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HomeMy WebLinkAbout1989-03-07 Info PacketCity of Iowa City MEMORANDUM Date: March 1, 1989 To: City Council From: City Manager Re: Urban Development Action Grant As we discussed during the budget review, the City Council postponed its policy discussion and decisions with respect to the use of UDAG repayment funds. During our discussions, it was agreed that I would provide you with a summary memorandum outlining Issues Important to your policy considerations. The following represents some of what I believe to be the key issues for your consideration. Generally speaking, the Federal Government has few strings attached to the use of UDAG repayments and as a general principle, the Community Development Block Grant (CDBG) guidelines apply to these funds. I believe there Is a potential for greater flexibility in the use of these monies; however, we may need to check further with HUD If your policies were to be dramatically different from the CDBG guidelines. 2. To date, the UDAG repayment has been primarily directed toward City economic development activities. Specifically, you may recall we were considering the creation of an economic development revolving loan pool whereby the City, through the use of UDAG funds, would leverage bank and utility company funds. This would create lower cost financing opportunities for prospective businesses. Additionally, the City's $40,000 contribution to the Iowa City Area Development Group ([CAD) and financing the Economic Development Coordinator's expenses have been funded by UDAG. These two expenses represent approximately $82,000 annually. Of the $229,000 available on an annual basis, if the above mentioned expenditure policy were continued, approximately $147,000 would annually be available for appropriation by the City Council, 3. The UDAG monies have been used to provide City cash match and/or contribution to specific capital related economic development activities. The RISE application for the Highway 1 North widening (near NCS/Highlander Inn) required a $60,000 cash 391 contribution by the City. As an economic development incentive to the Central States Can Company, a $50,000 five-year, three percent loan is to be provided from UDAG. 4. It may be to the City's financial benefit that any project chosen involve some type of repayment so that we are assured of some continued replacement of the monies (loans instead of grants) In addition to the annual payments. 5. You may wish to consider charging the time of other staff Involved in economic development activities and thereby relieve the General Fund of some financial responsibility. For example, I am frequently Involved in the economic development activities and could charge a portion of my time and that of the City Manager's office against UDAG. Other examples would be charging specific engineering costs, legal services, financial recordkeeping, etc., to provide some savings to the General Fund. 6. In considering your policy positions and if you would choose to adopt the revolving fund concept, this would allow for a policy to maintain some balance within the UDAG fund for use on projects that may unexpectedly occur and need our financial participation. A specific percentage amount of the UDAG monies could be earmarked, somewhat in the form of a contingency, to meet one time opportunity expenses. Your policies could restrict the use of this contingency as you would see fit. 7. Another means to determine the annual appropriation of UDAG funds would be to simply have my office recommend projects in accordance with particular budget circumstances in a given year. While general policy guidance would be helpful, we would be in a position to recommend UDAG expenditures based upon the unique circumstances that exist during a particular fiscal year. 8. You also may wish to consider the accumulation of cash in the fund over a period of time if there is a specific capital improvement project that we may wish to undertake in the future. This is a policy somewhat similar to our desire to provide for a "pay as you go" wherever practical with respect to capital Improvement projects. 9. As Indicated, there Is a potential for broad use of these funds for operating and capital 3 39` projects, such as the can company loan and the RISE highway improvement project would indicate. There are projects on the horizon that also would be appropriate for UDAG. Such examples would be: a. Construction of the water and sewer requirements to complete the Iowa City Industrial Park (8131); b. Capital contribution, such as water and sewer or some other improvement, for the proposed First Avenue housing project; C. Some type of contribution to the work effort for the proposed sale of the last urban renewal parcel (Parcel 64-1a); d. Funding to provide support for selected human service agencies; e. Financing the downtown study; and f. Any program similar to the CDBG fund distribution, such as housing rehabilitation. I think you will see from the above commentary, you have a wide variety of policy opportunities available to you. The current commitment of ICAD/economic development expenses I believe are Important in considering the use of these funds rather than an Increase in any expense charged against the General Fund. We are under no Immediate pressure to conclude your policy discussions, and have sufficient time to shape a policy that you would find satisfactory. I have scheduled this matter for your informal meeting of Monday, March 6. bol -2 M" 3 39� i City of Iowa City MEMORANDUM Date: March 1, 1989 To: City Council From: City Manager Re: Recycling of White Goods The Streets and Sanitation