code Section 14-6E.2. Neiahborhood Commercial Zone lCN-1IL to allow restaurants as provisional uses or bv special exception with specific restrictions. and car washes bv special exception with specific restrictions. (First consideration) .....-....' " r, Amendments to City Code Section 14.6B.2 and Section 14.6E-8 to permit restaurant carrv.out uses in the CB.1 0 zone. (First considerationt ..\ r....".l \, \ \!. .~l r,(\ , , \ s. Amendments to the Zonina Ordinance. Section 14.6N-1. Off-Street Parkina Reauirements, to reauire parkina spaces for commercial uses in the Central Business Support Zone lldtID. (Second consideration) \1 i: Amendment to City Code Section 14-6J.2. Planned Deveiopment Housina Overlav (OPDH) Zone to reauire dedication of land or payment of fees in lieu of land for neiahborhood open space. lPass and adOPt), t. , I~ I i i I u. Ordinance amendina Title 14. Chapter 7. "Land Subdivisions." of the Citv Code bv addina a new article D entitled "Dedication of Land or Pavment of Fees in Lieu of Land for Neiahborhood Open Space." (Pass and adopt) ~ ' I I , v. Amendment to Title 14. Unified Development Code, Chapter 7 , Land Subdivisions, bv amendina Article A of the Citv Code to reauire review and approval of the division of land prior to recordina, (Pass and adoPtt w. Resolution approvina the preliminarv and final plat of Villaae Green. Part XIII. includina a resubdivision of a portion of Villaae Green, Part III. an 11,57 acre, 17 lot residential subdivision located east of WellinQton Drive. (SUB94.00131 ,,"' , ~,ss :~t~~~\"""~'--"f~i~IiiP _~'M__ '::~ ' '-0 .).;', I ...~ i ~ ~[l . ;~~;::1 ... I, .> . '" . . '1\", " . ~ , ',' ~ "; ~' . , i: ' ......,_,_... .A, 4 x. Ordinance amendino the Zonino Ordinance to rezone the Citv's south wastewater treatment plant site to p, Public. (REZ94.0005) (Pass and Adopt) y. Resolution statino the Citv's commitment to provide a north access to the South Wastewater Treatment Plant Site and to restrict the use of Nurserv Lane. Miklo recommended withdrawing item y. City Attorney Woito stated she will present Council with a formal agreement between the County and City regarding north access, use of Napoleon Road, etc. Council agreed to withdraw item y. NEAR SOUTHSIDE Reel 94-131; Side 1 PCD Director Franklin presented information about the near southside proposals and distributed copies of two resolutions (previously in October 21 packet), authorizing preparation of a design plan and a resolution of intent to vacate Dubuque Street. In response to Council, Franklin stated staff will report back to Council regarding the design plan components. Council agreed to withdraw the proposed resolution to vacate Dubuque Street right of way between Burlington Street and Court Street. Majority of Council concurred with language of the resolution authorizing the preparation of the design plan. Franklin and Council commented on correspondence received from Kevin Hanick (consent I calendar 4.f.(811. Horowitz explained that Council members who voted to defeat the I amendment to the parking impact fee ordinance that would exempt hotels that had a lease i agreement with the City can bring it back for consideration. Staff Action: Resubmit reinvestment projections based on 50% and 100% reinvestment. (Franklin) (' C-'-', \ ~, ~ ':-1- l ' ~, ; ! COURT HILL TRANSIT ROUTE Reel 94-131; Side 2 Parking and Transit Director Fowler and Transit Manager Logsdon presented information about the Court Hill transit route. Council reguested that staff provide better notification to Council and people on the bus routes. Kubby suggested that a free bus pass be included in the notification sent out to residents. I I ! I , I Staff Action: Council to be notified of route changes in advance in the future. (Fowler) COUNCIL AGENDA/TIME Reel 94-131; Side 2 , , : l 1. City Clerk Karr noted Council received two additions to the agenda: item #20, an ordinance adding permission for bicyclists (second consideration) and item #21, an ordinance adding provisions for toy vehicles Ifinal consideration). Council agreed to defer indefinitely the toy vehicles, item #21. i i 2. Agenda items #7 and #8 . Water and wastewater public hearing and ordinance (City Manager Atkins distributed handouts schedule 1 water rates and schedule 2 water rates). Atkins presented information about the water and wastewater public hearing, lC~"~'''''r-, '=~ _ ~~._ v ,.' __ _.._ O_)~':;"" ~'1SS' I ~,[J;, /~ ~, " ~1iE:;h1! ' ,r.....r " r ;\ \\ \ ~~ ",- : I '1 . I !, ,I 'I' , r" I, I Ii" , II: , I : I , ' , i ; t;\ ! i I'.;, I i : I '\ i ;;,..~:!-/ \",' ,I L_-:_ ,,('" - 0 \ , -- " ;'j' .. . '\~ " "-1 '.\ I, '~. " '.-:, ~ '-. :! ' ....",.,..,.._,.'. -- 5 ordinance, and tap-on charge. In response to Council, Atkins stated he will prepare a draft resolution regarding low-income policy. Atkins asked Council to reach consensus on whether to proceed with a tap-on charge and flat rates. In response to Horowitz, Atkins explained that action is needed by the end of December to package the bond sale by spring, City Clerk Karr noted ,the ordinance must be published by the end of December to give two months notice to make the rates effective March 1. Kubby requested aerial photos of the proposed water plant site to be provided at Tuesday's formal Council meeting and staff be present to respond to questions about water and wastewater. 3. Lehman requested that the December 5, 1994 Council work session be rescheduled to December 6, 1994. Council agreed to reschedule the December 5 Council work session to December 6, at 6:00 p.m. 4. Horowitz noted that Lehman is attending the JTPA and JCCOG meetings. 5. Throgmorton stated he met with John Lohman, President of the University of Iowa Student Senate and discussed rate increases, lighting, traffic safety and jaywalking, and appointments to City boards and commissions. Throgmorton and Lohman also discussed representation on the JCCOG multi-family dwelling recycle committee. 6. Horowitz stated she needs to send a letter to JCCOG regarding Baker's appointment to JCCOG (replacing Pigottl. 7. Pigott requested that Council schedule a work session discussion about outdoor cafes. 8. Kubby requested that the City Council request that Johnson County Board of Supervisors schedule a joint council supervisor meeting in January. Staff will follow up. 9. In response to Kubby, City Manager Atkins stated that PCD Director Franklin is meeting with the Fringe Area committee. 10. 'In re,sponse to Kubby, Council accepted City Clerk's policy regarding meeting diskettes as outlined in Karr's November 15 memo regarding transcriptions of meetings. 11. In response to Kubby, Horowitz stated the SEATS Committee will be reconvened after information is received. 12. Kubby noted Council received correspondence from John Kennedy regarding switching the entrance and exit drives at West High School. Lehman stated the school board has already looked at that issue. 13. Horowitz asked Council to give her information to take to the National League of Cities meeting concerning policies of transportation, human development and finance. 15. In response to Horowitz., Council agreed to join the environmental caucus. ~' I , II I :t9S$' .- I;~ . - - .~, o ) I '.. '- ,..' .) I D, .- ., '7',~).' l, '- I ;fEwJil;Jj> ' .':,;:',,":', , . ,-- , , ,:': "...~:' " ....~,.. , , t~ k ,. c\\,. " \\ :, .~~ r IX, I ~ I' I ' , : , c~ ,,\..., ",0 ',', ..," - ~, .,."'.-'1, , ," ',' ",I ','- , ~ , "j' .. ", t' '..', -._ ':' ";.\ ,'.... '\' ", ' :,' ".', ..~ , ~'.~':~L~'j' >~~, 'v........ ...,!.n............~~:.:',', '.', ;~,.."....,~,,~,'...<:.,;~i..l~~';~:....._..~'" ..."""..,:..'.;......._....;.;.:.~~~_-'.N'.,,'.^_,,_....~"'...~._,~....:.w__~_ ...,~_...-..:.~.:_:.. ':._ 6 APPOINTMENTS Reel 94.132; Side 1 Parks and Recreation Commission: Judith Klink, 1101 Harlocke Drive, Meeting adjourned at 9: 15. clarklccl1,2t.lnl ,",',:,. .. 'R ~' _~~lli]s\: ' -=>CJSS ,....",.,.,.:"....."'..T.....'...,',..... :,"S', ';.',,''>,,' "''-'',,'''1\ ~..- '\ - - I .._...,......0.::. I i , I , ,I I ,,' I , I , I , , , 0, itl'l<<i~i, I"'j' . .. '. '. -.~ . . ",k'l /", ,,\,':, " " ',',,' 1 '.,., ~' , 1, " " " . . <"'-,.'.--." ., "'", ' :': ~'4_:,7:,":,',,-,,,,,~, ,_".._..~._,,__;.':"'..._,.~.~,...:.~ ....w...',.,,::.;.....',...,.."__ ~.,._ .....:._..~~>_....:',.._,.- '." - " December 2. 1994 I ,~ Mr. Larry Molnar, Asst. Prof. Physics & Astronomy University of Iowa 602 Van Allen Hall Iowa City, IA 52242 ~~ CITY OF IOWA CITY Dear Mr. Molnar: Council Member Kubby shared with me your E-Mail message of November 21. 1994 concerning Council transcriptions, and I felt a need to respond to some of your remarks. " Your opening remark, "The proposed policy is an improvement on nothing, but it seems to deliberately discourage the flow of information", seems to indicate we haven't made any progress. I believe this City Council should be applauded for their efforts in encouraging the flow of information. We need to continue our efforts and continue to move forward. However, we must move forward with both eyes open. Investigation into legal restrictions and potential costs should be considered, Currently, Iowa law does not recognize computer retention as permanent record. Therefore, to meet State requirements all documents must be retained in hard copy or on microfilm, regardless of diskette or computer on-line storage. You questioned the $1.85 cost for a diskette. The City purchases formatted diskette for $1,81, State Code Section 22,3 states "The fee for the copying service as determined by the lawful custodian shall not exceed the cost of providing the service." Actual cost plus staff time and equipment were considered when establishing the $1.85. The present cost of $1,85 will be looked at on an annual basis and adjusted accordingly. Only city furnished diskettes will be used to avoid any computer viruses that may be transmitted, A citizen may request a number of meetings, either work sessions or formals. be included on one diskette. If such a request is made originally this will alleviate additional costs to the citizen. .,....-:", Ii::. I, , ,.\ " [-'\" \1 ''': ,~~ "r" t \ I Another concern expressed was that the one year retention time was too short. Prior to erasing any transcriptions next year I will approach Council on this issue, confirm the one year period, and recommend any changes to the policy or present equipment. Please remember that transcriptions are permanently maintained on microfilm. " I 'I I I ' : I ! : I , . i i .,. IX,:, , i ) ~l,,,, ;> f We have made great strides in the past two years but shouldn't stop now. I believe that Iowa City is the first.city in the state to do detailed transcriptions, preserve them, and offer them on diskette. I know that other, Iowa cities will be watching how this policy works and the number of requests. Can we be doing more? Of course. Anything and anytime that government can make information more accessible is time and money well spent. I Thank you for your interest in the City and I look forward to the years ahead and the additional changes to make information more accessible. Sincerely, Jt~~ t ~J Marian K. Karr City Clerk '. :1,: cc: City Council bc5.1 ,"',l, 'I' , ",' ~'>'\f. /. ~; , I (j'~:' , ',' --"'- jlO EAST WASHINOTON STREET' IOWA CITY. IOWA 51110.1126' (319) 311.5000' FAX Il19) l56.5009 "G~'- j-l ,--~' ':<< 'OJ . ,." 0, )",u,',..'.. , , .:', . .-,'r': .,.," ~~5~ I"'" i5 Ill, - " ,1CE'?J ,> " r -~ > I \\ \ \ r.~ : r \ , I" I I I I I I , , '~~ i! "I , I I , , ~ i A "~"" ~'\\' .' 1 '-,L':: "I , f"l' i,:, f~ ~j! ",' L__ c " ~__O ~<t.s1 I ~ ,\ j .. . "~, ' 'IW"~ .. 1 ". . :.' ,. .....__,_.. . ,.n. ..,._..,....... ..,.__._,.___,_.'.,_.'' _ u City of Iowa City MEMORANDUM Date: December 1, 1994 To: Mayor, City Council and City Manager Melrose Avenue Focus Group Other Interested Persons From: Jeff Davidson, Assistant Director, Planning & Community Development ?II Re: Revised schedule for Melrose Avenue environmental assessmenValternatives analysis We have encountered some delays in the Melrose Avenue environmental assessmenValternatives analysis project. These delays have caused us to revise the schedule for completion. The delays are the result of the following factors: 1. The requirement by the State Office of Historic Preservation that we complete a Phase I and II Architectural History Survey, 2. The requirement by the Federal Highway Administration that the report be converted to metric units. 3. Additional time required to complete the traffic analysis and visual imaging components of the report. 4. Our desire to avoid the holidays for the public comment process. SRW has given us the following revised schedule for completion of the project. Work Task Approximate Completion Date Dec.23 . Jan.5 Jan.3 " Jan.17 Jan.31 . Feb.14 Feb,15 . Feb,27 Feb,27 week of Mar.13 Finalize alternative street alignments and traffic analysis Complete visual imaging Review of draft report by City/Iowa DOT/FHWA Final revisions and production of draft report Release of draft report to public Public hearing Close of public comment period Submit draft report and summary of public comments to FHWA FHWA issues Finding of No Significant Impact or requirement for Environ. mental Impact Statement Apr,3 Apr.24 May If a Finding of No Significant Impact is issued by the Federal Highway Administration in May, the report will then be available for the City Council to proceed with their decision making on the design of the street and bridge. The above schedule avoids University spring break which is March 18-26. Let me know if you have any questions regarding this revised schedule. cc: Rick Fosse, City Engineer bc4.1 --~u ~, *~~ 0_ ~)" ~. , - }t. ,~ l,,J , r ,.} I 0, . Jl~:A1; I,. ...-' I' j" " ',~t:~'t ~ ': ': ,.. . . " . ~ " - ~ ~..~,_ ,. ,. _",_",~,u........~,..___~~~,_.,...._~_". _____.~.~____ .____ MEMORANDUM TO: Capt. P. Harney FROM: S.E. FORTMANN #33 RE: Complaint by Mr.R,Lakes DATE: NOVEMBER 30, 1994 Dear Capt, Harney, On 11-23-94 I met with Mr. Lakes at the Police Department to talk about the concerns he had reference traffic in his neighborhood. .L (- \ If , , ~, Mr. Lakes expressed concern about speeders on Magowan, Ferson and River. Mr, Lakes also indicated that there were numerous vehicles running the stop signs 'at Riverside and River, and that all of these problems were in danger of causing accidents. Mr, Lakes reported observing these violations between the hours of 0730-0830 hrs, and 1700-1800 hrs', Mr, Lakes thought that enforcement in the area would help, but would not solve the problem, due to officers inability to be in the area at all times. Mr. Lakes also stated that he felt the problem was worse in the Spring on warm sunny days, I talked with Mr, Lakes about some of the solutions he had come up with, such as speed humps and cameras, and the possible problems with the use of these options. I also mentioned to Mr. Lakes that we had very few accidents in the areas discussed, In concluding our conversation, I agreed to begin periodic saturation enforcement In the areas, and at the times mentioned, I agreed to get back to Mr. Lakes after a few weeks time to go over the results of my contacts in the area. Mr. Lakes was also advised that he could contact me directly with any licence numbers of frequent vio'1ators in the area. I would in turn attempt to make contact with the driver, and advise him/her of the problem they were causing in the area. I I ! ! " ! : I i! : i, I ~,; T' ~J cc: Stephen Atkins Jim Throgmorton , ~"'I'" I: r~i III r .. .......~ :, 0 " _n ___=~"-"lT _ ~~ " ,..' :.,; ]':.'" , 0, .~. ~ .,.' . - Q '. ~~Sg 1/5 ' I 0', _ -,-.. :~, '-' '~." -. . , - . , " ~ . ,. .,~:'\. '!".'., , : i;.~4!':,' '> ~ ,;':, -..,' , . ". ~-. . " ..'/.,:" ",..A..,'!: :"-.' ..,'~' J'... ;.. :'~, " ,," ',' , ~ " "'-.y, . . , . , ~ ,. .,..~.~._"...;_:~. 0-. ,,' . '-"';':_':~.~~.:'~..~:,.~..:~_~.:.'~~'~,~,:~'L~~~"..m.'.....~:;::~,_~,_~,~___._._ ,..... . " . f" , . :, , ' .. .. ~._._..._....;.__"':_~_.____.._..c.~_. ." . City of Iowa City M E M 0 RAN 0 U M . DATE: November 30,1994 / TO: Steve Atkins, City Manager FROM: Rick Fosse, City Engineer ~ , , RE: Whispering Meadows Basement Flooding " Currently there are 33 single family homes, both private and duplex, in the Whispering Meadows Part I subdivision. There seems to be only one home with a full depth basement and one split-foyer with a partial basement based upon a visual inspection on Monday, November 21, 1994. The remaining homes are either on a slab or have crawl spaces (a non.livable area not to exceed 5 feet in height under the main floor). There are some sump pump drain lines located in this subdivision which would promote the use of sump pumps for the homes with below grade floors. The Engineering Division has received no complaints or has any record of basement flooding during rains since their construction beginning in June of 1991. This includes the 1993 summer rains. I cc: Jeff McClure (Engineering Division) ,r---- r~ ~ ';~r'~. ..'.'....' I' ., I. Y , \. , Ii, I. ' I" ,. N_ . j' !, : 1:1 I ! I ,I I ,I , [ r" ~J "1, ~'\5,\ \tL=; _ dr-'l''"-- ..""'W' _ -~ ". ..~_" ",=--;'0,,');';\ . 1,-'-" ,~ ~.' .." 0/ - .". ~":'., ". . " h .m:b\'. .....,... " '".., ., I"j. " '. 'It . .'- ;,,\.\,~ " ',;"w .. . '....1 , -,.._':..~ . ' '. '~,' .;" ._'_._"'_..__~__" .,-~_....' _._.<..~~.. ~'_""".""""""'" ."c:."".~_,__......_,_.__._ nH..'_ City of Iowa City MEMORANDUM f" . ...-..,.....,- J.' f"'"""'-" I \ \J . :'\\., ~ 'iT ,f , ' ,~ , I'"~ I .~ , r.: i I,' , \It 1'1 ! . Ii, . , I! I I I I . I I: i I ! I , I : I !f' it ; l ), " ...,: , ~"'....... ^ r . ,1. .' \~ Co t.., _ TO: City Manager and City Council Steven Nasby, Associate Plann~~ December I, 1994 FROM: DATE: RE: Towncrest Relocation Program Update The Towncrcst Relocation Program is moving steadily along, with a few bumps here and there, As the relocation program proceeds we are finding that the cooperation of the residents has been quite positive. In many cases the residents have improved their living situations. To date, we have relocated 22 households out of 53. Seven of the remaining households have abandoned their units and have moved without contacting us, and five more have already located another unit but are planning on moving in the next couple of months. A majority of the 24 I remaining households have been working on locating another unit and have made significant progress towards relocation. However, we do have eight households who have special needs and are having difficulty in relocating. ot~l,O IT" :/5.'\ There are two special needs households that are especially difficult LIFE Skills, and City staff have been in continuous contact with these households, The impediments to relocating these households include a pet, locational preferences of the residents, age of their existing units, unwillingness to consider replacement housing, and a lack of financial resources, We will continue to work with all of the households still residing at Towncrest and do what we can to assist them in their relocation efforts. The following is a brief financial summary of the funds that have been expended for the relocation of the 22 households we have assisted to date. Please keep in mind that some of these households have yet to turn in some of their outstanding expenses. These expenses do not include staff time (Marianne Milkman. 30.5 hours, Steven Nasby. 173 hours, and Becka Yucuis . 40 hours). $ 4,433.22 $ 7,974.50 $46,650.00 $37,011.00 $ 208.74 $96,277.46 Moving Expenses Rent and Deposits Equity Payments Replacement Housing Rehabilitation Expenses TOTAL In addition, we have expended $1,585 for LIFE Skills' assistance with the relocation program and $2,595 for appraisals, If you have any questions regarding the Towncrest Relocation Program or the financial summary please contact me at 356.5248. ~w.w -, - ).... , . . . , , .', ., . . , '., _0" . ,i" . - 10, ., . ',.", .!' ;~1.' . r'_" . . .~.." . '. ('j " .. '. >'f:' o . ~,\~ !,', "', ,.... " . ;.' ~ '~"I'. . ; , . ':c-,_, -.~;J;"" .' . ", . . . _.. ._~..;~',_~; .:..~'"'' ~..h ~._..._.._'_....:. ,._;_.'~~~"'''U.'''~A:''''''':''''_~ _:. ';',~._'.~.U_."."';': ._~~..~:~;...:..~,. .""... ," City of Iowa City MEMORANDUM Date: M?J1~~;J November 30,1994 ~ Joe Fowler, Director of Parking & Transit' Bill DOllman, Parking Manager~" Chauncey Swan Parking Ramp To: From: Re: , .l , \ In mid-October, the Chauncey Swan Plaza Parking Facility completed it's first full year of operation. As a result of this milestone, I would like to share some highlights of the year with you. The ultimate highlight of the year was receiving the "Award of Merit for Parking Design" from the Institutional and Municipal Parking Congress. The criteria used for jUdging was architectural design, economical use of construction materials, functional layout/ease of traffic flow' and flexibility of features. The flexibility of the Swan Facility greatly impressed the committee,as stated in the ~ing Professional, " . . . the functional design blends with existing buildings, connects with an existing street bridge and incorporates a farmers' market". I wish that the new Chauncey Swan Plaza Park had been completed before the judging. The park was completed mid-summer and gives the facility that "finishing touch" along the west side. The Farmers' Market completed it's first year within the facility. I received many favorable comments from vendors about the location, accessibility and availability of utilities in the ramp. As can be expected, there were some problems to work out but these and possible ideas for improvement will be discussed with the Parks & Rec. staff prior to the opening of the market next year. \ ~ "T I . statistic~lly speaking, of the 475 available spaces in the ramp: - 338 spaces are held by permit holders - 70 of those 338 permits are employee permits - 10 are reserved for Senior Center parking - 8 are reserved for Handicapped parking. - 131 names remain on the waiting list for permits , I ~ :\, \'1 , ~1~1 " f" 0, " '.. (y - , 0 :. .~-_._~- .~ ',~~ - ,'_'....IO~... .j.. ",Z"'-- ",_' .r, .'_." ...n.n " . :''':-'\;'''' .,.'" . 'r::~ .8, ['J. '.', I~, .~) U . ~e;~~~i.'-:,:,~'~: ., 'f.,.". ,,' ' - ,...~:,..' . ~ .' .\',' . " l ....; ",<',1 j 1 f" " " ,j.., _ ..~~~:~.:~"~i~~,~...,,.""n~...::~~J..:..~::,.........:';~'~,lJ.;".I"'~'1:~"~"""~.....;.;~.,~..:::~..;.~~_.......::~;~~:~:;_~~~..:..