HomeMy WebLinkAbout1989-10-24 Info packetCity of Iowa City
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MEMORANDUM
Date: October 19, 1989
To: City Council
From: City Manager
Re: Yard Waste Collection and Disposal
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Attached is a proposed yard waste policy and financial analysis that would initiate, and in our
judgment fully satisfy, the requirements of the state law with respect to yard waste disposal.
The DNR has not issued regulations and in fact, we understand that the regulations may not
be forthcoming until after the State Imposed deadlines. Given the necessary lead time to
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purchase heavy equipment and construct the compost facility, we have no choice but to
proceed and hope for DNR approval. As you are aware, by July of 1990 yard waste must be
collected separately. In order to satisfy our local refuse collection and disposal responsibilities
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as well as to provide disposal policies to satisfy the requirements of the law the attached
proposal Is offered for your consideration. A critical element to your policy review is that the
compost/landfill component of the proposal is intended to allow all current users to continue
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as long as they fulfill state mandates concerning yard waste.
One fact often overlooked in the development of programs of this nature is that Iowa City
provides a landfill service to many other jurisdictions as well as businesses and industries
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throughout Johnson County and Washington County. The City's collection policies and the
volumes of waste disposed of at the landfill represent approximately 15% of total volume and
therefore a collection program that may be fully satisfactory to our community's expectations
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may not provide a viable alternative for other jurisdictions. Each jurisdiction using the landfill
must design their own yard waste collection/separation program, recognizing the City's disposal
policy, as reflected in the attached proposal. I bring this point to your attention so that in
evaluating the proposal we remain aware that collection and disposal of waste requires very
separate and distinct policies, collection being decided by each user, and disposal, a policy
clearly guided by the City Council
I have scheduled this matter for discussion at your informal session on October 23.
Yard Waste Policy
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Pollcv
State laws separate yard waste from household and other wastes.
same to apply to all users of landfill.
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Local Issues - curbside
convenient means of source separation
encourage participation
mandatory
need to develop enforcement provisions
landfill
best technology for compost operation`
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final compost product available for use by many
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no plastic
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clean yard waste only
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landfill/compose to be designed to accommodate all current
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users
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do. we consider compose for sale and/or use as daily cover
material?
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a
best use1
of personnel
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available for other recycle opportunities, e,g, plastic Jugs
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snow maintenance
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Yard Waste Operations
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Total, annual tonnage at landfill - 110000 tons
(all users of landfill)
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Yard waste estimates - 20% of total tonnage 22,000 tons
City crews service 11,500 households in Iowa City
CI hcrews pick, up 15% of total tonnage 16,500 tons
(15% of 110,000 tons)
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City crews pick up estimate of yard waste in Iowa City 4,400 tons
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Yard Waste Pick-up Policies
t. Yard waste will be picked up at the curb on normal refuse pick-up days.
2. Yard waste service will be provided at the curb to each household currently receiving
refuse service.
3. Yard waste service will be provided by separate collection crews and equipment (packer
trucks).
4. Each household Will be required to separate yard waste from other household wastes.
This will Involve the physical separation. of the refuse material (yard waste from
household waste) In separate containers (plastic -bags, metal/plastic/paper containers,
etc). Additionally, at the curb, the yard waste and household waste must be separated
(spaced apart) for easier recognition by our refuse collectors. Yard waste containers
are to be Identified by tape markings. Tape to be Initially provided by the City, to refuse
'Z customers, and available for sale at Civic Center and hardware stores. etc. (hoDefullv)
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Recognizing that yard waste collection may occur at a more rapid pace than routine household
waste collection, plastic jug recycling has been scheduled
as part of their routine collection
responsibilities. Additionally, the employees will be available for landfill work as assigned and,
when appropriate, as we undertake expanding source separation and recycling Initiatives, work
schedules can be modified, based on experience,
to meet new initiatives. Early work effort will,
however, be directed at fulfilling state and federal mandates according
to local policy Initiatives.
It is further recognized that yard waste can be seasonal in its volume, and therefore in
addition
to landfill maintenance, crews can serve in a stand-by capacity to assist in snow removal.
Following experimentation, an opportunity
may exist for increasing the number of snow removal
routes; and thereby service to the motoring public. These services,
when initiated, will be
financed from General and Road Use Tax funds as appropriate.
Landfill Operations - Yard Waste Compost
Construction o/ Co moost Site at Landfill
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To be designed to accommodate all current users of, the landfill (22,000 ton capacity) in
'accordance
with best available technology.` This plan does not Include ability to significantly
expand
our user base (more landfill customers, whether individual or other jurisdictions), ;Costs
could be reduced if other Jurisdictions choose to have their own compost/yard waste programs.
These Jurisdictions would be required to satisfy all State DNR
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licensing requirements if they
were to choose not to use the, Iowa City landfill.