Division of the Department of Public Works is continuing their efforts to reduce the volume of solid waste that enters our landfill. They have researched and are recommending a program for the recycling of white goods. White goods include refrigerators, washers, dryers, furnaces, water heaters, etc. We have contacted scrap metal dealers throughout eastern Iowa to determine whether there is a market for this solid waste product. Scrap metal dealers have indicated that they would be willing to enter contracts with the City for the disposal/recycling of these goods, if the capacitor, ballast or other similarly enclosed reservoir within the motor/mechanism of these goods is removed. They will not accept those white goods with this mechanism. They refuse to do so due to the fact that the capacitors, etc. include (PCB) which has been determined to be a hazardous substance. While it is not dangerous to human beings through inhalation, prolonged contact with polychlorinated -biphenyl on the skin can cause harm to the individual. It also has been shown to contaminate groundwater. The Department of Public Works is recommending that we undertake a program whereby white goods collected by the City personnel as well as those received directly at the landfill from other individuals be incorporated into this new recycling effort. It will require the City landfill personnel to remove the PCB mechanisms, with the white goods then picked up and removed by the scrap metal contractor. Our landfill receives in excess of 1,000 white goods items per month. The disposal of PCB contaminated materials will require special collection and must be delivered to the Kansas City area for disposal in a licensed hazardous waste landfill. 397 2 In order to provide for sufficient labor to handle the white goods recycling, the Department is recommending that the landfill be closed on Sundays. At the present time, two employees work eight hours on Sunday and therefore 64 hours per month would be available in staff time to undertake this recycling effort. The landfill receives approximately 34 tons of refuse on a Sunday compared with 23 tons of refuse per hour during other days of the week. One-half of the tonnage on Sunday is received from the University. In conversation with University officials, they have Indicated that they believe they would not be adversely affected by closing on Sundays. In addition to the University, the landfill averages about 40 individuals on any given Sunday while on a normal workday 162 individuals are at the landfill. While the Sunday refuse tonnage is minimal, it is important to recognize a considerable effort must be exercised in order to adequately dispose of the waste deposited. It must be thoroughly compacted and covered each day of operation with six inches of earth and as a result, disposal costs on Sunday are approximately twice the cost of other days during the week. The following represents a series of recommendations in order to initiate the white goods recycling as well as fulfill all appropriate State and Federal regulations. 1. That the City Council would direct the preparation of a contract with a metal salvage firm to recycle white goods normally disposed of at the Iowa City landfill. 2. That the landfill would be closed on Sundays and employees rescheduled. 3. A charge of $10 to pick up white goods items at the curb would be initiated. Our current policy is that we will remove such white goods from the curb and this fee is incorporated into the monthly $5.50 fee for residential refuse collection customers. Due to the stringent regulations and the special costs associated with the treating and preparation of white goods, it is recommended that those individuals wishing to exercise the use of the white goods disposal service, would be required to pay this fee. The individual requesting this service would be billed by the City. 397 9 a, Those white goods that are delivered to the Landfill to a condition that makes them available for recycling would be charged 19.00 per unit, S. Any white goods delivered to the landfill to a non -recyclable condition (crushed) and therefore making it impossible for removal of the capacitor, a fee of 125 would be charged, 6. The City Council would direct that other communities within our landfill service area be advised of this policy and encouraged to establish white goods removal policies to satisfy our recycling initiative. This fee for service and special handling is a departure from the types of services provided to date. However, In order to satisfy our efforts to reduce the amount of volume at the landfill, these recommendations are provided for your consideration. It is estimated that annually 500 tons will not be disposed of in the landfill with such a policy and the costs are directed to the individuals requiring the service. This matter has been scheduled for your discussion at your informal meeting of Monday, March 6, 1989. SJA/sp/PC-3 cc: Chuck Schmadeke Floyde Pelkey Rosemary Vitosh X97 City of Iowa City MEMORANDUM Date: February 28, 1989 To: Iowa City City Counc' From: Robert S. Wacha, iverfront Commission Chair Re: Proposed River Walk Grant Application Over the past 15 years, the Iowa City Riverfront Commission has studied, planned and proposed construction of a recreational trail along the banks of the Iowa River south from the Coralville Reservoir through Iowa City to the Hills Access Recreation Area. The concept design for this trail system was described in detail in the 1975 Iowa River Corridor Study and in the 1979 Proposed Iowa River Corridor Buffer and Trail System. Portlons of the trail have been successfully completed along Rocky Shore Drive, in