~'>."....'-"..";,, ".'~'''''''''''':'"'_';';'~'~'''''''''''''''''._~_'__'" - ,..-'--'~ Revenues from the meter collection for the thirteen month period amounted to $ 49,522.93. Attached is a graph showing the corresponding monthly revenue hours for the period October '93 through October '94. Note, October '93 was not a full month of service. , " ...~ Based on these figures, it appears that the public has accepted the non-attended ramp. Although initially customers were confused by the pre-pay system, as a result of the use of the local cable channel for advertising and for the public relations efforts of the parking staff the calls and questions have become less frequent. After the first few weeks the customers accepted the facility. Lower rates allowed by the reduced hours of enforcement in a non- attended facility has also helped pUblic acceptance. Permit parking in the ramp is much in demand. Increased revenue is possible through the sale of additional permits. However, this possibility should be evaluated at a later date after the status of the Library and Linn street lots is determined. In summary, I am extremely pleased with the first full year of operation of the Swan ramp. It has been a year with many pluses from the pUblic's acceptance to the addition of the beautiful new park next door. Therefore,I have no reason to .believe that the Swan ramp should not continue to be an asset to both the Parking Department and the City of Iowa city for many years to come." A 0" [ c"" \ ,I' ~r",' I, I I I , F I , I. I I I I '1 I ~, I , i , ~ " , " \\.. ~j' K' K . ")1 , ,~C~._~~:"~~-:'~l ',~, , 'I' ",-4",",.--'. ..' . .'..' '. ~"(pl , ,~. 1)' ..:':,."..'..'.......-'.'........,..'. ........1'..,'- , B': 'C'::OL) "':~\';>\ , "''/:1,.0, _ "~""_",,,"""':' ":)"\::""'::';',,<:\':":"::1/' ",,;', ".', ;ti,., ',"''' ""'" '0'" ." "::",,:..:...',',- ~~?,~ :'j ,.:..:';.,",,' " , / '. ,~ L::, \l ~ rr! : ~I i . I --" ",(--~ ~ " , . .., : '," ...~," , .", < ''.~h''l( ..,.\1.. ' ". '1"::"" ';',,:+,..",..' " "'t _'.,,'.._0__',' " ,.' " .... '.' '\ " " . ," , , . .,,':_~,~ _~.::L~n'c.....",".LL~:_~..~,~L,;~:,:~,~",",,;",-,':~'~;,..~'..:..::,L~;';:La_~~'.';~--::~_~~_"':-:"',..__._..~_.,._._....__,~__~~._~~___....~_'_ en .... :-J o I~ Q)~ ::JL. c:J5 Q)O >0 0)0 a.:~ 0.9> '- EJ5 cao o a:o c: ct1 ~ CJ) --....... ;.- ~" I I I I I ! i I I I I I I I I 1 I I I o co <0 'lit C\J ,.. ,.. ,- I I ! j ! I I I i I I I I j i ! I ! j I i j I I I I i I I I i I I ! I I ! I I I , .,,', - C\J 0 co <0 V C\l 0 ,... ,... (spuesnoLlD sJnOH w- ._ ~)"'~":""""""" , .' . . ,,,,' ',' ,Co" ' ' \ " ',_:" "',"','" ".,',', ,'. .,1.:,' .,' ..... ..... '..., 0,.. - . "",....., . "', ... ' .. " ;.',,'. ,': '., " . :. '..:, '," , : .:,~:' ..".':--' . - 'J q'/':"".':,:: o o 0.. Q) (f) 0') ::J <C - ::J ""') C ::J ~ ctS en ~.c ..... o..c <C 0 (ij~ ~ .0 Q) U. C ctS "6 Q) 9 o z t) o ~~,bl -, f" I D . I . ,I I .10"'::., \....... .) Co.. l,: ~ .J., '" .,-..,...,.. '." ',"'. ~ ' \ ,., :.', '. .:,.~V'.\I'I .~' :,.,-,. " 'j', ,. ~~ SI.."iilll' , : ~:....::::.:I." .' ,.,.' .~..,.:,,'~... ,. . , " ' ,., , f" " . ~ . -,",: ,'.' .' .' ...._:........_.._.._~..;._.... .' " .,' ': ',':' """ .'.' .;~--..;.._._-_._-"--_._""'--~-..;. City of Iowa City MEMORANDUM Date: November 23, 1994 I' . To: City Council Members From: Steve Long, Associate Plann~ " 'I.. / Re: 1993 Supplemental CDBG Grantee Performance Report (GPR) As required by HUD, the Community Development Division recently completed and submitted the 1993 Supplemental CDBG Grantee Performance Report for flood relief. :,'; I have enclosed a copy of the document for your review. When reading the GPR, please keep in mind that $280,000 of the funds have been committed to a new manufactured housing park. This new park will give people currently living in the 1 DO-year floodplain an option to move out of the floodplain. The remainder of funds have been committed to the rehabilitation of flood damaged homes, to the elevation of mobile/manufactured homes above the 1 DO-year floodplain and to the construction of permanent foundations under CDBG assisted mobile/manufactured homes located in the 1 DO-year floodplain. " , .~-. Most of the flood related projects are anticipated to be completed by December 31, 1994. If you have any questions, feel free to call me at 356-5250. ," b~ 1993gpr , ('"" (\.. ,~r ".. I ; \ ,,' 10: I'{";\ , 'I) ';: ! ' ii : i I I: II I Ir" 11, i ! ,.,. ~.A ' \,'.......7. ;" 'C" -.-- j 0 it,. " '.. u'" .' -2 . .... ,.__.rr-r_........,;,........................~...,'...-;:',"\\'C,,"':'" '..;",'.. .' \ ,'.' ~;:;;~~~:"':'. ,~,"~>:",.;"- ", ~C\b~ ,.,...,...,..., ,.....'1'.."......,'.' "5.' , I", .' i - " 0, ~ 1993 SUPPLEMENTAL CDBG Grantee Performance Report "-... , ' I', v FLOOD RELIEF ~ City of Iowa City Metro Entitlement Supplemental Community Development Bloel\: Grant ,~ NOVEMBER 1994 ~.': ,l,,'1 (.~ ~ (;'~';)t'dl. , '?t~~,.,t, :.,I.'''~'~''\.'J, I "j':"'::'";.il ,10,,"1 .._,.r.,. ~16~ ~~=~,w~..'" .. ,...-- _= - .....--.---.. . 0 ) ,,"' " n \1 \1 :1 n :,1 " ~~ :'/ :j ;;j .i .. ::; " (:1 ~i k ~; ~'~ " \.;~ . i) ::! fi ::: ~~ ~ i"1 . I': ,,) '1 Li " ~:j i;', .. ;i ...: I; ~.i ., l'~ :7 r' ,) " I J ~ Ii i1 q ij " (.'1 (:! r; ~1 I' ,. II 11 I! l] rl it ti 1 ... >> :1 ~i i,\ i~ " " (. i: I"'~ ... ~:' LJ ;~~'.. .c.'''''' . . 'c._. ~'.c._. , .-:' .,..--.".-- .L (~.\ \ \ , \' " ~:l i-r \~,. I ., , 'l- I 'I i. '1 '.. :. ,"\';' ~ I , . i I ., , I " '", .1"',: ";'. . " '.".' . ':':~h~'I:.: ',.:", .. ,,~. .' ,:, . ,",:' 1 " f" . , . "". ' . ':',~~; -,'. :~:"" - '. . .-. -....^... ......._,_...~---_..:_.,...-.~........~...._,.,"".,-....,.."'....-,,--_.....~.. Department of Housing & Urban Development Office of Community Planning COVER PAGE Grantee Performance Report Community Development Block Grant Program OMS Approval No. 2502-0006(exp. 3/31/93) -------------------------------------------------------------------------------- 11. PROGRAM YEAR END\2. GRANT NUMBER 08/31/94 B93MF190009 -------------------------------------------------------------------------------- 3. NAME & ADDRESS OF GRANTEE City of Iowa City 410 East Washington Street Civic Center Building 4. NAME & ADDRESS OF C. D. DIRECTOR Ms. Marianne Milkman Iowa City Civic Center 410 East Washington Street Iowa City, IA 52240-1826 Iowa City, IA 52240-1826 -------------------------------------------------------------------------------- 5, NAME & PHONE OF PERSON WITH INFO Ms. Marianne Milkman (319) 356-5244 6. NAME & PHONE OF PERSON TO CONTACT Ms. Marianne Milkman (319)356-5244 ---------------------------------------------------------------------~---------- 7. Have these Community Development Block Grant (CDBG) funds been used: a. to meet the community development program objectives in the final statement for this program year? If no, explain, in narrative attachment, how: (1) the uses did not relata to program objectives; and (2) future activities or program objectives might change as a result of this year's experiences. ~ Yes b. exclusively to either benefit low-and-moderate (low/mod) income persons, aid in the prevention or elimination of slums or blight, or meet community development needs having a particular urgency? If no, explain in a narrative attachment. Yes c. such that the grantee has complied with, or will comply with, its certification to expend not less than 70% of its CDSG funds, during the specified period, on activities which benefit low/mod income , persons? If n~, explain in a narrative attachment. Yes -------------------------------------------------------------------------------- 8. Were citizen comments about this report and/or the CDBG program received? If yes, attach a summary. Yes -------------------------------------------------------------------------------- 9, Indicate how the Grantee Performance Report was made available to the public: a. By printed notice (name & date) See Attached b. By public hearing (place & date) See Attached c. Other See Attached -------------------------------------------------------------------------------- 10. The following forms must be completed a. Activity summary, form HUD 4949.2 b. Activity Summary, form HUD 4949.2a c. Financial summary, form HUD 4949.3 and attached: d. 1-4-1 Replacement,form HUD 4949,4 e. Rehabilitation,form HUD 4949.5 f. Displacement, form HUD 4949,6 -------------------------------------------------------------------------------- " -------------------------------------------------------------------------------- This form may be reproduced on office copiers Previous editions are obsolete Retain this record for 3 years, form HUD-4949.1(ll/20/92) ref Handbook 6510.2 page 1 of 11 Run Time: 10:50:26 Run Date: 11/17/94 '<Cf ,,~ ..'.'.1' .... '.tt.. ,oj' .) [], c ~ ~'M~_'''_ 1 _.~ - ~l -, .. -01,]/': . '. '-'._", ~'T!_": I 1" ; .,..."':.... , ' ( , .. I" ':': ,:-\ c--"", " \ \ \\ .~ : r ~ I 'I I I'. ' ~ , I I II : I II Ilq I lU ,',; ...-"\ t. . 'I:' i " " : ~'-~t~~/,' ,',',., ,- ;~. "'\:.:' 1 '~~, f" . . ' ,~:_ .:,.:;,_.._,':'\.._;"':'~_,__._--,_u::/; .' Department of Housing & Urban Development Office of Community Planning COVER PAGE Grantee Performance Report Community Development Block Grant Program OMS Approval No. 2502-0006 (exp. 3/31/93) -------------------------------------------------------------------------------- I hereby certify that: This report contains all required items identifiod above; Federal assistance made available under the Community Development Block Grant Program (CDGB) has not been utilized to reduce substantially the amount of local financial support for community development activities below the level of such support prior to the start of the most recently completed CDBG program year; all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18U.S.C.1001,1010,1012;U.S.C.3729,3802) Typsd Name & Title of Authorized Official Representative stephen J. Atkins city Manager Signature Date November 17, 1994 --- - --------------------- I , I I I I I i ~ I I I I I ------------------------------------------------- -------------------------------------------------------------------------------- This form may be reproduced on office copiers PreviouH editions are obsolete Retain this record for 3 years. . form HUD-4949.1(11/20/92) ref Handboolt 6510.2 page 2 of 11 Run Time: 10:50:26 Run Datel 11/17/94 o . ~-- - - . " .. 0 ')J ",,,-, .~ lJr ~ 'i~J.. I ",,' ..'\;.,';, to', ......." ..'1 :,'.' ~:- ., " ,.,; '0 ~. .'~ . ';. . ,...t'.\1' ~ ' ".,'~ '. " , I " ' . ,'~.,.. ' ,,' " f" ., .< , ' ,', . _..;.. .,:~',,'::"~:<r'{.~'~~k'_ _..._~'.:._.;.~,;".,.;~,.~.~:.,':':'~li.;~..~~-.~;:"_~~~_'.:-.....__~_.__~.~._..___.._",._.~_..__. u....._.__"..~_.__... ,-A COVER PAGE U.S. Department of Housing and Urban Development Grantee Performance Report Office of Community Planning & Development Community Development Block program OMS Approval No. 2502-0006(Exp. 3/31/93) ----------------------------------------------------------------------------~--- 8. Citizen Comments: Citizen comments made at the public hearing, held on November 16, 1994, included the following: 1. Questions about how the funds were used, what the guidelines for assistance were, and the number of manufactured homes assisted versus the number of "stick built" homes assisted. 2. A comment applauding the Community Development staff for their flood relief efforts. No written comments were received by the Community Development Division or the city Clerk's office. I@ 9a. Printed Notice: Published 'in the Iowa City Press-Citizen on November 9, 1994. The GPR was available for public review at the city Clerk's office and at the Department of Planning and community Development office in the civic Center during business hours. C \ 9b. Public Hearing: ;?, ~, ..,I The Committee on Community Needs (CCN) held a Public Hearing on November 16, 1994 at the Iowa City/Johnson county Senior Center. ( , I 9c. Other: , , , i I I Ii I I i I i I I ! ~\'" '. " -------------------------------------------------------------------------------- ,I This form may be reproduced on office copiers Previous editions are obsolete Retain this record for 3 years. form HUD-4949.1(11/20/92) ref Handbook 6510.2 '1.'1..'.. ,,\ f, ~ page 3 of 11 Run Date: 11/17/94 Run Time: 10:50:27 (C~~~~_;~ .....' , -~'~ ,- '-0,"' ~:- . T___~'.:\ 0, . '.' ) .,... ';'" .-,.'." .,':,' '. ....,.,."., . ..,.......... .' \. ,1.,.., ! '.- .-' ~ '.' " ~'1b ~ ",.' "'i"'" . '. ',!;., , ,.1.' .~} \ j. \.', I[j, ~ -:, ".":-'-:'1:: ,:''1 .~ . , , -_.,'~ ~ . ;,::,:: , ~ ' , . '\- '.' ~. '. f" "'"1 " ." , " , .:''-' .. ~ :>-,:.:.'..;..-..:.-~:':~"';'.~~:..'.:.,._---- .---.- _ _~_......~, ~ "'.. .'jl... ~~ ,-t~;,(~,.,., .L .'''' __ ".._ . , I@ f .-, ,'- \ ' , . \ . .1- t?1 (T I , I t I ,'''''' , i i I Ik Il' I . ~ , '. , ~' i'-':' I, ~ ,c~_",",-~ ~'-:9__~r..,. ;.... ..,......:1~ '.... .'"1" 'O/Il" ..\3~~~1""""" .:, ',':" .."" ,," ,.\'" , .' . '0' yr. ' .-,;:.::.:", '.' '.. . ,) c.';,. . .... ,,,.~ ,'" ' "l -to .J ," ' - '...' (,": ,,',; ~:. ., ~ ~,,~ C.,__'_C'd Vs-lo, <. ;., ., " 'f" " ",-:', . . ':.~~'::~.;:'~~~:"'~l_,~".:.~.~..:~.t~..,~~;~,~.",...~,;;.,.<.~.:.:...:.......~:...~~~~:.::.:L.....o:..._ __..:.:..,..,.:...::...._.... ,~_ .,.,_..,,_;.~..:-~.___..~'.'...;..~___....:.._...:'_ Iowa City s- : WEDNESDAYj Nbvem~r9,,1994:. ~ " :-. ,,' , ',', 35 cents . ,. " - . . ," " OFFICIAL PUBLICATION NOTICE OF REPORT AVAILABILITY ANO OPPORTUNITY FOR COMMENT A public hearing will be held in conjunction with the Comminee on Community Needs ICCNI mellting on WednudllV, November 16. 1994, II 6:30 p.m. at the Senior Cenler, 28 S. Unn Street. 10 recaiv. cililon comments on lowl CilY's Grant.. p.rformanc. Rlpon for the 1993 Suppl.mtnl~ Communlly O"~opmtnt BlICk Gront ICOBO) Rood R~I.I Prog,om, PtflOnl interested in expralSlng theIr vlewl, . either vllrbllll'f or in writing, will be given the opponunitv 10 be heard at this rime. Documents for the City's 1993 Supplementll COBa Grentee Performance Reporr may be lI11amined by thll public during businus hours It thll Otllc. 01 the City Clerk, Civic Cenler, Iowa City, Iowa. Persons mev also contact Marianne Milkman, CommunitY Oevelopment Coordinator, at 356.5244. for additional informlnon and copies 01 the repoff. I). I 1620 November 9. 19'11 o 1, ' ,I, -....-.... '~~ . . . :1Jl1ItIi'J'" ,., .' , ~.,', ..~, . , .; .! ,0 c\\ \ .~'1 ~ (,. I, r I ! ~ I .. I I I IF,: i l ' I j ~ j '.1":;" r!l) l' .~: . \ 1, , ~"" ..'1' L " , -- ( I , " .':r..,.... . , A ',(\'.:' l , I I ,I I ".'~,:'< ..' " '.''"''''' '. '.', . . '-;. . , " .' .', ,,:.. " '," f" " .... ., ',\' "" . : ,..._...:.,_-:.~:...;,;'''",..,,'',........ ,..,..,..,......".... """""""",,,,,,,,,,"",,",.'-,",,,",:.....'; I . , I ,I I I AGENDA COMMITTEE ON COMMUNITY NEEDS NOVEMBER 16,1994 - 6:30 P.M. SENIOR CENTER, LOWER LEVEL CLASSROOM I, I 6:30 P,M. Call to Order i i Review and approval of Minutes from October 26, 1994. ,', Public/Member Discussion City Council Update (Dennis) i' Housing Commission Update I" 6:40 P,M. Public Comments - 1993 Supplemental CDBG Grantee Performance Report (Flood I) 6:50 P,M. Project Solution Presentation - Carolyn Corbin 7:15 P,M. CITY STEPS Update - Randall and Schmuch Discussion of Non-Housing Community Development Needs I 7:35 P.M. Monitoring Reports Q I i ,., - ESA Small Repair Program - Ruff I . Mayor's Youth Employment Program - Engh I - YOl:Jth Homes - Engh - Goodwill - Martin - DVIP . Schmuch - LIFE Skills - Cooper , 8:00 P,M. Adjourn i i , ,t' IF YOU ARE UNABLE TO ATTEND PLEASE CALL IRENE AT 356.5230, ,- .-".-..",. PLEASE NOTE LOCATION. ppdcdbg\ccn 11.16,agd I, I I , () 1 ~ _-: "_ ",lre ~;::' __, I , ~%'l. I ~. .'..-..."...".'."'1:5', ~,JA{,,:i.;../ ..'.... ,...... .;, 10', ""',",.., .' . """0 , : ':, :~,' :' ,:,', , ,", , ...Lll. ,:,:r.nRi"! r , \ \ , \ V ~ ;,~,~ , ( , " I \., I I I I I I If, " i , I ! \ ; , ',,'I '~~ fii'l ) "I" I, ' (, Oil ;:' :P.. t;!, , , '" ,.~ ' L...... ~ ~ 8' ~ 0, .. c . ~ " "" ~H ~a; ~.. .. :E ~ I ~~- ~o~ 01" . ~c .." 00,>- .. 1:t.~ H~ "IOU " .. ig lZ& : ~~ 1 ii~ ~.. ".. :r-~o -~-~' ... . ... ... .... ~ , I:!: :g' , '0 I : :"! '8: : 0 _IJ:I ~ \;: : KQ, 1 1 W . . . . ... . . -1-1 '" 1 . CD t 10 8 "". . 0 (} I I" ... 1 10 IJ 1 tI. Q i. .0 . '0 . ,.. 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Financial Summary Grantee Performance Report Community Oevelopment Block Program U.S. Oepartment of Housing and Urban Oevelopment Office of Community Planning & Oevelopment OMB Approval No. 2506-0006 (Exp. 3/31/93) ------------------------------------------------------------------------------------------ 1. Name of Grantee City of Iowa City I 2. Grant Number I 3. Reporting Period B93MF190009 From 08/25/93 To 08/31/94 -------------------------------------------------------------------------------------.----- Part I: Summary of COSG Resources 1. Unexpended COSG funds at end of previous period 2. Entitlement Grant from form HUO-7082 3. Surplus Urban Renewal Funds 4. Section 108 Guaranteed Loan Funds(Principal Amount) 0.00 1,055,000.00 0.00 0.00 Program income received by: Subrecipient (Column S) 0.00 0.00 a. Revolving Funds b. other (identify below) Grantee (Column A) 0.00 0.00 5. Total Program Income (sum of columns a and b) 6. Prior Period Adjustments (if negative, enclose in brackets) 7. Total COBG Funds available for use during this report period 0.00 0.00 1,055,000,00 --------.---------------------------------------------------------------------------------- Part II: Summary of COBG Expenditures 8. Total expenditures reported on Activity Summary 9. Total expended for Planning & Administration 70,092.00 10. Amount subject to Low/Mod Senefit Calculation 568,498.00 11. COSG funds used for Section 108'principal & interest payments 12. Total expenditures (line 8 plus line 11) 13. Unexpended balance (line 7 minus line 12) 638,590.00 0.00 638,590.00 416,410.00 ------------------------------------------------------------------------------------------ Part III: Low/Mod credit This Reporting Period 14. Total Low/Mod credit for multi-unit housing expenditures 15. Total from all other activities qualifying as low/mod expenditures 16. Total (line 14 plus line 15) 17. Percent benefit to low/mod persons (line 16 divided by line 10 this reporting period) 0.00 568,498.00 568,498.00 100,0 % ------------------------------------------------------------------------------------------ Part IV: Low/Mod Benefit for Multi-Year Certificatione (Complete only if certification period includes prior years) Program years (PY) covered in certification PY PY PY 18. Cumulative net expenditures subject to program benefit calculation 19. Cumulative expenditureo benefiting low/mod persons 20. Percent benefit to low/mod persons (line 19 divided by line 18) 0.00 0.00 ***.* % ------------------------------------------------------------------------------------------ Part V: For Public Service (PS) Activities Only: Public Service CAP Calculation ------------------------------------------------------------------------------------------ Thin form may be reproduced on local office copiers Previous editions are obsolete Retain this record for 3 years. form HUO-4949.3(ll/24/92) raf Handbook 6510.2 page 6 of 11 Run Oatel 11/02/94 Run Timel 10:23:58 :c .~-- -~ ,., ~ -. - n PR- o.,.,.)......... 0 ~,. /, 4., , I f" , ... ~ I 10 '. , . /j , 1[1 (~-o ~ /f!1tw, [ .. r - \ , \ \ .A ,.-'1 i I D. I I , i i I I i i i I{ I 'I ~", ') \~' , ~t Run Date: 11/02/94 Run Time: 10:23:58 I I ~q~~ l \' n :' :) ~ 0, . " , I, . ". "1\\1" ",.'-f' , .., . .'." 1 ., . " :~ " ..-,-,.~.",'~.~'~'" .'~..' -".. .,./, " ';"";'~-"'-''''~''- r I I I Financial Summary Grantee Performance Report Community Development Block Program U.S. Department of Houeing and Urban Development Office of community Planning & Development OMB Approval No. 2506-0006 (Exp. 3/31/93) ------------------------------------------------------------------------------------------ 21. Total PS expenditures from column h, form HUD 4949.2a 22. Total PS unliquidated obligations from column r, from HOD 4949.2a 23. Sum of line 21 and line 22 24. Total PS unliquidated obligations reported at the end of the previous reporting period. 25. Net obligations for public services (line 23 minus line 24) 26. Amount of Program Income received in the preceding program year 27. Entitlement Grant Amount (from line 2) 28. Sum of lines 26 and 27 29. Percent funds obligated for Public service Activities (line 25 divided by line 28) 0.00 0.00 0.00 0.00 0.00 0.00 1,055,000.00 1,055,000.00 0.0 % ----------------------------------------------------------------------------------------... Part VI: Planning and Program Administration Cap Calculation 30. Amount subject to planning and adminstrative cap (grant amount from line2 plus line 5) 31. Amount expended for Planning & Administration (from line 9 above) 32. Percent funds expended (line 31 divided by line 30) 1,055,000.00 70,092.00 6.6 % ------------------------------------------------------------------------------------------ Unexpended Funds Narrative These were Supplemental CDBG Flood Relief funds. The disaster occured in 1993, therefore there were no unexpended CDBG funds at the end of the previous period. RECONCILIATION OF LINE(S) OF CREDIT (LOC) AND CASH BALANCES TO UNEXPENDED BALANCE OF CDBG FUNDS SHOWN ON GPR Complete the following worksheet and submit with the attachment: UNEXPENDED BALANCE SHOWN ON GPR (line 13 of HUD 4949.3) 416,410.00 ADD: LOC balance(s) as of GPR Date Cash on Hand: Grantee'Program Account Subrecipients Program Accounts 353,868.00 62,542.00 0.00 ------------------------------------------------------------------------------------------ This form may be reproduced on local office copiers Previous editions are obsolete Retain this record for 3 years. form HUD-4949.3(11/24/92) ref Handbook 6510.2 page 7 of 11 - '1'f1D - o..~..)" f" i IG I I '. -',-~" ~ " , ;"j " ,>, " to,\i: ,..1...,.. ;~. , .~-~ , ,~ f" . " ~.' ,,~.,!: '. , .'.' ' w.. .' _' . _......_ '_' " '.~_._'.~'~ . '. ._.... _,__-", ~_ .". ,'~~."'" ~,;."...."."~",.~,,,-,-_, _.... ~h ..~_.c__.',u__,__,_,__ ,n _"_~~ .