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Site grading -
Construction of concrete compost base pads - $ 5'000
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Const ruct drop-off pad and storage bin - 72'000 I
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Leachate collection and recirculation system - 5,400
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Storage lagoon for leachate - 25,000000
Fence • 20 20000
Equipment storage/office/restroom •
83,000
Total construction estimate •'
$23164
Assume ten year replacement of capital expense
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Estimated annual cost • $36.000
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Equipment Purchase for Comoost Site at Landfill
Capital acquisition costs: ,
Chipper (10 year replacement life) •, $ 15000
End loader (7 year replacement life) -
55 000 j
t
.__. _ A/3
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Windrow turner (10 year replacement life) -
72,000
Shredder/screener (10 year replacement life) •
66,000
Test equipment/tools -
1.800
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$242.8
Estimated Annual Operational Costs for Yard Waste
Compost
Construction of compose site -
$36,000
Major equipment annual operational costs -
$64,800
Chipper
$ 3,000
End loader -
24,000
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Windrow turner -
26,000
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Shredder/screener -
10 000
Test equipment/tools
kLeachate
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treatment •
000
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$14
Maintenance and other services -
$20,000
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Two (2) full-time employees -$47,000
Seasonal employees -
$6,000
Annual operational costs for yard
waste/compost process •
$187,800
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Total estimated annual yard waste at landfill -
22,000 tons
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(all users of landfill)
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Annualized costs for operating compostAandfill process -
$223,800
Construct compost site -
$ 36,000
Operations •
187.800
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$223,800
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Cost per ton to process yard waste Into compost at landfill - $10,17
$223,800 + 22,000 tons = $10.17 per ton
Total per ton of compost/yard waste processed -
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$10.17 Processing
2.50 State tax*
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$12.67 "
say $13.00
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*State tax to be Increased to $3.00 In FY92 and $3.50 In FY93.
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Compost process/yard waste disposal cost per household in Iowa City'-
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4,400 tons @ $13.00 per ton = $57,200
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$57,200 + 11,500 households • $4.97 per year
Cost to collect yard waste for Iowa City households = $15.27per year
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Cost to compost yard waste for Iowa City households = 4.97 per year
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Cost to collect/dispose of household waste - $66.00 per year
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(5.50 x 12)
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Cost to collect/dispose of household waste, yard
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) waste and related programs - $86.24 per year
Current per -month disposal cost - $5.50
Yard waste/source separation - 1_68
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$7.18
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Say $7.25
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i New per morith"household/yard waste refuse collection • 7.25
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BOARD AND COMMISSION PROGRAMS AND PROJECTS
FOR FISCAL YEAR 1990
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AIRPORT COMMISSION
1. Rezone airport property for, use as an airport industrial
park.
Apply for $280,000+ FAA airport improvement grant.
3. Develop plans to generate additional revenue for airport operations.
ANIMAL CONTROL ADVISORY BOARD
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1. Prepare bylaws and operating procedures for approval by each City Council.
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2. Conclude fund drive.
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BOARD OF LIBRARY TRUSTEES
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1. Develop and a
P a charge 9 appoint a facilities planning committee. �
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2. Establish operational p policies for the use of the new van to be purchased
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in FY90 from funds provided by the Optimists Club.
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3. Establish replacement funds for the computer system for the new van.
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BROADBAND TELECOMMUNICATIONS COMMISSION
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1. Prepare for the re -franchising process.
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COMMITTEE ON COMMUNITY NEEDS
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1° Committee to explore opportunities for low-income families to
purchase
affordable housing.
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2: Explore opportunities for local, women and minority business enterprises
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to more fully participate in the provision of goods and: services to the
city government.
7.
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rehabilitation and restoration of historic buildings. II l
'HOUSING COMMISSION
1. Continue to support expansion of the housing rehabilitation program as well r;
as encouraging private participation to achieve the goals of providing „w •!
clean, decent and safe housing for our citizens.
' HUMAN RIGHTS COMMISSION
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I. Generally expand outreach efforts as well as review 'City internal
administrative and reporting procedures, such as contract compliance,
affirmative action reporting.
2. Review non-discrimination ordinances and recommend revisions as necessary.
PARKS AND. RECREATION COMMISSION
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Establish a low income policy relating to fees and charges.
2.
Direct the development plans for the
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proposed parks sports complex adjacent
to the south treatment plant, and review referendum requirements.
3.
Determine use of Ryerson's Woods.
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October 12, 1989
a;.WAG'
CITY OF IOWA CITY
Mr. Larry Wilson, Director
Iowa Department of Natural Resources
Wallace Building
900 E. Grand Avenue
Des Moines, Iowa 50319
Dear Mr. Wilson:
Over the past year the representatives of Benton, Iowa,Johnson, Jones, Linn and Tama
counties have been working on a solid waste management plan for the East Central Iowa
Council of Governments. We, like many other individual and regional groups, recognize the
dimensions of the problem and the inevitable paths we will have to walk to help Iowa reach
and maintain the goals of the Groundwater Protection Act.