City Park and on the University of Iowa campus between Park Road and Iowa Avenue. During the past three years, the Riverfront Commission set a goal of completing a section of the river walk along Riverside Drive S. between Iowa Avenue and Burlington Street. Through discussions with Project GREEN, consideration has also been given to constructing a river walk on the west side of the river from the Union footbridge on the University of Iowa campus to the Iowa Avenue underpass. (See Map 1.) Funding for this type of project has become available through the Iowa Department of Transportation Recreation Trail Grant Program. The Riverfront Commission has requested staff to develop a grant application for the two contiguous segments of the trail for an August 1989 submission. The IDOT grant would fund 75% of the trail construction project. Potentially, the 25% local match would come from 1) local environmental organizations for the trail segment from the Union footbridge to Iowa Avenue, and 2) the City of Iowa City for construction of the river walk from Iowa Avenue south to Burlington Street. The University of Iowa as a State agency is restricted from contributing to the 25% local match, but Dick Gibson, Director of Planning and Administrative Services at the University, has agreed that the University will be responsible for maintenance of the walks upon their completion. Frank Farmer, City Engineer, has completed a concept plan and cost estimate for the City portion of the project. (See Map 2.) If IDOT agrees to remove warrants for the existing guardrail at the south end of the trait segment near Burlington Street, the estimated cost would be approximately $25,600. The City's match amount would be: J6M. (If the warrants are not removed through [DOT authorization, extensive fill and structural work would be required, and the cost of the project would escalate.) The Iowa City Riverfront Commission respectfully requests the City Council's endorsement and commitment to apply for IDOT or other grant monies available for recreational trail construction to complete the Iowa Avenue to Burlington Street segment of riverwalk in Iowa City. bc3.2 ME 1. \ mmp llka\i IN uU01 VZR StT i- .11�9`/ / Q(joJEGT GrCee Ni A2T rynOSCOM Sowf+- Fooe- 1Jl- 5i.5 / II i 111 /t �00 1I' I� ! / /V r, 391 Map 22 Segment 2 Proposed River Walk Iowa Avenue to Burlington Street along Riverside Drive S. u IhWona e'Sldw&Ik (N'E.nlnl FIWI.Y ♦10.11 P -M p I 2'd-nln I M1i./7• X. aw.e•�( 65on f @ 2 rO = �/6.2 so, o c 'rZ �'L�Yucni L/hL w� h �nce .3no @ 6 = 2)/ 0 (0. cc old, -Q,".a -Ia /, a n . n c &- Y Jp-3-c n = So a. a c 0-42 �1p �un� SOO.Of x.20,3 5o Ac -7o @%s ee) 0t, LbIXA/AMn�. �7 Csoae,Q�luP,��� cum�um aa. c7 r 0.Qc 4.0i •6 .J1 ..� 4 h y.L .1V a� lbW1I All ,[..c ca ua.Yia .. in 1vr2f7a ra -66n a/ iarm,nq / s,d.e,wa//c ;S ,I'lic;ciln%ta / . Vern 3 &IaLloj ink ex/s-A;i9 qunial ra', 1 J'ncluc%s �OaMnj 1 � eLl/ pasts nasal-evnau;n9 allInakr)'alr ra.., /� c lfam`/ %�IS l//im tiiaul/d 6z�a� luarK alancl%N<C 6ac� /fevn 5 lrC.n rrAat[I✓ would 14,ocl /a c/are an.¢ 1c,n2 a�/rcYT.c !'ar• 7%, r tuai/e and h.e GUau ld /1a�d t� mp.d /-DQ7T s'�andnr�s- . r/Marna A. Al�I/ c�rad,�c� and /a,+/Paro�,�•, /'at- insra//of�1 -1 aP t, arP/aliPniEtnc7 iz C.'C/4 ntal I'l/ rALI4 Q. L"an'lia�a�' Aucl fa icunCux- V "al' 74/1-4. ex;T- it q ma'ltnai anclPlac.� �"nI %P Sa, lrn y/l.c�Par�iri9 n�pa_ pric✓ /o Searl�nc� nr_e. gAaaa., u.t.Q.Q��/J.Yp�I•a- gAou) diw,-fib -katLy �a Ee� a,n cl &SiA ci S/a1.'QaII mg &,,, L e id A L-, f/Ia/31 c , iif GVo a Qd l/,r w9 ltu cvl .ta aaaef [.�i ,an�e m iowa Department of Transportation P.O. Box 427, owa City, Iowa 52244 319-351-8818 December 22, 1988 Ref: 604.2 Johnson County Ms. Melody Rockwell Associate Planner City of Iowa City 410 E. Washington Street Iowa City, Iowa 52240 Dear Meoldy: I have reviewed your inquiry as to the status of the guardrail located behind the east curbline along Riverside Drive, between Burlington Street and Iowa Avenue. In our earlier conversations, I had indicated the guardrail did not appear to be the property of the Iowa Department of Transpor- tation and would probably not require our concurrence for removal. I However, after further investigation of the original as -built plans, we find the guardrail was installed as part of the highway widening project in the early 1960's. We have no documentation that responsi- bility for the guardrail was ever transferred to another party. The request to remove the guardrail will have to be reviewed by our Road Design Office to assure no warrants exist to require it to remain in place. If no warrants are found, removal would then re- quire authorization by this organization. i! This review could take place as part of the approval process for the i "Work on Right of Way" permit for the sidewalk construction. It could also be submitted at an earlier date as a preliminary review addressing the guardrail only. Please contact me at your earliest convenience to discuss the course of action you wish to pursue. Sincerely, Michael Jackson Resident Maintenance Engineer MJ:jg cc: Frank Farmer, City Engineer January 13, 1989 Michael Jackson Resident Maintenance Engineer Iowa Department of Transportaticn P.O. Box 427 Iowa City, Iowa 52244 Dear Mike: CITY OF IOWA CITY Enclosed is a concept plan for the proposed river walk in Iowa City along Riverside Drive S. between Iowa Avenue and Burlington Street. The City of Iowa City requests a preliminary review of the plan, specifically to determine whether the guardrail installed as part of the highway widening in the early 1960s can be removed. The removal authorization is requested so that the river walk can be located as far from the curb as possible without requiring extensive fill. The existing guardrail is located where we propose to construct the river walk. Please forward this request for review by the IDOT Road Design Office to assure that no warrants exist that require the guardrail to remain in place. We would appreciate your notifying us as soon as possible regarding the disposition of the guardrail so that we can proceed with the plans for the river walk construction accordingly. Thank you for your assistance. kcerely,,� Frank Farmer City Engineer Melody Rckb we I Riverfront Commission Staff Assistant cc: Don Schmeiser Chuck Schmadeke Stephen J. Atkins Enc. CIVIC CENTER • •10 EAST WSSHINGTON STNbET • IOWA CITY. IOW'\ {7:•(1 • )110) I{A.