~_.... . ._ - Financial Summary Grantee Performance Report Community Development Block program U.S. Department of Housing and Urban Development Office of Community Planning & Development OMB Approval No. 2506-0006(Exp. 3/31/93) ------------------------------------------------------------------------------------------ Revolving Fund Cash Balances Section 108 Accounts (in contract) 0.00 0.00 SUBTRACT: Grantee CDBG Program Liabilities (include any reimbursements due to the Grantee from program funds) 0.00)* Subrecipient CDBG Program Liabilities (same instructions as above) ( 0.00)* TOTAL RECONCILING BALANCE: 416,410.00 ", UNRECONCILED DIFFERENCE: 0.00 * When grantees or subrecipients operate their programs on a reimbursement basis, any amounts due to the grantees or subrecipients should be included in the Program Liabilities. ~'" I ,'" " I., .:.~ (~'\ \ .1 '~r-' ; . : i i :r , I f '. ------------------------------------------------------------------------------------------ This form may be reproduced on local 'office copiers Previous editions are obsolete Retain this record for 3 years. form HUD-4949.3(11/24/92) ref Handbook 6510.2 page 8 of 11 Run Date: 11/02/94 Run Time: 10:23:58 ~ : UU. .m__ ...~ - .:. - = ....u~ () ~j!.;..m "",." ~'b~ I m /S i 3 01 ,",.,0"_.,',,,' . '~.l, : ~o ~', 'i ..,...".4;':':\ :. ,i . i , (, c c'''-' \ .~ rl' ~ ~', , ...~ I . ~ \'i~ ~'i~ ~ r~- . :':", ,0 ,', . " .:. '~ '. " ,,:,'.' ", ,'. '. .. C.; .'-".,.__...:--._~.~.__....~_._ . __,~".,'_"""""~'" "~,,W.,'.i;':,'l:"-'.;~ I' ~::"';:;',''':~:J'::.''';''_;'''''''''''''''_' ','. ., f" I I i I' I. I, ATTACHMENT TO THE FINANCIAL SUMMARY FORM HUD-4949.3 C, Loans and Other Receivables: 2a. Outstandina Flood Rehabilitation Loans Total Number of Loans Principal Balance Owed: 14 $67,264 These loans are all at zero percent interest and range in time from two to seven years with most of them being five-year loans. 3. Four CDBG flood loans have gone into default during this period. ppdcdbglhud49493,att '", ". - .,...'. '. r -,- '. ': l~ 1'-"":> .' '. )' "'.';",',' '.:,,.,:_:' . o. .,.'" l'.'.'.".' " ,.." '::' ,.:':";'.:,;:,:,'<,' ,U ,..,:..,. , Q ,I ~'\ ~ ~ ..."'.,.....:.,.,..-'~~1-5 10'/ ,..,' . ':''',:, -,,;,', m~1~.,', ,. ., j' ',j ....... "t' ":.\\1' .'.'i '.'" .' ~ . . -.:..1: .~;,. ;," .. ~ . , .. -.,: -':~_:_'..., --. ..~ ~".~._.. .... ., ..... ~ . u........__._ U.S. Department of Houeing & Urban Development Office of Community Planning and Development REHABILITATION ACTIVITIES Grantee Performance Report Community Development Block Grant Program OMB Approval No. 2506-0006(exp. 3/31/93) -------------.----------------------------------------------------------------------- Name of Grantee City of Iowa City I Grant Number B93MF190009 Program Year From 08/25/93 To 08/31/94 ------------------------------------------------------------------------------------- All granteee muet submit thie form, whether or not they have CDSG funded rehabilitation programs. Single-unit Activitiee (1 Unit) Multi-unit Activitiee (2+ Units) ------------------------------------------------------------------------------------- 1. Check box only if grantee has no CDSG rehabilitation activities: x ------------------------------------------------------------------------------------- 2. Staffing: number of Staff-Years (FTE staff years to tenthe) 1.6 0.0 ------------------------------------------------------------------------------------- 3. Current Program Year Expenditures: Activity delivery costs from CDSG funds a. Staff coste: Amount expended in 2 above b. Other direct costs (not included in 4) 49279.00 9651.00 0.00 0.00 ___~___~____________._______B________________________________________________________ 4. Current Program Year Expenditures: For all projects (a+b+c below) a. CDSG funde expended b. Other public (Federal, State, local) funds expended c. Private funds expended 571473.00 481959.00 86514.00 3000.00 0.00 0.00 0.00 0.00 ------------------------------------------------------------------------------------- 5. Project/Unite Rehabilitated/Committed a. Number of projects committed(multi-unit only) b. Number of unite committed o Projects ---------------------------- 81 Units o Units ----------------------------------------------------~-------------------------------- c ~." ( \ ~ .>i, II' \ :i 1M I 6. Obligations: Amount obligated for projecte/unite committed in 5a and 5b a. COSG funde obligated b. Other public (Federal, state, local) funds obligated c. Private funds obligated 721932.00 698932.00 10000.00 13000.00 0.00 0.00 0.00 0.00 ------------------------------------------------------------------------------------- 7. Projects/Units Rehabilitated/Completed a. Number of projects completed(multi-unit only) b. Number of units completed o Projects ---------------------------- 53 Units o Units ------------------------------------------------------------------------------------- I ; f ! i , ' , I , i i I~~' j \ I '~I. \,':~j I"~ . ~.I'..."'" {'" . [i ' Ii- 'Ll 8. Cumulative Expenditures: a. COBG funds expended b. Other public(Federal,State,local) funds expended c. Private funds expended 571473.00 481959.00 86514.00 3000.00 0.00 0.00 0.00 0.00 ------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------- Individuale may copy this form on office copiere ae needed. Previous Editione are Obeolete Retain thie record for 3 years page 9 of 11 .:r;'-'~~ ' ~ -~ 1 _~:: ~,' . .~ ....1iI1R form HUO-4949.5(11/24/92) ref. Handbook 6510.2 Run Date: 11/02/94 Run Time: 10:24:00 f" , ~~,~ r jt" ,\: ..... 0, ., '''' , " )y, I ~d, ":"",: " J,~:i!.~1( ~. "".; , , , ; v-r- (A C~~'\ ~ ~ .""" ( '. I ' ;, i I I I t~J II" [I .~ ~ .1';I~..".). ~, ~l ~ ,il , iJ:. , . "", ',', ~,'" .;( 0 , . , . " ~'" ,1 ," " " .":,~ . ":H;" ~. .' ., :'~t;'j'll:, '. . ,:1' .- .. __u__ _~.~_;;';_'-'-'...___". . -\---',~' . " , .;," f" . . .- -~':~_.:......__.:.-.- . 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I 10'" 1 1:)G.l 1-I::Lo , , , . e , ... IClIO ... . . . -. , , , a, , , , . -. . . . a. . , , , -, , , , a, , , , , , -, , , , a, , , , . -. . . . a, . , , , -. , , , a. . . . . -. . . , a, , , , , -, , , , a. . . . , . -. , , a, , ~ , .. , " , ,~ ,n. -, 0 , u , . " a.u , ,~ ... . .. . 0 -. . - . a 0: ~ t 1_4)11I , .... , C".. I 0-" -I 0 >- :1l~1Il a:~ .. . "0 . .... , .. a ... '0 .xP ,~ ~ )0.... a'~ 1J.~ !~'5 ~CSc ,..,.. ~>a ,..".., ,1:"" ...... "'N C>a ,.. N... ON ..... ,-a ~~ ~ - G .. o .. f" r 'I , ~M ~,~ .... 55 .... f) V ~ ~ .. o ~ .. " '" a ?'~lo\b I 10. .' .f .:....,.~, " ,r. ' ---~------;---- --.- .--- , . ,j olW~" . . ". "}'.,~ , i J;:i ( , \ .... (,;:;If r r I , I , I II I' , I i I i I I f II "1 " .~{ 'I' ~'I ~. p, ,., I . _~"i' :' .'; .... :':"~~;'\f . ;', ',~ :~, ~, . 'I - ,:)1 :. " . " "'''Ie f" I , I I 1 J Council on Disability Rights and Education MEETING AGENDA DECEMBER 6,1994 - 11 :00 A.M. CITY COUNCIL CHAMBERS CIVIC CENTER - 410 E, WASHINGTON ST. IOWA CITY, IA 52240 1. Introductions 2. Su be omm ittees/Re ports a. Housing b. Transportation c. Public Accommodations d. Public Relations 3, Other Reports I~ . 4. Other Business 5. Next Agenda 6. Adjourn Attachments: Copy of reply letter from Susan Mask, U of I AA Director Updated memo from Linda Woito, City Attorney, regarding use of public ROW for accessibility features cc: 'Iow~ City City Council Joh'nson County Board of Supervisors mg~aSSI\cdro12'6,ogd ,~:, . _ 2. " ,0. ,jY;,:-':::-;;-: ~9b3 "-1;1'. 'SO'" '_ ,~~) , ' ,;C'6"'.." J.'A., '.' . ~ .1._ -- , \' . ' , -r;.1:::ti , ' ( ,::,\ ( , \ \ \ .>"1 ".;if- ! , " I i i , ! i , .'<', I 1 0:.:~ .~ ;.~] , . .....~.)<::.;:~:: . i"I'YI~!J"~;" .....:-~.;.'.. " , 0 .L.\!; ~ "', " o f" " " ,'': ~ [J "-....-.,.... . ;'" ~'lc',c .';,.J). '" '-' /. '. r""~'-:- . "., .: -:-:'::,<~.t~.:~'t,'," , . ,~... ,..,....'". . :~. , , ' ~. " , , " '. '~./' f" ",' ,-' ". . c , . c ;.':':.. ." c . /..:.,:,...:,........-_....,_.':..---_.:......:... ;:.~-.~_~ ,;..~~;;_,~,....;j~~~.::~. .~~._........~_J...:-.;..~....:,~.~;;.J......:J~.~~_::.:.:~2..~"..;.:__~._ ~:~~H_'_,.'_..__..,_..~.._____......:.~.___........"C .___._ ---".....~ , \, .~ I r , I i I i I i I I I \ ~ ~ ,;( Council on Disability Rights and Education MEETING AGENDA DECEMBER 6, 1994 - 11 :00 A.M. CITY COUNCIL CHAMBERS CIVIC CENTER - 410 E. WASHINGTON ST, IOWA CITY, IA 52240 1. Introductions 2. Su bcomm itte es/Re ports a. Housing b. Transportation c. Public Accommodations d. Public Relations 3. Other Reports I @ 4. Other Business 5. Next Agenda 6. Adjourn Attachments: Copy of reply letter from Susan Mask, U of I AA Director Updated memo from Linda Woito, City Attorney, regarding use of public ROW for accessibility features cc: 'Iow~ City City Council Joh'nson County Board of Supervisors mgr\8S5\\cd"12'6"gd , ~qb3 () . '--~ . . _=_'-~T'. . ':;0'-', ".~. ;-, '''Iq M ,~r".' 00, " )..'::"'''' .'\, o ".. "ii, " . ../:,:,(.,~: - ~-- ,co 1',..-_......= I!"~' "';;>IV:'..'.iI, ~ ,,' ,1 ( \ \ ~ i I i" ; I , I : I , I I' , I , I I 't:~ : I~' i i" it ~~ 'l..~.'~:".. ,I l' E' ,~ ;,(1' .- I '. '~... . ,. 1 , " '.~f;.. 't ;, " '\'1 '., .. " . ~ . ....:\ \ f" . , _ ,:, ~ ..'- ;.' _ :,.I;''''~:''_A' ..~_, __.'._ .~_~_'~..."..._....",~." .". ......' .~. _ "... ~,......"..:,..,',:.~, ',~..,_. :..,.,~ ".._. ...:~. _ .~.~.:_'.._ <"'_""-'," "__',',~ A THE UNIVERSITY OF IOWA RECEIVED NOV -, " " ~ /994 November 7, 1994 Mr, Mace Braverman Mr, John Harshfield Council on Disability Rights and Education c/o Dale Helling Civic Center 410 East Washington Street Iowa City, IA 52240 Dear Mr, Braverman and Mr, Harshfield: I am writing in response to your letter of November 1, 1994, about the University of Iowa's participation in the Council on Disability Rights and Education (CDRE), which is a community organization advocating for a more accessible community for people with disabilities, The University is very interested in working with CDRE. b I The University has participated previously in CDRE's meetings, before it adopted its new name and mission statement, and the University will continue to be involved in the organization. As ADA Coordinator, I (or a staff member) have represented the University at CDRE's meetings and found the work of the organization to be very important. We were unable to attend meetings this summer when we were either out of town or suffering from the strain of a shortage of staff in the office, In a letter I wrote to Dale Helling in this regard, I indicated I would be resuming attendance in the fall and have in fact done so. Unfortunately, I will be unable to attend one of the CDRE's monthly meetings which takes place at the same time as the University's ADA Administrative Group meeting which I chair, but I will attend as many as possible, I believe the CDRE subcommittees that have been set up will enable CDRE to proceed effectively with its mission. I expect that I and other University personnel with particular expertise on subcommittee topics will attend those meetings, ,\ The University is looking forward to working with CDRE, Si~ 'h.vjL--- ~an Mask 110 ~~~istant to the President and Director of Affirmative Action " cc: Marie Prince Martin, Assistant Director and Compliance Officer jl\smask\1689 Office of Affirmative Action 202 Jessup Hall Iowa City, Iowa 52242 319/335,0705 f_ - -~-'-,~, " ..0.'.): ~'fa3 T".H '':i ,,. .~ ~~. 10'. .ltl ~; ro" .1m&\ll, . ., \"1' '" . . ,'. .' :, '~t\\'j \ ' , ' '. '~ , .. . ',' '.'..:' , . "'''I . _ 4 _,:;..:.:..... .,_....._ __0. ~;.,. ....,.;... ~""""_U'_""~"~'.~'~""....J...::;":'_._....:_. ,._'. __:.:.._.._...:~..~.~~.:. ~ '''.' _.., .. "...".~._...~....' .~--.-._._,...._~_...~..- ~..'. - City of Iowa City MEMORANDUM '. ....-:- .L C--'''\ \ \ \. ,~ '1 ! I i I , I , ~' I !e, II ;~",;l \'-.... , ';#"; ,J', "'.1'; ,~,; I" , ,,~ ' li"['~' .. ,t., ~ -"" Co ., _ "uu .. ~ " \/~ I>;',ID, Date: November 17, 1994 To: The Honorable Mayor Susan M. Horowitz and Members of the City Council From: Linda Newman Woito, City Attorney Re: Updated "how to" memo on requesting City Council approval for use of sidewalks/public right-of-way; making businesses physically accessible to persons with disabilities You may recall that last spring I forwarded a "how to" memo to you, setting forth City procedures on getting City Council approval for use of public right-of.way by local businesses, in order to provide physical accessibility to persons with disabilities - all in the spirit of complying with the Americans with Disabilities Act (ADAl. My information was forwarded to the Downtown Association and the Iowa City Chamber of Commerce. In following-up on some questions regarding my memo, together with a sample which I provided last April, I met with several persons from the Council on Disability Rights and Education (CDRE). We discussed some of the language in the memo and easement, and I agreed to clarify the language in order to avoid confusion, I also agreed to take a closer look at the language, in order to avoid use of terminology which may well be seen as offensive and demeaning. Attached please find my updated "how to" memo, together with a different easement sample, for your information. I have been asked by the CDRE group to forward this updated memo and easement sample to all builders and contractors in the area, Thus, unless I hear otherwise, I will be asking the Housing and Inspection Services Department to assist me in this communications and education effort. Thank you very much for your attention, and I look forward to working with the citizenry of Iowa City in order to better comply with the ADA, cc: CityCJerk City Manager Assistant City Manager CDRE, c/o Dale Helling Anne Burnside, First Assistant City Attorney Public Works Department and City Engineer Doug Boothroy and Ron Boose, Housing & Inspection Services Department Attachment n\momos\how2upd.lnw ; ~= . .. ~ , ~ O ). " . .01\,.'1.. , .. '.. " ~", '. ~~ .,':" f" r lJ1l:&"J \"1 '" . "t '.'\\'1.'. . ,.,.. ~ ., ~' . , ___..~.:: ~_~". _n'_u ._. .. . _.h._......_..__.__.. .. .._.'_.~ r....__. _._..~.._.__ ___'h._. - City of Iowa City MEMORANDUM ,C' _....'.;1. \\ \, '" ~l f'.f'. : i '\ ;, I ;r I! " ; I I I '\ J :-,j' ~,..-"'~" i.1 " ! 1, "'{~' i~,'",' i1~~', .....~--.. C."' " "-0 Date: November 18, 1994 To: Concerned Citizens and Businesses From: Linda Newman Woito, City Attorney Re: Updated Memo on How to Request City Council Approval for Use of Sidewalks or Public Right-of-Way in Order to Make Businesses Physically Accessible to Persons with Disabilities At the City Council's request, I have prepared an outline of what local businesses and citizens can do if they wish to use City sidewalks (which are public right-of-way) in order to make their businesses physically accessible to persons with disabilities. As we all l<now, the U,S. Congress passed the Americans with Disabilities Act (ADA) in 1990, with federal rules adopted in 1991. This law became effective against all private entities and places of public accom- modation in January 1992. While the City of Iowa City, as such. does not have regulatory or enforcing authority over the ADA since the federal government has reserved that authority to itself, the City Council is eager to encourage local businesses to work with the City in order to make all "places of public accommodation" accessible to persons with disabilities, wherever reasonably possible. This memo is intended only as a "map" on how to deal with the City Council and City staff in I securing an "easement for use of sidewalk/public right-of-way," and is not intended to be a , guarantee that the City Council will approve such an agreement. I have attached a sample resolution and easement agreement, FYI. A. Procedures for Requesting Use of Public Rlght-of-Way/Sidewalk Use of public right-of-way or sidewalk can only be granted, under Iowa law, by the City Council. Iowa law is explained in the second half of this memo, see below. Since the Council hires staff to review such requests, prior to being presented at the Council's formal agenda, the following procedures should be followed: 1. Contact the City Department of Housing & Inspection Services Office (H&IS) at 356- 5120' and ask for Senior Building Inspector Ron Boose. He can help explain how your business can comply with the ADA. Ron or someone in the H&IS Office can also give you names of groups or contractors who can help you figure out a floor plan, remodeling plan or construction ideas. 2. Send a letter requesting the City Council enter into a "Use of Public Right-of-Way Easement Agreement" to: '" Chuck Schmadeke, Director Public Works Department Civic Center 410 E. Washington Iowa City, IA 52240 - :- - - ~-~:= o .1)" ~'1~3 I 10 " .c:.. / <"j ., "" T'" -- ~~4itn " ,r c\\ \, .i ;'~n(\' , , ' , , I I" I I i i I , i : :~~ j' i I" : l,} 0~V' o. , ~ l .~., .)i;, ~. ',' ~, '.I'~.:,~.I..' j\.J.' \, ~ G--' i, ~~ \'j .. . ,~ ~ l : \', ' , '. ", . ',' '. f" , :.' '. -, .., ,'. .~___"..' .._ '.__..... . _.._.._~ .,..,_.._...'", '..,'.,""".....,,~,,~_'"U_..~.....____..___,. .__.... _....._.....,". - .,._,. ".........-.....".....--..-.. . 2 - 3, The requesting letter to Public Works should be accompanied by the following information and documents: a, Construction documents and/or a schematic diagram, showing the horizontal and the vertical encroachment being proposed over, on top of or below the sidewalk or public right-of-way, b, State other reasonable alternatives available to the property owner which could be used to provide the accessibility ramp, in lieu of use of public sidewalk or public right-of-way - e,g. sliding "pocket door" versus traditional "swing out" door, c, Materials to be used for the ramp or entrance facility, d. Reason for the request, including unusual or unique facts about the proposed remodeling or construction project; unusual or unique facts about the particular sidewalk or right-of-way; or unusual physical surroundings or barriers to the property, e. The legal names and addresses of the property owners and applicants, including spouses if married and whether ownership is held by an individual person or persons. This is required because the easement must be notarized, since the easement document will be recorded in the Johnson County Recorder's Office. If the owner or applicant is a partnership, joint venture, corporation or some other entity, the full name, address and persons authorized to sign for the entity must be listed in the request - again because this document must be notarized and in recordable form, for recordation in the Johnson County Recorder's Office. f, A legal description of the property (e,g., Lot 10, Original Town), plus a street address of the property. .4, The business/property owner is encouraged to make their businesses and properties physically accessible to persons with disabilities. After review by Public Works/City Engineering, the application will be forwarded to the City Attorney's Office for legal review of the easement documents - but only if Public WorKs/Engineering finds that the ramp or encroachment is in the public interest and will not create a safety hazard. 5. 6. The applicant and property owner must first sign the easement agreement before staff will place the matter on the City Council agenda. 7. If both Public Works and the City Attorney find the documents to be in order, Public Works will place the easement request on the City Council agenda, to be approved by resolution of the City Council. Agenda items must be completed and In the City Attorney's Office by the Wednesday preceding the next regular or formal Tuesday City Council meeting. - .="- , '. '. 4,0. ..)y\ ~~~ I .'to. ." ~,.J D I ~d, ;~,j~k=1 ~ , . ~t: ) \", .. 1 ., f" . ~,\ , - - 3 - 8, The City Council meets, at their regular meeting, every other Tuesday in the City Council Chambers at the Civic Center, located at 410 E, Washington, Iowa City, Iowa, beginning at 7:30 p,m. The City Clerk (Marian Karr) has a list of regular City Council meetings in her office, and also has a list of special meetings which the Council calls, from time to time, 9. The agenda item will be printed in the formal agenda, and is available for public distri- bution on the Friday preceding the Tuesday Council meeting, 10. If approved at the formal Tuesday City Council meeting, the City Clerk will have the Mayor sign the document, and the Clerk will forward the easement agreement to the Johnson County Recorder's Office for recording, The City Clerk also provides a xerox copy of the returned, recorded easement document to the applicant or property owner, and will also provide a copy of the returned, recorded document to Public Works- Engineering. For disability access requests, the City will pay the recording costs. In order to help local businesses and citizens understand the reasons behind these procedures, I will attempt to explain this law, in layperson terms. B, Iowa Law Governing Use of Public Right.of-Way/Sidewalks 1. Iowa law forbids Clrantino permanent rioht-of-wav easement to private partv. Iowa common law forbids granting consent to, license or a permanent easement for I 0 "encroachments" into the sidewalks or street right-of-way (r-o-w). A handrail, fence, canopy or ramp on the sidewalk would be an "encroachment in the r-o-w" under Iowa law. This is because the dedicated right-of-way is for the benefit of all the citizenry, not private individuals. One Iowa court described this rule as follows: c "The public streets of a city are dedicated to public use and are subject to the control and management of the city council; but that body has no power to alien or otherwise encumber such streets as long as they are public streets, but must hold them in trust for public uses only. The municipal corporation can grant no easement or right therein not of a public nature, and the entire street must be maintained for public use.... A permanent encroachment upon a public street for a private purpose is a purpresture [enclosure by private party of area which belongs to the public] and is in law a nuisance...." ./ ',' Lacv v. Citv of Oskaloosa. 143 Iowa 704, 711 (1909). ~ ~ However, the City of Iowa City has previously granted easements for use of public right-of-way for steps, sidewalks, windows, retaining walls and placement of utility transformers, but only on the condition that the City always reserves the right to request removal of the obstructionl physical object [window, retaining wall, etc.]. However, before removal could be required by the City, the City would have to have some legitimate reason to request removal. Also, the property owner would be given ample written notice, as required by State law, s364.12, Code of Iowa (1993). "1 (e t:j' :.';~ ,., , For this reason, all applications for use of public right-of-way must, by their very nature under Iowa law, be handled on a "case-by-case" basis - meaning, each application will be looked at, Individually, based on the physical circumstances in each case. ~ 9(0:" c-;~_ - -, _~'M ~ _~ 0) ,'S ~ 0 . ,.