Man of us have va in de roes of skills in roblem identification and solvin in the consultant
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contract bid and management process and in the composition and execution of solid waste
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management comprehensive plans. Throughout the year the discussions I have had with other
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contract bid and management process and in the composition and execution of solid waste
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management comprehensive plans. Throughout the year the discussions I have had with other
local elected officials and their staffs, as well as with our state legislators, lead me to believe
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there is an awareness of a need from the Department of Natural Resources for not only
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technical support but contract or grant management technique guidance. Plainly put, our fears
seem to be: garbage in, garbage out. That which we are assiduously working on is being
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done without knowledge of state-wide criteria for evaluation. Lack of similar structures of goal
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and objective setting may easily lead our state to be compiling comprehensive plans of
dissimilar assessment and activities. No sooner will these plans reach your offices than Annual
Implementation Plans will be due and the whole procedure will evolve Into nothing more than
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heftily financed products of a few consulting firms,
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I have had sufficient federal employment in contracted grants procurement and management.
My husband was the recipient of a federal program in 1979 of the Intergovernmental Personnel
Act whereby federal employees are assigned for a year or less to state or private institutions
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for the mutual benefit of those parties. Therefore, recently I wrote the administrator of the U.S.
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Environmental Protection Agency, Mr. William Reilly, to inquire about this program's status. It
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seems to me thatahe Iowa Department oh Natural Resources needs not only an Increased
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operational budget, but an infusion of personnel experienced in the disciplines inferred in the
solid waste management "priorities; as well as those government employees well -versed in
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contract and grants management if even on a temporary basis for a continuing educational
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effort for our existing Iowa DNR staff,
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610 EAST WASHINGTON STREET 0 IOWA CITY, IOWA 91110 0 (110)1{6.5000 0 FAX 13161 156.1046
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Mr, Wilson
October 12, 1989
Page 2
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I am sure your staff is enthusiastic and eager to help local Tannin efforts but
9 P planning employee burn-
out is always a looming danger. Many media articles attest to knowledgeable government
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employees being lured into lucrative private consulting companies in the natural resources field.
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I would hate to see this happen. in Iowa. Copies of this letter are going to legislators in the
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Johnson County area, and I hope that all of us can put forth our best efforts to attain a healthy
environment in our state,
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Sincerely yours,
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Susan M. Horowitz
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Councilmember
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City of Iowa City
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cc; City Council
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City Manager
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Director of Public Works
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The Honorable, Mary Neuhauser
The Honorable Minnette Doderer
The Honorable Jean UoydJones
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The Honorable Robert Dvorsky,
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The Honorable Richard Vern
Ms. Perah Read, Chairperson
East Central Iowa Council of Governments A
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IOWA CITY AREA DEVELOPMENT GROUP, INC.
325 E. Washington. Suite 100, P.O. Box 2567, Iowa City, 1A 52244 31 9354.3939
Sincerely yours,
RECEIVECOCT :819827LeamerCt.
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Iowa City, IA.
17 October 1989
Mayor John McDonald
410 E. Washington
Iowa City, IA 52244
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Dear Mayor McDonald;
The area in which we live has been stuffing in more and more residents,
but it took the recent court case concerning the Neuzil property to wake us
up to reality. The traffic clogged streets are already a problem--imagine
the impact of hundreds more cars generated by further apartments built on
Neuzil land.
The Iowa city district involved already has the highest population
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density of any of the 17 districts. The ratio of people per acre is more
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than any of the other districts in the city. With university housing, the
stadium the fieldhouse, and the expansion on of universityhospitals and
sports complex immediately adjacent, we need to take a serious look at
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the crucial need for green space.
We invite you'to come over to this area and park your car, if. you can
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find a space; somewhere near the Neuzil 8 and 1/2 acres. Or better yet,
park your car on the Neuzil property during a home football game. Then
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take the time to walk the area and view the property from each direction
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of the compass. We are serious about this invitation and sincerely hope you
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will. Such a visit will tell you more in less time, and will also help you to
Understand the people who live in this area.
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Melrose Lake was captured and encircled by apartments, and has
become a less-then-lovely scum pond with no access to the public. Buying
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some of the property for a park was discussed then, but dismissed as being
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too expensive". Now, property is even more expensive, but there won't be
any left if we don't move quickly to buy at least some of the Neuzii
property for a pocket park. Let's think of ourselves, our children, and
future generations, and join forces with University Heights, Iowa City and
Johnson County to establish a park in this needy area for the benefit of
Sincerely yours,
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JOSEPH
COMPANY
5001 NORTH UNIVERSITY STREET / PEORIA, ILLINOIS 61614 1 TELEPHONE 3091692.1135 I �.
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October 16, 1989 j
Mayor John McDonald
23 Rita Lyn Ct.
Iowa City, Iowa 52245
Mr. Bill Ambrisco Ms. Karen Kubby
6 Mt. Vernon Dr. 802 E. Washington
Iowa City, Iowa 52245 Iowa City, Iowa 52240
Mr. John Balmer Mr. Randy Larson,
10 Princeton Ct. 625 E. Burlington, #1
Iowa City, Iowa 52245 Iowa City, Iowa 52240
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Mr. Darrel Courtney
Iowa City, Iowa
Iowa City,- Iowa 52245
Re: Westport Plaza
Dear Council Member: I 1
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The purpose of this letter is twofold. First, I wanted to
share with you a letter we 'just received from Judy Van Norden,
one of the self -described "small" people in, Iowa City. Judy
wrote this letter to us after I sent her a thank you note for her
article in the Iowa City Press Citizen. (Copiesofthese are
also enclosed.) I thought Judy's letter expressed what we
perceive to be the sentiments of a lot of private citizens in
Iowa City who (as is customarily the case) do not speak out in i
these matters. We appreciate Judy's sentiments, and thought you
would, too.