{uun' 3 98 Jj,7 77 .5 - Sec. 36-45. Same - Definitions. The following definitions apply only in the interpretation and enforcement of the regulations of the River Corridor Overlay Zone: (a) Floodwav encroachment lines. The lines marking the limits of floodways on the Flood Boundary and Flooaway Map. (b) Horizontal setback. A horizontal line draw landward from the floodway encroachment line. or -the -river-bank r -as -def inedr-which -is-;erpendreu}aw -to - he Floodway-encroachment:-line-andror-the -rover-bank. (c) River bank. Water level line at 6,000 cubic feet per second (cfs) outflow from the Coralville dam. Sec. 36-46. Same - ORC Zone Regulations. (a) Permitted uses. Uses permitted in the ORC Zone shall be the same as those otherwise allowed in the underlying zone subject to the requirements of Subsection (b) of this section. In addition, commercial river recreational uses shall be permitted in underlying industrial and commercial zones. (b) General requirements. All development shall meet the following require- j ments: (1) Compliance with the Flood Plain Ordinance where applicable; i (2) A thirty (30) foot horizontal setback from the floodway encroachment line or- the- -r-i-vc---bank,--as -dei4ned; except that any owner/developer shall be allowed to build a pedestrian and/or bicycle path in the 30 foot setback area; ln-the-ererrt-=oFrat-the floodway -encroachment -li•ne-and he -rover -bank -are -not-the -same,--the basi•s--ef--tote• etback--shall--be--4t--the--d4scret4en--ai--the owner/developer- (3) Land use capability suitable to the type of development proposed, as determined by evaluation of soils, slope and vegetation, according to the specified development limitations of soil types i published in the U.S. Department of Agriculture Soil Conservation Service's Soil Survey of Johnson County, Iowa. May 1990, or any subsequent amendments thereto; i (4) Stgrmwater management in conformance with the applicable require- i ments of the Iowa City Desion Standards for Public 'Works; (5) Erosion control in conformance with the applicable requirements of the Iowa City Design Standards for Public Works. Erosion control may be accomplished according to construction measures in Stream - bank Erosion Control Methods published by the U.S. Army Corps of Engineers, except that the use of tire mats, wire fences and auto bodies is prohibited; (6) Retention or replacement of vegetation that provides bank stability in the floodway and/or the setback area; 391 pey TO: Steve Atkins �/J%►j.��{� FROM: Peg McElroy RE: Ralston Creek & Riverbank Clean -Up Report DATE: February 28, 1989 Attached please find a final copy of the report ranking the priorities of the Riverfront Commission. In addition, I have attached a copy of the memorandum sent to Terry Trueblood for his consideration of the priorities listed. He will forward any modifications in the proposal to you directly. It is currently planned that the teenagers and staff will begin these projects following completion of the prairie restoration located along Turkey Creek in Solon, Iowa. This is scheduled for June 19, 1989, however, if school is released on June 9, 1989, we may begin the entire summer projects one (1) week earlier. In any case, we should start the attached projects the week of June 19 or 26, 1989 and continue for five (5) weeks. As indicated in the final section of this proposal, we are requesting $4,907 to complete these projects. These funds will be used to match the State of Iowa Department of Economic Development Grant (Iowa Conservation Corps). It would be most appreciated if these funds could be credited to the MYEP Iowa Conservation Corps account (5363.0) during the month of July as it is a requirement of the state grant that June's expenditures be funded from resources other than the state. If you have any questions regarding this information, do not hesitate to contact me. I am pleased with the sub -committee's recommendations and wish to thank members Doug Jones, Bob Wachal and Bill O'Brien for their assistance. In addition, Don Schmeiser, was extremely helpful in determining the priorities for the Ralston Creek/Maiden Lane project and other area addressed in the proposal. DLN\sj0135 2D\2\89 ,37271 Mayor's Youth Employment Program 410 Iowa Avenue • Iowa City, IA 52240. 