~_., " . !~.' " .m:m:'9. . ,. ,. i .....r.,.. , "'~,W,~ .. >..". , , .:~, . ,c ~" ". 1 ...,.. . , . . . .._..~_;:'.~.~:~..2;~.::".~_.._.'..:~~~,':.~_...:..i.:...~~_.~,__~'~'_:_'~'. ; , . " ,'. , . . . .._~.U'__"_' ._._._v"._'__"'~'_'."'~"_ ._...~,...,..~,-~,_.._..-.._ _..~_._.. , f" ~ '103>> ". ,. ,.."", '..r.'......, 1>~5 - 4 " 2, The r-o-w easement must be revocable, or subiect to beinq revoked, A city cannot authorize any use of its streets or sidewalks by a private person where that use is inconsistent with the future legitimate use of the street or sidewalk by the public at large. Thus, all such licenses, permits or easements are revocable, MCQUILLIN MUNICIPAL CORPORATIONS, 930.52, page 350. This means that the city must reserve the right to remove the physical object (e,g. a step or ramp) at some date in the future if. for example, the City needs the right-of-way to replace a sidewalk or street, or the right-of-way is needed for some other general public purpose. Additionally, the City must always reserve the right to remove the physical object if it becomes a hazard or presents a safety problem. 3. State law requires cities to keep public riqht.of-wav free from nuisance. State law. adopted by the Iowa Legislature many years ago, requires that the City must keep all public streets and sidewalks free from nuisance: , "A city shall keep all public grounds, streets, sidewalks, alleys, bridges, culverts, overpasses, underpasses, grade crossing separations and approaches, public ways, squares, and commons open, in repair. and free from nuisance,..." Section 364.12(2), Code of lowa(1993) (emphasis added), This is why each application for a sidewalk easement must be reviewed, and approved. with very particular circumstances in mind, so that the encroaching object does not become a "nuisance" under state law. r. ( ,..,~ c-"" \, \ .?"l ""''i'' i ,. I' I i, I ~: I 4. For all of the above reasons, the language inserted in each easement lets the property owner know that the City does not have a right to grant a permanent use of sidewalk and public right-of-way, in perpetuity, to a private party, but such easement grant must always reserve the City's right to remove the physical object. . For this reason, the easement should contain the following language: "Owner acknowledges and agrees that no property right is conferred by this grant of permission; that the City is not empowered to grant a permanent use of its street right-of-way for private purposes; and that the City may order said encroachment [e,g. landing, steps and handrail or ramp] removed at any time if, for an objective public purpose, the City Council determines that the property upon which the encroaching structure [landing, steps, handrail or ramp] is located is needed for public use and/or should be cleared of any or all obstructions," I , I , I , ~' i"; ! i ~.~ 'J See page 3, paragraph 6 of the attached easement sample. ~ ~ ~ ~ ~ y ~ y ~ ~ y ~ ~ "C~'" ._-~ "--~'- ~ '-. ..',o-l~;"..' , ~ . ..,.," "",'<u.<, Q " 10/ "":"'."",' " ;~.:',<,~ 1, ." " . . ~ ., ' "'.';:'-, ".t~ p. ','\oj". .. . ":. tl' . '. . ~ '.,~ .,- ....,. f" . . ,:~ ':'.. ' ...,'.'.'.,...",..<.........-. . . .._~._~ :....::_~..~i.:'~._,_,...;~~.:.._~...:~_~.;.,.,...:.;;....:-~.....:....~.:.:...;._..;:~.~__"...:.....~,;.;........:,...._....~ w__.' _._.,-_~~..,..~..._~.:.... __~..,., ...._-_.;_..;.. - 5 - While this law and procedures may sound somewhat complex, the above outline is not difficult if the applicant provides all the information to the City staff, when requested. City staff are trained to process many, many requests, including use of public right-of-way. I trust this information will be helpful to you, and you may call the following City staff for additional information: Chuck Schmadeke, Public Works Director (356-5141) Marian Karr, City Clerk (356-5041) Dale Helling, Assistant City Manager (356-5013) Ron Boose, Senior Building Inspector (356-5122) City Attorney's Office (356-5030) Attachments n\memo.IhO\\1o,ada 1'\\. '\JI I ( . r~ \ ',I ~"l (1 I i f J , " 1': '1- I, (II r'~ ' Ii; 'C7~~~_':- " ,,-_:,~~ ...., \ .' / o ,'i.-..,::.',.,....-..:..':. ~ J!:".I: '::-, ~ 9"3 .........."..., ,.....1"'...., )s.\. ,,, ''t'. fo, , ' ,-' . ~ .l,~: ...., . . . ......,.'.-'.,...-,'-....; " , , ", -"-~ j"-~ l.. .... C\ ~. (fi'"',1 ""-:.' . ,,- I' I , , , " (~ ,'\"'-~ . .' ;"}' "~:t : \' i ' : ,.." . " . .\_.1 . , :.' .~ . ''1: , '''''' i. ,.', . . ~". .""" " ..f :-.-'_._..._.".~..~>:.~._~~;:~~ ~.~~ _...._..:--_...;..~:,..........;~.."....u_~:~........:...-;...:~'.~_"._.:;.;.,~._,....~...:-~._'::~~._._._...._ f-reM ~ I':J AGREEMENT FOR USE OF PUBUC RIGHT-OF.WAY BETWEEN THE CITY OF IOWA CITY, SOUTHGATE DEVELOPMENT COMPANY AND WALNUT RIDGE HOMEOWNER'S ASSOCIATION This Agreement is made by and between Southgate Development Company, Inc., an Iowa corporation ("Southgate"), the City of Iowa City, Iowa, a municipal corporation ("City"), and the Walnut Ridge Homeowners Association, an Iowa non-profrt corporation ("Homeowners Association") . WHEREAS, Southgate is the developer of a certain real estate legally described as Walnut Ridge Subdivision; and WHEREAS, the Walnut Ridge Homeowners Association ("Homeowners Association") has certain responsibilities, by reason of the subdivision agreements, for maintenance of certain portion of right-of-way within the subdivision; and WHEREAS, Southgate and the Homeowners Association seek City approval to locate distinctive street and entrance signs wnhln the Walnut Ridge Subdivision street right-of-way; and WHEREAS, the public Interest would be served In granting approval of an Agreement for Use of Street Right-of-Way in the following particulars: 1) The City's cost of installing and maintaining street signs would be reduced; 2) There would be no adverse effects on sight lines and traffic visibility; 3) There would be no adverse effects on abutting properties; and 4) A public purpose Is served by the placement of street signs which Identify names of City streets; and WHEREAS, the Department of Public Works has approved the location of the street and entrance signs; and :t9lt,:) . :'., -r .- .... o ,~.'"..:'.. -I,>:'.""" r ','. , , "". v ,I. 'I ':, ,.,1 c' I ; .\. , I ".' , ":,1 I I I f" '. .; ,,' - ..._.---- " ,"'" ." n I /5 '~O, " ,1SZI5.~ ,..-.......: .' .r (~'\ \. ;'~ """'. " , '.."~'~...1 ' , , ' , I " I I ! I I , , , , I i r.:, )1 .1 : I '~ . lw~_. ('~ , 0 \" _ U_B_.__.. ___.____ ,,~(o 3 i :'l ~ '., "t .' '.~ i,. ~ . " . ".." ~ ", :.. " ._....._..~_......"__,.,.,...~_~_._...._.._._"_~._::<,,_.~,.~ "N.'..'~'~'_'."'" ......_...__,_._. 2 WHEREAS, the City agrees to allow use of street right-of-way within the Walnut Ridge Subdivision for said purposes, subject to the terms and conditions herein. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH HEREIN, IT IS AGREED AS FOllOWS: 1. Excepting those portions of Melrose Avenue rlght-of.way within Walnut Ridge Subdivision, Southgate shall be allowed to Install and Homeowners Association shall maintain street signs within the Walnut Ridge Subdivision ("Subdivision"), subject to City approval of grading and placement of said signs. The signs shall be constructed according to the attached drawing, and shall be compatible with placement of sidewalks and street curbs. Southgate 'and Homeowners Association further agree that the street and/or entrance signs shall be located with a minimum of a three (3) foot clearance from the street paving, and a minimum of a one (1) foot clearance from the sidewalks. 2. Southgate and Homeowners Association agree the height of the street and entrance signs shall not exceed sixty (60) inches in height, and further agree that street signs within the subdivision shall be consistent with uniform standards of street signs now used in Iowa City, namely using reflectorized paint. 3. Southgate agrees to construct the street and entrance signs in a manner acceptable to the City, and Homeowners Association agrees to maintain the signs in good repair so as to minimize danger and preserve aesthetic appeal. 4. In the event any of the street or entrance signs are replaced, for any reason, Homeowners Assocl,ation agrees to replace said signs, subject to approval of the City Public Works Department. 5, Parties agree the City may require removal of any or all street and/or entrance signs upon reasonable notice to Southgate and Homeowners Association pursuant to Section 364.12, Code of Iowa (1991). Upon such notice, Southgate and/or Homeowners Association agree to remove the signs from the City's right-of-way, or to relocate said signs to another location within the right-of.way acceptable to the City, and agree to do so within sixty (60) days alter being so order~d. In the event Southgate and/or Homeowners Association fall to remove the street or entrance signs, or fall to relocate said signs alter being so - , o..~);,,~ - w~ f" " _..~_. . ~ I , ,10. :'~.[iL1i~:. 1., ' ......1; '<, '-". .__7" J: C~\ ~, "\~ .~ 'T') I~ I : I , I 11 I ill i I I lor' I 1"';1 I i i J \'1",,' .'-h...... '" , }~..'.:".'-"..'.:.: " "" ;~ V3\ pi , "' ", , --", ,;(--- 0 -, " fi , ' , " , , .. 'I~ ,:-ll ~t ,"1, " " " . '" ,.,',' , """" ;';.,-.... " . ',. ..... . , . .' . .. .__..< '., _. _ " ~ _ .. . .'_. ,..:.:;::~~".;:':..:::'..., .'..~.. '''''.-, "-I. ~",......:., ':.:l. \.....1 .:.,,,;_,,..,,.,...,..., u. ,..,......;;,;..:,:..:;.,,__. ;"'" ,.c". ."., Co...:,., ..~':~....:....,~_. ,~__~ ._"" ... f" ..._,...."".._",..;"'~~ _"_..'..__. ._..____._._... __'_H".'~'~""'. ~~(,3 ,.""...".,..I,~\-5 ~ 0', 3 ordered, the City may remove them and the cost thereof assessed against the property owned by the Homeowners Association in the manner provided In Section 364.12, Code of Iowa (1991) as a property tax, 6. Parties agree that no property right Is conferred by this grant of permission; that the City is not empowered to grant a permanent use of ~s street right-of-way for private purposes; and that the City may order said street signs and/or entrance signs removed at any time if, for any reason, the City Council determines that the property upon which the signs are located should be cleared of any and all obstructions. 7. This Agreement shall be binding on the parties hereto as well as their successors and assigns, and shall be construed as a covenant running w~h the land and with the t~le to the land owned by the Homeowners Association, according to the Subdivider's Agreement and according to the Declaration of Homeowners Association separately established. ~ \ ' Dated this _ day of 111 <--_, CITY OF IOWA CITY By: Mayor Attest: Approved By: , )'~,tJ~ 1...2- /'1. ".<..- - , -~-- -=-..- : -...1...".'.'...,.. O. '.':; . .' .'. I , ..... ...'- :' :'j:-'" . __',t,. .. , , --,0' .'.~,jil,,~l."', . . .:-.~j; ~',' .. .~ ,'-; i' "~ . -;~'::::'~(~~~:l.ol_'.'.:. ~" . ." ,"", , . . I,: f" . :;- , ','" , , . :~'. :.::.~.,.'....,.:........~_.:".,...,..~~..:.._~__:\::.~:~':~~'~:,:"..'~"'...~.~~o:..~.':"..:.~--,~_~..L..~~;..J.'~~_,,,:,,,,,,~~,,::,,,~,,:,,,_,,,,,,,:-~._.:;..~._:-..~_~_,~____..__.._..~,___~___;__.:...:.........__._.....~..~~.._.. , (' r: ~'l \ m , "I I " I i, I k., I "~"~I ~~J. \~".......; \\:. ~ ",)~-: C- .) ..' 0 ' , ~ .,,~." ~.- ::. ,~ '., . . 4 SOUTHGATE'S ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this -.l2.. day of L.".rl;l.lnir:. 'l , A.D. 19 f:l, before !TIe, the undersigned, a Notary Public in and for the State of Iowa, personally appeared '? t 'tc ~>t</..", 8fId: , to me personally known, who, be In by me duly sworn, did say that they are the if- &1i &/11.I:8tld:. , respectively, of said corporation executing the within and foregoing Instrument to which this is attached, that (fIG. seal nas been procured BY tRe said) (the seal affixed thereto Is the seal of said) corporation; that said instrument was signed (and sealed) on behalf of said corporation by authority of its Board of Directors; and that the said (l7Iii4J 1l./?!;U't.:'1'7lM1aAd- ' as such officers acknowledged the execution oP said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed, ~c t,;( Public in and for said County and State """ ~ FAY CLINE . , I/Y COIIIIlSSlOtWPUlES ~1. -fS . HOMEOWNERS ASSOCIATION ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this F; day of jj~j7;/J'll,k{ , A.D. 1916 before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Jh . , t WiT and , to me personally known, who, bel ' by me duly sworn, did say that they are the F,f!/j.i'/-Je,-{" , respectively, of said corporation executing the within and foregoing Instrument to which this Is attached, that (no seal has been procured by the said) (Ifle-seal aIIlxod thereto Is the-s&al of s'aldtcorporatlon; that said Instrument was signed (and seale9) on behalf of said corporation by authority of its Board of Directors; andthallhe said ;1J, fJ, ;,;?,'l:':'I~ll8nd as such officers acknowledged the execution said instrument to be the voluntary act and deed of said corporation, by It and by them voluntarily executed. ~ ;J/~ .r, Ut1U' Notary , bllc in and for said County and State 1/ I., . t I '. ~~b3 . ",'''I-',!". .,-,....., 0,' ".,,,.....""........-~ ...'" ',.\. ..~....'.,.., T, ...... -~~ ~ . ~ 'l..'"'::..,.,:, . .,',,-"',' 0,',,; :"....~'..:.';:~',,_:', ,.~;,,'},::,,:: :".-"" ',.....'.. .- . \'_...'. ..'.~ 5 . . ' ,'4. ...... 1[1 ,,:.~,:::" \ ' 3~..ci\. . :' ',_.'~ ........... , ., .i.1 ",1 'j ,. "-.' ...,'.- "L, :_;,. '."';"', .,;:;',> ,', 1 ..'. "', ;'. ":':'~L,.:~.,.:~ji'i:~~,,,"2'L{~~~1,...:-.:.:...:~...""...~~2~!.2~~~.1~'~L:':~~_~_....::.__...._._':..~_.~_~_.~_;._.._~..__~._.__~,...;'_____~......:.;..~ 5 CITY'S ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) " On this day of , 19 , before me, , a Notary Public in and for the State of Iowa, personally appeared Darrel G, Courtney and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of ns City Council, as contained in (Ordinance) (Resolution) No. passed (the Resolution adopted) by the City Council, under Roll Call No, of the City Council on the day of , 19 , and that Darrel G. Courtney and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by n voluntarily executed. '.- ~ '~'. Notary Public In and for the State of Iowa pwadmlnlwalnrdg.agt I ~ (, .':, (\' \, ~~ ''"f ' r \ I ' I .~ ,I, . (['~l~':";~~""",\ . '.-:- . .,1 , , ;.~'~,- - .'.., "Q/ ~~~3 .,., )....'..""..'..'...."1'''.'..'........'..'......'...'.'.........1..'""''''''''.1: ",:"1' .' '0'" ..,.,.. \:':., .... ..'.. . 'I~:, " ,;:~i~,<.;' ,i . . ." ...... " .", _' - -:' .~~~', ' " ,'" ,.,.,..r., .iQi,lYlloUl".. ..:.'..~ ." " ~ f" j'-', . ", .. .~.. '" . ,.... . .'.' . ,-,,-'~,~\'. . , ",WI " ,-. -.... , ..'.,' . r . ' " , ~ .. . ...'j., ~~."" ". ..T..:.:....-'.;.~_Ic..:;.;:...:~;:.~~.:..~~.___:..l ,,~, ~~:.::;L:.,;C-'~~..;.'.i .~~l!:~:.~..,.~:,i': :.::.:c;:.,:;.,::..::':a.:,jl2.::J0.:. \~.~.~~::.::,~;,~~~L_:; :~:...:.- .;;, ~ '_,.;,' .", ','," .',' '., . "c. ,_,r..'; '..\;"."" _'_": _',~,_,,-,,~ "..,._.__.k_ ~_~._~. _ _...,~..,'.'" . - - " ~~b'e I . '-~ " c ,~, ~.., r'-.' .\ \ ~~ I ' I i , ' I f$, . I i I I rI, , , ',;, .,..4 .~~ 'I..," ~: '. nt ':\Co._~ , 1:..1 ~ ,,0.,9 rl .G5.: . ..' . o I '1 <! ...I 0. 10 - "S',I "~'IZ ~ ~ , I 1-'= . - t-:- - :~ (~' - - I- - . - ." ... - , ' . . ~ .,." . ,'. - - .: ,- . : " I"" 0 '.. . l- t \' ,: ~: ., " . I \ :""',', l- I- ~':~~'.. . I- l.'ll ~,. 'I' " .', - .. , l- . . ,,- I- 0 ..:!:~.:: - ,.' . , . .to 0 " ,.', ',,', - ..... " .".-, - l- t-! ,', ,. '.' " " . ~ .'; "'",: - ,....~. -= 0"; .... ''''p.: I- - - I,' " - "l': - :: ":, . ,:. - - .:' :, . I ,., l- . .. I . ',', 0', ,', - - I '.. . ',','\' .......... I- 1-- " " ; "... . '. ' , .' ~ I- - ; " '. ., r'(!)', I- -- l- I- . l- I- I- ~ tI 0'2 1 \? UJ~ IU UJ ~~ Il'I1 U II '2 1. o 0 u u ~ ~ <1 <! \.I \J L "-3 '--: .,0, ! ., :"",,!,:",", j."...'." " .,:": i , .. . , . .....'~ ~> r' " , \ III o - IS) III If) <! to ILl 7- o ~ )- uJ Y. j I- 2 Q ~ \.1. f" 2 \9 - lJ) )- ri l- 2 ill r ~ \1J I() D - ~ \- ' '! J 2 .J ~ 1 . ;1 I ,;, :~ j~l i~ \~ ~;J' ':'1' ::t: i I 1";~5' I O~i " """ '_",.."","_,,1;2J2" ",0j'-",:~iii;;S;";:",~-"2:,,,.l,",,.,.,,.,:,,,_.:.- . ", ",. ,'" ~'? b'l: ------'", .;::. ",.,-..;., t~~'-;" . ,...._,~ ;i .....- . ' ,. , ' . .: . '~.' . .',', ,-..... ",.' ,;' '.j,y ':. ", . . -',~ ~ . . ','; :. . .;,>,~'.,.:",,:: . . ....h 1')'" ....,'.\.t...:,.... , {',' . . -I " I- - -\ II-Zg- J \ ~r-". i. I . I I : ~ II II 1[: ~ \,~ UI ,:" ',' L " , .' .. . f,'... .0......, --.--.- .. 1,9<2 :. -,',;' o W N IY ~ '-l W .J LL uJ W. . ~" . ~, . ~\ ... " : H , . J . '"" l- I- ,- - l- . \. '. , \ , ~~ : ~ . Ii . \ . . : .. : : . .. . I-- l- . l- I- f- I-- I- : , , " Ie- - ,,<d V - \ ,,0-,\7 " , : -~" ~- , i, ,. ~": '..',.....:.;...:.0.', :_;.;,J<\",,), ,i,:,': ,,0. I") .. ,. ",- J .{ ,(j 0.. 'r l- I "2- \9 \f) .. I- W: uJi ~: 1-: \f): 1 @ W I[) o - (i ,r,"- \- J 7- .J " ([' 3 ~ I ',. 1. c, , . , 11' j'........'.'..'.........'.... ,.:, )i:)",;:,.:' >. .. ....,..'--.--,..,,""'-r> ., .. "" ,. ,.5 .10', , ,,' ..,'d', " I- i .tY,ffi~ , , '~t.. , "', ~ , ", . :: . ,;.::' . :.'..;..... '.: ,,'. ....:. ." ..... ....... . ,,' .,' . - '.' -' . ' ' , . ,"WAjS,~:&.' 'MiA N:s' . ",", ., . '. /. ,.'.'. '.',; ',. ..... .' Carl Pope . " \ enerations ofU,S. tourists have used a simple test to distinguish advanced nations from backward ones: can you drink the water? The smug assumption has always been that it was perfectly safe to do so back home, To guarantee that pre- sumed right, citizens prevailed upon Congress in 1976 to pass the Safe Drinking Water Act. It required the Environmental Protection Agency to set water-quality standards and man- dated water districts to test. tell, and treat: to test their water supplies to see if they measured up, to tell the public when they didn't, and to treat substan- dard water using the latest technology. As is often the case, however. the EPA failed to implement the law. So in 1986 Congress gave the water act some teeth, and the EPA finally began setting tough standards. But then public water agencies-many of which were supply- ingtheir customers with an impure and sometimes even hazardous product- rebelled. Backed by mayors and gover-' nors, the utilities complained that Congress should not require them to supply clean water unless the federal government paid the costs. They called clean water an "unfunded mandate." But as the Columbus. Geor~a, Ledger II/quirer editorialized, "What looks like an unfunded mandate upstream looks like untreated sewage downstream." The logic of unfunded mandates would have the federal government paying for pasteurizing milk, keeping chickens free of salmonella, and foot- ing the bill for meeting virtually any health standard it sets. Unfortunately. this corrupted logic is gathering more and more adherents on Capitol Hill these days. Legisla\ion designed to weaken the Safe Drink- ing Water Act and allow U.S. water standards to sink to a Third World level are sweeping through Congress, .) ",~ , i I, ,[ ~ I,. j '('; " '" ~~. Tapwatergate propelled by an alliance ofjdeological opponents of environmental protection and misguided state and local officials. The Senate has already voted to weaken the Safe Water Drinking Act. In the House, H,R. 3392, sponsored by Jim Slattery (D-Kan.) and Thomas Bliley (R-Va.). which would funda- mentally repeal the act, has more than 150 cosponsors. The effect of both bills is to make safe drinking water a privi- lege of the prosperous, rather than the right,of all, Yet both are moving toward enactment because the public has no idea what is going on. The media have been so interested in covering White- water that they can't be bothered with yol/r water. What would passage of these bills mean for tap-water drinkers? It would mean that water agencies would no longer have to test public ,drinking if people knew what was happening to their water, they'd be boiling mad, . water for safety. If they do find the water is not safe, they would not have to tell the public. And even if easily af- fordable technology would make the water safe, they would not be required to use it. This is not an academic argument about one case of cancer per million. For five days last summer, the citizens of Washington, D.C., had to boil their water because it had become contami- nated. A year ago, 400,000 citizens of Milwaukee were made ill by drinking tap water contaminated with crypto- sporidium bacteria. More than 100 people died, The EPA is now in the process of setting a standard for cryp- .. ~ f" . ... ry/ - ~ ..1':' 46.6 / tospiridium-an exercise opposed by the unfunded-mandates lobby. According to the Centers for Disease Control, every year 100 million Amer- icans drink tap water contaminated with known carcinogens; 130 million drink water contaminated with lead; and 900,000 become ill from drinking from their faucets. Yet Congress is now , toying with a see-no-evil solution that would absolve cities from issuing health warnings when contamination occurs. What makes the fight over clean water extraordinary is that it is not the usual suspects in industry who are sup- porting the deadly status quo-it is publicly elected local officials. Like cor- porate elites. government elites don't want the public telling them how to do their jobs. Although many water dis- trictS, both large and small, do a good job already, unfortunately they and the elected officials who oversee them are still willing to provide political cover for those who don't. Of course, most elected officials and managers of city water systems don't have to drink water from the tap. They can, and usually do, drink bottled water instead. A Sierra Club survey revealed that 88 percent of the members of Congress trying to weaken water stan- dards won't drink the stuff that comes out of the faucet in their own offices. Even EPA head Carol Browner admits that she drinks bottled water. And more consumers use bottled water today than ever before-40 per- cent in Southern California. for in- stance. The United States now spends $2 billion a year on bottled water and another billion on home purification devices, making a mockery of the argu- ment that clean tap water costs too much, In almost every city, it would be far cheaper to provide safe municipal drinking water instead. Of course, o ( 30 'JuLy/AuGUST 1994 cf;mRA- W{ ~Cf ~q r~.:~:: - ~ -., IL - ), ~ 10. 