Second, we wish to bring you up to date on our project. A
number of people from Iowa City have contacted us lately and
asked if we had discontinued our efforts on the plaza. Since we 1
have not been working in Iowa City much in the last few months, i
we understand this concern.. However, in actuality we have been
working continuously on the plaza, but our work has been going on
outside of Iowa City. The engineers are finalizing the plans for
the center, and we have been working on obtaining tenants and the
UNIVERSITY SQUARE FONDULAC PLAZA BRANDYWINE VILLAGE
j PEORIA EAST PEORIA PEORIA
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BARTONVILLE SQUARE i
BARTONVILLE
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BARTONVILLE SQUARE i
BARTONVILLE
necessary financing. for the center. The zoning efforts in a
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project such as this are always more visible, but
.these
subsequent activities are equally important and are carried on
for the most part from our "offices in Peoria. Please do not
mistake our absence from Iowa Cityfor inactivity; the fact is,
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matters are proceeding very well. We are still hopeful of a 1989
groundbreaking and late summer, 1990
g r, opening.
We will continue to keep you apprised of our progress. In
the meantime, should you ever have any, questions, please do not
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hesitate to • call.
Yours very truly,
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Michael J. Wisdom
Vice President.and General Counsel
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Enclosures
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. cc: .Stephen Atkins (w/encl.)
Patt:Cain'(w/encl.)'
Karin Franklin (w/encl.)
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Yours very truly,
Michael J. Wisdom
Vice President and General Counsel
UNIVERSITY SOUARE FONDULAC PLAZA BRANDYWINE VILLAGE
,•, _ I PEORIA- EAST PEORIA PEORIA
JOSEPH
COMPANY I, "11111111111
5001 NORTH UNIVERSITY STREET I PEORIA, ILLINOIS 61614 1 TELEPHONE 30916824135 '
September 15, 1989
Judy A. Van Norden
1008 19th Ave. Ce
Coralville, Iowa 52241
Dear Judy:
1,
I just finished reading with interest your article in the
Iowa City Press 'Citizen concerning the shopping center which our
company is developing on Highway 1. -I thought I would let you
know that I found your article very insightful and, quite well
written.
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We have always felt that we are bringing a healthy, positive
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addition; to Iowa City's already.strong commercial economy, and, we
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have been quite surprised ' at the 'controversy hich
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raised concerning this development. From what we have heard and
great
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read in the Iowa Cit media there is a dealhas
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misinformation being disseminated by the opponents of: the center.
We find it very gratifying when people such as yourself take the
time to.address.the issues in a realistic, factual light.
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Thank you for showing the interest and. taking the time to
express your opinions about the center.
MJW:jj
Yours very truly,
Michael J. Wisdom
Vice President and General Counsel
UNIVERSITY SOUARE FONDULAC PLAZA BRANDYWINE VILLAGE
,•, _ I PEORIA- EAST PEORIA PEORIA
New mall iOl'.rovid� ob
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IF Ilkr fa 044. (Am.pt
sboyt tM Mw U41ars �tAlnit
DoG't
basil. tIs
an use u.
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pa�{� nalya we sand tam j
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c MNd u fit trfP�rsN, ! dpn't tbtak
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lnd a Iltswigg pard in order p :
Owt (,et'a draw mare shoppers u ;
it's going to jeopardixe say business
Wat'a
.. ora 6Y 6sYlpg a0mpsytlae. iah
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almady here. A It does, It's only
8olpg to be the Onea hurting now They
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• sot at the surrounding towns. Aov
many �toree do they have? Let's nsmt
wW be 0{{t a( 5ealpeae Ill tbC next [al►
IF tebathar there les Mew mall or
K t!
. Some .� $barons Center, Alda, Aiv
: aralde,'Une Ttwe. Solos, Ely, Nora
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Mot.
Baaides, how many students will this
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Idberty {wisher, W@Umsn, Oxford —
where do they 8o to °bop?
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soap Platt hire?
I have lived In the rural area far e[
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There Is a big Issue that Everyone Is
forgettla : yo le want em.
P•oP
J• MOR EN
Guist Opinion
Years. MY friends and family went it
�•r Rapids and Davenport where
there was competition.
ploymeM Tills • A college town,
whether some pesplt see a as one or
And they still
8o k Wean towns; I've sults been in the
not. In •ddttlon, people from nearby
towns Alae easel employment.
Ef merchandise fall counters, not
smPlY spares. Also;
downtown man once since a has been
• built, so wbers do I go?
This mall, I believe, will hire around
ws need a'Wal.