356-5410 TO: Terry Trueblood �j FROM: Peg McElroy • �' RE: Ralston Creek and River Bank Clean -Up DATE: February 28, 1989 Attached please find a final copy of the report ranking the priorities of the Riverfront Commission that was devised with the assistance of the Riverfront Commission sub -committee and Don Schmeiser of Planning and Program Development. I would appreciate it, very much, if you would read through this information and forward any changes that you, Terry Robinson or the Parks & Recreation Commission seem appropriate to Steve Atkins for final consideration by council. If you have any questions regarding this information, do not hesitate to contact me. cc: Steve Atkins, City Manager v DLN\sbj0135 3D\2-89 i CITY OF IOWA CITY IOWA CITY RIVERFRONT COMMISSION PARKS 6 RECREATION DEPARTMENT PLANNING S PROGRAM DEVELOPMENT RIVER AND CREEK CLEAN -IIP SUB -COMMITTEE MAYOR'S YOUTH EMPLOYMENT PROGRAM IOWA CONSERVATION CORPS 1989 PROPOSED PROJECTS Ralston Creek (Van Buren i Washington Sts.) The Ralston Creek project completed by Mayor's Youth during the summers of 1986 and 1987, was inspected. It was thought that an additional layer of gabions on the southern portion of the embankment would be beneficial. The slope of the embankment is far too steep and will continue to erode in the future. The ICC of 1989 will definitely work in this area during the summer as some of the geo webbing that has been installed needs to be removed or covered in burlap. In addition, the east side of the embankment will be cleaned and scrub trees will be removed. This is a top priority for MYEP to accomplish this summer. In spring and early summer, additional annuals and perennials will be added to the upper portion of the bank in order to compliment the existing landscaping completed in 1978 - 1988. The Behavioral Learning Center young people and their teachers will assist in this endeavor. Priority: i City Park Floating Pier and Canoe Access The site was visited to discuss some modifications in the anchoring of the canoe dock. It was suggested that a tower of riprap be built to support the anchor wires. This will be completed when the dock is put back in the water in spring. This will take a minimum amount of effort. It should be noted that the boat dock was not removed this winter as it has been such a mild season. However, it should be emphasized that in order to enhance the life of the pier, it ,should •be removed and stored during the winter months. MYEP will re -seal it with a sealant in summer. Priority: 2 Ralston Creek (Harrison street Triangle) In order to make this city owned property attractive and perhaps enhance the marketability, the area will require a general clean-up. Priority: 3 3 99 Proposed Iowa Conservation Corps Projects Continued 2 Ralston Creek (Maiden Lane Area) In preparation for future, recreational development, a clean- up of this area would be most beneficial. The area has been visited by Don Schmeiser (P&PD) and Peg McElroy. The Streets Department of the COIC are currently working on this area. The Iowa Conservation Corps. could completely clean both embankments, remove scrub trees and clean the creek this summer. In addition, decorative grasses, day lilies or other vegetation could be planted to reduce erosion and beautify the area. Perhaps a proposal could be submitted to the Committee on Community Needs and the City Council for consideration of a FY 1991 (summer of 1990) project for the Iowa Conservation or the Young Adult Conservation Corps. to complete a more comprehensive erosion control project, construct a bridge across the creek and landscape the area. Priority: 3 Sturgis Ferry (Northern and Southern Portions) An immediate recommendation in the parking lot area (north) was to install parking lot barriers (cement logs) in order to clearly define areas for parking. Several individuals have been driving on the grassy areas in order to park closer to the shelters. In addition, selective tree removal with chain saws was recommended along with a general clean-up. This was also true of the southern portion of Sturgis Ferry. Priority: a No Man's Land (Front Street between Prentiss and Harrison Sts.) This area is well known by those that fish. It is not fully clear who owns this land along the Iowa River, however, it is likely public land, owned by the City of Iowa City and the river bank is owned by the State of Iowa. There are a number of tasks to accomplish in this area. Trees will need to be thinned. The number of stems of a large maple tree located in the area will need to be removed to foster a healthy tree. Riprap is needed by the culvert and several large chunks of concrete need to be broken up and placed strategically to prevent further erosion. Paths could be constructed that provide appropriate access to the river. It was suggested to either use some of the materials present or to purchase railroad ties. A sidewalk connecting the area to Harrison Street across the railroad tracks would be beneficial and would need to be negotiated with the Crandic Railroad. A stone retaining wall would be helpful. Logs should be removed from the river and 3 99 Proposed Iowa Conservation Corps Projects Continued 3 could perhaps be used to construct some of the paths. This project is perhaps complicated by the property ownership and the number of parties involved. In addition, fisherman Merle Neubauer has expressed interest in seeing that the west side of the embankment be considered as it is the more popular spot for those that fish in the area. The west side is owned by the University. The conclusion of the sub -committee is that the west embankment should be cleared of scrub trees during the summer of 1989 and that access, erosion control, etc., should be given serious consideration in the future. As the ownership of the Harrison St. right of way is truly established, any immediate efforts should be concentrated in this area. Priority: 5 Crandic Park Along the Crandic Park embankment it was noted that existing slabs of rock should be broken up into smaller pieces and repositioned to provide good bank stabilization. Priority: 6 Proposed costs of projects: Original Proposal: $8,478 CCN Recommendation: $4,325 Mayor's Youth Recommendation: $4,907 Please note that the $4,907 is a match for the State of Iowa, Department of Economic Development grant (Iowa Conservation