0 I '/j - . . - ,~~ " ~-'""...- , .,,\ '\ \ \, ...}" ;?~'_'"Qll1 1,,-/', ~; " ',\' I 1'( , I I" : I I: ii,! I II' I i I 1:' i[ I";, . I' I i 'I ! I, , , \:. t,~/ ~".", " r ; ,.~;. ..'1' -,I. """', I:J,q ;:\rll -~.-'\.- : 1='-;;"......-.- (C____ ;" I , , ".rl,\'i,', .. . . .~.' . " il. Quality Outdoor Gear and Clothing Since 1938 OuIdoorGear al!!,~!'9 climbing, cycling, camping and paddling, .Call or mail today for a Free Catalog 1.800..426-4840 extension N4083 ..-......'" ......... , ....<...i~~-REI catalog, \ ''? \ '1es\ I'd like a \ ..~..\ Name~=-------:--:I . " ......'Mdless 21p_ ' S\a\e_ CIIl-----;;40&3, sumnel'llA send 10: RtI,oept. , 9&3\2'1IO!l~_ - .f 1 _.._. ". ".:'--: . YOUR FAVORITE BOOTS RENEWED. (Not just repaired. Renewed.) For about what you'd pay to get ~our boots repaned, you can nave them restored - with the Vlbraml soles responsible for their onginal performance, For your nearest Vibraml AUlhonzed Dealer, call, 1-800-VIBRAM-7 .~ VIbrLta AllhoriIt4 0aJtt THE SOLE AND HEART OF THE WORLD'S FINEST FOOTWEAR" ~~C~'NIlCWlt'O"M.wk1\ll'''''~'''1/Il1Oltt .1JS,l. ~""'~""''O'l''lI~~''~''.,.S~;llII.l JZ 'JULy/AUGUST 1994 ..,... ~ . - .~- .-.u_ __ o .. 1 f" - the unfunded-mandates crowd isn't proposing bottled water for everyone- that would be another unfunded man- date, But they are proposing to save money by letting some people drink unsafe water-the poor, the elderly, and schcolkids-while they protect them- selves from the risks of drinking at the tap by bu0ng Evian on aisle six. Those complaining about unfunded mandates make much of the problems that compliance with the Safe Drink- ing Water Act creates for small, rural water systems. Small systems do face real problems. but the administration has proposed, and Congress appropri- ated, special funding to help meet their needs. Some small water districts may simply be uneconomic, but these can be merged with larger systems over time, and some testing requirements may need to be modified depending upon regional circumstances. Even so. the genuine problems fac- ing small water utilities should not be used as an excuse for large systems that simply don't want to inform their cus- tomers that what comes out of the tap may not be fit to drink, and don't want to modernize to set things right. The Sierra Club is working to ex- pose the unfunded-mandates issue for what it is-a cynical attempt to elimi- nate public-health protection for those who need it by those who don't. The Club is urging members to speak out now to congressional representatives, to governors, mayors, and public water agencies. We are demanding that they strengthen, not weaken. the Safe Drinking Water Act. The alternative is to accept defeat in the House. or to live with compromises that maintain the illusion of drinking-water safety but not the reality. If we take the latter approach, tourists in the United States should listen to this advice: it's a nice place to visiHust don't drink the water, . ! ~ I ij :! ij I CARL POPE is tile exeClltive director of ti,e Sierra eM, TIlis is tI,e secolld of tltree Coil/III liS Oil tlte "llllltoly trillity" of all Ii- eIIVirOllmclltalllleaSllres. Tltejirst, 011 tIre takillgs movemellt, appeared ill tlte Marclt/ April Wile, Next: "risk assessmellt." \ ~~~lf I I " f.... ,,' ,) ) o .--"~.\... ;~', "-,,, ,I, " _..~.: .~..... , ' 1: !1, ( \ .~~ ~ '.' ''i i, \ I ,/ ~, I II II : ~\ I '{II t I J \.\,.,.~ \'''-' f" :,' ": ' ., " -1'>'1": . ',,' .,'. .. ;:'~t>;" '.'~ '~\ '.. " ',> ,. "~' ,', '''of,'' " ". . . .:.:._._... "" ..,~..,~.~:.,I.-:':'~._;.::f~::;_~'_,-,""'~"""',.:_,,;~,,,:,:..~,;..~.;...:..~.~..'....,..~...:.-.:::~::~_" ~;..:~.,..~_.~.'. .:::~.___._~_~......~.,._"._.b.Y_..._._~__..._.____..___-'_"~_~__.._ .,.....__:....._. ,: 10: !UWA L!IY Ll~KK , from: Jim Haverca~p Jflhn~nn Cnunl)' _ \ rOWA~ BOARD OF SUPERVISORS Stephen P. Lacina, Chairperson Joe Bolkcom Charles D, DufIY Patricia A Meade Don Sehr December 1, 1994 INFORMAL MEETING Agenda 1. Call to order 9:00 a.m. 2. Review of the informal and formal minutes of November 22nd. 1 f" '. " .. 11-38-94 8:22am p, 2 of 2 3. Business from Jen Madsen re: Social Welfare Board - Cluster Boards update/discussion. 4. Business from Pat Peters re: Senior Center update/discussion. 5. Business from the Board of Supervisors. a) Discussion re: appointment to the Johnson County Mental Illness/Mental Retarclation/Development Disabilities/Brain Injury Planning Council and Case Management Advisory Board. b) Reports c) Other 6. 5:00 p.m. - Informal Hearing re: FY96 budget/discussion, 7. Discussion from the public. 8. Recess. --......-----.-----..------------------- ---------- FORMAL MEETING TO FOLLOW 913 SOUTH DUBUQUE ST. P.O, BOX 1310 IOWA CITY. IOWA l2244,1350 TEL: (319) 356.6000 C . .u_ : . 0 , .. .. .,.' ~. - .. ., '. -~~- -.,,- l.'.-.'.""""..'" ,.. -"""'.',-., ,:: 0.. ".'.....", ,.,'.,'". ...\". ~ . . (,i".\,,~. "' l:r~r~ ,I o ~o :::- -~ 25 ..:::-:":) .,:.: :;a v) '~...;~ o ...."o.l.t .. '.', :',:::;:.-'" '....:. .~.. ... ,.. ,~"'. ' '" , ,~ '1 ;.... ... =::: ,'j.. ':::' ~.. (..!.' -" ~:~.. ..'~" ~ c:=> ., - FAX: (319)356.6086 <,~S' ,. .',..' I~:-~"':J 0, .OJ. "'. ..\:' .' ~~,:. ....,;7' '.-:.;;'. ;..".::.~.- ""- l;'";' " :'; I~\ \. ;?,"~ If 1 I , , , , .. i II I ! I i ~' ~ , '.' v~ ~ ,e: ., . ~ ".:.,,:- . . '."." :<'~~\:.\'t,: ,'.., ., . " ........ '..', ~ f" ,-' \ . :, .~~~.~~.~.;,.'"-':~~.~,.~~.~:_~;.,~_..~_.~~.~_".._:.:~.~;.~__.~~~',_:-~~~~_~_~,.._. ~"~h _~.....,~.__...__...."...~~.~___~.._._._..... To: 1011\ CITY CLERK From: Jim Havercamp Juhnsun Counl)' _ \ JOWA~ 11-30-94 8:55am p, 2 of l BOARD OF SUPERVISORS Stephen P. Lacina, Chairperson Joe Bolkcom Charles D. DuffY Patricia A. Meade Don Sehr December 1, 1994 FORMAL MEETING Agenda I. Call to order following the informal meeting. 2. Action re: claims I.,~ - - =, -,. ...... ,. i:J ..,'.. ,. .. .~ " . ..' ... '!':.:'-;' ,-, (....J .;,." .. 0 . .. ~ j , - ,. _. '-, " ',:) -~... .. ,,- .. ~;. :'-,,) .. 'J.) 3. Action re: informal and formal minutes of November 22nd. 4. Action re: payroll authorizations 5. Business from the County Auditor. a) Action re: pennits b) Action re: reports c) Discussion/action re: resolution transferring from the General Basic Fund to the Capital Expenditure Fund. d) " Other 6. Business from the County Attorney; a) Report re: other items. 913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWACITY,IOWA 52244-1350 -p- ~ . --~'-';=L.~' o c.>-.', . - TEL: (319) 356-6000 FAX: (319) 3,56.6086 ~6S O I.). '.;~:"\""':'<""" . r"~^ . '..'...... ,_!ie' ./ '..., ,. l,.J ' l J I , , " ' I ! . PJ I I, D, )" . '.1 ..." " . ,.:,'>~t~:i'~" '"',, "I'l, " , , ~"'...,.., . ," t~ ;1},2': "',", ,~'. -:,:"1;," '" . "'."' ,J. 1 . ", ,', , ", .... . ",'.' :!,' . " f',' "",'; ." ". .... '.t;., . . . ~_. ___..-...-.~'..............,.._._,_~__.... __:.........-,,-" ........""'~__,_-'"_.___...____......"A.~_....._."......__._______ _______ :'.'~ - .. 10: lUWA lilY Cll~K From: Jim Havercamp 11-30-94 8:55am p, 3 of 3 Agenda 12-1-94 Page 2 7, Business from the Board of Supervisors. a) Action re: appointment to the Johnson County Mental IIIness/Mental RetardationIDevelopment Disabilities/Brain Injury Planning Council and Case Management Advisory Board, b) Other '~'. 8. Adjourn to informal meeting. a) Inquiries and reports from the public. b) Reports and inquires from the members of the Board of Supervisors. c) Report from the County Attorney. d) Other 9, Adjournment. o .I (- \ .~ Pi1 ! I I ~ i ~D - c.: - "....-. .';- ...M~ ' CJ .~-;-.c; :>::. .....:= , 3 ,- , , (,) '::'l::'~, " ,:;:) '.;.::"1 " .,....-. ~ ......... ; , -.' C)~-,: \.::l :f:~ - .. :.':-0 (J to I I ~: , "'~ I i ~ , ,,!G~ 0,_ '--, ,'" , -C:' ~1(PS - "2',o,jj,!',;:-: ',.:'.';':...,..._' '0' ~,:,sl'd, "-<~;:;',~,:' -;~'" ~VB21!r., " '..-,1;.'" "-:. .:;" t,',,' ~ . ... . :".~" .- ,.,,,t\\l: .,1 , ~/ .".,: " ,..;'.' ',' , " '-.: . ..' :, , .,',' '. ' , ".' '\~'-:~',;'i-"':''';''~........;.-.., . , .- ". ,_ _. .. ~ __. ___ _._.' ,..:......~~f;~,..:..~...~..:..._......__w_."....,..... 'u.....~.-:::.~_..:..___~..:..._,-.::..__.....#_..>>.,_.___ _~__..____"_.__ -___ - To: IOWA CITY CLERK From: Jim Havercamp 11-38-94 3:41pm p, 2 of 2 /-: ~' r;\ (,,1'\./\ a.-c 1.\..L JOHNSON COUNTY COMPENSATION BOARD MEETING Board Room, Administrative Building 913 South Dubuque St., Iowa City Saturday, December 10, 1994 10:00 a.m. 1. Call to Order at 10:00 n.m, 2. Discussion/Action: Electing a Chair 3. Discussion/Action: Previous Minutes (December 11, 1993) '.' 4. Discussion: Salaries of Elected Officials (J) 5 . Discussion/Action: Salary Recommendations 6. Other I. t ."' ",..~ \ \ 8. Adjournment '-0 .r:' W .~'- :~~~ ..... 0 :.;.-::1 0..,.-" r';:: . J ~' . 1;'= ,~ -: W .-,..... ..' 0 ". " -,. " . .'.:., . _...1' -- 0- '. '. (,l .!- ';,::;... .. '-.. :;.~. 01 -J I 7. Business from the Public ".' , iT I i TS/msn II : I II I~ ! I ~ ,~ v .. ~1. ti\ ',..- .' '-,. ", ,....,0' ,,','-'-, , ','.': ~'(ob ,j"';:':'....,-~;'<._..""._.'-.'-'T~' ".'1 Of '. 'T,"" " " ,."S 8 ,;):'::,- '. , ''I,,' \",' : ,'" (C 0' 1""'"'tt -"~'~~:,~', .:.,{.. ~~.".,., .. :,.;.;....,~ .: ',', , , " , 1 ........ . . - . " ""', . -. ,~ .' :~. .'.:":'.. ",'~' ".; ,. . : "':, i::;....-.,..,t.;~..:.,'. i:...:._.....::'__,~,~..~_...~::2:.:.:{i:;:.:.....i~:.;2:~.~~',~;.:_L~,;i,~2..~~:.,.~,,;.:i;~~~2......~.'-_._""--~............,_'...~....M~.._..~.~.:..-..~r'_-i._~~':':____~.._~.~,_.~ .: ,c >' ... , ." ,,,.,., y.,'. \":' ~ ~ r-l I i i ~ I I " I I I , .: I I I I I il ' ~I ';.1 I ~ ~C' ,i"r ..-, ( :"', " '". . o - ., City of Iowa City MEMORANDUM Date: December 2, 1994 The Honorable Mayor Susan M. Horowitz and Members of the City Council Anne Neylan, Secretary, City Attorney's Office ~ At the request of Jim Throgmorton, I made one copy each of the two appraisals the City ordered of the water/wastewater plant site recently condemned and gave them to him. I contacted the other council members to see if anyone else wanted a copy. Bruno Pigott was the only other member who wanted a copy to review. Susan Horowitz suggested at that time that no further copies be made for individuals, but that the copies already made be shared by those council members who were interested. To: From: At this time, I am giving the copy of the Fisher appraisal to Bruno Pigott, As far as I know, Jim Throgmorton still has the Carlson appraisal; therefore, I am enclosing the replacement pages from Bill Carlson for Jim. If you have any questions regarding these copies, let me know. cc: City Manager Assistant City Manager City Clerk City Attorney ~" ~1 - ~ - r~" -.---= L~ ..i Pi:,). :,)i;":-;.:;:,.:'.:.':'..,.,,",.. T J if ..:,',: ", '" ,",' '., . ; , 1'..0...:'...,. ',...,.\_..,.:'":' . 'Ie;, ',' ." .~-) , ~". ~~ " , , m2j ",,,\, ' /'. \.""; . '. '. ,',..,-,1,. ".0 . . "'.~~: ',; .'..{,. . ',. ',,' >:..>' ~ " f" " >,' _.,,::#...'.':{~.:'....._~,..__,~.__~.. ~.'_:'h _~"~.."._..U-"-"-,_,...::.~~, _ 4'~~_'~_ .'_';..._.~,'.:_~_.:.....~~.._" _ _..4'.~' City of Iowa City MEMORANDUM Date: December 2, 1994 To: The Honorable Mayor Susan M. Horowitz and Members of the City Council From: Linda Newman Woito, City Attorney Marian K. Karr, City Clerk 11ri!J!. ~ Re: Possible schedules for water and waste water rate increase ordinances The City Council has mentioned several substantial amendments to the water and waste water increased.fee ordinances, now scheduled for continuation of the public hearings and first consideration of the fee/rate increases. As you recall, the City Council requested staff to separate the fee increases into two ordinances: water increases and waste water treatment increases. In the event the City Council, or at least a majority of the Council, elects to pursue a change in the fee structure, in addition to the fee rates, I would suggest that the "flat rate water fee structure" will be a substantive change, requiring continuation of the public hearing, staff direction to redraft the ordinance to reflect the "flat rate for water fee structure," and making sure the new "rate structure/water ordinance" is on file with the City Clerk and open for public inspection. fj\ ~ \ As you can see from the attached calendars for December, we have presented two possible "time lines/scenarios" for the above-mentioned "rate structure" potential changes. You could certainly come up with other schedules/scenarios, but the attached schedules would still provide an opportunity for the staff to redraft the water fee ordinance to reflect a new "flat rate fee structure," give the public an opportunity to review the ordinance, give the public an opportunity to comment on the proposed new rate structure for water fees, and thereby protect the integrity of the ordinance proceedings. ..f c-"" A r.","-' We hope this memo and attached schedules will be of help to YOL'" but please call us at extension ~041 for Marian, and 5030 for Linda if you have any questions whatsoever, II : I : I , I II IF I, :( ~.~.' I'p cc: City Manager Assistant City Manager Don Yucuis, Finance Director Chuck Schmadeke, Public Works Director Sarah Holecek, Assistant City Attorney Attachment mcmos\ordschod.lnw I:~; ~, ~I i~' L,' ~'~8 {[-~~~ :~~. "'-'-." n....... - =--..... :' . ,0 '1.," I" ~ it.", ..'"J . ,0', .J~ d. '. . .":-..:: " " ,"\1<>.:Ji, :,;.,....... - ~ ~ r VJ ,. ( .~ ( \ ~ A ~'-I ! i i ,\ I! '')J : i- I ~ ! I \j , I tif) i~ II !l , i~: ' ~' ~ i;'" ~(. '. I" .' ~ . , .' ~ . '. - \:t,',"j; '. \.. ,~' ,',". ~ '. . , .' " '",~~~.. ~> .- , n, ..~.>_~,.v,...~ ..._,.__. -"~,.._-_. -~- " A f" , ~ F p..l'.MJ.v,) W TM 3 T .;z S m I - ? ;'o! 8 ~ 1 1{ .!> ',- ~-,.;t:;-....... ph.. ~ ~r~ ~I 1& 17 . 1~llj' fJf!tt{l!. 1'1 I} (3 M (I ~;~t ., " tn..ide~ .;.1.,/ ?J.3 .'J.J .,..;. , 1'7 ~ I,~ IJ.JA',<,i!..l. -r-;',i fM'~d- Ct1tj(h~~ K {tdtll~ ,3; .J.'! .p :;17 ~t' .J(t . .;15 ~~ ;;~jJnJJA) _ . . m S I T w TH F I ,1. - ~ '1 if 6 5 ~...v I 'f' tIt/el,,- P'/I r !7~ ~/;j? 1 - II( IS 16 ,1 I}. /3 ~ ' , I". I a .h .ttd.( Itc.d?() 11 )11,/ /"'rC . <I !IJAtudtl1i"t/l. ~./,' I,.. (..<~ , a.t"t.lJr .x, (:n ~/ J,::;. ';3 2$ ;1& \Pll~ OJ1 Jr.' s 5_ 3 I /() '1 OJ'!' 1/ i~1~8 ~. --~:,- '0 "J)~:.I' ~ , ,:t~~ 0 ~ _ _ .~- I,,, d'. .J '... " n \21 hj, ',:.'. . ., . '" " I .~~>, r ~ . ~. . , ....".., "", .".' , . '_:.::}-~'~~"f.~. . , . ~ '. ..,r." , .~. r. .-" I . ~ ' " ~ .;, :: '.: ;. -. '. ' . '" , iL~i~~;:,~.,:_~~, .',,,._.._~...___..._~...,'.~c-__'~~'.:L~::~,.:\~~~'~~~~.,:i.~.......;:~L;~ ._~;~.:.~~.~...,.:L"'~".~:L~;.~;~:.2-.-::.. ~~i._'~~~;....'~.~'~._._ .v~._.~.'_.__..._.______....~.....--:..._.-.__. _.,- :.':.....,... City of Iowa City MEMORANDUM 1 1 Date: November 22, 1994 Re: Stephen Atkins, City Manager Donald Yucuis, Finance Directorj)Vy 1% Local Options Sales Tax 0 To: From: 7 I would like to convey to you some thoughts about the 1 % local option sales tax and its use or benefit to the City of Iowa City and its residents. If the citizens were to approve a 1 % local option sales tax, it could be used for the purpose of reducing the water rate increase impact to the users of the water system, allocate a portion towards property tax relief and also allocate a portion to general fund operations. '. Based on the Iowa Department of Revenue and Finance Annual Sales Tax report for fiscal year 1993, the total taxable sales in Johnson County were $717 million and the tax computed on those sales totaled $34 million. The total taxable sales in Iowa City alone were $536 million and the tax computed on those sales totalled $25.5 million. Based on the formula in the Iowa Code and how sales tax is distributed to each city within the County, the City of Iowa City could realize approximately $4-$4.5 million based on the FY93 taxable sales figures. , With the recent proposals by Governor Branstad to eliminate the machinery and equipment property tax, the potential to invoke the taxpayers' rights amendments on all cities, counties and school districts within the state of Iowa, the limitations on how cities can generate revenues for the general fund, and with the proposed increases in the water rates being substantial, I believe that the 1% local option sales tax will likely receive more attention, I r .~ r ,.l\' C~.\ \ ~ !r bj'oaleslax , ,I i I II I>:" I ";, ~ ~ Uf ,.-- r , , ' ~- ~\~~ '-J. ,..';:.'....,"'_...':\....__m'." [.-..'.' '._ -'1\;:., ~ ' , I" ., 1: \ ': '. <~'v:'.::'... ,_.' ". ;./ ..), 10, ([- '0 ... ' ," . , . '~ . ' ' .. . . ..' -~_._-----~ - .'.. ' 0.' . ". ;xwilli' , ' , ~ ; i. . " .-,'..... n._"... .' .. . . .:\ '" ,.t~v,'. ", .. '.' ! 1 ~' . . .__...?_'.:....-. ~.. .._. _.....____...... __u...._~_ . -_..~._..--I...'. City of Iowa City MEMORANDUM Date: December 2, 1994 To: Honorable Mayor Susan M. Horowitz Members of the City Council From: Linda Newman Woito, City Attorney Re: Clarification of Iowa Cities Which Use Surface/River Water I received a phone call from Dr. Nelson Moyer of the State Hygienic Lab, pointing out that there are other cities in Iowa which rely almost exclusively on surface/river water. He recited a list of said cities, and I have checked that list with Ralph Russell, the City's consultant from Howard R. Green in Cedar Rapids, Iowa. The statement made as to Iowa City and Des Moines relying almost exclusively on river water is still correct in terms of major cities located within the state other than those cities drawing from the border rivers, namely the Missouri ,and Mississippi Rivers. 10 Moreover, Cedar Rapids relies solely on groundwater, not the Cedar River; and Sioux City, Waterloo and Dubuque rely on groundwater "under the influence of surface water," In sum, the following cities were discussed with Dr. Moyer and with Ralph Russell: 1. ..' 2. \ ~ \ 3. 4. ~ 5. 6. 7. I, 8. l Davenport - Mississippi river Council Bluffs - Missouri river Rathbun - rural water districULake Rathbun which impounds Sheraton river Burlington - Mississippi river Ottumwa - Des Moines river Keokuk - Mississippi river Ft. Madison - uses % well water and % Mississippi river water Fairfield - impounds creeks and creates man-made lakes In terms of "major cities," it is still true that, except for those who rely on the Mississippi and Missouri Rivers, Iowa City is the only major city, besides Des Moines, which relies almost. exclusively on river water. I : I i I : I ~ I J \~1 ~"I r, l ., I thought this would be helpful to you, but please do not hesitate to contact me if you have any questions. cc: Ralph Russell, Howard R. Green Dr. Nelson Moyer, State Hygienic Lab Chuck Schmadeke, Public Works Director Marian Karr, City Clerk Stephen Atkins, City Manager, Dale Helling, Assistant City Manager Ed Moreno, Water Superintendent ~-': ,(' o Yc\su~rlve --~ - Il .1''-' , ....:. '0 ).:i ~~10 : . I' . /) , 10', , .. i!'~.iJ;f . ( .r (~ \ '~r" , ' i ' i I ~ I I : I , I Ii ; , . k' I"i 1 , i\, ' ~:: I " I' f( ., 1_ ,'. {'l,-.,. , ~, , . '.'11' " '.', I,\~': ".' I ..... ,.\: ;, "',I , ".,.. f" , . .",-,,',".',..c,<__... . ::", '.. . '.' . " . .'."., " '. .... "':.. ..,..~....._""_., ~.~...._- ~-_.._...~.- ,-~.._~.~._.~"'"..........".~.~~--~---------_._.....~.--,...~,,-~ ....... ,.. --_.. .-..._--- - December 2, 1994 ~;.... - CITY OF IOWA CITY Molly & Phil Mattheis 3337 Dubuque St. Iowa City, IA 52240 Re: Request to submit potential vacation date; update on condemnation proceedings Dear Mr. & Mrs. Mattheis: I wanted to let you know that the City condemned property, known as the "Butler farm" in proceedings at the Sheriff's Office November 29, 1994. The City has now deposited monies with the Sheriff, which permits the City to take possession of the land. I have already given notice to the sand and gravel operation, as well as the prior landowner (Washington Park Partnership) that the City is exercising its right to take possession of the land, effective Saturday, December 3, 1994. With respect to your continuing to live in the rental home, I wanted to request that you tell us your moving plans, and give us a date when you believe you will be able to find substitute housing and relocate to another area. The City is not in any rush to have you moved from this rental home, so feel free to pick a date that is comfortable with you, A W While you are not technically entitled to the "up to $500" for relocation costs under Iowa law, simply because no request was forwarded to the condemnation proceedings or Sheriff's jury, I am nonetheless offering you $500 for relocation costs to which you would have been entitled, had you submitted a request to the Sheriff's jury, This relocation cost is provided by state law, ~6B.14, Code of Iowa 119931. I thank you for your cooperation in this matter, and please do not hesitate to call me at 356.5030 if you have any questions, or if you wish to discuss either your schedule or the City's schedule. " Cordially yours, ~,~3/ti City Attorney cc: City Council City Clerk City Manager Assistant City Manager David Brown, Outside Counsel Chuck Schmadeke Sarah Holecek File '~ legan1trs\matthois,lw 110 EAST WASHINOTON SHEET' IOWA CITY. IOWA llllO.IIl!. (1111 156.l000' FAX (119) ll6d009 ~"1 \ - 1- .,,-,)',"',","" ,,'.0 '2.._ ,:,!,;Y:.'::", ,,' ''-'', ~/sl 0', 'G_ - -, ~ ~ ~ U 1'1 ~ ~1 ~~1~ J i"i ' ,; '., ., .~I!' " \"1 . " -'t" o , \, \ t. ~ . '.. " . ... . " , \ ", . ._............""...".__...,_..0...'.....1. ., ". .' """'-'" ...,......,-:.-..--.. ,.." .,-_.._'" ~..,.. .~,.- ." ~~ CITY OF IOWA CITY December 2, 1994 Washington Park Partnership, an Iowa General Partnership, and S&G Materials, an Iowa General Partnership c/o William L. Meardon, Attorney Meardon, Sueppel, Downer & Hayes 122 S. Linn St. Iowa City, IA 52240 Re: Notice of election to take possession of land condemned November 29, 1994, effective December 3, 1994 Dear Bill: r r \ \ iq., ! I ; I As discussed on Friday, November 2, 1994, and as provided by state law, the City of Iowa City hereby elects to take possession of the land condemned on November 29, 1994, in the Johnson County Sheriff's Office. More specifically, as provided in ~6B.25, Code of Iowa (1993), upon deposit of the condemnation amounts assessed in favor of Washington Park Partnership and S&G Materials, the City "...may take possession of the land condemned and proceed with the improvement. " " Because of the sensitive nature of the sands and gravels located on the property, which are needed for both water source and water treatment purposes, the City hereby requests that Washington Park Partnership, but more critically that S&G Materials, remove themselves from the land and cease all mining and excavation operations. ' As you know, the condemnation notice permits S&G Materials to remove the storage building, scale and scale house, and the stockpiled sand and gravels located on the now-condemned property. I would ask that you instruct S&G Materials to limit their work on the condemned property to removal of the stockpiled sand and gravel, and to refrain from any further mining, dredging and/or removal of sand, gravel and any other generically defined "mineral" or "product" as used by Bob Barker at the Sheriff's jury proceedings. , , : r, 'I" I, , I . I , I , l.l. .