Mart for competitionhan, for carrying
that
LA's draw these people Brad We dui•
lar° they generate to our area. Every.
60o people. Wouldn't that be great, to
kenp
la advertised, for
ower (Ilse
one should know a a person drives to
our young people busy with jobs?
Md what about We unemployment
eongo�ng tea�jepeCB
one area to shop In one store, they will
probably atop at one
We? Wouldn't the mall help that, too?
I hope Were people who are opposing
�tyey
Wal-Mart will coma Gere? Didn't a lot
or two more
places.
Someone told me he listened to
the map t61nk about this.
Mother
of people say when Econofoods came
put
ttEhaat lenano[Atown?
a
businessman talk to the council saying
Issue lathe Wal-Mart. What
wrong witha Wa1-Mart? Are its op.
outf business
Those stores are BU In business, Md
Iowa he co m sure a 1 tonot hurt
o[ people
ponentsU
muk*u scared? ea ao, why? Is Weir
markup that great? We need cam•
what was the tall about Target when it
came to town? Wasn't it
agree with him. Expansion won't hurt i
al
a healthy business area. It will only
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Petitionwherever we go• We need it
here for a better, more eomplete line
that they'd
put Kmart out o[ business? Well, they
are still Were,
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Judy d VanNorden Eves In Cur. (
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What causes a pothole?
The word pothole brings
forth the painful image of that round Awcrrl
crater in the middle of the street 0
whose sharp edges play havoc with G /
our car's tires, steering, and shock Q
absorbers. For the sake of our
discussion, let us expand our
definition of pothole to include any xAW(frLyr
Pavement defect that causes
noticeable impact on your automobile
and driving.
Simply stated, potholes are caused
when the pavement or the material
beneath it — called the base or
subbase — can't support the weight
of the traffic it carries. Two factorsJh
are always present in such a failure:
WATER and TRAFFIC.
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Typically, water seeps into the �.
subbase either through cracks in the
surface or from standing water along tiOLF i
the side. If the water is Improperly I
drained, it can soften the subbase,
much like dry, hard ground softens to
mud. Over a period of time base
material can shift or ooze to the side, ! i'
leaving nothing to support the r
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a pavement above it. After awhile, iii
repeated poundings of trafficcause the pavement to weaken,seriously crack, antl ultimately cave '
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in.
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S In cold climates the process may
b be dramatically accelerated due to
! freeze/thaw action. The water In the
subbase freezes and, like the milk a
the porch in winter, expands, pushing
on
the pavement above UP. A flexible
tipavement may swell slightly In melts, causing the subbase to
response. A rigid pavement may contract and soften, often leaving a
k crack. If the expansion forces are void behind. The pavement, cracked
severe, a piece of the pavement may by winter's expansion, deteriorates
actually pop dull quickly under the load of traffic and
+' Come spring, or during any ultimately caves in. The streets seem
warming trend for that matter, Ice
� to break out in potholes overnight.
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Secondly, we will need to answer the question as to whether a performing arts facility would
be Intended to be primarily for community participation in the arts (Involvement by local theater
groups/artists) or be designed and marketed more for spectator purposes, that being to market
and promote the center to bring in outside theatrical talent to perform. There is the option of
some combination, but this fact must be understood early on in the project planning, for it
could significantly affect any design considerations, particularly seating capacity and the
technology applied to stage and performance facilities, etc,
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City of Iowa City
MEMORANDUM
Date: October 23, 1989
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To: City Council
From: City Manager
Re: Proposed Arts Facility
The City Council directed that I develop a variety of scenarios and other information pertinent
to your analysis of a possible community arts facility. The following represents a very
preliminary overview of the most basic of issues associated with the decisions concerning such
a facility. Having been involved in the development of a small performing arts center (440 -
seat theater/art gallery), I am aware of the excitement and community interest that can be
generated for a project of this nature. While enthusiasm for such a project will be important
to its "overall success, particularly if a referendum is required, a number of very basis
policy/project planning issues need to be addressed early on. Of particular importance will be
assurance that those likely to use the facility are truly committed to a joint planning,
programming (sharing) of the available time and space represented by the facility. I believe
we can assume there is general interest, especially among those representing the arts
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community, or the project proposal would not have reached the stage whereby an endorse-
ment was provided by the Chamber of Commerce. However, I believe we need an extensive
review of the survey information and any other pertinent data to determine the depth of
community interest.
Secondly, we will need to answer the question as to whether a performing arts facility would
be Intended to be primarily for community participation in the arts (Involvement by local theater
groups/artists) or be designed and marketed more for spectator purposes, that being to market
and promote the center to bring in outside theatrical talent to perform. There is the option of
some combination, but this fact must be understood early on in the project planning, for it
could significantly affect any design considerations, particularly seating capacity and the
technology applied to stage and performance facilities, etc,
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A third issue will be the consideration of the project location, likely to be a complex decision
due to the many options available. Additionally, the project location and the prospective
development possibilities (in combination with private space, strictly a public building, parking,
surrounding land uses, etc.) will be critical to a successful project.