Corps.) and does NOT include materials and supplies. Prepared by: Peg McElroy 4D -2\O1\89 OLN\FINAL Mr. Chuck Schmadeke Director of Public Works City of Iowa City 103 E. College St. Iowa City, IA Dear Mr. Schmadeke: E,S, McCollister 2313 Tudor Drive Iowa City, Iowa 52240 (319) 337.2450 February 23, 1989 I an certainly one who expresses his disapproval on items of government service or policy that he does not agree with. But in this case I want to tell you that I think the various functions under your supervision per- form in an outstanding manner. I admire your refuse pickup operation. I have never seen a crew that hustles the way they do, and they are thorough: nothing left behind when they do their work. And they are courteous and friendly. Today there was a broken water pipe in front of my house. The people were there early and despite the sub -zero temperature had it fixed in an hour or so. And then they very thoroughly put salt on the sidewalk and sand on the street. A 100% job in every respect. Finally, on the matter of water. Many people, I am sure, notice that water and sewer bills have gone up. In my working career I have traveled to a num- ber of countries with an impure water supply. To me, pure water and good sanitation are the absolute cornerstone of a civilized society, they are the number one priority, and no price is too high to pay. I am glad to pay the bill as a resident of Iowa City and I see no reason why the federal govern- ient should contribute. It is our local responsibility. llith much appreciation, Sincerely, _7E. -15, MGC�sz, Ed McCollister February 23, 1989 Jean Soper Cater 325 N. Seventh Ave. Iowa City, Iowa 52245 Dear Ms. Cater: CITY OF IOWA CITY The Interim Board of Directors for the Non -Profit Organization for public access management wishes to encourage your continued interest. You are invited to our next Board meeting to take place in Classroom N1 of the Senior Center at 7:00 p.m, on Tuesday, February 28. Please use the Washington Street entrance. We will be listening to several experts in the field give their impressions of public access potential for our community. On March 4, a workshop will be conducted by Sue Miller-Buske, a public access consultant retained by the City of Iowa City. The purpose of the workshop will be to orient Board members on various aspects of NPO access management. You are invited to attend as observers at this workshop to be held at the Iowa City Senior Center, Classroom N1, from 9-12 a.m. and 1-4 p.m. on Sunday, March 5. Please enter through the Washington Street entrance. Coffee, doughnuts and croissants will be available. Lunch will also be provided. Below are listed a few of the areas that we can anticipate working in. If you have an interest in any of these or others you wish to specify, please indicate by checking all that apply. _ Bylaws and incorporation _ Transition from private to NPO operation _ Facilities and equipment _ Short- and long-range planning Grant writing and fund raising Other (specify) In order to prepare for our March 5 workshop, we would like to know if you will be able to attend. _ Yes, I will attend. _ No, I cannot attend. Name: Day Phone: CIVIC CLNTER . SIO LAST WASHINGTON STREET • IOWA CITY. IOWA 1:740 • (II4) ISh.SOnu of�-o -2 - Please return this letter to Drew Shaffer, Broadband Telecommunications Specialist, Civic Center, 410 E. Washington Street, Iowa City, Iowa 52240. We are grateful for your interest in forming a public access corporation to serve our community and look forward to your active involvement. Sincerely, Dan Daly, Acting Chairperson Interim NPO Board of Directors cc: City Council Interim NPO Board of Directors Broadband Telecommunications Commission Drew Shaffer, BTS Dale Helling, Assistant City Manager Bill Blough, Heritage Cablevision John Hess, Director, Community Programming Center Lolly Eggers, Director, Iowa City Public Library Dewey McGuire, Iowa City Public Library NPO Representative bj/Pc2 s I THE NEW YORK TIMES, TUESDAY, FEBRUARY 14, 1989 Careers) Elizabeth M. Fowler Growth Seen In Ecological Economics OUNGER economists are In. creasingly aware of the world's Ing of ways to wive them, uld Dr. Paul Ehrlich, a professor of blologl- cal amlences at Stanford University. He contends that an older genera- tim of "mainline economists" have become "more and mon on the do- fe ative." But, he added, they have in - nuance In political circles. Professor ErHgh believes that, a mew brood of ecnw mtats" can help to find answers to serious ecological questions, much as i how much land can ba developed Without endangering wlidlffe, how can air pollution be controlled and �should us dangerowaste be hat► • "We Goll iw have been trying to. vel of the world Is aintoD d started ts by whet arse," hie sod�"Natur l monurocm arenot tnf nits." Professor Erhllch pointed cut that both ecology arid economics have the tame rent — stn — stemmine rmm to i cs to human dd. "We must to breathing as He would like tome ecology taumthht in the badn e Welledu)))ration courses that aro often required for college freshman. That word help to inatillecological values in students. You can major in environmental e" mmkotow,brtitshouldbemarc brood -based and embedded N every- one's thinking," he said. Bridges are bhang built between aoologtsta and economists, Dr. Ehr- Itch said. One speaker at Stanford re- cently was Dr. Herman E. Dalyy, sen- ior environmental economlm r the World Bank. Companies arc taking more Interest In ecology, he said. For example, the General Motors Corpo- ration's amomlcs team Is headed byy Marina V. N. Whitman, who speclal- lus in forecasting and monetary matters. In 19911, G.M. added Dr. George C. Eads