~~ (<~" t:~j ~ I '--' 410 EAST WASHINOTON STREET. IOWA CITY. IOWA 11140.1126. (119) 116.1000' FAX (119) 116.1009 ,(-~~:="~ "'-., -~--- ~~ ~- -. . 'o_)~, ~ . ,~ - f" , .... t I' I, t t Ii,! i~~,', I~.j .' hi r:'} " J* K~" ii r1 r:~ ',$ f~ ID ~ ~1 f,. ~ i ,: ~, ~ f, ': " ; ~ " I 0, .-;'/"i." .mil1l'~ ~, ., .1.'.' '. '~ "-<~',~:.';'-; ::' ," c .~t \.~I.~ .'~ ',:., """ " ,... . .' .;;: 1 .\ '." f: . r ..~,...~;~.,;,.:f.L..."...~.:_~~~~;.,.~~~J:,'~~L.t:.='"..L,~~C>&w..C.~.~,~::;~C..~.;..,,:.'"'.~::'.j.:,"..;~~"...t..M.'..U~'-.~_,,_~,-, __..._....._..___ ~... ....___..' . ..' " ... : (' .. .) .':.01 I I I i: , i i I II I \ :\1 I,lJ .1 , 1 ~ ,0 ~~,~ '""".', "'...,,,....',.... ,~. r.'" I!~ .... .... Washington Park Partnership/S&G Materials December 2, 1994 Page 2 I am attaching copies of the "notice of appraisement of damages and time for appeal" and "deposit of payment" made November 30, 1994, pursuant to exercising the City/s right to take possession of condemned lands, ~6B.25, Code. Thank you very much for your attention to this matter, and I appreciate the cooperation of you and your clients. Respectfully submitted, Linda ewman Woito City Attorney cc: City Clerk City Manager Assistant City Manager Public Works Director Finance Director City Council David Brown, Outside Counsel Attachments legal\ltrs\washps&g.lw ",~_:.,.."...... ,.":~' .l":"~ ...'..0."',,;:',,......'.., ., .- .,.._~..'...7.'. .j "\.... , ...,l I I f" I~ , .'! '10, .. ~":~. . ~~;,."'.' . .', ..... '... '" -- -' ( r"'\ ) ~ ~ tnr:-: I ' ' , ~ , i I II if:, I l ~ " ,., ~,( '~i; " :co. " . ':.:';'}~-~~'t::-,':,,'. , , ;.": . ~' "~I . . .<~ "-'.-" '. . . -".... , . .. . . -'. " , , . , ',' .,.:'~.,'::~L'~,~'ii:"~'~~',,,_~,,~~:-'_~~;~'~i~'L_..=",.~'(~:~~~~,,,:;~~L~~..;...";....;:..,~~:~~_':::';.::.;..~,,,,.....,."_,......_~_.._,-:..___~_.._<<_~.__.__.......~~..._...~~~..;...;...<v,. , " ~9'~ ",,"'C'C "'."'1.':"', "'\ 'j. ". ,f" ~.., ... ,- , ...."...;.," j","-": " ',', ~ . '''". , , " Johnson County, Iowa In the Matter of the Condemnation ) of Certain Rights in Land by the ) City of Iowa City, Iowa, for a ) Project Located in Johnson County, ) Iowa, Known as: The Iowa City ) Water Supply and Treatment ) Facilities project; ) Washington Park Parcel. ) DEPOSIT OF PAYMENT * * * * * * * * * * COMES NOW the condemner, City of Iowa City, Iowa, and hereby tenders the checks listed below in full satisfaction of the award made by the Johnson County Compensation Commission on November 29, 1994: Check No. 316058 Payee ' Washington Park Partnership; Phil Mattheis; Molly Mattheis; Williams Brothers Pipeline . Company; Iowa City Broadcasting Company, Inc.; Iowa Electric Light & Power Company; Northwestern Bell Telephone Company; and Johnson County, Iowa $3,250,000.00 Amount 316055 S & G Materials, an Iowa general partnership; and Johnson County, Iowa $ 900,000.00 316056 Ivan Walkeri Jay Honohan and Johnson County, Iowa 6,100.00 $ CITY OF IOWA CITY, IOWA By: D H Br Bu 1 nq , 120l:l East ashington Street Iowa City, Iowa 52240 (319) !337-9606 , ATTORNEY FOR CONDEMNER CITY OF IOWA CITY, IOWA ;., .-.........",."., .. _ ,.-' ~~:-~w '-_.'- j"'" ~~:i: 0>:-. \",,' . . ',' :1~;1" ..:~?".:,>,' .' " I, ,', - ,.' r . .j I 0, '''-.' , .'. ",~',,'" .. ;".:.;." '" ili''.lim/:, .' f:"r;'''' .'., .;..;_".~, 1 . .~ "'- ~': '~" . ,'. . i ,,~~~'~'t"1 ": , :. .',~'~.i' . " " .",:,.';.,'. "',, '. ,..... "., , ': ~ , . , . , ,_. '. '." " ,.'...".",...,..:::\.;..;,.,...,'.,., ..' ':...;;I:~:;...~.........;.._.~,..'...._.~_.."C__'~_.. '.: _' '__ _ ~,_~ ;,', .. .. -2- On this 3D day of November, 1994, the above checks were received by the Johnson County Sheriff's office. ROBERT CARPENTER ,..5 iff Johnson County, Iowa . ., ", . ..,' '~'"'' " .... ~ I IT (""\ \J .~ ',~~ r f' . I ' r. '! . . " ." . ". ,([71 '-",1"'_..: ~ ',' H' , .' ".-.....'... lL,~ ..0. " ",j )...'........'.,.. .~;.',- ..'~\~;;/:~,: . ~~1:t, .. '.'~""'"'''''''''''T''''''''' '.J t. " ~-.) I Q, ..... /2j~, ,............... ..( .-.co:.l , 1 \\ \,,' .~h ~'If " ~. , '; 'i I') :, I.: I') I.., I. \ II ' II I ill I II I I ! : I /')'1' I j ~\:.:1' " :"~.._... i:".'!!~..~.I"..... i;~'(t!)J\' i' iW\#Ji" II", .",- In the Matter of the Condemnation ) of Certain Rights in Land by the ) City of Iowa City, Iowa, for a ) Project Located in Johnson County, ) Iowa, Known as: The Iowa City ) Water Supply and Treatment ) Facilities Project; ) Washington Park Parcel ) Washington Park; S & G Materials, Phil Mattheis; Holly Hattheisjlvan Walker; TO:' Williams Brothers Pipeline, Company; Iowa City Broadcasting'Company, Inc.; Iowa Electric light & Power Company; Northwestern Bell Telephone Company, U.S. West Communications, Inc.; State of Iowa j Johnson County, Iowa Condemnees' Land & Consequential Total Atty. Fees Improvements Damages Award and Costs Loss of income $ 3.100.000.00 $150.000.00 $ $ $ $ $ $ $ $ $ $ $ $ f , I~ ~ ~ ~~1~l~ i ...... ~ > J ,,') D, i i .>- . '" , Ol\.\!,. " . ~ '~'I f" . , . "~:. , ....",.... ,.. '. ..... .'_".,u"'" '_'.._..~ ,." - " Johnson Coun~, Condemnation Form 8 . NOTICE OF APPRAISEMENT OF DAMAGES AND TIME FOR APPEAL Washin!1ton Park $;}.250.000.00 $ S & G 600.000.00 $70.00/acre 5,600.00 $300.000.00 $ 900.000.00 $ $ 5,600.00 $ 500.00 $ $ $ $ $-- $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Ivan Walker $ -------- $ $ $ $ $ $ $ $ $ $ You and each of you are hereby notified that the duly appointed and qualified commissioners assessed and appraised the damages sustained by reason of the condemnation as set out above, and that pursuant to the Code of Iowa, you may within thirty (30) days from the date of mailing this Notice, appeal to the District Court as by law provided. I, the undersigned, Sheriff of Johnson County, Iowa, hereby " " , . - , -0") :t~" - -" i !~ ~ " 1 !j ~ " ~. M ~ tl ~ I ,! "',~"::::.\ .' .~',., .".~.d /. . ,,....-,..-..... A,.. \0 ~ '''''r'. ..... ,., ,', I ' \: Ie I ~~ : ~ 1\: i j I ; I ! I I, I . I : >';' I [" i l I' /, ~l), \}.--:% , i'_:.:~'..l tJ . f'~: :".1,. ,,~,.. ,,, , ..."""'~ 1[' ~ ..; . :.': ~ ,; '. \ . :~! \\'1: . " , ., I.... , , '".' '.." "'-1 ;', ,-- , -~, ~ _:.,:1 .'.' ',', ....'7 ;',,'" . ',',' f'" . :~ .. . ""-,,. . ...~ ~.~:.~~..:... ~'~>""'~__._ ._..__ .-.~~~.~................._~~_.:-'-'~~,.........'--'...<-o~,~.:._.,~,~_~..~..~~ ,.., ...,_~,~~~.__._.~ .~, '_~M.~ _. M~.~. _~ __ _ _ . -2- endorse and certify that I have mailed by ordinary mail on this 30th day of November , 1994, a true copy of this Notice of ,Appraisement of Damages and Time for Appeal to ,the person whose ,. name and address appears above. DATED this 30th day of November , 1994. ~Sr Sheriff of Johnson, County, Iowa ". '..\ ~'1~ ........- ..d -- - ...-.... __:~'.,i...~:~-.)ir..""""-'-_.,.,~':\~-. ... T-" . ,I tc _ ,.l .:) , "J, -- - ';.', . " r: . ~ ~ I I , ) 0, .' JEZ~ ;,'1 ' "" . "'~t;.\I.. . ',.. ~ '"'' . .\ " . ,..'~ __....'\0" .. ... _. ._.._...__4......_., ... ___"....... '."'o_'..u. '~'~'_ ..,......... "" .... , . , ~~ CITY OF IOWA CITY December 2, 1994 S&G Materials, an Iowa General Partnership c/o William L. Meardon, Attorney Meardon, Sueppel, Downer & Hayes 122 S. Linn St. Iowa City, IA 52240 Re: Request to remove equipment; possible extension of time for removal of stockpiled sand and gravel Dear Bill: This letter shall serve as a request to S&G Materials, whose leasehold interest and other improvements were condemned November 29, 1994, and which condemnation assessed damages have been deposited with the Johnson County Sheriff as of November 30, 1994, to remove all equipment as follows: 1. With respect to equipment used for mining, please request S&G Materials to remove the mining equipment immediately, ( ,.. C'" 2. As provided in the condemnation notice, S&G should begin removal of stockpiled sand and gravel from the condemned land and leasehold area, and to begin doing so as soon as possible. In terms of removal of said stockpiled sand and gravel, the City realizes that your client, S&G Materials, will continue to need the screening equipment during the process of removing and transporting the stockpiled sand and gravel. However, once the screening operations are completed, or in the course of such operations, please remove all screening equipment as soon as reasonably feasible. \ ?;j ":'( I' I I I , , ' i We would request also that S&G Materials watch very closely so as to prevent or very closely minimize oil and gas leaks from equipment on the condemned leasehold area, and that you do so concerning not only S&G's equipment, but also S&G's customers, Finally, the City is open to negotiate an extension of the time for removal of the stockpiled sand and gravel, namely to extend the date beyond October 31, 1995. We realize that S&G Materials presently has less than one calendar year within which to complete removal of the stockpiled sand and gravel, and the City wishes to be reasonable about this time frame, . , , , : I . I I ~ II I : \ 1 ~ L 410 EAST WASIIINOTON STREET. IOWA CITY, IOWA l2240.11l6. (III) Ill.lOOO' FAX (lll) lll.)009 ~~1~ , I ') .e., ,-4 \,..~ .(-~-:-~ .-- =- -~- oj,:; --~- f" i , " , ~ ~ I~.; i' 110 I ' , ~ [1 ':"',-0-:1' ~ . i - . '. ., ~. '. . ~ ,.."". :': ';..~,~.:\.I.{,:.,... ;.-1 '. l~' , i d, ,:,,:1,.' ~I,:",',i',~ '1.., . I, -, ~ _'e ., f". ..,', i:.- . ..;',< ' ~., ". . . _~ _ .,_.~~\'~~;;:;i': .~>. '_ ~,~:~~___..:LJ~,::"',,":~O:I(L.(~'!~:;...~:iJ~~.~;~~'__~:~.":~'~C-:'.~-~'....~~..,-,.._-_~__._..:_~.._~ ,,----.~~ ~,,:, .- .. . ~... S&G Materials December 2, 1994 Page 2 Looking forward to hearing from you to confirm these understandings, I am Respectfully submitted, Linda wman Woito City Attorney cc: City Council City Clerk City Manager Assistant City Manager Chuck Schmadeke David Brown Sarah Holecek File '- Attachments l,g'n1trsls&gm'lIs.lw I " ( \ ,)j (" I I I , I I ~ [, l " m 1 c:~ ~' .~-- ,i" 0'- ~-?-:~ " ~"", ..... .,.],o"....,.",)}.,\" ..'" "', T " ~'1~ "'",,,,,..",._,.," .,,,. r'''' " to. ...1:.,...,) " I~ . ,I , to,. -....-... .~\...': ::." . " 'r"j. .> ',' ':'-':":":"';'. , ,,-,,;..r',{I: . ....1 ,-' ,; :"',-' " . 'i.' " '~ :. '"1.,. .\),:.;-"...;.~,...;..,_., "'" :~'~~~{~~~.~....~.'.~~_"':~~.~;_.;.~.~,..,-".-,~~,~.;..:~,;;..'~,...~.__;..~...__.::":_~~"~_-..c.~'"."_'.'_"._'_'H_' .____....; _.._____..__.... __._'.___~_:'.__: , ,., , . ". . , f" Johnson County, Iowa In the Matter of the Condemnation ) of Certain Rights in Land by the ) City of Iowa City, Iowa, for a ) project Located in,Johnson County, ) Iowa, Known as: The ,Iowa City ) . Water Supply and Treatment ) Facilities Project; ) Washington Park Parcel. ) DEPOSIT OF PAYMENT * * * * * * * * * * , , COMES NOW the condemner, City of Iowa City, Iowa, and hereby tenders the checks listed below in full satisfaction of the award .,.~- made by the Johnson County Compensation commission on November 29, 1994: Check No. ....< 316058 Payee Washington Park Partnership; Phil Mattheis; Molly Mattheis; Williams Brothers Pipeline Company; Iowa City Broadcasting Company, Inc,; Iowa Electric Light & Power Company; Northwestern Bell Telephone Company; and Johnson County, Iowa Amount I $3,250.000.00 316055 S & G Materials, an Iowa general partnership; and Johnson County, Iowa $ 900,000.00 .......-:. .( \\ \1 \ ~ I' : I I ~ 316056 Ivan Walker; Jay Honohan and Johnson County, Iowa $ 6,100.00 CITY OF IOWA CITY, IOWA I , II If; ~.'" \tlj , /,J I L_~ Brown , ATTORNEY FOR CONDEMNER CITY OF IOWA CITY, IOWA ;., ~'13 r_0~_=_ :"" ,..., - , ',,- .~-~~--= ,,' -.0(.,[ :l.."'.:,:.>.,'" '. ";"',' u<}~l.';:,' . . ': 1.},,1.;'.'.""" . "'\"'" '." c. '" \Q. \.,1 ,10, ",' , .,,',' .:. ,'. '. - ',;,",'.::"~r\\'!.\,_. .. . . ~~ ,- '. ~ f" I' . " ,C.' ,,:..._..____'':__'~:~'~ :.~-.:i~~"j~:.;<;.:.. " ..,~: .-:.~~,......:.H.._L.~,.::..LL,_I....~t~L__._.;.;,~~_~..~~:~~..~.,.~.~......,.u,...'..~~,__..'-....._...'__,,,:.,,._<.,,u,,........_,.:__..~,_ :: .._..~_~.:..... ..L -2- On this 3c day of November, 1994, the abQve checks were received by the Johnson County Sheriff's office. ROBERT CARPENTER ~ iff Johnson County, Iowa -- '. I~ ( ('" \ .. .I' ~ e::..f,. I I I , I I I i I tt:. I .' : I, J ~.~',." fir '" '" .1' . ". '. ,~-en-,--~,_.. .~ . , ." , - -')-,- ""'0,", ',"',:''', .,', ).,H'~ ,'. '-' ~.:.\'\\:':' .', '. ." ":'J';':.,:::'.. ~91~ , ..'""...., " ,..','.... '" r""' :/5 I[J< ~'13 I .r. .'J , , ,E~;',ill'j .. '\, "1'.\1" ~ 'i , . .. , '-- .",. .. ,_ '_'_."'..- .,~. ..fi....,._._.......u...... ....." ... Johnson Coun~, Condemnation Form 8 In the Matter of the Condemnation ) of Certain Rights in Land by the ) City of Iowa city, Iowa, for a ) Project Located in Johnson County, ) Iowa, Known as: The Iowa City ) Water Supply and Treatment ) Facilities Project; ) Washington Park Parcel ) Washington Park; S & G Materials, Phil Mattheis; Molly Mattheis; Ivan Walker; TO: Williams,Brothers Pipeline Company; Iowa City Broadcasting ,Company, Inc_; Iowa Electric Light & Power Company; Northwestern Bell Telephone Company, U.S. West Communications, Inc.; State of Iowa; Johnson County, Iowa Condemnees' Land & Consequential Total Atty. Fees Improvements Damages Award and Costs Loss of income $ 3.100.000.00 $150,000.00 NOTICE OF APPRAISEMENT OF DAMAGES AND TIME FOR APPEAL WashinQton Park ~,250.000.00 $ 1 ( \ ,1-1 , i : I } I I S & G $ 600.000.00 $300,000.00 $ 900.000.00 $ $70.00/acre -------- 5,600.00 $ 500.00 Ivan Walker $ 5.600.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ , i , r : I':, I, : I ,I 1 You and each of you are hereby notified that the duly appointed and qualified commissioners assessed and appraised the damages sustained by reason of the condemnation as set out above, and that pursuant to the Code of Iowa, you may within thirty (30) days from the date of mailing this Notice, appeal to the District Court as by law provided. I, the undersigned, Sheriff of Johnson County, Iowa, hereby \,(1" ft, ~,~,~, 1\'1.... '. t', ',' Co ~"..~~._~ .. ..- " '~.~ 0 ~_.J~ . ._~_ 1"1~ - ...... , f" .. " f (11; iil r~", f ~ ~ ~ 1:1 ,~ ~ ~ ~ '. 10, ,.'" , ~-,: " ".-. ~~ . : .', 'V:l- ' . -: .....l. ", . . ,::>~.t:'~'!'i, ".' ,r, , .,'J. ..... ~ " i , ' -. f" " . ;)-:. ,...'-.".,:....;.,..,....-... . ~ ... ..~___:. .... _.~, __.._.:.: ~._,~ ~~, ..~:y..::..~'.::;~;'S.:.-.::_._.:. ~.....:;..,_.....:.;:.:..L.:.:.:..__.......~.. .........~'..::......::~___: ;;_:.._ ~..:._ :..-~_~__.:...;.__.,. .._.~..__ . .. __._...__. _____~d...:......__~___..._____.._~'"_._ __~" . 1 . -2- endorse and certify that I have mailed by ordinary mail on this 30th day of November , 1994, a true copy of this Notice of Appraisement of Damages and Time for Appeal to the person whose name and address appears above. DA'l'ED this 30th day of November , ,1994. ~RS.+ Sheriff of Johnson County, Iowa A ~ I .J ( \ ,I Ji fr_ ( r , I I I I I ~ Ii \, l ~j ., "(~\r,' ,,, ""\ ~~1~ ,\(~ '0. . ~-':;.- _: ~ .~- TK > . ."Pi . . . I .... '. '. " , " - ,,','::, :'. (,",.-,' ..."0,,.,))>\. .. ,I .. ._ _n, _" ..,,~ .' ~_..^..~ ...,....__,._..._.. j" "15 l !i.. ,.~. \ .lL], '-":,-;,C.' ',;,' imilll' ~. ,.... ..' 1,., .f r- \ ~ , ' ~ , I I i ! I I f:~ I' i l j ij.~"'"'"IJ"""',,,,,',," ~'~ " ir , , (- \, ,,~_O ~ ~'1 Lt :'-";".'r:f:~ I,.oi", :t., ..... " .' ,,, :":'\:", ,,', ",.t\\'I' ,. ... ' .. " ~:. ," , " , " " ,"';':" . . ..' . -. . , '.' -. . . _...._~. '._____.......:..i.,:..;_~L~..:~...:_.......;;~~.........;:~~~'.~.~"......~...d~~~::.:.:.~__c.._..:..,.._ .._' n... ~,_'~". ___:~__ __un. . Johnson County, Iowa In the Matter of the Condemnation ) of Certain Rights in Land by the ) City of Iowa City,: ,Iowa, for a ) Project Located in, Johnson County, ) Iowa, Known as: The Iowa City ) Water Supply and Treatment ) Facilities Project; ) James Glasgow Parcel. ) DEPOSIT OF PAYMENT * * * * * * * * * * COMES NOW the condemner, City of Iowa City, Iowa, and hereby tenders the check listed below in full satisfaction of the award made by the Johnson County Compensation Commission on November 29, 1994: Check No. Pavee Amount 316057 James Patrick Glasgow; Hills Bank and Trust Company; and Johnson County, Iowa $ 240,000.00 CITY OF IOWA CITY, IOWA ATTORNEY FOR CONDEMNER CITY OF IOWA CITY, IOWA On this ~ day of November, 1994, the above check was received by the Johnson County Sheriff's office. Iowa 5} ,).. 1",... ,)" ",~-::~'''''::', ",,0' " ":,'"" . ,.' '.'-','. , ~~ ' ,.:~.':' ':'::::,.,>~:, ~ - , , ,f" '.' " " .----~-_._..,',., r ,I .." "O";':':}~ . :mWm':: ',/,/ .; r.' I " , I I f"': " .' I 1 I '1 Johnson County, Iowa In the Matter of the Condemnation ) of Certain Rights in Land by the ) City of Iowa City, Iowa, for a ) Project Located in'Johnson County, ) Iowa, Known as: The ,Iowa City ) Water Supply and Treatment ) Facilities Project; ) Washington Park Parcel. ) ,I DEPOSIT OF PAYMENT ********** COMES NOW the condemner, City of Iowa City, Iowa, and hereby tenders the checks listed below in full satisfaction of the award made by the Johnson County Compensation commission on November "" . ;'" ~ i '. 29, 1994: Check No. Payee Amount I 316058 Washington Park Partnership; , Phil Mattheis; Molly Mattheis; Williams Brothers pipeline Company; Iowa City Broadcasting Company, Inc.; Iowa Electric Light & Power Company; Northwestern Bell Telephone Company; and Johnson County, Iowa $3,250.000.00 i ," ;; :: 316055 S & G Materials, an Iowa general partnership; and Johnson County, Iowa $ 900.000.00 r,T .;, . :'1 .',' ;.....,\:,:'; r~ .'. ~:: ~; >" I,.... f'.-;" I.. , ' I:; \:1,.,.. . ... ~ :.: I' Ii 316056 Ivan Walker; Jay Honohan and Johnson County, Iowa $ 6,100.00 .t..., CITY OF IOWA CITY, IOWA ~, I I',,' I . ! .1' . I' ~~j , By: D H Brown Br Bu 1 . ng 120~ East ashington Street Iowa City, Iowa 52240 (319) :337-9606 ATTORNEY FOR CONDEMNER CITY OF IOWA CITY, IOWA "".'..... ~'1~ ' ,',.,.,.". ....~,.'" , ".;,. , . . : .,..T__...i,', \:.'o,J~;~;r;:ui:':'"i"';':-':' ',' ':(;:'T;.'~":""'I'''''''''''~~''':'''I'':, """ ....~'(..-.. . :~~ fl," ru \, . ct. .t: ;- - .. ,. ,,' '., "'. ,..'/: liEfui\ _ .I ,:,..;~ .' .~ , . , , "\i"' . :;:",~W:", -, . .', '..~ ,/'.' ',' " '. , , ~ :,: .- '.', . . , ' "\"::':-"::'::'~"~':"~'_~' _.~,___"n__ :-:.:;...,. ;, '. :.:-_.....-~.:',~....:..;.;{-t~.:.r.,..~""....,lw.o...."..~~,':..;.i.;.;~~~~~:;.:;r.:~;i..;~~l\..,,,,,~iL.:::.~_:..:_._.;..;_.~...:.:..~..;,_.._.;...:....__.;..:.._.." ....;.n'.._...M.~_~.._~__. ",'" ....-..-.-....-..-.:---.. . .~. ' . ~ ,I -2- On this ~d day of November, 1994, the above checks were received by the Johnson County Sheriff's office. ROBERT CARPENTER iff .Johnson County, Iowa , r:: r: C",,\ l ~, ((" I ' tl. " i I , I I I r., I'" I , 1 ( ~"'. - o '. .. ," ". - , \ ,Y. ' , " . . J."''',,''........'..''''''.. , '." , ,'" ." . . 'j". ..' :.'. "'''., . .-, :", '..' . _ "i' . """':;<~O,,'i~" ",;i,"i, _ ;" J' ':: ," ':' '. ... ..'~;~\: <\ " ',y.,...';~',';'..,.,. ~11~ ,,,,,,..,,,,,... 1M' ./ 5' ." .0/ ." . ., JF:.rZ:l'i" " ! " . . ""\0' _'1\.\<, " . 4'.,.. " " .,,1 1 " "., f" . . '.,,'. " . .. ". ._. ~,__., ..;. ...... ...;.,.. _~~...:_:.,.,. "_.' c.,. ",.~_._,~..;. ~,.~..",.,~..".~;. .,_, .~..,_.~,.,,~.:"_:_~..;.._._...__m;_.~._.:'.~_n__'.~,., ....,..-.;..-...- City of Iowa City MEMORANDUM Date: December 4, 1994 To: City Council From: City Manager / Re: Water and Wastewater Projects " Given the intensity of the debate and discussion involving the construction of new water supply and treatment facilities, I asked our staff to review, within the limited time available, how we might ~ provide a workable construction option. while not intentionally delaying our obligations to the state and federal government with respect to water and wastewater improvements. Please recognize that I cannot provide all details in this memorandum and hopefully at your informal work session on Tuesday, December 6, I can present to you this option in more detail. However, the following represents in summary fashion a revised construction and fhiancing schedule that may provide I an opportunity to stretch out our financing and construction if you would so choose. ....~ I, ~:' .' ., [~\ \, ~ ".' , I_a'. . (,:--,\ " , , ' , , r " Our wastewater project requires issuance of a federal permit to discharge into the Iowa River. This permit spells out in detail our obligations with respect to the wastewater effluent that is to be discharged and the schedule of construction activ.ities that must take place to assure compliance with the discharge of effluent. We believe that the Council has no realistic option with respect to compliance with the federal permit and would risk court sanctions as well as adverse public opinion if we deliberately failed our local obligation to fulfill requirements of the Clean Water Act. The following information assumes the Council would continue to pursue the necessary rate adjustments and construction schedule for wastewater treatment and fulfillment of new ammonia standards. .j' : I I~ I I I I! : I : I , I ; I . i i r.. i : I J ,,,\,,"": ~"'''' ", ~'" i' The enforcement of water treatment regulations, while similar to that of wastewater, is different enough in timing that some City discretion may be available. The amount of discretion and how you pursue fulfillment of the Safe Drinking Water laws will ultimately rest with the enforcement agencies of the EPA and DNA. "...1.....'. ;~~ . ,- .~, q f.1" ,.-....., -It ~~.~.._..'-m ,~ .- " " ... '~~~- -1',\' ~~1S- I '. a' ,:;S' uO, '~~1S- I . /s ., -l_ , ,'", " ". 'i) . . .~\ \ \' . '.. '1 ;~l:r'i,' ,~ '" . " . '. ~, , '-~ . ; ...,. "'~...~~; ,.,:.:... ,....... -, ~ -~.. ....~.;..; :......, .,.--. ~ ~"-'.' -,..: !'....".,:.........;~~._......._..-..~,..~,,--,,',~;., ,.-:: ~..~....~:,.. " -.- ~.._. "_,,".,,, ---.,.-.. .