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An early decision to determine whether a downtown location is the most desirable would be
helpful to project planning. Downtown is thought of as a natural for such a project and does
represent a unique opportunity to continue to build on the character and quality of our
downtown. Simultaneously, it also presents a number of development issues as well as
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programming concerns. Conceptually, the downtown location would be in keeping with the
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already significant public and private investment that has occurred. There will be a number of
negatives, particularly the availability of parking and the cost of land. If the project is to involve
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a broad community participation type of usage, that is a number of groups wishing to call the
arts center home, each will seek its own storage and other "space" at the center. We may find
ourselves in the position of assigning downtown land and thereby limiting its development
potential, due to the need to create storage within the arts center. In that the land and
development costs are likely to be more expensive in a downtown location, a serious question
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as to the productive use of land for strictly storage and related use would be economically, a
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questionable use. If it is to be a community theater in the truest sense, those that will use the
building will need rehearsal and other non-productive time assigned for what could be a
"expensive" project. Such non-productive time and the costs associated with it will again
require a very close scrutiny of the programming, sharing, marketing, etc. and all other related
critical decisions that would affect the downtown location.
Other locations throughout the City would more easily accommodate parking and would likely
be less costly with respect to capital construction. That is, locations outside of the downtown
area would have less costly land, more open space for parking, and accordingly may actually
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increase the variety of groups that might use the facility and allow for their own particular
space due to the reduction in cost and thereby minimizing those costs that need to be passed
on for those wishing to utilize the arts center.
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A question arose as to whether we can incorporate within our last urban renewal parcel project
plans for some type of public space, as suggested by a community arts facility. This is
certainly an option and public space has been considered informally throughout our
discussions associated with the future marketing of the urban renewal parcel. As we begin
discussions concerning the use of the urban renewal parcel, you may wish to incorporate a
general public space commitment into your discussions about the future marketing of the
parcel. It is generally felt that to market the parcel effectively, some type of a mixed use would
be best. This would allow a greater discretion on the part of a prospective developer and
thereby improve chances for incorporating public space into the project plan. A joint use of
the performing arts space could also be a component of a prospective commercial project or
art of a publicly funded project such as has been suggested eb some type of convention and
exhibition enter. Public ownershi of the overall project would allow us the greatest discretion
that is, City assume complete development responsibility.
Other downtown options include consideration of a location in the south of Burlington area
and thereby Incorporate a community arts center into the "downtown neighborhood" concept
we are attempting to create with respect to the south of Burlington area. There may be some
merit to securing a development site in the south of Burlington area. We must be assured that
the introduction of this type of land use is compatible with the overall Project planning for the
area. The details of a work program are now underway and hopefully within the next few
months we will have an opportunity to review concepts for the south of Burlington downtown
neighborhood project plan.'
Another option would be the repurchase of the Old Library. Without sounding too critical, a
cursory review of the existing development agreement indicates it has severe limitations.
There are numerous legal questions to be answered, but it does appear that the very limited
nature of the development agreement and my understanding of a policy at the time, that being
the City Council wished to place the property back on the tax roll and thereby fulfill a public
commitment, will lead to a number of complex decisions, As a separate Issue, a thorough
discussion of the Old Library, establishment of a formal legal position whereby we may
challenge the development agreement and other matters, will need to occur if you would wish
the property be considered as a future public building. it is likely we could re -purchase the
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property; however, a number of policy positions need to be established, particularly if it is to
be considered for a future public use. Although I have only reviewed the property briefly, it
does appear that it could be satisfactorily designed to accommodate some type of public arts
facility.
The financial obligations need to be approached with some caution in that I would be hard-
pressed to recommend a commitment of any general tax revenues to this project due to
property tax limits imposed upon us by the state and the general financial condition of the City.
i I can speak with some confidence that our financial condition with respect to financing our j
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overall public service responsibilities appears sound for the reasonable future, assuming the
state does not provide us with some dramatic new obligation. There are two other financial
opportunities available to us, that being an additional 20 for a hotel-motel tax as well as a -- I
13.50 property lax for use by artistic/cultural groups. Both would require voter approval. The
20 would generate approximately $100,000 per year and the 13.50 would generate $150,000 I
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from property tax revenues. We have adequate bonded indebtedness capacity to allow for the
pursuit of a capital project of this nature; however, such funded indebtedness needs to be .
planned in accordance with other capital needs and it would require an increase in property
taxes. As you will recall, when the voters approved the swimming pool referendum, it hit at j
` a time when our debt payments were at a high point and thereby the property Ytax increases
were dramatic. Capital planning needs to be undertaken early on to hopefully avoid
similar I j
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circumstances.
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With respect to financing, I would also encourage our community to discuss this matter with i
jother governmental jurisdictions, particularly it the hotel-motel tax/convention center idea is to i
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be pursued. I suspect Coralville would share a very similar interest in that the marketing of our }
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community for a conference meeting center would have direct financial impact upon the many
hotel/restaurant facilities located in the City of Coralville.
