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
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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
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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.
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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.
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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.
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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.
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Map 22 Segment 2
Proposed River Walk
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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
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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