-... ,,-__,,_ ~._ _~... A . - 2 - " In that we now control the site for the proposed water treatment plant, our project planning can proceed, As you are aware, that site and property located along the Peninsula are the source of our water supply. The north 1-80 site will also serve as the treatment facility. I requested the Department of Public Works to divide the water project into the various construction elements. These would include: silurian wells, collector wells, sludge lagoons, new water mains, finished water mains, treatment plant, etc, This was done in order to determine whether the project might be constructed in phases and thereby the City's financial obligations could be spread over a longer period of time, making one major assumption; that our current treatment facility can continue to provide reasonable fulfillment of federal water quality standards. When you review the attached schedule and the pros/cons of a protracted schedule for the projects, you will need to note that it is likely we will not completely fulfill those standards and "boil water" orders and other public notice of water quality may be necessary. The law is clear that when the water does not meet federal standards, we must notifv the public in a timelv fashion. Penalties for failure to notify are identified in the law, Also attached to this memorandum is an outline of a proposed water rate schedule and construction schedule that would allow us, in my judgment, to fulfill the obligations of the state and federal government, although, at some risk, The extent of the risk is not completely known. ,~~ \" ,. .' ,\\, .'1 ~ r-'f'r'",,{; \ i : , i . , I~ : , , I If the Council were to accept the change in rate schedule as outlined, we would spread borrowing over a longer period of time and construct the water project in phases. I would suggest that the early phase be the construction of the water source/supply, that is, the various wells on the site and associated distribution systems. This would allow us to have water production capability as well as take advantage, although on a limited scale, of the new water sources. The existing plant, which is designed to clean Iowa River water may need to be further modified with chemical additives in order to treat the water. Additionally, the distribution system may need modification, , II I , I , , i ~ I I I l'l', II'" i 1 ' , I ~~ ~;;7' l If this is an acceptable option, and the pros and cons I believe are clear, we would also be presented with a far better and easier construction schedule. As I had Indicated in an earlier memorandum, I was concerned about the magnitude of two major utility construction projects occurring simultaneously, The original plan had been to have water projects constructed in the 'I" 'II', . ,.,i. -. ~t C. - ,.,....,. :, 0 .. ". __....._____..___M_ -- ~-- ,-. ,. _.' .... ',' .0 . - ) \', .' , .. 'I.;' :. . ,.:.\',-' --- f" , I " , lIt _ -A,;'"~,." . . r ,~~\':~'~' ';1":", " "~..:- ,~, , .r r \ ~ ~,~ r i I, , ir , I , I , I II I r~ U.j .~. '~p, "',1 . ,",r I.' i"": ,}, II ~l ~' ':' (' .,<...0 <- ':'~:-;":. ,::~",: :-.)~ ::.\ ~" 'i ~'. " , ' . :"~!' . " ,:-...,.. l " I I f" ~..-..,~~....;..,...-_.;....._--::.......- -_.'._..,-~. ,'-I ~~r,S' I""" ') c.' 1: ,\4. ...J - 3 . 1990s and the new sewer project in the year 2000 and beyond. However, that timetable was changed by the federal government. It now placed us in a position of these two major projects occurring simultaneously. This construction schedule and financing (please remember these are rough estimates) are not without risk, Our early recommendations were to complete all the projects as soon as possible. This revised schedule would provide the community with some early utility rate relief, although, the same amount of monies must be raised, only over a longer period of time. Before we are to proceed to prepare the details of this option, I wanted to secure your interest. This will require complete rethinking of our financing plan as well as staging of construction. We believe that the HR Green design contract should be completed and that following the value engineering proposal, we would then have available to us a complete set of water treatment and source/supply designs. If the existing water treatment plant were to fail or be subject to some other catastrophe (e,g. flood), we could proceed with construction. If the federal government were to change regulations, as they did on wastewater, we would also be able to proceed. Hopefully, this option will provide you with an opportunity to consider these utility improvements over a longer period, keeping in mind that ultimately they must be constructed in order for the City to achieve full compliance with respect to the quality of water and the quality of effluent treatment we are expected to provide, ~I..g~'" ..rsw_~ ,'" _\h', --:!r,;.~L )',:.,:::,"} ",' ,} i , "'1 "'. I @ ':.f 10, '" <::;:'3r:' {, Ali.~V: , ..s',....- , ' "':-' -, '\<./'~":' /,' . "t\\',,; .' ~ '" ~ . "'" f", : ' i :. .\ ~ . "..'..-. .,i'; . , . ..' , " ~., ';'.:;;,(,..,.:.~~'~.~_ .~.: ~_~""~ ...:'~~~;~~~ _~~~'~':-'''~.'~~::~~r"....~,'~,~~~.~;~'~~~~.L.~~.:.."L~;.iL;:;i;~-;,;'~~_i~~~~_~~..~..,_...-,...,,_.___~_____'~_._'__,_~~.~-~_::_~~. A. .. .'~.. !:. " / 3/95 ..; .4. Construction/Financing Schedule Water Supply and Treatment Wastewater Improvements 40% water rate increase 35% sewer rate increase 10/95 Estimated start of sewer construction (30 mos.) Estimated start of construction for selected water projects (phased) 3/96 " -- '. 3/97 3/98 15% water rate increase 40% sewer rate increase Initiate borrowing (bond sale) for sewer projects. $41,000,000 Initiate borrowing for selected water projects. $? (Schedule to be determined.) 15% water rate increase 20% water rate increase 10% sewer rate increase 4/98 Complete sewer project lr;: , ,,'/ \( ~ ,~ r..'"'" ! ' I I ~ fl I .. I 10/98 3/99 3/00 4/01 I i I II II 1\ , ' ,,( 0 Start construction of water treatment plant (30 mos,) 20% water rate increase 15% water rate increase 5% sewer rate increase Complete water projects. treatment plant. phased projects. "J', i'. ...:.... ... ~.. .~... j...........).'...'.";;...""';.."....,;,.. .: ..' .....'. ..' .- :'.' '....' :..'" '.' ".':" '. .'. .':......... . ....., '.' <'.,:.",/.'0" i;':., . I .' ,: ',' ".: ',':, . '.';:".';.', "<'.'~"-. .',' ._,:,)):;-,"",',' . ';l'1S ,-.",,, ,....,,~..-....... . '.'j,:" '. ..' f" '.;, ,., '\ . I i , " .. II., . i r"" .jf.' ~~ , ,~'- i~ ~': B ' : . O~ " .1(. ...' ..,....~.'.. ,'. !~ : .~.li'~TJ::" . '.'; "~I ,_, "'!:i~\;, '."'. . I Ii: '. I i'" , , , ....., . . f" ~ " ". ., ,.......: ,~:__>..~'.:" .._~_,~"._; h,:j;:~~~:~:,,'~L,_, ...;;;.,___,.,i: ..:.:~..:;.:..,:..:...,,,~~...,,,,;.~=...,,_~-:;_~,-~,.--",_...:-,:~~.~S_;~.;..__h._.___ __....'..~_h~_._ -"._.~._._._.-..~." ....._.A_._._'_"; , .\ .5. PROS CONS 1, Easier construction schedule 1. Our existing plant will remain vulnerable to flood; inadequate security; its location in a congested area; its age/physical condition. 2. Spread borrowing over several years . sustain bond credit rating, 3. Lower water rates, spread over years. Allows more time for adjustment. 2. Cost of the overall project, its various components will likely increase with inflation. 5. Inflation will allow greater interest income. 3, Increase potential for "boil water" orders to the public as regulations become more stringent. Adverse public reaction. 4. May get University involved. 6. Federal government could change regulations. positively or negatively. 4. Increase liability for claims of water related illness. 7. Changes in bond markets . positively. 5. Crisis management process for water treatment. @ 6. Changes in bond markets - negative, 7. Investment in old plant and facilities, may be "throwaway". (! " 8. Federal government may change regulations - positively or negatively, ,I' ;;! '.r" I I I i mgr\wateropt,mmo , I I i I 1'1 ~ ~ (~l ~'1S ., ...~__~1-- \ .'., ,'~o,,'i,j};;"';;,'O:;'. "-",',,.......,.,': .. 'I.',' DO ,.~ 5 . 8.', "e. 0 M-- ...,' .. ~ " ~~i: c' r-l'-, .\,,', , ;-~\, \,~ I, " .- ..:. '. ,'... . '. ',:..". ~ -. f" " """," .' J.-.._~... :"',.,,' ...n......'..., hd"'_"'; ." ....,...' .,'.:._.....:....;, " To: IOWA CITY CLERK From: Jim Havercamp 12-5-94 B:46am p, 2 of 2 Johnson Count~' BOARD OF SUPERVISORS Stephen P. Lacina, Chairperson Joe Bolkcom Charles D. DullY Patricia A. Meade Don Sehr Agenda \.0 - 1:" 0 0 "f'j <Ci ~ ....- C") )>~ ..,- ~..< I r"" U1 - . .,- rlr~ -I'" ..(, :po ;:E: " "[01 Gj -",' o~ 1.0 .",' or<'..-' .. ...::: 0 :P '.0 December 6, 1994 INFORMAL MEETING 1. Call to order 9:00 a.m. 2. Review of the informal and formal minutes ofDecember 1st. 3. Business from Ed Moreno, Assistant Superintendent for Waste Division and Carol Sweeting, Public Information/Education Coordinator for Iowa City re: Iowa City Water/Water Treatment Plant update/discussion. o 4. Business from the County Engineer. ( ,.~ C~' \ ~ 'i (~ , ' ~ a) Discussion re: petition for stop sign at Angle Road and Cosgrove Road, b) Discussion re: stop sign request at intersection of 350th Street and Johnson/Cedar Road. c) Discussion re: brush control. d) Other ~ 5. Business from the Board of Supervisors. I , I If I ., I a) Discussion re: appointments to the various boards and commissions. b) Reports c) Other '-lit 6. Discussion from the IlOblic. ~ ~.~ ":1:: (I:' (. . ! (~:~,r' 7. Recess. 913 SOlITH DUBUQUE ST, P,O,llOX 1350 IOWA CITY, lOW A 52244-1350 TEl,: (319) 356.6000 FAX: (319) 356,:' 1 ~ - . '--, "W '. ~. o~)" . ,;'., T a /5' U d. ":';,;" !'. .' J1:~~;, ~; " '. .~..., , . ...,.-:~~..,....:.... .u.. . .....~ l: (!;o\ \J. , :':\ m I i ~ ! , I I I i I . , I I I I, I' ib I"" I ,I I \ I J ~~ \.'I~ii .~, ;1\ f:f' f1 '~",. -~ , , .. \. Iowa City Water Treatment Facility ALTERNATIVE SITE PLAN N (Y) ;;r: .. ~~:::~ o'!'J~c 0') ~~;.: ~a RJ: 1 :E: ltJ- \.10.:.')' "'" ~>= f; '~jl- N - rt1:...." .r.w <= I E&, U ~=<( w (.)?g; Cl 0 ..:t en JIM GLASGOW CONSTRUCTION COMPANY, INC. o .' , ":~~'> , .'~' 1 '.', , . "",, ".'1\':" ....-.. ' , ' ", . ..... . ,.' " .~. " , ) " J.. ..._..c.,_..,;'.'~:~'- h.-....~".,........".'.Jk......'.....,_.."',.".,"'."....,,~..c ..'...:..o~\""<''';~'"''''''''''''.''H..._._,__..'......._. ' , ~'_'.~........:...________..._,,~, _.". _".. ",_,.',.'.' .__.". ....,.,'_..,.,'_,.........,....,...:_..-'-.. ",..',;'-"',Cf~" ,.,<-~:,..~~.,_..._.._ ..'" ..l~ IOWA CITY WATER PLANT AND THEME PARK. 'FEATURING- : SKATEBOARD PARK G-OLF COURSE" Sr<ATIMG- R,tN K 80ATRAt\-\V . VIS llORS CENTe~ NAT01'Zt:: "PARI< sell L'PTURE: GA'RPE"N DoG-SLeD \RAIL A17MISSIOI\l: YOVR 1M MONl:':'( , , r1-16WAY : \,1, 1'0 -r( IowA CI , ~ ~Jd=-._- \.----,-,--,._._-, .............. , .. ~ .. --..-....----..-.---.-....... ,. : :i,- .. , 1'b!l.Ic.r; Iqlj- , 'i Q11..,...--.-..., "'... -",'-"~""l-. -- , '. ""'.."'.'.'..., "..""'. ,',...., , . I' . '1"[" ,.:'.,....,. .... 25X ."". ': '. '.'.,/ .,'., " .. -,...'. .. .-,.. I'. .... . -\' ...~ -~;._._~.:.::..__.__._~---,-_..._...,..-- ._,.__......~.,..........__...._--,,----_.._.-..._-_.._._,....- ..'...., .. . ;.r,:~.5.": '1..'0.': .. .,.,... . ;.. ',,., ..'..r32..X...I.:(j'...-.'.'..'..:..'.'....,' .. , .,:;.'., ,t ., -,'.. .', /. .:?%~': '-"'''''''. r .:~ (-'1 '\ \. ,~ ('?'~ , " ! , I' I I Ii 1'6') II";': I . , ~ "'I'.' ".' ., ~I ,~,. :"r' ','.-, . t'i ..:,:; c~ .... ~~1~ I/S' .10.: !' t.-i" ..\t.... . . ,,','.\1:; '~ . ,; .. '. ~ . '>..... , ""'." . ._~.. ... ._......:. .,..' _..> _.._~,"~"~ -":';'~~'~:"'___"~_'_'__w__~, ...--,~.~..~~~;w ~_'''''''''''''L''~'''''u,,~~:,:_,_,,''-:''-__._,_.: ___~::__.:..._....... ..... "....,' -"---,,-,,,-'--'.'-'-'."-"_.'-"'--'~--~-- -.- .- City of Iowa City MEMORANDUM Date: December 6, 1994 To: Honorable Mayor Susan M. Horowitz and Members of the City Council; Stephen J, Atkins, City Manger From: Linda Newman Woito, City Attorney Re: Defamation Law and Constitutional Limitations I have been asked whether the City, or Steve Atkins personally, can sue citizens for statements made which challenge the credibility ofthe City's orthe staff member's positions, I believe this would be a "reach" under defamation law, as circumscribed by constitutional law. By way of explanation, I quote my Law Review article published in 1979: "At common law, only false statements were actionable and falsity was presumed. Defendants carried the burden of proving truth in order to successfully defend. Since New York Times held that only calculated falsity was actionable, the Supreme Court effectively removed this onerous burden from defendants, Indeed, New York Times imposed on public official plaintiffs in defamation suits the burden of showinll with convincinll clarity that the defendant had knowledQe of the falsity of the statements or that the defendant acted with reckless disreQard of their falsity. " Privacy disclosure torts and the first amendment: should the community decide news worthiness? L, Woito a'[1d P. McNulty, 64 IOWA L. REV. 185, 204 (1979). This means that the City or Steve Atkins would have to prove that any citizen's claims about factual statements were made with "calculated falsity." Moreover, constitutional law recognizes that statements made on matters of "public concern" or discussions of "events of legitimate concern to the public" should be discussed in an atmosphere of a "free flow of ideas," based on the fear of censorship which was brought to this country by our forebears. Moreover, statements of "opinion" do not necessarily fall within the parameters of defamation claims. For this reason, defamation focuses on statements of fact made with calculated falsity - not statements of opinion, I hope this is helpful to you, but please do not hesitate to contact me if you have any questions, cc: City Clerk Assistant City Manager IOOBMo'Bmlow,Inw .. ~.- ......__', 0 ,,)'.'.,.,.:' ,'. .,'" .'i"\ , ., , - '," f" " ~ ~. ~ I " fi =".. .1l..'l.:I'Ji':"~. "'I ~ , '. . :~;\', , '. '., '.. ~ ., ,.' .' . . .,~. ~ ~_ .",_-, '"~"" __ ". ..'. ,._'.,,~.'. "_,,'..h.~.. ~ ,.....'... ..,' _~"....~,...,.. "0' ,_~'. "-"_ .._ " ..--,... ~ City of Iowa City MEMORANDUM Date: December 6, 1994 To: The Honorable Mayor Susan M. Horowitz an;!1~mbers of the City Council Linda Newman Woito, ~ Pat ~Fisher, Assistant City Attorney From: Re: Potential penalties for failure to comply with the Safe Drinking Water Act and the Clean Water Act. .I Generally, the responsibility for enforcing the Safe Drinking Water Act and the Clean Water Act has been placed with the States. However, the federal authorities may enforce these laws in the event a state fails to do so. Safe DrinkinQ Water Act: Penalties I The Safe Drinking Water Act provides for various civil penalties including a penalty of up to $25,000 for each day a violation occurs for failure to comply with the requirements of the Act. In addition, this law requires each owner or operator of a public water system to notify the persons served by the system of certain performance failures. Any person violating the notification requirements is subject to a civil penalty of not to exceed $25,000, Lastly, the Safe Drinking Water Act provides a person shall be liable to the United States for a civil penalty of not more than $25,000 per day of violation if that person fails to comply with an order of the Administrator. Clean Water Act: Penalties ,..-:-.., J. _,~A (\ 'i \ ' .~ ..--(- II ': t" ' I I ill! ! ! I i i I , t1 I : i"': I i I" I : l ! ~".-:/ . .( j, The Clean Water Act provides for both civil and criminal penalties for violations of certain sections of the law. The criminal punishment for a person violating such sections ranges from a fine of $2,500 to $25,000 per day of violation or one (1) year imprisonment, or both, to a fine of $250,000 or fifteen (15) years imprisonment, or both, The punishment depends upon the actor's culpability or "fault." The maximum punishments increase with second convictions for the same violation. The heaviest punishments arise from situations where, by reason of the violation, a person is placed in imminent danger of death or serious injury. The Clean Water Act also allows for punishment by a fine of not more than $10,000, or by imprisonment for not more than 2 years or both, for ImowinQlv makinQ a false statement or certification in any document filed or required to be maintained under the Act. This punishment is doubled for a second conviction, Finally, the Clean Water Act provides for a civil penalty not to exceed $25,000 per day for each violation, '. The Clean Water Act defines a person to be "an individual, corporation, partnership, association, State, municipality, commission, or political subdivision of a State, or any interstate body." 33 U.S,C, 1362(5), Thus, Iowa City, its staff and its officials are covered by these laws. .i~";I: _~1: "f f,V~...,~;,... lil\~" L_~~ ,\ I C >. 0 " l"',Iif _.~ - .' .~)i,' " ..'~9'~.. '. r ,I ....., .c.. ..." 10 " ;l~J.a:.:~ '.', .t r , \ \ .~ '/..(""! , r : I .1" : I , I i : : ~. i !'" .1 ',\ l :i~.. ~'; " . ~t ~.. , .:~t:.\'i . , , 'i.' .> . ,. , 1 , ., ....,,,,...,,-,'.....-,,,,-'.;,,.'...',..;.,J,.;...',...\ 'en ,:,.'-.,.,_"...'.,C,'...C,,","""",',.,_',..' . 2 . State law Provides Similar Penalties Section 4558,191(2), Code of Iowa (19931 essentially tracks the penalties provided by the Clean Water Act. Each day of water plant operation, in violation of the rules and regulations, constitutes a separate offense, ~455B.224, Code. We will provide copies of the various Acts and statutes outlined above, at your request. Discussion with ,the State Environmental Enforcement On December 5, 1994, Pat spoke with Richard Searl, the investigator for the Attorney General's Environmental Crime Team. Area Prosecutor Doug Marek is currently the attorney/prosecutor for the team. The following information was given to Pat by Mr. Searl because Mr. Marek was not available at that time. 1. Currently the Environmental Crime Team has only prosecuted one municipality and its officials. In that case the City of Winterset intentionally pumped sewage out of the wastewater system into the streets, in order to dispose of the sewage by the storm-water drainage system. In addition to the intentional act of creating the pumping system, Winterset officials took steps to purposefully "cover-up" the pumping system. The District Court entered a civil judgment including $20,000 penalty against the City, see attached. The City of Winterset and the City staff and officials were also charged with criminal offenses to which they pled guilty, see attached. 2. During a DNR inspection of the Muscatine sanitary sewer system, a diversion of that system was found and an investigation was conducted about the matter, The investigation determined the diversion was created approximately 50 years ago, and none of the current City officials had any knowledge of the diversion. Also, once the City became aware of the diversion, the City corrected the problem. The Environmental Crime Team feels the problem was corrected, and no charges will be filed in this matter, 3, At this point in time the Environmental Crime Team ,is only investigating the most egregious violations of the Safe Drinking Water Act and the Clean Water Act which involve flagrant or intentional disregard of the Acts' requirements. One area that the Environmental Crime Team takes very seriously is the intentional falsifying of information in reports required by the various Acts. 4. Generally, the Iowa Department of Natural Resources (DNR) is handling the regulatory work involved with ensuring compliance with the Safe Drinking Water Act and the Clean Water Act: Usually if the DNR determines that a "noncompliance" exists, the DNR will notify the city involved by sending a written warning, If the problem remains uncorrected, administrative action will be started and an administrative order issued which requires the city to correct the problem. If a city fails to comply with the administrative order, the case is transferred to the civil environmental division of the Attorney General's Office for the imposition of civil penalties and injunctions. ~17 ~ :c_,Q ""- rr~ '. -- 0),. f" '. , I' f1 ~ I ~, f: , to l [ i: i: r f~ 'l ~J i,l ~ " ~, ~ ~ :0 i I~ ! .'l t~ l:1 ~I n 1'\ ~ I · ~ ' Jd:, ' ,0 <l ~.J , ,I' ;)" ~ I ;~ , " ~, . ;;:.:.\~'1' , I ~ . ':tlj'! ',": I , ., . ':".~'- :.-.. .' ~.'.._' ':'" ........' ,",",u'", '"_,, ::....-..... ,::.... .3- 5. Two contact people with respect to the imposition of penalties are: A. Mike Murphy, a DNR staff attorney at 515-281-8973 B. Dave Sheridan, an Assis"tanf Attorriey General in the civil environmental law division at 515-281-5351. Pat was finally able to speak with Mike Murphy on December 5, 1994. He indicated that currently the EPA has deemed Iowa's enforcement regulations adequate, and that the EPA will not become involved in enforcement. However, the EPA has seriously threatened to take over enforcement of the drinking water standards if the State has failed to provide adequate funding for enforcement. Currently, the EPA feels the Iowa State Legislature has provided adequate funding, but that issue may be revisited in the future. Mr, Murphy reported he has recently received several calls from Iowa City residents questioning whether the City is correctly portraying the DNR's enforcement regime regarding penalties for noncompliance. He stated he is telling those individuals that no enforcement penalties are currently pending or being contemplated against the City of Iowa City, and that the DNR is committed to cooperating with municipalities to find solutions to compliance problems. He is also telling these individuals that it would be highly unusual for penalties to be imposed against a City, when that City is attempting to comply with the various clean water regulations. * * * * Summarv ,r C-'"\ \ \, \~ ,~ ',.(~ , I' 1 . I" . I I I I i As you can see from the attached court cases, which include both criminal and civil sanctions, Iowa City's failure to comply with the various requirements of the Safe Drinking Water Act and the Clean Water Act could result in future penalties, both criminal and civil, against the City of Iowa City, as well as against its officials, In the Winterset criminal case, the three named individuals were the City Engineer, the City Administrator and the former Mayor. Criminal Sanctions totalled $110.000, plus escrow in the amount of $100,00 for DNR- approved upgrades. Even in light of these Winterset cases, it would appear a showing of "good faith efforts" to comply with the regulations of the Acts should go a long way toward insulating the City and its staff from both criminal and civil sanctions. However, there are no guarantees in this legal assessment herein. If a regulatory authority finds the City in "non-compliance", the City must receive some prior notification - but we cannot predict what notice we might receive, or any possible "deadlines" that might ge imposed on. I i , , ! Please contact us if you have any questions or concerns about these matters. cc: Stephen Atkins, City Manager Marian Karr, City Clerk Dale Helling, Assistant City Manager Chuck Schmadeke, Public Works Director Ed Moreno, Water Superintendent Carol Sweeting, Water Information Coordinator I , ~. : I;' I : ".