Additionally, if we are to pursue a public debt to finance this project, as I have Indicated, it will
require a public referendum. Please keep in mind that another project is now wending Its way
through the policy review network, that being the proposed park adjacent to the south }
! treatment plant. It, too, will likely require a public referendum,
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All In all there are a variety of options that well need to be considered with
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respect to the
constructionof any type of arts facility. Hopefully the above information
will serve as the
groundwork for your future discussions.
' >
SJA/sp
cc: Wally Chappell
Bob Quick, Chamber of Commerce
Department Directors
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915 s. dubuque • ioma city, ioma 52240 0 319.3%6004
tom elockett
johnaoa county auditor
commissioner of elections R E C E I V D OCT : g 1989
hY voter registration
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October 18, 1989`
Honorable John McDonald
Mayor of Iowa City
410 E. Washington St.
Iowa City, Iowa 52240
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Dear Mayor McDonald:
On September 18th I requested the advice of the County i
Attorney as to whether I am authorized to place on the ballot a
'
special election to be held in conjunction with the November 7,
1989 Iowa City General Election as requested by the City of Iowa
City. Enclosed is a -co p received today.
py-oP-therea response.I r
No direct answer has been given to my" question of
authorization. -This, is apparently due to the concern of the
County Attorney about the legality of Iowa City's" charter
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referendum provision for."which he waspreviously an advocate as
`
councilperson at the time the charter was written and adopted. 11
'appears
He to. feel that this places him in a conflict of al'
interest, unable to answer whether I have the authority to place
.
the special question on .the ballot.
t.
fAnother reason he did not answer it is contained in the
following paragraph: "As the answer to your question needs
ultimately to be resolved in Court, I would also argue that an
opinion is not likely productive."
Thefinal states
punder 8pAministerial etinrcertain
that my duties r chapter 47unare
instances including with regard to elections "called by a
political subdivision". However this quote appears to be taken
from section 47.2(2) Code- of Iowa which relates only to-
'.
,a
political'subdivision "located in more than one county" and only
with regard to which county auditor should conduct the election.
Section 47.6(1) seems more applicable. This section instructs
Political subdivisions such as cities in notification of the
County Auditor with regard to special elections. Section 39.2
is referenced, and "All special elections do
ne'which are authorized
'
or required by law..." The .question of authorization is clearly
emphasized here, as in my request.
The purpose of such ministerial duties is to insure that f
one is informed of certain -activities in order to provide
oversight. But ministerial duties surely could not be construed
as to require a County Auditor to conduct an election in a way j
not authorized by law. Ministerial duty implies distance --not
involved
ibecoming
in the substance of a decision, of course.
But itis precisely the purpose of ministerial duty to ask the
question, Is this authorized, legal, proper? Since the County
915 s. dubuque • ioma city, ioma 52240 0 319.3%6004
Attorney could not have meant that ministerial duty would
require actions not authorized by law, I find .this paragraph to
be unclear.
The County Attorney states: "I believe you are not required
to make an independent determination as to the legal validity of
the charter provision...", thereby answering a question I did
not ask.
too.
The County Attorney also stated, "Any person aggrieved by a
referendum enactment will be able to litigate the legality of,the
referendum provision."
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This .theme of potential litigation, and resolution of
grievance by litigation` suggests the necessity of action to
lessen:the legal liability of the taxpayers who would 'bear the
costs for such legal activity. I can't help but wonder why the
local government officials of Johnson County couldn't go to the
legislature and ask that .initiative and referendum be granted
under city charter authority. Then the issue of whether it is
allowed under Iowa law 'could be resolved. Since the citizens are
required to approve such a provision at the ballot box before it
could be implemented, I should think it possible that the
legislature might not find such an action to be prohibitively
controversial. I would be willing to discuss further pursuit of
this approach with you at any time.
With regard to the question I did ask, and assuming that my
authority to conduct this special election depends on the ,
legitimacy of the initiative and referendum provision of the Iowa �-
City Charter as implied by the County Attorney above, a July 10,
-
1973- City Attorney opinion''- is -pertinent. -, Thisopinion was
attached to the County Attorney's memo.
The City Attorney.phrases the :central questionsa follows: '
"The initial question to be resolved is whether or not initiative
and referendum may be legally,a part of the Iowa City Charter
under Home Rule."And his conclusion?- "This question is open to i
a
conflicting construction. Hy present research leads me to an
at this would be approved b
'estimate of a -50-60 chance that pP y the I-
,
Supreme Court."
Later in the same opinion the City Attorney recommended that
the Charter Committee further consider the provision of
initiative and referendum. Two of the reasons were: "Initiative
and referendum has brought about a multitude of court cases in
<several states", and "I feel certain it will happen inIowaCity I -
"
too.
The County Attorney also stated, "Any person aggrieved by a
referendum enactment will be able to litigate the legality of,the
referendum provision."