to deal with safety and the environment. Dr. Lester B. Lave, professor of economics In the Graduate School of Industrial Administration at Carne. gio-Mellon University, agreed that economists are too complacent about environmental problems." Many older economists think there "Isn't any problem In terms of eco- nomlcs;" he mid. Textbooks for freshmen have not been updated much to Include material on the Im- pact of air and water pollution and de- atructlm of maims] species. Thirty years ago economics me are took required rquroes In history of economic lhaughL Macroeconomlps (forecaaUng employment, spending lee (dealing with Industry -level pmbb lems). They could .select !mm ■ menu: labor relations, corporate fl. of two or three classes, not courses, to externalities like ecology," Dr. Lave said. "Now at undergraduate and graduate levels you will find courses In environmental economics. Imelklt complacency of my graduate training was wrong when we come to this kind of Issue — ecology. It Is clear that them external factors are In mind focus today„ Perhaps the change— a slow am— dates to the late 1950'p and early Ws when, as Mr. Lave Mid, the public learned about environmental prob. lems through ben sellers by the lata Rachel Coram and other anthem. Yet he does not think that proopec. five economists should take mon economics courses just to study eooL ogy.related blues. "One of myprW lems with undergraduate lmJars,• Dr. Lave amid, "Is that they av I* qulred to take tan many mars" He suggested that a hater Ing of material that has bemrem less Important, like Iebor ick and the quantitative theory of "My fellow economists the Ar socletim of Environmental and Ra source Ecenemtsts arc trying to make models of the effect of variate human activities on the ehvkonmest "When i went to graduate school In we shaid do," he se1Q I 19110-19119 we probably devoted a total progress is heft made. WILL J. HAYEK (1800.104)2( JOHN W. HAYEK C. PETER HAYEK C. JOSEPH HOLLAND JAMES C. LAREW DAVID E. BROWN Grr ( Ir, n l:,o HAYEK, HAYEK. HAYEK & HOLLAND ATTORNEYS AT LAW BREMER BUILDING 120% EAST WASHINGTON STREET IOWA CITY. IOWA 52240-3976 February 28, 1989 Iowa City City Council Civic Center 410 East Washington Street Iowa City, Iowa 52240 Re: Court of Appeals Decision in Ewoldt Case Dear Honorable Mayor McDonald and Council Members: ?c?n AREA CODE 210 337.9606 I am pleased to report to you that on February 23, 1989, the Iowa Court of Appeals filed a decision in favor of the City of Iowa City in the case of Nancy L. Ewoldt, as Administrator for the Estate of Steven Scott White, versus City of Iowa City. This was a lawsuit against the City as a result of the murder of Mr. White by David oppelt on May 27, 1981. The City was dismissed from this lawsuit after the Johnson County District Court sustained a Motion for Summary Judgment filed by the City. This District Court Ruling was appealed to the Iowa Supreme Court. The Iowa Supreme Court transferred this appeal to the Iowa Court of Appeals which rendered its decision last week. Enclosed please find a copy of the Court of Appeals decision. The appellant has twenty days to apply for further review of this decision to the Iowa Supreme Court. In the event that further review is requested, I shall keep you advised. Please feel free to contact me if you have any questions about this matter or if you require additional information. Sincerely yours, L dE. Bon DEB:mem Enclosure cc: Stephen Atkins, City Manager Terrence Timmins, City Attorney Ken Stock, Acting Police Chief X03 LFILED IN THE COURT OF APPEALS OF IOFEB 2 3 1989 X SUPREME CCiRT NANCY L. EWOLDT, as Administrator ) for the Estate of STEVEN SCOTT ) WHITE, Plaintiff-Aopellant, ) Vs. ) CITY OF IOWA CITY, ) Defendant -Appellee. ) NANCY L. EWOLDT, As Administrator ) for the Estate of STEVEN SCOTT ) 0_280 WHITE, g7-2001 Plaintiff -Appellant, ) vs. STATE OF IOWA, ) Defendant. ) Appeal from the Iowa District Court for Johnson County (Nos. 46052 & 47419), L. Vern Robinson, Judge. Plaintiff appeals the ruling of the district court granting defendant's motion for summary judgment. AFFIRMED. Peter H. Lousberg, of Lous5erg, Kopp & Bonnett, Rock Island, for plaintiff-appellant. F1 John W. Hayek and David E. Brown, Iowa City, for Hayek, Hayek, Hayek s Holland, for defendant -appellee Iowa City. JJ. Considered by Oxberger, C.J., and Donielson and Habhab, 3 OXBERGER, C.J. Plaintiff appeals the district court ruling granting defendant's motion for summary judgment. Plaintiff claims: (1) the district court improperly granted defendant's motion for summary judgment; (2) the court did not appiy the correct standards of due care; (3) the police department had a legal duty to detain citizens for the orptection of a third -person; (4) the city had a legally recognized duty to the decedent; and (5) the risk of harm was foreseeable. Our review is for the correction of errors at law. Iowa R. App. P. 4. Findings of fact by the trial court are binding upon this court if supported by substantial evidence. Iowa R. App. P. 14(f)(1). Evidence is substantial when a reasonable mind would accept it as adequate to reach the same findings. Norland v. Iowa Deo't of Job Serv., 412 N.W.2d 904, 913 (Iowa 1987). Evidence is not insubstantial merely because it would have supported contrary inferences. Id. We affirm. Plaintiff Nancy L. Ewoldt is the administrator of the estate of Steven Scott White, who was her son. On the evening of May 26, 1981, David Oppelt came to the Cr; --'s Center in Iowa City and asked to be taken to the mental health institution in Mt. Pleasant. Oppelt had a history of mental illness. Volunteers at the Crisis Center, described Oppelt as talking