\ ,I ~. "~'1 " \.~'~i ~'; ~, I, lit:~ tC . 0 _~~-- --.= r - o j. . r f" [, [, " f r ~ ~ I D I .!- I ! I ~ ~ ~O .' !..:l~~' " I'i:, '~L 'I ~ . ".\ ,'~ . ",' , -.,.. " , .. ......... ,"-'" ..,",., ...,:.,,,...;,,;:~-.,~ .~..,..._. --".'.,.....:., .' . . ~C 06 '94 12: 06PM ATTORI'EY GEI'ERAL OFF P.15/18 . '~ . . , ',. " ,.... ... Il... E fl IN THE IOWA l'lIS'rl\ICT COURIJl FOR. MADISON COtlNrJ1 JUn I' .11. ..' ~/OIIIS " JI.~II,I' II' ~ SWATi 011' IONA, .,lC rel., l ,1(.':<< O/D~~ .cfkS IONA DSPAR'1'MINTOF ) 11':rl.~!/.11 r~JllnIL'r cau"'1 NM'tJlW,. RBSOURCBS, 99AG23S42 ) LAW NO. 23497 .. ,/lfy. Tli:';" I plalnt!tf, I VB. I C:ONSI!lN!11 ORDER, JU~ ) AND DBCREI!l Ct'rY OF WINTl!:RSET, IOWA, I ) P6~Gn~.nt. I NOW en this J3!:: day ot ~~ '('\f' ...) , 1994, the . Court .l.B pr..ented with the plaintiff'S petition seek1ng o1vil penalties and injunctive :eliaf pursuant to Iowa Code S 455a.191. Tho Co~:t havinq road the petltionand being othe:wi.1 advised by thl pa~t!IB rXND!: 1. The Coutt hla juriadiotion ot tne parties and the .ub~eat matt.~ of this action and the pa:tiea consent to ent=y o~ thiS cons ant Ordlilr, JudQment IInd tlIlO:... .. 2 . D.~.ndaZlt C1 ty o! W1ntetlltt., Iowa, aclmJ. t. the v101ationa alleged in the petition. , THBR!iORS, IT IS HERESY ORDERED, ACJUDGED AND DBQREID ~HATJ 1. ':hl defendant .hall comply with the 1ntl:;UQ IUlu;nt limitationB contained 1n Iowa NPDZS pa~t Ne. 81-71-0-01 !:om . thQ dltl of this decree thrQugh october 31, 1994. 2. '1'h. <i.fondant "hall Clcmply ~ith th. Und .tnuent ltmitation8 contained in it. Iowa NPDIS Pa=mit No. 61-71-0.01, <<nd II aubl.qUlntly amended, beg1nn!ng on Kovembe~ 1, 1994. ~ 1Ii71 lat",,". H btalld f~ Ir",smlllal mmmo ,r" 0 ~=~ _r_ ~'11 - A~ " · :_ 0= "):' - f" , ij ~ I ~ ~ ~ I Q I I 'I) . ' " ~,' 10, .' ,'WAwi " \....,., '" . '.. :'~ I , \ I ' . < ~ . ~' ,'''' , " ...'T.... f" . " . ".. "" .-~.. . - .... ..,~ . ..~. +' ..... -, ~-- . -" -".. j, ,,~..... ., ,._,..... h..I........_.,.....,..,,_,. 12:07PM ATTORNEY GENERAL OFF p, 16/18 \ .. ~ " oJ t , 3 I ~he defendant Ihall Cp9rat~ and maintain itl wIBtGWltlr " t~eatment facility in prop.r wo~k!nq ordQr,and, .5 effectively as possible, to achieve o~tim~ efflulnt quality at all t1mea. 4. ~he defendant ehall, unless a written Ixtlnslan 1s granted by the DNR, compLy with the fallowing schedule fo~ complQt1~~ improvements to itlwastawater treatment,faaility rd6l::ed to in DNa conlltl:l1ctionPI:I:l11it NO. 92..333-8, inuld septemblr 3, 19921 ., bl;in oparation of the upqrade~ fac11ity by July 1, 1994/ ane! . . b. complete construction by S8pt8mbe~ 30, 1994. 5. ~h8 dsfsndant shall ,submit to th; DNR on or ~;torg May ...,; , 12, 1994, unlG~s a w~itten Ixtenlion 1~ g~anted by the DNR, a plan of aotion whiob: a, evaluates the adequacy gf the o1tY'1 waatewatt: collection system and t~eatment facility to handle Ixietinq and anticipated wastewater flows f:om a 5-YII: ItOt'M oventpllnd ' ',. 'b. recommon~1 addit1Qnal imp~ovem.nta to the oity's walt.water collection syatlm and t:eatment ' !ao1lity to handle ex1etinq an4 anticipatld wBAtawat;r flowl ftom a 5~yea~ltQrm Qventl and e. ' proposeS a t1me Bchadule fo~ imple~.ntation. ~ I Ii) I .,- ,( C-"\ \~ ;;~f;' I' ,,: I i< , . s,"'J:he defendant shall pay a ClvL'lpenalty of twenty . .' ' , thouaancl and 1\0/100 dollars ($20,000,00) fot.thQ violations , . al1lqed in thG pet~t1on with!~ ten (10) ~ayt of the entry of this conl.nt or.du:, Judgment and Decree. ~hG defendant Inall alia pay interltt at the annual rat. o~ ten ptrC:lnt (1D') Oil any Ul\pll.!d " ,I ! I I : I , I i k~ I!' ~ '1::- .....:..., 'y, ", ~\ I r1i, ~,~ . '~',I ..... \,... 2 :(_~u()~."-6i ".~ -' , ~~~ ',. .0.:.. )""" , ""',' ~,:,> . ~'71 , ". r:~" B',O'. .( .) 5 , - _f~;'_..,."~ i' '. ~ i.'-' \'. . ., . , , ,.."t",-, '-':Wt " " ".,:1 ~ , '~.:. f" ,," -, . . ,;......,.,""......I:=;<..-.-..,.~~"~.~_.~_._ ~."".... ""-,,,, J......~..b_.~_,.ll,~, ~_... ._...:.,~ ~"""".,, ".....""....... .~~~, .~""'''' ~ '94 12:1il7PM ATTORNEY GEI'I:RAL OFF ..' ..-, ..--..-..- ,..--,----.... , ' P.17/18 " . " b~lancB. ~aym.nta of the C~V1l panal~y and inte~olt ahall ha uad. to the Clerk'of the Iowa D1sttict COU%t fo: Madison County. 7, ~h.,defendlnt shall pay st1pulatea civil penalties a. follows I c. tha 4efendant ehall payi1ve hund~e~ and no/lOG dalllJ:'d ($500.001 fo3:' llach ltIt)nth ot put of a month th~t itdll 11 to comply with the ope:aUQn de.dl~ne refatx!d to 1n par.g~aph 4(1) Qf this ' otdltJ Ind the def!nd~nt .hall pay one thculand and no/lOa dol1a~' (~lIOOO.OO) for ,.dh month ot pa~ of a Month' that 1t fall. to comply witm the . construction complltion deadline :'~Irrld to !n paragrapn 4(~1 o~ this otdert and . the defendant shall pay f1~e hundred and no/lOa ~olla~5 ($500.001 for Bach month or part of a month that it fa lsta comply with the plan of aotion deadline referred tg In paragtaph 5 of thla o~det'j and. ! ~ A. b. i r d. . the defendant Ihal1 pay the stipulat.d civil ' plnalt1.. ref.tred to In .~pa:ag:aph8 (al an~ (b) unll,lsaid ~ailu:. to complr with opI:at on and aonmtruot1on,dladlinl& is the loll x.lult o! an act of God which i. bl;fond the :ealonabll contJ:ol< of the defendant, and e. the plaintiff shall p;ovide wr1t~en not~CG to the dehndant' that i,yJllent ot the aiv.u penaltiel ' ' ,.. stipulatlld ,hIre n ill owinq. 'rhe deg~mdant shall '. '" " plY' ad~ stipulated civU penalties to the :towa' ,. ,.. DepartmQnt,ot Natural Resoutaes, parAblo to the .Sta'cQ 'of"Xowa,' within thi:ty (~O) dllYII of ~eae.1.pt:, ":"'-., at aaid' wdttan nodce, and . , .', .'!' ,;:' . :'" ';"" f. the plaLnt1ff shall hav- tho option, in lieu of collocti~g the 8tipulated.a1v~1 penalt10.,t.f'~:Gd to tn subpata9:apbS (al, (b) and (e), o! ...k1nQ' in ooutt lull aiv~l plnaltl.. putluant to towa . Cod; e 4558.191(1). , " .... ~ ~ ,,'.. .' ; (" .0 , I, i: : I ;1 ~ ... 3 ~! ~" , Ii ,c. 0 " -:_--:- ,-- ~-- - - .' ,....'O~~lj;"'P d.<J71 T a' ":"580, "c::',C! I \ ';':. \ !, " : " '-. ,~ .. '.,.~ I': ;(" 0~"":; -, '/ ){~.. _...' "..I.:'!\I ~\\;:i. i"j;~ . '~"V L~ , , ~ ~ :, \: , 12:08PM ATTORNEY GENERAL OFF " f" "-. r .is/iO" '1 1 _._0' _.......... .' . " q. 'I 1 r I I I I" 8, ~he Clerk of the Iowa Oiitti~t Court for Madison county ahall i.sua and caUda to b. Be~v.d upon Defendant City'of Wintatsst, Iowa, a pe~nent w~it o~ injunction Injoininq it ~:om any violations o! low~ Code S 455B.196(1), S67 IAC 64.3(1), and Iowa NPDES permit No. 61-71-0~Ol. 9. The cou~t :Itaine ~urisdiQtion o~ this matte~ to Insure compliance with the terms of thi. 9onsont or~lr, Judgmlne and l)QQUI . 10. ThQ cOlta of ehil aotion, including sIrv1cI o~ tn. injunction, a~e taxed to the defendant 1n the amount of $ 75.00 , (Clerk to enter). .,' Approved as to fo:ml , C1rector BONNI2 J. ~~PBELL At ey General ot Iowa o D . 8HBRIDAN, 110 Aesistant Attorney General , 1223 Salt Court lv.nu. E~acutivG H111B lilt, 2n~ '1. Dla Heinoa, Iowa 50319 'B~I (519) a01.S351 PAX I (515) 242-6072 AT'rORNBYS ~OR pLAXNTI:rl' .... , j ~ , '1 { " i! ) ij " , " :1 " ) , .! 1 i I :; , j :-~ -, " ID II :.! ,1 ~ j cj I j I Q~. ~ CASPER r nclu' Ca.pe%: 223 ~. Court, P.O, Sox 61 Wlnte:eot, Iowa 50273~0067 TiLl (515) 4G2M4912 . A'rJ!ot\NBt POR DPJi'mND_S 4 I I I !I 11 ,> :1 :) I .'! ,', ,,' { ,"i "I a i I :) ~11! , ~- ~ Cf i.\ r~.1 .~; ~ u .........~~...;."."...~JYI".._ ,- . _ :<u t-.. 0 o _) ":~!di"q,', ; i 'It', "."',\1,', ',. . " . .. , '. "" f" , . i:.:'...,_.. ." ".." ,.-,,',..'-\..,...J_....,'""_.^"'"'~.l,..,_ .;__".,...._~.",.,.,',.,,."..,_,,_,__.,... DEe 06 '94 12: 01PM ATTORNEY GEI'ERAL OFF P.2/18 IN THE IOWA DISTRICT COURT FOR MADISON COUNTY "" ... C.:I 11 %1"". ~ . ~~e.. Oi: - Sl~~ I r - ~ Ul ~~~ "'tI rr\ ~~~ ~ I" :"'....~ ~ ~~ d n.. ~8 0.... 'f"::;\ (:Q STATE OF IOWA (99AG45000) CRIMINAL No.3\lb VB. CITY OF WINTERSET, JAMES HOCHSTETLER, MARK J. NITCHALS, and ROBERT W. HOWELL, Defendantll. TRIAL INFORMATION ......"""!'. ~" " '" ..-;. r \ \\ ,\ .~\\ ~ ',-7,. i' I COMES NOW, Douglas R. Marek as Prosecuting Attorney"and in the name and by the authority of the State of Iowa accuses the City of winterset, JaIII9S Hochstetler, Mark J. Nitchals', and Robert W. Howell of the c:rimes of Count I I Conspiracy, an Aggravated Misdemeanor, in violation of Iowa Code Sections 706.1, 455B.183(2), 455B.l91(2)1 Counts II, III and IV: Krt~inqly Discha~ing a Pollutant, Aggravated Misdemeanors, in violation of Iowa Code Sections 45SB.186(1), 455B.l91(2); Counts V, VI and VII I lI'nowingly constructing, Installing, Dr Modifying a Disposal System without a Pemit, Aggravated Misdemeanors, ,in violation of Iowa Code Sections 455B.183(1), 455B.191(2); and Counts VIII, IX and X: palsifying a Monitoring Report, in violation of Iowa Code Section 455B.1!H(3), committed, as follows: The said City of winterset, James Hochstetler, Mark J. Nitchals, and Robert W. Howell, between December 1, 1990, and October 14, 1993, did: . COUNT I ~ Conspire with each other to knowingly construct or use, without a permit, a new point source for the discharge of ~ pollutant into a water of the State or to knowingly violate the conditions of the National Pollutant Discharge Elimination System permit hald by the City of Winter set. Ii I , I , ~ Ii I 'f.~ 'rl'" ' I ! 'I I ",\ ) ~,...-;"'" , 'r ~ COUNT II Knowingly diacharge a pollutant via a sanitary Dewar automatic lift station located at the northwest portion of the intersection of West Buchanan Street and North 3rd Avenue in Wintersat. C7~~~~ ' - .--- ~ 'R.. ~- ~': ) 0 " ....u_~~__~_ ~ ~~7 i T" '. (;. ") ,~ ' " f: 'q L~ ~J !l " 11 ~ ~' " I I ~ ~O, co ~' , .' 0 '1,. .., mil ,f', ' '" ,,',~;,...., -'"'' " ?"':' ..~ C~'\ \ r , ~ ! I , I I i '(;', I:.: " J ), .~ \'.~"I>:~ ,t, .' ~.\ i~t~ . .1,,'. .." ., . ~ . j-" I : , . '~h 'I';' .. , ""''\'" . .. ~:....'.. " , , . " ~, :' . , "'~'. . ,.' . " ;..., -'. .c.' , ',_,P:, .:' . .. 'h__'_..' ._"'.~, "....... ;~.~,. ,,~,_""'-:.. "'.........,.".",..........._.....v"....."",. ,....".<-:."'lc;.a'.;_"-'.'<<:.."'..u...".,.""., '..... ,. "... ,"'-'< "~'~-''-''''~' -..'""",.,-.....,.. .'. ," p.' ~.., ..~. .........,,_...,~"'."..,.....,~...~,_.. _.~_._~ -~. ,- -.--... .. DEe 06 '94 12:02PM ATTORNEY GENERAL OFF P,3118 COUNT I II _ .., Knowingly discharge. a pollutant via a ,sanitary sewer . automatic lift atation located at the northeast portion of the intersection of East Buchanan Street and North 6th Avenue in Winterset. COUNT IV Knowingly discharge a pollutant via a sanitaty sewer automatic lift station located at the alley on North 6th Avenue between WeBt Jefferson Street and West Green street in Wintarset. COUNT V , Knowingly construct, install, or modify a disposal system, to witl sanitary sewer automatic lift station located at the northwest portion of the intersection of West Buchanan Street and North 3rd Avenue in Winterset, without a permit. COUNT VI I Knowingly construct, inBt~ll, or modify a disposal system, to wit: sanitary sewer automatic lift station located at the intersection of East Buchanan Street and North 6th Avenue in Winterset, without a permit. COUNT VII Knowingly construct, install, or modify a disposal system, to witl sanitary sewer automatic lift otation located at the alley on North 6th Avenue between West Jefferson Street and West Green Street in winterset, without a permit. COUNT VII I Falsify a monitoring report by failing to report an unauthorized sewage treatment by-pass at a sanitary sewer automatic lift station located at the northwest portion of the intersection of West Buchanan Street and North 3rd Avenue in Wintereet. 2 II .! , - -. ~I :-,., ~~ = ~ 0 .)'::: ~11~ "\ ""'1":5' ~o, - '..'I!1 ~~1:.-1:',:, .,.>-,/:," '{'.: .. '..,_i'-:.I' ;.-,: . , .,':',: ...' -~' '. ,-:,' :'-~t.~ ~'t", ,,',I I~- '. ':, " , "..: . .. ~: , , ..~.,. . '..... f" . , ,~ . !.~: :.-' ", ,:.'.:,....~ ..._~.._~~._~.j~~~,;:,jL..~_. h~..,~~'~~.:~~~~~"..~..;,:,,;.~...'-',~..~~~ij~;.~~i..,..~.iv~~...-.....>:;~ ~;,:.._..,.,~.~....."...,,' ._,ft..~..<<,...~,~":~_....L.':'O....__~~_.~:...;....___~.:~,. ,,'.. , ',"1' . DEe 06 '94 12:02~ ATTORNEY GENERAL OF~ P.4/18 COUNT IX ,.' , . "'FalSify a monitoring' repoI:t' by' fail.l.n~J to report' an ' unauthorized sewage treatment by-pass at a sanitary sewer &utomatic'lift station located at the northeast portion of the intersection of East Buchanan Street and North 6th Avenue in Winterset. ,-J . COUNT X Falsify a monitoring report by failing to report an unauthorized sewage treatment by-pass at a sanitary sewer automatic lift station lo~ated at the allay on North 6th Avenue between West Jefferson Street and West Green Street in Winterset. A TRUE INFORMATION -"~ '......~~ I have made a full and careful investigation of the facts upon which this information is based and have determined under the authority of section 13.4 of the Code of Iowa and pursuant to rule 5(1} of the Rules of Criminal ProQBdure that a criminal prosecution is warrantep in this matter. I f(: \\ :'~ ~ (r:- I , I ( ~ i DOUG R. MAREK 5218 2880 ABeis ant Attorney General Hoover state Office Building Des MOinen, IA 50319 (~15l 291-3649 . " I II I k. 11';' II \',\...../ \'\1- 3 ,( 0-- ,_..~~___.t ..: ,I ""0 " . -,- ;,.,. "j'''::'''''-;<''.. '~ -,.: Y"~:"',:,'i:" , , . ; "",'~....,~ '="", ..,,:,:.,i':,'-"f"', ,~. " :\ ." I ,; .;1 "".,,',., ,:,<'",,;" .", .' '-; '" f '. ,-" ' , ~ . . ...'. .""..,,, ':"-'~;;"';M~':'~'~'u:Li~L~,~~~~...~;.2'-~",-.I:~;~~L~r~'~j~~.~.....~..~2.~~~:~~.L",~'i~~";4:'~-:':':~'~"'~';'~".,'''f,~.,.r_~'''',''"".~.;..",,,:~,,~.,:~(;,',.......,,,,,,_~~.....,,.,'~.;..;...;.-"",<>'4~' ' '<i lEe 06 '94 l2:03PM ATTOHY GEI'ERAL OFF , P.S/18 APPROVAL AND ORDER FOR ARRAIGNMENT , On the ;If. day of iJIJ1/P'l/h,.Hl , 194.'1 T I find that. the evidence contained in ~~riar-infQrmation and Minutes of Evidence, if unexplained, would warrant a conviotion by the trial jury, and baing satisfied from the showing made herein that this case should he proseouted by Trial Information, the sarna is - approved. , v THE DEFENDANTS ARB ORDERED TO APPWFOR ARRAIGNMENT AT: '- Name~ of Witnesses: place date time h1,di.fs~r, h'/lfi. 'IIMi,s,,, f}lrJ i~,~ , /1//51,13 II:JO d'JYl ? . tt If.a1t~ JUDGE" 1st JUDICIAL DISTRICT Richard, Searl Joseph Motsinger James Strioker Steven Grgurich Terry Kirschenman Custodian of Records, City of Winterset Arthur Cherry Verne o. Gongol Russel Stwnmer Charles Marten Custodian of Records, C & L Construction Company ~t c \ ~;::; ! . I i I I . , i I II' ! I I~ [ I , ,~./". ",I " l.', , c o ~- -~~_: '__ ," 4 . ,.,," c ]..""..."...'...'....".. ..,.,'..,....,:'"o,i,:' .,i;~i",,:;:\... ," ,,2_ L~. ,1-' ."......,.... ~~11 ".,"""..,...._''\'"..,,' . "'5 :.; ~~. Il , I , . " f1\ ~ ,.! . " , ,10, ., " ,m:zt'ii'. '. ~. \,"" I . '\1i0,. :::'l,\":'i" .. ,,~, '" , "." 1 ...~, . . " . , . '.' ~.:.4' ".'1.: ",.' ...._ ~~'::'.... ,......._ ..,....U....;.~&";.~'.~.~'~ '..J~ .!-',.ll.~.~'.'~'..., "":_~'''''''''"~:';--'':''''-' .""',. ,. '.-,"..--....;..' ".....;I~.'"".,-l-.~,.._"...;..,...; f" " _.....-"-'".,.,..,,,... ,."'-.,.".'''",....-.,,,..,.,-'.~-,.'"'.~ ~ ~~7J ,..'" :.,., ,10', DEe 06 '94 12: 03PM ATTORI'EY GEI'ERAL OFF " IN THE IOWA DISTRICT COURT FOR MADISON COUNTY STATE OF IOWA (99AG45000) . ,;.I, : . CRIMINAL >>p. 3116 vs. I I I RECORD OF GUILTY PLEA AND I JUDGMENT ENTRY CITY OF WINTERSET, Defendant. This matter came on before the Court on the sixth day of June, 1994, for the purpose of the entry of a plea of guilty by the defendant'. The Defendant City of Winterset appeared by couneel Go~don Darling, Jr., and submitted a written plea of quilty and waiver of ril,Thts. The State of 10\'78 appeaxed by Assistant Attorney General Douglas R. Marek, and submitted a memorandum of plea agreement. RBCORO OF GUILTY PLEA The Court considered the written guilty pleas and found that a factual basis exists for each of the cha~ges. The Court enquired of counsel and detexndned that the city of Wintersat ", knowingly'and voluntarily waived its rights prior to the entry of ( the guilty pleas. The Court acoepted guilty pleas from the. . ,~: defendant to the charges of Count IV, Knowingly Discharging a Pollutant, in violation of Iowa Code Sections 455B.196(1), 4559.191(2)1 Count VII, Knowingly Constructing, Installing, or -... . - '" Modifying a Disposal System without a Permit, in violation of Iowa Code Sections 455B.183(1), 45sn.191(2); and ,pount X, Falsifying a Monitoring Report, in violation of Iowa Coda Seotion 455B.191(3). ~ >. 1 ~ (~ ([ '\, 0 "" ----. , - ~ .0., ,):.', - -, -- P.6118 I ~ I ro. ~ I (, ., .~\.m,.iJ~' " . u, ." " \',',' ~ "" . ..". ... _ ': .:,:. ,~. :_~ ~....~:"...~~ ~. p' ..__".,._;, ~._'.,_.~ '." __ ..'_. .:_';a ;_..-,~..,...;..:~,; _~ ...'...., ..~.....~~" .' . _.~~. L', ',,' :....,~, ..~' ',- f" DEe 06 '94 12:03PM ATTORNEY GENERAL OFF P.7/18 '" "..".....,,,.,..",.,,.,_,,_,.....,..".,...._~,..___._.,.,.-.n_" , ~ C"(19 r'" . '..c.. , / ,) The Defendant was adviued by the Court pursuant to Rule 23, ...'. Iowa Rules of Criminal Procedure, that any moti~~ in arrest of judgment must he made not later than forty-five (45) days after a plea of guilty, verdict of guilty, or special verdiot upon which a judgment of conviction may be rendered, but in 'any case not ,later than five (5) days before the date set for ptonouncing judgment. The Defendant, through counsel, waived the right to file a motion in arrest of judgment and :equested to proceed i~ediately to sentencing. The Defendant, hav1nq entered pleas of quilty, knew of no legal cause why judgment should not be entered and none appeared ~pon the record. S~CING PROVISIONS IT IS THE JUDGMENT AND SENTENCE OF THIS COURT that the Defendant is convicted of the orimes of Count IV, Knowingly , .".,. .,( C--.,',,\ ,) \. .' '~':~r"" ( , . : II"' I I , , , I I , ! , , , 1 , I I ," i I~:' : I . ~~.'.) ";( , r~ Discharging a pollutant, in violation of Iowa Code Sections 455B.1B6(1), 455B.191(2); Count VII, Knowingly Conettuctinq, . Installing, or Modifying a Disposal System without a Petmit, in , violation of Iowa Code Sections 455B.183(1), 455B.191(2); and Count X, Falsifying a Monitoring Report, in violation of Iowa Code Section 455B.191(3). The Court adopts the joint sentencing recommendation of the parties. , For Count IV, Knowingly Discharging a Pollutant, in violation of Iowa Code Sections 455B.1B6(1), 455B.191(2), the Defendant is sentenced to pay the maximum fine of fifty thousand dollars ($50,000.00). For Count VII, Knowingly Constructing, . r-=::=--~ .~?- v-- , 'W-: ~' :" .'....): ,,' , ,0 '" ~ . . ,,~I" , t r 1[1 .~', 1\,. . ," ,.:i';,::.,'.,.., [....... " ,1 , \ \ . ~ "~-I: I r I i I r i , , I I , I I i I , , I I i I , ~, I"" U ~ 1 ii: t ~~1~ ~':5' 10/ ., :\"j .' ~ '. , -"fl;" "1\_,[. :\:"t ;~. ~ '. '-Of., . , " .... ... '- .' . ~.-'. ..; . .0';".."1", .'_....A.>. ._"" ......."'.... ,.....".,~.""'-.,......'".;.,",;..,.:.::...,, <-""...."'~......"'_....:,.-_..._...,,~..__.._~._...~.. .,....- DEe 06 '94 12: 04PM ATTORI'EY GEI'ERAL OFF P.8118 -, Installing, or Modifying a Disposal System without a Permit, . ..1" inviolation of Iowa Code 'Sections 455B.193(1), ~~5B.191(2I,tha Defendant is sentenced to pay the maximum fine of fifty thousand dollars ($50,000.00). The fines in counts IV and VII are 'suopended upon the condition that immediately following this entry of judgment, the City of Winterset shall place in an eacrow account the Bum of one hundred thousand dollars ($100,000.00) and by October 1, 1995, shall expend that total amount fot DNR~ approved upgrades to the sewage collection system in the City of Winterset, as described in the May 12, 1994, "Sanitary Sewer . ' System Plan of Action II Report on file with the Iowa Department of Natural Resources. For Count X, the Defendant is sentenced to pay the maximum tine of ten thousand dollats ($10,000.00) and the applicable surcharge on that fine. The City of Winterset is " ordered to pay the costs of this action attributable to this defendant. RIGH'l '.N) APPBllL Defendant is advised that to appeal this judgment and sentence a notice of appeal must be served upon the prosecuting attorney within thirty days of sentencing and a'copy of said notice with"return of aetvice must be promptly filed with the clerk of court. The defendant is also notified of, the right to apply for appointment of appellate counsel and the furnishing of a transcript if unable to pay the appeal costs. irr:-=--~-'" " :1 L~HO~ ..... ,. ,-. -=.... - ......:)'-.......':<,..,',. .. '0....... '",'",', '.' :.',' . ~._....:" .... , f" b I ~ ~ , 'I I t! .. ......~;.- ., '.' , t, ~ ^ " .' ~ i $.'i!l!"dl. I;..... :..' ::.~r:'\' 'f i ,:' . .'oj . .'.,~, ',.. .., . r. . ~ , ,~, \ .....,..... ".., :"";.:>.;~'~"~_'. ;..;....c.. ';',' . .".,...~,..";.~.~,~.w..;;.,~;~~~i.:;~}~,..,~..:.~..~~.....~~:;........~.~~:...,".....~~._~...'~L:..,..~.~..a..~,L'"'.,,;:..::..~,;.......~...."....' . f" '" DEe 06 '94 12: 04PM ATTORI'EY GEI'ERAL OFF' .., _,_ "". ,.......,..-'.... "''''.'''''' ". ~..u ",,,-~,, ~..""w ~_~.~_._ w.... ,._'''''~,: ,. ~ ~:l, 10" ';,./.. . ') t., ....,.:-...,1 -, APPEAL BOND CONDI!I!IONS ..,', Defendant's appeal bond is fixed at $50,OO~;OO for Count IV, $50,000.00 for Count VII, and $13,000.00 for Count X. ? ., JUDGE, FIFTH JUDICIAL DISTRICT 00; ,,.., (, ('-"'\ '\ \ , Robert J. Blink Whitfield & Eddy, P.L.C. Suite 1200, 317 6th Ave. Dea Moines, IA 50309-4110 Lewis H. Jordan Jordan, Oliver & Walters Fa~ers & Merchants St. Bank Bldg. P.O. Box 230 Winterset, IA 50273-0230 '" Gregory A. Hulse Van Werden, Hulse & Hefner 1009 Main St., P.o. Box 197 Adel, IA 50003 Douglas R. Marek Assistant Attorney General Hoover Building, 2nd Floor Des MOines, IA 50319 . ;~ " .\ i' I , I ~ Zane Blesswn County Attorney 109 E. Court W!ntaraet, IA 50273 II : I II Ik ! I" ~~.' "ITI " j , ,C~~_:.~ '.. -.~ o. ~l"."':"'" .,.....,.,1:.(:.> '-. .'. ... -- , P.9/18 I ,\ I i :,~,' .