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This .theme of potential litigation, and resolution of
grievance by litigation` suggests the necessity of action to
lessen:the legal liability of the taxpayers who would 'bear the
costs for such legal activity. I can't help but wonder why the
local government officials of Johnson County couldn't go to the
legislature and ask that .initiative and referendum be granted
under city charter authority. Then the issue of whether it is
allowed under Iowa law 'could be resolved. Since the citizens are
required to approve such a provision at the ballot box before it
could be implemented, I should think it possible that the
legislature might not find such an action to be prohibitively
controversial. I would be willing to discuss further pursuit of
this approach with you at any time.
The County Attorney verbally advised me that it is possible
for the
county to incur legal costs from an individual aggrieved
by referendum
enactment as well as the city. I am particularly
concerned that county residents who have no say in the decisions
of Iowa City government could be held financially liable for the
election provisions of the Charter of Iowa City. Therefor I want
it to be clear that I intend to certify as a cost of this
election any costa of litigation that might arise from the
inclusion
of this special election with the Iowa City General
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Election. Such costs could then be billed to the City of Iowa
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City by the Board of Supervisors.
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Finally, the County Attorney answered another question I
didn't
ask. But I am very happy that heanswered this one. -
Because the bottom line is, as he "...whether
f'
put it: you should
proceed with the special election called by the City
Iowa
of
City." His answer? "I recommend that you proceeds.
I suggest that we should not allow the questions hanging
over this charter provision to - be
:left unresolved for another
aixteen. years. And it is ,debatable that waiting :for
a
potentially expensive court case is the beat approach. If the j
provision has only a 50-50 chance of being upheld after going all J
the way;to the Supreme Court as'stated 'by a'former City Attorney,
and any aggrieved individual can litigate, as .stated by the
'Attorney,
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County then itis time to improve this provision and L
resolve some of the uncertainties. I hope we can work together j
for a more satisfactory solution.
herewith approve your request for -a special election as
defined by City of Iowa City Resolution No. 89-218 to be held in
conjunction with the November 7, 1989 Iowa City General Election.
j
Sincerely,
Tom Slockett l
Johnson County 'Auditor k
Commissioner of Elections
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Office of the criminal
J•a w.o 1.,
Johnson County Attorney I...S.A..•
WNW •wp.Y 11.19
112 TMw0, a.am9aean L,
Johnson County Courthouse 411 South Clinton Street • P.O. Boz 2450 • Iowa City, IA 52244 Y.YI 1.01.n•9
(319)339.6100 Civil
J. Petrick While J�SAN,
County Attorney October 17, 1989 Child Support
Linda A. McGuire ow91n, al•n"Wa
lhlAYltl.ni C., 0.T..,
1AIa1WN•f
TOT Tom Slockett'
County Auditorh,
ls( )
RE: City of Iowa City Resolution No. 89-218 '.j
FROM: J. Patrick White ,
Johnson County Attorne ti,
This follows up our telephone conversations regarding your j
letter of September 18th. - f
From those conversations, I understand your question to be
whether you should proceed with the'special-election called by,
the City of Iowa City. I recommend that you proceed.. '"
First, this will formally apprise you of my own inability to
offer a formal opinion on the legality of Iowa City's charter
referendum provision. I was a member of the Council which
submitted that provision to the electorate,,.testified before the II
Charter Committee and actively argued for inclusion of that -"
provision. I should not, therefore, address it now as an attor-
ney. t
I have attached a copy of the then City Attorney's review of
that issue dated July 10, 1973. As you can tell, the issue was -�
considered in 3973 and the Council and the city electorate opted
to proceed.
Any person aggrieved by a referendum enactment will be able
to litigate the legality of the referendum provision..
As the answer to your question needs ultimately to be re—
solved in Court, I would also argue that an 'opinion is not likely
productive,
Your duties under Chapter 47 to conduct all elections within
the county --including elections "called by a political subdivi-
sion" --are essentially ministerial rather than substantive. By
that I mean that you perform when required or requested. In this ?
case, Iowa City has called an election under the charter provi-
sion. I believe you are not required to make an independent
determination as to the legal validity of the charter provision
and that you can proceed with the election as requested.
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,65, does;, not make a lot of; difference, but to .the very'. people directly concerned
with "affordable bousiug," namely, moderate and lower income, and most students,
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that %65 makes °thedifference."
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To'add to the inconsistency of our zoning code;, said dwelling unit
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could be legally occupied by a family ,with a dozen children. end code.
x ,
.the
doesnot. prohibit "mixing sexes." bode specifying !'related, or unrelated"
regarding housing occupancy is also inconsistatt with housing needs in this
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universit student"communit
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Does our City Council not realize that'some of our current zoning
code 'ie counter productive? They actually create more "unaffordable
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, housing. Would: somebody please tell me the difference between unaffordable
housing and "homeless."
1945
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... .� ._..,- ._ ..��...., .v .nnyv wio..v, u,a III OI VUIIII11U111uUS In me wale to
computerize our records in order to achieve compliance with the changes in landfill regulations.
Furthermore, to the, best of our knowledge, there is no "off the shelf' software to*
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meet our
needs and therefore we have chosen to pursue this contractual relationship for software,
'desigri. -
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We will keep you advised.
SJNsp
cc: Chuck Schmadeke
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