and moving slowly, his eyes ZLA R 4 were unfocused, and he was "shaky" and "out of it." Oppelt was advised to go to the Iowa City police station to see if transportation could be arranged. He asked the desk clerk, Donna M. Bogs, for a ride to Oakdale Hospital. Bogs assumed that he wanted alcohol treatment. Mo police officers were free to transoort Cooelt and he was told to return to the Crisis Center. The center contacted Oopelt's psychiatrist and were told nothing could be done for him. Oppelt then left the Crisis Center. About twenty-four hours later Oppelt murdered Steven Scott White. Plaintiff brought this action against the City of Iowa City claiming it had breached its duty to protect White from Oppelt. The city filed a motion for summary judgment and the district court granted the motion. In deciding whether summary judgment is appropriate, we apply the standards which have been set: Summary judgment is proper when there is no genuine issue of fact and the moving party is entitled to the judgment as a matter of law. The burden of showing the nonexistence of a material fact is upon the moving party. While an adverse party generally cannot rest upon his pleadings when the moving party has supported his motion, summary judgment is still not proper if reasonable minds could draw different inferences and conclusions from the undisputed facts. In this respect, summary judgment is functionally akin to a directed verdict; every legitimate inference that reasonably can be deduced from the evidence should be afforded and nonmoving party, and a fact question is generated if reasonable minds could differ on how the issue should be resolved. Behr v. Meredith Corp., 414 M.W.2d 339, 341 (Iowa 1987) (citing Knaoo v. Simmons, 345 M.W.2d 118, 121 (Iowa 1984) �fo3 5 (quoted in Martinko v. H -`1-W Assocs., 393 N.W.2d 320, 321 (Iowa 1986)); see also Brubaker v. Barlow, 326 N.W.2d 314, 315 (Iowa 1982); McCerney v. Des Moines Register 5 Tribune Co., 239 N.;;.2d 152, 154 (Iowa :976); Iowa R. Civ. P. 237(c) ("The judgment sought shall be rendered forthwith if . . , there is no genuine issue as to any material fact . . . ."). ADpellant asserts that the city is responsible for the death of Steven 'White for failure to take David Oooelt into custody on the night of May 26, 1981. Appellant also asserts there is a statutory duty under Iowa Code section 229.22: 10.. any peace officer who has reasonable grounds to believe that a person is mentally ill and because of that illness is likely to physically injure the person's self or others, if not immediately detained may without a warrant or cause that person to be taken to the nearest available facility." Negligence is a common law tort that is generally defined as conduct that "falls below the standard established by law for the protection of others against unreasonable risk of harm. Restatement (Second) of Torts, section 282 (1965). The threshold element of a negligence action is a duty or standard of care owed by the actor to the victim. See Wilson v. Nepstad, 282 N.W.2d 664, 667 (Iowa 1979). A statutory duty or standard may thus establish an essential element for a negligence action; however, it does not provide the cause of action. Seeman v. Liberty :Nut. Ins. Co., 322 N.W.2d 35, 37 (Iowa 1982). ZZA a {4e have not recognized a duty in this state as the one proposed by the appellant. Restatement (Second) of Torts, section 315 provides: There is no duty to control the ccnduct of a third person as to prevent him from causing physical harm to another unless there exists a special relation between the actor and the third person which imposed a duty upon the actor to control the third person's conduct, or a special relation exists between the actor and the other which gives the other a right to protection. Appellant contends the police department has a legal duty to detain a person who appeared in a mental or physical condition similar to David Oppelt's on May 26, 1981. "No jurisdiction recognizes liability of government or its law enforcement officers for failure to prevent crime absent a special relationship between the police and the victim." Police Liability for Negligent Failure to Prevent Crime, 94 Harv. L. Rev. 821, 822-23 (1981). The victim of crime the police might have prevented through reasonable diligence cannot recover because, absent a special relationship creating a duty, the police did not owe the victim a duty of care. Id. at 824. The City of Iowa City had no legal duty to detain David Oppelt nor to transport him to an alcoholic unit at Oakdale Hospital. We also fail to find David Oppelt's physical or mental condition or his request to be transported to the hospital to create a special relationship. See Restatement (Second) of Torts, section 315 (1981). 11�0.3 VA Appellant also contends there was error in finding the risk of harm in this case was not foreseeable. Negligence is a matter of relation between the parties which must be founded upon the foreseeability of harm to the injured person. Palsgraf v. Long Island R.R. Co., 162 N.E. 99 (N.Y. 1928). See also Restatement of Torts, section 281. David ODoelt's appearance on the night of May 26, 1981, was described as "shaky" and "out of it." He did not appear dangerous or violent. He was able to communicate with persons at the police station and at the Crisis Center. We find his action of murdering someone was not foreseeable. our review of the record, even in a light most favorable to the appellant, fails to reveal a genuine issue of material fact. We find no duty exists here and thus appellee Iowa City is entitled to judgment as a matter of law. We affirm the trial court's grant of summary judgment. AFFIRMED. lfo3